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2013/02/12 City Council Agenda Mission Statement "We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." City of Rohnert Park + 130 Avram Avenue + Rohnert Park, California 94928 PHONE: (707) 588-2227+ FAX: (707) 792-1876 + WEB: www.rpcity.org ROHNERT PARK CITY COUNCIL Rohnert Park Financing Authority (RPFA) Successor Agency to the Community Development Commission (CDC) JOINT REGULAR MEETING AGENDA Tuesday, February 12,2013 Open Session: 5:00 p.m.* *Or as soon as the meeting may be held following the Special City Council meeting. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 A vram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendance, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City CounciIlRPF A agendas and minutes may be viewed at the City's website: www.rpcitv.org. PUBLIC HEARINGS: CounciIlRPF A may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Councilor the Rohnert Park Financing Authority of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Rohnert Park at, or prior to the public hearing(s). RIGHT TO APPEAL: Judicial review of any city administrative decision pursuant to Code of Civil Procedure Section 1094.5 may be had only if a petition is filed with the court no later than the deadlines specified in Section 1094.6 of the California Code of Civil Procedure, which generally limits the time within which the decision may be challenged to the 90th day following the date that the decision becomes final. SIMULTANEOUS MEETING COMPENSATION DISCLOSURE (Government Code ~ 54952.3): Members of the City Council receive no additional compensation as a result of convening this joint meeting of the City Council and the Rohnert Park Financing Authority. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time detennined by Presiding Officer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12,2013 Page 2 of7 1. CITY COUNCILIRPFA/SUCCESSOR AGENCY JOINT REGULAR MEETING- CALL TO ORDER/ROLL CALL (Ahanotu_ Belforte_ Mackenzie_ Callinan_ Stafford--> 2. PRESENTATION A. Mayor's Presentation of Certificate of Recognition for Outstanding Community Service to Trevor Kasimoff B. Informational presentation about the Miss Sonoma County Scholarship Program being held at Spreckels Performing Arts Center on March 2, 2013 3. CLOSED SESSION A. Recess to Closed Session in Conference Room 2A to Consider: 1. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) subdivision (b) of Government Code ~ 54956.9: (Two cases) 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) ofCal. Gov't Code Section 54956.9:) Sierra Club and Sonoma County Conservation Action v. City of Rohnert Park; Wal- Mart Stores, Inc., et aI., (as Real Parties In Interest). Sonoma County Superior Court, Case No. SCV 248112 3. CONFERENCE WITH LABOR NEGOTIATORS (Government Code ~54957.6) Agency designated representative(s): Gabriel Gonzalez Employee Organizations: a. Service Employees' International Union (SEIU) Local 1021 b. Rohnert Park Employees' Association (RPEA) c. Rohnert Park Public Safety Officers' Association (RPPSOA) d. Rohnert Park Public Safety Managers' Association (RPPSMA) e. Unrepresented Management and Confidential Employees B. Reconvene Joint Regular Meeting Open Session In Council Chamber C. Mayor's Report On Closed Session (Government Code ~ 54957.1) 4. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker wi!! be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 5. CONSENT CALENDAR All items on the Consent Calendar wi!! be considered together by one action of the City Council and/or the Rohnert Park Financing Authority and Successor Agency to the Community Development Commission, whichever is applicable, unless any Council Member or anyone else interested in a consent calendar item has a question about the item. A. Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Regular Meeting January 22,2013 B. Acceptance of Reports for: I. City Bills/Demands for Payment dated February 12, 2013 City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12, 2013 Page 3 of7 C. City Council Resolutions for Adoption: 1. 2013-012 Approving and Authorizing an Agreement with SMART for Rohnert Park Station Property Transfer and Grant Deed 2. 2013-013 Authorizing and Approving a Deferred Payment Plan Agreement for the with K-N-I, LLC for sewer capacity charges for Art's Place (563 Rohnert Park Expressway West) 3. 2013-014 A Resolution of the City Council of the City of Rohnert Park for Approval of a Settlement Agreement and Mutual Release with Caritas Corporation regarding Valley Village Mobile Home Park Tenant Petition No. 2009-01 4. 2013-015 Authorizing and Approving Assistant City Manager Employment Agreement 5. 2013-016 Approving and Authorizing Accepting a Quit Claim Deed Terminating an Existing Access Easement, and Approving and Authorizing a Grant of Access Easement to Rural California Broadcasting Corporation (KRCB), 5850 Labath Avenue 6. 2013-017 Approving Job Description and Salary Range for Development Services Manager D. City Council Ordinances for Adoption: 1. 853 An Ordinance of the City Council of the City of Rohnert Park, California Amending Chapter 5.24 of the Rohnert Park City Code, Implementing Additional Provisions of the Digital Infrastructure and Video Competition Act of2006 Council MotionlRolI Call Vote (AHANOTU_BELFORTE_MACKENZIE _ CALLINAN_ STAFFORD--> 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ACCEPTING A GRANT OF EASEMENT AND RIGHT OF WAY FROM DANNY ORTEGA, AS SUCCESSOR TRUSTEE OF THE PAULA MENDENHALL REVOCABLE TRUST FOR PROPERTY LOCATED ALONG WILFRED A VENUE (APN 045-054-018) Adopt a Resolution to accept property A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-018 A Resolution Of The City Council Of The City Of Rohnert Park Accepting Grant Of Easement And Right Of Way From Danny Ortega As Successor Trustee Of The Paula Mendenhall Revocable Trust Dated September 15, 1994 (APN 045-054-018). a. Council motion/discussion/vote 7. RESOLUTION OF NECESSITY FOR AUTHORIZING ACQUISITION AND CONDEMNATION OF REAL PROPERTY IDENTIFIED AS LANDS OF THE AMY'S KITCHEN RESTAURANT HOLDINGS LLC, APN 045-075-002, FOR THE WILFRED A VENUE IMPROVEMENT PROJECT City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12, 2013 Page 4 of7 Conduct a Resolution of Necessity Hearing as required by California Code of Civil Procedures to acquire property by eminent domain proceedings A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-019 A Resolution Of Necessity By The City Council Of The City Of Rohnert Park, California, Authorizing The Acquisition Of Property By Eminent Domain For The Wilfred A venue Widening Project. a. Council motion/discussion/vote 8. RESOLUTION OF NECESSITY FOR AUTHORIZING ACQUISITION AND CONDEMNATION OF REAL PROPERTY IDENTIFIED AS LANDS OF THE TESCONI PROPERTIES LLC, APN 045-075-001, FOR THE WILFRED AVENUE IMPROVEMENT PROJECT Conduct a Resolution of Necessity Hearing as required by California Code of Civil Procedures to acquire property by eminent domain proceedings A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-020 A Resolution Of Necessity By The City Council Of The City Of Rohnert Park, California, Authorizing The Acquisition Of Property By Eminent Domain For The Wilfred A venue Widening Project. a. Council motion/discussion/vote 9. RESOLUTION OF NECESSITY FOR AUTHORIZING ACQUISITION AND CONDEMNATION OF REAL PROPERTY IDENTIFIED AS LANDS OF THE CHRISTOFORIDIS FAMILY TRUST, APN 045-072-007, FOR THE WILFRED AVENUE IMPROVEMENT PROJECT Conduct a Resolution of Necessity Hearing as required by California Code of Civil Procedures to acquire property by eminent domain proceedings A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-021 A Resolution Of Necessity By The City Council Of The City Of Rohnert Park, California, Authorizing The Acquisition Of Property By Eminent Domain For The Wilfred Avenue Widening Project. a. Council motion/discussion/vote 10. RESOLUTION OF NECESSITY FOR AUTHORIZING ACQUISITION AND CONDEMNATION OF REAL PROPERTY IDENTIFIED AS LANDS OF MARY SHU CHANG, APN 045-072-008, FOR THE WILFRED AVENUE IMPROVEMENT PROJECT Conduct a Resolution of Necessity Hearing as required by California Code of Civil Procedures to acquire property by eminent domain proceedings City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12,2013 Page 5 of7 A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-022 A Resolution Of Necessity By The City Council Of The City Of Rohnert Park, California, Authorizing The Acquisition Of Property By Eminent Domain For The Wilfred Avenue Widening Project. a. Council motion/discussion/vote 11. RESOLUTION OF NECESSITY FOR AUTHORIZING ACQUISITION AND CONDEMNA TION OF REAL PROPERTY IDENTIFIED AS LANDS OF THE LOOSLI 1993 TRUST, APN 045-054-021, FOR THE WILFRED A VENUE IMPROVEMENT PROJECT Conduct a Resolution of Necessity Hearing as required by California Code of Civil Procedures to acquire property by eminent domain proceedings A. Staff Report B. Public Comment C. Resolution for Adoption: 1. 2013-023 A Resolution Of Necessity By The City Council Of The City Of Rohnert Park, California, Authorizing The Acquisition Of Property By Eminent Domain For The Wilfred A venue Widening Project a. Council motion/discussion/vote 12. REFUND 1999 CERTIFICATES OF PARTICIPATION Refund the 1999 Certificates of Participation using a privately placed, tax exempt lease arrangement with a bank A. Staff Report B. Public Comment C. Resolution for Adoption 1. 2013-026 Approving a Site Lease, a Lease Agreement, and an Escrow Agreement a. Council motion/discussion/vote 13. PUBLIC HEARING (NO EARLIER THAN 6PM) Application by Ahferom Legesse for Certificate of Convenience -Taxi Permit for All City Taxi Determine if a Certificate of Public Convenience (Taxi Permit) should be issued to Ahferom Legesse d.b.a. All City Taxi A. Staff Report B. Public Hearing C. Resolution for Adoption 1. 2013-024 Finding the Public Convenience and Necessity for Ahferom Legesse d.b.a. All City Taxi to provide taxicab service in Rohnert Park a. Council motion/discussion/vote City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12, 2013 Page 6 of7 14. PUBLIC HEARING (NO EARLIER THAN 6PM) Application by Berhane A. Tedla for Certificate of Convenience -Taxi Permit for North Bay Taxi Determine if a Certificate of Public Convenience (Taxi Permit) should be issued to Berhane A. Tedla d.b.a. North Bay Taxi A. Staff Report B. Continuation of Public Hearing to February 26, 2013 1. Council motion/discussion/vote 15. MA YORS' & COUNCILMEMBERS' ASSOCIA TION MATTERS City Council consideration of supporting letters of interest for appointments to the following vacancies by the City Selection Committee and the Mayors' and Councilmembers' Association Board of Directors on February 28, 2013 A. City Selection Committee Appointments: 1. Airport Land Use Commission 2. Bay Area Air Quality Board 3. Golden Gate Bridge, Highway and Transportation District (2 applicants, 1 positions) 4. Local Agency Formation Commission (LAFCO) 5. Remote Access Network (RAN) Board B. Mayors' and Councilmembers' Association Appointments: 1. ABAG Executive Board 2. ABAG Hazardous Waste Management Facility Allocation 3. ABAG Regional Planning Committee 4. Sonoma County Agricultural Preservation and Open Space District Citizens Advisory Committee (3 applicants, 2 positions) 5. Sonoma County Child Care Planning Council 6. Sonoma Marin Area Rail Transit Commission (SMART) C. Council discussion/Action 16. STANDING COMMITTEE / LIAISON REPORTS This time is set aside to allow Council members serving on Council committees or on regional boards, commissions or committees to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No action may be taken. A. Standing Committee Reports 1. Water/Wastewater Issues Committee, 2/12 (JM/GB) 2. Waste & Recycling Committee, 2/7 (PS/AA) B. Liaison Reports 1. Sonoma County Library JP A Review Advisory Committee, 1/25 (AA) 2. REMIF Annual Meeting, 1/24-25 (JC/GG) 3. SCTA/RCPA, 2/4 (JM) C. Other Reports City of Rohnert Park Joint Regular Meeting Agenda for City Council/Rohnert Park Financing Authority/Successor Agency February 12,2013 Page 7 of7 17. COMMUNICATIONS Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any communication may do so at this time. No action may be taken except to place a particular item on afuture agendafor Council consideration. 18. MA TTERS FROM/FOR COUNCIL 19. PUBLIC COMMENTS Persons wishing to address the Council on any Consent Calendar item or on City business not listed on the Agenda may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any report item listed on the Agenda should submit a "Speaker Card" to the City Clerk before announcement of that agenda item. 20. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be considered earlier or later than the time indicated depending on the pace at which the meeting proceeds. If you wish to speak on an item under discussion by the Council which appears on this agenda, after receiving recognition from the Mayor, please walk to the rostrum and state your name and address for the record. Any item raised by a member of the public which is not on the agenda and may require Council action shall be automatically referred to staff for investigation and disposition which may include placing on a future agenda. If the item is deemed to be an emergency or the need to take action arose after posting of the agenda within the meaning of Government Code Section 54954.2(b), Council is entitled to discuss the matter to determine if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Council meeting, please contact the City Clerk's Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impainnent requiring meeting materials to be produced in another fonnat (Braille, audio-tape, etc.) AGENDA REPORTS & DOCUMENTS: Copies of all staff reports and documents subject to disclosure that relate to each item of business referred to on the agenda are available for public inspection at City Hall located at 130 Avram Avenue, during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will also be made available for inspection at City Hall during regular business hours. CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare that the foregoing agenda for the February 12,2013, Joint Regular Meeting of the Rohnert Park City CouncillRPFA was posted and available for review on February 7,2013, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcitv.org, Executed this 7th day of February, 2013, at Rohnert Park, California.