2015/04/14 City Council MinutesMINUTES OF THE JOINT REGULAR MEETING
OF THE CITY OF ROHNERT PARK
City Council
Rohnert Park Financing Authority
Successor Agency to the Community Development Commission
Tuesday, April 14, 2015
Rohnert Park City Hall, Council Chamber
130 Avram Avenue, Rohnert Park, California
1. CITY COUNCIL /RPFA /SUCCESSOR AGENCY TO THE CDC JOINT
REGULAR MEETING - CALL TO ORDER/ROLL CALL
Mayor Pro Tempore Belforte called the joint regular meeting to order at 5:00 pm, the notice for
which being legally noticed on April 10, 2015.
Present: Gina Belforte, Vice Mayor
Pam Stafford, Councilmember
Jake Mackenzie, Councilmember
Joseph T. Callinan, Councilmember
Absent: Amy O. Ahanotu, Mayor.
Staff present: City Manager Jenkins, Assistant City Manager Schwartz, Assistant City
Attorney Visick, City Clerk Buergler, Senior Analyst Atkins, Director of Public Safety
Masterson, Finance Director Howze, Human Resources Director Perrault, City Engineer
Pawson, and Director of Public Works and Community Services McArthur.
2. PLEDGE OF ALLEGIANCE
Led by Director of Public Safety Masterson.
3. PRESENTATIONS
A. Mayor's Certificate of Recognition: Honoring Dr. Venus Amt Maher, D.C., for
Providing Healing Services to the Community through'Doctors with a Heart'
Program
Mayor Pro - Tempore Belforte read and presented the certificate to Dr. Venus Ann
Maher, D.C. who expressed her passion for the program.
B. Community and Local Law Enforcement Task Force Presentation — Draft Summary
of Recommendations
Brian Vaughn, MPH, Division Director, Sonoma County Department of Health
Services- Health Policy, Planning & Evaluation Division, provided the presentation
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and draft summary of recommendations. Chair Person Caroline Banuelos was
available to answer questions.
Public Comments: Susan Kinder, Executive Director of Restorative Resources
(Restorative Justice Program), and Jim Duffy.
Councilmember Mackenzie stepped away from dais 5:41 pm and returned 5:43 pm
4. DEPARTMENT HEAD BRIEFING
Public Works /Community Services: Upcoming Community Events.
Director of Public Works and Community Services McArthur announced three (3)
events: the Year round Farmers Market will be held every Sunday at the City Center
Plaza beginning April 19, 2015, from 10:00 am to 2:00 pm; 5 1 annual Volunteer Day at
the Community Center Complex, Saturday, April 25, 2015, from 9:00 am to noon; and
Community Day and Ribbon Cutting at Eagle Park Saturday, May 2, 2015 at 11:00 am.
5. PUBLIC COMMENTS
Alan Moody Jr. expressed concern with the City's lack of communication options for the
deaf or hearing impaired individuals and spoke to the City's obligation to have an ADA
Coordinator.
Jim Duffy suggested reading the report from the President's Task Force of 21" Century
Policing and has two requests pertaining to Rohnert Park's Department of Public Safety:
Establish a culture of transparency and accountability — make all policies available for
public review and put policies online; 2) some form of civilian oversight to meet the
needs of the community to achieve external legitimacy — City Council and Public Safety
work together to devise appropriate civilian oversight for Rohnert Park to establish a
mechanism of communication between the public and Public Safety.
6. CONSENT CALENDAR
A. Approval of Minutes for:
1. City Council /RPFA /Successor Agency Joint Special Meeting, April 3, 2015
2. City Council /RPFA /Successor Agency Joint Regular Meeting, March 24, 2015
B. Acceptance of Reports for:
1. City Bills /Demands for Payment dated April 14, 2015
2. Successor Agency to the CDC Bills /Demands for Payment dated April 14, 2015
3. RPFA- Cash Report for Month Ending February 2015
4. Housing Successor Agency- Cash Report for Month Ending February 2015
5. Successor Agency- Cash Report for Month Ending February 2015
6. City- Cash Report for Month Ending February 2015
7. Council Members Quarterly Expense Report
C. City Council Resolutions for Adoption:
1. 2015-061 Authorizing and Approving Amendment 1 to Task Order 2014 -03
with Brelje & Race Consulting Engineers for Design Review
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Engineering Services for the East Side Trunk Sewer Phase III and
Snyder Lane Widening Project Number 2014 -01
2. 2015 -062 Authorizing and Approving the Second Amendment to Task Order
2014 -02 with Green Valley Consulting Engineers for On -call
Construction Management and Inspection Services for University
District Development
3. 2015 -063 Accepting the Dowdell Avenue Improvements - Project No. 2011 -11
and Directing Related Actions
4. 2015 -064 Authorizing and Approving a Design Professional Services
Agreement with Vali Cooper & Associates, Inc., for Construction
Management and Inspection Services for Benicia Pool Renovation
(Project Number 2014 -06)
5. 2015 065 Atithofizing ,a n ppfaying the Di too of Fin e to Inn
Appfopfiatiens by $3,797,197 within the Gr-alon Mitigatio.B.
-rl $1,212,913 +1, ( Mitigation + D of nt Fee Special
v
and - Fund Number 176 0000 4 00 8001 ,a Any Administfative
Adjustments Neeessafy to Lost Revenue n + ,a t the ,r + r (PULLED by
Callinan)
6. 2015 -066
Authorizing and Approving a Task Order for Construction
Management and Inspection Services for the Rohnert Park
Expressway Rehabilitation Project (Project Number 2013 -01) with
Green Valley Consulting Engineers
7. 2015 -067
Authorizing and Approving the Fifth Amendment to the Design
Professional Services Agreement Re: CSG Consultants Inc.
8.2015-068
Authorizing and Approving the Informal Bid Construction Contract
for Pavement Repair Service, and Awarding the Contract to Telfer
Highway Technologies, Inc., and Authorizing and Approving the
Director of Finance to Increase Refuse Road Impact Fee Special
Revenue Fund Appropriations and Make Any Administrative
Adjustments Necessary to Fund the Contract, and Finding the
Project Exempt from CEQA
9. 2015 -069
Authorizing and Approving a Task Order for On -Call Construction
Management and Inspection Services with Brelje & Race Consulting
Engineers
10. 2015 -070
Authorizing and Approving the City of Rohnert Park: 1) Notice
under the Americans with Disabilities Act; 2) Grievance Procedure
under the Americans with Disabilities Act; and 3) Designation of the
Director of Human Resources as the Americans with Disabilities Act
( "ADA ") Coordinator
11. 2015 -071
Authorizing and Approving the Director of Finance to Increase
Appropriations within the Performing Arts Center Endowment
Donations Permanent Fund for the Purchase of Equipment and
Authorizing the City Manager to Make any Administrative
Adjustments Necessary to Complete the Purchase
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12. 2015 072 Approving the Residential Purchase AgFeemepA and joint -
4_
by Staff)
13.2015-073 Approving the Acceptance by the City of Former Non - Housing
Properties of the Community Development Commission of the City
of Rohnert Park and Authorizing Execution of Documents Necessary
to Ensure City Holds Marketable Title
D. Successor Agency Resolution for Adoption:
1. 2015 -074 Authorizing the Transfer of Certain Former Community
Development Commission Properties to the City of Rohnert Park
E. Authorizing the City Manager to Execute a Use Agreement with COBT LLC /CBI
LLC for Temporary Use of City Property at APN 045- 055 -028 (City property at
Dowdell Avenue north of Golf Course Drive West)
(PULLED by
Callinan)
ACTION: Moved /seconded (Stafford /Mackenzie) to approve the Consent Calendar.
Motion carried unanimously by the following 4 -0 -1 vote: AYES: Callinan,
Mackenzie, Stafford, and Belforte, NOS: None, ABSTAINS: None,
ABSENT: Ahanotu.
C. City Council Resolutions for Adoption:
5. 2015 -065 Authorizing and Approving the Director of Finance to Increase
Appropriations by $3,787,187 within the Graton Mitigation
Supplemental Special Revenue Fund Number 184- 0000 - 400 -8001
and $1,212,813 in the Graton Mitigation Development Fee Special
Revenue Fund Number 176- 0000 - 400 -8001 and Any
Administrative Adjustments Necessary to Partially Reimburse the
General Fund for Lost Revenue Associated with the Graton Casino
Recommended Action(s): Adopt a resolution authorizing and approving the
Director of Finance to increase appropriations by $3,787,187 within the Graton
Mitigation Supplemental Special Revenue Fund Number 184- 0000 - 400 -8001 and
$1,212,813 in the Graton Mitigation Development Fee Special Revenue Fund
Number 176- 0000 - 400 -8001 and any administrative adjustments necessary to
partially reimburse the General Fund for lost revenue associated with the Graton
Casino.
ACTION: Moved /seconded (Callinan/Stafford) to adopt Resolution 2015-
065.
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Motion carried unanimously by the following 4 -0 -1 vote: AYES:
Callinan, Mackenzie, Stafford, and Belforte, NOS: None,
ABSTAINS: None, ABSENT: Ahanotu.
12. 2015 -072 Approving the Residential Purchase Agreement and Joint Escrow
Instructions for the Sale of 746 Brett Avenue to Alejandro Arango
and Nancy Alvarez
City Manager Jenkins presented the item and stated the agreement includes an
addendum that was provided to City Council and the public at tonight's meeting.
Recommended Action(s): Adopt a resolution approving the Residential Purchase
Agreement and Joint Escrow Instructions for the sale of 746 Brett Avenue.
ACTION: Moved /seconded (Stafford /Mackenzie) to adopt Resolution 2015-
072.
Motion carried unanimously by the following 4 -0 -1 vote: AYES:
Callinan, Mackenzie, Stafford, and Belforte, NOS: None,
ABSTAINS: None, ABSENT: Ahanotu.
F. Approval of Increased Councilmember Expense Reimbursement
Recommended Action(s): Approve an increase in the expense reimbursement
available to Councilmember Mackenzie in the amount of $1,000 for the Fiscal Year
14 -15, for an annual total of $2,000.
ACTION: Moved /seconded (Callinan/Stafford) to approve.
Motion carried unanimously by the following 4 -0 -1 vote: AYES:
Callinan, Mackenzie, Stafford, and Belforte, NOS: None, ABSTAINS:
None, ABSENT: Ahanotu.
7. Consideration of Appointments to the City of Rohnert Park Senior Citizens
Advisory Commission
City Manager Jenkins presented the item. Recommended Action(s): Vice Mayor Belforte
and Councilmember Callinan select their appointees to fill the two (2) existing vacancies
on the Senior Citizens Advisory Commission for the remainder of two -year terms
expiring on December 31, 2016.
Public Comment: None.
ACTION: Moved /seconded (Mackenzie /Stafford) to ratify Councilmember
Callinan's appointment of Cheryl Burton and Vice Mayor Belforte's
appointment of Dolores Barron.
Motion carried by the following 4 -0 -1 vote: AYES: Callinan, Mackenzie,
Stafford, and Belforte, NOS: None, ABSTAINS: None, ABSENT:
Ahanotu.
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8. Contract with the Design Guild for Marketing Services for the City of Rohnert Park
Assistant City Manager Schwartz presented the item. Christine Walker, The Design
Guild Co- Founder, was present to answer questions. Recommended Action(s): Approve
contract with The Design Guild for marketing services for the City of Rohnert Park.
Public Comment: None.
ACTION: Moved /seconded (Callinan/Stafford) to approve the Recommended
Action.
Motion carried by the following 4 -0 -1 vote: AYES: Callinan, Mackenzie,
Stafford, and Belforte, NOS: None, ABSTAINS: None, ABSENT:
Ahanotu.
Councilmember Mackenzie stepped away from dais 6:26 pm
9. Consideration of a Resolution Adjusting the FY 14/15 Winter Average /Sewer Cap
used to Calculate Residential Wastewater Flow Charges due to the Continuing
Drought
City Manager presented the item. Recommended Action(s): Adopt a resolution of the
City Council of the City of Rohnert Park authorizing and approving the interpretation of
Section 4 of Ordinance No. 837 to allow the charges for residential wastewater service to
be calculated using the lower value of the winter averages for FY 12/13, FY 13/14, and
FY 14/15 in order to fix equitable sewer rates due to the continuing drought.
1 i1 T HT Association.
Public Comment: Paul Libeu, Mountain Shadows Mobile ome
Councilmember Mackenzie returned 6:29 pm
ACTION: Moved /seconded (Callinan /Stafford) to adopt Resolution 2015 -075
Authorizing and Approving the Interpretation Section 4 of Ordinance No.
837 to Allow the Charges for Residential Wastewater Service to be
Calculated Using the Lower Value of the Winter Averages for FY 12/13,
FY 13/14, and FY 14/15 in Order to Fix Equitable Rates Due to the
Continuing Drought.
Motion carried by the following 4 -0 -1 vote: AYES: Callinan, Mackenzie,
Stafford, and Belforte, NOS: None, ABSTAINS: None, ABSENT:
Ahanotu.
10. PUBLIC HEARING: (NO EARLIER THAN 6PM- Noticed 4/8/2015 and 4/10/2015)
Consider Accepting the Final Water Rate Report and Introduction of Ordinance
Amending Chapter 13.04 of the Rohnert Park Municipal Code to Increase Water
Service Rates
Consultant Bob Reed, The Reed Group, Inc., presented the item. Recommended
Action(s): Accept the Final Water Rate Study Report; 2) hold a public hearing to consider
any written protests on the proposed water rate increases; 3) certify the final count of any
written protests and, if written protests are not presented by a majority of the affected
parcels; and 4) introduce by title only, an Ordinance amending Chapter 13.04 of the
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Rohnert Park Municipal Code to increase water service rates and waive further reading of
the text.
Hearing Opened 6:54 pm
Mayor Pro Tempore Belforte reviewed the process for this public hearing reminding
everyone that if they wished to file a written protest against the proposed new /increased
water rates, they must deliver it to the City Clerk before the close of this hearing. The
requirements for a valid written protest were sent to all the City's water customers in
February, with additional copies of that notice at the back of the room. Only written
protests received by the Cleric before closing this hearing tonight will be counted. If
written protests are received for a majority of the parcels that would be subject to the new
rates, we will not proceed further. With the opening of this public hearing, any interested
person may speak to the Council on this proposal.
Public Comments in opposition to the item:
David Grundman stated the water report is thorough, however, he thinks the study is
faulty because of unaccounted for water (unmetered and leaks) and the percentage seems
high. He does not support the rate -payer paying for the unaccounted for water. He
supports the consultant's recommendation of parcels start paying for water used. The
inflation rate should be based on Sonoma County and not San Francisco. The water study
uses a 1/2 of 1 percent use growth in the customer base and thinks the percentage needs to
be increased. Grundman stated City labor costs have been reduced because of recent
labor negotiations. Grundman does not support COLA increases.
Cheryl Campers (Burton) expressed concern over those with a fixed income and how
they will afford the increases and noted she has not heard anything about discounted rates
for low income residents.
Public Comments:
Jim Cronin, President of the Rancho Grande Mobile Home Park Residents' Association,
stated they do not have individual water meters and therefore pay for common areas.
Cronin has questions regarding the rate. Council directed staff to follow -up.
Mayor Pro Tempore Belforte announced she had no other speaker cards and called for
other speakers with remarks before she closed the public hearing.
John Weinman asked if the general inflation fund can only be used for water and
suggested 3 year rate schedule instead of 5 years.
Mayor Pro Tempore Belforte called for any other speakers before closing the public
hearing.
Hearing Closed 7:10 pm
Report from City Clerk: 11 written protests were received. The number of protests is less
than one half of the parcels that would be subject to the new and /or increased rates.
Therefore, a majority protest has not been filed.
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ACTION: Moved /seconded (Mackenzie /Stafford) to waive full reading and introduce
Ordinance 884 Amending Chapter 13.04 of the City of Rohnert Park
Municipal Code (City Water System) to Increase Water Service Rates.
Title read by Mayor Pro Tempore Belforte.
Motion carried by the following 4 -0 -1 roll call vote: AYES: Callinan,
Mackenzie, Stafford, and Belforte, NOS: None, ABSTAINS: None,
ABSENT: Ahanotu.
11. General Fund 10 -Year Financial Forecast Update
City Manager Jenkins presented the item. Recommended Action(s): Receive and discuss
a report of the City's projected financial condition as staff prepares the proposed budget
for Fiscal Year 2015 -16.
Public Comment: None.
Councilmember Mackenzie stated for the record that the cost of employees is not going
down.
ACTION: By Consensus, City Council received the report.
12. Emergency Purchase Authorization Pursuant to Public Contract Code Section
22050 for Contractor Services in Mitigating Water and Fire Damage to 100 Avram
Avenue
Senior Analyst Atkins presented the item. Recommended Action(s): By minute order 1).
Find, based on the information in the Agenda Report and as provided during the meeting,
that the emergency conditions resulting from the fire at 100 Avram Avenue require an
immediate response and will not permit delay that would result from a competitive
solicitation of bids for corrective action; and 2) Move, pursuant to Public Contract Code
section 22050, to authorize the City Manager to execute an agreement with Central
Valley Environmental for an amount of $143,468.00 to carry out the necessary mitigation
work, and to approve up to $50,000 worth of change orders, if needed.
Public Comment: None.
ACTION: Moved /seconded (Mackenzie /Stafford) City Council finds that the
weakened structure of the building, the ongoing damage caused by rotting,
wet building materials, and the growth of mold, presents an ongoing threat
to the safety of persons entering the building, whether permissively
present or not. Additionally, this threat constitutes an emergency pursuant
to Section 22050(a) of the Public Contract Code, that emergency
conditions at the Property require an immediate response and will not
permit delay resulting from competitive bidding, and moves to authorize
the City Manager execute an agreement with Central Valley
Environmental for an amount of $143,468.00 to carry out the necessary
mitigation work and to approve up to $50,000 worth of change orders if
needed.
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Motion carried by the following 4 -0 -1 roll call vote: AYES: Callinan,
Mackenzie, Stafford, and Belforte, NOS: None, ABSTAINS: None,
ABSENT: Ahanotu.
13. COMMITTEE / LIAISON/ OTHER REPORTS
Golf Course Oversight Committee: Councilmember Callinan reported the Winter 2014-
15 Maintenance Summary report was discussed, the new format /content is working well,
and the overall the condition of both courses has improved. Also discussed were cart
paths and the City's responsibility for path conditions and staff will be investigating.
The Committee received an operations report from CourseCo.
Waste and Recycling Committee: Councilmember Stafford reported they received an
update on the status of the Sonoma County Waste Management Agency.
Sonoma County Water Advisory Committee (WAC): Councilmember Mackenzie
reported he and Councilmember Callinan attended the meeting. WAC recommended
approval of the Water Agency budget.
SMART: Councilmember Mackenzie reported on his attendance at the April 7, 2015
SMART commuter car unveiling in Cotati.
North Coast Resource Partnership: Councilmember Mackenzie reported he will be
resigning his position as Chair of the North Coast Resource Partnership and the Policy
Review Panel because of his increased duties with Metropolitan Transportation
Commission (MTC).
Councilmember Mackenzie attended the Sonoma County Adaptation Forum, April 8,
2015, at Sonoma State University.
14. COMMUNICATIONS
None.
15. MATTERS FROM /FOR COUNCIL
Councilmember Stafford reported on the Rohnert Park Public Safety Officers Association
(RPPSOA) Easter Egg Hunt April 4, 2015.
Councilmember Mackenzie reported on the March 28, 2015, Education Foundation of
Cotati & Rohnert Park's Sharing of the Green event.
16. PUBLIC COMMENTS
None.
17. CLOSED SESSION
A. Mayor Pro Tempore Belforte made the closed session announcement pursuant to
Government Code §54957.7 and Council recessed to Closed Session at 7:55 pm in
Conference Room 2A to Consider:
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CONFERENCE WITH LABOR NEGOTIATORS ( Govermment Code §54957.6)
Agency designated representative(s): Darrin Jenkins
Employee Organizations:
a. Rohnert Park Public Safety Officers' Association (RPPSOA)
2. Conference with Legal Counsel — Anticipated Litigation - Significant exposure to
litigation pursuant to Government Code §54956.9(d)(2): (One Case)
3. Conference with Real Property Negotiators (Government Code §54956.8)
Property: Stadium Lands Lot 1 (APN: 143- 040 -124)
City Negotiator: Darrin Jenkins, City Manager
Negotiating Parties: Anthony J. Manos, Corton Partners /Bruce Orr & Associates
Under Negotiation: Price and Terms
B. Reconvened Joint Regular Meeting Open Session in Council Chamber at 8:36 pm
C. Report On Closed Session (Government Code § 54957.1)
Mayor Pro Tempore Belforte reported: no reportable action.
18. ADJOURNMENT
Mayor Pro Tempore Belforte adjourned the joint regular meeting at 8:36 pm.
3 �•`4. d
t iAnne Buergler, City`tClerk Amy O. Ahanotu, Mayor
ty of Rohnert Park City of Rohnert Park