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2020/02/25 City Council Minutes MINUTES 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, February 25, 2020 Rohnert Park City Hall, Council Chamber 130 Avram Avenue, Rohnert Park, California Councilmember Belforte Participated via Teleconference: Marriot, Grande Lakes, 4040 Central Florida Parkway, Orlando, Florida 32837 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Callinan called the joint regular meeting to order at 5:00 pm, the notice for which being legally noticed on February 20, 2020. Present: Joseph T. Callinan, Mayor Jake Mackenzie, Vice Mayor Susan H. Adams, Councilmember Gina Belforte, Councilmember (attending via telephone – joined in at 5:00 p.m.) Pam Stafford, Councilmember Staff present: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Marchetta Kenyon, Development Services Director Pawson, Director of Public Safety Mattos, Director of Public Works and Community Services McArthur, Director of Human Resources Perrault, Deputy City Engineer Garrett, Management Analyst Beran, Planning Manager Beiswenger, Interim Finance Manager Orozco, Senior Analyst L. Tacata and Assistant City Clerk Lopez Cuevas. 2. PLEDGE OF ALLEGIANCE Led by Addison Sandoval and Audrey Thompson-Salas. 3. PRESENTATIONS Mayor's Recognition: Winners of Rohnert Park’s Got Talent Show at the "I heart Rohnert Park" event on February 8, 2020; Mayor Callinan read the certificates and presented them to Addison Sandoval, Audrey Thompson-Salas, Madison Oland and Isabella Wall. Indigo Miller was recognized but not present; Indigo Miller will receive a certificate via mail. 4. DEPARTMENT HEAD BRIEFING None. City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 2 of 8 5. PUBLIC COMMENTS Chris Meyer spoke about district elections. Karen Hudson spoke about 5G technology. Sunny Galbraith and Xinci Tan requested council to schedule a presentation regarding the Zero Waste Sonoma Ordinance regarding polystyrene foam and disposable food containers. 6. CLOSED SESSION None. 7. CONSENT CALENDAR A. Acceptance of Reports for: Acceptance of Reports for: City Bills/Demands for Payment dated February 1 through February 13, 2020. B. Adopt Resolution 2020-017 Authorizing and Approving the 2020 Master Services Agreement and Task Order 2020-01-Engineering and Task Order 2020-02 Planning with CSG Inc. C. Authorize the City Manager to Execute Amendment 1 to Task Order 2019-01 with Coastland Civil Engineering for Additional Design Services for the Pavement Maintenance Project (CIP Project 18-34) in an amount not to exceed of $39,612.00 PULLED BY MAYOR CALLINAN D. Adoption of Ordinance 945, an Ordinance of the City Council of Rohnert Park, Amending Section 16.14.020 (Park Dedication) of the Rohnert Park Municipal Code E. Approval of Minutes for City Council/RPFA/Successor Agency Joint Regular Meeting, February 11, 2020 F. Approve a Settlement Agreement and Release Regarding Freeman v. City of Rohnert Park, et al., Case No. 4:18-cv-07661-HSG G. Approve a Settlement Agreement and Release Regarding Payne, et al. v. City of Rohnert Park, et al., Case No. 4:19-cv-05058-HSG ACTION: Moved/seconded (Stafford/Mackenzie) to approve the Consent Calendar with the exception of Item 7.C. Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None 7.C. Authorize the City Manager to Execute Amendment 1 to Task Order 2019-01 with Coastland Civil Engineering for Additional Design Services for the Pavement Maintenance Project (CIP Project 18-34) in an amount not to exceed of $39,612.00 ACTION: Moved/seconded (Callinan/Mackenzie) to approve Item 7.C. with direction to staff to return to council with information regarding the cost of the pavement and design services for adding a short Section of Ellen Street. Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 3 of 8 8. REGULAR ITEMS: A. PUBLIC HEARING (Noticed: February 14, 2020) Seventh Public Hearing to Consider Adoption of Ordinance 944, an Ordinance of the City of Rohnert Park, California Amending Title 2 “Administration and Personnel” of the Rohnert Park Municipal Code to add a Chapter 2.66 “District Elections” to provide for the election of members of the City Council by Five Districts; Establish the District Boundaries; and Election order of each District (CEQA Status: Exempt) City Attorney Marchetta-Kenyon presented the item. Also presenting was Shalice Tilton, Consultant of National Demographics Corporation. Recommended Action(s): 1) Conduct the seventh Public Hearing to consider adoption of an ordinance to establish district-based elections and confirm the selection of the district boundaries and sequence of district elections; 2) Find adoption of Ordinance 944 Exempt from CEQA pursuant to Public Resource Code section 21065 and CEQA Guidelines Sections 15320, 15378 and 15061(b)(3); and 3) Waive the second reading and adopt Ordinance 944 Amending Title 2 “Administration and Personnel” of the Rohnert Park Municipal Code to add a Chapter 2.66, “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District. Public Hearing Opened: 5:23 p.m. PUBLIC COMMENT: Debbie Woods, Ann Howard, Rush Cosgrove, Gerard Giudice, Holly Neal, Jackie Elward, Frankie Lemus, Maria Sandoval, Rosemary Mojica, Shelly Gomez, Sylvia Lemus, Melissa Culhane, Sophia Williams, Julie Royes, Chris Meyer, David Amstrong and Erin Armstrong spoke against this item. Public Hearing Closed: 5:56 p.m. Vice Mayor Mackenzie asked the City Attorney for an opinion on whether Elections Code Section 21606(b) applies to the Council’s action tonight. ACTION: Moved/seconded (Mackenzie/Belforte) to table this item until a written opinion from the City Attorney regarding the concerns Vice Mayor Mackenzie raised regarding AB49 and Elections Code Section 21606(b) is received. Motion carried (failed) by the following 2-3-0 roll call vote: AYES: Belforte and Mackenzie NOES: Adams, Stafford, Callinan, ABSENT: None. Vice Mayor Mackenzie further discussed concerns raised by the public regarding the selection of map 112 and election sequencing and noted for the record that “On January 28, 2020 Council conducted the fifth public hearing but did not adopt Ordinance 943. Instead, Council gave direction to continue the item so further consideration of appropriate maps could be discussed.” City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 4 of 8 Mayor Callinan declared a recess at 6:21 p.m. and City Attorney was directed to prepare an opinion regarding the issues raised by Vice Mayor Mackenzie. Mayor Callinan reconvened the meeting at 6:30 p.m. City Attorney Marchetta Kenyon stated that Elections Code Section 21606(b) does not apply to the Council’s decision on election sequencing as that section applies to cities who have already transitioned to district elections and does not apply to cities that are going through the transition process, which is what the City of Rohnert Park is doing. ACTION: Moved/seconded (Stafford/Adams) to adopt Ordinance No. 944. Title read by Mayor Callinan. Motion carried by the following 3-2-0 roll call vote: AYES: Adams, Stafford, Callinan NOES: Belforte and Mackenzie, ABSENT: None. Mayor Callinan stated for the record: “this process has not been easy for any of us up here in the dais. It is always going to be difficult to transition out of at large elections to by district elections. But I want to point out that we all agreed on district boundaries by unanimous vote on the selection of map 112 as a preferred map so the only issue causing concern is the election sequencing and because we want to give preference to district 1 to elect its councilmember in 2020, that means that 1 out the 3 councilmembers whose terms are up in 2020 would not be able to run at the end of our terms. At the last meeting, the council voted in a split decision that districts 1, 3 and 4 should sequence in 2020 and districts 2 and 5 should sequence in 2022. It is unfortunate that any of us would have to forgo running again at the end of our terms and I understand the frustration but unfortunately, because of the California Voting Rights Act, it is unavoidable.” B. PUBLIC HEARING (Noticed: February 14, 2020) Consider Adopting a Resolution Approving the Mitigated Negative Declaration for the Copeland Creek Trail to Crane Creek Regional Park Project located on the Northeast Corner of Laurel Drive and Petaluma Hill Road and approving the Copeland Creek Trail to Crane Creek Regional Park Project (APN 047-132-038 and Sonoma County Right-of Way). Director of Development Services/City Engineer Pawson and Deputy City Engineer Garrett, presented the item. Recommended Action(s): Conduct the public hearing and Adopt Resolution 2020- 020 Approving the Mitigated Negative Declaration for the Copeland Creek Trail to Crane Creek Regional Park Project located on the Northeast Corner of Laurel Drive and Petaluma Hill Road and approving the Copeland Creek Trail to Crane Creek Regional Park Project (APN 047-132-038 and Sonoma County Right-of-Way) Councilmember Adams left the dais at 6:40 p.m. and retuned at 6:43 p.m. Public Hearing Opened: 6:46 p.m. PUBLIC COMMENT: Grace Anderson and Jen Bryant expressed concerns and spoke against this item. Eris Weaver, Elizabeth Tyree and Neil Hancock spoke in support of this item. City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 5 of 8 Public Hearing Closed: 6:58 p.m. ACTION: Moved/seconded (Mackenzie/Stafford) to adopt Resolution 2020-020 Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None. C. PUBLIC HEARING (Noticed: February 14, 2020) Consider Adopting Resolutions Approving Residences at Five Creek Amendments, including (1) General Plan Amendment; (2) Final Development Plan and Conditional Use Permit Amendment; and (3) Introducing an Ordinance Approving a Development Agreement Amendment between the City and Stadium RP Development Partners LLC (File No. PROJ20-0001) (CEQA Review: Consistent with Adopted Mitigated Negative Declaration) Planning Manager Beiswenger presented the item. Recommended Action(s): 1) Conduct Public Hearing; 2) Adopt Resolution 2020-018 Approving General Plan Text and Map Amendments to allow the Residences at Five Creek Project to Convert the Allowed Development and Use of Lot 4 in the Residences at Five Creek Project Area from 34,300 Square Feet of Retail Space to 74 Residential Apartment Units (APN 143-040-139); 3) Adopt Resolution 2020-019 Approving Stadium Area Master Plan Amendments and Approval of a Conditional Use Permit for the Residences at Five Creek Project (APN 143- 040-139); and 4) Introduce Ordinance 946, An Ordinance of the City Council of the City of Rohnert Park Approving a Development Agreement Amendment between the City of Rohnert Park and Stadium RP Development Partners, LLC, Rohnert Park 668, LP And Pacific Hospitality Sonoma, LLC for Amendments to the Development of the Residences at Five Creek Project (APN 143-040-139) Public Hearing Opened: 7:14 p.m. PUBLIC COMMENT: Matthew J. Waken, for Stadium RP Development Partners, LLC (Applicant) spoke about this project and their proposed General Plan Amendment. Public Hearing Closed: 7:23 p.m. ACTION: Moved/seconded (Adams/Stafford) to adopt Resolution 2020-018 Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Mackenzie) to adopt Resolution 2020-019 Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None. ACTION: Moved/seconded (Stafford/Adams) to introduce Ordinance No. 946. Title read by Mayor Callinan. City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 6 of 8 Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None. D. Accept the Fiscal Year 2018-19 Comprehensive Annual Financial Report and Adopt a Resolution Authorizing and Approving the Finance Manager to Increase Appropriations for FY2019-20 to Transfer Assigned Fund Balances. Interim Finance Manager Orozco presented the item. Recommended Action(s): 1) Accept the Fiscal Year 2018-19 Comprehensive Annual Financial Report (CAFR); and 2) Adopt Resolution 2020-021 Authorizing and Approving the Finance Manager to Increase Appropriations for FY2019-20 to Transfer Assigned Fund Balances. Mayor Callinan left the dais at 7:32 p.m. and Vice Mayor Mackenzie assumed the gavel. Mayor Callinan returned to the dais at 7:34 p.m. and reassumed the gavel. Council Received and Accepted the Report. ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2020-021 Motion carried by the following unanimous 5-0-0 roll call vote: AYES: Adams, Belforte, Stafford, Mackenzie and Callinan, NOES: None, ABSENT: None. E. Discuss and Provide Direction Regarding Request for Capital Investment on the City Owned Foxtail Golf Course for Bunker Renovation and Irrigation Pump Replacement. 1. Disclosure of potential conflict: Councilmember Adams stated that she resides within 500' of the golf course. Councilmember Belforte stated that she resides within 500' of the golf course. Councilmember Stafford stated that she resides within 500' of the golf course. Mayor Callinan stated that he resides within 500' of the golf course. 2. Random selection of disqualified council members: Assistant City Clerk Lopez Cuevas randomly selected Councilmember Adams and Councilmember Stafford to participate in this matter by drawing their names out of a box. Councilmember Belforte and Mayor Callinan re-stated that they reside within 500' of the golf course. Mayor Callinan left the dais at 7:51 p.m. and Vice Mayor Mackenzie assumed the gavel. 3. City Manager Jenkins presented the item. Recommended Action: Direction regarding a Tenant requested capital investment on the City owned Foxtail Golf Course for bunker renovation and irrigation pump replacement. City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 7 of 8 PUBLIC COMMENT: Tom Bugbe, on behalf of the Tenant, spoke in support of the bunker renovations and summer NCAA schedule. He informed that if there is no confirmation that the bunkers will be redone, Foxtail might not be considered as a location for the tournaments. He further commented on the project and answered questions by the Council. Mayor Callinan, as a member of the public, was allowed to comment on how his residence is personally affected and spoke in favor of the item. ACTION: By consensus (Councilmember Belforte and Mayor Callinan did not participate), Council concurred with the staff recommendation to amend the golf course lease providing for an advance to the Golf Capital Improvement Fund for the purposes of renovating the remaining bunkers on the North and South Courses and of replacing an irrigation pump on the same terms as requested by the Tenant. Mayor Callinan returned to the dais at 8:10 p.m. and reassumed the gavel. 9. COMMITTEE / LIAISON/ OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: 1. Chamber of Commerce (Board of Directors Meeting) (2/18) Councilmember Stafford reported on the meeting. 2. Rohnert Park-Cotati Library Advisory Board Meeting (2/18) Councilmember Adams reported on the meeting. C. Outside Agency Reports: 1. Mayors and Councilmembers’ Association of Sonoma County Legislative Committee (2/21) Vice Mayor Mackenzie reported on the meeting. 2. Health Action Special Meeting Councilmember Adams indicated there was nothing to report. 3. Santa Rosa Plain Groundwater Sustainability Agency Board of Directors (2/13) Councilmember Stafford reported on the meeting. D. Other Reports: Councilmember Adams reported on the Ad Hoc Homeless Committee Meeting (2/25) and stated that there was a discussion regarding a response to the RV’s at Walmart and the Committee is looking for permanent supportive housing and will be soliciting proposal for services to be ready for the upcoming budged season. City of Rohnert Park Joint Regular Meeting Agenda for City Council February 25, 2020 RPFA/CDC Successor Agency Page 8 of 8 10. COMMUNICATIONS Vice Mayor Mackenzie commented that he and Councilmember Adams attended the Bark after Dark event and indicated it was a successful event with Pat Carrigan from KSRO acting as the EMCEE. 11. MATTERS FROMIFOR COUNCIL Mayor Callinan asked council if they would like staff to bring back a presentation regarding the Zero Waste Sonoma Model Ordinance Re: disposable serve ware at the next council meeting- all councilmembers agreed. 12. PUBLIC COMMENTS None 13. ADJOURNMENT Mayor Callinan adjourned the joint regular meeting at 8:15 p.m. - r Sylvia Lopez CuWas, Assistantiry Clerk Josephrf. Callinan, Mayor City of Rohnert Park City of Rohnert Park