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2021/07/06 City Council Agenda Packet"We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow." ROHNERT PARK CITY COUNCIL SPECIAL MEETING Tuesday, July 6, 2021 Open Session: 5:00 PM *COVID-19 NOTICE* Consistent with Executive Orders No. Order No. N-08-21 from the Executive Department of the State of California, the City Council Meeting will not be physically open to the public. City Councilmembers will be teleconferencing into the meeting via Zoom Video Communications software. How to observe the Meeting: To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting on Cable Channel 26 or by visiting meeting central on our website https://www.rpcity.org/city_hall/city_council/meeting_central How to submit Public Comment: Members of the public may provide public comment by sending comments to the Clerk by email at publiccomment@rpcity.org Comments are requested by 3:00 p.m. on the day of the meeting, but can be emailed until the close of the Agenda Item for which the comment is submitted. Email comments must identify the Agenda Item Number in the subject line of the email and should be a maximum of 350 words, which corresponds to approximately 3 minutes of speaking time. The comments will be read for the record, with a maximum allowance of 30 minutes of total public comments, subject to the Mayor’s discretion. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read for the record or considered in connection with the agenda item. American Disability Act Accommodations: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources City Council/RPFA agendas and minutes may be viewed at the City's website: www.rpcity.org . PUBLIC HEARINGS: Council/RPFA may discuss and/or take action on any or all of the items listed on this agenda. If you challenge decisions of the City Council or 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 1.CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL (Adams_____Linares_____Stafford_____Elward_____Giudice_____) 2.REGULAR ITEMS 2.A Consider Adoption of a Resolution Requesting Consolidation of the Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf A. Staff Report B. Public Comment C. Resolution for Adoption: Resolution 2021-083 Requesting Consolidation of the Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf D. Council motion/roll call vote (Adams_____Linares_____Stafford_____Elward_____Giudice_____) Item 2.A. Supplemental 3.ADJOURNMENT 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 Section 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. CITY COUNCIL STRATEGIC PRIORITIES: On January 26, 2021, the Rohnert Park City Council adopted ten strategic priorities for 2021 (listed below in no particular order): a.Navigating through COVID-19 f.Labor negotiations b.Climate change g.General Plan update c.Police/community relations and accountability h.Infrastructure, maintenance and beautification d.Services for unhoused people i.Make progress on the downtown e.Financial health j.Attract housing at all levels 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, please refer to page 1 for more details on submitting a public comment. 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. AGENDA REPORTS & DOCUMENTS: Electronic 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 on https://www.rpcity.org/city_hall/city_council/meeting_central. 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 on our website following the meeting. DISABLED ACCOMMODATION: Any member of the public who needs accommodations should email the ADA Coordinator at vperrault@rpcity.org or by calling 707-588-2221. The ADA Coordinator will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Information about reasonable accommodations is available on the City website at https://www.rpcity.org/city_hall/departments/human_resources/a_d_a_and_accessibility_resources CERTIFICATION OF POSTING OF AGENDA I, Elizabeth Machado, Deputy City Clerk, for the City of Rohnert Park, declare that the foregoing agenda was posted and available for review on July 2, 2021, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at www.rpcity.org. Executed this 2nd day of July, 2021at Rohnert Park, California. Elizabeth Machado Office of the City Clerk Supplemental Item 2.A. Meeting Date: July 6, 2021 Department: Administration Submitted By: Sylvia Lopez Cuevas, City Clerk Prepared By: Elizabeth Machado, Deputy City Clerk Agenda Title: Consider Adoption of a Resolution Requesting Consolidation of the Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf RECOMMENDED ACTION: Adopt a Resolution Requesting Consolidation of the Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf. BACKGROUND: On June 8, 2021, the City Council adopted Resolution 2021-065 Calling For A Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks; Requesting Consolidation with the District Attorney Recall Election to be held on September 14, 2021; Requiring Preparation of an Impartial Analysis; and Establishing Requirements Regarding Ballot Arguments. On June 28, 2021, SB 152 was signed by the Governor which codified Elections Code 1605(f) and included provisions that allow a local government entity that previously called a special local election to consolidate that election with a gubernatorial recall election if all the following conditions are met: •The special local election was called prior to June 15, 2021. •The original date on which the special local election was called is not more than 30 days before and not more than 30 days after the date of the gubernatorial recall election. •The call to consolidate the special local election with the gubernatorial recall election is issued within four days from the date of issuance of the Lieutenant Governor’s proclamation calling a gubernatorial recall election. On July 1, 2021, Lieutenant Governor Eleni Kounalakis announced the gubernatorial recall election will be held on September 14, 2021. Mission Statement “We Care for Our Residents by Working Together to Build a Better Community for Today and Tomorrow.” CITY OF ROHNERT PARK CITY COUNCIL AGENDA REPORT 2 ANALYSIS: The City’s special election for Ordinance 954 does meet all of the provisions for consolidation with the gubernatorial recall election to be held on September 14, 2021 pursuant to Elections Code 1605(f). The County has indicated that the City’s consolidation of its special election with the gubernatorial recall election will result in cost savings to the City. Further, the County indicated that Elections Code 1605’s four day window for local election consolidation refers to business days, rather than calendar days. The Lieutenant Governor announced the gubernatorial recall election date on July 1 so July 6 is the last business day for the City to comply with the new statutory regulations. The proposed consolidation with the statewide election does not alter the original date of the referendum election, so deadlines for submission of ballot arguments and rebuttals remain unchanged. The Sonoma County Registrar of Voters will be asking the Board of Supervisors to pass a resolution to consolidate the Sonoma County District Attorney Recall Election and the Rohnert Park referendum election with the California Gubernatorial Recall Election at their special meeting on July 6. Due to the potential cost savings, staff is requesting Council adopt a resolution to consolidate with the California Gubernatorial Recall Election to meet the requirement of consolidating within four days as required by the provisions in Elections Code 1605(f). STRATEGIC PLAN ALIGNMENT: The proposed action aligns with “Strategic Plan Goal C: Ensure the effective delivery of public services.” OPTIONS CONSIDERED: Staff recommends adopting the resolution as it will result in cost savings to the City. No other options were considered. FISCAL IMPACT/FUNDING SOURCE: This action will lead to cost savings to the City. Department Head Approval Date: N/A Finance Director Approval Date: N/A City Attorney Approval Date: 7/6/2021 City Manager Approval Date: 7/6/2021 Attachments: 1. Resolution Requesting Consolidation of the Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, with the Gubernatorial Recall Election to be held on September 14, 2021 and Directing the Sonoma County Registrar of Voters to Conduct the Election on the City’s Behalf RESOLUTION NO. 2021-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REQUESTING CONSOLIDATION OF THE SPECIAL ELECTION REGARDING ORDINANCE NO. 954, AN ORDINANCE OF THE CITY COUNCIL OF ROHNERT PARK REPEALING AND REPLACING CHAPTER 9.49 OF THE ROHNERT PARK MUNICIPAL CODE TO PROHIBIT THE SALE AND USE OF FIREWORKS, WITH THE GUBERNATORIAL RECALL ELECTION TO BE HELD ON SEPTEMBER 14, 2021 AND DIRECTING THE SONOMA COUNTY REGISTRAR OF VOTERS TO CONDUCT THE ELECTION ON THE CITY’S BEHALF WHEREAS, the City Council of the City of Rohnert Park on April 27, 2021 adopted Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks; and WHEREAS, a petition for referendum was timely filed with the City Clerk and signed by more than ten percent (10%) of the registered voters of the city; and WHEREAS, the City Clerk, as elections official for the City, conducted a review of the petition, and following verification of signatures provided by the Sonoma County Registrar Office of Voters, ascertained that the petition is signed by the requisite number of voters and certified the sufficiency of the petition to the City Council on May 25, 2021; and WHEREAS, the City Council is authorized by Elections Code section 9241 to submit the proposed ordinance to the voters, and on May 25, 2021 directed that the matter be submitted to voters at a special election consolidated with the Recall Special Election of the Sonoma County District Attorney to be held on September 14, 2021; and WHEREAS, the City Council on June 8, 2021 adopted Resolution No. 2021-065 Calling For A Special Election Regarding Ordinance No. 954, an Ordinance of the City Council of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks; Requesting Consolidation with the District Attorney Recall Election to be held on September 14, 2021; Requiring Preparation of an Impartial Analysis; and Establishing Requirements Regarding Ballot Arguments; and WHEREAS, Lieutenant Governor Eleni Kounalakis issued a proclamation ordering the California Gubernatorial Recall Election be held on September 14, 2021 and pursuant to Elections Code sec. 1605(f)(3), a city may consolidate their local election with the recall election if (1) the special local election was called prior to June 15, 2021; (2) the original date on which the special local election was called is not more than 30 days before and not more than 30 days after the date of the gubernatorial recall election; and (3) the call to consolidate the special local election with the gubernatorial recall election is issued within four days from the date of issuance of the Lieutenant Governor’s proclamation; and WHEREAS, consolidation of the local special election and the gubernatorial election does not alter the date of the election, thus deadlines for submission of ballot arguments and rebuttals remains unchanged; and Resolution 2021-083 2 WHEREAS, consistent with the requirements of Elections Code section 1605(f)(3), the City Council desires to consolidate the local special election with the gubernatorial recall election on Tuesday, September 14, 2020. NOW, THEREFORE, the City Council of the City of Rohnert Park does resolve, declare, determine and order as follows: Section 1. Call for Election and Ballot Question Language. Pursuant to California Elections Code Section 9241, there is called and ordered to be held in the City of Rohnert Park, California, on Tuesday September 14, 2021, a Special Municipal Election for the purpose of submitting the following ordinance for vote: Shall Ordinance No. 954, An Ordinance of the City Council of the City of Rohnert Park Repealing and Replacing Chapter 9.49 of the Rohnert Park Municipal Code to Prohibit the Sale and Use of Fireworks, be adopted? YES NO This measure shall be designated by letter by the Sonoma County Registrar of Voters. Section 2. Submission of Ordinance to Voters. The City Council hereby approves the submission of Ordinance No. 954 to the voters of the City at the September 14, 2021 election. If a majority of qualified electors shall vote in favor of the Ordinance, it shall be deemed enacted and shall read as provided in Exhibit “A”. Section 3. Request to Consolidate and Conduct Election and Canvass Returns. (a)Pursuant to Elections Code sections 10400 et seq. and section 1605(f)(3), the Board of Supervisors of the County of Sonoma is hereby requested to consent and agree to the consolidation of a special election with the gubernatorial recall election on Tuesday, September 14, 2021, for the purpose of submitting a measure to the voters. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Election Code 10418. (b)The election on the measure set forth in Section 1 shall be held and conducted, the voters canvassed and returns made, and the results ascertained and determined as provided for herein. In all particulars, the election shall be held in accordance with the Elections Code of the State of California. (c)In accordance with California Elections Code 10002, the City of Rohnert Park requests that the Board of Supervisors of the County of Sonoma permits the Registrar of Voters Office to render such election services, prepare all required notices and election materials of holding of the municipal election, to give all such required notices and send to the City’s registered voters all required election materials, conduct the special municipal election and canvass the vote received, and take all steps necessary and required for the holding of this election within the City of Rohnert Park. The County Registrar of Voters of Sonoma County is Resolution 2021-083 3 authorized to specify the location for the tally of ballots and certify the results to the City Council of the City of Rohnert Park. (d)The County of Sonoma is requested to procure and furnish any and all official ballots, notices, printed matter and all supplies equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4. Notice of Election. The notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 5. Notice of Measure. In accordance with Section 12111 of the Elections Code, the City Clerk is hereby authorized and directed to cause notice of the measure to be published once in a newspaper of general circulation, printed, published, and circulated in the City of Rohnert Park. The City Clerk may request that the County of Sonoma Elections Department prepare and publish the required notice. Section 6. Appropriation of Necessary Funds. The City of Rohnert Park recognizes that additional costs will be incurred by the County by reason of this special election and agrees to reimburse the County for any costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City’s cost of placing the measure on the election ballot. Section 7. Time for Election. The polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. Services of City Clerk. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of Sonoma on or before June 18, 2021 and enter this resolution into the book of original resolutions. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the ordinance or measure shall be made available to any voter upon request. Section 9. CEQA Review. This action is not a project subject to review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(3), and is further exempt pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment DULY AND REGULARLY ADOPTED this 6th day of July, 2021. Resolution 2021-083 4 CITY OF ROHNERT PARK ____________________________________ Gerard Giudice, Mayor ATTEST: ______________________________ Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A- Ordinance 954 ADAMS: _________LINARES: _________ STAFFORD: _________ ELWARD: _________ GIUDICE: _________ AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( )