CITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR:

City Council

Community Development Commission

Rohnert Park Financing Authority

October 24, 2006

Tuesday

 Commission of Fire Engine 9982

Fire Engine 9982 was commissioned on site at the City Hall parking lot with Department of Public Safety staff, all Councilmembers, and City Manager Donley present. Councilmembers returned to the Council chambers for commencement of the Regular Session meeting.

The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community Development Commission and the Rohnert Park Financing Authority met this date in Regular Session for a meeting to commence at 6:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Smith presiding.

Call to Order: Mayor Smith called the meeting to order at 6:09 p.m.

Roll Call: Breeze, Flores, Mackenzie, Vidak-Martinez, Smith 

Staff present for all or part of the Regular Session: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Housing and Redevelopment Project Manager Ellena, Senior Planner Rich, and Videographer Beltz.

CLOSED SESSION:

Mayor Smith adjourned Council to Closed Session at 6:09 p.m. to consider Anticipated Litigation.

REGULAR SESSION:

Mayor Smith reconvened the Regular Session at 6:25 p.m.

PLEDGE OF ALLEGIANCE:

 Nick Savio, Student at Evergreen Elementary School, led the Pledge of Allegiance. Mayor Smith PRESENTED Nick with a card.

MOMENT OF SILENCE:

 In Memory of Rand Link, Former Sonoma State University Student Advisor, Council, staff and the audience observed a Moment of Silence.

1. MAYOR’S REPORT ON CLOSED SESSION:

 Mayor Smith indicated that there was no reportable action from the Closed Session.

2. SCHEDULED APPEARANCES/PRESENTATIONS:

1. United Way “Day of Caring” Rehabilitation of Community Development Commission-Owned Homes for the Committee on the Shelterless (COTS) Transition Housing Program: Housing and Redevelopment Project Manager Ellena introduced the Executive Director of COTS, who shared brief comments. Roger Kirkpatrick, also of COTS, came forward and acknowledged the efforts of several people in the “Day of Caring” event. In particular, he PRESENTED Mary Wilson of Agilent with a framed collage of the event in recognition of Agilent’s large crew of volunteers for the “Day of Caring.”

2. Suzanne Sanders regarding the need for a skate park in Rohnert Park: Ms. Sanders invited Councilmembers to refer to small items from brown bags PRESENTED to them by two young skateboarders. Ms. Sanders then DISTRIBUTED AND REVIEWED the contents of a multi-document packet via a Power Point presentation. She urged Council to build a skate park for the growing number of skateboarders in town. She reviewed existing City parks as potential sites, and she suggested Council use grant and foundation money for the construction of the skate park. She also introduced City of Willits Public Works Director David Madrigal,who reviewed the pros and cons of a community skate park. Councilmembers reviewed the history of efforts to build a skate park in town. Council discussion concluded with CONCURRENCE that Ms. Sanders and other skate park supporters make their presentation to the Parks, Recreation and Open Space Committee (PROS), with the specific suggestion that they go to the City’s parks and present specific ideas for an interim solution to the Parks and Recreation Commission for future Council consideration. Furthermore, Vice Mayor Vidak-Martinez clarified how federal law trumps local law in terms of why a casino may be built in Rohnert Park.

3. Lynne Conde and guests Kathy Ficco, Director of St. Joseph’s Dental Care, and Brenda Walker, Patelco, regarding Dental Care Access for Rohnert Park/Cotati: Nurses Nora Valle and John Hurley, along with Kathy Ficco from St. Joseph’s Dental Care, DISTRIBUTED AND REVIEWED the contents of a Power Point presentation regarding (1) current oral health problems among local children and adults and (2) the benefits of the St. Joseph Health Mobile Dental Clinic. Brenda Walker of Patelco noted Patelco’s support for said mobile clinic. Ms. Conde DISTRIBUTED AND REVIEWED a document calling for Council support of community water fluoridation, an increase in community resources, support of a school ordinance promoting oral health programs, and development of a central oral-health information center. Council discussion concluded with Council CONCURRENCE on the following matters: (1) Request for a staff report back on fluoridation of the City’s water, with directions for the Water Subcommittee to look into this issue, and a suggestion that the City use the Sonoma County Public Health officer; (2) Request for a staff report back on how the City might secure the services of the St. Joseph Health Mobile Dental Clinic; (3) Directions for staff to disseminate oral health information on the City’s Web site; (4) Directions for staff to apprise the School District of its steps in this matter of dental care access.

3. SSU STUDENT REPORT:

Sonoma State University Associated Students, Inc. by Whitney Diver, Legislative Representative: Ms. Diver DISTRIBUTED copies of The Star to Council, and she reported on matters including midterms, the Voter Registration Drive, feedback for the University Center, and the passing of Rand Link, former SSU Student Advisor.

4. UNSCHEDULED PUBLIC APPEARANCES/COMMENTS:

1.  Richard Bray, 1054 Camino Coronado, was recognized and SUBMITTED a letter and photos of how his home has been the target of graffiti for years. He called for Council to address the graffiti problem in that general area by scheduling regular maintenance, repainting the vandalized properties in matching paint tones, increasing police patrols during school start and finish times, and installing a security gate in the area, as well as a fence along the pathway to Copeland Creek’s edges and a traffic camera on the south side of the street. Councilmember Breeze suggested that staff consider investing in the graffiti-resistant paint to address this problem. Mayor Smith requested that City Manager Donley direct staff to look into graffiti matters in this area.

5. C O N S E N T C A L E N D A R

Mayor Smith asked if there were any questions about matters on the Consent Calendar. Councilmembers signified that there were no questions. 

 A. Approval of City Council Portion of Concurrent Meeting Minutes for: 

Regular Meeting - October 10, 2006

 B. Approval of Bills/Demands for Payment concurrently for:

City of Rohnert Park/City Council in the amount of $998,059.79

 C. Accepting Cash/Investments Reports for:

Final Report for Fiscal Year Ending June 30, 2006, and Month Ending July 31, 2006 – DEFERRED

 D. Resolutions for Adoption:

 2006-253 Authorizing and Approving a Lease Agreement with Neighbors Organized Against Hunger (NOAH) Food Bank for Use of City Facilities

 2006-254 Authorizing and Approving the First Amended Cooperative Agreement Between and Among the Sonoma County Water Agency, the County of Sonoma, the Cities of Cotati, Rohnert Park, Santa Rosa, and Sebastopol, the Town of Windsor, and Cal American Water Company to Provide Funding and Support Information for the Santa Rosa Plain Groundwater Study

 2006-255  Authorizing and Approving Amendment No. 3 to Task Order 2004-14 with Winzler & Kelly Consulting Engineers for Supplemental Engineering Services Associated with the Eastside Trunk Sewer Project, City Project No. 2004-05

Upon MOTION by Councilmember Flores, seconded by Councilmember Breeze, and UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar was ADOPTED AS OUTLINED.

6. CITY HALL RELOCATION PHASE I (BUILDING PAD GRADING) – AWARD OF CONTRACT: DEFERRED

Consideration of this award of contract for bid opening on Monday, October 23, 2006:

 1. Staff Report: Mayor Smith stated that said item has been DEFERRED to the next Council meeting per staff recommendation.

 2. Public Comments: DEFERRED

 3. Resolution for Adoption: 

  2006-___ Awarding the Contract for the City Hall Relocation Project, Phase I (Building Pad Grading), City Project No. 2004-33

 Item DEFERRED.

7. PLANNING AND ZONING/COMMUNITY DEVELOPMENT MATTERS:

1. Condominium Conversions Moratorium Extension - Consideration of Adoption of Urgency Ordinance (by a four-fifths vote of the City Council) Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007, (Rohnert Park Municipal Code Section 17.07.020(HH) regulates condominium conversions in the City):

  a. Staff Report: Housing and Redevelopment Project Manager Ellena reviewed the contents of the Staff Report and responded to Council questions and comments. Mayor Smith requested further information from staff regarding verification of the adequacy of the five-percent number used in the ordinance.

  b. PUBLIC HEARING: Mayor Smith opened the Public Hearing at 7:53 p.m. There being no members of the public interested in speaking on this matter, Mayor Smith closed the Public Hearing at 7:53 p.m.

   c. Waive Further Reading and Adopt Urgency Ordinance by Reading Title:

  No. 768  Urgency Ordinance Continuing a Moratorium Upon Condominium Conversions From October 24, 2006 Through and Including September 8, 2007

A MOTION was made by Councilmember Mackenzie, seconded by Councilmember Flores, to adopt Urgency Ordinance No. 768. Under discussion, Councilmember Breeze expressed her support for the ordinance as a means to preserve an adequate supply or rental units for the City. Councilmember Flores emphasized that there is a significant portion of the local population that needs affordable housing. Councilmember Mackenzie called for staff to carefully review the five-percent vacancy rate for rental units as noted in the Staff Report. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Urgency Ordinance No. 768 was ADOPTED BY ROLL CALL VOTE.

 2. Tree Preservation and Protection - Consideration of Introduction of Ordinance Amending Rohnert Park Municipal Code, Chapter 12.24 (Public Tree Care) of Title 12 - Streets and Sidewalks, and Chapters 17.04 (Definitions) and 17.15 (Tree Preservation and Protection) of Title 17 - Zoning (File Number PL2006-031MC):

  a. Staff Report: Senior Planner Rich reviewed the contents of the Staff Report via a Power Point presentation. She noted one amendment to Section 17.15.030 (b), No. 5, stating that “Breath of Heaven” should be amended to read “Tree of Heaven.” Staff responded to Council questions and comments. Councilmember Mackenzie requested further information from staff on replacement issues regarding developers and trees, and Mayor Smith requested further information regarding recommendations for appropriate tree species for the local area.

  b. PUBLIC HEARING: Mayor Smith opened the Public Hearing at 8:35 p.m. There being no members of the public interested in speaking on this matter, Mayor Smith closed the Public Hearing at 8:35 p.m.

  c. Waive Further Reading and Introduce Ordinance by Reading Title:

  No. 769  Amending Chapter 12.24 (Public Tree Care) and Title 17 (Zoning Ordinance) of the Rohnert Park Municipal Code to Address Tree Preservation and Protection

A MOTION was made by Councilmember Flores, seconded by Councilmember Mackenzie, to introduce Ordinance No. 769. Council and staff discussion concluded with CONCURRENCE on three notable amendments: (1) Section 17.15.0300(B)(5), “Breath of Heaven” shall be amended to read “Tree of Heaven”; (2) Section 17.15.050(C), a subsection D shall be added with language to the effect that the exact type of replacement tree shall include Liquid Amber and Monterey Pine; (3) Section 17.15.070(C)(2), sentence shall be amended to read, “A remodel, repair or addition of a single family residence on a developed lot.” Furthermore, Councilmembers expressed concern about Section 17.15.030(B)(7) regarding trees on fully developed lots in an RL (Low Density Residential) zoning district. Staff agreed to come back with recommendations on that matter for Council to consider. Under discussion, Councilmember Breeze expressed concerns about infringing on the rights of private property owners. She suggested that, despite the ordinance, some homeowners may choose not to obtain the required permits, and she recommended that Council, one, encourage homeowners to plant appropriate trees in their yards and, two, consider the possibility of starting a fund for trees. Councilmember Flores suggested that the City Arborist provide a list of suitable and unsuitable trees for the local habitat. Councilmember Mackenzie recommended that staff carefully define the minimal qualifications for the position of City Arborist. Vice Mayor Vidak-Martinez discussed reasons for having staff exempt this ordinance at the residential level. She also called for the City to partnership with the jail industries regarding trees, and she suggested that Lombardi poplars and Eucalyptus trees be added to the exempt list. Mayor Smith recommended that staff report back with a method of surveying the City’s inventory of trees on building sites, as well as a list of heritage trees. Furthermore, Council agreed that a review of said ordinance shall take place in one year’s time. After the motion, which was APPROVED 3-2, AS AMENDED, with Vice Mayor Vidak-Martinez and Councilmember Breeze dissenting, reading was waived and Ordinance No. 769 was INTRODUCED BY ROLL CALL VOTE.

ADJOURNMENT: Mayor Smith adjourned the City Council meeting at 9:00 p.m. to consecutively and separately CONVENE the meetings of the Community Development Commission and the Rohnert Park Financing Authority.

COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF ROHNERT PARK

AGENDA

Tuesday, October 24, 2006

Call to Order: 9:00 p.m.

Roll Call: Breeze, Flores, Mackenzie, Vidak-Martinez, Smith

Also present: Executive Director Donley, Executive Assistant Director Schwarz, General Counsel

  Kenyon, Housing and Redevelopment Project Manager Ellena and Recorder Leonard

Unscheduled public appearances: None.

 1. C O N S E N T C A L E N D A R:

 Chairperson Smith asked the Commissioners if there were any questions about matters on the CDC Consent Calendar. No matters were raised.

 1. Approval of CDC Portion of Concurrent City Meeting Minutes for:

  Regular Meeting - October 10, 2006

 2. Approval of CDC Bills/Demands for Payment in the amount of $20,756.03

 3. Accepting CDC Cash/Investments Reports for:

  Final Report for Fiscal Year Ending June 30, 2006, and Month Ending July 31,

 2006 - DEFERRED

Upon MOTION by Vice Chair Vidak-Martinez, seconded by Commissioner Breeze, and UNANIMOUSLY APPROVED, reading was waived and the CDC Consent Calendar, as outlined in the agenda, was approved. 

 2. SONOMA MOUNTAIN BUSINESS CLUSTER LOAN AGREEMENT:

 Consideration of approval:

 1. Staff Report: Housing and Redevelopment Project Manager Ellena reviewed the contents of the Staff Report. Jerry Gladstone of Sonoma Mountain Village Business Cluster shared a Power Point presentation regarding aspects of the Business Incubator. Vice Chair Vidak-Martinez requested copies of said presentation for Council.

 2. Public Comments: None.

 3. CDC Resolution for Adoption:

  2006-29 Approving a Loan Agreement with Sonoma Mountain Village Business Cluster

A MOTION was made by Commissioner Mackenzie, seconded by Commissioner Flores, to approve CDC Resolution 2006-29. Under discussion, Commissioner Flores commended Sonoma Mountain Village representatives for their efforts to create opportunities for partnerships and jobs with the future business incubator. Commissioner Mackenzie congratulated the Business Cluster group for its commitment to medical technology and sustainable resources. Vice Chair Vidak-Martinez called attention to the various opportunities the Business Cluster will create. Chairperson Smith requested semi-annual reports on the status of the Business Cluster. The Commission DIRECTED STAFF to report back on the possibility of having a Commissioner/Councilmember sit on the Business Cluster’s Advisory Board, as suggested in the presentation. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and CDC Resolution 2006-29 was ADOPTED.

 3. CALIFORNIA REDEVELOPMENT ASSOCIATION (CRA) 2006 REGIONAL BRIEFING: 

Commission discussion/direction: Housing and Redevelopment Project Manager Ellena summarized the Staff Report for the Commission.

4. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the CDC meeting at 9:27 p.m.

ROHNERT PARK FINANCING AUTHORITY

AGENDA

Tuesday, October 24, 2006

Call to Order: 9:27 p.m.

Roll Call: Breeze, Flores, Mackenzie, Vidak-Martinez, Smith

Also present: Executive Director Donley, Executive Assistant Director Schwarz, General Counsel

  Kenyon, Housing and Redevelopment Project Manager Ellena and Recorder Leonard

Unscheduled public appearances: None.

 1. C O N S E N T C A L E N D A R:

 Chairperson Smith asked the Members if there were any questions about matters on the CDC Consent Calendar. No matters were raised.

 1. Approval of RPFA Portion of Concurrent City Meeting Minutes for:

   Regular Meeting - October 10, 2006

 2. Accepting RPFA Cash/Investments Report for:

 Final Report for Fiscal Year Ending June 30, 2006, and Month Ending July 31,

 2006 – DEFERRED

A MOTION was made by Vice Chair Vidak-Martinez, seconded by Member Breeze, to approve the RPFA Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY APPROVED.

2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the Meeting of the RPFA at 9:27 p.m.

RECONVENE CITY COUNCIL REGULAR MEETING:

Mayor Smith reconvened the Regular City Council meeting at 9:27 p.m.

 8. REVIEW OF GRAFFITI ISSUES IN ROHNERT PARK:

 Report on current issues relating to graffiti in Rohnert Park and staff efforts to reduce/abate graffiti problems:

 1. Staff Report: Assistant City Manager Schwarz DISTRIBUTED a document about the types of graffiti, and he reviewed the contents of a Power Point presentation for the Staff Report. He also responded to Council questions and comments.

 2.  Council discussion/direction: Councilmembers discussed various aspects of the graffiti issue, including the seriousness of gang tags, murals and artistic tagging, the need to work closely with the schools on this matter, the investment in graffiti-resistant paint, stricter penalties for graffiti, the possibilities of camera surveillance and a hotline, the need to collect more data on this issue, the use of community service, and the cost for the City to staff the problems that stem from graffiti.

RECESS: Mayor Smith declared a recess at 10:00 p.m.

RECONVENE: Mayor Smith reconvened Council at 10:05 p.m. with all Councilmembers present.

­­ 9. COUNCIL COMMITTEE AND/OR OTHER REPORTS:

 1. Bridging the Town/Gown Divide, 10/12/06: Mayor Smith noted that he, as well as City Manager Donley and Assistant City Manager Schwarz attended said event.

 2. Fiji Day Celebration, 10/13/06: Mayor Smith showed Council the garland and whale’s tooth he was presented, which he will provide to the City for appropriate display. Councilmembers discussed the Parks and Recreation matters related to the large number of people in attendance at said event.

 3. Economic Development Subcommittee, 10/13/06 mtg.: Vice Mayor Vidak-Martinez and Councilmember Flores updated Council on the City’s Economic Development Strategic Plan.

 4. Sonoma County Transportation Authority (SCTA), 10/16/06 mtg.: Councilmember Mackenzie briefly updated Council on Proposition 1-B matters.

 5. Santa Rosa Plain Conservation Strategy Implementation Committee, Implementation Options Workshop, 10/18/06: Councilmember Mackenzie noted his attendance at said meeting.

 6. Sonoma County Waste Management Agency, 10/18/06 mtg.: Mayor Smith noted his attendance at said event.

 7. California Home Builders Association, City Managers Night, 10/18/06: Mayor Smith and City Manager Donley commented on said event.

 8. Tribal Subcommittee, 10/20/06 mtg.: Mayor Smith and Vice Mayor Vidak-Martinez provided Council a brief update on the status of the Tribe’s environmental efforts.

 9. 4-H Achievement Night, 10/21/06: Mayor Smith noted his attendance at said event.

 10. Sonoma Mountain Village Business Incubator, 10/24/06: Mayor Smith noted his attendance at this event to turn on the largest private solar system in California.

 11. Other informational reports, if any:

  a. League of California Cities: Councilmember Mackenzie noted that he was asked and he accepted the position of Vice Chair of the League of California Cities Environmental Quality Committee. 

b. Water Subcommitee and Creeks Subcommittee mtg. tomorrow: Councilmember Mackenzie noted said meeting and SHARED photos of Cook Creek with Council.

c. Russian River Watershed Council: Councilmember Mackenzie noted his attendance at last Sunday’s meeting. He stated that the next meeting will be November 6^th. He also noted that the Water Advisory Committee will meet November 3^rd.

d. Acquisition Plan Subcommittee community matching grant program: Councilmemver Mackenzie noted that there will be a workshop in January 2007.

 e. New tennis court surfaces at M Park: Noted by Councilmember Mackenzie.

 f. American Sympony performance at Spreckels: Councilmember Mackenzie noted his attendance at said performance.

 g. Housing Methodology Committee meeting last Thursday: Councilmember Mackenzie stated that he will submit data regarding the new housing numbers.

 h. Latin Jazz program: Vice Mayor Vidak-Martinez noted her attendance at said

 performance.

 i. Library Advisory Board meeting, 10/17: Mayor Smith provided a brief report.

 j. “Betrayal” play at Spreckels: Mayor Smith noted his attendance at said event.

 k. Larry Simons: Council CONCURRED with the suggestion of Mayor Smith that Mr. Simons be acknowledged at the next Council meeting as an Honorary Citizen of Rohnert Park.

10. COMMUNICATIONS:

Councilmember Flores called attention to the following communication:

 a. M Park regarding Fiji Day Celebration: Thanks to Public Works for getting the park back in top condition.

 Mayor Smith called attention to the following communications:

 a. Letter to Public Works Director Jenkins re Sonoma State’s request for increased sewer capacity.

 b. Large baseball tournament coming to Rohnert Park next year.

 c. School Resource Officer John Gilson acknowledged by Carl Wong.

 d. Sonoma County at 59-percent recycling rate.

11. MATTERS FROM/FOR COUNCIL:

 1. Mayor’s 10/15/06 article in Sacramento Bee regarding retiree benefits: Mayor Smith referred Council to said article.

 2. Schedule of Events and Meetings: Document provided to Council in the agenda packets. City Manager Donley clarified that the Magnolia Park Tennis Court Resurfacing Dedication Ceremony will be Thursday, October 26, at 5:45 p.m. Mayor Smith noted that Veterans’ Day is November 11^th and that staff is working closely with the Community Band and the Boy Scouts on plans for said holiday.

 3. City Council Agenda Forecast: Document provided to Council in the agenda packet.

  4.  Other informational items, if any: None.

12. CITY MANAGER’S/CITY ATTORNEY’S REPORTS:

 1. Assistant City Manager appointed by Municipal Managers Association of Northern  California to League of California Cities Committee on Housing, Community, and Economic Development: City Manager Donley acknowledged Assistant City Manager Schwarz’ appointment.

 2. Other informational items, if any: None.

13. Public Comments:

Mayor Smith invited members of the public interested in speaking to come forward. No members of the public responded.

ADJOURNMENT: There being no further business, Mayor Smith adjourned the Meeting of the City Council at 10:40 p.m.

___________________________________________ ___________________________________________

 Katy Leonard  Tim Smith

 Certified Shorthand Reporter   Mayor

  C.S.R. 11599  City of Rohnert Park