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2006/07/25 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission Rohnert Park Financing Authority July 25, 2006 Tuesday 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 commencing at 6:00 p.m. at the Rohnert Park City Hall, 6750. Commerce Boulevard, Rohnert Park, with Mayor Smith presiding_ REGULAR SESSION: Call to Order: Mayor Smith called the Regular Session to order at 6:00 p.m. Roll Call: Breeze (arrived *�'z4- —.m for Regular Session), Flores, Mackenzie, Vidak - Martinez, Smith - CORRECTION made at 8/08/06 Council meeting by Councilmember Breeze. (Deletion lined out /Addition underlined) Staff present for all or part of the Regular Session: City Manager Donley, City Attorney Kenyon, Assistant City Manager Schwarz, Director of Community Development Bendorff, Housing and Redevelopment Project Manager Ellena, Director of Public Works /City Engineer Jenkins, and Videographer Beltz. CLOSED SESSION: Council adjourned to Closed Session to consider Litigation Matters. REGULAR SESSION: Council reconvened Regular Session at 6:24 p.m. and Lindsey Pedroncelli; 7"' grade student, Creekside Middle School, led the Pledge of Allegiance. Mayor Smith PRESENTED Lindsey with a pen and a card. L MAYOR'S REPORT ON CLOSED SESSION: Mayor Smith indicated that there was no reportable action from the Closed Session. 2. SCHEDULED APPEARANCES /PRESENTATIONS: 1. Jette Selberg, Community Services Officer, Department of Public Safety regarding National Night Out: Officer Selberg explained the event to be held on August 15t, and she introduced McGruff the Crime Dog. 2. Mayor's Presentation of Resolution Proclaiming Tuesday, August 1, 2006 as "National Night Out" to Community Services Officer Jette Selberg: Mayor Smith READ AND PRESENTED the resolution to Officer Selberg. City of Rohnert Park CONCURRENT MEETINGS Minutes (2) July 25 2006 for City Council/Community Development Commission /Rohnert Park Financing Authority 3. Curt Chiarelli, Rohnert Park resident, requesting the City Council to consider an initiative on the November 7, 2006 ballot to initiate impeachment proceedings against U.S. President George W. Bush: Mr_ Chiarelli explained his initiative, and he SUBMITTED a copy of the Articles of Impeachment to Mayor Smith. 3. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: 1. Don Hendrickson, 7468 Madera Place, was recognized and explained to Council a way for the City to raise revenue by showing that it has the ability to make a certain financial investment. He SUBMITTED four informational packets to Council and requested a meeting with staff for the first week in August. �F:F�9: ��xx k9: �; ; r; Fx�x: FxxxF�xYkY; Fxxxxicicxxxxxxxxxicxx9c�x *4cxxF� k�; xF *�F;F�9c k;F;Fx� *9cFx;F;F;F� 4. CONSENT CALENDAR: Mayor Smith asked if there were any questions about matters on the Consent Calendar. A. Approval of City Council Portion of Concurrent Meeting Minutes for: Regular Concurrent City Meetings - July 11, 2006 B. Approval of Bills /Demands for Payment concurrently for: City of Rohnert Park/City Council in the amount of $2,482,108.69 C_ Accepting Cash/investments Report for Month End, May 31, 2006 for: City of Rohnert Park/City Council D. Resolutions for Adoption 2006 -195 Authorizing a Job Description for Human Resources Technician, Reclassification of a Secretary Position in Human Resources and Approving the Addition of One, Regular Part -Time Human Resources Technician Position 2006 -196 Approving Amendment Number Six to the Agreement for Services with Jones & Stokes Regarding the Environmental Impact Report for the University District Specific Plan 2006 -197 Authorizing the Submission of an Application for a Targeted Rubberized Asphalt Concrete Incentive Grant from the California Integrated Waste Management Board 2006 -198 Approving Task Order 2006 -05 with Winzler & Kelly for the Martin Avenue Storm Drain Project, City Project No. 2006 -03 2006 -199 Approving the Master Agreement for Professional Services with Winzler and Kelly Consulting Engineers 2006 -200 Calling for Sealed Bids for Legal Classified Advertising Contract for the City of Rohnert Park 2006 -201 Rejecting the Claim of Laurel E. Lindsey (re. injuries from fall on alleged uneven City sidewalk) Upon MOTION by Councilmember Flores, seconded by Councilmember Mackenzie, and UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar was ADOPTED. ��9; �Fk*: F9 ;x:��c��Fkkx:Fk�9c�c�crxickx9: k�: x* kxxx�xkkxxk�c :ti:9:9:�:x��xk�x�:9:9: kk:t:Y�:�F�:F:Y��9:�F�F�c��::F� City of Rohnert Park CONCURRENT MEETINGS Minutes (3) July 25 2006 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority 5. COPELAND CREEK APARTMENTS AFFORDABLE UNITS — UPDATE: Staff Report: Housing and Redevelopment Project Manager Ellena reviewed the contents of the Staff Report and responded to Council questions and comments. Representatives from The Reliant Group (TRG), Joe Sherman, President, and Chris Porter, Director of Acquisitions, reviewed the contents of a Power Point presentation regarding the new ownership and plans for the Copeland Creek Apartments property. Mr. Sherman and Mr. Porter responded to Council questions and comments. 2. Public Comments: a. June Bradford, 101 Enterprise Drive, was recognized and stated that she has been unable to obtain a copy of TRG's Power Point presentation upon request. She also noted that she will have to move, and she expressed concern about the 60 -days' notice. b. Kriste Taylor, 101 Enterprise Drive, No. 118, was recognized and expressed various concerns about the interviews, including the time it takes to gather documents and the time it takes to find out if one qualifies to stay at Copeland Creek. She also expressed dismay at the treatment of the residents by the interviewers and the lack of privacy related thereto. c. Jennifer Kramer, 101 Enterprise Drive, No. 121, was recognized and noted that she is disabled and has not been able to sleep as a result of her pending interview. d. Coni McGloyd, 101 Enterprise Drive, was recognized and indicated that while she applauds TRG's plans for the property, she has serious concerns about identity theft as a result of the interviews. She expressed a desire to see security put in place. e. Jim Powell, 101 Enterprise drive, No. 104, was recognized and expressed concerns about the privacy of the documents being faxed in the interviews and about the six -month lease residents are being forced to sign. f. Pat Cassinelli, 101 Enterprise Drive, No. 131, was recognized and expressed concern at the length of the interviews and the additional documents that the interviewers were requesting during the interview. She also expressed concerns about the new ownership's responses to elderly residents who make inquiries at the office, and she noted that the meeting at the Senior Center on July 14th was out of control. g. Charlotte Maples, 101 Enterprise Drive, No. 54, was recognized and stated that meeting on July 14`h at the Senior Center was out of control. She also noted that residents do not know when the 60 days' notice begins and that TRG's offer of $500 to defray moving expenses does not go very far. h. William "Mike" Hepsley, 101 Enterprise Drive, was recognized and stated that the improvements that TRG is planning to make to the property are actually improvements that are being done to satisfy City requirements. He asked for Council's assistance in protecting the close community at Copeland Creek Apartments. i. David Montgomery, 101 Enterprise Drive, was recognized and indicated that he has lived in .Copeland Creek Apartments for nine months. He noted that he was never informed of the plans to sell the property, and he stated that many of the City's most financially and emotionally vulnerable are being adversely affected by this transition to new ownership. City of Rohnert Park CONCURRENT MEETINGS Minutes (4) July 25 2006 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority Rick Klingbeil, 101 Enterprise Drive, was recognized and expressed concern that the City should have looked into the sale of Copeland Creek Apartments more closely. He urged Council to get involved in the events going on at Copeland Creek concerning the new ownership. k. Don Persico, 101.Enterprise Drive, was recognized and stated how difficult it has been to find a new place, noting that TRG's offer of $500 does not go very far. He suggested a sliding scale be used to calculate appropriate reimbursement for moving expenses. Council discussion /direction /action: Councilmember Breeze asked staff to clarify the fact that the City did not have the ability to approve the sale of Copeland Creek Apartments. City Attorney Kenyon stated that the City only had. the authority to approve the issuance of the bonds related to the sale of the property. Councilmember Breeze stated that she personally understands how difficult it is to move, and she suggested that Council consider some type of financial relief to the residents who must move such as was offered to the residents of Sonoma Grove. She further suggested that the new property owners have a greater role in assisting in the relocation process. Councilmember Flores reiterated that the sale of Copeland Creek was a private transaction. He made the following suggestions to TRG: have representatives present at all meetings, increase the privacy of the interviews, increase the period to a 75 -day notice, delay the start of the 75 -day notice as long as possible, and provide financial assistance immediately to those who must move. Councilmember Mackenzie suggested a cooling -off period and a 90 -day notice. He also recommended that TRG increase the privacy of the interviews, and he noted that improvements to the property are for the benefit of the residents. Vice Mayor Vidak- Martinez recommended increased professionalism on TRG's part, improvements in maintaining the .confidentiality of the residents' financial documents, better communication between TRG and the residents, and a 90 -day notice period. Mayor Smith reiterated that Council did not approve the sale of the property. He stated that while Council strongly supports affordable housing, he is distressed by the fact that residents will have to move. Council CONCURRED to direct staff (1) to review financial relief models such as the Sonoma County Adult & Youth Development (SCAYD) assistance that was offered to Sonoma Grove residents, and (2) to AGENDIZE a progress report on Copeland Creek Apartments for a Council meeting in the near future. They further concurred to make the following recommendations to TRG staff. (1) Be more clear on the time extensions and deadlines; (2) Improve communications with the residents; (3) Improve the privacy of the interviews; (4) .Make the offer of $500 at the time the person is aware they have to move, not as a reimbursement. 6. PLANNING AND ZONING /COMMUNITY DEVELOPMENT MATTERS: University District Specific Plan - Consideration of adoption of ordinances pertaining to applications for an approximately 297 acre site that is generally located on each side of Hinebaugh Creek, east of the current City limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland Creek (APN 045- 253 -007, 045- 253 -009 through —012, 045- 253 -018, 045- 262 -001 through -004, 047 - 131 -019, and 047 -131 -024 through -027) as follows: 1) Prezoning to Specific Plan (S -P) and Public /Institutional (P -I) Districts *; 2) Development Agreement; . 3) Annexation of property to the City of Rohnert Park.* * The prezoning to P -I and the annexation would also include the 39 -acre Creekside Middle School site. City of Rohnert Park CONCURRENT MEETINGS Minutes (5) July 25 2006 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority a. Staff Report: Director of Community Development Bendorff reviewed the contents of the Staff Report and responded to Council questions and comments. b. Public Comments: 1. Dawna Gallagher, 5025 Country Club Drive, was recognized and urged the Council to do a legitimate Water Supply Assessment (WSA) according to the parameters of SB610, noting that the City's current case regarding its WSA cannot be appealed. She also expressed concern that the City is not disclosing the outcome of said lawsuit for which taxpayer money was used. 2. Shawn Gross], Sonoma County, was recognized and asked Council to delay annexation of the University District until a complete WSA is done. 3. Steven Kostka, Bingham McCutchen, was recognized and requested that the City proceed with the second reading of the University District Specific Plan ordinances because of the presumption of validity of the City's WSA due to the appeal, which effectively suspends the court's order. c. Ordinances for Adoption: 1. Waive Further Reading and Adopt Ordinance,by reading title: No. 759 Prezoning property located on each side of Hinebaugh Creek, east of the current City limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland Creek (APN 045- 253 -007, 045 -253- 009 through —012, portion of 045- 253 -018, 045- 262 -001 through -004, 047 -131 -019, and 047 - 131 -024 through -027) to Specific Plan District (SP) A MOTION was made by Councilmember Flores, seconded by Councilmember Breeze, to adopt Ordinance No. 759. Under discussion, Councilmember Breeze stated that she is comfortable that Council has received appropriate legal advice. Councilmember Flores noted that Council has been well informed by Ms. Cooper regarding possible courses of action per legal matters. Vice Mayor Vidak- Martinez reiterated that Council has adequate legal opinion that allows them to proceed. Mayor Smith stated that he will be following the advice of City Attorney Kenyon. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 759 was ADOPTED BY ROLL CALL VOTE. 2. Waive Further Reading and Adopt Ordinance by reading title: No. 760 Prezoning property located on the east side of Snyder Lane, north of Hinebaugh Creek (APN 045- 253 -014, 045- 253417, and portion of APN 045 -253 -018) to Public/Institutional District (P -I) Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, and UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 760 was ADOPTED BY ROLL CALL VOTE. City of Rohnert Park CONCURRENT MEETINGS Minutes (6) July 25 2006 for City CoundtlCommunity Development Commission/Rohnert Park Financing Authority 3. Waive Further Reading and Adopt Ordinance by Reading Title: No. 761 Approving a Development Agreement for a Specific Plan for the University District on property located on, each side of Hinebaugh Creek, east of the current City limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of. Copeland Creek (APN 045- 262 -001 through -004, 047 - 131 -019, and 047 - 131 -024 through -027) Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, and UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 761 was ADOPTED BY ROLL CALL VOTE. RECESS/RECONVENE: Mayor Smith declared a break at 8:15 p.m. Council reconvened at 8:25 p.m. with all Councilmembers present. Corridor Concept Plans for Commerce Blvd. /Southwest Blvd. /State Farm Drive - Request for Proposals - Consideration of authorizing Staff to distribute Request for Proposals for the Commerce Blvd. /Southwest Blvd. /State Farm Drive Corridor Concept Plans: a. Staff Report: Director of Community Development Bendorff reviewed the contents of the Staff Report and responded to Council questions and comments. b. Public Comments: None. c. Council discussion /direction /action: Councilmember Breeze commended aspects of the Request for Proposals, including the objectives of visual appeal, pedestrian comfort, redevelopment of unutilized properties, public art, and the establishment of neighborhood- focused businesses. Councilmember Flores suggested that Southwest Boulevard should be the priority, followed by Commerce Boulevard and State Farm Drive respectively. Councilmember Mackenzie concurred with Councilmember Flores' suggested priorities. Vice Mayor Vidak- Martinez commended the City for being pro- active on this matter, and she suggested the Project Objectives should help create a sense of place in the City by developing distinct destinations. Mayor Smith expressed a desire to learn more about.staff's plans for the City's sign on Commerce Boulevard. 7. SONOMA COUNTY OPEN SPACE DISTRICT TAX ITEM: Mayor Smith discussed this item with Council. Councilmember Mackenzie explained his support for the organization, Friends of Sonoma County Open Space and Clean Water. He SUBMITTED to Council information regarding said ballot measure. Council discussion /direction /action: Council discussion concluded with a MOTION by Vice. Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, to endorse the Open Space District ballot measure with a letter over the Mayor's signature.. Said motion was UNANIMOUSLY APPROVED. Councilmember Mackenzie requested that said letter of endorsement be sent or faxed to the Friends of Sonoma County Open Space and Clean Water. City of Rohnert Park CONCURRENT MEETINGS Minutes (7) July 25 2006 for City Council/Community Development Commission/Rohnert Park Financing Authority 8. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Golf Course Subcommittee Meeting, 7/12/06: Per staff advice, Mayor Smith recused himself from this report at 8:40 p.m. Councilmembers Breeze and Flores discussed the physical condition of the courses, the decrease industry-wide in play, and concern over CourseCo's note. They noted that their next meeting will be on Monday. Mayor Smith returned to the Chambers at 8:45 p.m. 2. Old Adobe Development Services (OADS) Birthday Party, 7/12/06: Mayor Smith noted his attendance at said event. 3. Enrobing Ceremony of Arthur Andrew Wick as a Judge of Sonoma County Superior Court, 7/13/06: Mayor Smith commented on the addition of Honorable Judge Wick to the Superior Court bench. 4. Mayors' & Councilmembers' Assn. General Membership Mtg, 7/13/06: Mayor Smith thanked Sonoma Mountain Village and its representatives for hosting the meeting. 5. Climate Protection Everybody Profits II Meeting: Councilmember Mackenzie noted his attendance at said event and provided a brief report on plans for Climate Protection III. 6. Cotati's 14`h Annual Kids Day Parade & Festival, 7/15/06: Mayor Smith noted his attendance at said event. 7. Library Advisory Board Mtg., 7/18/06: Mayor Smith briefly reported on the meeting, and he expressed a desire for a resolution honoring the Friends of the Library group. 8. Santa Rosa Plain Conservation Strategy Implementation Committee /California Tiger Salamander (CTS), 7/19/06 mtg.: Councilmember Mackenzie signified his attendance at said meeting, noting that work is progressing slowly. 9. Moonlighters - Big Band Dance, 7/19/06: Mayor Smith noted his attendance at said event. 10. Community Choice Power: The Solution to California's Energy & Climate Crisis: At the suggestion of Mayor Smith, Council CONCURRED to invite said group, represented by Daniel Solnit, Director, to come speak at a future Council meeting. Council further concurred to invite Ann Hancock from the Climate Protection Campaign and a representative from PG &E to said presentation as well. 11. Russian River Watershed Assn., 7/20/06 mtg.: Councilmember Mackenzie briefly reported on said meeting. 12. Mayor's Business Outreach Visit: Mayor Smith briefly reported on his outreach visits to the O'Dell Printing on 7/18/06 and. to Safety Kleen on 7/20/06. 13. Other informational reports, if any: a. Kitchen Kut -ups: Mayor Smith reported on a sold -out performance he attended at the Performing Arts Center. City of Rohnert Park CONCURRENT MEETINGS Minutes (8) July 25 2006 for City Council/Community Development Commission/Rohnert Park Financing Authority 9. COMMUNICATIONS: Communications per the attached outline were brought to the attention of Council. No communications were raised at this time. 10. MATTERS FROM/FOR COUNCIL: 1. Training Opportunity at Sonoma State University (SSU) Workshop: Vice Mayor Vidak- Martinez DISTRIBUTED brochures to Council about a workshop entitled, "The Psychology of Disaster," regarding emergency preparedness and the role of elected/appointed officials in working with the public. Council discussion /direction /action: At the suggestion of Vice Mayor Vidak- Martinez, Council CONCURRED (1) to allow her to attend said workshop and to report back to Council. Council further concurred (2) to add Sonoma State University and Santa Rosa Junior College to its List of Approved Conferences and Conventions per the City's Policy of Reimbursement for Official Duties. 2. Schedule of Events and Meetings: Document provided to Council in the agenda packet. Councilmember Mackenzie stated that he will be out of town from August. 3rd -10`h and therefore will not be present for the August 8`h Council meeting. 3. City Council Agenda Forecast: Document provided to Council in the agenda packet. 4. Other informational items, if any: a. Skateboard Park: Councilmember Breeze inquired if Council could do anything to assist the citizens interested in a skateboard park. Vice Mayor Vidak- Martinez noted that such a park is suggested for the Northeast Specific Plan, and Assistant City Manager Schwarz stated that the Parks, Recreation and Open Space Committee (PROS) will be making a presentation to Council regarding that topic at the August 22 "d City Council meeting. 11. CITY MANAGER'S /CITY ATTORNEY'S REPORTS: 1. Mobile Home Park Utility Rates: City Manager Donley reviewed the contents of the Staff Report and responded to Council questions and comments. 2. Workforce Housing Reward Program Award: City Manager Donley reviewed the contents of the Staff Report. 3. Legislative Update: Assistant City Manager Schwarz provided a brief oral report touching on matters related to Proposition 9 and AB 1368. 4. Other informational items, if any: a. U.S. Conference of Mayors: City Manager Donley explained this item, and Council CONCURRED not to subscribe to the U.S. Conference of Mayors publication, but rather to use the money for organizations, conferences and/or training that would more directly benefit the City. City of Rohnert Park CONCURRENT MEETINGS Minutes (9) July 25 2006 for City CounciUCommunity Development Commission/Rohnert Park Financing Authority b. August 8`h City Council meeting: City Manager Donley stated that Assistant City Manager Schwarz will be sitting in his place for the next Council meeting as he will be attending a redevelopment meeting. 12. PUBLIC COMMENTS: Mayor Smith invited members of the public interested in speaking to come forward. No members of the public responded. ADJOURNMENT: Mayor Smith declared a recess of the City Council meeting at 9:12 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 MINUTES Tuesday, July 25, 2006 Call to Order: 9:12 p.m. Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith Also present: Executive Director Donley, General Counsel Kenyon and Recorder Leonard Unscheduled public appearances: None. 1. CONSENT CALENDAR 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: July 11, 2006 2. Approval of CDC Bills /Demands for Payment in the amount of $39,310.80 3. Accepting CDC Cash/Investments Report for Month Ending, May 31, 2006 4. CDC Resolutions for Adoption: 2006 -16 Referring the Proposed Third Amendment to the Redevelopment Plan for the Rohnert Park Redevelopment Project to the Planning Commission of the City of Rohnert Park for Report and Recommendation . Upon MOTION by Commissioner Mackenzie, seconded by Commissioner Flores, and UNANIMOUSLY APPROVED, reading was waived and the CDC Consent Calendar, as outlined in the agenda, was approved. City of Rolhnert Park CONCURRENT MEETINGS Minutes (10) July 25 2006 for City CounciWommunity Development Commission/Rohnert Park Financing Authority 2. ADJOURNMENT: There being no further business, Chairperson Smith adjourned the CDC meeting at 9:12 p.m. ROHNERT PARK FINANCING AUTHORITY AGENDA Tuesday, July 25, 2006 Call to Order: 9:13 p.m. Roll Call: Breeze, Flores, Mackenzie, Vidak - Martinez, Smith Also present: Executive Director Donley, General Counsel Kenyon and Recorder Leonard Unscheduled public appearances: None. I. CONSENT CALENDAR: Chairperson Smith asked the Members if there were any questions about matters on the RPFA Consent Calendar. No matters were raised. 1. Approval of RPFA Portion of Concurrent City Meeting Minutes for: July 11, 2006 2. Accepting RPFA Cash/Investments Report for Month Ending: May 31, 2006 A MOTION was made by Member Flores, seconded by Vice Chair Vidak- Martinez, 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 9:13 p.m. (Atat—y-Monard Certified Shorthand Reporter . C.S.R. 11599 Mayor City of Rohnert Park