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2006/05/23 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETING MINUTES FOR: City Council Community Development Commission SPECIAL JOINT MEETING and ROHNERT PARK CITY COUNCIL SPECIAL MEETING May 23, 2006 Tuesday CITY COUNCIL AND CDC SPECIAL JOINT MEETING: The Concurrent Meetings of the City of Rohnert Park for the City Council and the Community Development Commission took place this date in a Special Joint Meeting commencing 4:00 p.m. at the Rohnert Park City Hall, 6750 Commerce Boulevard, Rohnert Park, with Mayor Smith presiding. . Call to Order: Mayor Smith called the Regular Session to order at 4:02 p.m. Roll Call: Breeze, Flores, Mackenzie, Vidak- Martinez, Smith Staff present for all or part of the Special Joint Meeting: 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. 1. PLEDGE OF ALLEGIANCE: Joshua Sanders, Student, Monte Vista Elementary School, led the Pledge of Allegiance. Mayor Smith PRESENTED Joshua with a card and a pen. MOMENT OF SILENCE: Mayor Smith declared a Moment of Silence for Mr. Adolf Moret, a member of Saint Elizabeth Seton Parish and a Tuskegee Airman, who passed away Sunday, May 21' 2006. 2. UNSCHEDULED PUBLIC APPEARANCES /COMMENTS: No members of the public came forward to comment. 3. CDC 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: Regular Meeting — May 9, 2006 2. Approval of CDC Bills/Demands for Payment in the amount of $24,176.89 City of Rohnert Park CONCURRENT MEETINGS Minutes (2) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 3. Acceptance of information received on Timing and Procedures for Adoption of an Amendment to the Redevelopment Plan for the Rohnert Park Redevelopment Project A MOTION was made by Vice Chair Vidak- Martinez, seconded by Commissioner Flores, to approve the Consent Calendar as outlined in the agenda. Said motion was UNANIMOUSLY APPROVED. 4. VIDA NUEVA AFFORDABLE FAMILY HOUSING PROJECT MATTERS: 1. Cooperation, Reimbursement and Purchase & Sale Agreement - City & CDC consideration of Cooperation, Reimbursement, and Purchase and Sale Agreement for the acquisition of 705 Rohnert Park Expressway (Assessor's Parcel Numbers 143- 391 -053 and -054): a. Staff Report: Housing and Redevelopment Project Manager Ellena explained the Staff Report and responded to Council questions and comments. Manager Ellena called forward the following representatives to share information about the project and to respond to Council questions and comments: John Records, Executive Director of Committee on the Shelterless (COTS); Roger Kirkpartick, Vida Nueva; John Morgan, Project Manager for Burbank Housing; and Margo Warnecke- Merck, Community Housing Development Corporation of Santa Rosa. b. Public Comments: None. c. City Resolution for Adoption: 2006 -129 Approving a Cooperation, Reimbursement, and Purchase and Sale Agreement with the Community Development Commission of the City of Rohnert Park for the Acquisition of Property Located at 705 Rohnert Park Expressway (Assessor's Parcel Numbers 143 - 391 -053 and -054) and Authorizing the City Manager to Execute the Agreement Council motion /discussion /vote: A MOTION was made by Vice -Mayor Vidak Martinez, seconded by Councilmember Mackenzie, to adopt City Resolution 2006 -129. Under discussion, Vice -Mayor Vidak- Martinez explained how this resolution represents a safety net targeting primarily single mothers and allowing their children to stay with them. She. expressed a desire to see more projects such as this one. Councilmember Breeze discussed how this project can be a model for other similar projects in the community, and she noted the fine reputations of the organizations coming together to make the project possible. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and City Resolution 2006 -129 was ADOPTED. d. CDC Resolution for Adoption: 2006 -07 Approving a Cooperation, Reimbursement, and Purchase and Sale Agreement with the City of Rohnert Park for the Acquisition of Property Located at 705 Rohnert Park Expressway (Assessor's Parcel Numbers 143 - 391 -053 and -054) and Authorizing the Executive Director to Execute the Agreement City of Rohnert Park CONCURRENT MEETINGS Minutes (3) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session Council motion /discussion/ CDC vote: A MOTION was made by Commissioner Mackenzie, seconded by Commissioner Flores, to adopt CDC Resolution 2006 -07. Under discussion, Commissioner Flores reviewed the City's partnerships with Burbank Housing and their proven record of success. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and CDC Resolution 2006 -07 was ADOPTED. 2. Affordable Housing and Loan Agreement - City & CDC consideration of Affordable Housing and Loan Agreement between CDC and Vida Nueva Partners, L.P. and making findings pursuant to California Community Redevelopment Law (Health and Safety Code Section 33433): a. Staff Report: Housing and Redevelopment Project Manager Ellena reviewed the contents, of the Staff Report and responded to Council questions and comments. b. JOINT CITY & CDC PUBLIC HEARING: Mayor Smith opened the Joint City and CDC Public Hearing at 7:46 p.m. 1. John Morgan, Project Manager for Burbank Housing, was recognized and discussed a neighborhood meeting which was held to discuss the concerns of neighbors in the area of the Vida Nueva project. He indicated that many people at the meeting indicated that they have known people who could have used the project's services, and many meeting participants shared general comments of approval. City Resolution for Adoption: 2006 -130 Approving an Affordable Housing and Loan Agreement with Vida Nueva Partners L.P. and Making Findings Required by Health and Safety Code Section 33433 Council motion /discussion /vote: Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Flores, and UNANIMOUSLY APPROVED, reading was waived and City Resolution 2006 -130 was ADOPTED. d. CDC Resolution for Adoption: 2006 -08 Approving an Affordable Housing and Loan Agreement with Vida Nueva Partners L.P. and Making Findings Required by Health and Safety Code Section 33433 CDC motion /discussion /CDC vote: A MOTION was made by Commissioner Mackenzie, seconded by Commissioner Breeze, to adopt CDC Resolution 2006 -08. Under discussion, Commissioner Mackenzie expressed a desire to see greater amounts of money set aside in the CDC to meet affordable housing needs. Commissioner Flores stated that Vida Nueva will be a model project in rebuilding the lives of 24 families in the community. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and CDC Resolution 2006 -08 was ADOPTED. : City of Rohnert Park CONCURRENT MEETINGS Minutes (4) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 3. Low and Moderate Income Housing Funds for Social Services - Consideration of committing CDC Low and Moderate Income Housing Funds for Social Services to be provided as part of the Vida Nueva Affordable Housing Project: a. Staff Report — committing to provide up the $75,000 — consistent w /5year implementation staff. Housing and Redevelopment Project Manager Ellena reviewed the contents of the Staff Report and responded to Council questions and comments. b. Presentation by Representatives of Committee on the Shelterless (COTS): Previously covered earlier in the Council meeting. c. Public Comments: None. d. CDC Resolution for Adoption: 2006 -09 Committing CDC Low and Moderate Income Housing Funds for Social Services to be Provided as Part of the Vida Nueva Affordable Housing Project CDC motion /discussion /CDC vote: Upon MOTION by Vice Chair Vidak- Martinez, seconded by Commissioner Breeze, and UNANIMOUSLY APPROVED, reading was waived and CDC Resolution 2006 -09 was ADOPTED. ADJOURNMENT: At the request of Mayor Smith, Council CONCURRED to adjourn the City Council and CDC Special Joint Session after hearing Agenda Items 6 through 13, at which time Council will adjourn to Closed Session and a Dinner Break, with the Mayor reporting back on Closed Session at the commencement of the Special City Council Session. 6. SCHEDULED APPEARANCE /PRESENTATION: 1. Mayor's Presentation of Resolution Recognizing and Honoring Lynne Morrow: Mayor Smith read and PRESENTED a plaque to Ms. Morrow, who shared brief comments. Councilmembers commended Ms. Morrow for her many accomplishments and her efforts at the Performing Arts Center. Sonoma County Adult & Youth Development's (SCAYD's) Environmental Prevention Coalition (EPC) - Annual Youth Report: Four high - school members of SCAYD recited the contents of the EPC Annual Youth Report, noting their work to prevent alcohol and tobacco use and abuse among young people. They displayed a damaged set of lungs for Council to view, and Council commended their work with. the EPC. 7. SSU STUDENT REPORT: Sonoma State University Associated Students, Inc. By Whitney Diver, Legislative Representative: Ms. Diver was not present. City of Rohnert Park CONCURRENT MEETINGS Minutes (5) May 23, 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 8. CONSENT CALENDAR: Mayor Smith asked if there were any questions about matters on the Consent Calendar. The following item was removed: Item A, Regular Concurrent City Meetings Minutes for May 9, 2006 per Vice Mayor Vidak- Martinez' recommendation. B. Approval of Bills /Demands for Payment concurrently for: City of Rohnert Park/City Council in the amount of $2,904,501.93 C. Resolutions for Adoption: 2006 -131 Endorsing 2006 Pacific Salmon Disaster Declaration and Requesting Immediate Action to Restore the Klamath River Basin 2006 -132 Establishing the Appropriations Limit for the City of Rohnert Park for the 2006 -07 Fiscal Year Pursuant to Article XIII B of the California Constitution 2006 -133 Authorizing and Approving the Agreement with Old Adobe Development Services (GADS) for Park Cleaning 2006 -134 Authorizing and Approving Purchase of Park Equipment from Ross Recreation Equipment Utilizing Pricing Negotiated by the U. S. Communities Government Purchasing Alliance 2006 -135 Authorizing and Approving an Agreement with Winzler & Kelly Consulting Engineers to Provide Engineering Services for the Development of Pedestrian - Oriented Public Improvements in the City Center Area 2006 -136 Approving an Agreement with KEMA Green Building Services Group for Additional Green Building Consulting Services for the Renovation of a New City Hall Building Located at 130 Avram Avenue 2006 -137 Award of Contract for 2006 Street Maintenance Program Slurry Seal, City Project No. 2005 -04 2006 -138 Award of Contract for the Manhole Retrofit I/I Reduction Project, City Project No. 2004 -10 2006 -139 Approval of Subdivision Agreement for Lands of Codding, Parcel Map No. 167 2006 -140 Rejecting the Claim of Lupita Rocha (alleged police action) Upon MOTION by Councilmember Flores, seconded by Councilmember Breeze, and UNANIMOUSLY APPROVED, reading was waived and the Consent Calendar, with the exception of Item A (the Regular Concurrent City Meetings Minutes of April 11, 2006), was ADOPTED. Item for Consideration: A. Approval of City Council Portion of Concurrent Meeting Minutes for: Regular Meeting - May 9, 2006 City of Rohnert Park CONCURRENT MEETINGS Minutes (6) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session Vice Mayor Vidak- Martinez referred to page 8, Agenda Item No. 12, "Communications," and she noted that the correct spelling of the Distinguished Officer of the Year is John Gilson. Upon MOTION by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, the Regular Concurrent City Meeting Minutes for May 9, 2006 were UNANIMOUSLY APPROVED AS AMENDED. 9. COMMUNITY DEVELOPMENT MATTERS: Annual Policy Review of the Growth Management Program: Director of Community Development Bendorff shared the contents of a Power Point presentation and responded to Council questions and comments. Council CONCURRED to receive and file the Annual Policy Review of the Growth Management Program. 10. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. North Coast Railroad Authority, 5/8/06: Mayor Smith noted his attendance and briefly discussed phases of the rail line from Novato to Willits. 2. Mayor's & Councilmembers' Association, 5/11/06: Mayor Smith noted his and Councilmember Mackenzie's attendance, and he noted a report on gangs, as well as the new direction of the meetings. 3. City Selection Committee, 5/11/06: Mayor Smith noted that he voted in accordance with Council's previous direction. 4. Pilipino - American Association of Rohnert Park, 5/13/06: Mayor Smith noted his attendance at said event. Sonoma County Housing Coalition - Affordable Housing Week, 5/14- 21/2006 & Kick -Off Breakfast, 5/15/06: Mayor Smith referred Council to the Coalition's Housing Progress Report 2006. 6. Water Issues Sub - Committee, 5/17/06: Councilmember Flores reported on matters regarding potable water, reclaimed water, and sediment removal from Cook Creek. He DISTRIBUTED a document with the names of the creeks in Rohnert Park. Councilmember Mackenzie reported on the recent meeting of the Creeks Master Plan Committee. Santa Rosa Plain Conservation Strategy Implementation Committee, 5/17/06: Councilmember Mackenzie indicated that the meeting was actually on the California Tiger Salamander, and he reported on the status of several groups appointed to report back on various matters regarding the California Tiger Salamander. 8. League of California Cities - Legislative Action Days, 5/17- 18/2006: Mayor Smith noted his and City Manager Donley's attendance, and he highlighted the main issues of telecommunications, housing, infrastructure and eminent domain. City of Rohnert Park CONCURRENT MEETINGS Minutes (7) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 9. Association of Monterey Council of Governments, 5/18/06: Councilmember Mackenzie noted that he spoke at said event. 10. Fishing Derby, 5/20/06: Mayor Smith noted his attendance at said event. 11. Rose Parade in Santa Rosa, 5/20/06: Mayor Smith noted his attendance at said event. 12. Other informational reports, if any: None. 11. COMMUNICATIONS: a. Sculpture at Sonoma State University: Mayor Smith encouraged the public to visit a display of student .sculpture at Sonoma State University. 12. MATTERS FROM /FOR COUNCIL: 1. AB 32 Request for Support Letter: Council discussion /direction /action: At the request of Mayor Smith, Council CONCURRED TO DIRECT STAFF to send a Letter of Support over the Mayor's signature. 2. Schedule of Events and Meetings: Document provided in agenda packet. 3. City Council Agenda Forecast: Document provided in agenda packet. 4. Other informational items, if any: None. 13. CITY MANAGER'S REPORT: Informational items, if any: City Manager Donley stated that he will be out of the office for Coast Guard training from June 2- 4, 2006. Councilmember Breeze stated that she will be out of town from May 31St through June 6`h' City Attorney Kenyon stated that she will be out of town from June 1 -13, 2006. Councilmember Mackenzie stated that he may be out of town from June 5 -12, 2006. Mayor Smith stated that he will be out of town from June 17 -25, 2006. CLOSED SESSION/ DINNER BREAK: Mayor Smith adjourned Council to Closed Session, to include the Dinner Break, at 5:32 p.m. SPECIAL CITY COUNCIL SESSION: Mayor Smith reconvened the Council at 6:17 p.m. with all Councilmembers present for the Special City Council Session. 5. MAYOR'S REPORT ON CLOSED SESSION: Mayor Smith indicated that there was no reportable action from the Closed Session. City of Rohnert Park CONCURRENT MEETINGS Minutes (8) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 14. UNSCHEDULED PUBLIC APPEARANCES: Dawna Gallagher, 5025 Country Club Drive, was recognized and expressed concern that approval of the University District ignores the City's water overdraft. She discussed reasons why the City's Water Supply Assessment (WSA) will soon be deemed illegitimate by the court. She indicated that the citizens should not have to pay for a sewer system for the project, another matter which she predicted will end up in court. She urged the Council to avoid democracy by litigation by not spending the citizens' money for a sewer system, and by not using the citizens' water as well. 15. PLANNING AND ZONING /COMMUNITY DEVELOPMENT MATTER: University District Specific Plan - Consideration of 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) Certification of a Final Environmental Impact Report; 2) Amendments to the Land Use Map and Text of the Rohnert Park General Plan concerning the subject properties; 3) Prezoning to Specific Plan (S -P) and Public /Institutional (P -I) Districts *; 4) Specific Plan/Design Guidelines for the Project; 5) Development Agreement; 6) Tentative Subdivision Maps to subdivide the property; 7) Development Area Plans for the initial phases of development; and 8) 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. a. Staff Report: Director of Community Development Bendorff advised Council, staff, applicants and members of the public that comments during the Public Hearing portion of the meeting will be taken down verbatim by the Meeting Recorder. Director Bendorff reviewed the contents of the Staff Report via a Power Point presentation, and he read a letter, ATTACHED TO THE ORIGINAL SET OF MINUTES, from Mr. Chip Worthington into the record. City Manager Donley responded that water does not flow uphill in the area of concern outlined in said letter. Council AGREED to raise their questions for staff separately under each item. At the recommendation of City Attorney Kenyon, the applicants, represented by John Ryan and Kevin Pohlson, Brookfield Homes, came forward and made brief comments reviewing beneficial aspects of the project and urging Council to move forward with the UDSP. b. PUBLIC HEARING (Continued from May 9, 2006): Mayor Smith opened the Public Hearing at 7:05 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (9) May 23, 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 1. H. R. Downs, O.W.L. Foundation, was recognized and expressed concerns about the adequacy of the City's Water Supply Assessment (WSA) which has indicated that there is enough water for the University District Specific Plan (UDSP). He urged the Council to wait until the judge rules on the WSA on May 315` before approving the UDSP. He also expressed opposition to the use of recycled water for the project. He referred to a study in Germany in 1987, as well as studies of the Po River in Italy, which have found pesticides, pharmaceuticals and illegal drugs in recycled water. He noted his concern that children in Rohnert Park will be playing on lawns irrigated with recycled water, and he encouraged the Council to take a closer look at this issue. 2. Dennis McCormack, 1432 Jasmine Circle, was recognized and expressed his support for the University District. He noted that the project will provide affordable housing so that young families and public employees can live within Rohnert Park. He encouraged Council to make some of the housing available to Sonoma State University faculty and staff so that the University does not have to build outside of the City limits. He also expressed support for small businesses and parks in the UDSP which will help reduce traffic on Rohnert Park Expressway. 3. Michael Dupar, 6644 Petaluma Hill Road, was recognized and noted that his property borders the UDSP's property that will be used for tertiary water ponds. He expressed concerns about the water quality of the tertiary ponds, the impact on the area if they were to leak, and how they may negatively affect the property values of the residences near them. He urged the Council to do a specific Environmental Impact Report (EIR) for the tertiary water ponds. 4. Bill Kortum, 180 Ely Road, Petaluma, was recognized and noted his work at Sonoma State University at the time a site was being sought for SSU. He discussed the development of a town -gown relationship between the City and SSU, and he encouraged Council to take measures in the UDSP to cut down on the use of automobiles, as well as to set aside some of the UDSP for faculty housing. He referred to SSU's plans to build faculty housing outside the City's Urban Growth Boundary, and he urged Council to consider all opportunities to develop alternative faculty housing, including Sonoma Mountain Village, the surplus school site, and the UDSP. He again encouraged Council to better develop its town -gown relationship with SSU by setting aside faculty housing in the UDSP. Mayor Smith noted that some language to this effect has been included in the Development Agreement. Upon the recommendation of City Attorney Kenyon, Mayor Smith called forward Mr. Van Logan, who wished to speak specifically during Agenda Item 15.6. 5. Van Logan, P.O. Box 249, Healdsburg, was recognized and read his May 23rd letter (distributed to Council in the agenda packet), regarding the University District Development Agreement, into the record. His letter expressed concern about Section 3.05 of the Development Agreement regarding Building Permits. He indicated that there may not be enough allotments to insure that sufficient allotments would be available each year for the Northeast and Southeast Specific Plan Areas, and he requested that City staff prepare allotment scenarios so that a fair distribution can be assured for the Northeast and Southeast Specific Plan proponents. Mayor Smith closed the Public Hearing at 7:24 p.m. City of Rohnert Park CONCURRENT MEETINGS Minutes (10) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session c. Resolutions & Ordinances for this item as follows: 1. Resolution for Adoption: 2006 -141 Certifying the Final Environmental Impact Report for the University District Specific Plan Council motion /discussion /vote: A MOTION was made by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, to adopt Resolution 2006 -141. Under discussion, City Attoreny Kenyon responded to Councilmember Breeze's inquiry about EIR reports with. specific and unavoidable impacts. .Councilmember Flores discussed aspects of the creeks, parks and roads as part of a well planned Specific Plan. Director Bendorff responded to Councilmember Mackenzie's inquiry about the extensive monitoring plan for the UDSP. City Engineer Jenkins responded to Councilmember Mackenzie's inquiries about Best Management Practices in terms of the analysis of the springs, creeks and flooding. Councilmember Mackenzie discussed the stormwater permits, and he commended the use of native plants and grasses. The water representative for the project reviewed the project's close work with the Water Quality Control Board. Councilmember Mackenzie noted his satisfaction with the mitigation measures outlined for a low - impact development. At the request of Councilmember Mackenzie, the project's traffic representative explained the traffic modeling utilized for the traffic study, the traffic plans, and the level of service anticipated for Petaluma Hill Road. Vice Mayor Vidak - Martinez reviewed the history of the City's voter- approved General Plan and how the University District has become a model project stemming from that General Plan. She noted that UDSP is exemplary in how it provides for -sale affordable housing, and she expressed opposition to subsidizing housing for SSU faculty. She also noted the applicant's participation in the City's Climate Protection Campaign, and she discussed the good working relationship the City has with the applicant. Mayor Smith stated that he is generally comfortable with this project: He noted that while water remains a critical issue, as well as traffic issues related to Petaluma Hill Road, he has received positive feedback from citizens who are pleased to have an option to purchase. affordable housing within the Rohnert Park. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -141 was ADOPTED. 2. Resolution for Adoption: 2006 -142 Approving Amendments to the Land Use Diagram and Text of the General Plan for 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, a Portion of 045- 253 -018, 045 -262- 001 through - 004, 0.45- 131 -019, and 047 - 131 -024 through -027) Council motion /discussion /vote: A MOTION was made by Councilmember Mackenzie, seconded by Councilmember Flores, to approve Resolution 2006 -142. Under discussion, Councilmember Breeze commended the open space addition for the promenade. Councilmember Flores discussed how all projects in the City have been challenged to litigation, but they have improved the quality of life in Rohnert Park nonetheless. He noted that the comprehensive WSA signifies the adequacy of the City of Rohnert Park CONCURRENT MEETINGS Minutes (11) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session aquifer in Rohnert Park. He indicated that SSU and the future Green Music Center are assets to the community, and he commented on the appropriate smart growth exemplified in the UDSP, including the parks and pedestrian and bike paths. Councilmember Mackenzie discussed the land wars of the 1990's in Rohnert Park. He reviewed mitigation measures by the applicant, and he stated that Council should adopt the UDSP with full knowledge that it does have environmental .impacts. He discussed transportation issues, and he noted that the City will be going before LAFCO in the future to mitigate the general impacts of the project. As the maker of the motion, he proposed a FRIENDLY AMENDMENT, accepted by the second, to alter /correct the language in two sentences in Exhibit A, paragraph J, section 49: 1) Strike the word "urban infill" from the following sentence, "The Project will provide much - needed urban infill housing near Sonoma State University, with convenient access to public transit and existing major arterials, promoting smart growth principles "; and 2) Correct the word "percent" to read "precedent" in the following sentence, "In addition, approval of the Project will set a percent and create a model for processing and designing other Specific Plan projects contemplated by the General Plan, making it more likely that all General Plan goals, policies and objectives will be realized." . Vice Mayor Vidak- Martinez concurred with Councilmember Mackenzie's comments. Mayor Smith referred to Exhibit A, paragraph H, section 34, noting that the City recognizes that the UDSP raises several controversial environmental issues. He indicated that Council, staff and the applicant have worked very hard to address said issues. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -142 was ADOPTED AS AMENDED. 3. Ordinance for Introduction - Waive Further Reading and Introduce 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, 045- 131 -019, and 047 - 131 -024 through -027) to Specific Plan District (SP) Council motion /discussion /roll call vote: A MOTION was made by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, to introduce Ordinance No. 759. Under discussion, Councilmember Flores stated that the annexation process has been reviewed carefully. He noted the opportunity for cooperative efforts and partnerships of local cities and organizations to enhance the traffic flow in the area. He also commented that ultimately five Specific Plans will be going before LAFCO. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 759 was INTRODUCED BY ROLL CALL VOTE. City of Rohnert Park CONCURRENT MEETINGS Minutes (12) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 4. Ordinance for Introduction - Waive Further Reading and Introduce 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- 253 -017, and portion of APN 045- 253 -018) to Public /Institutional District (P -I) Council motion /discussion /roll call vote: Upon MOTION by Councilmember Flores, seconded by Vice Mayor Vidak- Martinez, and UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 760 was INTRODUCED BY ROLL CALL VOTE. 5. Resolution for Adoption: 2006 -143 Approving a Specific Plan and Design Guidelines for properties 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, a portion of 045- 253 -018, 045- 262 -001 through -004, 045-131 - 019, and 047 - 131 -024 through -027) Council motion /discussion /vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, to adopt Resolution 2006 -143. Under discussion, Councilmember Flores commented on the need to protect and enhance the creeks in the area of the UDSP. At the suggestion of Councilmember Mackenzie, the water representative for the project, John Olaf Nelson, 'gave a synopsis of the water guidelines for the project, and he responded to Council questions and comments regarding wastewater matters, primary- treated and tertiary- treated water, and water runoff. City Engineer Jenkins shared additional comments on how the City's WSA will be updated to reflect lower water consumption by the UDSP once the project begins. Councilmember Mackenzie encouraged the applicant to build smaller houses, and Mayor Smith called for an analysis prior to reducing the size of the homes to see if said reduction in size would actually save the prospective homebuyer any money. Councilmember Mackenzie inquired of the applicant why roundabouts were not included in the project, and Director of Community Development Bendorff commented on the Design Guidelines for the project. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -143 was ADOPTED. RECESS: Mayor Smith declared a recess at 8:36 p.m. RECONVENE: Council reconvened at 8:47 p.m. with all Councilmembers present. 6. Ordinance for Introduction - Waive Further Reading and Introduce 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, 045- 131 -019, and 047 - 131 -024 through -027) City of Rohnert Park CONCURRENT MEETINGS Minutes (13) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session Council motion /discussion /roll call vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, to introduce Ordinance No. 761. Under discussion, Councilmember Breeze expressed commended various aspects of the Development Agreement, including the traffic improvement fee, the affordable housing units, the art and cultural components, and the sustainability /Green Building components. Staff responded to her inquiry about the plans for bridges, and Councilmember Mackenzie called for a third bridge between the other two bridges to increase walkability. Councilmember Flores praised the description of the project, and he commented on the commercial plaza, the construction of retention ponds, and the plans for Mello -Roos financing. At the request of Councilmember Mackenzie, City Manager Donley explained the section regarding Maintenance Annuity. Councilmember Mackenzie commended the sections regarding green guidelines and recycled water, as well as the Exhibit F map, and staff responded to his inquiries about the affordable housing plan and second units. Vice Mayor Vidak- Martinez discussed how the UDSP will set the standards for all future development in.Rohnert Park. She noted the services that will be provided to low and very-low income people, and she commented on the commercial area as a tie -in with the Green Music Center and as a gathering place for the whole city. Mayor Smith commented on staff's future work to create standards for the commercial and mixed -use buildings. He also noted that SSU employees are called out in the marketing implementation, that building materials will be source purchased in Rohnert Park, and that there will be 2000 square feet for a Public Safety station. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Ordinance No. 761 was INTRODUCED BY ROLL CALL VOTE. 7. Resolution for Adoption: 2006 -144 Approving a Tentative Map to allow the subdivision of property located south of Rohnert Park Expressway, east of the "J" Residential Section, north of Copeland Creek, and west of the Green Music Center Site (APN 047 - 131 -026 and 047 - 131 -027) Council motion /discussion /vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, to adopt Resolution 2006 -144. Under discussion, Councilmember Mackenzie commented on the soils, drainage and stormwater permitting activities, and he commended progress on the storm water management program. Mayor Smith expressed a desire to have the streets named after universities, rather than the current plan to have street names starting with I's and K's. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -144 was ADOPTED. City of Rohnert Park CONCURRENT MEETINGS Minutes (14) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session 8. Resolution for Adoption: 2006 -145 Approving a Tentative Map to allow the subdivision of property located north of Rohnert Park Expressway, east of Petaluma Hill Road, south of Keiser Avenue, and west of the Rohnert Park City Limits and the Creekside Middle School Site (APN 045 - 262 -001 through -004, 045- 131 -019, 047 - 131 -024, and 047 - 131 -025) Council motion /discussion /vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, to adopt Resolution 2006 -145. Under discussion, Councilmember Flores discussed the importance of economic vitality in terms of developing the UDSP's commercial aspects to be a benefit to the Green Music Center patrons. He also noted how the residential construction will increase the City's sales taxes as the construction materials will be source purchasing in Rohnert Park. Councilmember Mackenzie discussed the recycled water system, and he encouraged staff to utilize items that will minimize air pollution and to build into the Creek Master Plan program. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006- 145.was ADOPTED. 9. Resolution for Adoption: 2006 -146 Approving a Development Area Plan for property located south of Rohnert Park Expressway, east of the "J" Residential Section, north of Copeland Creek, and west of the Green Music Center Site (APN 047 - 131 -026 AND 047- 131 -027) Council motion /discussion /vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, to adopt Resolution 2006 -146. Under discussion, Councilmember Mackenzie referred to a number of items regarding the landscape plan, including the use of recycled water. He stated that he would like to see staff pay close attention to the details of project lighting, the use of shade trees, and the use of light- colored roofing materials. Mayor Smith indicated that he supports the installation of mature trees. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -146 was ADOPTED. 10. Resolution for Adoption: 2006 -147 Approving a Development Area Plan for property located north of Rohnert Park Expressway, east of Petaluma Hill Road, south of Hinebaugh Creek, and west of the Rohnert Park City Limits and the Creekside Middle School Site (APN 045- 262 -001 through -004, 045- 131 -019, 047 - 131 -024, and 047 - 131 -025) City of Rohnert Park CONCURRENT MEETINGS Minutes (15) May 23 2006 for City Council & Community Development Commission Special Joint Session and City Council Special Session Council motion /discussion /vote: A MOTION was made by Vice Mayor Vidak- Martinez, seconded by Councilmember Breeze, to adopt Resolution 2006 -147. Under discussion, Councilmember Flores discussed how lighting is an important component in the design of the core area. Councilmember Mackenzie discussed site improvements and emphasized the need for trees. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -147 was ADOPTED. 11. Resolution for Adoption: 2006 -148 Application by the' City Council of the City of Rohnert Park, California, to the Sonoma Local Agency Formation Commission for the Reorganization of Territory 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 -014, 045- 253 -017, 045 -253- 018, 045- 262 -001 through -004, 45- 131 -019, and 047 - 131 -024 through -027) Council motion /discussion /vote: A MOTION was made by Councilmember Flores, seconded by Councilmember Breeze, to adopt Resolution 2006 -148. Under discussion, Councilmember Flores indicated that LAFCO appreciates projects that address important environmental issues in conjunction with other municipalities. He applauded Council, staff and applicants for carefully addressing every .aspect of the UDSP. Councilmember Mackenzie noted that this project will eventually come under the scrutiny of LAFCO, which will closely examine the availability of water. He stated that the University District represents the implementation of the General Plan from its inception six years ago, and he reiterated his support for the project. Mayor Smith thanked the applicants, staff and Council for acting this evening to provide a more sustainable future for Rohnert Park. After the motion, which was UNANIMOUSLY APPROVED, reading was waived and Resolution 2006 -148 was ADOPTED. 16. 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 Special Session of the City Council at 9:40 p.m. O a' tb Leo i rd im Smith Certified Shorthand Reporter Mayor C.S.R. 11599 City of Rohnert Park CET MAY 2 3 2006 CITY OF ROHNERT PARK May 23, 2006 Dear City Council: Council: X- Miscellaneous Communications A gendaae23161, opy to: h .op to; �rl--)3/d Citizens to Enforce CEQA and a number of environmental groups and local neighbors on Heartwood Lane and in the northern area of Rohnert Park request that you not approve the University plan or any large projects in the city. If you approve this plan, our position is to protest it and to inform you that the city of Rohnert Park and /or council members may be sued. In our opinion, this project will cause flooding and we will hold the city and individual members accountable if the environment is negatively affected. The problems of inadequate water supply, flooding, destruction of our creeks, increased traffic have all been inadequately addressed with the current EIR. It is regrettable that we may be forced to go to court to modify or stop this and other huge projects you have or may be approving. Sincerely yours, GA *0111in Chip Worthington