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2013/03/25 City Council Agenda j\1ission Statement "We Co/'efi)/' OU/' Residellts hy Wo/'king Togethe/' to Build 0 Bette/' COII/1II1Illitl'fi)/' Todoy olld TOII/o/'/'ow. " City of Rohnert Park. 130 Avram Avenue. Rohnert Park, California 94928 PHONE: (707) 588-2227+ FAX: (707) 792-1876 . WEB: www.rpcitv.org ROHNERT PARK CITY COUNCIL SPECIAL MEETING NOTICE AND AGENDA NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING will be held on Monday, March 25, 2013 at 6:00 p.m. MEETING LOCATION: CITY HALL - COUNCIL CHAMBER 130 Avram Avenue, Rohnert Park, California The Rohnert Park City Council welcomes your attendancc, interest and participation at its regular city meetings scheduled on the second and fourth Tuesdays of each month at 5:00 p.m. in the Council Chamber. City CouncillRPFA agendas and minutes may be viewed at the City's website: ',:Y.:\VW.llKilY,QIg. PUBLIC HEARINGS: Council 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 of the City of Rohnert Park in court, you may be limited to raising only those issues you or someone else 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 bter 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 ~ 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. PUBLIC COMMENTS: Provides an opportunity for public comment on items not listed on the agenda, or on agenda items if unable to comment at the scheduled time (limited to three minutes per appearance and a 30 minute total time limit, or allocation of time determined by Presiding Of Ticer based on number of speaker cards submitted). PLEASE FILL OUT A SPEAKER CARD PRIOR TO SPEAKING ANNOUNCEMENT: Please turn off all pagers, cellular telephones and all other communication devices upon entering the Council Chamber. Use of these devices causes electrical interference with the sound recording and TV broadcast systems. 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 at City Hall located at 130 !\vram Avenue. during regular business hours, Monday through Friday from 8:00 am to 5:00 pm. Any writings or documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council rcgmding any itcm on this agenda after the agenda has been distributed will also be made available for inspcction at City Hall during regular business hours. City of Rohnert Park Special Meeting Agenda for Ci(v Council March 25, 2013 Page 2 of3 1. CITY COUNCIL SPECIAL MEETING - CALL TO ORDER/ROLL CALL (Ahanotu_ Belforte_ Mackenzie_ Callinan_ Stafford_) 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING APPEAL OF PLANNING COMMISSION CERTIFICATION OF THE REVISED FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND APPROVAL OF THE SITE PLAN AND ARCHITECTURAL REVIEW AND SIGN PROGRAM APPLICATIONS FOR WALMART STORE EXPANSION PROJECT Cons ider Two Appeals Challengi ng the Plann ing COI11I11 ission' s Certi fication 0 f the Revised Final EIR and approval of the Site Plan and Architectural Review and Sign Program Applications RECOMMENDED ACTION: Staff recommends City Council take the following actions: I) Consider and approve the request of the applicant to recirculate the portions of the Draft EIR that were revised in response to the trial court decision and direct staff to recirculate those revised portions of the Draft: EIR; and 2) Adopt Resolution 2013-049 to (1) rescind and set aside the action by the Planning Commission on January 24, 2013 to certify the Revised Final EIR, adopt the Mitigation Monitoring Program and Statement of Overriding Considerations, and approve the Site Plan, Architectural Review and Sign Program for the Walmart Expansion project and remand the project application back to the Planning Commission for action upon completion of the recirculation of the revised portions of the Draft EIR and completion of the Final EIR; and (2) deny the appeals as recirculation of the revised portions of the Draft EIR negates the need to consider further and the appeals are therefore moot. A. Staff Report B. Public Comment C. Resolutions for Adoption: 1. 2013-049 Setting Aside and Rescinding the Planning COI11I11 ission' s Decisions on January 24, 2013 to Certify the Revised Final Environmental Impact Report and Accompanying Documents Approve a Site Plan, Architectural Review, and Sign Program for a Walmart Expansion Located at 4625 Redwood Drive, Rohnert Park, CA; and Denying Appeals of the Planning Commission's Decisions as Moot a. Council motion/discussion/vote 4. PUBLIC COMMENTS Persons wishing 10 address the Council on City business not listed on the Agenda may do so at this tinle. Each speaker will be a!lofted three minutes. I1wse wishing to address the Council on any report itelll listed on Ihe Agenda should submit a "Speaker Cord" 10 the City Clerk before announcement of that agenda item. City of Rohne,"t Park Special Meeting Agenda for Cizv Council March 25, 2013 Page 3 of3 5. ADJOURNMENT NOTE: Time shown for any particular matter on the agenda is an estimate only. Matters may be eonsidered 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 diseussion by the Couneil which appears on this agenda, after receiving recognition from the Mayor, pI case walk to the rostrum and state your name and address for the record. Any item raised by a member of the publie vvhich 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 emergeney 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 determinc if it is an emergency item under said Government Code and may take action thereon. DISABLED ACCOMMODATION: If you have a disability which requires an interpreter or other person to assist you while attending this City Councilllleeting, please contact the City Clerk's Office at (707) 588- 2227 at least 72 hours prior to the meeting to ensure arrangements for accommodation by the City. Please notify the City Clerk's Office as soon as possible if you have a visual impairment requiring meeting materials to be produced in another format (Braille, audio-tape, etc,) CERTIFICATION OF POSTING OF AGENDA I, JoAnne Buergler, City Clerk for the City of Rohnert Park, deelare that the foregoing agenda for the Mareh 25, 2013, Speeial Meeting of the Rohnert Park City Counei I was posted and available for review on Mareh 21, 2013, at Rohnert Park City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The agenda is also available on the City web site at )vww,rpcitv,org, JExeCll~~d this 2151 day of Mareh 2013, at Rohnert Park, Cali fornia. ....... f)LL~__...(J~,j()1}/2l!J,--~"J: f2 A -.;_ / Anne M. Buerg1er, City Clerk ~-"'.