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2000/07/11 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION July 11, 2000 Tuesday The concurrent meetings of the City of Rohnert Park for the City Council and the Community Development Commission met this date in regular session for a regular meeting commencing at 5:30 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Vidak= Martinez presiding. CALL TO ORDER: Mayor Vidak- Martinez called the regular session to order at approximately 8:17 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Reilly, Spiro; Vice Mayor Mackenzie; and Mayor Vidak- Martinez Absent: ( 0 ) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Strauss, Assistant City Manager Leivo, City Engineer Gaffney, Planning and Community Development Director Kaufman, and Public Works Manager Stephens. WORK SESSION: A work session for Fiscal Year 2000 -2001 City Budget was held at 5:30 p.m. WILFRED OVERPASS OPTION WORKSHOP: A workshop was held at 7:00 p.m. to discuss the Wilfred Overpass Options, with a presentation by Jim Smith, Cal Trans Design Engineer. 1. CLOSED SESSION: Mayor Vidak- Martinez reported on the closed session which commenced at approximately 7:30 p.m. to discuss matters listed on the agenda attachment, representing an update. She reported on the interpretation of Resolution No. 97 -167, Section 8.2D. EMERGENCY ITEM DECLARED: Upon MOTION by Councilmember Reilly, seconded by Councilmember Spiro, this item was declared an emergency due to the timing issue. City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(2 ) Upon MOTION by Vice Mayor Mackenzie, seconded by Councilmember Flores, a motion to interpret Resolution No. 97 -167, Section 8.2D to apply to any employee appointed to a key manager position after April 30, 1997, whether or not that employee is a new employee or an existing employee of the City of Rohnert Park, was unanimously APPROVED. 2. APPROVAL OF THE MINUTES - JUNE 27, 2000: Upon MOTION by Councilmember Flores, seconded by Vice Mayor Mackenzie, the minutes of June 27, 2000 were unanimously APPROVED with the noted amendment below. * Councilmember Reilly: (1) Page 11, Item 14 - requested further clarification of the voting procedures. The two paragraphs in Item 14 shall be amended to read as follows: "City Attorney Strauss explained that the three councilmembers who will be candidates in November may_ not participate in the decision on this resolution because it will have a financial impact on them; one of the three must be selected to constitute a quorum; however, that person may not vote on the resolution. Councilmembers Flores and Reilly agreed to select the Mayor to constitute a quorum. Upon MOTION by Councilmember Reilly, seconded by Councilmember Flores, a motion to adopt Resolution No. 2000 -136 calling for $268 per candidate for a 200 -word statement printed in English, was ADOPTED, with Mayor Vidak- Martinez, Vice Mayor Mackenzie and Councilmember Spiro abstaining." 3. COUNCIL COMMUNICATIONS, IF ANY (INFORMATIONAL ONLY) Mayor Vidak- Martinez asked the Councilmembers if there were any informational communications to add to the agenda. * Councilmember Spiro signified two items to add: (1) the fiber optic network put in place by the City of Ashland, Oregon; (2) the City of Los Gatos' experience in dealing with a proposed land use change for a mobilehome park. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(3 ) 4. UNSCHEDULED PUBLIC APPEARANCES: Mayor Vidak- Martinez stated that in compliance with State law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30- minute limit). 1. Tom Woodcock 195 Verde Circle, expressed his feelings on the fear and intimidation tactics used by mobilehome park owners and explained that he would fight any efforts by park owners to rezone the Rancho Verde mobilehome park and relocate its residents. 2. Debbie K. Clarkson, 510 Corte Naranja, single parent and seven -year resident of Rancho Verde, ASKED if the City Council could consider condemnation or eminent domain for Rancho Verde in the event the owner tries to rezone the land. She also raised the issues of the cutting down of large trees on the land. She informed Council of a meeting to discuss plans for Rancho Verde on Wednesday, July 19, at Rancho Verde, and she REQUESTED that any interested Councilmembers attend. 3. Jason Kercher, 6800 Commerce Boulevard, ASKED Council who would be responsible for cleaning out the man -made debris and removing the shopping carts from Copeland Creek. Mayor Vidak- Martinez REFERRED this issue to staff. 4. Robert Fleak, 157 Parque Recrero, GSMOL Rancho Grande, indicated that he would be proposing options such as overlays and eminent domain to the possible plans for Rancho Verde at the public hearing for the General Plan at the next Council meeting. He also ASKED to be kept informed on the matter of fire safety, to which the Mayor responded that she has requested the report from the Public Safety Director sooner than September. 5. Jean Phillips, 139 Garth Street, Region Manager for Golden State Mobilehome Owners' League, expressed her concern over possible plans for Rancho Verde, and she presented City Attorney Strauss with some written documentation concerning the overlay district that was set up in American Canyon. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(4 ) 5. CONSENT CALENDAR: Mayor Vidak- Martinez asked if there were any questions regarding the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Approval of Bills /Demands for Payment concurrently for: *City of Rohnert Park /City Council in the amount of $570,609.96 *Community Development Commission in the amount of $16,065.00 Resolution Nos.: 2000 -128 PROCLAIMING TUESDAY, AUGUST 1, 2000 "NATIONAL NIGHT OUT" 2000 -139 HONORING AND CONGRATULATING KENNETH R. BLACKMAN ON THE OCCASION OF HIS RETIREMENT AS CITY MANAGER OF THE CITY OF SANTA ROSA 2000 -140 AUTHORIZING THE SONOMA COUNTY WASTE MANAGEMENT AGENCY TO SUBMIT THE FUNDING REQUEST FORM TO THE DEPARTMENT OF CONSERVATION'S DIVISION OF RECYCLING AND TO IMPLEMENT A BEVERAGE CONTAINER RECYCLING PROGRAM ON ITS BEHALF 2000 -141 APPROVING AN AGREEMENT WITH WEST SONOMA COUNTY DISPOSAL SERVICE TO PROVIDE DEBRIS BOX SERVICE WITHIN THE CITY OF ROHNERT PARK Accepting City of Rohnert Park Post - Retirement Benefit Program Actuarial Valuation Report as of July 1, 1999 (Prepared by Oliver Consulting Actuarial Services) Upon MOTION by Councilmember Spiro, seconded by Vice Mayor Mackenzie, the Consent Calendar as outlined on the meeting's agenda was unanimously APPROVED. ************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 6. WATER ISSUES: Staff Report /Agency Representatives /Consultants: City Engineer Gaffney provided a brief summary of the staff report covering cost estimates, additional personnel, other water contractors, and the availability of loans and grants. Mr. John Nelson, an independent water resources consultant who prepared a meter - implementation plan for the City, and Mr. Randy *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page (5 ) Poole, General Manager of the Sonoma County Water Agency (SCWA), were on hand to respond to Council questions. Council inquiries included questions about the North Marin Water District entitlement, meter maintenance and reading, tier rates, large family and multiple- family units, and loan sources. At this time, Mayor Vidak- Martinez called forward a citizen wishing to speak on this topic. 1. John Hudson 399 Bonnie Avenue, expressed his feelings that the water agreement with SCWA would be a bad deal for the citizens of Rohnert Park for a variety of reasons: (1) special assessments and property taxes; (2) problems with mercury poisoning showing up in fish from Lake Pillsbury; (3) developers benefit from the MOU, while citizens pay with more pollution, traffic, and less open space. He also noted that any agreement with SCWA could be repealed or altered by a ballot measure. Resolution for consideration: APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR WATER SUPPLY (DURING TEMPORARY IMPAIRMENT) Upon MOTION by Councilmember Flores, seconded by Vice Mayor Mackenzie, Resolution No. 2000 -142 was APPROVED 4 -1 by roll call vote, with Councilmember Spiro dissenting. 2. Sonoma County Water Agency (SCWA) request for letter over Mayor's signature to Randy Poole, encouraging the Agency to pursue the acquisition of the Potter Valley Project should it become necessary: Upon MOTION by Councilmember Spiro, seconded by Vice Mayor Mackenzie, a motion to send a letter as outlined above to Randy Poole of the Sonoma County Water Agency from the City of Rohnert Park, was unanimously APPROVED. RECESS: Mayor Vidak- Martinez declared a recess at approximately 9:30 p.m. RECONVENE: Mayor Vidak - Martinez reconvened the Council at approximately 9:42 p.m. with all Councilmembers present. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(6 ) 7. MOBILE HOME PARK MATTER: 1. Staff Report: City Manager Netter gave the staff report regarding the proposal to amend Chapter 9.70 of the Rohnert Park Municipal code relating to the index used for the general annual adjustment. He and the City Attorney then responded to Council requests for clarification. 2. Public Comment: At this time, Mayor Vidak- Martinez asked if there were any citizens present who wished to speak on this topic. No one responded. Ordinance for introduction: AMENDING ROHNERT PARK MUNICIPAL CODE CHAPTER 9.70, MOBILEHOME ORDINANCE Upon MOTION by Councilmember Spiro, seconded by Councilmember Flores, reading was waived and Ordinance No. 658 was unanimously ADOPTED. 8. PLANNING AND ZONING MATTER: A.G. Spanos Corporation Application Submittal, Determination as to whether project is substantially the same or different than the previous application: City Attorney /Staff Report: Planning and Community Development Director Kaufman shared the contents of the staff report, citing overall differences in terms of the overall size of the project, the parking ratio, and the required discretionary approvals. She and City Attorney Strauss responded to Council questions. At this time, Mayor Vidak- Martinez called forward citizens wishing to speak on this topic: 1. Lois Lindstrom, 4507 Fairway Drive, ASKED that Council get have the developer pay for and get an Environmental Impact Report by an objective company. She noted that the traffic report has not been updated since last September and that water availability is still a major problem with this project. 2. Jim Cronin 205 Alma Avenue, expressed his objection to the Spanos Project, even with the revisions. He *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(7 ) cited current and future problems with traffic in that area, anticipated water problems facing the City, and the lack of low -cost housing. He noted that a commercial use would be better for that area. Upon MOTION by Vice Mayor Mackenzie, seconded by Councilmember Reilly, a motion to declare the Spanos Corporation's proposal dated July 5th, 2000, for a 176 -unit multi - family complex at 120 Golf Course Drive "substantially the same" as the previously denied project for 200 units, FAILED 2 -3, with Mayor Vidak- Martinez and Councilmembers Flores and Spiro dissenting. EXTEND COUNCIL MEETING: Upon MOTION by Vice Mayor Mackenzie, seconded by Councilmember Flores, a motion to extend the meeting past 10:00 p.m. to finish necessary agenda items was unanimously APPROVED. Upon MOTION by Councilmember Spiro, seconded by Councilmember Flores, a motion to declare the Spanos Corporations' Application Submittal for a 176 -unit multi - family complex at 120 Golf Course Drive "substantially different" than the previous application, was APPROVED 3 -2, with Vice Mayor Mackenzie and Councilmember Reilly dissenting. 9. COUNCIL YEAR 2000 PROJECT - MATTERS RELATED TO THE GENERAL PLAN PROCESS, IF ANY: 1. General Plan Oversight Committee update: Mayor Vidak- Martinez indicated that there was nothing new to report out since the last committee meeting. 2. INFORMATIONAL ITEM: Public Hearings for Rohnert Park Revised Draft General Plan & Environmental Impact Report (EIR) scheduled as follows: *Planning Commission meeting, 7:00 p.m., Thursday, July 13, 2000 *City Council meeting, 6:00 p.m., Tuesday, July 25, 2000 3. Other: Vice Mayor Mackenzie reported two items: (1) Measure *44"N" expired July 1st, 2000; (2) Today, the Board of Supervisors adopted Acquisition Plan 2000: Blueprint for Agriculture and Open Space Preservation. *CORRECTION ABOVE FROM 7/25/00 City Council meeting: Per Councilmember Reilly (deletion lined out /addition inserted) *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(8 ) In response to Mr. Spangenberg's remarks about the potential future plans for Rancho Verde Mobilehome Park, Council CONCURRED to DIRECT staff to come back in two weeks with some options for the designation of land on the General Plan Land Use Map; options such as overlay zoning, or the new designation of land as medium density mobilehome park, or the feasibility of a purchase program. Also, Council CONCURRED to have the Councilmembers attending the July 19th meeting in the Rancho Verde Clubhouse at 7:00 p.m. convey three matters to the residents of Rancho Verde: (1) The matter of change of land use for their mobilehome park is being taken very seriously; (2) The Council has directed staff to recommend options; and (3) The Council has inquired as to whether it can designate land use involving mobilehome parks in the act of adopting a General Plan ordinance. The Mayor agreed to convey that message as she indicated she would be attending the meeting. At this time, Mayor Vidak- Martinez called forward a citizen wishing to speak on the General Plan process. 1. Rick Savel, P O Box 227, Penngrove, Vice Chairman, Penngrove Area Plan Advisory Committee, shared new information with Council regarding the Urban Service Boundary in the southeast corner of the draft General Plan. He discussed the Bodway extension and its consistency with County General and Specific Plans, and he provided Council with a letter and a map ATTACHED to original set of minutes. He INVITED Councilmembers to attend a meeting in the Penngrove Clubhouse on Tuesday, July 18th, to discuss the various issues of water, sewage, road, and drainage as they relate to the City's General Plan. City Manager Netter indicated that City Engineer Gaffney is responding via E -mail to the requests for information from the people at Canon Manor. 10. 2000 -2001 CITY BUDGET: 1. Update from Budget Work Sessions - to date: City Manager Netter indicated that the last work session for the City Budget for Fiscal Year 2000 -2001 was held this evening at 5:30 p.m. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(9 ) 2. INFORMATIONAL ITEM: Public Hearing scheduled for Tuesday, August 8, 2000 11. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. North Bay meeting re Telecommunications: Councilmember Spiro gave a brief report on this meeting, and she indicated that City Attorney Strauss will be addressing the next Board of Directors meeting. 2. Mayors' & Councilmembers' Association - Working Group: Vice Mayor Mackenzie reported that the Association continues to discuss the serious issue of affordable housing in Sonoma County. 3. Wellness Committee: Councilmember Reilly said that there will be a meeting tomorrow, July 12th, from 11:00 a.m. to 12:00 p.m. He noted that he will not be able to attend the meeting, but that he would like it conveyed to the committee that he is still opposed to projects that have a Wellness component as opposed to a Wellness Center. 12. TRANSPORTATION MATTERS: 1. Sonoma County Transportation Authority (SCTA), 7/10 meeting: Vice Mayor Mackenzie reported out on four items from the July 10th meeting, and he SUGGESTED that future Councils consider having annual meetings with Suzanne Wilford, Executive Director of SCTA, to help keep the Council up to speed on state transportation funding matters. 2. Wilfred Overpass Options - Review Results of 7/11 Work Session: Upon MOTION by Councilmember Reilly, seconded by Councilmember Spiro, a motion to send a letter to SCTA indicating Council support to proceed with both options and noting strong Council support for Option C, was unanimously APPROVED. 3. Other: At the suggestion of Councilmember Spiro, Council CONCURRED to agendize for full Council discussion the possibility of a State Farm crossing. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(10) 13. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the City Council. * Councilmember Reilly directed Council to No. 30, "Citizens: McCord Ranch Conservation Easement." Council CONCURRED to DIRECT staff to have City Attorney Strauss take a look at the legal opinions cited in the letter and come back with a report. * Councilmember Flores directed Council to No. 14, "K. Davis /Resident: Camino Coronado and Coronado Court Traffic Concerns." City Manager Netter indicated that staff is in the process of talking to the residents of Camino Coronado about the traffic issues. * Councilmember Spiro directed Council to No. 13, "D. Williams /Youth Resident: Ideas for Youth Center and Youth Activities." Councilmember Spiro SUGGESTED that the Mayor send a letter to Ms. Williams, encouraging her to meet with people from the Youth of the Year Program so she can present her ideas and work with them. 14. MATTERS FROM /FOR COUNCIL: 1. Mayors' & Councilmembers' Association, General Membership Meeting, Mountain Shadows Golf Resort, 6.30 p.m., Thursday, July 13, 2000: Council CONCURRED to present Mr. Kenneth Blackman, retiring City Manager of the City of Santa Rosa, with a wooden - framed certificate honoring him for his years of service to the City of Santa Rosa as outlined in Resolution No. 2000 -139. 2. North Coast Rail Authority - Appointment: Council CONCURRED to support Vice Mayor Mackenzie in his acceptance of the appointment. 3. Miscellaneous Councilmember Spiro inquired about police coverage on Free Friday, and Mayor Vidak- Martinez responded that she had spoken to Chief Miller who indicated that the current practice of designating uniformed police officers to the event is still in effect. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES July 11, 2000 Page(11) Councilmember Reilly REQUESTED more information regarding per capita water use in Rohnert Park in light of the report that the Rohnert Park per capita figure is 30% higher than Santa Rosa's, and in light of the upcoming General Plan discussions. 15. CITY MANAGER'S REPORT: City Manager Netter indicated that he has nothing to report for this meeting. 16. OTHER UNSCHEDULED PUBLIC APPEARANCES: At this time, Mayor Vidak- Martinez called forward any citizens wishing to speak. No one responded. There being no further business, Mayor Vidak- Martinez adjourned the meeting at approximately 10:46 p.m. to: 6:00 p.m., Wednesday July 12th 2000 at City Hall for the WASTE MANAGEMENT RFP'S - WORK SESSION Katy Leonard, Certified Shorthand Reporter CSR No. 11599 Vicki Vidak- Martinez, Mayor *City Council /Community Development Commission � f�: ,�,�GV4/1 2/0G ,ttn: Ms. Yicki Hill - General Plan Coordinator A Cit y y of Rohnert Park `` a 6750 Commerce Blvd. Rohnert Park, CA 94928 707) 588 -2226 Re: Status Report to the City /County Regional Work Group Ladies and Gentlemen, please consider the following: LAFCO's policies state: "Consistency with City or County General and Specific Plans Required." The Commission discourages proposals whch promote urban development in areas not designated for urban development by applicable plans. County General Plan policy states: In any case where there appears to be a conflict between General Plan and Area Plan policies or standards, the more restrictive shall apply. Penngrove Area Plan policies are more restrictive than the General Plan. Applicable Area Plan policies and concerns related to Rohnert Park's proposal to annex lands south of Cannon Manor are: • Loss of Open Space, no community separator is being Droposed • Loss of Agricultural lands and suitable soil types. • Loss of groundwater recharge areas. # Transportation and circulation policies for the Petaluma Hill Road corridor. s Water drainage into the Zone 2A flood area, flooding_ conditions exist in Penngrove and Petaluma. Conversion of Land Use from existing �0 acres per unit, to high density housing and industrial. • Conflicts in Fire District and School District service boundries. General Plan Transportation Policies Penngrove will not support any, City Limit, UGB or 501 line, east of Petaluma Hill Rd. and south of Cannon Manor. The four lane designation for Petaluma Hill Rd. was removed in the 1989 County General Plan. Rohnert Park's proposed "four lane" designation represents a "conflict of interest." Meetings with the Rohnert Park Committee suggest that the City believes they have received direction to annex Petaluma Hill Rd., perhaps this issue needs further clarification. TR -21 A Policy Language Penngrove and Cotati have continued to express concerns about development occuring in advance of Hwy. 101 widening to six lanes. Due to time constraints, the City has proposed policy language to conduct more extensive traffic analysis as part of the Specific Plan process. 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