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1998/12/16 City Council MinutesRohnert Park City Council Minutes December 16, 1998 Adjourned Session The Council of the City of Rohnert Park met this date in adjourned session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the adjourned session to order at approximately 6:00 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, City Engineer Gaffney and Planning Director Schulenburg for the business portion of items listed on the agenda. Numerous other City Department Heads and staff were present for the ceremonial portion of the meeting. RECESS: Mayor Linda Spiro recessed the City Council meeting to convene the Community Development Commission meeting at approximately 6:02 p.m. RECONVENE: Mayor Spiro reconvened the adjourned session of the City Council meeting at approximately 6:04 p.m. with all Councilmembers present. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, City bills presented per the attached list in the amount of $644,941.04 were unanimously approved. CITY MANAGER/CLERK'S REPORT ON POSTING THE MEETING'S AGENDA: City Manager Netter acknowledged the posting of the agenda in accordance with State Law, UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. No one responded. 1. PLANNING AND ZONING MATTERS: (Cont'd from 1218198 Council meeting) File No. 1816: Consideration of an Urgency Ordinance Prohibiting the Issuance of Building Permits in the Recommended Civic /Town Center Area for 45 Days City Manager Netter referred to discussion of this item at the previous Council meeting and review of the resolution to consider a contract with the firm of Moore Iacofano Goltsman for an amount not to exceed $21,000. Updated information has been provided to Council on this item which has been refined and scheduled by task for a total of $27,958. Staff recommends adoption of the resolution presented at this meeting for an amount not to exceed $28,000. Rohnert Park City Council Minutes (2) December 16, 1998 Adjourned Session Planning Director Schulenburg reviewed the updated material with reference to plans on display of the vacant parcels /planning area boundary at City Hall Drive and Padre Parkway, designated flow charts and process chart for this item. She confirmed that staff recommends adoption of the urgency ordinance prohibiting the issuance of building permits in the recommended Civic /Town Center Area for a period of 45 days, and adoption of the resolution approving the designated contract with Moore Iacofano Goltsman for an amount not to exceed $28,000. She advised that Robert Sena of Moore Iacofano Goltsman, Inc. (MIG) was also available at this meeting to respond to additional Council questions, if any. Planning Director Schulenburg responded to Council question that she had read the recent letters from Dr. Bruns requesting exemption for his project. It was too late to schedule the request on tomorrow's Planning Commission meeting due to compliance requirements for the posting of meeting agendas. She sympathized with his concerns but shared that the timing is relevant for the moratorium toward the effectiveness of the vision with guidelines for the Civic /Town Center. This should also be better for Dr. Bruns in the long run, but if an exception is made for one, then it would have to be done for others, and would delay the progress in the long run. She noted the time frames signified on the process chart with efforts toward approval of the design parameters in March, with the concept expected by February 1', and in the meantime every effort would be made to help facilitate Dr. Bruns. Ms. Schulenburg shared that it was her impression that the PPL project is in the same situation as Dr. Bruns but is farther ahead as they have their drawings done. Entitlements are not vested until building permits are issued. PUBLIC COMMENTS: Mayor Spiro opened public comments for this item at approximately 6:30 p.m. 1) James E. Bruns; O.D., 6406 Commerce Blvd., reviewed reasons expressed in his letters to the City Council dated November 19, December 14 & 15, 1998 seeking exemption from possible moratorium for this parcel, due to timing and financial complexities, and to work with the City to expedite his project in an acceptable format. Dr. Bruns indicated that they would like to present their design plan changes to the Planning Commission on December 17, as originally scheduled; work with city staff and other design consultants working for the city early next month to work out refinements, which would allow them to have the architects process working drawings and keep their project on course; and that they would not request a building permit until after January 31" but this would enable them to have everything ready and not have further delays. 2) Robin Bleckwehl President & CEO Rohnert Park Chamber of Commerce, reviewed concerns expressed by the Chamber's Board of Directors emphasizing that this may be the most important issue since the inception of the Civic /Town Center area which will be the heart and soul of the community. Though there is empathy for Dr. Bruns, the concern is for the process and the importance of the design of the area to be well planned, along with the responsibility of the Chamber for representation of numerous executives, managers and owners of local businesses. The problems are not insurmountable and the Chamber representatives encourage consideration of Dr. Bruns' position, if at all possible, and to get him through the process as soon as possible, but at the same token, it is the opinion of the Chamber Board that this is such an important project that they urge the Council to approve the urgency ordinance and make sure that Dr. Bruns is part of the process. Mayor Spiro closed public comments at approximately 6:40 p.m. Rohnert Park City Council Minutes (3) December 16, 1998 Adjourned Session Upon request by Planning Director Schulenburg, Robert Sena of Moore Iacofano Goltzman, Inc. (MIG) was recognized to comment on this item. Mr. Sena shared that they are very used to fast tracking projects. While he understands the concerns of Dr. Bruns, on the other hand, the City is the client, however, it did not seem to him the Dr. Bruns would have to wait until February or March, as they can certainly work with his architect to make sure the plans do not go too far one way or the other. They would make sure there would be feedback back and forth and would be very willing to work with him. Councilmember Flores referred to concerns with the process which he expressed at the previous Council meeting. A motion was made by Councilmember Flores to adopt the above - referenced urgency ordinance and exclude Dr. Bruns and the PPL projects knowing they can work effectively with staff. Mayor Spiro noted that the motion died for lack of a second. Discussion included comments as follows: • City Attorney Flitner responded to Council questions which included advising that if these two projects are eliminated, then it does set a precedence for other projects if design does not come in with a proposal. The City Council does have a right to cut it off now and move forward. • Councilmember Reilly noted that, if adopted this evening, the urgency ordinance would expire in forty -five days, which would be the end of January. There may not be an extension unless Council sees a necessity, so otherwise, this is compatible with the time frame indicated above by Dr. Bruns for his project. • City Attorney Flitner responded to further question from Mayor Spiro that the Council can approve the project with the stipulation to make it comply with the design. Ultimately, that may establish the provision for someone else to make the same type of application, which would have the same rights subject to approval at the end of the design program. • Councilmember Mackenzie referred to the explanation by the Planning Director that Dr. Bruns' item cannot be heard by the Planning Commission tomorrow evening due to the public posting requirements for meeting agendas, so it would be January 14 before it could be heard by the Planning. Commission, Councilmember Mackenzie agreed with above comments by Councilmember Reilly on the compatibility of the time frames and also noted that the party has indicated willingness to work with staff. Mr. Mackenzie referred to aspects of previous reviews by the Council on the matter of vesting, with the understanding that when not vested, then the City Council does have the ability to take action for the general welfare of the City. It has been know since 1997 that there has been great interest in this area for the civic /town center proposal as indicated often through the task force efforts, so people in the community have been aware of this interest. Rohnert Park City Council Minutes (4) December 16,1998 Adjourned Session Urgency Ordinance for adoptions No. 645 URGENCY ORDINANCE PROHIBITING THE ISSUANCE OF BUILDING PERMITS IN THE RECOMMENDED CIVIC /TOWN CENTER AREA FOR A PERIOD OF 45 DAYS A motion was made by Councilmember Mackenzie to adopt Urgency Ordinance No. 645, seconded by Vice Mayor Vidak- Martinez. Discussion of the motion included: ® Vice Mayor Vidak- Martinez signified that she served on the Town Center Task Force and did look at this item extensively and does feel the need to proceed in this manner. She encouraged staff to work well with the above - referenced two projects; was also concerned with Councilmember Flores' concerns expressed on the process; and agreed with the process and need for the adoption this ordinance. • Councilmember Flores indicated that the Council previously discussed vested rights, but did not discuss applied vested rights when going through the Planning Commission process for a project approval, with a change in the program in midstream that could harm the applicant. Mr. Flores shared that he knows the Council does not take this lightly, and the full Council agrees with the importance of the proposed civic /town center, but needs to take this into consideration to be a fully responsible Council. • Mayor Linda Spiro referred to previous Council discussion about the theaters in Rohnert Park and signified that they did the right thing then, when the Council allowed both projects to go forward. It was not an easy decision and in that case, worked out fine. There is no doubt there will be the need to work together to resolve matters, but these efforts should also work out fine for the overall benefit of the community. Upon the above motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, and approved 4 -1 with Councilmember Flores dissenting, reading was waived and Ordinance No. 645 was adopted. Resolution No. 98 -241 Authorizing the City Manager to Sign and Execute a Consulting Contract with Moore Iacofano Goltsman for Preparation and Implementation of a Community Design Charrette and Development of Design Guildelines for the Civic /Town Center (not to Exceed $28,000) Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, reading was waived and Resolution No. 98 -241 was adopted. Planning Director Wendie Schulenburg advised that she and MIG Consultant Robert Sena agreed that Dr. Bruns' project could be placed on the first Planning Commission meeting agenda in January and were confident they would not be held up any longer than necessary. Robnert Park City Council Minutes (5) December 16,1998 Adjourned Session 2. CEREMONY FOR 1999 CITY COUNCIL OFFICER SELECTION ♦ Reflections of 1998 -Comments by Mayor and Members of the City Council Mayor Linda Spiro welcomed everyone attending this ceremonial meeting which included former Councilmembers and spouses, numerous City staff representatives and /or spouses, representatives of various City Commissions /Committees/boards, and City Council family members. Councilmembers shared reflections of 1998, individually and separately sharing comments on various memories of the past year. Copies attached to the original set of these minutes included: (1) list of 1998 Accomplishments from which Mayor Spiro reviewed many of the items accomplished throughout the year; and (2) written statement shared by Councilmember Mackenzie on 1998 reflections. Councilmembers also separately recognized members of their families and friends present in the audience and expressed appreciation for their continued support. ♦ Presentation to Mayor Linda Spiro for 1998 Year as Mayor Vice Mayor Vicki Vidak- Martinez made this presentation to Mayor Linda Spiro, on behalf of the City Council, of engraved lepidolite stone bookends, as a token of appreciation for her many efforts as Mayor throughout the past two years of 1997 and 1998. ♦ Recognition of the .Selections of City Council Officers for 1999 Mayor Spiro announced the previously made selections of 1999 City Council Officers of James J. Reilly as Mayor, and Vicki Vidak- Martinez as Vice Mayor. ♦ Perspectives.for 1999 - Comments by Councilmembers, if any Councilmembers individually shared comments on anticipations for the next year and indicated looking forward to working together. 3. ADJOURNMENT: There being no further business, Mayor Reilly adjourned the meeting to refreshments at approximately 7:40 p.m. Ju au ' eputy Clerk _e _s J. Reilly Jr., Mayor jh /mins:12169 mn • Established a Funding Program for 1) New Library Facility 2) New City Hall/Civic Center Complex • General Plan Items +Completed Community Summit /Champions' Task Force Report +Completed Hudson Report — Visioning of Rohnert Park Community *Youth Summit Success @ SSU +Established Council Year 2000 Project >Council/Planning Commission Ad -Hoc Oversight Committee +Developed District Time Line for adoption of a General Plan & UGB = March 2000 Election = • First City to fill a vacant "Price Club Building" 16 Screen Stadium Seating Multiplex Movie Theatre • Established a City Council/Department Head Team For Policy Goals and Strategic Planning process • Instituted the Wilfred/Dowdell 24 acre Specific Plan to enhance economic development opportunities • Flood Control +Completed Silt Basin off Petaluma Bill Road + Began widening of Laguna de Santa Rosa Channel west of City • Century Cable T.V. rebuild completed resulting in additional channel capacity • Completed Recreation Department Assessment by Consultant Carl Clarke • Completed Joint Use Agreement between City and School District • Successful Toilet Replacement Program continues with over 500 toilets /showerheads replaced to date ANKITM 410[61.04 Jill OWN • A Child's Portion Program instituted by Redwood Empire Food Bank • Technology Innovation 1) Upgraded Telephone System — City wide 2) E -mail Access Available • Completed Carpeting at Spreckels Performing Arts Center • Commissioned a Sculpture and Lighting design at Spreckels Performing Arts /Community Center Site • Partnership with Rohnert park Chamber of Commerce in Economic Development /Marketing of City ♦ New Logo created *Marketing Plan being developed • Established a Youth Representatives to Council 1) Sonoma State University 2) Rancho Cotate High School • Instituted Building Bridges Committee to recognize diversity • Re- establish Founder's Day parade — Success • City designated as a "Bicycle Friendly Community" • Working with Canon Manor Representatives and County to address needs /concerns • Establish a communication link with Sonoma State University Officials • Continued Infill Projects # Tatman 13 Acre Subdivision, Snyder Lane ♦ Rhyodine Company — West side ♦beat Level Phase II Project • El -Nino Committee Successes Pro - active for Winter of 1997 -98 • Institute Town Ball Center Concept — identify Study Zone for City Focal Point (in development) JDN /_jh -a: \1998 Accomplishments ,4 kr7-c H - Reflections on 1998 - "On an occasion of this kind it becomes more than a moral duty to speak one's mind. It becomes a pleasure" Oscar Wilde The sound of my own voice has always rung sweetly in my ears but I also know that when its party time, an elected official's observations are seen as nothing but an obstacle to achieving that objective. Nevertheless there is a value to reflecting on the past through the rearview mirror that is hindsight. One year ago I felt that, " Most important of all in 1998 will be the effort to integrate our Summit experiences and outcomes into this City's General Plan ... The City of Rohnert Park and its citizens can determine their own future. " A city need not go to the legislature every time it has a problem: more likely the city has that power in its own hands ... this power is a broad, expansive power. There is NO right to develop in California; it is a privilege" " It was therefore with a profound sense of disbelief 50 days after making that observation that we were confronted with an effort to repeal our current Urban Growth Boundary as was revealed at the end of our January 27`" council meeting. Unfortunately, or maybe fortunately, this effort to subvert the results of the 1996 election and the Summit process took up an immense amount of time and expenditure of resources from those of us who opposed Measure "A" on the June ballot. My own efforts to negotiate a return to a fair process both by legislative amendment and by negotiated compromise were rejected out of hand. Through the defeat of measure "A" in every precinct of this city, I now find myself in a position to repeat my reflections of last year - SEE ABOVE! My "Proposal to Implement Measure N - Peace in our time" was adopted upon the defeat of measure A and the work proposed therein is now under way. { It is worth noting that Neville Chamberlain also said in that same year of 1938 " In war, whichever side may call itself the victor, there are no winners, but all are losers. "} It took all of us, acting together as a council and with the encouragement of our mayor, to get to this point. I'm an optimist by nature, a fighter by heritage and a mediator by dint of hard experience. Now at the end of 1998, we have a chart to follow into 1999. I look forward to traveling on this journey with our Vicemayor, my fellow committee members, fellow council members and fellow citizens over the 12 months ahead. Others will surely reflect on events of this past year such as the opening of the RP All Stadium 16 Cinema and the championship year of The Crushers. I believe however that the most noteworthy accomplishment in this City in 1998 has been the emergence of a strong City Management Team led by City Manager Joe Netter. We in City Government have been able to reflect on Priorities for our City - leading to consideration of budget priorities and staffing levels by all of us as a TEAM. Again, as with the defeat of measure A, our passage through the crucible of political turmoil over the renewal of the City Manager's contract has led us as a City to a more highly refined state. In closing, it's been an interesting journey this past year. What's past is prologue to 1999. There's more to come, folks! Jake Mackenzie, Council member b Ple lqff A Perspective for 1999 The elections of 1998 are now behind us. There is a recognition that if a week is a long time in politics then a year can seem like a lifetime. My perspective as an elected official on the year ahead has been formed by the experience of two whole years or lifetimes in politics. "Our Place" was the title of an invitation to consider the future of a key region of this state - the Central Valley of California. The picture from space shows the Valley in relationship to its surroundings and to the Planet Earth. The perspective I'd like to propose for "Our Place" here in Rohnert Park is a similar one - how do we see ourselves, how do others see us, how do we relate to our surroundings? This may strike you as somewhat cosmic but I believe that it's this Vision of us as we will be in the future decades that's important for all of us. 1999 will be an important year for us here in "Our Place." I'm hoping that the sense of excitement felt in some of our recent council meetings will be felt by many of us in this community. There truly will be an opportunity to shape our collective futures. Hopefully we'll not be like this quoted pessimist -" Every public action which is not customary, either is wrong or if it is right, is a dangerous precedent. It follows that nothing should ever be done for the first time." Our ability to envision the shape and size of our community, the feel and look of a true Down Town, our ability to reconfigure our community Campus, our ability to see a new Library as part of a true renaissance of "Our Place," our ability to start working with The University, with the School District, with the City of Cotati - all of these require a willingness to do something not to do nothing. The involvement of our various citizens, NOT just the "usual suspects," is the real challenge for 1999. There have been indicators, measures of success, which lead one to believe that this can be achieve. We made an effort with the Summit. We saw hopeful signs with our Founder's Day back in Alicia Park. Ultimately all the sound and the fury of politics in Rohnert Park this past year will have been for naught if we do nothing. The need to do something does not mean that we cannot grow smartly. The need for us in California and here in Sonoma County and here in Rohnert Park to closely examine the principles of Sustainable Development has never been more needed. The model from ecological studies that we must examine is that of a place's carrying capacity; its ability to sustain a varied population of organisms without destroying the resources on which that community depends. The specter, and it is a specter, of a California of 50 million souls in the year 2027 must constantly be in our minds as we look to the future. If I have waxed philosophical this evening it's because this is the time to do so as we venture onto the path that leads us to 1999. Then as "Our Place " is shaped by our actions in the months to come we'll have done it thoughtfully and with due consideration of the consequences. Jake Mackenzie, Councilmember