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2000/02/08 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES Concurrent Meetings Minutes for: COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY ROHNERT PARK HOUSING FINANCING AUTHORITY February 8, 2000 Tuesday The Council of the City of Rohnert Park, Community Development Commission, Rohnert Park Financing Authority and Rohnert Park Housing Financing Authority met this date in regular session for concurrent meetings commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Vidak- Martinez presiding. CALL TO ORDER: Mayo session to the pledge ROLL CALL: Present: Absent: r Vidak- Martinez called the regular order at approximately 7:10 p.m. and led of allegiance. (5) Councilmembers Flores, Reilly, Spiro, Vice Mayor Mackenzie and Mayor Vidak- Martinez (0 ) None Staff present for all or part of the meeting: City Manager Netter, Assistant City Manager Leivo., City Attorney Strauss, City Engineer Gaffney, Planning Director Schulenberg, Associate Planner Bendorff, Finance Director Harrow, Recreation Director Barry and Management Analyst Fogle. 1. CLOSED SESSION: Mayor Vidak- Martinez reported on the - closed session which commenced at 6:00 p.m. to discuss matters listed on the agenda attachment, representing an update. No action was taken at this time with one exception that the Council decided not to appeal the small claims action of Mills v. The City of Rohnert Park. 2. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by Council and signified on original sets of minutes. Upon motion by Councilmember Flores, seconded by Vice Mayor Mackenzie, the minutes of January 25, 2000 were unanimously approved as amended. City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(2 ) 3. APPROVAL OF BILLS /DEMANDS FOR PAYMENT: Upon motion of Vice Mayor Mackenzie, seconded by Councilmember Spiro, City bills presented per the attached list in the amount of $681,401.26, as well as Community Development Commission bills in the amount of $41,565.45, were unanimously approved. Councilmember Spiro posed a question for staff: Why do we approve bills after they've been mailed out? City Manager Netter said he would check with the Finance Department. 4. ADDING INFORMATIONAL NON - AGENDAED MATTERS: Mayor Vidak- Martinez asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. No items were added at this time. 5. MAYOR'S PRESENTATION of PROCLAMATION: Mayor Vidak- Martinez commended engineers for their hard work and read a proclamation declaring February 20 -26, 2000 National Engineers' Week in Rohnert Park. Matt McKamey, on behalf of the Society of Civil Engineers, accepted the proclamation. Mayor Vidak- Martinez also acknowledged the presence of City Engineer Gaffney. 6. YOUTH CITY COUNCIL REPRESENTATIVES from the 1999 -2000 Youth of the Year Program, Senior Melissa Canning and Junior Jackie Snyder, were recognized. Junior Daniel Cronin was not present. Ms. Canning and Ms. Snyder provided the youth report which included the following: *Council of Councils on January 27, 2000 was a success. *Blood Drive on January 26, 2000 was a success. *Turn- a- Bout. Dance; February 26, 70's theme *Bop -Til- You -Drop; March 10, concert at Rancho Cotate. *Spring sports started yesterday. *Development of a summer league swim program by Piranha Swimming will be updated soon. Vice Mayor Mackenzie noted that he has started meetings with the Youth Summit follow- through group. They discussed the downtown mall, and he W411 meet with them again before they make a report to the City Council. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing.Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(3 ) 7. SONOMA STATE UNIVERSITY ASSOCIATED STUDENTS, INC., REPRESENTATIVE Omar Malik, Chair of JUMP, provided the SSU Associated Student Report. He indicated that Senior Representative Brian Talbot was not able to attend due to illness. Mr. Malik reported as follows: *Spring Informational Night for JUMP, February 9. *Annual Children's Spring Carnival, April 28 at SSU. *Glide Memorial Church, February 20, JUMP will go work in the soup kitchen. *Third Annual Hunger Awareness Dinner put on by JUMP is being planned for May. *JUMP is working on their travel budget to have all of its members attend the Campus Outreach Opportunity League conference this year. *Events on Campus for February at SSU are noted in Mr. Talbot's handout distributed to Council. Vice Mayor Mackenzie thanked Omar for his work and reminded City Manager Netter to get information to SSU regarding Christmas in April. He stated that he would continue to discuss shuttle service to SSU and discrimination by landlords against students at the next Associated Students meeting on February 24. Councilmember Flores thanked the Chamber of Commerce and local merchants for including several student discounts in upcoming booklets and brochures. 8. SCHEDULED PUBLIC APPEARANCES: 1)Ken Holmes 220 Parque Margarita: re Rancho Grande back rents. Mr. Holmes, of Rancho Grande Mobilehome Park, referred to a letter he sent to the.Council, expressing the frustration of residents over the $75 back rent issue. However, he believes that the courts seem to rule consistently for the owners, and that perhaps paying the $75 would be the best solution, rather than facing an expensive and lengthy legal battle. He challenged the Council to come up with a better suggestion if possible. 2) Greg Brogdon, 8471 Lancaster Drive: re _traffic issues on Lancaster Drive. Mr. Brogdon presented the Council with a petition from several residents along a two -block stretch of Lancaster Drive and a letter from himself, requesting that a traffic study be done by the City Engineer for the purpose of installing a stop sign on said street. *City Council /Community Development Commission /Rohnert: Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(4 ) Mr. Brogdon acknowledged that due to the unchecked and excessive speed by vehicles and buses alike, children, pets and property are not safe anymore. He further requested the need for two stop signs on Lancaster, speed bumps every 20 feet, more coverage and ticketing by regularly scheduled public safety officers, and a letter to Golden Gate Transit personnel about the speed limit on Lancaster Drive. Vice Mayor Mackenzie commended Mr. Brogdon on the recommendations and deferred to staff for response. Councilmember Flores seconded. Councilmember Reilly wanted clarity as to why the courts are not recognizing speeding tickets unless they're over 10 m.p.h. and clarity as to how Golden Gate Transit selects the two -lane streets for bus routes. Councilmember Flores suggested to staff that stop signs be put up immediately, and Mayor Vidak- Martinez requested a traffic count be done. Councilmember Spiro further added that, in conjunction with the City of Cotati, radar trailers and officers could be regularly scheduled to ticket the speeding drivers. 9. 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 total time limit). 1)Bob Severan 5879 Commerce Boulevard, owner of Rugworks for the last 25 years, in the interest of improving his business and keeping Commerce Boulevard clear of his delivery trucks, asked the Council to consider allowing him to build nnn �n „mr° foot addition to his buildinn as � well as acquire a small piece of property north of him for an additional parking lot. He noted that his treatment by the Planning Commissioner was less than cordial and that the underground utilities, a concern of the City Engineer, had never been a problem. He mentioned all the work he has done for the City of Rohnert Park, and shared copies with Council of a general plot plan for his property. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(5 ) 2)Geoffrey Cartwright 56 Rocca Drive, Petaluma, expressed concern over Rohnert Park's expansion east and west into the Petaluma watershed, particularly in the areas of Railroad Avenue and Old Redwood Highway, as well as downtown Penngrove. He asked the staff to review the packet he gave out at the General Plan Committee meeting last. week and also gave Council the names and numbers of contacts in the City of Petaluma and at Resource Management International, Inc. 3)Tim Danesi 6400 Meadow Pines Avenue, presented the Council with a letter from the City of Rohnert Park Cultural Arts Commission, requesting permission for the Northwestern Pacific Railroad Historical Society to use up to 200 square feet of space that the Cultural Arts has at a storage facility near the stadium. The NPRHS has to relocate from SSU within the next few months. Mr. Danesi hopes to see a railroad museum get built in Rohnert Park as there are several members of NPRHS who live here.. He requested Council to set a date in two weeks for him to come back with more information on this matter. Mayor Vidak- Martinez indicated that staff would work with the Cultural Arts Commission on this issue. ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10. 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. The Mayor signified removal of two Consent Calendar items for further discussion.as follows: Resolution No. 2000 -31 per Councilmember Reilly's recommendation; and Item D on the Consent Calendar as per Councilmember Spiro's concerns. Acknowledging the City Manager /Clerk's report on posting of meeting's agenda Resolution Nos: 2000 -32 PROCLAIMING FEBRUARY 12, 2000 AS "NATIONAL ORGAN DONOR DAY" 2000 -33 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, ROHNERT.PARK, EXPRESSWAY /ROUTE 101 OVERCROSSING BRIDGE NO. 20- 235L,04- SON - 101 -KP 22.4, PROJECT NO. 1991 -4 2000 -34 ACCEPTING SUBDIVISION IMPROVEMENTS AND AUTHORIZING RELEASE OF SECURITIES, HONEYBROOK II SUBDIVISION *City Council /Community Development Commission /RohnertiPark Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(6 ) 2000 -35 AUTHORIZING SALARY ADJUSTMENTS FOR CERTAIN MISCELLANEOUS, NON- REPRESENTED POSITIONS 2000 -36 REJECTING CLAIM OF MICHAEL BOLES (RE: ALLEGED INJURIES FROM BICYCLE ACCIDENT) Approving Project Graduation request for waiver of fees for use of Sports Center for June 9, 2000 event Approval and authorization of assigning Rohnert Park's Annual State Beverage Container Recycling and Litter Abatement Funds to the Sonoma County Waste Management Agency (SCWMA) to manage annual funding for Region Approval of Rohnert Park Food Waste Diversion Pilot Project paid by Sonoma County Waste Management Agency (SCWMA) Funding COMMUNITY DEVELOPMENT COMMISSION matter: Christmas in April *Rohnert Park. CDC Resolution for adoption: 2000 -01 Approving Transfer of CDCRP Allocated Funds to Christmas in April *Rohnert Park to Assist Very Low & Low Income Residents. Upon motion by Vice °Mayor Mackenzie, seconded by Councilmember Flores, with the exceptions of Resolution No. 2000 -31 and Item D, the Consent Calendar as otherwise outlined on the meeting's agenda was unanimously approved. Resolution for consideration: CALLING FOR SUPPORTING PROPOSITION 12 (NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT) Councilmember Reilly indicated that although he is not overly enthused about supporting propositions because the public can vote after the propositions are on the ballot, this particular bond act will give Rohnert Park $500,000 as its share of the monies to improve local facilities. Upon motion by ro>>nc,i 1 member Reilly, seconded by Vice Mayor Mackenzie, Resolution No. 2000 -31 was unanimously adopted. Item for Consideration: D CALLING FOR APPROVAL OF AQUATIC FEE SCHEDULE FOR FISCAL YEAR 2000 -2001 Councilmember Spiro wanted to go over the rationale for certain items on the Aquatic Fee Schedule. Council concurred that a discussion was in order. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(7 ) City Manager Netter called Recreation Director Barry to respond to the inquiries by Council. Councilmember Spiro asked about certain fees, as well as why the non - resident fees were being waived. Councilmember Reilly asked the Council to have staff look at non - resident fees and set an appropriate fee based on that review. Councilmember Reilly made a motion to approve Item D, seconded by theunon ies3d"ent 'ores, with the exception of * &t-etn was unanimous y Approved with with directions to the Recreation Department to do further review of the non - resident fee. *CORRECTION ABOVE from 2/22/00 City Council meeting: Per Councilmember Reilly. ********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 11. MOBILE HOME PARK MATTERS: •1)Proposed Amendments to the Mobile Home Ordinance Staff Report: City Manager Netter mentioned the continued public hearing from January 11, 2000. He noted that vacancy control has been an issue that the Council has wrestled with for the last 15 years. He indicated that the City Attorney's research brings two items before the Council: vacancy control, in which it is believed the federal courts would be superior, and the statute of limitations, which would force the Council to consider what risk to take in settling under the existing settlement agreement. City Manager Netter discussed four major items in the settlement that involved current Ordinance 494: vacancy control, the net offering income formula, Rent.Board meetings and Rent Board members. He deferred to the City Attorney to explain how vacancy control and the statute of limitation issues would make it more difficult for the Council to pursue the system as originally planned with a potential for lengthy litigation. City Attorney Strauss added that although the vacancy control issue is pending in the 9th Circuit Court of Appeals and will ultimately be decided in the.U.S. Supreme Court, she believes Rohnert Park's Ordinance 494 is unconstitutional as it concerns vacancy control. She also explained how the statute of limitations is four years for claims that arise from written contracts, running out in 1998 on Rohnert Park's issue of back rent claims. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(8 ) Vice Mayor Mackenzie inquired about the various courses of action and whether the Council could go back and vote on the settlement. agreement. City Attorney Strauss advised the Council to put any amendments on the next agenda because the approved settlement agreement obligates the Council to hold public hearing, consider the ordinance amendments and vote yes or no on their propriety. Councilmember Flores asked in reference to the settlement if it was the 14th Amendment that was not favorable. City Attorney Strauss explained that it is the 5th Amendment of the U.S. Constitution, which is applied to the states through the 14th Amendment. PUBLIC HEARING: Mayor Vidak- Martinez opened the public hearing at approximately 8:10 p.m. Citizens submitted speaker cards and shared verbal and /or written comments expressing support or opposition to the proposed amendments to the Mobile Home Ordinance No. 494. OPPOSE 1. Len Carlson, 349 Circulo San Blas OPPOSE 2. Troy Donahue, 28 Hemlock Court OPPOSE 3. Roger Martin, Circulo Lujo, Rancho Grande Homeowners Association Vice President OPPOSE 4. Maggie Flynn, 725 College Avenue, Santa Rosa, on behalf of the Rancho Grande Association OPPOSE 5.. Heloie Flair, 180 Walnut Circle, from Valley Village OPPOSE 6. R. Waller for Virginia Owens, 327 Circulo Taxco OPPOSE 7. Tom Woodcock, 195 Verde Circle OPPOSE 8. Tim Smith, 575 Administration Drive, #100 A. Santa Rosa, 3rd District Supervisor OPPOSE 9. Don Huberty, 296 Circulo Puebla SUPPORT 10. Violet Moir, 411 Sonoma Lane, Las Casitas (Distributed letter and spreadsheet) OPPOSE 11.. Art Lowry, 171 Circulo Monterey, Rancho Grande OPPOSE 12. Jean Phillips, 139 Garth Street, Napa, GSMOL Region Manager, Region 2 OPPOSE 13. Charles Kitchen, 4457 Hollingsworth Circle Questions and remarks stemming from public comments included: *Why not take a stance against Hillsboro and their threat of a lawsuit which may not even exist? *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS'Minutes February 8, 2000 Page(9 ) *Where will Rohnert Park's citizens with limited incomes move to if they are forced to move? *The Hawaii judgment in the 9th Circuit Court of Appeals was based on land use and had nothing to do with rent - based, affordable housing. *Where did the Council gain the power in the City Codes to cede third -party rentals? *In a study done for the Montclaire vacancy control issue, vacancy control was determined to be the linchpin for mobilehome affordable housing. *Why would the Council take away the protection of vacancy control in the rent - control ordinance before a court requires them to do so? *.Why not form a co -op, move the residents out and trade vacancy of 150 mobile homes rather than fighting this issue? *If the City chooses to reexamine vacancy control, do it outside of the threat of litigation. There being no one further desiring to speak, Mayor Vidak- Martinez closed the public hearing at approximately 8:49 p.m. Council discussion included comments as follows: *Ci.ty Attorney Strauss clarified that the statute of limitations does not prevent lawsuits and that the park owner's attorney has told her that if a lawsuit against the residents fails, then a lawsuit will'be brought against the City for back rent. *Councilmember Flores commented that he is not afraid of litigation and noted that, unless a settlement is reached, the City would face continuing litigation. *Vice Mayor Mackenzie said that he didn't fully understand the settlement last fall because legal analyses were not available at that time. He also stated that he reviewed the discussions of the meeting with the Rent Appeals Board in January and spoke with his appointee, Kurt Englehart, who has information of an approach involving arbitration. He indicated that after reviewing the resolutions of the Rent Appeals Board, he could go along with the meeting schedule, but he was not in favor of the vacancy control part of the proposed ordinance. *Councilmember Spiro stated for the record that she didn't support it in the fall and that she wasn't going to support the ordinance tonight. *Councilmember Flores signified, based on the two statute of limitation cases that had run out and the 70/30 chance expressed to him by the City Attorney, *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(10) that there is no validity to the back rent claims and that he would be willing to go to court and fight the issue. He shared his impression that, with the citing of the case law from Ms. Strauss, he would not support the change in the ordinance. . *Councilmember Reilly commented that it was time for this important issue of the county to leave the' subcommittee forum and come before the people so that a proactive plan of action could be sought. He clarified that the Rent Appeals Board, in its duty of enforcing Ordinance 494., should be fair to the residents, but that it is not the duty of the Board to be the advocate for the residents. He noted that changing 494,to make it fair and legal was what had to be done. *Mayor Vidak- Martinez shared her impression that the City has a good record of support for the mobilehome owners. She pointed out that Rohnert Park owns a mobilehome park for the benefit of its residents, and that there is a childcare center going in one mobilehome park and extensive earthquake retrofitting in several others. She mentioned the Burbank project as almatter of public record and said the *Beard/rna -a supported it, but the neighbors around it were opposed to the project. She also noted that several residents have experienced significant rent increases, and that litigation could be costly and lengthy. *CORRECTION ABOVE FROM 2/22/00 City Council meeting: Per Mayor Vidak - Martinez Ordinance for Adoption: No. Amending Chapter 9.70, Mobilehome Ordinance (Ordinance 494) Upon motion by Vice Mayor Mackenzie, seconded by Councilmember Flores, the ordinance considered for adoption failed 0 -5 by.roll call vote. Upon motion by Vice Mayor Mackenzie, seconded by Councilmember Spiro, a motion to withdraw the City's appeal in the 9th Circuit Court of Appeals in order to limit the attorney's fees the City would be obligated to.pay Hillsboro Properties, was unanimously approved. 2)Mobile Home Rent Appeals Board Appointment Accepting letter of resignation from Onna Rayos, term expired 12/31/99 Councilmember Spiro said she has received only one application for consideration to fill the RAB vacancy and asked for more applications to be sent in. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(11) 3)Other: Vice Mayor Mackenzie asked the Council to contact Kurt Englehart at the Rent Appeals Board to have him bring his proposal on arbitration on back rents back to the Council. He also requested to find out from the Rent Appeals Board, in light of the cancel action, if they would still recommend any change at all in the ordinance? RECESS: Mayor Vidak- Martinez declared a recess at approximately 9:00 p.m. RECONVENE: Mayor Vidak - Martinez reconvened the Council meeting at approximately 9:15 with all Councilmembers present 12. PLANNING AND ZONING MATTER: 1)File No . 1854 - A.G.Spanos Corporation - Consideration of Site Plan and Architectural Plan approval of a 200 -unit apartment complex to be constructed at 120 Golf Course Drive. Staff Report: Planning Director Schulenburg summarized the land use request, the General Plan Amendment, the rezone and the history of the Spanos Project. She shared her impression that ultimately the land use elements' goals strive to provide the opportunity to develop residential areas to suit the different consumer preferences, tastes and purchasing abilities. She pointed out Policy #12 which supports multi- family use in the commercial zone. She noted all of the issues staff looked in considering the applicant's request for a zone change from commercial /recreational to R- M:1500, which would thus allow 200 units to be built. Among the staff's findings, she stated that the rezone would be consistent with the established land use pattern, and that housing for all socio- economic groups would be consistent with the General Plan and could benefit the surrounding commercial uses. She deferred water and sewer availability to the time of the building permit issuance and mentioned the construction of two traffic signals that are noted in the traffic analyses in the Council's packets on the matter. Associate Planner Bendorff gave an overview of the site plan, discussing design, recreational amenities, landscaping, access and parking. He elaborated on the four controversial issues of availability of water and sewer, affordable units, potential traffic impact and visual impact and referred to a memo from City *City Council /Community Development Commission /Rohnert, Park Financing Authority /Rohnert Park Housing Financing Authority/ .Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(12) Engineer Gaffney about the water availability and the traffic study. As far as affordability, he stated that the City does not currently have an inclusionary mandate in place. As far as visual impact, he noted that the three -story units would be 50 feet from the Golf Course Drive curb line. He closed by recommending the Council to approve the application as recommended by the Planning Commission. Councilmember Spiro inquired whether the Golf Course parking lot was a public facility and Planning Director Schulenburg stated that it is. Vice Mayor Mackenzie asked City Attorney Strauss if the Council had the ability to require affordable units, and she responded that the question of affordability comes up in the rezoning ordinance. Councilmember Flores inquired what the range is for affordable housing, and Planning Director Schulenburg explained that, based on 199 statistics, for a single person or two person home, rent and utilities cannot exceed $1,140 a month; furthermore, the applicant would be asking $950 for a one bedroom. Councilmember Reilly raised questions about the traffic impact, specifically the four stop lights and the railroad crossing. City Engineer Gaffney briefly explained that Golf Course Drive would be widened to match Wilfred Drive and that Commerce Boulevard would be realingned north of the ramps to sweep over to the east. � 011 • aK - V - IL41 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. . Councilmember Spiro elaborated on her desire to see the lack of adequate parking remedied before she could lend her full support to the project. Planning Director Schulenburg stated that in the current parking ordinance, for three bedrooms or less, only two spaces are required per unit. She said she would seek the advice of the City Attorney to determine if the Council had some discretion to increase the parking, . if needed. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert-Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(13) PUBLIC HEARING: Mayor Vidak- Martinez opened the public hearing at approximately 10:06 p.m. Citizens submitted speaker cards and shared verbal and /or written comments expressing support or opposition to the planning and zoning matters of the A G Spanos Corporation proposed prolect. (Ordinance for introduction, No. 656; and Resolution for adoption, No. 2000 -37) OPPOSE 1. David Grabill, 1930 Alderbrook Lane, with the Sonoma County Housing Advocacy Group OPPOSE 2. Jim Cronin, 205 Alma Avenue OPPOSE 3. George Barkhurst, 4601 Flores Street OPPOSE 4. Leland Kolb, 4627 Fairway Drive SUPPORT 5. Jeff Rodrigues, 6056 Diane Court, SSU student OPPOSE 6. Albert Perron, 4735 Fairway Drive, 24 -year resident SUPPORT 7. Susan Adams, 1413 Gold Way OPPOSE 8. Shawn Kilat, 1374 Rebecca Way, from the Planning Commission SUPPORT 9. Robin Bleckwehl, 5000 Roberts Lake Road, President CEO Rohnert Park Chamber of Commerce SUPPORT 10. Jeff James, 5000 Roberts Lake Road., Rohnert Park Chamber of Commerce (Distributed letter) SUPPORT 11. Tom Miller, 5000 Roberts Lake Road, Board of Directors of the Rohnert Park Chamber of Commerce SUPPORT 12. Tamara Davis, 903 Hacienda Circle, Chair of Government Affairs Comm., RP Chamber of Commerce OPPOSE 13. Charles Kitchen, 4457 Hollingsworth Circle SUPPORT 14. Tom Allen, Representative of the A.G. Spanos Companies There being no one further desiring to speak, Mayor Vidak- Martinez closed the public hearing at approximately 10:54 p.m. Questions and remarks stemming from public comments included: *Council should consider adding inclusionary zoning in the new General Plan to identify sufficient sites for affordable housing for the low to very low income segment of the population. *200 units and approximately 400 residents generally translates into 500 vehicles, creating gridlock and other traffic and parking problems. *High- density units could adversely affect the nearby property values. *How will the lighting from the building affect the neighbors? *City Council /Community Development Commission /Rohnert.Park Financing Authority /Rohnert Park Housing Financing Authority / Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(14) *Is the Fire Department adequately.equipped for third- floor rescues? *Will children be safe on Golf Course Drive with the increased traffic; even though there are two other busy thoroughfares with schools located on them? *Rents are moderately priced and good for people who can't afford a down payment but want a certain quality of living. *Project meets the major concerns of the General Plan, especially because the high density nature of it addresses urban sprawl. *Request for a visual impact analysis to determine if the building will be looming and imposing or if the shadows will be slight. *Suitable locations for a railroad station and a transit site should be identified now and included in the General Plan. *High technology companies are having difficulty recruiting and retaining skilled employees due to lack of upscale apartments with quality amenities. *Project would allow the local workers to live in Rohnert Park and walk and ride bikes to work. *Lower - priced apartments would be freed up as middle - income people move into the project. *Parking for the Golf Course and the Jazz Festival could pose a major problem. *Peak levels of traffic for an apartment building are minimal compared to other commercial uses, and project would accommodate all parking on -site. Council discussion included comments as follows: *Vice Mayor Mackenzie asked of City Attorney Strauss if the Council was sitting at a properly noticed meeting to address the above listed issues, absent the duly revised minutes of the Planning Commission. She responded that only the recommendation of the Planning Commission is legally required. She further clarified some questions on amending the General Plan to introduce the affordability issue. *Councilmember Reilly asked if the Stadium was the original site of this project. City Manager Netter clarified that it was, but that there were certain issues that prompted another site search. *Councilmember Spiro indicated that she can only support the project with a plan for additional parking. She requested that the Council consider the parking issue closely. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(15) *Councilmember Flores reiterated the need for affordable housing and the importance of the City's efforts to maintain families and satisfy the employment needs of companies that come to Rohnert Park. *Councilmember Reilly commented that affordable housing comes about through building. He did express concern over the location and asked the City to quantify the amount of water it has. *Mayor Vidak- Martinez discussed the water and sewer issues, as well as the dire need for housing in Rohnert Park. She believes the project would shake lose other affordable housing. She reiterated the benefits of high density building near transit, and she reminded the audience that Rohnert Park is home to Sonoma State University. *Vice Mayor Mackenzie then called for certain changes in the Mitigated Negative Declaration to include clarification on water and sewer issues. *Councilmember Flores was advised by City Attorney Strauss that any action on environmental documents must be before action on the zoning and the General Plan. He added that additional information on water and sewers would be an asset to the Council. *Vice Mayor Mackenzie stressed the merits of getting a more clear understanding of the amount of water used by the apartment complex, the wastewater treatment and the amount of water available in Rohnert Park. He stated that all water, waste treatment and parking analyses should be made available to the Council and the community. He expressed his desire to see interest in an affordability provision and a parking study. For the record, he reminded the audience that he believes in in -fil development as well as high density housing next to the railroad corridor. *Mayor Vidak- Martinez clarified that before permits are issued, water and sewer capacities are known. She then called Mr. Allen of the Spanos project up to comment on his perception of what the impact of economic and financial feasibility on the project would be were it to include 15 affordable units. *Councilmember Spiro asked Mr. Allen for more information on various alternatives to the parking problem. *City Council /Community Development Commission /Rohnert ;Park Financing Authority /Rohnert Park Housing Financing Authority /, Rohnert Park District. City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8,.2000 Page(16) Ordinance for Introduction: No. Rezoning One (1) Parcel Totaling 8.4 Acres Resolution for Adoption: No. Approving an Amendment of the General Plan Land Use Map and Architectural and Site Plan Review and Certification of the Mitigated Negative Declaration for a 200 -Unit Apartment Project Upon motion by Vice Mayor Mackenzie, seconded by Councilmember Spiro, the ordinance considered for adoption failed by an 0 -5 vote until further analyses of water, sewer and parking are made available to Council. Planning Director Schulenburg indicated that it would take more than two weeks to gather all of the requested information. Upon motion by Vice Mayor Mackenzie, seconded by Councilmember Flores, continuance of the public hearing to the March 14, 2000 meeting without requirement for.renotification was unanimously approved. 2)City Center and Library - Environmental Review Process Planning Director Schulenburg summarized the staff report and touched on three major points: an initial study for the Library with a Negative Declaration; updated traffic analyses for the Library; and a complete project description for the City Center so staff can move forward with a Program EIR. Councilmember Flores asked that the areas north of the Library be refocused on in the next EIR. A motion was made by Vice Mayor Mackenzie and seconded by Councilmember Flores to accept staff recommendations to proceed with the Library EIR first, and then for the Council to complete the project description for the remainder of City Hall. The motion was unanimously approved. *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(17) 13. PRESENTATION OF FINANCIAL STATEMENTS: Finance Director Harrow gave a brief summary of the status of certain financial reports. He was pleased to report that there were no instances in preparing the reports in which he was required to report internal control weaknesses. He also said there will be significant changes in the way financial statements are presented, requiring staff training. *CITY OF ROHNERT PARK Comprehensive Annual Financial Report and Management Letter *CITY OF ROHNERT PARK Transportation Development Act (TDA) Fund *CITY OF ROHNERT PARK Agree -Upon Procedures Report for the Appropriations Limit Calculation *COMMUNITY DEVELOPMENT COMMISSION Independent Auditor's Report * ROHNERT PARK FINANCING AUTHORITY Independent Auditor's Report * ROHNERT PARK HOUSING FINANCING AUTHORITY Independent Auditor's Report Upon motion by Vice Mayor Mackenzie, seconded by Councilmember Spiro, acceptance of the 1998 -99 Comprehensive Annual Financial Reports was unanimously approved. 2)Staff Presentation of Financial Report for Fiscal Year End, June 30, 1999. 3)Staff review of Six -Month Financial Report as of December 31, 1999 4)Discussion of 2000 -2001 Budget City Manager Netter indicated that it would be appropriate to review and discuss Items 2, 3 and 4 at the next Budget /Finance Work Session scheduled later this month. 14. LIBRARY PROJECT (Item No. 16 on the Agenda) Mayor Vidak- Martinez moved Item No. 14 forward on the Agenda. 1)Counci1 review of 1/25/00 Work Session Council concurred to proceed as discussed. *City Council /Community Development Commission /Rohnert.;Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(18) 2)Contract extension with David Sabsay City Manager Netter commented that he feels it is important to keep David involved in the library process. Upon motion by Councilmember Reilly, seconded by Councilmember Spiro, extension of the contract with David Sabsay was unanimously approved. 15. WASTE MANAGEMENT CONTRACT MATTERS: (Item No. 14 on the Agenda) 1)Waste Management Contract Process - Status Report 2)Hiring Waste Management Consultant City Manager Netter emphasized the need for direction in the process of addressing the City's future needs for waste reduction, recycling, waste diversion and refuse collection services. Management Analyst Fogle briefly commented on the recommended procedures and processes. She pointed out that it will be important to secure a consultant to put the process together. Mayor Vidak- Martinez noted that the process is in the information - finding stage to bring the information together. Councilmember Reilly and Councilmember Spiro discussed with City Manager Netter various ways to get the waste diversion in Rohnert Park down to 50%. Management Analyst Fogle recommended a complex rate analysis- 1 ___ . Vice Mayor Mackenzie made a motion to accept the recommendations of staff for this matter. Councilmember Flores seconded, and the motion was unanimously approved. 16. MATTERS FROM /FOR COUNCIL: (Item No. 20 on the Agenda) 1) Consideration of a Library Mural committee *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District City of Rohnert Park *CONCURRENT MEETINGS Minutes February 8, 2000 Page(19) Councilmember Flores expressed his desire to have the Council specifically designate individual members to work with the architects and engineers in developing a process for a mural or murals in the Library. He wants the selection of two representatives respectively from the Cultural Arts Corporation, the Association for the Arts, the Library Steering Committee and the Library Advisory Board, with the Mayor as liaison. Councilmember Flores made a motion in favor of moving the consideration of a Library Mural Committee to an action item on the next agenda. Councilmember Spiro seconded, and the motion was unanimously approved. 17. COMMUNICATIONS (No. 19 on the Agenda) Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Due to the lateness of the hour, the remaining items as listed on the Agenda were provided for Council's information and /or deferred to a later date. 18. ADJOURNMENT: There being no further business, Mayor Vidak- Martinez adjourned the meeting at approximately 11:55 p.m. I 4k�= Katy Leonard, Certified Shorthand Reporter CSR No. 11599 V,CL";i/ - (-"-:; �--< - r,- Vicki Vidak- Martinez, Mayor *City Council /Community Development Commission /Rohnert Park Financing Authority /Rohnert Park Housing Financing Authority/ Rohnert Park District