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2003/08/26 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION August 26, 2003 Tuesday The Concurrent Meetings the City Council and the met this date in Regular commence at 6:00 p.m. in 6750 Commerce Boulevard, presiding. Df the City of Rohnert Park for Community Development Commission Session for a regular meeting to the Council Chambers, Rohnert Park, with Mayor Flores CALL TO ORDER /PLEDGE OF ALLEGIANCE: Mayor Flores CALLED the Regular Session to order at 6:02 p.m. ROLL CALL: Present: (4) Councilmembers Mackenzie and Vidak- Martinez; Vice Mayor Nordin; and Mayor Flores Absent: (1) Councilmember Spradlin Staff present for all or part of the Work Session: City Manager Leivo, City Attorney Strauss, and Senior Planner Bendorff. Mayor Flores noted that Councilmember Spradlin would not be present for this meeting. ANNOUNCEMENT: Mayor Flores announced that there will be a Special Meeting of the City Council on Wednesday, August 27, at 6:00 p.m. at City Hall to consider a proposal from the Federated Indians of Graton Rancheria. ADJOURN TO CLOSED SESSION: Mayor Flores adjourned the Council to Closed Session at 6:02 p.m. to consider litigation matters. Mayor Flores reconvened Council at 6:26 p.m. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Flores reported that Council would take no action on Closed Session matters at this time. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(2 ) PLEDGE OF ALLEGIANCE: Mayor Flores led the pledge of allegiance. EMERGENCY ITEM: City Manager Leivo summarized the contents of the Staff Report regarding CourseCo's plans for construction of Foxtail Golf Club Practice Range Renovation. Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, a motion to declare consideration of CourseCo's plans to begin construction of Foxtail Golf Club Practice Range Renovation and their call for sealed proposals an emergency item due to the upcoming rainy season, was APPROVED 4 -0 -1 with Councilmembe.r Spradlin absent. REQUEST TO DEFER: At the request of Councilmember Vidak- Martinez, Council CONCURRED TO DEFER consideration of Agenda Item No. 8, Local Campaign Reform Proposals, until the next agenda when a full Council will be present. 2. SCHEDULED APPEARANCE /PRESENTATION: Anita Felton, 1525 Mathias Place, re opposition to Indian casino: Ms. Felton expressed opposition to an Indian casino being constructed next to the Friendly City of Rohnert Park. She noted several concerns, including increased crime in the area, collection of county and local taxes, mitigation of traffic problems, placement of a casino next to a college town, and the effects on local businesses. She questioned why Councilmembers would meet privately with Craton Rancheria tribal members, and she urged the Council, acting in the best interest of the City, to beware of get- rich -quick schemes. Mayor Flores noted that consideration of an Indian casino in or near Rohnert Park has not come before the Council at this point in time. 3. PUBLIC COMMENT: Mayor Flores stated that in compliance with State law, The Brown Act, members of the public wishing to make a comment may do so at this time, limited to 3 minutes per appearance, with a 30- minute limit. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(3 ) 1. Katie Crump, 6841 Avenida Cala, was recognized and expressed opposition to a casino near Rohnert Park, citing concerns with water /sewer capacity, environmental issues, traffic, and housing. She indicated that the two Councilmembers who met with representatives of the Graton Rancheria violated the spirit of the Brown Act. She encouraged the City to slow down, put credibility back in the process, and put the casino to a vote. 2. H.R. Downs, P.O. Box 127, Penngrove, was recognized and SUBMITTED a letter, ATTACHED TO THE ORIGINAL SET OF MINUTES, from the O.W.L. Foundation (Open Space /Water Resource Protection /Land Use), reminding the Council, in light of future proposed development schemes, of the court order, regarding groundwater pumping rates, that resulted from a settlement with the citizens of Penngrove in litigation about the Rohnert Park General Plan EIR. 3. Van Logan, 2560 West Dry Creek Road, Healdsburg, was recognized and SUBMITTED a letter, ATTACHED TO THE ORIGINAL SET OF MINUTES, expressing a desire that the Proponents of the Northeast Specific Plan be treated equally with the Proponents of the Northwest, Southeast, and University Specific Plans regarding allotments for residential building permits. He noted that the Proponents of the Northeast Specific Plan are offering to construct a permanent skateboard park, Teen Center, and accompanying athletic facilities subject to the Council's agreement to award allotments for building permits based on the proportionate projected housing units as shown in the City's General Plan. 4. Maurice Fredericks, 242 Alden Avenue, was recognized and indicated that he would speak at the respective times the Community Fields and the Spanos project come up. 5. Tom Thunderhorse, 7533 Bobbie Way, was recognized and covered three matters as follows: (1) Opposed to housing at the Southwest Shopping Center site; (2) Supports casino as it will generate funds; (3) Concerned about a meeting last week regarding the Southwest Shopping Center site at which City Manager Leivo appeared not to be listening attentively to all the speakers. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(4 ) 6. Art Tanton, 201 Southwest Boulevard, was recognized and expressed opposition to low- income housing at the Southwest Shopping Center site. He outlined his efforts in rebuilding and maintaining the shopping center, and he expressed his concern with the lack of support and timely responses from the police when problems arise. He discussed the impact on business owners of the talk of housing at the shopping center site, and he urged the Council to better notify the shopping center, business owners, and the public of intentions to build housing on a site. He also expressed the opinion that a casino would destroy local businesses. f Mayor Flores noted that unless the owner of said site is willing to sell his property, no housing project will be realized. 7. Ralph Geissler, San Francisco, was recognized and, as owner of the Southwest Shopping Center, discussed a notice he received about bringing the site up to seismic codes. He requested that the value threshold of $10,000 for structural alterations, repairs or remodels, which would then require seismic retrofitting on pre -1976 concrete tilt -up buildings, be increased to $100,000 so owners would have enough money to spend on the building. Mayor Flores noted that one of the City's Building Inspectors sent a letter about this matter which the Council will review later in the meeting. 8. Martin DeWitt, 7562 Adrian Drive, was recognized and, as a representative of CCORP (Concerned Citizens of Rohnert Park), he asked that the Council support having a good portion of the current Spanos project go to low- income housing. He cited community opposition to low - income housing at the Southwest Shopping Center site and concerns about property values and equity of distribution of low - income housing throughout the City. He also noted that Spanos avoided including any low - income housing in his last project on Golf Course Drive as inclusionary housing was not on the books at that time. 4. SKATE PARK PROJECT - DISCUSSION OF SKATE PARK PROPOSAL: 1. Staff Report: City Manager Leivo gave a brief summary of the skate park status. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(5 ) 2. Terriann McGowan, Skate Park Coalition of Rohnert Park: Ms. McGowan of SCORP reviewed the status of the Skate Park Coalition, noting that the Coalition donated money to the City of Cotati for ramps in their skateboard park while efforts continue to raise funds for a permanent skateboard park in the City. 3. Joe T. Callinan, Presentation on behalf of Board & Blades: Mr. Callinan, on behalf of the nonprofit group Board & Blades, indicated that his local group has raised and is willing to donate $250,000 to the construction of a permanent skateboard park site with two stipulations: (1) That the skateboard community give $30- to $40,000, the City give $60- to $70,000, along with Board & Blades' $250,000 for the construction of a $350,000 permanent skateboard park; (2) That no monies go to a temporary skateboard park. 4. Public Comments: None. 5. Council Discussion /Action: Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion to DIRECT THE CITY MANAGER to meet with SCORP and Board & Blades and to return to Council with a Staff Report /Action Plan for a permanent skateboard park, including a mechanism to accept the money and how to spend the money on appropriate designers, was APPROVED 4 -0 -1 with Councilmember Spradlin absent. 5. COMMUNITY FIELDS PROJECT - DISCUSSION OF COMMUNITY FIELDS PROJECT: 1. Staff Report: City Manager Leivo shared the contents of the Staff Report. He noted that he RECEIVED A FAX today from Brookfield Homes requesting that the University District Specific Plan Area be considered as a priority area for allocation of building permits. Staff responded to Council questions about permanent preservation of Open Space lands. 2. Public Comments: Mayor Flores called forward members of the public desiring to speak on this matter. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(6 ) 1. Maurice Fredericks, 242 Alden Avenue, was recognized and expressed concern with a proposal to the City to swap building permit allocations for land to build Community Fields on. He questioned building a baseball stadium or skateboard park on said fields, and he inquired about water, sewer, and lighting for the project. He asked the Council why it would consider building more pools when the City cannot keep all of the current pools open. Councilmember Mackenzie took a moment to inform members of the audience arriving for Agenda Item No. 8, Local Campaign Reform Proposals, that said item had been deferred. 2. Dan Hubley, and reminded similar deal in this case exchange for permits, and 2.P. Planning Commissioner, was recognized the Council that several years ago a was before the City Council. He noted that the City would get a 72 -acre site in an allocation of residential building he expressed support for a skateboard park. 3. Council Discussion /Action: Vice Mayor Nordin discussed his vision of a regional sports complex and indicated he has talked to investors willing to invest in such a project. Councilmember Mackenzie expressed concern (1) with a regional sports center on that site and how it relates to the City's agreement with the,County of Sonoma; and (2) with how the City will prioritize the awarding of building permits. Councilmember Vidak- Martinez recounted the lost opportunity in 1995 with the same property, and she expressed her support for staff to proceed. She also noted her support for the University District's priority in terms of allocation of building permits. Mayor Flores shared brief comments on the General Plan and the City's agreement with the County /LAFCO. Upon MOTION by Councilmember Vidak- Martinez, seconded by Vice Mayor Nordin, a motion to DIRECT STAFF (1) to proceed with researching and reporting back on the Community Fields Project and related proposals; and (2) to bring said matter back for a discussion of the Councilmembers' comments /concerns as noted above, was APPROVED 4 -0 -1 with Councilmember Spradlin absent. Councilmember Mackenzie noted that review of the Economic Development Strategy Plan will call for a thorough analysis of the revenue - generating capabilities of recreational activities in Rohnert Park. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(7 ) 6. UNIFORM BUILDING CODES - CONSIDERATION OF AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 15, BUILDING AND CONSTRUCTION, ADDING CHAPTER 15.42, SEISMIC RETROFIT REQUIREMENTS: 1. Staff Report: City Attorney Strauss gave a brief report regarding a conflict -of- interest problem with three Councilmembers and the proposed amendment. On the advice of City Attorney Strauss, Council CONCURRED TO DEFER said item to the next Council meeting with a full Council present. 2. PUBLIC HEARING: None held; Item deferred. City Attorney Strauss ANNOUNCED that members of the public could submit written comments to her or contact her by telephone at 588 -2214 with their comments. 3. Council Discussion /Action: Ordinance for Introduction: No. 704 AMENDING ROHNERT PARK MUNICIPAL CODE TITLE 15, BUILDING AND CONSTRUCTION, ADDING CHAPTER 15.42, SEISMIC RETROFIT REQUIREMENTS Item DEFERRED. 7. PLANNING AND ZONING MATTERS: 1. File PL2002- 024UP /SR - Consideration of an application from A.G. Spanos Corporation for a Use Permit and Site Plan and Architectural Review to construct 232 Apartment Units (Redwood Creek Apartments) at the Northwest Corner of Rohnert Park Expressway and Labath Avenue (APN 143 -391 -002, -003, -004), including adoption of the Mitigated Negative Declaration in compliance with the California Environmental Quality Act: a. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report and responded to Council inquiries about affordable housing. b. PUBLIC HEARING: Mayor Flores opened the Public Hearing at 8:13 p.m. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(8 ) 1. Tom Allen, A.G. Spanos Corporation,1341 West Robinhood Drive, Stockton, was recognized and shared brief details about the project. Mr. Allen and City staff responded to Council questions about inclusionary housing, the location of affordable housing throughout the project, and wastewater treatment capacity. 2. Maurice Fredericks, 242 Alden Avenue, was recognized and inquired of Mr. Allen and City staff if there were any low - income apartments in Spanos' Mountain Shadows Apartments. City Manager Leivo indicated that the requirement for affordable housing was not in place at that time. Mr. Fredericks also asked about a rent schedule and occupancy levels of low - income units at Mountain Shadows. Councilmember Mackenzie noted that on July 25, 2000, he was one of two votes against grandfathering out the Mountain Shadows Apartments project from meeting the requirements for affordable housing. 3. Debbie Bailey, 7491 Adrian Drive, via letter SUBMITTED and read by Senior Planner Bendorff, expressed a desire to see low - income housing more equitably located throughout the City. She indicated that the Southwest Boulevard potential site should not be considered due to the large volume of traffic. She recommended that the Spanos Corporation be required to build the low - income housing it did not have to build at the time Mountain Shadows Apartments was constructed before the corporation be given another building permit for future developments. Mayor Flores closed the Public Hearing at 8:27 p.m. c. Council Discussion /Action: Councilmembers shared brief comments about affordable housing in Rohnert Park. Resolution for Adoption: 2003 -191 CERTIFYING A MITIGATED NEGATIVE DECLARATION AND APPROVING A USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF 232 APARTMENT UNITS ON A 12.3 -ACRE SITE LOCATED AT THE NORTHWEST CORNER OF ROHNERT PARK EXPRESSWAY AND LABATH AVENUE (APN 143 - 391 - 002, -003, AND -004) (A.G. SPANOS CORPORATION - REDWOOD CREEK APARTMENTS) *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(9 ) Upon MOTION by Vice Mayor Nordin, seconded by Councilmember Mackenzie, and APPROVED 4 -0 -1 with Councilmember Spradlin absent, reading was waived and Resolution 2003 -191 was ADOPTED. 2. File PL2003 -035SR - Consideration of an Application to Appeal the Planning Commission decision on the Architectural Review of proposed changes to an existing Service Station /Food Mart at 5060 Redwood Drive (APN 045 -081 -020): a. Staff Report: Senior Planner Bendorff shared the contents of the Staff Report. Council had no questions. b. Public Comments: Mayor Flores called forward members of the public interested in commenting on this matter. 1. Ron DuHamel, of ARC Inc. Architects for Trammell Crow/ Shell Oil Products, was recognized and briefly summarized Shell's renovation process. Mr. DuHamel reviewed the revisions made per the Planning Commission's recommendations, and he requested some modifications to the approved design criteria as defined by the Planning Commission in Resolution 2003 -35. Furthermore, Mr. DuHamel requested Council and staff feedback. c. Council Discussion /Action: Councilmembers expressed a desire not to have an excessive amount of illumination or too much yellow in the canopy or signage. Mr. DuHamel described one more alternative for Council consideration. Councilmember Vidak- Martinez noted that that area is slated for economic development and that she would like a gas station /food mart that fits in such an area. She recommended that only the "Shell" be highlighted and that the lighter shade of yellow be used to blend in with the early California decor of the local buildings. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(10) Resolution for Adoption: 2003 -192 DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW OF PROPOSED CHANGES TO AN EXISTING SERVICE STATION/ FOOD MART AT 5060 REDWOOD DRIVE (APN 045 -081 -020) (RON DuHAMEL, ARC Inc.) Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, and APPROVED 4 -0 -1 with Councilmember Spradlin absent, reading was waived and Resolution 2003 -192 was ADOPTED with DIRECTIONS TO STAFF to refer said matter back to the Planning Commission with a Staff Report outlining Council's comments and conveying Council's support for the revisions reviewed. 8. LOCAL CAMPAIGN REFORM PROPOSALS - CONSIDERATION OF LOCAL CAMPAIGN PROPOSALS: 1. City Attorney Report: Item DEFERRED per the request of Councilmember Vidak- Martinez. 2. Council Discussion /Direction: None. 9. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Issues Subcommittee, August 19, 2003, meeting: Councilmember Mackenzie and Mayor Flores reported on the following matters: (1) Update from Randy Poole and the MOU re Water Transmission System Capacity Allocations during Temporary Impairment; (2) Need for additional EIR to get more water for contractors; and (3) Storm water and sewer studies important in terms of Specific Plan Areas and General Plan. 2. Golf Courses Subcommittee, August 19, 2003, meeting: Mayor Flores reported on the following matters: (1) Residents pleased with the trees planted; (2) Council to review golf cart recommendations; and (3) CourseCo's request to modify and improve the practice range as indicated in this evening's Emergency Item. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Rage(11) EMERGENCY ITEM: City Manager Leivo restated CourseCo's plans for the Foxtail Golf Club Practice Range renovation. Mayor Flores called forward Raymond Davies, CourseCo Director of Golf Course Maintenance & Construction, who noted that this project will mark the completion of the North and South courses. In response to a Council inquiry, Mr. Davies indicated that 200 redwood trees would be planted around the perimeter for beautification and to solve a drainage problem. Emergency Resolution for Consideration: 2003 -207 CALLING FOR SEALED PROPOSALS FOR FOXTAIL GOLF CLUB PRACTICE RANGE RENOVATION (PROJECT No. 2003 -16) Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, and APPROVED 4 -0 -1 with Councilmember Spradlin absent, reading was waived and Emergency Resolution 2003 -207 was ADOPTED. 3. California Junior Miss Program, August 14 -16, 2003: At the request of Mayor Flores, City Manager Leivo confirmed the dates for the 2004 California Junior Miss in Rohnert Park. Mayor Flores commented on the importance of the program, and City Manager Leivo referred Council to the agreements provided in the Staff Report. Mayor Flores REQUESTED that City Manager Leivo report back to Council after California Junior Miss officials complete their evaluation of this year's event. 4. Other, if any: a. National League of Cities' Leadership Training Summit: Councilmember Vidak- Martinez reported on the success of the summit, which attracted approximately 100 participants. Councilmembers thanked Councilmember Vidak- Martinez for bringing the summit to Rohnert Park. 10. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. No communications were discussed. *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(12) 11. MATTERS FROM /FOR COUNCIL - INFORMATIONAL ITEMS, IF ANY: 1. Russian River Watershed Association: Councilmember Mackenzie ANNOUNCED a meeting this Thursday, August 28, to continue with matters related to the Executive Director mechanism and budget work plans. 2. Sonoma County Transportation Authority: Councilmember Mackenzie ANNOUNCED the September 8 meeting of SCTA, which he will not be able to chair, but will try to get a report back to Council. 12. CITY MANAGER'S REPORT: 1. Purchase of new Vac -con for the Public Works Sewer Department: City Manager Leivo gave an overview of the Staff Report. 2. Other informational items, if any: Letters of No Effect: City Manager Leivo reported that the City has received Letters of No Effect via e -mail for the Kisco project, the University District Specific Plan Area, and the Northeast Specific Plan Area. 13. CONSENT CALENDAR: Mayor Flores asked if there were any questions about the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. No matters were discussed. A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: REGULAR CONCURRENT CITY MEETINGS - AUGUST 12, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $964,546.97 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $138,225.68 C. RESOLUTIONS FOR ADOPTION: 2003 -193 RECOGNIZING THE MONTH OF SEPTEMBER AS "NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH" 2003 -194 SUPPORT SEPTEMBER, 2003, AS "LITERACY MONTH IN ROHNERT PARK" *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(13) 2003 -195 SUPPORTING 2003 SPARE THE AIR CITY AND COUNTY CAMPAIGN 2003 -196 APPROVING AND AUTHORIZING THE REQUESTPARTNER APPLICATION HOSTING AGREEMENT AND THE BERRYMAN AND HENIGAR REQUESTPARTNER GRANT PROGRAM TERMS 2003 -197 APPROVING AN AMENDED ENVIRONMENTAL CONSULTANT LIST AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS PERTAINING TO THE PREPARATION OF ENVIRONMENTAL DOCUMENTS 2003 -198 APPROVING AN AGREEMENT WITH BRELJE AND RACE ENGINEERS FOR THE WATER MODEL STUDY PHASE 2 FOR AN AMOUNT NOT TO EXCEED $76,000 2003 -199 APPROVING TASK ORDER No. 2003 -3 WITH WINZLER & KELLY ENGINEERS FOR PROJECT OVERSIGHT OF THE CITY CAPITAL IMPROVEMENT PROGRAM 2003 -200 ACCEPTING THE BIDS AND AWARDING THE CONTRACT TO GOEBEL PAVING, INC., FOR THE COMMERCE BOULEVARD BIKE PATH PROJECT No. 2000 -8 2003 -201 APPROVING CONTRACT CHANGE ORDER No. 1 -FOR THE COMMERCE BOULEVARD BIKE PATH PROJECT No. 2000 -08 2003 -202 CALLING FOR SEALED PROPOSALS FOR BENICIA PARK BASKETBALL COURT PROJECT No. 2003 -09 2003 -203 CALLING FOR SEALED PROPOSALS FOR VARIABLE FREQUENCY DRIVE REPLACEMENT PROJECT No. 2003 -10 2003 -204 ACCEPTING COMPLETION AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION FOR RESIDENTIAL WATER METER INSTALLATION PROJECT No. 2001 -05 2003 -205 ACCEPTING COMPLETION AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION, SPRECKELS PERFORMING ARTS FREEWAY MESSAGE CENTER PROJECT No. 2001 -04 2003 -206 ACCEPTING COMPLETION AND DIRECTING THE CITY ENGINEER TO FILE NOTICE OF COMPLETION, AT -GRADE RAILROAD CROSSINGS, PROJECT No. 1995 -07 *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(14) D. ORDINANCES FOR ADOPTION: No. 702 AMENDING SECTION 5.34.030H OF THE ROHNERT PARK MUNICIPAL CODE RELATING TO PUBLIC RIGHTS OF WAY No. 703 AMENDING SECTION 3.16.020 OF THE ROHNERT PARK MUNICIPAL CODE REDUCING THE RATE OF THE REAL PROPERTY TRANSFER TAX E. ORDINANCE FOR INTRODUCTION: No. 705 AMENDING ROHNERT PARK MUNICIPAL CODE SECTION 2.040.080, POWER OF APPOINTMENT, SECTION 2.04.210, SERVICE AS CITY CLERK F. COMMUNITY DEVELOPMENT COMMISSION MATTERS: 2003 -12 APPROVING AN AMENDMENT TO THE PRE - DEVELOPMENT AGREEMENT WITH BURBANK HOUSING DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF AFFORDABLE HOUSING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE THE AGREEMENT 2003 -13 APPROVING PROCEDURES AND EXPENDITURE OF AN AUDIT TO BE PERFORMED BY MACIAS GINI & COMPANY OF PETALUMA PEOPLE SERVICES RECORDS Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, a motion to approve the Consent Calendar as outlined in the agenda, was APPROVED 4 -0 -1 with Councilmember Spradlin absent. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 14. PUBLIC COMMENT: 1. Stephen Troth, 44 Laurel Court, was recognized and, as GSMOL of Valley Village, expressed several concerns/ questions as follows: (1) Residents are being assessed for the owner's water and sewer; Mayor Flores DIRECTED STAFF to investigate this concern and prepare a report for Council consideration; (2) How can the residents make the owner liable for the very poor condition of the streets ?; (3) Are the owners allowed to keep adding backrent on residents' monthly statements? - Mayor Flores indicated the City just received word that the owner is going to start another lawsuit to put backrent back on monthly statements; (4) Why did the City's agreement with Comcast not include a senior discount? - City Manager Leivo indicated that the City has no authority to regulate a cable company's rates; (5) Report that the owners would not permit Comcast *City Council /Community Development Commission City of Rohnert Park *CONCURRENT MEETINGS MINUTES August 26, 2003 Page(15) into the park to install digital cable; (6) Will Council support Valley Village being sold to a management property company such as the one that bought Rancho Feliz, Las Casitas de Sonoma? - City Manager Leivo outlined some options, and Mayor Flores SUGGESTED a sequential program, first finding out if the owner is willing to sell; (7) Also, expressed support for a casino so it would be easier on the seniors who enjoy monthly trips to casinos. ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the meeting at approximately 9:27 p.m. Katy Leonard Certified Shorthand Reporter CSR No. 11599 Armando Flores Mayor City of Rohnert Park *City Council /Community Development Commission 8/26/2003 Rohnert Park City Council 6750 Commerce Boulevard. Rohnert Park, California 94928 Dear City Council Members; O.W.L. Foundation President, H.R. Downs Secretary, Deborah Hunt Treasurer, Heidi Dieffenbach -Carle www.Penngrove.info ( nAAA Regarding future proposed development schemes that have appeared in the press, one that includes houses and another concerning a hotel/casino complex, I would like to remind the City Council of Rohnert Park of the court order that resulted from a settlement with the citizens of Penngrove in litigation about the Rohnert Park General Plan EIR. Particularly this section: G. The EIR anticipates that maximum pumping from the City's municipal wells will not exceed 2.3 mgd to accommodate City water needs pending the anticipated receipt of 15 mgd from the SCWA. (EIR at p.4 -142 , AR17:7291.) Consistent with the EIR, and based on substantial evidence, the City shall not approve any discretionary project outside of the 1999 City boundaries whose net consumptive water use impact on City's water supply will contribute to the City exceeding an average annual groundwater pumping rate of 2.3 mgd from municipal wells and any private wells permitted by the City subsequent to the entry of Judgment. This provision shall not be interpreted as a determination or an agreement that pumping at 2.3 mgd at any point in time is, or is not, safe yield. One newspaper report claimed that the hotel/casino complex, for example, would sink multiple thousand -foot wells. If this were to actually transpire, the City of Rohnert Park would be required to make substantial cutbacks to comply with the 2.3 mgd limit. Thank you for your attention to this matter. Regards, H.R. Downs President O. W.L. Foundation VAN NORDEN LOGAN 2560 WEST DRY CREEK ROAD HEALDSBURG, CA 95448 TEL. & FAx 707 - 431 -1665 August 26, 2003 Rohnert Park City Council 6750 Commerce Blvd. Rohnert Park, CA 94928 RE: Northeast Rohnert Park Specific Plan Dear Council Members: a I/ 4V tit A C, f The Proponents of the Northeast Specific Plan desire to be treated equally with the Proponents of the Northwest, Southeast and University Specific Plans regarding allotments for residential building permits. The City Council has tentatively approved the Draft Northeast Specific Plan subject to the findings of an Environmental Impact Report. The Specific Plan states that, at the time of the approval of the first Final Subdivision Map for any of the land within the Specific Plan area, a 4'/2 acre parcel of land designated for a public park be dedicated to the City. The Proponents of the Northeast Specific Plan are offering to construct a permanent Skateboard Park, Teen Center and accompanying athletic facilities on this parcel. This commitment is given subject to the City Council's agreement to award allotments for building permits based on the proportionate projected housing units as shown in the City's General Plan. This concept of proportionate allotments is as shown in the phasing section of the Draft Northeast Rohnert Park Specific Plan on page 64 (copy attached). The development of a park site in this location has been anticipated since the approval of the General Plan and would not require any special permits or approval from any governmental agency except the City of Rohnert Park.. These facilities would be constructed during the first phase of development of any subdivision on any of the Proponent's land. It is anticipated that development of the park would occur in year 2005. The environmental issues associated with development have been thoroughly reviewed and accepted by the various agencies involved. Wetland delineations have been certified by the Corps of Engineers and we have recently received a "Letter of No Effect" from the U.S. Fish and Wildlife Service. Receipt of this letter means that these properties will not require mitigation for the California Tiger Salamander. If the above proposal is acceptable to the City Council, we will prepare a Development Agreement which would secure this commitment. Enclosed is a sketch of the proposed park development and a General Plan diagram showing its relationship to other properties within the future city limits. The park site is an integral part of the future northeast residential developments and is within easy walking distance from the G, H, and E sections of the existing city. Thank you for your consideration of this proposal. VNL /mm enclosures Very truly yours, Van Norden Logan, Corfsultant to the Proponents of the Northeast Specific Plan ARCHITECTURE * LAND PLANNING * REAL ESTATE BROKERAGE Rural Estate Residential (up to 2 un /ac) Low Density Residential (4 -6 un/ac) Medium Density Residential (6 -12 un /ac) High Density Residential (12 -30 un /ac) JIMCommercial N Neighborhood Commercial R Regional Commercial �.m Industrial, Mixed Use Office Public /Institutional Parks 0 Open Space - Environmental Conservation All maps are intended to be consistent with the General Plan Diagram. Additional adjustments to the other maps may be made for consistency urr ;'Ir.c ann'rIn Urean ane Aa9�onai Pirn�e�s j ; Open Space - Agriculture - - - - - -i and Resource Management Community Separator 20 -Year Urban Growth Boundary rxisnsc PROPOSLo o. Major Arterial (4 -6 lanes) -� Minor Arterial (2 lanes) ® ®® Major Collector (4 lanes) ® ®® Minor Collector (2 lanes) Figure 2.2 -1 General Plan Diagram Adopted July 2000 (Rev. II /00) `eboard Park/ i Center/ lic Park Northeast Specific i Rohnert Park, California Phasing It is anticipated that initial development in the Northeast Area will begin in 2004 and that allotments will be granted to the Northeastern Area based on its proportional share of housing units relative to the City's other specific plan areas. Based on this concept, an analysis of available allotments to each specific plan area is shown on Table 8 and 9. Table 8. Allotment Availability Based on proportionate allotments for all residential Specific Plan areas according to General Plan projections. Specific flan Area Projected General Plan Housing Units Average Housing Units Percent University 1,415 -1,610 1,512 40 Northeast 915 -1,085 1,000 26 Southeast 410 -510 460 12 Canon Manor 4 - -- - -- Northwest 800- -900 850 22 Table 9. Projected Allotments per Specific Plan Area Assumes that all areas (except Canon Manor) are annexed to City in 2004, and that the University, Northeast, Southeast, and Northwest areas commit to £und the major infrastructure required. 2004 Allotments a University 900 x 40% = 360 Northeast 900 x 26% = 234 Southeast 900 x 12% = 108 Northwest 900 x 22% — 198 Total 900 2005 and Subsequent University 225 x 40% = 90 Years Allotments Northeast 225 x 26% = 59 Southeast 225 x 12% = 27 Northwest 225 x 22% = 49 Total 225 a To be adjusted subject to allotments awarded within existing city limits Assumptions 1. First building year for annexed acres 2004 2. Available allotments in 2004 for Specific Plan areas: 900 (225 x 4 years) less allotments awarded prior to annexation 3. Annual allotments citywide: 225 /year 4. Assumes Canon Manor does not annex in near future Phasing of development will begin in the northerly area of the Northeast Area. Initially, allotments would be available only to the Proponents of the Specific Plan who will encumber their lands as security for the assessment district(s). The Northeast Specific Plan allotments would be awarded to these Proponents until all the Proponents' projects are fully built out. At that point, allotments would become available to owners of the Remaining Lands. Affordable housing units will be exempted from allotment requirements. The Proponents have agreed among themselves to distribute the initial allotments available to the Northeast Area in a pattern providing an orderly progression of development as indicated in the Phasing Plan presented in Figure 23. The pattern of development of the Remaining Lands will be determined upon applications received for development of those properties after the Proponents' lands have received all of their allotments. Rohnert Park Northeast Area Specific Plan 64