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2003/03/11 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY March 11, 2003 Tuesday The Concurrent Meetings of the City of Rohnert Park for the City Council, the Community Development Commission, . and the Rohnert Park Financing Authority met this date in Regular Session for a regular meeting to commence at 6:30 p.m. in the Council Chambers, 6750 Commerce Boulevard, Rohnert Park, with Mayor Vidak- Martinez presiding. CALL TO ORDER: Mayor Vidak- Martinez CALLED the Regular Session to order at 6:30 p.m. ADJOURN TO CLOSED SESSION: Mayor Vidak - Martinez ADJOURNED the Regular Session to Closed Session at 6:30 p.m. REGULAR SESSION: Mayor Vidak- Martinez ADJOURNED Closed Session at approximately 7:05 p.m., and the Councilmembers RESUMED Regular Session at approximately 7:08 p.m. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, and Spradlin; Vice Mayor Nordin; and Mayor Vidak- Martinez Absent: (0) None Staff present for all or part of the meeting: Acting City Manager Bullard, City Attorney Strauss, Planning and Community Development Director Kaufman, Public Works Manager Stephens, and Associate Planner Bendorff. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page ( 2) STUDY SESSION: A Study Session from 6:00 to 6:30 to discuss Budget Matters: Level of Service - Finance Department was CAtvCELLED due to Finance Director Lipitz' absence due to illness. PRESENTATION OF FLAGS /PLEDGE OF ALLEGIANCE: Girl Scout Service Unit No. 6, Konocti Council, presented the flags and led the pledge of allegiance. Mayor Vidak- Martinez thanked the various Girl Scouts and briefly commented on the history of the Girl Scouts, celebrating the 91st anniversary of their founding tomorrow. PRESENTATION: NATIONAL WOMEN'S HISTORY PROJECT: Joanne Sotelo shared comments on the origins of the National Women's History Project, which began at Sonoma State University in 1980 to encourage and enable educators to teach about past and present women pioneers/ history- makers /role models. She discussed a new project, "Women Pioneering the Future," and she urged parents to make sure their children are studying women as part of their history curriculum. 1. MAYOR'S REPORT ON CLOSED SESSION: Mayor Vidak- Martinez reported on Closed Session, which commenced at approximately 6:30 p.m. to discuss matters listed on the agenda, representing an update. EMERGENCY MOTION: Mayor Vidak- Martinez REQUESTED to add the following matter to the agenda based on the discussions in tonight's Closed Session: Upon MOTION by Councilmember Flores, seconded by Vice Mayor Nordin, a motion to declare consideration of approving an employment agreement with Carl Leivo as City Manager as an emergency item was UNANIMOUSLY APPROVED. Mayor Vidak- Martinez summarized the terms of the employment agreement with Mr. Leivo, and she called for public comment on said matter. No members of the public responded. Upon MOTION by Councilmember Flores, seconded by Vice Mayor Nordin, and APPROVED 4 -1 with Councilmember Mackenzie dissenting, Resolution No. 2003 -47 approving an employment agreement with Carl Leivo as City Manager was ADOPTED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 page ( 3) FOR THE RECORD, Councilmember Mackenzie stated that he would not vote in favor of the employment agreement with Mr. Leivo. He outlined the process whereby the applications were screened and ultimately four candidates were interviewed. He noted that three of the four final candidates are currently city managers in California, and he expressed his feeling that one of them in particular should have been selected for the position here. He recounted how Mr. Leivo, when he was the Assistant City Manager, at one time openly supported the campaign of one Councilmember. Finally, he indicated that he has been a public servant for over 30 years and that he will work with the candidate selected for the position. Councilmembers shared their perspectives. Councilmember Flores noted Mr. Leivo's years of experience as Assistant City Manager, and Mayor Vidak- Martinez stated that as part of Mr. Leivo's employment agreement, he will have to join the International City Managers Association and adhere to their ethics, which among other things prohibit involvement in local elections. 2. PUBLIC COMMENT: Mayor Vidak- Martinez 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 -5 minutes per appearance, with a 30- minute limit. 1. Seann Pridmore, 785 Becky Court, was recognized and DISTRIBUTED copies of SSU's The Star newspaper to the Council. He requested that Council support a resolution opposing the United States Patriots Act and calling for its repeal. He expressed concern with the act's attack on the Bill of Rights, and he indicated a willingness to help write the resolution. Councilmembers then shared their opinions on the U.S. Patriots Act. 3. STUDENT REPORTS: a. High School - Youth Leadership of Rohnert Park: Second meeting only. b. SSU - Sonoma State University Associated Students, Inc.: No representative present. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page ( 4) 4. PUBLIC FACILITIES FINANCING PLAN - STATUS REPORT: Presentation by consultants Harris & Associates: Planning Director Kaufman introduced Mary Grace Pawson from Harris & Associates. Ms. Pawson narrated a slide show about Rohnert Park's Public Facilities Financing Plan, "Summary of Work, March 2003," and she responded to Council inquiries about the University and Southeast Plans, transportation mitigation fees, and infrastructure expansion issues. Councilmember Mackenzie noted that he would REPORT BACK to the consultants after the Monday, March 17, meeting of Sonoma County Transportation Authority (SCTA)on the matter of transportation impact fees versus the sales tax approach. 5. PARKS AND RECREATION COMMISSION APPOINTMENTS - COUNCIL CONSIDERATION AND ACTION FOR TWO AT -LARGE APPOINTMENTS OF PERSONS WHO HAVE INDICATED A DEEP INTEREST IN PROGRAMS FOR YOUTH AND FAMILIES (PER ORDINANCE NO. 694 ADOPTED JANUARY 28, 2003) FOR TWO -YEAR TERMS TO EXPIRE DECEMBER 31, 2004: Council Discussion /Action: City Attorney Strauss shared the contents of the staff report. Council discussion concluded, and upon MOTION by Councilmember Mackenzie, seconded by Mayor Vidak- Martinez, a motion that the City establish criteria as recommended in the staff report for the two at- large, two -year term positions on the Parks and Recreation Commission, was APPROVED 4 -1 with Vice Mayor Nordin dissenting. Mayor Vidak - Martinez briefly summarized the backgrounds of the four candidates: Bill Butler, David Cohen, Lauri Heanue, and Sachi Hotaling. Upon MOTION by Mayor Vidak- Martinez, seconded by Councilmember Mackenzie, a motion to nominate Lauri Heanue to the at -large position on the Parks and Recreation Commission FAILED 2 -3 with Vice Mayor Nordin and Councilmembers Flores and Spradlin dissenting. Upon MOTION by Councilmember Flores, seconded by Mayor Vidak- Martinez, a motion to nominate Bill Butler to the at -large position on the Parks and Recreation Commission for a two -year term expiring December 31, 2004, was UNANIMOUSLY APPROVED. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page( 5) Upon MOTION by Councilmember Mackenzie, seconded by Mayor Vidak- Martinez, a motion to nominate David Cohen to the at -large position on the Parks and Recreation Commission FAILED 2 -3 with Vice Mayor Nordin and Councilmembers Flores and Spradlin dissenting. Upon MOTION by Councilmember Spradlin, seconded by Councilmember Flores, a motion to nominate Sachi Hotaling to the at -large position on the Parks and Recreation Commission for a two -year term expiring December 31, 2004, was APPROVED 4 -1 with Mayor Vidak- Martinez dissenting. Councilmember Flores noted that he would keep Ms. Heanue and Mr. Cohen in mind for future appointments, and Council thanked them for their interest in the positions. Mayor Vidak- Martinez DIRECTED STAFF to get in touch with the new appointees, Ms. Hotaling and Mr. Butler. 6. COUNCIL COMMITTEE AND /OR OTHER REPORTS: 1. Water Advisory Committee Contractor's meeting, March 3, 2003: Councilmembers Mackenzie and Flores gave brief updates on the following matters: Windsor and Marin Municipal Water District as prime contractors; infrastructure projects - Geysers Project, Russian River /Aqueduct System, Kawana Water Storage System; and Wohler Substation and Emergency Generators Replacement. 2. Other, if any: a. Open Space District Advisory Committee, March 3, 2003, meeting: Councilmember Mackenzie reported that the committee will be forming the Matching Grant Committee. He REQUESTED a progress report from staff regarding the planning efforts for the Community Fields conceptual plan. b. Sonoma County Workforce Housing Linkage Fee Working Group, March 6, 2003, meeting: Mayor Vidak- Martinez reported on her views of the following matters from the meeting: Model ordinance looks like it can be derailed; Rohnert Park needs to focus on increasing affordable housing stock; Supports idea of adding a fee onto the real estate transfer tax; Will attend the next meeting on March 20th. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page( 6) 7. COMMUNICATIONS: Communications per the attached outline were brought to the attention of the Councilmembers. 1. The Rohnert Park City Center Technical Background Report: Mayor Vidak- Martinez ANNOUNCED the Sonoma State University Planning Workshop Class's presentation entitled, "The Rohnert Park City Center Technical Background Report; Presentation of the RP City Center," on Wednesday, March 12, 2003, from 7:30 to 9:30 p.m. in the Council chambers. Councilmember Mackenzie noted that he will be attending the presentation, and Mayor Vidak- Martinez REQUESTED that staff give Councilmembers more advance notice of these types of presentations. 8. MATTERS FROM /FOR COUNCIL, INFORMATIONAL ITEMS, IF ANY: 1. Library Update: Councilmember Flores explained why the library cannot be transferred to the Sonoma County Library System yet, and he REQUESTED a staff update on the timetables for the transfer of the furniture and the acceptance of the building. 2. United States Patriots Act: Councilmember Mackenzie REQUESTED that Council agendize consideration of drafting a resolution repealing the United States Patriots Act. Councilmembers shared their perspectives and staff responded to Council questions. Councilmembers did not express a consensus to agendize said matter, but Council CONCURRED to direct staff to write an affirmation of Council's /staff's commitment to uphold the Constitution of the United States. ***************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10. CONSENT CALENDAR: [Out of order] Mayor Vidak- Martinez asked if there were any questions about the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. The Mayor signified DEFERRAL of two Consent Calendar items as follows: Regular Concurrent City Meetings minutes of February 25, 2003, and Resolution No. 2003 -45 approving a lease agreement with Sonoma County Library for City -owned library building, per City Attorney Strauss' recommendations. *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page( 7) A. APPROVAL OF CONCURRENT MEETING MINUTES FOR: SPECIAL MEETING - FEBRUARY 20, 2003 STUDY SESSION - FEBRUARY 25, 2003 B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL IN THE AMOUNT OF $1,166,426.12 COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $316,381.30 C. ACCEPTING CASH /INVESTMENTS REPORT FOR MONTH END, JANUARY 31, 2003, CONCURRENTLY FOR: CITY OF ROHNERT PARK /CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY D. Resolutions for Adoption: 2003 -40 PROCLAIMING TUESDAY, APRIL 29, 2003, AS "DAY OF REMEMBRANCE OF HOLOCAUST VICTIMS" 2003 -41 CERTIFYING A NEGATIVE DECLARATION AND APPROVING A USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A SELF - STORAGE FACILITY; AND CONCEPTUAL APPROVAL FOR THE CONSTRUCTION OF 96 APARTMENT UNITS ON AN 8.41 ACRE SITE LOCATED ON THE WESTERLY SIDE OF COMMERCE BOULEVARD AT PROFESSIONAL CENTER DRIVE (APN 143- 021- 036)(GREG LeDOUX) 2003 -42 APPROVING AND AUTHORIZING SUBMITTAL OF A JOBS HOUSING BALANCE INCENTIVE APPLICATION TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 2003 -43 APPROVING ASSIGNMENT, CONSENT AND ASSUMPTION AGREEMENT WITH ROHNERT CROSSBROOK ASSOCIATES, LLC, [SACKS] AND U.S. BANK NATIONAL ASSOCIATION ( CROSSBROOK APARTMENTS) 2003 -44 RATIFYING LEASE AGREEMENT FOR A NEW DIGITAL NETWORK COPIER /PRINTER /SCANNER FOR THE CITY ADMINISTRATIVE OFFICE 2003 -46 REJECTING HELEN LAWRENCE LEAVE TO PRESENT A LATE CLAIM APPLICATION *City Council /Community Development Commission/ Rohnert Park Financing Authority City of Rohnert Park *CONCURRENT MEETINGS MINUTES March 11, 2003 Page( 8 ) Upon MOTION by Councilmember Mackenzie, seconded by Vice Mayor Nordin, with the exception of the Regular Concurrent City Meetings minutes of February 25, 2003, and Resolution No. 2003 -45, the Consent Calendar, as otherwise outlined on on the meeting's agenda, was UNANIMOUSLY APPROVED. RECESS: Mayor Vidak- Martinez declared a recess at approximately 8:30 p.m. RECONVENE: Mayor Vidak- Martinez reconvened the Council at approximately 8:35 p.m. with all of the Councilmembers present. 9. STUDY SESSION - DRAFT ZONING ORDINANCE: Planning Director Kaufman and Associate Planner Bendorff continued the review of the Draft Zoning Ordinance. Staff covered Chapter 17.08 Special Provisions, Chapter 17.10 Development Standards, Chapter 17.12 Performance Standards, and Chapter 17.14 Fence, Wall, and Landscape Standards. Council inquired about the following matters: State Density Bonus Law, hazardous waste and materials permits and storage, home occupations - pharmaceutical representatives and driveway vehicle repairs, recreational courts, Floor Area Ratios (FAR's), gated communities, and water conservation for general landscape standards. Planning Director Kaufman INFORMED Council that Mr. Van Logan has prepared several recommendations per the Floor Area Ratios. At the SUGGESTION of Councilmember Flores, staff noted that they would look into the misplacement of a Do Not Enter sign by Costco. 11. PUBLIC COMMENT: Mayor Vidak- Martinez called forward any members of the public wishing to speak. No one responded. ADJOURNMENT: There being no further business, Mayor Vidak- Martinez ADJOURNED the meeting at approximately 9:15 p.m. Katy Leonard Vicki Vidak- Martinez Certified Shorthand Reporter Mayor CSR No. 11599 City of Rohnert Park *City Council /Community Development. Commission/ Rohnert Park Financing Authority