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2021/03/09 City Council Minutes AOµNERT PARR 19 62 CA LI FO Ila MINUTES OF THE JOINT REGULAR MEETING OF THE CITY OF ROHNERT PARK City Council Rohnert Park Financing Authority Successor Agency to the Community Development Commission Tuesday, March 9, 2021 1. CITY COUNCIL/RPFA/SUCCESSOR AGENCY TO THE CDC JOINT REGULAR MEETING - CALL TO ORDER/ROLL CALL Mayor Giudice called the joint regular meeting to order at 5:00 p.m.,the notice for which being legally noticed on March 4, 2021. There was no physical location for this meeting but the agenda included language on how to observe the meeting and how to submit public comment. Participating via Zoom Video Communications: Gerard Giudice, Mayor Jackie Elward, Vice Mayor Susan H. Adams, Councilmember Willy Linares, Councilmember Pam Stafford, Councilmember Absent: None. Staff attending via Zoom Video Communications: City Manager Jenkins, Assistant City Manager Schwartz, City Attorney Kenyon, Director of Public Works and Community Services McArthur, Development Services Director Pawson, Finance Director Bali, Director of Public Safety Mattos, Deputy Director of Community Services Bagley, Housing Administrator Garcia, Senior Code Compliance Officer Kirk, Management Analyst Beran, Senior Analyst L. Tacata, Planning Manager Beiswenger, Environmental Coordinator Bennett, Fire Marshal Thompson, Deputy City Clerk Machado and City Clerk Lopez Cuevas. Staff Present: Information Systems (IS) Operations Manager Rowley. 2. PLEDGE OF ALLEGIANCE Led by Mayor Giudice. ACTION: Moved/seconded (Adams/Stafford) to reorder agenda to move Item 7.D. before Item 7.C. Motion carried by the following 5-0-0 unanimous roll call vote: AYES: Adams, Linares, Stafford, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: None. City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 2 of 8 Disclosure of potential conflict of interest: Mayor Giudice stated that he leases premises in SOMO Village and therefore has a potential financial conflict of interest and will recuse himself from item 7.A. and 7.13. 3. PRESENTATIONS A. Mayor's Certificate of Recognition: Recognizing Home Instead for their continuous support of the Rohnert Park Senior Center Mayor Giudice read the proclamation and presented it to Julie Ann Soukoulis. 4. DEPARTMENT HEAD BRIEFING None. 5. PUBLIC COMMENTS Deputy City Clerk Machado read comments submitted by: Debbie LeBoy, William Lewis, Debbie Misbach, Kelly Child, David Kosmala, Falk and Lenny Dressing, Carrie and Ed Price about Item 6.F. Steve Keith commented about climate emergency and open meetings. 6. CONSENT CALENDAR 6.A Acceptance of Reports for: 1. City Bills/Demands for Payment dated February 17, 2021 through March 1, 2021 2. Successor Agency to the CDC Bills/Demands for Payment dated February 17, 2021 through March 1, 2021 6.13 Approval of Minutes for: 1. City Council/RPFA/Successor Agency Joint Special Meeting, February 23, 2021 2. Foundation Board Special Meeting and City Council/RPFA/Successor Agency Joint Regular Meeting, February 23, 2021 6.0 Acceptance of Report—Councilmember Adams' appointment of Gary Gutierrez to the Bicycle and Pedestrian Advisory Committee to fill a Term Expiring December 31, 2022 6.13 Acceptance of Complete Streets Annual Report for 2020 6.E Acceptance of Annual 2020 Alcoholic Beverage Service Ordinance (ABSO) Report Pursuant to Rohnert Park Municipal Code 8.34.19 6.17 Adopt Resolution 2021-026 Endorsing the Declaration of a Climate Emergency and Immediate Emergency Mobilization to Restore a Safe Climate (CEQA Status: Exempt) 6.G Adopt Resolution 2021-031 Approving the Application for Statewide Park Development and Community Revitalization Program Grant Funds (CEQA Status: Exempt) ACTION: Moved/seconded (Stafford/Adams)to approve the consent calendar. Motion carried by the following 5-0-0 unanimous roll call vote: AYES: Adams, Linares, Stafford, Elward and Giudice NOES: None, ABSTAINS: None, ABSENT: None. Previously having disclosed a Conflict of Interest, Mayor Giudice departed the meeting at 5:23 p.m. and Vice Mayor Elward assumed the gavel. City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 3 of 8 7. REGULAR ITEMS: A. PUBLIC HEARING (Noticed on February 26, 2021): Conduct a Public Hearing and consider approval of the following for the Revised SOMO Village Project: (a) SOMO Village Phase Zero Parcel Map and Deferred Improvement Agreement; (b) the Supplemental Environmental Impact Report; (c) General Plan Amendment; (d) Zoning Ordinance Update; (e) Amended and Restated Development Agreement between the City and SOMO Village, LLC and an Agreement to Comply with and be Subject to Amended Development Agreement between the City, SOMO Village Commercial, LLC, and SOMO Village, LLC; and (f) Revised Final Development Plan and Conditional Use Permit for the SOMO Village Project (PROJ2014-0008). Planning Manager Beiswenger presented this item, including revisions made to this item in the form of a supplemental report. Recommended Action(s): Conduct a Public Hearing and Adopt 1) Resolution 2021-027 Approving the SOMO Village Phase Zero Parcel Map, Authorizing Execution of a Deferred Improvement Agreement and Accepting Subject to Improvement or Rejection Offers of Dedication and Related Actions; 2) Resolution 2021-028 to Certify the Supplemental Environmental Impact Report, and adopt Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program for SOMO Village Project Located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045); 3) Resolution 2021- 029 Approving Amendments to the Land Use Map and text of the General Plan for SOMO Village Project located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051- 045); 4) Waive the first reading and Introduce Ordinance 952, an Ordinance of the City Council of the City Of Rohnert Park, California, Amending Chapter 17.06 Article XV.A the Form-Based Codes for Special Areas and the SV P-D Zoning District respectively, of the City of Rohnert Park Municipal Code, in connection with the SOMO Village Project located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045), including the changes outlined in the Supplemental Staff Report; 5) Waive the first reading and Introduce Ordinance 953, an Ordinance of the City Council of the City Of Rohnert Park approving the Amended and Restated Development Agreement by and among the City Of Rohnert Park and SOMO Village LLC and an Agreement to comply with and be subject to Amended Development Agreement between the City, SOMO Village, LLC and SOMO Village Commercial LLC for the SOMO Village Project Located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045); and 6) Resolution 2021-030 Approving a Revised Final Development Plan and Conditional Use Permit for the SOMO Village Project Located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045) PUBLIC HEARING OPENED: 5:50 p.m. Applicants Brad Baker, Owner of SOMO Village LLC, Jack Robertson, President of Tableau Development Company and Andy Bordessa, Principal of Civil Design Consultants, spoke in support of this item. City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 4 of 8 PUBLIC COMMENTS: Deputy City Clerk Machado read comments submitted by: Antonio Mencarini, Blair Kellison, Andrea Akmenkalns, Jen Klose, Bradford Simpkins, Pedro Toledo, Brian Bauer and Steven Price, Jr., who spoke in support of this item; and Chris Borr, who spoke against this item. PUBLIC HEARING CLOSED: 6:31 p.m. ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2021-027. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. ACTION: Moved/seconded (Stafford/Adams) to adopt Resolution 2021-028. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. ACTION: Moved/seconded (Stafford/Linares) to adopt Resolution 2021-029. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. ACTION: Moved/seconded (Adams/Stafford) to introduce Ordinance 952, an Ordinance of the City Council of the City Of Rohnert Park, California, Amending Chapter 17.06 Article XV.A the Form-Based Codes for Special Areas and the SV P-D Zoning District respectively, of the City of Rohnert Park Municipal Code, in connection with the SOMO Village Project located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46- 051-040, 46-051-042, and 46-051-045) as amended by the oral report of Staff to increase block size from 1,700 to 2,000 square ft. and substitute a design professional for the planning commissioner on the review board. Title Read by Vice Mayor Elward. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. ACTION: Moved/seconded (Stafford/Elward) to introduce Ordinance 953, an Ordinance of the City Council of the City Of Rohnert Park approving the Amended and Restated Development Agreement by and among the City Of Rohnert Park and SOMO Village LLC and-an Agreement to comply City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 5 of 8 with and be subject to Amended Development Agreement between the City, SOMO Village, LLC and SOMO Village Commercial LLC for the SOMO Village Project Located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045); and 6) Resolution 2021-030 Approving a Revised Final Development Plan and Conditional Use Permit for the SOMO Village Project Located South of Camino Colegio, West of the Southeast Specific Plan, East of the Smart Rail and North of E. Railroad Avenue (APNS 46-051-040, 46-051-042, and 46-051-045). Title Read by Vice Mayor Elward. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES:None, ABSTAINS: None, ABSENT: Giudice. ACTION: Moved/seconded (Linares/Stafford)to adopt Resolution 2021-030 with the revisions stated for the record by Planning Manager Beiswenger to modifying Conditions of Approval as follows: 1) P6 - Park C (Neighborhood 1) should say dedicated on first large lot in Phase 1N instead of final map; 2) The word submit is added to M1 to read "the Applicant shall submit an Outparcel Final Map...;" and 3) add the word require to Gp12 to read "If required,prior to issuance of each grading permit, the Applicant shall submit evidence of the completed special status species surveys..." Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. B. Consider Authorizing the City Manager to Execute Amendment Two to Task Order 2019-02 with Dudek to Provide Additional Environmental Services for the SOMO Village Project ("SOMO Project") in an Amount not to exceed $50,000 and Bringing the Total Task Order Value to $176,705. Director of Development Services Pawson presented this item. Recommended Action(s): Authorize the City Manager to Execute Amendment Two to Task Order 2019-02 with Dudek for Additional Environmental Services for the SOMO Village Project("SOMO Project") in an Amount not to exceed $50,000 and bringing the total Task Order Value to $176,705 PUBLIC COMMENTS: None ACTION: Moved/seconded (Adams/Stafford)to move forward with the proposed recommended action. Motion carried by the following 4-0-1 roll call vote: AYES: Adams, Linares, Stafford and Elward,NOES: None, ABSTAINS: None, ABSENT: Giudice. City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 6 of 8 Vice Mayor Elward declared a recess at 7:02 p.m. Mayor Giudice returned to the meeting at 7:13 p.m., re-assumed the gavel and reconvened the meeting. D. Discussion and Direction Regarding Sales and Use of Fireworks and Related Actions. Director of Public Safety Mattos presented this item. Recommended Action(s): Council receive this report and provide direction regarding fireworks use and sales within the City. PUBLIC COMMENTS: City Clerk Lopez Cuevas stated that 50 written comments were received for this item and due to the number of people wishing to speak on this item, direction was requested from Council regarding public speaking time limits. ACTION: By consensus (none opposed) Council directed Staff to limit public speaking time to 30 minutes; staff to read comments both in support of and in opposition of this item in equal time, for a total of 30 minutes; and all comments not read into the record to be made part of the record for this item and be available for review by both the Council and public. Deputy City Clerk Machado read comments received in support of allowing the sales and use of fireworks in the City submitted by: Vickie Gilbert, April Garcia, Rancho Cotate Softball & Baseball, Ed Klites, Rob Schuetz, Amanda O'Daniel, Debbie LeBoy, Chrissa Gillies, Sheri Poueu, Maddie Norton, Jason Klafter, Chrissy Wilson and Dennis C. Revell for a total of 15 minutes. Additional comments received in favor of fireworks but not read for the record: Sean Sage and Ben and Lonie Honsvick. Deputy City Clerk Machado read comments received in support of banning the sales and use of fireworks in the City submitted by: Bonnie Berrett, Julie Royes, Judi Jones, Chuck Striplen, Brian Narelle, Tim Smith, Annelise Ecklund, Rohnert Park Resident since 2002, Debbie Woods, John Pritchard and Joyce, Robin Thompson, Susan Haydon, James Sheals, Jerry Jacobs, Diane Borr, Michael and Laurie Jacobvitz, Long time Rohnert Park Resident, and Kris Olmstead for a total of 15 minutes. Additional comments received against fireworks but not read for the record: Jorge Gonzalez, Bonnie Black, Jamie Black, Erin Armstrong, Chris Meyer, Holly Neal, Chris Borr, Anita Cardenas Felton, Suzanne Blue, Judith Redding, Victoria and Michael Hopkins,Nancy Thompson, David Ballati, Deb Breton, and Suzi Wylie. City Clerk Lopez Cuevas stated for the record that a"... comment from Dennis Revell, was received by the City Clerk's Office at 5:20 p.m. The comment was read for the record as part of the comments in support of this item. The comment read on the record indicated that in response to a plea from five Rohnert Park nonprofit organizations whose survival depends upon the continued opportunity to sell State-Approved Fireworks, 227 Rohnert Park residents City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 7 of 8 each sent each member of your City Council a personal email.... It's my understanding because a copy of each email was not also sent to publiccomment@lpcity.org these email may not be made part of tonight's public record and you may not be aware of their existence. Attached hereto please find a list of those 227 people who cared deeply about these nonprofits and their right to responsibly celebrate each 4th of July with State Fire Marshal Approved, Safe and Sane Fireworks." ACTION: By majority (Adams and Stafford dissenting), Council directed staff to amend the Municipal Code to prohibit the sales and use of fireworks in the City. ACTION: By majority (Adams and Stafford dissenting), Council directed staff to have a professional fireworks show and festival on July 4, 2021 and return to Council with recommendations to sponsor and conduct it. If the event is successful staff would return to Council for consideration to repeat the event on an annual basis. ACTION: By consensus, Council directed staff to replace Independence Day non- profit fundraising revenue in 2021 and directed staff to recommend a grant or service program mechanism or donations to replace lost fundraising revenue through the City of Rohnert Park Foundation for the coming Independence Day season. C. Discussion and Direction on Options for Expanding the City's Homeless Services *ITEM NOT HEARD*. ACTION: By consensus (none opposed), Council continued this item to a later date. 8. COMMITTEE/LIAISON/OTHER REPORTS A. Standing Committees: None. B. Liaison Reports: None. C. Outside Agency Reports: 1. Mayors and Council Members' Association of Sonoma County Legislative Committee 2( a!51 Mayor Giudice reported on the meeting. 2. Sonoma Clean Power Authority Board of Directors Meeting (3/4) Vice Mayor Elward reported on this meeting. 3. Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Board of Directors Meeting (3/8) Mayor Giudice reported on the meeting. City of Rohnert Park Joint Regular Meeting Minutes for City Council March 9, 2021 RPFA/CDC Successor Agency Page 8 of 8 D. Other Reports: None. 9. COMMUNICATIONS None. 10. MATTERS FROM/FOR COUNCIL Councilmember Stafford requested a letter be sent to the State in support of AB 1227 (Independent contractors and theater workers). The request was supported by Mayor Guidice and Vice Mayor Elward. In accordance with City Council Protocols, the proposed legislation, along with a draft letter for the Mayor's signature, will be placed on an upcoming City Council agenda for consideration by the full Council. Councilmember Adams reiterated that at a previous meeting, Cal Skate and the issue with their water and sewer was brought up. Councilmember Adams thanked Mayor for recognizing the importance of the homelessness issue to set it aside have a better discussion about that. 11. PUBLIC COMMENT None. 12. ADJOURNMENT Mayor Giudice adjourned the joint regular meeting 9: p. Sylvia Lopez Cum, City Clerk yard Giu 'ce, Mayor City of Rohnert Park City o ohnert Park