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1998/01/13 City Council MinutesRohnert Park City Council Minutes r X' -.01 January 13, 1998 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro presiding. CALL TO ORDER: Mayor Linda Spiro called the regular session to order at approximately 7:00 p.m. and led the pledge of allegiance. ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, City Engineer Gaffney, Public Safety Lieutenant Giesige and Planning and Community Development Director Schulenburg. MOMENT OF.47LF.NCE. INME.MORYOF John Chase, Chairperson & City Commissioner of many years of the Senior Citizens Advisory Commission Mayor Linda Spiro declared this moment of silence in memory of John Chase, who passed away Saturday, January 3, 1998, and extended condolences on behalf of the full Council. Mayor Spiro acknowledged that Mr. Chase was her nomination to the appointment on the Senior Citizens Advisory Commission. The Mayor commended the articulate capabilities of Mr. Chase in expressing concerns of seniors, both politically and personally. She further commented that John Chase was a delight. People of his quality in the community are very special and he will be greatly missed. -- Mayor Spiro reviewed proposals to install a Memorial Brick at Roberts Lake and a plaque at the Senior Center in honor of John Chase. Council concurred. -- City Manager Netter signified that staff would also recommend a small ceremony when the plaque is ready to install at the Senior Center. Council agreed. - -Mayor Linda Spiro acknowledged the memorial services for Mr. Chase on January 7th, and expressed regrets that she was unable to attend, as her grandmother passed away the same week and she was out of town for this family matter. 1. CLOSED SESSION. • Mayor Linda Spiro reported on the closed session which commenced this evening at 6:00 to discuss matters listed on the agenda attachment, representing an update, with no action taken at this time. She advised the SIME I judgment for attorney fees was in favor of the City, and signified that City Attorney Flitner is setting up a payment plan for the designated amount. Z. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by Council and signified on original set of minutes. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the minutes of November 24, 1997 as amended, and December 9, 1997 as submitted, were unanimously approved. 141crA to lnn #es'. tai Tx►u 1� JB 3. APPROVAL OF BILLS. Upon motion by Council Member Mackenzie, seconded by Vice Mayor Vidak- Martinez, the list of City bills (attached to original set of these minutes) presented in the amount of $1,312,852.48 for December 16, 1997 and $517,889.83 for January 13, 1998 were unanimously approved. 4. ADDING INFORMATIONAL NON-AGENDAED M_,4 T_T_F. R.r_� Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. -- Vice Mayor Vicki Vadak- Martinez signified an agenda correction to remove item #15 under Matters from Council referencing her name, as she had not requested placing the item on the agenda. -- Councilmember Mackenzie signified an Ad Hoc Council Committee report to add regarding Canon Manor. -- Councilmember Flores signified a report to add on the Sonoma County Transportation Authority (SCTA) meeting he attended yesterday, which the Mayor requested he attend in her absence. -- Mayor Spiro signified she may have one item to add regarding seniors, if time permits. MAYOR's ANNOUNCEMENT. • Mayor Linda Spiro referred to Planning and Zoning items listed later on the agenda and announced that a public hearing has been scheduled only for the first item listed on the Tatman Subdivision. The Mayor advised that the other Planning and Zoning items listed were not scheduled for public hearings on this agenda. The theater item was previously approved and the appeal is listed on this agenda for Council's consideration of the minor Site Plan and Architectural changes. Mayor Spiro, therefore, encouraged individuals desiring to comment on the items not scheduled for a public hearing, to submit a speaker card and present their concerns during Unscheduled Public Appearances following the next two items on this evening's agenda. 5. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program Mayor Linda Spiro introduced Youth Representatives, Senior Monica Ohkubo and Junior Amie Schmale, who provided the youth report, which included: due to a conflict in schedule, Monica Ohkubo replaced Dena Ito signified on the City Council agenda to attend this meeting; students are having Golden State Exams this week and will have finals next week; and invited City Council Members to visit the Stress Release Dance at Rancho Cotate High School Gym, 7:00 p.m. to 10:00 p.m., Thursday, January 22, 1998. 6. SCHEDULED PUBLICAPPEARANCE. 1) Department of Public Safety - Fire Services - Report on recent fires Public Safety Lieutenant Ted Giesige provided this report, with reference to news releases previously provided to Council on the four recent fires in the community, and responded to Council questions. -- City Manager Netter confirmed an update on the City's current staffing for fire services was also provided to Council and listed for review later on the agenda under the City Manager's Report. -- Council expressed appreciation for the fire services report and for the efficient efforts in responding to the fires by the Department of Public Safety Fire Services. 7 UNSCHEDULED PUBLIC APPEARANCES: Mayor Linda Spiro stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time (limited to 3 -5 minutes per appearance with a 30 minute total time limit). The Mayor repeated her preceding announcement encouraging individuals desiring to comment on items not scheduled for a public hearing, to submit speaker cards and present their concerns at this time. Planning and Zoning File No. 1691 - Edwards Theater Circuit for Multi -plex proposed on vacant 8.5 acre parcel south of Golf course Drive and East of Commerce Boulevard. -- Individuals submitted speaker cards and reviewed reasons supporting or opposing this item as follows: 1) SUPPORT - Mary Davis, 101 Golf Course Drive, Rohnert Park, Ca., as a small family business owner, encouraged the theater project for the benefit of youth, as well as the need for business enhancements in the vicinity, and to possibly consider a walkway across the freeway for further west side enhancements. 2) OPPOSE - Charles Kitchen 4945 Fern Place Rohnert Park Ca., opposed the project due to numerous differences from the previous proposal which would prevent using those qualifications of approval for the current project and made comparisons with problems experienced by the Santa Rosa Arcade. In response to question from Mr. Kitchen, City Attorney Flitner reviewed aspects related to conflicts of interest and explained that Council Members cannot vote on projects if there is a financial interest. The City Attorney stated he was not aware of Councilmember Flores having any financial interest in this project. The fact that there are people who represent varied interests and support candidates in campaigns, does not establish conflicts of interest for the elected City Council Member. 3) OPPOSE - Richard Gambogi, 17463 Meadow View, Middletown, Ca., President of Continental Services, a consulting firm, signified he originally had input on traffic impacts for the previous theater proposal at the referenced location. He opposed the current project due to results of the previous consulting review concluding that increasing the number of screens would improve traffic impacts, whereas this proposal for less screens would increase traffic congestion. 4) OPPOSE - Linda Branscomb 21 Anne Rohnert Park Ca., confirmed her opposition previously expressed on this project, but since it has been approved, recommended an admissions or licensing tax as a source of City revenues, i.e. a percentage of gross receipts for additional revenues for the City. She referred to information from the League of California Cities related to same. - -Mayor Spiro suggested Ms. Branscomb look into this matter further and pass the information on to the City Manager. Ms. Branscomb agreed. 5) SUPPORT - Laure Tatman, 1174 Santa Cruz Way, Rohnert Park, Ca., supported the project, both as a mother of teenagers related to the benefits of not having to drive to other areas for movies, and as a small business owner of the Country Bunny related to business enhancements of the local community. ....:.:....::... Canon Manor - Dewey R. Blair, 628 Racquet Club Circle, Rohnert Park, Ca. referred to review of Canon Manor concerns during a recent Committee Meeting and asked if the County had responded to the City Manager's letter resulting from the Committee meeting. - -City Manager Netter advised that the County has not yet responded to the letter. He confirmed that Mr. Harberson is not running for a second term, so the County is still checking on representation for these concerns. In response to citizen inquiry, Mayor Linda Spiro repeated her preceding announcement encouraging individuals desiring to comment on items not scheduled for a public hearing later on the agenda, to submit speaker cards and present their concerns at this time. v Planning and Zoning File No. 1691 - Edwards Theater Circuit - (unsched. public comments cont'd) 6) OPPOSE - Iry Piotrkowski 35 Fifth Street Petaluma Ca., Legal Counsel representing David Corkill, expressed concern regarding the impression that a number of people expected the theater item to be a public hearing on this agenda. Mr. Piotrkowski reviewed background of the earlier theater project previously approved by a split vote of the Planning Commission; reasons to consider the economic viability of this current project related to significant physical changes from the prior proposal; and concluding that the issue is not whether two theaters can survive in the community, but the project is consider- ably different from the one previously approved; and reasons, including CEQA require- ments, for imploring the Council to send it back for appropriate environmental review. 7) OPPOSE Merle Avila of Avila Enterprises 5850 Commerce Blvd., Rohnert Park, Ca., signified for the record that Avila Enterprises owns the original design of this theater and the new owners have re- designed it without the permission of Avila Enterprises. Mr. Avila requested that their concerns expressed publicly tonight be written into the minutes. 8) SUPPORT - Tom Dunderdale 901 Golf Course Dr. , Rohnert Park Ca., current President of Mountain Shadows Plaza, expressed reasons in support of the theater project which included being an excellent use of the location, given the restrictions of recreational zoning, and beneficial aspects to businesses in the surrounding area. 9) OPPOSE - Dave Corkill, Cinema West, 555 Rohnert Park Expressway. Rohnert Park, expressed concerns regarding people who may arrive later expecting to hear or provide input on the theater item according to City staff information provided prior to the meeting. Mr. Corkill commented he had prepared a lengthy statement, which he preferred to share during the time scheduled on the agenda for the theater item. Mayor Spiro confirmed that the signified public hearing was scheduled for the first Planning and Zoning item, but there is no public hearing scheduled for the theater item. The theater appeal is on the agenda for Council consideration and the City Council could elect not to hear it tonight. As previously announced, the Mayor stated she has invited individuals desiring to speak on items not scheduled for the public hearing, to do so during this time allotted for unscheduled public appearances. Mayor Spiro further explained that the Council would have to vote on whether or not it will hear the theater item and, if so, she fully intended to allow Mr. Corkill, the applicant, or experts for the applicant, to speak at the time signified for the theater item. R ©pertatnn,. M'ngtes Mn�r 13 i�S Councilmember Reilly presented the question that the theater item was brought in by the applicant and, as a City Council Member, could he have brought this up as an item? Councilmember Reilly stated, for the record, that if the City Council votes not to hear this item, he would be asking for it to be put on the next Council meeting agenda. Councilmember Flores signified that the Council meeting agenda was published last week and the theater item was clearly not a public hearing, and requested Mayor's clarifications on procedures. Councilmember Reilly commented that he expects procedures have changed as Council used to allow comments on any item, but is now trying to get more organized, which gets away from public input. He did not want to say there would be no input on agenda items, but people should be reminded about time limits. Mayor Linda Spiro reviewed the preference for Councilmembers to refrain from discussion during Unscheduled Public Appearances, as this time is to provide the opportunity for citizens to share comments, and there were at least twelve speaker cards presented for public comments this evening. 10) Dave Eck, Former Council Member, shared that he was not present earlier at this meeting for the Mayor's announcement regarding public comments on the theater item, and thought a lot of people did not know about these instructions. He reviewed reasons for thinking the Council is making an error by not permitting public comments during an agenda item, as it has been his experience in the past to let people talk. He did not think the theater issue has been cut and dried as he understood there has been at least two significant changes. In lieu of not hearing the staff report, he asked if the current project will accommodate parking on its site, or grant a variance. If so, rules have changed. He also asked about negotiations on turn lights at the designated intersections since discussions on the previous project indicated half and half cost sharing between the theater owner and the City. He further asked if the parking will still be dropped down to consider 2,560 spaces versus 3,000. These things would be changes in the project. *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 8 CONSENT CALENDAR Mayor Linda Spiro asked if there were any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Mayor Spiro requested removal of Resolution No. 98 -02 for discussion. Councilmember Reilly requested removal of Resolution No. 98 -01 for recognition. Councilmember Flores requested removal of Resolution No. 98 -05 for recognition. City Manager Netter requested removal of Resolution Nos. 98 -03, 98 -04 & 98 -06. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda ACCEPTANCE of CASH/INVESTMENTS REPORT for Month End, Nov. 30, 1997 RQhnertPtIt►ratt ? �fl sl 13,1948 Resolution Nos: 98 -07 EXTENDING THE CALL FOR SEALED PROPOSALS FOR NEW CARPETING AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER 98 -08 REJECTING THE CLAIM OF JAVONIE ODEN, C/O LAW OFFICES OF DAVID R. SILVA (re. alleged injury from OADS worker at G Park) 98 -09 REJECTING THE CLAIM OF TERIANE CRISE, C/O ATTORNEY J. MICHAEL ANTHONY, ESQ. (re. alleged Public Safety incident) 98 -10 REJECTING THE CLAIM OF ERNEST MULL (re. alleged Public Safety Officer employee matter) 98 -11 REJECTING THE CLAIM OF KRISH SINGH (re. alleged rain damage to boat subsequent to towing and storage) 98 -12 REJECTING THE CLAIM OF KATHRYN LEE ROUMBANIS AND JOHN F. HUDSON (re. alleged wrongful towing of vehicle) 98 -13 REJECTING THE CLAIM OF PACIFIC BELL (re. alleged damage to telephone cable during trenching operation for placing street lights) Upon motion by Councilmember Flores, seconded by Councilmember Reilly, with the exceptions of Resolution Nos. 98 -01 through 98 -06, the Consent Calendar as outlined on the meeting's agenda, was otherwise unanimously approved. 98 -01 COMMENDING RON SANTERO, MAINTENANCE WORKER HI- SUPERVISOR, ON THE OCCASION OF HIS RETIREMENT Mayor Spiro summarized this resolution commending Ron Santero on the occasion of his retirement. City Manager Netter confirmed Mr. Santero would be invited to the next City Council meeting for recognition and formal presentation of this resolution. -- Upon motion by Councilmember Reilly, seconded by Mayor Spiro, and unanimously approved, Resolution No. 98 -01 was adopted. 98 -02 APPROVING AGREEMENT WITH COTATI - ROHNERT PARK UNIFIED SCHOOL DISTRICT FOR JOINT USE OF CERTAIN PUBLIC FACILITIES OWNED BY CITY OF ROHNERT PARK AND COTATI-ROHNERT PARK UNIFIED SCHOOL DISTRICT Mayor Linda Spiro signified agreement with joint use of the various City and School District fe� ('11it1P l'1e reviewed d c nrn e rul tn`I to 41in o .- 1.0, 1. �.n1 1 A a.. t-.. acil• s. �e O cerns relalv4 o Llle heed 1V1 the school, playgrollnus to Ue open for neighborhood children to have access to the playgrounds. -- City Manager Netter responded that the Joint Use Agreement focuses on major facilities and organized events in areas of use that the City jointly has with the School District, including play fields adjacent to multi -use rooms that were mentioned. This agreement deals with the majority of joint uses and other individual arrangements can be made directly with the School District Superintendent on a case by case basis. -- *Vice Mayor Vicki Vidak - Martinez signified that it took 18 months to put this agreement together and it had previously been approved by the School Board. -- Discussion concluded in Council concurrence for the concerns expressed herein to be presented at the next 2x2x2 Committee meeting comprised of signified representatives from the City Councils of Cotati and Rohnert Park and the School District. The issue included fencing of the play fields which prohibits open access to use by citizens. *C O R R E C T 10 N ABOVE from 2/10/98 City Council meeting: Per Vice Mayor Vidak- Martinez (addition underlined) Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, and unanimously approved, Resolution No. 98 -02 was adopted. >' Resolution Nos: 98 -03 APPROVING A CONTRACT WITH THE COUNTY OF SONOMA TO ADMIN- STER PARKING CITATIONS ISSUED BY THE CITY OF ROHNERT PARK 98 -04 TERMINATING THE AGREEMENT WITH JUDICIAL DATA SYSTEMS COMPANY FOR PROCESSING PARKING CITATIONS ISSUED BY THE CITY OF ROHNERT PARK City Manager Netter explained the need for deferral of the above two resolutions for further review of technical changes. Council concurred. 98 -05 RATIFYING ACCEPTANCE OF GRANT DEED FROM CODDING ENTERPRISES On behalf of the City Council, Councilmember Flores signified public recognition and appreciation to Hugh CGddii'ig for his contribiitioi'i to the City of this 1.85 acre site on the west side, which is another demonstration of Mr. Codding's dedication and love for the community.- -Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, Resolution No. 98 -05 was adopted. 98 -06 AWARD OF CONTRACT TO REMOVE AND REPLACE FLOOR TILES AT LADY BUG RECREATION BUILDING City Manager Netter explained the need for deferral of this item due to consideration of other alternatives. Council concurred. ****************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 9. COMMISSIONICOMMITTEE/BOARD APPOINTMENTS: 1) Bicycle Advisory Committee Two year terms *Accepting letter resignation from Rick Luttman (JM nomination) (two year term expired 12/31/97) Councilmember Mackenzie reviewed his background experience of working on the Bicycle Advisory Committee with Rick Luttman as Chairman. He commended the beneficial efforts of Dr. Luttman, who has expressed his continued interest in this Committee and has submitted his resignation to provide an opportunity for others to participate. Council signified acceptance of Rick Luttman's letter resignation from the Bicycle Advisory Committee, and agreed to sending a letter over the signatures of both Mayor Spiro and Councilmember Mackenzie to Dr. Luttman expressing regrets and appreciation for his years of service on this committee. Councilmember Mackenzie advised that no applications have been received for this opening to date and extended an invitation to the listening audience to apply. 2) Cultural Arts Commission Two year terms •To fill vacancy left by Julie Yonemura (deceased) - (AF nominee) (two year term would have expired 12131198) Councilmember Flores referred to the unfortunate passing away of Julie Yonemura, who was an important asset to the community and served very capably. Mr. Flores reviewed beneficial aspects of the application from Anita Levin for this opening. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, Anita Levin was newly appointed to the Cultural Arts Commission to fill this opening of a two year term to expire December 31, 1998. ...... ..::.: .: ....::.:..: ..::.:..;..;... . .,.; :......::...::.....:...:::::::.::.::: .::. ::.:::.::.;.:......;:.:.;;: 3) Mobile Home Parks Rent Appeals Board Two year terms • Katheryn "Kitty" Collins (VVM nominee) (two year term expired 12/31/97) Vice Mayor Vicki Vidak- Martinez advised she was still in the process of consideration for her nomination of this appointment. •To fill vacancy from Robert Taylor resignation (JR nominee) (two year term expired 12/31/97) T T__ _ 9_ l'1 •1 Upon motion by Councilmember Remy, seconded by v ice Mayor v icki v idak- Martinez, and unanimously approved, Katheryn Collins was re- appointed to the Mobile Home Parks Rent Appeals Board for a two year term to expire December 31, 1999. 4) Senior Citizens Advisory Commission Two year terms eAnn Kennedy QM nominee) (two year term expired 12/31/97) Upon motion by Councilmember Mackenzie, seconded by Mayor Linda Spiro, and unanimously approved, Ann Kennedy was re- appointed to the Senior Citizens Advisory Commission for a two year term to expire December 31, 1999. *To fill vacancy from John Chase resignation (LS nominee) (two year term expired 12/31/97) Mayor Linda Spiro referred to the recent passing away of Mr. Chase and his previous resignation from the Senior Citizens Advisory Commission. She extended an invitation to applicants interested in this opening. 5) Sister City(s) Relations Committee Two year terms (At large appointments of two year terms expired 12/31/97) Gordon Adam, Carol Grubler, Miho Kite, Jule Yonemura (deceased), Susan Harrow Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, Gordon Adam, Carol G rubler, Mho Kite and Susan Harrow were re- appointed at large to the Sister City(s) Relations Committee for two year terms to expire December 31, 1999. 10. HOUSING FINANCING A UTHORITY - Two year terms 1) Ratifying Rancho Feliz Mobile Home Park Resident Election appointment: •Samuel Knapp, Sr. (two year term to expire 12131199) City Manager Netter reviewed the staff report provided to Council for this item. Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak - Martinez, ratification of Rancho Feliz Mobile Home Park Resident Election appointment to the Housing Financing Authority of Samuel Knapp, Sr. for a two year term to expire December 31, 1999 was unanimously approved. 2) City Council At Large Appointment: *Accepting resignation from Jan Young (two year term expired 12/31/97) Council concurred acceptance of the resignation from Jan Young, with regrets, and signified a letter to be sent over the Mayor's signature expressing appreciation to Ms. Young for her efforts in serving on this Board. -- Council deferred consideration of a new appointment. Rniicrt 'ask _ ouu Minas 4 S 11. CITY COUNCIL COMMITTEE LIAISON ASSIGNMENTS FOR 1998 Mayor Linda Spiro expressed appreciation to Council Members for responding to her previous request to let her know their interests in 1998 Council Committee Liaison Assignments. Advising that changes could be made later, Mayor Spiro reviewed the new list of assignments as follows: 1998 COUNCIL COMMITTEE LIAISON ASSIGNMENTS ABAG Mackenzie (Alt. Spiro) Cable Television Flores & Vidak- Martinez Chamber of Commerce Reilly (Alt. Vidak - Martinez) Chamber Economic Development Subcommittee Vidak- Martinez (Alt. Spiro) Community Outreach for Youth & Families Mackenzie & Vidak- Martinez Golf Courses Spiro (Alt. Flores) Library Advisory Board Reilly (alt. Mackenzie) Mobile Home Parks - General Reilly & Flores Open Space /Sphere of Influence Flores & Spiro Performing Arts Center Spiro & Mackenzie Regional Wastewater Adv. Committee Flores (Alt. Spiro) School District/Cities (Cotati & RP Communities Flores & Vidak - Martinez Sonoma County Gang Task Force Vidak - Martinez Sonoma County Transportation Authority Flores (Alt. Spiro) TF,MPORARY AD HOC C'OMMITTF.F,S City Mayors (Cotati/Rohnert Park) Spiro Community School Flores & Spiro Compromise Committee on Land Use Flores & Reilly Creekside Middle School Annexation Spiro & Vidak - Martinez Fire Services/R. Adobe Fire Dist. (Mutual Aid) Flores & Vidak - Martinez Founders Days Mackenzie Hospital Site Spiro Sporthaus Flores & Spiro 12 PLANNING AND ZONING MATTERS. 1) File No. 1755 - Dale Tatman Subdivision - Rezoning 12 acre parcel from R -1 (40,000) to R -1 (6,500) to accommodate a 40 -lot Single Family Residential Subdivision located on the west side of Snyder Lane and south of Hagemann Lane -- Planning Director Schulenburg referred to plans on display and staff report provided for this item and signified that the City Council actions requested at this meeting included: ordinance introduction, resolution adoption conditionally approving the 40 -lot Honeybrook II tentative map, and certification of the negative declaration. Ms. Schulenburg advised a public hearing was duly noticed and scheduled at this time. -- In response to Mayor Spiro asking if Council had questions of staff at this time, Council signified preference to wait until after the public hearing. �ivtou# .....,. PUBLICHEARIIVG: Mayor Linda Spiro opened the public hearing at approximately 8:20 p.m. Speaker cards were submitted and citizens shared verbal and/or written comments expressing reasons supporting or opposing the Tatman Subdivision as follows: 1) OPPOSE - Glen Sevrens 1134 Eleanor Ave. Rohnert Park Ca -- City Manager Netter signified, for the record, that a letter of opposition from Glen Sevrens was provided to Council for this item, and he was present in the audience. 2) OPPOSE - Steve Lindbeck 183 Robin Ave. Cotati Ca , expressed opposition due to environmental reasons including hazardous intersection, public safety risk from lengthy dead end streets, and impacts on existing trees. 3) OPPOSE - Robert Prigge, 4578 Heron Court, Rohnert Park Ca., reviewed objections to this project at this time due to lack of city infrastructures. 4) OPPOSE - John Hudson 399 Bonnie Ave. Rohnert Park Ca., shared comments opposing this project which included concerns related to sewer capacity, wastewater meter readings, comparisons with construction complaints of other building projects in the community, and additional costs to residents to operate and maintain expanded sewer system. 5) CONCERNS- Pastor Chip Worthington, Rohnert Park Assembly of God, 4695 Snyder Lane. commended beneficial aspects of both the donation of land for churches by Condiotti and the contribution of time into the community by the congregations; compatibility of the congregations respectful of differing views and schedules; accommodating and understanding efforts of city staff for successfully establishing joint uses in the past; and for City leadership that has been philosophically committed to this effort. Pastor Worthington referred to his vested interest in this development and reviewed several concerns. These included access complications to their church located toward the back of the vicinity, which results in confusing directions to newcomers, as well as concerns related to compatibility of programs and activities of the congregations with the needs and/or expectations of the proposed residential development. He appreciated the efforts of the developer but thought there has been a lack of reaching a compromise agreement pertaining to various concerns, and proposed a joint meeting with the developer and representatives of the congregations for combined efforts toward resolving certain issues. Pastor Worthington recommended, at the very least, provision of a disclosure statement regarding the various congregational activities and impacts associated with signage, levels of noise, use of sidewalks, traffic, parking space, etc. He expressed the desire for some kind of negotiated plan that does not exist now and also commented on considerations of a voter referendum. 6) CONCERNS - Charles Kitchen 4945 Fern Place Rohnert Park Ca., reviewed concerns regarding egress and, addressing the three cul -de -sacs in the vicinity, recommended straight - through streets or a complete circle drive for the three connecting parties, which would not cut into any of the existing roads too much. There being no one further desiring to speak, Mayor Linda Spiro closed the public hearing at approximately 8:45 p.m. Planning and Community Development Director Wendie Schulenburg responded to Council questions confirming background information provided in the staff report regarding the Tatman Subdivision. -- Discussion followed including Councilmember Flores signifying that this situation represents an infill project beneficial to the community mitigated by existing conditions. He referred to individuals aware of needing infill structures for building of schools and commented that what the School District and Rohnert Park need now is students and, for that reason, thought the Planning Commission considered aspects of this project very clearly. Ordinance for introduction: No. 637 AMENDING THE CITY OF ROHNERT PARK MUNICIPAL CODE REZONING TWO (2) PARCELS TOTALING 12.72 ACRES LOCATED ON THE WEST SIDE OF SNYDER LN., SOUTH OF HAGEMANN LN., AND GENERALLY NORTH OF ELEANOR AVE. AND MORE PRECISELY KNOWN AS ASSESSORS PARCEL NUMBERS 045 - 221 -07 AND 045 - 221 -18 (Planning File No. 1755-Tatman Subdivision) A motion was made by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to introduce Ordinance No. 637. Discussion of the motion included comments as follows: *Mayor Spiro suggested that a meeting commence between the developer and represen- tatives of designated churches to address concerns expressed during this evening's public hearing, prior to Council consideration of adoption of this ordinance. *C O R R E C T 10 N BELOW from 2/10/98 City Council meeting: Per Councilmember Mackenzie (addition/underiined) eCouncilmember Mackenzie referred to staff report provided to Council dated January 8, 1998 regarding First Draft of the Housing Element in response to HCD review, and commented on considerations that have already taken place to meet the deficiency of 500 units for low and affordable income housing. Councilmember Mackenzie compared the 39 houses at the 1245 Hagemann Lane site, signified in the staff report for above moderate income housing, with the 40 houses of tonight's review of the Tatman Subdivision, and commented it is clear the die is cast. He pointed out that the General Plan previously did speak to infill development, so did not think there is any question in terms of the City's infill development proceeding. He signified the preference to hold a public hearing to determine whether high density should have been built on this site, *which referred to a specific requirement that appeared in the City's General Plan, or leave it at its current density of 1 acre per site for only 12 units instead of 40. This would meet some of the needs mentioned at the Community Summit, and also address concerns of the neighboring churches. Commenting that this evening's public hearing served its purpose with the first speaker getting right to the issue of the current design, Councilmember Mackenzie stated, for the record, that he was hopeful the developers will address these previously reviewed issues. He reviewed various concerns related to the cul -de -sacs for the congregations of churches with one exit and, even though this theoretically passes the State Board, recommended consideration of at least two exists from this subdivision. Mr. Mackenzie further expressed his interest for the Department of Public Safety's point of view on the matter and signified that, if consideration is not given to a second exit on this project, then he would suggest a bike path in the vicinity for walkers or bikers to use. Councilmember Mackenzie expressed concern that other possibilities have not been considered for this location, other than the 40 houses to be built and, particularly with recent State Housing Development review, found this untimely. The City Council would be well advised to have a public hearing on other uses and give some consideration to proper design. ltd; .ice •Councilmember Reilly expressed appreciation for the suggestion that the Council approve this project and then put on the condition for the developer and church representatives to meet but, unfortunately, did not think this order works effectively. A delay of 30 days would not slow the construction down essentially at this time. For the developer to hear the concerns and consider what could be done, prior to obtaining project approval, would be a better incentive to help the applicant work with it toward resolving these concerns. Councilmember Reilly expressed further concerns regarding the proposed homes in the $280,000 price range and questioned the category of lower income and very affordable, as his understanding of infill was somewhat different. Additional concerns included the need to proceed with widening Snyder Lane, as discussed in the past, to take care of some of the above- mentioned traffic problems. To consider adding anything to the designated intersection prior to the roadway improvements, invites more traffic complications to the ones that already exist, such as bikes that do not ride single file. Councilmember Reilly thought this would be a mistake and, at the very least, the above - signified meeting should be allowed to take place before approving this project for 40 more homes, as he did not think the concerns signified herein have been dealt with for this project, afterwhich, consideration could then be given to things like sewer capacity. *Vice Mayor Vicki Vidak - Martinez expressed appreciation to the Planning Department for the work involved for this project and that she relied on staff for such efforts. The staff report provided to Council signifies that this project is consistent with the Muni Code, and includes anticipating a 3.7% increase in traffic, which is considered minimal, with no need for additional measures. The project is designed in accordance with applicable conditions of the zoning ordinance and meets code requirements. The site is well suited for the proposed development. Vice Mayor Vidak - Martinez signified that she takes the staff report very seriously as it is supposed to bring an impartial analysis for the City Council to consider. She thought this project was appropriate as she could not see high density at this site and is why she would be supporting the proposed project. •Mayor Spiro signified that if the applicant cannot commit to meeting with the churches on above - reviewed concerns, she would not vote to approve this rezoning if that meeting has not taken place. She believed the applicant and church representatives can work together and that this was not an unreasonable request, even though it is realized this cannot be required. She signified that Councilrneinber Mackenzie's point is very well taken and commented further that if additional exits cannot be arranged, encouraged applicant to consider possibilities of the suggestion for working in a bicycle path. Above motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak - Martinez, was approved 3 -2, with Councilmembers Mackenzie and Reilly dissenting, to introduce Ordinance No. 637. -- City Attorney Flitner advised the necessity of the ordinance reading and to re -take the vote, as the reading could not be waived without unanimous approval. Further discussion included Council agreement that consideration of the ordinance adoption should be deferred to the Council meeting of February 10, 1998, if a meeting of the developer and churches is not able to take place prior to the next Council meeting of January 27, 1998. The Mayor encouraged the scheduling of this meeting at the earliest possible date. -- Following reading of the rezoning ordinance in full by Mayor Linda Spiro, the motion herein was approved 3 -2, with Councilmembers Mackenzie and Reilly dissenting, and Ordinance No. 637 was introduced. Rtfe3'E P tnt Mnus (131 1 194: Resolution No: 98 -14 CONDITIONALLY APPROVING THE 40 -LOT HONEYBROOK H TENTATIVE SUBDIVISION MAP AND CERTIFICATION OF THE NEGATIVE DECLARATION FOR 12.72 ACRES LOCATED ON THE WEST SIDE OF SNYDER LANE, SOUTH OF HAGEMANN LANE, AND NORTH OF ELEANOR AVENUE (Planning File No. 1755 - Dale Tatman) Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak- Martinez, and approved 3 -2, with Councilmember Mackenzie and Councilmember Reilly dissenting and signifying, for the record, repetition of previous comments pertaining to this project, Resolution No. 98 -14 was adopted. 2) File No. 1770 - Les Schwab Tire Centers - Site Plan and Architectural Review for a 15,000 + /- sq.ft. retail and tire installation facility proposed for 5353 & 5395 Redwood Dr. a) Letter of appeal re. two (2) Planning Commission conditions of approval pertaining to monument sign height and roofing material -- Planning Director Wendy Schulenburg referred to plans on display, reviewed the staff reports provided for this item, and responded to Council questions. -- Discussion followed. •Council consideration of hearing appeal -- Upon motion by Councilmember Flores, seconded by Vice Mayor Vicki Vidak - Martinez, to hear the above - reviewed appeal, was approved by unanimous consensus. b) Appeal Hearing -- Les Schwab Tire Centers Representative, Mike Oxman, Real Estate Department, 955 North Elm, Prineville, Oregon 97754, expressed appreciation to the City Council for hearing this appeal. Mr. Oxman referred to plans on display, reviewed his letter appeal dated December 24, 1997, and responded to Council questions. Discussion included Councilmember Flores commenting that many communities can gain pro- actively in trying to extend themselves for new enterprises. He made comparisons to other facilities along the road to Santa Rosa, and expected that being friendly toward the request of the applicant would result in lessening the burden on home owners and on individuals on fixed incomes. The applicant has made good efforts with cause to be proud. Councilmember Flores commended the employment potential of this tire center. Acknowledging that the applicant worked with staff on reducing the over -all scale of the sign, and the proposal is compatible with existing buildings on Redwood Drive, Councilmember Flores signified for those reasons, his support of the applicant's request. A motion was made by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to approve this project with modifications indicated by the applicant for the major metal roof to be substituted in place of the barrel tile roof. -- Discussion of the motion included: •Mayor Linda Spiro signified she planned on supporting the Planning Commission conditions as the proposed metal roof.of approximately 14,000 sq. ft. is quite large and the all the other buildings in the vicinity have the the roofs. *Vice Mayor Vicki Vidak - Martinez agreed it is a large roof and signified the under- standing that it would increase the cost of the project because of the support needed for roof tile weight. She commented on being impressed with the figures in the applicant's report regarding potential sales up to $3+ million per year and an annual payroll toward $750,000. Vice Mayor Vicki Vidak- Martinez expressed support of the applicant's review and request for modification of the roof, and given the applicant's previously signified agreement with staff recommendation on modification of the sign, thought this project would be an enhancement to the community and supported this type of business coming into town. *Councilmember Reilly expressed support of staff recommendation as being right on track regarding efforts toward upholding the image desired along the U.S.101 Corridor. Mr. Reilly signified he would support the project with above - reviewed staff conditions, but not with the applicant's conditions. •Councilmember Mackenzie concurred with Councilmember Reilly's preceding comments pertaining to the Planning Commission review and staff report recommendations. Mr. Mackenzie acknowledged that the plans on display for this project represent an attractive rendition, but also agreed with aspects of the General Plan regarding consistency for projects along the U.S. 101 Corridor. He expressed agreement with recommendations of the above - reviewed staff report, and signified he would vote to deny the appeal. •Councilmember Flores signified a question of staff on the visual representation presented, which did not show roof vents, and asked if these would be constructed and screened from sight. -- Planning Director Schulenburg responded there would be architectural concerns with regard to vents for any kind of metal roof, and referred to item #4(a) listed for the Conditional Use Permit approved by the Planning Commission that "all roof mounted mechanical equipment shall be architecturally concealed so as not to be visible from public view ". Applicant Representative, Mike Oxman, shared photographs of Seattle Tire Center as an appearance example regarding this concern, and, in response to question from Vice -Mayor Vidak- Martinez, signified willingness of the applicant to work with the Planning Department to make the roof appearance presentable pertaining to provisions for necessary vents, and to solve issues the Planning Commission may have related to this project. •Mayor Linda Spiro confirmed she did not like seeing the vents on the roof. The above motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to approve this project with modifications indicated by the applicant for the major metal roof to be substituted in place of the barrel tile roof failed 2 -3, with Councilmembers Mackenzie, Reilly and Mayor Spiro dissenting. Ro�inert$artt ; �t�ln�Il l��l�i #cam ,t(1 & 2) C O R R E C T 10 N S BELOW from 2/10/98 City Council meeting: Per Councilmember Reilly (deletions lined out/additions underlined) A motion was made by Mayor Linda Spiro, seconded by Councilmember Flores, to uphold the Planning Commission decision on Planning File No. 1770 regarding the *('4atman Subdivisien Les Schwab Tire Centers, subject to the changes recommended by staff on the size of the sign. Discussion of the motion included: *Councilmember Flores signified his concern was regarding the expense to the applicant. He referred to the Planning Commission indication for barrel tile, which is a very heavy and expensive product, and asked the Planning Director about Planning Commission discussion regarding possibilities of synthetics simulating the clay barrel tiles. Planning Director Wendie Schulenburg confirmed this indication of the Planning Commission, as signified in item #4(e) for the Conditional Use Permit pertaining to this applicant that "the roof material shall be comprised of clay barrel the or a material similar in appearance ", and that the Planning Department will be flexible. Councilmember Flores encouraged the applicants, if the motion on the floor succeeds, to work with Planning Director Schulenburg on possibilities for lighter tiles. The above motion by Mayor Linda Spiro, seconded by Councilmember Flores, was unanimously approved, to uphold the Planning Commission decision on the *(2)an &ubdivsien Les Schwab Tire Centers/Planning File No. 1770, subject to the changes recommended by staff on the size of the sign. RECESS Mayor Linda Spiro declared a recess at approximately 9:35 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 9:45 p.m. with all Councilmembers present. 3) File No. 1691- Edwards Theater Circuit Appeal of Planning Commission approval of Minor Site Plan and Architectural changes for a previously approved multi- screen theater proposed to be located on the south side of Golf Course Drive and the Double Tree Hotel Mayor Linda Spiro advised that this architectural review is not a new project as it was approved nearly a year ago. She signified that thirty minutes of testimony was already taken earlier this evening on this previously approved item, which has been listed on this meeting agenda for the above - referenced appeal. As mentioned earlier, it is at the discretion of the City Council to choose whether or not to hear the appeal tonight. Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approve, to hear the above - referenced appeal at this time. Planning and Community Development Director Wendie Schulenburg referred to plans on display and summarized the staff report provided to Council for this project. She responded to Council questions including confirmation of legalities signifying that approval of a project runs with the site, so the previous approval for this project went with that land. Also, Ms. Schulenburg commented on the sufficiency of the previous traffic study of two years ago due to factors, such as other business closures in the vicinity and changes in traffic flow within the past two years, were not considered significant enough to warrant a new traffic study. 41 $E GC EXTEND COUNCIL MEETING. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, with the time being approximately 10:00 p.m., to continue the Council meeting to 11:30 p.m. to proceed with remaining agenda items. Discussion of File No. 1691 - Edwards Theater Circuit appeal included further review of aspects signified in the staff report providing background information to Council for this ..ato .... Ci ,.L..1..�L__ ._L'�_•_ � _ J _ f• aavaaa, MO. a la muug I-X .- eC JldlulGllUUrg cumnaung an d iesponaing to questions regarding various aspects therein. -- City Attorney Flitner responded to questions deferred to him on the Council meeting discussions in the past pertaining to restricted sale of tickets, which were not included in traffic conditions previously approved by the Planning Commission. The City Attorney commented on the restricted ticket sales issue, which the former applicant volunteered, and that the City would be better advised to signify restricting seats. -- Mayor Spiro thought that was an issue they would have to contend with, to meet the same conditions as the prior applicant. She referred to the applicant's previous indication to reduce the seats from 3,000 to 2,560, and though a sell out is doubtful, this needs to be incorporated. -- Councilmember Flores thought this is a mitigated issue and was volunteered by the former applicant, which means the Council cannot bind a voluntary action. -- Mayor Spiro recalled other considerations signified by the prior applicant, like schools using the facility on off hours, which were part of the reasons she agreed to the concept in the first place, because of the strong asset to the community. -- Planning Director Schulenburg signified that the cleanest way to stipulate certain conditions for a project is by resolution adoption. The concerns mentioned herein were indicated in previous Council meeting minutes but did not proceed to the adoption of a resolution, so the need at this time is just to find what those issues were, which need to be addressed. -- Mayor Spiro hoped the new applicant would consider the preceding conditions reviewed herein, which were indicated by the first applicant, and signify support of the same types of conditions. Bill A. Hall, Applicant for Edwards Theaters, 300 Newport Center Drive, Newport Beach, Ca., noted being the Real Estate Director who joined the company on a contract basis in early October of last year. He listened to the issue on reducing seats during the recent December 11, 1997 Planning Co— mmiaeinn mnnting o a s g alle. oluer issues could vv +g ValaisaaJJl VaI allV�. s".5 µnu Jasni led *�� +� 'd �� considered, but certainly if they were conditioned to be limited to sell only 2500 seats, they could not agree to that, and would have to make a decision on whether or not to proceed. He has talked with Jim Edwards of Edwards Theaters, who agrees with the importance of involvement with schools and children, which simply opens the doors for mutual opportunities. Mr. Hall urged representatives of the City to contact Mr. Edwards directly for consideration of these comments. He signified it is their sincere desire to move forward in Rohnert Park. The Edwards family is largely successful wherever their new development is provided in and out of California. He reviewed numerous beneficial reasons in support of this project and urged the City Council's favorable decision of upholding the Planning Commission's decision of December 11, 1997. He also requested further Council consideration pertaining to the April 9th construction date which was cast upon them, in view of the process over the past year for this project. Mr. Hall responded to various Council questions on projected possibilities of successfulness anticipated for this project. nl t meets ( J=oa Dave Corkill, Cinema West, 555 Rohnert Park Expressway, Rohnert Park, expressed concerns and reasons for opposing the Edwards Theater project, as signified in his letter previously provided to Council. He distributed to Council copies of a transcript, by a court recorder he obtained to transcribe the video tape portion of the April 9, 1996 City Council meeting pertaining to approval of their previous proposal, for the purpose of reviewing concerns of the proposal, as well as the stipulations indicated at that time on the project at the designated location, which is now being considered for the Edwards Theater proposal. Mr. Corkill signified the same should apply to the new proposal as to the old pertaining to size, parking, traffic concerns and feasibility evaluation. There is not room for two multiplex theaters in the community. Consideration should be given to local relationships and efforts already established with their theater project at the Price Club building. Planning Director Schulenburg responded to additional Council questions and further reviewed information provided in the staff report for the Edwards Theater project. PUBLIC COMMENTS: Mayor Linda Spiro opened the meeting for public comments on this item at approximately 10:35 p.m. She advised that this was not a public hearing, signifying that numerous speakers had already made comments earlier this evening during unscheduled public appearances and that two minutes would be allowed per person at this time. 1) Bill Bishop, 5525 Volkerts Rd., Sebastopol, Ca., Business Partner of Dave Corkill, and owner of I -MAX, referred to his letter provided to Council, and shared contents therein opposing the Edwards Theater project (copy attached to original' set of these minutes), including the financial risk in opening the I -MAX theatre, with a total investment for the completed project to exceed 15 million; the City of Rohnert Park cannot support two large multiplex theater complexes; and, if Council votes for the Edwards Theater proposal, an economic feasibility study should be required before granting approval. Mr. Bishop signified that the Edwards Theater proposal was not in the majority of the communities best interest and desires, and requested the Council not to vote to allow Edwards to raise the height of their building and to reduce the number of screens, which would clearly add to the traffic problems in the vicinity. 2) Robert Camby, 171 Fescue Way, Rohnert Park, Ca., expressed opposition to the Edwards Theater project due to concerns of traffic impacts related to traffic lights, railroad crossing, cross streets at Roberts Lake Road and the Double Tree Hotel. 3) Dale Aust 4955 Fern Place Rohnert Park Ca., agreed with previously reviewed concerns signifying opposition to the Edwards Theater. 4) Howard Levy, 819 Third Street, Santa Rosa. Ca., referred to being a California property appraiser who has appraised properties in Sonoma County for several years, including appraisal of all the theaters in the county for the last 10 years. He reviewed aspects of determining feasibility related to population factors and revenues generated in differing communities, and signified the feasibility of the numerous screens of the two multiplex theaters in Rohnert Park would be extremely unlikely. ultuerPa ; .... n+ M. a t18) 5) Jean Kapolchok 144 So. E. Street Santa Rosa Attorney representing Dave Corkill on the appeal of the Edwards Theater project, made comparisons with this evening's staff report and discussions of this item with those of the former project being carried forward, and signified this can only be allowed if the same. She reviewed above - expressed concerns including traffic impacts, design changes, etc. and considerations of the former agreement which were an essential part of the project, as well as concerns related to the previous Negative Declaration, concluding that they believed this is not the same project. 6) Susan Brandt - Hawley, RO Box 309 Glen Ellen, Ca., Attorney, signified she represents residents, and expressed concerns related to previous documents on traffic studies and this evening's staff report signifying the changes were not significant. In fairness to the City Council and to reassure apprehensions of citizens, more information is needed to address these concerns, including CEQA review of the modified project. 7) Les Perry, 528 A Street, Santa Rosa. Ca., Attorney representing Mr. Bishop, signified the importance of discussions on the floor tonight pertaining to whether the changes in the project are significant. Comparing aspects of the former project with the current project on traffic impacts, parking, seating, etc., he concluded that the changes are significant. Mr. Perry expressed agreement with comments made earlier this evening by Dave Eck that the project on the table needs further review due to being modified. Mr. Perry also signified agreement with preceding comments of Susan Brandt - Hawley. 8) Richard Gambogi 17463 Meadow View Middletown Ca., President of Continental Services for consulting theater business, added to his previous comments made during unscheduled public appearances, that to wait and let the customers choose on the success of the theaters would be very costly, considering the limitation on sales which would result in very expensive tickets. Consideration should be given to having a local person operating in a building that has already been built, with no adverse traffic impacts. Mr. Gambogi confirmed his response to Dave Eck's question presented to him earlier today, that so many screens from two theaters cannot survive in Rohnert Park. 9) Iry Piotrkowski 35 5th Street Petaluma Ca., Legal Counsel representing David Corkill, referred to comments he made earlier during unscheduled appearances, and to earlier comments pertaining to a statement of one of the people informed in these matters that the City could not support two theaters. Mr. Piotrkowski reviewed concerns related to the commitment to this project including questions about when the application for the Edwards Theater was signed, and signified there is no agreement in place at this time to build the Edward Theater in Rohnert Park. Council statements regarding this matter proceeded as follows: •Councilmember Flores expressed concerns about preceding statements made becoming absolute on something that may or may not be a factual item, and then suddenly becoming a factual item. Mr. Flores signified his continued support of Dave Corkill's theater project and that the new theater does not negate its validity. He acknowledged that probably the most challenging aspect is mitigated by traffic in the vicinity of the golf course. However, it was also probable that if the applicant would have initially increased the screens from 16 to 18, the Council would have heard comments to the contrary regarding increased traffic, compared to comments made tonight that fewer screens would increase traffic. This is something the Council has to evaluate. Councilmember Flores signified that the realities are that movies are a flourishing business. He doubted if all the seats would ever be filled to capacity, but there is a need for variety in the community including movie theaters to attract both youth and adults. Mr. Flores commented further that the applicants were fully aware of the approved project on Commerce Blvd., shared the example of he and his wife going to the I -MAX theater in *(')San Franeisee San Diego, and signified the probability that I -MAX would have a following of its own. To the question, will there be a regional drawing, the answer is absolutely, but to the question, is the City Council in a position to hamper or mitigate between County based enterprises on competition, the answer is no. Councilmember Flores signified agreement with the Planning Commission's approval of the Edwards Theater project and has yet to be convinced that the designated changes are not minor. *(i) C O R R E C T 10 N ABOVE from 2110rA City Council meeting: Per Councilmember Flores (deletion lined out/addition underlined) (2) C O R R E C T 10 N BELOW from 2/10/98 City Council meeting: Per Councilmember Reilly (deletion lined out/addition underlined) *Councilmember Reilly signified that the irony of the situation *(2)got was not lost to him, due to having been a member of the previous theater subcommittee, with the questions asking why couldn't the theater be put in the Price Club building, and the resulting excitement of Council when it was found out it could be done. Now, lawyers and individuals are arguing opposite positions of the issue, and the Council has to make a decision. Councilmember Reilly expressed the belief that there needs to be something at this location, but was not sure what that would be. He recalled the `96 meeting discussion of the prior proposal for the theater, when the greater majority expressed support of the theater in Rohnert Park, but wanted it located somewhere else. Mr. Reilly signified the irony of the situation for most of his reasoning, was that he firmly believed that both theaters would not survive, and to signify support of both theaters would be pitting one against the other. He also signified the belief that the preceding reference to potential regional revenues would be too late to benefit the survival of both theaters. Councilmember Reilly expressed the desire to acknowledge this statement before he says no on this item, and to signify how he appreciates the applicant's efforts and position. Mr. Reilly reviewed reasons he would be voting against the project which included significant changes in design; impacts on traffic; knowing the Price Club building will not continue to be an empty building; and on those merits alone, and since he initially voted against the initial theater project, he would not be voting for a 3,000 seat theater; and suggested a new application has to be done to consider any changes. *Vice Mayor Vicki Vidak - Martinez signified she was not on the Council when the theater project was originally approved, but the way it was approved, it would have current approval. She also understood there could be a lawsuit and one of the things that concerned her about the matter was they were directly involved with the first project, and because they knew the risk, none of this should be a big surprise. Ms. Vidak- Martinez commented she was very regretful on the issue but found that unacceptable. She signified that this is a community that has suffered for years with divisiveness tactics she has seen and was not impressed. She has also seen small businesses live and work successfully here. She did not know what will happen and maybe the community will not support two theaters, but she did know that she sees this as having enormous differences. Vice Mayor Vidak - Martinez signified she agreed with staff, and what we do have is a planned process which needs to run its course, both in business and in the community. *(14 2) C O R R E C T 10 N S BELOW from 2/10/98 City Council meeting: Per Councilmember Mackenzie (deletions lined out/additions underlined) Councilmember Mackenzie referred to one of his other items lasted later on this meeting agenda under Matters from Council regarding rezoning proposal to designate 8.5 acre parcel east of NWPR tracks and south of Golf Course Drive as Specific Plan area. He would be suggesting to the Council and to those in the audience, that it is in fact vested in us, as a City, the powers to shape our community. The City does not necessarily have to have 32 screens in this community. Public hearings also bring out interesting points, such as, one individual talked about the whole business of vested rights when in fact a building permit has not been issued, so it is well within the powers and responsibilities of this Council to lay out certain *(')perimeters parameters as long as they do not go against the state regulations. Mr. Mackenzie reviewed the example of the City of Pacifica's anti - monotonous policy, as it did not want to have monotonous housescapes, and signified that the City Council can take such action. -- Councilmember Mackenzie further signified his intent to propose introducing an ordinance to change the zoning on this particular piece of property and create a Specific Plan area in accordance with provisions of the General Plan, which may be determined because of a project size and situation that a specific plan can be considered. In 1992 there was a plan put forward by Alan Nichol for passenger services which now seems to be a possibility. Councilmember Mackenzie signified that he was going to vote in favor of the appeal as he happened to agree with some of the concerns previously expressed CEQA requirements. Therefore, he would propose a more positive approach, having been encouraged about the Price Club site as a multi - screen cinema. He did not believe there are any vested rights at the moment, but did believe we are liable for suit if in fact we *(2) reject the appeal adopt the er-dinance -fer °^ifi^ plan ° e h° planned te propose and would present and planned to present a Specific Plan Ordinance to Council later. •Mayor Linda Spiro shared comments relating to financial aspects of the theater projects with the scenario of the "David and Goliath" story, and aspects of her own emotions, when she first started talking to individuals about this, of being reminded first hand what it is like to have your life's savings annihilated. Because of that, she gave serious consideration not to vote on this, but concluded she could be objective, after serious soul searching to do the right thing. Mayor Spiro referred to staff being under pressure on the legal challenges involved with this item and commended staff for the highly competent efforts of the City's new Planning Director in providing Council W; Ii the complete report on this item. She acknowledged the legal and moral challenges pertaining to this item and signified that, due to the importance of the moral challenge, she could enter a vote tonight. Mayor Spiro commented that schools and businesses have expected this theater and the majority of calls she has received have asked `when'is the theater going in, not `if it is going in. She signified it is very difficult for businesses to make decisions on only one theater and added to that, having been in the situation herself, thought it can have a devastating affect on people being asked to provide a site plan and architectural review of a project approved a long time ago. Mayor Spiro advised the position she was going to take and would support, is that this project is like the one previously approved with the same requirements of the other, including previous indications which were not included in Planning Commission conditions, as reviewed in her opening comments made earlier this evening for this project, i.e. reduce seating from 3,000 to 2,560 and agree to local community based arrangements, like schools using the facility, as previously indicated. A motion was made by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, to uphold the Planning Commission approval of File No. 1691 - Edwards Theater Circuit, including conditions signified by Mayor Spiro in the above paragraph immediately preceding this motion, and with one additional condition on the designated time schedule pertaining to the deadline to be under construction by April 9, 1998, to be extended, if delayed by circumstances beyond acts of the applicant, such as El Nino or legal challenges. -- Councilmember Flores signified agreement with comment by Mayor Spiro that the motion did not include extensions due to aspects of the applicant related to financial complexities or re- design efforts. City Attorney Flitner responded to questions including aspects of legalities on delays that the applicant cannot be expected to proceed with the work when an act of God prevents progress; deferred the question on vested rights to further review; advised that if a project is challenged because of legalities, the general rule pertains to a trial ensuing before the statutes of limitations expires; and provided examples of timeframes for appeals. The preceding motion to uphold the Planning Commission approval of File No. 1691 with additions signified therein, was approved 3 -2 with Councilmembers Mackenzie and Reilly dissenting for reasons reviewed in these minutes. In response to Council question related to judging construction delays due to rainy weather, City Engineer Gaffney signified that a lot depends on the type of work and the site. He reviewed various examples which may or may not be delayed by soil saturation. During conditions like the recent rains, normal methods would be delayed, even though saturated soil does not necessarily mean it would be impossible to proceed, but it could be very expensive. Bill Bishop of Cinema West, signified his business intelligence has been insulted by the decision made on this matter. He checked with the broker quite a few times, who assured him he has not heard from the applicant in months. He did not buy this piece of property thinking there was going to be another theater. 13. GENERAL PLAN MATTERS: 1) Summit Task Forces /Champions Reports -- Andy Esquivel, 5380 Evonne Avenue, representing the Champions of the Summit Task Forces, provided an update for this item commenting on the spirit of dedication, cooperation and enthusiasm of the Task Forces working together toward accomplishments of the various issues. Mr. Esquivel also explained aspects of the proposed Cablecast forum recommended to be held on Tuesday, January 20th, from 7:00 p.m. to 8:00 p.m. regarding progress of each Task Force, as reviewed in the staff report provided to Council for this item. -- Council concurred with the Cablecast recommendation, as signified herein, and expressed agreement that the Cablecast forum is an excellent tool that should be used to report to the community on the efforts of the Task Forces as the work proceeds. 2) Review the response from HCD on the Draft Housing Element -- DF,FFRRF,D v an..rt 1 sac R ntcs 1� 14. PARKS AND RECREATION MATTERS: DEFERRED items listed for this agenda title 1) Sports Center - Corporate Membership Rate proposal 2) Education Foundation Appeal of Parks & Recreation Dept. decisionre. waiver of fees for use of Community Center for Annual "Sharing of the Green Auction ", March 14, 1998 15 SONOMA COUNTY WASTE MANAGEMENT AGENCY MATTER: Extension of Compostin2/Woodwaste Agreement City Manager Netter referred to the staff report provided to Council for this item and advised staff recommends giving direction to Assistant City Manager Leivo, who sits on this Board, to signify approval of an extension to the Composting/Woodwaste agreement. City Manager Netter advised that the County staff is recommending approval of the two year extension as it may be necessary to move the composting facility from the landfill in the next few years. County staff concludes it would be in the best interest to maintain the current contractor during this interim period and issue a new RFP when the facility is relocated. City Manager Netter and Assistant City Manager Leivo responded to Council questions. Discussion included Councilmember Reilly recalling the previous competitive review of this item, when the City Council took the position that it would open bids upon expiration of this agreement, and expressed his preference to retain this position. Councilmember Flores pointed out that this extension requires unanimous approval of all the cities. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, to direct Assistant City Manager Leivo to vote for the above - reviewed two year extension to the Composting/Woodwaste Agreement, was approved 4 -1, with Councilmember Reilly dissenting due to preceding comments signified herein. EXTEND COUNCIL MEETING PAST 11:30 p.m. -- Upon motion by Councilmember Mackenzie, seconded by Mayor Linda Spiro, and approved 4 -1, with Councilmember Reilly dissenting, referencing the meeting extension approved earlier this evening to 11:30 p.m., the Council meeting was extended past 11:30 p m to nrnceed With necessn, agenda items. Due to the lateness of the hour, the remaining items listed on the agenda for this Council meeting were deferred, reviewed and /or provided for informational purposes, as signified in these minutes. 16. COUNCIL COMMITTEE AND /OR OTHER REPORTS. DF.FF.RRF,D 1) Cultural Arts Commission - 12/9/97 meeting (Flores) 2) Performing Arts Center - 12/18/97 meeting (Spiro/Mackenzie) 3) Chamber Economic Development Working Plan Update, 1/12/97 mtg.(Spiro/Reilly) 4) Other, if any i1i31 11'iiu'Ai� #1� (21.. 17 TRANSPORTATION MATTERS: 1) Sonoma County Transit District request to revise Route 12 - DEFERRED 2) Sonoma County Transportation Authority (SCTA) - 1/12/98 meeting (Flores) Councilmember Flores acknowledged he attended the 1/12/98 SCTA meeting, at the request of Mayor Spiro in her absence. He distributed to Council, and reviewed, the SCTA resolution currently being considered for Metropolitan Transportation Commission provisions related to the rail plan for the Regional Transportation Improvement Program (copy attached to original set of these minutes). Mr. Flores noted the projected city contributions listed on the attachment in the amount totalling $28,000 with portions pro- rated for Sonoma County cities on the basis of population. Councilmember Flores advised that Rohnert Park will be required to contribute its designated portion and, therefore, requested this item be placed on a future Council meeting agenda. -- Mayor Linda Spiro signified, for the record, her support of this item, as she may not be present at the next Council meeting of January 27th, if it is reviewed at that time. 18. COMMUNICATIONS: 1NFORMAT10NA11 Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 19. MATTERS FROMIFOR COUNCIL: DEFE_,RRF,D all items listed under this agenda title 1) Sonoma County Convention & Visitors Bureau (SCCVB) recommendation that the President of the Rohnert Park Chamber of Commerce, Robin Bleckwehl, be the Rohnert Park representative on SCCVB Board of Directors 2) City of Cotati letter recommending a member of the Rohnert Park City Council on an oversight committee to review proposed mixed use rail transit center plans 3) Eva Hirschel letter requesting recognition of appreciation for Helen Snyder and memorial recognition for Nathaniel "Nat" Snyder. 4) Local Government Commission membership & /or approval of Councilmember to attend Yosemite Conference, March 5 -8, .1998 (Mackenzie) 5) Fence in front of pig farm/Request from Rancho Grande Mobile Home Park Seniors (Spiro) 6) Forum for City Ethnic Diversity (Spiro) 7) Community "Ethnicity" (Reilly) 8) Jt. meeting with Sonoma State University/President's Cabinet,Tues., Mar.3, 1998 9) Joint meeting with Student Body Officer of SSU (Reilly) 10) Joint meeting with Cotati City Council (Reilly) 11) Review of Public Safety services provided to Creekside Middle School (Reilly) 12) Establishing responsibility to honor outgoing Mayor for year of service (Reilly) 13) Rezoning proposal to designate 8.5 acre parcel east of NWPR tracks and south of Golf Course Drive as Specific Plan area (Mackenzie) 14) Role of Councilmember liaisons to City Commissions & Committees (Mackenzie) 20. CITY MANAGER'S REPORT: 1) Wastewater Flows - 1997 -- INFORMATIONAL. 2) City Employee Appreciation Affair, Fri., Jan. 23, 1998 - Update -- INFORMATIONAT, 3) 1998 Legislative proposals -- INEORMATLONAI. 4) Laguna de Santa Rosa channel widening project -- DLEE,RRE.D 5) Electric Industry Deregulation - status report -- DF.EE.RRE,D V) 1-lep L. Vl r UVllV Oal"Y 1.116 JV1 V11,VO 31.(111111 - UPUMV, -- ■� 'i• '. i�■y ■•• ■� 21. CITYATTORNEY'S REPORT. • DE.EE.RRE.D 1) Any items from closed session 22. UNSCHEDULED PUBLIC APPEARANCES: There were no additional unscheduled public appearances at this time. 23. ADJOURNMENT. • Mayor Linda Spiro adjourned the meeting at approximately 11:35 p.m. De ty Ci lerk jh%mi.:o11398mn Mayor RECEIVED JAN 13199 To the Rohnert Park City Council: CITY OF ROHNERTFARK I do not understand why the City Council would consider approving the Edwards Theatre Minor Site Plan and Architectural modifications. As stated by Commissioner Shawn Kilat at the December 11 Planning Commission meeting, the Edwards Multiplex is clearly not what the community wants. There were over 300 signatures submitted against the original proposal of April, 1996. Many of the residents felt then and now that the closed Price Club building is where a sixteen plex theatre should be built. Before I purchased the Price Club building in September of 1997, I spoke with the mayor, the City Manager and former City Planner. They were ail very enthusiastic about my wanting to convert the Price Club into a large Multiplex movie theater. I believe then and now that their support was well intended. A theatre clearly belongs in the old Price Club building on the west side of the freeway that is built to handle traffic. There are double left hand turn lanes into our theatre. We are currently 100 plus days under construction in the Price Club building with a State of the Art sixteen screen movie theatre. All sixteen screens will have the latest TI-IX sound systems and 48 inch aisle stadium seating. There will be a cafe inside of the theatre and two restaurants associated with the theatre. We are also going to start construction of our I -MAX theatre in March with an opening date of'- August, 1998. The I -MAX theatre will be built beside the Price Club building where the tire store now is now located. There are currently only 47 I -MAX theatres in the United States. I -MAX theatres are used for educational programs. They are a wonderful addition to any community. All of the 3 -D Films have a teachers handbook guide to assist the teachers when they bring the children on their educational viewing tours. Of the 47 I -MAX theatres, only three are located next to a commercial movie theatre such as we are doing and these three are in the Los Angeles and New York markets; the two largest markets in the U.S. All of the remaining 43 I -MAX theatres are located in heavy tourist areas such as the Grand Canyon and Cape Canaveral. We are definitely taking a financial risk in the opening of this I -MAX theatre and the City of Rohnert Park and its residents will benefit from our investment and risk. Total investment for the completed project will exceed 15 million. There are not man- iti posves for the City of Rohnert Park if you approve Edwards nine primary modifications requests and they are allowed to change the original approval. You will only gain your portion of the sales tax revenue on their concession stand sales. There may be some sales tax revenue increase from the limited number of merchants in the Golf Course area. But I really believe that these merchants may well do less business. No one will want to fight the added traffic that this theatre will generate to patronize them There are many negatives for the City of Rohnert Park if you vote for Edwards many modification requests. To reduce the number of movie screens from 16 to 12 screens will increase the traffic congestion at what is already the most poorly planned traffic intersection in Northern California as we all are too well aware. The common accepted practice in the movie theatre development business is that whenever a community has a traffic concern, the primary way to alleviate this problem is to add more screens with the same seating, not to reduce the number of screens. The idea being that the more intervals that people leave the theatre, the less traffic congestion. Traffic in the area far exceeds what the roads can support in the popular driving time periods and especially on weekends when the movie theatres, Wal -Mart and Home Depot are the busiest. A new traffic study should be required. To increase the building height by 9 feet 4 inches will increase the mass of the building by 30 %. The visual impact will overwhelm our neighborhood. The immediate neighbors will suffer a loss in their home value. No one will want to live next to a movie theatre and its traffic. There is over 500,000 square feet of retail space in the Price Club area. Over 200,000 square feet are now closed being primarily K -Mart and the Price Club which has cost Rohnert Park considerable loss of revenue in sales tax dollars. A fact that is also as important to the City is that since K -Mart and the Price Club have closed, the existing retailers are doing considerably less volume and therefore generating considerably less revenue for the city. Our 16 screen multiplex and especially the I -MAX theatre will draw people from the Mendocino, Sonoma, Marin, Lake and Napa counties to the part of your town that was designed for and that can handle and needs the traffic that our theatres will and can generate for you. Please let us help you assist this part of your city that needs more revenue. There is going to be a large multiplex theatre in downtown Santa Rosa. The city wants it and has approved it and it will be built later this year. Pacific theatres has an approval to add eight more screens in Petaluma to their existing complex. There is already an abundance of movie screens being planned or being built for this area. No one honestly believes or has shown an economic feasibility study that the City of Rohnert Park can support two large multiplex theatre complexes. If you feel that you must vote for Edwards proposal, at the very least you should demand an economic feasibility study before you grant their approval. We are local people. We employ local people in our businesses. We employ a local architect. A local contractor who pays wages to local workers. We live, work and play here. Our children go to school here. This area MATTERS to us. It is our home and we care about the quality of life for all our friends and neighbors. Can big business from Southern California say the same thing? There only interest in our area is financial. When I first talked to the city officials and then bought the Price Club property I felt that I had made a good business decision and at the same time was doing something positive and good for the city. I ask you not to support and encourage Edwards to continue to pursue this theatre. Four city will not support two theatres for a day, let alone a long period of time. When one closes and one will; if it is Expressway Cinema, all of the merchants that we will have helped will suffer and Rohnert Park clearly cannot afford and should not allow this to happen for the benefit of a few merchants. Does it not now make sense for the city to consider exercising its right to purchase this property through eminent domain? If the Expressway Cinema closes, Rohnert Park will be left with one large theatre on the wrong side of the freeway. This theatre will bring a lot of traffic twelve to thirteen hours a day to an area that clearly cannot and should not have to handle more traffic. The residents and the city will lose if the Expressway Cinema is the theatre to close. I cannot imagine how anyone can possibly vote for any project that will add to the inconvenience of so many people forever. I would dare say that every time a resident has to go to the freeway and experience the compounded traffic situation that you are being asked to vote on this evening, if approved, you may well be being asked to commit political suicide. I do not believe that the citizens of Rohnert Park elected you to make decisions that are clearly not in the majority of the communities best interests and desires. Please do not vote to allow Edwards to raise the height of their building and to reduce the number of screens therefore clearly adding to our traffic problem. Sincerely, William J. Bishop Price Club Property Owner Expressway Cinema Partner Resolution No. 98 -001 Sonoma County Transportation Authority Santa Rosa, California JANUARY 12, 1998 RESOLUTION OF THE BOARD OF DIRECTORS OF THE SONOMA COUNTY TRANSPORTATION AUTHORITY, COUNTY OF SONOMA, STATE OF CALIFORNIA, ADOPTING A LIST OF PROJECTS TO PROPOSE FOR THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND THE STATE; TRANSPORTATION IMPROVEMENT PROGRAM (STIP) FOR FUNDING DURING THE UPCOMING STIP CYCLE (FY 1998/99 TO FY 2903/04) WHEREAS, the Sonoma County Transportation Authority is the transportation planning and programming agency for Sonoma County, and WHEREAS, the Sonoma County Transportation Authority has prepared a Congestion Management Program which defines projects for Sonoma County which will help the transportation system perform better, those projects have been prioritized and costs updated based on recent work performed for the Sonoma/Marin Multimodal Transportation and Land Use Study, and WHEREAS, the Metropolitan Transportation Commission provides planning and programming oversight for the entire nine county San Francisco Bay region, and WHEREAS, the Metropolitan Transportation Commission prepares a Regional Transportation Improvement Program based on the Regional Transportation Plan, and WHEREAS, the California Transportation Commission uses the Regional Transportation Improvement Program to prepare the State Transportation Improvement Program, and WHEREAS, the California Transportation Commission has called for new projects to be added to the State Transportation Improvement Program, and WHEREAS, the California Transportation Commission has released a fund estimate for the State Transportation Improvement Program and WHEREAS, the draft fund estimate for Sonoma County is $57.547 million. NOW, THEREFORE, BE IT RESOLVED that the Sonoma County Transportation Authority proposes the following for inclusion in the Regional Transportation Improvement Program: Addition of High Occupancy Vehicle Lanes to Highway 101 between Highway 12 and Steele Lane Project Cost: $55.5 million in 1997 dollars. BE IT FURTHER RESOLVED that the Sonoma County Transportation Authority proposes the following' project cost increase for inclusion in the Regional Transportation' Improvement Program: Project cost increase of $3.5 million for the Highway 101 project between Wilfred Avenue and Highway 12. And that the following regional projects be included: County contribution for SB 45 administration $0.187 million Transportation' Enhancement Act (TEA) Reservation $1.384 million CMAQ Match Reserve $1.214 million Translink $0.389 million Rideshare $0.970 million TOTAL $4.144 million BE IT FURTHER RESOLVED that the SCTA directs the Executive Director to submit these projects for the Regional Transportation Improvement Program for funding in the State Transportation Improvement Program and to submit the necessary applications to the Metropolitan Transportation Commission. THE FOREGOING RESOLUTION was introduced by, who moved its adoption, seconded by and adopted by the following vote: Chair Kelley Director Jehn' Vice Chair Wright Director Carter Director Cale Director Salmon Director Crump Director Spiro Director Elles Director Keller Director Reilly Director Ziedrich Ayes: Noes: Absent: Abstain: SO ORDERED Sonoma County Transportation Authority HkjAi=T Sonoma / Marin Rail Plan 1. Projected Funding Summary H. Projected City Contributions Funding Sources Amount MTC - M Section 8 72,000 Marin County, 50,000 Sonoma County Cities 28,000 FY 1998-99 FY 1998-99 FY 1998-99 Entity Pop.* % Pop. Population ;.ice SAW kYE Cotati 6,650 4.514196 1,264 Petaluma 49,000 33.769896 9,456 Santa Rosa 0 ................ M4 F Sonoma 8,925 6.150996 1,722 1 County --- 0 E