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1998/02/24 City Council MinutesRohnert Park City Council Minutes February 24, 1998 Rohnert Park City Council and Cultural Arts Commission Joint Meeting The adjourned session for the Joint Meeting of the Rohnert Park City Council and the Cultural Arts Commission commenced this date at 5:00 p.m., immediately preceding the regular City Council meeting to commence at 6:00 p.m., in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Linda Spiro and Cultural Arts Commission Chairperson Linda Holm presiding. CALL TO ORDER: The Joint Meeting was called to order at approximately 5:00 p.m. ROLL CALL: City Council -- Present: (4) Councilmembers Flores, Mackenzie, Reilly and Mayor Spiro Late: (1) Vice Mayor Vidak- Martinez (arrival time approximately 5:05 p.m.) Absent: (0) None Cultural Arts Commission -- Present: (4) Commissioners Danesi, Kuehm, Levin and Chairperson Holm Absent: (1) Commissioner Butler Staff members present for all or a portion of the meeting: City Manager Joseph Netter, Assistant City Manager Carl Leivo, Performing Arts Center Director Michael Grice, and Interim Recreation Director Ron Mikalis. Others present: Jud Snyder, Editor /Community Voice and Robert Ellison, sculptural artist. UNSCHEDULED PUBLIC APPEARANCES: In compliance with State Law (The Brown Act), citizens wishing to make comments were invited to do so at this time. No one responded. Mayor Linda Spiro gave brief introductions of individuals present at the meeting. Mayor Spiro indicated that this meeting was previously set by Council to hear the Cultural Arts Commission recommendations on the Museum Without Walls proposal. This would also include a slide show and model, and an opportunity to meet the artist, Robert Ellison. In response to Mayor Linda Spiro's request, Commission Chairperson Linda Holm provided a summary and outline of the Museum Without Walls proposal, and briefly explained the recommendations for the preliminary proposal and the Cultural Arts Commission's vision of art in the community. She reviewed their relationship with the Cultural Arts Corporation and explained how programs and policies have been administered over the years. She indicated that the Cidt,iral Arts Commission recommends a two -phase approach i.e. first phase: A Sculpture is recommended at the fountain of the Performing Arts Center /Community Center site; second phase: developing an in -lieu on new development to be earmarked specifically for Art in our community. R+ invert a iii antes : ! €Z) +�b�ru 24, Discussion ensued by Councilmembers regarding the two phase proposal including suggestion to focus on the first proposal for art or sculpture piece at the Performing Arts Center /Community Center site. Linda Holm introduced Robert Ellison, the artist, who provided several renderings and photographs of artwork and sculptures that he has completed for exhibit throughout the country. Mr. Ellison displayed various pieces of art via a slide presentation. Upon completion of the slide presentation, several questions were asked by Councilmembers and interested parties. After the question and answer period, the Councilmembers viewed Mr. Ellison's work. which was set up on a table for display. There was some discussion about the selection process of the artist and the funding for this type of work, which included budget questions, source of funding, etc. The meeting was concluded at approximately 6:00 p.m. with the direction of the formal proposal to be refined and submitted to the Council at its meeting of March 10, 1998. The proposal would focus on the first phase which would be the art or sculpture piece at the Performing Arts Center and Community Center site. REGULAR SESSION: 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 7:05 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, Building Official Braun and Community Development/Planning Director Schulenburg. 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. Litigation matters discussed included the Mobil Home Park case regarding the SIME I - Judgment proceedings. Council will take the necessary actions after the appropriate time limit, if they do not respond. The Fire Services Benefit Assessment - Validation Action is scheduled April 3rd for argument. Personnel matters were discussed with nothing to report at this time. 2. 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 Vice Mayor Vidak - Martinez, with abstention by Mayor Spiro due to absence from the meeting, minutes of January 27, 1998 were unanimously approved as amended. Councilmember Mackenzie referred to minutes of the February 10, 1998 City Council meeting in process and not available for confirmation of the 2 -2 vote, with one absent, on the item he proposed for the City Attorney to prepare an ordinance on the Specific Plan area dealing with the designated 8.85 acre parcel. He had requested reconsideration of that item on this meeting agenda of full Council attendance. He would not be present at the next Council meeting of March 10 and, therefore, requested as a matter of urgency, that this item be considered during this Council meeting, to honor his previous request. City Attorney Flitner responded to Council inquiry that an emergency item can be declared by a four -fifths vote of the Council. Councilmember Flores referred to Councilmember Mackenzie's proposal as a significant change and suggested review of the item at the March 24th Council meeting, which would also enable preparation of related reports. Councilmember Mackenzie stated, for the record, that there was a sense of urgency due to the reference made to vested rights. He understood that building permits have not been obtained for the specific construction on that piece of property, with the clear intent of having something other than a theater. Mayor Spiro signified if time permits at the end of this evening's agenda, she would support consideration of Councilmember Mackenzie's proposal at that time. Councilmember Mackenzie responded that he had previously requested this item be recalled and, on a point of order, insisted that the Council vote on this at this time. -- A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, to declare this item an emergency for consideration on this Council meeting agenda. Said motion failed 2 -3, with Councilmember Flores, Vice Mayor Vidak- Martinez and Mayor Spiro, dissenting. -- Council agreed to agendize this item for the March 24, 1998 meeting. 3. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, City bills presented per the attached list in the amount of $1,014,162.30 were unanimously approved. 4. ADDING INFORMATIONAL NON- AGENDAED MATTERS: Mayor Linda Spiro asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. -- Councilmember Flores signified an item to add regarding a Laguna Plant meeting. Councilmember Reilly signified an item to add regarding sewer rates related to a question on increased capacity and available bond measures. -- Councilmember Mackenzie signified that he looked in January under Communications for a copy of his letter to the Community Voice which he had supplied to all Council Members. - -Mayor Spiro signified one item to add, if time permits. 5. MAYOR'S PRESENTATION OF PROCLAMATION: In Recognition of Engineers' Week, February 22 -28, 1998 Mayor Linda Spiro shared contents of proclamation prepared in honor of Engineers' Week, and made the presentation to Brent Beazor, Local Engineers' Week Committee Member. 6. YOUTH CITY COUNCIL REPRESENTATIVES from 1997 -98 Youth of the Year Program Mayor Spiro introduced Youth Representatives, Seniors Adam Romero & Jamie Sahouria, who provided the youth report. Youth Representative Jamie Sahouria reported as follows: • Invited City Council Members to Rancho's Faculty Rock Concert "Bop 'Til You Drop ", Friday, March 6th, 8:00 -10:00 p.m., charging $5.00 each, with proceeds to go to Hope Scholarship Fund; • RCHS Movie Night, Friday, 6:30 p.m., sponsored by the Sophomore Class; • Junior Lauren Wood has been selected to represent RCHS at Girl's State, with Jessica Batacao and Marisa Eggering as alternates; • VOFY interview for March with Wayne Ziese of California Highway Patrol; • 3rd Quarter Progress Reports, March 6th; • Sharing of the Green Auction, March 14th, which benefits local schools; • Cougar News published every week to provide more information; and • Adam Romero awarded Coca Cola Scholarship with $4,000 guarantee and has chance in April to earn more in the Nationals. Youth Representative Adam Romero shared his written report (copy attached to original set of these minutes) on the beneficial aspects of the California Association of Student Councils, in conjunction with the Rancho Cotate Associated Student Body, which will be presenting the Student Advisory Board on Education Conference (SABE) on March 17th. This conference enables students to make changes in their educational system. Ideas and proposals come from students all over the district and are developed and researched further by small committees of groups. These proposals are possible solutions to concerns within our district and will be presented to the Board of Education, Superintendent, and other district officials, and will be considered by the State School Board for adoption. Youth Rep Adam Romero responded to Council invitation that he would share results of the conference at the March 24th City Council meeting. 7. SCHEDULED PUBLIC APPEARANCES: 1) Patrick O'Connell, Founder's Day Association re. Annual Event -- Mr. O'Connell referred to the Report to City Council dated December 16, 1997 regarding evaluation of 1997 efforts. He reviewed factors related to the work for the Annual Event being done on a voluntary basis, burn -out of the volunteers, concerns regarding lack of support from the community, and the need to turn the effort over to the City or other organized group with willingness of members of the Founder's Day Association to assist. Mr. O'Connell responded to Council questions. Council commended the outstanding job of the volunteers for this effort over the years. Discussion included suggestion by Councilmember Reilly of a two - member temporary Council Committee to work on a plan toward retaining this important Annual Event. Councilmember Reilly volunteered to be on this Committee with current Ad Hoc Council Liaison Mackenzie. Council concurred. 2) Betty Bog, Co- Chair, California State Horseman's Association (CSHA), shared contents of her letter dated February 2, 1998 regarding their Annual Championship Parade previously scheduled for the 1998 Rohnert Park Founder's Day Parade. She commended the above - reviewed approach for this effort and confirmed their offer to assist. 3) Tony York, Chair, Town Hall Center Task Force, referred to the report provided to Council for this item and explained that in their enthusiasm they got ahead of procedures as the language of the letter gave the impression of being an action item, and the recom- mendations therein need to follow procedures by referral to the Champions Committee. Mr. York shared contents of the report regarding the recommendation of this Task Force for the location of the new town center to be the designated vicinity of approximately 10 acres bounded by the Railroad tracks and Public Safety Facility on the east, Commerce Blvd. on the west, Rohnert Park Expressway on the south, and Hinebaugh Creek on the north. The Town Hall Center Task Force would be requesting the City Council to consider the following actions: •Direct staff to include the aforementioned properties in the General Plan Land Use Element as a Specific Plan Area; •Direct staff to investigate costs for preparing a specific plan, including conceptual designs and an economic analysis for the subject property; •Direct Staff to prepare a Request for Proposal for the Specific Plan preparation; and •Designate the Town Center Task Force as a formal City Council appointed Citizens' Committee that will continue working with the Specific Plan consultant. Council commended the efforts of this Task Force and signified looking forward to receiving the full report at the appropriate time, following the above - referenced procedures. 4) Joi Losee re. Summit/Ballot Measure -- Ms. Losee expressed concerns related to the role of the recent Community Summit and the City of Rohnert Park's Urban Growth Boundary Ballot Measure in June. She shared reasons for urging Council to withdraw the ballot measure and wait for reports from the Summit Task Forces. Mayor Linda Spiro responded to concerns expressed by Ms. Losee that the Summit had nothing to do with Measure N. She made comparisons with Santa Rosa's UGB and signified they expanded the area before they did the UGB. The big difference between Santa Rosa's UGB and Rohnert Park's is we did not have any land in ours. It does not matter if you have any sewer capacity, which is a moot point, for a UGB with no land. Measure N did not have that option. Councilmember Reilly signified that no one is arguing that Santa Rosa has more space in their UGB, or that Rohnert Park is considering the UGB, but the concern is in moving ahead with it before the Task Forces were done. Councilmember Reilly expressed concerns about participants of the Summit feeling cheated and questioned why not wait until after the recommendations of the Task Forces were done. Councilmember Flores referred to four meetings he has attended in the last two weeks, and signified that since he was the proponent supporting the UGB issue, it will go to the voters who enacted Measure N, so the voters will decide if they are going to support this UGB or not. As to why the June ballot, and not November, we have a very strong political year which includes selecting a new Governor and Congressional Representative. His perspective on the June ballot was the UGB could have a focal point, the voters could indicate their preference in light of the next 20 years, and there is sufficient opportunity to incorporate complimentary ideas of the Task Forces . *C 0 R R E C T 10 N Above from 3/24/98 City Council meeting: Per Councilmember Flores (deletion lined out/addition underlined) Bnnert'a� .. 1 F }[►s Councilmember Mackenzie commented on aspects of UGB's that have gone on ballots in other communities, with General Plan process that has been followed, including full EIR documentation supported, then having UGB line established, then has gone to citizens in these communities. Councilmember Mackenzie signified that again the cart has been put before the horse. 8. 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). 1) John Hudson, 399 Bonnie Avenue, referred to rumors regarding proposal to annex 1500 acres and expressed concerns about this possibility. Mr. Hudson asked who is going to pay for the sewers and commented on aspects related to insufficiency of the 2.29% increase in development fees reviewed at the previous Council meeting. 2) Dan Hubley, 135 Alma Avenue, commented he has been reading newspaper articles on the UGB item and concerns of the Community Summit Task Forces not being heard. He signified there is a long list of things that need to be done and there are situations, like Canon Manor, that cannot wait any longer. He reviewed reasons for urging people to stop fighting over past concerns and take action on the UGB line and start focusing on the needs of Rohnert Park. 3) Al Semmler, Business Office on State Farm Drive, resides in Santa Rosa, referred to concerns expressed at the previous Council meeting by Summit Committee Members, and reviewed reasons for questioning why the UGB, June ballot measure instead of November. He urged Council to reverse the direction and wait for November for the UGB issue. 9. 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. Councilmember Mackenzie requested Resolution No. 98 -42 be removed from the Consent Calendar, and Councilmember Reilly requested removal of Resolution No. 98 -44 for discussion. Council concurred. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Acceptance of Cash/Investments Report for Month End, January 31, 1998 Resolution Nos: 98 -41 COMMENDING GLENN N. DORSETT, REGIONAL VICE PRESIDENT OF STATE FARM INSURANCE COMPANIES/NORTH COAST REGIONAL OFFICE/ROHNERT PARK, ON THE OCCASION OF HIS RETIREMENT 98 -43 CALLING FOR SEALED PROPOSALS FOR REPAIRS TO WELL NO. 15 Accepting 1998 -99 Swimming Pool Schedule and Fees recommended by the Darks and Recreation Commission Upon motion by Councilmember Flores, seconded by Councilmember Reilly, with the exception of Resolution Nos. 98 -42 and 98 -44, the Consent Calendar as outlined on the meeting's agenda, was otherwise unanimously approved. R ©'9ar nernna t Febs,' ?4, �9 Resolution No. 98 -42 OUTLINING POLICY FOR USE OF FEES DEPOSITED IN CAPITAL OUTLAY FUND City Manager Netter responded to Council questions on this resolution which enables the recent ordinance adopted to adjust the Capital Outlay Fees collected by developers in the City, as reviewed in the Council Meeting Memo. This has been a Council policy established on collection of these fees and adopts a procedure for how these funds are distributed. Discussion concluded upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, Resolution No. 98 -42 was adopted. Resolution No. 98 -44 CALLING FOR SEALED PROPOSALS FOR HEATING & AIR CONDITIONING SYSTEM FOR THE BOYS & GIRLS CLUB FACILITY Councilmember Reilly signified a friendly admonition that the facility referred to for this resolution was actually called the Public Safety Central Station. -- Mayor Spiro expressed concern about the lack of heat in this facility for the youth currently using it, when the project was initiated several years ago. -- City Manager Netter referred to budget cuts previously instituted, analysis of thinking this system could last another year, and confirmed portable heaters are being utilized in the interim. Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, Resolution No. 98 -44 was adopted. ******************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 10. Reba Roberts, Publicist, Miss Sonoma County Pageant, reviewed her letter of February 5, 1998, requesting funds to provide a gift of luggage for Miss Sonoma County, Mary Anne Sapio, of Rohnert Park, for her trip to Fresno in June to represent our county at the Miss California Scholarship Pageant. Ms. Roberts acknowledged she could shop for this gift and Council could present it to Miss Sapio during a designated Council meeting. Discussion included Council confirmation of this procedure in the past using Community Promotion funds. A motion was made by Councilmember Reilly, seconded by Councilmember Flores, and unanimously approved, to contribute $200 for the above - reviewed gift, as requested. 11. OTHER RESOLUTION FOR CONSIDERATION: 98-- Ratify Memorandum of Agreement with SEW, Local 707 Maintenance Workers City Manager Netter advised deferral of this resolution, as discussions continue on this item. ltil�uCrt ll'st> nclll MntCS i8) Febir 24,19! 12. Urban Growth Boundary Measure -June 1998 Election -- Consider Revisions (Vidak- Martinez) 1) Council consideration to hear item -- City Attorney Flitner responded to Council questions pertaining to procedures for reconsideration of an item requiring a four -fifths vote, as well as confirming the option of a Councilmember to make a new motion for an item, which would not require a four -fifths vote to proceed. 2) Amending Exhibit "A" to Resolution No. 98 -34 Calling a Special Municipal Election, to be Held with the Consolidated Primary Election on June 2, 1998, to Submit to the Voters of the City a Resolution which Amends the General Plan of the City of Rohnert Park and Establishes a 20 Year Urban Growth Boundary Vice Mayor Vicki Vidak - Martinez signified that she listened carefully to concerns expressed at the previous Council meeting regarding this item. She contacted City Manager Netter regarding proposed changes to address these concerns, and worked closely with Assistant City Manager Leivo on her proposed revisions provided to Council, per the written review of same dated February 19, 1998 from Assistant City Manager Leivo, requesting the Council to consider amendments to the 20 Year Urban Growth Boundary (UGB) Resolution. She shared contents therein reviewing her proposed revisions as follows: *Vice Mayor Vidak- Martinez proposes changes to clarify that amendments to the 20 Year Urban Growth Boundary would be subject to voter approval. The proposed amendments address changes in Section 0.050 Exceptions, pp. 8 -10 and Section 0.070 Amendment or Repeal, p. 10. *Vice Mayor Vidak - Martinez asked staff to redraft paragraph A, p. 8, regarding compliance with state housing law. She wanted staff to make it clearer that adjustments of the UGB under this paragraph would be made only if necessary to comply with state housing law. Staff quoted the pertinent section of State law and incorporated two standards from Measure "N." *Vice Mayor Vidak - Martinez proposes to delete clause 7, paragraph D, and paragraphs E and F, p. 9. These deletions were among the recommendations made by Councilmember Mackenzie during the last Council meeting. The City Attorney and legal counsel advise that these paragraphs are not necessary to assist the legal defense of the Resolution. Deletion of these paragraphs is a matter of public policy. off the paragraphs are deleted, and the measure approved, the voters would have to approve adjusting the UGB for a proposal located outside the UGB. Such a vote may take so much time to conduct that the opportunity may be lost. @If the paragraphs are retained, and the measure approved, the Council theoretically could adjust the UGB for an unusual opportunity. Yet, the City's General Plan, Sphere of Influence, and planning policies would reflect the UGB. The planning processes necessary to approve a project outside the UGB may take so much time that the opportunity would be lost. Furthermore, Council legislative actions taken to authorize the project would be subject to voter referendum. *As a practical matter, it most likely does not matter whether the specified paragraphs are or are not included in the UGB Resolution. *Finally, Vice Mayor Vidak- Martinez recommends substituting the term "voters" for "electors" in the Amendment or Repeal Section, p. 10." A i otion was made by Vice Mayor Vtuak- Martinez, seconueu by Councilmemb-cr Flores, to proceed with above amendments of Exhibit "A" to Resolution No. 98 -34. Council reviewed differing opinions related to this June 1998 UGB ballot measure. The motion was approved 3 -2, with Councilmembers Mackenzie and Reilly dissenting. itp�t ert 1'a ounc tM inn#cs t §) 1~eh C lilts RECESS: Mayor Linda Spiro declared a recess at approximately 8:50 p.m. RECONVENE: Mayor Spiro reconvened the Council meeting at approximately 9:00 p.m. with all Councilmembers present. 13. Century Communications Cable TV - Presentation Steve Lamb, General Manager of Century Communications in Rohnert Park introduced Fran Parkey, Regional Manager of Century Communications. Mr. Lamb gave the presentation for this item, referring to informational material distributed to Council, providing an update on Cable TV matters as follows: • Rohnert Park Cable System Rebuild; • Future Channel Addition process for selections & Must Carry Channels; and • Proposed Transfer of Century Communications to T CI. Mr. Lamb and Ms. Parkey responded to various Council questions throughout this presentation. Council expressed appreciation for this presentation and for being brought up to date on the Cable TV matters. AGENDA ORDER: Mayor Spiro advised that agenda item #18 would be moved forward and handled at this time as a courtesy to individuals present for the item. 18. Philipino- American Association of Rohnert Park (PAARP) letter request re. City requirements for possible sisterhood relationship in a foreign country Val C. Tabunot reviewed his letter dated January 20, 1998 for this item. He introduced Mr. Bacani and Mr. Vega, of the Philipino- American Association of Rohnert Park, who were present at this Council meeting to represent this letter request with Mr. Tabunot. City Manager Netter referred to the City's previous Resolution No. 84 -66 establishing a Sister Cities Relationships Committee, which was provided for Council's information. This Committee currently has a Sisterhood with Hashimoto City, Japan, but the resolution also provides for additional relationships with other cities, including the Philippines and other nations. City Manager Netter recommended referral of this evening's request to Rohnert Park's Sister Cities Relations Committee for review and recommendation back to the City Council on the establishment of a relationship with a City in the Philippines. Discussion followed. A motion was made by Mayor Linda Spiro, seconded by Councilmember Flores, the principal and concept of the above - reviewed letter request with referral to the City's Sister Cities Relations Committee, as recommended by staff, was unanimously approved. RETURN TO ORIGINAL AGENDA ORDER: Council returned to agenda item #14 to proceed with the original order of items listed on the meeting agenda. Councilmember Flores leaves /returns: Councilmember Flores left the chamber at approximately 9:40 p.m., during the City Manager's opening comments of the next agenda item, and returned at approximately 9:42 p.m. ertl�ark > utest £14) Fli , I0 14. Wilfred/Dowdell Specific Plan Area re. 22 acres located outside & contiguous to northwest city limits (tech. 24 acres) City Manager Netter advised information was provided to Council for this item as follows: (1) separate staff report from Community Development/ Planning Director Wendie Schulenburg with resolution for consideration to approve the initiation of the Wilfred/Dowdell Specific Plan, as signified; and (2) report from City Attorney Flitner with attached second draft of reimbursement agreement with property owners which he is in the process of finalizing. Planning Director Schulenburg signified that some of the property owners were present at this Council meeting. She confirmed meeting with the property owners and shared that the majority, i.e. representatives for about 70% of the property, will pay the costs up front, and about 5% do not have resources for up front costs. Ms. Schulenburg responded to Council questions related to this item. Discussion followed. Resolution No. 98 -45 APPROVING THE INITIATION OF A WILFRED/DOWDELL SPECIFIC PLAN, DIRECTING CITY STAFF TO UNDERTAKE THE PREPARATION OF SAME, ESTABLISHING A SPECIFIC PLAN FEE SCHEDULE, AND AUTHORIZING THE CITY MANAGER TO SIGN A REIMBURSEMENT OR LIEN AGREEMENT WITH THE AFFECTED PROPERTY OWNERS FOR THE PREPARATION OF THE SPECIFIC PLAN Upon motion by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, including direction for staff to make every effort to contact the elderly property owner of the designated 5.05% of this area, or her estate, to let her know about this, reading of the resolution was waived and Resolution No. 98 -45 was adopted. Councilmember Mackenzie leaves /returns: Councilmember Mackenzie left the chamber at approximately 9:45 p.m., during the City Manager's opening comments of the next agenda item, and returned at approximately 9:48 p.m. 15. Planning and Zoning matter: File No. 1597 - California Park West Subdivision/Sterling Communities re. consideration of an In -Lieu Donation Agreement for Sterling Communities City Manager Netter referred to the staff report and resolution for consideration of this item, as summarized in the Council Meeting Memo. -- Planning Director Schulenburg reviewed the staff report dated February 24, 1998, outlining the history and reasons for the proposed change in the affordable housing condition, as signified in the tentative subdivision map. -- Discussion included responses to various Council questions related to this item by Planning Director Schulenburg, Assistant City Manager Leivo and City Attorney Flitner. Carl Metz of Sterling Communities explained the background of being approached by the developer last fall to build out the remainder of lots on the west side of the development; reviewed complexities of options and considerations involved to proceed; and responded to Council questions. RYiagC a 4 Va+t : Rikil�# #t`�i R1: F @�31Fa .. 4} 1 98 EXTEND COUNCIL MEETING: A motion was made by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, to extend the Council meeting past 10:00 p.m. to finish necessary agenda items. A motion was made by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, to waive the reading and adopt Resolution No. 98 -49 approving the above - designated In -Lieu Agreement with Sterling Communities. *Discussion included concerns regarding the $180,000 to $219,000 price range for the houses in this development; affordable housing needs; original intentions of the previous developer; no current enforceability of affordable housing with comparisons to Task Force deliberations in process for same; and appreciation for the efforts and situation of Sterling Communities. Councilmember Mackenzie leaves /returns: Councilmember Mackenzie left the chamber at approximately 10:12 p.m., during discussion of the motion, and returned at approximately 10:15 p.m. •A friendly amendment to the above motion was offered by Councilmember Flores, in the spirit of cooperation between staff, the builder and the City Council, to establish an amount for allocation of $90,000 for the Housing Development Fund, i.e. 18 units x $5,000 each. •Councilmember Mackenzie, the maker of the motion, requested comments from staff on the proposed friendly amendment. • Planning Director Schulenburg referred to her concern regarding conditions signified for the previous developer of the subdivision, William Lyons, and shared that she understood the importance of this for development funds, however, it is only logical to stay with terms of the previous developer. *Councilmember Mackenzie declined acceptance of the friendly amendment to his motion. Resolution No. 98 -46 APPROVING AN IN-LIEU AGREEMENT WITH STERLING COMMUNITIES IN COMPLIANCE WITH CONDITION NO. 14 OF CALIFORNIA PARK WEST TENTATIVE MAP AND AUTHORIZING THE CITY MANAGER TO SIGN THE AGREEMENT IN BEHALF OF THE CITY The initial motion by Councilmember Mackenzie, seconded by Vice Mayor Vidak- Martinez, to waive the reading and adopt Resolution No. 98 -46 was approved 3 -2 by the following roll call vote: AYES: (3) Councilmembers Mackenzie, Flores and Vice Mayor Vidak - Martinez NOES: (2) Councilmember Reillv and May_ or Sp_ iro ABSENT: (0) None ABSTAIN: (0) None Mayor Linda Spiro stated, for the record, that for the original intent with the previous developer, the need is to have affordable housing in the traditional fashion intended when Council previously voted on it. 9.0114W Fait I ow Im UP- 16. Housing Financing Authority re. Rancho Feliz Mobile Home Park Resident Election appointment City Manager Netter explained the staff report provided for this item, as reviewed in the Council Meeting Memo, and responded to Council questions. 1) Accepting letter resignation from David Patton (two year tern to expire 12131198) Council concurred to accept this letter resignation, with regrets, from David Patton. 2) Appointment to fill vacancy (must be a park resident) Council concurred to appoint Debbie Churchill to fill the above vacancy, due to being the candidate with the next highest number of votes in the December 12, 1997 resident election. 17. Commission /Committee/Board appointments: 1) Senior Citizens Advisory Commission *To fill vacancy left by John Chase (LS nomination) Mayor Linda Spiro advised deferral of this item pending the Senior Citizen Advisory Commission's consideration of the 60 year age limit during its March 19, 1998 meeting. 2) Sister City(s) Relations Committee •To fill vacancy left by Julie Yonemura (At large appointment) Referring to the Fact Sheet application received for the Sister City(s) Relations Committee, Council concurred to the at large appointment of Myreleen Ashman to fill this vacancy. 18. Philipino-American Association of Rohnert Park (PAARP) letter request re. proposed sisterhood relationship -- This item was handled earlier on this meeting's agenda. 19. Council Committee and /or Other Reports: 1) Performing Arts Center (Spiro/Mackenzie) Comments by Councilmember Mackenzie, Mayor Spiro and City Manager Netter on this Committee Meeting report included acknowledgment of new Orchestra Board with name change to Rohnert Park Sonoma Orchestra; fundraising efforts for flood victims benefit concert at the Performing Arts Center; intention to have final concert of the season in March, and anticipation of 1998 -99 season to perform classical music. 2) Skateboard Pffks Areas (Mackenzie/Reilly) Councilmembers Mackenzie and Reilly provided this Committee report which included confirmation of making their presentation on the past history of related efforts to the Haun PTA meeting; changing the reference to Skateboard "areas" versus "parks" due to reflected connotations; Haun PTA representatives will review the matter with their group as a Committee, as they are not interested in going from neighborhood to neighborhood for a survey of opinions, but propose to approach the idea toward a neighborhood concept. The Council Committee would await further instruction from the Council regarding this item. They would probably be asking for this item to be agendized sometime in the future, maybe when the new Recreation Director is appointed, however, it is unlikely any neighborhood skateboard area will be developed in the community in the near future. i4arc 1'�ar Count 1utates t3 1�+1t 2,1 3) Subregional Wastewater Policy Advisory Committee (Flores) Councilmember. Flores reported that in about one year all of the reclaimed water will be treated by ultra violet light and will no longer need to have chlorine, as demanded by growers of vineyards, which enhances the use of water. The Water Quality Board has been supportive of the Geysers Project, however given minimal legal challenges, a 5 year period would be anticipated for the pipeline, which guarantees 20 years of use and 10 year option. - -City Manager Netter responded to Council question that he met with Paul Baldochi regarding Canon Manor concerns. Canon Manor Ad Hoc Committee Members Mackenzie and Vidak- Martinez requested a formal Committee meeting be scheduled in mid- March. 20. Communications: Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 21. Matters from /for Council: 1) Town Hall Center Task Force requests (Vidak- Martinez) Vice Mayor Vidak - Martinez pulled this item from further discussion. 2) General Plan Technical Update - request for progress ss report (Mackenzie) Councilmember Mackenzie requested this item be agendized for the March 24th meeting. 3) Community Summit/Hudson Report- presentation proposed 3/24/98 (Mackenzie) Councilmember Mackenzie requested this item also be agendized for the March 24th Council meeting. He requested that Mr. Hudson be present for the presentation, if Council agrees. Council reviewed aspects of the timing of the Summit and the Hudson Report, and budget concerns related to additional expenditures for Mr. Hudson's time. Council concurred to defer further discussion of this item to the next Council meeting following the City Manager's contact with Mr. Hudson regarding presentation possibilities. 4) Support letter for Northwest Railroad Authority City Manager Netter explained this letter dated February 13, 1998 requesting support to recover past years' storm damage reimbursement for normalizing operations. Discussion included a motion by Mayor Linda Spiro, seconded by Councilmember Reilly, and unanimously approved, to send the letter as requested but to synchronize two letters signifying Council would not support this if there is no permit for Cable TV. 5) Fence in front of pig farm/Request from Rancho Grande MHP Seniors(Spiro) Mayor Linda Spiro reviewed concerns related to this item signifying that some of the mobile home park residents did not care if they looked at the fence and others did. Councilmember Mackenzie suggested presenting the concerns to a County Supervisor as this seems to be more in Rohnert Park's boundaries. Council agreed that a letter over the Mayor's signature to the County reviewing this concern would be appropriate. 6) Forum for City Ethnic Diversity (Spiro) Mayor Spiro referred to comments made to the Chamber several months ago and the Philipino- American Society earlier this evening, and the report provided to Council which she received on her recent trip to Washington, DC entitled "What is One America: Conversations that Bring Us Together? - A Nationwide Outreach Effort By the President's Initiative on Race" (copy attached to original set of these minutes). She shared beneficial R f�nert Cp tiC tow" aspects of this effort for those who would like to participate in this informal approach to reach others, and to facilitate rather than ignore related concerns. The City could sponsor the first roundtable discussion and then see if there is sufficient participation and interest to proceed further. -- Vice Mayor Vidak - Martinez commented on efforts of the Building Bridges Group over the years which brought many adults together for the safety of youth. - -Mayor Spiro suggested the Building Bridges Group might want to participate in this effort, which would be an adult focus compared to the other one which focused on youth. Council agreed that Mayor Spiro and Vice Mayor Vidak - Martinez should work together on this effort and pursue it. 7) Animal Shelter liaison (Mackenzie) Councilmember Mackenzie signified his interest to be the Council Liaison for the Animal Shelter, as he did not think anyone had volunteered for this assignment since former Councilmember Art Hollingsworth had the assignment. Council concurred. 8) Sonoma County Transportation Authority (SCTA)- major proposed improvements (Flores) Councilmember Flores reviewed recent SCTA discussion regarding major proposed improvements on the U. S. 101 Corridor from Wilfred Avenue to Steel Lane. $6 million was budgeted and the new Caltrans report indicated $12 million over budget so projected allocations may be considering the scope of work from Wilfred Avenue to College Avenue. 9) Sewer rates /Capacity/Bond Issues (Reilly) Councilmember Reilly referred to the staff report presented at the last Council meeting on the increased sewer rates. Mr. Reilly requested an additional staff report at the next Council meeting on a number of bond issues signified in the previous report. Council concurred. 10) School uniforms (Spiro) Mayor Linda Spiro signified she was pleased to read a recent article on Santa Rosa City Schools voting in favor of uniforms. She requested a formal letter be written to the Cotati- Rohnert Park School District to inquire about the status of this consideration for our schools, as she understood they were in the process of voting on it. 11) Attorney /Client Contract Privilege (Mackenzie) Councilmember Mackenzie referred to the City's previous contract agreement dated May 30, 1997 with Attorney Margaret Sohagi and expressed concerns regarding the attorney /client privilege of confidentiality signified on her letterhead agreement. City Attorney Flitner responded that once a contract is awarded by the Council, the terms of the contract are public information. The confidentiality of communications applies throughout negotiations of the planning process. 22. City Manager's report: 1) Senior Citizens Advisory Commission re 60 year age limit -- City Manager Netter signified this item is scheduled for review at the next regular meeting of the Senior Citizens Advisory Commission on Thursday, March 19, 1998. 23. City Attorney's report: 1) Any items from closed session City Attorney Flitner advised the Mayor's report on closed session items was sufficient. 2) Rules on Conflicts of Interest - Analysis City Attorney Flitner referred to the draft in process for this item which he would provide to Council upon completion. 24. Unscheduled Public Appearances: Mayor Linda Spiro asked if there were any additional unscheduled public appearances at this time. No one responded. 25. Adjournment: There being no further business, Mayor Linda Spiro adjourned the meeting at approximately 11:00 p.m. to 6:00 p.m., Tuesday, March 3, 1998 for Joint Meeting with Sonoma State University Cabinet, to be held in the University Club at SSU. De Ci lerk jh/mins:022498mn �4� , " - - , "/ -, � Mayor