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1993/03/23 City Council MinutesRohnert Park City Council Minutes March 23, 1993 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 Hollingsworth presiding. CALL TO ORDER - Mayor Hollingsworth called the regular session to order at approximately 7:05 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters including the annual performance evaluation of the City Manager. He said no action was taken and there was nothing else to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy, Director of Public Works /City Engineer Brust, Superintendent of Public Works Rail and Recreation Director Pekkain. Approval Upon motion by Councilmember Reilly, seconded by Councilmember Spiro, of the minutes of March 9, 1993 for the regular City Council meeting Minutes were unanimously approved as submitted. Upon motion by Councilmember Spiro, seconded by Mayor Hollingsworth, with Councilmember Reilly abstaining due to late arrival at said meeting, the minutes of March 9, 1993 for the Grand Jury work session were unanimously approved as submitted. Approval Councilmember Spiro referenced item #53164 to Frontier Travel & Tours of in the approximate amount of $6,000 and asked if local agents had been Bills consulted to compare costs prior to utilizing an agency outside the area. She also referenced item #53281 to Santa Rosa Paper in the approximate amount of $2,000 and asked why a local company had not been used. City Manager Netter responded that the approximately $6,000 to the travel agency was because of a bus trip excursion for the Seniors and this particular agency specializes in bus tours, according to information received from the Recreation Dept. The Seniors had collected about $6,500 in fees and needed an advance payment. Local travel agencies had been contacted but none specialized in this type of bus tour service. Regarding the approximately $2,000 for paper supplies, this item was for replenishment of paper towels that fit certain established brands of holders throughout City facilities. Staff is in the process of getting some quotes from local venders so these provisions can be handled locally and this was the estimated amount of supplies needed until that can be accomplished. Upon motion by Councilmember Eck, seconded by Councilm niDer Reilly, the bills presented per the attached list in the amount of $732,399.35 were unanimously approved as amended. Rohnert Park City Council Minutes (2) March 23, 1993 Non- agendaed Mayor Hollingsworth queried if any Councilmember had any non - agendaed matters items to add to the agenda. Councilmember Spiro said she had some miscellaneous items to add and City Manaqer Netter said he had a couple miscellaneous informational items to add. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), anyone in the audience who wished to make a commwnt may do Appearances so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Glenn Foley, 1036 Hawthorne Circle, expressed appreciation and compliments to City Council Members with special thanks to past members of the City Council for their devotion and hard work involved toward making Rohnert Park the fantastic city that it is through their vision and efficient, business -like manner. He said the City is the best place to live in the north bay area and this is due to the fine efforts of past elected and appointed officials. He encouraged the Council to continue in a progressive and positive manner. Jim Redding, 450 Horn Avenue, agreed with previous statements. Mr. Redding said he also wanted to voice his concerns in regard to taking City Council Members to task publicly, hopefully, in a mild manner. He reviewed examples of conflicts between certain Council Members that have been made public at recent meetings, as well as remarks quoted by local newspapers and said Council should work toward cooperation and have respect for fellow City Council Members. Particular personal objectives should no longer prevail once a person becomes a City Council Member. The Council represents the people who work here, own property now and /or may own property in the future. The questions Council should ask themselves now should be, "Is the action you take good for Rohnert Park? Will it help toward developing increased commercial development, etc. ? ". The criteria should not be, "Will this action set well with my friends and supporters, personal future goals, etc. ?" Rohnert Park, as it is today, did not just happen by itself, but has been the result of many people working together iAho have learned how to minimize the negatives and do what was beneficial for Rohnert Park. W. Redding said he would like to see this Council continue in this positive manner, Valentino Sabuco of Valentino Sabuco & Company, Personal /Business Financial Advisors and Publishers, Red Lion Plaza, 101 Golf course Drive No.214, also expressed concerns regarding what he has read and heard through local media relating to above - reviewed matters. He said Rohnert Park is a good city in which to live and expressed appreciation for past City Councils, Commissioners, staff, etc. that has made this possible. In regard to the economic times, Mr. Sabuco said he was pleased to learn that Sonoma County is doing a lot better than most of the State, however, efforts should be made by everyone in the coma -pity to do whatever can be done to get through these rough economic times. He said he does not consistently attend City Council meetings because he felt there were other pressing matters more relevant requiring his Rohnert Park City Council Minutes (3) March 23, 1993 attention. He reviewed examples relating to how City Council should do its job and the citizens will do theirs. Mr. Sabuco said he did not think citizens should be asked for input on every tough decision Council has to make and he felt this is the Council's job. If residents have a problem with decisions Council makes, then they will let Council know. Mr. Sabuco said the City Council should think about what its job descriptions are and do what needs to be done to make this City a great place to live. Mr. Sabuco distributed copies to Council of a page from a publication entitled "Paradigms in Progress - Life Beyond Economics" by Hazel Henderson listing numerous categories showing quality indicators for progress and through which a city can measure its "quality of life ". Mr. Sabuco said Council needs to fill these needs, keep dirty laundry to themselves that could have a very negative effect on everybody, and focus on efforts that will help others and enhance the community. Scott Ditto, 4310 Grange Court, said he has known several of the Councilmembers over marry years and expressed concern regarding recent slinging of dirt. He said Rohnert Park is a nice place to live and reminded Council of what happened to Petaluma when it tried to stop growth and said, though he is a commercial contractor and does not build houses, supported continued growth of the area. Mr. Ditto said Council needs to work together and not against each other to best utilize its time toward efforts to meet the economic challenges ahead pertaining to the real needs of the commmity. Chip Worthington, 8080 Mitchell Avenue, shared comments pertaining to the enjoyment and numerous benefits of living in an area like M section and reviewed various advantages that the large 16 acre park provides to the surrounding residents. He complimented past cooperative efforts between Rohnert Park City Council, staff, developers, etc. and said there needs to be a continued atmosphere of creative cooperation, rather than criticism, throughout the City in regard to relation- ships between the public elected officials and the private sector, especially since developers do not have to give as much to a city as the developers in this community have provided. If questions emerge about an elected official, the situation should be addressed, but sometimes a negative spirit can creep into a city and, before you know it, more time is spent on fighting than toward the spirit of working together. He encouraged the Council to work together because Rohnert Park is a great city and he would like to see it expand and grow as the needs arise. Charles Kitchen, 4945 Fern Drive, reminded Council of earlier disputes of previous Council Members and supported the efforts of the new Council Member to also deal with various issues accordingly. Jake Mackenzie, 1536 Gladstone Way, referenced recent Grand Jury Report work sessions and reviewed the numerous complexities over the past three years pertaining to the General Plan update including concerns related to annexations, open space, development of the new wine center, etc. Rohnert Park City Council Minutes (4) March 23, 1993 Mr. Mackenzie said he would like to go on record commending Councilwoman Gallagher for the fact that she has reminded the City Council of these events that led to the Grand Jury's recommendations. He conplimented the many parks and community provisions made available to residents but said attention needs to be given to comments in the report related to annexation of one portion of land whereby equal opportunity was not provided to others. Mr. Mackenzie reviewed such complexities that were made clear in last year's election and suggested Council consider dealing with some of these issues that were brought up over the last few years in its response to the Grand Jury Report. He said he felt, however, that everything is basically fine and that these matters do not need to be laid out in more specific terms because of differing opinions. In moving forward, the General Plan needs to be followed since it has been constructed to deal with these elements and offers a blue print to follow. There being no one further desiring to speak under unscheduled public appearances, Mayor Hollingsworth closed public comments at approximately 7:32 p.m. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. City Manager Netter distributed copies to Council of revised job description for the Director of Public Safety pertaining to Council consideration of Resolution No. 93 -25 on tonight's Consent Calendar regarding same. Council concurred co remove this item from the Consent Calendar to allow more time to fully review the matter. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.93 -24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF KEITH HALLOCK (Re. City's Annexation process and procedures) Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, with the exception of the removal of Resolution No. 93 -25, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Rohnert Park City Council Minutes (5) March 23, 1993 Accepting resignation of Bill Avery from Mobile Home Parks Rent Appeals Board ( Councilmember Spiro's appointee) - City Manager Netter referenced copies provided to Council of letter dated March 4, 1993 from Bill Avery and explained contents therein, as reviewed in the Council Meeting Irmo, regarding Mr. Avery's resignation from the Mobile Hors Rent Appeals Board due to extensive demands related to his business. Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, with regrets and appreciation to Bill Avery for his efforts in serving the coma- unity, his resignation from the Mobile Horne Parks Rent Appeals Board was accepted. Councilmember Spiro said she would not be making her nomination for the appointment at this time as she needed to review possibilities. Ordinance No. 573 AN ORDINANCE OF THE CITY OF ROHNERT PARK REPEALING AND RE- ENACTING CHAPTER 2.24 (CULTURAL ARTS CONMISSION) OF THE ROHNERT PARK MJNI- CIPAL CODE City Manager Netter explained the ordinance as reviewed in the Council Meeting Nlemo. This ordinance was introduced at the Council meeting of March 9th, 1993. Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Ordinance No. 573 was waived and said ordinance was adopted. Ordinance No. 574 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 8.32 USE OF TOBACCO IN PUBLIC PLACES, TO DEFINE A BAR AND TO PROHIBIT SMOKING IN CERTAIN PUBLIC PLACES City Manager Netter explained the ordinance as reviewed in the Council Meeting Memo. This ordinance was introduced at the Council meeting of March 9th, 1993. Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Ordinance No. 574 was waived and said ordinance was adopted. 1992 Sonoma County Grand Jury Report: Discussion /action responses to Grand Jury's inquiries /recom wndations- City Manager Netter said copies were provided to Council of revised 3rd working draft response to 1992 Sonoma County Grand Jury Report. He said copies were also provided to Council of Councilwoman Gallagher's individual response to the referenced Grand Jury Report in draft form in letter dated March 17, 1993 for Council's review. Discussion followed during which Councilmember Reilly said he would like to make one attempt at combining the two responses by removing certain paragraphs specifically related to historical events and not necessarily relative to the needs and requests contained in the Grand Jury Report. This could make it possible for Councilwoman Gallagher Rohnert Park City Council Minutes (6) March 23, 1993 to participate in signing the response letter by eliminating those historical explanations that took place prior to her election to the City Council. Both Mayor Hollingsworth and Councilmember Spiro responded that they had no problem with Ms. Gallagher's separate response and thought it was appropriate since she was not on the City Council at the time of the referenced events. A motion was made by Councilmember Eck, seconded by Councilmember Spiro, to submit the 3rd working draft Grand Jury response letter, as presented tonight and without further revisions, to the Presiding Judge of the Superior Court with the option for Councilmember Gallagher to submit her separate response to same as reviewed, was unanimously approved by roll call vote. Mayor Hollingsworth commented that he hoped this matter could be put behind them and thus enable the Council to proceed with the business of the City. Council/Manager Team Building Workshop at League of California Cities Mayors & Councilmembers Executive Forum - July 21 -23, Monterey - City Manager Netter advised copies were provided to Council of notice regarding this item for informational purposes. ##################################################### # # # # ### # # ### # # # ### # # # # # # # ## ## ## BOY & GIRL SCOUT'S OF AMERICA - MDCK CITY COUNCIL MEETING Mayor Hollingsworth welcomed the Boy and Girl Scouts and explained the Scouts had spent the full day with City staff for "Scouts in Govern- ment Day ". The Mayor assisted the Scouts throughout the following Nock City Council Meeting. Scout Mayor Amy Sturdevant called the Mock City Council Meeting to order at approximately 7:48 p.m. and requested a roll call for introduction of Scouts present at this meeting, as signified on the agenda prepared for same. Present were Scout Councilmembers Korie Klinger of Troop No. 129, Lela Martin of Troop No. 191, Carl Eggleston of Troop No. 23, Andy Walters of Troop No. 314, and Scout Mayor Amy Sturdevant of Troop No. 4, Scout City Manager Tom Denson of Troop No. 23, Scout City Attorney Gia Snyder of Troop No. 4, Scout Assistant to the City Manager Stephen Thomas of Troop No. 23, Scout Planning Director Dena Ito of Troop No. 191, Scout City Engineer Rebecca Grant of Troop No. 129, Scout Finance Director Nick Bulleri of Troop No. 314 and Scout Recreation Director Andrea Crou of Troop No. 129. Scout Mayor Amy Sturdevant initiated discussion concerning the various items listed on the agenda resulting in Boy /Girl Scout motions and approvals of 1) shopping carts /litter removal; 2) stadium repair; 3) weight room expansion and improvements to existing facility versus expense of new structure; 4) homeless shelter and food kitchen; and an indoor pool. Miscellaneous items reviewed by Scout Councilmembers included recommendation to remove the current "Friendly City" sign at the entrance of the City and replace it with a more attractive and Rohnert Park City Council Minutes (7) March 23, 1993 interesting sign with a symbol of some kind to represent Rohnert Park. Mayor Hollingsworth responded to Scout Council inquiry regarding this matter that the sign has been established as an historical monument and there would be some complications with federal regulations, but said he would pass this recommendation on to the full City Council. Scout Council agreed. The second miscellaneous item reviewed by Scout Councilmembers was recommendation to save electricity by turning off street lights around 11:30 p.m. on week nights with the exception of leaving only main street lights on for the benefit of people working graveyard shifts. P.G.& E. representative David LaFever responded to Scout Council inquiry regarding this matter that P.G.& E is in the process of selling the referenced street lights to the City of Rohnert Park, but he thought something could probably be worked out to the Scout Council's satisfaction. However, the Scout Council might want to refer this matter to the Scout City Attorney for further review because of liability factors and the possibility of additional costs incurred from lawsuits due to darkness. Scout Council concurred not to pursue this matter. There being no further miscellaneous items, Scout Mayor Amy Sturdevant adjourned the Boy & Girl Scout Mock City Council meeting at approximately 7:58 p.m. ######################################### #### # # # ### # #### # # # # # # # # # #### # ## RECESS Mayor Hollingsworth declared a recess of the regular City Council meeting at approximately 7:58 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 8:05 p.m. with all Councilmembers present. Request from Konocti Girl Scout Council to distribute flyers asking for donations (in City's utility bills) - City Manager Netter said copies were provided to Council of letter request dated Mssrch 9, 1993 regarding this matter. He shared contents therein as reviewed in the Council Meeting Memo and responded to Council questions regarding same. Discussion followed during which Council agreed there was a need to establish some kind of criteria for distribution of flyers in the City's utility bills. Upon motion by Councilmember Gallagher, seconded by Councilmember Reilly, the Konocti Girl Scout Council's request to distribute flyers asking for donations in City utility bills, and directing staff to develop an administrative policy establishing criteria for such future requests from non - profit groups, as well as authorization for staff to approve such requests according to the policy, was unanimously approved. Planning and Zoning matters: File No. 1585 - Codding Enterprises appeal on Negative Declaration /Focused Environmental Impact Report (EIR) for Laguna Drive Apartment Project proposed to be located on the south side of Laguna Drive, north of and contiguous to the Rancho Feliz Nbbile Home Park, south of Price Club and west of Labath Avenue - Planning Director Skanchy referenced plans Rohnert Park City Council Minutes (8) March 23, 1993 on display and said copies were provided to Council of staff report dated February 25, 1993 and various pertinent attachments. He shared contents therein and responded to various Council questions regarding this matter confirming Planning Comnission's unanimous approval at its meeting of February 24, 1993 recommending that a Focused Environmental Impact Report be prepared for this project prior to any further review of consideration including coverage of impact on traffic, schools (transportation to and from), day care facilities, public safety needs, sewer capacity, parks and libraries. W. Skanchy explained that Codding Enterprises has appealed this recommendation and representatives are present at tonight's City Council meeting to review concerns related to same including acknowledgment that two (2) EIR's were done on this project area about 3 years ago and Codding Enterprises does not agree with the necessity of further EIR's. W. Skanchy said the proposed project would be for one bedroom units, number of children anticipated to be minimal, and would provide low income housing that would help offset the housing demands of the newly developed commercial area on the west side of the freeway. City Manager Netter said copies were also provided to Council of additional items related to this matter including: letter dated March 22, 1993 from Codding Enterprises requesting Council approval to proceed with the referenced project without demand of the additional EIR for the specific area; letter dated March 16, 1993 from Sonoma County Water Agency confirming no objections to the proposed project concerning site drainage; relative traffic volume excerpts from both the current 1989 General Plan and the 1993 General Plan Update; and Section 3 of the above - referenced previous Expressway Mall EIR regarding Traffic and Parking Environmental Assessment including project mitigation measures and monitoring. City Manager Netter, City Attorney Flitner and Planning Director Skanchy responded to various Council questions regarding this matter and related to content of the above- referenced items provided for Council's review. Discussion followed during which Council expressed concerns involving differing opinions pertaining to the urgent need to proceed with such a project for affordable housing on Lhe west side without the delay of further EIR's versus the need to uphold the Planning Commission's recommendation for the additional EIR because previous EIR's did not give adequate Consideration to residential housing on the west side of the freeway. Hugh Codding of Codding Enterprises, 6400 Redwood Drive, reviewed content of above - referenced communications explaining reasons for Council consideration of this appeal of an EIR for the proposed Laguna Drive Apartment Project. Mr. Codding responded to various Council questions regarding same including comparison of this project with the similar complex in Coddingtown developed 8 years ago, 35% larger than the proposed Rohnert Park project, with very minimal number of children due to the fact that the units are not large enough to be adequate for raising children. He referenced the previous Expressway Mall EIR and said there could even be a reduction in traffic impacts because of the housing provision for those working on the west side so there would be less traffic back and forth across the interchange. Mr. Codding confirmed that rather than cutting the two parking spaces per unit provision to one and a half, as previously considered for the Rohnert Park City Council Minutes (9) March 23, 1993 provision of recreational space, consideration could be given to the 4 or 5 acres adjacent to the referenced property to provide reasonable recreational facilities for this complex. Mr. Codding further reviewed financial complexities involved related to delays of requiring an additional EIR for this project, confirmed willingness to deal with every possible concern without further EIR delays and restrictions, and reminded Council of its past support of Codding Enterprise projects. PUBLIC CONVENTS - Mayor Hollingsworth opened the meeting to public comments regarding this matter at approximately 8:20 p.m. Linda Branscomb, 21 Anne, referenced copies provided to Council of above- referenced Planning Commission meeting minutes of February 25, 1993 and said she would like to make a correction to her comments therein pertaining to this item. She said she thought the housing project should be built as proposed near the commercial developments where the people are working and consideration should be given to the environmental impacts of the project. Ms. Branscomb recommended, however, that Codding Enterprises deal with all the concerns addressed by the Planning Commission to be sure these issues are covered and do not become problems in the future. George Horwedel, 7669 Camino Colegio, said Hugh Codding covered all the concerns he had regarding this project and agreed with the need for affordable housing near the jobs along with above - reviewed recreational and public safety provisions. Mr. Horwedel recommended the development of a seven member committee to ensure these provisions comprised of a representative from the School District, Jake Mackenzie, a Council Member, a Planning Commissioner, a representative of the mobile home park, a representative from Codding Enterprises, and a representative from the Housing Task Force. James Clark, 80 Walnut Circle, said he would like to address a subject no one had mentioned, specifically, that Mr. Codding is a godfather to the City of Rohnert Park and has brought enough money into this community to take us out of a bare bones economy. The Laguna Drive apartments will certainly help the housing situation and does not need another EIR to proceed with it. You have heard Mr. Codding say he will junk the project if another EIR is required so vote for the benefit of the entire City and approve this project that will help generate needed income and provide affordable housing. Ralph Risley, 42199 Rockcod, Sea Ranch, addressed the need for low income housing and gave examples of reasons for same including hourly rates of people working in the retail businesses. Compared to the current situation of the need for such workers to commute from existing affordable housing areas, some as far as Cloverdale, the traffic impacts and pollution would probably even be improved. As elected officials, it is your responsibility to reflect the needs of the community and this housing project provides an opportunity to support a balanced infrastructure. Failure to approve this project not only violates the needs of individuals but the needs of the City as a whole. Rohnert Park City Council Minutes (10) March 23, 1993 Jake Mackenzie, 1535 Gladstone Way, requested the City Council to consider making a motion to simply mitigate traffic impacts relevant to this proposal in the Negative Declaration, as it did not seem this project should require the Focused Environmental Impact Report that the Planning Commission has advised. Mr. Mackenzie said he agreed with the numerous above- reviewed reasons for this direction including the establishment of certain guidelines to follow relating to the various requirements and provisions of the project. He confirmed his observation of the parcel of land adjacent to the proposed project and thought it would be adequate for necessary recreational provisions. This project would also fit with the concept of compact urban growth which is a concept we are going to have to face. With citizens wanting open space on one hand and affordable housing on the other, this project offers a solution by infilling. Since this is only the first step in the process, you are not voting on the design or details of the project, such as recreational provisions, etc. but simply direction related to mitigation of EIR impacts. The previous EIR resolution indicates the traffic mitigations were done, therefore, it would seem that with the benefit of these previous EIRs, the environmental concerns of this project could be satisfied. Mr. Mackenzie recommended moving ahead with this project so Council could move on to more interesting concerns such as the amendment to the General Plan and rezoning. David Spangenberg, 285 Hamilton, Palo Alto, Legal representative for Rancho Feliz Nbbile Home Park, said EIRs do not kill a project, it only tells you what the impacts will be on your community. He referenced the Planning Staff Report regarding Initial Study for a Negative Declaration dated January 1993 for Laguna Apartments and shared comments related to page 5, item XXI - Mandatory Findings of Significance stipulating that the proposed project will have a cumulative impact on the environment which may be significant. Mr. Spangenberg expressed concern that there could be repercussions if matters relating to this project were taken to court with no EIR. The previous EIRs referenced for the Expressway Mall did not address the building of residential units on this west side of the freeway. W. Spangenberg said the conditions of this proposal should not be compared to the Coddingtown units built several years ago because of the adoption of the Fair Housing Act since that time which relates to protection of family discrimination, Therefore, the Laguna Apartments will be particularly attractive to single mothers who could have as many as three children in these units according to the Fair Housing Act. Mr. Spangenberg commented further on the numerous impacts related to this possibility including child care needs, schools and /or busing, public safety and recreational provisions, etc. He said consideration might also need to be given to a sound wall between the Rancho Feliz Nbbile Home Park and the Laguna Apartment complex. Mr. Spangenberg agreed with the need for affordable housing, but to proceed with an affordable housing project with no controls would not be advisable. Controls are appropriate so the project remains affordable because of the increasing affordable housing shortage. There are a number of impacts and issues which have not been addressed for such a housing project on the west side of the freeway and, therefore, as recommended by the Planning Commission, the Focused Environmental Impact Report is appropriate. Rohnert Park City Council Minutes (11) March 23, 1993 Holly Blue, 1312 Gold Way, related her experience of living in one of the above - referenced similar Coddingtown complex and confirmed the units are not conducive to having children there because it was not set up for children. She said the complex was very quiet and therefore did not agree with the previous recommendation of a noise wall since the noise factor of the neighboring mobile home park would more than likely exceed that of the proposed project. Ms. Blue shared various reasons why this type of housing can be very advantageous to teeny single working adults and pointed out that there are not many places to live in the city that people can afford if they are not making a good deal of money. She said she would not like to see this project pushed away because of bureaucracy and commented that such a project could very well have a good impact on the environment. The project should be allowed to move forward. Tony York, 7374 Rasmussen Way, said the numerous reasons presented tonight might be sufficient for the Council to consider overturning the recommendation of the Planning Commission for the Laguna Project EIR, but requested Council to make very sure those reasons are adequate before casting votes regarding this matter. The Planning Commission has been duly appointed to review such proposals and make recommendations and the City has been criticized in the past for such overriding actions. Ken Martin of Pine Creek Properties, Santa Rosa, referenced development of the Altamont Apartments on Enterprise Drive which are one bedroom units. He noted that the traffic impacts have not seemed to be a relevant issue with the development of this complex due to the residents working at various retail trades with differing schedules. In reference to concerns related to the Fair Housing Act, Mr. Martin said the housing project referenced near Coddingtown has experienced its third turnover by 1993 and there are still only a total of 13 children with none over the age of 7 years. The one bedroom units generally do not generate children. Charles Evans, 703 Second Street, Planning Consultant for Codding Enterprises, defined the Laguna Project relating to environmental issues and targeting working singles and couples. The project is not really a low income project but is a marketable project for the targeted working people. Mr. Evans reviewed results of recent survey of the Hopper Lane, one bedroom units, confirming a very minimal number of children. As far as traffic impacts are concerned, consideration should be given to other projects that might have been built in the referenced area that could have generated even more traffic comparatively. The figures analyzed for the Laguna Apartment Project did not take into consideration those who might be walking to work, or the commuters that are now working in the industrial parks in this area. In any event, the impacts are less than signified in the previous EIR. Mr. Evans reviewed other relevant issues that were addressed in the previous EIRs such as drainage, wastewater, etc. It should also be noted that the previous EIRs contained recommendations for the development of such housing units compatible to the shopping provisions in the area. There being no one further desiring to speak, Mayor Hollingsworth closed public comments at approximately 9:10 p.m. Rohnert Park City Council Minutes (12) March 23, 1993 Discussion followed during which Council further reviewed complexities involved regarding this matter and shared differing opinions related to the necessity of a Focused Environmental Impact Report (EIR) versus a Negative Declaration with mitigation findings for the proposed Laguna Drive Apartment Project. City Attorney Flitner responded to Council inquiry and explained the difference between requiring a Negative Declaration or the full scale Focused Environmental Impact Report. He said from a legal standpoint he would prefer a Focused EIR but, if the Council chooses to proceed with a Negative Declaration, the number one factor would be speed, if whereby staff would address the environmental concerns as outlined, and the Council feels the public input received during tonight's meeting is adequate and has addressed the necessary concerns, it could choose to proceed in this manner. The applicant would be required to address the concerns as reviewed including provisions for recreation, public safety, etc. in the mitigation findings which would become a part of the conditions for the development. Discussion followed. A motion was made by Councilmember Gallagher, seconded by Councilmember Spiro, to proceed with the approval of the Laguna Drive Apartment Project, without further requirement of Negative Declaration or Focused Environmental Impact Report thus overturning the recommendation of the Planning Commission, but with direction for staff and applicant to address the issues in question. Further discussion ensued with continued comparisons to past experiences related to the General Plan, Grand Jury Report and previous concerns related to the appearance of preferential treatment of certain developments as compared to the urgent need for this type of affordable housing project and new legislative requirements of same. Director of Public Works /City Engineer Brust responded to additional Council questions related to sewer capacities and current provisions of approximately 900 multi- family units from the retrofit program. Concerns were expressed relating to fairness of distribution of the limited sewer capacity compared to Council's duty to use it for affordable housing. The above motion by Councilmember Gallagher, seconded by Councilmember Spiro, to overturn the recon —i - ndatlon of the Planning Corr fission and approve this project, failed by the following roll call vote: AXES: (2) Councilmembers Gallagher and Spiro NOES: (3) Councilmembers Eck, Reilly and Mayor Hollingsworth ABSENT: (0) None Mayor Hollingsworth explained reasons for voting no on the swing vote regarding this matter being due to the fact that the City was sued once about a year and a half ago under similar circumstances of proceedinq with a project against the City Attorney's recommendation to require an EIR as reviewed in Planning Commission staff reports and minutes. Mr. Hollingsworth said he thought the Codding Enterprise proposal was a great project and, even though he has always been against housing on the west side of the freeway because of the lack of public services and provisions as previously reviewed, felt he could no longer necessarily hold to that opinion because of changing times Rohnert Park City Council Minutes (13) March 23, 1993 and the need for such affordable housing near the work places. Even so, he felt the necessity to uphold the recommendation of the Planning Commission regarding requirement of a negative declaration and focused EIR for this project. A motion was made by Councilmember Gallagher, seconded by Council- member Spiro, to proceed with mitigation of negative declaration for the Laguna Apartment Project but not require the EIR as recommended by the Planning Commission. Councilmember Eck questioned the legitimacy of addressing the negative declaration items before providing adequate time for public input regarding this matter as this would be pre - supposing on Council's part that the project will be built. Further discussion proceeded pertaining to the logic of holding a public hearing regarding this matter, which would take the time of at least one more City Council meeting, prior to Council consideration of a decision to overturn the Planning Commission recommendation regarding same. Mayor Hollingsworth consented to re -open public comments at approximately 9:22 p.m. David Spangenberg, Legal representative for Rancho Feliz Mobile Home Park, again referenced the significant cumulative environmental impacts reviewed in the Initial Study by the Planning Department and expressed further concerns related to mitigating factors of this project. He encouraged Council to take necessary steps in order to be blameless regarding any potential repercussions of approving this project, such as proper consideration of the number of children that could result from same. Mr. Spangenberg said the EIR was needed in order to address all the factors that will be brought up connected with this project. He said the action Council takes should be bulletproof, if it decides to go forward with this project. John Hudson, 399 Bonnie Avenue, expressed concern about one of the main deciding factors of approving this project was affordability when he has heard that Hugh Codding is planning to sell the project. Whatever clearance is given to the project should be expressly conditional upon affordability. Mr. Hudson said consideration should be given to this aspect rather than having the black cloud of affordability hanging over us, otherwise, the people are being defrauded if this is only discussed in the initial stages of approval and not also required of the new buyer of the project. Councilwoman Gallagher responded from her background experience as a realtor that the definition of affordable related to housing is that a person not pay more than one -third of their income for housing. Ken Martin of Pine Creek Properties, Santa Rosa, and proposed buyer of the Laguna Apartment project, responded to Council inquiry and reviewed related rental averages of his Altamont Apartment complex on Enterprise Drive in Rohnert Park. He pointed out that the provision of one bedroom and studio apartments is one of the main factors of affordability. He confirmed the requirement of certain percentages of the complex for varying needs and compared the 20% provision in the previously referenced Santa Rosa complex to the 40% provision at Altamont for low Rohnert Park City Council Minutes (14) March 23, 1993 to moderate incomes and 25% to 40% structured for very low incomes. Mr. Martin said he would make at least 20% of the proposed Laguna Apartment complex for low to moderate incomes with the balance at market rates which would still be approximately 40% more affordable than what is currently available. Mr. Martin said the Council could "hang its hat on" at least 20% to 40% of the project meeting the government criteria for affordable housing. Further discussion followed pertaining to the numerous complexities related to this matter. Referring to the motion on the floor, Councilmember Spiro said she would like to point out the paragraph on page 6 of the Planning Staff Report /Initial Study, following the previous paragraph under Section XXI referenced above by W. Spangenberg regarding the significant cumulative environmental impact that the proposed project will have. Ms. Spiro shared contents of the referenced paragraph which read as follows: "Subject property has been covered under a site specific EIR referred to as the Expressway Nall EIR, certified by the City, the Rohnert Park City Council on January 22, 1991, Resolution No. 91 -24 (File No. PC 1384). Concerns of significant impacts on the environment were considered as part of the mitigating conditions for this EIR." The motion on the floor by Councilmember Gallagher, seconded by Councilmember Spiro, to proceed with negative declaration mitigation findings but not require the Focused EIR, failed by the following roll call vote: AYES: (2) Councilmember Gallagher and Spiro NOES: (3) Councilmembers Eck, Reilly and Mayor Hollingsworth Mayor Hollingsworth said, again, relating to voting no on the swing vote, found it necessary to go with the recommendation of the Planning Commission regarding the need for the FEIR on the proposed project. Further discussion followed during which Councilmember Reilly reviewed similar situation a year ago pertaining to the Wine Center and the clarity established in the General Plan in regard to the requirement of making certain changes in land zones prior to such project approvals. To ignore these guidelines at this time, flies in the face of reason. Affordable housing is needed, but the guidelines are needed and established to proceed accordingly. Maybe the item that should be addressed is how to help pay for the EIR, but not avoid it because of the change in zoning. A motion was made by Councilmember Eck, seconded by Councilmember Reilly, to uphold the recommendation of the Planning Commission and require preparation of a Focused Environmental Impact Report for File No. 1585, Laguna Drive Apartment Project prior to further review and consideration of this proposal, and approved by the following roll call vote: AYES: (3) Councilmember Eck, Reilly and Mayor Hollingsworth NOES: (2) Councilmembers Gallagher and Spiro ABSENT: (0) None Rohnert Park City Council Minutes (15) March 23, 1993 The Mayor expressed appreciation to Hugh Codding and staff on behalf of the full Council for efforts involved toward this affordable housing proposal. Mayor Hollingsworth said he would like to see the project succeed following the necessary procedures and requirements. Hugh Codding of Codding Enterprises expressed appreciation to Council for all its time and soul searching related to this matter. He said Council has every right to require the EIR and he has every right to drop the project, however, the decision was not entirely his to make and he would take the matter back to those involved with the decision making for further review and reconsideration. RECESS Mayor Hollingsworth declared a recess at approximately 9:40 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:47 p.m. with all Councilmembers present. City Manager Netter responded to Council inquiry that the remainder of items listed on tonight's agenda were basically informational of which copies of pertinent materials were previously provided to Council. Due to the lateness of the hour, discussion of the majority of these items would not be necessary, except as signified in these minutes, either by review or deferral of same. Rohnert Park Stadium/Use by Northbay Breakers Soccer League Staff update - City Manager Netter referenced copies provided to Council of resolution for consideration authorizing and approving Lease Agreement pertaining to this matter, as reviewed in the Council Meeting Memo, with modifications as recommended at the previous Council meeting of March 9, 1993. Recreation Director Pekkain reviewed two additional minor changes to the referenced lease agreement as requested by Northbay Breakers. First, on Exhibit "A" attachment, changes in the proposed schedule as follows: eliminate the first date of April 24th, due to weather factors, change May 1st to May 2nd, and add August 8th. Second, on page 5, item 5, change the word "may" to "shall" regarding the extension period of five (5) years. Discussion followed during which City Manager Netter and Recreation Director Pekkain responded to various Council questions regarding to contents of the referenced lease agreement. Councilmember Spiro referenced section (b) on page 2 and said the use of hospitality training for serving alcoholic beverages should be more clearly stated to ensure application to hired concessionaires. Council agreed to the scheduling changes, as requested by the Breakers, but concluded the need to retain the word "may" in the statement related to the extension period due to the necessity of retaining flexibility in matters regarding the City's financial needs and /or future possibilities. The Mayor confirmed that the intent is to have a long term relationship with the Northbay Breakers regarding the proposed use of the stadium. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 93-25 AUTHORIZING AND APPROVING LEASE AGREEMENT WITH NORTHBAY BREAKERS SOCCER TEAM FOR USE OF ROHNERT PARK CON"ITY STADIUM. Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, and unanimously approved, with above - reviewed amendments, reading of Resolution No. 93 -25 was waived and said resolution was adopted. Rohnert Park City Council Minutes (16) March 23, 1993 Parks and Recreation matters: Recreation Director Pekkain shared contents of staff reports, as reviewed in the Council Meeting memo, and responded to various Council questions regarding same. Council direction incurred as follows: 1. Rohnert Park Swim Club subsidy request - Deferred to budget review for next fiscal year to begin this June or July 2. " request for office space & storage shed at H Pool - Deferred to next City Council meeting 3. Rohnert Park Swim Club request for sponsors plaques - Deferred to next City Council meeting 4. 1993 Swimming Pools schedule and fees - Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, 1993 Swimming Pools schedule and fees were unanimously approved as submitted. 5. Recreation Facilities Fees - Postponed 6. Field and Picnic policy fees - Council discussion expressed concerns regarding establishing such fees at least until facts are in hand pertaining to actual budget "hits" by the State. Council agreed these items pertaining to fees should be done in concept with upcoming budget reviews and that nothing should be done regarding same until that time. These comments included the understanding that field use fees would remain the same during the next season since it would not be advisable to make any changes in the middle of a season. 7. M Park dedication recommended date of July 10th - Council concurred. Letters from Hewlett Packard Company: 1. February 25,1993 - Offer to lend City unused available sewer capacity Discussion ensued regarding this matter during which Council expressed concerns related to the word "lend ". The Mayor acknowledged that it was understood that Hewlett- Packard did not want to lose its unused sewer capacity from its industrial site, however, if they want to give it 17 it should be done a tho�ut any Strings + L. t --P r .,>'lj� a�taCLLC'Y�. t`�i.c conditions should be the same for everyone and unused available sewer capacity should go for affordable housing. Council concurred. 2. February 26, 1993 - Extension of Bodway Parkway - Discussion ensued during which Mayor Hollingsworth said he felt Hewlett - Packard has an obligation to extend Bodway Parkway according to original terms of agreement because the people affected in that area need the convenience and provision now and the referenced negotiations pertaining to the sale of residential parcels could take an undetermined length of time. Discussion followed. A motion was made by Councilmember Gallagher, seconded by Councilmember Spiro, and unanimously approved, for Hewlett - Packard to extend Bodway Parkway according to the original agreement. Rohnert Park City Council Minutes (17) March 23, 1993 1993 -94 Budget update .Staff report and list of mandates /extractions for 1992 -93 - City Manager distributed copies to Council of staff report dated March 22, 1993 from Finance Director Harrow regarding Preliminary Budget Numbers, as reviewed in the Council Meeting Memo, to keep Council informed. COYF (Committee on Youths & Families) / Human Services report - Comments pertaining to this item were outlined in the City Council Memo for information with the oral report being deferred to next Council meeting. Transportation matters: California Transportation Plan - discussion draft - Information was referenced as reviewed in the Council Meeting Nbmo. There were no additional comments from the City Council. Mobile Home Park Purchase Program .Informational letter from Sutro & Co. dated March 12, 1993 - Council Committee Member Eck reported on the meeting held with Council Committee N -mber Reilly, City Manager Netter, Assistant to the City Manager Leivo, Finance Director Harrow and a representative from Sutro regarding the proposal to develop a mechanism whereby the City could act as a vehicle for the park spaces to be purchased by mobile home owners. He said the representative from Sutro, following Council's concurrence, would develop several options or models that could be used. Discussion followed. City Council concurred that Sutro should proceed and develop the option models for Council's review. 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. Councilmember Spiro referenced item No. 24 on the communications list from United States Holocaust Memorial Museum and recommended preparation of proclamation as requested declaring annual days of remembrance from, April 18 -25, 1993. Council agreed. EXTEND COUNCIL MEETING - Council concurred to extend the Council meeting to finish the items as listed on tonight's agenda. Mayors & Councilmembers Association -City Selection Committee meeting -April 8, 1993 - Council concurred direction for Mayor to vote according to his discretion regarding the requested appointments as listed on the agenda, specifying, being in favor of Councilmember Reilly's re- appointment to the Hazardous Materials Management Commission. Rohnert Park City Council Minutes (18) March 23, 1993 City Manager's report: Due to the lateness of the hour, City Manager Netter informed the Council that most of the items listed on the agenda were informational in nature and were self - explanatory from copies of related materials provided to Council with following exceptions as signified. 1. City Manager Netter said the only item needing immediate attention was regarding the piano purchase for the Senior Center. Mr. Netter said the Senior Center had collected over $1100.00 in donations and were about $1200.00 short. Mayor Hollingsworth commented that he had comni.tted to a piano at the Senior Center. Upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, contribution by the City of the additional $1200.00 for the purchase of the piano for the Senior Center was unanimously approved. 2. City Manager Netter said the item regarding Underground Utility District Rule 20A Funds would be deferred to the next Council meeting. City Attorney's report: City Attorney Flitner advised that he had no miscellaneous items to report at this time. Matters from/for Council: Informational items as listed on the agenda. Unscheduled Public Mayor Hollingsworth asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded. Adjournment - Mayor Hollingsworth adjourned the meeting at approximately 10:20 p.m. to Tuesday, March 30th, 1993 for Joint meeting with Cotati-- Rohnert Park School District at 6:00 p.m. at the Mountain Shadow Resort Restaurant. Mayor