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1993/06/22 City Council MinutesRohnert Park City Council Minutes June 22, 1993 George Horwedel, 7669 Camino Colegio, addressed live broadcasting of City Council meetings. He encouraged Council to begin live broadcasts from the existing city facility rather than waiting for construction of a new facility. Live broadcasting of Council meetings is warranted. Public interest in City affairs is signified by participation in recent Town Hall, Neighborhood, and General Plan Comnittee meetings. 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 approxi- mately 6:43 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a budget work session was held at 4:30 p.m. to review the 1993 -94 City Budget and a closed session commenced at 6:00 p.m. to discuss litigation, personnel and real estate matters. He said no action was taken and there was nothing 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, Director of Public Works /City Engineer Brust, Planning Director Skanchy, Finance Director Harrow and Recreation Director Pekkain. Approval of Upon motion by Councilmember Gallagher, seconded by Councilmember Eck, Minutes the minutes of June 8, 1993 were unanimously approved as submitted. Approval of Upon motion by Councilmember Spiro, seconded by Councilmember Bills Gallagher, City bills in the amount of $844,604.49 and CDA bills in the amount of $88,910.70 presented per attached lists, were unanimously approved. Non - agendaed Mayor Hollingsworth queried if any Councilmember had any non- agendaed matters items to add to the agenda. Councilwoman Gallagher referenced the letter dated June 10, 1993 from Ron Militello, Managing General Partner, Park Estates Partners. She apologized to Mr. and Mrs. Militello and family for not making clear that her comrents at a previous Council meeting were not about the Militello family. Councilwoman Spiro said she had some miscellaneous items to add, if time allows. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comrent may do so at this time. Appearances He explained that under the Brown Act, in most cases, the Council cannot handle an item without it being listed on the agenda. George Horwedel, 7669 Camino Colegio, addressed live broadcasting of City Council meetings. He encouraged Council to begin live broadcasts from the existing city facility rather than waiting for construction of a new facility. Live broadcasting of Council meetings is warranted. Public interest in City affairs is signified by participation in recent Town Hall, Neighborhood, and General Plan Comnittee meetings. Rohnert Park City Council Minutes (2) June 22, 1993 Lois Gray, 7865 Mbntero Drive, expressed appreciation for neighborhood meetings held this year in several sections of the conTmmity. She attended the one held in M section and thought it was a big success. Ms. Gray encouraged Council to have more such neighborhood meetings. City Manager Netter responded to Council request and explained the resolutions, including comments reviewed in the Council Meeting Memo. Upon motion by Councilmember Spiro, seconded by Councilmember Eck, and unanimously approved, Resolution Nos. 93 -56 and 93 -58 were consecutively adopted. 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. Councilwoman Gallagher requested removal of Resolution Nos. 93 -56 and 93 -58 from the Consent Calendar for explanation. Council agreed. Acknowledging the City Mfanager /Clerk's report on posting the agenda. Resolutions: No.93 -55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CONGRATULATING THE CITY OF COTATI ON ITS 30TH ANNIVERSARY No.93 -57 A RESOLUTION OF AWARD OF CONTRACT, OVERLAYS - 1993, PROTECT NO. 1993 -1 No.93 -59 A RESOLUTION OF THE CITY OF ROHNERT PARK ASSUMING THE AUTHORITY UNDER AB 408 (1992) TO PROCESS AND ADJUDICATE PARKING CITATIONS AND ESTABLISHING PARKING CITATION FINES, FEES AND SURCHARGES Ordinance for Introduction: No. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 2.44 OF THE ROHNERT PARK M...ANICIPAL CODE (Demands, i.e. Claims, Against the City) Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, with the exception of Resolution Nos. 93 -56 and 93 -58, the Consent Calendar as outlined on the meeting's agenda, was W- ianimously approved. N0.93 -56 RESOLUTION ACCEPTING SUBDIVISION INpROVENENTS AND AUTHORIZING RELEASE OF SECURITIES, UNIVERSITY MEADOWS SUBDIVISION No.93 -58 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 1993 -94 FISCAL YEAR PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION City Manager Netter responded to Council request and explained the resolutions, including comments reviewed in the Council Meeting Memo. Upon motion by Councilmember Spiro, seconded by Councilmember Eck, and unanimously approved, Resolution Nos. 93 -56 and 93 -58 were consecutively adopted. Rohnert Park City Council Minutes (3) June 22, 1993 Scheduled Public Appearance: Roswell (Pinky) Pinckard, 193 Verde Circle introduced Coleman Persily, Regional Manager of Golden State Nbbilehome Owners League, Inc. Mr. Persily referenced copies provided to Council of his letter dated June 16, 1993 (copy attached to original set of these minutes) and shared contents therein regarding proposed amendments to Ordinance No. 494. Mr. Persily asked the Council to approve placement of the amendments on the November Ballot. Discussion followed during which the Council reviewed the complexities of the issue. City Attorney explained that this type of issue can be handled by petition or it can be referred to the voters. The Council agreed that the City Attorney should review the proposed amendments taking into consideration recommendations from the Nbbile Home Rent Appeals Board and make recommendations to the City Council. John Phalen, 314 Corte Rayado, Rancho Verde, said that excessive rent increases have been approved. Litigation is a possible solution. Residents need the help of the Council and City Attorney. Parks and Recreation matters: 1) Proposed aquatics fees - Recreation Director Pekkain said copies were provided to Council of staff report regarding this matter. He shared contents therein and responded to various Council questions including confirmation that a public hearing was held at the Parks and Recreation Commission meeting last night regarding the proposed aquatics fees. No one participated. Following discussion, upon motion by Councilmember Reilly, seconded by Councilmember Gallagher, with the exception of retaining rates advertised in schools for the remainder of this season, aquatics fee increases and changes were unanimously approved, as recommended by staff. 2) Proposed Sports Center fees - Recreation Director Pekkain said copies were provided to Council of the staff report regarding this matter. He shared contents therein and responded to Council questions. Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, the Sports Center fee increases were unanimously approved, as recomrended by staff, 3) North Bay Breakers Soccer a. Update - Recreation Director Pekkain reported on the success of the North Bay Breakers' use of the Rohnert Park Stadium, and responded to Council questions regarding same. b. Use of RP Stadium for concerts - City Manager Netter said copies were provided to Council of a draft resolution for consideration regarding this matter. He shared contents therein and responded to various Council questions regarding same. He pointed out that a Rohnert Park City Council Minutes (4) June 22, 1993 competitor had challenged use of the stadium for concerts because it may violate the City's Noise Ordinance. In response to Council inquiry, City Attorney Flitner advised that regulations of the existing Noise Ordinance prohibits use of sound amplifications equipment for commercial purposes. Approval of the agreement with North Bay Breakers Soccer Team for use of the stadium for concerts may put the City in jeopardy. Mr. Flitner recommended appropriate modifi- cations to the Noise Ordinance prior to further approvals for concerts. Discussion followed concluding in a motion by Councilmember Eck, seconded by Councilmember Spiro, and unanimously approved, to follow the advice of the City Attorney, to deny the use of the Rohnert Park Stadium for concerts by North Bay Breakers Soccer League at this time, to comply with the existing Noise Ordinance, and to review said ordinance and consider modifications which would allow future concerts. Refinance of three (3) assessment districts in connection with the 1993 Consolidated Refunding for (1) Camino Colegio Assessment District, Project No. 1985 -1; (2) Millbrae Avenue Assessment District, Project No. 1988 -1; and (3) Wilfred Avenue Interchange Area Assessment District, Project No. 1987 -10). City Manager Netter reviewed the contents of the report dated June 16, 1993 from Finance Director Harrow pertaining to this matter. He explained numerous resolutions for consideration. He said Philip Assaf, Legal Counsel for this refinancing procedure, was available at tonight's meeting to respond to further Council questions, if desired. Resolutions: No. 93 -60 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES, 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -60 was waived and said resolution was adopted. No. 93 -61 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES, 1993 CONSOLI- DATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -61 was waived and said resolution was adopted. No. 93 -62 RESOLUTION OF INTENTION To CONDUCT REASSESSMENT PROCEEDINGS IN 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmea-iber Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -62 was waived and said resolution was adopted. Rohnert Park City Council Minutes (5) June 22, 1993 No. 93 -63 RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS, 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -63 was waived and said resolution was adopted. No. 93 -64 RESOLUTION APPROVING PRELIMINARY OFFICIAL STATEMWr, 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -64 was waived and said resolution was adopted. No. 93 -65 RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS, 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -65 was waived and said resolution was adopted. No. 93 -66 RESOLUTION ORDERING SALE OF REFUNDING BONDS, 1993 CONSOLIDATED REFUNDING DISTRICT Upon motion by Councilmember Spiro, seconded by Councilmember Gallagher, and unanimously approved, reading of Resolution No. 93 -66 was waived and said resolution was adopted. Planning and Zoning matters: 1) File No. 1598 - Oceanis - Tentative Subdivision Map, Site Plan and Architectural Review of 60 unit townhouse project to be located on 5.9 acre parcel on east side of Bodway Parkway, approximately 500 ft. + south of East Cotati Avenue in the RM:2000 PD District - Planning Director Skanchy advised that the public hearing for this item had inadvertently been scheduled on this Council agenda. It should not have come before the Council. He said the only time it would come before the Council would be if Council specifically requested it. 2) File No. 1603 - Codding Enterprises/Mattress Discounters - Site Plan and Architectural Review for a 4,550 sq. ft. retail /commercial building to be located on the west side of Redwood Drive, north of and contiguous to Arby's Restaurant in the CS:PD District - Planning Director Skanchy referenced plans on display and said copies were provided to the Council of the staff report dated June 10, 1993 with coinciding minutes regarding this item. He shared contents therein and responded to various Council questions regarding same. The Planning Commission approved File No. 1603 at its meeting of June 10, 1993. Rohnert Park City Council Minutes (6) June 22, 1993 Following discussion, upon motion by Councilmember Spiro, seconded by Councilmember Reilly, File No. 1603 - Codding Enterprises/Nhttress Discounters site plan and architectural review was unanimously approved, as recommended by the Planning Commission, with the following amendments: requiring 24" bucket trees for landscaping; and reducing the parking space requirement from 5 1/2 to 5 in the formula, and allocating the "extra" parking area for landscaping with the condition that it may be used for parking, if and when needed and per the parking agreement with Wal -Mart. RECESS Mayor Hollingsworth declared a recess at approximately 7:40 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 7:50 p.m. with all Councilmembers present. 3) File No. 1597 - Kaufman & Broad - California Park Subdivision proposed project for single family homes on two (2) parcels currently owned by Hewlett Packard Corporation in close proximity to the Hewlett Packard site including consideration of a General Plan Amendment, rezoning, tentative map review, and site plan and architectural review with east and west parcel descriptions as detailed on the agenda for this Council meeting - Planning Director Skanchy referenced plans on display and said copies were provided to the Council of staff reports dated June 10, 1993 for the above- listed items with coinciding minutes. He shared contents therein and responded to Council questions regarding same. The Planning Commission heard and denied this item at its meeting of June 10th. The applicant appealed the Planning Commission decision to the City Council in a letter dated June 16, 1993. Mr. Skanchy advised that a public hearing was scheduled at this time for the above- listed items pertaining to Kaufman. & Broad. Director of Public Works /City Engineer Brust responded to further Council questions regarding wastewater treatment capacity and an agreement between the City and Hewlett Packard regarding wastewater treatment capacity. There had been no indication to date that the Kaufman & Broad project would use anv of the Hewlett Packard waste- water treatment capacity. Greg McWilliams, Area Manager, Kaufman & Broad, reviewed the company's background and the referenced project, and responded to various Council questions regarding the housing proposal. Downzoning of the referenced property from 599 units to 291 units will meet the preference of the residents of Rohnert Park while reducing the impact on City infrastructure and the environment. Public Mayor Hollingsworth opened the public hearing at approximately Hearing 8:30 p.m. City Manager Netter acknowledged, for the record, that the City was in receipt of 37 form letters from residents of the surrounding area expressing support for the downzoning. He advised that three (3) communications were received (2 phone calls and 1 letter) expressing opposition to any further development. Two of these communications expressed preference for single - family homes versus apartments or condos, if further development is planned for this area. Rohnert Park City Council Minutes (7) June 22, 1993 Participants of this public hearing expressed various concerns and reasoning related to this matter signifying support or opposition to the Kaufman /Broad housing proposal including downzoning the referenced parcels from 599 units to 291 units as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. - SUPPORT - Kevin Dunne, 7748 Melody Drive Duane Hartley, Hewlett Packard Microwave Instruments Division Mjr. Chip Worthington, 8080 Mitchell Drive Wayne Reed, 7848 Medallion Way Drake Delzel, Realtor, 1413 Montana Place, 59 letters from residents supporting downzoning referenced parcels. Mary Stewart, owner of 578 Marine Court Brent Fink, 1442 Montana Place Darryl Burnett, 1390 Marigold Place Ed Pennington, 7737 Melody Drive - OPPOSITION - submitted an additional single - family homes and 1. Linda Branscomb, 21 Anne, said high density zoning should be retained for the referenced area to meet ABAG affordable housing requirements. 1. Ben Friedman, 7323 College View Dr. #501, questioned the construc- tion quality of Kaufman /Broad homes. 2. Jake Mackenzie, 1536 Gladstone Way, recorrrnended completion of General Plan Update prior to consideration of any amendments to the General Plan. 3. Diane Worthington, 7616 Melody Drive, said surrounding residents of the referenced area want to see that land rezoned to single - family homes regardless of who builds on it. 4. Tom McKelvey, Western Regional Real Estate Manager for Hewlett Packard, responded to Council questions. Hewlett Packard intended to meet all commitments and extend Bodway Parkway. It would be the most efficient and cost effective to have Kaufman & Broad build the street. However, if the transaction does not go through, Hewlett Packard will proceed in a timely manner. Second, regarding the loan of sewer capacity, Hewlett Packard is willing to work with the City to provide what is needed. 5. Eileen Allen, 1529 Madison Avenue, preferred no development and retention of open space in the referenced area. She thought there was a need for more expensive homes in the con enmity. 6. Mitch Campagna, 1559 Maria Place, reviewed infrastructure concerns pertaining to the area and shared numerous reasons for preferring single family zoning versus high density zoning for apartments and condos. He had no recommendation concerning the Kaufman & Broad project, but recommended downzoning the area to single family. Rohnert Park City Council Minutes (8) June 22, 1993 7. George Horwedel, 7669 Camino Colegio, encouraged the Council to move forward with downzoning procedures. He suggested use of redevelopment funds to assist with hots purchases for residents in need of such assistance. 8. Greg McWilliams, Area Manager, Kaufman & Broad, said they had not had the benefit of the dialogue stared here tonight regarding their housing proposal. If it would be beneficial to the Council, the applicant would like to take up the challenge, further review this matter, and return to Council with some hard answers, especially related to sewer capacity. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 9:30 p.m. Following extensive Council discussion, upon motion by Councilmember Gallagher, seconded by Councilmember Eck, and unanimously approved, File No. 1597, Kaufman & Broad proposal for California Park Subdivision on two (2) parcels, was denied without prejudice to allow flexibility in timing for all the above- reviewed issues related to this matter. RECESS Mayor Hollingsworth declared a recess at approximately 9:45 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:50 P.M. with all Councilmembers present. Mayor Hollingsworth said, due to the lateness of the hour, it would be necessary to defer the remaining agenda item to the next regular Council meeting on July 13, 1993. He asked if there were any item on tonight's agenda that had to be reviewed prior to adjourmmnt of this Council meeting. Garbage MaLLer: New Garbage Committee meetings - City Attorney report on Brown Act and procedures - Vice Mayor Reilly referenced this third item listed under garbage matters and referred to the City Attorney memorandum dated June 16, 1993 regarding the Brown Act and Council Committee meetings. He explained, as Chair of the newly formed Garbage Committee comprised of himself and Councilmember Spiro, that he needed to know if Councilmember Gallagher planned to attend said Committee meetings. He could not afford to cancel business schedules to attend Council Committee meetings that subsequently had to be canceled because of the attendance of a third Counciimenier. EXTEND COUNCIL FETING - Council agreed to extend the Council meeting a few minutes in order to review this item. Rohnert Park City Council Minutes (9) June 22, 1993 Discussion ensued regarding various options. Councilwoman Gallagher desired to attend Committee meetings as an interested citizen. If Committee meetings could not be held, then issues have to be regular agenda items. The Mayor felt it would be inappropriate to put the burden of initial detailed review work on the full Council. Noticing all Council Committee meetings would pressure the full Council into attending most of the committee meetings which would be unreasonable and time consuming. The Mayor asked the Garbage Committee to try to hold a meeting. Communications - Communications were brought to the attention of the City Council per the attached outline distributed prior to the meeting. No action was taken unless specifically noted in these minutes. Unscheduled Public Appearance: Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. No one responded. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:10 P.M. to 5:00 p.m. on July 13, 1993 for continued 1993 -94 budget work session for both the City and the Community Development Agency. jh Mayor . 1A, . ri� I „sNnc: STATE MOBILHOME OWNERS AGUE, INC. JUNE 16, 1993. JUN 17 1993 - OF �1' T PARK CIR -OE RONNERZ PARK BLE MAYOR AND MEMBERS OF CITY COUNCIL Z 6750 COMMERCIAL BLVD. . 2 ROHNERT PARK, CALIFORNIA , 94928. /�_ FIRST, MAY I THABNK YOU FOR GIVING US THE TIME TO BE ON THE CITY COUNCIL AGENCA ON JUNE 22, 1993. WE NEED YOUR COUNCIL'S HELP IN RECTIFYING A SERIOUS SITUATION THAT HAS OCCURRED ,RELATING TO RENT INCREASES AND CHARGES TO THE MOBILE HOME RENTERS IN THE MOBILE HOME_ PARKS IN YOUR CITY.. CONTRARY TO THE PURPOSE OF THE ORDINANCE TO LIMIT RENT INCREASES IN THE PARKS WE HAVE FOUND UNCONSCIABLE RENT INCREASES, FEES, BACK RENTS ETC, CHARGED TO THE RENTERS. WE ASK' THIS COUNCIL AND THE CITY ATTORNEY TO ADVISE US AS.HOW TO RECTIFY THIS SITUATION. PERHAPS WE NEED AMENDING THE MOBILE HOME ORDINANCE. PERHAPS OBTAIN INJUNCTIVE RELIEF. P'ERHAP'S WE MUST APPEAL TO THE COURTS. WE SOLICIT YOUR ADVICE . MAY I SUGGEST" YOU HELP US AMEND THE EXISTING ORDINANCE TO HELP RECTIFY SOME OF THE CLAUSES IN THE ORDINANCE: TO WIT: SECTION 1 ( F ) THAT A CLAUSE BE WRITTEN INTO THE ORDINANCE WHICH DOES NOT ALLOW THE REVIEW BOARD TO ALLOW "ROLL BACK' OF RENTS OR FEES CHARGEABLE TO THE RENTERS EVEN THOUGH A PETITION HAS BEEN FILED BY A PARK OWNER PREVIOUSLY. SECTION 1 ( N ) THAT PASS THROUGHS OF ADMINISTRATION FEES NOT BE CHARGED COMPLETELY BY THE RENTERS , BUT THAT THE CHARGES BE SPLIT BETWEEN RENTER AND PARK OWNERS AS IS BEING DONE IN THE COUNTY OF SONOMA ORDINANCE. SECTION 6c THAT CAPITAL IMPROVEMENTS BE ELIMINATED AS A REASON FOR AN INCREASE IN RENTS UNLESS 51% OF THE RESIDENTS AGREE TO THE IMPROVEMENT. 6I SUB ( A ) THAT THE WORDS CAPITAL IMPROVEMENTS BE ELIMINATED FROM THE PARAGRAPH. SECTION 7 - SINCE THE USE OF ATTORNEYS AND THE COST OF AT. TORNEYS CAUSE AN UNFAIR ABILITY FOR THE RESIDENTS TO COMPETE WITH THE "HIGH POWERED ATTORNEYS HIRED BY THE PARE•°. OWNERS THAT THE CUSTOM'OF.THE SMALL CLAIMS COURT BE USED: NO ATTORNEYS TO BE ALLOWED TO AP'P'EAR FOR EITHER PARTY. IF THE CHANGES CANNOT LEGALLY BE ORDERED BY THE CITY COUNCIL, THEN MAY WE ASK,THE CITY - COUNCIL TO APPROVE THE ORDINANCE WITH v. THE AMENDMENTS DESCRIBED ABOVE" BE PLACED ON THE NOVEMBER BALLOT AND THEREFORE AT NO COST TO THE CITY. COLEMAN C. PERSILY GSMOL- REGIONAL MANAGER 206 YOSEMITE ROAD SAN RAFAEL, CA 94903 (415) 479 -1731