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1994/01/11 City Council MinutesRohnert Park City Council Minutes January 11, 1994 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 Reilly presiding. CALL TO ORDER -Nhyor Reilly called the regular session to order at approximately 6:22 p.m. and led the pledge of allegiance. Mayor Reilly advised that a closed session comrenced this evening at 6:00 p.m. to discuss litigation matters and real estate negotiations as listed on the agenda attachment. He said no action was taken and . there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Hollingsworth, Spiro and Mayor Reilly Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust, Planning Director Skanchy and Director of Public Safety Rooney. (City Attorney Flitner was not present, being on vacation from January 9th to 16th, 1994, as advised at the previous Council meeting.) K140T OF SILENCE - Mayor Reilly advised that a moment of silence would be observed to commemorate Ms. Anita Kane, who recently passed away. She was a very active member of the community and beneficial to children through her ballet school. Traditional Annual Invocation - Mayor Reilly introduced Pastor Jim Price of Calvary Community Church to give the traditional annual invocation. The Mayor responded to citizen complaint expressed from the audience that there would be opportunity during unscheduled public appearances to share other opinions. Councilwoman Councilwoman Gallagher left her place at the front of the Council Gallagher Chamber at approximately 6:24 p.m. and remained in the back of the leaves room during the invocation. The annual invocation was given by Pastor Jim Price, Calvary Community Church, as initially introduced. Councilwoman Gallagher Councilwoman Gallagher returned to her Council Chamber seat at returns approximately 6:26 p.m. Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman of Spiro with correction at bottom of page 12 that Ms. Spiro had Minutes =1 requested approval to attend the National League of California Cities Training Institute, the minutes of December 14, 1993 were unanimously approved as amended. Rohnert Park City Council Minutes (2) January 11, 1994 Approval Leon motion by Councilman Hollingsworth, seconded by Councilwoman of Gallagher, including previously signified automatic abstention of Bills Councilwoman Gallagher for payments to Sonoma County Wineries Association, City bills presented per the attached list in the amount of $1,402,136.10 were unanimously approved. Non- agendaed Mayor Reilly queried if any Councilmember had any non- agendaed items to add to the agenda. Councilnxmbers Eck, Gallagher and Spiro each signified two miscellaneous items to add. Councilman Hollingsworth signified one miscellaneous item to add. Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act), Public citizens wishing to make a comment may do so at this time. Lbder Appearances legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. Iry Sutley, P. O. Box 174, Glen Ellen, Ca., expressed disapproval of the traditional annual invocation given at the beginning of this meeting. He reviewed his reasons for this disapproval. Mr. Sutley disagreed with the recent opinion of the Attorney General of California that public boards have the right to begin meetings with an invocation. For the record, Mayor Reilly read the last sentence of California Attorney General Lungren's opinion as follows: "In light of United States Supreme Court and California Supreme Court decisions relevant to the question presented, we conclude that a county board of supervisors may open its sessions with an invocation." Mayor Reilly said he did not instruct Pastor Price regarding what to say, as confirmed by Pastor Price, and that Pastor Price was simply exercising his rights in freedom of speech. The Mayor concluded that, if the Attorney General changes his opinion, then this Council may have to change the way this issue is handled, otherwise the tradition for the annual invocation to start the first Council meeting of the new year will be retained. Steven R. Thornton, P. O. Box 14181, Santa Rosa, Ca., Sonoma County Chairman of the American Civil Liberties Union (ACLU), expressed his disapproval of government sponsored prayer and thought it was unconstitutional. Mayor Reilly referred to last year's Council meeting when this issue was reviewed and said he recalled extending invitations to anyone interested in talking about it to contact him, but no one did. Tamara Sangrunetti, 1059 2nd Street, Santa Rosa, Ca., Salvation Army representative, shared concerns related to costs incurred by the Salvation Army from underground storage tank conditions. She reviewed the various social services, including food distribution to approximately 100 families, Rohnert Park City Council Minutes (3) January 11, 1994 provided by the Salvation Army which would be adversely affected by the funds required for investigation of the underground storage tank conditions and clearance of the site. Ms. Sangrunetti referenced the item listed later on tonight's agenda and expressed appreciation and approval of Environmental Resource Council efforts. She requested the cooperation of Council toward retrieval of above- reviewed funds in order to retain the various services provided to the community by the Salvation Army. C O N S E N T C A L E N D A R Mayor Reilly queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Mbagar's Council Meeting Memo. Councilwoman Gallagher requested removal of Resolution No. 94 -01 from the Consent Calendar. Council agreed. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 94 -02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING AGREE N]T WITH AU OCRAF'T EMPORIUM TO PROVIDE TCOIING SERVICES ON ROTATIONAL BASIS No. 94 -03 A RESOLUTION ACCEPTING FINAL COMPLETION, PUBLIC SAFETY BUILDING, PROJECT NO. 1988 -18 No. 94 -04 A RESOLUTION OF THE CITY COLNCIL OF CITY OF ROHNERT PARK DECLARING A ZERO TOLERANCE GUN VIOLENCE POLICY FOR ILLEGAL POSSESSION OF FIREARMS IN PUBLIC PLACES No. 94 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE EXTENSION OF TIME FOR THE DEFERRAL OF THE PAYM Wr OF BUILDING PERMIT FEES AND CTHER DEVELOPMENT FEES FOR THE 4 -H FOUNDATION OF SONCMA COUNTY Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, with the exception of Resolution No. 94 -01, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No.94 -01 EXPRESSING APPRECIATION TO MICHAEL O. MJLLINS FOR HIS YEARS OF SERVICE ON THE PLANNING COMMISSION In response to Mayor Reilly's inquiry pertaining to discussion of this resolution, Councilwoman Gallagher signified her desire to vote no. Upon motion by Councilman Hollingsworth, seconded by by Councilwoman Spiro, with dissenting vote of Councilwoman Gallagher, Resolution No. 94 -01 was approved by the remaining Councilmembers and thereby adopted. Rohnert Park City Council Minutes (4) January 11, 1994 Resolution RESOLUTION OF THE CITY COUNCIL EXTENDING THE BID OPENINGS FOR No.94 -06 MkINTENANCE OF LANDSCAPING IN THE CITY OF ROHNERT PARK City Manager Netter explained the two option resolutions provided for Council consideration from staff reports, as reviewed in the Council Meeting Memo, and referred to one protest letter received January 10, 1994 from Pacific Environments Landscape Contractors. He responded to various Council questions confirming that, due to the closeness of the numbers submitted in the pre - qualification evaluation, it is staff's recommendation that all six (6) contract proposals be considered and option #2 resolution be adopted. Additionally, staff has provided to Council new specifications for the final bid proposal whereby final bids would be opened at 2000 p.m. on February 4th, 1994 with Council's consideration at its meeting of February 8th, 1994. The new contract awarded would be for a 5 year period with annual cost of living adjustments. Upon motion by Councilwoman Gallagher, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 94 -06 was waived and option #2 resolution for all six (6) contract proposals was adopted. Scheduled Public Appearance: Therese Horsting, 8472 LaSalle Avenue, Cotati, Ca., reviewed proposed resolution for the future of our children including the request for the formation of a Youth Commission. Ms. Horsting responded to Council questions pertaining to content of the proposed resolution and confirmed efforts were in conjunction with Councilwoman Gallagher who is on the County Gang Task Force. Discussion included confirmation that the formation of a Youth Commission has been previously discussed by the City Council. Councilwoman Spiro encouraged cooperation between all groups and efforts toward the beneficial results of helping the youth of the community. Councilman Eck shared comments regarding previous structure for youth inspired by Don Kite several years ago which was very effective while in place. He recommended having staff check into this as it may only have to be reactivated, if it was not sunset, and the logistics might already be in place to proceed with the desired youth commission. Cecelia Belle, 461 High Street, Sebastopol, Executive Director of SCAYD (Sonoma County Associates for Youth Development), reviewed numerous efforts of SCAYD including working with the City on various programs. She said she would like to let Therese Horsting know that they were available to work with her efforts as well. Ms. Belle urged coordination with current efforts. Further discussion concluded in a above motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to adopt the idea in concept and agendize the proposed resolution on the consent calendar for the next City Council meeting regarding the future of our children including the reactivation or development of a youth commission and to be correlated with activities of COYF (Comnmity Outreach for Youth & Families). Rohnert Park City Council Minutes (5) January 11, 1994 Councilwoman Gallagher responded to additional Council questions pertaining to content of the proposed resolution and reviewed the purpose of various programs mentioned therein. She confirmed her interest in volunteering to oversee the organization of this effort and said she specifically wanted to point out the significance of the last sentence of the resolution that it shall not be merely rhetoric but shall be followed up by consistent and realistic actions to achieve the goals. She said copies of the proposed resolution were* provided to legislators with the recommendation to be passed in every city. *CORRECTION from 1/25/94 Council meeting: change the word "were" to "will be" Appointments to Commissions /Committees /Boards: City Manager Netter explained that several appointments were deferred from the previous Council meeting as signified on the agenda. Appointments for terms expired on Dec. 31, 1993 were reviewed or made as follows: a) Parks and Recreation Commission (one year terms) - Mayor Reilly referred to the expiring term of David O'Brien and said, due to illness, he had not had an opportunity to comnmicate with the applicants and, therefore, it was necessary to defer his nomination for this appointment to the next City Council meeting. b) Mobile Home Parks Rent Appeals Board (two year terms): 1. Councilman Hollingsworth referred to Patty Coe's resignation from this board leaving an opening for a one year term. He acknowledged the presence of applicant William Combs in the audience and advised this application was the only one received for this opening. He said he would like to comnmicate further with Mr. Combs during tonight's Council meeting recess. 2. Mayor Reilly referred to Mary Sobel's term expiration and opening for a two year term and explained comrunications with Terriann NL-Gowan, applicant for the Parks & Recreation Commission, and who also signified interest in the Rent Appeals Board. Upon motion by Mayor Reilly, seconded by Councilwoman Spiro, and unanimously approved, Terriann McGowan was appointed to the Mobile Home Rent Appeals Board for the designated two year term to expire December 31, 1995. City Council Commission /Committee liaisons: City Manager Netter referenced copies provided to Council of his memo dated January 5, 1994 regarding Council Liaison Assignments and Brown Act Committees and City Attorney Flitner's memorandum dated December 10, 1993 regarding Brown Act, Meetings of Subcommittees of less than a quorum. Staff has segregated the liaison assignments from the Brown Act committees as well as a suggested merger and possible sunset of several committees, as signified on the agenda and in the referenced staff report. Rohnert Park City Council Minutes (6) January 11, 1994 Discussion followed during which Council reviewed the list of assignments and concluded in a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to accept the Council commission /committee liaison and Brown Act assignments keeping all retained Councilmember assignments the same but with category and retention or deletion changes signified as follows: Cultural Arts Commission (Hollingsworth) - RETAIN Parks and Recreation Commission (Gallagher) - RETAIN Planning Commission (Hollingsworth) - RETAIN Senior Citizens Advisory Commission (Spiro) - RETAIN Sister City(s) Relations Committee (Spiro) - RETAIN Rent Control(Eck & Reilly) - CHANGE - - REMDVE from this liaison list & PLACE on Brown Act Committee list ABAG (Spiro, alt. Gallagher) ABAG Hazardous Waste Management/ TAC (sub - committee) (Reilly) Chamber of Come-rce (Eck, alt. Spiro) - Combine Economic Development Committee of RP Chamber of Commerce Community Outreach for Youth & Families (Spiro & Hollingsworth) Community Separators (Mayors & Councilmembers appt.- Eck) ATE: It was pointed out that Community Separators and Open Space/ Sphere of Influence listed below under Brown Act Committees were the same and should be combined following response from David Hansen of Open Space District to previous inquiry from this Council. Hazardous Materials Management Commission (County appt. - Reilly) Library Advisory Board (Reilly) Mosquito Abatement Board (until 10/94 - Hopkins) Open Space Advisory Committee (County appt. - Eck) Regional Wastewater Advisory Committee (Eck, alt. Gallagher) Regionalism (Hollingsworth & Gallagher) Sonoma County Gang Task Force - (Gallagher) Sonoma County Transportation Authority (Eck, alt. Gallagher) Son "TWWW'N - RETAIN - RETAIN - RETAIN - RETAIN - RETAIN - DELETE - RETAIN Rohnert Park City Council Minutes (7) January 11, 1994 City Council Commission /Committee liaisons (cont'd): Bingo (Eck & Gallagher) - DELETE Cable Television (Eck & Gallagher) - DELETE Garbage (Reilly & Spiro) - as of 6/8/93 - DELETE Golf Courses (Hollingsworth, alt. Spiro) - RETAIN Open Space /Sphere of Influence (Eck & Hollingsworth) - RETAIN M , this committee should be combined with Community Separators following response from David Hansen of Open Space District on previous inquiry. Performing Arts Center (Eck & Spiro) - RETAIN Rent Control (Eck & Reilly) - CHANGE - - REMJVED from above liaison list & PLACID on Brown Act Committee list School District /City Communications Committee (Spiro & Gallagher) - RETAIN Stadium (Reilly, alt. Eck) - DELETE bffb.m: Economic Development Committee of RP Cumber of Commerce (Spiro) - MERGER APPROVED -Merge with Chamber of Commerce SUNSETS (former Council assignments): Housing Task Force (Gallagher & Reilly) - DELETE Public Safety /Civic Center (Hollingsworth & Gallagher) - DELETE Sonoma County Convention & Visitors Bureau/Wine Visitors Center (Hollingsworth & Spiro) - DELETE Southwest Boulevard Shopping Center (Eck & Spiro) - DELETE Discussion included Councilwoman Gallagher's concern related to sunsetting the Housing Task Force and requested her comments be submitted for the record. She felt the Housing Task Force should be brought back because of the critical problems being faced regarding ABAG, the State, sewer capacity, and affordable housing issues brought up during General Plan hearings. She said the task force contributed greatly to research and effectively provided citizens to work on details and bring a much simpler plate to assist Council. Council response included confirmation to Councilwoman Gallagher's concern that any committee or Council liaison assignments can always be re- established whenever deemed advisable by Council. Also, Councilwoman Spiro explained the mix -up related to her attendance to the last two Sonoma County Transportation Authority meetings. Councilman Eck had requested Ms. Spiro to attend in his place thinking that she was the alternate instead of Councilwoman Gallagher, as correctly signified in the above listed liaison assignments. Rohnert Park City Council Minutes (8) January 11, 1994 Cable TV ►utters: 1. Rate Regulations for Cable Corm mications or Cable TV Systems - Assistant City Manager Leivo explained the resolution for consideration as reviewed in the staff report and the Council Meeting Memo. He said a public notice had been duly noticed and scheduled at this time. Mr. Leivo responded to various Council questions including confirmation that adoption of the resolution gives the City of Rohnert Park the control over rate regulations for basic cable service but is limited to following the FCC regulations as outlined in the draft regulations provided to Council with the above- referenced staff report. Public Mayor Reilly opened the public hearing at approximately 7:32 p.m. Hearing There being no one desiring to speak, the Mayor closed the public hearing. Resolution A RESOLUTION APPROVING RATE REGULATIONS FOR CABLE CCM MICATIONS OR No.94 -07 CABLE TELEVISION SYSTEMS Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -07 was waived and said resolution was adopted. 2. Formation of Joint Powers Agreement for Cable TV rate regulations and consumer protection standards - The resolution approving this agreement was adopted by the Council in October of 1993. As an update to the Council, as reviewed in the Council Meeting Mertes, it was verified that the Cities of Sebastopol, Sonoma, St. Helena and Calistoga have approved similar agreements in joining the Joint Powers Authority (JPA). The City of Cotati and possibly the County of Sonoma are in the process of approving similar resolutions to join the JPA. Assistant City Manager Leivo reviewed the funding aspects related to the budget for the JPA and said the purpose of the JPA is to hire a cable TV consultant to assist the members with various technical aspects of the cable TV industry, especially related to the multitude of new laws being passed and the complexity of the issues involving customer service. Assistant City Manager Leivo pointed out that M.tltiVision Cable TV rates are currently frozen by previous Council action. FCC regulations are in a chaos right now. If Council waits, the JPA could handle the various complexities involved rather than Council making the initial effort. RECESS Mayor Reilly declared a recess at approximately 7:38 p.m. RECONVENE Mayor Reilly reconvened the Council meeting at approximately 7:48 p.m. with all Councilmembers present. Appointment to Mobile Home Parks Rent Appeals Board (two year terms): As previously signified in these minutes, Councilman Hollingsworth confirmed further communications during the Council meeting recess with William Combs, applicant for this board. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, William C. Combs was appointed to the Mobile Home Park Rent Appeals Board for the designated two year term to expire December 31, 1995. Rohnert Park City Council Minutes (9) January 11, 1994 Sonoma County Integrated Waste Management Plan: Assistant City Manager Leivo shared contents of staff report including comments reviewed in the Council Meeting Memo pertaining to the Preliminary Draft of the Sonoma County Integrated Waste Management Plan and Siting Element. He said a public hearing had been duly noticed and scheduled at this time. Mr. Leivo confirmed it would not be necessary for Council action tonight on the resolution listed on the agenda, but should be deferred to a future meeting after the County submits the final draft. Public Mayor Reilly opened the public hearing at approximately 7:55 p.m. Hearing There being no one desiring to speak, the Mayor closed the public hearing. Public Safety matters: 1. DARE (Drug Abuse Resistance Education) Program: Director of Public Safety Rooney explained this program via a slide presentation to share contents of staff report provided to Council, including comments reviewed in the Council Meeting Memo. Chief Rooney responded to various Council questions confirming staff recommendation that the project has been successful in many comrunities and would be a great compliment to the programs the City currently provides to the youth of this comnmity. Following discussion a motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved as recom- mended by staff, to proceed in the direction of implementing the Drug Abuse Resistance Education (DARE) Program in the City of Rohnert Park. Further discussion ensued during which confirmation was given that this item would be included on the agenda of the joint meeting with Cotati and the School District, as well as acknowledgment from City Manager Netter that it would also be discussed tomorrow during a luncheon meeting with Dr. Buster, School District Superintendent. In response to Councilwoman Gallagher's request to be the Council liaison for this program, Council comments concluded to leave the matter with the Public Safety Department at this point and deal with consideration of Council liaisons at a later date. Shannon Jordan, 525 Williams Drive, Santa Rosa, shared numerous details of her positive experience as a former active participant of the DARE program and current part i c i pant of the McDowe l l Drug Task Force. Though her experience with the DARE program was in another city, she has cousins in Rohnert Park and, because of the effectiveness of the program in other areas, encouraged its implementation in Rohnert Park. 2. Staffing and reorganization: City Manager Netter and Director of Public Safety Rooney shared contents of staff report, as reviewed in the Council Meeting Memo, pertaining to staffing and reorganization of the Department of Public Safety. They responded to Council questions confirming staff recommendation to convert the vacant Lieutenant's position to two Sergeant positions to allow for a line supervisor to be in charge of Rohnert Park City Council Minutes (10) January 11, 1994 each patrol team. The logic of relocating the Youth and Family Services operation, currently located at the Northern Station, to the third floor of the Public Safety Facility as originally planned, was included as part of staff review and recommendation. Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, as recommended by staff, the above- reviewed staffing and reorgani- zation changes for the Department of Public Safety, were unanimously approved. Council comments followed during which appreciation was expressed for the effective efforts of the new Director of Public Safety Pat Rooney, especially complimenting his ideas toward helping others learn to respect and look up to police officers. Chief Rooney was described as a people person, doing a wonderful job, and greatly appreciated. 3 & 4. Interagency Communication System for notification of serious /violent crimes & X- Image, Child ID Program City Manager Netter shared comments as reviewed in the Council Meeting MmW and said he thought the referenced third and fourth items listed on the agenda could be combined. The Police Chiefs' Association has accepted the lead in working with Sonoma County and the cities in Sonoma County to develop an All Points Bulletin (APB) and other related countywide protocol, and indications are that a policy and proposal should be available by April of 1994. Staff will keep the Council apprised of the progress on this endeavor. Planning and Zoning matters: File No. 0807 - Triple "S" Tire Center /Lombard & Associates, Inc. - Appeal Planning Commission direction to re -paint building back to white with dark trim - Planning Director Skanchy shared contents of staff report with attachments provided to Council pertaining to this item. He distri- buted colored photographs for Council's observation of the referenced building and responded to various Council questions confirming the Planning Commission direction to re -paint the building as described. Edwin Werden, Vice President of Lombard & Associates, Inc., shared numerous reasons for requesting the Council's acceptance of the industrial paint colors on the Triple "S" Tire Center building in question. Reasons included approval of customers from survey results and nn i n +inn ^i i+ +h =+ +►,c survey ••�_•• t•••• -r..v �..7 vaw r v. uAV VL Lr yellow with red trim colors are the official colors of the company and are as much a part of promotion for the business as other forms of advertisement. Lorrie Lombard, Owner/President of bombard & Associates/Triple "S" Tires, acknow- ledged agreement with Mr. Werden's comments. He responded to Council questions confirming no objections to the choice of paint from the owner of the building or customers, as signified by letters on file. In response to concerns about the condition of the landscaping, Mr. Lombard explained they had put in some landscaping previously but it was not backed up with a proper watering system for maintenance. He said this has definitely been a problem and advised that the solution is forthcoming and in progress. Rohnert Park City Council Minutes (11) January 11, 1994 Discussion concluded upon motion by Councilwoman by Councilman. Eck, with landscaping conditions of met by the summer of 1994, the appeal of File No. yellow with red trim paint on the Triple "S" Tire unanimously approved, until time to repaint, should be repainted in a color that meets the planning codes. Gallagher, seconded the property to be 0807 to retain the Center building was then the building conditions of the File No. 1362 - Abandonment and sale of a portion of Assessor's Parcel No.046- 540 -75 being a 7,500± sq.ft.portion of Parcel "B" located at the westerly end of Lanyard Court - Planning Director Skanchy shared contents of staff report with attachments pertaining to the abandonment and sale of the property as described. He responded to Council questions and advised that a public hearing regarding this matter had been duly noticed and scheduled at this time. Public Mayor Reilly opened the public hearing at approximately 8:50 p.m. Hearing There being no one desiring to speak, the Mayor closed the public hearing. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No.94 -08 ABANDONING AND VACATING A 6,254 SQUARE FOOT TRI.ANGC14AR PARCEL LOCATED AT THE WEST END OF LANYARD COURT (WEST) WITHIN HOLIDAY PARK SUBDIVISION UNIT NO. 4 (A PORTION OF ASSESSOR'S PARCEL NO. 046- 540 -75, PARCEL B) Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 94 -08 was waived and said resolution was adopted. File No. 1585 - Laguna Apartment project for Codding Enterprises - consideration of Draft Environmental Inpact Report for the 172 unit Laguna Apartment project located at 325 Laguna Drive - Planning Director Skanchy shared contents of staff report with attachments pertaining to File No. 1585, as described herein, and advised that Elgar Hill prepared the draft document. He responded to Council questions and advised that a public hearing regarding this matter had been duly noticed and scheduled at this time. Elgar Hill, Environmental Analysis and Planning, responded to further Council questions related to contents of the referenced draft EIR. Public Hearing Mayor Reilly opened the public hearing at approximately 8:57 p.m. Linda Branscomb, 21 Anne, encouraged the Council to vote in favor of the Laguna Apartment Project when it comes through the necessary procedures but to include conditions as follows: 1) need affordability covenants in the event the project is sold; 2) require a total of 10 handicapped units in the project; 3) major landscaping should be a mitigation measure because of lack of park space; and 4) this project should be a prototype development for future comnuzity projects. Timothy O'Hara, Law Office of David Spangenberg, expressed reasons for requesting that the draft EIR be re- submitted for additional comments as follows: 1) the number of potential children in the project could exceed 17 according to the 3.1 average family size indicated; 2) some of the responses were inadequate and some of the figures may not be correct; Rohnert Park City Council Minutes (12) January 11, 1994 3) the issue of police response time was raised along with the seeming abandonment of the neighborhood concept because of such needs as pedestrian accesses and bicycle transportation provisions, giving examples of mitigation requirements as a condition for approval of the project; and 4) suggestion to make low income housing a firm condition for this project with the city's limited capacity for development and this project has a promise of providing that condition. Planning Director Skanchy clarified that the above- referenced 3.1 figure is the actual family size for a single family, whereas the average figure for 1 bedroom apartments is .1 or less. Jake Mackenzie, 1536 Gladstone Way, expressed agreement with the above convents of Linda Hranscomb encouraging the Council to approve this project. He shared reasons for encouraging the innovative concept as the City moves toward a proper General Plan. He personally testified on various mitigation efforts in the past and reviewed some of those concerns expressed in 1990 such as housing provisions for workers in the referenced area. It seems this type of project would alleviate some of the traffic related problems and add to the solution for housing needs. Mr. Mackenzie further stated that he did not see this project as an abandonment of neighborhood development but rather as a concept that meets the needs of the area and represents the benefit of forward thinking. Hugh Codding of Codding Enterprises, expressed appreciation for the comments of support. He commented that he would like to do something that Codding Enterprises and the City could be proud of and felt this project could do that. He referred to the possible availability of certain affordable housing funds he had recently discussed with Assistant City Manager Leivo and, though he has never thought about asking for any public assistance and still does not care if they have any now, on the other hand, if the City would be more comfortable with the conditions and guidelines set forth in use of such funds, he would be interested in knowing more about it. Mr. Codding further explained that this type of housing project was recomrended 2 or 3 years ago and he would like to see the project completed in his lifetime. In response to Councilwoman Spiro's suggestion to designate a portion of the project specifically for seniors when it gets to the project stage, Mr. Codding said they could make it all for seniors, if desired. There being no one further desiring to speak, Mayor Reilly closed the public hearing at approximately 9:14 p.m. Discussion followed during which Councilman Eck said he thought the EIR gave enough information for Council to make a decision. He referred to staff convents related to the impacts on mitigations and recommended incorporating as part of the official resolution the suggestions made under the response caption on page 11 of the staff handout as follows: "Projects should not be considered for approval until adequate sewage treatment capacity has been assured, all issues regarding potential adverse impacts from wastewater discharge have been resolved to the City's satisfaction and all necessary sewage system improvement contracts have been executed." Councilman Eck also recommended that the applicant take a close look at the mitigation guarantees like low income units. Rohnert Park City Council Minutes (13) January 11, 1994 Resolution A RESOLUTION OF THE R0HNERT PARK CITY COUNCIL APPROVING AND ADOPTING No. 94-09 THE CERTIFICATION OF THE DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT FOR THE LAGUNA APARTMENTS AS ADOPTED BY THE ROHNERT PARK PLANNING COMMISSION IN RESOLUTION NO. 93 -6 AND CERTIFYING THE DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT AS THE FINAL ENVIRONMENTAL IWACT REPORT FOR THE LAGUNA APARTMENTS AND DIRECTING THE CITY MANAGER TO FILE THE NOTICE OF DETERMINATION Upon motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, and unanimously approved, with amendment by Councilman Eck to include the above- reviewed impacts on mitigations under the referenced response section of the staff handout, reading of Resolution No. 94 -09 was waived and said resolution was adopted. Bodway Parkway Extension Assessment District, Project No. 1993 -5 City Manager Netter explained the resolutions for consideration as reviewed in the Council Meeting Memo and responded to Council questions. Resolutions: No.94 -10 RESOLUTION ACCEPTING PETITION, BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO. 1993 -5, CITY OF ROHNERT PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -10 was waived and said resolution was adopted. No. 94-11 RESOLUTION APPROVING BOUNDARY MAP, BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO. 1993 -5, CITY OF ROHNERT PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -11 was waived and said resolution was adopted. No. 94-12 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES, BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO. 1993-5, CITY OF RU*= PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -12 was waived and said resolution was adopted. No. 94-13 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES, BODWAY PARKWAY D=SION ASSESSMENT DISTRICT, PROJECT NO. 1993 -5, CITY OR ROHMM PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -13 was waived and said resolution was adopted. No. 94-14 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO. 1993 -5 Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -14 was waived and said resolution was adopted. Rob- ert Park City Council Minutes (14) January 11, 1994 No.94 -15 RESOLUTION ACCEPTING REPORT AND SETTING IICAR.INGS OF PROTESTS, BODWAY PARKWAY EXTENSION ASSESSMENT DISTRICT, PROJECT NO. 1993 -5, CITY OF ROIIIRT PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -15 was waived and said resolution was adopted. No. 94-16 RESOLUTION CALLING FOR CONSTRUCTION BIDS, BODWAY PARKWAY EX'T'ENSION ASSESS42U DISTRICT, PROJECT NO. 1993 -5, CITY OF ROM= PARK Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, reading of Resolution No. 94 -16 was waived and said resolution was adopted. SW B1vd.Station - Amendments to Lease Agreements with Boys & Girls Club and Sonoma County Office of Education - City Manager Netter explained the resolutions for consideration regarding this item as reviewed in the Council Meeting. He pointed out the additional hold harmless clause to be added to the Boys & Girls Club lease agreement pertaining to any contaminations not caused by the tenant. Resolution A RESOLUTION AMENDING SECTIONS 2,3,4 AND 6 OF THAT CERTAIN LEASE No. 94-17 AMEII4ENT DATED AUGUST 25, 1992 BETWEEN THE CITY OF ROMERT PARK, AS LESSOR, AND Sa"OR COLaVT.'Y OFFICE OF EDUCATION, AS LESSEE, AND BEING FOR THE USE OF THE FORMER PUBLIC SAFETY BUILDING AT 435 SOUTHWEST BOULEVARD FOR A COMvUNITY SCHOOL Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 94 -17 was waived and said resolution was adopted. Resolution A RESOLUTION AMENDING SECTIONS 2,3 AND 6 OF THAT CERTAIN LEASE No. 94-18 AG EEME71U DATED OCTOBER 13, 1992 BETWEEN THE CITY OF ROHNERT PARK, AS LESSOR, AND THE BOYS AND GIRLS CLUB OF ROiNMT PARK, AS LESSEE, AND BEING FOR THE USE OF THE FORMER PUBLIC SAFETY BUILDING AT 435 SOUTHWEST BOULEVARD FOR A BOYS AND GIRLS CLUB Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, with the inclusion of the hold harmless clause from contamination not caused by tenant, as recommended by staff, reading of Resolution No. 94 -18 was waived and said resolution was adopted. Mayor Reilly advised that the following item would be moved forward on the agenda and handled at this time as a courtesy to citizens present in the audience desiring to comnent on the matter. Environmental Resource Council (ERC) - Letter from County of Sonoma Board of Supervisors regarding representation - City Manager Netter shared comments pertaining to this item as reviewed in the Council Meeting Mmmo and responded to various Council questions. He explained that he initially requested Director of Public Works /City Engineer Brust to seriously review the costs for cleanup of underground storage tanks and recommend steps that could be taken to stop paying the bills which was draining the general fund to the tune of over $600,000. Rohnert Park City Council Minutes (15) January 11, 1994 Discussion followed during which Council comments confirmed previous invitations from City Engineer Brust to attend the meetings with him with preference expressed by Council not to attend such meetings but for Mr. Brust to represent the issue from his background and expertise. In response to an initial motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, to support Director of Public Works /City Engineer Brust as voicing Council representation at the meetings, Councilwoman Gallagher said she would need certain questions answered by the City Attorney, who was absent from this meeting, before voting in favor of the motion. Councilwoman Gallagher said she would also like a report on City Engineer Brust's activities with the Regional Water Quality Control Board. Further Council comments recommended the need for Council liaison to attend the meetings related to this issue to take the heat off of staff and to support staff findings and recommendations in the matter. Discussion concluded in a motion by Councilman Hollingsworth, seconded by Councilman Eck, with Councilwoman Spiro dissenting because she believed Council should wholly support staff and Mr. Brust's representation of the matter, Vice Mayor Eck and Mayor Reilly were approved as Council liaison with strong staff backup from City Engineer Brust for the issue related to cleanup of underground storage tanks and Environmental Resource Council (ERC) representation. Councilman Councilman Hollingsworth left the chamber at approximately Hollingsworth 9:37 p.m. during further discussion of the ERC issue and returned leaves /returns at approximately 9:40 p.m. Pimentel Property at corner of Rohnert Park Expressway & Stony Point Road - City Manager Netter shared content of staff discussion with represen- tatives of property owners pertaining to this item as reviewed in the Council Meeting Memo. He responded to Council questions and further reviewed details of the rare opportunity to purchase the property at a reasonable price with the potential of controlling the land at its westerly border for many years into the future. Discussion included varied opinions related to this matter with Councilwoman Spiro pointing out loss of city control over the land if it should end up with the Open Space District and /or an outside party and concerns connected with others making decisions for such closely related city matters. Councilwoman Gallagher did not think budget constraints of the City should include any further land purchasing considerations and that the current list of city -owned property is already sufficient. Comments were made regarding the need to maximize options for the City with comparisons to General Plan concerns and precautions to making premature presumptions related to open space or boundary designations. Discussion concluded with general Council consensus, with the exception of Councilmen Spiro because of above- reviewed reasons for city ownership of the property, to proceed with comtunications with the Open Space District regarding intentions and, if the Open Space District is either uninterested or unable to purchase the property because this seems to be the main desire of the citizens of Rohnert Park for open space designation, then the matter should be brought back to Council for further review to purchase the property. Rohnert Park City Council Minutes (16) January 11, 1994 Mr. King, Co- Administrator of the Mary C. Pimentel estate, encouraged the Council to look to the future of Rohnert Park and keep the door open as far as development to the west of the city is concerned. He reviewed the complexities involved related to the Pimentel estate which were compounded by the more recent death of Mary Pimentel's son, Manuel, who was to receive the property, and now involves his nine children. He said the Council should look very hard at the area before locking it into the Open Space District because, once it is there, it is forever. Fire Equipment donation (used emergency light bars) to newly formed Fire District of Penngrove and Cotati - City Manager Netter shared contents of the staff report provided to Council, as reviewed in the Council Meeting Memo, regarding the Director of Public Safety's request to donate the referenced fire equipment. Lt*n motion by Councilwoman Spiro, seconded by Councilwoman Gallagher, to donate the seven (7) emergency light bars at an estimated value of $50 each for an approximate total value of $350 to the newly formed Fire District of Penngrove and Cotati, was unanimously approved. Council Committee Reports: 1. Mobile Home Rent Appeals Board - Survey Proposal - Mayor Reilly referenced copies provided to Council of letter dated January 4, 1994 from Stephen D. Lewis, Professor of Economics, Sonoma State Ckiiversity, regarding the proposed survey to investigate the impacts of mobile home rent controls in Rohnert Park since its introduction in 1988, as reviewed in the Council Meeting Memo. Mayor Reilly said he and Council Committee Member Eck would review the proposal more fully and it would be brought back to the full Council for further discussion later. 2. Golf Course Committee - Councilman Hollingsworth, acknowledging the Council Committee comprised of himself and Councilwoman Spiro, referenced recent meeting with City Manager and representatives of American Golf to discuss operations at Mountain Shadows golf courses, as reviewed in the Council Meeting Memo. Councilman Hollingsworth also shared contents of letter dated January 10, 1994 from Mountain Shadows Golf Resort regarding changes in tee times on the north course to start March 1st, 1994 on a trial basis to assist revenue growth for golf course improvements and p_ re -paid Green fee_ syst..em fn r t.,p =-A holidays to start April 1st, 1994. This will eliminate the 25% no show rate during golfing season, as well as eliminate lines which develop when customers are waiting to pay for green fees. Al Barr, 5746 Dexter Circle, representing other neighbors of the surrounding area, reviewed concerns related to continued noise violations on the Mountain Shadows Golf Course loud speakers. Councilman Hollingsworth responded that communications with Mark Flowers last Friday signified changes for a new numbering system that will take a few weeks to incorporate. In response to further inquiry from Mr. Barr, Council agreed to writing a letter over the Mayor's signature to Mountain Shadows regarding the continued noise complaints from the neighbors. Rohnert Park City Council Minutes (17) January 11, 1994 EXTEND COUNCIL MEETING - Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, with Councilman Hollingsworth dissenting, to extend the Council meeting a few minutes in order to complete necessary items listed on the agenda, was approved. 3. Community Outreach for Youth & Families - Mayor Reilly referenced this Council Committee comprised of himself and Councilwoman Spiro and signified on -going meetings and communications regarding use of COYF Center /Coordination with Senior Center, Volunteer Center, etc., and results of meeting with Senior Advisory Sub - Committee and COYF Representatives. Staff report with attached floor plan proposal was provided to Council, as reviewed in the Council Meeting Memo, which would accommodate a joint use of two meeting rooms and allow for the room to be converted into a pool room. The cost of improvements would be about $3,500. Communications - Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilman Eck referenced a letter from the City of Sonoma regarding formation of a green belt alliance. He complimented the letter and requested placing the item on the next Council agenda for consider- ation of drafting a similar green belt alliance for Rohnert Park. City Manager's report: 1. Report on alternative fuel vehicles - City Manager Netter referenced staff report dated January 4, 1994 regarding this item and advised it is not economically feasible but should be kept in mind. Discussion included a motion by Councilman. Eck, seconded by Councilwoman Gallagher, and unanimously approved, to consider submitting a grant application for alternative fuel vehicles. 2. PSO Participation in Group Study Exchange Program - Rotary Club - City Manager Netter communications provided to Council regarding Public Safety Officer Daniel Marquez' request to participate in the referenced program along with preference signified by Director of Public Safety Rooney that negative vacation time be pursued versus accumulating excessive compensation time. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, PSO Marquez' participation in the Rotary Club Group Study Exchange Program as recommended by staff, was unanimously approved. 3. Community Development Block Grant (CDBG) 1994 -95 Program - City Manager Netter referenced staff report provided to Council regarding this item for informational purposes. 4. Donation from Dorothy Rohnert Spreckels to Performing Arts Center - City Manager Netter reported on the referenced unrestricted donation in the amount of $20,000. Upon motion by Councilwoman Gallagher, seconded by Councilwoman Spiro, to submit the $20,000 donation from Dorothy Rohnert Spreckels to the Performing Arts Center endowment fund, was unanimously approved. Rohnert Park City Council Minutes (18) January 11, 1994 5. Fire Service coverage on special holidays - City Merger Netter advised that this item was a report for informational purposes which provides for mandating coverage for fire service personnel on holidays. 6. Employees /Comnissi.ons Service Awards & program - City Manager Netter explained the purpose of this program. Discussion concluded in a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, to proceed with the Employees /Commissions Service Awards & program on March 31st, 1994, as recommended by staff, stipulating no host and costs to be around $5,000. 7. John Ellis, Public Safety Officer is leaving - City Manager Netter advised that John Ellis has accepted another job offer as Fire Chief in the City of Marysville, California and would be leaving Rohnert Park in the near future. City Attorney's report: 1. County of San Bernardino and Inland Counties Emergency Medical Agency et al. vs. City of San Bernardino, et al. - City Manager Netter shared contents of this letter dated December 22, 1993 regarding the referenced request for amicus support along with attached memorandum from City Attorney Flitner reconnending the support at no cost to the city. At issue is whether a city or fire district can determine the level of emergency service it can and /or will provide or whether instead the county can control it through the local emergency medical serviced agency, Upon motion by Councilwoman Gallagher, seconded by Councilman Hollings- worth, to support this amicus brief, as recommended by the City Attorney, was unanimously approved. Matters from/for Council: 1. Department of Recreation Annual Volunteer Luncheon at the Community Center, 12:00 noon, Thursday, January 27, 1994 The Mayor announced this occasion and confirmed that he planned to attend. 2. Local Government Commnission - Restructuring Task Force - City Manager Netter referenced comninications provided to Council of meetings scheduled for the referenced task force as follows: Thursday, January 27, 1994 - Sacramento Thursday, February 17, 1994 - Santa Nbnica Friday, Saturday, Sunday, Mar. 18 -20, 1994 - 3rd Annual Conference Following concerns related to budgetary constraints and Council direction earlier this year that there is no reason for two Council - members to attend the same meetings, discussion concluded in a motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, and unanimously approved, authorizing Councilwoman Spiro as Council liaison to all the above - signified meetings and authorizing Councilwoman Gallagher to attend only the Sacramento meeting on January 27, 1994. Council also agreed with Councilman Eck's recommen- dation to review the Council budget for attending meetings during upcoming mid -year budget reviews. Rohnert Park City Council Minutes (19) January 11, 1994 3. Town Hall Meeting in "C" Section - City Manager Netter said this item was on the agenda for Council's consideration to select date, possibly Tuesday, February 15 or Thursday, February 17, 1994. Discussion included confirmation by Councilman Hollingsworth that he would be out of town on business during the recommended dates. In response to Councilwoman. Gallagher's concerns regarding another pre - scheduled neighborhood meeting, Councilman Hollingsworth recommended that Ms. Gallagher go ahead with her meeting, and that consideration to select a date for the above- referenced Town Hall Meeting in "C" Section be deferred to the next Council meeting. 4. Councilman Eck responded to Mayor's inquiry that his miscellaneous items could be deferred to a later date. 5. Councilwoman Spiro referenced a news flash from HUD regarding funding avail- ability pertaining to extensions and said she was giving the information to the Homeless Prevention Group. She also recommended a letter over the Mayor's signature to HUD recommending provision for the extension regarding consideration of funding for the Homeless Prevention Group. The Mayor agreed. 6. Councilwoman. Spiro said the Red Lobster has a sign on the side of its building that the City does not allow. 7. Councilwoman Spiro referred to pending concerns related to the Wine Center and zoning which were prior to when she was on the Council and asked for Council's consensus for staff to prepare an historical outline of zoning of that area over time. 8. Councilwoman Spiro said she had been contacted by some citizens about the avail- ability of signage which she understood is still not available at the Performing Arts Center. City Manager Netter responded that Planning Director Skanchy is in the process of checking again with the property owner at Safeway regarding community signage possibilities. 9. Councilwoman. Spiro referred to space consideration be given to Council conymnts confirmed location. at the Northern Station and recommended a teen center and maybe T's Academy. there would be a lot of requests for that 10. Councilwoman Gallagher listed her miscellaneous items as follows: 1) Were is ethics report? 2) When will the Crane Melon accounting for 1991/92/93 be available? 3) When will previously signified invitation to Brown Act expert from League of California Cities be extended? 4) Per citizen inquiry, where did the recent tree money go that was signified for tree lighting? 5) Request again to begin forming a 20 year Master Plan committee. Rohnert Park City Council Minutes (20) January 11, 1994 In response to Councilwoman Gallagher's above request to form a 20 year Master Plan Committee, a motion was made by Councilman Eck, seconded by Councilman Hollingsworth, that since the City would be going to have the General Plan update by 1995 and there has been an excellent draft provided by the recent Citizens General Plan Committee which should be utilized and finished. Said motion was approved with dissenting vote by Councilwoman Gallagher. Councilwoman Gallagher said, for the record, that she wanted to make sure people are aware that once a General Plan is approved, another General Plan does not have to be done for five full years, Councilman Eck responded to W. Gallagher's concerns that in the interval citizens would have to rely on the good faith of Councilmembers to tell the truth, to which Councilwoman Gallagher responded that she wanted it further signified, for the record, that Councilman Eck's comments "scares the sh— out of me ", Councilman Eck responded "you said it and I expect to see it in the record as stated ". Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearance appearance at this time. No one responded. Adjournment Mayor Reilly adjourned the meeting at approximately 10:25 p.m. • l