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1994/03/22 City Council MinutesRohnert Park City Council Minutes (15) March 22, 1994 Matters from/for Council: 1. Joint Meeting with SSU President & staff (SSU host) - Council recommended setting the date for this joint meeting on Tuesday, April 5th, 1994. 2. 2x2 Meeting with City of Cotati (sewer contract) - Council concurred to set the time and date for this meeting here in the conference room on Thursday, March 24th, 1994 at 5:00 p.m. with suggestion to begin at 4:00 p.m., if possible. Discussion included Councilwoman Gallagher signifying her desire to attend this meeting. City Manager responded to Council inquiry that agenda notices of Committee meetings, as well as regular meeting agendas, have been properly posted prior to scheduled meetings. Councilman Hollingsworth recommended letting Cotati know three members of the Rohnert Park Council may be attending the 2x2 meeting and if Cotati disapproves, then only the qualified Council Committee Members should attend the meeting. 3. League of Calif.Cities North Bay Division, riverboat cruise down Petaluma River, Sternwheeler Petaluma Queen, 4:00 p.m., Sunday, April 17, 1994 - City Manager Netter said the referenced riverboat cruise was scheduled as signified. 4. Mayors & Council Members Institute in Sacramento, May 11 -13, 1994 - City Manager Netter said material for this item was provided to Council for informational purposes. 5. A -Frame Signs - Councilman Eck said he has noticed A -frame signs particularly in the Southwest Boulevard Shopping Center. The City either needs to review and change the sign ordinance to allow for the A- frames, which seem to be getting larger, or advise people that the A- frames are in violation of the City ordinance and ask that the signs be removed. 6. General Plan process - Councilman Eck referenced Planning Commission minutes related to the General Plan process and expressed concerns about the need to move forward for clarity in the next budget cycle. He said he would like to see efforts toward moving the draft General Plan up so Council can assign a blue ribbon task force for at least some of the elements. Assistant City Manager Leivo responded to Council inquiry regarding the possibility of reviewing and setting up one element at at time that the effort has to be consistent in identifying all the elements throughout the document and it really should come to Council as a whole. Mr. Leivo said the Planning Commission is not at a stalemate but has begun the process of going through each element. The Planning Commission has gone through each element at least once and has taken public comments twice. Discussion concluded in Council direction to request the Planning Commission Chairperson to prepare a report updating Council on the progress of the General Plan process and proposed time table. 7. Councilwoman Gallagher listed several items, some of which she said might be necessary to place on the next meeting agenda as follows: 1) update on the progress of live broadcasting of Council meetings; 2) status regarding updated Code of Ethics; 3) advance abbreviated or draft agenda notices in the local newspaper; 4) as Council liaison, requested timely notification of Gang Task Force meetings; Rohnert Park City Council Minutes (16) March 22, 1994 5) anal, lastly, Ms. Gallagher expressed concern about a call she received regarding seeing the City Manager, City Attorney and former City Manager visiting together at the County offices. She asked why was someone who is no longer the City Manager of this City doing business with paid employees and what were they doing at the County offices together. Mayor Reilly asked if the former City Manager was to be treated differently than any other private citizen. He asked if the question raised would be asked of any other citizen and, if not, Council has no business asking the question regardless of whether it was City business or other matters. But, if the question is raised because it was the former City Manager then you had better come up with a little more information if you are saying that the City Manager and the City Attorney cannot see of visit with him. If that is what you are saying, then all former employees of the City are ineligible to meet with any citizens of Rohnert Park. Councilwoman Gallagher responded no but she thought this information would serve the public interests. Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearances appearance at this time. Marie Vinsick of Rancho Feliz Mobile Home Park, said the Rancho Feliz Resident Association, representing the five mobile home parks, met on March 20th, 1994 at the Methodist Church to discuss the proposed language revisions for Ordinance 494 as reviewed above by City Attorney Flitner. She said the majority of the group is behind the changes recommended by the City Attorney. She expressed concern about the possible confusion to the uninformed public if the mobile home park owners qualify for their initiative on the November ballot and the mobile home residents have their local measure 494 on the same ballot. She asked if there were some way to speed the effort along to qualify for the June 1994 ballot. Mayor Reilly responded that the deadline has already passed for the June ballot, therefore, efforts will have to be made to use the educational process for clarity of understanding on the November ballot. Jake Mackenzie, 1536 Gladstone Way, said he would like to make a brief statement on the debate regarding the progress of the General Plan process. He reviewed the background of his participation in the procedure as a citizen of Rohnert Park. Mr. Mackenzie said he fully supported Council's idea to ask the Planning Commission Chairperson for a report on the progress. He believed there has been a very major work constituted by the Advisory Committee that was sunset last June with referral of the effort to the Planning Commission to proceed sufficiently with the assignment. Adjournment Mayor Reilly adjourned the meeting at approximately 9:29 p.m. to Tuesday, April 5, 1994 at 6:00 p.m. for Joint Meeting with Sonorra State University President and Cabinet at the University Club of the Commons Building, SSU Campus. a-- 4 �.., / � L /, x -, cva� S" a_ Deput C i t y.4 erk or jh Rohnert Park City Council Minutes (13) March 22, 1994 City Manager's report: 1. Comnmity Center /Snyder Lane driveway - cost of curb returns only vs. widening - City Manager Netter referred to Council conclusion at its previous meeting that the $40,000 figure for this driveway widening was excessive and recommended pursuit of an alternative course of action. Director of Public Works /City Engineer Brust reviewed the proposed phased program that would create the two lanes needed until the future work is done on Snyder Lane. This could be done with gas tax funds and would amount to approximately $7,000 to $8,000 for the first stage. A motion was made by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, to proceed with stage 1 of the Comrunity Center /Snyder Lane driveway project, as recommended by staff, in the approximate amount of $7,000 to $8,0000. 2. PRIMA Annual Conference, May 15 -18, 1994 - City Manager Netter advised that he and Finance Director Harrow would be attending this conference. Council concurred. 3. P.G.& E. Quarterly Outage Reports - City Manager Netter reviewed previous request of Council for these reports. P.G.&E has questioned the continued necessity and has requested Council concurrence to eliminate the reports. Council concurred. Councilwoman Spiro recommended a discussing a similar procedure with Pacific Bell with efforts toward customer relations because of recent resident concerns regarding cabling problems. Council agreed. 4. Multi Agency Gang Enforcement Team - City Manager Netter referenced staff report provided to Council signifying support of the referenced countywide program formalized on March 14, 1994. S. Boy & Girl Scouts Government Day - City Manager Netter said representation of this day has been scheduled on the next City Council meeting of April 12th, 1994 via the annual Mock City Council Meeting of the Scouts. 6. Traffic Signals /funding - City Manager Netter and City Engineer Brust explained procedures for funding of traffic signals dealing with Caltrans through the ISTEA program along with MTC and federal government released funds. This has not moved as quickly as the City had hoped but plans for approval are in the works that should enable going to bid in the near future. It is just part of the cumbersome bureaucracy. City Attorney's report: 1. Language revisions re. Ordinance 494 amendments for June ballot measure (Geneva Tent letter request) - City Attorney Flitner shared contents of his memorandum responding to this item confirming that he saw no problem with regard to the proposed changes to Sections 11, 12 and 13 of Ordinance 494 submitted by Mrs. Trent for placement on the ballot. W. Flitner thought a benefit would accrue to all parties if Section 14 Amendment were revised as follows: The provisions of this measure may be amended or repealed by the Rohnert Park City Council after consideration by and recommendation from the Rohnert Park Rent Appeals Board. City Attorney Flitner further explained that this would give the Rohnert Park City Council greater flexibility in dealing with changes in the law either by court decision or by the state legislature. Rohnert Park City Council Minutes (14) March 22, 1994 Mr. Flitner said he thought, if the tcnants want greater protection and assurance, the ordinance could state that any proposed amendment would require a 4 /5ths vote of the City Council. City Attorney responded to Council questions. Discussion included Council comments regarding the need to make sure the mobile home park residents are satisfied with the wording; confirmation that the deadline had already passed for June 1994 ballot measures; and that public hearings could be duly noticed and scheduled for consideration of these amendments for the designated timeline of the November 1994 ballot. City Attorney confirmed he would prepare final wording and submit to City Council for approval. 2. Proposed Price Gouging Ordinance - City Attorney Flitner shared contents of his memorandum regarding the referenced item concluding in his recommndation that Council may want to adopt a wait- and -see attitude for the time being due to pending legislation. Council agreed. 3. Customer Company v. City of Sacramento request for amicus support - City Attorney Flitner shared contents of his memarandum reviewing the referenced amicus request from the City of Sacramento related to a case involving the use of tear gas by the Police Department and resulting lawsuit. The broad issue is whether the cost of law enforcement responses in emergency situations, using the theory of recovery under inverse condemnation, should be borne by the entire comtunity of the persons who sustained the damages. The City of Sacramento believes the answer is that the community should not bear the risk and cites terrorist, hostage, restraint and office mass shootings, etc. If Council agrees with Sacramento, it should authorize adding the City's name to the brief at no cost to the City. City Attorney responded to Council questions that inference was made to insurance claims and store owner damages. Councilman Hollingsworth signified a conflict of interest as representative of a large insurance company. Councilwoman Spiro signified she would also be abstaining because of the reference to store owner damages. A motion was made by Councilman. Eck, seconded by Mayor Reilly, with Councilmember Hollingsworth and Spiro abstaining, to support the above - reviewed amicus brief with the City of Sacramento, was approved. 4. Coleman Persily, District Manager of Golden State Mobile Home Owners Assn. request for amicus support in Hillsborough case - City Attorney Flitner reviewed the referenced request and petition in process related to passing through capital improvements. Mr. Flitner said this request merely upholds earlier direction and, if Council desires, he would respond by letter signifying support accordingly. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, directing letter response by City Attorney signifying amicus support of the above - referenced Hillsborough case, as requested. Discussion followed during which Coleman Persily of Golden State Nbbile Home Owners Assn. confirmed their intention to assist with this effort whenever and wherever possible. He responded to Council inquiry that the above amicus support letter is all that is needed at this time which has also been requested of numerous other cities. Rohnert Park City Council Minutes (11) March 22, 1994 The New Brown Act: City Attorney Flitner referenced workshop hand out on the new Brown Act provided by Liebert, Cassidy & Frierson and confirmed City Manager's suggestion to hold a Council workshop for a more detailed review of this item. Mr. Flitner highlighted a few of the changes such as a change in the definition of a body, where meetings are to be held, certain agenda changes and rules governing closed sessions. He pointed out that Rohnert Park will continue to strictly follow the Brown Act and the enforcement date of the new changes will be April 1st, 1994. These changes need to be reviewed very carefully. The above - referenced handout seems to adequately cover the information. Council concurred to schedule the workshop for the new Brown Act at for the first half hour of the next Council meeting of April 12, 1994 beginning at 6:00 p.m. or, if the agenda is too lengthy, at the Mayor's discretion, the work shop should start at 5:30 p.m. for half an hour prior to the April 12th Council meeting. Sonoma County Waste Management Plan & Siting Element - Final Draft and Draft Program Environmental Impact Report (EIR): Assistant City Manager Leivo shared contents of staff report provided to Council with attached summaries pertaining to this item. He confirmed the public comment period on the Draft Environmental Impact Report has begun and will end on March 25, 1994. The Sonoma County Planning Commission and Board of Supervisors will hold public hearings, review and certify the EIR. The adopted COIWW will be submitted to the California Integrated Waste Management Board which must also approve the plan. A draft of the CoIWW was submitted to the state staff which has indicated that the Sonoma County IWMP is consistent with law. Mr. Leivo responded to the Mayor's inquiry that this report was provided to Council for informational purposes. Boxing Program update: City Manager Netter said staff is in the process of working with Herb Cody of the Martial Arts Center on the development of the "Commmity Boxing Center" boxing program, as reviewed in the Council Meeting Memo. He said Mr. Cody is in the process of being certified which is necessary in order to be sanctioned by the U. S. Amateur Boxing Operations. City Manager Netter further reviewed the details involved with this procedure as well as third party insurance coverage responsibilities of the City. Staff is working with Mr. Cody on the certification and the three (3) week time period for this process will not affect the program. Mr. Netter responded to Council questions and said consideration of the boxing agreement with resolution approving same would be deferred to the next Council agenda. Town Hall Meeting - G & H Neighborhoods, April 28, 1994, 7:00 -9:00 p.m., Goldridge Elementary School - Kilti Use Room, 1455 Golf Course Drive - City Manager Netter said a draft agenda for the referenced Town Hall meeting was provided to Council for its review and /or changes. As pre- viously requested by Council, the topics are of a more generic nature and, pending Council's approval, will be distributed to citizens in the G and H sections of Rohnert Park. Rohnert Park City Council Minutes (12) March 22, 1994 Discussion included comments from Councilman Eck recommending a mare pro- active format for Council involvement since it has the bottom line responsibility as the policy makers. A much better sense of direction would be established by providing a time frame for citizen input followed by a specific time set for Council responses to the concerns. Council agreed including the more generic approach of discussion topics; signifying the importance of listening to all citizens desiring to speak prior to answering questions; and with further acknowledgment that the Mayor should be in control of the response time which, if requested by Council, would include staff responses. City Manager Netter responded to additional Council questions regarding follow -up actions and directives from the previous C Section Town Hall meeting and procedures for the Neighborhood Watch program. Council Committee reports: 1. Golf Course Committee (Hollingsworth /Spiro) - Councilman Hollingsworth said the Golf Course Committee and staff met with citizens last Thursday, March 17th, to discuss golf course concerns. He explained that Mark Flowers of Mountain Shadows Golf Resort was unable to due to an emergency appendectomy. He suggested an appropriate card be sent to Mr. Flowers 2. 101 Corridor Action Plan - Councilman Eck reviewed efforts to convince Metropol- itan Transportation Commission (MTC) of the interim 101 Corridor Action Plan that has been approved by every city in the County. He explained that KCC is now holding hostage $80 million and the approval of this plan might release those funds back into positive action. Therefore, for Council's information, it might start hearing about the 101 Corridor Action Plan again. Commanications-ConTfunication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1. City Manager Netter referenced item #1 of communications and said the Boys & Girls Club Grand Opening at 435 Southwest Blvd. has been scheduled for Wednesday, March 30, 1994 at 4:30 p.m. for special friends and 5:00 p.m. for the public. 2. City Manager Netter referenced item #10 of communications regarding the City of Ukiah requesting support of nomination to the City Seat on the Northern California Railroad Authorit.i (NCRA) Board of Directors. Another letter from NCRA regarding this opening is forthcoming on the next Council agenda. 3. City Manager Netter referenced item #12 of communications from the Superior Court regarding efforts for non - violence day project on Friday, May 20th, 1994. Meetings are coming up regarding programs related to this program. Rohnert Park City Council Minutes (9) March 22, 1994 Jake Mackenzie, 1536 Gladstone Way, reviewed previous recommendations in support of the amendment to the General Plan and proposed rezoning including previous neighborhood meetings, General Plan Citizen Advisory meetings and, most recently, on record at the Planning Commission meetings. He reviewed previous discussions related to the matter including impacts on the 101 Corridor and the need for housing provisions to meet the needs of those employed by the new commercial developments on the west side. Mr. Mackenzie signified continued support of the proposed apartments which was also a graphic infill opportunity making use of a piece of land sitting in the middle of the area. He said, for these reasons, he requested Council to vote in favor of the General Plan amendment and rezoning which would also serve toward reserving boundaries until the full and proper General Plan can be reviewed. There being no one further desiring to speak, Ibyor Reilly closed the Public Hearing at approximately 8:17 p.m. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, to proceed with General Plan Amendment and Rezoning approvals of Codding Enterprises File No.1585 -A, as requested. Discussion followed during which Councilman Eck expressed disagreement with above comments by Jake Mackenzie which he thought were inconsis- tent with previous concerns. This project should be done within the language of the upcoming General Plan amendment. Efforts have been made trying not to develop housing on a piecemeal basis. As mach as he liked the idea of providing the needed housing for the workers, he still agreed with the effort not to piecemeal. Councilman Eck commended convents in the record of the Planning Commission minutes by Commissioner Branscomb regarding cautions of losing all leverage to guarantee the project for low incomes and some kind of contract for those who live there being those who work there, though the last he heard, there cannot be such restrictions on where people live and work nor necessarily stipulate a low income housing project. Even so, Councilman Eck thought rezoning is still inconsistent because of amenities being in a holding zone and very little has been done yet toward such provisions. Now, of course, even the mobile home parks are in rent control litigations and, even though the proposed apartment project is a very attractive one with the neighborhood concept, it should be held over and decisions not made prior to the General Plan Update. If the rezoning is done now, the City will be stuck with the architectural review holding up the project. Councilman Eck said he thought the EIR pointed out the issues very clearly and it was his intention to vote no until he could see inclusion in the General Plan procedures. Councilwoman Gallagher complimented the rare opportunity of a private builder offering to do this kind of affordable housing project without tax dollars. Ms. Gallagher related to housing needs and said a maximum of 20% to 50% of the population are of medium incomes from $170 to $320 per week. Since $400 per month for housing meets the description of affordable housing in the State of California, this project is a rare opportunity. She signified support of the motion to proceed with approvals as requested. Rohnert Park City Council Minutes (10) March 22, 1994 Mayor Reilly said he agreed with Councilman Eck's commnts that all the loop holes are not filled related to this matter. Councilman Hollingsworth clarified that tonight's action was not approving the project, but was giving consideration to the General Plan amendment and rezoning. He requested a roll call vote. The following items were approved consecutively by a single motion and signified separately in this record. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AN MING CHAPTER 17 OF THE No. 585 ROHNERT PARK "ICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE CR:PD (REGIONAL COMMERCIAL PUD) DISTRICT TO RM:1500 PD (MULTIPLE FAWLY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT (File No. 1585 -A) Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, reading of Ordinance No. 584 was waived and said ordinance was introduced by the following roll call vote: AYES: (3) Councilmembers Gallagher, Hollingsworth and Spiro NOES: (2) Councilman Eck and Mayor Reilly ABSENT: (0) None Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING No. 94-51 THE LAND USE ELEMENT OF THE ROHNERT PARK GENERAL PLAN FOR THE PROPERTY DESCRIBED HEREIN FROM THE REGIONAL COMMERCIAL HIGH DENSITY RESIDENTIAL (10 TO 30 DWELLING UNITS PER ACRE) (File No. 1585 -A) Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, reading of Resolution No. 94 -52 was waived and said resolution was adopted by the following roll call vote: AYES: (3) Councilmembers Gallagher, Hollingsworth and Spiro NOES: (2) Councilman Eck and Mayor Reilly ABSENT: (0) None Discussion included suggestion that diesel trucks change early morning parking from the back of the businesses to the front of the buildings when waiting for the businesses to open. David Codding of Codding Enterprises, said every effort would be made on their part to deal with the concerns expressed during tonight's public hearing and particularly related to the project. Rohnert Park City Council Minutes (7) March 22, 1994 Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING No.94 -51 THE LAND USE ELEMENT OF THE ROHNERT PARK GENERAL PLAN FOR THE PROPERTY DESCRIBED HEREIN FROM THE INSTITUTIONAL (CHURCH) DESIGNATION TO THE HIGH DENSITY RESIDENTIAL DESIGNATION (10 -30) DWELLING UNITS PER ACRE Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 94 -51 was waived and said resolution was adopted. File No.1585- A- Codding Enterprises - General Plan Amendment and Rezoning of a 6.4 ± acre portion of two parcels in order to develop a 172 unit, one bedroom, two story apartment complex. Subject property is located on the south side of Laguna Drive contiguous to the Rancho Feliz Mbbile Home Park and 500 ft. west of Redwood Drive. Planning Director Skanchy shared contents of the referenced staff report confirming recommendation of the Planning Commission for the City Council to proceed with approvals of the General Plan Amendment and Rezoning application as requested. Mr. Skanchy responded to various Council questions and advised that dual public hearings had been duly noticed and scheduled at this time. Public Hearing Mayor Reilly opened the public hearing at approximately 7:51 p.m. John Maxwell, 191 Zaragoza, said he was a resident at Rancho Feliz Mbbile Home Park which is in the vicinity of the referenced area. He thought Council should be aware of certain conditions in the particular area before making the zoning change. Mr. Maxwell listed several noise factors of the location that might prove bothersome to new residents of the proposed apartment complex including garbage trucks at 5:30 a.m., transients going through dumpsters between 2:00 a.m, and 3:00 a.m., air conditioning units that run on top of buildings in the summer, diesel trucks running early in the mornings waiting for businesses to open, vehicles using the open stretch of roadway for a drag strip and at time burning rubber, and the noise of a large space heater turning off and on during pre -dawn hours when it is cold, apparently used to warm the cows. Mr. Maxwell said there was also a need for fire protection on the west side of the freeway. If apartments are built on that side of the freeway, Mr. Maxwell recommended the apartments be designated for seniors. Linda DeBolt, 5701 Davis Circle, expressed concerns about the .7 per unit number of children that might find themselves cut off from the rest of the city in terms of recreational opportunities. Unless these apartments are designated as senior housing, more than likely, children living on the west side will be considered from the wrong side of the tracks and freeway because of all the recreational provisions for those on the east side of the freeway. There is no safe way for children to cross the freeway overpass in order to participate in those activities. Ms. DeBolt shared the example of her own background experience when it was necessary for her and her mother to live in a studio apartment and said the possibility and necessity for others to do so is realistic. She said even though Mr. Codding has signified plans to build a park and bus children to schools,this does not cover all the other entities offered to children on the east side of the freeway and she would hate to see other children being cut off from such opportunities. She respectfully requested Council to consider these concerns very seriously when taking this zoning matter under advisement. Rohnert Park City Council Minutes (8) March 22, 1994 Hugh Codding, 6400 Redwood Drive, responded to the various concerns expressed by the above speakers. To the concerns about the amount of noise from the commercial area, and though Mr. Codding said he is somewhat removed from the mobile home park, the request for the Laguna Apartment project is to change the zoning from commercial to residential. The development of the apartments between the mobile home park and the businesses would become a buffer, so there would actually be less of the described commercial noises for surrounding residents. Regarding traffic concerns, Mr. Codding said traffic is currently light. Certainly, there are a lot of cone ercial trucks at Laguna Drive but, again, if the apartment complex is built, it will buffer the diesel truck noise. Development of the apartment complex will certainly be better for this noise factor than more commercial development would be. Mr. Codding further reviewed previous and extensive experience with similar studio and one bedroom apartments in various other areas and said none have been inclined to attract families with children, but have been very desirable and satisfactory for working adults. Tonight is the first time he had heard the noise complaints but every effort would be made to alleviate any such complaints related to the proposed project. W. Codding said one of the biggest problems they had to deal with was youngsters throwing junk over the fence onto their property but he was not here to complain about this type of thing. They were here to ask the Council to approve this project that Codding Enterprises has now worked on very hard for several years and would do their best to alleviate any of the related problems including the proposed plans for construction of another parking lot. Mayor Reilly responded that he thought the first speaker was simply advising of the noise factors residents of the new apartments could expect. He said it was also his understanding that the mobile home parks already have a number of children living on the west side and, therefore, this was not the first time this issue has been mentioned Marie Vinsick, Rancho Feliz Mobile Home Park, expressed distress over the previous speaker's indication that the west side of the freeway was living on the wrong side of the tracks. She said there was no reason children cannot participate in all that is available in the comrunity, though it may involve more participation on the parts of parents and neighbors, etc. to transport the children to the various programs. She reviewed the number of mobile home parks on the west side and ratio of children involved and made comparisons with her own situation raising a 17 year old. She further compared occasions when students have cut across the back way and knocked down her fence and crushed her roses but, by the same token, just yesterday they were out picking up the trash that accumtlates in the area. She did not think all the trash on the vacant lots comes from the mobile home park buildings but is something the people have to police themselves. Linda DeBolt, 5701 Davis Circle, extended apologies if her comments were taken the wrong way as it was not her intention to imply that the west side was the wrong part of town. She was only referencing terms of amenities available to children that could be taken by some children that those on the east side have more privileges. Some parents have to work until after 6:00 p.m. and would be unable to get their children to the available programs. Ms. DeBolt said her concerns were directed toward those children. Rohnert Park City Council Minutes March 22, 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 -Mayor Reilly called the regular session to order at approximately 6:45 p.m. and led the pledge of allegiance. Mayor Reilly advised that a closed session commenced this evening at 6:00 p.m. to discuss lengthy personnel matters as listed on the agenda attachment. He said no action was taken and there was nothing new 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, City Attorney Flitner, Assistant City Manager Leivo, Director of Public Works /City Engineer Brust and Planning Director Skanchy. Approval Councilwoman Gallagher signified corrections to March 8th, 1994 of minutes as follows: Minutes 1) top of page 2, in the motion approving payment of bills, change the wording "automatic abstention" to "automatic no vote" for Ms. Gallagher's disapproval of payment to the Wine Center for reasons previously signified; 2) at bottom of page 4, in the motion approving the sub -lease with the Chamber of Commerce and Sonoma County Wineries Association, change Council action to signify Councilwoman Gallagher dissenting; 3) top of page 16, in the Council Committee report on the Performing Arts Center, Ms. Gallagher said all the dialogue between herself and City Manager about endowment funds and non - profit status does not appear in the minutes. She referenced handwritten notes she made from viewing the video tape with those comments for the recording clerk. Mayor Reilly responded to above third request that the minutes specify the concluding action of the Council and that the referenced dialogue would have been part of the general discussion and acknowledgment in the minutes that the Council Committee and City Manager responded to various Council questions. Councilman Eck responded he would have to know the details more specifically before approving an automatic inclusion in the minutes, as submitted, and that the subject could be more clearly presented at the next meeting, if necessary and desired. Upon motion by Councilwoman Spiro, seconded by Councilman Eck, with above- reviewed first and second corrections by Councilwoman Gallagher and abstentions for the signified portions, after leaving early, by Councilman Hollingsworth at 8:12 p.m. and by Councilwoman Gallagher at 10:24 p.m., the minutes of March 8, 1994 were otherwise unanimously approved as amended. Rohnert Park City Council Minutes (2) March 22, 1994 Approval Upon motion by Councilman Hollingsworth, seconded by Councilwoman of Spiro, City bills presented per the attached list in the Bills amount of $843,685.50 were unanimously approved. Non - agendaed Mayor Reilly queried if any Councilmember had any non - agendaed items matters to add to the agenda. Councilwoman Gallagher and Councilman Eck each signified a couple of miscellaneous items. Councilwoman Spiro said she may have one miscellaneous item. Councilwoman Gallagher said one of her items was pertaining to this particular time on the Council agendas. She said other City Councils, like Santa Rosa, use two or three minutes at the beginning of meetings for each Council person to convent on the subject matter of particular miscellaneous items so the public can be informed of same and not miss them if people have to leave early. She requested this practice be considered for Rohnert Park Council meetings. Mayor Reilly responded that Councilwoman Gallagher might want to make a motion on this suggestion later during miscellaneous matters from Council to determine Council's direction regarding same. Unscheduled Mayor Reilly stated that in compliance with State Law (The Brown Act), Public citizens wishing to make a convent may do so at this time. Lhder 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. Linda Branscomb, 21 Anne, expressed appreciation to the City Council for approving additional funding to enable the Planning Commissioners to attend the League of California Cities Planning Commissioners' Institute earlier this month. She said it was a valuable learning experience and recommended subscribing to the tapes, if the City is not already doing so, because of data related to planning beyond city boundaries. Secondly, Ms. Branscomb reported on similarities related to a large Ervine company, a successful goodwill business, whereby environmental concerns do not necessarily preclude one another. John Maxwell, 191 Zaragoza, signified interest to comment on the Codding Enterprise/ Laguna Apartment agenda item under Planning and Zoning matters. Marie Vinsick of Rancho Feliz Resident Association, representing residents of all five mobile home parks in the community, said they are banning together because of proposed legislative initiative by mobile home park owners throughout California that no government agency can put rent stabilization back on mobile home parks. This group is growing similar to the '80's ad hoc group. Ms. Vinsick reviewed concerns related to the manner of this group's efforts of gathering signatures without letting people know about one petition hiding under another. Rohnert Park City Council Minutes (3) March 22, 1994 She further reviewed continued concerns of mobile home park residents related to escalating and excessive costs imposed by park owners and the hardship incurred, especially for the elderly on fixed incomes as well as families with lower incomes. Mobile homes used to be considered affordable housing, but this is no longer the case. Ms. Vinsick said her comments tonight were simply to put Council on notice regarding the efforts of the Resident Association and said anyone is welcome to attend their meetings as observers. She said they have no desire to raise any false alarms regarding the above - reviewed initiative efforts of the park owners, but the purpose of the Resident Association is to exchange information from all parks in efforts toward working together. City Attorney Flitner responded to Council question that the County Clerk could verify signatures and has some jurisdiction over circulating legislative petitions under false pretenses. Mr. Flitner confirmed he could check on that, if desired. Council agreed. Mayor Reilly responded to Ms. Vinsick's concerns that she would be advised accordingly if the City receives information on the matter. 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 Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No. 94 -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK IN SUPPORT OF CALIFORNIA RETIRED TEACHERS ASSOCIATION PROCLAMATION No. 94 -46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK PROCLAIMING APRIL 22, 1994 AS "EARTH DAY" No. 94 -47 A RESOLUTION APPROVING THE LEASE AGREEMENT BETWEEN EASTMAN INC. AND THE CITY OF ROHNERT PARK PERTAINING TO THE USE OF CERTAIN LAND OWNED BY THE CITY OF ROHNERT PARK No. 94 -48 RESOLUTION CALLING FOR SEALED PROPOSALS, UNDERGROUND TANK REMJVAL, PROJECT NO. 1989 -5 Approval of final map and accepting dedications (well site, road right -of -way and public utility easement) for Vintage Pointe condominiums, a ± 6.3 acre, 9 lot project located at Camino Colegio and East Cotati Avenue Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (4) March 22, 1994 Friends of the Animals In the Redwood Empire (FAIRE) - Presentation of appreciation resolution - Mayor Reilly acknowledged FAIRE representatives present in the audience and conTwnded the voluntary efforts of FAIRE. The Mayor shared contents of above- adopted Resolution No. 94 -49 expressing appreciation to FAIRE and presented the framed resolution to Holly Blue, President of FAIRE. Ms. Blue expressed appreciation for the recognition. She referenced flyers distributed to Council regarding FAIRE's Ninth Annual Blockbuster Rummage Sale to be held on Saturday, March 26, 1994 from 9:00 a.m. to 2:00 p.m. at the Burton Avenue Recreation Center. Scheduled Public Appearance: Ben Friedman, 7323 College View Drive, regarding rent stabilization ordinance for interest on security deposits - City Manager Netter advised that Mr. Friedman was not present at tonight's meeting. No discussion ensued on this item. Assistance Dog Institute and T's Academy - site review: City Manager Netter referenced plans on display regarding this site review and shared comments as reviewed in the Council Meeting Memo. He acknowledged the presence of Bonnie Bergin, President of the Assistance Dog Institute, and Reverend Sam 'Iharpe of T's Academy and said both parties have signified approval of the cooperative effort and the desire to proceed as reviewed. City Manager Netter responded to Council questions. Discussion followed. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, the above- reviewed site location and general concept of the Assistance Dog Institute and T's Academy on City -owned land, and direction for staff to proceed with developing a lease agreement to finalize the terms and use of said City -owned property for Council's consideration at a later date, was unanimously approved. Establishing Youth Council - update: City Manager Netter shared contents of staff report pertaining to this item as reviewed in the Council Meeting Mkamo. Kenneth R. Roe, 1283 Camino Coronado, expressed appreciation for the past and current joint efforts of Councilmembers toward this effort and shared numerous reasons for encouraging the Council to move forward with conviction and speedy implementation of a Teen Council. Mr. Roe revieuied his background and experience related to same and stressed the importance that there be a liaison from the comnmity as compared to a Councilmember liaison. He said the comrunity liaison should be someone who will be an advocate for implementation and knowledgeable in the development of the Youth Council. Mr. Roe said, personally, he would like to be that person but, more than that, he would like to see implementation of the effort by next school year. He offered to be the liaison, if he could help in this manner, as he felt his experience over the past 20 years should meet the necessary qualifications. Mayor Reilly responded Council would keep Mr. Roe's offer in mind for consideration when this effort has progressed to that stage. Council Comnittee Members Gallagher and Spiro confirmed the joint meeting with the School District was scheduled this coming Thursday evening, March 24th, at 7:00 p.m. It was pointed out that establishing the Youth Rohnert Park City Council Minutes (5) March 22, 1994 Council was an agenda item for this meeting with suggestion that Mr. Roe might also want to attend the meeting because of his interest, as signified. Volunteer Center update /use of City facilities: City Manager Netter shared contents of staff report updating Council on this item, as reviewed in the Council Meeting Memo, including potential use proposals of several City facilities, as signified. Mr. Netter referenced letter dated March 15, 1994 from Karen Johnson, Executive Director of the Volunteer Center of Sonoma County and shared contents confirming the order of preferences for the Rohnert Park branch office and reasons for the first choice being the Maurice Avenue Fire Station. Staff also recommends this location along with proceeding with communications toward the possibility of joint use with Sonoma Life Support, the City's ambulance provider. In addition, the Northern Station could be converted to the COYF Center and the vacated space at the existing COYF Center could be used by the Finance Department and the Senior Center. Upon motion by Councilman Hollingsworth, seconded by Councilwoman. Spiro, to proceed with necessary arrangements for joint use of the Maurice Avenue Fire Station for the Volunteer Center and Sonoma Life Support, as recommended by staff, including the other signified uses of City facilities, was unanimously approved. Burbank Housing /Tower Apartments: City Attorney Flitner explained the resolution for consideration regarding fee simple access to City Water Tank No.1/Well Site No.4 and the eminent domain proceedings for securing immediate possession of the road right -of -way adjacent to the Tower Apartments. He confirmed notices were sent to surrounding property owners and three specified businesses with designated interests. Mr. Flitner said time was allotted on the agenda for affected property owners and businesses to appear and comment on the resolution for consideration. If no one appears to signify objections, Council can proceed with adoption of the resolution authorizing the proceedings as reviewed. Public Mayor Reilly advised public comwnts could be received on this item at Comments approximately 7:29 p.m. No one responded and no affected property owners signified presence at this meeting. Resolution A RESOLUTION OF NECESSITY OF THE CITY OF ROHNERT PARK AUTHORIZING THE No.94 -50 ACQUISITION OF THE REAL PROPERTY DESCRIBED HEREIN TO PROVIDE FEE SIMPLE ACCESS TO CITY WATER TANK NO.1 /WELL SITE NO.4, FOR THE INSTALLATION OF PUBLIC UTILITIES AND PIPES, WATER LINES, SEWER LINES AND OTHER RELATED PUBLIC PURPOSES, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS IN EMINENT DOMAIN TO SECURE IMMEDIATE POSSESSION OF THE PROPERTY, AUTHORIZING THE CITY MV4PBER TO ACCEPT A DEED TO THE PROPERTY AND, IF NECESSARY, AND TO CONCLUDE, ON BEHALF OF THE CITY OF ROHNERT PARK, ALL ACTIONS NECESSARY TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTY Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, signifying that proper findings were made for this action, reading of Resolution No. 94 -50 was waived and said resolution was adopted. Rohnert Park City Council Minutes (6) March 22, 1994 Japanese Garden - Review of plans for Comrunity Center atrium: Mike Grubler of Sistcr Citics Committee and Director of Public Works/ City Engineer Brust reviewed finalized plans on display pertaining to this item. Mr. Brust said if Council finds the proposed plans acceptable, staff recommends Council's approval in order to allow the Sisters Cities Committee to proceed with the pursuit of necessary donations toward development of the Japanese Garden. Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, plans and approval to proceed with the Japanese Garden in the Com mity Center atrium as presented by the Sister Cities Committee, were unanimously approved. Bodway Parkway Extension Assessment District, Project No. 1993 -5: City Manager Netter advised this item would be deferred to the next regular Council meeting of April 12, 1994 with action pending on the award of contract for the road project until receipt of specified funds from Hewlett Packard. RECESS Mayor Reilly declared a recess at approximately 7:33 p.m. RECONVENE Mayor Reilly reconvened the Council meeting at approximately 7:40 p.m. with all Councilmembers present. Planning and Zoning matters: File Ng.1629 - Burbank Housing - General Plan Amendment and Rezoning of a 1.2 acre portion of a 2.5 acre parcel and to rezone the entire parcel for a 20 -24 unit single family apartment project (designed for the special needs of single parents). Subject property is located on northwest corner of Arlen Drive & Santa Alicia Drive in "A" Section. Planning Director Skanchy shared contents of the referenced staff report confirming recomrendation of the Planning Commission for the City Council to proceed with approvals of the General Plan Amendment and Rezoning application as requested. Mr. Skanchy responded to various Council questions and advised that dual public hearings had been duly noticed and scheduled at this time. Discussion included suggestion by Councilman Eck that the top soil from this project be utilized for signified garden sites and /or City landscaping. City Manager Netter responded he would be meeting with representatives of the School District this week and would ask about possibilities of utilizing the top soil for the new garden plan the School District has approved in concept. Public Mayor Reilly opened the public hearing at approximately 7:46 p.m. Hearing There being no one desiring to speak, the public hearing was closed. The following items were approved consecutively by a single motion and signified separately in this record. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AM MING CHAPTER 17 OF THE No. 584 ROHNERT PARK MJNICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE "A" (AGRICULTURAL DISTRICT) TO RM:2000 /PD (MULTIPLE FAMILY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT) DISTRICT (File No. 1629) Upon motion by Councilman. Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, reading of Ordinance No. 584 was waived and said ordinance was introduced. Rohnert Park City Council Minutes (7) March 22, 1994 Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING No.94 -51 THE LAND USE ELE = OF THE ROHNERT PARK GENERAL PLAN FOR THE PROPERTY DESCRIBED HEREIN FROM THE INSTITUTIONAL (CHURCH) DESIGNATION TO THE HIGH DENSITY RESIDENTIAL DESIGNATION (10 -30) DWELLING UNITS PER ACRE Upon motion by Councilman Hollingsworth, seconded by Councilwoman Gallagher, and unanimously approved, reading of Resolution No. 94 -51 was waived and said resolution was adopted. File No.1585 -A- Codding Enterprises - General Plan Amendment and Rezoning of a 6.4 t acre portion of two parcels in order to develop a 172 unit, one bedroom, two story apartment complex. Subject property is located on the south side of Laguna Drive contiguous to the Rancho Feliz Mobile Home Park and 500 ft. west of Redwood Drive. Planning Director Skanchy shared contents of the referenced staff report confirming recommendation of the Planning Commission for the City Council to proceed with approvals of the General Plan Amendment and Rezoning application as requested. Mr. Skanchy responded to various Council questions and advised that dual public hearings had been duly noticed and scheduled at this time. Public Hearing Mayor Reilly opened the public hearing at approximately 7:51 p.m. John Maxwell, 191 Zaragoza, said he was a resident at Rancho Feliz Mobile Home Park which is in the vicinity of the referenced area. He thought Council should be aware of certain conditions in the particular area before making the zoning change. Mr. Maxwell listed several noise factors of the location that might prove, bothersome to new residents of the proposed apartment complex including garbage trucks at 5:30 a.m., transients going through dumpsters between 2:00 a.m. and 3:00 a.m., air conditioning units that run on top of buildings in the summer, diesel trucks running early in the mornings waiting for businesses to open, vehicles using the open stretch of roadway for a drag strip and at time burning rubber, and the noise of a large space heater turning off and on during predawn hours when it is cold, apparently used to warm the cows. Mr. Maxwell said there was also a need for fire protection on the west side of the freeway. If apartments are built on that side of the freeway, Mr. Maxwell recomrended the apartments be designated for seniors. Linda DeBolt, 5701 Davis Circle, expressed concerns about the .7 per unit number of children that might find themselves cut off from the rest of the city in terms of recreational opportunities. Unless these apartments are designated as senior housing, more than likely, children living on the west side will be considered from the wrong side of the tracks and freeway because of all the recreational provisions for those on the east side of the freeway. There is no safe way for children to cross the freeway overpass in order to participate in those activities. Ms. DeBolt shared the example of her own background experience when it was necessary for her and her mother to live in a studio apartment and said the possibility and necessity for others to do so is realistic. She said even though Mr. Codding has signified plans to build a park and bus children to schools,this does not cover all the other entities offered to children on the east side of the freeway and she would hate to see other children being cut off from such opportunities. She respectfully requested Council to consider these concerns very seriously when taking this zoning matter under advisement. Rohnert Park City Council Minutes (8) March 22, 1994 Hugh Codding, 6400 Redwood Drive, responded to the various concerns expressed by the above speakers. To the concerns about the amount of noise from the commercial area, and though Mr. Codding said he is somewhat removed from the mobile home park, the request for the Laguna Apartment project is to change the zoning from commercial to residential. The development of the apartments between the mobile home park and the businesses would become a buffer, so there would actually be less of the described commercial noises for surrounding residents. Regarding traffic concerns, Mr. Codding said traffic is currently light. Certainly, there are a lot of comBercial trucks at Laguna Drive but, again, if the apartment complex is built, it will buffer the diesel truck noise. Development of the apartment complex will certainly be better for this noise factor than more comercial development would be. Mr. Codding further reviewed previous and extensive experience with similar studio and one bedroom apartments in various other areas and said none have been inclined to attract families with children, but have been very desirable and satisfactory for working adults. Tonight is the first time he had heard the noise complaints but every effort would be made to alleviate any such complaints related to the proposed project. W. Codding said one of the biggest problems they had to deal with was youngsters throwing junk over the fence onto their property but he was not here to complain about this type of thing. They were here to ask the Council to approve this project that Codding Enterprises has now worked on very hard for several years and would do their best to alleviate any of the related problems including the proposed plans for construction of another parking lot. Mayor Reilly responded that he thought the first speaker was simply advising of the noise factors residents of the new apartments could expect. He said it was also his understanding that the mobile home parks already have a number of children living on the west side and, therefore, this was not the first time this issue has been mentioned Marie Vinsick, Rancho Feliz Nbbile Home Park, expressed distress over the previous speaker's indication that the west side of the freeway was living on the wrong side of the tracks. She said there was no reason children cannot participate in all that is available in the community, though it may involve more participation on the parts of parents and neighbors, etc. to transport the children to the various programs. She reviewed the number of mobile home parks on the west side and ratio of children involved and made comparisons with her own situation raising a 17 year old. She further compared occasions when students have cut across the back way and knocked down her fence and crushed her roses but, by the samme token, just yesterday they were out picking up the trash that accumulates in the area. She did not think all the trash on the vacant lots comes from the mobile home park buildings but is something the people have to police themselves. Linda DeBolt, 5701 Davis Circle, extended apologies if her comments were taken the wrong way as it was not her intention to imply that the west side was the wrong part of town. She was only referencing terms of amenities available to children that could be taken by some children that those on the east side have more privileges. Some parents have to work until after 6:00 p.m. and would be unable to get their children to the available programs. NIs. DeBolt said her concerns were directed toward those children. Rohnert Park City Council Minutes (9) March 22, 1994 Jake Mackenzie, 1536 Gladstone Way, reviewed previous recommendations in support of the amendment to the General Plan and proposed rezoning including previous neighborhood meetings, General Plan Citizen Advisory meetings and, most recently, on record at the Planning Commission meetings. He reviewed previous discussions related to the matter including irrpacts on the 101 Corridor and the need for housing provisions to meet the needs of those employed by the new cormercial developments on the west side. Mr. Mackenzie signified continued support of the proposed apartments which was also a graphic infill opportunity making use of a piece of land sitting in the middle of the area. He said, for these reasons, he requested Council to vote in favor of the General Plan amendment and rezoning which would also serve toward reserving boundaries until the full and proper General Plan can be reviewed. There being no one further desiring to speak, Mayor Reilly closed the Public Hearing at approximately 8:17 p.m. A motion was made by Councilman Hollingsworth, seconded by Councilwoman Spiro, to proceed with General Plan Amendment and Rezoning approvals of Codding Enterprises File No.1585 -A, as requested. Discussion followed during which Councilman Eck expressed disagreement with above comments by Jake Mackenzie which he thought were inconsis- tent with previous concerns. This project should be done within the language of the upcoming General Plan amendment. Efforts have been made trying not to develop housing on a piecemeal basis. As much as he liked the idea of providing the needed housing for the workers, he still agreed with the effort not to piecemeal. Councilman Eck commended comments in the record of the Planning Commission minutes by Commissioner Branscomb regarding cautions of losing all leverage to guarantee the project for low incomes and some kind of contract for those who live there being those who work there, though the last he heard, there cannot be such restrictions on where people live and work nor necessarily stipulate a low income housing project. Even so, Councilman Eck thought rezoning is still inconsistent because of amenities being in a holding zone and very little has been done yet toward such provisions. Now, of course, even the mobile home parks are in rent control litigations and, even though the proposed apartment project is a very attractive one with the neighborhood concept, it should be held over and decisions not made prior to the General Plan Update. If the rezoning is done now, the City will be stuck with the architectural review holding up the project. Councilman Eck said he thought the EIR pointed out the issues very clearly and it was his intention to vote no until he could see inclusion in the General Plan procedures. Councilwoman Gallagher complimented the rare opportunity of a privgte builder offering to do this kind of affordable housing project without tax dollars. Ms. Gallagher related to housing needs and said a maximum of 20% to 50% of the population are of medium incomes from $170 to $320 per week. Since $400 per month for housing meets the description of affordable housing in the State of California, this project is a rare opportunity. She signified support of the motion to proceed with approvals as requested. Rohnert Park City Council Minutes (10) March 22, 1994 Mayor Reilly said he agreed with Councilman Eck's comrents that all the loop holes are not filled related to this matter. Councilman Hollingsworth clarified that tonight's action was not approving the project, but was giving consideration to the General Plan amendment and rezoning. He requested a roll call vote. The following items were approved consecutively by a single motion and signified separately in this record. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE No. 585 ROHNERT PARK M- VICIPAL CODE, TO REZONE THE PROPERTY DESCRIBED IN THIS ORDINANCE FROM THE CR:PD (REGIONAL CONVERCIAL PUD) DISTRICT TO RM:1500 PD (MULTIPLE FAMILY/RESIDENTIAL /PLANNED UNIT DEVELOPMENT') DISTRICT (File No. 1585 -A) Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, reading of Ordinance No. 584 was waived and said ordinance was introduced by the following roll call vote: AYES: (3) Councilmembers Gallagher, Hollingsworth and Spiro NOES: (2) Councilman Eck and Mayor Reilly ABSENT: (0) None Resolution A RESOLUTION OF THE CITY COLUCIL OF THE CITY OF ROHNERT PARK AMENDING No.94 -51 THE LAND USE ELE Tf OF THE ROHNERT PARK GENERAL PLAN FOR THE PROPERTY DESCRIBED HEREIN FROM THE REGIONAL CONMMCIAL HIGH DENSITY RESIDENTIAL (10 TO 30 DWELLING UNITS PER ACRE) (File No. 1585 -A) Upon motion by Councilman Hollingsworth, seconded by Councilwoman Spiro, reading of Resolution No. 94 -52 was waived and said resolution was adopted by the following roll call vote: AYES: (3) Councilmembers Gallagher, Hollingsworth and Spiro NOES: (2) Councilman Eck and Mayor Reilly ABSENT: (0) None Discussion included suggestion that diesel trucks change early morning parking from the back of the businesses to the front of the buildings when waiting for the businesses to open. David Codding of Codding Enterprises, said every effort would be made on their part to deal with the concerns expressed during tonight's public hearing and particularly related to the project. Rohnert Park City Council Minutes (11) March 22, 1994 The New Brown Act: City Attorney Flitner referenced workshop hand out on the new Brown Act provided by Liebert, Cassidy & Frierson and confirmed City Manager's suggestion to hold a Council workshop for a more detailed review of this item. Mr. Flitner highlighted a few of the changes such as a change in the definition of a body, where meetings are to be held, certain agenda changes and rules governing closed sessions. He pointed out that Rohnert Park will continue to strictly follow the Brown Act and the enforcement date of the new changes will be April 1st, 1994. These changes need to be reviewed very carefully. The above - referenced handout seems to adequately cover the information. Council concurred to schedule the workshop for the new Brown Act at for the first half hour of the next Council meeting of April 12, 1994 beginning at 6:00 p.m. or, if the agenda is too lengthy, at the Mayor's discretion, the work shop should start at 5:30 p.m. for half an hour prior to the April 12th Council meeting. Sonoma County Waste Management Plan & Siting Element - Final Draft and Draft Program Environmental Impact Report (EIR): Assistant City Nanager Leivo shared contents of staff report provided to Council with attached summaries pertaining to this item. He confirmed the public comment period on the Draft Environmental Impact Report has begun and will end on March 25, 1994. The Sonoma County Planning Commission and Board of Supervisors will hold public hearings, review and certify the EIR. The adopted CoIWNP will be submitted to the California Integrated Waste Management Board which mist also approve the plan. A draft of the CoIWNP was submitted to the state staff which has indicated that the Sonoma County I%W is consistent with law. Mr. Leivo responded to the Mayor's inquiry that this report was provided to Council for informational purposes. Boxing Program update: City Manager Netter said staff is in the process of working with Herb Cody of the Martial Arts Center on the development of the "Community Boxing Center" boxing program, as reviewed in the Council Meeting Memo. He said Mr. Cody is in the process of being certified which is necessary in order to be sanctioned by the U. S. Amateur Boxing Operations. City Manager Netter further reviewed the details involved with this procedure as well as third party insurance coverage responsibilities of the City. Staff is working with Mir. Cody on the certification and the three (3) week time period for this process will not affect the program. W. Netter responded to Council questions and said consideration of the boxing agreement with resolution approving same would be deferred to the next Council agenda. Town Hall Meeting - G & H Neighborhoods, April 28, 1994, 7:00 -9:00 p.m., Goldridge Elementary School - Milti Use Room, 1455 Golf Course Drive - City Manager Netter said a draft agenda for the referenced Town Hall meeting was provided to Council for its review and /or changes. As pre- viously requested by Council, the topics are of a more generic nature and, pending Council's approval, will be distributed to citizens in the G and H sections of Rohnert Park. Rohnert Park City Council Minutes (12) March 22, 1994 Discussion included comments from Councilman Eck recommending a more pro- active format for Council involvement since it has the bottom line responsibility as the policy makers. A much better sense of direction would be established by providing a time frame for citizen input followed by a specific time set for Council responses to the concerns. Council agreed including the more generic approach of discussion topics; signifying the importance of listening to all citizens desiring to speak prior to answering questions; and with further acknowledgment that the Mayor should be in control of the response time which, if requested by Council, would include staff responses. City Manager Netter responded to additional Council questions regarding follow -up actions and directives from the previous C Section Town Hall meeting and procedures for the Neighborhood Watch program. Council Committee reports: 1. Golf Course Committee (Hollingsworth /Spiro) - Councilman Hollingsworth said the Golf Course Committee and staff met with citizens last Thursday, March 17th, to discuss golf course concerns. He explained that Mark Flowers of Mountain Shadows Golf Resort was unable to due to an emergency appendectomy. He suggested an appropriate card be sent to Mr. Flowers 2. 101 Corridor Action Plan - Councilman Eck reviewed efforts to convince Metropol- itan Transportation Commission (MTC) of the interim 101 Corridor Action Plan that has been approved by every city in the County. He explained that MII'C is now holding hostage $80 million and the approval of this plan might release those funds back into positive action. Therefore, for Council's information, it might start hearing about the 101 Corridor Action Plan again. Corm-unications- Communication per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1. City Manager Netter referenced item #1 of communications and said the Boys & Girls Club Grand opening a 435 .Civet .Vvest 3AVd. ham been scheduled for Wednesday, March 30, 1994 at 4:30 p.m. for special friends and 5:00 p.m. for the public. 2. City Manager Netter referenced item #10 of comnanications regarding the amity of Ukiah requesting support of nomination to the City Seat on the Northern California Railroad Authori +.y (NCRA) Board of Directors. Another letter from NCRA regarding this opening is forthcoming on the next Council agenda. 3. City Manager Netter referenced item #12 of communications from the Superior Court regarding efforts for non - violence day project on Friday, May 20th, 1994. Meetings are coming up regarding programs related to this program. Rohnert Park City Council Minutes (13) March 22, 1994 City Manager's report: 1. Community Center /Snyder Lane driveway - cost of curb returns only vs. widening - City Manager Netter referred to Council conclusion at its previous meeting that the $40,000 figure for this driveway widening was excessive and recommended pursuit of an alternative course of action. Director of Public Works /City Engineer Brust reviewed the proposed phased program that would create the two lanes needed until the future work is done on Snyder Lane. This could be done with gas tax funds and would amount to approximately $7,000 to $8,000 for the first stage. A motion was made by Councilman Eck, seconded by Councilwoman Spiro, and unanimously approved, to proceed with stage 1 of the Community Center /Snyder Lane driveway project, as recommended by staff, in the approximate amount of $7,000 to $8,0000. 2. PRIM Annual Conference, May 15 -18, 1994 - City Manager Netter advised that he and Finance Director Harrow would be attending this conference. Council concurred. 3. P.G.& E. Quarterly Outage Reports - City Manager Netter reviewed previous request of Council for these reports. P.G.&E has questioned the continued necessity and has requested Council concurrence to eliminate the reports. Council concurred. Councilwoman Spiro recommended a discussing a similar procedure with Pacific Bell with efforts toward customer relations because of recent resident concerns regarding cabling problems. Council agreed. 4. Multi Agency Gang Enforcement Team - City Manager Netter referenced staff report provided to Council signifying support of the referenced countywide program formalized on March 14, 1994. 5. Boy & Girl Scouts Government Day - City Manager Netter said representation of this day has been scheduled on the next City Council meeting of April 12th, 1994 via the annual Mock City Council Meeting of the Scouts. 6. Traffic Signals /funding - City Manager Netter and City Engineer Brust explained procedures for funding of traffic signals dealing with Caltrans through the ISTEA program along with MTC and federal government released funds. This has not moved as quickly as the City had hoped but plans for approval are in the works that should enable going to bid in the near future. It is just part of the cumbersome bureaucracy. City Attorney's report: 1. Language revisions re. Ordinance 494 amendments for June ballot measure (Geneva Tent letter request) - City Attorney Flitner shared contents of his memorandum responding to this item confirming that he saw no problem with regard to the proposed changes to Sections 11, 12 and 13 of Ordinance 494 submitted by Mrs. Trent for placement on the ballot. W. Flitner thought a benefit would accrue to all parties if Section 14 Amendment were revised as follows: The provisions of this measure may be amended or repealed by the Rohnert Park City Council after consideration by and recommendation from the Rohnert Park Rent Appeals Board. City Attorney Flitner further explained that this would give the Rohnert Park City Council greater flexibility in dealing with changes in the law either by court decision or by the state legislature. Rohnert Park City Council Minutes (14) Nbrch 22, 1994 Mr. Flitner said he thought, if the tenants want greater protection and assurance, the ordinance could state that any proposed amendment would require a 4 /5ths vote of the City Council. City Attorney responded to Council questions. Discussion included Council comments regarding the need to make sure the mobile home park residents are satisfied with the wording; confirmation that the deadline had already passed for June 1994 ballot measures; and that public hearings could be duly noticed and scheduled for consideration of these amendments for the designated timeline of the November 1994 ballot. City Attorney confirmed he would prepare final wording and submit to City Council for approval. 2. Proposed Price Gouging Ordinance - City Attorney Flitner shared contents of his memorandum regarding the referenced item concluding in his recommendation that Council may want to adopt a wait- and -see attitude for the time being due to pending legislation. Council agreed. 3. Customer Company v. City of Sacramento request for amicus support - City Attorney Flitner shared contents of his memorandum reviewing the referenced amicus request from the City of Sacramento related to a case involving the use of tear gas by the Police Department and resulting lawsuit. The broad issue is whether the cost of law enforcement responses in emergency situations, using the theory of recovery under inverse condemnation, should be borne by the entire conTninity of the persons who sustained the damages. The City of Sacramento believes the answer is that the community should not bear the risk and cites terrorist, hostage, restraint and office mass shootings, etc. If Council agrees with Sacramento, it should authorize adding the City's name to the brief at no cost to the City. City Attorney responded to Council questions that inference was made to insurance claims and store owner damages. Councilman Hollingsworth signified a conflict of interest as representative of a large insurance company. Councilwoman Spiro signified she would also be abstaining because of the reference to store owner damages. A motion was made by Councilman Eck, seconded by Mayor Reilly, with Councilmember Hollingsworth and Spiro abstaining, to support the above - reviewed amicus brief with the City of Sacramento, was approved. 4. Coleman Persily, District Manager of Golden State Mobile Home Owners Assn. request for amicus support in Hillsborough case - City Attorney Flitner reviewed the referenced request and petition in process related to passing through capital improvements. Mr. Flitner said this request merely upholds earlier direction and, if Council desires, he would respond by letter signifying support accordingly. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, directing letter response by City Attorney signifying amicus support of the above - referenced Hillsborough case, as requested. Discussion followed during which Coleman Persily of Golden State Nbbile Home Owners Assn. confirmed their intention to assist with this effort whenever and wherever possible. He responded to Council inquiry that the above amicus support letter is all that is needed at this time which has also been requested of numerous other cities. Rohnert Park City Council Minutes (15) March 22, 1994 Vatters from/for Council: 1. Joint Meeting with SSU President & staff (SSU host) - Council recommended setting the date for this joint meeting on Tuesday, April 5th, 1994. 2. 2x2 Meeting with City of Cotati (sewer contract) - Council concurred to set the time and date for this meeting here in the conference room on Thursday, March 24th, 1994 at 5:00 p.m. with suggestion to begin at 4:00 p.m., if possible. Discussion included Councilwoman Gallagher signifying her desire to attend this meeting. City Manager responded to Council inquiry that agenda notices of Committee meetings, as well as regular meeting agendas, have been properly posted prior to scheduled meetings. Councilman Hollingsworth recommended letting Cotati know three members of the Rohnert Park Council may be attending the 2x2 meeting and if Cotati disapproves, then only the qualified Council Committee Members should attend the meeting. 3. League of Calif.Cities North Bay Division, riverboat cruise down Petaluma River, Sternwheeler Petaluma Queen, 4:00 p.m., Sunday, April 17, 1994 - City Manager Netter said the referenced riverboat cruise was scheduled as signified. 4. Mayors & Council Members Institute in Sacramento, May 11 -13, 1994 - City Manager Netter said material for this item was provided to Council for informational purposes. S. A -Frame Signs - Councilman Eck said he has noticed A -frame signs particularly in the Southwest Boulevard Shopping Center. The City either needs to review and change the sign ordinance to allow for the A- frames, which seem to be getting larger, or advise people that the A- frames are in violation of the City ordinance and ask that the signs be removed. 6. General Plan process - Councilman Eck referenced Planning Commission minutes related to the General Plan process and expressed concerns about the need to move forward for clarity in the next budget cycle. He said he would like to see efforts toward moving the draft General Plan up so Council can assign a blue ribbon task force for at least some of the elements. Assistant City Manager Leivo responded to Council inquiry regarding the possibility of reviewing and setting up one element at at time that the effort has to be consistent in identifying all the elements throughout the document and it really should come to Council as a whole. Mr. Leivo said the Planning Commission is not at a stalemate but has begun the process of going through each element. The Planning Commission has gone through each element at least once and has taken public comnents twice. Discussion concluded in Council direction to request the Planning Commission Chairperson to prepare a report updating Council on the progress of the General Plan process and proposed time table. 7. Councilwoman Gallagher listed several items, some of which she said might be necessary to place on the next meeting agenda as follows: 1) update on the progress of live broadcasting of Council meetings; 2) status regarding updated Code of Ethics; 3) advance abbreviated or draft agenda notices in the local newspaper; 4) as Council liaison, requested timely notification of Gang Task Force meetings; Rohnert Park City Council Minutes (16) March 22, 1994 5) and, lastly, Ms. Gallagher expressed concern about a call she received regarding seeing the City Manager, City Attorney and former City Imager visiting together at the County offices. She asked why was someone who is no longer the City Manager of this City doing business with paid employees and what were they doing at the County offices together. Mayor Reilly asked if the former City Manager was to be treated differently than any other private citizen. He asked if the question raised would be asked of any other citizen and, if not, Council has no business asking the question regardless of w?nether it was City business or other matters. But, if the question is raised because it was the former City Manager then you had better come up with a little more information if you are saying that the City Manager and the City Attorney cannot see of visit with him. If that is what you are saying, then all former employees of the City are ineligible to meet with any citizens of Rohnert Park. Councilwoman Gallagher responded no but she thought this information would serve the public interests. Unscheduled Public Mayor Reilly asked if anyone in the audience wished to make an Appearances appearance at this time. Marie Vinsick of Rancho Feliz Mobile Home Park, said the Rancho Feliz Resident Association, representing the five mobile home parks, met on March 20th, 1994 at the Methodist Church to discuss the proposed language revisions for Ordinance 494 as reviewed above by City Attorney Flitner. She said the majority of the group is behind the changes recommended by the City Attorney. She expressed concern about the possible confusion to the uninformed public if the mobile home park owners qualify for their initiative on the November ballot and the mobile home residents have their local measure 494 on the same ballot. She asked if there were some way to speed the effort along to qualify for the June 1994 ballot. Mayor Reilly responded that the deadline has already passed for the June ballot, therefore, efforts will have to be made to use the educational process for clarity of understanding on the November ballot. Jake Mackenzie, 1536 Gladstone Way, said he would like to make a brief statement on the debate regarding the progress of the General Plan process. He reviewed the background of his participation in the procedure as a citizen of Rohnert Park. W. Mackenzie said he fully supported Council's idea to ask the Planning Commission Chairperson for a report on the progress. He believed there has been a very major work constituted by the Advisory Committee that was sunset last June with referral of the effort to the Planning Commission to proceed sufficiently with the assignment. Adjournment Mayor Reilly adjourned the meeting at approximately 9:29 p.m. to Tuesday, April 5, 1994 at 6:00 p.m. for Joint Meeting with Sonoma State University President and Cabinet at the University Club of the Comtnns Building, SSU Campus. Deputy City Clerk jh Mayor CONM LAITY DEVELOPNENT AGENCY OF THE CITY OF ROHNERT PARK MINUTES March 22, 1994 The Members of the Conn-unity Development Agency of the City of Rohnert Park net this date immediately after the City Council meeting at approximately 9:29 p.m. in the City Offices, 6750 Commerce Blvd., Rohnert Park, with Chairman Reilly presiding. Call to Order - Chairman Reilly called the meeting to order at about 9:29 p.m. Roll Call Present: (5) Agency Members Eck, Gallagher, Hollingsworth, Spiro and Chairperson Reilly Absent: (0) None Staff present for all or part of the meeting: Executive Director/ City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo and Director of Public Works /City Engineer Brust. Approval Upon motion by Agency Member Eck, seconded by Agency Member Spiro, of with Agency umbers Gallagher and Hollingsworth abstaining due to Minutes absence from the meeting, the minutes of March 8, 1994 were approved as submitted. Approval Upon motion by Agency Member Gallagher, seconded by Agency of Member Hollingsworth, the bills presented per attached list in the Bills amount of $36,484.67 were unanimously approved. Ack.Exec.Dir. The Executive Director /Secretary's report on the posting of the Sec.report agenda was acknowledged. Unscheduled Chairman Reilly stated that in compliance with State Law, (The Public Brown Act), anyone in the audience who wished to make a comment Appearances may do so at this time. No one responded. Resolution A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF N420NII No. 94-03 NUMBER TWO TO THE AGREEMENT BY AND BETWEEN PETALUMA PEOPLE SERVICES CENTER AND THE COWUNITY DEVELOPMENT AGENCY OF THE CITY OF ROHNERT PARK TO PROVIDE HOMELESS PREVENTION SERVICES FOR RESIDENTS OF THE CITY OF ROHNERT PARK Executive Director Netter explained the resolution as reviewed in the staff report provided to Agency Members. He said Ron Kirtley, Executive Director of Petaluma People Services Center, was present at this meeting and available to respond to Agency questions. Upon motion by Agency Member Hollingsworth, seconded by Agency Member Spiro, and unanimously approved, reading of Resolution No. 94 -03 was waived and said resolution was adopted. Matters from Agency Members: Agency Member Eck referenced page 35 of the handout for the New Brown Act and said this section was regarding the attendance of three or more members at meetings. Adjournment Chairman Reilly adjourned the meeting at approximately 9:33 p.m. Deputy Secretary Chairperson