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1990/08/14 City Council MinutesRohnert Park City Council Minutes Auqust 14, 1990 4:00 p.m. The Council of the City of Rohnert Park met this date in special session at 4:00 p.m. at the City Offices, 6750 Commerce Blvd., Rohnert Park, CA, with Mayor Hollingsworth presiding. Call to Order Mayor Hollingsworth called the special meeting to order at approximately 4:05 p.m. Roll Call Present: (4) Councilmembers Cochran, Eck, Spiro and Hollingsworth Absent: (1) Councilmember Hopkins Staff present for all or part of the meeting: City Manager Callinan, Finance Director Harrow, Assistant to the City Manager Leivo, and Director of Public Works Brust. Others present: Mike McCoy, reporter with Santa Rosa Press Democrat; Judy Golan, Sonoma County Visitors and Convention Bureau; and Cecelia Belle, Sonoma County AIDE. Proposed City Manager Callinan distributed a document entitled "1990 -91 1990 -91 Budget- Changes in Proposed Budget" prepared by Finance Director City Budget Harrow. City Manager Callinan reviewed the proposed changes in detail with the Council. Discussion was held concerning the Rohnert Park Chamber of Commerce's request for financial assistance. Councilman Eck advised that he and City Manager Callinan had met with Chamber representatives and the Chamber has modified its request to $36,000 annually and that he and the City Manager would recommend that that amount be funded to the Chamber conditioned on the Chamber using it to ensure it has a professional staff and to ensure the continued placement of the holiday lights on the Expressway. The Council indicated support for the program worked out by Councilman Eck with the Chamber of Commerce. Discussion was held concerning the request of Sonoma County AIDE for financial support. The Council requested that financial data be obtained from the organization concerning its operations. Discussion was held concerning the request of Sonoma County Storytelling for financial support. By consensus the Council indicated support for a $1200.00 contribution to the organization. Rohnert Park City Council Minutes Aug. 14, 1990 4:00 p.ff Discussion was held concerning the Sonoma County Arts Council request for financial support. By consensus of the Council it was agreed that the City would provide $3500.00 in financial support. Discussion was held concerning the request of the Sonoma County Visitors and Convention Bureau for financial support for community promotions. Judy Golan of the Bureau was present and participated in the discussion with the Council. City Manager Callinan Bureau eventually be and indicated he is this year compared to City last year. Discussion followed. indicated that staff recommended that the weaned from the City's financial support recommending only a $50,000 contribution the $150,000 given to the Bureau by the Upon motion by Councilman Cochran, seconded by Councilman Eck, and approved by the following vote, the Council indicated that the City would provide $50,000 for promotion to the Sonoma County Visitors and Convention Bureau during fiscal year 1990- 91: AYES: (3) Councilmembers Cochran, Eck and Hollingsworth NOES: (1) Councilmember Spiro ABSENT: (1) Councilmember Hopkins A discussion was held concerning the request of Sonoma County AIDE for a financial contribution. City Manager Callinan indicated that even though the organization requested $15,000, he is recommending a contribution of only $10,000 with the understanding that the City can review the operation and the organization reviews its needs and if the funds were needed later and are justified the organization could approach the City during the fiscal year for additional funds. He indicated he had checked out the organization and stated that it will be partially funded by the School District and will work hand in hand with the ne— CvY operation being set up by the City. Cecelia Belle of the organization was present. The Council indicated agreement with the recommendation for a $10,000 contribution for which Ms. Belle expressed appreciation. Mayor Hollingsworth indicated he would like to do away with the "Rent A Cop Program" under which the City uses security services to police the parks and provide an additional Public Safety Officer to the Department of Public Safety in order to better police the parks. Discussion followed upon conclusion of which the Council indicated that rather than endorsing Mayor Hollingsworth's suggestion the Council would request a report from the Department of Public Safety concerning the safety of the parks. 2 Aug. 14, 1990 Rohnert Park City Council Minutes 4:00 p.m. The hazardous materials operation was discussed. The Council requested a report on the hazardous materials cleanup situation. Mayor Hollingsworth initiated a discussion concerning the City Manager's posted salary on page 5 in the proposed city budget. He indicated that this would not be the salary that the City would pay the individual who replaces City Manager Callinan when he leaves at the end of the year. Finance Director Harrow indicated that that was the City Manager's salary as of July 1 but that the budget did not provide for that full salary during the course of the year and that it is anticipated that City Manager Callinan's replacement will receive a somewhat lesser salary. Discussion was held concerning page 19 and following in the proposed budget. The Council indicated the percentage change for the individual departments should be shown as done in prior years rather than just the percentage change for the major categories. Councilmember Spiro initiated a discussion concerning the proposed budget reduction for the Community Outreach for Youth and Families program from what was provided last year. City Manager Callinan indicated that these were the funds staff thinks the operation will need to operate; however, since the operation is new and uncertain how it will proceed, if additional funds are needed during the course of the year that he would recommend that the Council approve same. Discussion was held concerning the profit and loss statement for the Performing Arts Theatre and the projected deficit contained therein. Discussion was held concerning the Capital Outlay Funds, Open Space funds. Mayor Hollingsworth suggested that the City undertake a program so that the community separator area to the immediate north of the city and its golf course along the freeway be acquired by the City and made into a permanent park that would serve not only Rohnert Park residents but the residents of the entire area. He indicated that he was referring to the Pieroni parcel. City Manager Callinan indicated that efforts will be made to contact Mrs. Pieroni and her representative concerning the possible sale of the property to the City. Mayor Hollingsworth initiated a discussion with City Engineer Brust concerning the water that the City takes from the County aqueduct vis a vis having the city wells in operation. Mayor Hollingsworth initiated a discussion concerning the high cost of the smog machine in the budget ($19,000) and wondered whether or not it pays to purchase such an expensive machine; 3 Aug. 14, 1990 Rohnert Park City Council Minutes 4:00 p.m. that is, will its cost be amortized over a reasonable period of time or will the machine have to be replaced, and /or would it not be less expensive to have the vehicle smog checks performed by a commercial operation. City Manager indicated that staff would review the matter before the machine is purchased. The Council concluded its work session on the 1990 -91 City budget acknowledging that the budget is on tonight's meeting agenda for public hearing and formal consideration. Adjournment: The special meeting was adjourned at approximately 5:20 p.m. so that the Council could meet in closed session with City Attorney Flitner concerning the Mobile Home Park Rent Control lawsuit. City (Manager /C ,erk 4 , /c Mayor Rohnert Park City Council Minutes August 14, 1990 The Council of the City of Rohnert Park mt this date in regular session comiencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO ORDER Mayor Hollingsworth called the regular session to order at approximately 7:00 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that an special meeting convened at 4:00 p.m. today for a work session on the proposed 1990 -91 City budget. He also advised that a closed session commenced immediately following the budget work session to discuss litigation regarding the rent control matter and said there was nothing to report at this time. ROLL Cam• Present: (4) Councilmembers Cochran, Eck, Spiro and Mayor Hollingsworth Absent: (1) Councilman Hopkins (Attending ABAG conference) Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner (arrival time noted in these minutes), Planning Director Skanchy, City Engineer Brust, Director of Administrative Services /Assistant to the City Manager Netter, Assistant to the City Manager Leivo, and Finance Director Harrow. Approval of Minutes Upon motion by Councilman Cochran, seconded by Mayor Hollingsworth, the 4:00 p.m. minutes of July 24, 1990 were approved by the following vote: AYES: (2) Councilmembers Cochran and Hollingsworth NOES: (0) None ABSTAIN: (2) Councilmembers Eck and Spiro ABSENT: (1) Councilman Hopkins Upon motion by Councilman Cochran, seconded by Councilman Eck, the 7:00 p.m. minutes of July 24, 1990 were approved by the following vote: AYES: (3) Councilmembers Eck, Cochran, and Hollingsworth NOES: (0) None ABSTAIN: (1) Councilmember Spiro ABSENT: (1) Councilman Hopkins Rohnert Park City Council Minutes (2) August 14, 1990 Approval of Bills Upon motion by Councilman Cochran, seconded by Councilmember Spiro, and unanimously approved, the bills presented per the attached list in the amount of $1,297,819.85 were approved. CDA bills presented per the attached list in the amount of $328,534.46 were also approved. Non- agendaed Mayor Hollingsworth queried if any Councilmember had any I-Utters non - agendaed items to add to the agenda. Councilman Eck said he would like to report on the recent Mayors' and Councilmembers' meeting that he attended for the Mayor. Uhscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Browxi Act), anyone in the audience who wished to make a comment may do so at this time. Linda Branscamb Linda Branscomb, 21 Anne, distributed copies to Council of her letter expressing support of planting trees along Commerce Boulevard and the 101 corridor and shared the contents therein (copy attached to original set of these minutes). Jake Nhckenzie Jake Mackenzie, 1536 Gladstone Way, referenced City Manager's report, item No. 3, on tonight's agenda regarding the Golis Park tennis/handball practice wall. He said the previous meeting's minutes reflected that consideration was given to cement walls to deaden the sound of tennis balls hitting the current wooden wall versus tonight's recommendated of removing the well and replacing it with nets. He said an individual needs a solid wall to practice tennis and suggested Council consider the earlier recommendation of using cement rather than nets. Mr. Mackenzie also said the drainage problem at this location has still not been corrected and suggested taking a look at the drainage patterns at the same time. Sandy bbttard Sandy Nbttard, 7259 Adrian, representing the Soroptimist Club of Rohnert Park, referenced copy provided to Council of her letter dated August 10, 1990, requesting a waiver of section 0.66.180 of the bingo by -laws that states bingo games are to be conducted on the permit holder's property. She said the Soroptimist Club, who is a valid Bingo License holder with the City, would like to hold a special fundraising event at the Red Lion Inn for Rohnert Park's local chapter of the Muscular Dystrophy Association in conjunction with NDA's Labor Day Telethon on September 2nd and 3rd. Discussion followed during which Council concluded it would be necessary to defer this request to Natters from Council later tonight in order to obtain the City Attorney's opinion, who was expected to arrive shortly, since the bingo by -laws were established according to State law. Rohnert Park City Council Minutes (3) August 14, 1990 C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Mseting's Nunn. Councilmember Spiro requested that Resolution Nos. 90 -177 and 90 -180 be rer►mved from the Consent Calendar. Council concurred. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -172 A RESOLUTION OF THE CCUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIMS OF NY�RTY JOSEPH MARTINS Resolution No. 90 -173 A RESOLUTION AWARDING CONTRACT (For Kitchen Equipment for the Codding Center) Resolution No. 90 -174 A RESOLUTION AWARDING CONTRACT (For Furniture and Fixtures for the Codding Center) Resolution No. 90 -175 A RESOLUTION AWARDING CONTRACT (For Miscellaneous Trees for the Urban Forestry Program) Resolution No. 90 -176 A RESOLUTION OF AWARD OF CONTRACT OVERLAYS & RECONSTRUCTION - 1990, PROJECT NO. 1990 -4 Resolution No. 90 -178 RESOLUTION CALLING FOR SEALED PROPOSALS, "R" SECTION NEIGHBORHOOD PARK, PROJECT NO. 1989 -15 Resolution No. 90 -179 RESOLUTION CALLING FOR SEALED PROPOSALS, "A" POOL MODIFICATIONS, PROJECT NO. 1988 -22 Resolution No. 90 -181 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE CITY OF ROHNERT PARK GOLF COURSE CORPORATION TO GRANT CERTAIN EASEMENTS TO PACIFIC GAS & ELECTRIC COMPANY Resolution No. 90 -182 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, ROOF FOR ROHNERT PARK STADIUM, PROJECT NO. 1989 -2 Rohnert Park City Council Minutes (4) August 14, 1990 Resolution No. A RESOLUTION APPROVING AN APPLICATION FOR THE CALIFORNIA 90 -183 HEALTHY CITIES PROJECT AND AUTHORIZING THE CITY MiNNAGER TO EXECUTE THE SAME Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, except for the removal of Resolution Nos. 90 -177 and 90 -180, the Consent Calendar as outlined on the meeting's agenda was approved. Councilmember Spiro referenced Resolution No. 90 -177 and asked when the landscaping plans around Roberts Lake Road were approved to which Council confirmed this was done recently while Councilmember Spiro was on vacation. Councilmember Spiro referenced Resolution No. 90 -180 and asked if this project covered the complete roof for all groups involved at the Codding Center building to which City Manager Callinan confirmed that it did. Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS, ROBERTS LAKE PARK, 90 -177 PROJECT NO. 1990 -3 Resolution No. RESOLUTION CALLING FOR SEALED PROPOSALS TO REMOVE, REBUILD 90 -180 AND REPLACE THE ROOF OF THE CODDING CENTER BUILDING Upon motion by Councilmember Spiro, seconded by Councilman Eck, and unanimously approved, Resolution Nos. 90 -177 and 90 -180 were adopted. Scheduled Public In the absence of Marty Martins, Coddingtown P. O. Box Appearance: 12231, Santa Rosa, City Manager Callinan explained that Mt% Marty Martins Martins spoke at the last Council meeting and had requested time on tonight's agenda to again appear before the Council to discuss his alleged detainment by the Department of Public Safety personnel. A copy was provided to Council of the report from the arresting officer concerning the time schedule involved in the detainment. Confirmation was given that said claims were rejected on tonight's Consent Calendar and referred to REMIF for handling. Resolution No. A RESOLUTION EXPRESSING OPPOSITION TO ANY RESTRICTION OR 90 -184 ELIMINATION OF THE FEDERAL TAX DEDUCTION FOR STATE AND LOCAL INCOME AND PROPERTY TAXES City Manager explained the resolution. Upon motion by Councilman Eck, seconded by Councilmember Spiro, and unanimously approved, the reading of Resolution No. 90 -184 was waived and said resolution was adopted. Rohnert Park City Council Minutes (5) Resolution No. A RESOLUTION ACCEPTING GRANT 90 -185 (for parcel on Redwood Drive the Performing Arts Center) Planning & Zoning August 14, 1990 DEED FROM CODDING ENTERPRISES as gift to Endowment Fund for City Manager Callinan explained the resolution. Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 90 -185 was waived and said resolution was adopted with agreement to amend motion to include authorization for City Manager and City Attorney to execute necessary IRS documents to report said gift. File No. 1352 City Manager Callinan explained that the City Attorney had advised the Planning Commission not to take action on File No. 1352 - Kelly -Nbore Paint Company, and since he had not yet arrived at tonight's meeting, asked if Council preferred to wait until his arrival. Council concurred with approval acknowledged by representatives of Kelly -Nbore Paint Company who were present in the audience. File No. 1168 Planning Director Skanchy referenced plans on display and explained that copies had been provided to Council of staff report regarding File No. 1168 - Scandia Family Fun Center, Redwood Drive, application for architectural review for detached sign program and shared contents therein. The Planning Commission has approved the program and has referred it to Council for review in accordance with the Council policy to review all development along the U. S. 101 Freeway frontage. A motion was made by Councilmember Spiro, seconded by Councilman Cochran, and unanimously approved, to approve the application of File No. 1168 for a detached sign program based on revised plan as approved by Planning Commission. RIBS Mayor Hollingsworth declared a recess at approximately 7:30 p.m. in the interim of awaiting City Attorney's arrival expected at any moment to review Council questions for City Attorney on documents regarding File No. 1300 - Northwest Rohnert Park Draft Supplemental Environmental Impact Report. RE)OONVENE Mayor Hollingsworth reconvened the meeting at approximately Arrival of City 7:45 p.m. with the arrival of City Attorney Flitner and all Attorney Flitner Councilmembers present except Councilman Hopkins. File No. 1352 Planning Director Skanchy referenced plans on display regarding File No. 1352 - Kelly Nbore Paint Company appeal of Planning Commission deferral of action on proposed retail facility at 480 Rohnert Park Express (corner of Labath Ave.) Rohnert Park City Council Minutes (6) August 14, 1990 He explained that copies had been provided to Council of letter dated July 20, 1990 from Kelly -Wore Paint Company, letter dated July 27, 1990 from Jeffrey A. Turner, Attorney for Kelly -Wrre Paint Company, and recent staff report regarding this matter and shared the contents therein. City Attorney Flitner explained his recommendation to the Planning Commission to deny this application without prejudice pending certification of the Environmental Impact Report being done for the Expressway Mall area. He said certain small projects could be considered exempt and Council might want to overrule his opinion if it feels this project could be within the exemption category as that finding might prevail. However, as in the Nansay Corp. lawsuit, City Attorney Flitner felt his opinion regarding Kelly -Wore Paint Company was in line with the Judge's ruling. Discussion followed. Herbert Giffins, Vice President -Store Operations of Kelly- Wore Paint Company, 987 Commercial Street, San Carlos, Ca., reviewed contents of his above- referenced letter dated July 20, 1990. He said Attorney Jeffrey Turner had been working with City Attorney Flitner regarding this matter and the complexities because of the Sierra Club lawsuit and pending EIR are very understandable, but felt the Kelly -Wore Paint Company's project falls out of the parameter as described which is the reason for appealing the decision of the Planning Commission. Jeffrey Turner, Attorney for Kelly -Wore Paint Company, 18 Crow Canyon Court, San Ramon, Calif., referenced his above- rrentioned letter dated July 27th, 1990 and shared the contents therein regarding the logic for Council to approve Kelly- Wore's modest project for a 12,000 square foot retail store. He did not feel this approval would be violating the Court's Order because it does not represent a "significant development project" as specified on page 2, paragraph 3 of aatu evens if it Ulu, the same paragraph would appear to have been satisfied by the City's proper enactment of a General Plan. Discussion followed during which it was confirmed that this Project is included in the area referenced in the EIR. City Attorney said Attorney Turner made a valid case on behalf of Kelly- Moore's application, but understood the Judge's decision covered the entire area in question, and thus, in his opinion, the need to wait until the EIR is completed and approved prior to the approval of Kelly - Wore's application. Regrets were expressed by Council that the Environmental Impact Reports hold up so many legitimate requests for orderly development. Planning Director Skanchy Rohnert Park City Council Minutes (7) August 14, 1990 confirmed that the City has the Negative Declaration for this project from the Sonoma County Department of Planning. Brief comments were made regarding the possibilities of a hold - harmless agreement from Kelly -Moore Paint Company. A motion was made by Councilmember Spiro, seconded by Councilman Eck, to uphold the Planning Commission's decision and deny without prejudice the application of File No.1352 - Kelly -Moore Paint Company and approved by the following vote: AYES: (3) Councilmembers Eck, Spiro and Mayor Hollingsworth NOES: (1) Councilman Cochran ABSENT: (1) Councilman Hopkins Councilman Cochran said that a real sad state of affairs has been reached when an EIR is needed for a 1200 square foot building, that it seems to violate certain rights, and that this project should not be compared to a substantial development like the Price Club. File No. 1300 Planning Director Skanchy said a public hearing has been scheduled at this time regarding File No. 1300 - Northwest Rohnert Park Draft Supplemental Environmental Impact Report review. He referenced plans on display and said copies had been provided to Council of letters of inquiry regarding this matter as follows: 1) Metropolitan Transportation Commission (NEC) dated August 2, 1990, 2) Elizabeth Eddins for the Sonoma Group of the Sierra Club and Harvey Bell dated August 2, 1990, 3) Bay Area Air Quality Mhnagerment District dated August 3, 1990, 4) Sonoma County Water Agency dated August 3, 1990, and 5) Sonoma County Department of Planning dated August 6, 1990. Also, copies were provided to Council of responses to written comments by Elgar Hill, Consultant, as well as copies of the resolution for consideration as prepared by City Attorney Flitner for certification of the EIR following the public hearing. Elgar Hill, Consultant, referenced his above - mentioned responses to written comments, shared some of the contents therein, and responded to Council questions regarding same. Discusssion followed. Public Hearing Mayor Hollingsworth opened the public hearing at approximately 8:30 p.m. and asked if there was anyone in the audience wishing to speak regarding this matter. Jake MacKenzie Jake MacKenzie, 1530 Gladstone Way, said he was unable to attend the Planning Commission hearings last week and had two things to address regarding the resolution for consideration tonight. He said Council's discussion covered two of the points he wanted to make and in light of the earlier remarks, there is now existing in the state and is Rohnert Park City Council Minutes (8) August 14, 1990 the basis of a lot of our concerns regarding Council's considerations of land use, that decisions not only follow the letter of the law but the spirit of the law which is based on legislature and alluded to by the court of law. As decision makers, Council has the responsibility to look at decisions as operated under CEQA. Mr. MacKenzie said projects like Kelly -Moore Paint, Walmart, etc. were very well argued and with the addition of tennis courts and parks in the City there will be additional traffic problems to consider which was the reason for CEQA guidelines. He found these things equally frustrating but with consideration to these mitigation treasures, the end result will be a better community in which to live. W. MacKenzie referenced the suit brought by the Sierra Club and Harvey Bell and said the General Plan was to be brought up to date and the Judge said to go through the EIR. He said there was a conflict with the General Plan's Level of Service Objective (LOS) and the consultant's comments regarding the mitigation treasures and it seemed like things were going in the wrong direction. He said he would not go into other traffic problems as he didn't understand traffic modeling. He encouraged solutions to biking and did not think the analysis in the consultant's report were good enough. The City might want to consider a more phased -in approach in proceeding. W. MacKenzie said the last point he wanted to make was that it was very difficult to follow the Environmental Impact Report and Negative Declaration and thought the consultant should be asked to summarize how they arrived at the final conclusion and to use visual aides such as charts to give explanations. Harvey Bell Harvey Bell, 700 Lindsay Avenue, distributed copies to Council of letter dated August 2, 1990 submitted by Elizabeth Eddins for the Sonoma Group of the Sierra Club and Harvey Bell and shared some of the contents therein (copy attached to original set of these minutes). He said he was not really opposed to places like Kelly -bbore Paint Company or any other businesses being built. The issue is not about what is built but about following proper and legal procedures. The Planning Commission voted to pass the resolution for consideration regarding the draft supplemental EIR on to the Council at its last meeting and he did not think Council has had sufficient opportunity to read it prior to tonight's meeting and questioned whether Council would vote on such. He said you cannot add 92 plus acres without significant impacts. To vote on this at this time is premature. He asked who is going to add lanes to highway 101 as traffic problems are created. There is a 1/2 cent issue on the November ballot and asked, if it doesn't pass, who has the crystal ball that is going to say what wi l l happen on even future interchange ittprovements . Rohnert Park City Council Minutes (9) August 14, 1990 There is no guarantee that Caltrans will take care of this since it is understood that Caltrans only deals with the worst conditions in the state. The people should be told these things rather than telling them "we've taken care of all that ". Nothing can be inplemented on 101. It is kind of a quandary and maybe there's something that needs to be included and handled in the mitigation. Mr. Bell recommended holding off approval until all mitigation factors are settled. W. Bell concluded his comments by stating that he did not personally receive any of the $70,000 from the lawsuit and wanted that to be clear. Clarification of the use of these funds was made in a brief discussion with Council and W. Bell confirmed the funds were for attorney's fees rather than for fines. He closed by saying no one ever took control away from the Council as long as decisions comply with the law. There being no one further desiring to speak, Mayor Hollingsworth closed the public hearing at approximately 8:55 p.m. Elgar Hill, Consultant, responded to traffic questions raised in the Northwest area. He referenced alternatives 6.4 and 6.5 which deferred to lower density projects and are big mitigation measures which could result in a service level C and is what is ordered. W. Hill confirmed to Council that he thought this draft EIR followed the letter of the law and the spirit of the law. He said efforts were made on the supplement to carry it as far as possible with the intent that the Judge requested. Discussion followed during which Council agreed charts would have been helpful in understanding the explanation of this draft supplemental EIR and that the Council, Planning Commission and staff had attempted to follow the spirit of the law. Council reviewed various impacts and possibilities of each section of the resolution for consideration which included City Attorney's response to specific concerns regarding legalities. Council concurred to several changes as follows: 1) Page 5, third line - change "permits would be deferred" to "permits = be deferred" 2) Page 5, fourth line - change "service level up to level L? = better" to "service level to follow guidelines consistant bdth General Plan" 3) Page 5, third paragraph, second sentence change "project can be assessed before another project is commenced" to "project can be approved before another project is comrenced" 4) A specific mention of Traffic Systems MRnagement (TSM) needs to be made along with this project Rohnert Park City Council Minutes (10) August 14, 1990 5) Include language regarding plans to mitigate for bike Paths and intersections concerning same 6) Page 6, item #4, third paragraph, first sentence, specify time "approximately five gj: mire years" 7) Page 7, item #5 - Police and Fire, specify possibilities on west side 8) Page 8, item #7 - Drainage, third paragraph, second sentence change "possibilities of JU pm wetlands drainage system" to "possibilities of g, wetlands drainage system" Resolution No. A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING THE 90-186 DRAFT SUPPLEMTTAL E NVIR0M'N'1'AL IMPACT REPORT FOR NORTHWEST ROHNERT PARK AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO FILE NOTICE OF DETERMINATION WITH THE SONOMA COLNTy CLERK Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -186 was adopted. RECESS Mayor Hollingsworth declared a recess at approximately 9:35 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:45 p.m. with all Councilmembers present except Councilman Hopkins. 1990 -91 Budget City Manager Callinan said a public hearing is scheduled at this time on the proposed 1990 -91 City budget. He explained that copies had been provided to Council of staff's recommendations in the form of a budget document, work sessions have been held as deemed appropriate, and that changes have been included as a result of this afternoon's work session. He confirmed for the benefit of representatives in the audience that Council tentatively approved funds for the Chamber of Commerce in the amount of $36,000 and that the Sonoma County Conventions and Visitors Bureau will be reduced to $50,000. Public Hearing Mayor Hollingsworth opened the public hearing at approximately 9:48 p.m. and asked if there was anyone in the audience wishing to speak regarding the 1990 -91 City budget. There being no one desiring to speak, Mayor Hollingsworth closed the public hearing. Resolution No. RESOLUTION APPROVING AND ADOPTING A BUDGET FOR FISCAL 90-187 YEAR 1990 -91 Upon motion by Councilman Cochran, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 90 -187 was waived and said resolution was adopted. Rohnert Park City Council Minutes (11) August 14, 1990 ordinance No. 526 AN ORDINANCE INCREASING COMPENSATION OF MEMBERS OF THE ROHNERT PARK CITY CCLUCIL (By 5% In Accordance With State Law) City Manager Callinan explained the ordinance for introduction and said that, if adopted, it will henceforth be City policy as previously suggested by Council to bring this matter to Council for action in connection with the annual budget. Upon motion by Councilman Cochran, seconded by Councilmember Spiro, introduction of Ordinance No. 526 was approved by the following vote: AYES: (3) Councilmembers Cochran, Spiro, and Mayor Hollingsworth NOES: (1) Councilman Eck ABSENT: (1) Councilman Hopkins So.Co.Library City Manager Callinan referenced plans on display and explained that Council had been provided copies of letter dated July 24th, 1990 from Sonoma County Library Director David Sabsay indicating a need to expand the City Library. This matter was placed on the agenda to give notice of this community need and to begin giving consideration to funding possibilities for a library expansion project which would probably cost between one and two million dollars according to the above- referenced rough sketch provided by W. Sabsay. City Manager said the City owns the library facility and that capital improvements or additions historically have been completed by the City with the possibility of a contribution being obtained from the County as in the past. Mayor Hollingsworth confirmed that Councilman Hopkins is liaison for the library. Ccmuinications Commmications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Imager' s Report: Housing Work Session City Manager Callinan explained that copies had been provided to Council of memo dated August 2, 1990 from the Department of Public Safety regarding homeless survey results. Copies were also provided to Council of Sonoma County Homeless Report and the Sonoma County Comprehensive Homeless Assistance Plan which were transmitted by Janie Walsch, Executive Director for the Sonoma County Community Developimnt Commission. She has asked if Council would like to set up a work session to discuss with her various housing programs in which the City is already involved and housing needs as seen or perceived by others. Rohnert Park City Council Minutes (12) August 14, 1990 Discussion followed during which consideration was given to seemingly conflicting reports regarding the homeless in Rohnert Park. Council concurred to schedule a meeting with Janie Walsch from the Sonoma County Housing Office at 6:00 P.M. prior to the October 9th Council meeting. A citizen shared comments regarding her recent experience as a victim of homelessness and said the homeless are not usually found under bridges or in the parks, but manage in some way to improvise in temporary quarters such as motels or friends' garages. She expressed concern for circumstances beyond a person's control that result in homelessness and said it was frustrating, after four years as a resident of Rohnert Park, that there was no place to turn within the City for temporary assistance. City Manager said the homeless report from the Department of Public Safety was triggered specifically to find the homeless sleeping in vehicles, under bridges or other public or private property areas. Mayor Hollingsworth said the reason for scheduling a work session with the director of the Sonoma County Community Development Commission is to review the homeless situation in the area more extensively and to enable consideration to possible solutions. Freeway Directional City Menager Callinan said the freeway directional sign on Sign Commerce Boulevard in the vicinity of the State Farm Drive intersection still stands and has not been painted as Caltrans has suggested in order not to be a replica of an official "State sign ". He said a decision needs to be made regarding what color to have the sign painted. Golis Park City Manager Callinan reviewed with Council the noise Practice %Pall problem being caused by the tennis /handball practice wall in Golis Park. He said the City Engineer has suggested the wall be removed and the area patched up and replaced with a tennis net. This has been recommended because it is the .Least, expensive solution to the noise problem, especially as compared to the acoustical consultant's recommendation of pumping cement into the fence. Discussion followed during which Council acknowledged that one person could not practice tennis without a wall, the excessive expense of a cement wall, possibilities of checking into the cost of precast walls as well as getting bids for concrete, and the immediate need to mitigate the noise. A motion was made by Councilman Eck, seconded by Councilmember Spiro, and unanimously approved, to remove the tennis /handball practice wall at Golis Park after review of cost for a concrete wall. Rohnert Park City Council Minutes (13) August 14, 1990 Wine Tourist Center City Manager Callinan said the matter regarding the proposed LWate Wine Tourist Center was referred to the Planning Commission as previously directed by Council. He said the Planning Commission has directed that an Environmental Impact Report be prepared for the project and that Elgar Hill be engaged for this at an estimated cost of approximately $23,000. The draft report should be completed within five weeks. G.O.Bonds of 1968 City Manager Callinan explained that copies had been provided to Council of memo dated July 27, 1990 from Finance Director Harrow regarding the status of General Obligation bonds of 1968 for the construction of the Burton Avenue Recreation Center as authorized by a vote of the citizens. He indicated that there are sufficient monies in the fund to discontinue the tax levy that the City has made each year for said bonds and sufficient monies are available to pay off the remaining debt service on the bonds. Additional Golf City Manager Callinan said that as a follow up to objectives Courses in the General Plan, he has had a conversation with a representative of the Pimental property on the west side of the City concerning possible acquisition of the property by the City for the development of a golf course, or possible even two. Due to the fact that it involves real estate negotiations, he recommended discussing the matter in closed session with Council immediately following this meeting. Council concurred. Proposed Bus Stops City Manager Callinan explained that copies had been on Commerce Blvd. provided to Council of letter dated July 26, 1990 from Sonoma County Transit with attached copy of final report from DKS Associates regarding Comrerce Boulevard/Rohnert Park Expressway Proposed Bus Stop Improvements Design. City Engineer Brust has been working with two property owners, specifically, Garrison and Pacific Properties relative to the proposed bus stop in front of the Park Plaza Shopping Center, and Codding Enterprises relative to the proposed revised bus stop in front of the Northbay Center. With the cooperation of the property owners, the inproved bus stops should be developed within the next year or so. Waive Campaign City Manager Callinan recommended waiving the election Election Costs campaign charge of $250 by the City for the Statement of Qualifications as a courtesy to candidates since other election costs are now so expensive, besides the fact that so much paper work is now involved with all the required forms. The waiver that can be obtained by candidates who cannot afford the campaign charge is sort of demeaning. He said this recommendation has been made in the past and the City has covered the charges since the cost is insignificant as compared to the overall picture. Rohnert Park City Council Minutes (14) August 14, 1990 Discussion followed. A motion was made by Councilman Eck, seconded by Councilman. Cochran, to waive the $250 charge to campaign candidates and approved by the following vote: AYES: (3) Councilmembers Eck, Cochran and Spiro NOES: (0) None ABSTAIN: (1) Mayor Hollingsworth ASSENT: (1) Councilman Hopkins Codding Land Donation -City Manager Callinan referenced the recent land donation to the City by Codding Enterprises and suggested selling the property so the funds can be put into the endowment for the Performing Arts Center. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to sell the land recently donated to the City by Codding Enterprises and for the proceeds to be put into the endowment for the Performing Arts Center. Discussion followed regarding the possibility of naming the main hall of the Performing Arts Center after Nell Codding. Confirmation was given that Mayor Hollingsworth and Councilmember Spiro were Council committee for the endowment campaign and both acknowledged plans to attend upcoming meeting regarding same. City Attorney's Report: Council concurred to defer the City Attorney's report Pooper Scooper regarding a pooper scooper ordinance until the next Council Ordinance meeting when Councilman Hopkins will be present to participate in the discussion regarding this matter. Matters from Council: So.Co.Transportation Councilman Cochran said the Sonoma County Transportation Authority was officially formed. He reviewed names of the new officers who were sworn in at the first meeting and commented on various items to be considered in the initial meetings such as finances and finding attorneys to address concerns of the Transportation Authority. Cotati Council City Manager Callinan said a joint meeting with Cotati Joint Meeting Council is to be hosted by Rohnert Park and Cotati has suggested the date of August 29. Discussion followed during which Council agreed it could meet on September 18th for the Cotati Council joint meeting. League of Ca.Cities Mayor Hollingsworth referenced copies provided to Council of Annual Conference letter dated July 12, 1990 from League of California Cities regarding designation of voting delegate for League Annual Conference in Anaheim, October 21_24. Council concurred Rohnert Park City Council Minutes (15) August 14, 1990 that Mayor the League alternate. Hollingsworth should be the voting delegate for Annual Conference with Councilman Hopkins the Natl League of Cities-Mayor Hollingsworth said the 1990 Congress of Cities and Exposition of the National League of Cities will be held in Houston, Texas, December 1 -5, 1990. He said authorization is approved if any Councilmember wants to attend. Mayors'& Council- Councilman Eck said he attended the Mayors' & Councilmembers members Assoc. Association general meeting on July 12th at Council's request in the absence of the Mayor. He said a fee for the collection of property taxes was discussed and the committee hoped for a united front. Councilman Eck responded to Council's suggestion to send a letter to the Sonoma County Board of Supervisors opposing the booking fees and property tax administration fee. Councilman Eck also reported that the tentative agenda for the September 13th Mayors' and Councilmen Association meeting would be on strategy for the upcoming issues of 1/2 cent Transportation Tax and the Open Space initiative to be on the November 1990 ballot. Mbntecarlo Night Mayor Hollingsworth said the Nbntecarlo Night Charity will be on September 3rd. Ralph Jones has let him know that dealers are needed and has requested Councilmembers to give consideration to this need as in the past. Bingo Waiver Request Mayor Hollingsworth requested City Attorney Flitner to respond by mail to the Soroptimist Club's request for waiver of bingo games on permit holder's property since the representative was unable to stay this late at tonight's meeting for said response. Trees /Coimarce Blvd. Mayor Hollingsworth requested the item regarding trees on Commerce Boulevard be placed on the next Council agenda per comnmications with Howard Boggs. Councilman Eck said the committee regarding the Commerce Boulevard trees will have one more meeting prior to the next Council meeting. A lot of progress has been made. The committee is working with Planning Director Skanchy and hopes to have a final plan to present for Council consideration at the next Council meting. Council Feting Discussion incurred during which Councilmmbers Cochran, Cancellation Spiro, and Mayor Hollingsworth each confirmed they would be unable to attend the next Council meeting because of vacation and other personal matters. Council concurred the necessity to cancel the August 28th Council meeting due to no quorum and agreed that a special meting could be called for urgent matters prior to the first regularly scheduled meting in September, if necessary. Rohnert Park City Council Minutes (16) August 14, 1990 Lhsdleduled Public Mayor Hollingsworth asked if anyone in the audience wished Appearances to make an appearance at this time. No one responded. Adjournment to Mayor Hollingsworth adjourned the meeting at Closed Session approximately 10:27 p.m. to Closed Session immediately following this meeting to discuss personnel matters, litigation matters, and real estate negotiations. Reconvene Mayor Hollingsworth reconvened the Open Session at approximately 10:50 p.m. with all Councilmembers present except Councilman Hopkins. Performing Arts Center -City Manager Callinan said copies had been provided to Concession Caterer Council of resolution for consideration to extend the bid opening for an independent contractor /caterer for the Sbreckels Performing Arts Center concession area. He said it would be necessary to declare this an emergency item as this action was not anticipated when the agenda was prepared. A motion was made by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, to declare Resolution No. 90 -188 an emergency item. Resolution No. RESOLUTION OF THE CITY COLUCIL OF THE CITY OF ROHNERT PARK 90-188 EXTENDING THE BID OPENING FOR AN INDEPENDENT CONTRACTM/CATERER TO PROVIDE AND BE RESPONSIBLE FOR THE SPRECKELS PERFOPMNG ARTS CENTER CONCESSION AREA City Manager Callinan explained the resolution. Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, the reading of Resolution No. 90 -188 was waived and said resolution was adopted. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:55 p.m. XDe ° Ci . CieA-71 Mayor s Rohnert Park City Council Commerce Blvd. Rohnert Park, CA 94928 Dear Mayor Hollingsworth and Council Members, 7 // G � How are we going to accomplish objective nine of the Conservation Element of the General Plan Summary (page 1.20) to wit, continue efforts to plant trees and earn designation as a "Tree City USA" by 1995, if we cave in to special interests and begin removing trees along the scenic corridor between the 101 Highway and Commerce Blvd., almost before the ink is dry on our carefully prepared general plan? We all know the importance of trees in releasing oxygen and trapping traffic generated pollutants such as carbon monoxide, dust and noise. This buffer will be of critical importance when 1- lighway 101 becomes a six lane freeway as projected. Rather than destroying this precious life form, wouldn't it be more prudent to investigate ways to prune the trees as they grow so that they allow for greater visibility? Many of the trees are deciduous so there would be no blockage during part of the year anyway. One can only imagine what the Louvre in Paris, with its beautifully sculptured tress, would look like had that city's officials chosen to chop them down rather than prune them. Under the Goal on Page 1.5 of the General Plan Summary which is to insure an aesthetically pleasing community we read Principle 5 "Encourages quality development with good architectural features and extensive landscaping throughout the community, but especially along the U.S. 101 frontage and major streets." We also read Implementation Measure 8, "Continue to insure that the U.S. 101 image of the city is continually improved and enhanced," and Implementation Measure 10 "Continue to require landscaping and tree planting along the sides and medians of streets so as to give a sense of community and caring." Aren't we referred to as the "Friendly City ?" Planting and nurturing the trees along Commerce Blvd. and the 101 corridor is in compliance with the General Plan and is a benefit to all of Rohnert Park. The aesthetic value of the trees more than offsets any minor impediment to visibility of the businesses along Commerce Blvd. In these days of disappearing Redwoods and rain forests, let's save the trees. Thank you very much for your consideration and time. • Linda Branscomb t/�ff d-;�- F'/V 10 City of Rohnert Park Planning Department 6750 Commerce Boulevard Rohnert Park, Ca. 94928 8/2/90 Dear Mr. Skanchy, The Sierra Club and Harvey Bell submit the following comments on the Northwest Rohnert Park Program EIR Draft Supplement. 1. There is no alternatives analysis in this DEIR. The project has been significantly changed by the addition of additional sites (92.15 acres of of combined commercial and office development), but the only reference to alternatives is on page I -7, which is an unexplained list of alternatives analyzed in the previous EIR that was ruled inadequate by the courts. This is a severe deficiency of the environmental document, particularly since there appear to be a number of significant, unmitigable impacts which could possibly be mitigated with an alternative project. 2. It is not clear from the EIR if the additional 92.15 acres have been analyzed in all sections of the EIR. In certain sections (traffic, noise, land use) it appears as if the impacts of the revised project have not been taken into account. 3. The DEIR should clearly state which impacts can be mitigated to a level of insignificance and which are significant and unmitigable. It appears that there are many significant impacts of the proposed project which will remain significant even after the proposed mitigation measures are implemented. The project will result in the following significant impacts as disclosed in the DEIR: a. The intersections listed on page 1 -1 will operate. at LOS D even after mitigation. In addition, the project will significantly contribute to the cumulative impact of growth related traffic on Highway 101. The impact of the project on highway 101 is not fully addressed to the extent requested by Caltrans in. their response to the NOP. b. The project will produce aggregate emissions greater than one percent of the total ambient air quality of the Sonoma Valley. The mitigations listed for air quality on page 1 -3 are inadequate for reducing this severe impact to a level of insignificance. Mitigation it should be done immediately and the results put in the FEIR. Mitigation cannot be left to future study, which is what mitigations 11 and 13 call for. It is not clear from the DEIR how mitigation 12 and 14 would reduce the significant air quality impact to a level of insignificance. The FEIR should contain mitiagtions which will clearly reduce the impact to a level of insignificance, or disclose that the impact is significant and unmitigable. c. The project will significantly exacerbate the already severe-problem Rohnert Park has with its water supply. The city has used up all its water allotment and is now relying on other cities' allotments to service existing development. This significant impact is not mitigated by the proposed mitigation measures listed on page I -4 and 3 -27. Relying on wells for water results in a significant impact on groundwater levels. How can water availability be monitored and matched with projects if there is no water available? (p.3 -28). Extension of water service is not a mitigation for lack of water (p.3 -28). Requiring developers to landscape with species that require limited irrigation will not mitigate the significant problem of lack of water supply. Continuing to approve developments when existing public services are already overtaxed is the kind of abuse of discretion that CEQA was designed to prevent. This project is a prime example of ignoring serious environmental impacts in a blind quest for short term profit. This EIR glosses over the seriousness of the environmental impacts that will occur with the approval of this development by proposing ineffective, illegal mitigation measures and failing to properly analyze alternatives. d. As with water supply, the City also faces a serious problem with lack of sewer treatment and discharge capacity to serve the project. The EIR impacts section does not clearly describe the impact such a large amount of development will have on the Laguna Treatment plant and the City's wastewaterpump station system (which is already operating over capacity). The table on p.3 -29 does not show the amount of sewer capacity taken up by projects already approved but not under construction. The actual available capacity could be much less than shown on the chart because the flow could be higher in some years than it was in 1989. More quantitative data should be included in the EIR to support the assumption that the effect on wastewater capacity is not a significant impact. Since there is no clear description of impacts of the project on the wastewater system, the mitigations are similarly vague. A mitigation saying, "Continue to pursue efforts...." is not adequate under CEQA. The mitigations should be redone and made legally adequate once more information is available on the impacts of the project. e. The project will generate over 2,000 jobs, cumulatively adding more jobs than are provided for by the Rohnert Park General Plan. This, along with the lack of affordable housing for employees needed by the project is a significant impact. The proposed mitigation measure for this impact is inadequate because it does not describe how employee housing will be provided (will it be built as part of the proposed project? If so, where ?), how this additional housing will be accomodated given the shortage of sewer capacity and water, and the relationship of this additional housing to the adequacy of housing element and other elements of the general plan. This severe impact cannot just be glossed over and ignored. The general plan cannot just be ignored if the project will create more jobs than provided for in the general plan. f. The section on urban runoff clearly points to the potential for a significant water quality impact from the project. The mitigation for creating an artificial wetland and for providing a detention basin should be made more specific. The drainage plan called for should be included in the EIR, instead of delayed for future study (it could conceivably never be done). The need for a mitigation program should not be delayed until the. RWQB study is completed, unless project approval will also be delayed until that time as well. Mitigations must be clear, specific, and implementable, not just promises to do future studies and implement future plans. The EIR does not address impacts and mitigations for the project on Labath Creek, as requested by the Department of Fish and Game in their response to the NOP. Submitted By: Elizabeth Eddins for the Sonoma Group of the Sierra Club and Harvey Bell cc. Law Office of Katherine Dixon and Associates