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1993/08/24 City Council MinutesRohnert Park City Council Minutes August 24, 1993 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. CALL TO ORDER -Mayor Hollingsworth called the regular session to order at approximately 6:41 p.m. and led the pledge of allegiance. Mayor Hollingsworth advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters and personnel matters. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Gallagher, Reilly, Spiro and Mayor Hollingsworth Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Director of Public Works /City Engineer Brust, and Planning Director Skanchy. Approval of Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, Minutes the minutes of August 10, 1993 were unanimously approved as submitted. Approval of Councilmember Spiro questioned check #56054 regarding a conference Bills attended by Councilmember Gallagher. Councilmember Gallagher asked for an update to her questions of 8/10/93. City Manager Netter distributed and reviewed a supplemental report responding to her questions. Councilmembers discussed Resolution 81 -204 which established guidelines regarding Councilmember attendance at conferences. INbtion Upon a motion by Councilmember Reilly, seconded by Councilmember Eck, the policy that members shall inform the Council of upcoming meetings and conferences, obtain input and prior approval of attendance fees from Councilmembers, and report to the Council on information received was unanimously approved. Councilmember Reilly discussed the Wine Center monthly check. The Council vote to pass the Wine Center contract was four to one. If three Councilmembers vote to not pay the monthly contractual payment, would the City breach the contract? Nbtion Upon motion by Councilmember Eck, seconded by Councilmember Gallagher, City bills presented per the attached list in the amount of $613,309.81 (including check #56054 conference) and CDA bills presented per the attached list in the amount of $21,309.12 were approved with Councilmember Spiro dissenting. City Attorney Flitner stated that if the City did not make the monthly payment then the Wine Center would not be obligated to pay rent to the City. Rohnert Park City Council Minutes (2) August 24, 1993 Non- agendaed Mayor Hollingsworth queried if there were any non- agendaed matters items to add to the agenda. City Manager Netter asked the Council to consider an emergency item, Resolution No. 93 -96, A Resolution, Approving Agreement with the Office of i.niEtrative Hearings to Provide Hearing Services and Authorizing the City Manager to Execute the Agreement. This would streamline the process of administrative hearings concerning personnel matters. Emergency Nbasure Upon a motion by Councilmember Reilly, seconded by Councilmember Spiro, the Council voted unanimously to consider Resolution No. 93 -96 as an emergency measure. Resolution No. 93 -96 Upon a motion by Councilmember Spiro, seconded by Councilmember Reilly, and unanimously approved, the reading of Resolution No. 93 -96 was waived and said resolution was adopted, as written. Upon a request from Councilmember Gallagher, Mayor Hollingsworth requested that audience members address comments concerning the Senior Center during unscheduled public appearances. Councilmembers Eck and Spiro had additions to Matters from Council. Unscheduled Mayor Hollingsworth stated that in compliance with State Law (The Public Brown Act), citizens wishing to make a comment may do so at this time. Appearances Under the Brown Act, in most cases, the Council could not handle an item without it being on the agenda. To ensure accurate recording, "Speaker Cards" were provided at the entrance of the Chamber and unscheduled speakers were requested to fill out the cards and present them to the recording clerk. 1. George Horwedel, 7669 Camino Colegio, spoke regarding lighting assessment districts and alternative plans for condominiums, mobile home parks, and multi- family units. Such plans could consider the City of Fairfield's new plan which spreads the cost more fairly. He would provide a news article to the Council. 2. Hazel Brubaker, 959 Hacienda Circle, reported that the senior population in Rohnert Park was expanding by 3,000 each year. The Senior Center was crowded and needed more space for activities and services. She asserted that the Senior Center would generate funds for the City. Former City Manager Callinan promised that the entire building was to be developed as a Senior Center. Discussion by Councilmembers included other building space available, the temporary housing of the Finance Department, the delay of a new city hall building which reduced available space for services, and the initial planning of the Codding Center. Councilmember Eck stated that the needs of all concerned parties should be considered before decisions were made concerning future use. Mayor Hollingsworth asked citizens for the opportunity to review the situation and come up with a possible solution. Councilmember Spiro, Council representative for the Senior Advisory Committee, encouraged citizens to attend Committee meetings in order to discuss such concerns to present to the entire Council. Rohnert Park City Council Minutes (3) August 24, 1993 3. Gerald Lemontt, 655 Enterprise Drive, Senior Center Board of Directors President, spoke in support of expanding the Senior Center. The Senior Center had and would provide monetary support for its activities and through the Craft Shop. It was a better use of the space than other agencies using it for free. He intended to bring legal action if necessary to ensure such space would be made available. Mayor Hollingsworth advised Councilmembers Spiro and Reilly to meet with City Manager Netter and to contact Senior Center members to discuss the issues involved. At that point, any possible action for the City Council could be scheduled. Councilmember Gallagher commented that since staff suggested that the Volunteer Center be housed in the Codding Center, the Senior Center should be an emergency item. Councilmember Reilly asked for citizens to communicate with the Senior Advisory Committee or other Council Subcommittees before threatening the Council with lawsuits. 4. Hertzal Herrison, 4413 Hamlin Court, spoke in support of the Senior Center expansion. He received emotional support from Senior Center activities after his wife's death. 5. Linda Branscomb, 21 Anne, asked for creative solutions from the Council in providing space for such services as the Volunteer Center, the Senior Center, and other services. 6. Karen Johnson, Executive Director of Volunteer Center, stated that her main goal was to provide volunteer services for the Rohnert Park community, which included the Retired Seniors Volunteer Program. She had no concerns about obtaining appropriate space, was not interested in denying the Senior Center expansion space, and supported the richness of what seniors contribute to the community. Councilmember Gallagher stated for the record that she received the staff report for the Volunteer Center agenda item on 9/23/93 which specified office space in the Youth and Family Center. She asserted that there was an organized effort against the Volunteer Center because it was her idea. She apologized for staff's actions and accused staff of pitting the Volunteer Center and Senior Center against each other. She stated that she had a lot of senior support. She stated that she had the meeting on tape and expected to see her statement in the minutes. She repeated that the staff report was given to Councilmenbers on 9/23/93 and included a specific facilities map. 7. Jean P. Fagin, 741 Holly Avenue, spoke in support of the Senior Center expansion. Younger volunteers also participate in providing services. Mayor Hollingsworth stated that no one on the Council or staff had been pitting one group against another. Unfounded accusations should not be made about staff or Councilmembers. Staff has done an excellent job in assisting all citizens and had identified possible space for the Volunteer Center. He asked for cooperation from all parties in discussing future services and solving the space problem. Rohnert Park City Council Minutes (4) August 24, 1993 8. John Homrig, 5743 Dallas Street, spoke in support of the Senior Center expansion, specifically for dances and pool tables, which could provide revenues and activities other than card games. 9. Elena Williamson, 81 Francis Circle, spoke in support of Senior Center activities and expansion. RECESS Mayor Hollingsworth declared a recess at approximately 7:34 p.m. in order to celebrate the City's 31st birthday with a cake provided by the Rohnert Park Founders Day Association. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 7:53 p.m. with all Councilmembers present. C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolutions: No.93 -93 A RESOLUTION OF THE CITY CODICIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF JAMES R. HAUPT (Re: An Alleged False Imprisonment) No. 93-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING CALIFORNIA STATE AUTOMUBILE ASSOCIATION "SCHOOL'S OPEN - DRIVE CAREFULLY" CAMPAIGN No. 93-95 RESOLUTION CALLING FOR SEALED PROPOSALS TO RE -ROOF BURTON AVENUE RECREATION CEN'T'ER Upon motion by Councilmember Spiro, seconded by Councilmember Reilly, the Consent Calendar, as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes (5) August 24, 1993 Planning Commission appointment to fill vacancy left by resignation of John Hamilton whose term was due to expire December 31, 1993 (Mayor Hollingsworth's nomination) - Mayor Hollingsworth nominated Armando Flores. Upon a motion by Mayor Hollingsworth, seconded by Councilmember Spiro, the appointment of Armando Flores to fill vacancy left by resignation of John Hamilton on the Planning Commission was approved with Councilmember Gallagher dissenting. Scheduled Public Appearances: 1. Henry Fuhs, Homeless Prevention Group, Inc.: Assistant to the City Manager Leivo reported that Mr. Fuhs was unable to stay and had asked to be rescheduled. 2. Lewis Kuehm, President of Rohnert Park Founders Day Association, 5430 Commerce Blvd., Suite H, wished the City a happy 31st birthday and said the cake had been provided by Rafael DeTrinidad, Manager of Safeway Stores and read Mr. DeTrinidad's greetings which are attached and made part of this record. Mr. Kuehm introduced Gary Skyrme and Joshua Mellars as two of the five "1993 Youths of the Year" and explained the program. Unable to attend because of other conmitments were Carrie Caudle, Justine Dyer, and Danielle Loughran. Mayor Hollingsworth congratulated the Youths of the Year and presented their name badge awards for the coming year. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 93-97 AUTHORIZING AND APPROVING A CONTRACT AGREEMENT FOR SYMPHONY CONDUCTOR/MUSIC DIRECTOR. City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. He requested an amendment to the resolution to add "...with the Rohnert Park Symphony Association..." to signify that it was a non - profit group with which the City was contracting, not the conductor. Upon motion by Councilmember Reilly, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 93 -97 was waived and said resolution was adopted as amended. Resolution A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN No. 93- THE CITIES OF SONOMA COUV'I'Y AND SONOMA COLNTY FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES Assistant to the City Manager Leivo explained the resolution as reviewed in staff report including comments as outlined in the Council Meeting Memo and responded to various Council questions regarding same. Councilmember Gallagher recommended that elected officials be appointed as members of the Waste Management Agency. Councilmember Spiro stated that the Joint Powers Agreement (JPA) already called for an elected council menber or appointee from each city. Councilmember Gallagher went on the record as opposing the amendment in that it was not appropriate at this time to make it easier to vote to spend taxpayer dollars when the JPA was currently under a grand jury Rohnert Park City Council Minutes (6) August 24, 1993 investigation. Councilmember Spiro asked Assistant to the City Manager Leivo to clarify if Councilmember Gallagher's statement was accurate, what agency was investigating the JPA and why. Assistant to the City Manager Leivo stated that he responded to questions from grand jury members regarding JPA. He also responded to questions from grand jury members concerning Councilmember Gallagher's activities. The grand jury makes recommendations for improvements in local government. Councilmember Gallagher, seconded by Councilmenber Eck for discussion purposes, moved that the Council table approving Resolution No. 93 -_ until receiving the grand jury report. Discussion followed concerning other jurisdictions' positions, if the change protected small cities, the "workability" of the current JPA 100 percent voting practice, and the blocking of important programs by one city which could veto an entire project. Upon withdrawal of the second to the motion by Councilmember Eck, Mayor Hollingsworth tabled the resolution until other jurisdictions' positions could be determined. Cancellation of Town Hall meetings - Vice Mayor Reilly shared his concerns related to this matter and explained reasons for recommending cancellation of Town Hall meetings. He did not want a divided Council attacking each other in such meetings rather than listening to citizens who wished to speak about their community concerns. He requested that the Council debate issues, decide, vote, and then move on to the next agenda item, rather than personally attacking other Councilmembers because of their position. After discussion, upon a motion by Councilmember Eck, seconded by Councilmember Gallagher, it was unanimously approved to move on to the next agenda item. Mayor Hollingsworth would work with staff to set an agenda, to eliminate rhetoric, to encourage Councilmembers to listen to citizen concerns, and to encourage Councilmembers to leave their personal feelings at home. Garbage Committee update (Reilly & Spiro) Vice Mayor Reilly reported that the subcommittee met for fact - finding purposes. Councilmember Spiro, referring to a request from a citizen to be on the committee, clarified that elected officials made up the committee but all parties could attend the subcommittee meetings. Councilmember Eck stated the issue of subcommittee membership had become blown out of proportion with lies, innuendo, and name calling. Even though other cities held subcommittee meetings in an orderly manner, he suggested the Council meet as a committee -of- the -whole to address the issues. Nbtion Councilmember Eck moved, seconded by Councilmember Reilly, that the Council meet as a committee -of- the -whole to address the issues of the Garbage Subcommittee. Discussion by the Council followed. Councilmember Eck stated that delay of yard composting was wasting landfill space. Councilmember Spiro stated that the purpose of subcommittees was to handle complex issues and report to the Council. She resented name calling, being manipulated in meetings, and being prevented from doing the work of the subcommittee. Rohnert Park City Council Minutes (7) August 24, 1993 Responding to Mayor Hollingsworth request, Councilmember Eck stated it was the City's responsibility to implement yard composting. The two - year franchise agreement had to be considered in any decision. If three Councilmembers showed up for a subcommittee meeting, then he also wanted to be present to make sure accurate information was presented to the public. Mayor Hollingsworth asked for a target date for implementation of a yard composting program. The Council could then pursue the issue as a committee-of- the - whole. Councilmember Gallagher stated for the record that the subcommittee meeting was a publicly noticed meeting. As a citizen of the U.S., she exercised her constitutional right to attend the public meeting. She attended as a concerned citizen. She would continue to attend such public subcommittee meetings. She asserted that the Brown Act was written to refer to private meetings by councilmembers. Councilmember Spiro disagreed with Councilmember Gallagher's interpretation of the Brown Act. When an individual became a public official, that person gave up certain rights, such as refraining from suing individuals for libelous comments. When a quorum of the City Council was present, the rest of the City Council should receive notice of the meeting. She asked for City Attorney Flitner's opinion. Councilmember Gallagher stated that three or more Councilmembers were frequently present at public meetings like the League of California Cities. Councilmember Spiro responded that Councilm n bers were not doing the business of the City at such meetings. Councilmember Gallagher stated that the Garbage subcommittee was gathering information, not making decisions. City Attorney Flitner stated that the better practice for meetings was to refrain from creating a quorum at subcommittee noticed meetings. The League of California Cities no longer allowed quorum attendance of City Councils at meetings. Serial meetings where a Councilmember consulted in turn with other members concerning their position was not allowed. When a Councilmember appeared at a public meeting, the public perceived them as representing the Council. The better practice endorsed by the League and other city attorneys was to comply with the Brown Act. Vote The motion to meet as a committee -of- the -whole to address the Garbage subcommittee issues passed unanimously. Staff would prepare a preliminary report for yard waste implementation for the Council at its meeting in September. Volunteer Center - Karen Johnson, Executive Director, 17A 4th Street, Petaluma, reviewed an amended three -tier proposal which would involve a three - month set up phase, establishing a volunteer staff base, and determining paid staff needed to support a Rohnert Park -based service. Volunteers take pride in their community and make an investment in such volunteer centers. The initial cost of $6,000 was more appropriate than the first proposal of $4,000. Ms. Johnson clearly stated that the report was late only because of her negligence, not that of City Manager Netter. She responded to questions from Councilmembers. Councilmember Spiro asked Ms. Johnson to attend a meeting of local service agencies, held by Community Resource Specialist Kathy Vander Vennett, and the Senior Citizens Advisory Rohnert Park City Council Minutes (8) August 24, 1993 Committee meetings. City Manager Netter stated that COYF was discussing space needs of various services and agencies. Jim Parks recommended the Volunteer Center be considered for space as a service agency. A site search would be required to meet a variety of needs. Motion Upon a motion by Councilmember Gallagher, seconded by Councilmember Eck, the $6,000 proposal for a Volunteer Center in Rohnert Park as presented by Karen Johnson was unanimously approved in concept. Ms. Johnson was to meet with appropriate groups and report back to the City Council. Councilmember Eck complimented Ms. Johnson on the details of her proposal. Child Identification Program implemented by City of Campbell - Mayor Hollingsworth stated that a program to photograph and fingerprint school children would help protect children and assist law enforcement efforts. It would be without cost to the City. Nbtion Upon a motion by Mayor Hollingsworth, seconded by Councilmember Reilly, the implementation of a Child Identification Program was authorized. Staff will work closely with the School District. Emergency Preparedness Update - Public Safety Officer John Ellis, Emergency Services Coordinator, presented a report on the program. The Emergency Services Unit was responsible for hazardous materials mitigation and all disaster preparedness and planning for the City. The Emergency Operations Center, now located at new Public Safety Building, served as operations center during a disaster and was equipped with radios, emergency networks, ham radios, and interstate radio networks. RACES Program is a ham radio operators network located at public facilities throughout the City and in a mobile command post. The Department writes the City's emergency plans which are reviewed and coordinated by Sonoma County Office of Emergency Services. The Department participates in the South County Disaster Task Force monthly planning meetings with City of Cotati, RP- Cotati School District, Penngrove Fire District, Cotati Fire District, and some private sites. One upcoming project is an 8 -hour program of emergency prepardedness for private businesses and a list of available resources. Designated care and shelter facilities include the Community Center, Sports Center, Burton Avenue Rec Centers, Performing Arts Center, Lady Bug Rec Center, Benecia Rec Building, the Scout Hut, and the Codding Center. City Hall did not qualify due to lack of facilities. Earthquake preparedness pamphlets had been sent with water bills and would be available at the Senior Center. There should be an annual test of the Emergency Prepardedness cablecast system with each new mayor. The plan worked well during the recent tanker fire on Highway 101. An appropriate video could be aired on the public access channel. Bicycle Advisory Committee - City Manager Netter stated that Jake Mackenzie, Chairperson of the Bicycle Advisory Committee was present regarding the recommendation that the Bicycle Plan be a separate plan referenced in the General Plan. Staff recommended support. Director of Public Works /City Engineer Brust confirmed that the MPC required a separate element of the General Plan or a separate document in order to approve funding. Rohnert Park City Council Minutes (9) August 24, 1993 Motion Upon a motion by Councilmember Reilly, seconded by Councilmember Gallagher, a separate Bicycle Plan document would be prepared apart from the General Plan in order to facilitate timely modification, was unanimously adopted. RECESS Mayor Hollingsworth declared a recess at approximately 9:05 p.m. RECONVENE Mayor Hollingsworth reconvened the Council meeting at approximately 9:15 p.m. Growth Management /Sewer Allocations - Director of Public Works /City Engineer Ron Brust reviewed the staff report and corrected the Resident Construction 1988 through 1993 schedule reporting on projects (number of units, summary total, allocated units, and built units). Responding to Mayor Hollingsworth, Mr. Brust stated that the allocation process for previous years involved taking the City Council's yearly goals, meeting with all builders, discussing how many units were available, and discussing who wanted to build. City staff then left the room and the builders determined how to split up the allocation. Mr. Brust referred to a wall map indicating the remaining building areas. Using projected sewer usage figures for those areas, the City would need an additional 0.268 million gallons per day based upon current zoning. The 8/92 dry weather flow was 2.77 mgd. Of the 3.84 mgd allocated to the Rohnert Park /Cotati /SSU /Hewlett - Packard area, Rohnert Park has 2.9 mgd available. Subtracting 2.77 from 2.9 resulted in 0.13 mgd which equaled approximately 436 single family or 610 multi - family units. This was a conservative estimate since dry flows were already less than 8/92. Windsong would reduce that by 136 units, and Hewlett - Packard indicated it might trade some of its sewer capacity for residential building. Mayor Hollingsworth confirmed with Mr. Brust that the City would not be able to expand its sewer allocation until 1999. The City had the ability to borrow sewer capacity from other comrunities for the short term. Cotati was approaching sewer capacity. Responding to Councilmember Gallagher's concern about how well the retrofit program will work in practice, Mr. Brust stated that flows were already lower than in 8/92. Mayor Hollingsworth cautioned that commercial projects which brought in crucial sales tax revenue should not be shortchanged in sewer allocations. Councilmember Eck confirmed with Mr. Brust that the Windsong project would reduce the available sewer capacity to 0.10 Md. Councilmember Eck suggested the Council could either commit to those projects which already had zoning or to put on hold any building until sewer capacity was determined and the General Plan review was completed. Councilmember Gallagher stated that Petaluma decided to withhold sewer allocations in the 1980s until their general plan process first decided the best use. ,gyp Condiotti 62 Unit Condos, Spreckels Unit No. 9 - Mayor Hollingsworth ask for City Attorney Flitner's opinion. The contractor had already g ne through the procedure and the City had the capacity; no one else - asked for the sewer allocation at this time. Councilmember Eck confirmed that the sewer allocation report fulfilled his request for information. Councilmember Gallagher asked that the promised sewer capacity for the Presbyterian Church project and the draft EIR for units on the west side be considered in City Attorney's opinion. i7 *CORRECTIONS from 9/14/93 Council meeting: change "was" to "has" in third line of above paragraph and change "126 units" to "170 units" referenced in the last sentence of same paragraph. Rohnert Park City Council Minutes (10) August 24, 1993 City Attorney Flitner stated that the Council should give serious consideration to projects which had already completed the planning process. There were provisions in the law allowing a city to suspend development for a maximum of two years in order to make such decisions. He stated that W. Leivo had asked Margaret Sohagi, legal counsel, as to how the limited capacity should be allocated among interested developers. She responded that capacity could be allocated on first -come, first -served basis or according to established planning conditions. There was some risk if the City denied access to available sewer capacity. Based on case precedence, the current City practice was reasonable. The City could not expect a developer to be on hold indefinitely while getting its practices together. Councilmember Eck stated that the Council had the right to accept, amend, or reject any General Plan, EIR, or Planning Commission proposal. Due process did not guarantee automatic acceptance by the Council. After final decisions were reached, state law further protected the rights of citizens to petition and by initiative turn over such decisions. Councilmember Gallagher confirmed with City Attorney Flitner about Mrs. Sohagi's recomrendation to use established planning conditions to further General Plan goals and policies. She asked how that affected the current General Plan review. City Attorney Flitner stated that the City did not have to suspend development because the General Plan was being amended. The City was entitled to approve projects if there was sewer capacity. The current proposal did not require a General Plan amendment and was properly zoned and scheduled for development. The Council could determine if the project was entitled to sewer capacity. Planning Director Skanchy confirmed that the Windsong 136 -unit addition had sewer capacity previously allocated by Council. The Condiotti 62 -unit project tentative map had been approved subject to conditions. One condition stipulated that no building permits would be issued until the Council determined there was sewer capacity and issued allocations. Mayor Hollingsworth stated support for approving the 62 -unit project and entertained comments from the audience. David Codding, Codding Enterprises, spoke of their pending project for affordable housing units which supported local workers. The $20,000 EIR focused on community impact for family support, transportation issues, etc. If the Council was reluctant to approve projects because of the lack of sewer capacity, why were developers required to pursue expensive planning processes. Codding had nothing against the Condiotti project, and would like to know if the Council was suspending building projects until the 1999 sewer allocation. Pam Marks, Canon Manor, asked when the Council would consider sewer allocation needs for Canon Manor which was within the City's sphere of influence. Director of Public Works /City Engineer Brust responded that if an assessment district was formed, the County would provide sewage treatment capacity for Canon Manor. Rohnert Park City Council Minutes (11) August 24, 1993 Ken McCoy, 7342 Rasmussen Way, asked the Council to wait for actual sewer usage figures before making allocations. Mr. Brust responded that the July figures reported a gain of 0.07 mgd which would result in approximately 350 units. Mayor Hollingsworth confirmed that the trend was toward gaining capacity. Jake Mackenzie, 1536 Gladstone Way, stated that the Planning Commission shortly would review the first draft of the General Plan update. That update included under General Actions that on a yearly basis beginning in 1993 the City would implement a system for prioritizing building permits. The Council could review the General Plan update in the fall. Discussion on sewer allocation and various building projects could be part of that review process, based on actual figures for dry weather flow. The process would allow citizens to express their concerns. Councilmember Spiro stated that the General Plan update will be reviewed properly. She stated that making a "fair allocation" also included considering projects which had completed the planning process. If there was sewer capacity, those projects should be approved in a timely manner. The worst case would be that there would be no more capacity at this time. Linda Branscomb, 21 Anne, confirmed with Mr. Brust that the City had spent approximately $250,000 on the toilet retrofit program. The City of Sebastopol instituted a free program with businesses donating equipment and individuals installed their own. Also, the Housing Task Force recommended two years ago that 25 percent of permits be banked for lower income. She asked the Council to start negotiations with developers to meet low income housing needs. Motion Councilmember Spiro moved, seconded by Mayor Hollingsworth for discussion purposes, to grant sewer allocations for the 62 -unit townhouse project in Spreckels Place No. 9 by Condiotti Enterprises. Councilmember Gallagher cited an 8/2/93 letter from Assistant to the City Manager Leivo to the Deputy Director of California Housing. The Housing Task Force had diligently formulated comprehensive affordable housing strategies. One primary purpose of updating the General Plan was to incorporate the recommendations of the Task Force into the Housing Element. She asked that Council refrain from issuing permits and to establish a priority listing for projects. The 62 -unit project was not an affordable housing project. Councilmember Eck recalled that Councilmembers had committed funds for the 25 -unit Burbank Housing low income housing project. If the Council was going to honor the sewer capacity figures in the current report, then it was unfair to withhold approval from those projects which had completed the current General Plan process. He asked if Councilmember Gallagher was still committed to the promised low income projects. Councilmember Gallagher stated she was willing to back off from all pending projects so that due process could be accomplished. Allocating sewer capacity at this time without considering all needs Rohnert Park City Council Minutes (12) August 24, 1993 was not appropriate. She asked for a point system to make fair allocation as proposed in the General Plan update and to honor the commitment to low income housing. She asserted that Councilmember Eck's motion at the last Council meeting was to put off sewer allocation for two weeks and bring all the projects up. Councilmember Eck responded that the report and subsequent discussion had fulfilled his request. Councilmember Reilly stated that he had voted against some projects which he felt were against the General Plan. The General Plan was the constitution for the City. If a developer had gone through the General Plan process, unless it was against the General Plan or the zoning had changed in the new General Plan, which it had not, then such projects should be approved. If the argument was that this was in direct violation of the General Plan, then he would listen. Councilmember Eck stated that Kaufman. and Broad had a 300 -unit project which was consistent with the current General Plan. In the absence of specific language in the adopted General Plan, fair allocation of sewer capacity to proposed projects was difficult. Councilmember Gallagher asked for more time to consider the motion. Vote The motion to grant sewer allocations for the 62 -unit townhouse project in Spreckels Place No. 9 by Condiotti Enterprises was passed by the following roll call vote: AYES: (4) Councilmembers Eck, Reilly, Spiro and Mayor Hollingsworth NOES: (1) Councilmember Gallagher ABSENT: (0) None Communications - Communications per the attached outline were brought to the attention of City Council. No action was taken unless specifically noted in these minutes. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:17 p.m. and then extended it for two announcements. An undisclosed citizen reported that Councilmember Gallagher had received an award from the local Democratic party. City of Cotati proposed factory outlet mall at Gravenstein Highway and Redwood Drive - City Manager Netter confirmed that staff would respond to Cotati's request for comments by 9/6/93 in accordance with the staff memo. Mayor Hollingsworth instructed Councilmeniers to contact staff with any additional suggestions. Adjournment Mayor Hollingsworth adjourned the meeting at approximately 10:19 p.m. AL Deputy City Clerk Mayor �3 HAPPY BIRTHDAY ROHNERT PARK ! IN THE SPIRIT OF COOPERATION, LET'S CONTINUE TO GROW AND PROSPER ! RafAEL DeTrinidad, a Manager Safeway Stores (Donor of the birthday cake) REC�Y�TED AUG 2 3 1993 CITY OF ROHNERT PARK