1992/05/26 City Council MinutesRohnert Park City Council Minutes
May 26, 1992
The Council of the City of Rohnert Park mat this date in
regular session commncing at 6:00 p.m. in the City Offices,
6750 Commerce Boulevard, Rohnert Park, with Mayor Pro- Tenpore
Hollingsworth presiding.
CALL TO ORDER Mayor Pro- Tenpore Hollingsworth called the regular session to
order at approximately 6:43 p.m. and led the pledge of
allegiance.
Mayor Pro- Tempore Hollingsworth advised that a closed session
comrenced this evening at 6:00 p.m. to discuss personnel
matters. He said no action was taken and there was nothing to
report at this time.
ROLL CALL Present: (4) Councilmembers Eck, Hopkins, Reilly, and Mayor
Pro- Terrpore Hollingsworth
Absent: (1) Mayor Spiro (due to illness)
Staff present for all or part of the meeting: City Manager
Netter, City Attorney Flitner, Assistant to the City Manager
Leivo, Planning Director Skanchy and Director of Public
Works /City Engineer Brust.
Approval of Minutes Upon motion by Counc i lmember Hopkins, seconded by
Councilmember Eck, the minutes of May 12, 1992 were
unanimously approved as submitted.
Approval of Bills Upon motion by Councilmember Eck, seconded by Councilmember
Hopkins, and unanimously approved, the bills presented
per the attached list in the amount of $505,867.80
were approved. CDA bills presented per the attached list in
the amount of $169,175.83 were approved.
Non - agendaed Mayor Pro- Tempore Hollingsworth queried if any Councilmember
Matters had any non- agendaed items to add to the agenda.
Councilman Hopkins referenced recent League of California
Cities' meeting he attended and said one of the things that
came up, as reviewed in the California League of Cities
Bulletin, was example of Eureka putting all League items on
its City Council Consent Calendar for approval unless a
Councilmember wants to remove a specific item for further
discussion. He recommended further discussion of this
consideration at the next Council meeting. Council agreed.
Rohnert Park City Council Minutes (2) May 26, 1992
Councilman Eck said he had one miscellaneous item to add under matters
from Council.
City Manager Netter said he had one item to add under City
Manager's Report.
Unscheduled Mayor Pro- Tempore Hollingsworth stated that in compliance with State
Public Law (The Brown Act), anyone in the audience who wished to make a
Appearances comment may do so at this time. In most cases under legislation of
the new Brown Act, the Council cannot handle an item without
agendizing. To ensure accurate recording, "Speaker Cards" are
provided at the entrance of the Chamber and unscheduled public
appearances are requested to fill out the cards and present to
recording clerk after speaking.
Jack Affeldt - Jack Affeldt, President of JAX International, 5925 Redwood Drive,
distributed copies to Council of his letter dated -19, 1992
regarding complaint pertaining to the selection of office furniture
for the new Public Safety Building. He shared contents therein
questioning the City's mrethods of furniture selection, and asking why
his local business was not given more consideration for this project
in these difficult economic times.
Elizabeth NbCue - Elizabeth McCue said she worked for NUN (Modular Office Now), 5850
Redwood Drive, and would also like to express similar concerns
regarding the furniture.bid for the Department of Public Safety.
There seemed to be a total lack of respect in responding to this bid
which seemed that the winner was decided before the bid went out. If
bids are presented on a per item basis, it is a completely different
ballpark. Nis. McCue said if this had been clarified, she could have
offered an additional $10,000 off her bid, and thought the process was
a waste of her time.
Steve Owles - Steve Owles, 4770 Hillsboro Circle, Santa Rosa, Vice President of JAX
International, said it seemed to him that as a local business, they
did not necessarily deserve preference, but we have been here a long
±irm end ;+ �i.._ .._
I seems VLLC -1 ty has turned its back on us. The City has
not been very friendly toward us, as the "Friendly City" welcome sign
signifies its attitude should be toward its local businesses.
Mark Burchill - Mark Burchill, 2529 Coballe Court, Santa Rosa, Ca., Owner and
President of Advent Office Furniture, distributed to Council packets
Prepared with previous correspondence pertaining to the Public Safety
building furniture bid, as enclosed with his letter dated May 26, 1992
regarding his protest to the City's award of the referenced contract
to BB&T. He shared contents reviewing details of what his company
believed were irregularities in the bid process, and explained
differences in visual samples provided to Council of hinges from the
various companies involved in the referenced bidding process.
Rohnert Park City Council Minutes (3) May 26, 1992
Mal K. Kolm - Mal K. Kolm, 315 Rustic Lane, Valley Village Nbbile Estates, shared
contents of his letter dated May 26, 1992, with various attached
newspaper articles, pertaining to lack of concern from Valley Village
owners, especially related to senior citizens, regarding poor
maintenance of the mobile home park causing depreciation of their
homes. Mr. Kolm distributed copies to Council of his referenced
letter following his comments on same.
Joyce Poueu - Joyce Poueu, 5760 Dolores Drive, reviewed various phone conversations
and communications with Councilman Hollingsworth, Jimmie Rogers, City
Manager, etc. pertaining to the possibility of waiving fees for use of
the Community Center in June for a fundraising luau to help defray
costs toward upcoming events of her girls softball teams.
Discussion followed during which Mayor Pro-Tempore said he did not
think the $225 insurance requirement should be waived. City Manager
Netter responded to Council inquiry that the City is not self - insured
and, therefore, waiving the $225 insurance would mean an out of pocket
expense. He also pointed out that it would be necessary to declare
this an emergency item, if Council desired to take action on it
tonight, since it was not a scheduled agenda item. Council concluded
this matter did not require emergency action since the date of the use
of the Community Center for the luau was June 20th.
Councilman Hopkins made a motion to approve waiving this fee of
approximately $305.00 for use of the Community Center, but not to
include waiving the insurance fee requirement, and to wait for action
on the matter unt i 1 Counc i 1 can vote on it at the next City Counc i 1
meeting by placing same on the next Consent Calendar. Said motion was
seconded by Councilman Eck and unanirmusly approved.
Doug Millar - Doug Millar, 7152 Avenida Cala Court, said he recently moved back to
Rohnert Park, has office space for his business in Padre Towne, and
currently employees two people. He expressed appreciation to Council
that its meetings are opened with the Pledge of Allegiance signifying
acknowledgment of "one nation under God ". He displayed the issue
referenced on the cover of recent Newsweek magazine entitled "The Way
We Pray", and commented on the City Council actions of
Healdsburg, Petaluma and Santa Rosa to start Council meetings
with prayer. Community leaders need to lead by example. We have seen
moral deficiency since prayer has been taken out of our schools. Our
money says on it "in God we trust ", but for some reason we have gotten
away from this, so we have seen more moral deficiency. Mr. Millar
requested Council to start each City Council meeting with prayer.
Discussion followed during which Council expressed support of the idea
of opening meetings with prayer, along with expression of some
cautions that must be taken in order not to offend any of the faiths
represented in the community, as well as suggestion of a moment of
silence to provide an opportunity for anyone interested to pray in
their own way. Council concurred to place this matter on the next
Council agenda for further consideration.
Rohnert Park City Council Minutes (4) May 26, 1992
George Horwe -del - George Horwedel, 7669 Camino Colegio, said he would also like to
voice his approval of opening Council meetings with prayer because we
did start as "one nation under God ". Mr. Horwedel said he was here
tonight to address the 1,bbile Home Park "T" Zones item scheduled later
on the agenda. He asked if there is an escape clause in this proposal
if a park becomes 20% vacant and, also, what is considered the
definition of the term "vacant ".
James M. Plaisted - James M. Plaisted, 7263 Circle Drive, distributed brochures to
Council entitled "24 Hour Relay Challenge" scheduled for May 30 -31,
1992 (which was reviewed at the previous May 12th Council meeting
with said brochure attached to original set of those minutes).
Mr. Plaisted apologized for not bringing this matter before the last
Parks and Recreation Commission meeting, but he was unable to attend
it, and now, there is not enough time prior to the event to present
his request to the Parks and Recreation Commission. He pointed out
the awards listed on the back of the referenced brochure, and
requested Council's approval of donations for participants of the
Relay Challenge consisting of an annual pool family membership and an
annual Sports Center single membership.
A motion was made by Councilman Hopkins, seconded by Councilman
Reilly, and unanimously approved, to declare this request for Relay
Challenge donations an emergency item due to the lateness of the date.
Upon motion by Councilman Hopkins, seconded by Councilman Reilly,
donations for awards to participants of the 24 Hour Relay Challenge of
an Annual Family Pool Membership (valued at $125) and an Annual
Individual Sports Center Membership (valued at $225), was unanimously
approved.
There being no one further desiring to speak during unscheduled public
appearances, Mayor Pro - Tempore Hollingsworth closed same at
approximately 7:30 p.m. and asked if Council desired to discuss
further, or had any questions regarding the above - reviewed matters.
Discussion followed during which City Manager Netter responded to
various Council questions pertaining to the Public Safety Building
furniture bidding process confirming additional meetings with
representatives of WN (Modular Office Now) and Advent Office
Furniture. assuring +,,,}lore was no preferen"ai treatrient; and reviewed
the various complexities of the bidding process stating that he had
asked the same questions presented here tonight when the bids were
reviewed more thoroughly. He explained that staff does use some of
the language from materials provided from various companies to
establish certain specs, but in no way does that imply that any one
company would specifically provide specs for any given item or
project. City Manager Netter said there was not several errors
as mentioned, but a single, large error was caught in one item listed
in MN's bid , which still did not change the outcome of the award.
Mr. Netter said, in his opinion, this bidding process was done fairly,
pointing out that the City's purchasing agent spent months researching
the figures for this particular project. He responded to further
Council questions regarding offering the bid per item and awarding the
bid to several suppliers; the difference in total price was only $1500
Rohnert Park City Council Minutes (5) May 26, 1992
and it was not felt to be a large enough difference to justify the
extra work necessary to manage multiple suppliers; and referenced
complications experienced previously relating to nultiple vendors for
development of the Performing Arts Center. City Manager Netter said
the challenges to the bidding procedures could be partly due
to the current condition of the economy. He confirmed Council
comments regarding the on -going need for bids to be written as
specific as possible for clarity, and yet not so narrow as to incur
excessive costs.
Mayor Pro- Tempore Hollingsworth shared comments regarding his
extensive experience in bidding processes, prior to going into the
insurance business, especially related to the numerous hours of time
it takes to review specs. He expressed support of staff's conclusions
and recommendations regarding this project for the new Public Safety
Building furnishings, pointing out unending complications connected
with having numerous vendors for a particular project as conpared to
the simplicity and savings of working with one conpany. He agreed
that the economic times were a major factor contributing to
challenging the process. Mr. Hollingsworth said, therefore, the City
needs to be even more careful with detailed writing of specs, and
still agreed that purchases should be made locally whenever possible.
Council agreed.
C O N S E N T C A L E N D A R
Mayor Pro- Tempore Hollingsworth queried if anyone had any questions
regarding the matters on the Consent Calendar which were explained in
the City Manager's Council NIL-eting Memo.
Acknowledging the City Manager /Clerk's report on the posting of
the agenda.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No.92 -85 CONGRATULATING THE "KITCHEN KUT -UPS" ON THEIR TWENTIETH ANNIVERSARY
Resolution A RESOLUTION OF THE CITY CU-MIL OF THE CITY OF ROHNERT PARK REJECTING
No. 92-86 THE CLAIM OF MICHAEL CIOCIOLO, DBA CIOCIOLO CONSTRUCTION (c /o CIGNA
Insurance Conpany)
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ACCEPTING
No.92 -87 GRANT DEED FROM CONDIOTTI ENTERPRISES, INC. PER DEDICATION OF "PARCEL
A" ON UNIVERSITY MEADOWS FINAL MAP
Resolution A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO
No. 92-88 FILE NOTICE OF COMPLETION, LEFT TURN LANES, COM ERCE /SNYDER, PROJECT
NO. 1990 -13
Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 558 AUTHORIZING AN AME3MMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF
THE CITY OF ROHNERT PARK AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Upon motion by Councilmember Eck, seconded by Councilmember Hopkins,
the Consent Calendar as outlined on the meeting's agenda was
unanimously approved.
Rohnert Park City Council Minutes (6) May 26, 1992
Miss Sonoma Reba Roberts, Publicist for Miss Sonoma County Pageant said she was
County here tonight to introduce to Council the local winner of the Pageant,
Gift Miss Jennifer Esperante. Mayor Pro- Tenpore Hollingsworth presented a
Presentation gift of luggage to Jennifer Esperante, "Miss Sonoma County ", as
approved at the previous Council meeting, to use on her trip to San
Diego to compete in the "Miss California Pageant" during the early
part of next month. He congratulated Ms. Esperante for qualifying for
this competition and wished her well with her participation in the
"Miss California Pageant ". Councilman Eck complimented Ms. Esperante
on being one of his outstanding chemistry students, as well as an
outstanding candidate for this Pageant.
Ms. Esperante expressed appreciation for the gift and said it is her
pleasure to represent Sonoma County in the upcoming Miss California
Pageant, but even more to represent the conmmity of Rohnert Park
because from every experience she has had, the "Friendly City" sign
does represent this City. She said the Pageant will be broadcast on
NBC on June 15, 1992 at 8:00 p.m.
Rohnert Park Chamber of Commerce
Economic Development Committee (EDC):
City Manager Netter referenced letter dated May 18, 1992 from the
Rohnert Park Chamber of Commerce Economic Development ConTni.ttee (EDC)
with attached listing of said members, requesting time on tonight's
agenda to explain key goals and objectives.
Rohnert Park Chamber of Commerce representative Bill Kirkpatrick,
Chairman of the Economic Development Committee, said he was the
immediate past president of the Chamber of Commerce, as well as
representative of Longs Drug Store. He reviewed the basic goals of
EDC as set forth in the above - referenced letter wherein the
Committee's Mission Statement is "to support the growth of existing
businesses to Rohnert Park; and to work on a partnership basis with
City, county and state government officials to promote a positive
business environment ". Mr. Kirkpatrick said the purpose is to look at
ways to market Rohnert Park to encourage businesses to locate here.
They have met with the County Economic Board and with a business that
was having trouble staying here. They are actively working on a
committee plan to put together some brochures and materials that will
hopefully be funded privately from local businesses. Mr. Kirkpatrick
responded to various Council questions regarding EDC goals and
objectives and said any ideas and input from Council would be
greatly appreciated.
Discussion followed concluding in Mayor Pro- Tempore Hollingsworth's
appointment of Councilman Hopkins as liaison to the Economic
Development Committee of the Chamber of Commerce. Councilman Eck
requested staff to provide copies to Mr. Kirkpatrick of Economic
Development Corporation item reviewed at the previous City Council
meeting of May 12, 1992.
RECESS Mayor Pro- Tempore Hollingsworth declared a recess at approximately
7:50 p.m.
Rohnert Park City Council Minutes (7) May 26, 1992
Councilman
Hopkins Councilman. Hopkins left the City Council meeting during this recess
leaves due to illness.
RECONVENE Mayor Pro- Tempore Hollingsworth reconvened the Council meeting at
approximately 7:59 p.m. with all Councilmembers present except for
Mayor Spiro and Councilman Hopkins who were both absent due to illness.
He explained that with only three members of the Council present,
there would be some impact on decisions, such as not approving
financial contributions. He said the City Attorney will advise
further, if there are other issues on which this limited number of
Councilmembers could not take action.
City Attorney F1 itner advised that resolutions for consideration can
be approved by three votes, as long as there are no franchise
approvals contained therein.
Transportation matter:
Proposed Ballot Measure to Create Sonoma/NHrin Transit District -
City Manager Netter explained the resolution for Council consideration
as reviewed in the Council Meeting Memo. He responded to various
Council questions regarding same.
Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
No. 92-89 RECOMMENDING A NOVEMBER 1992 GENERAL ELECTION BALLOT MEASURE FOR
SONOMA AND MARIN COUNTIES REGARDING CREATION OF A SONOM M?,RIN
TRANSIT DISTRICT
Upon motion by Councilman Eck, seconded by Councilman. Reilly,
and unanimously approved with absence of Councilman Hopkins and
Mayor Spiro, reading of Resolution No. 92 -89 was waived and said
resolution was adopted.
TRANs (Tax & Revenue Anticipation Notes):
City Manager Netter explained the two resolutions for Council
consideration regarding TRANs (Tax & Revenue Anticipation Notes) as
reviewed in the Council Meeting Memo. He responded to various Council
questions regarding same.
Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK PROVIDING FOR
No.92 -90 THE BORROWING OF FUNDS FOR FISCAL YEAR 1992/1993 AND THE ISSUANCE AND
SALE OF 1992 TAX AND REVENUE ANTICIPATION NOTES THEREFOR
Resolution A RESOLUTION APPOINTING AN UNDERWRITER AND BOND COUNSEL AND APPROVING,
No.92 -91 AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMn FOR UNDERWRITING
SERVICES AND AN AGREMM FOR LEGAL SERVICES, ALL IN CONNECTION WITH
THE PROPOSED 1992 TAX AND REVENUE ANTICIPATION NOTES
Upon motion by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved with absence of Councilman. Hopkins and
Mayor Spiro, reading of Resolution Nos. 92 -90 and 92 -91 were waived
and said resolutions were adopted.
Rohnert Park City Council Minutes (8) May 26, 1992
PUBLIC SAFETY BUILDING
on Southwest Boulevard:
City Manager Netter reviewed requests of various groups and /or
organizations regarding interest expressed to use the Public Safety
Building on Southwest Boulevard after relocation of the Department of
Public Safety to its new location later this year. He referenced
copies provided to Council of letter dated May 6, 1992 from Jan White,
President of Boys /Girls Club of Rohnert Park requesting use of this
site because of the convenient location to particular nearby schools.
W. Netter also reviewed communications from staff including
recommendation of this site for the above- referenced Boys /Girls Club,
as well as compatibility of staff's recommendation responding to
request by Vic TYucco, Director of Court and Community Schools for
Sonoma County Office of Education for proposed Community School Site.
He said the only other consideration at this time is for use by an
ambulance company. All these considerations are now in staff
evaluation stage and staff should be able to make recommendations
soon, following the evaluations.
Discussion followed during which City Manager Netter confirmed to
Council inquiry that it remains paramount to retain use of this Public
Safety building for the fire unit. W. Netter also acknowledged the
presence of Jan White at tonight's meeting representing the above -
referenced request for use of the building for the Boys /Girls Club.
"T" Zones (Mobile Home Park Zones "MMip ")
City Manager Netter said copies were provided to Council, for
informational purposes, of 1) memorandum dated May 20, 1992 from City
Attorney Flitner regarding first draft of proposed "T" Zone or
mobilehome park ordinance; and 2) letter dated May 6, 1992 from
Maurice Fredericks, Law Firm representing the interests of Iona H.
Sim, owner of Las Casitas Mobile Home Park opposing any increased
restrictions upon a change use of her property. As reviewed in the
Council Meeting Memo, before any formal action is taken by the City
Council on the proposed ordinance, City Attorney advises, as a
practical and legal consideration, that the matter be referred to the
Planning Commission for a public hearing, and then referred back to
the City Council for its public hearing. Discussion followed.
City Attorney Flitner responded to previous inquiry tonight from
George Horwedel, that this ordinance does not have vacancy factors,
and as reviewed, will be set before the Planning Commission for
review, public hearing, etc. because it involves a change in the
zoning ordinance. W. Flitner suggested W. Horwedel obtain a copy of
the draft ordinance for his information and fuller response to his
inquiry regarding the contents therein.
Further discussion followed.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved with absence of Councilman. Hopkins and
Mayor Spiro, to refer this item regarding Mobile Home Park "T" Zones
to the Planning Commission for review.
Rohnert Park City Council Minutes (9) May 26, 1992
Planning and Zoning matters:
File No. 1462 - Planning Director Skanchy explained that the public hearing
pertaining to File No. 1462 was continued from the previous Council
meeting of May 12th, 1992 regarding abandonment of a portion of Willis
Avenue (Bloom Avenue) a public road right -of -way, 40 ft. wide by 465
ft. ± in length with location as described on tonight's agenda. He
said it is staff recommendation to Council that this matter be denied
without prejudice until the signed agreement is obtained so it will
not have to be carried forward on future agendas until such time as
the matter is resolved.
Upon motion by Council Eck, seconded by Councilman Reilly, and
unanimously approved with absence of Councilman Hopkins and Mayor
Spiro, File No. 1462 was denied without prejudice as recommended
by staff.
File No. 1545 - Planning Director Skanchy referenced copies provided to Council of
staff report dated May 14, 1992 with attachments, including proposed
ordinance for introduction, and shared contents therein regarding
consideration of amendment to Rohnert, Park Municipal Code, Section
17.08.101, Zoning Schedule, to allow for variation in lot sizes in the
single family residential district and to amend Section 17.22.050 to
allow for the reduction of residential lot sizes in the Planned Lhit
Development District. Mr. Skanchy said the Planning Commission
approved this amendment at its May 14th meeting and recommends Council
approval of the proposed ordinance. He said a public hearing had been
properly noticed and scheduled at this time regarding this matter.
Councilman Reilly
leaves & returns - Councilman Reilly left the Council Chamber at approximately
8:16 p.m. to respond to a personal family matter and returned to the
Chamber at approximately 8:17 p.m.
Public Mayor Pro - Tempore Hollingsworth opened the public hearing at
Hearing approximately 8:17 p.m. 'There being no one desiring to speak, he
closed the public hearing
Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING CHAPTER 17 OF THE
No. 560 ROHNERT PARK M- NICIPAL CODE BY ADDING R -1 (SINGLE FAMILY - RESIDENTIAL)
DISTRICT TO THE ZONING SCHEDULE AND BY MVDIFYING THE MINIM.M LOT SIZE
IN RESIDENTIAL DISTRICTS COMQINED WITH THE PLANNED UNIT DEVELOPMENT
Upon motion by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved with absence of Councilman Hopkins and
Mayor Spiro, reading of Ordinance No. 560 was waived and said
ordinance was introduced.
Rohnert Park City Council
Minutes (10) May 26, 1992
File No. 1546 - Planning
Director Skanchy referenced plans on display and said
copies were
provided to Council of staff report dated May 14, 1992.
He shared
contents therein regarding consideration of Codding
Enterprises
application for site plan and architectural review for a
40,000 sq.
ft. Home Express retail store to be located north of and
contiguous
to the Wal-Mart Store at 4601 Redwood Drive in the CR:PD
District.
Mr. Skanchy reviewed design and colors of the plans and
distributed
glossy photos of proposed merchandising of Home Express.
He responded to various Council questions regarding these plans
confirming
that Codding Enterprises has agreed to modifications as
recommended
by staff. He said Codding Enterprises is asking Council
to consider
dropping a portion of the set back in order to meet
parking requirements.
Discussion followed during which the size of this Home Express retail
store at 40,800 sq. ft. was compared to the neighboring Wal-Mart Store
at approximately 107,000 sq. ft., as well as reviewing comparisons in
design of the two stores. Comments were made regarding the grading in
progress on the referenced site, which were subject to Planning
Commission action, as reviewed at the previous Council meeting.
David Codding, President of Codding Enterprises, explained reasons for
asking Council to approve the request for set back from 30' to 20' in
order to have the required parking. A certain percentage of area has
already been lost to improvements along Redwood Drive and another
percentage has been lost to the provision for additional parking
agreement with Wal-Mart. Codding Enterprises has no objection to the
30' set back requirement, however it is not so crucial on the side
where the road turns into Millbrae and this could help to compensate
for the additional parking.
Discussion followed during which Planning Director Skanchy responded
to Council inquiry regarding the Planning Commission's reasons for not
waiving the set back requirement, and therefore, the need to refer the
matter to Council. Councilman Eck expressed concern about the
first visual impact of the area and preference to nice
landscaping as cam, '0" t'J a sea of parking. In response to Codding
Enterprises representative Doug Craig's suggestion to innovative
landscaping such as can be accomplished by a form of stacking to block
certain visual impacts, Mayor Pro- Tempore Hollingsworth suggested a
trade off since there would still be 20' of landscaping to utilize and
recommended approval of the site plans and waiver as requested,
subject to the innovative landscaping and see what Codding Enterprises
can do with the footage in the back of the property. Planning
Director Skanchy pointed out that the 5' sidewalk is not included in
the set back, so the provision of space is actually 35'. City Manager
Netter pointed out that standard set backs are 15', so the City would
still be getting 5' more than standard. Councilman Eck said he would
prefer reviewing the proposed innovative landscaping prior to
approving these plans. Mr. Codding said approval would be greatly
appreciated and Codding Enterprises would be glad to work with the
Rohnert Park City Council Minutes (11) May 26, 1992
Planning Department to ensure acceptable landscaping. Councilman
Reilly asked if turf could be required on the undeveloped pad sites to
which Mayor Pro- Tempore Hollingsworth responded it did not seem fair
to require something of anyone that is not required of others.
A motion was made by Councilman Eck, seconded by Councilman Reilly, to
approve site plans and architectural review for File No. 1546, Home
Express retail store, as recommended by Planning Commission, with
reconsideration of the set back along Millbrae Avenue, subject to
review of innovative landscaping of the proposed 20' parcel along
Millbrae Avenue in two weeks, passed by the following vote:
AYES: (2) Councilmen Eck and Reilly
NOES: (1) Mayor Pro- Tempore Hollingsworth
ABSENT: (2) Councilman Hopkins and Mayor Spiro
Mayor Pro- Tempore Hollingsworth explained that this vote basically
tabled this item for two weeks when Codding Enterprises can present
plans for the innovative landscaping as requested for Council's review
and consideration at its next meeting.
File No. 1548 - City Manager Netter referenced copies provided to Council of
Planning staff report regarding File No. 1548 dated May 14, 1992 with
attachments, including resolution adopted by the Planning Commission
recommending ordinance for consideration of amendment to Zoning
Ordinance by adding Chapter 17.57 to the Rohnert Park Municipal Code
entitled "Specific Plan" to provide the City with adequate development
flexibility for innovation in residential building types, land use
mixes, site design, and development concepts. He said the public
hearing scheduled at this time would be continued to the next Council
meeting on July 14th to allow adequate time for public input and
Council review and consideration of this matter.
Public Mayor Pro - Tempore Hollingsworth opened the public hearing at
Hearing approximately 8:43 p.m.
Jake Mackenzie - Jake Mackenzie, 1536 Gladstone Way, referenced the proposed
amendment to the zoning ordinance and said before making comments on
the ordinance, he would like to talk briefly to the process. He
received a copy of this ordinance one day before the Planning
Commission meeting. Even though realizing it was probably noticed in
the press, his receipt of the copy only gave him 24 hours to review
the document prior to the Commission meeting. The Planning
Commissioners' review of this document lasted less than five minutes.
Mr. Mackenzie said he did not regard that as a sufficient review and
it would seem very doubtful any recommendations were made within the
timeframe of that procedure. He said these were the process
statements for the record this evening. Mr. Mackenzie said he would
like to talk about specific plans as a means for innovations. There
are some things about specific plans that at least the guidelines in
the General Plan talked to and would have certain advantages under
some circumstances, not limited to those flexibility exanples, if
consistent with the General Plan and if EIRs, and such, are prepared.
One of these was discussed by the Planning Commission. Finally,
guidelines, fees, projects, etc. mast be consistent with the plan, so
there mast be some reasons for adopting it.
Rohnert Park City Council Minutes (12) My 26, 1992
Mr. Mackenzie proceeded with a detailed review of the proposed
specific plan ordinance. Under Section 1 stating "according to
neighborhood concept with adequate conmmity infrastructure" and
"detailed planning based on the neighborhood concept should precede
the annexation of unincorporated territory ", when it goes on this
amendment per Sub - section 17.57.030 stating "adopting a new specific
plan or amending an existing one, etc. ", W. Mckenzie said, based on
his years of experience, he would certainly not want to give authority
in this ordinance so full consideration could be given to applications
of property owners. Continuing in this section stating "this section
shall apply to all sites designated in the general plan for a specific
plan or any other area of the City, etc. ", W. Mckenzie said he would
certainly be interested to hear Council's views on this section.
He said the Preapplication Procedure is detailed under Section
17.57.040, and hoped there would be some mention of documents for
public review. Under the Planning Director Review of this section,
the requirement should be included to advise the comnmity regarding
the specific plan as Mr. Mckenzie said he could not locate the
directive in the zoning ordinance. (Planning Director Skanchy
responded that the referenced directive is defined under another
subdivision of the ordinance.)
W. Mckenzie continued his convents that these were his questions on
the ordinance itself and that it states guidelines with no adverse
environmental impacts. He referred to File No. 1548 project schedule
and said he would appreciate convents by June 11 that references the
1300 acres extending northerly on Valley House Road down to Railroad
Avenue all the way out to the easterly boundary of G Section. He said
his point in bringing this up was that it seems like we are
continually rushing about this business; that he had no complaint
whatsoever about looking at the boundaries regarding the commitment
and General Plan update, and no problem with the City declaring its
interest; but said what he would like to ask Council to do is consider
resubmitting this ordinance and the accompanying documents to the
Planning Commission to give a thorough review of the matter.
Secondly, as part of the General Plan update process, consider the
course embarked upon, as still being the highest goal of action, to
look at land in toto, or one piece, that will be affected in the
future. Mr. Mackenzie referenced brochure in hand and said he
reviewed it with lots of pleasure, and said proper consideration could
be given to it with its potential impact for the future. He said he
would ask Council one more time to consider all and, in fact, this
would allow the City to consider the flexibility for residential
development and for site design.
George Horwedel - George Horwedel, 7669 Camino Colegio, requested Council's
Permission for the Interim Housing Task Force to review this proposed
specific plan ordinance prior to the next Council review, so that the
Task Force might also make its recommendations to Council.
There being no one further desiring to speak, Mayor Pro - Tempore
Hollingsworth closed tonight's public hearing at approximately
8:58 p.m. to be continued to the July 14th Council meeting.
Rohnert Park City Council Minutes (13) May 26, 1992
Discussion followed during which Council comments included that
consideration should be given to changing the referenced 17.57.030
section so that Council, not the Planning Commission or applicant, is
in control of the adoption of new or amending existing specific plans;
further clarification is needed regarding the meaning of the small
parcel maps to which staff explained that the referenced parcels are
identifying areas and not arbitrary, since these cover drainage
basins, property lines, etc. City Attorney Flitner commented that the
referenced parcels were done in line with directive of the City's
Legal Counsel Margaret Sohagi.
City Manager Netter said this item would be continued at the July
14th, 1992 City Council meeting for further consideration.
GENERAL PLAN UPDATE - Retrofit Program:
City Manager Netter referenced copies provided to Council of staff
report dated May 20, 1992 and shared contents therein, including
comments reviewed in Council Meeting Memo, regarding the General Plan
Update - Wastewater Retrofit Program. According to information
received from City's attorneys reviewing the General Plan, specific
wastewater capacity cannot be allocated to a specific project through
an individual wastewater retrofit program. However, the City can
implement a wastewater retrofit program to conserve wastewater
capacity and then distribute capacity obtained in a fair and
equitable manner. City Manager Netter and Director of Public
Works /City Engineer Brust responded to various Council questions
pertaining to this matter.
Comrunity Separator with sphere of influence:
City Manager Netter referenced plans on display and updated the City
Council on the procedure for having the specified 22 acres in the
City's sphere of influence removed from the County's Community
Separator designation. Steve Sharpe has informed staff that a County
General Plan Amendment would be necessary, City Manager Netter
suggested that this request be submitted directly to LAFCO to test
the flexibility clause of the newly adopted policy, as County General
Plan Amendments were not necessary prior to the adoption of
LAFCO's new policy. City Council concurred that staff should
proceed accordingly.
1992 -93 Proposed Budget:
City Manager Netter distributed to Council copies of 1992 -93 Proposed
Budget and recomwnded setting Council work sessions to review same.
He referenced copies also provided to Council of Summary Fee Schedule
as of June 1, 1992 for Council's review and consideration.
Council concurred to four (4) meetings on Wednesday and Thursday
mornings from 7:00 a.m. to 9:00 a.m, on June 3rd and 4th, 1992 and
June 10th and 11th, 1992 for 1992 -93 Budget work sessions.
City Manager Netter confirmed Council directive that notices would be
sent to groups following the first budget work session notifying same
to be scheduled for review at the third budget work session
on June 10th, 1992.
Rohnert Park City Council Minutes (14) May 26, 1992
Communications- Communications per the attached outline were brought to the
attention of the City Council. No action was taken unless
specifically noted in these minutes.
City Manager Netter said staff is proceeding with the elements of the
General Plan and will be prepared and submitted to the General
Plan Committee.
City Manager's Report:
1) City Manager Netter said copies were provided to Council of staff
report dated May 6, 1992 with attachments regarding Rohnert Park Swim
Team's Use of H -Pool for informational purposes pertaining to the
winter use of H -Pool. Council concurred to proceed with the
agreement as outlined last year to assist the Swim Team with the phase
out program.
2) City Manager Netter said there has been numerous calls since
announcing rate increases and, therefore, staff recommends scheduling
an informational workshop for citizens regarding utility discount
program which would probably be held at the Senior Citizen Center.
Council concurred.
City Attorney's Report:
1) City Attorney Flitner referenced copies provided to Council of his
memorandum dated May 18, 1992 responding to inquiry by Councilman Eck
to review the current state of the law regarding spheres of influence
(copy attached to original set of these minutes). Mr. Flitner shared
contents therein and responded to various Council questions
regarding same.
2) City Attorney Flitner reviewed insurance concerns expressed by the
Wine Center Association pertaining to negligence of the City,
specifying that they would furnish coverage as prime coverer, but
requesting that the City be covered as additional insured. Basically,
they are asking that the Wine Center not cover the City if the City is
grossly negligent in a matter. Mr. Flitner gave example of City
employee negligence, whereby the City's coverage would be responsible.
He proposed Council put the City on the Wine Center's insurance as
additional insured, rather than primary. City Attorney Flitner and
City Imager Netter responded to various Council questions regarding
this matter confirming review of same with REMIF; acknowledgment that
the City's standard coverage is very broad; and establishment that
that the City would be covering its own gross negligence.
A motion was made by Councilman Eck, seconded by Councilman Reilly,
and unanimously approved, to accept the modification pertaining to the
Wine Center Assn. insurance naming the City as additional insured,
rather than primary, as recommended by staff.
3) City Attorney Flitner referenced Mobile Home Rent Control
litigation regarding damages and confirmed judgment related to fees
and costs. He said the appeal will be filed tomorrow and that will be
on its way.
Rohnert Park City Council Minutes (15) May 26, 1992
4) City Attorney Flitner referenced previous comnents about limiting
unscheduled public discussion time, if it becomes too lengthy. He
confirmed, according to the Attorney General, there is an authority
for Council to limit such time.
Discussion followed during which Council confirmed the need to limit
unscheduled public appearance time to 30 minutes at the beginning of
Council meetings in fairness to those individuals waiting for the
regularly scheduled agenda items. The remainder of unscheduled public
appearances should be deferred to the close of Council meeting, if
time permits.
Matters from Council:
1) Councilman Reilly referenced copies provided to Council of petition
received from residents encouraging expansion of the Rohnert Park
Library that was obtained at the meeting he attended last Tuesday. He
reviewed several suggestions that were made at the meeting regarding
the expansion need of the Library. Councilman Reilly and City Manager
Netter responded to various Council questions regarding this matter
confirming overall budget constraints, and preference to expansion
versus alternate location due to excessive cost of staffing pertaining
to an alternate location. Suggestion was made for further review of
this matter during final budget work session, or possibly a separate
evening meeting for same.
2) Mayor Pro - Tempore Hollingsworth said the two by two meeting with
City of Cotati representatives was scheduled for 'Thursday, May 28th,
1992 at 5:00 p.m. at Cotati City Hall. He reviewed conTwnications
between City Manager Netter and Cotati City Manager Bonnie Long
pertaining to annexation impacts between the two cities. Discussion
followed expressing concerns that need to be addressed as follows:
Cotati intentions on the west side of the City; impact of the
shopping center at the corner of Redwood Drive and Highway 116,
and impact at Rohnert Park Expressway and Redwood Drive, as well as
impact of the new Factory Outlet and what intentions are to upgrade
the lot there; and how is Cotati dealing with LAFCO on Community
Separator lands.
3) Mayor Pro - Tempore Hollingsworth said Sil Cincera' Retirement
Dinner will be held at the Rohnert Park Community Center at 6:30 p.m.
on Friday, May 29, 1992.
4) Mayor Pro- Tempore Hollingsworth confirmed the 24 Hour Challenge
Relay is scheduled at the Rancho Cotate High School Track on Saturday,
May 30th, 1992 beginning at 10:30 a.m. with opening comments by Mayor
Spiro. Council participants in the Relay will be Mayor spiro, Vice
Mayor Hollingsworth, and Councilman Eck.
5) City Manager Netter said the Rainbow Park dedication is scheduled
for Saturday, June 6th, 1992 at 10:00 a.m.
Rohnert Park City Council Minutes (16) May 26, 1992
6) City Manager Netter referenced retirement of David Benson,
President of Sonoma State University, and said Dr. Benson will be
honored Wednesday, June 3rd, 1992 at Friedman Center on Mayette Avenue
in Santa Rosa. Mr. Netter confirmed an appropriate resolution will be
prepared for the occasion.
Unscheduled
Public Mayor Pro- Tefrpore Hollingsworth asked if anyone in the audience wished
Appearances to make an appearance at this time. No one responded.
Adjournment Mayor Pro-Tempore Hollingsworth adjourned the meeting at approximately
9:47 p.m. to 7:00 a.m. on June 3rd and 4th, 1992 for a two hour budget
mrk session on each specified date.
Depu Cit lerk Ibyor Pro- Tenpore
yY
MEMORANDUM
May 18, 1992
TO: Rohnert Park City Council
RE: Spheres of influence
In response to an inquiry by Councilman Eck this will constitute
my response to his request to review the current state of the
law regarding spheres of influence.
The Law
Before 1985 state law provided for spheres of influence under a
separate provision which was read and interpreted with the law
on annexation, the law can reorganization of a city or district,
etc.
In 1985 the law underwent a major .revision. The Cortese -Knox
Local Government Reorganization Act of 1985 was the result. The
law as rewritten applies to cities and special districts. It
covers annexation, consolidations, detachments, dissolutions,
formations, incorporations, reorganizations, etc. One of the
objectives of Senator Knox and the legislature was to attempt to
put the law regarding boundary changes relating to local
agencies in one place and to try to address the different
concerns of various governmental agencies. The law became
effective on January 1, 1986. Government Code § 56021 reads as
follows:
"Change of organization" means any of the following:
(a) A city incorporation.
(b) A district formation.
(c) An annexation to, or detachment from, a city or
district.
(d) A disincorporation of a city.
(e) A district dissolution.
(f) A consolidation of cities or special districts.
(g) A merger or establishment of a subsidiary district.
"Sphere of influence" was defined as "a plan for the probable
ultimate physical boundaries and service area of a local agency,
as determined by the commission." Government Code §56076. "Com-
mission" is the local agency formation commission. Government
Code §56027.
F
"'Urban service area'" means developed, undeveloped,
or agricultural land, either incorporated or
unincorporated, within the sphere of influence of a
city, which is served by urban facilities, utilities,
and services or which are proposed to be served by
urban facilities, utilities, and services during the
first five years of an adopted capital improvement
program of the city if the city adopts that type of
program for those facilities, utilities, and services.
The boundary around an urban area shall be called the
'urban service area. boundary' and shall be developed
in cooperation with a city and adopted by a commission
pursuant to policies adopted by the commission in
accordance with Sections 56300, 56301, and 56425.
Government Code § 56080.
Turning to the law defining local agency formation commissions,
the legislature has stated in Government Code §56301:
Among the purposes of a commission are the
discouragement of urban sprawl and the encouragement
of the orderly formation and development of local
agencies based upon local conditions and
circumstances. One of the objects of the commission
is to make studies and to obtain and furnish
information which will contribute to the logical and
reasonable development of local agencies in each
county and to shape the development of local agencies
so as to advantageously provide for the present and
future needs of each county and its communities.
Among the powers of the commission are the power to approve or
disapprove changes in organization or boundaries. However,
LAFCO does not have the power to disapprove an annexation to a
city if the territory to be annexed is located within an urban
service area approved and adopted by LAFCO which is not prime
agricultural land and which is designated for urban growth by
the city.
The commission is forbidden to impose any conditions "which
would directly regulate land use density or intensity, property
development, or subdivision requirements." The annexation is
reviewed "on the basis of the adopted plans and policies of the
annexing city. . . ." The commission cannot tell a city how a
property will be prezoned. Government Code §56375.
LAFCO cannot require a city to extend services outside its
sphere of influence. Government Code §56376. Decisions made by
LAFCO relative to annexation to a city for territory which,
generally speaking, is uniquely situated to be annexed by the
proponent city must be consistent with the sphere of influence
of the local agency. Government Code §56377.5.
N
Whenever a public agency proposes & change of organization (or
reorganization) teen the local agency .rust (1), submit a plan for
providing services within the affected arritoryr 2) enumerate
and describe the services to be extended to the area; (3)
indicate the level and range of 5ervives; 14) indicate when
these services can feasibly be extended to the territory; (5)
indicate any improvement or upgrading of services that would be
required in the affected territory; and (6) indicate how and by
whom the services will be financed. Government Code §56683.5.
opinion
The law does not mandate that the city have a definite timetable
to develop certain areas. For example, the land does not
mandate a plan for the undeveloped areas closest to the core
area with a second or later plan for more distant area.
instead, the law states that the urban service area is that area
"developed., undeveloped or agricultural land, either
incorporated or unincorporated within the sphere of influence of
a city. . ." either served by city facilities or planned for
service during the first five years of an adopted capital
improvement plan, ". . if the city adopts that type of program
for those facilities utilities or services."
The sphere V influence is usually a ?anger area and comprises
the ". . .probable ultimate physical boundaries and service area
of a local agency. ."
Based on the relevant Government Code Sections; because of the
qualifying language and the lack of mandatory language it is my
opinion that the Qrban service area is an area wherein the city
has planned and projected probable future growth and development
for the reasonably Eo . seeable future but which has not been
subjected to a rigid uncomprowis.ing timetable by statute.
As I read these sections, the urban :service area is the land
which will be developed most probably within a reasonable tune.
The sphere of influence, on the other hand, has more long -term
connotations and could, theoretically at least, include areas of
open space, either publicly or privately owned, such as
agricultural land. Whether the long -term retention of
agricultural land near urban services is a realistic evaluation
is debateable, however, it is possible under the law.
it does appear that LAFCo does have some power and influence
over city growth and expansion under Government Code §56683.5
since if LAFCo is not satisfied with the plan submitted by a
city the question arises as to what can be done about it. Since
LAFCo is one of the public agencies with a reasonable influence
and substantial participation in local agency boundary changes,
3
in my opinion, it could present a problem if UFCo does not
believe the city can provide the services.
Respectfully submitted,
4 JU., - —
N D. FLIT IrER
City Attorney
4