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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