Loading...
1998/05/12 City Council MinutesRohnert Park City Council Minutes May 12, 1998 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro Tempore Vicki Vidak - Martinez presiding. CALL TO ORDER: Mayor Pro Tempore Vicki Vidak- Martinez called the regular session to order at approximately 6:50 p.m. and led the pledge of allegiance. ROLL CALL: Present: (3) Councilmembers Flores, Mackenzie, and Mayor Pro Tempore Vidak- Martinez Late: (1) Councilmember Reilly (arrival time signified later in these minutes) Absent: (1) Mayor Spiro Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant City Manager Leivo, City Engineer Gaffney, Planning Director Schulenburg, Public Works Manager Stephens and Building Official Braun. 1. CLOSED SESSION: Mayor Pro Tempore Vidak- Martinez reported on the closed session which commenced this evening at 6:00 to discuss matters listed on the agenda attachment, representing an update, with no action taken at this time. Personnel matters are scheduled on the regular Council meeting agenda for consideration. 2. APPROVAL OF MINUTES: Corrections to the previous meeting minutes were made by Council and signified on original set of minutes. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, the minutes of April 28, 1998 were unanimously approved as amended. NOTE: Due to additional corrections signified by Councilmember Reilly following his arrival later at this Council meeting; the absence of the Mayor from this meeting; and the early departure of the Vice Mayor prior to adjournment of the preceding Council meeting, THESE MINUTES WELL BE RE- SCHEDULED FOR FORMAL APPROVAL AT THE NEXT REGULAR CITY COUNCIL MEETING OF MAY 26, 1998. 3. APPROVAL OF BILLS: Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores City bills presented per the attached list in the amount of $749,694.84 were unanimously approved. t`r 4. ADDING INFORMATIONAL NON- AGENDAED MATTERS: Mayor Pro Tempore Vidak- Martinez asked Councilmembers or staff if there were any non - agendaed informational items to add to the agenda. There were none. 5. YOUTH CITY COUNCIL REPRESENTATIVES From 1997 -98 Youth Of The Year Program Mayor Pro Tempore Vidak - Martinez introduced Youth Representatives Senior Nicole Fields and Junior Cynthia Rail, who provided the youth report as follows: *The Associated Student Body is working on the last "Move Up Rally/Dance" where classes participate in the ritual of moving up in class seating rank in the gym to initiate the ending of another year. •ASB is also setting up middle school visits with Rancho Cotate High School having workshops to familiarize Mountain Shadows Middle School and Creekside Middle School students with RCHS. *Dance Club members are working on the annual dance concert scheduled May 29th. *The Drama Club's performance of the comedy "Noises Off' opened Friday night and continues this Friday and Saturday night at 8:00 p.m. *Seniors were honored last week for academic achievements. Students finished in the top 21 of the Senior Class received dinner and $250 scholarships. The top 21 of the graduating class of 1998 includes: Michelle Arellano, Jennifer Brown, Shannon Caplan, Nicole Cavalas, Patcharapa Chiwarak, Nicole Fields, Sarah Harvey, Edward Kang, Arnie Larson, Elizabeth Leonhardt, Dahiana Martinez, Sean Mullins, Monica Ohkubo, Allison Palmer, Jack Perry, Kirstin Peterson, Meagan Pulley, Adam Romero, Jamie Sahouria, Joe Stablein and Joshua Ziese. •On April 30th, the Associated Student Body held the annual election convention for Rancho Cotate High School, when newly elected officers were sworn in as follows: President, Mackenzie Burt; Vice President, Jenna Seda; Secretary, Nicole Pappas; and Treasurer, Danny Kung. 6. UNSCHEDULED PUBLIC APPEARANCES: Mayor Pro Tempore Vidak- Martinez stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. No one responded. 7. CONSENT CALENDAR Mayor Pro Tempore Vidak - Martinez asked if there were any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. Council agreed to remove Resolution Nos. 98 -93, 98 -94, 98 -96 and 98 -98 from the Consent Calendar for discussion. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda '�4�titC 1iS (3} 12,1998 Resolution Nos: 98-95 Proclaiming May 10 -14, 1998 "Transit Week" 98-97 Proclaiming May 18 -22, 1998 "National Association of Insurance Women Week" 98-99 Proclaiming June 12 -14, 1998 "Spring Morning on the Farm" (Hosted by Ed Grossi Farms, with Balloon Aeronauts) 98 -100 Accepting Quit Claim Deed from Rohnert Park Recreation Corporation for YMCA/Soccer Building (Teen Center) 98 -101 Authorizing the Purchase of Command Vehicle for Department of Public Safety 98 -102 Rejecting the Claim of Janet L. Trafton (re. alleged illegal towing of vehicle Ordinance for Introduction: No. 639 Authorizing an Amendment to the Contract Between the Council of the City of Rohnert Park and the Board of Administration of the California Public Employees' Retirement System Approving donations of a summer family membership to pools and a one year individual Sports Center membership for Sonoma County Associates for Youth Development (SCAYD) for the 7th Annual 24 Hour Relay Challenge Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the Consent Calendar, as outlined on the meeting's agenda, with the exception of Resolution Nos. 98 -93, 98 -94, 98 -96 and 98 -98, was unanimously approved. Resolution No: 98 -93 Congratulating News Reporter Mike McCoy for Receiving the Peninsula Press Club Award Councilmembers Flores and Mackenzie offered congratulations and recognition of Mr. McCoy's outstanding news coverage of the City of Rohnert Park and for his distinguished reporting of local events in the community. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, Resolution 98 -93 was adopted. Resolution No: 98 -94 Proclaiming Tuesday, June 2, 1998 "Clean Up Copeland Creek Day" Councilmember Mackenzie noted he spoke to this item earlier this year. Public Works Manager Stephens has been working on this. A third grade class had worked on initiating the clean -up last year. He sees this as a great start to expanding the City's interest in the Copeland Creek cleanup. He added he hopes Sonoma State University students will also get involved. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, Resolution No. 98 -94 was adopted. Park .- - btine i (4F ;1 ,19 Resolution No: 98 -96 Declaring Mayas National Bike Month and May 19, 1998 "Bike to Work Day" Councilmember Mackenzie recommended everyone participate in this Bike to Work day. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved, Resolution No. 98 -96 was adopted. Resolution No: 98 -98 Supporting the Opposition of Proposition 226 (re. use of taxpayer revenues to monitor union political activity) City Manager Netter clarified this item was listed on the agenda in error and should be removed from the agenda. Council concurred. 8. OTHER RESOLUTION FOR CONSIDERATION: Resolution No. 98 -103 Ratification of Memorandum of Agreement with SEIU, Local 707 (Certain Employees in the Department of Public Works) City Manager Netter explained the resolution for consideration. Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved 3 -0 -2 by roll call vote, with Councilmember Reilly and Mayor Spiro absent, reading of the resolution was waived and Resolution No. 98 -103 was adopted. Councilmember Flores thanked City Manager Netter, Personnel Manager Robbins and others involved in negotiations over the year. Councilmember Mackenzie added he was very interested in the opportunity provided on the educational process. 9. ACCEPTING "CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING" Award from the Government Finance Officers Assn. for the City's Comprehensive Annual Financial Report for Fiscal Year Ending June 30,1997 (16th consecutive yr.) Presentation of the Award of Financial Reporting Achievement to George Raymond, Accountant/Auditor City Manager Netter explained aspects of this prestigious award which was presented to the City and congratulated Finance Director Mike Harrow and the Finance Department Staff for a job well done. Mr. Netter recognized George Raymond, recipient of the award of Financial Report Achievement. City Manager Netter acknowledged George's wife, Susie, who was present for the presentation. Mayor Pro Tempore Vidak - Martinez presented the Award of Financial Reporting Achievement to George Raymond. 0 b t 'ark y 4onC# Councilmember Flores expressed appreciation and congratulations for efforts extended to receive this award. Councilmember Mackenzie noted this report not only gives a concise summary of the financial situation of the City, but also an interesting view of the City's operations. Mayor Pro Tempore Vidak- Martinez expressed Council's appreciation to staff for their dedication and hard work. 10. ROHNERT PARK WELLNESS CENTER - HOSPITAL SITE PROJECT City Manager Netter reported on this Committee meeting he attended with Mayor Spiro and Councilmember Reilly, City Manager Netter introduced representatives from the Rohnert Park Wellness Center who were present. He advised the Committee reviewed the discussion draft of a land lease on the City- owned, 10 -acre site off Snyder Lane The discussion draft needs major changes involving the terms of the land lease and responsibilities, rents, etc. City Manager Netter indicated an extension is necessary to have sufficient time to draft a lease that would be acceptable to the City. Resolution No: 98 -104 Approving an Extension to the Option Agreement with Rohnert Park Wellness Center (RPWC) Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved 3 -0 -2 by roll call vote, with the absence of Councilmember Reilly and Mayor Spiro, authorizing a letter over the Mayor's signature extending the Option Agreement with Rohnert Park Wellness Center to September 30, 1998, reading of the resolution was waived and Resolution No. 98 -104 was adopted. COUNCILMEMBER REILLY ARRIVES: Councilmember Reilly arrived at approximately 7:15 p.m. during opening comments of the following item. 11. CHANNEL 22, KRCB -TV - REVISED AGREEMENT PROPOSAL Councilmember Flores reported the City Council has been supportive of Channel 22 for many years. He indicated the Committee is reviewing the changes to continue support but also to protect the City's interests. Councilmember Flores indicated Channel 22 was looking to refinance its debt to reduce existing interest payments and allow additional funds for working capital. The Exchange Bank is considering the new loan based on changes in the lease agreement. -- Councilmember Reilly added it is important for the City to continue a good relationship with KRCB and at the same time, protect the City in the event that something might happen to Channel 22. -- Councilmember Mackenzie commended the Committee and Staff for working very diligently with KRCB. City Manager Netter asked if the Committee would want to schedule another meeting to refine the agreement. Councilmember Flores agreed this would be beneficial and expressed there is a good possibility the Committee will be ready to make a recommendation at the May 26 City Council meeting. 12. WILFRED/DOWDELL SPECIFIC PLAN - UPDATE City Manager Netter reported this update was brought forth as an information item and recommended proceeding with preparation the Request for Proposals. Planning Director Schulenburg reviewed her report provided to the Council. She signified there is $65,000 budgeted, which is light for an EIR. She proposed reviewing options of having the EIR and Specific Plan prepared by an outside consultant, then returning to the Council with additional information. Staff schedules would have to be reviewed if this were to be done in- house. City Manager Netter noted that if this issue is to remain fast - tracked, outside services are needed. Councilmember Flores asked how many property owners would have difficulties with this Specific Plan. City Attorney Flitner responded only a small percent of owners may not be able to come up with the money. This is a matter of some negotiation and concern. Councilmember Mackenzie requested clarification on whether a full EIR would have to be prepared for the 24 acres. Planning Director Schulenburg responded it is unclear, at this point, whether a focused EIR can be done. In addition, a mitigation plan is necessary, and following LAFCO policy is a step. She has received informal advice that an acre for acre is a reasonable offer. City Manager Netter clarified LAFCO's policy to be no net loss of community separator area. Councilmember Mackenzie asked if there is a requirement for this to be reviewed by the Board of Supervisors. Planning Director Schulenburg responded, yes - -the County General Plan includes the Community Separator concept. There may be a possibility of asking for an exception. Councilmember Mackenzie wondered why an exception on mitigation would be requested. Planning Director Schulenburg responded LAFCO recognizes the uniqueness of this property being the only area in a city's sphere of influence and also in the community separator. Council concurred to proceed accordingly. AGENDA ORDER: Mayor Pro Tempore Vidak - Martinez advised that items would be moved forward on the agenda and handled at this time, due to the time being earlier than signified for scheduled items on the meeting's agenda, beginning with #14. Roht�tt ark: f 1 .... ... 12 },1 M 14. COUNCIL COMMITTEE REPORTS: 1) Canon Manor Committee (Mackenzie/Vidak- Martinez) *Specific Plan/Direction from Council Mayor Pro Tempore Vidak- Martinez noted she, personally, does not think a Specific Plan Area for Canon Manor is appropriate at this time. Councilmember Mackenzie commented he agreed that additional discussions are necessary before deciding to proceed with a Specific Plan Area for Canon Manor. Mayor Pro Tempore Vidak - Martinez responded they met with various representatives of Canon Manor, Miles Ferns of Santa Rosa Wastewater Project, Mike Thompson of Santa Rosa Water Agency; and James Downey of Penngrove Water Company. A LAFCO repre- sentative was invited but did not attend. Discussion included researching solutions for Canon Manor water service provisions. Councilmember Mackenzie noted he examined a proposal from the Penngrove Water Company to provide water service, which suggests upgrades and expansions. There are aspects to a private industry water company that make sense and the City would realize some benefits. Mr. Downey's proposal has been well researched and seems to be an appropriate solution for domestic water for Canon Manor residents. Mayor Pro Tempore Vidak- Martinez noted Staff should research alternatives and the Committee should discuss and provide a recommendation. Council agreed that the Committee would meet with Staff to review alternatives. 2) Founders' Day Committee (Mackenzie/Reilly) City Manager Netter referred to Public Works Manager Stephens for review of his staff report. Mr. Stephens reported that progress has been made with the parade, but not post - parade activities, and energy needs to be applied to that area. Councilmember Reilly suggested it might be best to direct energy to the parade, which is strongly supported by the Horsemen's Association, and see what other groups would be interested in post - parade activities. It was Council consensus that the Committee should concentrate on efforts of the parade, with comment that maybe non -profit organizations would get involved with other possibilities. 15. TRANSPORTATION matter: I ) Sonoma County Transportation Authority (SCTA) May !j, 1 938 meeting (Flores) Councilmember Flores reviewed his report distributed to Council on this meeting (copy attached to original set of these minutes). He reported, in terms of a successful election, SCTA feels reasonable assurance of efforts to develop passenger rail service is essential. He explained the various bills related to transportation throughout the state, which will greatly impact the community. He added it was the feeling of SCTA that more focus was necessary. 16. 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. 17. MATTERS FROMIFOR COUNCIL 1) Mayor's letter for League of California Cities' Proposal to fight reductions of Vehicle License Fees (VLF) -- City Manager Netter explained the draft letter provided for this item. Council concurred to send this letter prepared over the Mayor's signature to Assembly Member Kerry Mazzoni with copies to other legislators, as designated. 2) Laguna de Santa Rosa widening/Corp of Engineer's Permit processed 5/1/98 City Manager Netter referred to the letter dated April 28, 1998 provided to Council for this item, to Mayor Spiro from Congresswoman Lynn Woolsey. City Manager Netter reported that due to the letter writing campaign from the Mayor, a response was received and the permit is now issued. There has been extensive work on this effort for a number of years, and completion of the project is expected this summer. 3) Measure A exception (Vidak - Martinez) Mayor Pro Tempore Vidak - Martinez deferred her comments on this to item #13 listed later on the agenda of this Council meeting. 4) Closed Session discussions summarized in Open Sessions (Reilly) -- Councilmember Reilly reviewed concerns related to this item and asked the City Attorney to advise the parameters of what can be shared in Open Session on matters discussed in Closed Session. City Attorney Flitner explained aspects of attorney /client privilege of items reviewed in closed session which should not be released without Council concurrence. Final decisions are made public, after discussions are concluded and decisions are determined. The City Attorney responded to additional Council questions related to this matter confirming that no Councilmember should violate the sanctity of what is said in Closed Session.. He referred to possibilities available for the Council to consider which included: the example that Santa Rosa has an ordinance which provides for sanctions if confidential information is released; and, also, the Code of Ethics previously adopted in revised form by the Rohnert Park City Council. Councilmember Reilly signified it was his understanding that he could quote his own comments made in a closed session discussion, but it was not appropriate to share comments made by others. Discussion concluded upon Council concurrence to direct the City Attorney to prepare a memorandum for clarification of this item, and also, that it would be a good idea to review the City's Code of Ethics again. 5) City Manager's prior agreement /number of months of severance & current employment(Reilly) Councilmember Reilly shared that he wanted to clarify some statements that were made regarding the City Manager's contract which was approved at the previous Council meeting. He signified that the six (6) month severance provision, plus the ninety (90) day notice, was less time than the City Manager's prior contract which provided for fifteen (15) months because of the notice requirements therein. -- Discussion followed. 6) Electronic Communications Progress - update (Mackenzie) Councilmember Mackenzie signified his interest in a progress report from staff on this item. - -City Manager Netter advised that a Computer Technicians Committee of City Staff has been meeting regularly and an update would be provided to Council in the near future. -- Councilmember Mackenzie expressed appreciation to City Staff for efforts on this item and signified he was looking forward to the progress. 7) Local Government Commission (LGC) membership (Mackenzie) Councilmember Mackenzie commented that he thought the City was a member of the Local Government Commission through 1996. -- City Manager Netter advised this was deleted from. the budget because the $600 membership fee did not provide any additional benefits. -- Councilmember Reilly noted his concern is the traveling and travel expense involved, with information readily available in this electronic age. -- Councilmember Mackenzie signified he would like the City to join, but if not, he would join individually. -- Mayor Pro Tempore Vidak - Martinez expressed support of this membership. Upon motion by Councilmember Mackenzie, seconded by Councilmember Flores, and unanimously approved 3 -1 -1, with Councilmember Reilly dissenting and Mayor Spiro absent, to reinstate the City's membership with the Local Government Commission. 8) Mayors' and Councilmembers' Association General Membership Meeting, Thursday, May 14, 1998, 6:30 p.m., Cloverdale Wine and Visitors' Center Mayor Pro Tempore Vidak- Martinez announced this meeting. 9) Joint meeting with SSU Associated Students, Monday, May 18, 1998, 7:00 p.m., at the SSU Student Union -- Mayor Pro Tempore Vidak - Martinez announced this meeting. 10) General Plan Update Resolution 98 -69 Requesting Extension from the Office of Planning and Research (OPR) - Exhibits -- Councilmember Reilly stated he wanted to go over various parts of the exhibits to the OPR Extension of Resolution No. 98 -69 document regarding the General Plan and City Policies. -- City Manager Netter understood this would be discussed under City Attorney Flitner's OPR item listed later on the agenda. -- Discussion continued and concluded in Council direction to agendize this item for the next Council meeting. 11) Campaign signs -- Councilmember Reilly requested removal of campaign signs from the utility pole west bound at the railroad tracks and the right -of -way at Country Club Drive and Rohnert Park Expressway. RETURN TO AGENDA ORDER -- Mayor Pro Tempore Vidak - Martinez advised the Council meeting would return to agenda item # 13 for handling at this time. 13. ATTORNEY MARGARET SOHAGI LETTER-Measure A- Proposed Urban Growth Boundar Mayor Pro Tempore Vidak- Martinez noted there were speakers who wish to address this item. She asked City Attorney Flitner to first share his opinions. City Attorney Flitner advised the law provides that if a city cannot comply, it can apply for an extension. It was deemed wise to seek an extension, so the City would not be caught with a -I.- +t%.* ,1A I.. . .1 .i: TL] _L_ A(_ [7_L_ >>_' Yacua LLA"L ­­1A I­ vG VUL U1 %,UH1F1Ia1A U. IHIS 15 WIML NILS. 3dllag1 IC(it3IIlIIlelR U IU IJICVGIlt any challenge while being considered. Another concern was a potential attack on consistency regarding the City's land use plan, e.g., the City's shortage of sewage capacity, etc. Councilmember Mackenzie indicated, as a point of order, Council would have to believe the City Attorney. He asked the City Attorney to provide an opinion on the letter dated May 4 and added he had a question on an item which deals with the housing exception Mayor Pro Tempore Vidak- Martinez commented that her rationale was trying to understand why the housing exception needed to be included. City Attorney Flitner stated, with regard to housing, he understood Ms. Sohagi's intention to be, if there is an attack on housing, the City would have a stronger defense. Councilmember Reilly asked the City Attorney for an explanation on the meaning of "state- mandated housing obligations ". City Attorney Flitner responded this is an obligation for cities to provide low and moderate income housing. Councilmember Reilly asked if "providing housing for very- low - income households" should be included in the measure as a reason for expanding the UGB. City Attorney Flitner responded all elements should be included, and not just a focus on one element. PUBLIC COMMENTS: Mayor Pro Tempore Vidak- Martinez noted this is not a public hearing; however, two people would like to address this issue. She also advised that a letter to the City Council was received from Art Hollingsworth, Treasurer, Yes on Measure A, and read contents therein into the record as follows: The purpose of this letter is to introduce attorney Michael H. Zischke. Due to time constraints I am unable to attend your meeting this evening. However, given the extraordinary amount of inaccurate information that has been distributed by the opponents of Measure A, I felt compelled to enlist the services of Mr. Zischke to speak on my beha f in support of Measure A. Please extend to him every kindness and courtesy you would extend to me were I present to speak for myself. Mr. Zischke, an attorney with the San Francisco law firm of Landels, Ripley & Diamond, LLP, is a leading authority in the area of land use whose specialty includes a thorough understanding of S.E. Q. A. law. Mr. Zischke has read and evaluated the language in Measure A and 1 have invited him to make a statement and answer questions on my behalf about the erroneous and false statements being made by those whose interests collide with commonsense. During my tenure of service to the city, civic leaders moved heaven and earth in an effort to tell the truth when supporting or opposing a measure up for a vote before the citizens of Rohnert Park. I am alarmed at the boldness of Measure A opponents who have replaced truth with error in an effort to halt passage of a measure designed to benefit the children, teenagers, adults and seniors of our community. I am certain the voters who live and work and play in Rohnert Park, who read and understand the issues at stake will not be mislead by slick mailers carrying pictures of cheesy rats, crying "loophole, " "sham, " and "don't be fooled " The voters of this community are well -read, informed, and eager to participate in an intelligent debate which includes the facts - not pictures of rats. I support Measure A because it will give voters the flexibility to expand urban growth boundaries and allow for the careful, well planned, controlled growth essential to our economic vitality. I invite my fellow voters to carefully review the language of Measure A for themselves before marking their ballot on June 2nd. Thank you for your consideration, /si Art Hollingsworth Joi Losee, 943 Holly Ave, Rohnert Park, signified that the Council meeting minutes of April 28, 1998 should indicate that only one side felt there are loopholes in the measure. She suggested the City Attorney should provide opinions on matters for the City, not long - distance attorneys, and hoped to obtain a financial report on expenditures to date on this. Ms. Losee referred to a recent newspaper article by Jud Snyder and expressed concern on the portion of his article regarding "city unable to meet fair share housing needs ", that statements like this will only make people think there is a loophole, and raises questions, such as, if it does pass, will there be more houses? She requested the Council to keep it simple and to respond to questions regarding how many new houses will there be, and what the population and traffic impacts will be. She signified that she understood the Council will be able to make these decisions, rather than the vote of the people. Ms. Losee also referred to observing large campaign signs and asked if the City has any sign ordinances, as she would like this matter to be addressed. Attorney Mike Zischke, Law Firm of Landels, Ripley & Diamond in San Francisco, acknowledged that he was asked by Art Hollingsworth to look at Section 050 regarding exceptions of Measure A, to review the letter from Ms. Sohagi, and to analyze whether or not the exception applies to the city. Attorney Zischke commented on the importance of having this language in the measure for the following reasons: (1) The purpose of Section 050 is to protect the city and without it, the City would be subject to attack by someone looking to challenge a ballot measure. (2) The City must comply with state law and make findings on state mandated housing requirements. Measure A language is virtually the same as Measure N for this section, only more stringent, and this measure leads to compliance by allowing the City to meet its fair share of the regional housing need because RhieGrc.i4aginel s . :12 M 12,151 it is feasible to do so inside the current boundary. There is one difference, the current measure requires findings to be based on evidence, which makes it harder than the stipulations of Measure N, so Measure A is actually stricter than Measure N. (3) Government Code Section 65583 requires the city to identify housing needs and consider housing for all economic segments. A legal obligation needs to be reflected in this measure because this is a 20 year measure and future needs are unknown, at this time. Because the city has a measure, it is very important for this language to be included. Discussion ensued during which Attorney Zischke responded to various Council questions on aspects of his preceding comments. Further comparisons were made between the two measures A and N pertaining to Urban Growth Boundaries. Council shared differing views and concerns on the current Measure A and the previous Measure N. Councilmember Mackenzie referred to letter dated May 12, 1998 to Ms. Christa Shaw of Greenbelt Alliance, from the Law Firm of Shute, Mihaly & Weinberger, regarding the Interpretation of Housing Exception to Rohnert Park Urban Growth Boundary Ballot Measure. Rather than reading this letter into the record at this time, Councilmember Mackenzie requested this letter to be scheduled for review on the next Council meeting agenda, to provide equal opportunity with Attorney Sohagi's letter listed for review on tonight's agenda. Linda Branscomb, 943 Holly, expressed concern that, contrary to the previous gentleman's comments, she thought the measure should have low and moderate income housing. She also commented that there should be a televised debate on this issue sponsored by the League of Women Voters. Councilmember Reilly commented on Jud Snyder's editorial of last week and expressed agreement with the paragraph listing eight to ten questions on which this measure should be focused. Mr. Reilly signified that Measure N had a purpose and reviewed several reasons why Measure N worked and is working. Funds for public safety have not been cut and the Senior Center and sports fields have not closed, which were concerns previously predicted by former Councilmember Hollingsworth if Measure N passed. When the City Council could not come up with a plan, Van Logan had a plan and now, Measure A goes back to the boxes. Councilmember Reilly signified that if people voted for Measure N, it seemed to him they would vote no on Measure A. Other concerns still need to be addressed including traffic issues and low income housing needs, and the language could be included, similar to language previously provided for the school site. * C O R R E C T 10 N B E L O W from 5/26/98 City Council meeting. Per Councilmember Flores (deletion lined out/addition underlined) Councilmember Flores shared that all of us are very * te passionate and that Councilmember Reilly and he hold different positions on the matter. Mr. Flores advised his focus on the key issues of Attorney Margaret Sohagi's letter including the rationale of Section 050 for exceptions in that Council may make adjustments, if findings are based on substantial evidence. This is a very powerful statement with the conclusion that the exception does not allow a Council to proceed in other directions, but may only be extended if the city does not comply with signified state mandates. Councilmember Flores referred to an editorial in the May 3rd Press Democrat, which signified an important aspect to the opponents of Measure A that, as a practical matter, it is unlikely to permit the City Council to change the boundary. This is from our largest county newspaper. . Rial�ai'�C i'tie: Councilmember Mackenzie shared that he had considered reading the above - referenced editorial aloud and noticed that the headline was not read, which reflected that the problem is diversion of Measure A. Mr. Mackenzie commented on his previous reference to the Attorney's letter from Shute, Mihaly & Weinberger to Greenbelt Alliance, which he requested to be reviewed at the next Council meeting for an equal chance on this matter. Councilmember Mackenzie signified that Measure A is an end run around the process and is getting the cart before the horse. He shared that if people believe in the General Plan as a charter for growth and, if there are rights protected by the courts, as well as ABAG advice, then Measure N was drafted and passed by a vote of the citizens to allow us these four years to consider the various issues and concerns related to this matter. After the UGB measure was introduced, there was 390 acres which were dedicated to 595 houses, and according to the growth sheet handed out by the drafter, the population will increase from 39,000 to 52,000. Councilmember Mackenzie added that you do not find that in Measure A, but to establish a mixed use agricultural area, will have these results, as signified by SSU President Armanana from past experience when prices went up. Not only is there a loop hole in this measure, as review of the other above - referenced attorney letter will relate, but again, Measure A is the cart before the horse. Councilmember Mackenzie expressed further concerns related to the document that recently appeared before the Council on the request for extension of the General Plan Update and, also, the manner in which Measure A was introduced before the Community Summit was finished. Mr. Mackenzie commented that it might have been nice to ask us to help draft the UGB measure in the light of day using guidelines set out by state law. He signified that Measure A goes against all that we tried to do, when the people voted in favor of Measure N thirteen months ago. 'tC O R R E C T 10 N B E L O W from 5/26/98 City Council meeting: Per Vice Mayor Vidak - Martinez (addition underlined) Mayor Pro Tempore Vidak - Martinez signified that she would like to clarify that the Law Firm of Attorney Margaret Sohagi has been contracted by the City since 1989. The previous comments by Ms. Losee are true, that this firm specializes *in representing g ities in land use. This includes confirmation that UGB's cannot be changed without the vote of the people, which is something you would expect with any contract through the city, and the Council can only adjust a UGB to satisfy state mandates. It was also concluded that the city has met its fair share of other housing requirement, so the language in the measure would apply only to low income housing, but the letter proves there is no loophole and anything that is said otherwise, is untrue. Attorney Sohagi put that language in for the protection of the city, to keep the city from being sued, and is the reason for that. Everything must comply with state law. Mayor Pro Tempore Vidak- Martinez shared comments about LAFCO, and that as a new City Council Member, she appeared before LAFCO last November and was armed with resolutions from the Board of Education and the City. She discovered that the call was not ours, but LAFCO's, and the item she presented for consideration was turned down fiat. When Ms. Vidak- Martinez brought to LAFCO's attention the Measure A language for the protection of the city and allowances through necessary and beneficial reasons, she was told this was not true and that they had the last say. There were plenty of people available from our area that know what happened at that meeting. .a...... ::: . ; f M?>;198 Mayor Pro Tempore Vidak - Martinez commented further that Measure A has the same features of Measure N. It was proven by efforts to bring the school in with three votes, which did not happen. The city has had to turn away businesses that have wanted to come to this community, that needed 300 acres. No legal mechanism was *prevented provided under Measure N and is *prevented rop vided under Measure A, for the city's protection. Mayor Pro Tempore Vidak - Martinez signified that one of the most important features is the huge compromise which was brought forward by Councilmember Flores with the proposed UGB measure, followed by additional language brought forward by Ms. Vidak- Martinez, to respond to the items which were repudiated by Councilmember Mackenzie. She signified that the one thing she could not back down on, and felt was *ahselutien absolutely essential to the integrity of the City, and which she found disheartening, was that there has not been one step toward compromise on the part of the opponents of Measure A, but instead, we have received personal attacks, which has not been easy for us or our families. Mayor Pro Tempore Vidak - Martinez signified that Measure A provides a balance and she did think it was endorsed by people who supported Measure N. She shared that she honestly believed Measure A is good for Rohnert Park and also believed that this can only be by the vote of the people. Other things in the past have poisoned our City for so long, which has not been healthy. She would like for us to get past old wounds and ask what is good for the public and the City. As a City Council and a community, we need to work together. This was learned at the Community Summit. Ms. Vidak - Martinez disagreed with concerns expressed about limited public comments, as a staff member compiled a list showing that there had been at least fifty -three opportunities of public comments. She thought a good faith effort has been made and wanted to make sure there were no loopholes coming out of Measure A and this UGB. *C O R R E C T 10 N S ABOVE from 5/26/98 City Council meeting: Per Vice Mayor Vidak - Martinez (deletions lined out/additions underlined) Mayor Pro Tempore Vidak - Martinez signified that state law had to be considered and no UGB changes could be made without the vote of the people, and because the issue seems to be one of trust and she will not compromise the trust of our citizens, made a motion that the City Council agree with her preceding comments herein. -- Councilmember Flores expressed support of the motion. -- Councilmember Reilly recommended deferral of this motion to the next agenda for further consideration along with the OPR extension exhibits he requested earlier. Council concurred. AGENDA ORDER: Move to item # 18, City Manager's Report, as item #'s 14 -1 ? were moved forward and handled earlier on the agenda. 18. CITi' MANAGER'S REPORT: 1) Rohnert Park Stadium maintenance - Update - City Manager Netter referred to the staff report dated May 4, 1998 provided for this item and advised that Public Works Manager Stephens was present to respond to questions. Councilmember Flores asked if long -term capital improvements would be included. Public Works Manager Stephens responded, yes. 2) City Hall Alarm System - City Manager Netter referred to the staff report dated May 4, 1998 for this item, and noted the system was instituted to mitigate the problems with break ins. .. R1!rIt�*iiu�aelt.l► (5j .. Ms. 3) Library Project/Lease Agreement - Update - City Manager Netter reviewed the staff report dated May 5, 1998 for this project, which he noted hopefully, will be completed this summer. The Director has asked him to review the agreement. City Manager Netter is reviewing that lease. 4) EMS Redesign Project - Update - City Manager Netter referred to the staff report dated May 1, 1998 for this item and explained that EMS is asking for the City of Rohnert Park to continue to be included in the franchised service area. City Council concurred with Staffs recommendation for Rohnert Park to remain in the franchise area and be included in the Request for Proposal (RFP). 5) Summer Food Program - City Manager Netter referred to the staff report dated May 4, 1998 for this item and reported the program will be instituted this summer in conjunction with a partnership with the Boys and Girls Club and the City. -- Mayor Pro Tempore Vidak- Martinez requested a report on the children's portion of the food bank program. 6) PAC /CC /SC Campus Enhancements - City Manager Netter reviewed the staff report dated May 5, 1998 provided for this item. He noted recommendations have been made. The Committee will meet again and will prepare recommendations for the Council. 7) Personnel Recruitment - Update - City Manager Netter reviewed the staff report dated May 4, 1998 for this item which was provided for Council's information. 8) 1998 -99 Budget Calendar - City Manager Netter requested Council to review this item and advise on the convenience of the dates as proposed. Councilmember Reilly requested a list of those companies Vice Mayor Vidak- Martinez previously mentioned who had wanted to come to the City. 9) City Manager Netter advised two letters were received from representatives of Sister Cities from Hashimoto, Japan. Translations will be made and forwarded to the Council. 10) 2x2x2 Committee meeting - City Manager Netter reported the May 17 date may be an acceptable date for the next 2x2x2 meeting. Vice Mayor Vidak- Martinez and Councilmember Flores are representatives to this. If this meeting does not occur; the Mayors' & Councilmembers' meeting will still be held on that date. 11) City Manager Netter advised that the interior floor plan for the north end of the City Hall facility is now being reviewed, along with the previously discussed remodeling plans for the south end of the building, but not necessarily to expand or remove walls on the north end. -- Councilmember Flores commented on the need to replace Council Chamber chairs. I i 19. CITY ATTORNEY'S REPORT: 1) Any items from closed session- - City Attorney Flitner advised the Mayor Pro Tempore's report on this item was sufficient. 2) Legality of Resolution 98 -69 for General Plan - City Attorney Flitner reviewed his memorandum dated May 5, 1998 provided for this item, noting that Council adopted certain guidelines, and that he believes the resolution makes those findings and meets the requirements. Policy requirements on agendas were adequately complied with. If there was not adequate time for Council to review this, the item can be continued. Councilmember Mackenzie noted he agreed with City Attorney Flitner's memo. The issue is an extension was going to be requested but the process was not properly followed for exhibits. For example, once the extension had been requested, it was then the one that ruled. His reading of law is that once the OPR grants an extension, it is ruled by these exhibits. It is clear an extension of nine months was requested, but extended exhibits were to be part of that. City Attorney Flitner noted the resolution contained policies and procedures consistent with the General Plan. The problem could arise with any deviation - -any time the General Plan is going to be changed, there will be an interim period when the proposal is under consideration. Council can ask the OPR to review this issue. Councilmember Mackenzie expressed his concern that there was not an opportunity to hear public concerns on the matter. If a resolution has critical exhibits, the public should be given a full opportunity to review these. This is another example of not being properly informed. 20. ROHNERT PARK DISTRICT MATTERS. 1) Rohnert Park Community School City Manager Netter referred to plans on display and reviewed the staff report prov=ided for this item. He added a draft agreement was completed. Information received today will create changes in the leases. Language may be devised to provide a provision for buying the property in the future; as long as it leaves the discretion with the District. Policy has been not to waive these fees but this does not mean deferments or payments could not be considered, as flexibility is possible Councilmember Flores asked, if Council is supportive of the deferral, what is the scope? City Manager Netter responded it has been past practice to defer no longer than 3 years. Councilmember Flores noted this would be for children who have not been able to adjust to a particular public school environment. This involves several proposals including T's Academy, the Assistance Dog Institute. Council should be as supportive as possible, children will be from this community; and perhaps a five -year deferral is acceptable. ..? > t ... EXTEND COUNCIL MEETING: A motion was made by Councilmember Mackenzie, seconded by Councilmember Reilly, and unanimously approved, to extend the meeting past 10:00 p.m. to finish necessary agenda items. Councilmember Reilly suggested a three -year deferral, with reconsideration in three years. The City could decide to sell the land at any time. He is not sure that putting generic language does anything. -- Councilmember Flores asked if he would compromise with four years. Councilmember Reilly agreed to four (4) years. Council concurred to consider fee deferrals no longer than four (4) years. City Manager Netter noted the four -year deferral will not be put in the agreement but will outlined in a cover letter. Resolution No. 98 -01 Approving a Land Lease Agreement with Sonoma County Office of Education for Rohnert Park Community School Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, and unanimously approved, with Mayor Spiro absent, reading of the resolution was waived and Rohnert Park District Resolution*No. 98 -01 was adopted. 2) Assistance Dog Institute City Manager Netter reviewed the plans on display for this proposal. Also included for reference was the Eagle Golf proposal to fit into the lower area of the map. He recognized Bonnie Bergin in the audience and commended her presentation earlier today at AM Rohnert Park. He added Council needs to feel comfortable with various proposals and locations. He also spoke with Rev. Sam Tharpe today, who is still interested in the location. Councilmember Reilly recommended a service be offered and noted the large chunk of land for Eagle Golf may be considered for better use. Councilmember Flores noted the property could provide a fair market return, significant revenue, with the stadium being there, Eagle Golf was a very attractive idea. This could be a sound financial revenue for the City; recognizing the other projects are more community supported and not for revenues to the City. Councilmember Mackenzie asked if there was previous discussion on the highest and best use of land, and signified that a self storage shed is not the best use of the land. He would like to consider full commercial use of that space. City Manager Netter stated, based on 5% capitalization rate for Eagle Golf's proposal, the first few year's income of around $67,000 would be short by about 40 %. Many factors should be considered before Council considers this proposal. Staff will be looking at the proposal more carefully to determine its benefits and revenues. ... R artc:.cityV .. 3 tu.... > (ISl Ni .1 1 Mayor Pro Tempore Vidak - Martinez added the Assistance Dog Institute has been on the books for a while and other ideas have been discussed. Council worries about its fiscal responsibility to be good stewards. A good, thorough discussion of this has not occurred. At the same time, the Assistance Dog Institute has been considered for a long while. She supports that, but would like the rest to be considered. A motion was made by Councilmember Reilly, seconded by Councilmember Mackenzie, and unanimously approved, to direct staff to work with the Assistance Dog Institute and develop a draft lease for consideration. 21. UNSCHEDULED PUBLIC APPEARANCES: Mayor Pro Tempore Vidak- Martinez asked if there were any additional unscheduled public appearances at this time. No one responded. 22. MISCELLANEOUS matter: Councilmember Reilly referred to letter dated May 6, 1998 received from John Olaf Nelson of Water Resources Management, and signified there was no need to apologize for the time frame of the Toilet Replacement Program report provided at a recent City Council meeting. 23. ADJOURNMENT: There being no further business, Mayor Pro Tempore Vicki Vidak - Martinez adjourned the meeting at approximately 10:20 p.m. to 7:00 p.m., Monday, May 18, 1998 at Sonoma State University, SSU Student Union for a Joint Meeting with Associated Students of SSU, Inc. D ty C' Clerk jh/mins:o51298mn / - Mayor Pro Tempore City Of Rohnert Park From The Office Of Armando F. Flores, Councilman May 12 1998 Report Of The Sonoma County Transportation Authority Meetinq Of May 11, 1998 A. Projected November Sales Tax Measure To Benefit Multimodal Transportation The Authority voted to send a letter requesting a strong focus for both highway widening and passenger rail development. A broad base coalition is necessary for success and railway supporters must see a partnership. B. Pending Legislation City Councils' are asked to take positions to strengthen the possibility of funding to benefit our region. I request Council consideration at our May 26th meeting. 1. AB 1776, Sb1723, SB2001 Seek to eliminate Vehicle License Fees. All mean loss of revenue to local government. 2. AB 1686; AB 2035, AB 2395 Provides for soundwall funding The major beneficiaries would be in southern California. a.' Southern California= $125 Million b. Bay Area - $8 Million The net result would be less money for our regions' projects. 3. AB 2140 Requires specified computer modeling studies for High Occupancy Vehicle (HOV) lanes. The studies are not necessary and reflect micromanagement. Also, presently approved HOV lanes would require additional study.