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1990/05/15 City Council Minutes� a Vf,2. Rohnert Park City Council Minutes Nay 15, 1990 The Council of the City of Rohnert Park met this date in adjourned regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Pro- Tempore Eck presiding. Mayor Pro- Tempore Eck called the adjourned regular session to order at approximately 7:04 p.m. ROLL CALL Present: (4) Councilmembers Cochran, Hopkins, Spiro and Mayor Pro-Tempore Eck Absent (1) Mayor Hollingsworth (out of town at a company conference) Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Planning Director Skanchy, Assistant to the City Manager Leivo, and Director of Performing Arts Center Grice. Lhscheduled Public Appearances Mayor Pro - Tempore Eck stated that in compliance with State Law (The Brown Act), anyone in the audience who wished to make a conment may do so at this time. No one responded. Planning and Zoning File No. 1399 Planning Director Skanchy said that a Public Hearing was scheduled at this time regarding File No. 1399 - Jimmie Rogers application to rezone a 1.6 acre+ parcel from A (Agricultural) District to C -N: P -D (Neighborhood /commercial planned unit development) District. Referring to a General Plan map on the wall and to the Planning Staff Report, W. Skanchy explained the matter. He advised that the Planning Commission recommended approval. Planning Director Skanchy said that this application was included in the process of updating the General Plan and confirmed that it is in conformity with the General Plan. Public Hearing Mayor Pro-Tempore Eck opened the scheduled public hearing regarding File No. 1399. Jimmie Rogers, 101 Golf Course Drive, said he was here to answer any questions regarding this application. He responded to Council question that there has been no attempt to market the area to this point because it was premature to do so without the zoning change. Rohnert Park City Council Minutes (2) Nay 15, 1990 Harvey Bell, 700 Lindsay Avenue, said he did not object to something being built in the referenced area but asked chat is being done in terms of CEQA compliance, does the General Plan have this area zoned commercial, what will the impact be, and has the EIR fully been done? George Horwedel, 7669 Camino Colegio, asked what type of businesses were planned for this area. Council agreed that this was not a concern to be dealt with at this rezoning time, but confi that as long as it is consistent with the zone, various type businesses could to established in this area. Dave Mochel, 4405 Hollingsworth Circle, distributed copies to Council of his letter dated May 15, 1990 regarding File No. 1399 for Jimmie Rogers and File #1400 (the next item on tonight's agenda) for Condiotti Enterprises (copy attached to original set of these minutes) and shared the contents therein regarding his request to City Council to deny both of these rezoning applications. There being no one further desiring to speak, Nbyor Pro - Tempore Eck closed the Public Hearing. CORRECTION FROM 5/22 meeting: City Attorney Flitner responded Discussion followed during which Mayor Pro- Tempore Eck said to question from Council regard- further clarification was needed regarding the time line of ing Planning Conrnission's con- this matter as related to the General Plan. sideration of this matter prior to approval of the General Plan. City Manager Callinan responded that this application was He said it is in conformance to made part of the General Plan process as the Planning the law since the Planning Com- Commission felt it would not be appropriate to handle it mission functions as an advisoryprior to the General Plan update. Therefore, it was board and the application is not specifically handled during the General Plan update process. approved until City Council acts The applicant went through the formal rezoning application on it. and the request is cons i ster�t with the recent i y adopted General Plan. ordinance No. 523 AN ORDINANCE OF THE CITY OF ROHNERT PARK ANE10ING TITLE 17 OF THE ROHNERT PARK rvLUICIPAL CODE ZONING NAP CHANGE - CITY OF ROHNERT PARK PLANNING FILE NO. 1399 City Manager Callinan explained the ordinance. Upon motion by Councilman Hopkins, seconded by Council - member Spiro, and unanimously approved, reading of the ordinance was waived and Ordinance No. 523 was introduced. File No. 1400 Planning Director Skanchy said that a Public Hearing had been scheduled at this time regarding File No. 1400 - Condiotti Enterprises application to rezone a 5 acre+ portion of a 32 acre parcl from RM: 2000 PD (M.zltiple- Family Residential Planned Lhit Development) District to CN: P -D (Neighborhood Commercial Planned Lhit Development) District. Referring to a General Plan map on display and the Planning Rohnert Park City Council Minutes (3) May 15, 1990 Staff report, he explained the matter. He advised that the Planning Commission recommended approval and that this change was included in the General Plan updating process. A discussion was held concerning the input received by staff from Sonoma State University concerning this matter and the suggestion in the General Plan for a University Related Zone. During the discussion, it was suggested that if the City refers plans for proposed development on the City near the University to the University for review and comment that the University should refer plans for development on its campus to the City for review and comment. It was suggested that the City host a dinner meeting at which the City Council could discuss matters of mutual interest with the University President and his cabinet. Public Hearing Mayor Pro - Tempore Eck opened the scheduled public hearing regarding File No. 1400. Jimmie Rogers, 101 Golf Course Drive, said he was available to answer any questions regarding this matter. George Horwedel, 7669 Camino Colegio, said there is limited land in the referenced area that should be going to student housing, but a nice shopping development would also be satisfactory. Harvey Bell, 700 Lindsay Avenue, said he wanted to make certain, as with the previous application, that a full EIR study would be done. There being no one further desiring to speak, Mayor Pro - Tempore Eck closed the public hearing. Discussion followed. Ordinance No. 524 AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 17 OF THE ROHNERT PARK M NICIPAL CODE ZONING MAP CHANGE - CITY OF ROHNERT PARK PLANNING FILE NO. 1400 City Manager Callinan explained the resolution. Upon motion by Councilman Cochran, seconded by Council - member Spiro, and unanimously approved, reading of the ordinance was waived and Ordinance No. 524 was introduced. Councilm n Hopkins Leaves Councilman Hopkins left the Council Chambers at approximately 7:38 p.m. Discussion followed during which Council concurred that City Manager should make arrangements for a joint dinner meeting with the President of Sonoma State University and his cabinet. Rohnert Park City Council Minutes (4) May 15, 1990 Counci limn. Hopkins Returns Councilman Hopkins returned to the Council Chambers at approximately 7:40 p.m. Redwood Dr. Widening Mayor Pro - Tempore Eck queried if it was still necessary to defer the Redwood Drive widening Project No. 1986 -18 which was continued from the April 24th meeting awaiting the Judge's ruling. City Attorney Flitner responded that Council no longer needed to defer this matter for two reasons_ 1) the General Plan has been adopted; 2) though the Court ruling is not officially in hand, Judge Sawyer's secretary advised that the Court ruled in favor of the City stating that this was an exempt project. City Manager Callinan recommended that the Council defer this matter to the next Council meeting so that the East Cotati Avenue Islands could be added to the pro- ject and handled at the same time under one contract._ Council concurred. Resolution No. 90-102 A RESOLUTION APPROVING AN AGREEN= TO GRANT AN OPTION FOR AN EASEN= TO PG&E AT WILFRED AVENUE City Manager explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, reading of Resolution No. 90 -102 was waived and said resolution was adopted. Performing Arts Center City Manager Callinan explained that Council had been provided with copies of the following items regarding the Dorothy Rohnert Spreckels Performing Arts Center: 1) Endowment Fund Campaign Mid -Point Review dated May 3, 1990 from Community Counselling Service Co., Inc. (CCS); 2) Foundations Report from Conumitiy Counselling Service Co., Inc.; 3) Time Table regarding reception of major gifts and related matters; 4) Endowment Fund Campaign Solicitation Phase; and 5) two resolutions for consideration regarding a Development Director and a Technical Services Agreement. He said that CCS has done a good job to date but money could be saved for the City at this point in time by filling the positions as recommended by the above- referenced resolutions for consideration. Discussion followed during which it was confirmed that Council Committee Members Eck and Spiro met with staff and representatives of Community Counselling Service regarding this matter. The Council Committee agrees with the recommendation to release CCS from further involvement, although concerns were expressed regarding the ability to Rohnert Park City Council Minutes (5) May 15, 1990 sustain the momentum as developed by CCS and the time involved to fill the recommended Development Director position. Director of Performing Arts Center Grice explained the logic and proposed procedure of implementation to extend the second phase of the campaign another six weeks and then go into the third phase which allows ample time to fill the recommended position. Further discussion followed regarding possible binding of legal obligations to CCS. Confirmation was given by staff that there is no legal obligation to retain the services of CCS beyond the expiration date of the contract which is July 1st, 1990, and that services from CCS beyond this point are understood by both parties to be strictly on a week to week basis. Upon motion by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the Council terminated the use of Community Counselling Service Co., Inc. Resolution No. 90-103 A RESOLUTION AUTHORIZING AND APPROVING THE POSITION AND JOB DESCRIPTION OF DEVELOPM[Wr DIRECTOR FOR THE PERFORMM ARTS CENTER City Manager Callinan explained the resolution. Upon motion by Councilman Hopkins, seconded by Council - member Spiro, and unanimously approved, reading of Resolution No. 90 -103 was waived and said resolution was adopted. Resolution Nom 90-104 A RESOLUTION APPROVING AGREEMENT WITH JAMES BRIGHTWOLF TO PROVIDE TECHNICAL SERVICES FOR FISCAL YEAR 1990 -91 AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER City Manager Callinan explained the resolution. Upon motion by Councilmember Spiro, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 90 -104 was waived and said resolution was adopted. Commmications Commmications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Mayor Pro - Tempore Eck referenced item No. 16 on the Communications list from Charles Thomson regarding Richard Crane Elementary School playing field and asked how the City is handling the matter. Rohnert Park City Council Minutes (6) May 15, 1990 City Manager Callinan said the Parks and Recreation Commission had a public hearing on the school's playing field concerns and a plan has been worked out that is considered satisfactory to the neighbors and the school. City Ainager's Report: Population. City Manager Callinan explained that copies had been provided to Council of the January 1, 1990 population estimates of Sonoma County cities and shared the contents therein. He pointed out that Rohnert Park's population of 34,878 was an annual percentage increase of 5.33% and noted that the unincorporated areas are keeping pace with the incorporated areas. Tree Planting City Manager Callinan said staff would like authorization to use $10,000 out of the City's Reserve for Capital Improvements and Infrastructure Maintenance and Improvements to implement a tree planting program for neighborhood beautification. Upon nation by Councilman Hopkins, seconded by Councilmember Spiro, and unanimously approved, the Council authorized using $10,000 of the City's reserve to implement the tree planting program as recommended by staff. Discussion followed in which Councilman Cochran expressed concern regarding trees planted along the freeway frontage of Commerce Boulevard blocking the views of businesses on Commerce Boulevard and said he wanted to make sure that landscape plans for tree planting comes before the Council before implemented. Councilman Eck said some of the connifer trees have died along the bike path and need to be replaced. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, directing staff to prepare a plan of the trees planted on Commerce Boulevard and report back to the Council. Bodway Parkway City Manager Callinan referred to map on the wall pointing out the location of Bodday Parkway and said regarding previous agreements of Rohnerts and Hewlett Packard to split the cost, the conditions of approval are pending due to a dispute with Hewlett Packard concerning paying for the roadway. A meeting is being planned with the Rohnerto' representatives and Hewlett Packard representatives regarding this matter. Rohnert Park City Council Minutes (7) May 15, 1990 Roberts Lake Road City Manager Callinan said the Roberts Lake Road project is finished and asked if Council wanted to have an official opening and dedication. Discussion followed in which Council concurred that there should be an official opening for Roberts Lake Road and directed the City Manager to work with the Mayor in setting a date for the occasion. Community Cleanup Week City Manager Callinan referred to list of items collected during Commuity Cleanup Week and shared contents therein. Traffic lights Councilmember Spiro requested that the stop lights at the corner of State Farm Drive and Rohnert Park Expressway be checked as the left hand turn going west on the Expressway seems to be out of synchronization. City Attorney's Report: City Attorney Flitner said there were litigation matters that needed to be discussed in closed session following tonight's meeting. Council concurred. He said the MAJale Bros. lawsuit has been settled, the Harris lawsuit is scheduled again for July, the Sierra Club lawsuit has been resolved, and an update on the Nbbile Home Rent Control lawsuit will be given in the closed session. I-ohtters from Council: Mayor Pro- Tempore Eck said the dinner meeting for the Mayors' and Councilmembers' Association of Sonoma County on May 10th at the Performing Arts Center went very well. Councilmn-ber Spiro said rules needed to be more stringent and signs posted regarding the restriction of food and drink inside the Performing Arts Center's main theatre. Councilman Hopkins confirmed he would be attending the League of California Cities Redwood Empire Division meeting on May 19th in Trinidad, California. City Manager Callinan said the joint meeting with Parks and Recreation Commission is scheduled at the Red Lion Inn on June 5th at 6:00 p.m. Cultural Arts Councilman Cochran said there are complications with different individuals being on the Cultural Arts Commission and on the Board of the Rohnert Park Cultural Arts Corporation. Maetings with both entities have led to his recommendation that the memberships be set up similar to the Conmanity Development Agency and the City Council with a set number of members being the same individuals for both entities. Rohnert Park City Council Minutes (8) Ngy 15, 1990 Discussion followed in which City Attorney Flitner confirmed that the Cultural Arts Corporation is a separate non - profit corporation established with the State and that the City does not have the authority to make appointments as with the other City commissions. Recommendations of the Council could be made for consideration, but the Cultural Arts Corporation would have to change its by -laws and make its own decisions. Lhsdeduled Public Appearances NRyor Pro - Tempore Eck asked if anyone in the audience wrished to make an appearance at this time. 'George Horwedel, 7669 Camino Colegio, said he has been talking with residents in various trailer parks who would like the Council meetings to be televised. He asked if televising Council meetings could be an agenda item for the next Council meeting since Fran Parkey of M.iltiVision has told him it could be done at no charge to the City. Discussion followed regarding discussion of this matter at previous greetings, other factors to consider besides the expense of televising, and confirmation by City Attorney that a motion would be necessary to reconsider the matter since previous action was taken by the Council. A motion was made by Councilman Cochran, seconded by Nhyor Pro - Tempore Eck, and unanimously approved to reconsider televising Council greetings and to place this item on the next agenda for discussion. -*� ^ / l May 15, 1990 The Mayor and City Counci( Members City of Rohnert Park' CA RE: file - Jimmie Rogers - rezone 1.6 acres @ S.W. corner of E. Cotati Ave. & Maurice Ave. file #1400 - Condiotti Enterprises - rezone 5+ acres on E. Cotati Ave. adjacent to Canon Manor T t here are at least f��� reasons o deny both of these two rezoning applications: (l) The General Plan update has just been completed. City officials, staff, and citizens spent many hours reviewing development plans to guide future growth. This was the time for requesting zoning changes, but the applicants never came forward to do so. It insults the General Plan process and those who worked on it for the applicants to avoid General Plan scrutiny by coming in now. The applicants had ample opportunity during the update process to request rezoning. It stretches credulity for the applicants to ask us to believe they had no idea during months of the review process that their desire to rezone materialized only after the process was completed. (2) What the appiicants ar,e seeking is rezoning for strip development - - the type of piecemeal commercialization of neighborhoods that has occurred in the past along roadways all over California where there was little or no urban planning. E. Cotati Ave. will begin to look like S. Santa Rosa Ave. if rezoning for more strip development is allowed. This is exactly the type of Visual blight that our General Plan seeks to avoid thfbugh planned zones for commercial use. In fact, the City already has an abundance of undeveloped commercial zoning, and this is where new commercial development belongs. (3) There is no overriding benefit to the citizens of R.P. to justify rezoning. In exchange for gaining a little shopping convenience, rezoning would permit conditions that result in added noise, odors, litter, traffic congestion, graffitti, vandalism, aesthetic degredation of the neighbor- hood and other consequences not wanted by area residents. (4) In contrast to providing benefits to citizens, the main beneficiaries of this rezoning appear to be the real estate speculators. They bought the land on a gamble they could make big profits through residential development. But for now they can't do anything with the land, unless they can talk R.P. into rezoning it for commercial development. Why should we do such a big favor for speculators, though; we wouldn't bail out any other gambler who took a bad risk. Please keep these four points in mind as you vote on the two rezoning applications. This vote is the first test of the City Council's resolve to implement the principles stated in the General Plan. Do not allow our community to be "Los Angelesized" a piece at a time - - vote no on rezoning! Respectfully t d Dave Mochel 4405 Hollingsworth Cir. Rohnert Park - 2 -