1998/11/24 Community Development Commission Minutes Community Development Commission of
The City of Rohnert Park Minutes
November 24, 1998
The Members of the Community Development Commission of the City of Rohnert Park
met this date immediately after the City Council meeting at approximately 10:50 p.m in the
City Offices, 6750 Commerce Boulevard, Rohnert Park, with Chairperson Spiro presiding,
1. CALL TO ORDER: Chairperson Linda Spiro called the Community Development Commission
to order at approximately 10:50 p.m.
ROLL CALL Present: (5) Commission Members Flores, Mackenzie, Reilly, Vidak-Martinez,
and Chairperson Spiro
Absent: (0) None
Staff present for all or part of the meeting: Executive Director/City Manager Netter,
Assistant to the City Manager Leivo and City Attorney Flitner.
2. APPROVAL OF MINUTES: Upon motion by Commission Member Mackenzie, seconded by
Commission Member Vidak-Martinez, minutes of November 10, 1998 were unanimously
approved as submitted.
3. APPROVAL OF BILLS: Upon motion by Commission Member Mackenzie, seconded by
Commission Member Flores, the bills presented per the attached list in the amount of
$5,392 00 were unanimously approved.
4. ACCEPTANCE OF CASH/INVESTMENTS REPORT FOR MONTH END, October 31, 1998
Upon motion by Commission Member Flores, seconded by Commission Member Vidak-
Martinez, acceptance of the Cash/Investments Report for Month End, October 31, 1998,
was unanimously approved as submitted.
5. ACKNOWLEDGING EXECUTIVE DIRECTOR/SECRETARY'S REPORT:
The Executive Director/Secretary's report on posting of the agenda was acknowledged.
5. UNSCHEDULED PUBLIC APPEARANCES:
Chairperson Linda Spiro 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. BURBANK HOUSING DEVELOPMENT CORPORATION - Predevelopment & site acquisition
Executive Director Netter referred to the staff report provided for this item and reviewed
reasons for recommending deferral until the entitlement process through the Planning
Commission is complete which, in this case is by use permit. Mr. Netter signified that even
though they have the potential of being zoned from residential to overlays on commercially
zoned parcels, and as signified earlier this evening by Planning Director Schulenburg that the
process is on the fast track with General Plan amendments for the necessary zoning, he
did not recommend approval of this item until the entitlement process is completed. He
advised that Burbank Housing representative, Nick Stewart, was present at this meeting.
Commission Member Vidak-Martinez requested Mr. Stewart to comment on their request.
Community Development Commission of the City of Rohnert Park Minutes ( 2 ) November 24. 1998
Nick Stewart of Burbank Housing responded to Commission questions which included
reviewing aspects of the difficulty of coordinating a site such as this and dealing with four
separate landowners with concerns about needing a date certain to close contracts. They
preferred to engage in meetings with surrounding communities to invite feedback, which is
integral to the process, so the use permit process might be counterproductive. They feel very
strongly about needing to proceed and the project could be jeopardized by postponing it.
Mr. Stewart commented on the matter of policy consideration and the presentation he made
at the Council workshop this past September with review of the funding process and
entitlement process being different issues, particularly related to zoning issues. This included
aspects of which way meets community goals. The proposals of all four landowners are
consistent with the General Plan, so to determine which way is the best process is relevant.
They were not going to put the city in a position of compromise with regards to Article 34 of
California's Constitution. To their knowledge there is no other requirement in other cities
for anything greater than zoning and, if a project has not been properly zoned with the use of
city funds, they have received re-zones. The concerns are a very valid situation but that is
what they are addressing. Mr. Stewart signified that they do think it is a legitimate policy
consideration of the Community Development Commission at this time, however, urged the
Commission to act in favor of the resolution at this time.
Discussion included comments as follows.
•Commission Member Vidak-Martinez expressed appreciation with Mr. Stewart's comments
about the public input, as well as the concerns expressed about proceeding with the fast
track, but as signified by a number of people earlier today that there is less than 1% vacancy
targeted at low income housing in the community, if this will allow that to move forward,
she would support doing so. Ms. Vidak-Martinez signified the understanding that these
funds are set aside for this use.
*Commission Member Reilly referred to the past support of the city for Burbank Housing
projects and requested staff to summarize briefly again why staff recommends waiting, due
to not wanting to get involved with a delay that might result from legalities.
•Executive Director Netter confirmed it is based on a possible legal issue and the deferral is
recommended subject to the entitlement process being completed through of the Planning
Commission, as they currently do not have a use permit issued, which is required in these
commercially zoned parcels.
'City Attorney Flitner reviewed the comparison of concerns he was aware of in assessment
districts and shared the example of Santa Rosa dealing with the consequences several years
ago for predetermination. He did not know if that is the case with this situation but it may
be similar. It may be safer to wit for use permit approval, then approve the funding.
*Commission Member Mackenzie asked if this is an emergency matter as this is exactly the
sort of thing they want to see happen and, basically, the Commission Members are saying
that infill is important, affordable housing is important, and agree with the beneficial aspects
of the Burbank Housing projects. He asked about the possibility of the Planning
Commission having an urgency meeting, due to the concerns expressed by Mr. Stewart
related to the timing factors for the landowners.
'Nick Stewart responded that they have been in and out of discussions on the commercial
zone and are being pressed for a date certain. There is plenty of time to go through the
process and they have an agreement on the date of February 15th. He did not know how to
assess the alternative answer to these parcels, but the landowners are considering the
process and need to arrive at a date certain.
Community Development Commission of the City of Rohnert Park Minutes ( 3 ) November 24. 1998
•Councilmember Flores asked Mr. Stewart how he felt about staffs recommendation
presented by City Manager Netter regarding the alternative for a use permit in the interval.
•Mr. Stewart responded that he felt the support of the Commission but did not know how
the compromise proposal would play out.
•Executive Director Netter explained that staff was proposing a possible alternative that
Burbank Housing submit an application for a conditional use permit for the basic number of
units to the Planning Commission at its meeting of December 10th including a site plan
subject to conditions. This would have to be cleared with Planning Director Schulenburg.
Then Burbank Housing could proceed with its community outreach, etc., and the City to be
covered from a legal standpoint. Then, since there is a City Council meeting scheduled on
December 16th, a CDC meeting could possibly be scheduled prior to the Council meeting
on that date for further consideration of this item. Council concurred.
*Mr. Stewart responded that this sounds very dynamic and expressed appreciation to the
Commission for the consideration.
8. FIRST TIME HOMEBUYER DOWNPAYMENT ASSISTANCE PROGRAM
Executive Director Netter explained the staff report provided for this item with
recommendation to terminate the 97% Loan Pool Program and apply $250,000 towards the
First-Time Homebuyer Downpayrnent Assistance Program with maximum loans of $10,000
per household for 24 or more loans, with the program to be effective from the date of
adoption through June 30, 2000, or whenever funds are expended, or the program
terminated. Mr. Netter introduced Shelly Decker, representative First Security Loan
Corporation for this program, who was present at this meeting. Ms. Decker reviewed
beneficial aspects of the program and responded to Commission questions.
Resolution Nos:
98-08 Finding that the Proposed First Time Homebuyer Down Payment Assistance Program
will be of Benefit to the Rohnert Park Redevelopment Project Area
98-09 Approving and Authorizing Execution of an Agreement with First Security Loan
Corporation to Provide a First Time Homebuyer Downpayment Assistance Program
for Residents of Rohnert Park
Upon motion by Commission Member Mackenzie, seconded by Commission Member Flores,
and unanimously approved, reading was waived and Resolution Nos. 98-08 and 98-09 were
separately and consecutively adopted.
9. MISCELLANEOUS STAFF REPORTS: None.
10. MATTERS FROM COMMISSION MEMBERS: None.
11. ADJOURNMENT:There being no further business, Chairperson Linda Spiro adjourned the
meeting at approximately 11:24 p.m.
i //
Juau� 1►eputy `f retary
Linda Spiro, hairper on
IhInnr 112498ed