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1992/07/14 City Council MinutesRohnert Park City July 14, for 1992 -93 Budget Council Minutes 1992 Work Session The Council of the City of Rohnert Park met this date in regular session commencing at 5:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, California with Mayor Spiro presiding. The purpose of this earlier start time was to continue with the budget work sessions and to meet with various non - profit groups. Call to Order Mayor Spiro called the regular session to order at approximately 5:00 p.m. Roll Call Present: (4) Councilmembers Eck, Hollingsworth, Hopkins and Mayor Spiro Absent: (1) Councilmember Reilly Staff present for all or part of the meeting: City Manager Netter, Finance Director Harrow and Assistant to the City Manager Carl Leivo. 1992 -93 Budget The first non - profit group scheduled for presentation was the Rohnert Park Volunteer Center. They were not present, so the Council invited the Family Service Agency to make its presentation. Representatives from the Family Service Agency explained the services provided to Rohnert Park citizens and informed the Council that last year, there were approximately 198 Rohnert Park citizens who used the services with 28 receiving grant funds. The program includes direct client counseling for low- income individuals and the requested amount of $3,500 would be for approximately 100 hours at $35 /hour. The Council inquired of the statistics in previous years and recommended future proposals should include past usage of funding with the number of Rohnert Park individuals assisted. Council indicated that this request would be taken under advisement and the the Family Service Agency will be notified in the near future of Council's decision for funding. The California Parenting Institute was invited in to make its presentation. Robin Bowen introduced herself and explained her program. Council asked various questions with answers being supplied by Mrs. Bowen. 1 Rohnert Park City Council Minutes - July 14, 1992 MOTION Upon a motion by Vice -Mayor Hollingsworth, seconded by Councilmember Eck and unanimously approved with Councilmember Reilly being absent, $500 funding was approved to the California Parenting Institute. The Rohnert Park Volunteer Center was invited in. Ms. Donna Gallagher representing the Rohnert Park Volunteer Center made a brief presentation for its request of $2,500 to be used as seed money for fundraising purposes. Ms. Gallagher indicated that Leadership Rohnert Park may be the organization spearheading the Volunteer Center or it might be another group. She indicated that office space and utilities would be requested from the Community Outreach Program and she has talked with Kathy Vander Vennet and has received the necessary forms. The Council had various discussions on the role of the Volunteer Center and how it interplays with the Recreation Department and Performing Arts Center's volunteers. It was the consensus of Council that before funding is approved for the Rohnert Park Volunteer Center, the group that would spearhead this endeavor must be identified. City Manager Netter indicated he received a letter from Ralph Jones, Chairman of the Homeless Prevention Group, requesting $5,000 to support the Homeless Prevention Group in making loans to Rohnert Park residents to prevent evictions and to assist those in need to qualify for non - interest loans. Council had general discussion on the success of the program over the past two years. MOTION A motion seconded approved, to apprc Community Funds. was made by Vice -Mayor Hollingsworth, by Councilmember Eck and unanimously with Councilmember Reilly being absent, gyve the $5,000 funding through the Development Agency's Housing Set -Aside ADJOURNMENT There being no other groups to be interviewed at this time, the Mayor adjourned the meeting at approximately 5:45 p.m. a or ity M ager, er Rohnert Park City Council Minutes July 14, 1992 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 Spiro presiding. CALL TO ORDER Mayor Spiro called the regular session to order at approximately 6:25 p.m. and led the pledge of allegiance. Mayor Spiro said the previously scheduled 1992 -93 Budget Work Session was held at 5:00 p.m., prior to tonight's regular Council meeting, to review various non - profit groups. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss litigation matters, personnel matters and real estate negotiations. She said no action cNas taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy, Director of Public Works /City Engineer Brust and Finance Director Harrow. Approval of Minutes Upon motion by Councilmember Hopkins, seconded by Council - member Eck, the minutes of June 3, 4, 10, 17 and 23, 1992 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, the bills presented per the attached list in the amount of $1,762,892.46 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Items items to add to the agenda. Councilman Eck said he had one item to discuss regarding the comrunity promotion part of the Wine Center. City Manager Netter said he had two items to add under City Manager's Report. Mayor Spiro said she had one item. Rohnert Park City Council Minutes (2) July 14, 1992 Uischeduled Mayor Spiro stated that in compliance with State Law (The Brown Act), Public anyone in the audience who wished to make a comment may do so at this Appearances 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. Beverly Fenderson, 300 Enterprise Drive, said she and her husband, Roger, were Managers of the Altamont Apartments of Pine Creek Properties. She read letter of appreciation from Pine Creek Properties expressing appreciation to Council and City staff for recent support and assistance to obtain permanent financing for the adult community complex. Mrs. Fenderson referenced Council support of Sonoma County Associates for Youth Development (SCAYD) at the previous Council meeting and said she was here tonight, on behalf of Pine Creek Properties / Altamont Apartments, to present a check in the amount of $10,000 for SCAYD on behalf of the City to replace the $10,000 previously approved by the City in its support of the program. Mrs. Fenderson said the complex is almost 97% occupied as of today; reviewed various complimentary aspects of this affordable housing provision for seniors, as well as cooperative attributes of the owners; explained background of herself and her husband's experience with seniors; and said she hoped Council was as proud of the adult project as they were to work there. Discussion followed during which Mayor Spiro expressed appreciation to the Fenderson's and owners of Altamont Apartments on behalf of the Council. She said, normally, the City does not handle money for private agencies, and that the check should be given directly to SCAYD from the donors on behalf of the City. Councilman. Eck recommended the Fenderson's comxnmicate with the City Manager on the distribution of funds. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Mamo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 92 -112 RESOLUTION COMAENDING JAMES H. GREEN ON THE OCCASION OF HIS RETIREMENT Resolution A RESOLUTION OF THE CITY COLUCIL OF THE CITY OF ROHNERT PARK REJECTING No. 92 -113 THE CLAIM OF WRIO A. GALLARDO Resolution A RESOLUTION APPROVING AND RATIFYING AN AMENDMENT TO THE AGREBT No. 92 -114 BETWEEN THE CITY OF ROHNERT PARK AND CITY ATTORNEY JOHN D. FLITNER FOR SERVICES TO BE PROVIDED TO CITY Rohnert Park City Council Minutes (3) July 14, 1992 Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -115 REAFFIRMING AND AUTHORIZING THE COUNTY OF SONOMA HEALTH OFFICER TO CONTINUE TO ENFORCE ORDERS, REGULATIONS AND STATUES IN THE CITY OF ROHNERT PARK Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Ordinance AN ORDINANCE, AMENDING SECTION 3 OF ORDINANCE 53 AND SECTION 3.23.030 No. 561 OF THE ROHNERT PARK M- IICIPAL CODE RELATING TO AM.Wr OF TRANSIENT OCCUPANCY TAX City Manager Netter explained the ordinance which was introduced at the previous Council meeting of June 23, 1992. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Ordinance No. 561 was waived and said ordinance was adopted. Ordinance AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, No. 562 SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of construction Index) City Manager Netter explained the ordinance which was introduced at the previous Council meeting of June 23, 1992. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Ordinance No. 562 was waived and said ordinance was adopted. Scheduled Public Appearances: Founders Days Association - City Manager Netter explained that time had been scheduled on tonight's agenda for members of the Founders Days Association to report on the success of the recent 4th of July Founders Day Birthday Event held at the Stadium and to discuss upcoming Founders Day festivities. Discussion followed complimenting the success of the July 4th event with fireworks and confirmation that many calls were received regarding same. In order to sustain the fireworks presentation every year, suggestion was made to ask the citizens of Rohnert Park to contribute, perhaps through a "buck in the boot" program handled by one of the City's volunteer associations. Upon motion by Councilman Eck, seconded by Councilman Hopkins, preparation of a resolution of appreciation to the Founders Days Committee for the next Council agenda was unanimously approved. Rohnert Park City Council Minutes (4) July 14, 1992 Lew Kuehm, 1406 Gregory Court, Chairman of Founders' Days Assn. reviewed plans for upcoming Founders' Days festivities and responded to various Council questions regarding same. He mentioned the Kitchen Cut -Ups Concert Series scheduled at the Dorothy Rohnert Spreckles Performing Arts Center throughout this month of July; pointed out that the next major event will be Rohnert Park's 30th Birthday Barbecue and Variety Show at the Performing Arts Center on August 28, confirming Dawna Gallagher's consent to participate in the Birthday Cake performance after the show; and reviewed efforts to develop a program called Youth Investors in place of the Miss Rohnert Park program whereby two teen -agers would be selected to go through a mini program like Miss Rohnert Park did to get to know the City, as well as represent the City. Mr. Kuehm said it was the intent of Founders' Day Committee ask service clubs for donations toward offering scholarships for this program, but needed to know from Council how it felt about the residency of students participating in the program. Discussion followed during which Council confirmed that the resident issue for the proposed youth program would be entirely up to the Founders' Day Committee. Council concluded its preference would be that there should not be a resident restriction, since the program would be presented to the Cotati- Rohnert Park High School, therefore, any student attending the High School should be encouraged to participate and have equal opportunity to do so. Financial Awards - City Manager Netter said copies were provided to Council of letter dated April 13, 1992 from Government Finance Officers Association notifying the City that its comprehensive annual financial report for fiscal year ended June 30, 1991 qualified for the Certificate of Achievement for Excellence in Financial Reporting. Mr. Netter said an Award of Financial Reporting Achievement was also awarded to Finance Director Michael L. Harrow for being the individual primarily responsible for its preparation. City Manager Netter shared comments as reviewed in the Council Meeting Memo congratulating Finance Director Harrow and his staff for a job well done. He said this was the 10th year in a row to receive these financial awards. Mayor Spiro presented the above- referenced awards to Finance Director Harrow and expressed appreciation to Mr. Harrow and staff for the many efforts involved to maintain the City's standard of excellence in financial reporting. The Mayor acknowledged the presence of Mike Harrow's wife, Sue, and daughters, Jennifer and Sally, who came to share in the honor of tonight's financial awards presentation. Stop Signs /Country Club Drive: City Manager Netter referenced map on display and shared contents of two resolutions for Council's consideration, as reviewed in the Council Nbeting Memo, regarding stop signs on Country Club Drive. Rohnert Park City Council Minutes (5) July 14, 1992 Director of Public Works /City Engineer Brust responded to various Council questions and reviewed reasons for staff recommendation to also place a stop sign at Santa Dorotea /Emily Avenue, if Council approves the stop sign at Daniel Drive, as requested at the previous Council meeting. Resolution A RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING THE INSTALLATION No. 92 -116 OF STOP SIGNS (on Country Club Drive at Daniel Drive) Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -116 was waived and said resolution was adopted. Resolution A RESOLUTION DESIGNATING, AUTHORIZING, AND APPROVING THE INSTALLATION No. 92 -117 OF STOP SIGNS (on Country Club Drive at Santa Dorotea Circle/ Emily Avenue) Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -117 was waived and said resolution was adopted. Seed Farm Drive Proposed Extension: City Manager Netter said copies were provided to Council of letter dated June 19, 1992 from Jonnie Tolman, 73 Toyon Court, with attached petition of approximately 500 signatures opposing the Seed Farm Drive proposed extension. He shared contents therein, as reviewed in the Council Nbeting Memo, confirming that staff continues to strongly recommend that this project remain in the City's Circulation Element for future consideration when funding becomes available. Discussion followed during which Council concurred to defer this item for further review when funds are available and directed staff to respond by letter to Ms. Tolman accordingly. Budget /State Fiscal Crisis update - City Manager Netter referenced copies provided to Council of various comTunications and bulletins from the League of California Cities regarding the State Budget fiscal crisis and its inlaact on local governments. He shared contents therein, as reviewed in the Council Meeting Memo, and said the League of California Cities recommended that cities contact Legislators and the Governor in support of the Governor's local government proposal that would amend SB 1364. Mr. Netter said, due to recent changes in proposals, the Governor has backed away from his original approach, but, the Governor is at a stalemate with the legislature and positions are changing almost daily. Rohnert Park City Council Minutes (6) July 14, 1992 City Manager Netter referenced copies provided to Council of letter dated July 9, 1992 from the City of Barstow regarding a resolution to the League of California Cities' seeking a constitutional amendment to protect city revenues from ongoing raids by the state. Discussion followed. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, to prepare resolution for the next Council agenda as described in the above- referenced letter from the City of Barstow. City Nbnager Netter also referenced copies provided to Council of letter dated July 1, 1992 from Sonoma County Assessor regarding preliminary 1992 -93 Assessment Roll and reviewed the values and percentage of change contained therein showing the 8.23% increase over 1991 -92 for Rohnert Park. He said this would translate to an approximately 3% increase in property taxes depending on the redevelopment transfers. Planning and Zoning matters: 1) File No. 1462 - Planning Director Skanchy referenced plans on display and shared contents of copies provided to Council of Staff Report dated June 24, 1992 regarding File No. 1462 - Abandonment of a portion of Willis Avenue (Bloom Avenue) a public road right of way, 40 ft. wide by 465± in length. Subject right of way is located 420 ft. west of and runs parallel to Redwood Drive, extending northerly from Business Park Drive on the south for a distance of 465± ft., bounded on the east by Assessor's Parcel Nos. 45- 082 -7, 20,33 and 34, and bounded on the west by Assessor's Parcel No. 45- 075 -07. As reviewed in the Council Meeting Memo, an agreement has been prepared and executed by Country Club Golf and the City pertaining to this matter, of which copies were provided to Council for its review. Mr. Skanchy said specific concerns had been reviewed and resolved today with legal representative of the Shehan family, owners of one of the parcels in the area, pertaining to the receipt of public hearing notices and confirming that only the referenced portion of Willis Road is to be abandoned. He said the Shehan representative was present at tonight's Council meeting. Planning Director Skanchy responded to various Council questions confirming that the referenced area is not in the city limits, but is part of the City's sphere of influence. He said a public hearing had been duly noticed and scheduled at this time. Public Hearing - Mayor Spiro opened the public hearing at approximately 7:02 p.m. Milissa P.Byrnes, Attorney with Law Offices of Angius & Terry, 1656 N. California Blvd., Suite 200, Walnut Creek, Ca. 94596, representing Raymond and Donna Shehan, owners of Parcel #45- 075 -06, confirmed above- referenced review with Planning Director Skanchy and said their main concern was that her clients had not received Planning Commission Public Hearing notices pertaining to this location, since the Council meeting agenda was the only notice they had received regarding this matter. However, after speaking with Mr. Skanchy and after hearing tonight's presentation on the abandonment of the referenced portion of Willis Rohnert Park City Council Minutes (7) July 14, 1992 Avenue, Attorney Byrnes said they were assured it was not going to affect frontage, and as long as no other portion of Willis Avenue is to be abandoned at this time, their concerns were resolved. She requested that public notices be mailed to her above - listed address pertaining to any public meetings affecting her client's property. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 7:05 p.m. Discussion followed during which City Manager Netter confirmed that public hearing notices had been properly mailed and he did not know why the Shehan's received only the second notice for the City Council public hearing. Council comments included pointing out that, even though it is this Council's intent that there be no further changes to the referenced area, it has no control over what future Councils might decide. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ABANDONING AND VACATING A SECTION OF A 40 FOOT WIDE PUBLIC ROAD RIGHT - OF-WAY REFERRED TO AS WILLIS AVENUE SUBJECT ROAD RIGHT -OF -WAY IS A 40 FT. WIDE SECTION OF WILLIS AVENUE BELONGING TO THE CITY OF ROHNERT PARK EXTENDING NORTHERLY FROM BUSINESS PARK DRIVE ON THE SOUTH FOR A DISTANCE OF 465 FT. ± AND IS CONTIGUOUS TO AND WEST OF ASSESSOR'S PARCEL NOS. 45- 082 -17 AND 34, AND CONTIGUOUS TO AND EAST OF AP 45- 075 -07 Upon motion by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 92 -118 was waived and said resolution was adopted. 2) File No. 1548 - Assistant to the City Manager Leivo referenced copies provided to Council of staff report dated July 14, 1992 pertaining to File No. 1548 - Consideration of Amending the Zoning Ordinance to add a Specific Plan Ordinance and shared contents therein. He said a public hearing had been duly noticed and scheduled at this time. Mr. Leivo said copies were also provided to Council of proposed ordinance regarding this matter, and introduced Attorney Margaret Sohagi, who drafted the ordinance. Attorney Margaret Sohagi further explained the proposed Specific Plan Ordinance and responded to various Council questions confirming comments as reviewed in the above- referenced staff report. She said this is a planning tool approach for Council to use and is a legislative docLm -ent that says Council wants to fine tune the City's plan in a certain area. Discussion followed during which scenarios and examples were reviewed pertaining to specific plan applicants. Attorney Sohagi said specific plan areas that are outside the current General Plan should not be considered until the areas are included in the General Plan. She referenced inclusion drafted in the proposed ordinance, as a safety valve for the City, allowing a property owner to present a plan. She Rohnert Park City Council Minutes (8) July 14, 1992 confirmed there are variations in procedures such as an applicant triggering a specific plan area, but the traditional way is that an area is specified by the City as one it would like to implement for specific plans with jurisdictions and determinations made in the General Plan. The advantage to Specific Plans is that there is another step in the planning process. Public Hearing - Mayor Spiro opened the public hearing at approximately 7:40 p.m. Jake Mackenzie letter - City Manager Netter referenced copies provided to Council of letter dated July, 1992 from Jake Mackenzie opposing prepayment by land speculators and opposing any specific plan areas being pre - designated in the proposed Specific Plan Ordinance. Council concurred to waive the reading of W. Mackenzie's letter and that said letter should be entered into the record for this public hearing (copy attached to original set of these minutes). Roger Southfield, 5338 Daniel Drive, expressed concern about overcrowding school systems and said he would like this consideration to be the first priority of the City. Dawna Gallagher, 7342 Rasemzsen Way, asked if a developer offers money for a site specific plan, wouldn't they want to know at that time if it will be approved. She said she read the proposed Specific Plan Ordinance and that it seemed, hypothetically, that a smaller builder would not be in the position to put out a lot of money and would be excluded from consideration. Therefore, this ordinance feels like it might exclude some people. George Horwedel, 7669 Camino Colegio, said he would like clarification on the one to one acre annexation consideration and referenced creative proposals presented at previous meetings. He asked how far can the City go with such creative plans and can we keep this type of policy going. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 7:49 p.m. Discussion followed responding to questions raised during the public hearing and other various related matters. City Attorney Flitner said the acre for acre annexation idea was not included in the specific plan ordinance because it was felt there can be more creativity when the City works with the developers through the process of development agreements. City Attorney and Attorney Sohagi reviewed the logic of the Nexus test in relation to the burden on the community, wherein there has to be a reasonable relationship shown. Councilman Hopkins responded to concerns expressed about overcrowding of schools and said comments at recent joint meeting with the School District confirmed that the ratio of housing to students does not present a problem of overcrowding in the schools, even with the proposed projected numbers. He said there is no City that has done Rohnert Park City Council Minutes (9) July 14, 1992 as mach for its schools as Rohnert Park over the years, as the City actually has provided funding for the construction of three schools through the collection of developer fees. Further discussion followed during which Attorney Sohagi confirmed that Specific Plan ordinances can include fee structures for payment of the costs of the process, but the area reviewed must be included in the General Plan. In response to Council inquiry, City Manager Netter commented that, the 80 acre proposal was presented to the City by Condiotti Enterprises including the acre per acre proposal payment of all fees of the process, a retrofit program for sewer capacity, and payment of the annexation fees that was new and innovative to the City, so we reacted to it and contacted the specialists to assist the City in determining what steps to take, if this proposal was to be considered. It was determined that there has to be a procedure to address these proposals, which is the reason for considering this Specific Plan Ordinance as a procedure. Everyone has to be treated equitably. In addressing the questions on the small landowner's ability to pay the costs, City Manager Netter said there may be other mechanisms, like loans, to meet the needs of small developers in conjunction with surrounding property owners who have larger parcels. This would encourage property owners within a Specific Plan area to work together. A motion was made by Councilman. Hollingsworth, seconded by Councilman Eck, and unanimously approved, to continue consideration of the Specific Plan Ordinance at the next Council meeting. RECESS Mayor Spiro declared a recess at approximately 8:07 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8:15 p.m. with all Councilmembers present. 3) File No.1554 - Mayor Spiro said the next agenda item regarding File No. 1554 - "T" Zones/Nbbile Home Park (MHP) Zones is to be continued. Mobile Home Park Protection Ordinance (Pacifica Ordinance) - City Manager Netter said copies were provided to Council, as reviewed in the Council Meeting Memo, of two memorandums dated July 7 and 8, 1992 from City Attorney Flitner regarding Mobile Home Park Protection Ordinance (Pacifica Ordinance), of which copies are attached to original set of these minutes. He referred the matter to City Attorney for further review. City Attorney Flitner shared contents of his above - referenced memorandums. His July 7th memo concludes that language of Ordinance No. 494 would prohibit the Rent Appeals Board from serving as the subordinate body below the Council in administering an ordinance such as the Pacifica Ordinance, and therefore the Planning Commission or some other body would be more appropriate to serve in that capacity, if the Council determines to enact the ordinance. City Attorney Rohnert Park City Council Minutes (10) July 14, 1992 Flitner's July 8th memo, regarding the question of implementing the ordinance, outlines existing State law (per Government Code Section 65963.7 which, in City Attorney's opinion, gives sufficient protection to mobile home owners in the event of a park closure. Mr. Flitner further reviewed his concerns if Council wants to overlay with existing law including consideration of staff time and complications that could develop in the acquisition of a home, for example. City Attorney Flitner shared examples of Scotts Valley court case. Mr. Flitner responded to Council inquiry and said he would not reconuend the Council adopt this ordinance in this form as it is more cumbersome than it needs to be. He said to close a park is a very complicated process and his first inclination would be to give the existing State law a chance to work before proceeding with an ordinance, if and when needed. A motion was made by Mayor Spiro, seconded by Councilman Eck, directing City Attorney to draft a mobile home park protection ordinance that would be in compliance with State law as well as other specific local needs. Discussion followed during which further comparisons were made regarding this matter, such as the people coming to the City for certain procedures versus the complexity of going to the State; that the State law might not be sufficient to deal with specific local needs; cautions needed pertaining to requirements placed on park owners like relocation costs which could be very cumbersome; and City Attorney Flitner's comments that it would seem like consideration of the "T" Zones would be less likely to cause the previously reviewed complications. Mr. Flitner said it would seem to be more appropriate to handle this matter according to public hearings and due process. If changes are desired, it would be necessary to come before the Council to make such zoning changes, and that zoning would apply to everyone that has a mobile home park. Conformity would then be consistent with zoning requirements rather than the various complexities of a mobile home park protection ordinance as reviewed here tonight. Councilman Eck recommended the Council Committee comprised of himself and Councilman Reilly meet with staff to review the "T" Zones and the Mobile Home Park Protection Ordinance more thoroughly before preceding any further with the matter at this time. Council agreed. Councilman Eck withdrew his second to the previous motion directing City Attorney to draft a local protection ordinance in compliance with State law. Mayor Spiro withdrew said motion. Quaker Hill Development Corporation letter request for annexation - City Manager Netter referenced copies provided to Council of letter dated June 16, 1992 from Quaker Hill Development Corporation requesting annexation of Vast Oak Properties. He shared contents therein, as reviewed in the Council Meeting Memo, and introduced Van Norden Logan, President of Quaker Hill, who was present at tonight's meeting to represent this request for annexation. Rohnert Park City Council Minutes (11) July 14, 1992 Van Logan, President of Quaker Hill Development Corporation, P. O. Box 2240, Healdsburg, Ca. 95448 reviewed content of his above- reference letter and said they had been observing Rohnert Park's progress over the past 6 to 8 months in connection with the General Plan area and the referenced 80 acre annexation. He said Quaker Hill did not want to be left behind when Rohnert Park is in the position to review further annexations, and therefore, has submitted this letter requesting annexation of the referenced area for the record. Mr. Logan reviewed Petaluma's General Plan update process over the past five years which included designation of 700 acres in the northeast section of town as a Specific Plan area. Petaluma wanted separators around the City, provisions for affordable housing, etc. About two - thirds of the land owners got together and took funds for that entire area. Each brought in their development plans. The specific plan included EIR and financing plans which explained the needed major infrastructure including schools, affordable housing, etc., so the plan pulled those together along with finance mechanism. The five developers then got together and agreed on those needs, enabling Petaluma to proceed with the specific plan area with the provision that the developers would pay the costs of the process. This provided the way for the individual or small developer to participate since they will be paying into the benefit district. Mr. Logan said this was one method of proceeding with such a plan that was very effective and satisfactory, and the City retained full control of it. Mr. Logan responded to Council inquiry that the recent budgetary cuts affecting the University would probably slow down the need for the University Plans to the north as there are no funds available to improve its capital facility. The uses adjacent to the University property have been built right up to the borders, so provisions for the University will remain in tack when faculty housing, etc. is needed. Transportation matter: Sonoma County Transit Fare - City Manager Netter referenced copies provided to Council of letter dated June 24, 1992 from Sonoma County Transit and shared contents therein, as reviewed in the Council Meeting Memo. He said the letter indicates Sonoma County Board of Supervisors' approval of fare increase for the Sonoma County Transit effective August 23rd, 1992, and requests the City of Rohnert Park's concurrence with the proposed fare increase. Staff recommends Council concurrence with these rate increases. Upon motion by Councilman Hollingsworth, seconded by Councilman Reilly, concurrence to Sonoma County Transit fare increases was unanimously approved. Discussion followed during which City Engineer Brust responded to Council inquiry that the City will be asked to participate in the City /County Master Transportation and Circulation Plan within 30 to 60 days. Rohnert Park City Council Minutes (12) July 14, 1992 Resolution A RESOLUTION OF THE CITY OF ROHNERT PARK APPROVING A MJDIFIED UTILITY No. 92 -119 DISCOUNT PROGRAM City Manager Netter explained the resolution as reviewed in the staff report and Council Meeting Memo recommending the the City modify its Utility Discount Program to be more in line with P. G. &. E.'s Discount Utility Program. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 92 -119 was waived and said resolution was adopted. Card Rooms /possible ballot measure - City Manager Netter referenced copies provided to Council of various items pertaining to consideration of possible ballot measure for card rooms in Rohnert Park and shared contents, as reviewed in the Council Meeting Memo. The items included City Attorney memorandum dated July 8, 1992 regarding Proposed Gaming Ordinance with attached draft ordinance with wording for a Ballot Measure proposal to be included in the November 1992 General Election, as well as various samples of gaming ordinances and fee structures from several cities. Mr. Netter concluded staff recommendations as follows: reduce the population ratio in the proposed draft ordinance to one card room to 15,000 population to avoid exclusivity; the City should pay the $5,000 for the ballot measure so there would be no obligation to any specific operator; and do not establish specific fees, rules and /or regulations for card rooms at this time as these details need to be researched further. Discussion followed during which City Manager Netter and City Attorney Flitner responded to various Council questions regarding this matter. Public Comments - Mayor Spiro said this was not a public hearing but limited public comments could be heard at this time regarding this matter. Patrick Coyle, Attorney, 50 Santa Rosa Avenue #418, Santa Rosa, 95404, said he represented Kathy Sonheim, owner of the Winners' Circle on South Santa Rosa Avenue. He explained that with Santa Rosa's annexation of the area in which her business is located and because Santa Rosa does not allow gaming operations, she will be out of business in that area. Therefore she is now looking for another location and would be interested in possibilities in Rohnert Park. Attorney Coyle reviewed various gaming operation requirements in other cities throughout the State and explained that the establishment of a 24 hour operation full time creates a designation activity rather than a recreational drop -in activity. He said San Jose is an example of a City with such 24 hour operations that has taken on a life of its own. Attorney Coyle said the other issue that his client is interested in is the limitation aspect since the Council has virtually unlimited authority regarding this type of issue. Therefore, the selection process should be developed to allow for fairness. Rohnert Park City Council Minutes (13) July 14, 1992 Don Fox, Santa Rosa, said he has been following this issue of card room legalities in Rohnert Park since its inception. He expressed concern regarding the cost of $5,000 for a Ballot Measure when the City budget is tight and said the people in the State of California have never approved gaming operations when it comes to a vote. Also, if Council is considering to allow the 24 hour gaming operation, do not put that on the petition for the ballot measure as the City will end up with everybody here from outside the area which will put a strain on the police department. W. Fox gave examples of revenues from gaming fees and licenses and said the added burden and expense to the City for the police department would far outweigh any income from gaming operations, if 24 hour operations are approved. Councilman Eck responded that the City could have been required to pay the cost of a special ballot measure in the amount of approximately $35,000, so it was considerate on the part of Mr. Sissa to agree to wait for the General Election in November. It would have only taken 20% of the voters signatures to require the additional cost of a special ballot measure. Robert Sissa, 172 Fescue Way, said he has been on the Council agenda for approximately a year in efforts toward establishing a card room. He questioned the motives of the previous speaker, and asked where was he a year ago for the beginning efforts of interest for approval of card rooms in Rohnert Park. Mr. Sissa said he had previously committed to paying for the cost of the ballot measure. Kathy Sonheim, owner of Winners' Circle, Santa Rosa, responded to Mr. Sissa's comments that she and her husband had only been married for 1 1/2 years, and that she had been the licensed operator of her own business for several years prior to their marriage. She said, in order to obtain a gaming license, it is necessary to go through a licensing process that is extremely extensive. Ms. Sonheim reviewed her background of qualifications which included having a teaching credential and said the gaming industry can be a good thing in a community if it is handled properly. Discussion followed during which Council reviewed various reasonings for population limits per number of card rooms; expressed the need to hear from the Public Safety Department regarding this issue; and agreed there was need for further review of this issue prior to establishing specific rules and regulations. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to proceed with the basic Ballot Measure, as worded by City Attorney, for the November 1992 General Election with specific rules and regulations to be determined later, if the results of the election signify the interest of the people to approve card rooms in Rohnert Park. Rohnert Park City Council Minutes (16) July 14, 1992 5) City Manager Netter shared convents as reviewed in the Council Meeting Memo regarding establishment of a fee for collection of shopping carts. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, directing staff to proceed with the establishment of a shopping cart fee, after discussion with City Attorney on the legal mechanism, to be brought back for City Council's approval. 6) City Manager Netter shared comments as reviewed in the Council Meeting Memo regarding the Annual Report for 1992 and said after a brief discussion with Reba Roberts and the fact that it is the City's 30th year, Council may want to reconsider its previous decision to eliminate funding in the budget for the annual review and possibly approve the Annual Report for Rohnert Park's 30th Year Anniversary. Reba Roberts, 4745 Fairway Drive, said she has been a resident of Rohnert Park for 30 years and has been publishing the City's Annual Report for 12 years. She reviewed many reasons for continuing with the Annual Report and said this is not a good time to be pulling the information it can provide from the comnmity, especially with the encouragement that is needed during critical budget times, as well as it being the 30th Anniversary of the City. Discussion followed during which Council expressed the need for consistency in providing public information. Councilman Hopkins said he would like to reverse his vote on the previous motion to charge for agenda postage to be consistent with consideration to approve the Annual Report. Upon motion by Councilman Hopkins, seconded by Councilman Eck, to rescind Council's previous action to charge postage for mailing agendas, and approve $20,000 in the 1992 -93 budget for the 1992 Annual Report for the City's 30th Year Anniversary, was unanimously approved. 7) City Manager Netter said the Trauma Intervention Program (TIP) was present to the i It., and Cc7'u ciliieitiears' Association at its last general meeting and said he would pursue this program further, if Council desired. Council concurred. 8) City Manager Netter referenced P.G. & E. proposal to turn off 930 lights at a cost of $11,000 with a savings of $2,400 per month, therefore, the payback period is 5 months. He said a similar program had been done several years ago. Mr. Netter jokingly suggested an "adopt a light" program whereby residents could pay $50 a month to keep a street light on. Council agreed to table this item. City Attorney's Report - City Attorney Flitner confirmed he had nothing further to report at this time. Rohnert Park City Council Minutes (17) July 14, 1992 Matters from Council: 1) City Manager Netter said the Mayors' and Councilmen's Association is considering a possible symposium regarding "The North Bay - -A Region ?" in Ukiah on Friday, August 28, 1992 from 9:00 a.m, to 2:00 p.m. 2) City Manager Netter responded to Council inquiry that he would request the Sonoma County Wineries Association to provide information explaining how promotional funds will benefit the comamity. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. No one responded. Adjournment Mayor Spiro adjourned the meeting at approximately 9:55 p.m. a,,, �,LI,1_1 De Cit erk ff mgoi% sir+, F ' 2�E n �m=K =phone 415 # 744 s 1091 � ` ,_ Ja ieft ace -TVI m fax 415 # 744 -Fc, fL Cjw 6m.Vlc;t C-%, h tau +�► �s �. CO A WT C2) TTDOt--J�> PtN q Fl C, 1 L C.'TtiL � 6 h tau +�► �s �. CO A WT C2) TTDOt--J�> PtN q Fl C, 1 JUL- 1:; -OL WCU 1,. s =plione 415 1 ids • 1d91 �J�eM fax 41.5o744o I X�Nff en*t-ck ew,... vs S .- CAX2tf c"CC tf MW A tc;�a Lcll;na- lye& �Fr-vi 6; awe_ C,. c- r -t (--)6 0 61, Lin las cm�=� � 4dw A Tif r � r uM, �• ,,.e -' MEMORANDUM TO: City Council RE: Pacifica Ordinance DATE: July 7, 1992 FROM: City Attorney The City Council has asked me to review Ordinance No. 494 to determine whether it would allow the Rohnert Park Rent Review Board to serve as the initial board in the review process presently provided in a proposed "Pacifica Ordinance" now before the City Council for consideration. The Council will recall that the Pacifica Ordinance provides for certain mitigation measures to be ccnsidered and implemented whenever a mobilehome park owner proposes to chancre the use of a mobilehome park or proposes to sell the park. With regard to the powers and duties of the Rent Review Board, Ordinance No. 494 provides as follows: "F. Powers and Duties. The board is empowered to set the rent ceiling for all controlled spaces . . ., to require registration of all controlled rental spaces . . . to use city staff, issue orders, rules and regulations, conduct hearings and change fees as set forth below." "The board may make such studies and investigations, conduct such hearings and obtain such information as necessary to carry out its powers and duties." The board is also ". . . empowered to settle civil claims under section 11 and seeF injunctive relief under section 12 . . ." of Crd:,nance No. 494, Section F., Ordinance No. 494. The board also has rule :Waking authority. Section G., Ordinance No. 494 . Answer The Rent Review does not have the power or the duties to act as a hearing body under the Pacifica Ordinance. Discussion The language of Ordinance No. 494 indicates that the Rent Review Board can (1) set ren,. Ceilings, (2) request registration of units and undertake actions necessary to accomplish those objectives. There is no indication in the Ordinance that the Board is to act as an intermediate hearing board before the city council or that it has the authority to consider subject matters outside the area defined in ordinance No. 494. Since Ordinance No. 494 was enacted by the people under the initiative power, the comparable rule regarding the interpretations of a constitutional provision is that the words of the document should be given their plain meaning. county of *cos Angeles v. state of California (1987) 43 Cal.�d 46. The language of Ordinance No. 494 and its intent and purpose appears focused on the control of rent and the powers necessary to accomplish that objective. Nowhere in the ordinance is the closure of a mobilehome park addressed. Under the doctrine of the County of Los Anexeles case, the ordinance should be interpreted as to its plain meanings not what one would interpret or speculate as to the intent of the legislature County of Los Angeles tate of California, supra, at page 56. Conclusion Based on the language of Ordinance No. 494, it is my opinion that the Rent Review Board is not eligible to serve as the subordinate body below the City Council. The Pacifica ordinance utilized the Department- of Community Development. The Planning commission of the City of Rohnert Park could serve in that same capacity if the council determines to enact the ordinance. Respectfully su mitted, n D. Flitner City Attorney CITY OF ROHNERT PARK 6750 Commerce Boulevard Rohnerc Park, Sonoma County, California 94927 Telephone 795 -2411 MEMORANDUM TO: City Council RE: Proposed Pacifica Ordinance DATE: July 8, 1992 The City Council may recall that I expressed some concern about the Rohnert Park ordinance, as drafted, of the "Pacifica Ordinance." The Pacifica Ordinance relates to mitigation measures that may be taken by a city when a mobilehome park closes or proposes to change its use. Existing state law (Government Code §65863.7) requires the following before a mobilehome park is converted to another use, closed, or the operation is ceased, except for a change of use under the State Subdivision Map Amt: 1. The proponent must file a report on the impact of the proposal. 2. The public agency can order a hearing on the report. Tenants are entitled to receive a copy of the report. 3. When the report is filed prior to closure, a tenant has a right to request a hearing. 4. At the hearing, the city council "may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impacts...." The mitigation measures are intended to assist displaced tenants in finding adequate housing. Mitigation steps may not exceed the reasonable steps of relocation. If the city is the party that is refusing to renew a use permit or otherwise allow continuance of the use, then the city must prepare the impact report. Scott's Valley was sued over a conversion ordinance it adopted, the ordinance required that the f!,llow.ing findings be made before a conversion could be made: 1. Adequate alternate mobilehome space is available in the area. 2. The conversion would not result in displacement of low or moderate -cost housing. 3. If the park is converted to another use, tenants have first right to buy or occupy the residential property created. 4. Relocation costs to any other park in city must be paid by park owner. 5. If unit is not moved, or tenant refuses to move, park owner is required to purchase the unit. 6. If a unit is moved and the new rent was higher, park owner is required to pay rental differential for six (6) months to a year. Park owner Rooke i:dicated he would close the park and gave notice to tenants a year in advance. The notice did not comply with state law or the ordinance. Rooks sued the city in inverse condemnation, alleging that the ordinance was a taking of his property, violated his civil rights, and was unconstitutional. The case went to trial on the issue of the constitutionality of the ordinance. The appellate court reviewed the have the first right to purchase housing displaced the mobilehome tenant). provision requiring that tenant or occupy new units if new parks (Right of first refusal in The court also reviewed ordinance provisions which provided that (1) conversion could not displace low or moderate- income housing, and (2) a park owner was required to subsidize rent. Because of insufficient facts, the court did not rule on Rooks's constitutional objections to these provisions. However, the appellate court did rule that Rooke had stated a cause of action on the right of first refusal issue and remanded the case to the trial court for determination of that issue in view of the comments by the appellate court. The Scott's Valley decision was decertified, which means it cannot be cited as authority. It is helpful to indicate what may be acceptable to the court. In addition, the Pacifica ordinance, which Rohnert Park has used, does not go as far as the Scott's Valley ordinance. The issue for council. consideration, I believe, is whether the city needs to enact ordinance provisions in addition to state law provisions to further delineate public response in the event of a conversion or sale of a mobilehome park. Respectfully submitted, 4 n D. Flitner Ci y Attorney