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1992/07/28 City Council MinutesRohnert Park City Council Minutes July 28, 1992 The Council of the City of Rohnert Park met this date in regular session conmencing 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 6:40 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters. She said no action was taken and there was nothing to report at this time. ROLL CALL Present: (4) Councilmembers Eck, Hollingsworth, Reilly, and Mayor Spiro Absent: (1) Councilman Hopkins (out of town on business) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Director of Public Works /City Engineer Brust, Finance Director Harrow, Director of Public Safety Dennett, Manager of Youth and Family Services Parks, and Recreation Director Pekkain. Approval of Minutes Upon motion by Councilmember Eck, seconded by Councilmember Reilly, the minutes of July 14, 1992 Budget Work Session and Regular Session were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hollingsworth, seconded by Councilmember Reilly, the bills presented per the attached list in the amount of $547,033.60 were unanimously approved. Non - agendaed Mayor Spiro queried if any Councilmember had any non - agendaed Matters items to add to the agenda. Councilman. Reilly said he had two items to add. City Manager said he had one item to add under City Manager's Report. Unscheduled Public Mayor Spiro stated that in coiTpliance with State Law (The Appearances Brown Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. Rohnert Park City Council Minutes (2) July 28, 1992 Daryl Dell, 4464 Graywhaler Lane, said he realized Council is faced with budget problems and now residents are faced with that particular problem when the City wants to add another $49 to property taxes by an assessment district for neighborhood services. He said he wanted Council to be careful not to place the blame on the State and expressed concern about the misuse of people's money for projects like the new Public Safety Building and the new Wine Center. He referred to expenditures of the City connected with the new Public Safety Building, as well as the land lease provisions for the new Wine Center. 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 Memo. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -120 EXPRESSING APPRECIATION TO THE ROHNERT PARK FOUNDERS' DAYS ASSOCIATION Resolution RESOLUTION CONGRATULATING TIFFANY STOKER FOR OBTAINING TITLE OF No. 92 -121 "AMERICA'S YOUNG WOMN OF THE YEAR' AND DECLARING AUGUST 9 -16, 1992 AS "CALIFORNIA YOUNG WOMAN OF THE YEAR WEEK" IN THE CITY OF ROHNERT PARK Resolution RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN RIGHT OF No. 92 -122 WAY CERTIFICATIONS IN CONNECTION WITH STATE AND FEDERALLY FUNDED ROAD PROJECTS Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -123 SUPPORTING A CONSTITUTIONAL AMENDMENT TO PROTECT THE REVENUE SOURCES OF CALIFORNIA CITIES Resolution A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL DIRECTING THE ROHNERT No. 92 -124 PARK CITY CLERK TO TAKE APPROPRIATE MEASURES TO PLACE AN ADVISORY MEASURE ON THE NOVEMBER 3, 1992 GENERAL ELECTION BALLOT RELATIVE TO PERMITTING CARD CLUBS IN THE CITY OF ROHNERT PARK Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -125 AUTHORIZING AND APPROVING AN EASEMENT AGREEMU WITH PACIFIC GAS AND ELECTRIC COMPANY FOR UNDERGROUND UTILITY DISTRICT NO. 7 (Public Safety Building Site) Resolution RESOLUTION OUTLINING POLICY CONCERNING USE OF FEES DEPOSITED IN No. 92 -126 CAPITAL OUTLAY F UD Rohnert Park City Council Minutes (3) July 28, 1992 Resolution A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AN No. 92 -127 AGREEMENT WITH GREAT WESTERN BANK FOR FICA SUBSTITUTE DEFERRED COMPENSATION PLAN A Upon motion by Councilmember Hollingsworth, seconded by Councilmember Eck, the Consent Calendar as outlined on the meeting's agenda, and explained in the Council Meeting Memo, was unanimously approved. James H. Green Presentation - Mayor Spiro congratulated James H. Green on the occasion of his retirement from his position as Youth Services Counselor. She shared contents of Resolution No. 92 -112 prepared in honor and recognition of Mr. Green and expressed appreciation to Mr. Green for the completion of twelve years of dedicated service ..with the City. Mr. Green accepted the resolution and responded to Council questions. Director of Public Safety Dennett commented on what a dedicated employee Jim Green had been during his tenure with the Department of Public Safety. He said Jim Green was also a highly decorated Naval Servicemen, serving his country for thirty -one years. Chief Dennett pointed out that Mr. Green has spent his lifetime serving his conmuzity and thanked him for his dedication. Manager of Youth and Family Services Jim Parks expressed appreciation to Jim Green for his dedicated years of service and particularly for his contribution and attention to the youth of Rohnert Park. Mayor Spiro leaves - Mayor Spiro left the Chamber at approximately 6:50 p.m. with Vice Mayor Hollingsworth presiding. Scheduled Public Appearance: Sonoma Life Support representatives Stephen D. Madison, Director of Operations and Paramedic Officer Dean Anderson presented an airway management bag as a donation to the Rohnert Park Department of Public Safety. Officer Anderson described the resuscitation equipment contained therein to assist in emergency responses. He said he was one of six paramedics who has enjoyed the pleasure of working with Rohnert Park's Public Safety Department during the past year. Director Madison referenced communications with City Council about a year ago when he made a commitment for Sonoma Life Support to work with Rohnert Park's Department of Public Safety. He said the past year has been a fantastic experience and Sonoma Life Support was not here just to do business, but to become part of the comnunity. Vice Mayor Hollingsworth expressed appreciation for the resuscitation equipment donation from Sonoma Life Support, as well as for the complimentary report of the past year's participation with the City's Department of Public Safety. Rohnert Park City Council Minutes (4) July 28, 1992 Resolution A RESOLUTION OF AWARD OF CONTRACT, WATER /WASTEWATER CONSERVATION No. 92 -128 RETROFIT PROGRAM, PROJECT NO. 1991 -13 City Manager Netter explained the resolution as reviewed in copies of the staff report provided to Council. City Manager Netter and Director of Public Works /City Engineer Brust responded to various Council questions regarding same. Upon motion by Councilman Eck, seconded by Councilman Reilly, and unanimously approved, reading of Resolution No. 92 -128 was waived and said resolution was adopted. The Assistance Dog Institute facility proposal: Bonita M. Bergin, President of the Assistance Dog Institute and Founder of Companions for Independence (CCI) referenced copies provided to Council of various materials explaining the purpose of the recently organized and created Assistance Dog Institute. She shared contents therein explaining that the role of the Institute is to research and develop assistance dog concepts to help disabled individuals. She confirmed her feeling that there is tremendous public interest and support for a project of this nature and would expect at least 15,000 visitors per year to such a facility. Mrs. Bergin asked about the possibility of working out an agreement with the City of Rohnert Park, at no expense to the City, for this facility to be developed on the City -owned site adjacent and south of the new Animal Shelter Facility. Mayor Spiro returns - Mayor Spiro returned to the Chamber at approximately 7:05 p.m. to preside over the remainder of the Council meeting. City Manager Netter referenced map on display to point out the general area of approximately 4 1/2 acres pertaining to this proposal and shared comments as reviewed in the Council Meeting Memo. He said if Council desires to consider this proposal in concept, staff would meet with Bonnie Bergin to work out details for further Council consideration at a later date. Upon motion by Councilman Eck, seconded by Councilman Reilly, the Assistance Dog Institute facility proposal concept for further review was unanimously approved and staff was directed to proceed with details for future Council review and possible consideration. Household Hazardous Waste Element: City Manager Netter referenced copies provided to Council of staff report with various attachments regarding the Household Hazardous Waste Element (HHWE). He shared contents therein as reviewed in the Council Meeting Mamo explaining that a Joint Powers Agency (JPA) has been formed that includes all the jurisdictions in Sonoma County, and Rohnert Park City Council Minutes (5) July 28, 1992 which would implement the elements of the HHWE and other elements in the cities' and counties' solid waste management plans. Mr. Netter reviewed the costs of the program as outlined, wherein each city would be responsible for its proportionate share of the costs. City Manager Netter said a public hearing had been duly noticed and scheduled at this time. He said staff recommends approval of the HHWE program as reviewed and, if Council desires to do so, it may adopt a resolution by title following the public hearing. Discussion followed. Public Hearing - Mayor Spiro opened the public hearing at approximately 7:09 p.m. There being no one desiring to speak, Mayor Spiro closed the public hearing. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF ROHNERT PARK APPROVING No. 92 -129 THE HOUSEHOLD HAZARDOUS WASTE ELEK]NT (HHWE) Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, the HHWE by Resolution No. 92 -129 was adopted by title. Parks and Recreation matters: 1) Rohnert Park Bambino Baseball League request for use of PA system at "A" Park - Recreation Director Pekkain referenced copies provided to Council of staff report dated July 22, 1992 with related attachments pertaining to the Rohnert Park Bambino Baseball League request for use of PA system at "A" Park for its Allstar tournament during August 1 - 16, 1992. He shared contents therein relating to the City's Noise Ordinance Regulations in Section 9.44.200 in the Rohnert Park Municipal Code, and said the Parks and Recreation Commission questioned the intent of the Sound Ordinance applying to youth sport leagues, and recommended allowing the limited use of the public address system by the Rohnert Park Bambino Baseball League as requested for its August tournament. Recreation Director Pekkain said one complaint had been received from a neighboring "A" Park resident who is not against use of the field for the sports tournament, but is against use of the PA system. Discussion followed. City Manager Netter referenced map on display showing park locations and shared comments, as reviewed in the Council Meeting Memo, confirming that use of the PA system as requested does violate the City's current Noise Ordinance because of the need to exceed the stipulated 6:00 p.m. time on Sunday evenings to 9:00 p.m. Therefore, if Council desires to permit such sports league PA system usage, the Council should consider amending the Noise Ordinance to allow for it. In the meantime, it is hoped that an agreement can be reached between the Bambino League and the referenced local resident. Rohnert Park City Council Minutes (6) July 28, 1992 Discussion followed during which Council confirmed the necessity of adhering to the City's Noise Ordinance as established. Council also concluded the need to review same to consider the possibility of more permissive language relating to the needs of the community's youth sport leagues, as well as the need to receive public input from surrounding residents of the referenced park areas regarding this matter. A motion was made by Councilman Hollingsworth, seconded by Mayor Spiro, and unanimously approved, confirming the need to adhere to the City's Noise Ordinance regarding PA system hours of usage, with friendly amendment by Mayor Spiro to proceed with review of said Ordinance and, in the interim, encourage an agreement between the local "A" Section resident and the Bambino League regarding use of the PA system for additional hours during its August 1992 tournament. 2) Scholarship program proposal for low income and disabled persons - City Manager Netter referenced copies provided to Council of staff report dated July 7, 1992 regarding a Scholarship Program proposal for low income and disabled persons. He shared comments, as reviewed in the Council Meeting Memo, and confirmed that staff recommends approval of this program. Recreation Director Pekkain further explained his above- referenced staff report and responded to various Council questions regarding same. Upon motion by Councilman Eck, seconded by Mayor Spiro, the Scholarship Program for low income and disabled persons was unanimously approved as recommended by staff. 3) Sammy Poueu contribution to participate in Good Will Series 4th Annual Friendship Baseball Series in Beijing, China - City Manager Netter referenced copies provided to Council of Request for Funds Application Form dated June 25, 1992 with various attachments for Sammy Poueu to participate in the above - described Baseball Series. He shared comments, as reviewed in the Council Meeting Memo, and confirmed staff recommendation to ratify the Parks and Recreation Commission approval of a $75 donation toward the cost of sending Sammy Poueu to China for this series. A motion was made by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, ratifying Parks and Recreation Commission recommendation for $75 contribution to send Sammy Poueu to Beijing, China to participate in the referenced Baseball Series. City Manager Netter introduced Sammy Poueu's mother, Mrs. Faauuga Poueu, who was present at tonight's meeting. Council congratulated Mrs. Poueu on her son's participation in the Baseball Series, wished him well in the venture, and expressed appreciation for his represen- tation of the community. Rohnert Park City Council Minutes (7) July 28, 1992 Planning and Zoning matters: 1) File No. 1548 - Specific Plan - Consideration of Amending the Zoning Ordinance to Add a Specific Plan Ordinance - City Manager Netter referenced copies provided to Council of staff report dated July 14, 1992 with attached Specific Plan Ordinance amending the Zoning Ordinance as reviewed at the previous City Council meeting. He said the duly noticed public hearing also proceeded as scheduled and was closed, accordingly, at the previous Council Meeting of July 14, 1992. W. Netter said it was Council's discussion of this matter that was to be continued at tonight's Council meeting, not the public hearing as incorrectly signified on tonight's agenda. City Manager Netter indicated, however, that if the Mayor or City Council so desired, the public hearing could be re- opened in light of the agenda misprint. No one from the audience indicated the desire to speak, therefore, the hearing was not re- opened. Discussion followed during which Councilman Eck said this Specific Plan Ordinance was one of the toughest issues he has had to consider. He complimented staff on the comfortable way it presented the item for review that gives more flexibility to the issue. Ordinance AN ORDINANCE OF THE CITY OF ROHNERT PARK AMENDING TITLE 17 - ZONING OF No. 563 THE CITY OF ROHNERT PARK'S M- VICIPAL CODE TO INCLUDE PROCEDURES FOR THE ADOPTION, AT42D4ENT OR REPEAL OF SPECIFIC PLANS Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 563 was waived and said ordinance was introduced. 2) File No. 1554 - "MV Zones/Mobile Home Park (HiP) Zones - City Manager Netter said this item was continued from the previous City Council meeting as staff was checking with the Department of Housing and Urban Development to make sure the ordinance complies with all State regulations. City Attorney Flitner confirmed City Manager's comments regarding this matter, as reviewed in the Council Meeting Memo, and said, to date, there has been no response from the State. However, it was City Attorney's opinion that, until such time as a zoning change is allowed, re- zoning the mobile home parks to "Ni" zones would be a better protection for the parcels to remain as mobile home parks. W. Flitner said he, therefore, recommended going ahead and placing this item on the next Council meeting agenda, even if a report has not come back from the Department of Housing and Urban Development. He responded to various Council questions regarding this matter. City Attorney Flitner said he hoped to have the necessary information in hand within the next 4 to 6 weeks regarding this matter, to enable a more detailed report to Council. Mayor Spiro said this item regarding File No. 1554 would be continued following receipt of the above- referenced reports from City Attorney. Rohnert Park City Council Minutes (8) July 28, 1992 Mobile Home Park Council Committee Reports (Eck & Reilly): 1) Mobile Home Park Protection Ordinance (Pacifica Ordinance) - Council Committee Mamber Eck said the Council Committee comprised of himself and Councilman Reilly met with staff to discuss the Mobile Home Protection Ordinance (i.e. the Pacifica Ordinance). He shared comments resulting from this meeting, as reviewed in the Council Meeting Memo. He said after discussing the matter with the City Attorney, it seemed apparent that the mobile home zone, as in "MH" Zones, gives most of the protection the City is after, therefore, it was the consensus of the Committee that the State requirements along with the various other elements, as listed in the Council Meeting Memo, be combined into a mobile home park ordinance rather than take the "Pacifica Ordinance" approach, which is more cumbersome. This would streamline the efforts involved for a governing board and, at the same time, would certainly give the "spirit" of the Pacifica Ordinance and ample protection to the mobile home owners. City Manager Netter and City Attorney Flitner responded to various Council questions regarding this matter confirming City Attorney's continued research of possibilities to separate the referenced elements protecting displacement and relocation, and the State requirements from the zoning requirements. City Attorney Flitner said he would propose a basic and simple ordinance be developed for protection of displacement and that this matter go directly to City Council for review and consideration, rather than bounce it back and forth with the Planning Commission. 2) Rancho Verde Petition and Long Term Leases proposal - City Manager Netter said the Council Committee comprised of Councilman Eck and Councilman Reilly had some general discussion during the above - referenced meeting regarding the 30 homeowners in Rancho Verde who have not signed long term leases pertaining to what costs and procedures may be encountered under Ordinance No. 494 of the Rohnert Park Mobile Home Rent Appeals Board. City Manager Netter also shared contents of copies provided to Council of letter dated July 22, 1992 from Attorney David Spangenberg, Counsel for Rancho Verde Mobi lehome Park and Jim Goldstein requesting the City's Wbilehome Rent Appeals Board consider the adoption of a rule or regulation decontrolling rent stabilization on those spaces not on long term leases when a mobilehome park has achieved 70% or more of its residents on long term leases. Discussion followed during which City Attorney Flitner responded to various Council questions regarding this matter. He confirmed Council concern that this only leaves the thirty people to divide the cost of hearing the petition. Even so, an advantage to consider is that one of the problems with large numbers of people is it takes a long time to review, whereas if it is a very small number, enough of the facts could be presented to the Rent Appeals Board so the Board may handle the situation by becoming the hearing body. There could be some savings by taking it to the Rent Appeals Board rather than taking it to the Hearing Examiner. Discussion continued. Rohnert Park City Council Minutes (9) July 28, 1992 Attorney David Spangenberg reviewed contents of his above- referenced letter requesting decontrol when a mobilehome park has achieved 70% or more of its residents on long term leases. He confirmed that by doing this those residents who have elected to negotiate a long term lease with the park owner and a park owner who has satisfied a clear majority of residents in a park will be able to bind all parties to a comprehensive rent solution satisfactory to the majority of residents. Attorney Spangenberg responded to various Council questions explaining content and intentions of his letter representing the request of Rancho Verde Nbbilehome Park. He said there could be built in protections, or some sort of mechanism in the lease, if decontrol offered the same lease to everybody. Attorney Spangenberg said nothing could be put in the lease that waives the rights of the law and even if something like that were put in, it would not be a valid provision. Attorney Spangenberg also referred to comments regarding closure of the mobile home park in 1993 and said there has been no such intention. s 3) Proposal to Purchase Nbbile Home Park using Assessment Bonds (City of Capitola Nadel) - City Manager Netter referenced copies provided to Council via George Horwedel of a Bond Prospectus dated July 15, 1987 from the City of Capitola outlining a plan it used to purchase a mobile home park and offer those spaces for sale back to the tenants of the park. He said staff is in the process of contacting elected officials or other staff members of Capitola to obtain more information regarding this matter. He also indicated he had talked to representatives of SLJIRO & ConQany on a nilti- Family Bond program that has also been used to purchase mobile home parks and said that a presentation could be made at a later date. Discussion followed during which concerns were expressed regarding the necessity of the mobile home park comnanity being interested in the purchase of a park, even if there was a willing seller. In previous years there was no such interest and Council was accused of interference when such a suggestion was even made. Council Committee Member Eck acknowledged his lack of interest in this proposal when it first surfaced, but the more the Committee looked into it, the more they realized the mechanism had merit. He said he would like to keep the proposal in the back of his mind and wanted City Manager and himself to meet with the City Manager of Capitola to discuss the matter further. It was his understanding that Council had directed the Council Committee to review George Horwedel's proposal which was presented at the previous Council meeting. Mayor Spiro directed the Council Committee to give a further report of this item following its discussion with Capitola. Attorney David Spangenberg said they were working on selling this idea to the mobile home park residents. He said he could report to Council what happened in Capitola because he had communicated directly regarding the matter. Nbbile Home Park tenants decided to purchase the park five years ago. The City has never heard from that particular park again and wishes all the parks would sell out to Rohnert Park City Council Minutes (10) July 28, 1992 residents. Attorney Spangenberg said he is working with Skip Green who is talking about selling to the residents. Mr. Spangenberg said he represents one park owner who is interested in selling to residents, so there is at least one interested. He said this is actually a new phenomena and it creates an atmosphere that is uncomfortable, but there are advantages to both sides, and once the residents own the park, there is no fear of conversion. Also, the value of the coaches are enhanced which includes the advantage in terms of the landlord getting out of rent control. Attorney Spangenberg said he really felt this approach is the long term solution for the mobile home parks. 4) Sim vs. City of Rohnert Park - City Attorney Flitner updated Council on Sim vs. City of Rohnert Park and said the Judgment has been prepared and signed, so that starts the briefing time, which is usually granted the first time around. The briefing could be done by the end of the year or at least by mid -1993. Regardless of the specific timing, it will be argued most like in 1993 -94. RECESS Mayor Spiro declared a recess at approximately 8:00 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8:10 p.m. with all Councilmembers present except Councilman Hopkins. Neighborhood Services District (Street Lighting & Park Maintenance): City Manager Netter referenced copies provided to Council of various staff reports with accumulated information on Street Lighting and Landscaping Maintenance Assessment District and shared contents therein, as reviewed in the Council Meeting Memo. He said this item had been considered last year by Council, and again in January of 1992, with staff recommendation to inplement this program in order to assist the City's budget by offsetting the costs of street light operations and maintenance, and maintenance of City parks. City Manager Netter referenced previous comments made about the City budget and fiscal crisis and explained what the State has done to the cities, which included an approximately $300,000 hit already in 1992 -93. Vice Mayor Hollingsworth responded to comments made during the Unscheduled Public Appearance by Daryl Dell and indicated his comments were unfair and without merit, and that he was sending out misinformation by being misinformed. City Manager Netter and City Attorney Flitner responded to various Council questions regarding options available to the City indicating that the City has overall taxing authority for most of its services, but would require a two - thirds vote of the electorate for special taxes and a majority vote for general taxes. Staff recommends an Advisory Vote for an assessment district be placed on the November 1992 ballot regarding this matter. City Manager Netter indicated that a vote of the electorate is not necessary for a benefit assessment district and that, if the City council wanted to consider this parcel tax itself, it has that option. Rohnert Park City Council Minutes (11) July 28, 1992 Discussion followed during which comparisons were made to the possibility of the people voting against the issue with future complications of mandatory budget needs that will have to be met, and the responsibility of Council to make certain decisions to this effect regardless of popularity. City Manager Netter confirmed that this issue is inportant because of the August 7, 1992 deadline timing of submitting the November ballot measure. He said the City does not have the information of knowing what the State is going to do at this point, but if the proposed budget cuts come down the line, then the City will have to "bite the bullet" and take necessary action. City Manager Netter said consideration could also be given to separating the issues on the ballot measure, such as, library expansion, street lighting, park maintenance, and reimbursement of costs of fire suppression services. Councilman Hollingsworth suggested making the ballot measure a generic question, such as, "should the need arise, how do you feel about enacting an assessment district ? ". He said if any kind of increase in taxes is put on the ballot, the people will vote against it, and speaking for himself as previously stated, said he could not vote in favor of enacting any additional tax without first going to the vote of the people. Dawna Gallagher, 7342 Rasmussen Way, inquired about the cost of putting this item on the ballot. City Manager Netter responded that the cost of a ballot measure is approximately $5,000 for the General November 1992 election as compared to $40,000 to $50,000 for a Special Election ballot measure. Further discussion followed during which comparisons were made to the logic of the economical cost of the November 1992 General Election ballot measure with the more expensive cost of a Special Election. Comparisons were also made to the pros and cons of a binding vote. City Manager responded to Council inquiry regarding the ability of the City's budget to sustain any heat the State gives between now and next June, that the total City reserve would have to be depleted, if the City has not prepared in advance for some kind of back up plan. A motion was made by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, to draft the above - reviewed Assessment District language for consideration of a ballot measure and schedule a public meeting regarding same at 6:00 p.m., next Tuesday, August Yth, 1992. Golf Course matters: 1) North Course Snack Bar /Letter request for Extension of Use Permit - City Manager Netter referenced copies provided to Council of letter dated July 22, 1992 from Jack Anderson, General Manager of Mbuntain Shadows Golf Resort, requesting an extension of the Use Permit for the temporary North Course Snack Bar located south of the 10th tee. He shared contents therein as reviewed in the Council Meeting Memo. Discussion followed. Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, extension of the Use Permit for only one additional year for the temporary North Course Snack Bar was unanimously approved. Rohnert Park City Council Minutes (12) July 28, 1992 2) Capital Improvement Plan - City Manager Netter said Mountain Shadows Golf Resort submitted its capital improvement plan for fiscal year ending 12/31/92. This is a requirement of the lease amendment as approved two years ago. He said Nbuntain Shadows was requesting to raise the resident fees. The Council Committee said "no" to this request because the lower resident fees are a resident benefit and part of the City's terms of agreement with the Golf Course. Transit Route Changes: City Manager Netter said copies of maps were provided to Council maps with attached information regarding proposed route changes for Sonoma County Transit Routes, which are planned to start on Sunday, August 23rd, 1992. The changes for Routes 10 and 11 are predominantly in the "M" Section including the Maurice Avenue route to Bodway down to East Cotati Avenue. Changes for Routes 44 and 48, along Commerce Blvd. and Redwood Drive, are being made in order to accom odate the Wal -Mart area and areas west of U. S. Highway 101. These route changes are provided at no additional costs to the City. City Engineer Brust responded to various Council questions regarding this matter. Transportation matters: City Manager Netter referenced copies provided to Council of Sonoma County Transportation Authority (SCTA) meeting agenda of July 13, 1992 and reviewed notations of City Engineer Brust thereon, as reviewed in the Council Meeting Memo. Discussions included 1) Northwest Pacific (NWP) Right -of -Way, 2) Sonoma -Marin Transit District Proposal, and 3) Countywide Transportation Plan. No action was taken on these items at this meeting. Mr. Netter said copies were also provided to Council of City of Petaluma resolution declining to support the Sonoma County Transportation Coalition's Proposal for a 1992 ballot measure, which was also more fully reviewed in the Council Meeting Memo. Councilman Eck explained the reason for SCTA taking no action on these issues was because there was strong positions expressed that would basically have resulted in a split vote. City Engineer Brust confirmed SCTA would be putting these issues together in a Transportation Element by working with the General Plans of the various areas. He said the first step will be to work with the Countywide Transportation Plan. Robert and Carol Sissa annexation request: City Manager Netter referenced copies provided to Council of letter dated July 18, 1992 from Robert and Carol Sissa requesting consideration of annexation of approximately 47 acres of their property located at 4948 Snyder Lane, 5026 Snyder Lane and 1309 Keiser Avenue. He said copies were also provided for Council's information of an Assessor's Parcel Nbp showing the parcels in relation to Snyder Lane and Keiser Avenue. Robert Sissa, 172 Fescue Way, was acknowledged and reviewed his family's history of the Snyder Lane property location and request for annexation. Mayor Spiro responded to Mr. Sissa that his request would be considered when Council reviews the entire area for possible future annexation. Rohnert Park City Council Minutes Communications - Communications attention of the specifically noted (13) July 28, 1992 per the attached outline were brought to the City Council. No action was taken unless in these minutes. Councilman Reilly referenced item #13 on the Communications list regarding Proposition 99 funds for Tobacco Free Business Project overlap between the City and North Bay Health Resources Center representing the STAMP program. He expressed concern that the two programs might get referred to as a type of contest and since both programs are doing good, precautionary measures should be taken that would not prevent one from working. City Manager Netter reviewed contents of the referenced letter to more thoroughly explain the issue. He confirmed efforts are being made by staff to coordinate the two programs without conflict. City Manager's Report: 1) Budget /State Fiscal Crisis - City Manager Netter said copies have been provided to Council of various communications and letters from the League of California Cities regarding the State Budget Crisis which is still at a stalemate. He mentioned the "Hill & Phil" term that signifies the issues represented by Phil Eisenberg and Senator Hill. City Manager said he believed conclusions would be reached within the next couple of weeks. 2) Open Space Agreements with Santa Rosa /Open Space District - City Manager Netter referenced map on display and said copies were provided to Council of Draft Acquisition Plan dated July 15, 1992, with attached color -coded area map, from Sonoma County Agricultural Preservation and Open Space District. He said he met recently with Open Space District General Manager David Hansen and Santa Rosa City Manager Ken Blackman regarding this matter and they are still in the process of working up an agreement. W. Netter reviewed the color coded areas of the map on display and confirmed that Santa Rosa City Manager Blackman mentioned that the South Santa Rosa Avenue area is not a high priority for them to get developed. W. Blackman said they have no opposition to the referenced open space concerns of Rohnert Park, and is willing to formulate an agreement among the two cities and the Open Space District to protect lands between the two cities. City Manager Netter said David Hansen confirmed that they want to get the Acquisition Plan adopted and then start laying out how to go about addressing the various priorities and open space agreements. He indicated that the area between Santa Rosa and Rohnert Park will be one of the highest priorities. Discussion followed during which Council Committee Member Hollingsworth confirmed that a motion previously made by the Council Committee had been approved to take this approach. Councilman Eck said he would like to see an open space agreement clearly specified so the plan would be consistent and there would be no crowding up of the areas. Rohnert Park City Council Minutes (14) July 28, 1992 3) Public Utilities Settlement Agreement - City Manager Netter said copies were provided to Council of letter dated July 6, 1992 from County Counsel regarding Public Utilities Settlement Agreement - Validation Action. He explained how the utility lines were assessed in connection with the telephone company and said the impact on Rohnert Park will be approximately $300,000 over the next three (3) years, which is good news in a way compared to a previous figure of approximately $1.4 million. 4) MiltiVision Cable TV/Reallocation of prior assessments - City Manager Netter referenced copies provided to Council of letter dated July 15, 1992 from the City's Finance Director Michael Harrow to the County Assessor and shared contents therein regarding reallocation of prior assessments for MultiVision Cable TV. Based on the redevelopment project area referenced in the letter, Finance Director Harrow believes a more equitable allocation should be used other than the 90 %-10% split. He is awaiting response from the County Assessor to discuss the matter further. 5) Tower Apartments Groundbreaking - City Manager Netter said the Tower Apartments project on East cotati Avenue will begin during the seek of August 24th and asked Council if it desired to set a date for a groundbreaking ceremony. Council concurred to August 24th, 1992 at 12:00 noon. City Attorney's Report: City Attorney Flitner confirmed he had nothing further to report at this time. Matters from Council: 1) City Manager Netter said copies were provided to Council of various communications with schedules regarding California's Young Woman of the Year Pageant to be held at the Dorothy Rohnert Spreckels Performing Arts Center from August 12 - 15, 1992. 2) City Manager Netter said copies were provided to Council, for informational purposes, of San Francisco Chronicle article dated July 10, 1992 via Councilman Reilly entitled "Toxic -Risk Rules Change Likely - Bush expected to take final authority from regulatory agencies ". Councilman. Reilly said he had this article brought to Council's attention for information regarding the economic impact and because of the idea that, as the White House changes, so does the idea of what is toxic. 3) ABAG Growth Management Plan - City Manager Netter said copies were provided to Council of reminder notice dated July 10, 1992 from Pete Foppiano requesting responses to previous receipt of ABAG's Preliminary Growth Management Platform. W. Netter confirmed that the City of Rohnert Park has sent various opposing letters regarding the Becky Morgan bill. Rohnert Park City Council Minutes (15) July 28, 1992 4) City Manager Netter said copies were provided to Council of letter dated July 14, 1992 from League of California Cities regarding Designation of Voting Delegate for League Annual Conference. He said the Annual League Conference will be held from October 13 - 15, 1992 and this request is to ensure voting delegate designations. Council agreed to put both the Mayor and Vice Mayor on as voting delegate designations and it will be decided later who will be able to attend the conference. 5) Councilman Reilly expressed concern regarding phone calls received from a resident pertaining to Fairway Drive that should be handled by the Department of Public Safety. Discussion followed. 6) Councilman Eck referenced copies provided to Council of brochure delivered via Dan Carlson regarding City of Santa Rosa Subregional Water Reclamation System. He said it would be a good idea for Council to work out a date for a trip to review the sewer plant. Council agreed to a meeting at the sewer plant at 3:00 p.m. on Tuesday, September 8th, 1992. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Dawna Gallagher, 7342 Rasmussen Way, expressed disappointment in not being able to speak tonight regarding the Specific Plan Ordinance because of the explanation that the Public Hearing had been.closed at the previous Council meeting and the "continued" corrrent on the agenda referred to Council discussion. She said there were several persons in tonight's audience that had planned to comment on this item. Mayor Spiro confirmed there would still be an opportunity for input regarding this item on the next Council agenda when the Specific Plan Ordinance will be considered for adoption. Dawna Gallagher also expressed concern regarding Council response to resident comments about the budget expressed earlier during tonight's meeting, and said she thought an apology was in order. Councilman. Hollingsworth responded that if the Dell's thought he was putting them down, then he apologized, however, the intention of his response was simply that they were misinformed, if anyone thinks this Council takes a casual approach when reviewing budget matters, because very extensive efforts are put forth toward resolving budget matters. Adjouniment Mayor Spiro adjourned the meeting at approximately 9:35 p.m. to 6:00 p.m. next Tuesday, August 4th, 1992 at the City Offices for a public meeting regarding Neighborhood Services District (Street Lighting and Park Maintenance). Depu Cit C e Mayor