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1991/06/25 City Council MinutesRohnert Park City Council Minutes June 25, 1991 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 Eck presiding. CALL TO ORDER Mayor Eck called the regular session to order at approximately 6:21 p.m. and led the pledge of allegiance. Mayor Eck advised that a closed session commenced this evening at 6:00 p.m. to discuss the mobile home rent control litiga- tion matter and two other miscellaneous personnel matters. He said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Hollingsworth, Hopkins, Reilly, Spiro and Mayor Eck Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, City Engineer Brust and Finance Director Harrow. MOMENT OF SILENCE Mayor Eck said a moment of silence would be observed at this time for Police Chief Dennett's son, Ronald Dennett, who recently passed away. Approval of Minutes Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the minutes of June 11, 1991 were unanimously approved as submitted. Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, the bills presented per the attached list in the amount of $529,080.88 were approved. CDA bills presented per the attached list in the amount of $14,827.12 were approved. Non - agendaed Mayor Eck queried if any Councilmember had any non - agendaed Matters items to add to the agenda. Councilmember Spiro said she had two miscellaneous items to add under Matters from Council. Mayor Eck said he had an item to add regarding school EIR under Matters from Council. 1 2 City Manager Netter said he had three items to add under City Manager's report. Unscheduled Public Mayor Eck stated that in compliance with State Law (The Brown Appearances 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. No one responded. C O N S E N T C A L E N D A R Mayor Eck 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 No. RESOLUTION CALLING FOR SEALED PROPOSALS, TRAFFIC SIGNAL: 91 -114 ROHNERT PARK EXPRESSWAY /LABATH AVE., PROJECT NO. 1989 -13 Resolution No. ACCEPTANCE OF PUBLIC UTILITY EASEMENT, CODDING ENTERPRISES (NW 91 -115 Corner Rohnert Park Expressway at Labath Avenue) Resolution No. A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER 91 -116 TO FILE NOTICE OF COMPLETION, AQUEDUCT PIPELINE - HINEBAUGH CREEK, PROJECT NO. 1989 -21 Resolution No. RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -117 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 1991 -92 FISCAL YEAR PURSUANT TO ARTICLE XIII B OF THE CALIFORNIA CONSTITUTION Resolution No. AUTHORIZING -REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS 91 -118 PROPERTY FROM`CALIFORNIA STATE AGENCY Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -119 REQUESTING FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD A SIX MONTH EXTENSION FOR THE SUBMISSION OF THE SOURCE REDUCTION AND RECYCLING ELEMENT AND THE HOUSEHOLD HAZARDOUS WA$TF$ FLEMENT AS PEQUI °ED BY An 939 Resolution No. AUTHORIZING A PROCLAMATION DECLARING JULY AS "PARKS AND 91 -120 RECREATION MONTH" Resolution No. AMENDING RESOLUTION NO. 90 -212 ALLOWING FOR SPOUSES OR 91 -121 DEPENDENT CHILDREN OVER 18 YEARS OF AGE TO USE SPORTS CENTER FACILITIES WITHOUT BEING ACCOMPANIED BY AN EMPLOYEE Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was 2 approved. Resolution No. A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY 91 -122 ACTIONS TO ADOPT A QUALIFYING RETIREMENT PLAN FOR PART -TIME OR TEMPORARY EMPLOYEES TO COMPLY WITH SECTION 11332 OF THE OMNIBUS BUDGET RECONCILIATION ACT AND SECTIONS 3121(b)(7)(F) OF THE INTERNAL REVENUE CODE City Manager Netter explained the resolution. Upon motion by Councilmember Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 91 -122 was waived and said resolution was adopted. Scheduled Public Appearances: Sonoma Life Support Steve Madison, local Director of Operations of the new Central Sonoma County Ambulance Franchise, Sonoma Life Support, referenced copies provided to Council of background and information packet dated June 7, 1991 from Sonoma Life Support and said he was here tonight to answer Council questions regarding same. He responded to various inquiries regarding legalities of a temporary restraining order and confirmed this currently applies only to non - emergency calls that do not require medical care. He said there are a number of units available via computer dispatcher who would be contacted in the event of any mishap to a particular vehicle in use. Council viewed the new ambulance and equipment that was on display in the parking lot. Mr. Madison explained functions of the equipment and responded to various questions. Mayor Eck expressed appreciation to Mr. Madison for the presentation and said the City is looking forward to having an outstanding ambulance service. Mobile Home Rent Councilmember Hollingsworth referenced explanation in the Appeals Board terms Council MeetirL..Memo regarding Mobile Home Rent Appeals Board Member's terms, all of which will expire December 31st, 1991. As discussed at the previous Council meeting, in accordance with Ordinance No. 494, Rohnert Park's Mobile Home Rent Control ordinance, each of the RAB Members will have served the limit of two, two year terms and, therefore, Council concluded the need to establish staggered RAB terms to coincide with Council terms. Councilmember Hollingsworth said he has not been approached by anyone interested in being appointed to the Rent Appeals Board and so notices should be published to inform the public of the need of five new RAB Members by the end of the year. He said his appointment of a new member would be first because of the resignation of Board Member Ralph Jones as listed on tonight's agenda. Councilmember Hollingsworth suggested making his new appointment for one and one -half years to expire December 31, 1992, that the second appointment also start off with the shorter one year term to expire December 31, 1992, and then the next three appointments would start with the standard two year terms to expire December 31, 1993. Discussion followed. A motion was made Councilmember Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to accept the resignation of Mobile Home Rent Appeals Board Member Ralph Jones as submitted. A motion was made by Councilmember Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, for the first two Mobile Home Rent Appeals Board Member appointments to be the shorter one and one -half year and one year terms expiring December 31, 1992 with the other three appointments being the standard two year terms that would expire December 31, 1993. Discussion followed during which Council agreed it should draw lots for these appointments and directed staff to proceed immediately with publications informing the public of all five openings. High School Parking City Manager Netter referenced plans on display and explained Lot Expansion the proposed parking lot expansion and improvements of Cotati- Rohnert Park Unified School District and Rancho Cotate High School as outlined in the Council Meeting Memo. He said City Engineer Brust had some concerns regarding traffic patterns and recommended that 2 -way traffic be restricted between 8:00 a.m. - 8:30 a.m. on the central driveway. Discussion followed during which concerns were expressed regarding funding availability and that the question should be raised as to why the commitment is being made to the expense of the parking lot expansion when the School District has such budget problems and that maybe the timing isn't right for such an improvement. It was the consensus that a letter be directed over the Mayor's signature requesting information on the need for the expansion, request for a reduced parking lot expansion and more interior landscaping. Rohnert Park Express- City Manager Netter referenced plans on display and explained way Bridge /U.S.101 interim proposal for improvements on the Rohnert Park Expressway Bridge over U. S. Highway 101 as detailed in the Council Meeting Memo. The interim proposal would accomodate four (4) through lanes with a left hand turn pocket for north and south bound entry to US 101. This interim proposal would cost a f'r�actilon of ai.._ Cali.__.__ - - -� � � � y�� ���� �� ���� �d i�rans proposal for widening the bridge with the same result of providing the needed four lanes of traffic. Preliminary drawings have been done on the option and staff is in the process of presenting these plans to Caltrans to solicit approval. Discussion followed during which City Engineer Brust responded to various Council questions regarding estimated cost figures of this interim option ranging from $200,000 to $300,000 compared to the Caltrans proposal; that the option could suffice for at least ten years or until such time as funding is available from Caltrans for future expansion, if necessary; 4 and that whenever efforts have synchronizing traffic lights with advisable because Caltrans always for no stacking on the freeway rai City's traffic flow. In response possibilities of a compromise results, Mr. Brust said he was Thursday, June 27th, and would be attention, including the traffic Expressway. been made in the past for Caltrans, it has not seemed wants to control the lights nps which greatly hinders the to Council inquiry regarding with Caltrans for desired meeting with Caltrans this bringing these items to their light synchronization on the Transportation matters: 1) Sonoma County Transit Route 46 request - City Manager Netter referenced copies provided to Council of letter dated June 6, 1991 from Sonoma County Transit and shared contents therein requesting Route 46 to detour from Petaluma Hill Road to Snyder Lane which would include stops at intersections as listed in Council Meeting Memo and then on to Sonoma State University. Mr. Netter said staff recommends this change as it will provide additional transit service for the citizens of Rohnert Park between Sonoma State and Santa Rosa. Discussion followed during which City Engineer Brust responded to Council questions regarding this detour confirming that the estimated cost would be $15,000 for the widenings along Snyder Lane to accommodate bus stops but the intent would be to include the work in the existing project so the additional cost would be very minimal. Mr. Brust said his only concern was one of the parking lots creating a left turn problem and confirmed to Council inquiry that plans are to get rid of the cement berms in the referenced parking lot. 2) Sonoma County Para - Transit Committee appointment City Manager Netter referenced copies provided to Council of memo dated June 7, 1991 from Recreation Director Pekkain and shared contents therein regarding Sonoma County Para - Transit Committee appAintment and said Ann Kennedy has advised that she can no longer serve on this Committee. City Engineer Brust responded to Council inquiry that this appointment does not need to be limited to a senior citizen but is open to anyone interested in the Para - Transit Committee and said it will be a month or so before the opening will need to be filled. Mayor Eck suggested this appointment opening be noticed. 3) Rohnert Park Para - Transit Bus Service procedures - City Manager Netter referenced copies provided to Council of proposed procedures for the Rohnert Park Para - Transit Bus Service and said these procedures would be implemented for the Rohnert Park Sunshine Bus currently being used for the Senior Citizens and other transit needs. He shared contents of explanation as detailed in the Council Meeting Memo and said the Sunshine Para - Transit Bus Service policies included in the attachments provided for Council's information outline the conditions whereby this service could be used to off -set the 5 concerns addressed at recent unmet transit needs hearings. Government Finance Mayor Eck said copies were provided to Council of letter Officers Assn.Award dated June 7, 1991 from Government Finance Officers Association regarding notice that the City's comprehensive annual financial report for the fiscal year ended June 30, 1990 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. Mayor Eck presented the Award of Financial Reporting Achievement to Finance Director Harrow and said, thanks to the fine work of Mr. Harrow and staff, that this is the ninth year in a row this award has been presented and extended congratulations to Mr. Harrow and the Finance Department staff for continuing with such quality efforts. Proposed "Dog Park" Janis Storbo, 7665 Camino Colegio, referenced copies provided to Council of her letter dated June 14, 1991 (copy attached to original set of these minutes) and shared contents therein requesting Council's consideration of a "dog park" in Rohnert Park. She responded to various Council questions and gave examples of procedures and uses of such dog parks in other cities and said she would be glad to participate in efforts to help make such a park possible in this City. Discussion followed. A motion was made by Councilmember Hopkins, seconded by Councilmember Spirc, and unanimously approved, directing staff to check with other communities on "Dog Parks" and report back to the City Council with the information. Pooper Scooper Ord. City Manager Netter said copies were provided to Council of ordinance for possible introduction (which was prepared for consideration at a previous Council meeting in October 1990 and tabled at that time); memo dated June 20, 1991 from Director of Public Safety Dennett regarding Enforcement of " Pooper Scooper" Ordinance with attached copy of Penal Code Section .174, an article regarding the licensing of cats and a memorandum from Animal Control Technician Meg Crumley. Mr. Netter shared contents of these items as detailed in Council Meeting Memo. Copies were also provided to Council for public comment scheduled at this time on the agenda of letter dated June 21, 1991 from Harvey Bell & Associates encouraging Council to enact a Pet Control Ordinance similar to nna anrin�ca�1 +A Mr. Bel is i, a �,.r . - n��., 1 -1 UaI I J IGVL;I kI,UP �% attached to original set of these minutes). City Attorney Flitner responded to Council questions and confirmed as outlined in the Council Meeting Memo that the major downfall to enforcing Penal Code Section 374 is that the offense is a misdemeanor and, according to the California Penal Code, an officer could only arrest a person for a misdemeanor when it is committed in his presence. He said because of this, if the City desires to adopt an ordinance, it would simplify matters if the penalty for violation were to be an infraction since it would be easier to collect through the 2 normal Small Claims Court actions. Discussion followed regarding the differences between the two options, the pros and cons of including cats in the pooper scooper requirements along with the need for cats to be licensed, comparison with effectiveness of smoking ordinance, as well as apparent cooperation of citizens to simple posting with reference to existing regulations regarding no glass drinking containers in parks. Question was raised by Council regarding the possibility of proceeding to a misdemeanor after so many infractions, if a pooper scooper ordinance were adopted for infractions versus misdemeanors. Complications to the Department of Public Safety regarding enforcements were reviewed, as well as the risk of subjecting the City to additional costs that would outweigh the benefits of a pooper scooper ordinance, along with possibilities of pitting neighbor against neighbor. Public Comments Mayor Eck said public comments would be heard at this time, being approximately 7:34 p.m. Paul Gregorian Paul Gregorian, 5739 Davis Circle, said it has been asserted that a pooper scooper ordinance is not enforceable and that most laws on the books are there as a deterrent for law breakers to behave and follow an ordinance. With respect to the argument that such an ordinance will pit neighbor against neighbor, he said the contrary is true and that it is most unfortunate that there are those in the community that have disregard for others by allowing their dogs and cats to run loose to defecate on properties. Mr. Gregorian said it is most imperative that a pooper scooper ordinance by enacted for cats as well as dogs. He said concerns have been expressed regarding enforcement costs but there are also costs involved now to the victimized citizens and, if there were an ordinance, a person could at least appeal to the law, otherwise we are at the mercy of the individuals that are neglectful and— inconsiderate. Jim Clark Jim Clark, 80 Walnut Circle, said this subject has been a pet peeve of his and asked how many know that the urine of these pets is almost pure hydrflomic acid and is the reason bones can be dissolved in their stomachs, therefore, a plant can easily die if it is not hosed down immediately after an animal urinates on it. He asked if the City is afraid to do something about the problem and said he was in favor of enforcement of infractions. Mr. Clark gave examples of neighbors walking with pets and turning them loose after dark and said he would appreciate very much this Council's enactment of a pooper scooper ordinance. He said a cat is a predator, that he has caught as many as fourteen cats in cat traps which he has taken to the dog pound, and that a cat will never be caught a second time in a cat trap. Mr. Clark referenced a recent court case with the conclusion that pet droppings end up being garbage dumped on people's property. He thanked Council for listening to his comments. 7 George Horwedel George Horwedel, 7669 Camino Colegio, said it might be a good idea to use Councilmember Hollingsworth's previous suggestion to simply post requests encouraging citizens to use pooper scoopers to pick up after their pets for the welfare of the community and see if it will alleviate the problem. If this approach is not effective at the end of a year's time, then a pooper scooper law could be put into effect. Tim Danesi Tim Danesi, 6400 Meadow Pines Avenue, said he lives in a condominium across from a park and has had a lot of experience watching pet owners bring their dogs and cats to run loose in the park. He said this creates a health hazard as well as the nuisance of cleanup for children also playing in the park and felt it is an issue that has to be addressed. An ordinance might encourage pet owners to at least think about others. Lisa Whitmore Lisa Whitmore, Sonoma Grove, said as an owner of several cats that cat licensing is an excellent and necessary idea. She said it is almost impossible to keep cats on a leash but one compensation is that cats usually bury the droppings which is not a common practice of dogs. John Gregorian John Gregorian, local resident, said he has never seen a cat bury its feces in his observations of the neighborhood. Mimi Young Mimi Young, Sonoma Grove, said she is also in favor of cat licenses. As an owner of five cats, as well as being a volunteer at the animal shelter, she felt there is a problem with including cats in the pooper scooper law since many landlords, like hers, do not allow pet owners to build enclosures for pets. She felt that responsible pet owners are being responsible. Ms. Young requested, if cat licenses are to be required, that the limit coincide with Sonoma County which is five. Carol Haggerty Carol Haggerty—.167 Fescue Way, said if the City does require —the cat licenses, charge should be less than for dogs. She thought the pets that are not spayed or neutered are causing most of the problems. Mayor Eck closed the public comments period at approximately 7:55 p.m. A motion was made by Councilmember Spiro, seconded by Councilmember Hopkins, to introduce the Pooper Scooper Ordinance with the inclusion of cats. City Attorney Flitner distributed to Council copies of the two pooper scooper ordinance options he prepared for Council review and consideration. He reviewed the differences between the options regarding misdemeanors and infractions as mentioned earlier tonight and as outlined in the Council Meeting Memo. He said the infractions were set at $50.00 for first offense, $75.00 for second offense, and $100.00 for three or more D offenses, and if Council thought the charges were too much, amendments to change the amounts could be made. Mr. Flitner said the cat ordinance only requires licensing at this time, that amounts could be set by resolution, that this ordinance only requires the licensing but it does state that the fee will increase if license is not obtained within certain time limits. Mr. Flitner said he thought it would be advisable to receive input from representatives of the Animal Control Shelter. Discussion followed during which comments were made that cat and dog owners should be treated the same. Concerns were expressed regarding a $50 fine for a first time offense that should probably be a freebie or a symbolic fee like $10 resulting in the recommendation to change the fines starting at $50 to begin at $10 and graduate to $25 and then $50. City Manager Netter commented that the higher rates recommended in the ordinance for consideration were simply efforts to recoup City costs. Councilmember Hollingsworth responded that, if an ordinance is enacted, it should be cost effective. He said a warning should be given to a first time offender and, thereafter, enforce the fines as recommended by staff. Councilmember Reilly reviewed the differences between the two ordinance options presented and pointed out that the mechanism for enforcement of this matter is already available through Section 374 of the California Penal Code. Further discussion followed regarding the advantages of enforcing the existing Penal Code with the possibility that the District Attorney will enforce it, that the inconvenience of receiving a misdemeanor citation could produce effective results in itself, that notices could be posted immediately regarding enforcement of Section 374 along with headlines in the next City newsletter regarding this intention, and that warningsu.could be given to offenders with a brief explanation letting them know they can be subject to this misdemeanor citation. Councilman Hopkins withdrew his second to the above motion by Councilmember Spiro to introduce the Pooper Scooper Ordinance. Mayor Eck said the motion died for lack of a second. City Manager Netter responded to Councilmember Spiro's inquiry that enforcement of Section 374 of the California Penal Code would take into account both public and private properties in regard to pet owners cleaning up after their pets. A motion was made by Councilmember Hopkins, seconded by Councilmember Spiro, and unanimously approved, to start enforcing Section 374 of the California Penal Code as reviewed in the above discussion. It was the consensus of the City Council to place the item regarding cat licenses along with proposed fee schedules on the next Council agenda. Card Room Ballot City Manager Netter said a public hearing has been scheduled Measure at this time regarding consideration of a card room ballot measure as explained in fuller detail in the Council Meeting Memo and which was prompted by a previous resident request to obtain a card room permit in Rohnert Park. He referenced copies provided to Council of staff memo dated June 25, 1991 (copy attached to original set of these minutes) regarding the estimated cost to place a measure on the June 1992 election ballot which would be approximately $30,000 because it is a primary election. Mr. Netter said if this ballot measure were deferred to the regular Council election in November, the cost would be considerably less at approximately $14,000. Public Hearing Mayor Eck opened the public hearing at approximately 8 :00 p.m. Robert Sissa Robert Sissa, 172 Fescue Way, said he has been a resident of the community since the beginning of Rohnert Park. He confirmed he is the person who previously requested the card room permit and said he thought Rohnert Park needs a card room because it is relaxing and entertaining for everybody involved. He made the comparison to permitting bingo games, gave examples of other cities throughout the State that allow card rooms, and reviewed revenue benefits to the cities from licenses and sales tax of food and beverages. Mr. Sissa said he would be willing to cover the $14,000 ballot measure cost for the referenced November 1992 election if there were a restriction on area use such as 75,000, as well as some kind of assurance that his business could be one established, or in someway share the expense with others that do get permitted as a result of this effort. City Attorney Flitner responded that he thought there could be area restriction limited to certain zones but no individual preference could be given. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 8:10 p.m. Discussion followed regarding the possibility of the applicant ini +;n +;., ,...:,.: 11 . I— Ing a pcL, it, ion IIIeaJUve and the petition signature requirements, Council responsibility to such petitions, confirmation of interest to consider the lowest cost ballot measure in the November election as well as being in favor of limiting the number of card room facilities in the city. A motion was made by Councilmember Hopkins to direct staff to prepare an ordinance for consideration to allow certain card rooms with certain restrictions for the November 1992 election. Said motion died for lack of a second. 10 Discussion followed during which Mayor Eck said this would be a long range plan and confirmed the need for groundwork and input from staff regarding details as well as legalities before Council can decide if it wants to put a measure on the ballot for the November 1992 election. Suggestions were made for staff to check with other cities to see what kind of problems have been encountered in the establishment of card rooms, for City Attorney Flitner to see if it is legal to allow an applicant to pay for election costs, as well as find out whether or not cities can put a tax on card rooms, and that Mr. Sissa might want to start now in obtaining names of people interested to see what kind of support is in the community. RECESS Mayor Eck declared a recess at approximately 8:20 p.m. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:30 p.m. with all Councilmembers present. Performing Arts City Manager Netter referenced copies provided to Council of Center matters three resolutions for consideration regarding the Performing Arts Center with attached backup information regarding same as well as details explained in the Council Meeting Memo. He said Director Michael Grice was present at tonight's meeting to respond to any Council questions. Resolution No. A RESOLUTION APPROVING THE RATES FOR TICKETS AND SUBSCRIPTION 91 -123 CHARGES AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER AND AUTHORIZING THE DIRECTOR OF THE PERFORMING ARTS CENTER TO ESTABLISH SPECIAL PRICING OF TICKETS WITH THE APPROVAL OF THE CITY MANAGER City Manager Netter explained the resolution. Upon motion by Councilmember Hollingsworth, seconded by Councilmember.—Hopkins, and unanimously approved, reading of Resolution No: 91 -123 was waived and said resolution was adopted. Resolution No. A RESOLUTION APPROVING A COMPLIMENTARY TICKET POLICY AT THE 91 -124 DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER City Manager Netter explained the resolution and confirmed a brief discussion with Council Committee Members regarding the need to add language stating that the referenced complimentary tickets are to be used by the full time employees only and not transferable because the intent is to provide an employee benefit as well as enabling the employees to directly respond to public inquiries regarding the performances. Upon motion by Councilmember Hopkins, seconded by Councilmember Reilly, and unanimously approved, reading of Resolution No. 91 -124 was waived and said resolution was adopted as amended above. 11 Perf.Arts Center Councilmember Hopkins said the resolution for consideration 1991 -92 Rental Rates regarding Performing Arts Center rental rates for 1991 -92 and and Policy Changes proposed rental policy changes needed to be deferred until the Council Committee can review the matter further. Council concurred. Mayor Eck requested signify the number of agenda items. He said items listed under th increases, it would sewer rates. a show of hands from the audience tc individuals interested in the next two since there was greater interest in the proposed 1991 -92 City budget and fee precede the item regarding water and Proposed 1991 -92 Mayor Eck advised that Council is still in the process of City Budget /Proposed working on the 1991 -92 City budget and considering various Fees Increase ways of raising revenues, therefore, the public hearing regarding this item would be continued at the next Council meeting. He said there would be no formal action tonight regarding the budget and that Council would only take input from the scheduled public hearing. City Manager Netter said the public hearing scheduled at this time regarding the Proposed 1991 -92 City Budget /Proposed Fees Increase had been duly noticed and referenced details outlined in the Council Meeting Memo regarding the listed agenda items as well as staff reports for same. He confirmed there had been two budget work sessions that were held on June 17 and 24, 1991 with plans to schedule one more work session. Mr. Netter referenced copies provided to Council of memo regarding items listed in order to complete the budget review and shared contents therein which included the crossing guard program, truancy program, recommendations regarding funding for local groups, and commented on the figures involved in balancing the budget. He said this budget represents a holding pattern to maintain existing levels of service, taking into consideration current conditions of the economy, that there are basically no new hires recommended, and expressed appreciation to the City's hard — working and dedicated employees and support from Council members. Public Hearing Mayor Eck opened the public hearing at approximately 8:43 p.m. and said all proposed budget items A through D listed on the agenda would be handled at this time. Nabih Geha Letter dated June 18, 1991 from Nabih Geha, General Manager, Red Lion Hotel, One Red Lion Drive, expressing opposition at this time to raise the occupancy tax rate for Rohnert Park due to the recent downturn of business because of the slow economy. (Copy attached to original set of these minutes). Carol Rogers Carol Rogers, ERA Freedom Realty, 1451 Southwest Blvd., distributed copies to Council of letter dated June 25, 1991 from Sonoma County Realtors Association, Executive Vice 12 President Cara S. Kallen and shared contents therein regarding vigorous opposition to the proposed increase in the City's real property transfer tax. She expressed appreciation to Council for working so hard for the City and for holding off on this increase at the previous budget review. She expressed questions regarding the development of the Price Club and asked if the City is not going to have more revenues from the incoming businesses in this area. Al Haggerty Al Haggerty, 167 Fescue Way, said his comments were more in the form of a couple of questions regarding the animal shelter. He referenced page 52.1 of the Proposed 1991 -92 Budget regarding Capital Project Summary, Project 1990 -14 listing $1.5 million from CDA bond proceeds. He asked if this means the money is in the budget and whether or not letters supporting the animal shelter are needed from citizens like himself who are highly recommending it. City Manager Netter responded that this is one of the reasons for continuing this budget item to the next Council meeting because these items have not been fully reviewed by Council. He said based on the funding from CDA, the referenced project has been highlighted, but there are many other projects that may take priority. The City Council as Agency Members will be reviewing the priorities of projects and will establish what projects will be approved for funding. Mayor Eck said the animal shelter City's plan and confirmed it will be given full consideration at the next budget review which will be scheduled before the close of tonight's meeting. Mary J. Waltman Mary J. Waltman, Century 21 Classic Properties, Inc., 6601 Commerce Blvd., said the real estate market has been hit hard and it seems like this is not an opportune time for increasing any property taxes. She said the realtors in this area have made every effort to operate to the advantage of the young people in the community and they would like to be able to continue this effort. There being no one further desiring to speak, Mayor Eck continued the public hearing on the 1991 -92 budget at approximately 8:51 p.m. to July 9, 1991. Council concurred to schedule the next budget work session on Tuesday, July 2nd, 1991 at 4:00 p.m. Water /Sewer rates Mayor Eck advised that Council would return to the agenda items regarding water /sewer rates which was scheduled prior to the budget item. City Manager Netter said a public hearing was scheduled at the time regarding proposed water /sewer rate increases. He referenced copies provided to Council of separate resolutions for consideration for each utility with attached financial reports and reviewed the increases as outlined in the Council 13 Meeting Memo. Discussion followed during which confirmation was given that these increases are basically due to Santa Rosa's Subregional System increased operational costs. City Manager Netter responded to Council inquiry that the City Engineer did receive a five year projection from Santa Rosa for this project. Council expressed concern regarding these increases being the tip of the iceberg and the need to remind officials that whenever they recommend studies for these projects, Rohnert Park will be paying 21% of the costs involved. Further concerns were expressed regarding possibilities of cutting billing expenses with consideration given to quarterly or half year billings with options always open for residents to pay monthly. The pros and cons of coupon attachments to such billings were reviewed. City Manager Netter responded to Council inquiry regarding special arrangements for residents like the elderly on limited incomes and said the matter could be researched in more depth to consider establishing a policy for situations of real need, but in past efforts regarding this matter have never materialized. Public Hearing Mayor Eck opened the public hearing at approximately 9:04 p.m. There being no one desiring to speak, Mayor Eck closed the public hearing. Resolution No. A RESOLUTION AMENDING RESOLUTION NO. 88 -75, WATER OPERATION 91 -125 RULES AND REGULATIONS REGARDING WATER USAGE RATES FOR WATER SERVICE Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, reading of Resolution No. 91 -125 was waived and said resolution was adopted. Resolution No. RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING RESOLUTION 91 -126 ESTABLISHING RATES AND CHARGES FOR SEWAGE TREATMENT AND DISPOSAL SERVICE Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, reading of Resolution No. 91 -126 was waived and said resolution was adopted. Mayor Eck acknowledged Councilmember Hopkins' statement that the preceding motions were with great regret and said this Council has had the standing policy not to drop reserves and that it is better to continue with gradual percentage increases in this manner than to hold off and find it necessary to deal with large increases at a later date. Tax & Revenue Antici- pation Notes (TRANS) City Manager Netter introduced Phil Hoon, Representative of Sutro & Company and said, as directed by Council at the previous Council meeting, copies were provided to Council of 14 resolutions for consideration regarding Tax & Revenue Anticipation Notes (TRANS), a program proposal by Sutro & Company. Mr. Netter shared details of the program proposal as outlined in the Council Meeting Memo. He said the yield to the City would be an estimated $66,000 annual benefit. Phil Hoon, Representative of Sutro & Company, reviewed the TRANS program proposal and shared highlights of the contents therein. He responded to various Council questions regarding procedure details and said there were no risks to the City except for the minimal risk of investment rate when funds are taken from one investment vehicle and placed in another, if the rate drops slightly at that time then the City's amount would also drop coinciding with the slight variation. He confirmed that the estimated $66,000 annual benefit yield to the City was a modification from last meeting's figure because there had been a more thorough review with the City's Finance Department to deal with actual figures and, therefore, is a fairly good assurance that this estimated annual benefit will be there. Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -127 PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1991 -1992 AND THE ISSUANCE AND SALE OF 1991 TAX AND REVENUE ANTICIPATION NOTES THEREFOR Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -128 AUTHORIZING AND APPROVING AGREEMENT FOR LEGAL SERVICES BY JONES HALL HILL & WHITE FOR BOND COUNSEL SERVICES Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -129 AUTHORIZING AND APPROVING AGREEMENT FOR FINANCIAL ADVISORY SERVICES (With Sutro & Co.) Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK 91 -130 AUTHORIZING AND APPROVING A PAYING AGENT AND SERVICING AGREEMENT WITH- SECURITY PACIFIC NATIONAL BANK (Re. Tax & Revenue Anticipation Notes) Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -131 ACCEPTING AND APPROVING OFFICIAL STATEMENT BY SUTRO & COMPANY FOR 1991 POOLED TAX AND REVENUE ANTICIPATION NOTES (CERTIFICATES OF PARTICIPATION) Upon motion by Councilmember Hopkins, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution Nos. 91 -127 through 91 -131 were waived and said resolutions were adopted. Abatement /Action of City Manager Netter said time has been scheduled on the disrepair properties agenda at this time to review Abatement /Action of properties showing disrepair. 1) 7608 Blair Avenue - City Manager Netter said City Engineer Brust has been reviewing the progress of repairs at 7608 Blair 15 Avenue on a daily basis and reports that substantial work is being completed. City Engineer Burst confirmed that the interior of this property has been gutted, the property is still secured to prevent entry of neighborhood children during renovation, the roof has been totally removed, and though it is open during working hours, the building is boarded up for security when the workers leave the premises. 2) 7711 Blair Avenue - City Engineer Brust said copies were provided to Council of letter request of appeal dated June 12, 1991 from John D. Milliken, Owner /Broker, Realty World, who is the new owner of 7711 Blair Avenue property. Mr. Brust said substantial work is occurring both on the outside and inside of this property including replacement of sliding glass doors, new roof /rain gutters, and that the repair work should be completed within two weeks. He said the new owner of the property was present at tonight's Council meeting. John D. Milliken John D. Milliken, new owner of 7711 Blair Avenue, confirmed City Engineer's comments and said they are working diligently everyday on the repairs of this property. He said painting of the building should be completed by next Tuesday or Wednesday and that he just did not want the concerned citizens taking over his rights as a private citizen. He said he understood the frustrations vented toward the previous owner, but he is the new owner and doing everything possible to correct the situation and make the needed repairs. Mr. Milliken responded to Council inquiry that all repairs should be completed within two weeks. Discussion followed during which Council concluded that it would be a courtesy to the new owner to schedule the appeal for this property in thirty days rather than in two weeks to allow adequate time to complete all repairs, in which case the appeal would not be necessary. A motion was = -made by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, to set the appeal as requested for 7711 Blair Avenue property for the second Council meeting in July (July 23, 1991), if necessary. 3) 7512 Blair Avenue - City Engineer Brust updated Council on the repair progress at 7512 Blair Avenue which basically inun lv ea 4-L, ..r I. ����a o area. ne said substantial work is progressing on the roof repairs and confirmed that necessary papers have been filed which would enable the City to take abatement action, if necessary. 4) 700 Liberty Court - City Manager Netter said staff reviewed the property at 700 Liberty Court and confirmed that the tenants at the location were very cooperative and indicated to City Engineer Brust that they would take care of the wood, debris and weeds along the west side of the property. 16 Wilfred Ave.Inter- City Manager Netter said a public hearing has been scheduled change Assess.Dist. at this time regarding the Wilfred Avenue Interchange Area Assessment District, Project No. 1987 -10 which was brought to Council's attention during its second meeting in May and involves ordering changes and modifications to include the purchase of the right of way of the Willis Avenue stub road between Willis Avenue and Redwood Drive. He said copies were provided to Council of resolution for consideration regarding this matter. City Engineer Brust referenced map on display regarding the Wilfred Avenue Interchange Area and reviewed details of assessment money generated in the fund and remaining in the fund for various uses such as purchasing the right of way for the stub road on Willis Avenue. Public Hearing Mayor Eck opened the public hearing at approximately 9:25 p.m. There being no one desiring to speak, Mayor Eck closed the public hearing. Resolution No. RESOLUTION ORDERING CHANGES AND MODIFICATIONS, WILFRED AVENUE 91 -132 INTERCHANGE AREA ASSESSMENT DISTRICT, PROJECT NO. 1987 -10 Upon motion by Councilmember Hopkins, seconded by Councilmember Spiro, and unanimously approved, reading of Resolution No. 91 -132 was waived and said resolution was adopted. Parks and Recreation 1) Power Boats on Roberts Lake Policy - Recreation Director Commission matters: Pekkain referenced copies provided to Council of his memo dated June 17, 1991 regarding proposed policy for use of Roberts Lake by model boats which was approved at the recent Parks & Recreation Commission meeting and said he would be glad to answer Council questions regarding this matter. He confirmed that staff had actually observed the model boats on Roberts Lake and talked to management at Red Lion Inn and staff is not aware of any problems generated by this activity. He said the —2:00 p.m. to 6:00 p.m. time frame was a modification from model boat representatives. 2) Sports Center & Other Recreation Facility Priorities - Recreation Director Pekkain shared contents of copies provided to Council of letter from Commission Chairman Jay Potter to youth and adult sports groups to assist the Commission in developing a master plan for prioritizing the development of future recreation and sports facilities. He said a public hearing will be held in October followed by a second one shortly thereafter and it is the Commission's goal to have a list of priorities submitted for Council's review in January, 1992. 3) Additional Racquetball Courts recommendation - Recreation Director Pekkain said recommendation for additional racquetball courts would be included in the above procedure as explained regarding priorities for recreation facilities. 17 Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager4 Netter referenced item No. 17 on the Communications List from FAIRE regarding request for financial assistance and said the request was listed in the proposed 1991 -92 budget and would be reviewed at the budget work session scheduled for next Tuesday, July 2nd. City Manager's Rernrt-1) Nnrth RAv FP11MPniPn1 Wnito;., r, Dr...,,,, i r',4 -- LA - - - - - - AI..i.L_._ ---i —. _.. --J .. .- -. �I any r, VPV act i - 1. ILy I'IQIIoycI NutLur referenced copies provided to Council of letter dated June 19, 1991 from Northbay Ecumemical Housing regarding a demonstration project at Windsong Condominiums /NEH 1st -time Homebuyer CASA Loan Program and said this item was brought to Council's attention with staff's recommendation to refer it to the Interim Housing Task Force for review. Discussion followed. A motion was made by Councilmember Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to refer this 18 4) Security Guard Policy Addition - Recreation Director Pekkain referenced copies provided to Council of resolution for consideration, Community Center and Recreation Buildings Policy, and his memo dated June 13, 1991 regarding Security Guard Policy Addition and shared contents therein. Resolution No. A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK 91 -133 APPROVING POLICY AMENDMENT FOR USE OF COMMUNITY CENTER AND RECREATION FACILITIES (Includes provisions for security guards under certain conditions) Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, and unanimously approved, reading of Resolution No. 91 -133 was waived and said resolution was adopted. Supervisorial City Manager Netter reviewed contents of copies provided to Redistricting Council of Supervisorial Redistricting Options 1 through 4 as outlined in details explained in the Council Meeting Memo. He responded to various Council questions regarding the options, reasons for staff's recommendation to Option 2B because it puts Rohnert Park in one district (third district) with approximately 800 votes more than the City of Santa Rosa would have in the third district, and discussions regarding the options and conclusions of same at the Supervisorial Redistricting subcommittee meetings he has been attending. Discussion followed during which Mayor Eck said the Supervisorial Redistricting matter is an agenda item for the next Mayors' and Councilmembers' meeting and proposals will be presented at that time. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. City Manager4 Netter referenced item No. 17 on the Communications List from FAIRE regarding request for financial assistance and said the request was listed in the proposed 1991 -92 budget and would be reviewed at the budget work session scheduled for next Tuesday, July 2nd. City Manager's Rernrt-1) Nnrth RAv FP11MPniPn1 Wnito;., r, Dr...,,,, i r',4 -- LA - - - - - - AI..i.L_._ ---i —. _.. --J .. .- -. �I any r, VPV act i - 1. ILy I'IQIIoycI NutLur referenced copies provided to Council of letter dated June 19, 1991 from Northbay Ecumemical Housing regarding a demonstration project at Windsong Condominiums /NEH 1st -time Homebuyer CASA Loan Program and said this item was brought to Council's attention with staff's recommendation to refer it to the Interim Housing Task Force for review. Discussion followed. A motion was made by Councilmember Hollingsworth, seconded by Councilmember Spiro, and unanimously approved, to refer this 18 project proposal to the Interim Housing Task Force for review to prepare a recommendation for Council's consideration. 2) City Manager Netter said copies were provided to Council of letter dated June 18, 1991 from Department of Transportation regarding State Local Transportation Partnership Program acceptance of several projects as listed which were previously submitted by City Engineer Brust. These projects are listed for the City's 3rd round of S8140/300 funding. 3) City Manager Netter shared contents of copies provided to Council of letter dated June 18, 1991 from Office of County Administrator regarding SB 2557 Property Tax Administration and Jail Booking Fees - Urgent. He said he would be attending the referenced public hearing scheduled for this matter on June 28, 1991. 4) City Manager Netter shared contents of copies provided to Council of letter dated June 19, 1991 from Municipal Resource Consultants (MRC) regarding the State Board of Equalization's agreement to accept MRC's audit findings and will process a fund transfer adjustment to the City for the referenced Hewlett Packard account in the amount of $48,323. 5) City Manager Netter said invitations have been extended from the Chamber of Commerce to attend the annual "Chamber Celebration" at the Red Lion Hotel on Thursday, June 27th, 1991. 6) City Manager Netter said the Cable TV Council Subcommittee (Mayor Eck and Councilmember Hopkins) need to meet in regard to an amendment to the franchise agreement. Mayor Eck said a time and date would be designated for this matter at the close of tonight's Council meeting. City Attorney's Report:City Attorney. Flitner referenced the two ordinances for consideration — 'earlier tonight under the budget items and deferred to the next Council meeting regarding Real Property Transfer Tax and the Transient Occupancy Tax and said Farrel's Decision and Proposition 62 has come up in which those items have come up in the courts and so far decisions have favored the cities. Some of these cases are currently on appeal. Mr. Flitner said Prop 62 was considered unconstitutional and referenced the Cities of Woodlake versus Logan. Even though Prop 62 is still on the books, about 85% were closed cases. Mr. Flitner said he thought Council should be aware if it does happen since the amount the cities raise through the referenced taxes is reduced on the role by the amount raised and should be given consideration as long as the law remains in effect. Mr. Flitner responded to Council questions and confirmed he did not think the risk is too great regarding this matter if the Council decides to implement the tax increases. 19 Matters from Council: 1) Golf Course Committee Report - Councilmember Hollingsworth reviewed details of Golf Course Committee meeting held on June 7th and said areas of concern expressed were the need of a five year plan from the golf course on what intentions are regarding budget proposals, work needs to be done around lakes, cart paths need to be put in this year and specified with the renewal of lease, as well as following through with construction of restrooms and a snack shack on the north course. Golf Course representatives tentatively agreed they would like to put a snack cart on a pad for this year with plans to build a permanent structure with kitchen next year. Mr. Hollingsworth said the golf course did raise fees to $45 for non - residents, so he would like to see some additional improvements and ongoing beautification projects with these additional revenues. 2) Waste Water Advisory Report - Mayor Eck referenced copies provided to Council of letter dated May 30, 1991 to Board of Public Utilities from Miles Ferris, Director of Utilities regarding Certification of Environmental Impact Report, Finding of Overriding Considerations and Project Selection for Long -Term Sludge Beneficial Use Project. He said one of the items discussed at the recent Waste Water Advisory meeting was the Empire Waste yard composting program because Santa Rosa is proceeding ahead with the project. Mayor Eck said this is turning out to be a very expensive project that will again affect rates. 3) Mayor Eck said Sonoma County Fair - Rohnert Park /Cotati Day is scheduled for Wednesday, July 24, 1991. 4) Mayor Eck said REMIF's Annual Open House will be held at Red Lion Inn on Friday, July 19th, 1991 at 6:00 p.m. 5) Mayor Eck referenced copies provided to Council of detailed information and invitation to Rohnert Park /Crane Melon Festival Day at Candlestick Park - Giants Game on Sunday, August 18, 1991. 6) Councilmember Spiro referenced information from League of rniifnrnin ri +iec roe�errli 11 +,1; +. 11 la n' :J r_ , -- ... •• •,, ., , y II,J 1 uVUI U 1 ng v" i 1 11,y v�er� i ax an' said lu I,UUIII: 11 should respond with a letter of opposition. Councilmember Hollingsworth said he agreed this is an unfair tax, that the City of Rohnert Park does not have one, but felt the City should have the right to do it if it becomes necessary. Council agreed. 7) Councilmember Reilly referenced staff memo from Public Works Superintendent Homer Rail regarding the cleanup efforts of Eagle Scout candidate Field Etienne along Five Creek and asked if a letter of appreciation and acknowledgment had be sent to him. City Manager Netter responded yes. 20 8) Councilmember Spiro asked if consideration could be given to purchasing the old Crown Market in the Southwest Blvd. Shopping Center for such possibilities as the recent Veteran's request for a building as well as other various youth needs. Mayor Eck responded that the owners were recently approached regarding the City's interest and indicated they were not interested in selling at this time. Unscheduled Public Mayor Eck asked if anyone in the audience wished to make an Appearances appearance at this time. George Horwedel George Horwedel, 7660 Camino Colegio, suggested a marquee for the Performing Arts Center be put up on the Safeway parking lot and on East Cotati Avenue to which City Manager Netter said another option regarding this matter will be presented for Council's review shortly. Adjournment Mayor Eck adjourned the meeting at approximately 10:00 p.m. Dep Ci td Clerk Mayor ��, 1/// - # 21 June 14, 1991 City Manager Joseph Netter 6750 Commerce Blvd. Rohnert Park, CA 94928 Dear Mr. Netter: Janis & Richard Storbo 7665 Camino Colegio Rohnert Park, CA 94928 `� 97 RQy�Vekf pa I want to ask you to consider providing a "dog park" for the many dogs and dog owners who live in Rohnert Park. The leash laws in the city and county are very strict --with good reason - -and dog owners want to obey these laws. But dog owners also realize that dogs deserve a break, a safe and legal area in which to run, exercise, and play with each other. Off -leash exercise is the most satisfying kind of physical activity for dogs. Dog owners enjoy watching the beauty and expression of their movements. Free from restraint a dog can really be a dog. Unfortunately, not all dog owners live in a house with a backyard. Many of us live in apartments or condominiums. Even dog owners who have backyards like having a place to take their dogs to play with other dogs. The concept and construction of a dog park is quite simple. Larkspur has a dog park at Piper Park. It is approximately 100' by 100' and enclosed by a 6' chain link fence. Entry is through a gate similar to those used at tennis courts. Around the inside perimeter of the enclosure is a water spigot, two water bowls, three poop scoopers, a garbage can, and three old park benches. The only regular maintenance required is emptying the garbage. The following rules are posted at the entrance to the dog park: 1. No dog is to be left unattended. 2. Pick up after your dog eliminates. 3. No unruly or ill- tempered dogs allowed. 4. Dogs must wear current dog tags. 5. All dogs must be leashed outside the dog park. 6. No female dogs in heat allowed. Rohnert Park is such a far - thinking city, I am certain the concept of a dog park will come as no surprise. I would be happy to help make it happen. Please let me know what is required to get the ball rolling. Thank you for your time. I look forward to hearing from you. Sincerely, ��5" 5:7(� Janis Storbo IT HARVEY BELL & ASSOCIATES June 21, 1991 City Council Rohnert Park Re: Pet Control Ordinance Attached is a copy of the original proposal made by the Santa Rosa Committee working with Parks & Recreation and Community Services. I live beside a school and neighborhood park and have watched the regularity of pet owners bringing dogs to the park to relieve themselves (and also to reduce the amount of home yard clean up the owner must do). I also get to see children_ running, falling and sliding in the same patches of grass into which neighbor's dogs have recently defecated. As you decide about a proper and effective city ordinance, please put yourselves in the shoes lof the children who run, fall and slide into the patches of grass on which a• neighbor's dog has recently defecated. Think about the kids having to go back into their classroom after recess or run home to clean -up and change clothes after their unwanted bath in dog shit. Or worse, what about the potential danger and legal liability if a small child should eat from one of these leftovers and become ill or even die, the City not having done all that it could to prevent it (negligence). Cats too are a nuisance. I have caught nearly a dozen who were (and some still) continually using my bushes, yard or sandpile as their privy. I believe each resident has a right to have or not have pet droppings on their property. And those who own pets should take full responsibility for picking up after those pets rather than leaving it to the neighbors or school custodians. Pets can be great for their owners. Lets do all that we can to help prevent inconsiderate owners from letting their pets be a nuisance to others. Please enact an ordinance like the one enclosed. Amend Ordinance -- Animal Control May 22, 1991 Page 2 The committee's suggestion for the proposed amendment would read as follows: No person owning or having in their custody or control any dog, cat, or other animal, shall permit such animal to enter upon or remain within any public school grounds or playgrounds in the City or to be at large in any public street, alley, park, square, or public place or grounds within the City unless the dog, cat, or other animal is securely fastened by a leash, chain, rope, or cord not greater than eight feet in length to some stationary object or otherwise confined, or unless the dog, cat, or other animal is securely held by a leash, chain, rope, or cord in control by some person. Unsanitary Condition It shall be unlawful for any person owning or having control or custody of any dog, cat, or other animal; a) to permit or allow the dog, cat, or other animal to defecate upon the public property of the City or upon the private property of another person without the consent of the occupant or owner of that property unless the owner or the person having control or custody of the dog, cat, or other animal, immediately removes the feces and properly disposes of it; b) to walk a dog, cat, or other animal on a public property of the City or upon the private property of a person without carrying at all times a suitable container or other suitable instrument for the removal and disposal of the animal's feces; or c) to fail to dispose of the container of the feces in a sanitary manner. It is the opinion of the committee and staff that if the Board approves the proposal as submitted, or modifies the language to better deal with the situation, it would want to formulate its motion of recommendation to the City Council for their review and final action. It should be further understood that if the proposal is accepted and /or adopted by the City Council, then the matter would have to go to the City Attorney's office for further review and modification to make sure that it complies with the appropriate language to implement the proposed regulations, as well as establish procedures for any violation of said regulation once it is enacted. The committee and staff are prepared to assist the Board in their deliberations on this matter. Copies of the existing City code as it pertains to the subject matter are attached to further assist the Board members in their discussion. attachments TO: Joseph D. Netter, City Manager INTER - OFFICE MEMO > RE: Card Rooms /Ballot Measure YA Few FROM: Lorraine Roberts, Deputy City Clerk DATE: June 25, 1991 Per a telephone conversation with Janice Atkinson at the Sonoma County Elections Department, the estimated cost to place a measure on the June 1992 election ballot would be approximately $30,000. This cost is based on 20,000 registered voters @ $1.50 per voter. (At the present time, Rohnert Park has 17,000+ registered voters. However, the Elections Department rounded this figure off, since we will have more registered voters by June 1992.) Please note that the above cost would be applied if only one measure is printed on the ballot. If other City measures are included, then the costs would be only for additional printing, i.e. $5,000 - $8,000 for each additional measure. The above costs are estimates only, but should give you a fairly good general idea of what it would cost the City to place a measure on the June 1992 ballot relative to Card Rooms. lr cc: City Councilmembers John Flitner, City Attorney Ono June 18, 1991 RED Lion HOTEL,,) SONOMA CO LINTY One Red Lion Drive, Rohnert Park, CA 94928 (707) 584 -5466 :� Correspondence Mr. Joseph D. Netter ;coy to ea. Counci ".min city Manager _Opy - CITY OF ROHNERT PARK LCO) P 6750 Commerce Blvd. Copy to Rohnert Park, California 94928 -2486 a -opy to Dear Joe: L 4:) • N�rA When I became aware of the City Council's proposal to raise the Occupancy Tax rate for Rohnert Park, I took the liberty of conducting a survey of the Occupancy Tax rates for cities in the nearby counties. The findings of this survey are as follows: Sonoma 8% Santa Rosa 8% Petaluma 10% San Rafael 10% Novato 8% Napa 10% I also want to bring your attention to the fact that the hotel industry as a whole is facing a tremendous downward trend. We have lost an enor- mous amount of group business because companies, due in part to the re- cession, do not have the funds for offsite meetings. The group business that we have booked has shown a marked slippage in reservations, approxi- mately, 25 %. The last two weekends, our occupancy rate did not even reach 50 %. I find this all very alarming. Joe, although I can see the benefit the City will have from raising the taxes, I do feel this may be the wrong time to approach this. With our hotel being the best full - service hotel in the immediate area, I do believe the impact on us will be much greater because of our rates. This will set us even further apart from our competition in the immediate area. I am very hopeful the City can be successful in finding other means to generate funds, rather than raising the Occupancy Tax rate at this time. Joe, I do appreciate your consideration of my request. Sincerely, Nabih Geha General Manager NG:bw Executive Offices SONOMA COUNTY REALTORS° ASSOCIATION 153 Stony Circle / Santa Rosa /CA / 95401 (707) 542 -1579 / Fax (707) 542 -1008 REALTOR® June 25, 1991 Mayor Dave Eck Rohnert Park City Council Rohnert Park, California Dear Mayor Eck: The Sonoma County Realtors Association, on behalf of its members and the property owners of Rohnert Park, is vigorously opposed to the proposed increase in the City's real property transfer tax. At issue is the utilization of the documentary transfer tax that is imposed upon the sale or transfer of real property to offset shortfalls in the general fund of the city government. In 1988, a nationwide study on transfer taxes was prepared by Price Waterhouse. The study came to several conclusions regarding transfer taxes. Based on their study, we feel that real estate transfer taxes are regressive because they impose ,a higher burden on lower - income households than higher- income households. This violates the standard of horizontal equity. The study additionally shows that since transfer taxes increase the amount of cash needed for closing costs, it has a negative impact on the community because it makes housing less affordable. Furthermore, transfer taxes are not deductible on Federal tax returns. Currently the seller pays this tax. This will increase the cost of housing, causing a buyer to require more down payment funds, borrow more and pay higher property taxes. If this becomes a buyer cost, then additional disposable funds will be required. In the case of most first -time homebuyers, this additional fee at close of escrow could cause undue hardship and even the loss of the opportunity to own a home. We urge you to remember that many of the homebuyers you seek to tax are our children and neighbors. Transfer taxes are a highly unstable and unreliable source of government revenue, since the amount of tax collected is highly dependent on the strength of the real estate market. In times of a slow market, when perhaps the need for affordable housing is most severe, the level of revenue that could be derived from transfer taxes is likely to decrease significantly. Can we assume that the Council will again consider a transfer tax increase next year should there be a second year of shortfall? SONOMA COUNTY REALTORS SUBSCRIBE TO THE NATIONAL CODE OF ETHICS TO BETTER SERVE YOU. Mayor Dave Eck June 25, 1991 page 2 It was generally believed that the passage of Proposition 13 in 1978 prohibited localities from enacting new transfer taxes. Article XIII(a), Section 4, of the State Constitution states that: "Cities, counties, and special districts, by a two - thirds vote of qualified electors of such district, may impose special taxes on such district, except ad valorem taxes or a transaction tax or sales tax on the sale of real property within such City, County or special district." The purpose of this section is to protect the property taxpayer against the imposition of additional property taxes. We feel that increasing the transfer tax on property is a violation of the people's will to control property taxation as expressed through their votes on Proposition 13, and their continuing support for the measure. In closing, we respectfully request that the City pursue an alternative source of revenues for the balancing of its budget. Such alternative source should be more broad based than the proposed transfer tax, which would be imposed on a small segment of the community. Thank you for your consideration and for allowing us to present our opinions on this matter on behalf of the homeowners of the City of Rohnert Park. Sincerely, �'�(/[� Cara S. Kallen Executive Vice President /Legislative Advocate Sonoma County Realtors Association