Loading...
1996/09/10 City Council MinutesRohnert Park City Council Minutes September 10, 1996 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 Flores presiding. CALL TO ORDER: Mayor Flores called the regular session to order at approximately 6:04 p.m. and led the pledge of allegiance. ROLL CALI, Present: (4) Councilmembers Eck, Reilly, Spiro and Mayor Flores Absent: (1) Councilwoman Gallagher (due to a business schedule conflict) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, and Assistant City Manager Leivo APPROVAL OF MINUTES: Corrections to the minutes of August 27, 1996 were made by Council and signified on original set of minutes. Upon motion by Vice Mayor Eck, seconded by Councilwoman Spiro, the minutes of August 27, 1996 were unanimously approved as amended. APPROVAL OF BILLS: Upon motion by Vice Mayor Eck, seconded by Councilman Reilly, City bills presented per the attached list in the amount of $640,914.81 were unanimously approved. NON - AGENDAED MATTERS: Mayor Flores asked if Councilmembers or staff had any non- agendaed items to add to the agenda. Councilwoman Spiro signified the possibility of one or two brief items to add, if not covered during the Council meeting. PRESENTATION & CONGRATULATIONS to Rancho Cotate High School top scholar Celina Yong - "California's Junior Miss" for 1997 Mayor Flores congratulated Celina Yong on the signified honors and extended best wishes for her trip to Mobile, Alabama to compete in the Nationals. The Mayor presented Ms. Yong with a gift of luggage on behalf of the City Council and the community. -- Reba Roberts, State Publicist for California's Junior Miss, reviewed aspects of the program and complimented the representation of this young woman for the city, schools and the opportunity for nationwide recognition. -- Celina Yong expressed appreciation for the gift and for the honor of representing Rohnert Park. YOUTH REPRESENTATIVE to the CITY COUNCIL from 1996 -97 Youth of the Year Program Mayor Flores also recognized Celina Yong as the Youth Representative for this Council meeting. -- Youth report: Celina Yong reported on concerns expressed by teen -agers in the community regarding the "need for youth activities, i.e. a dance club for an opportunity to get acquainted with other teens; appropriate age bracket separation between Junior High and High School ages; and later hours for older teens as many are just getting off work around 11:00 p.m. -- Council concurred these suggestions should be referred to the Parks and Recreation Commission for consideration and recommended Celina Yong present the ideas at the next Parks and Recreation Commission meeting. D..1.n 4 D-1, !`:4., f'n.. —H M.n..tna ( ) 1 Cran4nmhvr 10. 1996 DISTRIBUTION of "Treasures of the Sonoma County Library" 4; City Manager Netter reported Roger Pearson, Director of the Sonoma County Library, and Don Gass, Rohnert Park's local librarian, were unable to attend this Council meeting, but distributed this booklet which was produced with a portion of the 1995 -96 Advertising Grant Funds awarded by the Sonoma County Board of Supervisors. The many historic photographs in the booklet help to visualize the times, places and people that encompass Sonoma County's rich heritage. -- Mayor Flores advised he would prepare a letter of appreciation for this item. He complimented the effort and availability of the historical information at public libraries. UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores stated that in compliance with State Law (The Brown Act), citizens wishing to make a comment may do so at this time. Under legislation of the Brown Act, in most cases, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and persons speaking under unscheduled public appearances are requested to submit completed cards to the recording clerk. John Hudson, 399 Bonnie Avenue, expressed objections to the Burbank Housing request for funding assistance listed on tonight's Community Development Commission agenda and reviewed concerns related to projects subject to Article 34. -- Responding discussion included City Manager Netter's explanation of preliminary aspects of the item. City Attorney Flitner commented on percentage factors, related to the number of housing units in a project, pertinent to requirements of Article 34. Charles Kitchen, 4945 Fern Place, announced arrangements for presentations of candidates running for City Council at City Hall for Candidates' Night, 7:00 p.m. to 8:30 p.m., October 29, 1996, with the moderator being representatives from the League of Women Voters invited to participate in the discussions. Arrangements may also be made for a second date at City Hall for further presentations of City Council candidates. CONSENT CALENDAR Mayor Flores asked if Councilmembers had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Meeting Memo. -- Councilman Reilly requested removal of Resolution No. 96 -164 for discussion. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution Nos: 96 -165 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION, ROHNERT PARK EXPRESSWAY TRAFFIC SIGNAL INTER- CONNECT, PROJECT NO. 1991 -4 96 -166 CALLING FOR SEALED PROPOSALS, OVERLAYS - 1996, PROJECT NO. 1996 -11 96 -167 AWARD OF CONTRACT, SNYDER LANE BIKE PATH PHASE II, PROJECT NO. 1994 -7 96 -168 REJECTING THE CLAIM OF JOHN H. KOHLER (re. alleged flood damages to truck) Upon motion by Councilman Reilly, seconded by Councilwoman Spiro, with Councilwoman Gallagher absent and with the exception of Resolution No. 96 -164, the Consent Calendar as outlined on the meeting's agenda, was unanimously approved. Rohnert Park City Council Minutes ( 3 ) September 10, 1996 Resolution No: 96 -164 PROCLAIMING SEPT. 16-21,1996 "SHRINE HOSPITALS FOR CHILDREN WEEK' Councilman Reilly announced the free screening clinic to be conducted at Warrack Hospital in Santa Rosa on Saturday, September 21, 1996, for children up to the age of 18 with orthopedic, burn related or spinal cord problems. Councilman Reilly explained efforts not to signify the crippled and burned descriptions and requested removal of same from the resolution prepared for Council's consideration. Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, and unanimously approved with Councilwoman Gallagher absent, Resolution No. 96 -164 was adopted with above amendment. ORDINANCE FOR INTRODUCTION: No. 624 ADDING SECTIONS 17.62.082 AND 17.62.083 TO THE ROHNERT PARK MUNICIPAL CODE TO PROVIDE FOR INDEMNIFICATION OF THE CITY BY THE DEVELOPER OR APPLICANT FOR A DISCRETIONARY APPROVAL AND TO SET FORTH THE RIGHTS AND OBLIGATIONS OF THE CITY City Manager Netter and City Attorney Flitner explained the ordinance for consideration and responded to Council questions. Upon motion by Vice Mayor Eck, seconded by Mayor Flores, and unanimously approved with the absence of Councilwoman Gallagher, acknowledging the City will continue with development agreement procedures or other written agreement of approvals, and signifying that when this indemnification ordinance is adopted and implemented, a copy of same will be provided to developers with every development approval, reading of Ordinance No. 624 was waived and said ordinance was introduced. PLANNING AND ZONING MATTERS: 1. File No. 1532 - 1995 ROHNERT PARK GENERAL PLAN re. consideration of amending the Circulation Element by changing the Level of Service on certain public streets City Manager Netter reviewed the staff report for this item dated August 27, 1996 and advised a public hearing was duly noticed and scheduled at this time. PUBLIC HEARING: Mayor Flores opened the public hearing at approximately 6:36 p.m. There being no one desiring to speak, the Mayor closed the public hearing. Upon motion by Councilman Reilly, seconded by Vice Mayor Eck, with the absence. of Councilwoman Gallagher, to amend the Circulation Element of the 1995 Rohnert Park General Plan for Objective 3 and Standards 1 & 2 as outlined in above - reviewed staff report, (copy attached to original set of these minutes), was unanimously approved. D..la..o.•F Do.•L !`:tv !°m.nn:l M:.... ♦oa ! A \ Con +nanhaa• 1jj 1QQA a vuaa�.a v a wa n vaoJ vvwu..aa i•a.uwwa \ -r � v..y....•••••..• �.., � + +.� 2. Draft letter to developers inviting proposals to be presented for review -- City Manager Netter referenced previous Council directive for consideration of this item as signified in the Council Meeting Memo. -- City Attorney Flitner reviewed various reasons for his concerns as to whether this is the best way to secure the information on contemplated developments. He recommended, instead of proceeding in this manner, that it would be better to request staff, or an independent reliable third party contractor, to provide Council with relevant information. Council reviewed concerns previously presented during recent consideration of the ballot measure for Urban Growth Boundaries (UGB's) including limited sewer capacity, differing opinions on spheres of influence, and provision in UGB ballot measure for presenting project proposals to the City for consideration. -- Discussion concluded in Council agreement with Mayor Flores that it would be better just to have an invitation signified herein without written notification, specifically for general information only, to anyone who would like to share possible projects. DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER re. Rental Rates Council Committee report -- Vice Mayor Eck and Councilwoman Spiro reviewed results of the Committee meeting held this morning for this item with Director of Performing Arts Center Michael Grice and City Manager Netter. A separate memorandum dated September 5, 1996 was provided to Council from Director Grice on the proposed rental changes. Resolution No: 96 -169 APPROVING RENTAL RATES FOR FISCAL YEAR 1996 -97 Upon motion by Councilwoman Spiro, seconded by Councilman Reilly, and unanimously approved with Councilwoman Gallagher absent, and with friendly amendment by Vice Mayor Eck to adopt the rates as outlined in the staff report, but to have the 10% discount for residents, agencies, groups, etc. for Categories 1 through 6, and signifying staff would develop clear criterion for determination of residency, reading of Resolution No. 96 -169 was waived and said resolution was adopted. APPROVED 1996 -97 BUDGET- review of Department Budget reductions -- City Manager Netter explained this item as reviewed in the Council Meeting Memo. -- Discussion concluded in Council concurrence to keep the 1996 -97 budget in position, as previously approved, and defer further review of signified department reductions later in the year. DEPARTMENT OF PUBLIC SAFETY re. Fire Service staffing - discussion on formation of task force Mayor Flores acknowledged Council's request during its previous meeting to place this item on tonight's agenda for formal discussion. He commented that with all the studies available, there is probably a sufficient amount of information available if a Council Committee desires to further review the matter. -- City Manager Netter confirmed all the details are in computer programs if a Committee would like to do so. He recommended not getting into much detail or a task force until after the November election, but all the cost analysis computer data is available and could be provided for review. -- Discussion continued, concluding upon motion by Councilwoman Spiro, seconded by Mayor Flores, and unanimously approved, to appoint Councilman Reilly to review the numbers available for Fire Service staffing. Rohnert Park City Council Minutes ( 5 ) September 10, 1996 BALLOT MEASURE N re. URBAN BOUNDARIES - REBUTTALS -- Mayor Flores advised Council was provided with a rebuttal to the argument in favor of Measure N which he prepared, and a rebuttal to the argument against Measure N prepared by Vice Mayor Eck, as previously designated by Council. City Manager Netter confirmed these rebuttals have been submitted to the Sonoma County Elections Department for printing in the November Ballot documents, and have been provided to Council for its information. -- Discussion included Council comments on the differing views expressed therein, as discussed during recent Council meetings, representing both sides of this issue. PROPOSITION 218 re "THE RIGHT TO VOTE ON TAXES ACT" -- City Manager Netter explained this item, as reviewed in the Council Meeting Memo. He referenced information from the Nelson Communications Group which outlines major losses to local government for police and fire services, as well as possible impacts on sewer, water and other utilities. -- Councilwoman Spiro advised she attended the League of California Cities' meeting this past Friday and they were encouraging cities to put out letters immediately expressing opposition to this proposition. Concerns were expressed about the utilities but it is also going to create problems for redevelopment agencies. -- A motion was made by Councilwoman Spiro, seconded by Vice Mayor Eck with condition to review contents on the next Council meeting agenda prior to distribution, to prepare a letter or resolution of opposition to Proposition 218, was unanimously approved. ROHNERT PARK HOUSING FINANCE AUTHORITY(Rancho Feliz Mobile Home Park) Staff/Council review of Board appointments /discussion of procedures for selection of new appointments -- City Manager Netter explained the staff report provided for this item and responded to Council questions. -- Council comments included background review of efforts involved for this item, appreciation of expertise provided by staff, and previous complications of voting procedures by the mobile home park residents. Marie Vinsick, Chairperson of Rancho Feliz Homeowners' Association, confirmed there were problems with the first election process, but they had no problem with the second election. She reviewed the effective voting procedures established at Rancho Feliz for the second election, which included the assistance of City staff in the counting process. She explained reasons for encouraging retention of the knowledge and expertise City staff has provided to the Housing Financing Authority Board Membership. Ms. Vinsick recommended the board appointments be 2 City staff, 2 Rancho Feliz residents, and 1 at large, at this time, and next time consider having one City staff member on this board, since the City is the owner and needs some representation on the board. Discussion included differing Council views in regard to retaining City staff on the Board of the Rohnert Park Housing Financing Authority, and concluded in general Council agreement that it was the original intent to take staff out of the policy role, but to provide staff support following initial efforts of establishment, and have five (5) Commission Members with staff in an advisory position, like it is for other commissions of the. City. Therefore, Council concurred staff should proceed with publishing an open -end notice (outreach) for two (2) residents and three (3) business, finance, property management expertise individuals to fill the overall City representation. unh—* V-1, lr; +v irn-nrii Minn +na ! (. 1 Cvn +nmhnr lift 1996 Vice Mayor Eck leaves -- Vice Mayor Eck left the Chamber at approximately 7:23 p.m. SONOMA COUNTY TRANSIT letter requesting approval of proposed route re Fall 1996 "M" Section School Tripper Service City Manager Netter reviewed this item and responded to Council questions. -- Discussion included Council comments on discrepancies between the letter and the map from Sonoma County Transit. -- Upon motion by Councilwoman Spiro, seconded by Mayor Flores, with Councilmembers Eck and Gallagher absent, concurrence with above - reviewed proposed route, was unanimously approved. Vice Mayor Eck returns -- Vice Mayor Eck returned to the Chamber during the following staff report at approximately 7:27 p.m. FOUNDERS DAY- PARADE ROUTE - Sat, Sept. 21, 1996 re. permitting 2 -way traffic Staff report/Memo from Department of Public Safety -- City Manager Netter referenced previous Council inquiry on this item and reviewed the responding memorandum from the Department of Public Safety outlining the reasons for their recommendation not to provide two -way traffic on the westbound Rohnert Park Expressway lane. Council concurred. FOUNDERS DAY EVENT - FLYER CORRECTION Councilwoman Spiro referenced an error she noticed on a flyer for Founders Day events, and advised that the Boys & Girls Club will not be having the run which was incorrectly signified on the flyer. CITY FLAG - FINALIZED -- City Manager Netter referenced the finalized Rohnert Park City Flag on display which was accomplished through the recent efforts of the Founders Day Association. He commented that T -shirts with a rendition of the new City Flag design are also available for citizens to purchase at certain local locations. BICYCLE MATTERS: 1. Distribution of Bicycle Mans -- City Manager Netter confirmed completion of the Rohnert Park Bike Ways map and copies were provided to Council. -- Council concurred the new Bicycle Map should be sent to the City of Cotati urging consideration to be involved in this effort and encouraging a tie -in with the Bike Ways of Rohnert Park. 2. Bicycle Rally, Sunday, September 22, 1996 -- Mayor Flores referenced the request for City Council endorsement of this event scheduled to start at 10:00 a.m. beginning at the Community Center. Jake Mackenzie, 1536 Gladstone Way, Chair of the Bicycle Advisory Committee, distributed detailed information to Council for this item with attached Bike Rally map, reviewed contents therein, and responded to Council questions. He expressed appreciation to City staff for including notices of the Bike Rally in the City's utility billings. Upon motion by Councilwoman Spiro, . seconded by Councilman Reilly, with Councilwoman Gallagher absent, City Council endorsement and formal support of the above - reviewed Bicycle Rally, was unanimously approved. Rohnert Park Cite Council Minutes (7) September 10, 1996 3. Prompting Bicycle Safety -- Councilwoman Spiro acknowledged bringing up the idea of efforts to promote bicycle safety at the previous Council meeting. She confirmed her recommendation to proceed with this effort, *but did not recommend using the title "Let's Ticket" Bicycle Week, as signified on tonight's agenda. -- Discussion concluded in Council concurrence to insert a flyer on the Basic Laws of Bicycle Safety in the City's next utility billings in November. *CORRECTION ABOVE from 9/24;96 City Council meeting: Per Councilwoman Spiro (addition underlined) ACCESS FOR DISABLED - update -- City Manager Netter referenced staff report distributed to Council regarding Update on Program Committee for People with Disabilities. Mr. Netter shared comments, as reviewed in the Council Meeting Memo, regarding recent communications from Sabrina Snyder, who has indicated automatic door openers at both the Community Center and Sports Center would be a great assistance to individuals in wheel chairs and additional programs could also be structured. City Manager Netter advised he has tentatively scheduled a meeting with Sabrina Snyder at 4:30 p.m. on Thursday, following review of these concerns with Council during this Council meeting. Discussion included Council concurrence with the need for automatic doors at the Community Center and the Sports Center, as well as other public access buildings like the Performing Arts Center, Burton Avenue Recreation Center, etc. Council recommended staff contact Anthony Tussal at SSU, who initiated an effective retrofit program at SSU for installing automatic doors. Council agreed staff should determine costs and prepare a priority list of specific buildings needing installation of automatic doors, as affordable, on an annual basis. -- Councilwoman Spiro also shared her communications with Sabrina Snyder, who suggested several items that could be considered without additional costs, such as lowering tables at the Community Center to do crafts, as well as similar efforts at the Sports Center, Performing Arts Center, etc. -- Council agreed the City Manager should proceed on staff level with the above - signified meeting to further review these concerns with Ms. Snyder. COUNCIL COMMITTEE REPORTS: Chamber of Commerce Economic Development -- Councilwoman Spiro reported on this meeting held on Thursday, September 5, 1996. The meeting was very productive signifying plans for a presentation to the City Council shortly. DEPARTMENT OF ARMY CORPS OF ENGINEERS approval to excavate Lake "C" on Mountain Shadows North Course - update -- City Manager Netter explained this item, as reviewed in the Council Meeting Memo, and responded to Council questions. Based on this determination, Director of Public Works /City Engineer Brust is communicating with FEMA on the grant application for approximately $100,000 to remove the silt. The City cannot begin excavation of the lake until it receives FEMA approval, as any work completed prior to that approval would not be eligible for grant funding or reimbursement. 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. MATTERS FROM/FOR COUNCIL: 1. SCAYD /Cotati Rohnert Park Community Partnership for Youth Facility -OPEN HOUSE Mountain Shadows Middle School, 7345 Burton Avenue, 4:30 -6:00 p.m., Wednesday, September 25, 1996 -- Mayor Flores announced this event. Rohnert Park City- Council Minutes ( S 1 September 10. 1996 2. Proposition 217 - request for City /Council support -- Mayor Flores referenced information provided to Council on this request for support of Proposition 217 to maintain local government revenues. According to comments by Councilwoman Spiro from her attendance at the recent meeting, the League of California Cities will be providing an analysis on this proposition. Mayor Flores requested the item be scheduled for consideration on the next Council agenda. 3. Fall Clean Up Week, October 18 -27, 1996, Stadium Parking lot, wirii Department of Public Works crews pickup & transfer of large items -- City Manager Netter announced the scheduling of this annual effort, reviewed procedures including explanation of funding portion from garbage revenues, and responded to Council questions. 4. Flags on Expressway on 4th of July -- Councilwoman Spiro shared this suggestion from *seniers a citizen. -- Discussion included Council agreement to refer the idea to the Chamber of Commerce and the Veterans to consider possibilities for implementation. *CORRECTION ABOVE from 9/10/96 City Council meeting: Per Councilwoman Spiro (deletion lined out/correction in 1st sentence underlined) CITY MANAGER ,V REPORT.• 1. Public Safety case - return of license plate -- City Manager Netter referenced staff report provided to Council for this item explaining the reason for not returning the license plate, as it was evidence in the case. 2. Paint /vandalism driveway - Mayor's home -- City Manager Netter explained this report provided for informational purposes for a clean up cost totaling approximately $75.00. He responded to Council questions confirming standard procedures in the community for cleaning up incidents of graffiti and /or vandalism. Katherine Collins, 828 Lilac Way, reviewed reasons for thinking there is a distinction between the above - reviewed incident and routine graffiti clean up, and thought the Mayor should offer to pay for the clean up of the paint on his driveway. Council discussion included comparison of other incidents, differing opinions on the responsibility factors involved, and whether or not it would be possible to establish that the Mayor's incident was political. -- Mayor Flores responded it would be very difficult not to think this incident was politically related, but would be willing to pay the clean up cost, if Council so desires. 3. Contract clarification for Life Insurance Program -- City Manager Netter reviewed background for concerns related to this item. He advised staff is in the process of preparing proposed revisions for consideration following a response letter from Standard Insurance, as well as meeting with retirees and other bargaining groups interested in this matter. 4. Medical Alternate Benefit Program -- City Manager Netter reviewed staff report provided to Council for this proposal, which would allow an employee with health insurance coverage under a group medical insurance source other than the City, to discontinue coverage and share in the savings with the City. Mr. Netter responded to Council questions and confirmed this item will be presented for further consideration on an upcoming agenda. Rohnert Park City Council Minutes ( 9 ) September 10, 1996 5. Director of Public Safetv trio to Washington, D.C. - Partnership grant with other agencies City Manager Netter reviewed staff report provided for this item and responded to Council questions. This presentation of the Sonoma County Law Enforcement Chiefs Association, Washington D.C., has been scheduled for Monday, September 16 through Friday, September 20, 1996. The purpose of Director of Public Safety Rooney attending is to present the concept of providing specialized services on a countywide basis. This includes a team of the Sonoma County Sheriff, former Police Chief of Santa Rosa, Sonoma county Police Chief, and Rohnert Park Director of Public Safety. The cost of the trip for Director Rooney to attend is offset in the City's approved budget. 6. Santa Rosa Bomb Squad/Hazardous Device Unit - update -- City Manager Netter referenced the draft contract agreement provided to Council for this item resulting from extensive efforts of City Managers' Association, Sonoma County Administrators and REMIF. Formal documents will be presented for consideration when available. 7. Redwood Empire Municipal Insurance Fund (REMIF) PARMA meeting, September 18 -20, 1996 City Manager Netter advised he would be attending this meeting on behalf of the City. 8. Director of Performing Arts Center picture to be on cover of publication, Sonoma Independent City Manager Netter explained this item for Council's information. The article in this publication mentions others in the county, along with Mr. Grice, regarding individuals interested in book reading. It will also be good publicity for the Performing Arts Center. 9. Joint Meeting; with School District -- City Manager Netter referenced communications with Jan Heffron of the Cotati - Rohnert Park School District, who expressed the preference of the School District to wait until after the November election for a joint meeting with Council, because there will be new members on both boards. Items anticipated to be discussed at the joint meeting would include school boundaries, lot subdivision the School District is proposing to modify to match up with City preference previously signified, school tax problems related to taxes that will need to be paid on the designated site, community garden, etc. -- Discussion concluded upon Council concurrence to begin the process to annex the school site into the City, and work with the School District regarding this matter. 10. Mayor's driveway cleanup -(cont'd) -- Further discussion proceeded on this item with various comparisons of other possibilities and whether a formal policy should be set for politically related incidents. Discussion included a motion by Councilman Reilly to bill the Mayor for the cost of cleaning the paint from his driveway, seconded by Vice Mayor Eck with friendly amendment to wait until after investigation to determine whether or not the incident was politically related. Further discussion concluded in retaining the initial motion and second without the amendment, to bill the Mayor and, if investigation establishes the incident was political, then the Mayor would be reimbursed. With Councilwoman Gallagher absent, the motion failed for lack of majority. Rohnert Park City Council Minutes ( 10) September 10. 1996 CITYATTORNEY'S REPORT.• Sewer Service charges increase authorization by "Development Agreements" City Attorney Flitner reviewed contents of his memorandum dated September 6, 1996 (copy attached to original set of these minutes) reviewing reasons for his affirmative response that the City could charge additional sewer fees through development agreements that services said developments. UNSCHEDULED PUBLIC APPEARANCES. Mayor Flores asked if there were any additional unscheduled public appearances at this time. Maria Vinsick, Rancho Feliz, expressed appreciation for the early adjournment of this Council meeting. ADJOURNMENT. Mayor Flores adjourned the meeting at approximately 8:25 p.m. Dep Ci lerk - /7— jh Mayor CITY OF ROHNERT PARK 1995 General Plan Traffic Level of Service Proposed Change RLB 8/20/96 Rervised 8/27/96 From the Current 1995 General Plan, (approved by City Council on December 12, 1995) Chapter 3: Circulation, pages 3:18 and 3:19 for traffic Level of Service (LOS): • Objective 3 -- Improve arterials and collectors to provide Level of Service (LOS) "D" or better. • Standard 1 -- On City streets where LOS is currently "D" or "E", LOS shall not deteriorate to the next lower level. • Standard 2 -- On City streets where circulation LOS is currently at LOS "F" or is projected to operate at LOS "F" with proposed development, traffic improvements shall be constructed to restore the street segment to LOS "D" or better. The above noted objectives and standards are proposed to be changed to read as follows: 9 Objective 3 -- Improve arterioles and collectors to provide Level of Service (LOS) "C" or better. • Standard 1 -- On City streets where LOS is currently "D ", `E ", or "F" LOS shall be grandfathered at those levels and shall not deteriorate to the next lower level. • Standard 2 -- On City streets where circulation LOS is currently LOS "C" or better and is projected to operate at LOS "D ", "E ", or "F" with proposed development, traffic improvements shall be constructed to restore the street segment to LOS "C" or better. C I R C U L A T I O N r ` r ` c 1 � t- - - - - - - - - ft" --- - - I f — "`--- .��..J t t t {, ,* FA■Irt11Y ■ i t ■ r+ The Geaemd flan 3.7 r r r r r r d r r m m r i■ lot 41 0 1lQIQf I ® ® `` • ML ® ® ■ r � f 0 0 9. .. - Alt ♦ • t � v ■ ■ MM1EY 1101lg UK • ■ NOTES 1) All locations and dimension are •r -' "" approximate. Mr MMUMM A� 2) Based on 1993 Traffic Study Fra 3Z EXOTM LEVEL OF SERVICE ROHNERT PARK N 0 ,000 2000 a000 The Geaemd flan 3.7 r r r r r r d r r m m r LEGEND ® CMPI 1995 Sonoma County Congestion Management Program Monitored Network Nortfi Not to Scale FIGURE 1 3EP- 06 -'96 FR 12: 59 IU:MO'vROE F_ITHER ET RL TCL HO: 707-523-3866 Council Correspondence Copy to ea. Councilman x Copy to CC: I -T !_; 19 I September 6, 1996 #886 Pal -- - T0: City council RZ: Fees and charges imposed against developers or applicants for city permits; overcharges, refunds and policies related thereto. Councilman Eck has asked me to respond to the following question: In development permit applications or other matters in which-the payment of a fee to the city is legally authorized by which the coat of the project will be paid from the development can the City of Rohnart Park exact a fee from the applicant which is greater than the probable amount of the fee when it is determined more exactly? By way of exampt_Q, if the Laguna Sawar Treatment Plant is considering the expenditure of funds or the approval of a bond issue that will. result in greater assessments to member agencies and thus higher sewer charges and higher development fees, can the City of Rohnert bark charge theeo fees on the high side with the understanding that once the fee is exactly determined the differenco between the amount charged and the amount required can be refunded? Yes. Answer The Law Fees for building permits, use permits, zoning variances, building inspections, map applications, planning services, and water-arid sewer connections may not exceed the reasonable cost of providing the service unless a fee in excess of the amount is approved by popular vote of two thirds of the voters voting on the issue. Government Code §§ 66013, 66014. Before adopting a new fee or before approving an increase in an existing fee, the public agency must hold at least one open and public meeting. Government Code § 66016. The increase in the fee may not take effect until 60 days have passed from the date final action was taken on the issue. Government Code § 66017. Sanitation and sewer fees must be established by ordinance. Health & Safety Code §5470, et seq. A two- thirds vote of the entity (city) is required. Government Code §6471, ZIMWoog SE?- 36 -'36 FR 13:01© ID:MONROE F- ITNER ET AL TEL NO: 707 -523 -3566 9386 P02 Estates X. City of Oxnard (1982) 133 cal.App.3d 1030, 1038 -1040. See also Government Code § 66451, for authorization to establish reasonable fees for proccosing maps and for other procedures. The law also allows cities to enter into development agreements, subdivision agreements, and vesting tentative subdivision map agreements. Government Code $§65864 and 65865.2; 66462; 56498.1 and 66498.6, respectively.i uiscussion Simply stated, an agreement reasonably estimating the fee to be charged and collected with the understanding that the fee Charged is estimated to be higher than will ultimately be assessed is, in my opinion, legal. The agreement should contain the following: (1) Provision for periodic review of the agreement, i.e., one year or at least biannually; (2) Provision for interest on the amount of the overcharge, once deter:eined, at the same rate as the city receives on its invested funds; and (3) Creation of an absolute right in the developer or the ultimate purchaser of the property to receive the refund. This agreement should be reduced to writing and signed by the city and the developer or applicant. To inoure that the ter=z of the agreement are well known, they should also be conditions of approval at the time the application is approved or conditionally approved. Respectfully submitted, 4 . D. rLSTNZR Ci y Attorney 'The vesting tentative map law (Government Code §66498.1- 66498.9, inclusive) contemplates compliance by a developer with the "ordinances, policies and standards" existing at the time the tentative map was approved. However, in my opinion, there is no legal prohibition to defining those ordinances, policies, and standards in an agreement so lone as they are not subsequently changed unilaterally by the local agency.