1997/04/08 City Council MinutesRohnert Park City Council Minutes
April 8, 1997
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 Linda Spiro presiding.
CALL TO ORDER: Mayor Spiro called the regular session to order at approximately 6:40 p.m. and
led the pledge of allegiance.
ROLL CALL: Present: (5) Councilmembers Flores, Mackenzie, Reilly, Vidak- Martinez,
and Mayor Spiro
Absent: (0) None
Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner,
Director of Public Works /City Engineer Brust, Planning Director Skanchy and Fire
Services Commander Cassel
1. CLOSED SESSION: Mayor Linda Spiro reported on the closed session which commenced this
evening at 6:00 to discuss matters listed on the agenda attachment. No action was taken.
2. APPROVAL OF MINUTES: Council acknowledged the corrected draft of March 25, 1997
minutes, which included confirmation by Councilmember Flores of his motion correction
on page 9, to remove item B from his compromise planning recommendation regarding the
20 year long range urban boundaries, as this could be handled later.
Upon motion by Councilmember Flores, seconded by Vice Mayor Vidak - Martinez, the
minutes of March 25, 1997 were unanimously approved as submitted.
3. APPROVAL OF BILLS. Upon motion by Vice Mayor Vidak- Martinez, seconded by
Councilmember Mackenzie, City bills presented per the attached list in the amount of
$521,783.10 were unanimously approved.
4. NON- AGENDAED MATTERS. Mayor Spiro signified that time has been allotted for
Councilmembers or staff to add any non - agendaed items to the agenda.
Mayor Linda Spiro requested a MOMENT OF SILENCE for Nat Snyder, who passed
away last Thursday. Mr. Snyder was involved with the Performing Arts Center for
many years to the benefit of the community. His wife, Helen, has advised that a service for
the celebration of his life will be held at 3:00 p.m. next Sunday, April 13th, at the
Performing Arts Center. Council expressed condolences to the Snyder family.
Rohnert Park City Council Minutes (2) April 8,1997
Counciimember Flores signified adding one miscellaneous item under Matters from Council
regarding Planning definitions.
Mayor Spiro referred to letters from League of California Cities urging support of AB95
and SB880 regarding property tax. AB95 has been approved by the Assembly Local
Government Committee and the Senate Committee on Revenue and Taxation will hear a
proposal addressing SB880 on April 16, 1997. She would be recommending letters of
support from Council on both of these bills later on the agenda.
S. YOUTH CITY COUNCIL REPRESENTATIVE from 1996 -97 Youth of the Year Program
Mayor Linda Spiro introduced Youth Representative Kathleen Madden, who reviewed
activities scheduled for Rancho Cotate High School Unity Week Celebration, April 14 -18,
1997. She extended invitations to Council to attend any or all of these activities.
Ms. Madden also provided an update on restructuring the Youth of the Year Program to
include Sophomores, as well as Juniors, to continue efforts of projects.
RETIREMENT RECOGNITION of Roland L. "Ron" Brust -- Mayor Linda Spiro commended
Mr. Brust on the occasion of his retirement and acknowledged that this was his last
Council meeting to attend as Director of Public Works /City Engineer. She expressed
appreciation for his twenty -three years of dedicated public service with the City.
6. SCHEDULED PUBLIC APPEARANCE.
1) Van Logan, representing property owners off Snyder Lane, referred to map on display and
shared contents of his letter dated March 31, 1997 regarding Rohnert Park Planning Area/
20 Year Urban Growth Line (copy attached to original set of these minutes). He continued
to hold previous views expressed that no Urban Growth Line should be established until
planning for 20 year growth was accomplished, and that the planning area must include all of
the land that adjoins the city limits. His letter recommended other alternatives to consider if
Council decides to reduce the northeast planning area.
7. UNSCHEDULED PUBLICAPPEARANCES:
1) John Hudson, 399 Bonnie Avenue, referred to signified sections of Proposition 218 from
last November's statewide ballot pamphlet distributed to Council (copy attached to original
set of these minutes). Mr. Hudson reviewed reasons supporting Sections 3 and 6 (c)
regarding voter approval for new or increased fees and charges except for sewer, water, and
refuse collection services.
Mayor Spiro expressed appreciation to Mr. Hudson for bringing this to Council's attention.
She requested the City Attorney to review Section 6 -C of Proposition 218 and provide an
analysis to Council.
2) Cindy Bendelac, 161 Esmeyer Dr., San Rafael, owner of 1500 Baumgardner Lane, referred
to democracy and representational government. She shared reasons for opposing the
compromise planning area presented at the previous Council meeting due to the number of
property owners represented. Ms. Bendelac expressed preference for either one of the two
straight line map alternatives presented above by Mr. Van Logan, if Council elects to
proceed with a compromise planning area.
Rohnert Park City Council Minutes (3) April 8, 1997
3) Ted Suyeyasu, 40800 Encyclopedia Circle, Fremont, Ca., referred to his letter dated April
4, 1997, representing owners of parcels located on Petaluma Hill Road (copy attached to
original set of these minutes). He shared contents therein opposing the Council direction at
the March 25, 1997 meeting regarding the compromised planning area, and supporting the
planning area designated in Resolution No. 97 -30 which was adopted earlier by Council.
Discussion included explanation by Mayor Linda Spiro of the outcry following the
adoption of Resolution No. 97 -30 and that the compromise planning area was Council's
response to that outcry. -- City Manager Netter reviewed General Plan amendment
procedures required through the Planning Commission which is an autonomous body. --
Council comments confirmed current validity of existing General Plan; the direction and
intent of the compromise planning area recommended by the majority Council at its
previous meeting; responsibility and procedures of the Planning Commission including the
public hearing process; etc.
8 CONSENT CALENDAR
Mayor Linda Spiro asked if there were any comments or 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 meeting's agenda
Resolution Nos:
97 -65 PROCLAIMING TUES., APRIL 15, 1997 "NATIONAL YOUTH SERVICE DAY"
97 -66 PROCLAIMING APRIL 24, 1997 "TAKE OUR DAUGHTERS TO WORK DAY"
97 -67 SUPPORTING ASSEMBLY BILL 1296 CLASSIFYING SKATEBOARDING A
HAZARDOUS RECREATIONAL ACTIVITY
97 -68 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE
NOTICE OF COMPLETION, COMMERCE BLVD. NORTH WIDENING,
PROJECT NO. 1996 -6
97 -69 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE
NOTICE OF COMPLETION, COLEMAN CREEK PIPELINE & CHANNEL
REPAIRS, PROJECT NO. 1996 -3
97 -70 ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE
NOTICE OF COMPLETION, ROHNERT PARK EXPRESSWAY WIDENING,
REDWOOD DRIVE TO SOUTHBOUND RAMP, PROJECT NO. 1994 -6
97 -71 CALLING FOR SEALED PROPOSALS TO REMOVE AND REPLACE FLOOR
TILES AT BURTON AVENUE RECREATION CENTER
97 -72 CALLING FOR SEALED PROPOSALS FOR REPLASTERING OF LADY
BUG POOL
Rohnert Park Clio Council Minutes (4) April 8, 1997
97 -73 CALLING FOR SEALED PROPOSALS FOR PASSENGER VAN FOR THE
SENIOR CENTER
97 -74 CALLING FOR SEALED PROPOSALS TO REMOVE AND REPLACE THE
RAIN GUTTERS ON SENIOR CENTER -SOUTH WING
Ordinance for adoption:
No. 630 AMENDING CHAPTER 9.80 OF THE ROHNERT PARK MUNICIPAL CODE
FOR MASSAGE ESTABLISHMENTS
Upon motion by Councilmember Flores, seconded by Councilmember Mackenzie, the
Consent Calendar as outlined on the meeting's agenda, was unanimously approved.
9. Ordinance for introduction:
No. 631 AMENDING ROHNERT PARK MUNICIPAL CODE, TITLE 10, CHAPTER
10.72 - BICYCLES
City Manager Netter explained the Bicycle Ordinance was introduced by Council at its
meeting of September 24, 1996 as Ordinance No. 623. It was referred back to the Bicycle
Advisory Committee for necessary revisions recommended by the Bicycle Advisory
Committee due to concerns raised during the following public hearing. Because of the
length of time for consideration of the revisions, City Manager Netter recommended
re- introduction by the City's next consecutive Ordinance No. 631.
Upon motion by Councilmember Flores, seconded by Councilmember Reilly, and
unanimously approved, reading of Ordinance No. 631 was waived and said ordinance
was introduced.
Councilmember Mackenzie commented, for the record, that over the life of the Bicycle
Advisory Committee, Director of Public Works /City Engineer Brust has ably staffed that
Committee, which Mr. Mackenzie had the pleasure to chair. Councilmember Mackenzie
took this opportunity to publicly express appreciation to Mr. Brust for this effort.
10. CULTURAL ARTS COMMISSIONAPPOINTMENT - two year term to expire 12131198
*To fill vacancy of Mark Luca resignation (AF nomination)
Councilmember Flores explained the difficulty of choosing his nomination for this vacancy
because of receiving two well - qualified applications from Grace Gilbert and Julie Yonemura.
Therefore, he made his selection by who approached him first.
Julie Yonemura was appointed to the Cultural Arts Commission for a two year term to
expire December 31, 1998, by unanimous approval of nomination motion by
Councilmember Flores, seconded by Vice Mayor Vidak - Martinez.
Rohnert Park City Council Minutes (5) April 8 1997
11. PRESENTATION OF CITY'S EMERGENCY PREPAREDNESS PLAN - STATUS
Fire Services Commander Bob Cassel distributed informational packets to the City Council
for this presentation, which was previously requested by Council. He explained the
Standard Emergencies Management System (SEMS) regarding the joint efforts of the City
working closely with other jurisdictions in Sonoma County and the State of California to
prepare for emergencies. Fire Services Commander Cassel introduced other participants of
this presentation as follows: Sandy Covall, Coordinator for Emergency Services, County
of Sonoma; Susan Graham, Director of Maintenance, Cotati - Rohnert Park School District
and Chair Person of this year's Task Force; Phyllis Onstad, Rohnert Park Coordinator of
the Volunteer Center of Sonoma County; and Sandy Stoddard, American Red Cross. The
above listed representatives reviewed inter - related aspects of emergency preparedness
efforts and responded to Council questions. Phyllis Onstad of the Rohnert Park Volunteer
Center extended invitations to the Emergency Planning meeting with the Department of
Public Safety at the Volunteer Center at 5:00 p.m., Thursday, April 24, 1997.
12. CHAMBER OF COMMERCE MATTERS:
Report on "See .Sonoma" Event -- Robin Bleckwehl, President of the Chamber of
Commerce, reported on the success of this event held at the Doubletree Hotel on Monday,
March 24, 1997, which was attended by hospitality industry professionals from the Bay
Area. She reviewed numerous examples whereby the City of Rohnert Park was
represented as a family recreation center by the Chamber of Commerce, with the assistance
of area businesses and City departments. Ms. Bleckwehl announced the Annual Trade
Auction to be held from 5:00 p.m. to 8:00 p.m., Tuesday, May 13, 1997, and encouraged
attendance and participation. She also complimented volunteers recognized April 7, 1997
at the county -wide volunteer recognition luncheon sponsored by the Volunteer Center of
Sonoma County, which included three members of the Rohnert Park community who
were recognized for their outstanding volunteer contributions to the community as follows:
Jeff James and J. T. Henley for programs supporting youth throughout Sonoma County;
and Joanne Terry for the programs offered by Rohnert Park's Animal Shelter.
Resolution No:
97 -75 APPROVING AMENDMENT NO. 2 TO THE AGREEMENT WITH THE
ROHNERT PARK CHAMBER OF COMMERCE
City Manager Netter explained the resolution for consideration which is an administrative
act and technical update of the agreement through June 30, 1997. He recommended
not deleting the two items signified on page 2 regarding provisions for Holiday Lights, as
this has already been accomplished in the 1996 -97 fiscal year. Staff is in the process of
meeting with Chamber representatives to review options for a new contract beginning
July 1, 1997. City Manager responded to Council questions.
Discussion concluded upon motion by Councilmember Flores, seconded by Vice Mayor
Vidak- Martinez, and unanimously approved, including retention of above - reviewed
sections on the Holiday Lights for this agreement update through June 30, 1997, reading of
Resolution No. 97 -75 was waived, and said resolution was adopted.
Rohnert Park City Council Minutes (6) April 8, 1997
RECESS Mayor Linda Spiro declared a recess at approximately 8:30 p.m.
RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8 :38 p.m. with all
Councilmembers present.
13. PLANNING AND ZONING MATTERS:
1) File No. 1731 - Creekside Middle School/City of Rohnert Park - prezoning
City Manager Netter referred to previous discussions and Council action on this item and
confirmed findings from Municipal Code Section 2.08.260 which allows reconsideration.
Mayor Linda Spiro acknowledged that she asked to have this item reconsidered.
PUBLIC COMMENTS. Mayor Linda Spiro opened public comments at approximately 8:40 p.m.
Ann Huber of the Cotati - Rohnert Park Unified School District responded to concerns
expressed during previous Council discussions that the School District has no proposals or
plans on the back undeveloped area of this property. When purchased, considerations
were given to possibilities of another district office or school, but at this time, there are no
pending plans. She confirmed that inclusion of the entire parcel makes it simpler and will
provide for school uses, like field trips, etc. Considering the whole parcel is for
convenience reasons.
There being no one further desiring to speak, Mayor Spiro closed public comments.
Councilmember Reilly referred to his previous recommendation that the undeveloped back
parcel be separated from the school use portion of the site and reviewed aspects of the
School District having two different roles to consider as a property owner and a School
District. He stated there has been no confirmation regarding initial comments that were
made on the safety issue and no concerted effort for improvements on Snyder Lane.
Ordinance for Adoption:
No. 627 AMENDING TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE
PREZONING MAP CHANGE - CITY OF ROHNERT PARK
(File No. 1731- Creekside Middle School)
Discussion concluded upon motion by Councilmember Flores, seconded by Vice Mayor
Vidak - Martinez, and approved 4 -1 with Councilmember Reilly dissenting due to above
concerns, reading of this ordinance was waived and Ordinance No. 627 was adopted.
2) File No. 1741 - Santa Rosa Airporter - Use Permit to operate the Santa Rosa Airporter
bus terminal, service center and office facility in the ML (Limited Industrial) District.
Subject property is located at 5800 Commerce Blvd. (formerly Young America Homes
headquarters), Rohnert Park -- Planning Director Skanchy reviewed the staff report on this
item confirming Planning Commission approval at its meeting of March 27, 1997 and
responded to Council questions. Council signified agreement with the Planning Commission
approval of this item.
Rohnert Park City Council Minutes (7) April 8, 1997
14. PROPOSED COMMUNITY OUTREACH FOR YOUTH & FAMILIES COMMISSION (COYI,)
City Manager Netter referred to the draft ordinance provided for this item which was
requested by Mayor Spiro at the previous Council meeting. -- Mayor Linda Spiro reviewed
her previous involvement and background efforts of the former proposal for this item. Due
to concerns related to several of the qualified voluntary participants with businesses in
Rohnert Park but did not reside in Rohnert Park, efforts toward establishing a formalized
COYF Commission were not pursued further. It was very difficult to exclude those who
worked on the effort from being considered for appointments to the proposed commission
because of not residing in Rohnert Park.. Current circumstances make it a good opportunity
to reconsider the proposed COYF Commission.
Discussion included a motion by Councilmember Reilly directing staff to prepare the
ordinance for introduction on the next Council agenda to establish a COYF Commission,
seconded by Mayor Spiro for further discussion.
Council agreed to revisions in the draft ordinance for this item as follows:
•Item C, page 3 - Change "local school districts" to "local schools"
•Item D, page 3 - Provide broader language to include "explore the City's existing human
service needs, encourage existing agencies to collaborate and coordinate efforts for delivery
of services, encourage the formation of new programs when needed, and promote
specialized services for youth and families"
Mayor Spiro acknowledged that Community Resource Specialist Kathy VanderVennet was
the person originally hired to be the focal point to bring this effort together.
Councilmember Flores recommended the appointment of Vice Mayor Vidak- Martinez as the
Council Liaison to the newly established COYF Commission due to her expertise and
background qualifications. He also recommended indicating to the community that the City
Council is putting this item on the fast track and would be reviewing applications for
appointments to the COYF Commission in the near future. -- Further discussion included
Mayor Spiro acknowledging that the original Council Liaisons for COYF were
Councilmember Reilly and herself, and that the current Liaisons are Vice Mayor Vidak-
Martinez and herself. -- Councilmember Reilly responded that he was not volunteering to
continue to be this liaison but recommended that regardless of who the individuals are, the
Mayor and Vice Mayor would provide more weight as the liaisons for human services.
- -Vice Mayor Vidak- Martinez said Council had to be careful of that and not spread
themselves too thin. She signified her interest as the COYF liaison due to the experience of
her professional background. -- Mayor Spiro responded she had no problem with that but
thought the liaison assignment should be covered in a different motion. Council agreed.
Council unanimously approved the initial motion to agendize the ordinance for
introduction for the COYF Commission with signified changes on the next Council agenda.
15. SIGN ORDINANCE - Review for consideration of possible revisions -- Mayor Spiro reviewed
reasons for requesting consideration of this item due to contact from several citizens
expressing concern about the lack of resources for public notices of community events.
Due to various concerns related to this item, discussion concluded in Council concurrence
to include it in research for the Economic Development /Summit package.
Rohnert Park GO Council Minutes (8) April 8, 1997
16, STRATEGIC PLANNING SESSION with Consultant Rich Brown
1) Comments /results, 3/27/97 session -- City Manager Netter referred to the meeting notes
from Consultant Rick Brown for this item. He requested Council concurrence of same
and selection of a date and time for future sessions.
Councilmember Flores expressed preference for Council to deal with this and signify what
is important. He referred to a list he prepared for distribution to Council and explained it is
important for Council to know its priorities of strategic issues. Mr. Flores commented on
various examples of projects needing consideration. He recommended Council review of
the twelve items he identified, let the City Manager know of others that should be added,
and then each Councilmember separately prioritize the list for review during the next City
Council meeting. Council concurred.
17 ROHNERT PARK CHAMBER ORCHESTRA -- City Manager Netter referred to recent letter
from the Rohnert Park Chamber Orchestra and explained the item will be put on hold due
to confirmation from RPCO Director Linda Temple that they are in the process of seeking
other sources of assistance.
I& COUNCIL COMMITTEE REPORTS:
1) National League of Cities - Congressional Cities Conference
Mayor Linda Spiro referred to previous informational material provided to Council from
this conference. Mayor Spiro distributed her report on two workshops she attended at the
conference and shared contents therein regarding (1) Leveraging Resources for Safer
Communities, and (2) Coalitions, Power, and Constructive Conflict: Developing Civility in
Community Discourse (copy attached to original set of these minutes). As signified in her
report, Mayor Spiro recommended the following Council actions:
*Arrange meeting with representatives of signified organizations including public safety,
public works, other utilities, and postal service to establish a program of special
city /provider communication;
*Establish our Community Outreach for Youth and Families Commission to provide a
better forum for citizens to bring human service issues forward;
•Establish a Cross Cultural Business Council (perhaps through the Rohnert Park and
Cotati Chambers; and
•Encourage more participation with REDWOOD P.A.L. which is active in communities all
across the country for their local community.
19. 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.
1) Councilmember Reilly referred to communication dated March 28 on the Blue Ribbon
Campaign for Child Abuse Prevention Month of April. Due to colored ribbons becoming
somewhat ineffective for numerous efforts, different strategies are being pursued like
display frames at the mall. Mr. Reilly suggested having pictures of the ribbons representing
various efforts displayed on the Council Chamber wall during meetings and, also, to
consider running notices on the television during the meeting break.
Rohnert Park City Council Minutes (9) April 8, 1997
2) Councilmember Flores referred to item #15 on Communications from the Rohnert Park
Girls Softball League regarding dedication of the softball diamond at Eagle Park to George
Geister at 9:30 a.m., Saturday, April 12th. He offered to present the Resolution from
Council prepared for this dedication. Mayor Spiro accepted the offer and signified it might
also work out for her to attend.
3) Mayor Spiro referred to item #34 and #27 on Communications from the League of
California Cities, consecutively, urging support of SB880 and AB95 regarding property tax.
The Senate Committee on Revenue and Taxation will hear a proposal addressing SB880 on
April 16, 1997. Mayor Spiro recommended sending letters of support from Council for
both of these bills. Council agreed.
4) Councilmember Reilly referred to item #9 on Communications from the U. S. Postal
Service, responding to previous Council inquiry, regarding policy to deny POW/MIA flags
at the Post Office. Mr. Reilly requested a copy of this letter be sent to the originator of the
previous inquiry to Council to see if there has been any follow -up for provisions of other
flags that have been seen at post offices.
5) City Manager Netter referred to item #2 on Communications from Pacific Telesis Group
advising that Rohnert Park has been selected to be the site of Pacific Bell's largest
residential service center in California.
6) City Manager Netter referred to item #26 on Communications from Wells Fargo advising
the Rohnert Park branch at 250 Rohnert Park Expressway will close on June 20, 1997.
Mr. Netter has been discussing the matter with management of Wells Fargo to consider
aspects of other potential locations, the impacts on the Raley's banking center, and the
needs for Rohnert Park citizens. It is the City Manager's opinion that Raley's Town
Center Banking Unit is a bit small for a town the size of Rohnert Park, as parking is a
major problem and, also, business banking may be a problem.
20. MATTERS FROAFFOR COUNCIL:
1) Mayors' & Councilmembers' Working Group 3/27/97 meeting results (Mackenzie)
Councilmember Mackenzie referred to reports provided to Council from this meeting he
attended on Revenue Sharing and Homelessness which will be presented to the full
Mayors' and Councilmembers' meeting sometime later this year. The reports contain a
wide range of information for economic development and strategy planning.
2) Joint Meeting with Rohnert Park/Cotati Unified School District- -City Manager Netter
advised continued efforts to secure a date for this meeting. Mayor Spiro proposed writing a
letter, in the interim, inquiring about the closed campus possibilities previously signified
due to concerns about the affect students are having on surrounding businesses. City
Manager Netter indicated that Public Safety Director Pat Rooney had previously met and
was working closely with the School District regarding this issue. Mr. Netter then
suggested that he and Public Safety Director Rooney meet with the Principal of Rancho
Cotate High School to be updated on what is happening with closed campus and other
measure on this issue. Council expressed the preference to include School Administrators
in such a meeting and that Superintendent Jan Heffron should be involved.
Rohnert Park City Council Minutes (10) April 8, 1997
3) Joint Meeting with Sonoma State University Cabinet -- City Manager Netter advised
continued efforts to secure a date for this meeting. Discussion included Council agreement
that the decision regarding student body attendance at this joint meeting should be at the
discretion of SSU Cabinet.
4) Planners Terms -- Councilmember Flores referred to Council receiving zoning terms from
the Planning Commissioners Handbook and distributed the Planners Pocket Guide from the
League of California Cities with signified definitions highlighted in the Glossary of 'Terms.
Mr. Flores commented on the familiar aspects of the selected terms and that it was his
opinion the Council has been using these terms correctly.
5) Youth Summit on Violence - Cable Cast, 10:00 a.m., Wednesday, April 9, 1997
Mayor Linda Spiro extended a reminder of this Video conference.
6) Fashion Show Rehearsal, at Senior Center, 1:00 p.m., Friday, April 11, 1997
Councilmember Reilly announced this item.
7) Open House for Ron Brust Retirement, 11:30 a.m. to 1:30 p.m., Friday. April 11 1997
Councilmember Reilly announced this item.
8) Seniors' Fashion Show, at Community Center, 1:00 p.m., Sunday, April 20, 1997
Mayor Spiro announced this event.
21. CITYMANAGER'S REPORT.•
1) Residential Parking Signs/Fairway Drive - enforcement mechanism /decals
City Manager Netter referred to this report dated April 4, 1997 from Director of Public
Works /City Engineer Brust responding to previous Council inquiry. The City Council may
designate, by resolution, that the city traffic engineer by authorized to issue exemptions, as
signified in Ordinance No. 621, Section 5. Mr. Netter explained the two alternative
methods to consider, by stickers or placards, with recommendation by Mr. Brust for the
second alternative for issuance of placards to residents to place on the dash of vehicles.
Director of Public Works /City Engineer Brust reviewed the report and responded to
Council questions.
Discussion concluded upon Council concurrence for a resolution to be prepared for the
above - reviewed item signifying the alternative to issue placards at no cost to residents.
EXTEND COUNCIL MEETING: Upon motion by Councilmember Mackenzie, seconded by Vice
Mayor Vidak - Martinez, to extend the Council meeting past 10:00 p.m. to finish necessary
agenda items, was unanimously approved.
2) Crane Creek erosion /drainage report -- City Manager Netter reviewed this report
dated April 4, 1997 from Director of Public Works /City Engineer Brust responding to
comments made by Glenda and Bob Sissa at the March 25, 1997 City Council meeting.
Rohnert Park City Council Minutes (11) April S, 1997
3) Proposed workshops -- City Manager Netter referred to this list provided for Council
consideration at the past several Council meetings. Council expressed agreement with the
suggestion for Council to FAX prioritizations to the City Manager, which would include
signifying the three highest priorities of each Councilmember.
22. CITYATTORNEY'S REPORT. • City Attorney Flitner referred to his reports covered in
separate memorandums provided to City Council as follows:
1) Reconsideration of Council Action re. Municipal Code Section 2.08.260
2) Rancho Feliz Seismic Gas Line
23. UNSCHEDULED PUBLIC APPEARANCES.
Mayor Spiro asked if there were additional unscheduled public appearances at this time.
No one responded.
24. ADJOURNMENT. • There being no further business, Mayor Linda Spiro adjourned the meeting
at approximately 10:06 p.m.
Dep Ci lerk
jh/mi
i
Mayor
Ici
VAN NORDEN LOGAN
2560 WEST DRY CREEK ROAD
HEALDSBURG, CA 95448
TEL. & FAx 707 - 431 -1665
March 31, 1997
Mayor Linda Spiro
Vice Mayor Vicky Vidak- Martinez
Councilman James Reilly
Councilman Armando Flores
Councilman Jake McKenzie
6750 Commerce Blvd.
Rohnert Park, CA 94928
RE: Rohnert Park Planning Area /20 Year Urban Growth Line
Dear Vicky,
I am very concerned about the direction the majority of the Council chose to take on
March 25 regarding the "compromise" planning area. My comments to the Council at
that meeting were that no Urban Growth Line should be established until planning for
20 year growth was accomplished. In addition, the planning area must include all of the
land that adjoins the city limits. I still hold these views.
However if the Council is determined to reduce its northeast planning area, it can be
done in other ways. The planning area can be held to approximately the same acreage as
that proposed by Councilman Flores by establishing a line running south from the
eastern boundary of G section to the Rohnert Park Expressway, then to Petaluma Hill
Road, and then south along Petaluma Hill Road. (See attached map — orange line.)
From a LAFCO perspective, this is a far more orderly city boundary line than that voted
upon on March 25. Several other reasons would support this conclusion, including:
1. The land within the orange line includes a large group of landowners as opposed
to an extremely limited number in the March 25 Council action. (See attached
map.) This would help foster a diversity of uses and time of development of these
lands and avoid the favoritism evident in the March 25 line.
2. This would not create a "peninsula" of County land at Snyder Lane, north of the
Creekside Middle School.
3. The eastern side of Snyder Lane could be improved by the landowners with
widened traffic lanes and bicycle and pedestrian paths allowing for greater safety
for children going to the Creekside Middle School.
ARCH TECrURE • LAND PLANNING • REAL ESTATE BROKERAGE
March 31, 1997 Page Two
4. Sonoma State University's goal of making the land north of the campus develop-
able for University- related uses would be realized.
5. A geographically diverse area would allow more flexibility in the location of the
various land uses recommended by the Citizens Advisory Committee's report
which was accepted by the City Council last year.
A second logical location for a planning area line is the one shown on the Sonoma
County General Plan as the "Rohnert Park Urban Service Area" (see attached map —
purple line). This still reduces the planning area described by the January 28 resolution,
but provides for the advantages stated in points 1 -5 of this letter.
The third location for the line is as it was originally described in the January 28 Resolu-
tion. I urge the Council to maintain this line.
I would appreciate a discussion of this letter and my proposed compromise lines at your
meeting on April 8.
Very truly yours,
C,
Van Nord
VNL /mm
cc: Mr. Joe Netter, City Manager
Mr. Carl Leivo, Assistant City Manager
A RCHPTEcmRE • LAND PLANNING • REAL ESTATE BROKERAGE
— J •
a
H QVF-P.
l2D,D A•G
w'f R
Kr rr• _
.alp Q 5, 43 A%
-�-` Woo � H6 U T71 .0S73
i
-� r---� -- ._.. ....,,,
� M
I
I � 4
' GS,zr A-L
� J
c - 9-0.32 AC.
O ;@
O 27,S9A� ;
O
Z0.0 Air-
.' 3 rnDURA
_
CSIAGOMETrI
BRED; =�1cK5
�
75 G- T A.
i,
42 AL(�G,P °FS�
O
TC Ii= L�'
�' BRrANg
CO/u FOP-"S vYrii 60140MA
3 z ,o3 AG
.�.. ».
'C0OAf r5s` OZ W, I�LAfj U964N
V
4!~ V1cF AfzEA �DIt
,CARR 8,01.c-
e
/D,O.4G
N� iP
ELL•
MAR.T)N
I
ARTW U� A N t
C',
_
Q
IV,0 rn1-
APPgvx)MA'j•� /�Ci�GO
)AGoME7'i7
{.OGArj
m9
w
25 a 4c
4.4 F�
r .� "i-- 11, F2. J
` )3LAr:k r3iJ�tii
# t ,.
PLl�NNIAICy f.JN Co/th1NG4��
A140 Zr
� pJ x
� J
c - 9-0.32 AC.
O ;@
O 27,S9A� ;
O
Z0.0 Air-
CSIAGOMETrI
75 G- T A.
2.0,O A-G
42 AL(�G,P °FS�
O
TC Ii= L�'
�' BRrANg
CO/u FOP-"S vYrii 60140MA
3 z ,o3 AG
.�.. ».
'C0OAf r5s` OZ W, I�LAfj U964N
V
4!~ V1cF AfzEA �DIt
,CARR 8,01.c-
N� iP
ELL•
-+—
`r �
_
._.
APPgvx)MA'j•� /�Ci�GO
z2,ZZA-
- .- n
W1iNIN (H F1 UPS
r .� "i-- 11, F2. J
r.
..LL 50,0
# t ,.
PLl�NNIAICy f.JN Co/th1NG4��
A140 Zr
� pJ x
.�..
..
t
....� + "
/ T IN o
K E. —
I or,
LACED
I
-
,eOHN�.�T
S,g�,gc I
= =�— - b %AL
�AL
�,tc7/�, 3I•S� -.
Tfi!�l'Jla�ri .. I �,
+ca
!��lidlA
.••. I � V
- -
_
d rr.AL c_6M7 -�-
�s�•
tU d r''i"iq�t1
r- R.YEJG, l�vt S
tE o
`� 3
PAI'_rNaizSN•JI'
W/
Ai5. T1J iinsi
.e.o.Ac.
O 5
-
�lr
•
REeD H/4M ILy
40l� i7c�,�ic,
't�
6AK Pgo f
�C
(�, a,
AADI=�SON
c7
r•sur�
f
56 -014
la.slr
s. ••
a S. / 9.• -..2 �• �.
_
�hNE,- p,�K 1
°
�, R���
`! jm aaCar-
r FAM.
.J
S T'�O Val I AL G
L
N. /f•IJI-
-
--aan •L11
,:7- (s!S%��'
UNAER�.4�1NCo
- ---
b-
l ND
a.�.rsm a
Ds Ar
_,_ry,
:..
- - -
DWlyEA$)4) P-5
-
_
O FA, PYr 2- .lSZ -T/ n
SONOYA STATE
UN(VERyTy
^ ZJJI�M! n°
AW AP_� ' ou W�L
' 41• Ir.•.
11rJ,
�iAC
, 1! ,I b t,Ir.rt
�I:
computed as if the taxpayer was a resident for all prior years.
(e) There shall be imposed for each taxable year upon the taxable income of every estate,
trust, or common trust fund taxes equal to the amount computed under subdivision (a) for an
individual having the same amount of taxable income.
(f) The tax imposed by this part is not a surtax.
(g) (1) Section 1 (g) of the Internal Revenue Code, relating to certain unearned income of
minor children taxed as if the parent's income, shall apply, except as otherwise provided.
(2) Section I(g)(7)(B)(ii)(II) of the Internal Revenue Code, relating to income included on
parent's return, is modified, for purposes of this part, by substituting "five dollars ($5)" for
seventy -five dollars ($75)" and "I percent" for "15 percent."
(h) For each taxable year beginning on or after January 1, 1988, the Franchise Tax Board
shall recompute the income tax brackets prescribed in subdivisions (a) and (c). That
computation shall be made as follows:
(1) The California Department of Industrial Relations shall transmit annually to the
Franchise Tax Board the percentage change in the California Consumer Price Index for all
items from June of the prior calendar year to June of the current calendar year, no later than
August 1 of the current calendar year.
(2) The Franchise Tax Board shall do both of the following:
(A) Compute an inflation adjustment factor by adding 100 percent to the percentage
change figure that is furnished pursuant to paragraph (1) and dividing the result by 100.
(B) Multiply the preceding taxable year income tax brackets by the inflation adjustment
factor determined in subparagraph (A) and round off the resulting products to the neatest one
dollar ($1).
(i) (1) For purposes of this section, the term "California adjusted gross income" includes
each of the following:
(A) For any part of the taxable year during which the taxpayer was a resident of this state
(as defined by Section 17014), all items of adjusted gross income, regardless of source.
(B) For any part of the taxable year during which the taxpayer was not a resident of this
state, only those items of adjusted gross income which were derived from sources within this
state, determined in accordance with Chapter 11 (commencing with Section 17951).
(2) For purposes of computing "California adjusted gross income" under paragraph (1),
the amount of any net operating loss sustained in any taxable year during any part of which
the taxpayer was not a resident of this state shall be limited to the sum of the following:
(A) The amount of the loss attributable to the part of the taxable year in which the
taxpayer was a resident.
(B) The amount of the loss which, during toe part of the taxable year the taxpayer is not a
resident, is attributable to California source income and deductions allowable in arriving at
adjusted gross income.
(j) It is the intent of the people of the State of California in enacting the amendments to
this section made by the statutory initiative adding this subdivision to continue those marginal
income tax rates that affect only the very highest income taxpayers and would otherwise
expire in 1996, in order to generate those revenues necessary to provide a basic level of local
focal relief and maintain the state's ability to fulfill its other obligations. It is the intent of the
people of the State of California that any future enactment that alters the rate, base, or
burden of the state personal income tax at least maintain the level and proportionate share of
revenues derived from the marginal income tax rates provided for by the statutory initiative
adding this subdivision.
Section 5. Allocation of revenues from state to local government.
Section 19603 of the Revenue and Taxation Code is amended to read:
19603. % (a) Except as provided in subdivision (b), the balance of the moneys in the
Personal Income Tax Fund shall, upon order of the Controller, be drawn therefrom for the
purpose of making refunds under this part or be transferred to the General Fund. All
undelivered refund warrants shall be redeposited in the Personal Income Tax Fund upon
receipt by the Controller.
(b) (1) (A) Subject to any reduction required by subparagraph (B), on December 1 of
each fiscal year there is hereby deposited in the Local Agency Fiscal Restoration Account,
which is hereby created in the General Fund, that additional amount of personal income tax
revenue that is collected for the immediately preceding taxable year as a result of the
amendments to Section 17041 made by the statutory initiative adding this subdivision, which
continue in existence the two highest personal income tax rates.
(B) Notwithstanding any other provision of law, any increase resulting from the statutory
initiative adding this subdivision in the amount of state educational funding required by
Section 8 of Article XVI of the California Constitution and any implementing statute shall be
fiuided from a reduction in the amount of the deposit otherwise required by subparagraph (A).
In no event shall the statutory initiative adding this subdivision result in a level of state
educational finding that is less than the level of state education funding that would occur in
the absence of that measure.
(2) in each fiscal year the fidl amount of revenues that is deposited in the Local Agency
Fiscal Restoration Account pursuant to paragraph (1) is hereby appropriated to the
Controller for apportionment among all counties in the state. Based upon information
provided by the Department of Finance, the Controller shall make an apportionment to each
county in accordance with the proportion that the total amount of revenue, required to be
shifted for the prior fiscal year from all local agencies in the county as a result of Sections
97.2 and 97.3, bears to the total amount required to be shifted for the prior fiscal year as a
result of those same sections for all local agencies in the state. For purposes of determining
proportionate shares pursuant to the preceding sentence, the Controller shall reduce the total
amount of shift revenue determined for all local agencies of a county by the total amount of
revenue allocated in that county pursuant to Section 35 of Article X111 of the California
Constitution, and shall also reduce the total amount of shift revenues determined for all local
agencies in the state by the total amount of revenue allocated in the state pursuant to that
same constitutional provision. Each apportionment received by a county pursuant to this
section shall be deposited by the county treasurer as provided in Section 30061 of the
Government Code. For purposes of this subdivision, "local agency" has the same meaning as
that same term is used in Section 30061 of the Government Code.
(c) It is the intent of the people of the State of California in enacting subdivision (b) to
make those personal income tax revenues,. derived from the tax rates imposed upon only the
very highest income taxpayers, available to relieve local agencies that have been required by
state law to assume a portion of the state's funding burden, and thereby allow those agencies
to better fund essential public services.
Section 6. The Legislature may amend this measure only by a statute, passed in each
house of the Legislature by a two thirds vote, that is consistent with and furthers the purposes
of this measure. However, the Legislature may enact a statute to implement subdivision (h) of
Section 1 of this measure with the approval of only a majority of each house of the
Legislature.
Proposition 218: Text of Proposed Law
This initiative measure is submitted to the people in accordance with the or special tares. Special purpose districts or agencies, including school districts, shall have
provisions of Article 11, Section 8 of the Constitution. no power to levy general taxes.
This initiative measure expressly amends the Constitution by adding articles (b) No local government may impose, extend or increase any general tax unless and until
thereto; therefore, new provisions proposed to be added are printed in italic type that tax is submitted to the electorate and approved by a majority vote. A general tax shall not
to indicate that they are new, b de
e emed to rove been increased if it is imposed at a rate not higher than the maximum rate
PROPOSED ADDITION OF ARTICLE XIH C so approved The election required by this subdivision shall be consolidated with a regularly
AND ARTICLE XIII D scheduled general election for members of the governing body of the local government,
except in cases of emergency declared by a unanimous vote of the governing body.
RIGHT TO VOTE ON TAXES ACf (c) Any general tax imposed extended, or increased without voter approval, by any local
SECTION 1. TITLE. This act shall be known and may be cited as the "Right to Vote
on Taxes Act."
SECTION 2. FINDINGS AND DECLARATIONS. The people of the State of
California hereby find and declare that Proposition 13 was intended to provide effective tax
relief and to require voter approval of tax increases. However, local governments have
subjected taxpayers to excessive tax, assessment, fee and charge increases that not only
frustrate the purposes of voter approval for tax increases, but also threaten the economic
security of all Californians and the California economy itself. This measure protects taxpayers
by limiting the methods by which local governments exact revenue from taxpayers without
their consent.
SECTION 3. VOTER APPROVAL FOR LOCAL TAX LEVIES. Article XIU C is
added to the California Constitution to read:
i, WJ. .
ARTICLE XIII C
SECTION 1. Definitions. As used in this article: �(� tt' ";�; �; a
(a) "General tax" means any tax imposed for general governmental purposes.
(b) "Local government" means any county, city, city and county, including a charter city
or counrv, any special district, or any other local or regional overnmental anti
government on or after January 1, 1995, and prior to the effective date of this article, shall
continue to be imposed only if approved by a majority vote of the voters voting in an election
on the issue of the imposition, which election shall be held within two years of the effective
date of this article and in compliance with subdivision (b).
(d) No local government may impose, extend or increase any special tax unless and until
that tax is submitted to the electorate and approved by a two- thirds vote. A special tax shall
not be deemed to have been increased if it is imposed at a rate not higher than the maximum
rate so approved
SEC. 3. Initiative Power for Local Taxes, Assessments, Fees and Charges.
Notwithstanding any other provision of this Constitution, including, but not limited to,
Sections 8 and 9 of Article 11, the initiative power shall not be prohibited or otherwise limited
in matters of reducing or repealing W local tax, assessment, fee or charge. The power of
imtutttve to affect local taxes, assessments, fees and charges shall be applicable to all local
governments and neither the legislature nor any local government charter shall impose a
signature requirement higher than that applicable to statewide statutory initiatives.
"/ SECTION 4. ASSESSMENT AND PROPERTY RELATED FEE REFORM.
Article XIII D is added to the California Constitution to read
(c) "Special district" means an agency of the state, formed pursuant to general law or a
special act, for the local performance of governmental or proprietary functions with limited
geographic boundaries including, but not limited to, school districts and redevelopment
agencies.
(d) "Special tax" means any tax imposed for specific purposes, including a tax imposed
for specific purposes, which is placed into a general fund
SEC. 2. Local Government Tax Limitation. Notwithstanding any other provision of this
Constitution:
(a) All taxes imposed by any local government shall be deemed to be either general taxes
108
ARTICLE X111 D
SECTION 1. Application. Notwithstanding any other provision of law, the provisions of
this article shall apply to all assessments, fees and charges, whether imposed pursuant to
state statute or local government charter authority. Nothing in this article or Article XIII C
shall be construed to:
(a) Provide any new authority to any agency to impose a tax, assessment, fee, or charge.
(b) Affect existing laws relating to the imposition of fees or charges as a condition of
property development.
(c) Affect existing laws relating to the imposition of timber yield taxes.
iii Asc
G96
SEC. 2. Definitions. As used in this article:
(a) "Agency" means any local government as defined in subdivision (b) of Section I of
Article X111 C.
(b) "Assessment" means any levy or charge upon real property by an agency for a species
benefit conferred upon the real property. 'Assessment" includes, but is not limited to,
"special assessment, " "benefit assessment,,, "maintenance assessment" and "specim
assessment tax. "
(c) Capital cost" means the cost of acquisition, installation, construction, reconstruction,
or replacement of a permanent public improvement by an agency.
(d) "District" means an area determined by an agency to contain all parcels which will
receive a special benefit from a proposed public improvement or property - related service.
(e) "Fee "or "charge" means any levy other than an ad valorem tax, a special tax, or an
assessment, imposed by an agency upon a parcel or upon a person as an incident of property
ownership, including a user fee or charge for a property related service.
(f) "Maintenance and operation expenses" means the cost of rent, repair, replacement,
rehabilitation, fuel, power, electrical current, care, and supervision necessary to properly
operate and maintain a permanent public improvement.
(g) "Property ownership" shall be deemed to include tenancies of real property where
tenants are directly liable to pay the assessment, fee, or charge in question.
(h) "Property- related service" means a public service having a direct relationship to
property ownership.
(i) "Special benefit" means a particular and distinct benefit over and above general
benefits conferred on real property located in the district or to the public at large. General
enhancement of property value does not constitute "special benefit. "
SEC. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax,
assessment, fee, or charge shall be assessed by any agency upon any parcel of property or
upon any person as an incident of property ownership except:
(1) The ad valorem property tax imposed pursuant to Article X111 and Article XIII A.
(2) Any special tax receiving a two- thirds vote pursuant to Section 4 of Arick Xlll A.
(3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article.
(b) For purposes of this article, fees for the provision of electrical or gas service shall not
be deemed charges or fees imposed as an incident of property ownership.
SEC. 4. Procedures and Requirements for All Assessments. (a) An agency which
proposes to levy an assessment shall identify all parcels which will have a special benefit
conferred upon them and upon which an assessment will be imposed. The proportionate
special benefit derived by each identified parcel shall be determined in relationship to the
entirety of the capital cost of a public improvement, the maintenance and operation expenses
of a public improvement, or the cost of the property related service being provided No
assessment shall be imposed on any parcel which exceeds the reasonable cost of the
proportional special benefit conferred on that parcel. Only special benefits are assessable,
and an agency shall separate the general benefits from the special benefits conferred on a
parcel. Parcels within a district that are owned or used by any agency, the State of California
or the United States shall not be exempt from assessment unless the agency can demonstrate
by clear and convincing evidence that those publicly owned parcels in fact receive no special
ienefit.
(b) All assessments shall be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California.
(c) The amount of the proposed assessment for each identified parcel shall be calculated
and the record owner of each parcel shall be given written notice by mail of the proposed
assessment, the total amount thereof chargeable to the entire district, the amount chargeable
to the owner's particular parcel, the duration of the payments, the reason for the assessment
and the basis upon which the amount of the proposed assessment was calculated together
with the date, time, and location of a public hearing on the proposed assessment. Each notice
rhall also include, in a conspicuous place thereon, a summary of the procedures applicable to
the completion, return, and tabulation of the ballots required pursuant to subdivision (d),
including a disclosure statement that the existence of a majority protest, as defined in
subdivision (e), will result in the assessment not being imposed
(d) Each notice mailed to owners of identified parcels within the district pursuant to
subdivision (c) shall contain a ballot which includes the agency's address for receipt of the
Wlot once completed by any owner receiving the notice whereby the owner may indicate his
w her name, reasonable identification of the parcel, and his or her support or opposition to
he proposed assessment.
(e) 77te agency shall conduct a public hearing upon the proposed assessment not less than
U days after mailing the notice of the proposed assessment to record owners of each
dentifted parcel. At the public hearing, the agency shall consider all protests against the
woposed assessment and tabulate the ballots. The agency shall not impose an assessment if
here is a majority protest. A majority protest exists if, upon the conclusion of the hearing,
rallots submitted in opposition to the assessment exceed the ballots submitted in fav2nY
ssessment. In tabulating the ballots, the ballots shall be weighted according
rroportional financial obligation of the affected property.
(f) In any legal action contesting the validity of any assessment, the burden shall b
agency to demonstrate that the property or properties in question receive a speciaYbenefit
vier and above the benefits conferred on the public at large and that the amount of any
ontested assessment is proportional to, and no greater than, Ian the benefits conf don the
roperty or properties in question
(g) Because only special benefits are assessable, electors residing within t district who
o not own property within the district shall not be deemed under this Constitution to have
een deprived of the right to vote for any assessment. If a court determines that the
'onstitution of the United States or other federal law requires otherwise Ahe assessment shall
'r96
not be imposed unless approved by a two - thirds vote of the electorate in the district in
addition to being approved by the property owners as required by subdivision (e).
SEC. 5. Effective Date. Pursuant to subdivision (a) of Section 10 of Article 11, the
provisions of this article shall become effective the day after the election unless otherwise
provided Beginning July 1, 1997, all existing, new, or increased assessments shall comply
with this article. Notwithstanding the foregoing, the following assessments existing on the
effective date of this article shall be exempt from the procedures and approval process set
forth in Section 4.
(a) Any assessment imposed exclusively to finance the capital costs or maintenance and
operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or
vector control. Subsequent increases in such assessments shall be subject to the procedures
and approval process set forth in Section 4.
(b) Any assessment imposed pursuant to a petition signed by the persons owning all of the
parcels subject to the assessment at the time the assessment is initially. imposed. Subsequent
increases in such assessments shall be subject to the procedures and approval process set
forth in Section 4.
(e) Any assessment the proceeds of which are exclusively used to repay bonded
indebtedness of which the failure to pay would violate the Contract Impairment Clause of the
Constitution of the United States.
(d) Any assessment which previously received majority voter approval from the voters
voting in an election on the issue of the assessment. Subsequent increases in those
assessments shall be subject to the procedures and approval process set forth in Section 4.
SEC. 6. Property Related Fees and Charges. (a) Procedures for New or Increased
ees and Charges. Am agency shall follow the procedures pursuant to tYnis section in
imposing or increasing any fee or charge as defined pursuant to this article, including, but
Limited to, the following:
(1) The parcels upon which a fee or charge is proposed for imposition shall be identified
The amount of the fee or charge proposed to be imposed upon each parcel shall be
calculated The agency shall provide written notice by mail of the proposed fee or charge to
the record owner of each identified parcel upon which the fee or charge is proposed for
imposition, the amount of the fee or charge proposed to be imposed upon each, the basis upon
which the amount of the proposed fee or charge was calculated the reason for the fee or
charge, together with the date, time, and location of a public hearing on the proposed fee or
c ) The agency shall conduct a public hearing upon the proposed fee or charge not less
than 45 days after retailing the notice of the proposed fee or charge to the record owners of
each identified parcel upon which the fee or charge is proposed for imposition. At the public
hearing, the agency shall consider all protests against the proposed fee or charge. If written
protests against the proposed fee or charge art presented by a majority of owners of the
identified parcels the agency shall not impose the fee or charge.
(b) Requirements for Existing, New or Increased Fees and Charges. A fee or charge
shall not be Wended, imposed or increased by any agency unless it meets all of the following
requirements:
(1) Revenues derived from the fee or charge shall not exceed the funds required to provide
the property related service.
(2) Revenues derived from the fee or charge shall not be used for any purpose other than
that for which the fee or charge was imposed
(3) Tie amount of a fee or charge imposed upon any parcel or person as an incident of
property ownership shall not exceed the proportional cost of the service attributable to the
parcel.
(4) No fee or charge may be imposed for a service unless that service is actually used by,
or immediately available to, the owner of the property in question. Fees or charges based on
potential or future use of a service are not permitted Standby charges, whether characterized
as charges or assessments, shall be classified as assessments and shall not be imposed
without compliance with Section 4.
(5) No fee or charge may be imposed for general governmental services including, but not
limited to, police, fire, ambulance or library services, where the service is available to the
public at large in substantially the same manner as it is to property owners.
Reliance by an agency on any parcel nap, including, but not limited to, an assessor's parcel
map, may be considered a significant factor in determining whether a fee or charge is
imposed as an incident of property ownership for purposes of this article. In any legal action
contesting the validity of a fee or charge, the burden shall be on the agency to demonstrate
co with this article.
(c) Vo r Approval for New or increased Fees and Charges. Except or fees or charges
s er water, and refuse collection services, no property re ee or charge shall be
posed or increased unless and until that fee or charge is submitted and approved by a
majority vote of the property owners of the property subject Jo the fee or charge or, at the
option of the agency by a two thirds vote of the electorate residing in the affected area The
election shall be conducted not less than 45 days after the public hearing. An agency may
adopt procedures similar to those for increases in assessments in the conduct of elections
under this subdivision.
(d) Beginning July 1, 1997, all fees or charges shall comply with this section.
SECTION 5. LIBERAL CONSTRUCTION. The provisions of this act shall be
liberally construed to effectuate its purposes of limiting local government revenue and
enhancing taxpayerconseat.
SECTION 6. SEVERABILM.. If any provision of this act, or part thereof, is for any
reason held to be invalid or unconstitutional, the.remaining sections shall not be affected, but
shall retrain in full force and effect, and to this end the provisions of this act are severable.
109
�Jn110�
,
r G
U
t
109
muv,4 -/ `ll 212 ��
SUYEYASU FAMILY INVESTMENTS
40800 ENCYCLOPEDIA CIRCLE
FREMONT, CALIFORNIA 94538
(510) 623 -1048
FAX (510) 623 -1274
April 4, 1997
Rohnert Park City Council
6750 Commerce Blvd.
Rohnert Park, CA 94928
FAX: (707)793 -7274
RE: Revision of Rohnert Park's Planning Area
Dear Councilmembers:
My family were very disturbed on the decision that the majority of the
Council chose regarding the "compromised" planning area at the March 25,
1997 meeting. It seemed inconsistent, and a sudden change from the
earlier planning areas of your 1995 General Plan (planning area extends
to Todd Road to the north, Petaluma Hill Road to the east, and Stony
Point Road to the west), and your recent action on Resolution No. 97 -30
(planning area to be the City limits to the north, Petaluma Hill Road to
the east, East Railroad Avenue to the south, the City limits to the
southwest, and the Laguna de Santa Rosa anti Stony Point Road to the
west).
We believe that your planning area in Resolution No. 97 -30 would fit
best for long -term planning of a master plan for the City of Rohnert
Park. Since we cannot predict what the future will bring, especially in
a constantly changing environment, an orderly long -term plan is a must
for the direction of this City Council and future City Councils. It is
costly from a financial and timing elements to constantly reinvent the
"wheel ". We urge that the City Council put together a long -term plan
for 20 years growth, and refine it, depending on what the short -term
(5 years) demands and limitations are. We believe this process would
give the City Council a more consistent plan, but still give the City
Council the flexibility of implementation and fine tuning, depending on
the fiscal, environmental, and timing constraints of the present and
near future.
We and our neighbors, the Gasts, the Hovers, and the Woos are owners of
the parcels located on Petaluma Hill Road, contiguous with the city
limits of Rohnert Park in the Northeast planning area. We feel very
strongly, that we should be included in the planning area for Rohnert
Park. We urge you to stay with the original planning area in your
Resolution No. 97 -30, for a logical and orderly planning for the City of
Rohnert Park.
Very truly yours,
Ted T. Suyeyasu
C.C. Karl Gast
David Hover
Lisa Shanks
NATIONAL LEAGUE OF CITIES CONFERENCE
Workshops attended:
1. Leveraging Resources for Safer Communities
This workshop was designed to provide participants with the
techniques to assess local issues and assets, enable mobiliza-
tion of communities to action on issues of public safety, and
develop action plans and implementation strategies and measure
program effectiveness.
Group participated in role playing to assess the "real issue"
not just what appeared to be the problem. Examples included
race issues masked as truancy; who are the real crime victims.
Have Public Works employees report what they see and hear as
the "eyes and ears" of the community, and report to public
safety what is going on. Also establish a program with the
other utilities and the postal service to aid in a similar
manner.
** *Council Action - Arrange meeting with representatives of
these organizations to establish a program of special
city /provider communication.
"COMMUNITY BONDS ARE THE BEST WEAPON IN CRIME PREVENTION"
Identify major problems facing the youth of our city
including underlying conditions which will need to be
addressed.
Identify community resources that can help solve the
problems.
We spend dollars on seniors; playgrounds for the young;
teens have the least available dollars provided by the
city.
* ** Council Action
Establish our Community Outreach for Youth and Families
Commission to provide a better forum for citizens to bring
human service issues forward.
** *Council Action - Establish a Cross Cultural Business
Council (Perhaps through the Rohnert Park and Cotati
Chambers)
HAVE A "GET TO KNOW YOUR NEIGHBOR DAY" (Cultural Arts)
Over simplification but "breaking bread" can act as a basis
for understanding, cultural awareness and teach us all.
Address diversity as an asset and publicize efforts, start
now to break down barriers for our changing city /county /world.
** *COUNCIL ACTION REDWOOD P.A.L. is active in communities all
across the country for their local community
encourage more participation in Rohnert Park.
2. Coalitions, Power, and Constructive Conflict: Developing
Civility in Community Discourse
Amazing similarity to our existing efforts with consultant
Rick Brown.
Seminar focused on how to heal the gulfs that divide us.
Group exercise which was particularly enlightening was a
two -fold effort.
o Groups listed the "toxic" things which happened between
councilmembers, staff, media, special interest groups, and
citizens. Lists were long and the surprise was how very
very similar city to city.
o Second part was to list the "positive" things. This was
productive for everyone yet was a harder list for most
groups to do (which was normal per the presenter).
A VERY WORTHWHILE SEMINAR