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1990/07/10 City Council MinutesRohnert Park City Council Minutes July 10, 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. CALL TO CPJ)M Mayor Hollingsworth called the regular session to order at approximately 7:35 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation and personnel matters. ROLL CALL Present: ( 3 ) Counci lmembers Eck, Hopkins and Mayor Hollingsworth Absent: (1) Councilmembers Cochran and Spiro Staff present for all or part of the meeting: City NHnager Callinan, City Attorney Flitner, Director of Administrative Services /Assistant to the City Manager Netter, City Engineer Brust, Assistant to the City Manager Leivo. Approval of Mimites Upon motion by Councilman Hopkins, seconded by Councilman Eck, the minutes of June 25 and 26, 1990 were unanimously approved. Approval of Bills Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $1,036,351.20 were approved. CDA bills presented per the attached list in the amount of $79,276.15 were approved. Non- agendaed Items Mayor Hollingsworth queried if any Councilmember had any non- agendaed items to add to the agenda. Councilman Eck said he had one miscellaneous item to add under communications. Lhscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. No one responded. Rohnert Park City Council Minutes (2) July 10, 1990 C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar. Acknowledging the City Mhnager /Clerk's report on the posting of the agenda. Resolution No. 90 -141 A RESOLUTION OF THE COLUCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF CYNTHIA L. HALLETT (c /o Robert Huntington, Esq.) Resolution No. 90 -142 A RESOLUTION ACCEPTING TWO (2) GRANT DEEDS (for right of way & landscape parcel along E. Cotati Avenue) Resolution No. 90 -143 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION - EVERGREEN SCHOOL LANDSCAPING PROJECT NO. 1989 -3 Resolution No. 90 -144 APPROVING A LEASE AGREEMENT WITH A.T.A. TAEKWONDO FITNESS CENTER FOR USE OF ACTIVITY ROOM AT SPORTS CENTER Resolution No. 90 -145 A RESOLUTION APPROVING JOB DESCRIPTIONS AND SETTING CERTAIN PAY RATES AND RANGES FOR ANIMAL HEALTH TECHNICIAN AND ANIMAL, SHELTER ASSISTANT Resolution No. 90 -146 A RESOLUTION APPROVING CERTAIN PAY RATE AND RANGE FOR THE POSITION OF DEVELOPMENT DIRECTOR OF THE PERFORMING ARTS CENTER Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. 30-147 A RESOLUTION OF AWARD OF CONTRACT REDWOOD DRIVE NORTH WIDENING & E. COTATI AVE. ISLANDS PROJECT NO. 1986 -18 Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -147 was adopted. Rohnert Park City Council Minutes (3) July 10, 1990 Resolution No. 90-148 A RESOLUTION ALTrHORIZING THE NAMING OF THE BLACK BOX THEATRE AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER THE "BETTE CONDIOTTI EXPERIMEurAL THEATRE" Director of Administrative Service /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -148 was adopted. Resolution 90-149 A RESOLUTION AL)THORIZING THE NAMING OF THE GREEN ROCM AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER THE "MILLIE Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -149 was adopted. _?:T no TV Un., 1FOMN Improved TV Cammittee- Roberto Piccioni, 209 Enterprise Drive, shared contents of copies provided to Council of letter dated June 29, 1990 from Dennis Jilka of the Committee for Improved Television, suggested resolution, and copy of letter from the City of Cotati dated June 19, 1990 to MultiVision Cable TV requesting the addition of KSTF, Channel 26, to local television programming. Channel 26 is a UHF commercial television station that specializes in providing programming in various non - English languages such as Japanese, Korean, Chinese, Vietnamese, Italian and Greek. He also presented to Council a petition with over 800 signatures which included 400 Rohnert Park citizens requesting same. Giuseppe DiPiazza, 1387 Mattice Lane, said he moved here over a year ago from Italy and felt Channel 26 would provide an opportunity for his daughter to learn Italian and be a benefit to his Italian speaking wife. He expressed frustration with any efforts to communicate by phone or in person with representatives of the local cable television conpany regarding requests to add Channel 26 to the local programming. Miyuko Gergel, 700 Bret Avenue, said she has lived here about 21 years. Many have tried to get a Japanese station in the area and have been told that the number of people interested is not sufficient to justify such programming. She referenced the petition provided to Council and thought the number of signatures merited attention to the matter. Rohnert Park City Council Minutes (4) July 10, 1990 Roberto Piccioni referenced the upcoming franchise renewal contract negotiations with the cable TV company and said the reason for seeking Council's support tonight was because of the lack of response from MultiVision regarding this request. Discussion followed during which Council clarified that to date no agreement has been made or terms set regarding the franchise renewal contract with the cable TV company. Confirmation was given that programming regulations have been removed from local government control. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to write a letter to MaltiVision Cable TV Corp. supporting the request to ad3 Channel 26 to cable television programming. Transition Hone for Dawna Gallagher, 7342 Rasn ssen Way, explained that copies Women with Children had been provided to Council of proposal submitted by Sonoma County Christian Network and Sonoma County Housing Services regarding the purchase of a Rohnert Park transition home for women with children and shared the contents therein. The report also included the need to develop a non - profit Homeless Task Force to oversee and regulate this project, projected monthly budget, and statistics on the area's hornless for the year 1988 -89. She said this home fits the description for use of Community Development Agency (CDA) funds, other grant coney has also been requested, and it would meet the criteria to assist the homeless as specified in the General Plan Housing Element. This transition home would be a pilot project as there appears to be a need for ten or twelve such homes and, therefore, urged Council to vote for the project as outlined. Discussion followed during which the above - referenced statistics were questioned, need for live in House Manager was reviewed, and confirmation that the projected budget was drawn from other such homes in the surrounding area. Comments were made regarding the precautions that need to be taken regarding duplication of County provided services, the need for neighbors of the transition home location to participate in the decision versus the privacy need of those using the facility, and other fragmented factors. A motion was made by Councilmen Hopkins to direct staff to review the matter regarding the purchase of a Rohnert Park transition home, seconded by Councilman Eck with amendments for reservations to see how the program works, include the need for full participation of the neighbors, and consideration to interface other commitments from various County and other agencies to ensure no duplication of services. Said motion was unanimously approved. Rohnert Park City Council Minutes (5) July 10, 1990 Council concurred that Dawna Gallagher should comnmicate directly with staff to set up a meeting to review this matter further. RP Cultural Arts Corporation/Goals Nancy Seymour, President of Rohnert Park Cultural Arts Corporation, 7831 Beverly Drive, explained that Council had been provided with copies of her letter dated June 10, 1990 regarding an outline of goals for the Cultural Arts Corporation and shared the contents therein. She said the remaining board members have a good rapport and concluded at the last meeting that the Cultural Arts Corporation should continue within the framework in which it was originally established. Discussion followed during which it was confirmed that Council concurred at its previous June 12th meeting that the Cultural Arts Commission should prepare and present its goals to Council. It was acknowledged that the Cultural Arts Commission may be involved in the discussion of the design of parks when requested to do so by the City Council, but normally this is an assignment of the Parks and Recreation Commission. Senior Citizens Advisory C andssion: Registration of Invalid Residents City Manager Callinan explained that copies had been provided to Council of letter dated July 1, 1990 from John Chase, Chairman of Senior Citizens' Advisory Commission regarding the registration of invalids for the purpose of providing a list for the Public Safety Department to be able to check on same and provide assistance in the event of a catastrophe. Discussion followed during which City Manager Callinan confirmed that Public Safety Department has been working on this matter. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to include in the "Are You OK ?" program the registration of invalid residents and coordinate with emergency services personnel of the Public Safety Department. Iaw Cost Housing for Seniors City Manager Callinan explained that copies had been provided to Council of letter dated July 1, 1990 from John Chase, Chairman of Senior Citizens' Advisory Commission urging Council to consider approaching HCD relative to low cost housing for seniors. Discussion followed during which Council directed staff to check on monies available relative to low cost housing for seniors. Seniors should know that this is extremely Rohnert Park City Council Minutes (6) July 10, 1990 difficult due to the high cost of land and other very prohibitive factors. Consideration was given to support high density housing not only for seniors but for all people in need of low cost housing arrangements as well as financial assistance. Council concurred that a letter should be written to W. Chase indicating same. Wine Tourist Center City Manager Callinan explained that copies had been provided to Council of memorandum dated July 2, 1990 from Council Committee Members Spiro and Cochran regarding proposed Wine Tourist Center on Roberts Lake and shared the contents therein (copy attached to original set of these minutes) concluding in ad hoc committee's recommendation that the Council refer this matter to the Planning Commission for architectural and design recd mndations and that staff be directed to work out a recommendation for financing of the capital improvement project. Discussion followed during which details of the above referenced report were reviewed. Confirmation was given regarding the need for a General Plan amendment and Environmental Inpact Report for the proposed Wine Tourist Center. Bill Kirkpatrick, President of Rohnert Park Chamber of Commerce, 5550 Commerce Blvd., said the Cumber of Commerce has reviewed the above - mentioned recommendation and whole heartedly supports the proposed Wine Tourist Center. It would enhance existing businesses and attract new ones to the area. The Chamber of Commerce is willing to work with the City in any way to help promote this project. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved to endorse the Wine Tourist Center project in principle, refer this matter to the Planning Commission for architectural /design recorm-endations and public input, direct staff to work out recormnendations for the financing of capital improvements ai-i proceed with general Plan Amendment and Environmental Report (EIR) as needed. Proposed 1990 -91 Rudget Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of the proposed budget for the upcoming fiscal year, 1990 -91. He said it is largely the work product of Finance Director Mike Harrow and the department heads who always cooperate in realizing the limitations of the City. The first budget work session was previously scheduled by Council for next bbnday, July 16th at 4:00 p.m. Additional work sessions to review the budget may be considered prior to formal adoption. Council concurred. Rohnert Park City Council Minutes (7) July 10, 1990 So.Co.TYansportaticn Committee Councilman Eck gave a report on the results of the Sonoma County Transportation Committee meeting held on June 27th regarding the Sales Tax Initiative proposed for the November 1990 ballot. The major concern as previously expressed by Council is that the Transportation Committee should be going for the full cent rather than the 1/2 cent sales tax increase for the transportation expenditure plan as signified in copies of meeting information provided to Council. Discussion followed during which it was clarified that the Sonoma County Transportation Committee and the Sonoma County Transportation Authority are two separate bodies. Discussion continued on the 1 cent versus 1/2 cent proposal and the expenditure plan. Council concurred the need to have this item on the next Council meeting agenda due to the time element and directed staff to push for the full cent on the sales tax. General Plan Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of memo dated July 2, 1990 from Assistant to the City Manager Leivo regarding Cost of Preparing the General Plan as recently requested by Councilman Hopkins. The total estimated costs were $184,000 with approximately 50% being personnel expenses. 40% was due to contractual services of approximately $79,000 with the remaining balance of $8,400 being for miscellaneous printing, postage, etc. The City received reimbursement of $5,963 from the State for preparation of the Housing Element. In addition to the $184,000 to prepare the General Plan, the City also incurred approximately $89,000 associated with the defense in settlement of the Sierra Club lawsuit. Assistant to the City Manager Leivo responded to Council questions regarding above - referenced memo. City Manager Callinan said a copy of the Cost of Preparing the General Plan has been sent to LAFCO. Discussion followed during which Council directed staff to check with property owner of specified piece of property directly north of the golf course regarding possibilities of dedicating to City for beautification and to have it deeded in such a wQy for future protection. Reference was also made to the time table for the development of a committee for the homeless that was included in the General Plan with acknowledgment that consideration needs to be given to the County's involvement and existing programs on this issue. Rohnert Park City Council Minutes (8) July 10, 1990 Parks! "M', "R ", and Roberts Lake Park City Engineer Brust referenced maps on display and updated Council on the plans for "M' Park, "R" Park, and Roberts Lake Park and outlined the best alternatives for recreational amenities in each of the parks. Council's concurrence with the plans was requested along with authorization to proceed with construction plans for each of the parks. "N!' Park Discussion followed during Mich City Engineer responded to Council questions regarding specifics at "M' Park such as size, swimming pool, locker rooms, community building approximately the size of Burton Avenue, play area, picnic area, tennis complex showing 11 tennis courts with a building that would operate the tennis complex, soccer field area, and substantial parking areas surrounding the park. The Parks and Recreation Commission discussed looking at other areas to the north and south but decided not to recommend any changes to the plans without full Council in attendance. Concern was expressed regarding the location for easy access to tennis players and the ability to handle major traffic flow to which confirmation was given that Snyder Lane is a major artery and would meet these requirements. Council directed staff to investigate the possibilities of contracting out the operation of the proposed tennis complex similar to the golf course operations. A motion was made by Councilman Hopkins,seconded by Councilman Eck, and unanimously approved, to approve the design of "M' Park west of the tennis courts as submitted (staff to work out specific details with the architect) and refer to Parks and Recreation Commission to make recommendations on the design of area east of the tennis courts. Mark Hayman, 1318 Megan Place, said he represented approximately 500 families for the City's Little League Baseball and has been working closely with Recreation Director Pekkain. He proposed to put Little League Baseball in the center section of "M" Park. There are now 100 additional homes in "M' section and baseball little league space is being squeezed out. It is unsafe to play on open space with a hard ball so the regular size field with fence and possibly lights is needed. The growth rate has increased four to six times each year and it will be necessary to turn away sixty to seventy -five players this year. Council concurred Mr. Hayman should present this matter to the Parks and Recreation Commission to be included with recommendations for "M' Park. Rohnert Park City Council Minutes (9) July 10, 1990 "R" Park City Engineer Brost said "R" Park area is along East Cotati Avenue and Rasmussen Way with plans for a basketball court and tennis court side by side. As a small park, it cannot provide for a ball field or soccer field. 'There is adequate space for picnic areas, benches, and barbecues. Discussion followed during which Council questioned how mach of this park would be developed from capital outlay funds to which City Manager Calllinan responded most of it. City Engineer Brust confirmed that the Parks and Recreation Commission has agreed with the layout of "R" Park. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to approve the plans for "R" Park as presented by staff and authorize to proceed with construction plans for same. Roberts Lake Park City Engineer Brust said that efforts for Roberts Lake Park have been to provide irrigation for lawn and trees to dress up that area and tie in the area to the existing golf course. Discussion followed during which Council expressed concerns regarding the open walkway at the north end of the park because of the possibility of pedestrians getting hit by golf balls. Dave Nbchel, 4405 Hollingsworth Circle, asked if the City was giving away four acres of City owned property in this Roberts Lake area to the wine developers to which Council responded no. City Engineer pointed out the area between the lake shore and the parking lot to the south of the road. Confirmation was given that Council has directed this matter to the Planning Commission for review and recornnendations. Nt. Nbchel asked about plans to put chemicals in the lake to keep it clear and expressed concern about the affect on fish to which it was confirmed that any chemicals used in the lake has to be with Fish and Game approval. W. Nbchel also asked if additional parking has been designated for the Roberts Lake area to which Council responded the planned commuter parking lot would provide additional parking on the weekends. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to approve plans of Robert Lake Park as recommended by staff including irrigation of the lawns and trees, and to provide adequate fencing along the walkway. bbbile Hcm Rent Control Nktters City Attorney Flitner referenced copies provided to Council of his memorandum to the Rent Review Board regarding "Options available to City of Rohnert Park relative to possible resolution of the suit Sim vs The City of Rohnert Rohnert Park City Council Minutes (10) July 10, 1990 Park" and shared the contents therein (copy attached to original set of these minutes). He discussed the public hearing which was held on July 9th at the Rent Appeals Board meeting regarding the Nbbile Home Rent Control litigation options as outlined and referenced a letter from Chairman Kohler on the Rent Appeals Board recommendations which included: 1. Complete the damage phase of the trial 2. Appeal Judge Weinstein's decision. 3. Hire outside counsel to assist the City Attorney in this litigation. Discussion followed during which Council confirmed this has been one of the most difficult issues this Council has ever faced because of the potential risks and expense of damages. James M. Clark, 80 Walnut Circle, asked Council if it would help shoulder the burden for mobile home residents to pay the back rents to which suggestion was made by Council that the residents could also join in the battle by offering financial support in the event of damages incurred from an appeal process. City Attorney Flitner reviewed potential time table of appeal process through to the California Supreme Court possibly taking up to four or five years with damages compounding based on the continual breach of the "Green Book ". Discussion followed. John Mazurek, 159 Walnut Circle, said he knows this is a very difficult situation but have to face the facts that it is the Council's responsibility to fulfill the wishes of the people in Rohnert Park. In summary, Mr. Mazurek recommended the Council appeal the decision. Discussion followed during which Council pointed out the risks regarding the potential cost of damages and that other people in this community have a tremendous financial interest In this la::'S'.�it. If appeals are lost, V%10 1s going to pay the tag? There should be some kind of mechanism for the rest of the public to be informed. It would be a sign of good faith for the mobile home park residents to join in by having their attorneys participate in the lawsuit. Because of the pending litigation the Council mist be careful to restrict comments, but assured that the interests of the tenants of the mobile home parks are of utmost importance. Marian Case, 93 Walnut Circle, said she would suggest Council make decisions regarding appeal as soon as possible since Valley Village alone has had twenty people pass away just this year. If delays continue, she and a lot of others might not be here. Rohnert Park City Council Minutes (11) July 10, 1990 Tom Code, 31 Walnut Circle, said he is a veteran and there are a lot of veterans involved in this matter and that the money issue is more serious to some people than it is to others. David Rostov, 39 Walnut Circle, said there was a lot of people that voted for this ordinance. Don't you think they would come and listen to what's going on right now? What percentages are rentals and homeowners? Violet Moir, 411 Sonoma Lane, Las Casitas, said the residents are not risking anything. We all know we might be in for damages, but we also all know we don't have a way to pay such damages. George Horwedel, 7669 Camino Colegio, said yesterday's Rent Appeals Board meeting was the most impacted meeting he has ever seen. He said he wanted to find out about the Green Book. How many public meetings were held to institue it? Were meetings held in each trailer park? The meetings should be televised for the people to watch and newcomrs to be informed. Council should go back to the people and explain how the Green Book happened in the first place. Discussion followed during which Council acknowledged the Green Book has been an issue for a long time that involved a tremendous amount of debate. Suggestion was made that W. Horwedel should review past minutes for answers to his questions rather than throw fuel on the fire by presenting such questions at this time. The record will show that many hours and weeks were spent on this issue including time spent by Council at the mobile home parks. Further discussion followed during which Council asked if a list of the legal barriers could be provided to the people in order to reveal how complex the matter is at this point. Confirmation was given that this legal matter is in the muddle of a trial with court instructions restricting Council comments to the public and is now proceeding to the damage please of the trial. Hal Potter, 702 Corta Blanco, said if this information would have been provided to the mobile home park residents four days ago, they would not have been here tonight. City Attorney Flitner responded to questions from residents regarding any way to help or participate at this time. Council confirmed that this item regarding the Nbbile Home Rent Appeals Board lawsuit would be placed on the next Council meeting agenda for further discussion. Rohnert Park City Council Minutes (12) July 10, 1990 RD= Mayor Hollingsworth declared a recess at approximately 9:42 p.m. RDOCNVE E Mayor Hollingsworth reconvened the Council meeting at approximately 9:51 p.m. with all Council members present except Councilmembers Cochran and Spiro. CommLw.ications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilman Eck referenced copies of letter provided to Council received at the City offices today, July 10, 1990, from John D. Chase, Chairman of Senior Advisory Commission regarding consideration to approach the directors of Santa Rosa Memorial Hospital with the idea of a full time medical emergency department since the decision has been made not to have a complete hospital in Rohnert Park. Council concurred that staff should comninicate with Santa Rosa Memorial Hospital regarding this matter and advise Mr. Chase accordingly. City 's Report: Residential Tree Program Director of Administrative Services /Assistant to City Manager said copies had been provided to Council of updated report regarding the status of the residential tree planting program and shared the contents therein. AB 939 Director of Administrative Services /Assistant to City Manager Netter updated Council on AB 939 and the possibility of the cities joining together to hire a consultant for the Source Recovery and Recycling element of AB 939. Discussion followed. FYeeway Directional S grt� City Manager Cal 1 inan referenced previous Coi.nci1 discussions regarding the color of the freeway directional sign since the State has informed the City by conversation and citation that the deadline to tend to this matter is July 20th. City Attorney Flitner explained that communications about three months ago indicated that the State has a corner on the colors of blue and green. Council agreed that it would be a good idea to get in writing whatever color is approved by the State. City Attorney's Report Raja's Development Company City Attorney Flitner said the City instituted action against Raja's Development Company involving certain damages Rohnert Park City Council Minutes (13) July 10, 1990 sustained. As the appeal process proceeded it became apparent that, even though Raja developed the lots, he was not the party responsible for replacement of the damages since he had inherited the property. Repairs were eventually made by the City and the recommendation to Council is to officially write off the costs to repair the damages in an the amount of approximately $8,000. A motion was made by Councilman Hopkins, seconded by Councilman. Eck, and unanimously approved, to write off the amount of damages regarding the City's claim against Raja's Development Company. "Friendly City" Use of Te m City Attorney Flitner said he has received a request from a realtor in the City to use the term "Friendly City" for promotional purposes and wondered if the City has any copyright on that phrase. Council concurred there was no particular copyright on the term "Friendly City" and agreed there was no problem with the realtor using it for promotional purposes. l&tters from Council: Pooper Sc+oopers Councilman Hopkins said he noticed on recent walks that there is a need for people to be responsible for droppings from their dogs and suggested developing a "pooper scooper" law or check existing ordinances to see if there is something already established that could be enforced regarding this matter. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved for staff to review this matter and report back to Council with recommendations regarding requirements of pet owners to pick up droppings. Myors'& Comcilmembers Assn.General Meeting Mayor Hollingsworth said he would be out of town on business and would not be able to attend the Nhyors' & Councilmembers Association general meeting on July 12th at 6:30 p.m. at Orlando's Restaurant in Santa Rosa. Councilman Eck confirmed he would be able to attend and represent the Nhyor in his absence. League of Ca.Cities Redwood Empire Division Meeting Councilman Hopkins said the League of California Cities Redwood Empire Division meeting will be in Fort Bragg on August 18th, 1990. He is on the nominating committee and will have to meet with staff and write a letter to see if anyone is interested. He has made reservations to attend this meeting and requested Council to let him know if any Councilmember is interested. Rohnert Park City Council Minutes (14) July 10, 1990 Trees /Ccrwwroe Blvd. Councilman Eck said the Council corntiittee on trees has met and a meeting is scheduled with W. Boggs next wednesday. Lhscheduled Public ApQearances Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. George Horwedel, 7669 Camino Colegio, distributed copies to Council of letter dated July 10, 1990 from Harvey Bell, 700 Lindsay Avenue, voicing his support of a "Pooper Scooper" law in Rohnert Park. W. Horwedel also extended apologies to Council for his earlier comments in tonight's meeting regarding the rent control lawsuit matter. Admit Mayor Hollingswroth adjourned the meeting at approximately 10:09 p.m. to July 16th, 1990 at 4:00 p.m. for a budget work session. Depu Cit Cle Mayor M E M O R A N D U M d "( /fir %0"' �` TO: CITY COUNCIL OF ROHNERT PARR try ea. Counci!nian to FROM: LINDA SPIRO and CHARLIE COCHRAN to RE: Wine Tourist Center on Roberts Lake tc 'd DATE: July 2, 1990 Your ad hoc committee has met with City Manager Peter Callinan and Director of Business Services Joe Netter to discuss the Wine Tourist Center on Roberts Lake near Mountain Shadows Plaza. We were also able to meet and confer privately out of their presence. It is proposed that the Wine Tourist Center would be a designated community building owned by the City of Rohnert Park and developed by the City for use by the Sonoma County wineries to promote the wine industry in Sonoma County. The concept is that this building would be a designated "starting place" for tourists coming to Sonoma County. It would be the first of its kind in the United States and would feature Sonoma County wines. The facility would have a designated area for tasting, retail and bulk sales and could even include areas for conference facilities and other social gatherings. The facility was architecturally principal in the architectural firm adjoining plaza area. Most of t architects, structural engineer substantially reduced their fees as of this building. designed by John Nance, a that designed the Red Lion and :he contractors including the and site engineer have a donation for the development Your ad hoc committee finds that this facility would cost approximately 1.5 million dollars to build since the City already owns the land. This is a small price for most capital improvement projects in a city of our size. Staff has indicated that there are several methods of financing this project which the City Council should determine in a meeting with the whole council which include partial redevelopment dollars, a loan from a special fund which can be repaid through Transit Occupancy Tax revenues generated or expenditure of general fund reserve money. The exact financing method has not yet been determined but it is clear to your ad hoc committee that this facility would generate substantial money to the City of Rohnert Park in Transit Occupancy Tax revenues. Your ad hoc committee is excited about the facility and generally approves of the concept of the wine tasting center but does x� suggest: (1) a reasonable ren be charged the• for GL use of this facility; and (2) a riple net lease be with (3) Due consideration be given to guarantee that the retail price of wine sold at the facility does not undercut the price of wine sold by local merchants in the Rohnert Park community. In exchange for the foregoing recommendations, the City will be given access to the facility for designated City functions and approve the fee schedule for use by the public for rental of the facility. Naturally, the user of the facility would be required to show proof of liability insurance in an amount sufficient to protect the City as a condition of the lease. The ad hoc committee recommends that the City Council refer this matter to the Planning Commission for architectural and design recommendations and that staff be directed to work out a recommendation for financing of the capital improvement project. We recommend the City Council endorse this project in principle. LINDA_- 4PIRO, C L 7Cil CUARLIE COCHRAN, City Council Member To: Rent Review Board Re: Options available to City of Rohnert Park relative to possible resolution of the suit Sime v The City of 82hn rt Pa ti. As the Rent Review Board may know the City Council directed the staff to explore alternatives available to the City Council to resolve, if possible, the litigation, Sims v the City it $2hn - ark. This is the suit in which the mobilehome park owners contended that the City had violated the Green Book which the City Council approved in April, 1985 as a means of addressing rent review in the City. The Green Book provided that the City would not consider a rent control ordinance for the term of the Green Book if the mobilehome park owners honored the Green Book. In 1987 the electorate adopted Ordinance No. 494 by the initiative process. The City was faced with the choice of following the wishes of the electorate and ignoring the Green Book and responding to whatever actions the mobilehome park owners might take or in implementing the Green Book and ignoring the vote of the people. After considerable thought, review and consideration the City implemented Ordinance No. 494. The implementation of Ordinance No. 494 resulted in a suit by the mobilehome park owners against the City for breach of contract, impairment of contractual obligations, promissory estoppel, lack of jurisdiction because of conflict with the state general law, declaratory relief for denial of a rent increase and determination of base rents. The City cross - complained for declaratory relief and contended that ordinance No. 494 overrode the Green Book and asked the court to affirm that determination. The City also asked that the court determine. 1. The landlords request for a third year CPI (10/84 to 10/85) be denied. 1 2. That the Rules and Regulations as adopted by the Rent Review Board be found to be legal, valid and binding. 3. That the rental roll back to December 1, 1985 be determined to be constitutional. 4. That Board determinations regarding base rent, pass throughs and other rulings interpreting Ordinance No. 494 be validated. 5. That rental increases be limited to one per year. 6. That pass throughs not be allowed on long term leases unless the lease expressly allows. 7. That a change from family parks to adult parks constitutes a reduction of service. 8. That the annual registration fee for all spaces and the fee for filing petitions with the Board be validated. 9. That the Board determination that Ordinance No. 494 was a "space control" Ordinance instead of an ordinance which controlled the tenancy only, be validated. The matter was tried on the issue of whether the City had breached the Green Book. The court ruled that the City had breached the Green Book and the park owners were entitled to damages. The court did not rule Ordinance No. 494 to be invalid. The attorneys for the mobilehome park owners have calculated damages consisting of their concept of lost rental income, losses in increased rental because of vacancy control to be approximately $975,000.00 to date plus attorney's fees of approximately $160,000. In addition the mobilehome park owners believe that the ruling in the case of Ball v Santa Ba ara will eventually result in the invalidation of the Boards interpretation that Ordinance No. 494 allows the control of spaces when a space becomes vacant. In other words the park owners believe that the court will allow vacancy decontrol when Ordinance No. 494 is challenged and they have indicated they will file Hall type lawsuits at some future time so that the issue will be decided by 1995. 2 Under section 3 G of Ordinance No. 494 of the Rent Review Board can adopt "... general rent levels of maximum rent ceilings, or any decision decontrolling or reimposing rent stabilization of any category or classification of rental units." Under Section 3 F the Board "...is empowered to settle civil claims under Section 11..." of Ordinance No. 494. Section 11 of Ordinance No. 494 addresses matters in which landlords demand rent in excess of the maximum lawful rent. In summary, Ordinance No. 494 appears to authorize the Board to review rent levels and take action in response to rentals charged in mobilehome parks with regard the controlling or decontrolling of rents charged to tenants. If the Board reviews rent levels it must do so at a public hearing (Section 3 G of Ordinance No. 494). Alternatives These alternatives appear available to the Board in addressing the litigation and the court's ruling. 1. Proceed with the case and consider an appeal at the conclusion of the trial. If this action is chosen the damage phase of the trial would proceed. Once the damage phase is concluded and Judgment is entered the prospects of an appeal would be considered. Obviously one of the dangers in such a course of action would be that if the appeal were lost the implementation of the Ordinance 494 would increase the damages. 2. Another alternative would be to follow the court's ruling and reimplement the Green Book. This would result in lessening the damages to the mobilehome park owners since the city would be following the court order. If this alternative is selected the position of the tenant is unknown at this time. 3. Another alternative would be to suspend Ordinance No. 494 as to rents for the term of the Green Book. As indicated the Board has some authority under Section 3 G to decontrol rents. In view of the court's ruling this would appear to be a prudent alternative to consider. So that the will of the electorate can be heard it would also be prudent for the city to consider placing a referendum measure on the ballot to suspend any rent control action under Ordinance No. 494 until the Green Book expires and implement the terms of the Green Book until April 1995. If this alternative were selected and upheld then the city would have stopped any claim to future damages since it would be following the Green Book. Ordinance No. 494 would not be repealed but would be suspended until 1995 when the Green Book expired. This alternative also has the feature of retaining some form of vacancy decontrol until 1995 since the Green Book allows a 10$ increase in space rent when a space is vacated. In addition, the City would be following the court's order and, as stated, further damages would be minimized if not eliminated. This alternative allows all of the electorate of the City to make an informed decision based on information that was not available when the litigation was commenced. R p tful i su:rdZj , n 1tner C y Attorney 4 Rohnert Park City Council Minutes July 10, 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. CALL TO CPJ)M Mayor Hollingsworth called the regular session to order at approximately 7:35 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation and personnel matters. ROLL CALL Present: ( 3 ) Counci lmembers Eck, Hopkins and Mayor Hollingsworth Absent: (1) Councilmembers Cochran and Spiro Staff present for all or part of the meeting: City NHnager Callinan, City Attorney Flitner, Director of Administrative Services /Assistant to the City Manager Netter, City Engineer Brust, Assistant to the City Manager Leivo. Approval of Mimites Upon motion by Councilman Hopkins, seconded by Councilman Eck, the minutes of June 25 and 26, 1990 were unanimously approved. Approval of Bills Upon motion by Councilman Cochran, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $1,036,351.20 were approved. CDA bills presented per the attached list in the amount of $79,276.15 were approved. Non- agendaed Items Mayor Hollingsworth queried if any Councilmember had any non- agendaed items to add to the agenda. Councilman Eck said he had one miscellaneous item to add under communications. Lhscheduled Public Mayor Hollingsworth stated that in compliance with Appearances State Law (The Brown Act), anyone in the audience who wished to make a comment may do so at this time. No one responded. Rohnert Park City Council Minutes (2) July 10, 1990 C O N S E N T C A L E N D A R Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar. Acknowledging the City Mhnager /Clerk's report on the posting of the agenda. Resolution No. 90 -141 A RESOLUTION OF THE COLUCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF CYNTHIA L. HALLETT (c /o Robert Huntington, Esq.) Resolution No. 90 -142 A RESOLUTION ACCEPTING TWO (2) GRANT DEEDS (for right of way & landscape parcel along E. Cotati Avenue) Resolution No. 90 -143 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION - EVERGREEN SCHOOL LANDSCAPING PROJECT NO. 1989 -3 Resolution No. 90 -144 APPROVING A LEASE AGREEMENT WITH A.T.A. TAEKWONDO FITNESS CENTER FOR USE OF ACTIVITY ROOM AT SPORTS CENTER Resolution No. 90 -145 A RESOLUTION APPROVING JOB DESCRIPTIONS AND SETTING CERTAIN PAY RATES AND RANGES FOR ANIMAL HEALTH TECHNICIAN AND ANIMAL, SHELTER ASSISTANT Resolution No. 90 -146 A RESOLUTION APPROVING CERTAIN PAY RATE AND RANGE FOR THE POSITION OF DEVELOPMENT DIRECTOR OF THE PERFORMING ARTS CENTER Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Resolution No. 30-147 A RESOLUTION OF AWARD OF CONTRACT REDWOOD DRIVE NORTH WIDENING & E. COTATI AVE. ISLANDS PROJECT NO. 1986 -18 Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -147 was adopted. Rohnert Park City Council Minutes (3) July 10, 1990 Resolution No. 90-148 A RESOLUTION ALTrHORIZING THE NAMING OF THE BLACK BOX THEATRE AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER THE "BETTE CONDIOTTI EXPERIMEurAL THEATRE" Director of Administrative Service /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -148 was adopted. Resolution 90-149 A RESOLUTION AL)THORIZING THE NAMING OF THE GREEN ROCM AT THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER THE "MILLIE Director of Administrative Services /Assistant to City Manager Netter explained the resolution. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, Resolution No. 90 -149 was adopted. _?:T no TV Un., 1FOMN Improved TV Cammittee- Roberto Piccioni, 209 Enterprise Drive, shared contents of copies provided to Council of letter dated June 29, 1990 from Dennis Jilka of the Committee for Improved Television, suggested resolution, and copy of letter from the City of Cotati dated June 19, 1990 to MultiVision Cable TV requesting the addition of KSTF, Channel 26, to local television programming. Channel 26 is a UHF commercial television station that specializes in providing programming in various non - English languages such as Japanese, Korean, Chinese, Vietnamese, Italian and Greek. He also presented to Council a petition with over 800 signatures which included 400 Rohnert Park citizens requesting same. Giuseppe DiPiazza, 1387 Mattice Lane, said he moved here over a year ago from Italy and felt Channel 26 would provide an opportunity for his daughter to learn Italian and be a benefit to his Italian speaking wife. He expressed frustration with any efforts to communicate by phone or in person with representatives of the local cable television conpany regarding requests to add Channel 26 to the local programming. Miyuko Gergel, 700 Bret Avenue, said she has lived here about 21 years. Many have tried to get a Japanese station in the area and have been told that the number of people interested is not sufficient to justify such programming. She referenced the petition provided to Council and thought the number of signatures merited attention to the matter. Rohnert Park City Council Minutes (4) July 10, 1990 Roberto Piccioni referenced the upcoming franchise renewal contract negotiations with the cable TV company and said the reason for seeking Council's support tonight was because of the lack of response from MultiVision regarding this request. Discussion followed during which Council clarified that to date no agreement has been made or terms set regarding the franchise renewal contract with the cable TV company. Confirmation was given that programming regulations have been removed from local government control. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved, to write a letter to MaltiVision Cable TV Corp. supporting the request to ad3 Channel 26 to cable television programming. Transition Hone for Dawna Gallagher, 7342 Rasn ssen Way, explained that copies Women with Children had been provided to Council of proposal submitted by Sonoma County Christian Network and Sonoma County Housing Services regarding the purchase of a Rohnert Park transition home for women with children and shared the contents therein. The report also included the need to develop a non - profit Homeless Task Force to oversee and regulate this project, projected monthly budget, and statistics on the area's hornless for the year 1988 -89. She said this home fits the description for use of Community Development Agency (CDA) funds, other grant coney has also been requested, and it would meet the criteria to assist the homeless as specified in the General Plan Housing Element. This transition home would be a pilot project as there appears to be a need for ten or twelve such homes and, therefore, urged Council to vote for the project as outlined. Discussion followed during which the above - referenced statistics were questioned, need for live in House Manager was reviewed, and confirmation that the projected budget was drawn from other such homes in the surrounding area. Comments were made regarding the precautions that need to be taken regarding duplication of County provided services, the need for neighbors of the transition home location to participate in the decision versus the privacy need of those using the facility, and other fragmented factors. A motion was made by Councilmen Hopkins to direct staff to review the matter regarding the purchase of a Rohnert Park transition home, seconded by Councilman Eck with amendments for reservations to see how the program works, include the need for full participation of the neighbors, and consideration to interface other commitments from various County and other agencies to ensure no duplication of services. Said motion was unanimously approved. Rohnert Park City Council Minutes (5) July 10, 1990 Council concurred that Dawna Gallagher should comnmicate directly with staff to set up a meeting to review this matter further. RP Cultural Arts Corporation/Goals Nancy Seymour, President of Rohnert Park Cultural Arts Corporation, 7831 Beverly Drive, explained that Council had been provided with copies of her letter dated June 10, 1990 regarding an outline of goals for the Cultural Arts Corporation and shared the contents therein. She said the remaining board members have a good rapport and concluded at the last meeting that the Cultural Arts Corporation should continue within the framework in which it was originally established. Discussion followed during which it was confirmed that Council concurred at its previous June 12th meeting that the Cultural Arts Commission should prepare and present its goals to Council. It was acknowledged that the Cultural Arts Commission may be involved in the discussion of the design of parks when requested to do so by the City Council, but normally this is an assignment of the Parks and Recreation Commission. Senior Citizens Advisory C andssion: Registration of Invalid Residents City Manager Callinan explained that copies had been provided to Council of letter dated July 1, 1990 from John Chase, Chairman of Senior Citizens' Advisory Commission regarding the registration of invalids for the purpose of providing a list for the Public Safety Department to be able to check on same and provide assistance in the event of a catastrophe. Discussion followed during which City Manager Callinan confirmed that Public Safety Department has been working on this matter. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to include in the "Are You OK ?" program the registration of invalid residents and coordinate with emergency services personnel of the Public Safety Department. Iaw Cost Housing for Seniors City Manager Callinan explained that copies had been provided to Council of letter dated July 1, 1990 from John Chase, Chairman of Senior Citizens' Advisory Commission urging Council to consider approaching HCD relative to low cost housing for seniors. Discussion followed during which Council directed staff to check on monies available relative to low cost housing for seniors. Seniors should know that this is extremely Rohnert Park City Council Minutes (6) July 10, 1990 difficult due to the high cost of land and other very prohibitive factors. Consideration was given to support high density housing not only for seniors but for all people in need of low cost housing arrangements as well as financial assistance. Council concurred that a letter should be written to W. Chase indicating same. Wine Tourist Center City Manager Callinan explained that copies had been provided to Council of memorandum dated July 2, 1990 from Council Committee Members Spiro and Cochran regarding proposed Wine Tourist Center on Roberts Lake and shared the contents therein (copy attached to original set of these minutes) concluding in ad hoc committee's recommendation that the Council refer this matter to the Planning Commission for architectural and design recd mndations and that staff be directed to work out a recommendation for financing of the capital improvement project. Discussion followed during which details of the above referenced report were reviewed. Confirmation was given regarding the need for a General Plan amendment and Environmental Inpact Report for the proposed Wine Tourist Center. Bill Kirkpatrick, President of Rohnert Park Chamber of Commerce, 5550 Commerce Blvd., said the Cumber of Commerce has reviewed the above - mentioned recommendation and whole heartedly supports the proposed Wine Tourist Center. It would enhance existing businesses and attract new ones to the area. The Chamber of Commerce is willing to work with the City in any way to help promote this project. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved to endorse the Wine Tourist Center project in principle, refer this matter to the Planning Commission for architectural /design recorm-endations and public input, direct staff to work out recormnendations for the financing of capital improvements ai-i proceed with general Plan Amendment and Environmental Report (EIR) as needed. Proposed 1990 -91 Rudget Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of the proposed budget for the upcoming fiscal year, 1990 -91. He said it is largely the work product of Finance Director Mike Harrow and the department heads who always cooperate in realizing the limitations of the City. The first budget work session was previously scheduled by Council for next bbnday, July 16th at 4:00 p.m. Additional work sessions to review the budget may be considered prior to formal adoption. Council concurred. Rohnert Park City Council Minutes (7) July 10, 1990 So.Co.TYansportaticn Committee Councilman Eck gave a report on the results of the Sonoma County Transportation Committee meeting held on June 27th regarding the Sales Tax Initiative proposed for the November 1990 ballot. The major concern as previously expressed by Council is that the Transportation Committee should be going for the full cent rather than the 1/2 cent sales tax increase for the transportation expenditure plan as signified in copies of meeting information provided to Council. Discussion followed during which it was clarified that the Sonoma County Transportation Committee and the Sonoma County Transportation Authority are two separate bodies. Discussion continued on the 1 cent versus 1/2 cent proposal and the expenditure plan. Council concurred the need to have this item on the next Council meeting agenda due to the time element and directed staff to push for the full cent on the sales tax. General Plan Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of memo dated July 2, 1990 from Assistant to the City Manager Leivo regarding Cost of Preparing the General Plan as recently requested by Councilman Hopkins. The total estimated costs were $184,000 with approximately 50% being personnel expenses. 40% was due to contractual services of approximately $79,000 with the remaining balance of $8,400 being for miscellaneous printing, postage, etc. The City received reimbursement of $5,963 from the State for preparation of the Housing Element. In addition to the $184,000 to prepare the General Plan, the City also incurred approximately $89,000 associated with the defense in settlement of the Sierra Club lawsuit. Assistant to the City Manager Leivo responded to Council questions regarding above - referenced memo. City Manager Callinan said a copy of the Cost of Preparing the General Plan has been sent to LAFCO. Discussion followed during which Council directed staff to check with property owner of specified piece of property directly north of the golf course regarding possibilities of dedicating to City for beautification and to have it deeded in such a wQy for future protection. Reference was also made to the time table for the development of a committee for the homeless that was included in the General Plan with acknowledgment that consideration needs to be given to the County's involvement and existing programs on this issue. Rohnert Park City Council Minutes (8) July 10, 1990 Parks! "M', "R ", and Roberts Lake Park City Engineer Brust referenced maps on display and updated Council on the plans for "M' Park, "R" Park, and Roberts Lake Park and outlined the best alternatives for recreational amenities in each of the parks. Council's concurrence with the plans was requested along with authorization to proceed with construction plans for each of the parks. "N!' Park Discussion followed during Mich City Engineer responded to Council questions regarding specifics at "M' Park such as size, swimming pool, locker rooms, community building approximately the size of Burton Avenue, play area, picnic area, tennis complex showing 11 tennis courts with a building that would operate the tennis complex, soccer field area, and substantial parking areas surrounding the park. The Parks and Recreation Commission discussed looking at other areas to the north and south but decided not to recommend any changes to the plans without full Council in attendance. Concern was expressed regarding the location for easy access to tennis players and the ability to handle major traffic flow to which confirmation was given that Snyder Lane is a major artery and would meet these requirements. Council directed staff to investigate the possibilities of contracting out the operation of the proposed tennis complex similar to the golf course operations. A motion was made by Councilman Hopkins,seconded by Councilman Eck, and unanimously approved, to approve the design of "M' Park west of the tennis courts as submitted (staff to work out specific details with the architect) and refer to Parks and Recreation Commission to make recommendations on the design of area east of the tennis courts. Mark Hayman, 1318 Megan Place, said he represented approximately 500 families for the City's Little League Baseball and has been working closely with Recreation Director Pekkain. He proposed to put Little League Baseball in the center section of "M" Park. There are now 100 additional homes in "M' section and baseball little league space is being squeezed out. It is unsafe to play on open space with a hard ball so the regular size field with fence and possibly lights is needed. The growth rate has increased four to six times each year and it will be necessary to turn away sixty to seventy -five players this year. Council concurred Mr. Hayman should present this matter to the Parks and Recreation Commission to be included with recommendations for "M' Park. Rohnert Park City Council Minutes (9) July 10, 1990 "R" Park City Engineer Brost said "R" Park area is along East Cotati Avenue and Rasmussen Way with plans for a basketball court and tennis court side by side. As a small park, it cannot provide for a ball field or soccer field. 'There is adequate space for picnic areas, benches, and barbecues. Discussion followed during which Council questioned how mach of this park would be developed from capital outlay funds to which City Manager Calllinan responded most of it. City Engineer Brust confirmed that the Parks and Recreation Commission has agreed with the layout of "R" Park. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to approve the plans for "R" Park as presented by staff and authorize to proceed with construction plans for same. Roberts Lake Park City Engineer Brust said that efforts for Roberts Lake Park have been to provide irrigation for lawn and trees to dress up that area and tie in the area to the existing golf course. Discussion followed during which Council expressed concerns regarding the open walkway at the north end of the park because of the possibility of pedestrians getting hit by golf balls. Dave Nbchel, 4405 Hollingsworth Circle, asked if the City was giving away four acres of City owned property in this Roberts Lake area to the wine developers to which Council responded no. City Engineer pointed out the area between the lake shore and the parking lot to the south of the road. Confirmation was given that Council has directed this matter to the Planning Commission for review and recornnendations. Nt. Nbchel asked about plans to put chemicals in the lake to keep it clear and expressed concern about the affect on fish to which it was confirmed that any chemicals used in the lake has to be with Fish and Game approval. W. Nbchel also asked if additional parking has been designated for the Roberts Lake area to which Council responded the planned commuter parking lot would provide additional parking on the weekends. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, to approve plans of Robert Lake Park as recommended by staff including irrigation of the lawns and trees, and to provide adequate fencing along the walkway. bbbile Hcm Rent Control Nktters City Attorney Flitner referenced copies provided to Council of his memorandum to the Rent Review Board regarding "Options available to City of Rohnert Park relative to possible resolution of the suit Sim vs The City of Rohnert Rohnert Park City Council Minutes (10) July 10, 1990 Park" and shared the contents therein (copy attached to original set of these minutes). He discussed the public hearing which was held on July 9th at the Rent Appeals Board meeting regarding the Nbbile Home Rent Control litigation options as outlined and referenced a letter from Chairman Kohler on the Rent Appeals Board recommendations which included: 1. Complete the damage phase of the trial 2. Appeal Judge Weinstein's decision. 3. Hire outside counsel to assist the City Attorney in this litigation. Discussion followed during which Council confirmed this has been one of the most difficult issues this Council has ever faced because of the potential risks and expense of damages. James M. Clark, 80 Walnut Circle, asked Council if it would help shoulder the burden for mobile home residents to pay the back rents to which suggestion was made by Council that the residents could also join in the battle by offering financial support in the event of damages incurred from an appeal process. City Attorney Flitner reviewed potential time table of appeal process through to the California Supreme Court possibly taking up to four or five years with damages compounding based on the continual breach of the "Green Book ". Discussion followed. John Mazurek, 159 Walnut Circle, said he knows this is a very difficult situation but have to face the facts that it is the Council's responsibility to fulfill the wishes of the people in Rohnert Park. In summary, Mr. Mazurek recommended the Council appeal the decision. Discussion followed during which Council pointed out the risks regarding the potential cost of damages and that other people in this community have a tremendous financial interest In this la::'S'.�it. If appeals are lost, V%10 1s going to pay the tag? There should be some kind of mechanism for the rest of the public to be informed. It would be a sign of good faith for the mobile home park residents to join in by having their attorneys participate in the lawsuit. Because of the pending litigation the Council mist be careful to restrict comments, but assured that the interests of the tenants of the mobile home parks are of utmost importance. Marian Case, 93 Walnut Circle, said she would suggest Council make decisions regarding appeal as soon as possible since Valley Village alone has had twenty people pass away just this year. If delays continue, she and a lot of others might not be here. Rohnert Park City Council Minutes (11) July 10, 1990 Tom Code, 31 Walnut Circle, said he is a veteran and there are a lot of veterans involved in this matter and that the money issue is more serious to some people than it is to others. David Rostov, 39 Walnut Circle, said there was a lot of people that voted for this ordinance. Don't you think they would come and listen to what's going on right now? What percentages are rentals and homeowners? Violet Moir, 411 Sonoma Lane, Las Casitas, said the residents are not risking anything. We all know we might be in for damages, but we also all know we don't have a way to pay such damages. George Horwedel, 7669 Camino Colegio, said yesterday's Rent Appeals Board meeting was the most impacted meeting he has ever seen. He said he wanted to find out about the Green Book. How many public meetings were held to institue it? Were meetings held in each trailer park? The meetings should be televised for the people to watch and newcomrs to be informed. Council should go back to the people and explain how the Green Book happened in the first place. Discussion followed during which Council acknowledged the Green Book has been an issue for a long time that involved a tremendous amount of debate. Suggestion was made that W. Horwedel should review past minutes for answers to his questions rather than throw fuel on the fire by presenting such questions at this time. The record will show that many hours and weeks were spent on this issue including time spent by Council at the mobile home parks. Further discussion followed during which Council asked if a list of the legal barriers could be provided to the people in order to reveal how complex the matter is at this point. Confirmation was given that this legal matter is in the muddle of a trial with court instructions restricting Council comments to the public and is now proceeding to the damage please of the trial. Hal Potter, 702 Corta Blanco, said if this information would have been provided to the mobile home park residents four days ago, they would not have been here tonight. City Attorney Flitner responded to questions from residents regarding any way to help or participate at this time. Council confirmed that this item regarding the Nbbile Home Rent Appeals Board lawsuit would be placed on the next Council meeting agenda for further discussion. Rohnert Park City Council Minutes (12) July 10, 1990 RD= Mayor Hollingsworth declared a recess at approximately 9:42 p.m. RDOCNVE E Mayor Hollingsworth reconvened the Council meeting at approximately 9:51 p.m. with all Council members present except Councilmembers Cochran and Spiro. CommLw.ications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Councilman Eck referenced copies of letter provided to Council received at the City offices today, July 10, 1990, from John D. Chase, Chairman of Senior Advisory Commission regarding consideration to approach the directors of Santa Rosa Memorial Hospital with the idea of a full time medical emergency department since the decision has been made not to have a complete hospital in Rohnert Park. Council concurred that staff should comninicate with Santa Rosa Memorial Hospital regarding this matter and advise Mr. Chase accordingly. City 's Report: Residential Tree Program Director of Administrative Services /Assistant to City Manager said copies had been provided to Council of updated report regarding the status of the residential tree planting program and shared the contents therein. AB 939 Director of Administrative Services /Assistant to City Manager Netter updated Council on AB 939 and the possibility of the cities joining together to hire a consultant for the Source Recovery and Recycling element of AB 939. Discussion followed. FYeeway Directional S grt� City Manager Cal 1 inan referenced previous Coi.nci1 discussions regarding the color of the freeway directional sign since the State has informed the City by conversation and citation that the deadline to tend to this matter is July 20th. City Attorney Flitner explained that communications about three months ago indicated that the State has a corner on the colors of blue and green. Council agreed that it would be a good idea to get in writing whatever color is approved by the State. City Attorney's Report Raja's Development Company City Attorney Flitner said the City instituted action against Raja's Development Company involving certain damages Rohnert Park City Council Minutes (13) July 10, 1990 sustained. As the appeal process proceeded it became apparent that, even though Raja developed the lots, he was not the party responsible for replacement of the damages since he had inherited the property. Repairs were eventually made by the City and the recommendation to Council is to officially write off the costs to repair the damages in an the amount of approximately $8,000. A motion was made by Councilman Hopkins, seconded by Councilman. Eck, and unanimously approved, to write off the amount of damages regarding the City's claim against Raja's Development Company. "Friendly City" Use of Te m City Attorney Flitner said he has received a request from a realtor in the City to use the term "Friendly City" for promotional purposes and wondered if the City has any copyright on that phrase. Council concurred there was no particular copyright on the term "Friendly City" and agreed there was no problem with the realtor using it for promotional purposes. l&tters from Council: Pooper Sc+oopers Councilman Hopkins said he noticed on recent walks that there is a need for people to be responsible for droppings from their dogs and suggested developing a "pooper scooper" law or check existing ordinances to see if there is something already established that could be enforced regarding this matter. Discussion followed. A motion was made by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved for staff to review this matter and report back to Council with recommendations regarding requirements of pet owners to pick up droppings. Myors'& Comcilmembers Assn.General Meeting Mayor Hollingsworth said he would be out of town on business and would not be able to attend the Nhyors' & Councilmembers Association general meeting on July 12th at 6:30 p.m. at Orlando's Restaurant in Santa Rosa. Councilman Eck confirmed he would be able to attend and represent the Nhyor in his absence. League of Ca.Cities Redwood Empire Division Meeting Councilman Hopkins said the League of California Cities Redwood Empire Division meeting will be in Fort Bragg on August 18th, 1990. He is on the nominating committee and will have to meet with staff and write a letter to see if anyone is interested. He has made reservations to attend this meeting and requested Council to let him know if any Councilmember is interested. Rohnert Park City Council Minutes (14) July 10, 1990 Trees /Ccrwwroe Blvd. Councilman Eck said the Council corntiittee on trees has met and a meeting is scheduled with W. Boggs next wednesday. Lhscheduled Public ApQearances Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. George Horwedel, 7669 Camino Colegio, distributed copies to Council of letter dated July 10, 1990 from Harvey Bell, 700 Lindsay Avenue, voicing his support of a "Pooper Scooper" law in Rohnert Park. W. Horwedel also extended apologies to Council for his earlier comments in tonight's meeting regarding the rent control lawsuit matter. Admit Mayor Hollingswroth adjourned the meeting at approximately 10:09 p.m. to July 16th, 1990 at 4:00 p.m. for a budget work session. Depu Cit Cle Mayor M E M O R A N D U M d "( /fir %0"' �` TO: CITY COUNCIL OF ROHNERT PARR try ea. Counci!nian to FROM: LINDA SPIRO and CHARLIE COCHRAN to RE: Wine Tourist Center on Roberts Lake tc 'd DATE: July 2, 1990 Your ad hoc committee has met with City Manager Peter Callinan and Director of Business Services Joe Netter to discuss the Wine Tourist Center on Roberts Lake near Mountain Shadows Plaza. We were also able to meet and confer privately out of their presence. It is proposed that the Wine Tourist Center would be a designated community building owned by the City of Rohnert Park and developed by the City for use by the Sonoma County wineries to promote the wine industry in Sonoma County. The concept is that this building would be a designated "starting place" for tourists coming to Sonoma County. It would be the first of its kind in the United States and would feature Sonoma County wines. The facility would have a designated area for tasting, retail and bulk sales and could even include areas for conference facilities and other social gatherings. The facility was architecturally principal in the architectural firm adjoining plaza area. Most of t architects, structural engineer substantially reduced their fees as of this building. designed by John Nance, a that designed the Red Lion and :he contractors including the and site engineer have a donation for the development Your ad hoc committee finds that this facility would cost approximately 1.5 million dollars to build since the City already owns the land. This is a small price for most capital improvement projects in a city of our size. Staff has indicated that there are several methods of financing this project which the City Council should determine in a meeting with the whole council which include partial redevelopment dollars, a loan from a special fund which can be repaid through Transit Occupancy Tax revenues generated or expenditure of general fund reserve money. The exact financing method has not yet been determined but it is clear to your ad hoc committee that this facility would generate substantial money to the City of Rohnert Park in Transit Occupancy Tax revenues. Your ad hoc committee is excited about the facility and generally approves of the concept of the wine tasting center but does x� suggest: (1) a reasonable ren be charged the• for GL use of this facility; and (2) a riple net lease be with (3) Due consideration be given to guarantee that the retail price of wine sold at the facility does not undercut the price of wine sold by local merchants in the Rohnert Park community. In exchange for the foregoing recommendations, the City will be given access to the facility for designated City functions and approve the fee schedule for use by the public for rental of the facility. Naturally, the user of the facility would be required to show proof of liability insurance in an amount sufficient to protect the City as a condition of the lease. The ad hoc committee recommends that the City Council refer this matter to the Planning Commission for architectural and design recommendations and that staff be directed to work out a recommendation for financing of the capital improvement project. We recommend the City Council endorse this project in principle. LINDA_- 4PIRO, C L 7Cil CUARLIE COCHRAN, City Council Member To: Rent Review Board Re: Options available to City of Rohnert Park relative to possible resolution of the suit Sime v The City of 82hn rt Pa ti. As the Rent Review Board may know the City Council directed the staff to explore alternatives available to the City Council to resolve, if possible, the litigation, Sims v the City it $2hn - ark. This is the suit in which the mobilehome park owners contended that the City had violated the Green Book which the City Council approved in April, 1985 as a means of addressing rent review in the City. The Green Book provided that the City would not consider a rent control ordinance for the term of the Green Book if the mobilehome park owners honored the Green Book. In 1987 the electorate adopted Ordinance No. 494 by the initiative process. The City was faced with the choice of following the wishes of the electorate and ignoring the Green Book and responding to whatever actions the mobilehome park owners might take or in implementing the Green Book and ignoring the vote of the people. After considerable thought, review and consideration the City implemented Ordinance No. 494. The implementation of Ordinance No. 494 resulted in a suit by the mobilehome park owners against the City for breach of contract, impairment of contractual obligations, promissory estoppel, lack of jurisdiction because of conflict with the state general law, declaratory relief for denial of a rent increase and determination of base rents. The City cross - complained for declaratory relief and contended that ordinance No. 494 overrode the Green Book and asked the court to affirm that determination. The City also asked that the court determine. 1. The landlords request for a third year CPI (10/84 to 10/85) be denied. 1 2. That the Rules and Regulations as adopted by the Rent Review Board be found to be legal, valid and binding. 3. That the rental roll back to December 1, 1985 be determined to be constitutional. 4. That Board determinations regarding base rent, pass throughs and other rulings interpreting Ordinance No. 494 be validated. 5. That rental increases be limited to one per year. 6. That pass throughs not be allowed on long term leases unless the lease expressly allows. 7. That a change from family parks to adult parks constitutes a reduction of service. 8. That the annual registration fee for all spaces and the fee for filing petitions with the Board be validated. 9. That the Board determination that Ordinance No. 494 was a "space control" Ordinance instead of an ordinance which controlled the tenancy only, be validated. The matter was tried on the issue of whether the City had breached the Green Book. The court ruled that the City had breached the Green Book and the park owners were entitled to damages. The court did not rule Ordinance No. 494 to be invalid. The attorneys for the mobilehome park owners have calculated damages consisting of their concept of lost rental income, losses in increased rental because of vacancy control to be approximately $975,000.00 to date plus attorney's fees of approximately $160,000. In addition the mobilehome park owners believe that the ruling in the case of Ball v Santa Ba ara will eventually result in the invalidation of the Boards interpretation that Ordinance No. 494 allows the control of spaces when a space becomes vacant. In other words the park owners believe that the court will allow vacancy decontrol when Ordinance No. 494 is challenged and they have indicated they will file Hall type lawsuits at some future time so that the issue will be decided by 1995. 2 Under section 3 G of Ordinance No. 494 of the Rent Review Board can adopt "... general rent levels of maximum rent ceilings, or any decision decontrolling or reimposing rent stabilization of any category or classification of rental units." Under Section 3 F the Board "...is empowered to settle civil claims under Section 11..." of Ordinance No. 494. Section 11 of Ordinance No. 494 addresses matters in which landlords demand rent in excess of the maximum lawful rent. In summary, Ordinance No. 494 appears to authorize the Board to review rent levels and take action in response to rentals charged in mobilehome parks with regard the controlling or decontrolling of rents charged to tenants. If the Board reviews rent levels it must do so at a public hearing (Section 3 G of Ordinance No. 494). Alternatives These alternatives appear available to the Board in addressing the litigation and the court's ruling. 1. Proceed with the case and consider an appeal at the conclusion of the trial. If this action is chosen the damage phase of the trial would proceed. Once the damage phase is concluded and Judgment is entered the prospects of an appeal would be considered. Obviously one of the dangers in such a course of action would be that if the appeal were lost the implementation of the Ordinance 494 would increase the damages. 2. Another alternative would be to follow the court's ruling and reimplement the Green Book. This would result in lessening the damages to the mobilehome park owners since the city would be following the court order. If this alternative is selected the position of the tenant is unknown at this time. 3. Another alternative would be to suspend Ordinance No. 494 as to rents for the term of the Green Book. As indicated the Board has some authority under Section 3 G to decontrol rents. In view of the court's ruling this would appear to be a prudent alternative to consider. So that the will of the electorate can be heard it would also be prudent for the city to consider placing a referendum measure on the ballot to suspend any rent control action under Ordinance No. 494 until the Green Book expires and implement the terms of the Green Book until April 1995. If this alternative were selected and upheld then the city would have stopped any claim to future damages since it would be following the Green Book. Ordinance No. 494 would not be repealed but would be suspended until 1995 when the Green Book expired. This alternative also has the feature of retaining some form of vacancy decontrol until 1995 since the Green Book allows a 10$ increase in space rent when a space is vacated. In addition, the City would be following the court's order and, as stated, further damages would be minimized if not eliminated. This alternative allows all of the electorate of the City to make an informed decision based on information that was not available when the litigation was commenced. R p tful i su:rdZj , n 1tner C y Attorney 4