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1988/04/12 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES April 12, 1988 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 Hopkins presiding. Closed session The City Council met in closed session to consider personnel matters pursuant to Government Code Section 54957, real estate negotiations (Rohnert Park Expressway West Right of Way and Wilfred Avenue Interchange Area Assessment District Right of Way) pursuant to Governr.:�nt Code Section 54956.8, litigation pursuant to Government Code Section 54956.8 and meet and confer matter pursuant to Government Code Section 54957.6. Councilmembers Eck, Hollingsworth, Lepinski and Mayor Hopkins were present. Councilman Cochran was absent. City Manager Callinan, City Attorney Flitner and Director of Administrative Services Netter were also present in the closed session. After the closed session, the Council reconvened in open session. Open session Call to order Mayor Hopkins called the regular session to order at approximately 7:24 p.m. and reported that the Council met in special session at 4:00 p.m. earlier today to discuss planning matters and issues and the processing of planning applications and how to pro:V.i'de early City Council input and also in closed session at 7:00 p.m. to discuss matters pursuant to Government Codes listed on the agenda. Pledge of allegiance Mayor Hopkins led the pledge of allegiance. Roll call Present: (5) Councilmen Cochran, Eck, Hollingsworth, Lepinski and Mayor Hopkins Absent: (0) None Staff present for all or part of the meeting: City Manager Callinan, City Attorney Flitner, Director of Administrative Services Netter, Planning Director Skanchy, Finance Director Harrow and City Engineer Brust. Approval of Minutes Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, the minutes of March 22, 1988 were approved as submitted with Councilman Hollingsworth abstaining. Upon motion of Councilman Eck, seconded by Councilman Lepinski, and unanimously approved, the minutes of March 29, 1988 were approved as submitted with Councilman Cochran abstaining. Rohnert Park City Council Minutes -2- April 12, 1988 Approval of Bills Upon motion of Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, the bills presented per the attached list in the amount of $1,398,236.21 were approved. Non- agendaed items Councilman Eck stated he had an item to discuss under Matters from Councilmen. Councilman Cochran stated he wished to do the same. City Manager Callinan stated he also had an item to bring up under City Manager's Report. Unscheduled Public Mayor Hopkins stated that, in compliance with State Law (the Appearance Brown Act), anyone in the audience who wished to make a comment may do so at this time. George Betker, Santa Rosa, was recognized and stated the main issues regarding the newly annexed area in South Santa Rosa Avenue and asked how is the public right of way which has been unimproved for the last 20 to 30 years going to be improved and the big pile of dirt on Willits Street does not look like road fill and is blocking the road that there is no way traffic can go to and from that road. Councilman Lepinski stated that he had checked on the matter and the dirt pile is only temporary. Mr. Betker stated he is asking the City that if it is going to improve the road, then improve it and he wished to know how come the area got off the flood control when the ditch was built which caused the streets to get closed off and flooded and drainage is needed there and there is no way the residents can have a perk test. Lester Fee, 7504 Camino Colegio, was recognized and asked when the traffic signals on East Cotati Avenue at Camino Colegio will be reinstalled and the status of the bike berms on East Cotati Avenue. City Engineer Brust replied that he has looked seriously at the traffic signals for this intersection which will be his next priority and the bike paths will be striping on East Cotati Avenue through Cotati because the bike berms will eliminate parking on E. Cotati Avenue. Mayor Hopkins suggested that Mr. Fee talk to Mr. Brust to make him aware of his concerns. Mr. Fee also reported that the 35 mph speed limit is not being observed and suggested that the speed limit at the intersection be reduced to 25 mph during construction work and until the traffic light is reinstalled because accidents are becoming common at this intersection and asked for Council's consideration. Rohnert Park City Council Minutes -3- April 12, 1988 C O N S E N T C A L E N D A R City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 for explanation of the matters on the consent calendar and advised that the City Council had been provided with pertinent materials regarding same. Acknowledging the City Manager /Clerk's report on the posting of the meeting's agenda Resolution No. 88 -66 RESOLUTION CALLING FOR SEALED PROPOSALS CORPORATION YARD ADDITION PROJECT NO. 1987 -9 Resolution No. 88 -67 A RESOLUTION ACCEPTING GRANT DEED FROM HEWLETT - PACKARD COMPANY FOR EASEMENT FOR WATER SYSTEM TELEMETRY Resolution No. 88 -68 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF THE COTATI- ROHNERT PARK UNIFIED SCHOOL DISTRICT (c /o Richard R. Rudnansky, Forest & Rudnansky) Resolution No. 88 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK REJECTING THE CLAIM OF CLAUDIA A. CLEARY (aka Ramos, Ramos - Cleary) Resolution No. 88 -70 RESOLUTION AUTHORIZING ENGAGEMENT OF DELOITTE, HASKINS & SELLS TO SERVE AS INDEPENDENT AUDITORS FOR THE CITY OF ROHNERT PARK Resolution No. 88 -71 RESOLUTION OUTLINING POLICY CONCERNING USE OF FEES DEPOSITED IN CAPITAL OUTLAY FUND Appointing Gordon Adam, Anita Sammis and Julia Yonemura to Sister City(s) Relations Committee for two -year terms (as recommended by Sister City(s) Relations Committee) Upon motion of Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, the City Manager /Clerk's report on the posting of the meeting's agenda was acknowledged, Resolutions Nos. 88 -66 through 88 -71 were adopted, and the appointments of Gordon Adam, Anita Sammis and Julia Yonemura to the Sister City(s) Relations Committee for two -year terms were approved. Luther Burbank Center City Manager Callinan referred to the letter dated February 22, 1988 from Florence Gresty, Luther Burbank Center Board of Directors, requesting a $20,000 contribution and stated thst his position is that the City and County should support the arts. Rohnert Park City Council Minutes -4- April 12, 1988 Discussion followed. Upon motion of Councilman Hollingsworth, seconded by Councilman Lepinski, the requested $20,000 contribution to the Luther Burbank Center for the Arts was approved on the following roll call vote: Ayes: (3) Councilmen Hollingsworth, Lepinski and Mayor Hopkins Noes: (2) Councilmen Cochran and Eck Councilman Cochran stated he was voting no because the Council should be using this money locally, for the City's own Performing Arts Center. Mobile Home Mobile Home Rent Appeals Board Chairman Vernon Smith was Rent Control recognized and stated he was present to answer any questions and discuss the Board's budget proposal. Mr. Smith referred to his letter dated March 31, 1988 (a copy is attached to the original set of these minutes) regarding the $42 registration fee per mobile home space and the Board's request for an additional $10,000 and to consider this amount and the $50,000 seed money as unencumbered grants. Mr. Smith stated that he thinks the registration is equitable for the first year and in 1989 the fee would cover only the cost to operate the Board. The Board's request for the additional $100000 is in the interest of permitting the Board to move on to the rest of the year and towards 1989 and for the City to assist in absorbing the $60,000 this year. Councilman Eck stated that the major difference between the initiative and the various ordinance was in the pass through requirements and suggested perhaps those who prepared the initiative to prepare a supplemental ballot so the language can change to make the registration fee dual. Mr. Smith replied that the Board at this time has no intention of tampering with the initiative and he feels that those who prepared the initiative knew what they were doing and they should live with the initiative for awhile and perhaps someone can come forth with a supplement to the initiative. Further discussion followed. Councilman Eck made the motion to approve the $60,000 as an unencumbered grant. Said motion was seconded by Councilman Cochran. Rohnert Park City Council Minutes -5- April 12, 1988 Councilman Eck amended his motion for the Council to make the additional contribution of $10,000 and to approve the $10,000 and $50,000 as unencumbered grants. Said motion was seconded by Councilman Cochran and approved on the following roll call vote: Ayes: (5) Councilmen Cochran, Eck, Hollingsworth, Lepinski and Mayor Hopkins Noes: (0) None Pat Case, 93 Walnut Circle, was recognized and stated that he personally wished to commend the City Council and the five (5)- member Rent Appeals Board the Council appointed and asked the other mobile home tenants in the audience to give their thanks which they did by applause. Smoking Action Roger Brown, Sonoma County Medical Association, was Coalition recognized and referred to the letter from Doctor Ronald Van Roy, Chairman of the Coalition dated March 9, 1988 to request that the Council consider an ordinance to restrict smoking in this community, basically an ordinance that restricts smoking in public places. Discussion followed during which Councilman Lepinski suggested to have staff look into the matter for 60 to 90 days and report back to the Council with a recommendation. Councilman Eck stated he would second the motion only if the Council plans to have an ordinance after staff's investigation and have a public hearing. Councilman Cochran stated he felt the Council should not legislate smoking restriction. Councilman Eck stated the cities of Petaluma and Sebastopol have been able to come up with an ordinance and implement it with no opposition and perhaps Rohnert Park can come up with a workable ordinance. Councilman Cochran stated that unless the Council gets public input that shows that the majority of the public wants this kind of restriction otherwise he felt the Council is doing a useless act of futility. Councilman Eck replied that part of the process may be when the Council has looked at the matter, nothing will happen. City Manager Callinan stated that he will look into the matter and come back with a recommendation as the Council has directed within 90 days. Rohnert Park City Council Minutes -6- April 12, 1988 Santa Rosa Plain City Manager Callinan referred to his Council Meeting Memo Ground Water Model dated April 6, 1988 and asked City Engineer Brust to review the report with the Council and answer questions. City Engineer Brust reported that the model is a very good predictive model which tracked history that has happened but one missing item on the report is the actual final depth of the bottom level. The State Department of Water Resources is sending a package of how to input in the computer. Mr. Brust also reported that it appears that the change in water level extends farther to the north than he anticipated. Future County City Engineer Brust reported on Aqueduct Entitlement entitlement based on the Sphere of the City Council and on population the process of how he came up wit! there is a good likelihood the City City so desires. the future 12 mgd water Influence as approved by projections and explained h the figures and stated can get the 12 mgd if the Councilman Hollingsworth made the motion to ratify Mr. Brust's request. Said motion was seconded by Councilman Lepinski. Discussion followed during which Councilman Eck stated it should strictly be on the contingency that the City will not be putting cash up front. Councilman Hollingsworth's motion was unanimously approved. Landscape Maintenance City Manager Callinan reviewed his April 7, 1988 memo to the Council concerning the Council's award of contract on landscape maintenance contracts for three (3) years at the last Council meeting and which has created problems because the call for bids which was approved by the Council was for five (5) year contracts. Discussion followed. Resolution No. 88 -72 A RESOLUTION RESCINDING AWARD OF CONTRACTS FOR LANDSCAPE Me INTEN!ONCE, City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth , seconded by Councilman Eck, Resolution No. 8872 was adopted on the following roll call vote:. Ayes: (4) Councilmen Eck, Hollingsworth, Lepinski and Mayor Hopkins ` Noes: (1) Councilman Cochran Rohnert Park City Council Minutes -7- April 12, 1988 Resolution No. 88 -73 A RESOLUTION OF AWARD OF CONTRACTS LANDSCAPE MAINTENANCE City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Eck, Resolution No. 88 -73 was adopted on the following roll call vote: Ayes: (4) Councilmen Eck, Hollingsworth, Lepinski and Mayor Hopkins Noes: (1) Councilman Cochran Cable TV City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 rcommending acceptance of a letter agreement negotiated and received from ML Media which would extend its existing franchise through May 1990. Councilman Cochran stated he attended the seminar in Washington, D.C. with Councilman Lepinski and he felt staff's approach is the best approach because it accomplishes exactly what the Council is hoping to have some changes in the next two years in the legislature and in the future of fiber optics the phone company will be competing with this item. Pat Case was recognized and asked why the City does not take care of having its own Cable TV and it would be good looking into. Councilman Cochran replied that there are cities in California that are in lawsuits by trying to take the cable TV in eminent domain. Discussion followed on rate regulations and the federal law that states cities cannot get into rate regulations during negotiations of franchise renewal. Resolution No. 88 -74 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING A LETTER AGREEMENT SUBMITTED BY MULTIVISION CABLE CORPORATION (M L MEDIA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR AND ON BEHALF OF THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon motion by Councilman Hollingsworth, seconded by Councilman Cochran, Resolution No. 88 -74 was adopted on the following roll call vote: Ayes: (3) Councilmen Cochran, Eck and Hollingsworth Noes: (2) Councilman Lepinski and Mayor Hopkins Rohnert Park City Council Minutes -8- April 12, 1988 Mayor Hopkins stated he was voting no to send a loud clear message that the City Council is very concerned on what the cable company is doing. Councilman Hollingsworth stated he wanted it noted on the record that the Council's vote is only because it is necessary and is one of those things the Council has no other choice. Discussion followed on whether the City can invite other cable companies to service the newly annexed areas and City Manager Callinan mentioned that Viacom is not interested because of high capital costs and Mayor Hopkins asked staff to find out if the City can do the wiring and lease the wires to the distributors. Recess At this point of the meeting, the time being approximately 8 :27 p.m., Mayor Hopkins declared a recess. (During the recess a meeting of the Community Development Agency of the City of Rohnert Park was held.) Reconvene Mayor Hopkins reconvened the City Council meeting at approxi- mately 9:15 p.m. immediately after the Community Development Agency of the City of Rohnert Park meeting with all Council - members present. Sale of Water City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 concerning the proposed revised Rules and Regulations Regulating the Sale of Water in the City of Rohnert Park and stated that the matter has been scheduled for a public hearing. Mayor Hopkins opened the scheduled public hearing. There being no one wishing to speak, Mayor Hopkins closed the public hearing. Resolution No. 88 -75 RESOLUTION ADOPTING RULES AND REGULATIONS REGULATING THE SALE OF WATER IN THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Lepinski, and unanimously approved, Resolution No. 88 -75 was adopted. Traffic Signals City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 concerning the resolution adopted on March 22, 1988 increasing the traffic signal fees imposed on new development and the Council's direction to staff to set a new public hearing to consider increasing the fees higher to make up for a projected deficit in the Traffic Signals Fund. Rohnert Park City Council Minutes —9— April 12, 1988 Mayor Hopkins opened the scheduled public hearing. City Manager Callinan read a letter just received from A. Condiotti, President of Condiotti Enterprises, Inc., indicating that his company would not like to see the Council increase the fees because it is imposing hardships on young people who are buying for the first time. There being no one wishing to speak, Mayor Hopkins closed the public hearing. Councilman Hollingsworth made the motion to leave the traffic signals impact fees where they are now set. Said motion was seconded by Councilman Lepinski. Discussion followed. Councilman Hollingsworth's motion was approved on the following roll call vote: Ayes: (S) Councilmen Cochran, Eck, Hollingsworth, Lepinski and Mayor Hopkins Noes: (0) None Weed Abatement City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 regarding weed abatement and stated that a public hearing has been scheduled on the matter. Mayor Hopkins opened the scheduled public hearing. There being no one wishing to speak, Mayor Hopkins closed the public hearing. Resolution No. 88 -76 RESOLUTION ORDERING CITY MANAGER OF THE CITY OF ROHNERT PARK TO ABATE NUISANCES EXISTING WITHIN THE CITY OF ROHNERT PARK City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Eck, and unanimously approved, Resolution No. 88- 76 was adopted. Expressway interchange City Manager Callinan referred to his Council Meeting Memo landscaping dated April 6, 1988 and map on display for explanation of Cal Trans proposal and plans for the Expressway interchange landscaping and the City's intent to maintain the landscaping and irrigate it with treated wastewater. Discussion followed. Rohnert Park City Council Minutes -10- April 12, 1988 Upon motion by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, Cal Tran's plans for the landscaping of the Expressway interchange area were approved, the City's commitment to maintain said landscaping was ratified as was the City's commitment to use treated wastewater for irrigation of the landscaping and City staff was directed to work with the City's state legislators to try and get funding assistance to get the pipeline for treated wastewater extended to the interchange area. Planning & Zoning Planning Director Skanchy referred to Planning Staff report File No. 1215 dated March 24, 1988 and map on display regarding the Negative Declaration for the extension of South Santa Rosa Avenue to Golf Course Drive and development of a 125-space commuter parking lot and stated that this matter has been scheduled for a public hearing. Mayor Hopkins opened the scheduled public hearing. Joe Gaffney, Meadow Pines Avenue, was recognized and stated that he fully supports this surface street connection because he commutes everyday and as an Associate Engineer for Santa Rosa, he has been working with environment documents for the Farmers Lane extension, he can say that further focus of traffic on Golf Course Drive would suffice and urged the Council to vote for the Negative Declaration. Mrs. Brumley, 4741 Santa Rosa Avenue, was recognized and stated she lives on the west side and wished clarification where the parking lot near Golf Course Avenue would be. Discussion followed. There being no one else wishing to speak, Mayor Hopkins closed the public hearing. Discussion followed concerning the Planning Commission's action on seeking an EIR instead of a Negative Declaration. Councilman Cochran made the motion to approve a egative Declaration for the project rather than an Environmental Impact Report on the condition that the Negative Declaration include a focus on traffic. Said motion was seconded by Councilman Hollingsworth and approved on the following voice vote: Ayes: (4) Councilmen Cochran, Eck, Hollingsworth and Lepinski Noes: (1) Mayor Hopkins Rohnert Park City Council Minutes -11- April 12, 1988 Mayor Hopkins stated he didn't think the report focusing on traffic would tell us anything that we already do not know. Councilman Lepinski made the motion to authorize staff to engage consultants to prepare the Negative Declaration documents. Said motion was seconded by Councilman Eck and unanimously approved. File No. 1218 - City Manager Callinan asked that the public hearing on amend - Sign regulations ments to the City code regarding signs be opened with the understanding it will be continued to the next Council meet- ing pending action by the Planning Commission. Mayor Hopkins.ppeued the scheduled public hearing. There was no one wishing to speak on the matter. Mayor Hopkins continued the public hearing to the next Council meeting on April 26, 1988. Annexation No. 10 City Manager Callinan reported that he has been working with Hugh Codding regarding payment of the annexation fee. Mr. Codding has requested that the fee on Mrs. Brownlee be defer- red on 5 acres since the property owner does not have the money to pay the annexation fee. Discussion followed on the City collecting interest on the amount of the annexation fee. City Attorney Flitner stated that it is better for the City to collect the money first before development instead of entering into an agreement because the possibility of questioning the legality of the agreement can come up later. Mr. Flitner suggested that perhaps Mr. Codding can front the money for Mrs. Brownlee. Councilman Hollingsworth asked if Hugh Codding has an option on the property. Mrs. Brownlee replied that Mr. Codding does not but he would have the first option when she was ready to sell it but she has no plans currently to do so. Councilman Cochran suggested that the Council not act on this matter tonight. Discussion followed during which the Council concurred that the matter be deferred in order that City Attorney Flitner and City Manager Callinan can confer with all parties involved and to make sure that the theatre property be cleaned up. Rohnert Park City Council Minutes -12- April 12, 1988 Jay Stevens was recognized and he stated that because of local ordinances that have been passed, residents are restricted as to where they can park their recreation vehicles and he is providing them a service. Cultural Arts City Manager Callinan referred to his Council Meeting Memo Facility dated April 6, 1988 recommending the Council fund the Cultural Arts Facility and authorize a call for bids. Resolution No. 88 -77 RESOLUTION CALLING FOR SEALED PROPOSALS CULTURAL ARTS FACILITY (THEATRE) PROJECT NO. 1980 -04 City Manager Callinan explained the resolution. Upon motion of Councilman Hollingsworth, seconded by Councilman Cochran, and unanimously approved, Resolution No. 88 -77 was adopted. Swim Center City Manager Callinan referred to his Council Meeting Memo dated April 6, 1988 recommending that the Council fund the design for a swim center through the Community Development Agency and set up a Council committee to work with staff and the architects regarding the consultants to be engaged. Councilman Hollingsworth made the motion to approve the City Manager's recommendation and to authorize staff to proceed with the design for the swim center. Said motion was seconded by Councilman Cochran and unanimously approved. Councilman Lepinski suggested that the architects look at up-to -date facilities and pick the brains of people who manage the facilities to get ideas of the flaws of the design. Councilmen Cochran and Lepinski volunteered to be the Council committee for the swim center. The Council concurred. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken on any communication unless specifically noted in these minutes. City Manager's report: City Manager Callinan referred to the letter from Rohnert RP Tennis Club Park Tennis Club President Steven Mills dated March 11, 1988 donation and stated that a thank -you response will be prepared for the Mayor's signature to acknowledge the windscreen donated by the Tennis Club. Muscular Dystrophy City Manager Callinan reported that a Rohnert Park resident, Jeannette Jaques, is running the Jerry Lewis Telethon this year from the Red Lion Inn and needs sponsors from the business community, and hopes that Councilmembers can participate since it will be a tremendous publicity for the City. Rohnert Park City Council Minutes -13- April 12, 1988 SSU /City Swim Meet City Manager Callinan reported that the appreciation party for the referees, etc. will be held at the SSU campus this year in connection with the SSU /City Swim Meet. Community Cleanup Week City Manager Callinan reported that Community Cleanup Week will be the week of April 30th through May 9th. Property Rights City Manager Callinan reported that proceeding under the new Initiative law, the City Attorney was given the Property Rights Initiative that has been submited to the City and he has 15 days to work on the title and summary. Planning issues City Manager Callinan reiterated the project discussed on today's work session regarding planning issues that City Engineer Brust is designing (as an emergency project) a connection to the Petaluma aqueduct which will extend along Wilford Creek to make ties in "H" section and "G" section where there are water pressure or water quality problems. Councilman Cochran asked what is the possibility of having a red pipe and blue pipe for wastewater to the park in G section. City Manager Callinan indicated he would find out. City Attorney's City Attorney Flitner reported the lawsuits to recover taxes Report: Taxes on on State assessed property does not directly involve the City State asses°ed but he will review the suit in detail and will report to the property Council at the next meeting. Fees to recover City Attorney Flitner stated he will prepare if Council so police costs directs him an ordinance for recovering costs from drunken drivers, false alarms and police and fire calls. Matters from Council- Mayor Hopkins reported that the fundraiser planned by RCHS men: Athletic Dept. at the Community Center was cancelled. Cotati's 25th Mayor Hopkins stated he would be happy to participate in anniversary Cotati's 25th anniversary celebration. Sonoma County Mayor Hopkins reported that he is a member of the newly Transportation formed Sonoma County Transportation Planning Committee. Planning Committee Water conservation Councilman Lepinski stated that he drove around the City last Sunday and noticed . more water going in gutters than on the lawn and considering that there is no water pressure on Hagemann Lane where he lives, and those wasting water should be given a warning. City Manager Callinan stated that he has instructed the Public Safety Department to follow -up on water wasting when the officers are on their routine patrol. Rohnert Park City Council Minutes -14- April 12, 1988 Discussion followed on having a voluntary odd /even system to water lawns. League of Cal. City Manager Callinan reported that the 1988 Mayors & Cities meetings Councilmembers Orientation Institute meeting will be held in San Francisco on May 11 to May 13 and the 1988 Legislative Conference will be held in Sacramento on May 23rd and 24th. City Manager Callinan urged any Counciimember wishing to attend any of the meetings to not wait until the last minute and to inform him or his secretary as soon as possible. Councilman Eck stated he may attend the Legislative Conference. Sign re golf cart Councilman Eck stated there should be a warning sign for people going to Red Lion Inn by the golf course that there are golfers crossing the road so they can be aware of the golfers and be prepared to stop. Hashimoto guests Councilman Cochran stated as liaison for Sister City's) Relations Committee, he took it upon himself to arrange a catered dinner at City expense to entertain the 18 guests from Hashimoto whose visit is to talk to the City Council and staff about development of Rohnert Park and strengthen the bond with Hashimoto City. Councilman Cochran stated that Councilmembers, Chamber representatives and spouses, are invited to the function and extended his personal invitation to the Council in behalf of Sister Cities Relations Committee. Mayor Hopkins made the motion to authorize the funding for the dinner. Said motion was seconded by Councilman Lepinski and unanimously approved. City Manager Callinan reported that the guests are expected to arrive at 4 p.m. on Thursday to visit City Hall at which time the Mayor will welcome them and give the City's key. Community Center Councilman Lepinski asked if copies of other bids on the sign Community Center sign could be made available to the Council. City Manager Callinan replied only one bid was solicited by the Committee who was involved but that he referred the proposed sign to the Community Center's architects for review and comment and the matter will be discussed with the Council before anything is done. CITY OF ROHNERT PARK ROHNERT PARK MOBILE HOME RENT APPEALS BOARD 6750 Commerce Boulevard Rohnert Park, California 94927 Telephone (707) 795 -2411 March 31, 1988 Mr. Warren K. Hopkins, Mayor City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94927 Dear Mayor Hopkins: At our Mobile Home Rent Appeals Board meeting of March 24, 1988, the Board reviewed the costs through March, 1988 incurred by the Rent Appeals Board. It was estimated that for the three month period approximately $50,000 had been expended. It was also noted that $30,000 of the $50,000 was for consultants fees in drafting the rules and regulations to assist in administering Ordinance No. 494. Upon extensive discussion and analyzing the costs, the Board hereby requests the City Council to allocate the $50,000 authorized as seed money as an unencumbered grant to pay for all the start up costs associated with the initial year of operation of the Rent Appeals Board. In addition, the Board would also like to request an additional $10,000 as an unencumbred grant in order to pay for any additional start up costs that the Board may incur over the next few months of its operation. For your information, at the same meeting the Rent Appeals Board did authorize a registration fee of $42.00 per mobile home space. This $42.00 will be collected and will be applied against costs incurred from January 16, 1988 through December 31, 1988. The total estimated amount of collection will be approximately $55,000. Because the registration fees are collected on a calendar year basis, any surplus or deficit on account at December 31, 1988 will be considered before the calendar year 1989 registration fees are established. Your consideration in approving the $60,000 as an unencumbered grant is sincerely appreciated. Very truly yours, ROHNERT PARK MOBILE HOME RENT PEALS BOARD f Vernon P. Smit Chairman VPS:JDN:tcd cc: City Council (5) Rent Appeals Board Members CITY OF ROHNERT PARK Mobile Home Rent Appeals Board Estimated Expenses January through March, 1988 Personnel Costs: City Manager (Est.) $1,500 Assistant to City Manager 3,000 City Attorney ($800 /mo.) 2,400 Secretary 2,700 Clerical 100 Total Personnel Costs Consultants Fee's: Other Expenses: Postage $ 450 Duplication 1,600 Publications 280 Miscellaneous Supplies 200 Telephone (long distance consultants only) 50 Total Other Expenses Equipment Costs: Wordprocessor $ 2,514 Printer 1,204 File cabinet 329 Total Equipment Costs City Overhead (building, office space, telephone, insurance, supplies, etc. @ $600 /month) TOTAL ESTIMATED COSTS THROUGH MARCH 2A, 1988 Budget $50,000 Estimated Costs Per Above (48,127) Balance $ 1,873 $ 9,700 30,000 2,580 4,047 1,800 $48,127 R��jVED INITIATIVE MEASURE TO BE SUBMITTED N�� DIRECTLY TO THE VOTERS 21 1988 CITY OF ROHNERT PARK_ The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: ----------------------------------------------------------------- We the undersigned, registered and qualified voters of the City of Rohnert Park, do hereby present to the City Council, this petition and request that the initiative ordinance be adopted .immediately, without alteration, by the City Council or submitted, without alteration to a vote of the people at a special election or at a regular election as required or permitted by law. ---------------------------------------------------------- - - - - -- The people of the City of Rohnert Park do ordain as follows: Section 1. Preamble. The people of the City of Rohnert Park find and declare: 1. There currently exists a rent control ordinance affecting mobile home parks within the City of Rohnert Park.. 2. The current rent control ordinance has cost the City and the taxpayers of Rohnert Park substantial sums of money from the City Treasury to administer the rent control bureaucracy created by the current rent control ordinance. 3. The current rent control ordinance exposes the City of Rohnert Park and the taxpayers of the City of Rohnert Park to substantial litigation expense and to potential liability to affected landlords. 4. The current rent control ordinance of the City of Rohnert Park benefits not only those in need of the protection of the rent control ordinance such as the poor and needy, but also benefits the middle-And­ upper income mobile home park tenants who do not need or deserve the benefits of the rent control ordinance. 5. As a result of the unfair and inequitable situation created by the current rent control ordinance, the City and its taxpayers are currently, in effect, subsidizing with taxpayer money the life -style of the middle and upper income mobile home park tenants as well as those deserving of the protection of the rent control ordinance. 6. The citizens of the City of Rohnert Park thereby amend the existing mobile home park rent control ordinance in order to: (A) Save the taxpayers and the City of Rohnert Park substantial costs of administration. (B) Reduce the liability and litigation exposure of the City and its taxpayers under the currently existing rent control ordinance. (C) Provide the benefits and protections of the rent control law to those who need and deserve it. (D) Prevent the abuses under the current rent control ordinance. Section 2. Except as provided in Section 4 of this measure, the rent ceiling for a controlled rental unit may be increased without permission of the Rent Appeals Board, subject to the following limitations: (a) The rent ceiling may not be increased more than a total of ten percent (10 %) in the twelve month period following the date of enactment of this Section. (b) The rent ceiling may not be increased more than a total of twenty percent (20 %) in the twenty -four month period following the date of enactment of this Section. Section 3. Any landlord who intends to increase the rent ceiling of a controlled rental unit pursuant to Section 2 shall notify the tenant in writing of the amount of the new rent and shall specify an effective date of the increase no sooner than 120 days after the date of the notice. Section 4.(a) Upon receiving written notification of a rent increase pursuant to this ordinance, any tenant may apply immediately for low income status as provided below. The rent 2 adjustments allowed by Section 2 shall not apply to a tenant who qualifies for low income status and is certified by the Rent Appeals Board. (b) A tenant may apply for low income status at any time. (c) Certification for low income status shall expire at the end of twenty four (24) months. Tenants certified as having low income status may reapply for such status pursuant to a schedule established by the Rent Appeals Board by regulation. Section 5.(a) The Rent Appeals Board shall notify an applicant - tenant in writing within fourteen (14) days that the application has been accepted or that additional information is needed, specifying the needed information. Once the application is accepted, it shall be processed and ruled upon within forty -five (45) days. The Board shall notify the tenant and the park owner of its decision within ten (10) days. (b) A pending application shall not prevent the rent adjustment allowed by Section 2 from going into effect for a controlled rental unit. A tenant qualified for low income status and certified as such by the Board shall not be entitled to a rent controlled rent retroactively unless the application process takes longer than 90 days through no fault of the tenant. (c) The rent ceiling for controlled rental units shall apply on the first day of the month following the month in which notification of certification is mailed by the Board. Section 6. The tenant shall apply for low income status on a form provided by the Rent Appeals Board. The form shall include at a minimum: a. The applicant's name; b. The applicant's address; C. The combined monthly household net income; d. The household net assets; e. The number of persons residing with the applicant and their name, age, relationship to applicant and Social Security number; f. The mobilehome park name; g. Whether the applicant owns or is purchasing his or her mobilehome; 3 �9 h. The amount of the applicant's mobilehome space rent; i. The current value of the applicant's mobilehome; j. The current balance owed on the mobilehome; k. A declaration by the applicant certifying under penalty of perjury that the information contained in the application is true and correct to the best of the applicant's knowledge; 1. Any other information that the Board deems relevant and adopts by regulation. Section 7. Definitions. A. For purposes of this ordinance, "low income" shall be defined as: The household annual income of all persons living in applicant's mobilehome does not exceed the qualification limits for a Section 8 (Very Low- Income Family) rental subsidy as. defined by the Department of Housing and Urban Development for the Rohnert Park area at the time of the application. B. "Household annual income" for the purposes of this ordinance means the income of the household, including, but not limited to: (1) Wages and salaries, commissions, fees, tips and bonuses; (2) The net income from operation of a business or profession or from rental of real or personal property; (3) Interest and dividends; (4) The full amount of payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar periodic receipts; (5) Payments in lieu of earnings, such as unemployment compensation and worker's compensation; (6) The total of any public assistance payments if they include an amount specifically designated for 4 shelter and utilities; (7) Periodic allowances such as alimony and child support and regular gifts or contributions from persons outside the household; (8) All regular and special pay of a member of the Armed Forces, whether or not living in the mobile - home rental unit who is head of household; (9) A percentage of the net assets of the household as defined by the current Department of Housing and Urban Development regulations or other governing law. C. "Net Assets" for purposes of this ordinance includes all cash, bank accounts, stocks and bonds, notes and accounts receivable, cash surrender value of life insurance, real estate however held, except that leases for terms of less than 15 years shall not be considered real estate, mobilehome coaches, anything of value held in revocable trust, and automobiles or other vehicles. Section 8. A tenant applying for low income status under this ordinance shall, as a condition of eligibility, take all actions necessary to obtain unconditionally available income. This includes applying for such income and supplying the information requested by the agency making the award determination. Income shall be considered unconditionally available if the applicant or beneficiary has only to claim or accept the income. Such income includes but is not limited to: (a) Disability insurance benefits; (b) Benefits available to veterans of military service; (c) OASDI benefits; (d) Unemployment insurance benefits; and (e) Social Security payments of any kind. Section 9. Nothing in this ordinance grants to any public entity any power which it does not possess independent of this Section to control or establish a system of control on the price at which accommodations may be offered for rent or lease. Section 10. Costs of administering this ordinance, if any, 5 incurred by the Rent Appeals Board to certify tenants under this ordinance shall be funded as follows: (a) Any park owner who demands or accepts rent for a rental unit on or after January 1, 1989, shall pay an annual fee to the Rent Appeals Board in an amount to be established by the Board by regulation. The fee may be passed through to all tenants of a park equally on a monthly basis; (b) Any tenant who applies to the Rent Appeals Board for the low income status described in this Section shall pay a registration fee directly to the Rent Appeals Board of five dollars ($5). Section 11. All forms necessary for the administration of this program shall be provided by the Rent Appeals Board. Section 12. The failure of a park owner to comply substantially with the fee provisions of this ordinance shall result in the forfeiture of any claim to the automatic adjustment of rents as described in this ordinance for a period of three years. The failure of any tenant to comply truthfully with the application provisions of this ordinance shall result, in addition to the penalties of perjury, in the forfeiture of low income status under this ordinance for a period of three years. Section 13. Severability. If any portion of this ordinance or its application to any person or circumstance is declared unconstitutional or otherwise invalid,* then the remainder of this ordinance or its application to other persons or circumstances shall not be affected and shall continue in full force and effect. C1