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1992/06/23 City Council MinutesRohnert Park City Council Minutes June 23, 1992 The Council of the City of Rohnert Park met this date in regular session commencing at 6:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Spiro presiding. Mayor Spiro called the regular session to order at approximately 6:24 p.m. and led the pledge of allegiance. Mayor Spiro advised that a closed session commenced this evening at 6:00 p.m. to discuss personnel matters. She said no action was taken and there was nothing to report at this time. ROLL CALL Present: (5) Councilmembers Eck, Hollingsworth, Hopkins, Reilly, and Mayor Spiro Absent: (0) None Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Planning Director Skanchy, and Finance Director Harrow. Presentation to Dr. David Benson, Mayor Spiro said the agenda item regarding presentation to President of Sonoma Dr. David Benson would be moved up and handled at this tiro in State University order to be more in line with the item as scheduled. Mayor Spiro welcomed Dr. Benson and his wife, Betty, to tonight's Council meeting. She shared contents of resolution, which was approved at the previous City Council meeting, congratulating Dr. David W. Benson on the occasion of his retirement as President of Sonoma State University and extending best wishes to Dr. Benson and his wife for many years of happy and healthy retirement. Mayor Spiro presented the framed resolution to Dr. Benson, as well as a token "Key to the City" signifying the City's appreciation for Dr. Benson and the professional capacity in which he has effectively served in the public education system of the Rohnert Park /Cotati area over the past seven years. Dr. Benson expressed appreciation to Council for the attention to the occasion of his retirement. Approval of Minutes Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the minutes of June 9, 1992 were unanimously approved as submitted. The minutes of June 3, 4 and 10, 1992 were deferred to the next Council meeting. Approval of Bills Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, and unanimously approved, the bills presented per the attached list in the amount of $837,869.08 were approved. CDA bills presented per the attached list in the amount of $842,629.63 were approved. Rohnert Park City Council Minutes (2) June 23, 1992 Non - agendaed - Mayor Spiro queried if any Councilmember had any non- agendaed items Matters to add to the agenda. Councilman Eck said he had one item to add regarding Rancho Verde Mobile Home Park. Councilman Hollingsworth said he had one item to add under budget matters. Councilman Reilly said he had one miscellaneous item to add under matters from Council. City Manager Netter said he had one item to add under other resolutions for consideration and two items to add under City Manager's report. Unscheduled Mayor Spiro stated that in compliance with State Law (The comment may Public do so at this time. In most cases under legislation of the new Brown Appearances Act, the Council cannot handle an item without agendizing. To ensure accurate recording, "Speaker Cards" are provided at the entrance of the Chamber and unscheduled public appearances are requested to fill out the cards and present to recording clerk after speaking. No one responded. C O N S E N T C A L E N D A R Mayor Spiro queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council Maeting Maim. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution A RESOLUTION DESIGNATING, AUTHORIZING AND APPROVING THE INSTALLATION No.92 -90 OF STOP SIGNS (on East Cotati Avenue at Bodway parkway) Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING THE No.92 -97 APPROPRIATIONS LIMIT FOR THE CITY OF ROHNERT PARK FOR THE 1992 -93 FISCAL YEAR PLA?St TAi i' TO ARTICLE XIII $ OF THE CALIF iIA CC)NSTITUTION Resolution RESOLUTION CALLING FOR SEALED PROPOSALS FOR JANITORIAL r4k NTENANCE No.92 -98 SERVICE FOR ALL CITY FACILITIES Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK SUPPORTING No.92 -99 BREAST CANCER ACTION Resolution RESOLUTION OF THE CITY OF ROHNERT PARK COMMENTING ON THE ASSOCIATION No. 92 -100 OF BAY AREA GOVERNMENT'S DRAFT "PROJECTIONS '92" Upon motion by Councilmember Hollingsworth, seconded by Councilmember Hopkins, the Consent Calendar as outlined on the meeting's agenda was unanimously approved. Rohnert Park City Council Minutes (3) June 23, 1992 Scheduled Public Appearances: 1) Shelley McIntyre- Bendt, 928 Hacienda Circle, said she had two issues to review as referenced on tonight's agenda regarding vehicle speed enforcement within the City and consideration of the creation and enforcement of a bicycle helmet law. She reviewed examples of speeding vehicles in various Rohnert Park neighborhoods, pointing out refusal of drivers to stop at certain intersections or signified crossings. She shared exanple of recent accident in her neighborhood wherein a child was hit by a truck and would have been alive today if she had worn a helmet while riding her bicycle. Mrs. Bendt requested Council to give attention to these matters of concern and address them accordingly. Discussion followed during which Council comments included suggestion that such bicycle helmet laws would need to be done by the State to be effective, and that citizens should write their legislators for support; suggestion was also rmde to check with League of California Cities to see what other areas are doing about this issue; acknowledgment was made regarding awkwardness and discomfort related to wearing of helmets, as well as the need to describe a standard of helmet, if required by any sort of law; importance of the parents role and responsibility toward instructing their children; and the possibility of developing educational programs for this issue in a joint effort with the Department of Public Safety and the school system. 2) George Horwedel, 7669 Camino Colegio, gave a report to Council on recent Town Hall meeting held last Sunday for mobile home residents of Nbbile Valley Village, Rancho Grande and Rancho Verde mobile home parks. He said there was a good attendance of approximately 40 to 50 residents which resulted strictly from the distribution of flyers since neither the Clarion nor the Press Democrat published the announcements as submitted. Mr. Horwedel distributed copies to Council of various items reviewed at the referenced Town Meeting which included: memo dated June 5, 1992 from Council Committee Member Eck regarding list of mobile home park items currently pending before the City Council; Proposed Bond Nfeasure to Purchase Nbbile Home Parks; Proposed Rohnert Park Residents Bill of Rights; and a Survey that Mr. Horwedel confirmed should be ignored since it was not effective. Mr. Horwedel said he felt it was important to share information he received from a phone call from a concerned lady at Rancho Verde concerning rent increases and long term leases. He referenced the mobile home parks ordinance proposal scheduled for review later on tonight's agenda and said there needs to be some kind of protection, particularly with regard to Rancho Verde. Discussion followed during which Council responded to Mr. Horwedel's inquiry that there are no mobile home parks being closed. Mr. Horwedel responded to various Council questions pertaining to the speculated figures of the Bond Measure proposal and asked if the City could look into the matter further to discuss possibilities and difficulties of the idea. Council Committee Members Eck and Reilly confirmed previous review of such bond measure purchase possibilities and that they would be willing to review the matter further with Mr. Horwedel, as requested. Comparisons were made to such a bond measure Rohnert Park City Council Minutes (4) June 23, 1992 proposal to purchase mobile home parks as compared to the logic and interest of the people buying the units themselves via the formation of a Homeowners Association to take care of their own needs and wants. Further discussion followed during which Council expressed concern regarding the City's involvement in such types of ownerships in especially related to the costs and responsibilities of same, with comments that private enterprise has the ability to be more effective and successful at such ventures. Resolution RESOLUTION CALLING FOR SEALED PROPOSALS, WATER/WASTEWATER CONSERVATION No. 92 -101 RETROFIT PROGRAM, PROJECT NO. 1991 -13 City Manager Netter explained the resolution as reviewed in staff report and Council Meeting Memo. Discussion followed during which Councilman Eck said he would be interested to see how many units actually get generated from this retrofit program. He said if it only moves out of public and commercial enterprise into private enterprise, nothing will be gained, but it is a program that has merit. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -101 was waived and said resolution was adopted. New "City of City Manager Netter referenced copies provided to Council of letter Windsor dated June 19, 1992 from Mayors' and Councilmembers' association of Sonoma County requesting proclamations welcoming the Town of Windsor and its City Councilmembers as new members to the Sonoma County Association of Mayors' and Councilmembers' Association for presentation at the next meeting of same on July 9th, 1992. City Manager Netter said this request was received after tonight's agenda was finaled and would, therefore, need to be declared an emergency item in order for Council to take action on the item at tonight's Council meeting. He recommended Council approval of the referenced resolution by title. Discussion followed. Resolution RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNE:RT PARK CONNE'NDING AND No. 92 -102 CONGRATULATING THE TOM OF WINDSOR ON BECCXKLNG THE NINTH INCORPORATED CITY IN SONOMA COUNTY AND EXTENDING WELCOME TO THE MAYORS' AND COUNCILMEMBERS' ASSOCIATION OF SONOMA COUNTY A motion was made by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, to declare the above- requested presentation for the Town of Windsor an emergency item. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, Resolution No. 92 -102 was adopted by title. Rohnert Park City Council Minutes (5) June 23, 1992 Planning and Zoning matter: File No.1550 - Planning Director Skanchy referenced staff report dated May 28, 1992 with attached Planning Commission minutes of same date pertaining to public hearing for File No. 1550 - George E. Tawasha Use Permit and reviewed contents therein confirming recent Planning Commission approval of same. He said copies were also provided to Council of various communications from Homeowners of Country Club Drive, including letters dated May 31, 1992, June 4, 1992, as well as petition received at the above - referenced public hearing, regarding File No. 1550 - Appeal of Planning Commission approval to grant use permit to convert existing garage into a one bedroom granny unit at 5270 Country Club Drive. Mr. Skanchy responded to various Council questions regarding this matter and confirmed that a statement has been received from the teen -age daughter of the referenced applicant, and for which the granny unit was to be developed, has no intention of moving into her father's home at 5270 Country Club Drive. Discussion followed. A motion was made by Councilman Eck, seconded by Councilman Hopkins, and unanimously approved to reverse the Planning Commission decision regarding its approval of use permit for a granny unit as described above for File No. 1550, and to deny same without prejudice due to the absence of the applicant at tonight's Council meeting. Mayor Spiro said Council's denial without prejudice would still provide an opportunity for the applicant to respond and /or make further appeal to Council regarding the matter. Mayor Spiro said public comments could be heard at this time regarding this matter. Sandy Wallace, 5310 Country Club Drive, expressed concerns regarding letters of confirmation and complaints received from residents of the neighborhood that they would like to see the referenced property brought up to code and that it is being used as a boarding /rooming house. She asked if something could be done to specifically enforce the single - family requirement for this property. Discussion followed during which Planning Director Skanchy responded to various Council questions regarding this matter and said the house in question is a legal single - family dwelling and everything in the house meets the building code. He said there has been an impression given that there were several people staying there for several weeks at a time that were not members of the itmiediate family, but there is no limit to the number of people in a single - family dwelling, if the people are related. Council agreed to direct this matter to staff for further review, that the use permit has been denied without prejudice for the time being, and that the homeowners of the referenced Country Club Drive area would be notified if the applicant comes back with request for further Council consideration of the matter. Rohnert Park City Council Minutes (6) June 23, 1992 Wine Center update: City Manager Netter referenced chart on display which reviewed content of copies provided to Council of Wine Center Operation report sumnarizing the financial transactions that will occur in 1992 -93 between the City and Sonoma County Wineries Association (SCWA) (copy attached to original set of these minutes). He referenced comments in the Council Meeting Memo and said Linda Johnson from the Sonoma County Wineries Association was present at tonight's meting to respond to any questions Council may have regarding the update on the Sonoma County Wine and Visitors Center currently under construction. Linda Johnson, Executive Director, Sonoma County Wineries Association, outlined the program concerning construction of the Wine and Visitors Center and confirmed that pledges received to date are solid and cover over $600,000 for construction commitmnt and SCWA is now working towards commitments for the interior equipment. She stated the money is deposited in the bank and is earning interest. She also confirmed that no winery has dropped out of the Association and that the money collected from the winery owners is not an assessment, but an investment. She also stated that a very aggressive campaign is under way for Corporate sponsors. This is headed by a steering committee of some very influential people in Sonoma County including Mike Jalone of Bank of America, Ron Caton, Regional Vice President of Wells Fargo, Terry Lindley of Pacific Coast Credit, Dave Faris of Pisenti and Brinker, Cindy Silveri of California Glass Company and Joseph Ciatti of Joseph Ciatti & Sons. In addition, the growers have begun their campaign of which they have collected $6,000 to date. The growers have also committed to an additional $25,000. She concluded her remarks by stating that the wineries and growers are committed to this project. They spent over four (4) years researching and studying this project and they will finish it and make it a success. She then asked if Council had any questions. City Manager Netter reviewed details of the process that led to Council approval of the Wine Center including many Council discussions, public hearings and dialogues regarding location and funding possibilities. He said, two years ago Council discussed the possibility of a bond issue to support the financing of this project. After review, City Council determined that a bonding program through the City should not be done and that the construction and financing should be handled by the Sonoma County Wineries Association to show a greater commitment in the project. City Manager Netter said that the Wineries Association said they would commit $600,000 to $700,000 of their own funds to the project and finance the approximately $800,000. Over the past several months, staff did not know who the financing individuals or businesses were and was told that a bank loan was being pursued. It wasn't until Friday, June 12th that staff learned of the investor group for the interim construction loan. This information was immediately corumicated to the City Council. Mr. Netter then reviewed details of the above- referenced chart on display and said looking at the project from this financial standpoint with the Positive impact on the City's budget as outlined are the reasons staff supports the new Wine Center. Rohnert Park City Council Minutes (7) June 23, 1992 Discussion followed during which City Imager Netter and Sonoma County Wineries Association Representative Linda Johnson responded to various Council questions regarding details of the above - reviewed reports. Mayor Spiro expressed appreciation to Ms. Johnson for providing the Wine Center update and detailed report for Council's review and information and wished her well in the continued development and success of the project stating that even though there have been some clouds in the background, there may be some silver linings ahead. Councilman Reilly said he knew the Wine Center was a PR nightmare in the beginning and the only reason he voted against it was because of the open space issue, since the Wine Center can go anyplace it wants. RECESS Mayor Spiro declared a recess at approximately 7:25 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 7:30 p.m. with all Councilmembers present. State Assembly Candidate: Mayor Spiro introduced Vivien Bronshvag, Democratic Candidate for State Assembly, (P. O. Box 626, Kentfield, Ca. 94914) who was present at tonight's Council meeting and signified she was available to respond to inquiries regarding her candidacy. Injunction against State Petitioning from Removing Traditional Revenues Allocated to Cities: Councilman Hollingsworth said he would like to review his non - agendaed item prior to the next agenda items scheduled for public hearings pertaining to budget matters. He referenced copies provided to Council of various comrunications recently received from League of California Cities regarding Major City Considerations in State Budget Process and reviewed contents therein whereby AB 8 funds through property tax could amount to another $1.5 million taken out of the City's budget this year, besides other "take backs" previously taken from other local government sources, i.e. Cigarette Taxes, Traffic Fines, and charging for Property Tax, Administration Fees and Jail Bonding Fees, or losses connected with previous actions like Proposition 13. This is going to force the local governments to raise local taxes because the State refuses to deal with such measures or necessary cutbacks of its own. Councilman Hollingsworth said, therefore, he was going to ask Council to join him in asking the City Attorney to file an injunction against the State of California in order that the City not lose this funding and ask the State to cut the fat out of its operations. He confirmed the intention of asking the cities of the League of California Cities to join the City of Rohnert Park in this injunction against the State. Discussion followed. A motion was made by Councilman. Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to declare the above- referenced injunction against the State for "take backs" of certain local taxes an emergency item. Rohnert Park City Council Minutes (8) June 23, 1992 Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -103 REQUESTING ALL CITIES OF THE STATE OF CALIFORNIA IN COOPERATION WITH THE LEAGUE OF CALIFORNIA CITIES TO PETITION THE GOVERNOR AND THE LEGISLATURE OF THE STATE OF CALIFORNIA AND, IF NECESSARY, TO FILE A SUIT AGAINST THE GOVERNOR AND THE STATE LEGISLATURE TO ENJOIN THE STATE FROM REMDVING TRADITIONAL REVENUES ALLICCATED TO CITIES A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, directing City Attorney to prepare content as requested, Resolution No. 92 -103 was adopted by title. Discussion followed during which City Manager Netter said this item could be reviewed at the Mayors' and Councilmembers' meeting on July 9th, 1992; Mayor Spiro said she would be attending the meeting this coming Friday with the Revenue and Taxation Department of the League of California Cities and could distribute copies of the above- adopted resolution at that time; Councilman Reilly recommended a friendly amendment to the above motion urging all citizens to write their legislators expressing their concerns regarding this matter commenting further that many may think this is an effort in futility, but people need to take a stand together on the issue in order to be effective. Council agreed. Trap ien OCR nry I" (TOT) City Manager Netter explained the draft Transient Occupancy Tax (TOT) ordinance for introduction as reviewed in the Council Meeting Memo. He said a public hearing has been properly noticed and scheduled at this time, and confirmed to Council inquiry that because of previous public hearing, deliberations and discussions on this matter, the proposed budget does include the projected figures in the proposed budget. Public Hearing - Mayor Spiro opened the public hearing at approximately 7:40 p.m. John Hudson, 399 Bonnie Avenue, commented that he thought all the taxes should be considered together because it looks obvious who runs this town because of the small percentage TOT increase compared to the others. Nabih Geha, General Manager of Red Lion Inn, One Red Lion Drive, said he would like to address one issue on the TOT tax. If the Council has projected that the proposed increase can be a benefit to everybody, he thought the 1% increase should be no problem. He said the Red Lion has some property that they can offer and it is hoped there will be no resistance from this. There is a need for input into promoting our area to visitors. The Red Lion spent approximately one -half million dollars on advertisement and can offer a package for staying overnight, etc. He said it is hoped that there wi l l be a comni tment included in the proposed budget for such direction of advertisement funding that can help promote the area. W. Geha said the Red Lion would be very glad to support the TOT tax increase and hoped a joint advertising program could be developed. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 7:45 p.m. Rohnert Park City Council Minutes (9) June 23, 1992 Ordinance AN ORDINANCE, AMENDING SECTION 3 OF ORDINANCE 53 AND SECTION 3.24.030 No. 561 OF THE ROHNERT PARK "ICIPAL CODE RELATING TO AM)LW OF TRANSIENT OCCUPANCY TAX Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Ordinance No. 561 was waived and said ordinance was introduced. Real Property Transfer City Manager Netter referenced charts on display and explained the Real Property Transfer Tax ordinance for introduction as reviewed in the staff report and Council Meeting Memo. W. Netter said there had been some flyers distributed in the neighborhood regarding this matter which resulted in several phone inquiries to the City. According to the two calls he personally handled, it seemed the information on the flyers was a little vague as the callers were referring to annual property taxes. City Manager Netter clarified that the Real Property Transfer Tax being considered tonight is only paid when a home is sold and is not the annual property tax. He said this item was properly noticed and scheduled for public hearing at this time. Discussion followed during which Councilman. Eck referenced discussions at last year's review regarding this item and said there had been talk about staging a fee. He said if this is stage two, what sort of things are in mind for stage three since this seems to be a fairly rapid stage. City Manager Netter responded that the County will be a standardized rate again at the $3.10 total; that the County is locked in at that amount, even though the cities can change the rate. He said he has not heard anything further regarding the matter and that the proposed rate will raise approximately $125,000 annually based on the estimates. Councilman Hopkins said he recalled the discussions of last year regarding this matter and he wanted to go to the full amount at that time, since he thought it would have been much easier if the City would have "bit the bullet" at that time rather than attempt the staging process. The money to run the City is going to have to be found somewhere and until somebody comes in with what they want us to cut out, this is what we can expect, or do away with certain services. Public Hearing - Mayor Spiro opened the public hearing at approximately 8:51 p.m. She asked if it would be possible for a spokesperson to speak on behalf of realtors present at tonight's meeting, if time did not allow for too many individuals to speak. Mayor Spiro asked for a show of hands of those desiring to speak, and said she felt there would be sufficient time for the signified number of raised hands. John Hudson, 399 Bonnie Avenue, said he noted earlier that the TOT tax is going up 1 %. The Development fees are only going up 5% and now the Real Property Transfer tax is increasing at a much higher percentage rate from $.55/1000 to $1.10/$1000. If you have to choose, don't have our local taxes raised, but let it be done at the State level. You see other industries closing and leaving. Clearly the residents of Rohnert Park have no choice in such matters. Rohnert Park City Council Minutes (10) June 23, 1992 Steve Rogers, 4675 Fir Court, said he was a homeowner and local resident as well as Co- Chairman of Rohnert Park- Cotati Council of Realtors. He said he was glad to hear the City Council getting angry and that it wants to do something and say to Sacramento that you can not continue taking from the cities. This is the same position we are in as homeowners. He distributed copies to Council of his comments regarding opposition to increase the Real Property Transfer Tax (copies attached to original set of these minutes) and said in 1978 the citizens of this great State of California said "enough taxation without a vote to adopt additional taxes on property ". We are sympathetic that the City is experiencing a major deficiency, however, homeowners are opposed to this increase in Real Property Transfer Tax. First, this is a selective tax that taxes only a small number of homeowners, Why are you taxing a selective number? Council has said over and over again that there is need for affordable housing and now you want to levy additional taxes which makes it harder and harder to buy or sell. In talking to homeowners, they say "no more taxes" and oppose any increase in Real Property Transfer Tax. Just as we do polls for other matters that are voted down by the polls, we ask you to do the same for this issue, and request Council to vote "no" on it. Last year, approximately 600 homes were sold. If that many were sold next year, it would mass approximately $100,000 from this transfer tax. It would be better to raise sales tax a portion of a cent. In closing, Mr. Rogers said he applauded Council's dedication and would not want to be in their shoes. He said he believed he was speaking tonight for the homeowners and trusted Council was hearing from us in saying that the Real Property Transfer Tax is unfair to a small segment. Secondly, it is not fair that phase I was considered last year and now phase II, and it was not a "done deal" last year. If it was not done, then this could be a program where we could get repeatedly taxed even more. The City of Hayward adopted a transfer tax that included a 600% transfer tax increase for 1992 -93 from $1.10 to $7.10. Hayward approved a sunset clause. We thought we Council also and now cities and councils across the passed doing this k in ind 9of action. We ask you not to do it. Beth Robertson, 4301 Hatteras, said she was on the of Sonoma County Realtors Asso- ciation Board of Directors and also with the California Association of Realtors, as well as a homeowner. She presented Council with a petition of over 250 signatures opposing the Real Property Transfer Tax and said she would like Council to consider these signatures which were collected by ten people in a timeframe of about 2 hours, and commented on how many more signatures could have been obtained in a few days. She referenced a comWnt made earlier inferring that the opposition to the transfer tax was basically generated by realtors and asked for a show of hands from the audience from residents that are homeowners and not realtors, opposing the transfer tax. Numerous hands were raised. William A. Adams, 716 Brett Avenue, said he did not know what the realtors were so upset about because these fees and City taxes hurt the individual and just cuts down on their competitiveness. People who really pay these fees are the customers and are first time home buyers, in many cases. It seems, if the City is going to help, it would make first time home Rohnert Park City Council Minutes (11) June 23, 1992 buyers exempt from such taxes. Affordable housing goals are getting set back even farther. Mr. Adams said he read recently that the lower to middle class income brackets and the poor people are paying more taxes percentagewise and are getting increases in taxes across the board, compared to others. This is another way to gouge those who are not able to afford it. Mr. Adams referenced the previous speaker who pointed out that the transfer tax is not equitable because only a small percent sell a house. He said he could not understand the counties and the cities scrambling to collect all kinds of fees from permit fees to building fees when it is the home buyer who pays those fees, not the developer. It costs the County something to process a permit and review the plans, etc. but this is just gravy for the City. There ought to be a cut in services or some other way to balance the budget. Jake Mackenzie, 1536 Gladstone Way, said it has been very interesting listening to the presentations made tonight up to this point. As everyone knows, Proposition 13 was upheld in the Supreme Court last week. Those who voted in 1978 and those who have met here tonight realize the consequences of what has happened. Cities are no longer able to rely on such property taxes and now they have to rely on other mechanisms. Taxes like sales tax are a regressive tax. It is the reason why tax burdens are being distributed less and less equitably. To say that the consequences of Proposition 13 has resulted in the protection of those living in homes, also says it has resulted in inequities to those trying to buy their first homes and is why the City should not be attempting to provide more services for its residents. As you will see, there is an increasing imbalance. As more residents come in, and as the City cannot afford to provide even the same services it has in the past because it does not matter that sales tax is not going to increase with the type of regressive tax that it is. Even so, it is all the more reason and necessary for these types of taxes like Real Property Transfer Tax to be increased to make it a livable City in which we can be proud. Linda Branscomb, 21 Anne, asked if it would be possible to exempt homes from this transfer tax that are under $150,000, or could a sliding scale be instituted? Dawna Gallagher, 7343 Rasmussen Way, questioned how many more types of little increases would there be regarding additional taxes. She said she was speaking tonight as a homeowner, rather than a realtor; that it seems this transfer tax generates such a small amount of money; and asked why don't we spend our money better. She referred to funds spent two years ago on the General Plan update and then again this year and said, if we merely planned long term, it would save time and money. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 8:10 p.m. A motion was made by Councilman Hollingsworth, seconded by Councilman. Reilly for discussion purposes, not to raise the Real Property Transfer Tax at this time. Rohnert Park City Council Minutes (12) June 23, 1992 Discussion followed during which Council exchanged comments confirming the unfairness of Proposition 13; advantages of considering lighting /landscaping assessment districts via ballot measure because of the equality of cost distribution for specific services, as compared to complexities of increasing regressive sales tax with its unfairness to people like senior citizens, besides not retaining sales tax in the comamity when people shop elsewhere; confirmation that the City has a barebones budget; and request for ;further recommendations from citizens regarding ways to handle budget shortages. Further discussion followed during which it was pointed out that the increase was not put in the proposed budget; that if the State Legislative proposals are approved, local tax increases will be inevitable; City Manager Netter pointed out that previous State and County actions have already taken away revenues amounting to approximately $300,000 in the last two; Council concluded that discussions should be continued in efforts to resolve these matters and provide further opportunity for public input for suggestions toward solutions, which should include the Landscape and Lighting Assessment District proposal, especially if the State takes additional City revenues. The previous motion by Councilman Hollingsworth, seconded by Councilman Reilly, U91 to raise the Real Property Transfer Tax at this time, but to be reconsidered if the State makes a "hit" on City revenues, was unanimously approved by roll call vote. RECESS Mayor Spiro declared a recess at approximately 8:34 p.m. RECONVENE Mayor Spiro reconvened the Council meeting at approximately 8:42 p.m. with all Councilmembers present. Development City Manager Netter explained various resolutions presented for Fees Council consideration, as reviewed in the Council Meeting Memo, regarding increase to several development fees, and ordinance for introduction increasing Capital Outlay fees. He confirmed, as previously established by policy, that Council reviewed all fees during budget work sessions, and said a public hearing for same had been duly noticed and scheduled at this time. Public Mayor Spiro opened the Hearin public hearing at approximately 8:45 p.m. There q being no one desiring to speak, Mayor Spiro closed the public hearing. Resolution No. 92 -104 RESOLUTION AM£NDTNG PER ACRE FOR DEVELOPMENT FEE Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -104 was waived and said resolution was adopted. Rohnert Park City Council Minutes (13) June 23, 1992 Resolution RESOLUTION OF THE CITY OF ROHNERT PARK AMENDING SEWER SERVICE No. 92 -105 CONNECTION FEES Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -105 was waived and said resolution was adopted. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING No. 92 -106 SPECIAL WATER CONNECTION FEE Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -106 was waived and said resolution was adopted. Resolution RESOLUTION UPDATING FURM TRAFFIC SIGNAL NEEDS AND INCREASING TRAFFIC No. 92 -107 SIGNALS FEE FOR THE ROHNERT PARK MAJOR THORODU"EARE DISTRICT Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved,_reading of Resolution No. 92 -107 was waived and said resolution was adopted. Ordinance AN ORDINANCE AMENDING THE ROHNERT PARK MUNICIPAL CODE, TITLE 15, No. 562 SECTION 15.40.020 (Capital Outlay Fund Fees Adjustment for Increase in Cost of Construction Index) Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Ordinance No. 562 was waived and said ordinance was introduced. Proposed 1992 -93 City Budget: City Manager Netter explained that a public hearing for the proposed 1992 -93 City Budget had been duly noticed and scheduled at this time. He shared comments as reviewed in the Council Meeting Memo regarding the proposed budget and commented further on the proposed impacts from the State from the loss of Motor Vehicle License fees and Property Taxes. He confirmed that the budget is very critical and recom ended adopting same tentatively as it is not known at this point exactly where and how the City will be inYoacted by the above- referenced State proposals. Mr. Netter said this is the second year in a row for the City to have a hiring freeze; programs like the new Public Safety facility being on line, "R" Park and, eventually, "M" Park, etc. have been done without additional hiring, and it is hoped there will not have to be any kind of layoffs due to the complexities of the budget. He said the City has always treated its employees well and this has probably been the most difficult budget to work with in the history of the City. For public informational purposes, City Manager Netter urged citizens to write their local legislators and pointed out the blue and yellow sheets with State Legislators' names, addresses and phone numbers for citizens desiring to conrunicate with same to express concerns regarding Reduction in Revenues to Cities and the State Budget Conference Cornnittee. Discussion followed during which Council further encouraged citizens to write to the State Legislators expressing their concerns as reviewed. Rohnert Park City Council Minutes (14) June 23, 1992 Public Hearing - Mayor Spiro opened the public hearing at approximately 8:56 p.m. Jake Mackenzie, 1536 Gladstone Way, congratulated Council 01 budget workshops were conducted. 'These are not to review, but as one observer, W. Mackenzie sz reviewed and discussed prior to presenting the on tonight's agenda. One thing not alluded to long term prospects for the budget process, like income d Z the way the recent the most popular items yid all the items were budget item scheduled regarding the City's a five year pro -forne an expenses, is that revenues are not going to keep up with the expenditures as laid out in the five year pro - forma. Despite all the west side development and increased sales tax revenues, as each year goes by, the deficit gets larger by 1996 -97, at which time the deficit could be as large as $6 million. W. Mackenzie said that would indicate to him that that is a straight line figure with the same level of staff and services, and that not just this year's budget, but the future of the City mast be considered. He referenced the end of the budget document, section 13 of the Goals of the City, and requested Council to just think on this. This budget is one of the two most important documents before Council this year, with the other one being the General Plan. As the City considers this year's budget and the bleakest fiscal picture ever given, consideration mast be given to the commercial enterprises on the other side of the freeway. Frankly, annexation might not be the wisest thing to consider for the City with certain consideration given to sub - section F being completed by August 1992. Further consideration should include all possible activities and not a parcel by parcel annexation. Particular attention should be given to the north and west areas. W. Mackenzie said he continues to hear rumblings regarding these open space areas from those outside the areas and he could see problems with septic tanks, etc. and that it seemed to him that these problems would have considerable impact. He again congratulated the City on a well presented budget and said he thought others should notice that the ratio of City employees is half that in other surrounding areas which is a considerable achievement. Mr. Mckenzie said it might be appropriate to hold special round table City budget meetings and Possibly give consideration to service cuts. Cecelia Belle, 461 High Street, Sebastopol, representative for Sonoma County Associates for Youth Development ( SCAYD), 5550 State Farm Drive, #E, Rohnert Park, Ca., distributed to Council copies of her letter dated June 12, 1992 with various attachments supporting the efforts of SCAYD and revie?&-d contents therein. She said the proposed City budget reduced the previous year's funds to SCAYD by 50% and she was here tonight to request Council to restore the amount to $10,000 to be able to effectively continue to provide services to high -risk youth and their families and to attract additional dollars to the Rohnert Park corm mity because this is an urgently needed program that is working and is meeting the needs as reviewed in the above - referenced materials provided to Council. City Manager Netter responded that there are several other groups that have expressed the desire to make presentations for Council's consideration, including a representative from Family Service Agency present in tonight's audience. He suggested further consideration be given these requests at the next budget work session on July 14, 1992 that is planned to be held prior to the next regular Council meeting on that date. Rohnert Park City Council Minutes (15) June 23, 1992 George Horwedel, 7669 Camino Colegio, referenced the Neighborhood Watch Program and said he would like to thank the City for providing that service to the comminity. He said he thought the assessment district ideas were great. Keith Hallock, 1500 Baumgardner, Santa Rosa, said he just wanted to know if the proposed budget included funds for the next phase of the General Plan update. There being no one further desiring to speak, Mayor Spiro closed the public hearing at approximately 9:08 P.M. Discussion followed during which Council responded to W. Hallock's inquiry that there were several factors to be considered pertaining to the next phase of the General Plan update. Mayor Spiro confirmed there is nothing in the budget at this time because the first phase is moving a little slower than originally anticipated. She said Council previously stated that it would review phase 2 at budget time in July, but reviewing it did not infer conclusion to proceed with it, especially since it seemed the first phase needed to be finished before moving into the next phase. Councilman Eck said a site specific ordinance is being completed now, but when, and if, a General Plan review is done, it should not be developer based, but as an overall master plan. He said he would probably oppose doing another site specific General Plan update. He commented further that since the existing General Plan states having a five year time frame, action throughout the next budget year will probably be minimal. Councilman Hollingsworth asked if W. Hallock would be willing to pay for his portion of cost if the City does go into the next phase of the General Plan, to which W. Hallock responded that he thought the City should make concessions for affordable housing. Councilman Hollingsworth said W. Hallock would be treated as fairly as anybody else when the time comes to proceed with the next phase of the General Plan update. Further discussion followed during which Council expressed support of SCAYD program with confirmation that it was one of the most positive efforts for the benefit of youth in the community. Resolution No. 92 -108 RESOLUTION APPROVING AND ADOPTING A BUDGET FOR FISCAL YEAR 1992 -93 upon motion by Councilman Hollingsworth, seconded by Councilman Eck with friendly amendment to approve SCAYD funds to $10,000, approving a tentative 1992 -93 budget as a working document and not as a final budget pending the action from the State, reading of Resolution No. 92 -108 was waived and said resolution was unanimously adopted. Pine Creek Properties /Subordination Agreement - Altamont Apartments City Manager Netter said copies were provided to Council of letter dated June 18, 1992 with various supporting attachments from Pine Creek Properties regarding Altamont Apartments, a 230 unit complex for seniors 55 years and older on Enterprise Drive. W. Netter shared comments, as reviewed in the Council Meeting Memo, pertaining to this Rohnert Park City Council Minutes (16) June 23, 1992 item that was continued from the Council meeting of June 9, 1992 wherein concerns were expressed related to the Subordination Agreement with the City and the need to protect this project as an affordable, adult complex. City Manager Netter said W. Martin, owner of Altamont Apartments, was in the process of securing a loan in the amount of $10 million as permanent financing on the project through the California Housing Finance Agency (CHFA), and was not previously aware of the referenced subordinating covenant. Mr. Netter explained the two basic revisions in the Subordination Agreement Ahereby 1) the complex would be protected and maintained as a senior complex in all events, with only the remote exception of CHFA acquiring title due to foreclosure, and 2) clause regarding the City's first right of refusal in the event CHFA was forced into consideration of foreclosure to protect the bond holders. Discussion followed during which Council expressed appreciation for the intent of the project. Nhyor Spiro said she is not against the project, but could not support the Subordination Agreement without a guarantee that it would not revert to a non -adult apartment complex. City Attorney Flitner responded to various Council questions confirming that reversion was reasonably remote and only in the event of foreclosure; consideration could be given to putting the project in a specified zone, but this suggestion is rather late and he did not know what the lender would do with it, even so, the zone could be put in place that could provide another form of protection to the project; also, if this covenant is removed, requirements pertaining to the reduced parking of the project could be applied. Further discussion followed during which Ken Martin of Pine Creek Properties and City Manager Netter responded to additional Council questions pertaining to the terms and requirements of the loan and subordination agreement. Council remarks included comwnt that even though the package does not contain a 100% guarantee of no reversion from affordable adult housing, it is about as close as can be expected in government procedures and efforts. Mayor Spiro said there are many ways to get rid of transfers and still could not support the Subordination Agreement without the referenced guarantee. Resolution A RESOLUTION OF THE CITY CC+ YCIL OF T i iE -IT, OF tCOH1Vr:ttT PARK APPROVING No. 92 -109 SUBORDINATION AGREE 4T WITH PINE CREEK PROPERTIES AND AUTHORIZING MAYOR TO EXECUTE SANE Upon motion by Councilman Hollingsworth, seconded by Councilman Eck, reading of Resolution No. 92 -109 was waived and said resolution was adopted, which included the City's first right of refusal on taking over the project, and also that CHFA would not unreasonably withhold the City's assumption of the CHFA loan, by the following vote: AYES: (4) Councilmen Eck, Hollingsworth, Hopkins and Reilly NOES: (1) Mayor Spiro SENT: (0) None Rohnert Park City Council Minutes (17) June 23, 1992 A motion was made by Councilman Hollingsworth, seconded by Mayor Spiro, and unanimously approved, directing City Attorney to review senior citizen zoning for Altamont Apartment complex for Council consideration prior to sending the matter back to the Planning Comnission for its review and recomrendation. Burbank Housing Development Corp. - Request for Deferral of City Development Fees City Manager Netter referenced copies provided to Council of staff report with attached memorandum request from Burbank Housing Development Corp. for deferral of City Development fees in the amount of $300,000 for the affordable housing project /Tower Apartments at 781 East Cotati Avenue, and shared contents therein as reviewed in the Council Meeting Mono. Mr. Netter said staff recommends that a short term loan of approximately $300,000 for the balance of the construction funding be instituted between Burbank Housing and the Community Development Agency of the City of Rohnert Park, at an approximate interest rate of 6 %, with said loan to be paid out of the Comnmity Development Agency's low to moderate housing funds. Council comrented on the interest rate charged and indicated that staff should be as flexible as possible in support of affordable housing. Upon motion by Councilman. Hopkins, seconded by Councilman Reilly, the loan agreement between Burbank Housing and the ConT=ity Development Agency of the City of Rohnert Park in the amount of $300,000 at 6 %, was unanimously approved in concept as recommended by staff, with direction that this item be placed on the next Community Development Agency agenda on July 14, 1992 for said Agency action. November 1992 Election: 1) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, COUNTY OF Resolution SONOMA, STATE OF CALIFORNIA, ORDERING AN ELECTION TO BE HELD AND No. 92 -110 REQUESTING CONSOLIDATION City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. City Attorney Flitner responded to Mayor Spiro inquiry regarding City Councilmembers who are up for re- election and whether or not they might have a conflict of interest on this matter. City Attorney commented that there would be no conflict of interest since the rule of necessity applies. Upon motion by Councilman Hopkins, seconded by Councilman Eck, and unanimously approved, reading of Resolution No. 92 -110 was waived and said resolution was adopted. 2) Statement of Qualifications - Establish Number of Words City Manager Netter said Council needed to establish the number of words to be allowed in the Statement of Qualifications for the November 1992 election. The options available are either 200 or 400 words and the printing costs are doubled accordingly for 400 word Statements as compared to printing costs for 200 word Statements. A motion was made by Councilman Eck, seconded by Councilman Hollingsworth, and unanimously approved, establishing 200 words as the number to be allowed in Statement of Qualifications for the November 1992 election. Rohaert Park City Council Minutes (18) June 23, 1992 3) Statement of Qualifications- Establish Payment Responsibility for Ballot Printing City Manager Netter said Council also needed to establish who would be responsible for costs incurred in printing the optional Statement of Qualifications in the Voter Pamphlet which amount to approximately $238 per candidate. Discussion followed during which Council comments confirmed that the City paid for these costs during the last election, reviewed options of remaining consistent, and compared comments on the City paying for what amounts to minimal costs for the next election in order to give everyone desiring to run for office an equal opportunity to do so. A motion was made by Councilman Eck, seconded by Councilman. Reilly, and unanimously approved, establishing that the City would be responsible for the printing costs of Statement of Qualifications on for the November 1992 election ballot amounting to approximately $238 per candidate. Country Club Drive /Daniel Drive - Report on Stop Sign proposal City Manager Netter referenced plans on display and copies provided to Council of staff report pertaining to request at the previous Council meeting for stop signs on Country Club Drive at the intersection of Daniel Drive and Eleanor Avenue and shared contents therein as reviewed in the Council Meeting Memo regarding all intersection locations along Country Club Drive and the average number of accidents at each location for the years 1988 through 1991. Mr. Netter said, based on this document and criteria set forth in the attached section of the manual on Uniform Traffic Control Devices concerning instal- lation of multi -way stop signs, staff does not recommend installation of the referenced stop sign as it is not warranted. In addition, if Council desired another stop sign on Country Club, staff would recommend the intersection of Santa Dorotea at Country Club due to the traffic volume at that intersection. Discussion followed during which City Manager Netter responded to various Council questions regarding the averages contained in the above- referenced report. Council exchanged comments regarding this matter confirming that there is usually a petition from other neighbors objecting to stop signs shortly after new installation of same, but also confirming that distance between various stop signs is not necessarily the problem when looking at the accident ratios. A motion was made by Councilman Hollingsworth, seconded by Councilman Reilly, to place stop signs at the referenced location on Country Club Drive at the intersection of Daniel Drive and Eleanor Avenue as requested, directing staff to prepare the necessary resolutions and notices for same for Council action at its next meeting on July 14, 1992, and approved by the following vote: AYES (4) Councilmen Eck, Hollingsworth, Reilly and Mayor Spiro NOES (1) Councilman Hopkins ABSENT (0) None Roger Southfield, 5338 Daniel Drive, expressed appreciation to Council for approving the stop signs and said to update the accident report, there was another accident in June at the referenced intersection which now puts four on record. Rohnert Park City Council Minutes (19) June 23, 1992 Nbbile Home R=k relocations /protection for homeowners (re. Pacifica Ordinance) City Attorney Flitner said copies were provided to Council of his memorandum dated June 18, 1992 regarding Pacifica Ordinance Mitigation Measures re. Nbbilehome Park Closures, Cessation of Use, Etc. (copy attached to original set of these minutes) with attached draft ordinance in line with the Pacifica ordinance regulating conversion of mobilehome parks to other uses, as previously requested by Council. He shared contents therein including comments as reviewed in the Council Meeting Memo and responded to various Council questions regarding same. City Attorney recommended Council take a little more time to consider this item as there would be a lot of staff time and City time involved in the execution of this ordinance with at least two, and possibly three, public hearing. There is only one other City that he knows of, besides Pacifica, that has adopted such an ordinance. In response to Council inquiry, City Attorney said he could not say what the cost would be because he did not know what it would take in relation to staff time, etc. Discussion followed during which Council reviewed the complexities of referring this matter to the bbbile Home Rent Appeals Board because of Council's inability to give directives to the Rent Appeals Board as well as no authority to alter its job description. Council asked City Attorney if the Rent Review Board could accept the responsibility and offer to review this matter as recommended by friendly direction of this Council. City Attorney Flitner confirmed that he had previously selected the Rent Appeals Board approach because of the thinness of Planning Department staffing and responded to Council inquiry that he could review the legalities of the matter further and report back to Council at its next meeting. Council concurred. Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK No. 92 -111 AUTHORIZING AND APPROVING AGREEM W WITH COLtM OF SONOM FOR THE COMbUNITY ALERT NETWORK (C.A.N.) TELECOMMJNICATIONS SYSTEM City Manager Netter explained the resolution as reviewed in the Council Meeting Memo. Upon motion by Councilman Hopkins, seconded by Councilman. Eck, and unanimously approved, reading of Resolution No. 92 -111 was waived and said resolution was adopted. Conmanications - Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1) City Manager Netter pointed out that items 4 and 5 on tonight's Communications List were League of California Cities Legislative Bulletins Nos. 21 and 22, as specifically requested by Council at the previous Council meeting. Council agreed that the aforementioned injunction to the State regarding "take backs" via communications with the League of California Cities would be sufficient action at this time. Rohnert Park City Council Minutes (20) June 23, 1992 2) Mayor Spiro referenced item No. 15 on the Comrunication List from Doris Day Animal League requesting resolution recomrrending education and legislation to curb pet overpopulation and said she would like to respond accordingly. Discussion followed confirming the deadline to Participate had already passed due to receipt of the information on June 11, 1992, which was between its two monthly regularly scheduled Council meetings. 3) Councilman Eck referenced letter of response from Senator Mike Thompson dated June 17, 1992 regarding the Brown Act and SB 1538 and said it looks like he is making some changes. He recommnded Council follow up with a complimentary letter of appreciation for his continued efforts. Council agreed. City Manager's Report: 1) Naming of "M" Park - City Manager Netter said the naming of "M" Park would be coming on line in the near future and asked if Council desired to request the Parks and Recreation Department to prepare similar procedures as was done for the recent naming of "R" Park wpar hich provided a way for the neighborhood to participate in the naming of the park. A motion was made by Councilman Reilly, seconded by Councilman Eck, and unanimously approved, directing staff to establish similar procedures for the naming of "M" Park as was recently done for "R" Park. 2) installation of new sound system in Council Chambers - City Manager Netter referenced copies provided to Council of staff report regarding the installation of a new sound system in the Council Chambers and shared contents therein. Discussion followed wherein Council confirmed the need of upgrading the sound system and commented on the defects of the microphone system experienced throughout tonight's meeting. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, installation of a new sound system in the Council Cbers by use of funds from the M. L. Media service account was unanimously approved. 3) November 1992 Ballot Measure deadline - City Manager Netter reminded Council that August 7th, 1992 is the last day to submit information for the November 1992 ballot. He responded to Council inquiry that he would find out details and deadlines for possible ballot measures pertaining to June 1993 election. 4) Sonoma Life Support - City Manager Netter referenced recent comn nication received from Sonoma Life Support confirming that they are not interested in pursuing the use of the Public Safety building on Southwest Blvd. He confirmed staff is working on the joint use for the Boys and Girls Club of Rohnert Park and the County Com mity School, as approved at the previous Council meeting. Rohnert Park City Council Minutes (21) June 23, 1992 5) SB 797 - City Manager Netter referenced communications from Mayors' and Councilmen's Association of Sonoma County requesting members to respond to the urgency of opposing SB 797 regarding Senator Becky Nbrgan's proposal on Regional Government. He said a recent letter was done, and that letter could be re -sent for the above - referenced response. Council agreed. City Attorney's Report: 1) Card room update - City Attorney Flitner shared comments regarding his review of card room legalities in various locations and said Bell Gardens, California has such an ordinance whereby card rooms are allowed to operate 24 hours a day with the limitation of one (1) card room per 15,000 population. He said there is a Supreme Court case involved in Colorado that could probably increase a city's ability to create some sort of exclusivity, but did conclude there could be a limit to reasonable population. The referenced Supreme Court ruling should be known fairly soon, and as this matter would have to go before the people, if Council desires, it could present the matter and how it would be limited, and then Council should know the results of the Court ruling by the August 7th ballot measure deadline indicated above by the City Manager. City Attorney Flitner said he talked briefly with Mr. Sissa who indicated that he was willing to contribute reasonably to the cost of the ballot measure with the above provisions. In summary, W. Flitner said he thought Council could grant the 24 hour per day operation and the population number can be limited, as well, but whether or not Council wants to do exactly as W. Sissa has requested, is up to them. Discussion followed during which Council comments included suggestion to consider the card room ballot measure with some limits; and recommendation to also require a use permit in order to have a mechanism for some type of control. Robert Sissa, 172 Fescue Way, referenced comparison to Bell Gardens and said it is similar to his card room request but there are 4 million people around Bell Gardens and it has about 280 tables. W. Sissa said he would basically run about 10 tables in comparison. He said the card rooms do create fairly decent revenues for the City and such terms would be established in the ordinance that would be written. W. Sissa further compared the population figures and additional revenues to the City without cost to the citizens of Rohnert Park, including requirement for a dealer's licenses. He said the proposed card room might even draw a lot of people from outside the area to Rohnert Park as he planned to offer specials like economical breakfasts and steak dinners. Council concurred to direct City Attorney to prepare the ballot measure with use permit procedures and requirements for the November 1992 election, for Council's further consideration, and to draft an ordinance for same with population limit and 24 hour operation. 2) Conflict of Interest report - City Attorney Flitner referenced Council inquiry at its previous meeting regarding possible conflict of interest of Councilmembers and spouses on the Boys and Girls Club Board, and said in his opinion, there is no conflict of interest as long as there is no profit and no compensation or financial impact to Boazdmembers involved. Rohnert Park City Council Minutes (22) June 23, 1992 Natters from Council: 1) City Manager Netter said the Windsor Inaugural meeting is scheduled in the Town of Windsor on Wednesday, July ist, 1992 at 7:00 p.m. 2) City Manager Netter said the 4th of July Founders Day Fireworks Celebration will be held at the Rohnert Park Stadium. 3) City Manager Netter said the REMIF Open House will be held at the Red Lion Inn on Friday, July 10th, 1992. 4) City Manager Netter said the Chamber of Commerce installation of Officers will be held at the Red Lion Inn on Wednesday, June 24th, 1992 at 5:30 p.m. 5) City Manager Netter said Rohnert Park Day at Sonoma County Fair will be on Wednesday, July 29th, 1992. 6) Mayor Spiro referenced letter dated May 13, 1992 from Sonoma County Board of Supervisors regarding appointment of a City Represen- tative to Northwestern Pacific Railroad Right of Way (NWPRR) Acquisition Committee from among the members of the Sonoma County Mayors and Councilmembers, and signified her interest in this appointment. A motion was made by Councilman Hollingsworth, seconded by Councilman Reilly, and unanimously approved, to recommend Mayor Spiro as the above - referenced appointment to the NWPRR Acquisition Committee. 7) City Manager Netter said, for Council's information, a General Plan meeting has been scheduled on Saturday, June 27th, 1992 to review the General Plan survey results. Discussion followed during which Council expressed concern regarding people going to the Post Office to get the surveys, which should not have been done, as well as understanding that surveys had not been distributed to certain areas. City Manager Netter responded that he had discussed these complaints with the Acting Postal Manager of the Post Office. Council concluded that this information should be shared at the referenced General Plan meeting to let the people know the credibility of the survey. City Manager Netter informed the City Council that the General Plan Committee has recommended video taping the referenced June 27th town meeting. 8) Rancho Verde Mobile Home Park - Councilman Eck reviewed his miscellaneous item, reviewed earlier during tonight's meeting, regarding Rancho Verde Nbbile Home Park and said the residents are running into a problem on rent increases and the offer to sign long term leases. He said he was hoping City Attorney Flitner could give a briefing on that situation. Councilman. Eck asked what happens to the holdouts or the small percentage of homeowners who do not sign long term leases, and what would happen if those residents were going to appeal. Discussion followed including Council comments that there was not anything it could do about this particular matter, since it is part of the responsibility of the Rent Appeals Board, and the procedures of Ordinance No. 494 are being followed. Rohnert Park City Council Minutes (23) June 23, 1992 9) Councilman Reilly referenced report regarding Waste Management Inc. and comments by District Attorney in San Diego, and said he thought Council needed to get more information on this matter. City Manager Netter said staff has discussed this matter with the Manager of Empire Waste Management and he said a complete report and audit has been completed and he would be happy to share the information with Council. City Manager recommends that the Council Committee comprised of Councilmen Hopkins and Eck could meet and further review the matter. Council agreed. Unscheduled Public Mayor Spiro asked if anyone in the audience wished to make an Appearances appearance at this time. Jim Clark, 80 Walnut Circle, said he was a little disturbed about the referenced Citizen Survey. Surveys do not tell us a thing when put out through a computer process, because questions are worked out in such a way as to get the answers that are wanted, so what is the sense of doing it? Craig Bassett, 718 Donner Way, Woodland, California, said he was visiting in the area and just had one brief point to make regarding such surveys. By whatever procedure a survey is done, there is usually a 2 to 6% margin of error, but at least a somewhat miniscule percentage of error. Therefore, the previously referenced concerns expressed regarding the Post Office would not be that big of a deal, since it would be covered in the margin of error. The overall number of surveys received would still reflect the anticipated response. Discussion followed during which Council comments included acknowledg- ment that the referenced Post Office distribution of surveys probably amounted to about 400. City Manager Netter confirmed that Mr. Bassett's observation was a correct statement, if the City received a substantial portion of the 14,000 mailed, but if the final tally is only 2,000, then the 400 would make a difference as it would be 20% of the total. To date, the City has received back approximately 1600 surveys as of yesterday. Adjournment - Mayor Spiro adjourned the meeting at approximately 10:12 p.m. to 5:00 p.m. on July 14, 1992 for a budget work session prior to the next regular Council meeting on that date. De Cit Clerk Mayor -1 City of Rohnert Park 1992 -93 Budget Wine Center Operation The Council approved an agreement between the Sonoma County Wineries Association (SCWA) and the City in May 1992. The City is leasing the 2+ acre site on the Southeast corner of Roberts Lake to the SCWA. SCWA will then construct a 13,000 square foot facility which will house the entire operations of the Wine Center. There will also be a space designated for offices to be occupied by the Chamber of Commerce. The following summarizes the financial transactions which will occur in 1992 -93 between the City and SCWA: T.O.T. rate increase Sonoma County VCB funding reduction Promotional funds to be paid to SCWA Ground lease pmts to be paid to City by SCWA 1992 -93 fiscal impact to City - additional revenues 1992 -93 Transient Occupancy Tax $900,000 1992 -93 Sales Tax $3,200,000 Full Year 7 Months (12/1/92 opening) $80,000 $80,000 50,000 50,000 (120,000) (70,000) 43,200 25,200 ------- - - - - -- ------- - - - - -- $53,200 $85,200 The positive impact on the City's budget for 1992 -93 does not take into accout any increased revenues the City will realize from increased tourism in regard to sales tax, transient occupancy tax or any other city revenues which may increase due to the Wine Center being in operation. The Transient Occupancy Tax is proposed to be increased from 10% to 11 %. This rate increase will generate approximately $80,000 in 1992 -93. The term of the lease is for 25 years. The Wine Center will be constructed from donations from member wineries ($700,000) and a loan secured by the master lease with the City ($800,000). The loan period is for ten (10) years. The promotional funds to be paid by the City ($120,000 per year) will cease when the SCWA loan is paid in full. The ground lease payments will continue for the remainder of the term of the lease. The City takes title to the facility at the end of the lease term. ROHNERT PARK CITY COUNCIL PUBLIC HEARING REAL PROPERTY TRANSFER TAX JUNE 23, 1992 As Co- Chairman of the Rohnert Park /Cotati Council of Realtors I would like to make the following statement: In 1978 the citizens of this great state of California said enough taxation on Real Property without a voice and a vote. And so city governments up and down the state have adopted the REal Property Documentary Transfer Tax to levy additional taxes on Real Property, even though the people have said no more taxes. We are sympathetic to the fact that the city is experiencing a major deficit and needs to raise revenue somewhere. However, we are opposed for the following reasons to any increase in Real Property Taxation. First: The Real Property Transfer Tax is a selective tax that taxes only a small number of homeowners. Why are you selecting a small segment of the residents of Rohnert Park to tax when all the citizens of Rohnert Park utilize the services of the city. The council has said over and over you support affordable housing and have provided through planning and zoning some of the most affordable housing in the county. But now want to levy additional taxes which makes it harder and harder for homeowners .4 to move up to their dream house or better yet to even qualify for their first house or condo. In talking with homeowners these past few days, the overwhelming response is no more taxes. We have signed petitions that number over -05 homeowners and residents who say they oppose any increase in real property transfer taxes. Just as the citizens of Novato went to the polls just recently and voted down a real property transfer tax, we ask you, our elected officials, to vote for no Real property Transfer Tax increase. Last year approximately 600 homes were sold for $114 million in Rohnert Park. If that amount were sold this year, and it does not look like it will, at the $.90 proposed increase you would raise about $100,000. With all the new stones in the regional shopping center why not raise sales tax a quarter or a half cent and raise the needed revenue from all the people instead of just a select few, who may be forced to sell their home because they lost their job or got a divorce or just needed a bigger house because they have a bigger family. In closing I applaud your dedication in performing a civic duty for the people of Rohnert Park in making decisions for your constituents. I believe we are speaking and I trust you will hear US. Thank you for listening. Steve Rogers Rohnert Park /Cotati Council of Realtors MEMORANDUM TO: City Council RE: Pacific Ordinance Mitigation Measures re: Mobilehome Park Closures, Cessation of Use, Etc. DATE: June 18, 1992 FROM: City Attorney Attached is a copy of the ordinance which the Council requested. It is a copy of the Pacifica ordinance. The Ordinance: 1. Requires the city to maintain a list of housing and relocation experts. 2. Requires an application for change of use of a mobilehome park, to file a report of the impact of the change of use on the mobilehome park residents. The report must address the issue of the availability of replacement housing and contain a relocation plan, including the cost of relocation. 3. If park occupancy falls below 20 %, unless due to act of God, the park owner must notify the city. If the park owner fails to do so, a resident of the park can do so. The determination is inspected by city staff and a hearing is held on the correctness of the decision by the Rent Review Board. 4. If it is determined that there is a change of use, t)-W)) the conversion report is requested from the owner and public= hearings before the Rent Review Board and City Council are scheduled as to the adequacy of the conversion report 5. If the owner or other interested party does not ac >7 ~c c with the determination of the Rent'. Review Board, under 3 then that determination may be appealed to the City Council. 6. Ultimately, a public hearing is held on the conversion impact report. The conversion impact report must address the mitigation measures proposed. 7. Reasonable costs of relocation including cost of relocating within 30 miles can be awarded. within the ordinance are several public hearings, if the affected party elects to request it. 8. Existing state law requires a mobilehome park owner to notify a tenant if any change occurs in the zoning or park use permit. Civil Code §798.27, If the owner elects to sell the park, notice must be given to the tenants. Civil Code §798.80. Notice must be given at least 30 days before the listing agreement is signed. Respectfully submitted, L - Y'� hn D. Flitner C ty Attorney