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1991/08/27 City Council MinutesRohnert Park City Council Minutes August 27, 1991 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 Eck presiding. CALL TO ORDER Mayor Eck called the regular session to order at approximately 6:20 p.m. and led the pledge of allegiance. Mayor Eck advised that a closed session commenced this evening at 6:00 p.m. to discuss one personnel matter and one litigation matter. He said no action wes taken and there was nothing to report at this time. ROLL CALL Present: (4) Councilmembers Hollingsworth, Hopkins, Reilly, and Mayor Eck Absent: (1) Councilmember Spiro (on vacation) Staff present for all or part of the meeting: City Manager Netter, City Attorney Flitner, Assistant to the City Manager Leivo, Planning Director Skanchy and Performing Arts Director Grice. Approval of Minutes Upon motion by Councilmember Hollingsworth, seconded by Councilmember Reilly, the minutes of August 13, 1991 were approved as submitted by the following vote: AYES: (3) Councilmembers Hollingsworth, Reilly and Mayor Eck NOES: (0) None ABSTAIN: (1) Councilman Hopkins ABSENT: (1) Councilmember Spiro Approval of Bills Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, the bills presented per the attached list in the amount of $1,037,913.29 were approved. Non - agendaed Mayor Eck queried if any Councilmember had any non- agendaed Matters items to add to the agenda. Councilman Hollingsworth said he had one item to add under Matters from Council. Mayor Eck he also had one miscellaneous item to add under Matters from Council regarding political sleaze factor. Councilman Reilly said he had one miscellaneous item to add under Matters from Council. Rohnert Park City Council Minutes (2) August 27, 1991 Unscheduled Public Mayor Eck stated that in compliance with State Law (The Brown Appearances Act), anyone in the audience who wished to make a comment may do so at this time. In most cases under legislation of the new Brown 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. Three citizens signified interest to comment on the letter from FAIRE regarding the proposed animal ordinance for mandatory spaying and neutering of dogs and cats scheduled later on tonight's agenda. C O N S E N T C A L E N D A R Mayor Eck queried if anyone had any questions regarding the matters on the Consent Calendar which were explained in the City Manager's Council meting Mbmo. Mayor Eck referenced Resolution 91 -180 and said he had no desire to remove any item from the Consent Calendar for discussion but simply wanted to commend staff for such fast action on the proposed Bicycle Facility Grant. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No.91 -177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK EXPRESSING APPRECIATION TO MJLTIVISION CABLE TELEVISION FOR ITS SUPPORT AND PROM7TION OF THE DOROTHY ROHNERT SPRECKELS PERFORMING ARTS CENTER Resolution No.91 -178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK URGING THE STATE LEGISLATURE AND GOVERNOR WILSON TO TOTALLY REPEAL SB 2557 AND ENACT LOCAL GOVERMUIr FISCAL REFORM Resolution No.91 -179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DECLARING THE WEEK OF SEPTEMBER 22 -28, 1991 "RIDESHARE WEEK" Resolution No.91 -180 A RESOLUTION APPROVING SUBMITTAL OF A CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT BICYCLE FACILITY GRANT Approval of Final Map, Windsong Condominiums, Phase 2, 80 unit condominium project on 3.42 acres by Windsong Apartment, 460 Ltd., a continuation of the existing condominium project on Camino Colegio just north of Hewlett- Packard. Approval of Parcel Map No. 137 and accepting dedication of public utility easement on 5.88 acres split into 3 lots located at Home Depot site on Redwood Drive. Rohnert Park City Council Minutes (3) August 27, 1991 Approval of Parcel Map No. 140 on 2.73 acres split into 2 lots located at east end of Professional Center Drive with abandonment of storm drain easement. (NOTE: This approval did not include dedication of new storm drain easement this easement was designated as private, rather than a public easement.) Upon motion by Councilmember Hopkins, seconded by Councilmember Hollingsworth, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. Scheduled Public Appearances: 1) Founders Days Lewis Kuehm, 1406 Gregory Court, said he was the facilitator of the Rohnert Park Founders Day upcoming event scheduled for September 21 -22, 1991 and presented a decorated cake to the Council on behalf of the City's 29th birthday. He said with the assistance of City staff it was discovered that the City's actual birth date is tomorrow, August 28th. Everyone joined in singing "Happy Birthday ". Mr. Kuehm distributed copies to Council of Founders Days schedule listing Committee leaders, participating merchants, and activities for the two day event (copy attached to original set of these minutes). He acknowledged the efforts of Toni Beach in the preparation of the above - referenced list. Founders Day representatives introduced themselves to Council as follows: Bob Jonas, Frank Eskew, Patty Coe and Clara Brown. Mayor Eck presented a proclamation in observance of 1991 Founders Days to the representatives and expressed appreciation for all the efforts involved for the success of this event. Mayor Eck commented on giving competition to the City of Cotati's festivals with Rohnert Park's Founders Days event as well as the upcoming Crane Melon Festival. 2) "Young Woman Ting Guggiana, State Chairman of "Young Woman of the Year ", of the Year" shared contents of copies provided to Council of his letter dated August 20, 1991 regarding this organization's request for financial assistance in the amount of $5,000. He expressed appreciation for cooperative efforts involved in working with City staff toward efforts in moving this program to Rohnert Park and referenced staff com ants as outlined in the Council Meeting Memo. Mr. Guggiana said he thought moving this program to Rohnert Park would be beneficial to both the City and the organization because of the Cultural Arts facilities available for their utilization as well as the fact that the program is of some national renown that would bring a lot of people and recognition to this community. Rohnert Park City Council Minutes (4) August 27, 1991 Discussion followed during which Council expressed approval toward bringing this program to Rohnert Park. Mr. Guggiana responded to Council inquiry and confirmed that the organization's decision has been made to move to Rohnert Park because of the state of the art facilities and, therefore, the City of Rohnert Park is no longer bidding against other comnmities. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to include "Young Woman of the Year's" request for $5,000 in next year's budget. Mayor Eck acknowledged that this amount could be offset by sales tax dollars and Transient Occupancy Taxes generated during the time that this event takes place in the City. Performing Arts 1) Year End Report 1990 -91 ® City Manager Netter said copies Center Matters were provided to Council of Dorothy Rohnert Spreckels Performing Arts Center Year End Report 1990 -91. Performing Arts Director Michael Grice shared highlights of the referenced Year End Report for the first year in business and responded to various Council questions regarding same. Discussion followed during which concerns were expressed regarding the deficit being higher than previously anticipated and the need to look at other avenues of revenue if the deficit does not improve considerably through the next year. Advertisement concerns were also reviewed to which Mr. Grice responded that the local newspaper prints programming publications on Fridays and sometimes on Sundays, but unless these are paid advertisements, there is no guarantee of any event being printed in the newspaper. In response to having more big name performers, Mr. Grice responded that it is a matter of the number of seats available for performances, that the cost of the big name performers usually begin in the $20,000 range and with only 500 seats available at the Center, the ticket prices would be too expensive to support the performance. He confirmed that arrangements with State Farm made the Steve Allen performances possible but that the intent of the Center was to meet the needs and interests of the local organizations and comrmmity talents and was never intended to attract big name performances. Mr. Grice said the short term figures look dire, but this will not be true of the long term. Rohnert Park City Council Minutes (5) August 27, 1991 Mayor Eck said the worse case scenario was created regarding the costs involved with the Performing Arts Center to be sure every detail was taken into consideration, compared its development with that of the Sports Center, and said it is a process of building the patron base. W. Grice confirmed there were start up costs in the first year that will benefit future years of operations. 2) Update on Subscriptions /Ticket Sales 1991 -92 Season - Performing Arts Director Grice reviewed 1991 -92 Season Subscriptions /Ticket Sales and said 594 seats were already sold this year as compared to 331 at this time last year. He said with the inclusion of the Ballet Company ticket sales, total subscriptions come to approximately 750. He explained the idea of subscription parties and how well these are working even in the beginning efforts. 3) Resident Company Contracts - Resolution No.91 -181 A RESOLUTION APPROVING AN AGREEMENT WITH J. KARLA LEM3N M PROVIDE SERVICES AS SYMPHONY CONDUC'IL7R/MJSIC DIRECTOR City Imager Netter explained the resolution and responded to Council questions regarding minor changes. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 91 -181 was waived and said resolution was adopted. Resolution No.91 -182 A RESOL rioN APPROVING AN AGREEMENT wITH DEBORAH PALESCH TO PROVIDE SERVICES AS ARTISTIC DIRECTOR FOR THE PERFORMING ARTS CENTER BAT.T.F"1' COMRANY City Manager Netter explained the resolution. He shared contents of copies provided to Council of letter dated August 22nd, 1991 from Anita Kane Rohnert Park Ballet expressing concerns regarding possible conflict for Deborah Palesch Ballet School Park. Mr. Netter said he had reviewed the matter with the concerned party and assured her that whatever Deborah Palesch does as a private facility is not connected with the City agreement, is simply another ballet school in Rohnert Park, and did not see it as a problem. Upon motion by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, reading of Resolution No. 91 -182 was waived, and said resolution was adopted. Mayor Eck introduced Symphony Conductor /Music Director J. Karla Lemon and Ballet Company Artistic Director Deborah Palesch who were present in the audience. Rohnert Park City Council Minutes (6) August 27, 1991 Friends of the City Nbnager Netter referenced copies provided to Council of Animals in the letter with attachments dated August 19, 1991 from Carol Redwood Empire Haggerty, Treasurer of Friends of the Animals In the Redwood (FAIRE) Empire (FAIRE) and shared contents therein proposing an ordinance for mandatory spaying /neutering of dogs and cats, and providing for a breeding license program. Mr. Netter commented on the matter as reviewed in the Council Nbeting Nbmo and said staff does not recommend that Rohnert Park be the "test" or pilot city for this program since there are many wre issues involved besides just euthanizing animals. Mayor Eck said Council would receive public comments at this time regarding this matter. Carol Haggerty Carol Haggerty, 167 Fescue Way, referenced her above- mentioned letter with attached proposed ordinance prepared by Santa Rosa Attorney Larry Weiss and said FAIRE is definitely in favor of such an ordinance. She said she understood there was approximately $14,000 in unclaimed spay /neuter funds in this City account which means people do not follow through with this opportunity when they adopt animals from the animal shelter. She introduced Attorney Larry Weiss to answer Council questions. Larry Weiss,Attorney -Larry Weiss, Attorney, 701 A 4th Street, Santa Rosa, said he prepared the referenced ordinance which is needed because of the unwanted animals that are euthanized. He reviewed reasons to pursue this solution to the problem, said there was an unnamed benefactor interested in contributing substantially to this effort, and responded to various Council questions. Discussion followed during which concerns were expressed regarding enforcement of such an ordinance, suggestion to wait and see how this approach works in the City of San Nbteo, and the possibility of offering a financial assistance program to encourage those who can't afford to get their pets spayed /neutered to participate instead of mandating through an ordinance. .I ..vuiL.111lICLiL Re,.l iy said it seemed like some sort of guarantee for at least two or three years and since it would not cost anybody that can't afford it, consideration should be given to finding out if residents of Rohnert Park are interested in such an ordinance. Mayor Eck said before considering an ordinance, and if money is going to be the enticement to get the job done, he did not think legislating the matter would be what makes it work, and suggested consideration be given to simply offering the needed financial assistance through provisions like the referenced unnamed benefactor. Councilman. Hollingsworth said he did not like the undependable factor of mystery underwriters. Rohnert Park City Council Minutes (7) August 27, 1991 A motion was made by Councilman Hollingsworth, seconded by Mayor Eck, to wait until San Mateo "s program is fully implemented and have staff evaluate its successes and pitfalls including the City Attorney's review of the ordinance before bringing this item back for further consideration, and approved by the following vote: AYES: (3) Councilman Hollingsworth, Hopkins and Mayor Eck NOES: (1) Councilman Reilly ABSENT: (1) Councilmember Spiro Nbbile Home Rent Mayor Eck said he was not prepared at this point to make his Control matters nomination to the Nbbile Home Rent Appeals Board and that he would rather Vern Smith continue as ' a Board Member until after the current litigation proceedings are finished. City Manager Netter said he would check with Mr. Smith regarding the matter. Parks & Recreation 1) Pepsi -Cola West request to build "Pepsi Playpark" - City matters Manager Netter referenced copies provided to Council of letter with attachments dated August 5, 1991 from Pepsi -Cola West regarding a proposal to build a "Pepsi Playpark" and shared contents therein as outlined in the Council Feting Memo. He said, in the past, Council has preferred not promote specific companies or products, and the policy question regarding tonight's proposal was whether or not Council chooses to endorse the advertising of Pepsi -Cola and meet the criteria expressed in the letter and attached agreement. Discussion followed comparing the difference between scoreboard advertisements and the extensive requirements of a promotional playground. A motion was made by Councilman Hollingsworth, seconded by Councilman. Reilly, and unanimously approved, to not submit an application to Pepsi -Cola West for a "Pepsi Playpark" because of Council's practice not to endorse specific products. 2) Round Table Pizza Women's Softball Team funding request - City Manager Netter referenced copies provided to Council of staff memo dated August 20, 1991 from Recreation Director Pekkain regarding Parks and Recreation Commission matters handled at its August 20th meeting which included approval of request for $1,000 to the Round Table Women's Softball Team to offset travel and lodging costs to the Triple Crown Nationals in Steamboat Springs, Colorado. The Commission did not approve the waiver of the $200 field rental fee. The item is on the agenda for ratification by Council as directed by previous policy for funding requests from local teams. A motion was made by Councilman Hopkins, seconded by Councilman Reilly, and unanimously approved, to ratify the Round Table Women's Softball Team request for $1,000 as approved by the Parks and Recreation Commission. Rohnert Park City Council Minutes (8) August 27, 1991 3) Burton Ave.Recreation Center /Head Start Program Agreement - Resolution No.91 -183 A RESOLUTION APPROVING A LEASE AGREEMENT WITH SONOM COU4TY PEOPLE FOR ECONOMIC OPPORTUNITY (SCPEO) FOR THE USE OF BURTON AVENUE RECREATION CENTER OFFICE AND CLUB ROOM FOR A COMPREHENSIVE CHILD DEVELOPMENT PROGRAM FOR THREE AND FOUR YEAR OLD CHILDREN City Manager Netter explained the resolution approving the Lease Agreement entitled above as detailed in the Council Maeting Memo. Discussion followed during which City Manager responded to Council inquiry that "Fun After 50" now utilizes the Senior Center. Mayor Eck expressed preference to standard fencing for the playground as compared to the plastic look of the environmental green, vinyl - coated chain link fence. Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, reading of Resolution No. 91 -183 was waived, and said resolution was adopted. Planning and Zoning: Planning Director Skanchy said copies were provided to Council of Planning Staff Report dated August 8, 1991 regarding File No. 1400 - University Center Project Draft Environmental Impact Report and shared contents therein. He referenced option plans on display to review alternatives considered and said staff recommends the plans that reduce the size of the shopping center from 11.8 acres to about 6 acres which will require a rezoning and General Plan Amendment. He said copies of the Draft and Final EIR prepared by Earth Mbtrics for this project were previously provided to Council for review and that a public hearing has been scheduled at this time which was continued from the August 13th, 1991 Council meeting. W. Skanchy said the Planning Commission adopted Resolution No. 91 -12 at its meeting of August 8th, 1991 reconmending that City Council certify the EIR for the University Center Project. He said copies were provided to Council of proposed resolution for consideration as prepared by the City Attorney. Mr. Skanchy introduced Brian McElroy of Earth Metrics who was available to respond to Council questions. Public Hearing Mayor Eck opened the public hearing at approximately 7:19 p.m. Steven Rogers Steven Rogers, 4675 Fir Court, ERA Realty, commended the Planning Department for down scaling the University Center plans but said he was opposed to any size new shopping center in the proposed area. He said vacancy is high in University Square, close to 50% at the present time, and the issue boils down to how many people can support such shopping centers. Rohnert Park City Council Minutes (9) August 27, 1991 The problem is being compounded by developing more shopping centers than can be supported by the surrounding community. Mr. Rogers commented on the limitations of the restricted growth plan and reviewed the greater need for student housing as compared to more commercial development. Bonnie Bechtel Bonnie Bechtel, 1451 Southwest Blvd., said she was one of the business owners in University Square. She said the Southeast quadrant of Rohnert Park is already overbuilt for retail use and development of another shopping center in the area is unfair to merchants and present shopping center owners. The demographics in that area would not support another neighborhood retail center let alone a large 11.8 acre center. She said she also opposed the name "University Center" as it is confusingly similar to the existing "University Square ". Jim Field Jim Field, owner of Lamppost Pizza, University Square, said he agreed with previous comments and opposed construction of a new shopping center on the south side of East Cotati Avenue across from Sonoma State University because of negative economic impact to local merchants. He reviewed background of his decision to locate his business at the University Center which included checking with the Chamber of Commerce and the Planning Department with information provided that only minimal development was anticipated for the next five years, and said he has only been open for one year. He did not feel the public notices were adequate to provide sufficient attention to the matter. He said he understood the economics of providing more jobs via smell business, but thought the economic impact of another shopping center would be very difficult. George Horwedel George Horwedel, 7669 Camino Colegio, said he just wanted to reiterate his comments made to the Planning Commission in thanking staff and Planning Commission for including the student housing in the plans because the referenced six acre location is ideal for the need. Noray H. Poppia Noray H. Poppia, 1451 Southwest Blvd., agreed with all the previous comments and said additional retail is not needed in Rohnert Park. She said her business located in University Square employees about nine students from SSU who are constantly trying to find student housing and hoped something could be done to help with solutions for that problem. She questioned the description of university type commercial usage referenced in the University Center proposal that doesn't already exist in the area. There being no one further desiring to speak, Mayor Eck closed the public hearing at approximately 7:30 p.m. Discussion followed during which Planning Director responded to the closing question above and said the term university commercial usage was discussed in the General Plan in May 1990 Rohnert Park City Council Minutes (10) August 27, 1991 and referred to the development of businesses in which one of the main thrusts would be places where the students would be comfortable to shop and basically referred to the design. Mayor Eck said concerns expressed during tonight's public hearing did not address EIR issues but were more descriptive of economic concerns and asked if these concerns could be incorporated as part of the EIR. City Attorney Flitner responded that the consideration before Council tonight was to determine whether the proposed project has significant impact on the environment and that economics are not the concern at this time even though this may be a factor in a minor way on the environmental impacts. Planning Director Skanchy responded to further Council questions confirming proper zoning and adequate sewage, pointing out that commercial use does not generate as much sewage as residential use. Brian McElroy, of Earth Metrics, said he agreed with comments as outlined tonight by City Attorney Flitner regarding Council's consideration to certify an Environmental Impact Report. In response to Council inquiry, he said an economical report can be done along with an Environmental Impact Report, if desired, but the economic and mitigating measures can be done purely at Council's discretion. He said to certify the Environmental Impact Report, Council is saying that adequate information has been received to make its decision regarding the specific EIR matter. He said there is no reference to being economically viable in the EIR for consideration tonight and, therefore, could not be deemed inadequate because of economics. Further discussion followed regarding the logic of free enterprise and business competition, requirements of economic impact reports, if and when deemed necessary, and confirmation that tonight's item deals strictly with certification of the Environmental Impact Report and not economics. Nhyor Eck commented on several concerns he had regarding this project when mitigating factors are reviewed even though it is understood these matters have to be properly addressed in the EIR. He said he hoped the full extended landscape strip would be developed along East Cotati Avenue similar to the strip along Commerce Blvd., he hoped the applicants would get in touch with the existing businesses and discuss concerns as expressed during tonight's public hearing, consideration should be given to directed lights in the parking lots in order not to interfere with the Astronomy Dept. at SSU, and consideration should be given to traffic signals at the affected intersection. City Manager Netter responded that the resolution for consideration tonight specifies that traffic signals and crosswalks should be installed at the Bodway Parkway and East Cotati Avenue. Rohnert Park City Council Minutes (11) August 27, 1991 Resolution No.91 -184 A RESOLiTrION OF THE ROHNERT PARK CITY COUNCIL CERTIFYING THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY CENTER PROJECT AS THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE UNIVERSITY CENTER PROJECT AND AUTHORIZING AND DIRECTING THE ROHNERT PARK CITY MANAGER TO FILE A NOTICE OF DETE MNATION IN THE OFFICE OF THE SONONA COUNTY CLERK Upon motion by Councilman Hopkins, seconded by Councilman Hollingsworth, and unanimously approved, with friendly amendment by Mayor Eck that all the people who expressed concern about the University Center Project during tonight's public hearing be mailed Council meeting agendas when this item is scheduled for further review, reading of Resolution No. 91 -184 was waived, and said resolution was adopted. RECESS Mayor Eck declared a recess at approximately 7:50 p.m. to enjoy the birthday cake presented earlier tonight by Founders Day representatives to celebrate the City of Rohnert Park's 29th birthday. RECONVENE Mayor Eck reconvened the Council meeting at approximately 8:00 p.m. with all Councilmembers present except Councilmember Spiro. Property Abatements City Manager Netter said repair work has been essentially done on the 7608 Blair Avenue property with the only exception being some additional drainage work and fence repair which should be completed by next week. He responded to Council inquiry that the property is now probably one of the best looking in the neighborhood. He also confirmed, at Council's request, that staff would check further on the roofing progress of 7512 Blair Avenue. "B" Section Meeting Mayor Eck referenced copies provided to Council of minutes of "B" Section Neighborhood meeting held on August 15, 1991 and said he requested that this item regarding the results of that meeting be placed on tonight's agenda. (Details of the four major areas of concern expressed during the meeting, as listed on tonight's agenda, were outlined in the Council Nbeting Memo.) 1) Inprovements of "B" Park - Mayor Eck referenced plans on display and recommended that the little strip pointed out for landscaping be referred to the Parks and Recreation Commission to finalize plans regarding costs, etc. City Manager Netter referenced the map on display and said, in addition to the above- referenced strip, that City Engineer Brust, Planning Director Skanchy and himself reviewed a dormant section on the School District property that is actually being used as a parking lot, and if it is needed as a parking area, maybe the City should gravel and landscape it accordingly and recommended referring this matter to the Parks and Recreation Commission for review. Rohnert Park City Council Minutes (12) August 27, 1991 Discussion followed during which consideration was given to the possibility of developing a survey for B Section residents to respond with ideas for that neighborhood, or providing information through a newsletter with explanation regarding disbursement of Community Development Agency funds and confirmation that consideration is being given to all the matters of concern expressed at the recent neighborhood meting. City Manager Netter confirmed several items that have already been given attention such as contacting P.G. & E. regarding the electrical problems, the Water Department regarding leaks, and all promised phone calls have been made. 2) SW B1vd.Shopping Center site - City Manager Netter said the owner of the empty building (formerly Crown Market)-has been called and he has agreed to obtain the necessary services of an electrician to light up the parking lot that has been dark since the former tenant moved, as well as provide a sweeper to clean up the areas of concern. The owner is working with other potential renters but has put forth extensive efforts toward having the Post Office in that location with complications due to the Post Office's preference to own buildings if floor space exceeds 5,000 sq. ft. The owner said he is not interested in selling but is willing to deal with very reasonable terms including accommodation and improvements of required needs. The owner prefers to hold off on other possibilities for the building if arrangements can be made for the Post Office since that could revive the shopping center. Council agreed efforts should be made to work through Senators and Congressmen to encourage making necessary arrangements for the Post Office to relocate to this location. Discussion followed during which City Manager Netter said the owner of the empty A & W building is also making efforts to sell and confirmed to Council inquiry that she has in mind the benefit it would be to the City to have a single shopping center property owner. City Attorney Flitner responded to Council inquiry and explained potential legal ramifications of eminent domain procedures as compared to exercising the option of abatement procedures. He said the City has the right under urban redevelopment to condemn properties under the blight aspect relating to health and safety hazards, and agreed with Council comment that leaving a building vacant is entirely the property owner's option. Discussion followed regarding the need for efforts toward retaining property values, as well as compliments toward the 50% improved condition of the shopping center with successful development of the west side businesses, and comments regarding the advantage it would be if single ownership of the shopping center could be encouraged. Rohnert Park City Council Minutes (13) August 27, 1991 3) Undergrounding of utilities - City Manager Netter referenced copies distributed to Council regarding the program for undergrounding of utilities in the City of Rohnert Park and shared contents therein pointing out the amount of $830,000 for the Adrian Drive project to give residents an idea of how mach such projects do cost. 4) Provisions for Maintenance/Upkeep of Residential Uhits - City Manager Netter referenced copies provided to Council of memo dated August 21, 1991 from Planning Director Skanchy regarding provisions in the Uniform Housing and Minicipal Code for maintenance and upkeep of residential units and said the memo was self - explanatory (copy attached to original set of these minutes). City Attorney Flitner distributed to Council copies of his memorandum dated August 27, 1991 regarding abatements and what constitutes health or safety hazards and public nuisances and shared the contents therein (copy attached to original set of these minutes). Mr. Flitner responded to various Council questions regarding this matter. Discussion followed during which examples were given of various situations in need of attention regarding this matter with conclusion that it is a mistake to address all the negatives and that, in order to restore a positive direction, a program could be initiated promoting pride in our City with the object being to make Rohnert Park a better place to live. Golf Course matters 1) Netting and fencing on 2nd tee of the North Course - City Manager Netter reviewed discussion with American Golf on the existing structure and netting on the 2nd tee of the North Course as outlined in the Council Meeting Memo with options being to to remove the existing structure and install telephone poles with nets or initiate a tree planting program. Discussion followed regarding the preference to planting trees such as fast growing, large pines and intermixing them with the existing redwoods and the need to discuss this matter further with American Golf due to previous comments of planting only redwoods to keep the integrity of the architecture of the course. Planning Director Skanchy confirmed that pines could be purchased in 48" boxes and as tall as 15 feet. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, to initiate a large pine tree planting program at the North Course as recommended above and to eventually eliminate the existing netting and fencing structure. Rohnert Park City Council Minutes (14) August 27, 1991 2) Temporary snack /refreshment facility on the North Course - City Manager Netter referenced plans on display and reviewed contents as outlined in Council Meeting Memo regarding the temporary snack /refreshment facility on the North Course. This item has been referred to the Planning Commission for review at its meeting of September 12, 1991 afterwhich, if approved, American Golf would install the temporary facility at this location under the conditions that provision be made for a permanent facility in American Golf's next budget year. Council Committee Member Hollingsworth confirmed it was the consensus at the recent meeting comprised of himself and City Manager with American Golf that the best location with the least amount of impact on the residents of the course would be behind the 18th green and pointed out the only house that would actually be impacted by the choice of this location. 3) East/West Course idea - Councilman Hollingsworth updated Council on recent discussion of the east /west course idea as outlined in the Council Nbeting Nemo. He said American Golf is seriously looking at this idea and was very receptive to it which includes doing a survey and the possibility of Mountain Shadows doing a two month trial period during a low season by splitting the north /south course into an east /west course followed by a request for convents from the comrunity golfers. AiltiVision Cable TV -City Manager Netter referenced copies provided to Council of letter dated August 14, 1991 from M- iltiVision Cable TV Corp. regarding deletion of KCRA and Customer Service Enhancements and shared contents therein as reviewed in the Council Naeting Nbmo. Discussion followed. Regional Government City Manager Netter referenced copies provided to Council of Policy Statement letters received from Valerie Brown, Mayor of the City of re. Bay Vision 2020 Sonoma dated August 13, 1991 and from Ben T. Collins, Councilmember of the City of Healdsburg dated August 14, 1991 regarding regionalism and the preparing of a Draft Policy Statement from the Sonoma County cities. Valerie Brown is spearheading the task force for the Mayors and is requesting Council's review of the documents and submittal of anv additional comments to be written in the draft position paper. Discussion followed during which Council agreed that the letter dated February 21, 1991 from the City of Gilroy (attached to City of Sonoma Nayor Brown's above- referenced letter), especially referencing the third paragraph entitled "Regional Government ", also clearly expresses this Council's view on the matter. Discussion followed. Rohnert Park City Council Minutes (15) August 27, 1991 State Water Resources -City Manager Netter referenced copies provided to Council of Control Board Hearing Notice of Public Hearing from State Water Resources Control re. Industrial Board regarding General Industrial Stornsaater Permit scheduled Stornsvater Permits for September 3, 1991 at 10:00 a.m. and shared contents therein as outlined in the Council Nbeting Memo. Mr. Netter reviewed discussion he had regarding this matter with City Engineer Brust and specifically pointed out concerns expressed regarding item #10 of the above- referenced Notice signifying the requirement of stormwater discharge permits for "construction activity that results in a land disturbance of five (5) acres or more" raising the question of whether or not the other cities are going to take a stand on the impact of such permits. Discussion followed during which City Manager Netter indicated this matter would be discussed further when the "construction activities" are impacted, and Council may want to respond at that time. Communications Communications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. 1) Councilman Hopkins referenced a number of letters from primarily senior citizens regarding water /sewer rate increases and said the City needs to establish a program for certain hardship situations. City Manager Netter responded that Council had directed staff to develop such a program at the previous Council meeting, at which Councilman Hopkins was absent. Mr. Netter said Council requested staff to present the program in one month, that staff is currently working on it, and the proposal is expected to be ready for presentation at the September 10th or 24th Council meeting. 2) Councilman Reilly referenced item #32 on the Communica- tions List from Rohnert Park Peace Officers Association regarding appreciation for recent support to the World Police and Fire Games in Memphis, Tennessee and requested that letters of congratulations be sent to the team members who participated in this event. Mayor Eck recommended that a single letter be sent to the team in order to simplify staff efforts. Council agreed. 3) Councilman Hollingsworth commented on item #21 of the Communications List from California Depart of Housing and Community Development regarding the $3,000,000 available to residents interested in purchasing mobilehome parks and questioned how this amount could be of much assistance after distribution to applicants when compared to the actual cost of mobilehome parks. Assistant to the City Manager Leivo responded that funds are made available periodically. City Manager Netter said the notices are received quarterly. Rohnert Park City Council Minutes (16) August 27, 1991 City Manager's Report:l) City Manager Netter said he would be attending the ICNA Annual Conference in Boston, September 21 -27, 1991. 2) City Manager Netter referenced flyers provided to Council regarding the 3rd Annual City Picnic to be held at A Park on Sunday, September 29th. He said this event has been a tremendous success the last two years. 3) City Manager Netter referenced copies provided to Council of letter dated August 14, 1991 from Sonoma County Municipal Court regarding the increase of parking surcharges on all parking tickets issued on or after October 1, 1991 as required by SB 21. Mr. Netter shared contents therein and "said the letter is requesting response from each agency that may want to increase parking ticket bails to offset the increased penalty surcharges mandated by SB 21. Discussion followed expressing concern regarding the continual increases in various fees and rate increases, especially from the County to assist in balancing its budget on the backs of city residents. A motion was made by Councilman Hollingsworth, seconded by Councilman Hopkins, and unanimously approved, not to request an increase in the City of Rohnert Park's bail schedule. 4) City Manager Netter said there was discussion several months ago about having some type of appreciation event for David Price of American Golf for his contribution to the Performing Arts Center. Mr. Netter said that since Mr. Price is the person to talk to regarding the golf course /resort improvements and since both Dan Ross and Jack Anderson are in favor of this, maybe a program could be put to- gether in conjunction with the Performing Arts Center. Council concurred. 5) City Manager Netter said a request has been received from the management of the School District to use the City Council Chambers for bi- weekly School Board meetings that are held on the 1st and 3rd Tuesdays of each month. Discussion followed during which Mr. Netter responded that the School District has signified flexibility whenever the Chambers might be needed for City Council, Commission and /or Committee meetings. A motion was made by Councilman Hopkins, seconded by Councilman Hopkins, and unanimously approved, for the School District to use Council Chambers for its Board meetings on the 1st and 3rd Tuesdays of each month as requested with the understanding that said meetings will be held elsewhere whenever large crowds are anticipated that would exceed the Council Chamber's capacity. Rohnert Park City Council Minutes (17) August 27, 1991 6) City Manager Netter said copies were provided to Council of letter dated August 16, 1991 from Attorney Jeffrey A. Walter questioning procedures on the low income housing project proposed by Burbank Housing on East Cotati Avenue. He said copies were also provided to Council of City of Cotati's August 14, 1991 meeting minutes with coumnts regarding this matter. Discussion followed regarding the need for consistency in community efforts to provide for low cost housing. 7) City Manager Netter said copies were provided to Council of letter dated August 29, 1991 from Vivian Look, Assistant Executive Officer, LAFCO File No. 91 -21 regarding Rohnert Park Reorganization (Home Depot) involving annexation to the City of Rohnert Park and Detachment from Bellevue Fire Protection District coming up on September 12th. He said, at this point, the letter is for Council's information, that he has briefly discussed this matter with City Attorney Flitner and has asked him to research it further regarding the question of whether or not it is really the role of LAFCO to mandate the referenced open space requirements. Discussion followed. 8) City Manager Netter said the Boatright Bill is currently on the Governor's desk that would mandate water meters in new construction. Discussion followed regarding the comparison of certain legislative support to mandate water meters while at the same time supporting the massive rice production industry and acknowledgment that the meter mandate is for installation, not use. City Manager Netter referenced current discussions discussions and negotiations with Sonoma County Water Agency for a revised use agreement. He mentioned the Water Agency's push to mandate meter usage for its contractors. Staff is against this proposal and has the veto power to avoid this condition. Discussion followed. 9) City Manager Netter said staff is in the process of preparing a report for Council's review regarding the increasing costs of the City's annual clean up week. He said the increased figures seem to signify that there is actually a lot of import garbage coming into Rohnert Park because of this provision to the conn=ity and that staff is preparing a central site program proposal for Council's review and consideration at the next meeting. Mr. Netter said the next fall clean up week will be sometime in October so there will need to be direction regarding this matter prior to that. Discussion followed during which suggestion was made by Councilman Hopkins to ask the City of Cotati if it would be interested if being involved in such a program. City Attorney's Report:1) City Attorney Flitner said Council had been brought up to date during tonight's closed session regarding details of the Mbbile Home Rent Control proceedings. He said the final hearing is scheduled for September 4th, 1991 in the Council Chambers at 7:00 p.m. Rohnert Park City Council Minutes (18) August 27, 1991 2) City Attorney Flitner said he would like to make a further brief comment regarding the EIR matter discussed earlier tonight. He said economics is not the consideration but that zoning is in the interest of public health, safety and welfare which is to keep in mind proper use of land and not whether somebody is going to make money. In the free enterprise system, property owners do have some rights when it comes to zoning, but caution has to be taken when it comes to economics because once you start down a certain road, the further down it you go, the greater those rights are. Matters from Council: 1) Staging of comTercial developments - Councilman Hopkins confirmed his interest in having this matter placed on the agenda and said the idea of staging commrcial developments came up with the approval of the Home Depot project. Mr. Hopkins questioned the wisdom of getting into staging development as these are the kinds of development that happens when it happens. He said there were many years of unfruitful efforts made toward the development of shopping on the west side of the freeway and now development has taken place. He said he wondered how staging could possibly be done and that, if people are going to talk about staging development, they should speak to the issue of how to do it. 2) Mayor Eck said the Mayors and Councilmembers Association General Meeting, Sausalito Boat Cruise, will be held on September 12, 1991. Councilman Hollingsworth said he would be out of town and unable to attend. Other Councilmembers confirmed they would notify City Manager's office individually regarding interest to attend. 3) Mayor Eck said the Crane Melon Festival will be September 14 -15, 1991 as scheduled and advertised. 4) Mayor Eck said Founders Days were scheduled for September 21 -22, 1991 as previously reviewed tonight under scheduled public appearances. 5) Councilman Hollingsworth requested that nylon tape not be used for sealing Council packets for opening ease and recycling purposes. 6) Mayor Eck distributed to Council copies of Chronicle article and jokingly shared contents regarding the top twenty occupations Americans most admire and the bottom twenty sleaziest ways to make a living. He said, again jokingly, that he was very upset with the sleaze factor to find out that local politician is #6 and congressman is #7 and thought local politician should be higher in ranking. Discussion followed. Rohnert Park City Council Minutes (19) August 27, 1991 7) Councilman Reilly said he has been asked a few times about jobs that will be coming into the area with higher income potential than the typical retail positions that would enable college graduates to stay in the neighborhood. Discussion followed confirming opportunities with such businesses as State Farm Insurance, Hewlett Packard, and others as well as the fact that the City does not have mach control over the matter. Comments were made that the main difficulty is with housing and that the demographics of Rohnert Park do not provide the image or enhancements to attract the type of people or the semantics of which the more affluent companies are looking. Also expressed was the idea that a dual society is generating across the country being the reason that more conrunities are moving toward service based jobs. Comparisons were made with affordablility of housing in the mid -west making it possible for young couples on minim m wages to purchase homes and is a big factor in running people out of this state. Reference was also made to the package published between the City and the Rohnert Park Chamber of Commerce regarding local information on housing, businesses and other comnuzity interests. Unscheduled Public Mayor Eck asked if anyone in the audience wished to make an Appearances appearance at this time. Adjournment Mayor Eck adjourned the meeting at approximately 9:24 p.m. Dep Cit leek Mayor "PRINIE TIME 29" - theme for 29th birthday of Rohnert Park 1991 Founder's Days celebration - Sept. 21 -22 Your Founder's Days Committee leaders are - Toni Beach..:;.; ) Co- chair - persons Patty Coe ) Jinny Lukas Recording secretary Sherry Durham Corresponding secretary Mike Lutz Treasurer Patrick.O'Connell Entertainment Clara Brown Art show Janice Brown Bed race and Teen events Carolyn Andreotti Children's stage Judi Morgez Publicity prep. Tom Lukas City Coumcil liasson Bob Jonas Special projects Lynn Hendel TV and radio advertising -- -Homer Rail City maintenace coordination - Dave Eck City Council representative Ann Rasmussen CLARION representative _.Rev. James Price Consultant on Sunday worship Lew Kuehm Facilitator PrO(e 4m-6-0 ROHNERT PARK FOUNDER'S DAY 1991 ENTERTAINMENT & ACTIVITIES & PARTICIPATING MERCHANTS ANNUAL ENTERTAINMENT Saturday 11:00 THE ANNUAL FOUNDER'S DAY PARADE along Hunter & Commerce Blvd 1:00 THE 5th ANNUAL BEDRACES on Arlen Drive at Alicia Park 1:30 RP PUBLIC SAFETY BIKE AUCTION at the Alicia Park Pool 2:00 KITE SHOW'S 1st CANDY DROP on the soccer field Sat. 2pm, 4pm, 6pm Sun. 1:35pm & 4:35pm ---------------------------------------------------------------------- +++++++++++++++ t++++++......++++++++ t++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ SATURDAY and SUNDAY FOUNDER'S DAY ANNUAL ART SHOW featuring EDDDY BOURNE'S FOUND ART KITE MAKING & FLYING with PAT and SKI LEWANDOSKI ++++++.+++++++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ ---------------------------------------------------------------- - - - - -- ENTERTAINMENT SCHEDULE on the main stage Saturday, September 21 Sunday, September 22 12:30 RP COMMUNITY BAND 12:00 RP BALLET 1.00 FANTASTIC FEET DANCE GROUP 1:00 RP BARBERSHOP QUARTET 2:00 AWARDS, MAYOR, DIAPER DERBY 1:30 ZOLTAN (band) 2:30 RP GYMNASTICS 2:30 S.C. MARTIAL ARTS 3:00 CISCO & THE KIDS (band) 3:00 KEN WINNETT QUARTET 4:00 JAZZERCISE 4:00 VFW DRAWING 4:30 QUIETFIRE (band) 4:20 TUDO BEM (band) * ** SATURDAY NIGHT DANCE * ** UNDER THE STARS Dance to the music of CISCO and THE KIDS From 6:30pm to 10:30pm at the main stage ROHNERT PARK FOUNDER'S DAY 1991 ENTERTAINMENT & ACTIVITIES & PARTICIPATING MERCHANTS, TEEN EVENTS Sunday Afternoon Only 12:00 -1:00 TEEN TUG of WAR 11:00 -5:00 MOON WALK BOUNCE 12:00 -5:00 VIDEO ARCADE GAMES 1:00 -4:00 LONG BALL TOURNAMENT 1:00 -2:00 Pee Wee 2:00 -3:00 Bambino 3:00 -4:00 Seniors 4:00 ANNOUNCEMENT OF WINNERS & PRIZ by Leff & Janice Brown on the soccer field by Allan Sands Entertainment on the soccer field by Dodge City Amusements on the blacktop by Leff & Janice Brown on the baseball field 5 -8 yrs 8 -12 yrs 13 -18 yrs ES MUST BE PRESENT FOR PRIZES SCHEDULED to APPEAR on SUNDAY on the blacktop SKATEBOARD demonstration by ALVIN'S SKATEBOARD SHOP STUNT BIKES demonstration by BIKE HUT ROLLER BLADES demonstration by SANTA ROSA ROLLER BLADE TEAM GO CARTS TO GO demonstration & rides by GO CARTS TO GO ROHNERT PARK FOUNDER'S DAY 1991 ENTERTAINMENT & ACTIVITIES & PARTICIPATING MERCHANTS CHILDREN'S THEATRE Sunday Only GRAND OPENING Clowns & Bubble Gum Contest The Perfect Performers' Puppet Show Wild Cat Sue Julie's Flute Sonoma County's Martial Arts (for toddlers) Jeri the Clown & Bubble Blowing Plant a Seed & Animal Imitation Contest Anita Kaine's Ballet (for toddlers) The Perfect Performers' Play SNICK SNACK Off to the CANDY DROP toddler parade Fantastic Feet Hoopla the Clown (Mary Naegler) The Perfect Performers' Puppet Show MR, McGREGOR Les Poissions (from the Little Mermaid) w Marlena Espinoza Juan Fogal's Taekwondo (Martial Arts) Linda Trone's Body Movements Off to the CANDY DROP toddler parade ROHNERT PARK FOUNDER'S DAY 1991 ENTERTAINMENT & ACTIVITIES & PARTICIPATING MERCHANTS MERCHANTS & VENDORS Throughout the Weekend! ST. JOHN'S UNITED METHODIST CHURCH SPEBSQSA ROHNERT PARK CHAPTER EL RANCHO LIONS CLUB BOY SCOUT TROOP 314 KIKI BOB'S CROSS & CROWN LUTHERAN CHURCH PAARP �iEALDSBURG BOYS & GIRLS CLUB UNCLE BILL'S CORN DOGS AMERICAN WILDLIFE RESCUE SERVICE COOPER'S RANCHO COTATI HIGH SCHOOL ROHNERT PARK LADY LIONS VETERANS of FOREIGN WARS CUB SCOUT PACK 314 S.C. ASTRONOMICAL SOCIETY FUN AFTER FIFTY CLUB YMCA ROHNERT PARK ANIMAL SHELTER ROHNERT MEADOWLARKS RICHSIGNS HAMBURGERS & SODAS CORN ON THE COB COTTON CANDY SNO -CONES ICE CREAM & FROZ. BANANAS 04)zaIA PILIPINO CUISINE BURRITOS & ICE TEA CORNDOGS, SODAS & PINK POPCORN CALAMARI, RIBS & DRINKS HOTDOGS ETC CANDY SHOP FISH TOSS GAME RAFFLE TICKETS DIME TOSS GAME TELESCOPES TO SEE THE SUN INFORMATION BOOTH INFO & TEEPEE FUN PET INFORMATION 4 -H & PET INFORMATION 1991 FOUNDER'S DAY T- SHIRTS MERCHANTS & VENDORS Throughout the Weekend Cont'd KAY & WANDA PUNCH EMBROIDERY CREATIVE MEMORIES MADE FROM SCRATCH EAGLE PROMOTIONAL PRODUCTS TONI'S TRI CHEM QUECHUAN CRAFTS COOPER'S WOOD A HEALING TOUCH ROBERT CHESTNUT HEALTH WITHIN CHIROPRACTIC CL. DEBBIE DAILEY _T I M -N- I HANG EM' HIGH GALLERY PETALUMA VALLEY HOSPITAL LYNNETTE YOSHIKAWA TOY & MODEL FLORA JEW T & T APPAREL MARY GODSEY IRMA NIEVES WEST COAST COMICS & CARDS COOPER'S CUSTOM BUTTONS FAMILY AFFAIR SYLVIA RAULINO KER LY M. RAINS & B. HARVEY DISCOVERY TOYS KITS & ACCESSORIES & GIFTS PHOTO ALBUMS & SUPPLIES CRAFT CONSIGNMENT SHOP BUDWEISER NOVELTIES CRAFTS, SUPPLIES & GIFTS PERUVIAN WOOL TAPESTRIES ETC REDWOOD BURL PICTURES & TOYS THERAPEUTIC MASSAGES HAND - SCREENED SPORTSWEAR DR. SALLY ANNE HARPER COUNTRY CRAFTS HANDMADE JEWELRY OIL PAINTINGS HEALTH SCREENINGS & INFO CERAMICS & COUNTRY CRAFTS TOY & MODEL SHOP HAND PAINTED DINNER PLATES BAGGY PANTS & ACCESSORIES SOLDER WANDS, PENNENTS ETC HANDBAGS & JEWELRY COMICS & BASEBALL CARDS DESIGN YOUR OWN, PHOTO ETC •> HANDCRAFTED CERAMICS CHILDREN'S JEWELRY, MAGNETS NEEDLEWORK 3 DIMENSIONAL OUTDOOR TULIPS NANCY HARLAN'S TOYS LEE'S GIFTS WILL OGREN CATHARINE KEZAR LOIS HILLARD PENNY STARBIRD PAPA'S WOODWORKS WINDSOR CRAFTS MERCHANTS & VENDORS Throughout the Weekend Cont'd To be continued PORCELAIN DOLLS & CRAFTS EAR & FINGER RINGS RUBBERSTAMPS & ACCESSORIES DECORATIVE PAINTING ON WOOD SEA SHELL JEWELRY WOOD CRAFTS TILE TRIVETS, MUGS & RACKS /- �PETALUMA _i VALLEY HOSPITAL ROHNERT PARK FOUNDER'S DAY SCHEDULE OF ACTIVITIES Petaluma Valley Hospital's Booth Saturday, Sept. 21 10 a.m. to 6 p.m. - Free Balloons * Children's Fingerprinting 10 a.m. to noon - Cholesterol Screening ($10.50) call 778 -2664 to pre- register Noon to 3 p.m. - Yo -Bros demonstration NutritionQuest Puppeteer Show Noon to 6 p.m. _ Babycare for Big Brother and Sisters with life -size baby dolls Sunday, Sept. 22 Noon to 5 p.m. - Free Balloons * Children's Fingerprinting Noon to 1 p.m. - Cholesterol Screening ($10.50) call 778 -2664 to pre- register 1 to 5 p.m. - Babycare for Big Brother and Sisters with life -size baby dolls * As long as supply lasts Contact: Patricia Mede (707) 778 =2664 400 NORTH WDOWELL BLVD. PETALUMA, GA 94954 -2339 FAx 707/778 -1425 PHONE 707/778 -1111 A District Hospital Administrator: Charles E. Cowen Petaluma Hospital District Board of Directors: Jerome Beatie, M.D. Franklin J. Burns Frederick A. Groverman. D.V.M. Herbert Newburger, M.D. Sue Ellen Thompson MEMO / TO: JOE NETTER, CITY MANAGER cc: Honorable Mayor David Eck City Council Members FROM: PAUL SKANCHY, PLANNING DIRECTOR SUBJECT: PROVISIONS IN THE UNIFORM HOUSING AND MUNICIPAL CODE FOR MAINTENANCE AND UPKEEP OF RESIDENTIAL UNITS DATE: AUGUST 21, 1991 Section 1001 of the Uniform Housing Code, Paragraph H, requires that the exterior of all buildings shall be weather proofed with paint or other protective coverings. Based on this sections of the Uniform Housing Code, the City of Rohnert Park can require homeowners to paint all structures if it is determined that the exterior is exposed to potential damage by weathering or ter- mites. Section 401 of the Uniform Building Code requires that unsound fences or structures shall be corrected or dismantled in order to protect the safety of the general public. Section 8.08 of the Municipal Code allows the city to abate all weeds. Section 8.12 allows for the control of garbage and garbage con- tainers. Section 17.08.110 prohibits the storage of inoperative motor vehicles and the repair of in residential neighborhoods. Section 17.08.120 prohibits the storage of dismantled or inopera- tive motor vehicles, garbage or trash receptacles (except during the day of garbage pick -up), building materials (unless the applicant has an active building permit) or any junk or debris in front or side yards exposed to any street or adjacent properties. Section 17.08.220 prohibits the storage of any garbage, trash, building materials, equipment (unless totally enclosed and screened by a fence of 3 1/2 ft. or higher. This section prohib- its the storage of any dismantled or inoperative vehicles in any residential neighborhood. PS:mem MEMORANDUM DATE: August 27, 1991 TO: City Council RE: Abatements OY City Manager Netter has asked me to comment, in a general way, to a request by Mayor Eck as to the right of public agency to require a resident to paint his house. At least that is the way I understood the original oral inquiry relayed by Mr. Netter. Later that request was expanded to an inquiry about the right of a public agency to abate nuisances such as weeds, debris, unsightly yards, etc. The right to abate items that constitute health or safety hazards is located in the police powers held by all municipal corporations and is most commonly exercised under the law of nuisance. Normally the city finds and declares that a certain activity or condition is a nuisance and provides a process and a method for its abatement. Unless the nuisance is of such severity the public health and safety is faced with a direct and immediate threat so as to constitute a true emergency, the abatement of a nuisance is preceded by notice and hearing. Nuisances which are abated in this fashion and which are recognized in the law are, among others: 1. Weeds and Rubbish. Government Code §39501 provides that a . . . "legislative body may compel the owner, lessee, or occupant of a building, grounds, or lots to remove dirt, rubbish, weeds and rank growths from buildings, or grounds and adjacent sidewalks." If the party fails to remove the items, the legislative body may do so after notice. Government Code §39502 provides that a legislative body may adopt an ordinance which requires the removal of the items mentioned and further provides for enforcement of lien rights if the owner of the property does not reimburse the legislative body for cost of removal, if incurred. 2. Cesspools. Government Code §54352 Health & Safety Code §4762, 5009. Government Code §38771 provides as follows: "By ordinance the city legislative body may declare what constitutes a public nuisance." Civil Code §3479 defines a nuisance as: "Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway is a nuisance." A public nuisance is " . . . one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.' Civil Code §3480. "Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance." Civil Code §3482. Generally speaking, the City Counsel has broad discretion and power to declare what constitutes a nuisance and how it shall be abated. With regard to the specific question regarding painting, Section 1001 (h) 3, of the Uniform Housing Code, which is part of the Rohnert Park Municipal Code, provides that "Faulty Weather Protection" for housing includes "defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering." This section and a companion section in the Uniform Housing Code are the sections cited to me as authority to require a homeowner to paint his home. I do not quarrel with the intent of the law, however, I believe it should be objectively applied, subject to other guidelines or standards. For example, I do not believe if a home has a dun and drab appearance, the City can require the owner to paint the house to make it more compatible with the neighborhood. On the other hand, I believe a structure that is obviously disheveled or dilapidated and has a poor appearance can be subjected to City requirements to update and improve under the Building Code and under nuisance rationale. The difficulty I have had with the general concept in the past and an area in which I have had some discussions with City staff is that if the imposition of the fix up /paint up requirement 2 becomes subjective rather than objective and is not measured by some criteria or is based on aesthetics or one's personal opinion of what constitutes "good appearance" rather than standards consistent with the public safety or welfare or within parameters which can reasonably be considered a nuisance, I believe the imposition of arbitrary requirements or determinations would impinge on one's freedom to hold and enjoy property. In my opinion, the City has the powers necessary to update or modernize any dwelling that is a nuisance or public hazard. My point about being reasonable is best expressed by the following quotation from volume 7A, of Municipal Corporations, by McQuillan, at page 171:" "The application and enforcement of building codes and ordinances must be reasonable, and decisions by officials under these codes and ordinances cannot be arbitrary. Furthermore, the requirements of a municipal building code must be uniformly applied. "The fundamental rule that an ordinance must prescribe a legal standard to govern its enforcement and not leave its enforcement to the arbitrary discretion of officials or of the municipal legislative body is applicable with respect to building codes and ordinances. Accordingly, an ordinance delegating to officials power to prohibit new buildings or changes of use which in their opinion create hazards from fire or disease, or menace the public welfare, security, health or morals is invalid because it delegates to them arbitrary, undefined and unreasonable powers. Likewise, full discretionary power in an administrative officer, without standard to guide him or her, to determine that a building is unsafe or a fire menace or otherwise a public nuisance and to abate, remove or destroy it as such, is an unlawful delegation of power. Also, requiring permission of the chairman of a building committee to remove a wooden building is invalid. But where the ordinance creates a standard to govern these officials, and is otherwise reasonable, it is valid." Respectfully submitted, JOHN D. FLITNER City Attorney 3