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1990/03/27 City Council Minutes►� - II Approval of Minutes Approval of Bills i�.... _.. ZA -0* . -_0fi 7�Z. -� Rohnert Park City Council Minutes March 27, 1990 The Council of the City of Rohnert Park met this date in regular session commencing at 7:00 p.m. in the City Offices, 6750 Commerce Boulevard, Rohnert Park, with Mayor Hollingsworth presiding. The open regular session was preceded by a closed session which commenced at 7:00 p.m. Mayor Hollingsworth called the regular session to order at approximately 7:50 p.m. and led the pledge of allegiance. He advised that a closed session commenced this evening at 7:00 p.m. to discuss litigation matters and personnel matters. Present: (5) Council members Cochran, Eck, Hopkins, Spiro and Mayor Hollingsworth Absent (0) None Staff present for all or part of the meeting: City Msnager Callinan, City Attorney Flitner, Planning Director Skanchy, Director of Administrative Services /Assistant to the City Manager Netter, and Assistant to the City Manager Leivo. Upon nation by Councilman Hopkins, seconded by Council I�mber Spiro, with a correction by Council Member Spiro at the bottom of page 11 and top of page 12 under General Plan Update, the university given as an example was UCSB, not USC and at the end of the same sentence it should read, "whether or not the City 'has planned for it "', not "whether or not the City 'approves "', the minutes of March 6, 12 and 13, 1990 were unanimously approved. Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the bills presented per the attached list in the amount of $1,581,781.72 were approved. CDA bills presented per the attached list in the amount of $138,991.39 were approved. Mayor Hollingsworth queried if any Council member had any non- agendaed items to add to the agenda. Councilman Eck said he had two miscellaneous items. Rohnert Park City Council Minutes (2) March 27, 1990 Lbscheduled Public Appearances Mayor Hollingsworth stated that in compliance with State Law (The Brown Act), anyone in the audience wino wished to make a comment may do so at this time. G= R= ELEMENTARY sa=L GRANT Mayor Hollingsworth said in consideration of students in the audience and the lateness of the hour on a school night, that the agenda item regarding the Gold Ridge Elerentary School m ld be handled at this tiro. Gerald Griffin, 1514 Garfield Court, distributed copies to Council of his letter outlining contributions totaling $500 from local businesses and organizations to help fund an outdoor education program for the fifth grade students at Gold Ridge School and shared the contents therein (copy attached to original set of these minutes). This was in response to Council's offer at the previous Council meeting to match funds regarding a request for a $1,000 grant for this program. Council concurred to authorize a payment of $500 to match funds for the Gold Ridge School outdoor education program for the fifth grade students. Fifth Grade Teacher Loralee Brown expressed appreciation to the Council and introduced nine students to read prepared letters of appreciation as follows: Chrissy Adams, Jenifer Reagan, Joselyn Rend, James Farcia, Jesse Barbato, Corey Eazor, Jaime Hankerson, Jami Stoll and Misty Sunahara. A letter of appreciation was also submitted from Julan Pekkain, Principal of Gold Ridge Elementary School. Mayor Hollingsworth extended congratulations on behalf of the Council to the Fifth Grade Students of Gold Ridge Elementary School for a job well done. SENICR' S APPRREC=CNi FCR MEALS PROGRAM Hazel Brubaker, 234 Arlen Drive, presented a cake in appreciation of the Council's continued support of the senior's program for meals. She read cards of appreciation to the City Manager and City Council members that were signed by recipients of the program. RENT O lUML LAWSUIT Annette Lyons, President of the Valley Village Assoc., 14 Walnut Circle, said she was not here to apologize for those picketing City Hall this week in regard to wanting to know what is going on with the Nbbile Home Rent Appeals Board lawsuit. She referred to a written staterrent to Council regarding this matter and shared the contents therein (copy attached to original set of these minutes). Rohnert Park City Council Minutes (3) Nhrch 27, 1990 Arthur E. Anderson, Valley Vista Nbbile Home Park, 240 Walnut Circle, distributed copies to Council of a letter sent to The Press Democrat and the Clarion regarding the Rohnert Park Rent Control Law and shared the contents therein (copy attached to the original set of these minutes). 1990 CENSUS Dr. Neal Francis, District Office Manager of the U.S. Department of Commerce /Bureau of the Census, explained that correction had been made regarding the 1990 Census forms delivered this week to Rohnert Park households with the Cotati City address and assured Council that the residents of Rohnert Park will be counted. He explained how the 15 -digit bar code on the census envelope was unique to each housing unit. If the questionnaire has not arrived by Thursday, residents should call the toll free number 1- 800 - 999 -1990. ELECTION TERMS George Horwedel, 7669 Camino Colegio, distributed copies to Council of his recommendations in regard to making the office of Mayor an elected two year term, with Council members elected to only two (2), two year terms and shared the contents there (copy attached to original set of these minutes). COAL PLAN Harvey Bell, 700 Lindsay Avenue, asked if the resolution for consideration regarding the Redwood Drive widening project was going to stay on tonight's agenda to which the Mayor responded this item would be dealt with at the scheduled time in the meeting. Mr. Bell said the recent survey results strongly indicated that the citizens want a voice in the City's future and prepared proposals in response to that. He distributed copies to Council of two proposals regarding 1) Urban Boundary Proposal for an ordinance, and 2) Reduction of Sphere of Influence Proposal for a resolution signifying a retraction by LAFCO (Local Agency Formation Commission) and shared the contents therein (copy attached to the original set of these minutes). He requested that these two items be placed on the next Council agenda. Discussion followed regarding above- mentioned requests to put items on the next Council agenda. A motion was made by Councilman Cochran, seconded by Council Nbmber Spiro, to place items on the next agenda regarding election terms, Urban Boundary Proposal and Reduction of Sphere of Influence Proposal to be presented to LAFCO for a retraction of the Sphere of Influence, and approved by the following vote: AYES: (4) Cochran, Eck, Spiro and Hollingsworth NOES: (1) Hopkins Rohnert Park City Council Minutes (4) March 27, 1990 Councilman Hopkins said that City Council should not be equated with the U.S. President, the 22nd Amendment was established in the Franklin D. Roosevelt days, and the Council has already gone on record regarding changes to statements in the General Plan. RENT OCN ROL LAWSUIT John M=in, 203 Circulo Nuevo, asked if Council could proceed Jl+ t the City Avty riey S report regarding the Refit Appea 1 s Board lawsuit for the benefit of mob i 1 e home owners in the audience. Nhyor Hollingsworth said efforts are being made to discover the best course to take for the benefit of the people living in the five mobile home parks. It is necessary to find out what damages might be placed on the City and on the residents. It is not an easy issue to solve but quite complex. The mobile home park residents also have the support of many people in the corrxrrmity. At this point in time, however, because of the litigation, any further statements mist be withheld. City Attorney Flitner said efforts have been made through his office regarding the urgency and effects of the Judge's ruling on the Rent Appeals Board lawsuit. This matter is being investigated to determine the affects of the Judge's ruling and how it relates to Ordinance No. 494. More information should be available within thirty days. Annette Lyons, 14 Walnut Circle, expressed appreciation to the Council for the update on the Rent Appeals Board lawsuit. She said the mobile home park residents would not have been in fear if Council would have shared this information earlier to which Mayor Hollingsworth extended apologies. John Marnin, 203 Circulo Nuevo, said based on the opinion rendered by Judge Weinstein on the rent control matter it appeared the park owners would benefit rather than the residents which is an unfortunate situation. Who knows how far it will go? Everyone is subject to error but should not let it get carried away. Mr. A rein expressed appreciation for Council's time. Arthur E. Anderson, 240 Walnut Circle, asked if the rent control law is in effect at this time. City Attorney Flitner said the City entered into the "Green Book" Agreement then, subsequently, the people voted ill Wbile Home Rent Control (Ordinance No. 494). Judge Weinstein has rendered a decision that the "Green Book" Agreement should be honored for its term. As previously discussed, an attempt is being made to clarify this issue. Rohnert Park City Council Minutes (5) March 27, 1990 Mayor Hollingsworth said a final decision has not been received on the rent control matter and requested the =bile home residents to be patient. Mayor Hollingsworth queried if anyone had any questions regarding the matters on the Consent Calendar. Acknowledging the City Manager /Clerk's report on the posting of the agenda. Resolution No. 90 -61 RESOLUTION ACCEPTING SUBDIVISION IMPROVEM= AND AUTHORIZING RELEASE OF SECURITIES, SPRECKELS PLACE UNIT 1 Resolution No. 90 -62 RESOLUTION ACCEPTING SUBDIVISION INPROVEV= AND AUTHORIZING RELEASE OF SECURITIES, SPRECKELS PLACE UNIT 2 Resolution No. 90 -63 A RESOLUTION ACCEPTING COMPLETION AND DIRECTING CITY ENGINEER TO FILE NOTICE OF COMPLETION ROHNERT PARK EXPRESSWAY WEST EXTENSION PROJECT NO. 1984 -21 Resolution No. 90 -64 RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING THE FILING OF A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT FUNDS FOR FISCAL YEAR 1990 -91 Resolution No. 90 -65 RESOLUTION DECLARING WEEDS GROWING UPON OR IN FRONT OF CERTAIN PROPERTIES WITHIN THE CITY OF ROHNERT PARK TO BE A PUBLIC NUISNCE, DIRECTING THE CITY MANAGER TO POST NOTICE THEREOF AND DETERMINING HEARING DATES AS REQUIRED BY CHAPTER 8.09 OF THE ROHNERT PARK M- NICIPAL CODE Resolution No. 90 -66 RESOLUTION CALLING FOR SEALED PROPOSALS FOR MAINTENANCE AND REPAIR OF CITY -OWNED RADIOS AND ELECTRONIC RADIO EQUIPMENT Resolution No. 90 -67 A RESOLUTION ACKNOWLEDGING RECEIPT FROM EMPIRE WASTE NONAGE = OF NOTICE OF ELECTION TO EXERCISE OPTION TO EXTEND AGREE = Ratify appointment of Lena Bloeser to Sister City(s) Relations Committee Rohnert Park City Council Minutes (6) March 27, 1990 Upon motion by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, the Consent Calendar as outlined on the meeting's agenda was approved. W4_47-It a1 J.f II Kendra I&-Kenna, Program Director of YWCA of Sonoma County expressed appreciation to the Council for past and continued support of the Women's En-ergency Shelter Progam?. The shelter now has twenty -three beds plus cribs which represents an expansion this year of seven beds. Efforts are being made to extend services to the southern part of the County of which nine women and thirteen children are currently utilizing the shelter and there are multiple hot line calls. Copies were provided to Council of a letter of appreciation dated February 28, 1990 from the YWCA of Sonoma County. Pat Anderson, Rancho Cotate High School, P.T.S.A., said she was representing "Project Graduation" 1990, a program that promotes driving alcohol free to keep a safe environment. She presented a plaque to the Mayor for the Council in appreciation of fee waivers in the past years for the use of the Sports Facility for this occasion and distributed pictures of last year's party. She requested use of the Sports Facility for "Project Graduation" 1990 on June 15 and asked if the fees could again be waived. She confirmed to Council that the date had been cleared with the Sports Center. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to waive the fees for use of the Sports Center on June 15 for "Project Graduation" 1990. Story Telling Festival Lilith Rogers, Co -Chair of the Sonoma County Storytelling Festival Committee, 7725 Santa Barbara, referred to copies provided to Council of her March 1990 letter with proposed budget requesting funds for this year's festival on November 2,3 and 4 with plans to utilize the new Performing Arts Center and the Commmity Center and shared contents therein. She introduced Sandra MacLees and Pam Brown to explain details of the story tellings and workshops for the event. Discussion followed regarding the amount of the request, reasonable fee schedules established at the Performing Arts Center for such groups, and the types of stories planned for the Story Telling Festival. Council concurred that this matter should be deferred and presented for consideration at the fiscal year 1990 -91 budget review sessions. Rohnert Park City Council Minutes (7) March 27, 1990 Gift to Hashimoto, Japan,/City Mayor Status of Rule 20A Funds by P.G.&E. Gordon Adam, Chairman of Rohnert Park Sister City(s) Relations Committee said Miho and Don Kite were leaving tonight for Japan. An engraved clock was purchased for the Kite's to take with them as a present from the Council to the Hashimoto City Mayor. The City of Hashimoto has presented the City of Rohnert Park with gifts when visiting here in the past. A motion was made by Council Member Spiro, seconded by Councilman Cochran, and unanimously approved, to pay the $40.00 for the purchase of the engraved clock to be presented as a gift to the Hashimoto City Mayor. Sil Cincera, Pacific Gas and Electric Company representative, explained the status of Rule 20A funds for undergrounding overhead utilities. A five year project was just completed. To this date, P.G.& E. has not received allocation funds for the new program through 1992. These allocations will amount to $30,000 per year for the three year period amounting to a total of $90,000. Information should be available soon so the City can know how much is available to get started and provide P.G.& E. with a priority list. There are certain guidelines to follow. In response to P.G.& E. preferences, it was suggested that according to funds available the City might want to divide portions into different projects. City Nhnager Callinan pointed out that the County gets a large amount funded to them for undergrounding utilities but does not have large condensed urban areas to benefit from undergrounding of utilities, therefore, distributes these funds to cities. Mr. Cincera reviewed estimated costs of Southwest Boulevard at $400,000, Adrian at $800,000, and other projects at $2,000,000. Redwood Dr.Widening Nhyor Hollingsworth requested City Attorney's recommendation regarding the Redwood Drive widening Project No. 1986 -18 which was continued from the Nhrch 13th meeting because of Judge Sawyer's ruling. City Attorney Flitner referred to the indication from the Sierra Club to challenge this item on tonight's agenda. It was his opinion, as previously stated, that the Redwood Drive widening was categorically exempt. This matter is set for hearing on the 2nd of April by Judge Sawyer and Mr. Flitner recommended the Council wait until after the hearing to consider the resolution calling for sealed proposals for the Redwood Drive widening. Council concurred to defer this item to the April 10th meeting. Rohnert Park City Council Minutes (8) Nbrch 27, 1990 Planning and Zoning File No. 1187 City Manager Callinan explained that copies had been provided to Council regarding File No. 1187 - SIRE Enterprises of 1) letter dated March 12, 1990 from Attorney John G. Mackie of Bronson, Bronson & NbKinnon, 2) letter dated March 21, 1990 from Steven Scarpa of SIRE Enterprises, and 3) letter dated Narch 26, 1990 from Planning Director Skanchy regarding Apartment Rental Vacancies. File No. 1187 represents SIRE Enterprises' appeal of Planning Commission's denial of request for ,approval of tentative subdivision map to convert 120 apartment units to a condominium development. This item was continued from the February 27th, 1990 Council meeting at which time Council discussed the status of the project as it related to the existing General Plan and vacancy factor necessary to convert apartments to condominiums. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimously approved, to bring the matter regarding File No. 1187 - SIRE Enterprises back to Council for consideration as it was previously denied without prejudice. Attorney John G. Nackie of Bronson, Bronson & NbKinnon for SIRE Enterprises referred Council to contents of his above - mentioned letter dated March 12, 1990 regarding the appeal of Tentative Nap for condominium conversion of Vintage Point - File No. 1187. Steven J. Scarpa of SIRE Enterprises referred Council to his above - mentioned letter dated March 21, 1990 with attached survey of rental unit percentages of said condominiums and shared the contents therein. He referred to plans of the project that signified approval as condominiums and said he did not think it was fair to disapprove the conversion just because the map was not properly filed. Discussion followed in which it was confirmed that the wiring, plumbing and intent from the beginning of this project was for condominiums. A motion was made by Councilman Cochran, seconded by Councilman Hopkins, to approve the request of SIRE Enterprises to convert the Vintage Point apartment units to a condominium development. Discussion followed in which Councilman Eck said he would have to abstain because of phone call received asking for his support of the request. Each Council member confirmed receiving a call from Mr. Scarpa and questioned whether he wes soliciting support of the project or offering to answer specific questions of Council regarding the matter. Council Member Spiro expressed concerns regarding the vacancy factor. Rohnert Park City Council Minutes (9) March 27, 1990 City Attorney Flitner said if there is a serial calling between Council members, it is a violation of the Brown Act. Citizens have a right to talk to Council members regarding issues and concerns. If no commitments were made by Council members to vote a certain way or contact made between Council members regarding same, it would not be considered a violation of the Brown Act. Attorney John Mackie confirmed discussion with Mr. Scarpa in which he thought Mr. Scarpa could most directly answer Council questions regarding this matter. He talked with Planning Director Skanchy and City Manager Callinan for suggestions for clarity of information to tenants. Discussion followed in which Steven Scarpa confirmed to Council that all tenants have been informed. Tenants in the audience signified support of the condominium conversion and intent to purchase same by a raise of hands. City Attorney said statements could be incorporated in the approval stipulating Mr. Scarpa's assurance that there would be no displacement of current renters and that the Council made findings based on certain equities, as well as specifying that the map indicated the project was for condominiums and any other such items to justify approval of the proposed tentative map at Vintage Point. Mayor Hollingsworth called for question. The above - referenced motion by Councilman Cochran, seconded by Councilman Hopkins, was restated to include certain findings of equity based on the original project being approved for condos and gave direction to staff to enter into an appropriate subdivision agreement with SIRE Enterprises to assure that there is no displacement of existing tenants prior to recordation of the final map and approve the request to convert the Vintage Point apartment units to a condominium development. Said motion was approved by the following roll call vote: AYES: (3) Cochran, Hopkins and Hollingsworth NOES: (2) Eck and Spiro Councilman Eck said he agreed with Council Nbmber Spiro's concerns and did not think this project meets the criteria of vacancy factor, and to base findings on any kind of staff mistake is not appropriate. RECESS Nhyor Hollingsworth declared as recess at approximattely 9:25 P.M. Mayor Hollingsworth reconvened the Council meeting at approximately 9:36 p.m. with all Council members present. Rohnert Park City Council Minutes (10) March 27, 1990 General Plan Mayor Hollingsworth said Council completed review and amendments to the Draft General Plan at last night's meeting and has directed staff to process the final printing of same for Council's review at the next Council rreeting on April 10th before returning the document to the Planning Commission for final review and public hearings. Public Safety Regional Headquarters Director of Administrative Services /Assistant to City Manager jUg ± ±er said the State Department of Justice i S4-ill interested in the proposed Civic Center /Public Safety Building as a location for the Regional Headquarters and is in the process of evaluating whether or not the railroad tracks next to the building would affect its instrumentation. Once a solid commitment is obtained from the State, consideration can be given to staff's recommendation to continue with the architects in providing a schematic site plan in order to determine how the regional laboratory would fit in with the proposed Public Safety /Civic Center site plan. Performing Arts Center - Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of Endowment Fund Campaign Plan submitted by Community Counselling Service Co., Inc. for the Performing Arts Center. Copies were distributed to Council of the "Gala Dinner - Ballet Reception Details" for the gala opening of the Performing Arts Center from April 20th to the 22nd. Councilor en Eck said the Council Committee for the Performing Arts Center (Eck and Spiro) had met with staff to review invitations and formats and felt everything was in good order. Council Member Spiro complimented staff on a job well done. �r for 1989/SCA 1 Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of letter dated March 7, 1990 from the Redwood Empire Division, League of California Cities urging the City's support of the 1989 Transportation package - SCA 1 (Garamendi ) which is on the June 1990 ballot. Jack Domenichelli, President of the Redwood Empire Division is urging support because approval of SCA 1 on the June 1990 ballot will generate $18.5 billion new revenues toward transportation projects over the next ten years. A motion was made by Councilman Hopkins, seconded by Councilman Cochran, and unanimusly approved, to support the 1989 Transportation Package - SCA 1 (Garamendi) on the June 1990 ballot. Rohnert Park City Council Minutes (11) March 27, 1990 Htmiane Society of Sonoma County Director of Administrative Services /Assistant to City Manager Netter explained that copies had been provided to Council of memo dated March 21, 1990 from Assistant to the City Manager Leivo regarding options for the operation of the Animal Shelter with attached copy of letter dated March 12, 1990 from Dan D. Knapp, Director of the Humane Society of Sonoma County indicating that they do not intend to enter into a new contract for operating the Rohnert Park animal shelter at the beginning of the upcoming fiscal year. The current contract expires June 30, 1990. Staff will be working with the Department of Public Safety over the next thirty days in order to outline certain options available to the City and to pursue the option that makes both ecommical and operational sense. Cocmimications Conmanications per the attached outline were brought to the attention of the City Council. No action was taken unless specifically noted in these minutes. Pacific Bell SIFT So.Co.Yellow Pages City Manager Callinan explained that copies had been provided to Council of letter dated March 2, 1990 from Pacific Bell regarding the Sonoma County SMART Yellow Pages for 1990 and shared the contents therein. Discussion followed in which City Manager confirmed to Council that a letter had been written to the PUC. Council Mamber Spiro said she had talked to many businesses in the conramity and none were happy with the two sets of Yellow Pages. City Manager's Report: Various Projects City Manager Callinan queried if the Council desired to be updated on various City projects. There was no comment from Council. FPPC Regulations City Manager Callinan explained that copies had been provided to Council of March 1990 letter from the League of California Cities regarding the revised FPPC Regulations for news letters and mass mailings sent at public expense (Proposition 73). The letter indicates that elected officer's photo- graphs are not allowed in such publications. If other public facilities are doing this, it is in violation of this regulation. Spring Clean -Up Director of Administrative Services /Assistant to City Manager Netter said Spring Clean-up is scheduled from April 6 through 16 in which awkward and large items like old mattresses will be picked up by Public Works crews as has been done in the past. In response to Council's question, the program regarding toxic wastes is planned for June 2, 1990. Rohnert Park City Council Minutes (12) March 27, 1990 City Attorney's Report: City Attorney Flitner said the matters regarding the mobile homes issue and the General Plan were covered earlier during tonight's meeting. City Attorney had nothing else to report. Wtters from Council: Councilman Cochran said he would be unable to attend the Sonoma County Transportation Committee meeting on April 4th. Council agreed that Councilman Eck should attend the meeting. Council agreed to Set joint meetings as follows: 1) Rohnert Park Cultural Arts Commission dinner meeting on April 23rd, 2) Planning Commission on April 17th if confirmed by Planning Director Skanchy, 3) Council Committee Member Eck suggested waiting until later in May to schedule a joint meting for the Parks and Recreation Commission. Councilman. Hopkins expressed concern regarding finding a location for Mr. T's Academy. Confirmation was given regarding the tenporary status of using the Codding Center until the Senior Center is completed. Discussion followed regarding the various uses planned for the Codding Center including previous approval of incorporating the Community Youth Center. Staff confirmed consideration of two locations that did not work out and is still working on trying to find another location and is investigating possibilities in the Southwest Boulevard shopping center area. Council confirmed continued support of Mr. T's program and agreed it is appropriate to follow through in helping to find a location. [hscheduled Public n;Vearances Mayor Hollingsworth asked if anyone in the audience wished to make an appearance at this time. hdjournmant There being no further business, Mayor Hollingsworth adjourned the meting at approximately 10:05 p.m. De7 City Jerk Mayor Gerald Griffin 1514 Garfield Ct. Rohnert Park, Ca Dear City Council Members, At the March 13th city council meeting I requested a $1000 grant to help fund an outdoor education program for the fifth grade students at Goldridge School. In response you offered to donate $500 if I could raise the same amount from the business community. The following businesses or organizations have generously donated $100 each: Western Business Park Associates Codding Enterprises Active 20/30 Club Rogers Realty Braccia Construction Thank you for your generous donation to this worth- while project. Thanks Again, Gerald Griffin d4 3,1 r r.., 0-?-/ 11 i - -77V/J V, -/ y .. --/ - 0 ji O-ALI an et=AcA Ace a Mmorl 990 _Nov R90) bare Major) ewl \,AL more, Marti. Awtu" OX4 has held t%& op--cL A0 iz) CoMCA ot, Q. eiec4cA 4erm 6"jrj\kJ%5 %r\ -4%t MOV M92 QJC.Cf7CA)WkICJJ igto pert Rqb- 0. wjttr5 am tuov 1990 Q 4� 0vb' cp vArs 0 0, &JMM (707) 764W. 6,rntAO 61IU3 10 Section 1 - Purpose a) The purposes of this Ordinance are: 1) to enhance and help achieve the long- standing objectives in Sonoma county, in cooperation with our neighboring municipalities, to: i protect farmland from urban encroachment, ii provide open space separators between urban communities, and iii preserve the desirable quality of life in Sonoma County for future generations; and 2) to assure that the desires of the residents of Rohnert Park are available to elected officials as they consider proposals for annexation . b) To accomplish these purposes, this Ordinance provides that prior to approving any annexation of land into the City Limits, the City Council of Rohnert Park shall seek and obtain an advisory vote of the resident electors on the question of whether the citizens want the City Council to approve or disapprove the proposed annexation. Section 2 - Findings a) At the local level of government, one of the most significant issues of major impact on the lives of the residents of a community is the question from time -to -time of whether or not to enlarge the boundaries of their community. Therefore, annexation is determined to be an issue that should be decided by the City Council only after directly assessing the desires of the electorate of Rohnert Park by advisory referendum. b) As the Laws of the State of California do not allow the citizens of a community to vote directly on their own city limits, the vote of the electorate, as required by this Ordinance, shall be considered to be only advisory in nature, and, therefore, not binding upon the City Council. c) The provisions of this Ordinance are separate from and do not directly affect the City's General Planning process, except that lands included in current or future General Plans which are indicated for possible future annexation will become subject to the provisions of this Ordinance if and when such lands are formally proposed for annexation according to established procedures. d) This Ordinance does not in any way limit subsequent amendment to the General Plan of the City of Rohnert Park and its maps. URBAN BOUNDARY PROPOSAL - page 2 Section 2 Findings - continued e) This Ordinance does not in any way impose any limit on the development of housing units within the City of Rohnert Park nor does it in any way conflict with the provisions of Government Code Section 65915. f) Nothing in this Ordinance is intended to limit in any way the actions of LAFCO (Local Agency Formation Commission) in approving or requiring the annexation of property into the City of Rohnert Park. Section 3 - Provisions a) This Ordinance shall apply to any proposed annexation to the City Limits of the City of Rohnert Park, regardless of whether or not such proposed annexation has ever previously been included in the City's General Plan. This Ordinance shall apply upon formal application for annexation, according to established procedures. b) This Ordinance shall require the City Council of Rohnert Park to seek and obtain an advisory referendum of the electorate of Rohnert Park on the question of each and every annexation. c) When appropriate, in accordance with the provisions of State Law, an Environmental Impact Report shall be submitted for review prior to the initial public hearings on the question of any applicable proposed annexation. d) The advisory vote shall follow public hearings on the proposed annexation; and, when applicable, shall follow the approval by the Planning Commission and City Council of a satisfactory Environmental Impact Report. e) The vote required by this Ordinance shall take place in conjunction with a regularly scheduled general election or in a special election called for the purpose defined by this Ordinance or in a special election called for any other purpose, following proper election procedures. f) After the results of the advisory vote have been certified, and before final approval or disapproval of any proposed annexation, the City Council shall hold a public hearing to receive the advisory vote results and shall incorporate them into the formal record of the proposed annexation. URBAN BOUNDARY PROPOSAL - page 3 Section 4 - Implementation a) Upon passage of this Ordinance, it shall be immediately effective. b) No elected or appointed official, employee, board or commission of the City of Rohnert Park shall grant, issue or confer any permit, approval or other land use entitlement or take any other action which is inconsistent with the provisions of this Ordinance. c) This Ordinance may not be amended except as provided in Section 6 hereof. Section 5 - Severability a) If any portion of this Ordinance is hereafter determined to be invalid by a court of competent jurisdiction, all remaining portions of this Ordinance shall remain in full force and effect. Each section, subsection, sentence, phrase, part or portion of this Ordinance would have been adopted and passed irrespective of the fact that any one or more of them be declared invalid. Section 6 - Amendment and Repeal No Part of this Ordinance may be amended or repealed except by a vote of the electorate of the City of Rohnert Park at a regularly scheduled general election or at a special election called for that purpose. Proposed by: The Concerned Citizens For Rohnert Park Presented by: Harvey Bell, Rohnert Park resident March 27, 1990 REDUCTION OF SPHERE OF INFLUENCE PROPOSAL The following proposal is presented as a suggested Resolution for the City Council of Rohnert Park: The City of Rohnert Park requests that LAFCO (Local Agency Formation Commission) retract the Sphere Of Influence for the City of Rohnert Park to the existing City Limits with the exception of the area at the Wilfred Avenue /Redwood Drive area West of Dowdell Avenue on the north and south sides of Wilfred Avenue in the northwest corner of Rohnert Park. Proposed by: The Concerned Citizens For Rohnert Park Presented by: Harvey Bell, Rohnert Park resident March 27, 1990