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2002/08/06 City Council MinutesCITY OF ROHNERT PARK CONCURRENT MEETINGS MINUTES for: CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION ROHNERT PARK FINANCING AUTHORITY ROHNERT PARK DISTRICT CONCURRENT MEETINGS SPECIAL MEETING MINUTES August 6, 2002 Tuesday The concurrent meetings of the City of Rohnert Park for the City Council, Community Development Commission, Rohnert Park Financing Authority, and the Rohnert Park District met this date for a Special Meeting open to the public. The work session commenced at approximately 5:30 p.m. in the Conference Room, 6750 Commerce Boulevard, Rohnert Park, with Mayor Flores presiding. CALL TO ORDER: Mayor Flores called the work session to order at 5:35 p.m. and led the pledge of allegiance. ROLL CALL: Present: (3) Councilmembers Mackenzie and Vidak- Martinez; and Mayor Flores. Absent: (1) Vice Mayor Reilly. Mayor Flores noted that Vice Mayor Reilly is away on vacation. Staff present for all or part of the session: City Manager Netter, City Attorney Strauss, Assistant City Manager Donley, Public Works Manager Stephens, Fire Commander Cassel, Management Analyst Fogle, and Personnel Manager Robbins. I. UNSCHEDULED PUBLIC APPEARANCES: Mayor Flores stated that in compliance with State law, The Brown Act, members of the public wishing to make a comment may do so at this time, limited to 3 -5 minutes per appearance, with a 30- minute limit. No members of the public came forward. City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(2 ) EMERGENCY CLOSED SESSION: At this time, at the request of Mayor Flores, Council CONCURRED to hold an Emergency Closed Session to discuss possible litigation as reflected in Agenda Item III. Said Emergency Closed Session was held from approximately 5:37 p.m. to 5:51 p.m. II. CONSENT CALENDAR: Mayor Flores asked if there were any questions about the matters on the Consent Calendar, which were explained in the City Manager's Council Meeting Memo. A. ACKNOWLEDGING THE CITY MANAGER /CLERK'S REPORT ON THE POSTING OF THE MEETING'S AGENDA B. APPROVAL OF BILLS /DEMANDS FOR PAYMENT FOR: *COMMUNITY DEVELOPMENT COMMISSION IN THE AMOUNT OF: $30,000.00 Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, the Consent Calendar, as outlined on the meeting's agenda, was APPROVED 3 -0 -1 with Vice Mayor Reilly absent. *************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** III. CONSIDERATION OF SETTLEMENT AGREEMENT WITH SOUTH COUNTY RESOURCE PRESERVATION COUNCIL AND JOHN KING: 1. Staff Report: City Attorney Strauss summarized the main provisions of the settlement agreement and judgment. At this time, Mayor Flores called forward members of the public who desired to speak on the matter. 1. Steve Miller, 170 Maiden Lane, No. 800, San Francisco, was recognized and DISTRIBUTED AND REVIEWED A LETTER to Council. Mr. Miller noted that he is the President and CEO of YCS Investments on behalf of 108 HOLDINGS, Limited, and S.C. FORTY ACRES, Inc., the owners. He asserted that the Settlement Agreement in its current form contains numerous unlawful and unenforceable provisions, and he outlined the legal flaws that render the Settlement's key provisions as such. He requested that the City delay consideration of the Settlement Agreement to allow YCS time to thoroughly review it. *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(3 ) 2. Jeff Weber, 4565 Pearl Drive Santa Rosa, was recognized and noted that he is acting Public Affairs Manager for Agilent Technologies in Sonoma County. He stated that based on a cursory review of the Settlement Agreement, it appears that said agreement may have an impact on part of Agilent's property in Rohnert Park. He asked for a delay in final action on the agreement, and he requested to call forward Mr. Michael Flitner to discuss the possible implications on Agilent's local property. 3. Michael Flitner, 2022 Grahn Drive Santa Rosa, was recognized and stated that he is the real estate representative for Agilent. He discussed Agilent's desire for a phased development of its 80 acres within the City's Urban Growth Boundary and the 25 -acre piece within the City's sphere -of- influence. In terms of the phased development, he indicated that Agilent has been internally exploring street circulation and alternatives. He requested more time for Agilent representatives to analyze the effects of the Settlement Agreement in terms of their property, as Agilent had only received the agreement yesterday afternoon. 2. Council Discussion /Action: City Attorney Strauss DISTRIBUTED AND REVIEWED two documents outlining her proposed additions and authorized modifications to the resolution as follows: (1) Add three certain points concerning CEQA to the language of Resolution 2002 -171 as outlined in the City Attorney's memo; (2) Approve the Settlement Agreement with certain authorized alternative modifications, relating to the italicized portion of Section IIA and as outlined in the City City Attorney's memo, that the City shall try to work out with the Petitioners of the lawsuit. Resolution for Adoption: 2002 -171 APPROVING SETTLEMENT AGREEMENT WITH SOUTH COUNTY RESOURCE PRESERVATION COUNCIL AND JOHN KING (SOUTH COUNTY RESOURCE PRESERVATION COUNCIL V. CITY OR ROHNERT PARK) *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(4 ) Council discussion concluded, and, upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, Resolution 2002 -171 was APPROVED 3 -0 -1 with Vice Mayor Reilly absent and with the following amendments per City Attorney Strauss' recommendations as contained in the documents listed above and ATTACHED TO THE ORIGINAL SET OF MINUTES. IV. CABLE T.V. MATTERS: A. CONSIDERATION TO APPROVE LETTER AGREEMENT WITH TCI -EV OF SAN FERNANDO VALLEY AND AT &T REGARDING SYSTEM REBUILD, CHANNEL RECEPTION, AND OTHER FRANCHISE ISSUES: 1. Staff Report: City Attorney Strauss shared the contents of the staff report, DISTRIBUTED earlier this evening at the Special Meeting. 2. Council Discussion /Action: Councilmembers shared their perspectives on the matter. Resolution for Adoption: 2002 -172 APPROVING LETTER AGREEMENT WITH TCI -EV OF SAN FERNANDO VALLEY AND AT &T REGARDING SYSTEM REBUILD, CHANNEL RECEPTION, AND OTHER FRANCHISE ISSUES Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, Resolution 2002 -172 was APPROVED 3 -0 -1 with Vice Mayor Reilly absent. FOR THE RECORD, Councilmember Mackenzie stated that as a member of the Cable T.V. Subcornruiit tee, he has been much happier now that he can watch international rugby football matches on the interim service from AT &T Broadband. He expressed an interest in having the definitinns of the cable system with specific technical requirements laid out in the resolution, and he asked the City Attorney if suitable technical advisors had reviewed the language of the resolution. City Attorney Straus named the people who had reviewed the resolution. B. CONSIDERATION TO APPROVE CHANGE -OF- CONTROL AGREEMENT BETWEEN TCI -EV OF SAN FERNANDO VALLEY AND AT &T COMCAST: *City Council /Community Development Commission/ Rohnert Park Financing Author -J Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(5 ) 1. Staff Report: City Manager Netter reviewed the contents of the staff report. City Attorney Strauss REQUESTED to add a clause to the resolution, per a request from AT &T, to explicitly state that the City approves the 3/94 application for change -of- control. 2. Council Discussion /Action: Resolution for Adoption: 2002 -173 APPROVING CHANGE -OF- CONTROL AGREEMENT BETWEEN TCI -EV OF SAN FERNANDO VALLEY AND AT &T COMCAST Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, Resolution 2002 -173 was APPROVED 3 -0 -1 with Vice Mayor Reilly absent and with the following clause added to the resolution per City Attorney Strauss' recommendation as noted above. V. NOVEMBER 2002 ELECTION MATTERS - PUBLIC HEARING TO CONSIDER THE FOLLOWING THREE TAX MEASURES ON THE NOVEMBER 5, 2002, BALLOT, INCLUDING URGENCY ORDINANCES: *ESTABLISHING TELEPHONE COMMUNICATIONS AND VIDEO SERVICES TAX OF 4% FOR RESIDENTIAL USERS AND 6% FOR COMMERCIAL USERS BY URGENCY ORDINANCE; *INCREASING TRANSIENT OCCUPANCY TAX INCREASE FROM 11% TO 12 %; LOSS OF MEASURE REDUCES TAX TO 10% BY URGENCY ORDINANCE; AND *VOTER APPROVAL OF EXISTING BUSINESS LICENSE TAX; LOSS OF MEASURE REDUCES TAX TO 1992 RATE. 1. Staff Report: City Manager Netter DISTRIBUTED AND REVIEWED the revised ordinance, and Assistant City Manager Donley shared the contents of the staff report and responded to Council inquiries. 2. PUBLIC HEARING: Mayor Flores OPENED the Public Hearing at 6:40 p.m. *City Council /Community Development Commission/ Rohnert Park Financing Authority / Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(6 ) 1. Fred Levin Executive Director Sonoma County. Taxpayers' Association, Santa Rosa, was recognized and referred Council to his letter in their agenda packets. He noted the Association's opposition to all three of the City's proposed ballot measures, and he suggested that the City turn over some recreational facilities to private operators. He also recommended that the City reduce expenditures, rather than let expenditures drive the budget. 2. Ira Freed 7321 Circle Drive, was recognized and expressed support for the Telecommunications tax. He noted that while he is not looking forward to paying more taxes as a resident and a small business owner, he is willing to pay taxes to help the City balance the budget and pay for services, particularly recreational services. He asked that the Council make an effort to inform the residents of the reasons why the taxes have been proposed, and he commended Public Works Manager Stephens for his recent articles in The Community Voice. 3. Fred Brokaw, 6060 Dawn Drive, was recognized and expressed support for paying a reasonable amount of tax to help support Rohnert Park's commitment to youth services. He encouraged the City to continue to put money into well managed youth /recreational centers. 4. Charles Kitchen, 4457 Hollingsworth Circle, was recognized and REQUESTED a copy of the voter informational brochure regarding the proposed tax measures. He also noted his opposition to the leasing of the City's pools to outside operators. City Manager Netter indicated that the informational brochures would be made available to the public very soon. Mayor Flores CLOSED the Public Hearing at 6:50 p.m. Council Disci scion /Action. rity Attorney Strauss and City Manager Netter responded to Council questions. City Manager Netter REQUESTED a meeting in the near future with Mr. Levin and the Sonoma County Taxpayers' Association Board of Directors. Mr. Levin stated that Mayor Flores had been invited to speak at the Association's Board of Directors' meeting on the third Thursday in October, and that he would try to arrange an earlier date for a meeting with City staff. *City Council /Community Development Commission/ Rohnert Pars Financing T ut-hor i ty /Rohnerr Park Di sari r_.t City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(7 ) Councilmembers shared their perspectives on the November, 2002, Election Matters before them. Highlights of their comments included the following: Mayor Flores: *Appreciates the Public Hearing comments; *Recognizes that the City's recreational /cultural amenities are an expense; *Sees the ballot measures as an opportunity for the residents to indicate the level of service they want the City to maintain; *Cities don't go bankrupt; they reduce the quality of services /quality of life: Will be the gist of the upcoming information provided for taxpayers. Councilmember Mackenzie: *Will vote aye for two reasons: (1) TOT and Business License tax need to be legally reinstated by the citizens of Rohnert Park; and (�) All revenues generated will go to the General Fund; *Has been critical of the City's expenses and believes shortfall for the out -years is still real; *City needs the economy to recover next year; *Believes Council is being fiscally responsible in asking business and residential sectors to bear some burden in meeting the City's expenses; *Believes citizens believe there should be a provision of recreational, cultural, and other services, as well as fundamental services. Councilmember Vidak- Martinez: *City of Santa Rosa has had a Utility Users' Tax on a broad range of utilities; *Many cities have far more extensive taxes than what Rohnert Park is proposing for this ballot; *Appreciates exceptions for seniors and low - income residents in regards to the proposed measures; *Opposed to cutting programs as City needs a senior center and youth activities, which comprise part of its culture; *Council working to meet expectations of the residents; voters will decide on the proposed tax measures. *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(8 ) URGENCY ORDINANCES FOR ADOPTION: No. 684 ADDING CHAPTER 5.32 TO THE ROHNERT PARK MUNICIPAL CODE FOR AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK IMPOSING A TAX ON THE USE OF TELEPHONE COMMUNICATIONS AND VIDEO SERVICES Upon MOTION by Councilmember Mackenzie, seconded by Councilmember Vidak- Martinez, Urgency Ordinance for Adoption No. 684 was APPROVED 3 -0 -1 with Vice Mayor Reilly absent. No. 685 AMENDING CHAPTER 3.24 OF THE ROHNERT PARK MUNICIPAL CODE FOR AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK INCREASING THE TRANSIENT OCCUPANCY TAX TO TWELVE PERCENT (12 %) OF THE RENT CHARGED BY THE OPERATOR Councilmember Vidak- Martinez, the City's representative for the Sonoma County Tourism Council, shared comments about the Tourism Council's efforts to pass a countywide 12% TOT tax. She indicated that many people have not had a clear understanding of the nature of the tax, which falls mostly on visitors, and the revenues of which go directly to the cities. She asked that people look at this tax, particularly in terms of the impact of the upcoming Green Music Center and all of the visitors the world -class music center will attract. As an example, she noted that revenues raised by the TOT tax could be used to fund repairs /improvements to the roads /streets impacted by the music center. Upon MOTION by Councilme-mber Mackenzie, S2COnuCu ,..y Councilmember Vidak- Martinez, Urgency Ordinance for Adoption No. 685 was APPROVED 3 -0 -1 with Vice Mayor Reilly absent. Resolutions for Adoption: 2002 -174 DIRECTING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ROHNERT PARK A MEASURE APPROVING THE LEVY AND COLLECTION OF A TAX ON TELEPHONE COMMUNICATIONS AND VIDEO SERVICES, COMMENCING JANUARY 1, 2003 and *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page ( 9 ) 2002 -175 DIRECTING THE SUBMISSION TO THE QUALIFIED- ' ELECTORS OF THE CITY OF ROHNERT PARK A MEASURE APPROVING AN INCREASE IN THE TRANSIENT OCCUPANCY TAX RATE, COMMENCING DECEMBER 1, 2002 and 2002 -176 DIRECTING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ROHNERT PARK A MEASURE APPROVING INCREASES IN THE BUSINESS LICENSE TAX ON CERTAIN ENUMERATED BUSINESSES THAT WERE MADE EFFECTIVE IN 1992 and 2002 -177 REQUESTING CONSOLIDATION OF ELECTION TO BE HELD ON NOVEMBER 5, 2002 Upon MOTION by Councilmember Vidak- Martinez, seconded by Councilmember Mackenzie, Resolution Nos. 2002 -174, 2002 -175, 2002 -176, and 2002 -177 were CONSECUTIVELY AND SEPARATELY APPROVED 3 -0 -1 with Vice Mayor Reilly absent. 4. Staff /City Attorney Reports on Proposed Tax Measures and Review of Timeline as follows: a. Election Consolidation for Measures (Deadline 8/9/02) b. Amend /withdraw Measures (Deadline 8/14/02 c. Ballot Measures - Submittal of Arguments (Deadline 8/19/02) and /or Submittal of Rebuttal Arguments (Deadline 8/29/02) d. Citv Attornev - Impartial Analvsis for Measures Deadline 8/30/02 City Manager reviewed the timeline listed above. Mayor Flores indicated that consideration of the draft informational brochure for the voters regarding the proposed tax measures will be AGENDIZED for the August 13, 2002, Council meeting. At this time, Mayor Flores asked the Councilmember if there were any informational matters they would like to share with the public. *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohnert Park District City of Rohnert Park *SPECIAL MEETING MINUTES August 6, 2002 Page(10) (1) T.E.A. Reauthorization meeting, August 7, 2002: Councilmember Mackenzie reported that he and other local transportation representatives will be meeting with two members from the House of Representatives to make collective presentations about the implementation of the Sonoma County Transportation Plan. He noted that he will report back on said meeting at the Council meeting on August 13, 2002. (2) Rancho Feliz Clean -Up Day: In response to concerns raised by several residents of Rancho Feliz at the last Council meeting of July 23, 2002, Mayor Flores noted that he and Councilmember Vidak- Martinez, members of the Mobilehome Parks Subcommittee, met with Rick Powell, President of North Bay Corporation. In cooperation with North Bay, the City will hold a Community Clean -Up Day for Rancho Feliz on Saturday, August 10, 2002, starting at 8:00 a.m. He noted that garbage bins and North Bay crew will be on hand to remove unwanted household items and to clean up the storage yard as well. Councilmember Vidak- Martinez expressed appreciation for North Bay's support in this clean -up project. ADJOURNMENT: There being no further business, Mayor Flores ADJOURNED the Special Meeting at approximately 7:11 p.m. Katy Leonard, Cert:i.fied Siiortiiand Reporter CSR No. 11599 Armando Flores, MaYror City of Rohnert Park *City Council /Community Development Commission/ Rohnert Park Financing Authority /Rohriert Park District Approve with the following authorized modifications relating to italicized portion of QuT£ D -l- qec Section IIA below: 8/6 /off 1. Amend Section IIA of the Judgment to provide, if land south of Valley House is R removed from sphere of influence, that any future application to LAFCO to amend sphere of influence to include land south of Valley House requires 2/3 vote of City Council. - - _ I;y 'iz on 1VIa) 2. Amend Section IIA of the Judgment to provide that Petitioners will not object tot""'O� extension of Bodway Parkway to Railroad Avenue. 3. Amend Section IIA of the Judgment to provide that if, for whatever reason, Section IIA is determined to be unlawful or unenforceable, the remainder of the Agreement is not affected and will continue in full force and effect (severability clause). 4. Amend Section IIA of the Judgment to provide that diagram be changed to exclude, from the diagram, land west of Bodway Parkway. Amend Section HA of the Judgment to require the City Council to initiate an amendment to the General Plan adopting policy relating limiting the reasons to initiate a change in the sphere of influence (south of Valley House) (a) the need to provide housing for all economic segments of the community; (b) the need to develop the property within the City of Rohnert Park to alleviate projected budget deficiencies; and (c) the need to comply with a new requirement of state or federal law. 6. Make first italicized change. A. The City shall apply to the Sonoma County Local Agency Formation Commission ( LAFCO) within ten days of the date of entry of this judgment, to amend the City's sphere of influence through the removal of all lands located south of Valley House that were added to the City's sphere of influence by LAFCO in April 2002. In the event that LAFCO does not approve the amendment, this Judgment and Agreement shall be of no force and effect and the litigation shall be reinstated. Upon approval of the amended sphere of influence by LAFCO, the General Plan Diagram (Figure 2.2 -1 in the General Plan) shall be interpreted (the City shall initiate a general plan amendment] to exclude from the General Plan diagram (Figure 2 2 -1 in the General Plan) all lands located south of Valley House Drive that were proposed in the General Plan to be added to the sphere of influence. A diagram of the lands to be removed is attached as Exhibit 2. The General Plan shall permanently prohibit the fiting of an application to amend the City's sphere of influence or the taking of any other action to include any land south of Valley House Drive (as depicted on Exhibit 2) within its sphere of influence- luence- T'he City shall not amend the General Plan to alter this prohibition.