City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT OCTOBER 8, 2013 3:30 P.M. (MAYOR'S CONFERENCE ROOM, ROOM 10) 1. CALL TO ORDER AND ROLL CALL 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Following the announcement of Closed Session items and prior to recess into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session. 2.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Fran Elm, Human Resources Director, Chris Sliz, Employee Relations Manager, and Carol Stevens of Burke, Williams & Sorensen, LLP. Employee Organizations: Santa Rosa Firefighters Association - Local 1401 (representing City Employee Unit 2); Operating Engineers Local 3, Maintenance and Utility System Operators (Employee Units 3 and 16); Santa Rosa City Employees Association (Employee Units 4, 6, 7); Santa Rosa Police Officers Association, (Employee Unit 5); Service Employees International Union Local 1021, (Employee Units 8 and 14); Public Safety Management Association (Employee Unit 9); Santa Rosa City Attorneys’ Association (Employee Unit 17), Santa Rosa Management Association (Employee Unit 18). ..End 2.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Kathleen Millison, City Manager and Jennifer Phillips, Assistant City Manager. Unrepresented Executive Management, Middle Management, and Confidential Employees (Employee Units 10, 11 and 12). ..End RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 3. STUDY SESSION - NONE Study Session items are items for in-depth discussion and possible direction Any writings or documents provided to a majority of the City Council prior to this meeting regarding any item on this agenda, excluding closed session items, are available for public review in the City Clerk’s Office, Room 10, City Hall, 100 Santa Rosa Ave, during normal business hours. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 2 of 9 CITY COUNCIL OCTOBER 8, 2013 to staff. No action may be taken. 4:00 P.M. (CITY COUNCIL CHAMBER) PUBLIC COMMENTS ON AGENDA ITEMS: Except for public hearing items, comments from the public will be allowed on all agenda items at the time each item is called. Comments on public hearing items may be made when the hearing is opened. PUBLIC COMMENT ON NON-AGENDA ITEMS: Comments from the public on non-agenda items will be heard under Agenda Item 15. 4. ANNOUNCEMENT OF ROLL CALL 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - FIRE PREVENTION WEEK Attachments Proclamation 7. STAFF BRIEFINGS This time is reserved for City staff to provide a five-minute briefing to the Council on departmental issues of interest. No action will be taken on these matters except to possibly place a particular item on a future agenda for Council consideration. 7.1 BEACON AWARD - LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE The City of Santa Rosa represented by Mayor Scott Bartley, was recently recognized at the League of California Cities Annual Conference, along with 60 other cities and counties throughout California, for the work it has accomplished to reduce greenhouse gas emissions, save energy and adopt policies and programs that promote sustainability. This award program is intended to recognize the continuous effort of local agencies which have developed sustainability practices and to assist local City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 9 CITY COUNCIL OCTOBER 8, 2013 agencies by documenting and sharing best practice activities/results. For its initial entry to the program, the City received Silver Level recognition for demonstrating accomplishment in all ten categories of Best Practices in 2013 and for achieving Greenhouse Gas Reductions of 8% agency wide for the period 2007-2010. The City’s accomplishments will be updated periodically. The Beacon Award Program is sponsored by the Institute for Local Government and the Statewide Energy Efficiency Collaborative. It is funded by California utility customers and administered by Southern California Gas Company, San Diego Gas & Electric Company, Pacific Gas and Electric Company and Southern California Edison, under the auspices of the California Public Utilities Commission. City staff will provide a briefing to explain the best practices and projects for which the city has been recognized with this award . Attachments Beacon Awards Presentation 7.2 QUARTERLY REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS Staff will provide an update on Capital Improvement Program (CIP) projects from April to June 2013. The briefing will include project updates, fund transfers and major expenditures, recently completed projects and projects under construction. CIP projects provide the infrastructure that is critical to the economic vitality and quality of life in Santa Rosa. Attachments Presentation 8. APPROVAL OF MINUTES 8.1 September 24, 2013 Regular Meeting Minutes. Attachments Draft Minutes 9. MAYOR'S/COUNCILMEMBERS' REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9.2 MAYOR'S/COUNCILMEMBERS’ REPORTS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 9 CITY COUNCIL OCTOBER 8, 2013 9.3 REPORTS BY MAYOR/COUNCILMEMBERS REGARDING VARIOUS AGENCY MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO ITS REPRESENTATIVES ON PENDING ISSUES BEFORE SUCH BOARDS (IF NEEDED) 9.3.1 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 9.3.2 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.3.3 Association of Bay Area Governments (ABAG) 9.3.4 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.3.5 Sonoma Clean Power Authority (SCPA) 9.3.6 Other 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 MOTION - CONTRACT EXTENSION - INVESTMENT ADVISORY SERVICES RECOMMENDATION: It is recommended by the Finance Department that the Council, by motion, approve Amendment No. 3 to Contract No. 8687 for a two-year extension for investment advisory services, with a decrease in the annual fee charged for assets under management, to PFM Asset Management LLC, San Francisco, California, in the amount of $346,000. Funds for this extension have been budgeted in the Finance Department Fiscal Year 2013-14 budget key number 380900, PFM Investment Advisory Services, and will be budgeted in the next Fiscal Year when approved by Council. Attachments Staff Report Staff Report Attachment 11.2 RESOLUTION - RATIFICATION OF RENTAL AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND NICHOLAS J. ALVAREZ RECOMMENDATION: It is recommended by the Department of Recreation and City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 9 CITY COUNCIL OCTOBER 8, 2013 Parks that the Council, by resolution, ratify the Rental Agreement between the City of Santa Rosa and Nicholas J. Alvarez for the residential unit located at 630 Summerfield Road, Santa Rosa, effective December 20, 2011. Attachments Staff Report Staff Report Attachment Resolution Resolution Exhibit A 11.3 RESOLUTION - GRANTING APPEAL FILED ON BEHALF OF DAVID AND JACQUELINE MARCUS, OF THE FINAL DECISION BY THE CITY ENGINEER NOT TO PROCESS A REIMBURSEMENT AGREEMENT RELATED TO THE 2003 CONSTRUCTION OF A PUBLIC SEWER MAIN EXTENSION IN GLENWOOD COURT BY A PRIVATE DEVELOPER RECOMMENDATION: At the October 1, 2013, Regular Meeting, the City Council granted this appeal by a 7-0 vote subject to certain conditions. This resolution grants the appeal filed on behalf of David and Jacqueline Marcus, of the final decision by the City Engineer not to process a reimbursement agreement related to the 2003 construction of a public sewer main extension in Glenwood Court by a private developer. Attachments Resolution 11.4 ORDINANCE ADOPTION - ADOPTING A DEFINITION FOR INTERRUPTIBLE RECYCLED WATER CUSTOMER AND ADDING PROVISIONS REGARDING RATES FOR CURRENT INTERRUPTIBLE RECYCLED WATER CUSTOMERS RECOMMENDATION: This ordinance, introduced at the October 1, 2013, Regular Meeting by a 7-0 vote, amends certain sections of Chapter 14-04 (Potable Water and Recycled Water Service) of the Santa Rosa City Code to define interruptible recycled water customer and to add provisions for recycled water rates for current interruptible recycled water customers. Attachments Ordinance Ordinance Summary 12. REPORT ITEMS 12.1 REPORT - VOLUNTARY DISCLOSURE AGREEMENTS WITH UTILITY SERVICE PROVIDERS BACKGROUND: Companies that provide telephone, gas, electricity, and video services are required to collect a 5% Utility Users Tax (UUT) and remit it to the City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 9 CITY COUNCIL OCTOBER 8, 2013 City. Service providers who fail to comply are subject to a 15% penalty on the total unremitted tax. The City strives for full compliance with the UUT Ordinance, and one method to bring companies into compliance is to enter into a Voluntary Disclosure Agreement when they make a good faith attempt to pay unremitted UUT. These agreements are common in the industry and recommended by the City’s UUT consultant. Typically, the agreement would waive late penalties in exchange for the full payment of unremitted tax. While the UUT Ordinance gives the City’s Chief Financial Officer (CFO) the authority to administer the tax, it does not expressly give the CFO the authority to enter into agreements waiving the 15% penalty on unremitted UUT. This Resolution would give the CFO this authority. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, authorize the Chief Financial Officer to enter into Voluntary Disclosure Agreements to waive penalties where the amount of the unremitted Utility Users Tax is $50,000 or less. Attachments Staff Report Resolution VDA Presentation (10-8-13_12 1) FINAL 12.2 REPORT - ADOPTION OF BAYER NEIGHBORHOOD PARK & GARDENS AMENDED MASTER PLAN BACKGROUND: In order to provide immediate programming at the site, the Recreation and Parks Department partnered with LandPaths, a local nonprofit to provide "interim" onsite programming and community garden activities. LandPaths’ interim role at the park has evolved and grown over the years, and both the City and LandPaths are committed to working together to make the park a success for years to come. The goal was to create a park that suited the needs of the community and community participation was integral to the planning from the outset. Over several months, steering committee meetings and public workshops were conducted to fully enable public participation in the park planning process; over fifteen public meetings were held. During the community outreach process, a sense of community ownership developed and residents became deeply committed to the planning process as well as the future park. During the planning workshops, members of the public chose features that were best suited to the needs of the community and determined the placement within the park. In 2011, it was presented to Council that it was anticipated that the Park Master City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 9 CITY COUNCIL OCTOBER 8, 2013 Plan will require additional design work from the project team and a contract amendment would be presented before Council when the scope was further defined. On July 24, 2013, the Board of Community Services reviewed the amended Park Master Plan and recommends that Council approve the Amended Park Master Plan as the plan for this site. RECOMMENDATION: It is recommended by the City Manager’s Office, Recreation and Parks and the Board of Community Services that the Council, by resolution, adopt the Bayer Neighborhood Park and Gardens Amended Master Plan. Attachments Staff Report Staff report attachment Resolution Resolution attachment Presentation 12.3 REPORT - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ROSA’S RECREATION AND PARKS DEPARTMENT AND THE SANTA ROSA PARKS FOUNDATION BACKGROUND: Santa Rosa Parks Foundation (SRPF) is a non-profit organization consisting of a dedicated group of community volunteers that was formed to engage the community and fundraise in support of Santa Rosa’s recreation and parks programs and facilities. SRPF’s first project is to raise funds for the purchase of a new train for Howarth Park, a set of replacements parts for the train, and one new passenger car that is ADA Accessible. The current train is 44 years old and in need of constant repairs, incurring annual maintenance costs in excess of $10,000. Currently, there is not a replacement fund set up for the train. The proposed Memorandum of Understanding between the City of Santa Rosa and Santa Rosa Parks Foundation will bring in funds to replace the Howarth Park train, one of the City’s most popular park features that has been enjoyed by families for 44 years. RECOMMENDATION: It is recommended by the Department of Recreation and Parks that Council, by resolution, approve this Memorandum of Understanding between the City of Santa Rosa and Santa Rosa Parks Foundation to raise funds to replace the Howarth Park train and authorizes the Director of Recreation and Parks signing authority to enter into this Memorandum of Understanding. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 9 CITY COUNCIL OCTOBER 8, 2013 Attachments Staff Report Staff Report Attachment Resolution Resolution Exhibit A Presentation 5:00 P.M. 13. PUBLIC HEARINGS - NONE 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 QUARTERLY CAPITAL IMPROVEMENT PROGRAM PROJECTS UPDATE: APRIL - JUNE 2013 Attachments Memo Memo Attachment 1 Memo Attachment 2 Memo Attachment 3 15. PUBLIC COMMENTS ON NON-AGENDA MATTERS This is the time when any person may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker is allowed three minutes. To address the Council you are requested to complete the yellow Speaker’s Card and give it to the City Clerk. If you are unable to or do not wish to wait for the public comment portion of the agenda, you are encouraged to contact the Council or City Clerk directly by emailing your information to cityclerk@srcity.org or by telephoning the Council and City Manager’s Office at 707-543-3010. 16. [IF NEEDED] - ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEM(S), RECESS TO CLOSED SESSION(S) IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS, IF ANY 17. ADJOURNMENT OF MEETING City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 9 CITY COUNCIL OCTOBER 8, 2013 *Did not appear on the preliminary agenda. **Quasi-judicial or adjudicative action. The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability-related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in public meetings are available by contacting the City Clerk’s Office at 543-3015 or cityclerk@srcity.org 48 hours prior to the meeting. TDD 543-3063 Meeting information can also be accessed via the internet at http://srcity.org