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 15, 2013 Vice Mayor Carlstrom will be participating in the meeting via teleconference from 445 Denton Way, Santa Rosa, California, at a location which is publicly accessible. This agenda shall be posted at this location. 3:00 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). 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 11 CITY COUNCIL OCTOBER 15, 2013 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). 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 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 - NORTH BAY DISCOVERY DAY 6.2 PROCLAMATION - SPECIAL OLYMPICS DAY City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 11 CITY COUNCIL OCTOBER 15, 2013 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 COMBINED HEAT AND POWER FACILITY COMMISSIONING The new Combined Heat and Power Facility at the Laguna Treatment Plant was formally commissioned on September 18, 2013. The facility replaces a 40 year old facility and uses recovered digester gas to generate 1/3 of the Plant's summertime power needs. Staff will update the Council on the purpose and benefit of the project, as well as the $2.4 million incentive the project qualified for from PG&E. 8. APPROVAL OF MINUTES - NONE 9. MAYOR'S/COUNCILMEMBERS' REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9.2 MAYOR'S/COUNCILMEMBERS’ REPORTS 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 11 CITY COUNCIL OCTOBER 15, 2013 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 AWARD FOR MAIL SERVICES WITH THE COUNTY OF SONOMA RECOMMENDATION: It is recommended by the Finance Department, that the Council, by motion, approve the agreement with the County of Sonoma, California for the provision of mail services during the period of November 1, 2013 through June 30, 2016, in an amount not to exceed $400,000. Funds for this operational expense have been allocated in the FY 2013-14 budget of the Finance Department, Key Number 050203, Object Code 5340, and will be allocated in subsequent fiscal year budgets when approved by Council. 11.2 RESOLUTION - FIFTH AMENDMENT TO COOPERATIVE AGREEMENT TO IMPLEMENT ENERGY INDEPENDENCE PROGRAM RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, extend the cooperative agreement to participate in Sonoma County Energy Independence Program (SCEIP) for another year. During that time, revised language pertaining to the disposition of the environmental credits earned from SCEIP financed projects to include all participating jurisdictions may be finalized. *11.3 RESOLUTION - RELEASE OF THE CITY’S LIENS RECORDED AGAINST THE FORMER AT&T PROPERTY, LOCATED AT 520 THIRD STREET RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the Council, by resolution, authorize the Mayor to release the City’s liens recorded against the former AT&T property, located at 520 Third Street, by executing two Substitution of Trustee and Deed of Partial Reconveyance documents. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 11 CITY COUNCIL OCTOBER 15, 2013 12. REPORT ITEMS 12.1 REPORT - ADOPTION OF MEMORANDUM OF UNDERSTANDING - UNIT 2 FIREFIGHTING, REPRESENTED BY INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, IAFF, LOCAL 1401 BACKGROUND: The City’s representatives and representatives from Unit 2 Firefighting, represented by International Association of Firefighters, IAFF, Local 1401, have met and conferred concerning a successor Memorandum of Understanding. The significant changes in the proposed agreement are: In the first year, there will be no increase to salary, employees will begin payment of full member 9% PERS contribution, an additional 24 hours in vacation accrual at employment year 15 and 20, and transition to a firefighter/paramedic program. In the second year, employees will received a 2% salary increase which will be offset by an additional 1.5% contribution to PERS for a total PERS contribution of 10.5%, and begin paying 5% of the combined dental and vision premium. In the third year, employees will receive a 2.5% salary increase, which will be offset by an additional 2% contribution to PERS for a total PERS contribution of 12%, which is the maximum allowable under Government Code Section 20516.5. RECOMMENDATION: It is recommended by the City's Negotiating Team that the Council: 1. By resolution, adopt the Memorandum of Understanding for and on behalf of the City's Unit 2, Firefighting, represented by International Association of Firefighters, IAFF, Local 1401. This agreement will be effective October 15, 2013 to June 30, 2016 and; 2. By resolution, effectuate the changes with PERS and implement the 9% employee member contribution. 12.2 REPORT - UTILITY CERTIFICATE FOR 3319 PRIMROSE COURT (AVENUE) - UC13-008 BACKGROUND: On August 27, 2013, the applicant applied for a Utility Certificate in response to a request from the Sonoma County Permit and City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 11 CITY COUNCIL OCTOBER 15, 2013 Resource Management District (PRMD) to get the City of Santa Rosa’s approval before applying for a building permit for a proposed 1,050 square foot addition to the home at the subject site. The site has had City sewer service since 1974. RECOMMENDATION: It is recommended by the Department of Community Development that the Council approve, by resolution, a Utility Certificate to continue to provide sewer service for the property located at 3319 Primrose Court. 12.3 REPORT - APPROVAL OF POLICY DELEGATING APPROVAL OF MEMORANDA OF UNDERSTANDINGS TO RECREATION AND PARKS DIRECTOR BACKGROUND: The Recreation and Parks Department frequently has opportunities to expand recreation programs and utilize service groups for the benefit of both the community and the Department. These opportunities become available in a variety of ways, including volunteer efforts and partnerships with community groups, the County of Sonoma, other cities, schools, and non-profit organizations. Each year, these efforts have a significant impact on Recreation and Parks’ ability to provide recreation programs and enhanced maintenance of parks and certain facilities. Currently, there is no policy in place for delegation of signing authority for such agreements, requiring Council action for each agreement. RECOMMENDATION: It is recommended by the Department of Recreation and Parks that Council, by resolution, approve a policy that authorizes the Director of Recreation and Parks to approve and execute Memoranda of Understandings with other parties related to community services, activities and events. 12.4 REPORT - FIRST AMENDMENT TO THE LEASE BETWEEN THE CITY OF SANTA ROSA AND THE COMMUNITY CHILD CARE COUNCIL OF SONOMA COUNTY BACKGROUND: Northwest Community Park located on Marlow Road is developed with a day care building, fenced play yard and play structure that been leased and operated as a day care facility since 1999, in addition to the 4.5 acres of parkland. The Community Child Care Council City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 11 CITY COUNCIL OCTOBER 15, 2013 of Sonoma County (4Cs) began leasing the Site on July 1, 2007 at a rate of $600.00 per month. The lease, approved by Council in June 2007, had a one year term and allowed for two consecutive one-year extensions to June 30, 2010. The terms of the lease provided 4Cs with holdover tenancy on a month-to-month basis if they did not vacate the Site; if the tenant held over, the monthly payment shall be equal to one hundred twenty-five percent (125%) of the rent payable prior to the end of the term or $750 per month. 4Cs wishes to continue occupying the Site and is requesting that the Council set the monthly rental rate of $750.00 to become effective July 1, 2013. RECOMMENDATION: It is recommended by the Department of Recreation and Parks that Council, by resolution, approve the First Amendment to the Lease between the City of Santa Rosa and the Community Child Care Council of Sonoma County located at 2536 Marlow Road, Santa Rosa, and establish the monthly rental rate of $750.00 to become effective July 1, 2013. 12.5 REPORT - BENNETT VALLEY GOLF COURSE REPORT BACKGROUND: The Bennett Valley Golf Course (BVGC) is owned by the City of Santa Rosa and was built in 1969. In 1974 the City entered into an agreement with John Flachman for the supervision and operation of the BVGC. In 1997 the City entered into a new five-year agreement with John Flachman for the supervision and operation of the BVGC. In 2001 Flachman requested, and the City approved, an amendment to this agreement adding Robert Borowicz (“Operator”) to the agreement. In 2002, the agreement was extended for three years, expiring in June 2005. In 2005 the City and Borowicz removed Flachman from the agreement and extended the agreement for five years, through 2010 with an additional five year option to June 2015. In June 2012, the City approved Amendment No. 1 to the Agreement between the City and Robert Borowicz that altered the annual payments to the Operator by reducing the annual cost of living increase from 2.75% to 1.5% for six of the remaining terms of the agreement until the final term of the agreement in FY 2018-19 at which time the Operator would City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 11 CITY COUNCIL OCTOBER 15, 2013 receive a 15.33% increase. Although this amendment was projected to save over $433,000 over the life of the contract, the course continued to experience financial challenges. As another step towards improving the operations and financial stability of BVGC and within the terms of the agreement, the City solicited bids in September 2012 for a performance review of the golf course operations in the areas of revenue generation, customer service, and maintenance. The City selected Sirius Golf Advisors and their work was conducted in February 2013 with a draft report provided to the City in March 2013 and final report delivered in April 2013. The purpose of the review and evaluation conducted by Sirius Golf Advisors was to identify areas for improvement of the operations with this goal of increasing revenues and reducing costs. Overall, the review and evaluation found the operation was well managed. Areas for improvement were found in five general areas: capital improvements, financial controls, operational changes, fee restructuring and improved marketing. Staff has reviewed the report in detail with the Operator. Based on the outcome of both the operational and contractual reviews, the City initiated negotiations with the Operator. A first phase in this process was to negotiate a one-year agreement for FY 2013-14 that reduces the payments made to the Operator, increases the Operator’s responsibilities and requires that the Operator hire a marketing consultant and work collaboratively with the City in preparing a five year strategic business plan. RECOMMENDATION: It is recommended by the City Manager’s Office, that the City Council, by motion, accept this report and direct staff to negotiate a new, multi-year agreement with the Operator that would begin in FY 2014-15. 12.6 REPORT - SECOND AMENDMENT TO BENNETT VALLEY GOLF COURSE MANAGEMENT AND OPERATIONS AGREEMENT AND ROBERT BOROWICZ BACKGROUND: The Bennett Valley Golf Course (BVGC) is a valued community asset and is a well-regarded and heavily played golf course in Sonoma County. The City and operator are both committed to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 11 CITY COUNCIL OCTOBER 15, 2013 preserving and enhancing this community asset and have been meeting regularly to develop both a short-term and long-term strategy focused on fiscal stability for the BVGC. The City and operator agree that a short-term goal for FY 2013-14 is to balance revenues and expenditures, thereby not drawing from reserves. The current agreement provides the operator with a 1.5% increase for FY 2013-14 and a monthly payment of $74,158. The operator has agreed to reduce the monthly payment to $70,000 for the entire FY 2013-14. This amounts to a savings of $49,896. In addition, the operator agrees to assume financial responsibility for the supplies account up to a maximum amount of $45,000 for the entire FY 2013-14. Lastly, in an initial step towards a long-term strategy, the operator agrees to hire, at his sole expense, a marketing consultant to assume all marketing and advertising duties and responsibilities for the BVGC, which includes active on-line, print and other media to increase play at the course. RECOMMENDATION: It is recommended by the City Manager’s Office that the City Council, by resolution, authorize the Mayor to execute the Second Amendment to the Bennett Valley Golf Course Management and Operations Agreement with Robert Borowicz and authorize the Director of Recreation and Parks to administer the Amended Agreement. (THE COUNCIL MAY RECESS DURING THE EVENING FOR A DINNER BREAK) 5:00 P.M. 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - BENNETT VALLEY GOLF COURSE GREEN FEE INCREASE BACKGROUND: Bennett Valley Golf Course (BVGC) is operated as an enterprise fund generating revenue through green fees, sales at the pro shop and lease revenue from the adjacent Legends restaurant. The City increased green fees in 2008, 2009, and 2010 which was part of the strategy to fund the construction of the new buildings which were completed in 2007. Green fees were increased again for FY 2012-13, an City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 11 CITY COUNCIL OCTOBER 15, 2013 average of five percent (5%) which equated to an additional $1 per round of golf. An independent, third party survey of other Sonoma county municipal and public courses shows that current Bennett Valley Golf Course fees continue to be competitive with fees charged at other courses in the area and therefore it is anticipated that an increase in green fees will not adversely affect the number of rounds played. The proposed green fees increases range from $1 to $3 per individual round, increase the annual pass by approximately seven percent (7%), and add new pricing for play at various times of the day to optimize use of the course. Council Policy 000-56 states that reserves “shall be maintained at a level of between six and eight months of operating expenses, with an additional $200,000 kept in reserve for emergency expenditures.” Currently BVGC is not meeting the minimum reserves required. A plan to increase the reserves over a 5-7 year period will include restructuring the golf course operator’s agreement; the proposed fee increase for FY13-14; a reduction in controllable expenditures; and an updated branding and marketing plan to increase the number of golfers. RECOMMENDATION: It is recommended by the City Manager’s Office and Recreation and Parks that the Council, by resolution, approve the proposed restructured green fees for the Bennett Valley Golf Course as set forth in the Green Fee Schedule, effective January 1, 2014. **13.2 PUBLIC HEARING - DICK’S SPORTING GOODS - CLEVELAND RETAIL DESIGN REVIEW APPEAL - 1975 CLEVELAND AVENUE, FILE NO. DR12-037 (THIS APPEAL HAS BEEN WITHDRAWN BY THE APPELLANT.) BACKGROUND: On August 15, 2013, the Design Review Board granted preliminary design review and delegated final design review approval to staff for an approximately 49,862-square foot, single-occupant retail building and an approximately 2,480-square foot, free standing (frontage) building on the approximately 3.7 acre site located at 1975 Cleveland Avenue. On August 26, 2013, an appeal was filed by the Community Connector Bridge City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 11 CITY COUNCIL OCTOBER 15, 2013 Advocacy Group. RECOMMENDATION: THIS APPEAL HAS BEEN WITHDRAWN BY THE APPELLANT. 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 LETTER TO GOVERNOR REQUESTING VETO ON AB 792 (MULLIN) UTILITY USER TAX: EXEMPTION - Provided for information. 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 *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