City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT JANUARY 14, 2014 2:15 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: Kathleen Millison, City Manager and Jennifer Phillips, Assistant City Manager. Unrepresented Executive Management, Middle Management, and Confidential Employees (Employee Units 10, 11 and 12). 2.2 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 12 CITY COUNCIL JANUARY 14, 2014 RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 3:00 P.M. (CITY COUNCIL CHAMBER) 3. STUDY SESSIONS Study Session items are items for in-depth discussion and possible direction to staff. No action may be taken. 3.1 CITY ATTORNEY-CITY COUNCIL RELATIONSHIP AND ATTORNEY-CLIENT PRIVILEGE This Study Session will review the nature of the relationship between the City Attorney and the City Council and clarify the role of the City Attorney. The study session will also review the attorney-client privilege with respect to communications from the City Attorney to the City Council. Attachments Staff Report Attachment Presentation (uploaded 1/14/2014) 3.2 COUNCIL COMMUNICATION PROTOCOL FOR CRITICAL INCIDENTS This Study Session will review and clarify current Council communication protocols for critical incidents and also review related city department communication protocols for critical incidents. The Study Session will include a review of related communication protocols in use by other cities. Attachments Presentation (uploaded 1/13/2014) 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: City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 12 CITY COUNCIL JANUARY 14, 2014 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 PRESENTATION - RESPONSIBLE ALCOHOL MERCHANT AWARDS 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 DISCUSSIONS INSPIRING NEIGHBORHOOD ENGAGEMENT (DINE) IV SUMMARY On October 11, 2013, 86 residents participated in the fourth DINE event to discuss “Cultural and Ethnic Diversity” in our community. Staff will provide a summary of the themes and feedback received from participants. Attachments Presentation 7.2 SANTA ROSA AVENUE WIDENING PROJECT - CONSTRUCTION OVERVIEW Staff will provide an overview of the Santa Rosa Avenue Widening project as construction commences to upgrade sewer and water lines and ease congestion along this vital transportation corridor. Attachments Presentation 7.3 NEIGHBORHOOD REVITALIZATION PROGRAM HOLIDAY DINNER FOOD DRIVE Staff will update Council on the Neighborhood Revitalization Program that provided Holiday Dinners to 120 families in the focus neighborhoods. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 12 CITY COUNCIL JANUARY 14, 2014 Attachments Presentation (uploaded 1/13/2014) 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 9.3.5 Sonoma Clean Power Authority (SCPA) Election of SCPA Representative 9.3.6 Other 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN TO CREATE THE CLASSIFICATION OF POLICE INFORMATION TECHNOLOGY SUPERVISOR RECOMMENDATION: It is recommended by the Human Resources City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 12 CITY COUNCIL JANUARY 14, 2014 Department that the Council, by resolution, amend the City Classification and Salary Plan to create the classification of Police Information Technology Supervisor with a salary range of $6,570 - $7,987 per month, in Unit 18, Miscellaneous Mid-Management. No new positions are being added and no additional funding is requested. Attachments Staff Report Resolution 11.2 RESOLUTION - NEPTUNE SWIM CLUB LICENSE AGREEMENT TO USE CITY’S AQUATIC FACILITIES RECOMMENDATION: It is recommended by the Recreation and Parks Department that the Council, by resolution, approve the License Agreement for the Neptune Swim Club to use the City’s aquatic facilities and authorizes the Director of Recreation and Parks to execute and administer this and any future License Agreement with the Neptune Swim Club for the same purpose. Attachments Staff Report Staff Report Attachment - License Agreement Resolution Resolution Attachment - Exhibit A 11.3 RESOLUTION - LEVYING AND ASSESSING WASTEWATER SERVICE CHARGES RECOMMENDATION: On January 7, 2014, the City Council by a 5-2 vote approved the proposed 2014 wastewater service charges. As directed by Council, staff recommends that Council approve a Resolution Levying and Assessing Wastewater Service Charges and Repealing Resolution 28018. Attachments Staff Report Resolution 11.4 ORDINANCE INTRODUCTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SECTIONS 14-04.090 AND 14-08.010 AND READOPTING SECTION 14-08.015 OF THE SANTA ROSA CITY CODE, REVISING MONTHLY SERVICE CHARGES AND RATES CHARGED FOR CITY WATER SERVICES AND READOPTING City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 12 CITY COUNCIL JANUARY 14, 2014 THE WHOLESALE RATE PASS THROUGH ADJUSTMENT RECOMMENDATION: On January 7, 2014, the City Council by a 5-2 vote approved the proposed 2014 monthly service charges and rates charged for City water services and the readoption of the wholesale rate pass through adjustment. As directed by Council, staff recommends that Council introduce and waive further reading of an Ordinance Amending Sections 14-04.090 and 14-08.010 and Readopting Section 14-08.015 of the Santa Rosa City Code, Revising Monthly Service Charges and Rates Charged for City Water Services and Readopting the Wholesale Rate Pass Through Adjustment. Attachments Staff Report Ordinance 11.5 ORDINANCE ADOPTION - AMENDMENT TO CERTAIN SECTIONS OF CHAPTER 10-40 OF THE SANTA ROSA CITY CODE - MEDICAL CANNABIS DISPENSARIES RECOMMENDATION: This ordinance, introduced at the January 7, 2014, Regular Meeting by a unanimous vote, amends certain sections Of Chapter 10-40 of the Santa Rosa City Code - Medical Cannabis Dispensaries. Attachments Ordinance 11.6 ORDINANCE ADOPTION - ADDING CHAPTER 3-60 TO THE SANTA ROSA CITY CODE - DESIGN-BUILD PROCUREMENT RECOMMENDATION: This ordinance, introduced as amended at the January 7, 2014, Regular Meeting by a unanimous vote, adds Chapter 3-60, Design-Build Procurement, to the Santa Rosa City Code. Attachments Ordinance 12. REPORT ITEMS 12.1 REPORT - AGREEMENTS BETWEEN CITY OF SANTA ROSA AND SANTA ROSA COMMUNITY MEDIA ACCESS CENTER, INC. BACKGROUND: In early 2011, the City began meeting with the Santa Rosa Community Media Access Center, Inc. to negotiate a new contract City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 12 CITY COUNCIL JANUARY 14, 2014 for the operation of PEG access channels and the management of the Community Media Center. The City and Media Center met for over a year, but were unable to agree to a new long-term contract due to the City’s position that the Media Center develop a sustainable, partnership-based business plan that did not rely almost entirely on City funding. The City and Media Center agreed to a one-year agreement to afford the Media Center the opportunity to develop and execute a new business plan. On March 19, 2013, Council directed staff to extend the agreement with CMCNB for an additional six months under the current terms and conditions of the existing contract for the total cost of $450,000. Council also directed staff to meet with interested education partners to discuss transitioning Education Access to the education community; and initiate a community-based facilitation to identify a collaborative, community-based solution for regional Public Access and a community media lab. Significant changes in the Media Center aided discussions between potential collaborative agencies. Community Media Center of the North Bay has hired a new Executive Director who has made significant changes including rebranding (now doing business as “CMedia”), and a renewed mission. CMedia Executive Director has also met with the City’s Marketing and Communications Team and presented client videos that showcased a range of styles from public service announcements (PSAs) to conceptual and narrative work. RECOMMENDATION: It is recommended by the City Manager’s Office and the Information Technology Department that the Council, by resolution, approves 1) a new three-year Agreement; and 2) the First Amendment to the Agreement to the Site Sublease, between the City and the Santa Rosa Community Media Access Center, Inc. dba CMedia. Attachments Staff Report Staff Report Attachment 1 - Agreement Staff Report Attachment 2 - Amendment Resolution Resolution Exhibits City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 12 CITY COUNCIL JANUARY 14, 2014 12.2 REPORT - SECOND AMENDMENT TO SONOMA COUNTY WASTE MANAGEMENT AGENCY JOINT POWERS AUTHORITY AGREEMENT AND SINGLE USE CARRYOUT BAG BAN ORDINANCE BACKGROUND: On September 10, 2013, staff presented the City Council with the Sonoma County Waste Management Agency (SCWMA) regional single use carryout bag ban ordinance. Council directed staff to prepare a carryout bag ordinance for the City of Santa Rosa modeled after the ordinance proposed by the SCWMA in order to retain local control and enforcement authority to better serve our community and directed the City’s representative to articulate the City’s position to the SCWMA Board. At the September 2013 SCWMA Board meeting, the Board discussed alternative approaches to a carryout bag ban ordinance and directed Agency Counsel to prepare an amendment to the Joint Powers Authority (JPA) agreement that would clearly state the Agency has the authority to adopt such an ordinance and to allow agency member agencies to opt out. This JPA amendment addresses the City’s concerns and staff recommendation for approval of the amendment which will authorize the City’s SCWMA Board representative to vote in favor of this amendment at the January 2014 Board meeting. Adoption of this amendment by all member agencies and then unanimously by the SCWMA Board will enable enactment of a countywide ordinance for member agencies interested in participating. The proposed Santa Rosa carryout bag ordinance mirrors the ordinance under consideration by the SCWMA which is primarily concerned with reducing the amount of waste associated with carryout bags through prohibition of plastic carryout bags and the imposition of a minimum charge on recycled content paper bags. RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by motion, approve the Second Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to deal with waste management issues and direct staff to finalize an ordinance of the Council of the City of Santa Rosa establishing a Waste Reduction Program for Carryout Bags. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 12 CITY COUNCIL JANUARY 14, 2014 Attachments Staff Report Staff Report Attachment 1 - Second Amendment (updated) Staff Report Attachment 2 - Draft Ordinance 12.3 REPORT - RATIFICATION OF THE OPERATION OF 68 TEMPORARY EMERGENCY SHELTER BEDS AT SAMUEL JONES HALL THROUGH MARCH 31, 2014, AND BUDGET AUTHORIZATION BACKGROUND: The City Council held a Study Session on December 10, 2013 related to Council Goal 5, specifically to discuss the strategic objective to “Seek Opportunities to Increase Affordable Housing and Emergency Shelter Beds”. The Study Session concluded that more funding for affordable housing is needed, however, given the current need for emergency shelter beds, Council had interest to seek options to help get people sheltered on cold and wet nights. As a result, Council directed staff to explore the feasibility of shelter beds at the Santa Rosa Armory or other public facilities. In collaboration with Catholic Charities and the County of Sonoma, staff began to explore temporary shelter options. The Armory was available, however, there were limiting circumstances at the Armory, including, availability, the security and janitorial services requirement, and cost that led to the gymnasium at Samuel Jones Hall as the preferred location. Additionally, Catholic Charities currently operates the 120-bed shelter program and could move quickly to expand its services. A provision in the City’s Zoning Code enabled the Director of Community Development to exempt the requirement for a Temporary Use Permit due to “emergency public health and safety needs/activities”, which allowed start up of the 68 temporary emergency shelter bed program almost immediately. Council’s ratification of this exemption and budget appropriation for the operational costs will permit the temporary emergency shelter beds to remain in place through March 31, 2014. RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the City Council approve, by resolution, ratification of the Temporary Use Permit exemption, pursuant to City Zoning Code Section 20-52.040(C)(2), in order to allow for the continued operation of 68 temporary emergency shelter beds at Samuel City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 12 CITY COUNCIL JANUARY 14, 2014 Jones Hall through March 31, 2014 and appropriation of $74,500 from General Fund Reserves to the City’s Emergency Shelter Operations Account 340701. Attachments Staff Report Staff Report Attachment 1 - Agreement Resolution 12.4 REPORT - REVIEW OF ACTIONS TO ADDRESS COMMUNITY TRAGEDY AND PATH TO HEALING BACKGROUND: In the aftermath of the community tragedy involving the death of Andy Lopez there have been a number of actions taken to develop a path to community healing. City staff will review the community outreach and support offered to youth and families and the City participation in the County Task Force on community and local law enforcement. RECOMMENDATION: It is recommended that the Council receive the information, take comments from the public and provide comment or direction to staff as appropriate. Attachments Staff Report Staff Report Attachment (THE COUNCIL MAY RECESS DURING THE EVENING FOR A 30-MINUTE DINNER BREAK) 5:00 P.M. 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - ORDINANCE INTRODUCTION - REZONING OF 2101 WEST COLLEGE AVENUE BACKGROUND: On November 21, 2013, the Planning Commission held a public hearing and adopted a resolution (6-0-1) recommending rezoning of a 1.86 acre site located at 2101 West College Avenue, known as College Plaza. The rezoning would change the zoning of the site from PD-0356 (Planned Development) to CN (Neighborhood Commercial), consistent with policies in the General Plan. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 12 CITY COUNCIL JANUARY 14, 2014 RECOMMENDATION: It is recommended by the Planning Commission and the Department of Community Development that the Council introduce an ordinance rezoning 2101 West College Avenue to the CN (Neighborhood Commercial) zoning district. Attachments Staff Report Staff Report Attachment 1 - Location Map Staff Report Attachment 2 - Site Plan and Zoning Map Staff Report Attachment 3 - PD-356 Ordinance and policy statement Staff Report Attachment 4 - Planning Commission Resolution 11658 Staff Report Attachment 5 - Draft Minutes Ordinance Presentation 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 MARIN / SONOMA MOSQUITO & VECTOR CONTROL DISTRICT DECEMBER 11, 2013, TRUSTEE MEETING MEMORANDUM FROM SANTA ROSA REPRESENTATIVE WILLIAM PITCHER. Provided for information. Attachments Memorandum 14.2 LETTER RE S. 316 AND H.R. 630: THE POSTAL SERVICE PROTECTION ACT (HANCOCK): For Council action. Attachments Letter 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. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 12 of 12 CITY COUNCIL JANUARY 14, 2014 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. 18. UPCOMING MEETINGS 18.1 Upcoming Meetings List Attachments List 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 one week prior to the meeting. TDD 543-3063 Meeting information can also be accessed via the internet at http://srcity.org