City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT APRIL 1, 2014 2:00 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, and Paul Carroll, Employee Relations Manager, 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). 2.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Government Code Section 54956.9: one case regarding potential Sonoma County Landfill liability 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 13 CITY COUNCIL APRIL 1, 2014 2.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9) Name of Case: Majesky v. City of Santa Rosa, et al. Court Case No. Sonoma County Superior Court, Case No. SCV-252763 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 - NATIONAL CRIME VICTIMS’ RIGHTS WEEK AttachmentsProclamation 6.2 PROCLAMATION - SEXUAL ASSAULT AWARENESS MONTH AttachmentsProclamation City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 13 CITY COUNCIL APRIL 1, 2014 6.3 PROCLAMATION - WEEK OF THE YOUNG CHILD AttachmentsProclamation 6.4 PROCLAMATION - NATIONAL VOLUNTEER WEEK AttachmentsProclamation 7. STAFF BRIEFINGS - NONE. 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. 8. APPROVAL OF MINUTES 8.1 February 11, 2014, Special Meeting AttachmentsDraft Minutes 8.2 March 4, 2014, Regular Meeting AttachmentsDraft Minutes 8.3 March 11, 2014, Regular Meeting AttachmentsDraft Minutes 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) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 13 CITY COUNCIL APRIL 1, 2014 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 Sonoma County Waste Management Agency (SCWMA) 9.3.6 Other 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 MOTION - BID AWARD - CAB AND CHASSIS WITH 40-FOOT AERIAL LIFT BUCKET AND UTILITY BODY, AND CAB AND CHASSIS WITH 40-FOOT AERIAL LIFT BUCKET AND CHIPPER BODY RECOMMENDATION: It is recommended by the Finance, Transportation and Public Works, and Recreation and Parks Departments that the Council, by motion, approve the award and issuance of two purchase orders for one 2015 Cab and Chassis with a 40-foot Aerial Lift Bucket and Utility Body in the amount of $125,076.69, and one 2015 Cab and Chassis with a 40-foot Aerial Lift Bucket and Chipper Body in the amount of $154,917.69 to Hansel Ford, Santa Rosa, California, a total amount of $279,994.38. Funding for this procurement has been budgeted in fiscal year 2013/14 under the Transportation and Public Works - E & R Replacement - Key 300106-5584. AttachmentsStaff Report 11.2 RESOLUTION - FIRST AMENDMENT TO THE AGREEMENT WITH START-SOCO, DBA ARTSTART RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, approve the First City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 13 CITY COUNCIL APRIL 1, 2014 Amendment to the Agreement between the City of Santa Rosa and Start-Soco, DBA Artstart for operation and management of a youth summer apprenticeship program. AttachmentsStaff Report Attachment Resolution Exhibit A 11.3 RESOLUTION - ACCEPTANCE OF DONATION FROM THE LUTHER BURBANK HOME AND GARDENS ASSOCIATION FOR PICKET FENCE REPLACEMENT AT LUTHER BURBANK HOME AND GARDENS RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, accept a $51,000 donation from the Luther Burbank Home and Gardens Association for the picket fence replacement at Luther Burbank Home and Gardens. AttachmentsStaff Report Resolution 11.4 RESOLUTION - ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE STATE OF CALIFORNIA NATURAL RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, accept a grant from the State of California Natural Resources Agency Department of Parks and Recreation, Division of Boating and Waterways to enhance boating safety education and purchase associated equipment, and appropriate a budget increase of $14,300 in account No. 390403-5341, Howarth Park, and authorize the Director of Recreation and Parks to execute the grant agreement. AttachmentsStaff Report Attachment Resolution Exhibit City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 13 CITY COUNCIL APRIL 1, 2014 11.5 RESOLUTION - APPROVAL OF A LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND REDWOOD EMPIRE LIVE STEAMERS, INC. TO OFFER MINIATURE TRAIN RIDES PROGRAM AT YOUTH COMMUNITY PARK RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, approve a License Agreement authorizing Redwood Empire Live Steamers, Inc. to provide a free Miniature Train Ride Program at Youth Community Park and authorizes the Director of Recreation and Parks to execute and administer this licensing agreement and any amendments with Redwood Empire Live Steamers, Inc. for the same purpose. AttachmentsStaff Report Attachment Resolution Exhibit A 11.6 RESOLUTION - LEASE AGREEMENT WITH START-SOCO, DBA ARTSTART, FOR 716 BENNETT VALLEY ROAD RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, approve a lease agreement between the City of Santa Rosa and Start-SoCo, DBA Artstart for the property located at 716 Bennett Valley Road. AttachmentsStaff Report Attachment Resolution Exhbit A City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 13 CITY COUNCIL APRIL 1, 2014 11.7 RESOLUTION - TERMINATION OF SONOMA COUNTY TAXPAYERS ASSOCIATION AGREEMENT RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, authorize the City Manager to execute a letter terminating the 2002 agreement with the Sonoma County Taxpayers Association, effective October 1, 2014. AttachmentsStaff Report Attachment Resolution 11.8 ORDINANCE ADOPTION - REZONE FOR THE SOCIAL ADVOCATES FOR YOUTH (SAY) DREAM CENTER LOCATED AT 2449 SUMMERFIELD ROAD AND SEVEN SURROUNDING PARCELS RECOMMENDATION: This ordinance, introduced at the March 25, 2014, Regular Meeting by a unanimous vote, approves the rezoning of eight parcels total 8.65 acres from the Planned Development 164 Zoning District as follows: five parcels (Assessor Parcel Nos. 014-361-045, 014-361-050, 014-361-059, 014-361-058, and 04-361-057) to rezone the PI (Public Institutional) District; and three parcels (Assessor Parcel Nos. 014-361-029, 014-361-041, and 014-361-044) to rezone to the CO (Office Commercial) District, consistent with the General Plan designations of these properties. AttachmentsOrdinance 12. REPORT ITEMS 12.1 REPORT - ACCEPTANCE OF PERMANENT EASEMENT FOR BUS TURNAROUND NEAR CODDINGTOWN AT RANGE AVENUE. (Continued from the March 11, 2014, Regular Meeting) BACKGROUND: The City Council continued this item from March 11, 2014, to April 1, 2014, and directed staff to return with additional information. A revocable license allows City buses to utilize private property to reverse directions on Range Avenue and serve Coddingtown at a bus turnout by City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 13 CITY COUNCIL APRIL 1, 2014 J.C. Penney. The former Redevelopment Agency and the Coddingtown Mall owner entered into an agreement that encouraged the owner to make tenant and mall entrance improvements and attract new tenants. In addition, the agreement called for upgrading the bus turnout in front of J.C. Penney. Subsequently, the City adopted the North Station Area Specific Plan, which now presents policy direction for a reconfigured and expanded off-street Transit Transfer Center. The bus turnout pursuant to the former Agency agreement may not align with the Transit Center envisioned by the Specific Plan. As a result, the Successor Agency Executive Director waived a condition in the agreement related to upgrading the bus turn out. The waiver is contingent upon the Council’s acceptance of a permanent easement offered by the mall owner that allows continued use of its property as a bus turnaround just south of J.C. Penney. This easement will preserve the City’s ability to provide transit service directly to Coddingtown until the Specific Plan Transit Center is constructed. RECOMMENDATION: It is recommended by the Transportation & Public Works Department and the Economic Development & Housing Department that the Council, by resolution, authorize the acceptance of a permanent easement for a bus turnaround near Coddingtown at Range Avenue and authorize the Mayor to execute the agreement and deed acknowledgement. AttachmentsStaff Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Resolution Exhibit 12.2 REPORT - ROSELAND ANNEXATION WORK PLAN BACKGROUND: On February 11, 2014, the City Council reviewed the City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 13 CITY COUNCIL APRIL 1, 2014 draft Roseland Annexation work plan, as well as the proposed planning efforts in southwest Santa Rosa. Following discussion, the Council directed staff to return in 45 days with a plan to begin the staff work on the Cost Estimates for the Roseland Annexation process prior to the start of fiscal year 2014/2015. Beginning this process 4 to 6 months sooner than envisioned in the work plan was discussed as a way to achieve a cost-sharing agreement with Sonoma County prior the end of 2014. The Council also requested that staff prepare a cost estimate of providing police services to the Roseland area prior to annexation, as well as to all other unincorporated areas within the urban growth boundary. RECOMMENDATION: It is recommended by the City Manager’s Office and the Department of Community Development that the Council, by resolution, 1) authorize staff to proceed with Phase 1 of a work plan for the Roseland Annexation; 2) appropriate funding in the amount of $1,171,355 into JL Key 00630, with the source of funds being the un-assigned fund balance of the general fund; 3) amend the City Classification and Salary Plan to add 1.0 two year Limited Term Full Time Equivalent Senior Planner in Development Review, 080300; and 4) reclassify the existing Community Development Director to Assistant City Manager, who will act as Roseland project manager. AttachmentsStaff Report Attachment Resolution Presentation 12.3 REPORT - REVIEW OF COUNCIL GOALS AND BUDGET REQUESTS, IDENTIFICATION OF SOURCES FOR FUNDING AND COUNCIL DIRECTION FOR INCLUSION IN FY 2014/15 BUDGET BACKGROUND: At the March 11, 2014 Council meeting, staff presented the summary on the Council Goals and Strategic Objectives that require an additional budget request for FY 2014/15. RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by motion, direct that funding for the one-time Strategic Objectives at a total cost of approximately $534,500 be included in the proposed FY 2014/15 budget using the unassigned General Fund City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 13 CITY COUNCIL APRIL 1, 2014 reserves. AttachmentsStaff Report Staff Report Attachment A Staff Report Attachment B Staff Report Attachment C Staff Report Attachment D Staff Report Attachment E Staff Report Attachment F Presentation 5:00 P.M. 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - ORDINANCE INTRODUCTION - TELECOMMUNICATIONS FACILITIES ZONING CODE TEXT AMENDMENT BACKGROUND: On February 22, 2013 the Federal government adopted the Middle Class Tax Relief and Job Creation Act of 2012 (Act). On March 14, 2013 the Planning Commission initiated a Zoning Code Text Amendment seeking compliance with Section 6409(a) of the Act, related to modifications of existing telecommunications facilities. On February 13, 2014 the Planning Commission adopted (5-0-0-1) a resolution recommending that the City Council approve a text amendment to Zoning Code Chapter 20-44 (Telecommunications Facilities) and Section 20-52.030(C), Table 5-2 (Design Review Authority and Notice Requirements). RECOMMENDATION: It is recommended by the Community Development Department and the Planning Commission that the Council introduce an ordinance approving a Zoning Code Text Amendment to update the Zoning Code in compliance with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 13 CITY COUNCIL APRIL 1, 2014 AttachmentsStaff Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Ordinance Presentation 13.2 PUBLIC HEARING - FIRE STATION 5 SUBCONTRACTOR SUBSTITUTION BACKGROUND: The contract for construction of Fire Station 5 was awarded to GCCI, Inc. on December 10, 2013, for $3,117,000.00. Public contract code requires that subcontractors performing work greater than one half of one percent of the contractor's bid be listed in the bid documents as a subcontractor. GCCI, Inc. submitted the subcontractors list as required but claims to have made a clerical error in listing Marin Mechanical II, Inc., of San Rafael, CA as its plumbing subcontractor, instead of M&M Plumbing, Inc., of Santa Rosa, CA. GCCI, Inc. has requested a substitution of M&M Plumbing, Inc. for Marin Mechanical II, Inc. Per the public contract code, a public hearing before the award authority must be held prior to allowing the substitution. Marin Mechanical II, Inc. was notified of the substitution request and did not submit a written objection within five days as required by the Public Contract Code. RECOMMENDATION: It is recommended by Engineering Services and the Fire Department that the Council, by resolution, allow the substitution of M&M Plumbing, Inc., for Marin Mechanical II, Inc., as the plumbing subcontractor to GCCI Inc., for the Fire Station 5 construction project, Contract Number C01174. AttachmentsStaff Report Resolution City of Santa Rosa Regular Meeting Agenda and Summary Report Page 12 of 13 CITY COUNCIL APRIL 1, 2014 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 QUARTERLY BOARDS AND COMMISSION ATTENDANCE REPORT Provided for information. AttachmentsReport 14.2 LETTER OF SUPPORT FOR SB1014 - SAFE MEDICINE DISPOSAL BILL. Provided for information. AttachmentsLetter 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 18. UPCOMING MEETINGS 18.1 Upcoming Meetings List AttachmentsList *Did not appear on the preliminary agenda. **Quasi-judicial or adjudicative action. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 13 of 13 CITY COUNCIL APRIL 1, 2014 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