City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT JUNE 10, 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, Paul Carroll, Employee Relations Manager, Carol Stevens and Janet Corey Sommers 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 Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: One Matter - Possible acceptance of claim award or initiation of legal action against Western Insurance Company in Liquidation Claim No.: 400871 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 JUNE 10, 2014 RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE 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. 3. ANNOUNCEMENT OF ROLL CALL 4. 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) 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS - NONE 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 QUARTERLY REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS Staff will provide an update on Capital Improvement Program (CIP) projects from January to March 2014. 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 9 CITY COUNCIL JUNE 10, 2014 Santa Rosa. Attachments Presentation 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) 9.3.6 Sonoma County Waste Management Agency (SCWMA) 9.3.7 Other City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 9 CITY COUNCIL JUNE 10, 2014 9.4 INFORMATION, DISCUSSION AND ACTIONS RELATING TO INVESTIGATION OF COMPLAINT AGAINST COUNCIL MEMBER WYSOCKY, WAIVER OF ATTORNEY-CLIENT PRIVILEGE, RESOLUTION OF CENSURE, RESOLUTION REAFFIRMING CODE OF CONDUCT, DIRECTION TO STAFF REGARDING AMENDMENTS TO ANTI-HARASSMENT AND DISCRIMINATION POLICY, AND SCHEDULING COUNCIL TRAINING REGARDING POLICY 9.4.1 Staff will provide information regarding investigation of complaints, Professional Services Agreement with Liebert Cassidy Whitmore for legal services, expenses to date for services provided under the Agreement related to the investigation of complaint against Council Member Wysocky. Council may discuss this item. Attachments Staff Report w/Attachments 9.4.2 Council will discuss and vote on whether to waive confidentiality and the attorney-client privilege and release copies of documents regarding the scope of the investigation regarding Council Member Wysocky, all redacted to protect the privacy interests of any City employees. Attachments Released Scope of Investigation (Uploaded 6/12/2014) 9.4.3 Council will discuss and vote on a resolution disapproving and censuring certain behavior of Council Member Wysocky. Attachments Staff Report Resolution 9.4.4 Council will discuss and vote on a resolution reaffirming the Code of Conduct for Councilmembers, and Board and Commission Members (Council Policy 000-51) Attachments Staff Report Resolution Exhibit A - Council Policy 000-51 9.4.5 Council will discuss and vote on whether to direct staff to bring forward amendments to the Anti-Harassment and Discrimination Policy (Council Policy 700-03) and whether and when to schedule Council training regarding the Policy and in the area of effective City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 9 CITY COUNCIL JUNE 10, 2014 communications. Attachments Staff Report 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 RESOLUTION - CONTRACT AWARD - MEADOW LANE EFFLUENT STORAGE FACILITIES POND C REPAIR RECOMMENDATION: It is recommended by Engineering Services that the Council, by resolution, award Contract No. C01756, Meadow Lane Effluent Storage Facilities Pond C Repair, in the amount of $1,299,999.00 to the lowest responsive bidder, Ghilotti Construction Company, Inc. of Santa Rosa, CA, approve a 15% contract contingency, authorize a total contract amount of $1,494,998.85 and increase the budget appropriation in IFAS Key 86512 “Ponds C & D Levee Repairs” in the amount of $1,680,224.30. Attachments Staff Report Attachment 1 - Summary of Bids Attachment 2 - Location Map Resolution 11.2 RESOLUTION - ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 4011 AND 4013 OLD REDWOOD HIGHWAY RECOMMENDATION: It is recommended by the Department of Community Development that Council, by resolution, approve the special assessment lien in the amount of $26,797.00 against the property located at 4011 and 4013 Old Redwood Highway for violations of the City Code that remain uncorrected by the responsible party, Michiko Wilder, and authorizes recording of a lien and placing the assessment on the property tax roll for collection. Attachments Staff Report Attachments Resolution City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 9 CITY COUNCIL JUNE 10, 2014 12. REPORT ITEMS 12.1 REPORT - REVISED AND UPDATED STREET DESIGN AND CONSTRUCTION STANDARDS (Continued from the June 3, 2014, Regular Meeting.) BACKGROUND: The City Council continued this item from June 3, 2014, Regular Meeting and directed staff to return with additional information. Staff requests that the Council continue this item to the July 8, 2014, Regular Meeting agenda. The continuation is requested to allow staff to resolve additional technical issues. RECOMMENDATION: It is recommended by the Transportation & Public Works Department that the City Council, by motion, continue this item to July 8, 2014, to allow staff to resolve additional technical issues. 12.2 REPORT - SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA 2013 ANNUAL REPORT AND FISCAL YEAR 2014/2015 WORK PLAN BACKGROUND: The Santa Rosa Tourism Business Improvement Area (SRTBIA) was established on September 3, 2010 BY Ordinance No. 3946. The Ordinance established a 3% assessment on the room rate of each hotel in Santa Rosa and was estimated to produce approximately $1 million annually, split between the Santa Rosa Convention & Visitors Bureau (CVB) (70%) and the City of Santa Rosa’s Economic Development Program (30%), after a 2% administrative fee. The SRTBIA is Santa Rosa’s second Business Improvement Area (BIA) dedicated to securing a share of the tourism market. The Sonoma County Tourism (SCT) is funded through a BIA established in 2004 that assesses room nights on certain hotels within Santa Rosa, Rohnert Park, Petaluma, Cloverdale, Cotati, Sebastopol, Windsor and unincorporated areas of Sonoma County. While the SCT promotes tourism to Sonoma County in general, the SRTBIA focuses exclusively on promoting Santa Rosa as a business and leisure travel destination. Per Ordinance No. 3946, the SRTBIA must provide an annual report to the City Council detailing the following: a. Recommended changes to boundaries; City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 9 CITY COUNCIL JUNE 10, 2014 b. Improvements and activities provided for Fiscal Year 2013/2014; c. Estimate of cost of providing improvements and activities for Fiscal Years 2013/2014 and 2014/2015; d. The method and basis of levying assessments; e. Amount of any surplus or deficit revenues to be carried over; and f. Amount of contributions made from sources other than assessments RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the Council, by motion; (1) approve the Fiscal Year 2013/2014 SRTBIA Annual Report prepared by the Department of Economic Development and Housing, and approved by the SRTBIA Advisory Board; and (2) adopt the SRTBIA Work Plan for Fiscal Year 2014/2015. Attachments Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation 12.3 REPORT - PROFESSIONAL SERVICE AGREEMENT FOR WELLNESS SERVICES WITH W. SOLUTIONS, INC. BACKGROUND: In 2004, in an effort to reduce injuries and illnesses in the Police Department, the City contracted with Wellness Solutions, Inc. to provide a certified wellness representative to work with our police department. At that time, Jim Jarvis came to work and was assigned space within the police department. There he was available to conduct one-on-one and group sessions with police, looking at personal statistics, and counseling on such issues as the proper way to exercise, nutrition. He also was instrumental in starting biking and running groups and competitions. In January, we instituted a pilot program with Wellness Solutions, that includes both the Fire and Police departments and it has already proven to be highly successful. RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, approve the professional agreement with W. Solutions, Inc. for an amount not to exceed $150,000 for wellness services. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 9 CITY COUNCIL JUNE 10, 2014 Attachments Staff Report Resolution Exhibit A Presentation 13. PUBLIC HEARINGS - NONE 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 QUARTERLY CAPITAL IMPROVEMENT PROGRAM PROJECTS UPDATE: JANUARY - MARCH 2014. Provided for information. Attachments Memo 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 Attachments List *Did not appear on the preliminary agenda. **Quasi-judicial or adjudicative action. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 9 CITY COUNCIL JUNE 10, 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