City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT JULY 15, 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: Comments from the public on non-agenda items will be heard under Agenda Item 14. 1. CALL TO ORDER AND ROLL CALL 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE 3. STUDY SESSION - NONE Study Session items are items for in-depth discussion and possible direction to staff. No action may be taken. 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE 5. PROCLAMATIONS/PRESENTATIONS - NONE 6. 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. 7. APPROVAL OF MINUTES 7.1 July 1, 2014, Special Meeting 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 16 CITY COUNCIL JULY 15, 2014 Attachments Draft Minutes 8. MAYOR'S/COUNCILMEMBERS' REPORTS 8.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 8.2 MAYOR'S/COUNCILMEMBERS’ REPORTS 8.2.1 Council Subcommittee Reports 8.2.2 Other 8.3 REPORTS REGARDING AGENCY MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO REPRESENTATIVES ON PENDING ISSUES BEFORE SUCH BOARDS (IF NEEDED) 8.3.1 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 8.3.2 Sonoma County Water Agency (SCWA) - Water Advisory Committee 8.3.3 Association of Bay Area Governments (ABAG) 8.3.4 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 8.3.5 Sonoma Clean Power Authority (SCPA) 8.3.6 Sonoma County Waste Management Agency (SCWMA) 8.3.7 Other 8.4 DISCUSSION AND ACTION TO SCHEDULE A CLOSED SESSION FOR PERFORMANCE EVALUATION OF CITY ATTORNEY 8.4.1 Council will discuss and vote on whether to schedule a Closed Session pursuant to Government Code Section 54957(b), Public Employee Performance Evaluation, City Attorney, concerning advice regarding the Ralph M. Brown Act. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 16 CITY COUNCIL JULY 15, 2014 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 10. CONSENT ITEMS 10.1 RESOLUTION - SPEED LIMITS ON CHANATE ROAD, INDUSTRIAL DRIVE, AND OLIVE STREET/RAILROAD STREET RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, establish radar enforceable speed limits of 35 mph for Chanate Road between Humboldt Street and Cobblestone Drive; 35 mph for Chanate Road between Cobblestone Drive and Montecito Meadow Drive; 30 mph for Chanate Road between Montecito Meadow Drive and Westbound on/off ramp for Fountaingrove Parkway; 30 mph for Industrial Drive between Piner Road and Cleveland Avenue; and 25 mph for Olive Street/Railroad Street between Sebastopol Road and Third Street. Attachments Staff Report Attachment Resolution 10.2 ORDINANCE ADOPTION - AMENDMENT TO ZONING CODE - SIGN CODE REVISION RECOMMENDATION: This ordinance, introduced at the July 8, 2014, Regular Meeting by a 6-0 vote, amends Chapter 20-38 (Signs), Section 20-52.060 (Variance and Minor Adjustment) and Chapter 20-70.020 (Definitions of Specialized Terms and Phrases) to improve the usability of the sign code, clarify the sign requirements and allowances for all business locations and types, expedite the sign submittal, review and approval process and ensure existing City regulations are consistent with State and Federal law. Attachments Ordinance 11. REPORT ITEMS 11.1 REPORT - WATER CONSERVATION OUTREACH UPDATE AND REQUEST FOR INCREASING APPROPRIATIONS FOR ADDITIONAL CONSERVATION EFFORTS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 16 CITY COUNCIL JULY 15, 2014 BACKGROUND: California is continuing to experience extremely dry conditions throughout the State. On January 17, 2014, the Governor of the State of California declared a state-wide drought emergency and asked Californians to voluntarily reduce water use by 20%. On February 11, 2014, the City Council requested, by resolution, a voluntary 20% reduction in water use from customers to support the Governor’s declaration. In partnership with the Sonoma-Marin Saving Water Partnership, the Utilities Department has been actively promoting the “There’s a Drought On. Turn the Water Off.” outreach campaign and implementing many additional outreach activities. Staff will provide an update on the outreach activities and conservation savings and will provide an overview of the additional outreach activities planned for the summer months. RECOMMENDATION: It is recommended by the Department of Utilities that the Council, by resolution, authorize the Chief Financial Officer to increase appropriations to expenditure key 55562, “Drought Response,” by $75,000, the source of funds being the unappropriated balance in fund 1611, “Water Operations.” Attachments Staff Report Resolution Presentation (PDF) 11.2 REPORT - ORDERING SUBMISSION OF UTILITY USERS TAX BALLOT MEASURE, APPROVING BALLOT LANGUAGE, PERMITTING THE FILING OF REBUTTAL ARGUMENTS, AND PROVIDING DIRECTION REGARDING BALLOT ARGUMENTS IN SUPPORT OF MEASURE BACKGROUND: The City’s Utility Users Tax consultant has recommended that the City’s Utility Users Tax ("UUT") ordinance (Chapter 3-32) be modernized to address recent legal issues and changes in technology to avoid loss of revenue. The Long Term Financial Policy Subcommittee recommended 2-1 to place a UUT modernization ordinance on the ballot in 2014. On March 11, 2014, the Council directed the City Attorney to prepare a ballot measure for modernization of the UUT for the November 2014 ballot. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 16 CITY COUNCIL JULY 15, 2014 The Council conducted a study session on May 20, 2014, at which Mr. Maynor, the City’s consultant, provided additional information regarding the need to update the ordinance. At that time, the City Council also suggested that the current cap of $1,000 per utility service be removed as part of the update. RECOMMENDATION: It is recommended by the City Attorney and the Finance Department that the Council, by resolution, (1) order the submission of a ballot measure to the voters at the November 4, 2014, General Municipal Election to implement proposed amendments to modernize the Utility Users Tax (“UUT”) Ordinance as directed by the City Council; (2) provide for the filing of rebuttal arguments on the measure; and (3) direct the City Attorney to prepare an impartial analysis of the measure. The City Attorney further requests direction by the Council as to whether the City Attorney should prepare a ballot argument in support of the proposed ballot measure. Attachments Staff Report Attachment A Attachment B Resolution Exhibit A 11.3 REPORT - COURTHOUSE SQUARE REUNIFICATION PROJECT APPROVAL BACKGROUND: On February 25, 2014, the City Council by Resolution No. 28437 certified the Environmental Impact Report (EIR) for the Reunification of the Courthouse Square. The EIR evaluated the environmental effects of the preferred alternative, a “no project alternative,” and a project alternative that would reunify Courthouse Square without constructing the peripheral roadways (Hinton and Exchange Streets). In response to public comment, the Final EIR evaluated a third “Hybrid” alternative that involves installation of one peripheral roadway. The pace of construction of the Courthouse Square Reunification Project City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 16 CITY COUNCIL JULY 15, 2014 would depend on fund raising and budget and will likely be completed in phases. A potential first phase of construction for the project, depending on the City Council’s decision, would be: · Replace existing sewer and water lines. · Construct Exchange and Hinton Streets. · Replace existing pavement of Mendocino Avenue and adjacent area on east side of Square with decomposed granite surface. · Complete off site traffic circulation improvements. The estimated cost of the potential first phase is $4,400,000. Of that $1,200,000 would be funded by Utilities for the replacement of sewer and water lines. The remaining $3,200,000 would need to be funded by other means. The estimated cost of completion of the “Preferred Alternative” or Courthouse Square Reunification Project is $17,100,000 which includes the architectural features and pavilions. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve the Courthouse Square Reunification Project analyzed as the preferred alternative in the EIR for the reunification of Courthouse Square which includes the two peripheral streets, architectural features and pavilions and adopt the mitigation measures set forth in the Mitigation Monitoring Program and direct staff to implement and complete the Mitigation Monitoring Program as part of the approved Project. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 16 CITY COUNCIL JULY 15, 2014 Attachments Staff Report Attach 1 - Sketch 1 - Phase 1 Attach 2 - Sketch 2 - Parallel Parking Scheme Attach 3 - Sketch 3 - Ultimate Project Attach 4 - Final Tiered EIR Attach 5 - Draft Tiered EIR Attach 6 - Draft Tiered EIR Attach 7 - Downtown SAP EIR Resolution Resolution Exhibit A Resolution Exhibit B Presentation (PDF) Presentation II - PDF (uploaded 7/14/14) 11.4 REPORT - ADOPTION OF THE MEMORANDUM OF UNDERSTANDING (MOU) - SERVICE EMPLOYEES INTERNATIONAL UNION, SEIU, LOCAL 1021 - UNIT 14, POLICE CIVILIAN TECHNICAL UNIT BACKGROUND: The City’s representatives and representatives from Unit 14, represented by the Service Employees International Union, Local 1021, have met and conferred concerning a successor Memorandum of Understanding and agreed on a two-year contract. The significant changes to the new agreement include the following: PERS Contribution and Salary - · Effective July 13, 2014, employees shall receive a two percent (2%) cost of living salary increase. · Effective July 12, 2015, all unit employees shall receive a two and one half percent (2.5%) cost of living salary increase, which will be partially offset by one and one half percent (1.5%) contribution to PERS for a total employee contribution of nine and one half percent (9.5%) for Tier 1 and Tier 2 employees and seven and three quarters percent (7.75%) for Tier 3 employees pursuant to state law. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 16 CITY COUNCIL JULY 15, 2014 Special Pays - · Training Pay -Field and Evidence Technicians and Community Service Officers designated as trainers shall receive five percent (5%) of base salary as pay for all hours worked. · Tactical Support Team Pay - Participating Unit members shall receive two percent (2%) of base pay for all hours worked in the Tactical Support team assignment. · Vacation Accrual Adjustment - Effective January 11, 2015, adjust the vacation accrual ranges to better align with comparable cities. There is no change to the maximum accrual at 25 years. · Participation in Catastrophic Leave Committee -The Unit has agreed to appoint a representative to participate in a review of the current Catastrophic Leave Policy and associated issues. RECOMMENDATION: It is recommended by the City’s Negotiating Team and the City Manager that the Council, by resolution, adopt the Memorandum of Understanding for and on behalf of the City’s Unit 14 - Police Civilian Technical Unit, represented by the Service Employees International Union, Local 1021. The adoption of this two-year agreement will be effective July 15, 2014, and will end on June 30, 2016. It is further recommended that Council authorize the Mayor to sign the Memorandum of Understanding for and on behalf of the City’s Unit 14 - Police Civilian Technical Unit, represented by the Service Employees International Union, Local 1021 for the period of July 15, 2014, through June 30, 2016. Attachments Staff Report Attachment - Draft Resolution Presentation - PDF (uploaded 7/14/14) 11.5 REPORT - AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ROSA AND THE SANTA ROSA MANAGEMENT ASSOCIATION ON BEHALF OF THE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 16 CITY COUNCIL JULY 15, 2014 EMPLOYEES IN THE CITY’S UNIT 18-MISCELLANEOUS MID-MANAGEMENT BACKGROUND: On November 19, 2013, The City Council approved the Memorandum of Understanding between the City of Santa Rosa and the Santa Rosa Management Association on behalf of the employees in the City’s Unit 18-Miscellaneous Mid-Management for the period of November 19, 2013 through June 30, 2015. In the interest of establishing consistency in salary and benefits across miscellaneous units, the City’s negotiation team proposes to amend the Memorandum of Understanding for Unit 18-Miscellaneous Mid-Management as follows: · Effective July 13, 2014, all unit employees to receive a two percent (2%) cost of living salary increase. · Effective January 11, 2015, an adjustment of the vacation accrual ranges to better align with comparable cities. There is no change to the maximum accrual at 25 years. · Effective July 12, 2015, employees shall receive a two and one half (2.5%) cost of living salary increase, which will be partially offset by an additional one and one half percent (1.5%) contribution to pension for a total pension contribution of nine and one half percent (9.5%) for Tier 1 and Tier 2 employees. Tier 3 employees currently pay six and one quarter percent (6.25%) and will pay one and one half percent (1.5%) over what is required by the Public Employees’ Pension Reform Act (PEPRA), which is currently seven and three quarters percent (7.75%) pursuant to state law. RECOMMENDATION: It is recommended by the City’s Negotiating Team and the City Manager that the Council, by resolution, approve the Amendment to the Memorandum of Understanding between the City of Santa Rosa and the Santa Rosa Management Association on behalf of the employees in the City’s Unit 18-Miscellaneous Mid-Management and extend the term of agreement to expire on June 30, 2016. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 16 CITY COUNCIL JULY 15, 2014 It is further recommended that Council authorize the Mayor to execute the amendment. Attachments Staff Report Attachment Resolution Exhibit 11.6 REPORT - AMENDMENT TO THE DOCUMENT DESCRIBING WAGES, HOURS AND WORKING CONDITIONS FOR EMPLOYEES IN THE CITY’S UNITS 11 - MIDDLE MANAGEMENT AND UNIT 12 - CONFIDENTIAL BACKGROUND: On November 19, 2013, The City Council approved the Document Describing the Wages, Hours, and Other Terms and Conditions of Employment for Unit 11 - Middle Management and Unit 12 - Confidential for the period of November 19, 2013 through June 30, 2015. Employees in Unit 11 - Middle Management and Unit 12 - Confidential are not represented in the process of determining wages, hours and other terms and conditions of employment. The changes to the terms and conditions contained herein have been reviewed in consultation between the Assistant City Manager and affected employees. In the interest of establishing consistency in salary and benefits across miscellaneous units, the City’s Negotiation Team and the City Manager proposes to amend the Document Describing the Wages, Hours, and Other Terms and Conditions of Employment for Unit 11- Middle Management and Unit 12 - Confidential as follows: · Effective July 13, 2014, all unit employees shall receive a two percent (2%) cost of living salary increase. · Effective January 11, 2015, an adjustment of the vacation accrual ranges to better align with comparable cities. There is no change to the maximum accrual at 25 years. · Effective July 12, 2015, employees shall receive a two and one half (2.5%) cost of living salary increase, which will be partially offset by an additional one and one half percent (1.5%) contribution to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 16 CITY COUNCIL JULY 15, 2014 pension for a total pension contribution of nine and one half percent (9.5%) for Tier 1 and Tier 2 employees. Tier 3 employees currently pay six and one quarter percent (6.25%) and will pay one and one half percent (1.5%) over what is required by the Public Employees’ Pension Reform Act (PEPRA), which is currently seven and three quarters percent (7.75%) pursuant to state law. RECOMMENDATION: It is recommended by the City’s Negotiating Team and the City Manager that the Council, by resolution, approve Amendment No. 1 to the Document Describing the Wages, Hours, and Other Terms and Conditions of Employment for Units 11 and 12 and extend the term to expire on June 30, 2016. It is further recommended that Council authorize the Mayor to execute the amendment. Attachments Staff Report Attachment Resolution Exhibit 11.7 REPORT - ADOPTION OF THE DOCUMENT DESCRIBING WAGES, HOURS AND WORKING CONDITIONS FOR EMPLOYEES IN THE CITY’S UNIT 10 - EXECUTIVE MANAGEMENT BACKGROUND: Executive Management employees are not represented in the process of determining wages, hours and other terms and conditions of employment. The terms and conditions contained in the document have been reviewed in consultation between the City Manager and affected employees and the significant changes include the following: PERS Contribution and Salary - · Effective July 13, 2014, employees shall receive a two percent (2%) cost of living salary increase. · Effective July 12, 2015, employees shall receive a two and one half (2.5%) cost of living salary increase, which will be partially offset by an additional one and one half percent (1.5%) contribution to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 12 of 16 CITY COUNCIL JULY 15, 2014 pension for a total pension contribution of nine and one half percent (9.5%) for Tier 1 and Tier 2 employees. Tier 3 employees currently pay six and one quarter percent (6.25%) and will pay one and one half percent (1.5%) over what is required by the Public Employees’ Pension Reform Act (PEPRA), which is currently seven and three quarters percent (7.75%) pursuant to state law. Vacation Accrual Adjustment - · Effective January 11, 2015, adjust the vacation accrual ranges to better align with comparable cities. There is no change to the maximum accrual at 25 years. RECOMMENDATION: It is recommended by the City’s Negotiation Team and the City Manager that the Council, by resolution, adopts the Document Describing Wages, Hours and Other Terms and Conditions of Employment for Employees in the City’s Unit 10 - Executive Management for the period of July 15, 2014 through June 30, 2016. Attachments Staff Report Attachment Resolution Exhibit 11.8 REPORT - APPROVAL OF AMENDMENTS TO CITY MANAGER AND CITY ATTORNEY EMPLOYMENT AGREEMENTS AND INTRODUCTION OF TWO ORDINANCES BACKGROUND: The City Manager and City Attorney are not represented in the process of determining wages, hours and other terms and conditions of employment. By virtue of the employment contracts of the City Manager and City Attorney that were approved by Council, the salary and benefits of the City Manager and the salary of the City Attorney are required to change by the same percentage of the annual salary and benefits adjustment, if any, paid to the City’s executive management. On July 15, 2014, the Council will consider adoption of a resolution including a 2% cost of living increase effective July 13, 2014, and an City of Santa Rosa Regular Meeting Agenda and Summary Report Page 13 of 16 CITY COUNCIL JULY 15, 2014 additional 2.5% cost of living increase effective on July 12, 2015 in consideration of the payment of 1.5 % PERS contribution, for the executive management (Unit 10 - Executive Management); and The proposed amendments to the City Manager and City Attorney employment agreements are as follows: City Manager: PERS Contribution and Salary - · Effective July 13, 2014, the City Manager shall receive a two percent (2%) cost of living salary increase as provided to City’s Unit 10 - Executive Management. · Effective July 13, 2014, the current PERS contribution by the City Manager of 2% shall cease in accordance with the contributions being made by Unit 10 - Executive Management. City Attorney: PERS Contribution and Salary - · Effective July 13, 2014, the City Attorney shall receive a two percent (2%) cost of living salary increase as provided to City’s Unit 10 - Executive Management. · Effective July 13, 2014, the current PERS contribution by the City Manager of 2% shall cease in accordance with the contributions being made by Unit 10 - Executive Management. · Effective July 12, 2015, the City Attorney shall receive a two and one half percent (2.5%) cost of living salary increase, which will be partially offset by an additional one and one half percent (1.5%) contribution to pension for a total pension contribution of nine and one half percent (9.5%) as paid by City’s Unit 10 - Executive Management. Vacation Accrual Adjustment - · Effective January 11, 2015, the City Attorney shall receive Vacation City of Santa Rosa Regular Meeting Agenda and Summary Report Page 14 of 16 CITY COUNCIL JULY 15, 2014 days each month on an accrual basis in accordance with the City’s vacation accumulation policy as provided to City’s Unit 10 - Executive Management. RECOMMENDATION: It is recommended that the City Council: (1) by two resolutions, approve Amendment No. 5 to the City Attorney’s Employment Agreement and Amendment No. 3 to the City Manager’s Employment Agreement; and (2) introduce two Ordinances Establishing Salary and Other Compensation and Benefits for the City Manager and City Attorney. Attachments Staff Report Attachment A (City Attorney Agreement) Attachment B (City Manager Agreement) Ordinance 1 (City Attorney) Resolution 1 (City Attorney) Ordinance 2 (City Manager) Resolution 2 (City Manager) 5:00 P.M. 12. PUBLIC HEARINGS 12.1 PUBLIC HEARING - ANNUAL WEED ABATEMENT PROGRAM PROTEST HEARING BACKGROUND: Santa Rosa City Code Section 9-08 requires a public hearing to hear objections to the cost of weeds and/or rubbish abatement. The City Council grants or overrules such protests. The City Council, by resolution, may confirm the itemized report of the costs of abatement. The City Council authorizes the Santa Rosa Fire Department, County Auditor and Tax Collector to enact a special assessment as a lien upon respective parcels subject to the weed and rubbish abatement program. RECOMMENDATION: It is recommended by the Fire Department that the Council, by resolution, ratify and confirm the itemized report of the Fire Department of the cost of weed and rubbish abatement as provided City of Santa Rosa Regular Meeting Agenda and Summary Report Page 15 of 16 CITY COUNCIL JULY 15, 2014 for in Sections 9-08.020, 9-08-080, and 9-08.090 of the Santa Rosa City Code. Attachments Staff Report Attachment A Attachment B Resolution Exhibit A Public Hearing Notice 13. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 13.1 MEMORANDUM OF UNDERSTANDING FOR ROSELAND ANNEXATION: For Council action to authorize the Mayor to execute the Memorandum of Understanding. Attachments Memorandum of Understanding Presentation (PDF) 13.2 MARIN/SONOMA MOSQUITO & VECTOR CONTROL DISTRICT MANAGER’S REPORT FOR JUNE 2014 - Provided for information. Attachments Report 14. 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. 15. [IF NEEDED] - ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS, IF ANY 16. ADJOURNMENT OF MEETING City of Santa Rosa Regular Meeting Agenda and Summary Report Page 16 of 16 CITY COUNCIL JULY 15, 2014 17. UPCOMING MEETINGS 17.1 UPCOMING MEETINGS LIST Attachments List *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 one week prior to the meeting. TDD 543-3063 Meeting information can also be accessed via the internet at http://srcity.org