City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT AUGUST 5, 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, and Janet Cory Sommer 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 paragraph (2) of subdivision (d) of Government Code Section 54956.9: One potential case RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 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 AUGUST 5, 2014 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. 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) 4. ANNOUNCEMENT OF ROLL CALL 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PRESENTATION - SANTA ROSA-KAGOSHIMA STUDENT EXCHANGE PROGRAM 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 - NONE 9. MAYOR'S/COUNCILMEMBERS' REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9.2 MAYOR'S/COUNCILMEMBERS’ REPORTS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 12 CITY COUNCIL AUGUST 5, 2014 9.2.1 Council Subcommittee Reports 9.2.2 Other 9.3 REPORTS REGARDING AGENCY MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO 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 9.4 LEAGUE OF CALIFORNIA CITIES RESOLUTION 9.4.1 LEAGUE OF CALIFORNIA CITIES GENERAL ASSEMBLY MEETING - COUNCIL DIRECTION TO VOTING DELEGATE The Council will consider the following resolution that has been submitted for recommendation and voting at the General Assembly meeting on September 5, 2014: 1. A Resolution Calling upon the Governor and the Legislature to Convene a Summit to Address the Devastating Environmental Impacts of Illegal Marijuana Grows on Both Private and Public Lands throughout California and the Increasing Problems to Public Safety related to these Activities by Working in Partnership with the League of California Cities to Develop Responsive Solutions and to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 12 CITY COUNCIL AUGUST 5, 2014 Secure Adequate Funding for Cost-effective Implementation Strategies RECOMMENDATION: It is recommended by the City Manager’s Office, that the Council, by motion, consider taking a position of support on Resolution No. 1 and provide direction to its Voting Delegate for the meeting of the League General Assembly. Attachments Staff Report Attachment - Annual Conference Resolution Packet 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 MOTION - CONTRACT AWARD - LANDSCAPE SERVICES RECOMMENDATION: It is recommended by the Finance and Recreation & Parks Departments that the Council, by motion, approve a three-year term contract, with two one-year extension options, for Recreation & Parks Department’s landscape services to Golden Gate Landscape Management Inc., Santa Rosa California, in the total amount of $1,481,829, plus a $40,000 contingency. Funds for this procurement is budgeted in Fiscal Year 2014-15 under various department Key Account numbers, and subsequent years upon approval by Council. Attachments Staff Report Attachment 1 - Part 1 Attachment 1 - Part 2 11.2 RESOLUTION - ADDITIONAL MASTER AGREEMENTS TO PROVIDE PROFESSIONAL SERVICES RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve Master Professional Services Agreements (MPSAs) with 10 additional consultants and include Project Work Orders under these MPSAs in the cumulative not to exceed sum of nine million dollars ($9,000,000) for FY 2014-15 authorized for existing MPSAs by Resolution No. 28500. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 12 CITY COUNCIL AUGUST 5, 2014 Attachments Staff Report Attachment Resolution Exhibit A Exhibit B 11.3 RESOLUTION - CENTRAL PARKING ANNUAL BENEFIT ASSESSMENT DISTRICT BUDGET RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve the proposed Central Parking Annual Benefit Assessment District budget for fiscal year 2014/15. Upon approval of the 2014/15 budget, the calculated annual assessment levy against properties within the district will be placed on the 2014/15 Sonoma County Property Tax Roll. Attachments Staff Report Attachment 1 - Benefit Formula Attachment 2 - District Budget Attachment 3 - Annual Budget Resolution Exhibit A 11.4 RESOLUTION - CHIEF OF POLICE SIGNING AUTHORITY FOR AGREEMENTS WITH SPECIFIC LAW ENFORCEMENT TASK FORCES RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution, authorize the Chief of Police, or the Chief’s designee, to negotiate, approve and execute future agreements with the County of Sonoma for participation with the Sonoma County Auto Theft Task Force and the County of Sonoma Safe Streets Task Force. Attachments Staff Report Attachment 1 Attachment 2 Resolution City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 12 CITY COUNCIL AUGUST 5, 2014 12. REPORT ITEMS 12.1 REPORT - APPOINTMENT OF CITY MANAGER, APPROVAL OF CITY MANAGER EMPLOYMENT AGREEMENT AND INTRODUCTION OF ORDINANCE SETTING CITY MANAGER SALARY BACKGROUND: Following the announcement by City Manager Kathy Millison of her intent to retire in September 2014, the City Council retained Ralph Andersen & Associates to conduct an executive recruitment for the City Manager position. On July 29, 2014, the City Council announced that it had voted unanimously to appoint Sean McGlynn as the City Manager subject to reaching satisfactory terms and conditions for an employment contract and authorized the Mayor to negotiate an employment agreement on behalf of the City. On August 5, 2014, the Council will, by resolution, formally appoint Sean McGlynn to the position of City Manager, approve the City Manager’s Employment Agreement, and authorize the Mayor to execute the agreement on behalf of the City. Pursuant to City Charter section 36, the Council will also introduce an ordinance establishing the salary of the City Manager subject to the terms of the Employment Agreement. RECOMMENDATION: It is recommended by the City Attorney and Human Resources Department that the Council, by resolution, formally appoint Sean McGlynn to the position of City Manager and approve the Employment Agreement - City Manager and authorize the Mayor to execute said agreement on behalf of the City. It is further recommended that the Council introduce an ordinance establishing the salary of the City Manager in the amount of $17,895.00 per month with a two and one half (2.5%) cost of living adjustment effective July 12, 2015. Attachments Staff Report Attachment Resolution Exhibit A Ordinance 12.2 REPORT - ADOPTION OF STAGE 1 - MANDATORY WATER USE REDUCTION UNDER THE CITY’S URBAN WATER SHORTAGE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 12 CITY COUNCIL AUGUST 5, 2014 CONTINGENCY PLAN BACKGROUND: 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 adopted a resolution requesting a voluntary 20% reduction in water use from customers to support the Governor’s declaration. On April 25, 2014, the Governor of the State of California issued an Executive Order directing local water suppliers to redouble efforts to implement water conservation activities. On July 15, 2014, the State Water Resources Control Board adopted Drought Emergency Water Conservation Regulations that apply to all Californians and all urban water suppliers. The Drought Emergency Water Conservation Regulations prohibit certain water using activities and require urban water agencies to implement their urban water shortage contingency plans to a level that imposes mandatory restrictions on outdoor irrigation. RECOMMENDATION: It is recommended by the Board of Public Utilities and the Department of Utilities that Council, by resolution, adopt Stage 1 - Mandatory under the City's Urban Water Shortage Contingency Plan, direct staff to implement a water conservation program as defined by Stage 1 - Mandatory to realize community-wide water use reduction of 20%, and authorize staff to utilize the Utility's Catastrophic Reserve, if necessary. Attachments Staff Report Attachment 1 Resolution Presentation PDF 12.3 REPORT - APPROVAL OF UTILITY USERS TAX BALLOT MEASURE ARGUEMENT BACKGROUND: On July 29, 2014, the Council, by a 6-1 vote, adopted a resolution to 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 12 CITY COUNCIL AUGUST 5, 2014 prepare an impartial analysis of the measure. The Council further directed the City Attorney to prepare a ballot argument on behalf of the City Council in support of the proposed ballot measure. RECOMMENDATION: It is recommended by the City Attorney that the Council, by resolution, approve the ballot argument in support of the proposed Utility User Tax ballot measure; authorize the Mayor and possible Community Leaders to sign the argument on behalf of the City Council; authorize the Mayor and possible Community Leaders to sign on behalf of the City Council any rebuttal arguments that may be necessary; and timely file the arguments with the City Clerk as required under the Elections Code. Attachments Staff Report Attachment Resolution Exhibit 12.4 REPORT - AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS, & SORENSEN FOR LEGAL SERVICES AND REQUEST FOR ADDITIONAL FUNDS BACKGROUND: Public agencies are subject to the Meyers-Milias-Brown Act which establishes regulations for labor relations. In October of 2011, Governor Brown signed AB646 which established the right of public agency employee organizations to request that the parties’ differences be submitted to a factfinding panel after the declaration of impasse. In August of 2013, after meeting and conferring in good faith, impasse was declared by both Santa Rosa City Attorney’s Association (SRCAA) representing Santa Rosa City Attorneys Unit 17 and Santa Rosa City Employees Association (SRCEA) representing Units 4 - Support Services, 6 - Professional and 7 - Technical. Both associations requested factfinding. Since that time, the City, represented by Burke, Williams & Sorensen, has been engaged in the factfinding process and has met for three sessions with the (SRCAA). At this time, one additional session is scheduled with this unit. The process has turned out to be even more expensive and time City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 12 CITY COUNCIL AUGUST 5, 2014 consuming than was originally projected. This is a legal, data driven process, and preparation for sessions is extensive and time-consuming. The law firm of Burke, Williams, & Sorensen is a premier firm in public agency labor law in California. They are active contributors to the CalPELRA, the California Public Employers Labor Relations Association. This professional, nonprofit association established in 1975 is comprised of public sector management representatives, from city, county, or state government, school and special districts, as well as attorneys and private consultants. The firm has represented the City in the fire and police negotiations and is knowledgeable of our policy, MOU’s, staff and City finances and issues. They have been guiding us through the critical factfinding process and it would be very difficult to change attorneys or firms mid-process. The cost of getting another firm up to speed would be added on to actual costs to provide the services and would not be prudent or economical. Additionally, one of the members of the firm, is our panelist representative on the factfinding board and should not be replaced during the ongoing hearings. RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, amend the agreement between Burke, Williams, & Sorensen and the City of Santa Rosa to extend the agreement until December 31, 2014; to increase the amount of the contract by $250,000.00 for a total contract amount of $495,000; and to approve appropriation of $250,000 from the general fund reserves in the Human Resources budget. Funds for these services to be paid from Key Number 040101, Object Code 5320. It is further recommended that if additional services under factfinding are no longer necessary, any unspent funds within the contract will be returned to the general fund. Attachments Staff Report Attachment Resolution Exhibit 5:00 P.M. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 12 CITY COUNCIL AUGUST 5, 2014 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - PLACEMENT OF ANNUAL STORM WATER ENTERPRISE CHARGES ON THE SONOMA COUNTY PROPERTY TAX ROLL BACKGROUND: The annual charges of the storm water enterprise have been fixed by the Council at $29.92 per equivalent residential unit (ERU) for fiscal year 2014/15. To simplify the payment process for property owners and to reduce collection expenses, the City, as directed by Council, proposes to collect the charges on the Sonoma County Property Tax Roll. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, place the storm water enterprise charges on the Sonoma County Property Tax Roll to be collected by the Sonoma County Auditor-Controller-Treasurer-Tax Collector at the same time and in the same manner as county property taxes are collected. Attachments Staff Report Attachment 1 - Cover, first & last page of public display report Resolution Public Hearing Notice 13.2 PUBLIC HEARING - CARMAX REVERSION TO ACREAGE AND INTRODUCTION OF REZONING ORDINANCE TO ALLOW CARMAX AT 2800 CORBY AVENUE / 477 QUILLCO COURT AND ASSOCIATED PARCELS - FILE NO. MJP14-002 BACKGROUND: The project includes requests for Reversion to Acreage and Rezoning to allow an approximately 13,033 square-foot new, used-car auto sales and service facility; an approximately 936 square foot detached carwash; and, associated landscaping and site improvements, including onsite parking for customers and vehicle inventory, located at 2800 Corby Avenue, 477 Quillco Court and associated parcels. On June 26, 2014, the Planning Commission unanimously adopted (5-0) a Mitigated Negative Declaration for the proposed project and City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 12 CITY COUNCIL AUGUST 5, 2014 unanimously recommended (5-0) that the City Council approve the Reversion to Acreage and adopt the requested Rezoning. RECOMMENDATION: It is recommended by the Community Development Department and the Planning Commission that the Council, by resolution, approve a Reversion to Acreage and introduce an ordinance to reclassify four (4) parcels (APNs: 043-091-036, 049-091-033, 043-091-034, 043-091-035) from IL (Light Industrial) to CV (Motor Vehicle Sales) to allow a CarMax used-car dealership at 2800 Corby Avenue, 477 Quillco Court and associated parcels. Attachments Staff Report Attachment 1 - Location Map Attachment 2 - Disclosure Attachment 3 - Initial Study MND Attachment 4 - Plans Attachment 5 - CarMax Final DAC Attachment 6 - Project narrative Attachment 7 - Job site photos Attachment 8 - PC Resolutions Attachment 9 - Correspondence Resolution Exhibit Ordinance Presentation PDF 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 LETTER OF SUPPORT FOR AB 1439 - UNFAIR BUSINESS PRACTICES: CONTESTS AND SWEEPSTAKES (SALAS) - For Council action. Attachments Letter Attachment 15. PUBLIC COMMENTS ON NON-AGENDA MATTERS This is the time when any person may address the Council on matters not City of Santa Rosa Regular Meeting Agenda and Summary Report Page 12 of 12 CITY COUNCIL AUGUST 5, 2014 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 ITEMS, RECESS TO CLOSED SESSION 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. 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