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 26, 2014 12:30 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 PUBLIC EMPLOYEE - EVALUATION OF PERFORMANCE (Government Code section 54957(b)) Title: City Attorney 2.2 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). RECESS CLOSED SESSIONS AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER PUBLIC COMMENTS ON AGENDA ITEMS: 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 14 CITY COUNCIL AUGUST 26, 2014 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. 3:00 P.M. (CITY COUNCIL CHAMBER) 3. ANNOUNCEMENT OF ROLL CALL 4. STUDY SESSION Study Session items are items for in-depth discussion and possible direction to staff. No action may be taken. 4.1 CITY OF SANTA ROSA ANTI-HARASSMENT, DISCRIMINATION AND RETALIATION POLICY At the July 22, 2014 study session, Council requested clarifications to the policy and information regarding the legal context for the policy and return in August for another study session. Attachments Staff Report Attachment 4:00 P.M. (CITY COUNCIL CHAMBER) 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - 2014 EMPLOYEE FUND DRIVE Attachments Proclamation 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 14 CITY COUNCIL AUGUST 26, 2014 matters except to possibly place a particular item on a future agenda for Council consideration. 8. APPROVAL OF MINUTES 8.1 July 29, 2014, Regular Meeting Attachments Draft Minutes 8.2 August 5, 2014, Regular Meeting Attachments Draft Minutes 9. MAYOR'S/COUNCILMEMBERS' REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9.2 MAYOR'S/COUNCILMEMBERS’ REPORTS 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) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 14 CITY COUNCIL AUGUST 26, 2014 9.3.7 Other 9.4 COUNCIL APPOINTMENT TO SONOMA COUNTY LIBRARY COMMISSION 9.4.1 Council may vote to appoint Linda Garcia as the Joint City of Santa Rosa/County of Sonoma Representative for a four-year term to expire August 1, 2018. Attachments Staff Report Notice of Availability of Applications 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 MOTION - PROJECT WORK ORDER AMENDMENT NO. A010070-2011-06A LAGUNA TREATMENT PLANT COMBINED HEAT AND POWER DESIGN SERVICES DURING CONSTRUCTION RECOMMENDATION: It is recommended by the Utilities Department that the Council, by motion, approve a project work order amendment in the total amount of $42,890.00 with GHD, Inc. of Santa Rosa, California for completion of design services during construction of the Laguna Treatment Plant Combined Heat and Power project. Funding for this project has been appropriated to Account No. 86370. Attachments Staff Report Attachment 1 - Amendment Project Work Order Attachment 2 - Amendment Project Work Order Attachment 3 - Master Professional Agreement Attachment 4 - Project Work Order 11.2 MOTION - BID AWARD - LED STREET LIGHTS RECOMMENDATION: It is recommended by the Finance and Transportation and Public Works Departments that the Council, by motion, approve bid award of IFB 14-36 and issuance of a purchase order for LED Street lights, to City Electric Supply, Santa Rosa, California, in the amount of $360,006.00. Funds for this procurement City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 14 CITY COUNCIL AUGUST 26, 2014 have been budgeted in Fiscal Year 2014/15 Public Works Department charge number 001410-5341-17531-00. Attachments Staff Report 11.3 MOTION - CONTRACT EXTENSION - JANITORIAL SUPPLIES RECOMMENDATION: It is recommended by the Finance Department that the Council, by motion, approve the Fourth Amendment to General Services Agreement Number F000271 for a one-year contract extension for janitorial supplies, with a 3% increase in contract unit price for only one item of the contract, to Fishman Supply Company, Petaluma, California, in the amount of $76,261.00. Cumulative contract value is $297,370.52. Funding for this operational expense is allocated in the FY 2014-2015 operational budgets of various departments that utilize these services. Attachments Staff Report Attachment 1 - 4th Amendment 11.4 RESOLUTION - APPROPRIATION OF FUNDS, AND WAIVER OF COMPETITIVE BIDDING AND SOLE SOURCE AWARD - ALLIANCE INDUSTRIAL HOSE REEL AUXILIARY SYSTEM PURCHASE ORDER RECOMMENDATION: It is recommended by the Finance and Utilities Departments that the Council, by resolution, appropriate $189,355.22 from the unappropriated water reserves in fund 1611 GL Key 130603-5584, waive competitive bidding and approve a sole source Purchase Order for a hose reel mounted auxiliary potable water system to Alliance Industrial, Windsor, California, in a not to exceed amount of $189,355.22. Attachments Staff Report Attachment 1 - Alliance Industrial Quotation Resolution 11.5 RESOLUTION - STONY POINT ROAD WIDENING AND RECONSTRUCTION PHASE 2 - DELEGATION TO TRANSPORTATION AND PUBLIC WORKS DIRECTOR TO PURCHASE MITIGATION CREDITS, APPROVE AGREEMENTS AND PERMITS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 14 CITY COUNCIL AUGUST 26, 2014 RECOMMENDATION: It is recommended by Engineering Services that the Council, by resolution: 1) authorize the Director of Transportation and Public Works to approve and execute Mitigation Credits purchase agreements related to the Stony Point Road Widening and Reconstruction Phase 2 - Sebastopol Road to Hearn Avenue Project (Project), in an amount not exceeding $822,790.00 (the original proposal amount plus a 5% contingency), subject to approval by the City Attorney; and 2) authorize the Director of Transportation and Public Works or his designee to apply for, approve, and execute environmental permits and agreements related to the Project, subject to approval by the City Attorney. Attachments Staff Report Resolution 11.6 RESOLUTION - ABANDONED VEHICLE ABATEMENT PROGRAM EXTENSION RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution, authorize the extension of the Abandoned Vehicle Abatement Program until June 30, 2025, and authorize the City Manager to execute agreements and amendments associated with the Sonoma County Abandoned Vehicle Abatement Service Authority on behalf of the City of Santa Rosa. Attachments Staff Report Resolution 11.7 ORDINANCE ADOPTION - ESTABLISHING SALARY AND OTHER COMPENSATION AND BENEFITS FOR THE CITY MANAGER RECOMMENDATION: This ordinance, introduced at the August 5, 2014, Regular Meeting by a 6-0-1 vote (Council Member Wysocky absent), establishes salary and other compensation and benefits for the new City Manager, Sean McGlynn. Attachments Ordinance Exhibit A (THE COUNCIL MAY RECESS DURING THE EVENING FOR A 30-MINUTE DINNER BREAK) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 14 CITY COUNCIL AUGUST 26, 2014 12. REPORT ITEMS 12.1 REPORT - ADOPTION OF ORDINANCE TO APPROVE AN AMENDMENT TO THE CITY OF SANTA ROSA’S CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM BACKGROUND: On July 29, 2014 by a 7-0 vote, the City Council adopted a Resolution of Intention to Amend the Contract between the City of Santa Rosa and the California Public Employees’ Retirement System and introduced the Ordinance to amend the contract to establish additional contributions to pension. RECOMMENDATION: It is recommended by the Human Resources Department that the Council adopt the Ordinance to amend the contract between the City of Santa Rosa and the California Public Employees Retirement System. Attachments Staff Report Attachment Ordinance Exhibit 12.2 REPORT - ADOPTION OF MEMORANDUM OF UNDERSTANDING (MOU) - UNIT 17 - PROFESSIONAL ATTORNEYS REPRESENTED BY THE SANTA ROSA ATTORNEYS’ ASSOCIATION IN AFFILIATION WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS (“IBT”) LOCAL UNION NUMBER 856. BACKGROUND: The City’s representatives and representatives from Unit 17 - Santa Rosa City Attorneys, represented by the Santa Rosa City Attorneys Association in affiliation with the International Brotherhood of Teamsters (“IBT”) Local Union Number 856, have met and conferred in good faith concerning a successor Memorandum of Understanding and agreed on a contract. 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 17 - Santa Rosa City Attorneys, represented by the Santa Rosa City City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 14 CITY COUNCIL AUGUST 26, 2014 Attorneys Association in affiliation with the International Brotherhood of Teamsters (“IBT”) Local Union Number 856 to be effective August 26, 2014 through June 30, 2016. It is further recommended that Council authorize the Mayor to execute a Memorandum of Understanding (MOU) to implement the changes. Attachments Staff Report Attachment Resolution Exhibit Presentation PDF (uploaded 8/25/2014) 12.3 REPORT - COUNCIL GOALS - FOURTH QUARTER UPDATE FOR 2013-15 STRATEGIC OBJECTIVES BACKGROUND: In February 2014, staff presented updates on the strategic objectives. Study Sessions were held to examine the work plans and cost estimates related to each individual goal that required a budget request for the Fiscal Year 2014/15. This report will highlight some of the progress made by staff on the Strategic Objectives. RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by motion, accept the 2014 fourth quarter update for the 2013-15 Strategic Objectives. Attachments Staff Report Attachment 12.4 REPORT - SMOKING REGULATIONS UPDATE BACKGROUND: In 2013, the Council established goals and strategic objectives for 2013 to 2015. Council Goal 6 states that the Council will “commit to making Santa Rosa a healthy community where people feel safe to live, work, and play.” Strategic Objective #2 is to expand the City’s smoking ordinance for public/private places. The Community Development Department was tasked with bringing forward revised regulations for smoking in public and private places. The purpose of this item is to bring forward ideas for changes to the City’s smoking regulations to further reduce the impacts of second hand smoke, and to seek Council direction to proceed. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 14 CITY COUNCIL AUGUST 26, 2014 RECOMMENDATION: It is recommended by the Community Development Department that the Council, by motion, direct staff to update the City’s smoking regulations to: 1) Prohibit smoking in attached multifamily housing, including duplexes, apartments, and condominiums and any building that contain two or more attached residential units; 2) Eliminate any allowance for smoking in “recreational areas” and on City-owned recreational properties including parks; 3) Prohibit smoking at all City-owned properties including (but not limited to) office buildings, recreation centers, public safety facilities, parking garages, and parking lots; 4) Prohibit smoking at bus stops and within bus shelters; 5) Revise definition of “smoking” in Chapter 9-20 to explicitly include use of electronic cigarettes, and evaluate the Zoning Code to determine if revisions are needed related to electronic cigarettes; and 6) Evaluate increasing the percentage of guest rooms within hotels and motels that must be smoke-free from 50% to 75%. Attachments Staff Report Attachment Presentation 12.5 REPORT - RIGHT OF WAY FOR CALTRANS LAGUNA DE SANTA ROSA BRIDGE REPLACEMENT PROJECT BACKGROUND: Caltrans is preparing to construct a project to widen the Highway 12 bridge over the Laguna de Santa Rosa. The bridge will be widened to include two travel lanes, wide shoulders, and sidewalks on both sides of the roadway. In order to accomplish this project, Caltrans must obtain Right of Way and Construction Easements from property owners within the area of work. These include the cities of Sebastopol and Santa Rosa, the Sonoma County Agricultural Preservation and Open Space District (SCAPOSD), and various private property owners adjacent to the limits of the project. The City of Sebastopol and SCAPOSD have granted rights to Caltrans for this project. The City of Santa Rosa owns property adjacent to Caltrans’ Highway 12 right of way as part of the City’s subregional wastewater treatment plant operations. City of Santa Rosa property needed for the Caltrans project includes permanent right of way (19,459 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 14 CITY COUNCIL AUGUST 26, 2014 sq.ft.), temporary construction easement (3,048 sq.ft.) and public utility easement (323 sq.ft.). Proposed compensation to the City for these property rights is $4,800.00. RECOMMENDATION: It is recommended by the Utilities Department and Engineering Services that the Council, by resolution, approve and authorize the Mayor to execute a Right of Way Contract and Grant Deed for the Caltrans Laguna de Santa Rosa Bridge Replacement project. Attachments Staff Report Attachment 1 - Map Resolution Exhibit 12.6 REPORT - ADDITIONAL BUDGET APPROPRIATION FOR BUILDING DIVISION PLAN REVIEW CONSULTANT SERVICES BACKGROUND: The increase in Quarter 4 permit activity during the latter portion of Fiscal Year 2013-14 resulted in excess Plan Review revenue of approximately $173,000.00 for which the work will not be done until Fiscal Year 2014-15. These plan review deposit funds must be used for the purpose of performing mandated plan reviews on the specific projects for which the deposits were collected. As part of the Fiscal Year 2013-14 closing process, this excess balance will be classified as part of the Unassigned Fund Balance. In order to make these funds available in Fiscal Year 2014-15, it will be necessary to classify the Funds as Assigned for Plan Review. This Assigned for Plan Review Fund Balance could then be appropriated into the Fiscal Year 2014-15 Building Division Consultant Services account to clear the current backlog of reviews. RECOMMENDATION: It is recommended by the Community Development Department, the City Manager, and the Finance Department that the Council, by resolution, 1) approve classifying $173,000.00 from the Fiscal Year 2013-14 year end Unassigned Fund Balance generated by unanticipated building plan revenue to fund balance Assigned for Building Plan Review, 2) appropriate $173,000.00 from fund balance Assigned for Plan Review into Fiscal Year 2014-15 Professional Services account GL Key 080202 Object 5320. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 14 CITY COUNCIL AUGUST 26, 2014 Attachments Staff Report Resolution 5:00 P.M. 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - APPLICATION TO REZONE (0.66 ACRES) FROM PD (PLANNED DEVELOPMENT) TO CG (GENERAL COMMERCIAL) TO ALLOW A SHERWIN WILLIAMS PAINT AND DÉCOR CENTER TO LOCATE WITHIN THE EXISTING VACANT RESTAURANT BUILDING (5,200 SQ. FT.) LOCATED AT 1350 FARMERS LANE APN 014-591-032. FILE NO. REZ14-006 BACKGROUND: On July 24, 2014 the Planning Commission held a public hearing on this application and voted 6-0-1 to recommend that the City Council approve a request to rezone a 0.66 acre parcel from the PD (Planned Development) District to the CG (General Commercial) District to allow a Sherwin Williams paint and décor center to locate within the existing vacant restaurant building at 1350 Farmers Lane. RECOMMENDATION: It is recommended by the Planning Commission and the Community Development Department that Council introduce an ordinance rezoning 1350 Farmers Lane from the PD District to the CG District. Attachments Staff Report Attachment 1 - Location Map Attachment 2 - Zoning Map Attachment 3 - Site Plan and Photos Attachment 4 - Neighborhood Context Map Attachment 5 - Disclosure Form Attachment 6 - PD 0035 Ordinance Attachment 7 - PC Resolution 11683 Attachment 8 - PC Draft Minutes 7/24/2014 Ordinance Presentation PDF (uploaded 8/25/2014) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 12 of 14 CITY COUNCIL AUGUST 26, 2014 13.2 PUBLIC HEARING - REVISED 2014 WATER AND WASTEWATER DEMAND FEES BACKGROUND: Demand fees are the one-time fees charged for new service connections to the City’s water and wastewater systems. The fees are intended to recover costs attributable to new development. In 2012, the City of Santa Rosa retained The Reed Group, Inc. to update the Demand Fees previously adopted in 2007. Based upon a comprehensive review and update, the Board of Public Utilities (Board), City staff, and the consultant recommend revising the fee basis to a ‘System Buy In’ approach. New data was incorporated based on revised building code and landscape installation standards for new development that have been adopted since 2007 to determine peak demand. These changes result in the recommended fees being significantly lower than fees established by the previous study. Because the impact of lower fees is significant for new development, the Board recommends that Council add a provision to the sewer ordinance and water resolution that persons or entities paying demand fees beginning August 7, 2014 (the date the Board determined to recommend the proposed revised demand fees) and ending when the ordinance and/or resolution take effect may apply to the Director of Utilities for an administrative adjustment of the fees in accordance with the fees established by the adopted ordinance and resolution. In addition, changes are recommended to Table 15-1 of Chapter 15 of the City Code to incorporate current flow data into the Commercial, Industrial and Institutional demand fee calculation factors. Finally, proposed amendments to City Code Sections 15-16.030 (C) and 15-16.050 will allow wastewater demand fees to be paid per Title 21 of the City Code per the City’s Aggressive Economic Development Policy. This proposed amendment makes wastewater demand fees consistent with all other Development Impact Fees regarding time of payment. RECOMMENDATION: It is recommended by the Board of Public Utilities and the Department of Utilities that Council, by resolution, adopt the revised water demand fees and re-adopt the annual escalator and introduce an ordinance adopting the revised wastewater demand fees, re-adopting the annual escalator and making related revisions to the City City of Santa Rosa Regular Meeting Agenda and Summary Report Page 13 of 14 CITY COUNCIL AUGUST 26, 2014 Code. Attachments Staff Report Attachment 1 Attachment 2 Resolution Ordinance Presentation PDF 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES ATTENDANCE REPORT - Provided for information. Attachments Report 14.2 MARIN/SONOMA MOSQUITO & VECTOR CONTROL DISTRICT MANAGER’S REPORT - Provided for information. Attachments Report 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 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 14 of 14 CITY COUNCIL AUGUST 26, 2014 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