City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT NOVEMBER 18, 2014 2:30 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 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Mateos-Sandoval, et al. v. County of Sonoma, et al. Court Case No. USDC Northern District of California, CV 11 5817 THE 3:00 P.M. (CITY COUNCIL CHAMBER) PUBLIC COMMENTS: 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. Comments from the public on non-agenda items will be heard under Agenda Item 15. 3. STUDY SESSION Study Session items are items for in-depth discussion and possible direction to staff. No action may be taken. 3.1 DRAFT PUBLIC ART MASTER PLAN In 2012, the Public Art Program in the Recreation and Parks Department was awarded an Our Town Grant from the National Endowment for the Arts to develop a Public Art Master Plan. Todd W. Bressi, a public art consultant from Philadelphia, was contracted to develop the plan. 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 10 CITY COUNCIL NOVEMBER 18, 2014 The draft plan includes recommendations related to where to install new projects, what types of projects should be supported, how and when to partner with other organizations, and how to restructure the Art in Public Places Committee (APPC) to improve effectiveness. Public Art Master Plan recommendations will be reflected and implemented through future amendments to the Public Art Policy. The planning process included broad community engagement and public participation through surveys, interviews, meetings, lectures, and workshops. To inform other boards and commissions of the development of this plan, staff presented the draft to the Design Review Board, Board of Community Services, Planning Commission and Cultural Heritage Board to gather feedback. This report is provided as information only. Attachments Staff Report Attachment 1 Presentation PDF 4:00 P.M. (CITY COUNCIL CHAMBER) 4. ANNOUNCEMENT OF ROLL CALL 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS - NONE 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 November 4, 2014, Regular Meeting Attachments Draft Minutes 9. MAYOR'S/COUNCILMEMBERS' REPORTS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 10 CITY COUNCIL NOVEMBER 18, 2014 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) 9.3.7 Other 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN TO RECLASSIFY ASSISTANT CITY MANAGER IN THE CITY MANAGER’S OFFICE TO DEPUTY CITY MANAGER RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, amend the classification and salary plan City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 10 CITY COUNCIL NOVEMBER 18, 2014 to reclassify the Assistant City Manager classification in the City Manager’s Office to Deputy City Manager. The approximate ongoing annual general fund cost is $31,000. No additional FTE or funding is requested for the 2014/2015 fiscal year as current salary savings within the City Manager’s Office budget can cover the cost. Attachments Staff Report Resolution (THE COUNCIL MAY RECESS DURING THE EVENING FOR A 30-MINUTE DINNER BREAK) 12. REPORT ITEMS 12.1 REPORT - SONOMA COUNTY ROAD TAX MEASURE (This item was continued from the October 14, 2014, Regular Meeting) BACKGROUND: The County of Sonoma voted on August 12, 2014 to place a one-quarter of one percent general sales tax measure on the March 3, 2015 ballot along with an Advisory Measure specifying the manner in which the sales tax is proposed to be spent. Santa Rosa, as directed by the City Council at a staff briefing, advised the County that the City wished to allocate ten percent (10%) of the City’s share of the revenues to Transit. As a result of polling results, the County elected to place the measure on the ballot as a general sales tax measure which only requires a majority vote with a companion advisory measure instead of a special sales tax which would require a two thirds vote. On October 28, 2014, the Board of Supervisors voted 5-0 to rescind the prior resolution and adopted a new resolution setting an election for June 2015. The Board further decided to pursue only a general tax measure with no companion advisory measure and to reduce the term of the tax from 20 years to 5 years. RECOMMENDATION: It is recommended by the City Attorney and the Director of Transportation and Public Works that the Council discuss the proposed Sonoma County General Tax for Roads and by motion provide staff with direction, if any. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 10 CITY COUNCIL NOVEMBER 18, 2014 Attachments Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation PDF 12.2 REPORT - JUILLIARD PARK MASTER PLAN AMENDMENT CHURCH OF ONE TREE SITE ADDING A FENCE BACKGROUND: The Recreation and Parks Department desires to increase use of the Church of One Tree and protect the building. The Church of One Tree site abuts Juilliard Park. The Master Plan for Juilliard Park was established in 1932, and was most recently amended on February 11, 2014. The Church of One Tree (Church) was placed on the site adjacent to Juilliard Park in 1957, and the building was used as the Ripley Memorial Museum from 1970 to 1998. The building was designated by City Council as a Landmark in 1998. The building has been restored and also modified to comply with the Americans with Disabilities Act. The Recreation and Parks Department is tasked with increasing use and generating revenue at the Church. Ongoing issues at the exterior of the building and the entryways, including vandalism, graffiti, discarded drug paraphernalia and illegal encampments, have made it difficult to rent and program the facility. Santa Rosa Police Department staff has suggested that the Recreation and Parks Department install a fence in order to increase control over the site. The installation of a fence with gates - on the south side within Juilliard Park and on the north side on the Church site - will protect the building and provide a safe and clean environment for customers. A motion to recommend approval of the fence was approved by the Board of Community Services on July 23, 2014. A resolution to approve the fence design, with conditions, was approved by the Cultural Heritage Board on November 5, 2014. RECOMMENDATION: It is recommended by the Department of Recreation and Parks that the Council, by resolution, approve the Juilliard Park Master Plan Amendment, adding a fence to enclose the City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 10 CITY COUNCIL NOVEMBER 18, 2014 Church of One Tree. Attachments Staff Report Attachment 1 Attachment 2 Resolution Exhibit A Presentation PDF 12.3 REPORT - FISCAL YEAR 2013-14 MEASURE O ANNUAL REPORT BACKGROUND: Ordinance No. 3680 added Chapter 3-26 to the Santa Rosa City Code establishing a special transactions and use tax. The special tax measure, known as Measure O, increased sales tax by a quarter percent to fund specific Police, Fire, and Gang Prevention/Intervention programs, as set forth in the Ordinance. The tax revenues generated by Measure O are split between Fire (40%), Police (40%) and Gang Prevention/Intervention Programs (20%), with these revenues spent in accordance with an Implementation Plan which was adopted by the City Council. The ordinance also established a Citizen Oversight Committee, with members appointed by the City Council, to ensure the proper use of the Measure O funds. Each year, an Annual Report is prepared by City staff, reviewed by the Citizen Oversight Committee and presented to the City Council reporting on expenditures and activities during the past fiscal year. RECOMMENDATION: It is recommended by the Finance, Police, Fire, and Recreation and Parks Departments, the City Manager’s Office and the Measure O Citizen Oversight Committee, that the Council, by motion, accept the Measure O Annual Report for FY 2013-14. Attachments Staff Report Attachment 1 - Measure O Annual Report Presentation PDF 5:00 P.M. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 10 CITY COUNCIL NOVEMBER 18, 2014 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING - JENNINGS AVENUE PEDESTRIAN AND BICYCLE RAIL CROSSING DRAFT ENVIRONMENTAL IMPACT REPORT BACKGROUND: On November 12, 2013, a Notice of Preparation of the Draft Environmental Impact Report (EIR) for the Jennings Avenue Pedestrian and Bicycle Rail Crossing project was issued. On October 17, 2014, the Jennings Avenue Pedestrian and Bicycle Rail Crossing Draft EIR was released for public review. The 45-day comment period is scheduled to end on December 1, 2014. The Council will hold a public hearing on the Draft EIR to elicit public comments and to provide comments on the Draft EIR RECOMMENDATION: It is recommended by the Community Development and Transportation and Public Works Departments that Council hold a public hearing regarding the Jennings Avenue Pedestrian and Bicycle Rail Crossing Draft Environmental Impact Report. Attachments Staff Report Attach 1 - Location Map Attach 2 - CC Resolution No. 28181 Attach 3 - CC Meeting Minutes 8-14-12 Attach 4 - CC Meeting Minutes 11-13-12 Attach 5 - CC Resolution No. 28284 Attach 6 - CC Meeting Minutes 5-21-13 Attach 7 - Draft EIR Hyperlink to DEIR Attach 8 - Council email Attach 8 - NOA - English Attach 8 - NOA - Spanish Presentation uploaded 11-17-14 **13.2 PUBLIC HEARING - RECONSIDER THE CITY COUNCIL’S DECISION TO GRANT AN APPEAL AND REVERSE THE PLANNING COMMISSION’S DECISION TO ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE A TENTATIVE PARCEL MAP, AND TO City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 10 CITY COUNCIL NOVEMBER 18, 2014 DENY A GENERAL PLAN AMENDMENT AND A REQUEST TO REZONE FOR CALISTOGA COTTAGES, A 4-LOT SUBDIVISION LOCATED AT 408 CALISTOGA ROAD, APN 153-430-032. FILE NO. MJP13-007 BACKGROUND: On September 16, 2014, a motion to deny an appeal and approve Calistoga Cottages, a four lot subdivision at 408 Calistoga Road failed 3-4 and staff was instructed to bring a resolution granting the appeal and denying the Calistoga Cottages subdivision to a future meeting. On September 23, 2014, Council Member Wysocky requested the Council reconsider its position to grant the appeal and deny the Calistoga Cottages subdivision stating the project warranted additional consideration due to information provided late in the discussion at the September 16, 2014 meeting. Council voted in favor of the reconsideration 4-2, with one Council member absent. RECOMMENDATION: It is at the discretion of the Council to reconsider its position regarding Calistoga Cottages and either: • grant the appeal and deny the Calistoga Cottages subdivision by overturning the Planning Commission’s action to adopt a Mitigated Negative Declaration and approve a Tentative Parcel Map; and to deny a General Plan Amendment from Very Low Density Residential (0.2-2.0 units per acre) to Low Density Residential (2.0- 8.0 units per acre) and Rezone from the RR-40 (Rural Residential) zoning district to the R-1-6 (Single Family Residential) zoning district for Calistoga Cottages, a 4-lot subdivision located at 408 Calistoga; or • deny the appeal and approve the Calistoga Cottages subdivision by adopting a Mitigated Negative Declaration for the proposed project, approving a General Plan Amendment from Very Low Density Residential (0.2-2.0 units per acre) to Low Density Residential (2.0-8.0 units per acre) and Rezoning from the RR-40 (Rural Residential) zoning district to the R-1-6 (Single Family Residential) zoning district for the property located at 408 Calistoga Road, and approving a Tentative Parcel Map for a 4-lot subdivision City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 10 CITY COUNCIL NOVEMBER 18, 2014 located at that site. Attachments Reconsideration Memo Attach 1 - CC Packet with attachments 1-6 maps and disclosure form Attach 1 - CC Packet with attachments 7-12 MND, Cultural Resources Study, MND Attach 1 - CC Packet with attachments 13 Appeal Form Attach 2 - CC - Minutes - 2014-09-16 Attach 3 - CC - Minutes - 2014-09-23 Attach 4 - Corresp rcvd through October 20, 2014 Appellant Attorney Response Correspondence Late Correspondence (uploaded 11/17/2014) Resolution - Denial Resolution - MND Resolution - GPAM Ordinance - Rezoning Resolution - TM Exhibit Public Hearing Notice Presentation PDF Appellant Presentation - pdf 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 FREE TRANSIT FARE CONCEPT - Provided for information. Attachments Memo 14.2 LETTER TO SONOMA COUNTY BOARD OF SUPERVISORS REGARDING AB 2470 - CALIFORNIA SEED LAW - Provided for information. Attachments Letter 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 10 CITY COUNCIL NOVEMBER 18, 2014 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. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 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