City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT MARCH 31, 2015 3:15 P.M. (MAYOR'S CONFERENCE ROOM, ROOM 10) 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 Items 11 and 15. 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. The first public comment period on non-agenda items (Agenda Item 11) will begin no earlier than 5:30 p.m. and will be limited to ten speakers selected randomly by the Mayor. Each speaker will be allowed three minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 15. To address the Council you are requested to complete a yellow Speaker 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 submitting your comments to 100 Santa Rosa Avenue, Room 10, Santa Rosa 95404 or cityclerk@srcity.org. CONVENE TO A SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION (CITY COUNCIL CHAMBER) NOTICE IS HEREBY GIVEN that the Council of the City of Santa Rosa will hold a Special Joint Meeting on Tuesday, March 31, 2015, in the City Council Chamber, 100 Santa Rosa Avenue, Santa Rosa, California, at 3:15p.m. The purpose of this meetIng is to hold a Joint Study Session of the City Council and the Planning Commission to discuss the followig matter: 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 11 CITY COUNCIL MARCH 31, 2015 1. CALL TO ORDER AND ROLL CALL 2. JOINT STUDY SESSION Study Session items are items for in-depth discussion and possible direction to staff. No action may be taken. 2.1 JOINT STUDY SESSION - ANNUAL REVIEW OF THE GENERAL PLAN AND GROWTH MANAGEMENT AND HOUSING ALLOCATION PLAN ORDINANCES Each year, the Planning Commission and City Council review the General Plan, consistent with state planning and zoning law. The study session will allow time to cover General Plan actions in 2014, housing needs information, as well as to review the operation of the Growth Management program and the Housing Allocation Plan over the last year. Attachments Staff Report Attachment 1 - Annual Report 2014 Presentation PDF ADJOURN SPECIAL JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION AND CONVENE CITY COUNCIL REGULAR MEETING 4:00 P.M. (CITY COUNCIL CHAMBER) 3. CALL TO ORDER AND ROLL CALL 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 5. PROCLAMATIONS/PRESENTATIONS 5.1 PROCLAMATION - CHILD ABUSE PREVENTION MONTH Attachments Proclamation 6. STAFF BRIEFINGS - NONE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 11 CITY COUNCIL MARCH 31, 2015 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 March 3, 2015, Regular Meeting Attachments Draft Minutes 7.2 March 10, 2015, Regular Meeting Attachments Draft Minutes 8. MAYOR'S/COUNCILMEMBERS’ REPORTS 8.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 8.2 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 8.2.1 Council Subcommittee Reports 8.2.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 8.2.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 8.2.4 Association of Bay Area Governments (ABAG) 8.2.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 8.2.6 Sonoma Clean Power Authority (SCPA) 8.2.7 Sonoma County Waste Management Agency (SCWMA) 8.2.8 Other City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 11 CITY COUNCIL MARCH 31, 2015 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 10. CONSENT ITEMS 10.1 MOTION - LOWER COLGAN CREEK RESTORATION PROJECT - PHASE 1 - CONTINGENCY INCREASE RECOMMENDATION: It is recommended by Engineering Services that the Council, by motion, increase the contingency amount allocating $73,695.62 for contaminated soil disposal for the Lower Colgan Creek Restoration Project - Phase 1, and establish a total contract amount of $1,651,075.52 with the source of funds being Storm Water Creek funds. Attachments Staff Report 10.2 RESOLUTION - ANNUAL REVIEW OF THE GENERAL PLAN AND GROWTH MANAGEMENT AND HOUSING ALLOCATION PLAN ORDINANCES RECOMMENDATION: It is recommended by the Community Development Department that the Council, by resolution, receive a report regarding the Annual Review of the General Plan and the Growth Management and Housing Allocation Plan Ordinances. Attachments Staff Report Resolution Exhibit A 10.3 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CERTAIN SECTIONS OF SANTA ROSA CITY CODE TITLE 15 - SEWERS TO MAINTAIN COMPLIANCE WITH EPA INDUSTRIAL PRETREATMENT PROGRAM REGULATION REVISIONS RECOMMENDATION: This ordinance, introduced at the March 17, 2015, Regular Meeting by unanimous vote amends certain sections of Santa Rosa City Code Title 15 - Sewers to maintain compliance with EPA Industrial Pretreatment Program regulation revisions. Attachments Ordinance City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 11 CITY COUNCIL MARCH 31, 2015 11. PUBLIC COMMENT ON NON-AGENDA ITEMS 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. This public comment period will begin no earlier than 5:30 p.m. and will be limited to ten speakers selected randomly by the Mayor. Each speaker will be allowed three minutes. Speakers who do not have an opportunity to speak during this time will be allowed to make public comment under Agenda Item 15. 12. REPORT ITEMS 12.1 REPORT - SONOMA COUNTY WATER AGENCY BIOLOGICAL OPINION BACKGROUND: The City currently has three sources of existing water supply: entitlement from the Sonoma County Water Agency (Water Agency), groundwater from our Farmers Lane wells, and recycled water. The City currently receives the majority of its potable water supply from the Water Agency. The Water Agency’s primary source of supply is the Russian River. The Russian River is home to three fish species, steelhead, coho salmon and Chinook salmon, that are listed as threatened or endangered under the federal and state Endangered Species Act (ESA). In relation to the ESA, in 2008, the National Marin Fisheries Service issued a Biological Opinion that analyzed the impacts of the current operation of the Warm Springs and Coyote Valley Dams, as well as other facilities operated by the U.S Army Corps of Engineers, the Water Agency, and the Russian River Flood Control and Water Conservation Improvement District in the Russian River Watershed. Water Agency staff will provide an overview of the Biological Opinion for the Council’s information. RECOMMENDATION: For Council information only. Attachments Staff Report Attachment 1 Presentation City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 11 CITY COUNCIL MARCH 31, 2015 12.2 REPORT - SONOMA COUNTY WATER AGENCY 2015/16 WATER TRANSMISSION BUDGET AND RATE INCREASE BACKGROUND: Sonoma County Water Agency (SCWA) staff presented the proposed 2015/16 Water Transmission System budget to the SCWA Technical Advisory Committee (TAC) on March 2, 2015. The SCWA proposed to increase rates for wholesale water on the Santa Rosa Aqueduct by 4.16% or from $730.68 per acre foot to $761.05 per acre foot. On April 6, 2015 the Water Advisory Committee (WAC) is scheduled to vote on whether or not to recommend approval of the proposed 2015/16 SCWA water transmission budget and water rate increase request to the SCWA Board of Directors. SCWA will present the 2015/16 water transmission system budget for the Council’s consideration after which time the Council may make a recommendation to the City’s WAC representative on whether or not to recommend approval of the proposed 2015/16 SCWA water transmission budget. RECOMMENDATION: It is recommended by Santa Rosa Water and the Board of Public Utilities that the Council, by motion, authorize Santa Rosa's Water Advisory Committee (WAC) representative to vote in favor of approving the proposed 2015/16 Sonoma County Water Agency (SCWA) water transmission budget and water rate increase request. Attachments Staff Report Attachment Presentation PDF 12.3 REPORT - SEVENTH AMENDMENT TO COOPERATIVE AGREEMENT TO IMPLEMENT THE SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM BACKGROUND: On April 14, 2009, the City Council adopted Resolution No. 27342 assenting to the City of Santa Rosa’s participation and inclusion in the Sonoma County Energy Independence Program (SCEIP) with conditions requiring a re-examination of the allocation of the carbon and renewable energy credits (RECs) attributable to the participation of City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 11 CITY COUNCIL MARCH 31, 2015 Santa Rosa residents and businesses. After follow-up discussion between the County and the City, staff proposes a Seventh Amendment which extends the City’s participation in SCEIP for ten (10) years and outlines an agreement regarding carbon credits and RECs attributable to SCEIP. RECOMMENDATION: It is recommended by the City Manager's Office that the Council, by resolution, approve the Seventh Amendment to the Cooperative Agreement to participate in the Sonoma County Energy Independence Program (SCEIP) for another ten (10) years. Attachments Staff Report Attachment 1 Resolution Exhibit Presentation PDF 5:00 P.M. 12.4 REPORT - SONOMA MARIN AREA RAIL TRANSIT STATION PLATFORM DESIGN BACKGROUND: On August 5, 2014 SMART submitted 65% designs for the rail station platforms for the City’s review and comment. On September 15, 2014, comments were sent by City staff to SMART outlining concerns related to station access, parking, interface with CityBus, and platform design. On November 6, 2014 the Sonoma County Transportation Authority (SCTA) sent comments to SMART with specific recommendations for shelters and furniture from the Sonoma County jurisdictions that will have stations in the first phase of operations. On February 19, 2015 the City received a letter from SMART outlining the revised design aesthetic adopted by the SMART Board and outlining options for the City’s consideration and requesting a response to those options by March 31, 2015. RECOMMENDATION: It is recommended by the Community Development and Public Works Departments that the Council, by motion, direct the City Manager to provide comments to the Sonoma Marin Area Rail Transit (SMART) Agency regarding platform design aesthetic and City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 11 CITY COUNCIL MARCH 31, 2015 color. Attachments Staff Report Attach 1 - Letter from SMART to Mayor Bartley Attach 2 - 4-15-2014 SMART Meeting Notes Attach 3 - Design Package 4 – Station Platform Finishes – 65% Submittal Attach 4 - Letter from the City to SMART Attach 5 - E-mail from SCTA to SMART (with attachments) Attach 6 - Letter from SMART to City Manager McGlynn Presentation PDF (uploaded 3/27/2015) 13. PUBLIC HEARINGS Public Hearing matters will begin no earlier than 5:00 p.m. or as soon thereafter as the matters are reached on the agenda. 13.1 PUBLIC HEARING - SMOKING REGULATIONS UPDATE (Continued from the February 10, 2015, Regular Meeting) 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. On August 26, 2014, the Council initiated the update to the City’s smoking regulations. Based on Council direction and input from stakeholders, a draft smoking ordinance and draft revisions to the Zoning Code were prepared. The Planning Commission held a public hearing to consider the Zoning Code text changes pertaining to tobacco/smoke shops on October 23, 2014, and voted 5-0-1 to recommend approval of those changes. On December 12, 2014, the Council held a study session to review the draft smoking ordinance and Zoning Code changes. In response to Council and public comment, minor changes were made to the smoking ordinance and a draft revised ordinance was made available for public review. The public hearing was scheduled for February 10, 2015. The Council continued the public hearing to March 31, 2015. The smoking City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 11 CITY COUNCIL MARCH 31, 2015 ordinance and the Zoning Code revisions are the subjects of the public hearing. RECOMMENDATION: It is recommended by the Community Development Department that the Council introduce an ordinance replacing Chapter 9-20 (Smoking in and Around Workplaces and Public Places) with Chapter 9-20 (Smoking Regulations). It is further recommended by the Community Development Department and the Planning Commission that the Council introduce an ordinance to amend Chapter 20-70.020 (Definitions of Specialized Terms and Phrases) of the Zoning Code to include revised definitions related to tobacco/smoke shops and a definition of electronic smoking devices. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 11 CITY COUNCIL MARCH 31, 2015 Attachments Staff Report Attach 1 - Public Draft - Chapter 9-20 Smoking Regulations - January 12, 2015 Attach 2 - Zoning Code Text Amendment Text Attach 3 - Smoking Regulations Update - Memo to Council Attach 4 - Sonoma County Smoking Regulations - Matrix Attach 5 - Previous Staff Report - December 16, 2014 Attach 6 - Smoking Cessation Therapies Attach 7a - Technical Studies Part I Attach 7b - Technical Studies Part II Attach 8a - Public Correspondence Part I Attach 8b - Public Correspondence Part II Attach 8c - Public Correspondence Part III Attach 8d - Public Correspondence Part IV Attach 8e - Public Correspondence Part V Attach 8f - Public Correspondence Part VI Attach 8g - Public Correspondence Part VII Attach 8h - Public Correspondence Part VIII Attach 8i - Late Public Correspondence (uploaded 3/27/2015) Attach 9 - Planning Commission Resolution No. 11687 Attach 10 - Planning Commission Minutes - October 23, 2014 Attach 11 - Electronic Cigarettes A Summary of Public Health Risks Ordinance 1 Ordinance 2 Presentation 1 PDF Presentation 2 PDF 14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 14.1 MEMORANDUM TO COUNCIL REGARDING HOUSING ALLOCATION PLAN REQUIREMENTS. Provided for information. Attachments Memorandum 14.2 LETTER IN SUPPORT OF H.R. 813, THE FIXING OPERATIONS OF RESERVOIRS TO ENCOMPASS CLIMATIC AND ATMOSPHERIC City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 11 CITY COUNCIL MARCH 31, 2015 SCIENCE TRENDS ACT (“FORECAST ACT”). For Council action. 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 the Council. Each speaker will be allowed three minutes. 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