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 7, 2015 2:30 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 12 and 16. 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 12) 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 16. 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. 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) 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 9 City Council JULY 7, 2015 Name of Case: United States and the States of California, Delaware, Florida, Illinois, Indiana, Nevada, New York, Tennessee, and the Commonwealths of Massachusetts, Virginia, and the District of Columbia, ex rel. John Hendrix v. J-M Manufacturing Company, Inc. d/b/a/ JM Eagle, a Delaware corporation, and Formosa Plastics Corporation, U.S.A., a Delaware corporation Court Case No. United States District Court for the Central District of California, Case No. ED CV06-0055-GW 2.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Airport Business Center, et al. v. City of Santa Rosa Court Case No. Sonoma County Superior Court Case No. SCV-253897 2.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Meritage Homes of California, Inc. v. City of Santa Rosa Court Case No. Sonoma County Superior Court Case No. SCV-256454 RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 4:00 P.M. (CITY COUNCIL CHAMBER) 3. ANNOUNCEMENT OF ROLL CALL 4. STUDY SESSION - NONE Study Session items are items for in-depth discussion and possible direction to staff. No action will be taken. 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - PARKS MAKE LIFE BETTER! MONTH Attachments Proclamation 7. STAFF BRIEFINGS - NONE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 9 City Council JULY 7, 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. 8. APPROVAL OF MINUTES - NONE 9. MAYOR'S/COUNCILMEMBERS’ REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9.2 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 9.2.1 Council Subcommittee Reports 9.2.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 9.2.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.2.4 Association of Bay Area Governments (ABAG) 9.2.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.2.6 Sonoma Clean Power Authority (SCPA) 9.2.7 Sonoma County Waste Management Agency (SCWMA) 9.2.8 Other 9.3 DESIGNATION OF VOTING DELEGATE/ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 9.3.1 In order to vote at the Annual Business Meeting at the League of California Cities 2015 Annual Conference, each member City must designate a voting delegate and up to two alternate delegates. This City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 9 City Council JULY 7, 2015 year’s conference will be held in San Jose from Wednesday, September 30 through Friday October 2. The delegates must be designated by the City Council, and the voting delegate and alternates must be registered to attend the conference. Attachments LOCC Voting Delegate Letter 10. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 11. CONSENT ITEMS 11.1 RESOLUTION - PROFESSIONAL SERVICE AGREEMENT FOR WELLNESS SERVICES WITH WELLNESS SOLUTIONS, INC., FOR MISCELLANEOUS EMPLOYEES RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, approve the professional agreement with W. Solutions, Inc. for an amount not to exceed $150,000 for miscellaneous employee wellness services. Funding for this contract was budgeted for Fiscal Year 2015-16. Attachments Staff Report Attachment Resolution Exhibit Presentation 11.2 RESOLUTION - PROFESSIONAL SERVICE AGREEMENT FOR WELLNESS SERVICES WITH WELLNESS SOLUTIONS, INC., FOR SAFETY EMPLOYEES RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, approve the Professional Services Agreement with W. Solutions, Inc. for an amount not to exceed $150,000 for wellness services for Safety employees. Funding for this ongoing contract was budgeted for Fiscal Year 2015-16. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 9 City Council JULY 7, 2015 Attachments Staff Report Attachment Resolution Exhibit Presentation 11.3 RESOLUTION - ACCEPTANCE OF THE 2015 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution, authorize the City Manager to accept the 2015 Edward Byrne Memorial Justice Assistance Grant Program Award in the amount of $45,802 and authorize the Chief Financial Officer to establish a project key in the amount of $45,802, the source of funds being the 2015 Edward Byrne Memorial Justice Assistance Grant Program. Attachments Staff Report Attachment Resolution Presentation 11.4 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 9-20 OF THE SANTA ROSA CITY CODE PROHIBITING SMOKING IN AND AROUND WORKPLACES, PUBLIC PLACES, AND PRIVATE PLACES - FILE NUMBER ST14-004 RECOMMENDATION: This ordinance, introduced at the June 30, 2015, Regular Meeting by a 4-2-1 vote (Councilmembers Olivares and Schwedhelm voting no; Councilmember Carlstrom absent), amends Chapter 9-20 of the Santa Rosa City Code prohibiting smoking in and around workplaces, public places, and private places. Attachments Ordinance - redline Ordinance 11.5 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 20-70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF THE ZONING CODE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 9 City Council JULY 7, 2015 RECOMMENDATION: This ordinance, introduced at the June 30, 2015, Regular Meeting, by a 6-0-1 vote (Council Member Carlstrom absent), amends Chapter 20-70.020 (Definitions of Specialized Terms and Phrases) of the Zoning Code to include revise definitions related to tobacco/smoke shops and a definition of electronic smoking devices. Attachments Ordinance 12. PUBLIC COMMENT 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. 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 16. 13. REPORT ITEMS 13.1 REPORT - MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, SONOMA LAND TRUST AND THE SOUTHEAST GREENWAY COMMUNITY PARTNERSHIP REGARDING A PROPOSAL TO TRANSFER RESCINDED STATE ROUTE 12 LAND FOR THE SANTA ROSA SOUTHEAST GREENWAY BACKGROUND: Council Goal #4, Maintain and Enhance Our City’s Cultural, Historic, and Recreational Assets, includes an objective to support the efforts of the Southeast Greenway Campaign, a community group. The City of Santa Rosa is a member of the Southeast Greenway Community Partnership, a partnership comprised of Santa Rosa, Sonoma County Water Agency and Regional Parks, Southeast Greenway Campaign, and Landpaths. The proposed Memorandum of Understanding between the California Department of Transportation, Sonoma Land Trust, and the Southeast Greenway Community Partnership documents a shared understanding of the steps necessary to transfer approximately 52 acres of undeveloped highway land in southeast Santa Rosa to public ownership. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 9 City Council JULY 7, 2015 RECOMMENDATION: It is recommended by the Community Development Department that Council, by resolution, approve a Memorandum of Understanding between the California Department of Transportation, Sonoma Land Trust, and the Southeast Greenway Community Partnership including the City of Santa Rosa. Attachments Staff Report Attachment 1 - Location Map Attachment 2 - Draft Memorandum of Understanding Attachment 3 - Mutual Letter of Intent Resolution Exhibit A Presentation 14. 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. 14.1 PUBLIC HEARING - A PLACE TO PLAY PARK MASTER PLAN AMENDMENT TO ADD A DOG PARK AND REMOTE CONTROL CAR TRACK BACKGROUND: On June 18, 1996 the Council authorized development of “A Place to Play,” an 83-acre parcel located at 2375 West Third Street owned by the City of Santa Rosa. Currently 50 acres of the park are improved, with six soccer fields, two ball diamonds, restroom and concession stand building, paved parking lots, and a trail around a pond; 33 acres remain unimproved. In 2010 a fenced, off-leash dog park was installed along the northern edge of the park, near the creek path. In 2012, a remote control car track was installed along West Third. Neither the dog park nor the remote control track were formally added to the park master plan. Staff received noise complaints related to the dog park from neighbors residing across the creek, north of the park. Staff enlisted the advice of the Board of Community Services (BOCS) to consider recommendations for the placement of assets and amending the master plan. The BOCS reviewed options for the relocation of the dog park and the remote control car track at their January 28, 2015 and City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 9 City Council JULY 7, 2015 April 22, 2015 meetings. The Board approved forwarding recommendation to City Council to amend the Master Plan for A Place to Play Park, adding a dog park at the corner of the east entry drive adjacent to the concession stand and remote control track at the corner of the west entry drive and parking lot. Staff presented the Board recommendation to City Council on June 2, 2015. City Council directed staff to implement a public hearing process and provide notice of the hearing to surrounding neighbors. RECOMMENDATION: It is recommended by the Department of Recreation & Parks that the Council, by resolution, adopt the A Place to Play Park Master Plan Amendment. Attachments Staff Report Attachment 1 Attachment 2 Resolution Exhibit A Presentation 15. WRITTEN COMMUNICATIONS - NONE 16. 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. 17. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 18. ADJOURNMENT OF MEETING 19. UPCOMING MEETINGS 19.1 UPCOMING MEETINGS LIST Attachments List City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 9 City Council JULY 7, 2015 *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