City Council

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT DECEMBER 1, 2015 2:30 P.M. - CLOSED SESSION (MAYOR'S CONFERENCE ROOM) 3:00 P.M. - STUDY SESSION (COUNCIL CHAMBER) 4:00 P.M. - REGULAR SESSION (COUNCIL CHAMBER) 2:30 P.M. (MAYOR'S CONFERENCE ROOM) 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 13 and 17. 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 13) will begin no earlier than 5:00 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 17. 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 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 DECEMBER 1, 2015 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: Application of the City of Santa Rosa for Approval to Construct a Public Pedestrian and Bicycle At-Grade Crossing of the Sonoma-Marin Area Rail Transit (“SMART”) Track at Jennings Avenue Located in Santa Rosa, Sonoma County, State of California. Application No.: A.15-05-014 RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 3:00 P.M. (CITY COUNCIL CHAMBER) 3. STUDY SESSION Study Session items are items for in-depth discussion and possible direction to staff. No action will be taken. 3.1 OVERVIEW OF REGULATIONS ON TRANSPORTATION NETWORK COMPANIES SUCH AS UBER AND LYFT The City Council requested an overview of the current state of regulations of Transportation Network Companies (TNCs) such as Uber and Lyft after receiving complaints from local taxi drivers. The City Attorney will provide an overview of the regulations in effect and the limits of the City’s ability to regulate such entities. Attachments Staff Report Attachment 1 Attachment 2 Attachment 3 Presentation 4:00 P.M. (CITY COUNCIL CHAMBER) 4. ANNOUNCEMENT OF ROLL CALL City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 10 City Council DECEMBER 1, 2015 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - DRIVE SOBER MONTH 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 matters except to possibly place a particular item on a future agenda for Council consideration. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 8.1 UPDATE ON MEDICAL MARIJUANA LEGISLATION AND REQUEST FOR DIRECTION The City Attorney will provide an update on medical marijuana legislation and request direction from the Council. 9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 10. MAYOR'S/COUNCILMEMBERS’ REPORTS 10.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 10.1.1 Council Subcommittee Reports 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 10.1.4 Association of Bay Area Governments (ABAG) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 10 City Council DECEMBER 1, 2015 10.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 10.1.6 Sonoma Clean Power Authority (SCPA) 10.1.7 Sonoma County Waste Management Agency (SCWMA) 10.1.8 Other 11. APPROVAL OF MINUTES 11.1 November 3, 2015, Regular Meeting Attachments Draft Minutes 11.2 November 10, 2015, Regular Meeting Attachments Draft Minutes 11.3 November 17, 2015, Regular Meeting Attachments Draft Minutes 12. CONSENT ITEMS 12.1 RESOLUTION - TEMPORARY PERMIT TO USE 665 SEBASTOPOL ROAD RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve the Temporary Permit to Use 665 Sebastopol Road to allow access and use of the premises at 665 Sebastopol Road by the Transportation and Public Works Department for a public workshop on December 3, 2015, and authorize the Director of Transportation and Public Works to execute and administer the Temporary Permit to Use 665 Sebastopol Road with the Sonoma County Community Development Commission for the same purpose. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 10 City Council DECEMBER 1, 2015 Attachments Staff Report Attachment 1 Resolution Presentation 13. 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 5:00 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 17. 14. REPORT ITEMS 14.1 REPORT - APPROVAL OF AMENDMENT NO. 6 TO CITY ATTORNEY EMPLOYMENT AGREEMENT AND INTRODUCTION OF ORDINANCE ESTABLISHING SALARY FOR THE CITY ATTORNEY BACKGROUND: The City and the City Attorney entered into an Employment Agreement dated July 22, 2008, as amended by Amendment No. 1, dated May 30, 2009; Amendment No. 2, dated September 15, 2010; Amendment No. 3, dated August 30, 2012; Amendment No. 4, dated May 1, 2012; and Amendment No. 5 dated July 15, 2014. RECOMMENDATION: As requested by the Mayor, staff has prepared Amendment No. 6 to the City Attorney Employment Agreement and an Ordinance Establishing Salary for the City Attorney, increasing the monthly salary of the City Attorney by 4.5% from $16,140 to $16,865. Attachments Staff Report Attachment 1 Ordinance Resolution Exhibit City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 10 City Council DECEMBER 1, 2015 14.2 REPORT - ORDINANCE INTRODUCTION - AMENDMENT TO TAXICAB DRIVER ALCOHOL AND CONTROLLED SUBSTANCE TESTING BACKGROUND: In 2011, Council adopted Ordinance No. 3964 creating requirements for Taxicab Services within the city limits. Among the requirements of the ordinance, was the restriction of reapplying for a driver permit for five years following the submittal of a positive drug and alcohol test. Since the enactment of the ordinance in 2011, the Police Department has received 35 franchise applications and approved 21. Additionally, the Department has received applications for 197 taxicab drivers and approved 131; a total of 15 drivers have been denied due to the submittal of positive drug tests, probation violations, and arrests following application submittal. In winter 2014, a taxicab driver appealed the denial of his driver permit to the City Council resulting in a review of the ordinance. At that time, Council expressed an interest in revising the ordinance to reduce the restrictions for reapplying for a taxicab driver permit following a positive drug test from five years to three years. RECOMMENDATION: It is recommended by the Police Department that the Council introduce an ordinance amending Section 6-87.350 of the Santa Rosa City Code to reduce the number of years that a taxicab driver is prevented from reapplying for a driver’s permit following a positive drug and alcohol test from five years to three years. Attachments Staff Report Attachment 1 Ordinance Presentation 14.3 REPORT - APPROVAL FOR LETTER OF CONCEPTUAL SUPPORT TO THE RUSSIAN RIVER WATERSHED ASSOCIATION FOR EVALUATION OF THE FEASIBILITY OF A SAFE MEDICINE DISPOSAL ORDINANCE TO ADDRESS LONG-TERM NEEDS FOR SAFE AND CONVENIENT PRESCRIPTION DRUG DISPOSAL OPTIONS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 10 City Council DECEMBER 1, 2015 BACKGROUND: Russian River Watershed Association (RRWA), a coalition of twelve cities (including Santa Rosa), counties and special districts in the Russian River watershed that work together to coordinate regional programs for clean water, fisheries and watershed enhancement, is seeking a letter of conceptual support from the City of Santa Rosa, along with its other member agencies, for evaluation of the feasibility of a safe medicine disposal ordinance that would address the long-term need for prescription drug disposal within the region. A manufacturer-funded collection and disposal program for unwanted, expired and unneeded prescription drugs would significantly increase safe and convenient disposal options for residents within the City of Santa Rosa, enabling collection of larger quantities of unwanted, expired and unneeded prescription drugs and pharmaceuticals and reduce potential impacts to public health, safety, and the environment. RECOMMENDATION: It is recommended by the Santa Rosa Water Department and the Board of Public Utilities that the City Council, by motion, approve a letter of conceptual support to the Russian River Watershed Association (RRWA) for evaluation of the feasibility of a safe medicine disposal ordinance and authorize the Mayor to sign the letter. Attachments Staff Report Attachment 1 Attachment 2 Presentation 15. 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. 15.1 PUBLIC HEARING - TEFRA HEARING - VISTA SONOMA SENIOR LIVING APARTMENTS, A 189-UNIT SENIOR MULTIFAMILY RENTAL HOUSING DEVELOPMENT LOCATED AT 1401-1409 TOWNVIEW AVENUE BACKGROUND: Vista Sonoma Senior Living Apartments is approximately 15 years old and in need of rehabilitation. The existing owners plan to sell their interests to a new ownership entity (that includes some of the existing owners) in order to finance the rehabilitation and to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 10 City Council DECEMBER 1, 2015 preserve affordability of the development for another 55 years. Financing includes tax credit equity and tax exempt bonds. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, approve the issuance by the California Statewide Communities Development Authority of tax exempt, multifamily housing revenue bonds in an amount not to exceed $25,000,000 for acquisition and rehabilitation of Vista Sonoma Senior Living Apartments, located at 1401-1409 Townview Avenue. Attachments Staff Report Attachment 1 - Request for TEFRA Hearing Attachment 2 - Locational Graphic Resolution Presentation Public Hearing Notice 15.2 PUBLIC HEARING - 2015 WATER AND WASTEWATER COST OF SERVICE STUDY AND RATE STRUCTURE RECOMMENDATIONS BACKGROUND: In 2014, the City hired The Reed Group, Inc. (TRGI) to perform a thorough cost of service analysis. TRGI found that even though the City is in a second year of water shortage, and the State has imposed mandatory water use restrictions, Santa Rosa Water’s financial health is such that general water and wastewater rate increases are not needed for the current fiscal year. While an increase in rates is not needed in the current fiscal year, rate structure changes for both water and wastewater rates are recommended. The rate structure changes reflect current case law, updated cost of service analyses and consider a number of rate-setting objectives. Beginning in FY 16-17, moderate annual water and wastewater rate increases, projected to be between 2% and 3.3% for most customers, are proposed to help ensure that Santa Rosa Water continues to meet all service and financial obligations. RECOMMENDATION: It is recommended by the Board of Public Utilities and the Water Department that the City Council introduce an ordinance enacting changes to the potable water and recycled water fixed service charges and rate structures in January 2016 and approving 5 years of City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 10 City Council DECEMBER 1, 2015 water and recycled water service fixed charge and usage charge rate increases to go into effect on July 1 of each year, 2016-2020, and readopting the wholesale pass-through rate on water usage charges for another five year period; and, by resolution, enact changes to wastewater fixed service charges, usage charges and rates structures in January 2016 and approve 5 years of wastewater service fixed charge and usage charge rate increases to go into effect on July 1 of each year, 2016 - 2020. Attachments Staff Report Attachment 1 Attachment 2 Attachment 3 Ordinance Resolution Presentation Notice of Public Hearing (Press Democrat) Prop 218 Notice (Customers) 16. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 16.1 UPDATE ON MID-YEAR PROJECTS - Provided for information. Attachments Update on Midyear Projects 17. 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. 18. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 19. ADJOURNMENT OF MEETING 20. UPCOMING MEETINGS City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 10 City Council DECEMBER 1, 2015 This schedule is tentative and subject to change pending final publication and posting of the City Council Meeting Agenda. 20.1 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