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 26, 2016 4:00 P.M. - REGULAR SESSION (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 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 5:00 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 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. 4:00 P.M. (CITY COUNCIL CHAMBER) 1. CALL TO ORDER AND ROLL CALL 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE 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. 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 JULY 26, 2016 3. STUDY SESSION - NONE Study Session items are items for in-depth discussion and possible direction to staff. No action will be taken. 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE 5. PROCLAMATIONS/PRESENTATIONS - NONE 6. 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. 7. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 7.1 QUARTERLY REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 within the second quarter of 2016 (04/01/2016 - 06/30/2016) as well as provide a summary of pending litigation against the City. Attachments Memorandum Exhibits 8. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 9. MAYOR'S/COUNCILMEMBERS’ REPORTS 9.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 9.1.1 Council Subcommittee Reports 9.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 11 City Council JULY 26, 2016 9.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 9.1.4 Association of Bay Area Governments (ABAG) 9.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 9.1.6 Sonoma Clean Power Authority (SCPA) 9.1.7 Sonoma County Waste Management Agency (SCWMA) 9.1.8 Other 10. APPROVAL OF MINUTES - NONE 11. CONSENT ITEMS 11.1 MOTION - REQUEST AUTHORIZATION TO SUBMIT GRANT APPLICATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 8 GRANT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, authorize the Director of Transportation and Public Works to submit a grant application to the State of California for the Highway Safety Improvement Program Cycle 8 in the amount of $994,400 to install Flashing Yellow Turn Arrow signals throughout the city. Attachments Staff Report Attachment Presentation 11.2 RESOLUTION - CITY OF SANTA ROSA AND OAKMONT VILLAGE ASSOCIATION AGREEMENT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve an agreement with the Oakmont Village Association for Santa Rosa CityBus to provide a deviated fixed route bus service for the Oakmont community, City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 11 City Council JULY 26, 2016 and authorize the City Manager to execute the agreement. Attachments Staff Report Attachment 1 - Agreement Resolution Exhibit A - Agreement Presentation 11.3 RESOLUTION - ACCEPTANCE OF THE 2016 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 2016 Edward Byrne Memorial Justice Assistance Grant in the amount of $48,367. Attachments Staff Report Resolution Presentation 11.4 ORDINANCE ADOPTION - AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA REQUIRING JUST CAUSE FOR TENANT EVICTIONS IN THE CITY OF SANTA ROSA RECOMMENDATION: This ordinance, introduced at the July 19, 2016, Regular Meeting by a 4-2-0-1 vote (Vice Mayor Schwedhelm, Council Member Olivares voting no; Mayor Sawyer absent/recused), would require just cause for evictions in the City of Santa Rosa. Attachments Ordinance - Non Urgency 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 5:00 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 16. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 11 City Council JULY 26, 2016 13. REPORT ITEMS 13.1 REPORT - 2016 CERTIFICATES OF PARTICIPATION (COURTHOUSE SQUARE PROJECT AND 2007 LEASE REFINANCING) BACKGROUND: The Finance Department requires approval of the documents affiliated with the 2016 Certificates of Participation (Courthouse Square Project and 2007 Lease Refinancing), subject to the completion of each document once certain facts are known (e.g., the identity of leased asset; interest rates and principal amounts determined at the time of the bond sale). The resolution authorizes the Finance Department to execute and deliver the documents with such changes, insertions and omissions as it deems necessary. The proposed resolution would also rescind temporary appropriations of $4,533,752 previously authorized with Resolution No. 27882. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve the forms of the Preliminary Official Statement which includes as an exhibit the Continuing Disclosure Certificate, Site and Facilities Lease, Lease Agreement, Trust Agreement, Escrow Deposit and Trust Agreement and Certificate Purchase Agreement in connection with the execution and delivery of 2016 Certificates of Participation (Courthouse Square Project and 2007 Lease Refinancing) (the “2016 COPs”) in order to (1) finance a portion of the costs of the Courthouse Square Reunification Project costs, (2) refinance the City’s outstanding Certificates of Participation (Building Acquisition Project) (the “2007 COPs”) for debt service savings, (3) approve the appointment of bond counsel/disclosure counsel and financial advisor for this financing, (4) rescind appropriation of $4,533,752 from the General Fund unassigned fund balance as authorized in Resolution No. 27882, (5) appropriate $4,200,000 from debt proceeds into the Courthouse Square Reunification Project, and (6) direct repayment of any funds already expended as authorized under Resolution No. 28790. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 11 City Council JULY 26, 2016 Attachments Staff Report Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 Attachment 6 Presentation PDF Resolution 13.2 REPORT - APPROVAL OF MEMORANDA OF UNDERSTANDING - UNIT 2 - FIREFIGHTING REPRESENTED BY THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF) LOCAL 1401, UNIT 3 - MAINTENANCE REPRESENTED BY OPERATING ENGINEERS LOCAL 3, UNIT 8 - TRANSIT REPRESENTED BY SEIU LOCAL 1021, UNIT 9 - FIRE SAFETY MANAGEMENT REPRESENTED BY THE SANTA ROSA POLICE MANAGEMENT ASSOCIATION, UNIT 13 - MECHANICS REPRESENTED BY OPERATING ENGINEERS LOCAL 3, UNIT 14 - POLICE CIVILIAN TECHNICAL REPRESENTED BY SEIU LOCAL 1021, UNIT 16 - UTILITY SYSTEMS OPERATORS REPRESENTED BY OPERATING ENGINEERS LOCAL 3, UNIT 17 - PROFESSIONAL ATTORNEYS REPRESENTED BY THE SANTA ROSA CITY ATTORNEYS ASSOCIATION, AND UNIT 18 - MISCELLANEOUS MID-MANAGEMENT REPRESENTED BY THE SANTA ROSA MANAGEMENT ASSOCIATION BACKGROUND: The City’s representatives and representatives of the nine subject City bargaining units have met and conferred concerning successor Memoranda of Understanding and have agreed on 12 month contracts. The significant change to the new agreements is a 2.5% increase to salary for all employees in the nine units. RECOMMENDATION: It is recommended by the Human Resources Department and the City Manager’s Office that the Council, by resolution, approve the Memoranda of Understanding for agreements for and on behalf of the employees in City Bargaining Units 2, 3, 8, 9, 13, 14, 16, 17 and 18, effective July 1, 2016 to June 30, 2017. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 11 City Council JULY 26, 2016 Attachments Staff Report Attachment Unit 2 MOU redline Attachment Unit 3 MOU redline Attachment Unit 8 MOU redline Attachment Unit 9 MOU redline Attachment Unit 13 MOU redline Attachment Unit 14 MOU redline Attachment Unit 16 MOU redline Attachment Unit 17 MOU redline Attachment Unit 18 MOU redline Resolution Unit 2 Exhibit Unit 2 MOU final draft Resolution Unit 3 Exhibit Unit 3 MOU final draft Resolution Unit 8 Exhibit Unit 8 MOU final draft Resolution Unit 9 Exhibit Unit 9 MOU final draft Resolution Unit 13 Exhibit Unit 13 MOU final draft Resolution Unit 14 Exhibit Unit 14 MOU final draft Resolution Unit 16 Exhibit Unit 16 MOU final draft Resolution Unit 17 Exhibit Unit 17 MOU final draft Resolution Unit 18 Exhibit Unit 18 MOU final draft Presentation 13.3 REPORT - APPROVING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA’S UNIT 10 - EXECUTIVE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 11 City Council JULY 26, 2016 MANAGEMENT BACKGROUND: City staff have traditionally provided terms equitable to other bargaining units to unrepresented Unit 10. This new document maintains that tradition. The significant change to the new document is a 2.5% increase to salary for all employees in the unit. RECOMMENDATION: It is recommended by the Human Resources Department and the City Manager’s Office that the Council, by resolution, approve the Wages, Hours and Other Terms and Conditions of Employment for and on behalf of, the employees in the City’s Bargaining Unit 10 -Executive Management, effective July 1, 2016 to June 30, 2017. Attachments Staff Report Attachment Resolution Exhibit Presentation 13.4 REPORT - APPROVING WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA’S UNIT 11 -MIDDLE MANAGEMENT AND UNIT 12 - CONFIDENTIAL BACKGROUND: City staff have traditionally provided terms equitable to other bargaining units to the unrepresented Unit 11 and Unit 12. This new document maintains that tradition. The significant change to the new document is a 2.5% increase to salary for all employees in the unit. RECOMMENDATION: It is recommended by the Human Resources Department and the City Manager’s Office that the Council, by resolution, approve the Wages, Hours and Other Terms and Conditions of Employment for and on behalf of, the employees in the City’s Bargaining Unit 11 -Middle Management and Unit 12 - Confidential, effective July 1, 2016 to June 30, 2017. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 11 City Council JULY 26, 2016 Attachments Staff Report Attachment Resolution Exhibit Presentation 13.5 REPORT - AMENDMENT TO ANTI-HARASSMENT, ANTI-DISCRIMINATION AND ANTI-RETALIATION COUNCIL POLICY 700-03 BACKGROUND: In November 2014, Human Resources Staff met and conferred with the bargaining units as required by MMBA (Government Code §§ 3500 et seq.) One slight modification was suggested and accepted regarding employee responsibilities. In January 2015, the draft Policy was finalized, capturing additional changes in the law that expanded the definition of “protected persons” to include City volunteers and unpaid City interns; and to reflect a change in reporting procedures if a Council member is involved in a complaint by an employee. The complaint will now be referred to the City Manager for further action. RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, adopt the revised Anti-Harassment, Anti-Discrimination and Anti-Retaliation Policy. Attachments Staff Report Attachment Resolution Exhibit A Presentation 13.6 REPORT - EMERGENCY DECLARATIONS CONCERNING HOMELESSNESS BACKGROUND: On July 19, 2016, staff presented to Council three options for emergency declarations concerning homelessness, including declaration of shelter crisis, declaration of local emergency, and request for gubernatorial state of emergency proclamation, and sought direction regarding Council’s interest in pursuing these options. Council made a City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 11 City Council JULY 26, 2016 motion to direct staff to take the appropriate steps to declare a homelessness emergency utilizing the three options outlined by staff. Staff has prepared the appropriate declarations and a letter to the Governor for Council consideration. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council formally recognize a homelessness emergency through the following 1) adopt a resolution declaring a shelter crisis within Santa Rosa; 2) adopt a resolution declaring a local homeless emergency within Santa Rosa; and 3) by motion, direct the Mayor to submit a letter requesting for a gubernatorial state of emergency proclamation. Attachments Staff Report Attachment 1 Resolution - Declaration of Shelter Crisis Resolution - Declaration of Local Homeless Emergency 14. PUBLIC HEARINGS - NONE 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. 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 This schedule is tentative and subject to change pending final publication and posting of the City Council Meeting Agenda. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 11 of 11 City Council JULY 26, 2016 19.1 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