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City Council

Regular Meeting

Santa Rosa, CA · January 31, 2017

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City Hall City of Santa Rosa 100 Santa Rosa Ave Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, January 31, 2017 2:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Coursey called the Closed Session meeting to order at 2:02 p.m. Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer and Council Member Tom Schwedhelm 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT Duane DeWitt spoke regarding concerns of litigation costs to the City; requested that legal counsel not be outsourced; and commended City Manager McGlynn for community outreach efforts and Interim City Attorney for legal support. Mayor Coursey recessed the meeting to Closed Session at 2:06 p.m. to discuss Items 2.1 and 2.2 as listed on the agenda: 2.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Brian Kestler v. City of Santa Rosa, et al. Court Case No.: USDC Northern District of CA C 15-1361 TEH 2.2 PUBLIC EMPLOYEES - EVALUATION OF PERFORMANCE (Government Code section 54957(b)) Titles: City Manager and Interim City Attorney Mayor Coursey adjourned Closed Session at 4:05 p.m. and reconvened the meeting to open session in the Council Chamber at 4:12 p.m. 3. STUDY SESSION - NONE. City of Santa Rosa Regular Meeting Minutes Page 2 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer and Council Member Tom Schwedhelm 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS Interim City Attorney Stricker reported that the Council met in Closed Session and provided instruction to City Attorney on Item 2.1. She further announced that there was no action to report on Item 2.2. 6. PROCLAMATIONS/PRESENTATIONS - NONE. 7. STAFF BRIEFINGS - NONE. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager McGlynn provided a communication that was sent to the workforce regarding the value of the City's diverse community, value of the City's diverse staff, and clarification of the police policy on immigration status. 9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS There were no abstentions made. 10. MAYOR'S/COUNCILMEMBERS’ REPORTS The Mayor and Council Members made announcements and reports of interest to the Council. Vice Mayor Tibbetts announced his appointment of Chris Grabill to the Board of Public Utilities, and reappointment of Doug Mckenzie to the Bicycle and Pedestrian Advisory Board. Mayor Coursey announced his appointment of Vice Mayor Tibbets as the representative and Council Member Combs as the alternate to the Russian River Watershed Association. Mayor Coursey announced his appointment of Council Member Sawyer as the representative to the Sonoma County Waste Management Agency. Hearing no objections, Council Member Combs was appointed as the alternate to the Sonoma County Waste Management Agency. City of Santa Rosa Regular Meeting Minutes Page 3 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 Council Member Olivares announced his appointment of Sandy Wandel to the Board of Community Services. 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) 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 10.2 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS 10.2.1 REQUEST FOR AGENDA ITEM TO CONSIDER DECLARING SANTA ROSA AS A SANCTUARY CITY BACKGROUND: At the January 24, 2017, City Council meeting, Mayor Coursey requested a future agenda item to consider a resolution declaring Santa Rosa as a welcoming city, or non-cooperative city, or a sanctuary city, or one of those suggestions. Council Member Olivares concurred. PUBLIC COMMENT Stella Monday spoke in support of the item. Susan Shea spoke in support of the item. Avalon Baldwin spoke in support of the item. City of Santa Rosa Regular Meeting Minutes Page 4 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 Tesia Blonski spoke in support of the item. George Uberti spoke in support of the item. Joyce Higgins spoke in support of the item. Christy Lubin spoke in support of the item. Abraham Entin spoke in support of the item. Luis Avila Cruz spoke in support of the item. Michael Titone spoke in support of the item. Rachel Dovey spoke in support of the item. Kathleen Zurga spoke in support of the item. Patricia Moreno spoke in support of the item. Chaney Delaire spoke in support of the item. Alfredo spoke in support of the item. Carol McHale spoke in support of the item. Bob Hansen spoke in support of the item. Mayor Coursey recessed the meeting at 5:06 p.m. and reconvened the meeting at 5:14 p.m. Vice Mayor Tibbetts requested a future agenda item to consider the possibility of a joint City - County task force on housing comprised of members of Council, members of the Board of Supervisors, and key staff from Planning & Economic Development and Housing & Community Services. Council Member Rogers concurred with the request. A motion was made by Council Member Olivares, seconded by Council Member Combs, to add for a future agenda item to City of Santa Rosa Regular Meeting Minutes Page 5 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 consider declaring Santa Rosa as a welcoming city, or non-cooperative city, or a sanctuary city, or one of those suggestions. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS PUBLIC COMMENT Duane DeWitt spoke regarding Item 12.1. Peter Tscherneff spoke regarding Item 12.1. Approval of the Consent Agenda A motion was made by Vice Mayor Tibbetts , seconded by Council Member Sawyer, to approve the Consent Items 12.1 through 12.3. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 12.1 RESOLUTION - ROSELAND AREA REZONING, PREZONING AND GENERAL PLAN LAND USE CLERICAL CORRECTIONS RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, 1) by resolution, approve a change in General Plan land use designation for the properties located at 2028 and 2279 W. Hearn Avenue and an unaddressed parcel on W. Hearn Avenue located at Assessor’s Parcel Number 134-001-013, from Low Density Residential to Very Low Density Residential, correcting a clerical error in the October 18, 2016 resolution adopting changes to the General Plan as part of the Roseland Area/Sebastopol Road Specific Plan, and 2) introduce two ordinances, one to prezone the W. Hearn Avenue County island to Rural Residential-Rural Heritage (RR-20-RH), and the other to rezone the properties located at 2046 and 2048 W. Hearn Avenue to RR-20-RH, correcting clerical errors in the October City of Santa Rosa Regular Meeting Minutes Page 6 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 25, 2016 ordinances that rezoned and prezoned parcels within the Specific Plan and Roseland Area Annexation boundaries. This Consent - Resolution was adopted and the Ordinances were introduced. RESOLUTION NO. RES-2017-008 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL TO VERY LOW DENSITY RESIDENTIAL FOR THREE PROPERTIES LOCATED ON WEST HEARN AVENUE, ASSESSOR’S PARCEL NUMBERS 134-011-013, 134-022-035 AND 134-280-021 - FILE NUMBER ST14-001 ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – PREZONING 49 PROPERTIES LOCATED WITHIN THE WEST HEARN AVENUE COUNTY ISLAND – FILE NUMBER ST13-003 ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – RECLASSIFICATION OF THE PROPERTIES LOCATED AT 2046 AND 2048 WEST HEARN AVENUE, ASSESSOR’S PARCEL NUMBERS 134-012-009 AND 014 – FILE NUMBER ST14-001 12.2 RESOLUTION - RESOLUTION AUTHORIZING FILING OF APPLICATON FOR FTA FORMULA PROGRAM AND SURFACE TRANSPORTATION PROGRAMS FUNDING RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, authorize the City Manager or designee to execute and file the annual grant applications under the Federal Transit Administration (FTA) formula program and Surface Transportation Programs for FY 16-17 through FY 19-20. This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-009 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE FILING OF AN APPLICATION FOR FTA FORMULA PROGRAM AND SURFACE TRANSPORTATION PROGRAMS FUNDING FOR FIXED ROUTE OPERATING, ADA PARATRANSIT OPERATING, PREVENTIVE MAINTENANCE AND BUS REPLACEMENT City of Santa Rosa Regular Meeting Minutes Page 7 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 PROJECTS, AND COMMITTING THE NECESSARY LOCAL MATCH FOR THE PROJECTS AND STATING THE ASSURANCE OF THE CITY OF SANTA ROSA TO COMPLETE THE PROJECTS 12.3 RESOLUTION - APPROPRIATION OF SUBREGIONAL WASTEWATER FUNDS FOR SUBREGIONAL SYSTEM IMPROVEMENTS (This item was continued from the January 24, 2017, Regular Meeting) RECOMMENDATION: It is recommended by the Water Department and the Santa Rosa Subregional Wastewater Technical Advisory Committee that the Council, by resolution, appropriate $1.8 million of reserves in Subregional Wastewater funds for Subregional System improvements. This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-010 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE APPROPRIATION OF SUBREGIONAL WASTEWATER FUNDS FOR SUBREGIONAL SYSTEM IMPROVEMENTS 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Duane DeWitt spoke regarding the funding development of Oversight Board to the Successor Agency; and requested that the history of the Redevelopment Agency funds and the transition to Successor Agency be explained to the public. George Uberti spoke regarding the effects of undocumented immigrants returning to their country. Peter Tscherneff invited Council and citizens to join a march against Wells Fargo bank; and against human trafficking. 14. REPORT ITEMS 14.1 REPORT - REQUEST TO SUMMARILY VACATE 2,655 SQUARE-FEET OF A PUBLIC STORM DRAIN EASEMENT LOCATED AT 4015 SKYFARM DRIVE BACKGROUND: The applicant has requested that the City vacate a portion of a public storm drain easement that is no longer necessary due to the final storm drain pipe system City of Santa Rosa Regular Meeting Minutes Page 8 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 design. The 3.03-acre parcel was created as part of a larger subdivision in 1996. In 2005, the Engineering Division approved a revision to the subdivision improvement plans and relocated the 2,665-square-foot open swale. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve a summary vacation of 2,655 square-feet of a public storm drain easement located at 4015 Skyfarm Drive. Presented by Bill Rose, Supervisor Planner and Monet Sheikhali, Contract Planner. A motion was made by Council Member Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-011 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA SUMMARILY VACATING A 2,665-SQUARE-FOOT PUBLIC STORM DRAIN EASEMENT ON THE PROPERTY LOCATED AT 4015 SKYFARM DRIVE, ASSESSOR PARCEL NO. 173-800-001 - FILE NO. VAC16-004 The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.2 REPORT - QUIET ZONES - NOTICE OF ESTABLISHMENT BACKGROUND: The Transportation and Public Works Department will provide an update on the status of the Quiet Zone process for Santa Rosa. Staff will recommend submitting a Notice of Establishment to the Federal Railroad Authority, authorizing the City Manager to coordinate with the County of Sonoma and SMART on the implementation date of the Quiet Zone in Santa Rosa from Bellevue Avenue to San Miguel Road. This does not prohibit trains from using their horns in the event of emergencies or in the exercise of discretion by the train operator as deemed necessary. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, authorize the City Manager to file a Notice of Establishment with the Federal Railroad Administration; the railroads that operate City of Santa Rosa Regular Meeting Minutes Page 9 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 within the City of Santa Rosa; and with the State agencies responsible for highway-rail grade crossing safety establishing a 24-hour Quiet Zone through the City of Santa Rosa, from Bellevue Avenue to San Miguel Road, including all grade crossings between these limits. Presented by Robert Sprinkle, Deputy Director of Transportation and Public Works. A motion was made by Mayor Coursey, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-012 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FILING OF A NOTICE OF ESTABLISHMENT WITH THE FEDERAL RAILROAD ADMINISTRATION; THE RAILROADS THAT OPERATE WITHIN THE QUIET ZONES; AND WITH THE STATE AGENCIES RESPONSIBLE FOR HIGHWAY AND GRADE CROSSING SAFETY TO ESTABLISH A QUIET ZONE FROM BELLEVUE AVENUE TO SAN MIGUEL ROAD, THROUGHOUT THE CITY LIMITS The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.3 REPORT - AMENDMENT TO SANTA ROSA CITY CODE CHAPTER 3-44, PUBLIC WORKS CONTRACT POLICY BACKGROUND: The purpose and intent of these amendments are to: a) enhance City employees’ ability to perform maintenance or repair work; b) formally enact a prevailing wage ordinance governing all City public works contracts, which include requirements that are equal to the requirements imposed by the provisions of the California Prevailing Wage Law; c) clarify the definition of “competitive bidding”; and d) allow progress payments to be made on minor public works contracts. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council introduce an ordinance amending Sections 3-44.020, 3-44.070, and 3-44.080; Repealing Sections 3-44.160 and 3-44.180; and City of Santa Rosa Regular Meeting Minutes Page 10 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 adding Section 3-44.210 Chapter 3-44 of The Santa Rosa City Code. Presented by Tracey Duenas, Supervising Engineer of Transportation and Public Works. A motion was made by Council Member Schwedhelm, seconded by Council Member Combs, to waive reading of the text and introduce: ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA, AMENDING SECTIONS 3-44.020, 3-44.070 AND 3-44.080 OF THE SANTA ROSA CITY CODE; REPEALING SECTIONS 3-44.160 AND 3-44.180 OF THE SANTA ROSA CITY CODE; AND ADDING SECTION 3-44.210 The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.4 REPORT - COURTHOUSE SQUARE REUNIFICATION PROJECT UPDATE AND EXPENDITURE REPORT BACKGROUND: This item will update the Council on the progress of the Courthouse Square Reunification project and provide information regarding expenditures for construction, construction management/inspection, and contingency. Staff is working with the contractor to complete construction of the project as soon as weather and scheduling allows during these winter months. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, accept the Courthouse Square Reunification expenditure report. Presented by Colleen Ferguson, Deputy Director - Capital Projects Engineering. PUBLIC COMMENT Thomas Ells requested more information regarding the completion of the Courthouse Square. A motion was made by Council Member Sawyer, seconded by City of Santa Rosa Regular Meeting Minutes Page 11 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 Council Member Olivares, to approve the Courthouse Square Reunification expenditure report. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.5 REPORT - FOURTH AMENDMENT - DIGITAL GOVERNMENT / OPEN DATA AGREEMENT WITH SOCRATA, INC. (This was continued from the January 10, 2017, Regular Meeting) BACKGROUND: The City utilizes several products and services from Socrata, Inc., key to open data and digital government services. This amendment extends the current agreement by one additional year. In addition, the Council is being asked to ratify all contracts, amendments and Purchase Orders to date. RECOMMENDATION: It is recommended by the Information Technology and Finance Departments that the Council, by motion, (1) ratify all contracts, amendments and Purchase Orders made with Socrata, Inc., Seattle, WA, to date, (2) approve a Fourth Amendment to Agreement Number F001090 with Socrata, Inc., Seattle, WA, to extend the contract for an additional one year, and (3) add additional funding, for a total renewal amount of $114,128.40, and a total cumulative contract amount of $244,797.90. Presented by Eric McHenry, Chief Information Officer. A motion was made by Council Member Combs, seconded by Council Member Sawyer, to approve the following: (1) ratify all contracts, amendments and Purchase Orders made with Socrata, Inc., Seattle, WA, to date, (2) approve a Fourth Amendment to Agreement Number F001090 with Socrata, Inc., Seattle, WA, to extend the contract for an additional one year, and (3) add additional funding, for a total renewal amount of $114,128.40, and a total cumulative contract amount of $244,797.90. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm Mayor Coursey recessed the meeting at 6:53 p.m. and reconvened at 7:23 p.m. City of Santa Rosa Regular Meeting Minutes Page 12 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - DETURK WINERY VILLAGE - THE COUNCIL WILL CONSIDER AN APPEAL OF THE DESIGN REVIEW AND CULTURAL HERITAGE BOARDS’ DECISION TO DENY PRELIMINARY DESIGN REVIEW, AND THE CULTURAL HERITAGE BOARD’S DECISION TO DENY LANDMARK ALTERATION, FOR THE PROPERTIES LOCATED AT 806 DONAHUE STREET AND 8 W. 9TH STREET, FILE NO. PRJ16-012 BACKGROUND: DeTurk Winery Village is a proposal to develop a mixed use development located at 806 Donahue Street and 8 W. 9th Street. The project includes 185 apartments, of which 15 will be designated to very low income occupants, and will retain approximately 20,000 square feet of existing commercial space. On November 3, 2016, the Design Review Board and Cultural Heritage Board acted jointly to deny Preliminary Design Review for the DeTurk Winery Village project with a Design Review Board vote of 4-1-2, and Cultural Heritage Board vote of 5-0-2. At the same meeting, the Cultural Heritage Board acted independently to deny a Landmark Alteration with a vote of 5-0-2. On November 10, 2016, the project applicant, Rick Deringer, submitted an appeal form addressing both entitlement. RECOMMENDATION: It is recommended by the Design Review Board and Cultural Heritage Board that the Council, by resolution, deny the appeal and uphold the Boards’ decision to deny Preliminary Design Review for the DeTurk Winery Village mixed use development. It is further recommended by the Cultural Heritage Board that the Council, by resolution, deny the appeal and uphold the Board’s decision to deny a Landmark Alteration Permit for the DeTurk Winery Village mixed use development. Presented by Clare Hartman, Deputy Director; Bill Rose, Supervising Planner; and Susie Murray, City Planner. City of Santa Rosa Regular Meeting Minutes Page 13 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 Michael Burch, Chair of Design Review Board, provided a brief report in support of granting the appeal and approve preliminary design. Stacey Deshazo, Chair of Cultural Heritage Board, provided a brief report in support of granting the appeal and approve preliminary design with proper documentation as required by local and state law. Richard Deringer, appellant; Kevin O'Malley of O'Malley, Wilson and Westphal; and Susan Clark, M.A., Architectural Historian requested that the Council consider to grant the appeal and approve preliminary design review. PUBLIC HEARING Mayor Coursey opened the public hearing at 8:24 p.m. Tracy Weitzenberg, representing Santa Rosa Chamber of Commerce, spoke in support to grant the appeal. Susan Clark, M.A., Architectural Historian, spoke in support to grant the appeal. Mitch Conner, Principal Architect, Chief Financial Officer at ArchiLOGIX, spoke in support to grant the appeal. Debi Coish spoke in support to grant the appeal; and expressed concerns of parking and traffic. Willard Richards spoke in support to grant the appeal. Teri Shore spoke in support to grant the appeal. Gina Stateler-Calhoun spoke in support to deny the appeal. Josselyn Torres spoke in support to grant the appeal, and requested to define the amount of affordable housing. Courtney Cox spoke in support to grant the appeal, requested to define the amount of affordable housing, and requested the project to be used City of Santa Rosa Regular Meeting Minutes Page 14 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 for the Housing First approach. Rick Theis, former Planning Commissioner, spoke in support to grant the appeal. Thomas Ells spoke in support to grant the appeal. Steve Birdlebough, representing Friends of SMART, Sierra Club, and Accountable Development Coalition spoke in support to the appeal. Seeing no one else wishing to speak, Mayor Coursey closed the public hearing at 8:52 p.m. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text with an amendment to have the final review done by the Director of Planning and Economic Development without the project going back to the Design Review Board and adopt: RESOLUTION NO. RES-2017-013 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING AN APPEAL AND APPROVING PRELIMINARY DESIGN REVIEW FOR DETURK WINERY VILLAGE LOCATED AT 806 DONAHUE STREET AND 8 W. 9TH STREET IN THE WEST END PRESERVATION DISTRICT, ASSESSOR’S PARCEL NUMBERS 010-091-001 AND 010-091-007, FILE NUMBER PRJ16-012 The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-014 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING AN APPEAL AND APPROVING A LANDMARK ALTERATION PERMIT FOR DETURK WINERY VILLAGE LOCATED AT 806 DONAHUE STREET AND 8 W. 9TH STREET IN THE WEST END PRESERVATION DISTRICT, ASSESSOR’S PARCEL NUMBERS 010-091-001 AND 010-091-007, FILE NUMBER PRJ16-012 City of Santa Rosa Regular Meeting Minutes Page 15 of 15 City Council Regular Meeting Minutes - Final January 31, 2017 The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 16. WRITTEN COMMUNICATIONS - NONE. 16.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEE ATTENDANCE REPORT. Provided for information. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Courtney Cox spoke regarding the urgency of assisting the homeless; and the need of restrooms in the Reunification Project of the Old Courthouse Square. 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 Hearing no further business, Mayor Coursey adjourned the meeting at 9:10 p.m. The next regularly scheduled meeting will take place on February 7, 2017, at a time to be set by the Mayor. Approved on: March 7, 2017 /s/ Daisy Gomez City Clerk

Agenda

City Hall City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT JANUARY 31, 2017 2:00 P.M. - CLOSED SESSION (MAYOR'S CONFERENCE ROOM) 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 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. 2:00 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 2 of 10 City Council JANUARY 31, 2017 (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Brian Kestler v. City of Santa Rosa, et al. Court Case No.: USDC Northern District of CA C 15-1361 TEH 2.2 PUBLIC EMPLOYEES - EVALUATION OF PERFORMANCE (Government Code section 54957(b)) Titles: City Manager and Interim City Attorney RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 3. STUDY SESSION - NONE. Study Session items are items for in-depth discussion and possible direction to staff. No action will be taken. 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. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 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 City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 10 City Council JANUARY 31, 2017 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) 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 10.2 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS This time is reserved for Council to discuss whether to place matters on a future agenda for further discussion. 10.2.1 REQUEST FOR AGENDA ITEM TO CONSIDER DECLARING SANTA ROSA AS A SANCTUARY CITY BACKGROUND: At the January 24, 2017, City Council meeting, Mayor Coursey requested a future agenda item to consider a resolution declaring Santa Rosa as a welcoming city, or non-cooperative city, or a sanctuary city, or one of those suggestions. Council Member Olivares concurred. 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS 12.1 RESOLUTION - ROSELAND AREA REZONING, PREZONING AND GENERAL PLAN LAND USE CLERICAL CORRECTIONS RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, 1) by resolution, approve a change in General Plan land use designation for the properties located at 2028 and 2279 W. Hearn Avenue and an unaddressed parcel on W. Hearn Avenue located at Assessor’s Parcel Number 134-001-013, from City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 10 City Council JANUARY 31, 2017 Low Density Residential to Very Low Density Residential, correcting a clerical error in the October 18, 2016 resolution adopting changes to the General Plan as part of the Roseland Area/Sebastopol Road Specific Plan, and 2) introduce two ordinances, one to prezone the W. Hearn Avenue County island to Rural Residential-Rural Heritage (RR-20-RH), and the other to rezone the properties located at 2046 and 2048 W. Hearn Avenue to RR-20-RH, correcting clerical errors in the October 25, 2016 ordinances that rezoned and prezoned parcels within the Specific Plan and Roseland Area Annexation boundaries. Attachments Staff Report Attachment 1 - Location Map Attachment 2 - Council Staff Report, October 18, 2016 Attachment 3 - Council Presentation, October 18, 2016 Attachment 4 - Council Resolution No. 28874 Attachment 5 - Council Ordinance No. 4075 Attachment 6 - Council Ordinance No. 4076 Attachment 7 - Rural Heritage (-RH) Combining District Text Resolution Ordinance - Prezoning Ord Summary - Prezoning Ordinance Rezoning 12.2 RESOLUTION - RESOLUTION AUTHORIZING FILING OF APPLICATON FOR FTA FORMULA PROGRAM AND SURFACE TRANSPORTATION PROGRAMS FUNDING RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, authorize the City Manager or designee to execute and file the annual grant applications under the Federal Transit Administration (FTA) formula program and Surface Transportation Programs for FY 16-17 through FY 19-20. Attachments Staff Report Resolution Presentation 12.3 RESOLUTION - APPROPRIATION OF SUBREGIONAL WASTEWATER FUNDS FOR SUBREGIONAL SYSTEM IMPROVEMENTS (This item City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 10 City Council JANUARY 31, 2017 was continued from the January 24, 2017, Regular Meeting) RECOMMENDATION: It is recommended by the Water Department and the Santa Rosa Subregional Wastewater Technical Advisory Committee that the Council, by resolution, appropriate $1.8 million of reserves in Subregional Wastewater funds for Subregional System improvements. Attachments Staff Report 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 - REQUEST TO SUMMARILY VACATE 2,655 SQUARE-FEET OF A PUBLIC STORM DRAIN EASEMENT LOCATED AT 4015 SKYFARM DRIVE BACKGROUND: The applicant has requested that the City vacate a portion of a public storm drain easement that is no longer necessary due to the final storm drain pipe system design. The 3.03-acre parcel was created as part of a larger subdivision in 1996. In 2005, the Engineering Division approved a revision to the subdivision improvement plans and relocated the 2,665-square-foot open swale. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve a summary vacation of 2,655 square-feet of a public storm drain easement located at 4015 Skyfarm Drive. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 10 City Council JANUARY 31, 2017 Attachments Staff Report Attachment 1 – Disclosure Form Attachment 2 – Location Map Attachment 3 – Project Plans Attachment 4 – Exhibit B Attachment 5 – Map Check Easement Vacation Resolution Exhibit A Presentation 14.2 REPORT - QUIET ZONES - NOTICE OF ESTABLISHMENT BACKGROUND: The Transportation and Public Works Department will provide an update on the status of the Quiet Zone process for Santa Rosa. Staff will recommend submitting a Notice of Establishment to the Federal Railroad Authority, authorizing the City Manager to coordinate with the County of Sonoma and SMART on the implementation date of the Quiet Zone in Santa Rosa from Bellevue Avenue to San Miguel Road. This does not prohibit trains from using their horns in the event of emergencies or in the exercise of discretion by the train operator as deemed necessary. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, authorize the City Manager to file a Notice of Establishment with the Federal Railroad Administration; the railroads that operate within the City of Santa Rosa; and with the State agencies responsible for highway-rail grade crossing safety establishing a 24-hour Quiet Zone through the City of Santa Rosa, from Bellevue Avenue to San Miguel Road, including all grade crossings between these limits. Attachments Staff Report Resolution Presentation 14.3 REPORT - AMENDMENT TO SANTA ROSA CITY CODE CHAPTER 3-44, PUBLIC WORKS CONTRACT POLICY BACKGROUND: The purpose and intent of these amendments are to: a) enhance City employees’ ability to perform maintenance or repair work; b) formally enact a prevailing wage ordinance governing all City public City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 10 City Council JANUARY 31, 2017 works contracts, which include requirements that are equal to the requirements imposed by the provisions of the California Prevailing Wage Law; c) clarify the definition of “competitive bidding”; and d) allow progress payments to be made on minor public works contracts. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council introduce an ordinance amending Sections 3-44.020, 3-44.070, and 3-44.080; Repealing Sections 3-44.160 and 3-44.180; and adding Section 3-44.210 Chapter 3-44 of The Santa Rosa City Code. Attachments Staff Report Attachment 1 - Ordinance - Redlined Version Ordinance Presentation 14.4 REPORT - COURTHOUSE SQUARE REUNIFICATION PROJECT UPDATE AND EXPENDITURE REPORT BACKGROUND: This item will update the Council on the progress of the Courthouse Square Reunification project and provide information regarding expenditures for construction, construction management/inspection, and contingency. Staff is working with the contractor to complete construction of the project as soon as weather and scheduling allows during these winter months. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, accept the Courthouse Square Reunification expenditure report. Attachments Staff Report Presentation 14.5 REPORT - FOURTH AMENDMENT - DIGITAL GOVERNMENT / OPEN DATA AGREEMENT WITH SOCRATA, INC. (This was continued from the January 10, 2017, Regular Meeting) BACKGROUND: The City utilizes several products and services from Socrata, Inc., key to open data and digital government services. This amendment extends the current agreement by one additional year. In addition, the Council is being asked to ratify all contracts, amendments and Purchase Orders to date. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 10 City Council JANUARY 31, 2017 RECOMMENDATION: It is recommended by the Information Technology and Finance Departments that the Council, by motion, (1) ratify all contracts, amendments and Purchase Orders made with Socrata, Inc., Seattle, WA, to date, (2) approve a Fourth Amendment to Agreement Number F001090 with Socrata, Inc., Seattle, WA, to extend the contract for an additional one year, and (3) add additional funding, for a total renewal amount of $114,128.40, and a total cumulative contract amount of $244,797.90. Attachments Staff Report Attachment 1 Attachment 2 Presentation (THE COUNCIL MAY RECESS DURING THE EVENING FOR A 30-MINUTE DINNER BREAK) 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 - DETURK WINERY VILLAGE - THE COUNCIL WILL CONSIDER AN APPEAL OF THE DESIGN REVIEW AND CULTURAL HERITAGE BOARDS’ DECISION TO DENY PRELIMINARY DESIGN REVIEW, AND THE CULTURAL HERITAGE BOARD’S DECISION TO DENY LANDMARK ALTERATION, FOR THE PROPERTIES LOCATED AT 806 DONAHUE STREET AND 8 W. 9TH STREET, FILE NO. PRJ16-012 BACKGROUND: DeTurk Winery Village is a proposal to develop a mixed use development located at 806 Donahue Street and 8 W. 9th Street. The project includes 185 apartments, of which 15 will be designated to very low income occupants, and will retain approximately 20,000 square feet of existing commercial space. On November 3, 2016, the Design Review Board and Cultural Heritage Board acted jointly to deny Preliminary Design Review for the DeTurk Winery Village project with a Design Review Board vote of 4-1-2, and Cultural Heritage Board vote of 5-0-2. At the same meeting, the Cultural Heritage Board acted independently to deny a Landmark Alteration with a vote of 5-0-2. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 10 City Council JANUARY 31, 2017 On November 10, 2016, the project applicant, Rick Deringer, submitted an appeal form addressing both entitlement. RECOMMENDATION: It is recommended by the Design Review Board and Cultural Heritage Board that the Council, by resolution, deny the appeal and uphold the Boards’ decision to deny Preliminary Design Review for the DeTurk Winery Village mixed use development. It is further recommended by the Cultural Heritage Board that the Council, by resolution, deny the appeal and uphold the Board’s decision to deny a Landmark Alteration Permit for the DeTurk Winery Village mixed use development. Attachments Staff Report Attachment 1 - Disclosure Form Attachment 2 - Location & Neighborhood Context Map Attachment 3a - Appeal Application, 11-10-16 Attachment 3b - Appeal Application, 12-02-16 Attachment 4a - Current Plans, dated 10-12-16 Attachment 4b - Current Plans, dated 10-12-16 Attachment 4c - Current Plans, dated 10-12-16 Attachment 4d - Current Plans, dated 10-12-16 Attachment 4e - Current Plans, dated 10-12-16 Attachment 4f - Summary of changes and elevations Attachment 5 - Technical Studies Attachment 6 - CC Minutes, 04-19-16 Attachment 7 - DRB-CHB minutes, 11-05-15 Attachment 8 - CHB-DRB Draft Minutes, 10-06-16 Attachment 9 - CHB-DRB Draft Minutes, 11-03-16 Attachment 10 - Applicant Correspondence Attachment 11 - Public Correspondence, thru 2016 Resolution 1 - Grant Appeal & Approve Preliminary Design Review Resolution 2 - Grant Appeal & Approve Landmark Alteration Exhibit A Resolution 3 - Deny Appeal (Preliminary Design Review) Resolution 4 - Deny Appeal (Landmark Alteraion) Presentation City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 10 City Council JANUARY 31, 2017 16. WRITTEN COMMUNICATIONS - NONE. 16.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEE ATTENDANCE REPORT. Provided for information. Attachments Report 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 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 Office at 543-3015 or cityclerk@srcity.org one week prior to the meeting. TDD 543-3063 Meeting information can also be accessed via the internet at http://srcity.org 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.

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