SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
JANUARY 24, 2012

3:00 P.M. (MAYOR’S CONFERENCE ROOM, ROOM 10)

1. CALL TO ORDER AND ROLL CALL

2. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT TO CLOSED SESSION(S) IN MAYOR’S CONFERENCE ROOM (ROOM 10, CITY HALL)

PUBLIC COMMENT ON CLOSED SESSION ITEMS
Prior to adjournment into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session.

2.1 CONFERENCE WITH LABOR NEGOTIATORS

Agency Designated Representatives: Fran Elm, Human Resources Director, Chris Sliz, Employee Relations Manager and Jennifer Phillips, Assistant City Manager.
Employee Organizations: Santa Rosa Firefighters Association - Local 1401 (representing City Employee Unit 2); Operating Engineers Local 3, Maintenance and Utility System Operators (Employee Units 3 and 16); Santa Rosa City Employees Association (Employee Units 4, 6, 7); Santa Rosa Police Officers Association, (Employee Unit 5); Service Employees International Union Local 1021, (Employee Units 8 and 14); Public Safety Management Association (Employee Unit 9); Santa Rosa City Attorneys’ Association (Employee Unit 17), Santa Rosa Management Association (Employee Unit 18).

2.2 CONFERENCE WITH LABOR NEGOTIATOR

Agency Designated Representative: Kathleen Millison, City Manager. Unrepresented Executive Management, Middle Management, and Confidential Employees (Employee Units 10, 11 and 12).

2.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code section 54956.9)

Name of case: Hopper v. Rutter, City of Santa Rosa, et al., Sonoma County Superior Court, Case No. 248082

2.4 ADJOURN CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER

3. STUDY SESSION -- NONE

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4:00 P.M. 1 (CITY COUNCIL CHAMBER)

4. 2 ANNOUNCEMENT OF ROLL CALL

5. 3 REPORT, IF ANY, ON STUDY AND CLOSED SESSION(S)

6. PROCLAMATIONS/PRESENTATIONS

6.1 4 PROCLAMATION -- REDWOOD EMPIRE CHINESE ASSOCIATION NEW YEAR

6.2 5 PROCLAMATION -- INCLUSION COUNCIL'S 10TH ANNIVERSARY

PUBLIC COMMENTS ON AGENDA ITEMS: 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.
PUBLIC COMMENTS ON NON-AGENDA ITEMS: Comments from the public on non-agenda items will be heard under Agenda Item 15.

7. STAFF BRIEFINGS

This time is reserved for City staff to brief 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.

7.1 6 CHERKASSY SISTER CITY STATE OF THE RELATIONSHIP REPORT

The City Manager and Fred Ptucha, President of Sister Cities, will give a State of the Relationship report on Santa Rosa's sister city Cherkassy, Ukraine.

7.2 7 QUARTERLY REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS

Staff will provide an update on Capital Improvement Program (CIP) projects. This is the second quarterly report on CIP projects. The briefing will include project updates, fund transfers and major expenditures, recently completed projects and projects under construction. CIP projects provide the infrastructure that is critical to the economic vitality and quality of life in Santa Rosa.

8. 8 APPROVAL OF MINUTES - January 10, 2012 Regular Meeting and January 10, 2012 Special Meeting

9. MAYOR'S/COUNCILMEMBERS’ REPORTS

9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

9.2 9 MAYOR /COUNCILMEMBERS’ REPORTS

9.3 REPORTS BY MAYOR/COUNCILMEMBERS REGARDING VARIOUS AGENCY MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO ITS REPRESENTATIVES ON PENDING ISSUES BEFORE SUCH BOARDS (IF NEEDED)

• Sonoma County Transportation Authority (SCTA)

• Sonoma County Water Agency (SCWA) - Water Advisory Committee

• Solid Waste Advisory Group (SWAG)

• Association of Bay Area Governments (ABAG)

• Other

9.4 10 APPOINTMENTS TO BOARDS AND COMMISSIONS
Council may vote to make appointments to the following Boards/Commissions:

• Housing Authority (2 Tenant Commissioner Positions)

10. 11 CITY MANAGER'S/CITY ATTORNEY’S REPORTS

11. 12 CONSENT ITEMS

11.1MOTION -- CONTRACT EXTENSION - AGGREGATE PRODUCT

This motion, recommended by the Finance Department, awards Amendment No. 2 to Contract 009008 for a one year contract extension for aggregate product to Canyon Rock Co., Inc., Forestville, CA, with a decrease in contract unit prices, in the amount of $69,567.30 for the one year extension. Funds for this expenditure have been allocated in the FY 2011-12 budget of various charge keys and in the General Fund Inventory Asset Account Key 001100-1301.

11.2RESOLUTION -- APPLICATION AND GRANT AGREEMENT TO THE STATE OF CALIFORNIA RESOURCES AGENCY PROPOSITION 40 GRANT FUNDS FOR THE LOWER COLGAN CREEK RESTORATION PROJECT

This resolution, recommended by the Utilities and Transportation & Public Works Departments, authorizes and approves execution of the application and grant agreement with the State of California Resources Agency, California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, River Parkways Grant Program (Proposition 40) for $1,000,000 in grant funds for the Lower Colgan Creek Restoration Project, appropriate funds from the Grant Agreement into Project Account P54007, and appoints the Director of Public Works as agent to conduct all negotiations, execute and submit all documents and agreements for the necessary completion of the Project.

11.3RESOLUTION -- APPLICATION FOR FEDERAL NEW FREEDOM GRANT FUNDING AND COMMITTING THE NON FEDERAL MATCH AND STATING THE ASSURANCE TO COMPLETE THE PROJECT

This resolution, recommended by the Transportation and Public Works Department, authorizes the Transit Division to file an application for federal New Freedom Grant funds to implement the Sonoma Access Mobility Management project to:

1. Authorize the filing of an application for $186,433 in funding for the Sonoma Access program under the federal Section 5317 New Freedom Grant Program.

2. Authorize the Director of Transportation and Public Works or designee to take any actions necessary for this application and the acceptance of these funds.

3. Authorize the Chief Financial Officer to increase appropriations in JL Key 45136 by $233,041 and revenues in Account 4338 by $186,433 and transfer of TDA Article IV funding from revenue key 1650-4422 to revenue key 1651-4409 in the amount of $46,608. The revenue account for deposit of grant funds shall be 1651-4338.

11.4RESOLUTION - REPEAL OF THE SEPARATE SANTA ROSA CITY PARKS PICNIC RESERVATION FEES FOR NON-RESIDENTS

This resolution, recommended by Recreation, Parks & Community Services, eliminates the non-resident fees for Santa Rosa City Parks picnic reservations to strengthen efficiencies, streamline fee structures, and to promote use of facilities to non-Santa Rosa residents.

11.5RESOLUTION -- SECOND AMENDMENT TO AGREEMENT WITH LITTLER MENDELSON, P.C. FOR LEGAL SERVICES

This resolution, recommended by the City Attorney's Office, approves an amendment to increase total compensation to the Agreement with Littler Mendelson, P.C. for continued legal services related to a Police employment litigation for up to an additional $100,000, in a total amount not to exceed $300,000 from GL 320308-5320.

11.6 ORDINANCE ADOPTION -PROHIBITION OF CAMPING ON PUBLIC PROPERTY

This ordinance, introduced at the December 13, 2011, Regular Meeting prohibits camping on public property.

(THE COUNCIL MAY RECESS DURING THE EVENING FOR 30 MINUTES FOR A DINNER BREAK)

12. REPORT ITEMS

12.1 13 REPORT -- COMPREHENSIVE ANNUAL FINANCIAL REPORT, AND REPORT TO COUNCIL FOR FISCAL YEAR ENDED JUNE 30, 2011

BACKGROUND: The financial records of the City of Santa Rosa are subject to an annual independent audit. The audit is a comprehensive review of the financial records of the City and the internal control procedures in place which safeguard the City’s assets. The audit also looks at the City’s compliance with generally accepted accounting principles, with the various requirements and standards. The Independent Auditor’s Report contained in the CAFR indicates that the financial statements present fairly both the financial position of the City as of June 30, 2011, and the financial activity for the year then ended.

RECOMMENDATION: It is recommended by the Finance Department that the Council, by motion, accept the Comprehensive Annual Financial Report with the Report to Council for fiscal year end June 30, 2011.

12.2 14 REPORT -- BID AWARD PHASE II - FINLEY COMMUNITY CENTER SENIOR WING

BACKGROUND: An Invitation for Bids was advertised on November 11, 2011 for the second phase of construction at the Finley Community Center Senior Wing. Bids were opened on December 14, 2011, with the lowest responsive and responsible bidder being A.E. Nelson of Rohnert Park, California. This phase of the project consists of first floor improvements including a lobby with seating area and café, an auditorium to accommodate 250 people, multi-purpose rooms, meeting rooms, computer room, staff office space, arts and crafts room, reading room, catering kitchen, art gallery and restrooms.

RECOMMENDATION: It is recommended by the Recreation, Parks & Community Services Department that the City Council, by resolution, 1) award Contract Number C01683 Finley Senior Wing Phase II - to A.E. Nelson of Rohnert Park in the amount of $2,135,000 and authorize a 10% construction contingency fund of $213,500, for a total contract not to exceed $2,348,500 with the source of funds being JL Key 09633 - New Senior Center; 2) accept a one-time donation of $1,600,000 from Seniors, Inc. donated by the Finley Foundation and Henry Trione; 3) direct the Chief Financial Officer to appropriate the funding into JL Key 09633; and 4) authorize the Chief Financial Officer to transfer $250,000 in park development fees from JL Key 09578 - A Place to Play to JL Key 09633 - New Senior Center for the project.

12.3 15 REPORT -- PROHIBITION OF ABUSE OF DISABLED PERSON PARKING PLACARD AND ADOPTION OF FINE

BACKGROUND: AB 144 authorizes the City to adopt increased fines and penalties for various disabled parking violations. AB 144 expands the authority and authorizes parking enforcement officers to issue parking citations for the misuse of a special license plate or placard, the use of a counterfeit, forged, altered or mutilated placard or special license plate, and the use of a valid license plate or placard when it is displayed on a vehicle that is not being used to transport, and is not in the reasonably proximity of the person to whom the special license plate or placard was issued. Parking Enforcement is the only effective mechanism currently available to jurisdictions in the effort to curtail abuse of disabled parking privileges. AB 144 authorizes a civil penalty of not less than $250 and not more than $1,000 for misuse of a disabled placard or license plate.

RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that Council, by resolution, prohibit the parking of vehicles displaying a distinguishing placard or special license plate when the placard or plate is being misused as defined by California Vehicle Code (CVC) § 22511.57 and adopt a revised Schedule of Parking Fines and Penalties to establish a $750 fine for violation of CVC § 22511.57, pertaining to abuse of disabled person plates or placards.

12.4 16 REPORT -- NON-EXCLUSIVE REVOCABLE LICENSE AGREEMENT WITH SONOMA COUNTY MUSEUM - 520 THIRD STREET

BACKGROUND: On June 29, 2010, Council and the Redevelopment Agency approved a Disposition and Development Agreement between the Agency and Museum on the Square, LLC for the redevelopment of the former AT&T site, located at 520 Third Street (DDA). The project approved by the DDA includes, in part, Sonoma County Museum (SCM) on the ground floor. SCM has requested that the City provide long-term assurances that the City would allow limited closure of one lane of east-bound Third Street traffic in front of the site for the purposes of loading and unloading museum exhibits. A long-term agreement will facilitate the redevelopment of the site into the mixed-use Museum on the Square Project, transforming a long-vacant concrete building into a modern, architecturally-sophisticated building with largely glass façades (north and south elevations) and a mix of uses including the museum, restaurant, offices and downtown housing. The project is expected to create hundreds of jobs and generate tens of millions of dollars of local economic activity annually.

RECOMMENDATION: It is recommended by the Departments of Economic Development and Housing and Transportation and Public Works that the Council, by resolution, approve a limited, long-term, non-exclusive revocable license agreement with the Sonoma County Museum for the purpose of closing one Third Street traffic lane within certain parameters to load and unload museum exhibits at 520 Third Street.

12.5 17 REPORT -- SELECTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ROSA TO RETAIN AFFORDABLE HOUSING ASSETS OF AND TO PERFORM FUNCTIONS PERFORMED BY THE REDEVELOPMENT AGENCY

BACKGROUND: As part of the 2011-12 State budget bill, the California Legislature enacted, and the Governor signed, companion bills requiring that each redevelopment agency be dissolved (AB 1X 26) unless the community that created it enacted an ordinance committing it to making certain payments (AB 1X 27).

A Petition for Writ of Mandate was filed in the Supreme Court of the State of California on July 18, 2011 challenging the constitutionality of both bills on behalf of cities, counties and redevelopment agencies. On December 29, 2011, the Supreme Court issued its final decision in the litigation, upholding AB 1X 26, invalidating AB 1X 27 and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012.

AB 1X 26 provides that the city that authorized the creation of a redevelopment agency may (1) elect to retain the housing assets and perform the functions previously performed by the redevelopment agency; (2) allow those assets and functions to be transferred to a housing authority, if only one provides affordable housing services within the territorial jurisdiction of the dissolved redevelopment agency; or (3) select a housing authority to which to transfer the assets and functions, if there is more than one housing authority in the territorial jurisdiction of the dissolved redevelopment agency.

RECOMMENDATION: It is recommended by the Department of Economic Development and Housing, that the Council, by resolution, select the Housing Authority of the City of Santa Rosa to retain the assets of and to perform the functions previously performed by the Redevelopment Agency, once it is dissolved.

5:00 P.M.

12.6 18 PUBLIC HEARING -- SONOMA HIGHWAY AT CALISTOGA ROAD REZONING ORDINANCE

BACKGROUND: On December 8, 2011 the Planning Commission adopted a resolution (6-0) recommending rezoning of 5.14 acres located at 5173 and 5171 Sonoma Highway. The rezoning would change the zoning of the site from Planned Development (PD) 97 to the General Commercial (CG) zoning district, consistent with the sites General Plan designation of Retail and Business Services. This project was initiated by the Council on August 30, 2011 as a part of the Economic Development Rezoning Program.

RECOMMENDATION: It is recommended by the Department of Community Development and the Planning Commission, that the Council introduce an ordinance rezoning 5173 and 5171 Sonoma Highway to the General Commercial zoning district.

12.7 19 PUBLIC HEARING - FY 2012/13 BUDGET PRIORITIES

BACKGROUND: The City Charter, Section 28(a), provides that the City Council hold a public hearing each year for the purpose of soliciting oral and written comments on budget priorities for the next fiscal year. This hearing has been noticed and scheduled in order to receive the public's input and to comply with the requirements of the Charter. The budget year to be addressed in this hearing is the 2012/13 fiscal year.

RECOMMENDATION: The City Council should consider written and oral comments presented at the public hearing for future budget deliberations. No action is necessary.

13. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

13.1 20 MINOR CONTRACT AWARD - SANTA ROSA PUBLIC WORKS ON-CALL STREET, SIDEWALK AND DRAINAGE REPAIR AND INSTALLATION

13.2 21 LETTERS OF INTEREST RECEIVED FOR APPOINTMENT BY THE MAYORS’ AND COUNCILMEMBERS’ ASSOCIATION CITY SELECTION COMMITTEE TO THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION (BCDC) AND THE REMOTE ACCESS NETWORK (RAN) BOARD

13.3 22 QUARTERLY CAPITAL IMPROVEMENT PROGRAM PROJECTS UPDATE: OCTOBER - DECEMBER 2011

13.4 23 LETTER FOR APPOINTMENT FOR A COUNCIL REPRESENTATIVE TO THE HEALTH ACTION COMMITTEE

13.5 24 LETTER REGARDING SB 659 AND LOSS OF COMMUNITY SERVICES DUE TO THE ELIMINATION OF THE CITY OF SANTA ROSA’S REDEVELOPMENT AGENCY

14. 25 [IF NEEDED] - ANNOUNCEMENT OF ADDITIONAL CLOSED SESSION ITEM(S), ADJOURNMENT TO CLOSED SESSION(S), RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS, IF ANY

15. 26 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 is allowed three minutes. To address the Council you are requested to complete the yellow Speaker’s 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 Manager directly by emailing your information to CMOffice@srcity.org or by telephoning the Council and City Manager’s Office at 707-543-3010.

16. 27 ADJOURNMENT OF MEETING

*Did not appear on the preliminary agenda.
**Quasi-judicial or adjudicative action.

UPCOMING MEETINGS

January 31 NO COUNCIL MEETING

February 7 NO COUNCIL MEETING

February 14

Interviews for Boards/Commission:
Sonoma County Library Commission
Waterways Advisory Committee
Study Session - Mid Year Financial Update
Presentation - Southeast Greenway Concept Plan
Staff Briefing - Fact Finding Legislation Update
Report - Establish Project for Capital Improvements to PEG
Channel Facilities and Infrastructure
Report - Council 2nd Quarter Goals Update
Report - North Station Area Specific Plan Water Supply
Assessment
Report - Update on Humboldt Bicycle Boulevard

February 21

Study Session - Joint City Council/Community Advisory
Board

February 28

Study Session - Joint City Council/Board of Community
Services - Sustainable Funding for Recreation, Parks,
and Community Services
Staff Briefing - IFAS Implementation
Report - Oakmont Wastewater Treatment Plant Interim
Operation Settlement Agreement
Report -- Amendment to the City Classification and Salary Plan to
Create the Classification of Gang Prevention Intervention Services
Manager

PENDING

Study Session - Joint City Council / Board of Public Utilities -
Water Supply Planning
Study Session - Update on Community Policing
Staff Briefing - Teen Council Member Allison Berk - Youth
Conference
Report - Revised Street Light Design Standards
Report - Community Media Center Services Agreement
Report - Community Improvement Grant Program
Report - Economic Competitiveness Task Force Update on the Go
Local Business Program

MEETINGS FOR THE WEEKS OF JANUARY 23 and JANUARY 30, 2012

January 23 - Housing Authority/Redevelopment Agency, 1:30 p.m. - City Hall - Council
Chamber, 100 Santa Rosa Avenue

January 25 - Board of Community Services (CANCELLED), 4:00 p.m. - Finley Community Center, 2060 College Avenue

January 25 - Community Advisory Board, 5:30 p.m. - Finley Community Center, Manzanita Room, 2060 College Avenue

February 1 - Cultural Heritage Board, 2:30 p.m. - City Hall, Room 7, 100 Santa Rosa Avenue

February 2 - Board of Public Utilities, 1:30 p.m. - City Hall - Council Chamber, 100 Santa Rosa Avenue

February 2 - Charter Review Committee, 5:00 p.m. - Utilities Field Operations Building, 35 Stony Point Road


Accessibility Information 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 one week prior to the meeting. TDD 543-3063

Meeting information can also be accessed via the internet at http://srcity.org .