santarosacc03132007

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March 13, 2007

SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
MARCH 13, 2007

3:30 P.M. (MAYOR’S CONFERENCE ROOM, ROOM 10)

1. CALL TO ORDER AND ROLL CALL

2. STUDY SESSION – NONE

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT TO CLOSED SESSION(S) IN MAYOR’S CONFERENCE ROOM

3.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property:    655 First Street
Agency Negotiator: Josh Maresca, Right-of-Way Agent
Negotiating Parties: James and Deana Ratto
Under Negotiation: Price and terms of payment

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property:    631-637 First Street
Agency Negotiator: Josh Maresca, Right-of-Way Agent
Negotiating Parties: Kelly Carinalli, Keith Carinalli, Kerri Olhiser, Dwight and Kathleen Allen, David and Ellen Cooper, Malcolm Manwell, Susan Amidon, Trustee of the Trust of Susan Amidon
Under Negotiation: Price and terms of payment

3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property:    1550 & 1632 West Avenue
Agency Negotiator: Josh Maresca, Right-of-Way Agent
Negotiating Parties: Edmond and Irene Bayer
Under Negotiation: Price and terms of payment

3.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property:    550 Lewis Road (A.P.N. 180-330-031)
Agency Negotiator: Josh Maresca, Right-of-Way Agent
Negotiating Parties: Robert & Felice B. Gibson Trust
Under Negotiation: Price and terms of payment

3.5 ADJOURN CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN CITY COUNCIL CHAMBERS

4:00 P.M.

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(CITY COUNCIL CHAMBERS)

4.

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ANNOUNCEMENT OF ROLL CALL

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

6 PROCLAMATIONS/PRESENTATIONS

6.1

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PROCLAMATION - NATIONAL WEEK OF THE YOUNG CHILD

6.2

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PRESENTATION -- 2006 AWARD OF EXCELLENCE IN FACILITIES SERVICES

6.3

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PROCLAMATION – AMGEN TOUR OF CALIFORNIA

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 12.

7. STAFF BRIEFINGS

7.1

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AMGEN TOUR OF CALIFORNIA

Staff will provide Council with a brief recap of the Amgen Tour of California professional bicycling race held on February 19th and 20th.
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.

8.

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APPROVAL OF MINUTES – MARCH 6, 2007 REGULAR MEETING MINUTES

9.

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STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

10.

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CONSENT ITEMS

10.1 RESOLUTION – APPLICATION FOR GRANT AND APPROPRIATION OF GRANT FUNDS –CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS

This resolution, recommended by the Department of Recreation and Parks, authorizes the application for a grant in the amount of $12,263 from the California Department of Boating and Waterways to enhance boating safety education and associated equipment and approves an increase in Account No. 3943-41 in the amount of the grant.

10.2 RESOLUTION - AUTHORIZATION OF APPLICATION FOR WORKFORCE HOUSING REWARD PROGRAM GRANT

This resolution, recommended by the Administrative Services Department, authorizes the Assistant City Manager/Director of Administrative Services to submit a Workforce Housing (WFI) Rewards Program grant application to the State Department of Housing and Community Development for the improvement of existing public streets. Based on the building permits issued for low income housing units in Santa Rosa in 2006, it is estimated that the City will receive approximately $1.4 million from the WFH Program in the third year of funding.

10.3 ORDINANCE ADOPTION - COMMERCIAL VEHICLE PROHIBITIONS

This ordinance, introduced at the Council’s March 6 regular meeting, prohibits commercial vehicles from using: Barnes Road from Dennis Lane to Santiago Drive; Brigham Avenue from Maple Avenue to Vallejo Street; Cross Creek Road; Hopper Avenue from Airway Drive to Coffey Lane; and Morgan Street from Carrillo Street to Ridgway Avenue.

10.4 ORDINANCE ADOPTION – ZONING CODE AMENDMENT - CHAPTER 20-24 (INDUSTRIAL ZONING DISTRICTS), TABLE 2-10 (ALLOWED LAND USES AND
PERMIT REQUIREMENTS FOR INDUSTRIAL DISTRICTS)

This ordinance, introduced at the Council’s March 6 regular meeting, amends the Santa Rosa Zoning Code Chapter 20-24 (Industrial Zoning Districts), Table 2-10 (Allowed Land Uses and Permit Requirements for Industrial Districts), to add the following to the list of uses permitted, with the approval of a Conditional Use Permit, in the Business Park (BP) Zoning District: Medical Service: clinic, lab, urgent care; Doctor Office; Health Care Facility; and Bank, Financial Services.
10.5 ORDINANCE ADOPTION - REZONING OF THE PROPERTY AT 1530 FULTON ROAD
This ordinance, introduced at the Council’s March 6 regular meeting, rezones the identified parcel to the R-1-6 District.

11. REPORT ITEMS

11.1

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SELECTION OF ASSOCIATION OF BAY AREA GOVERNMENT’S SPRING GENERAL ASSEMBLY DELEGATE AND ALTERNATE

BACKGROUND: The Association of Bay Area Government's (ABAG’s) Spring General Assembly and Annual Business Meeting take place on Thursday, April 19, 2007. ABAG needs to have the names of each jurisdiction's delegate and alternate. ABAG Bylaws state that "The mayor or member of the governing body of each Member city and the chairperson of the board of supervisors or member of the governing body of each Member county, or their respective alternates, shall be delegates to the General Assembly." After ABAG receives the names of Santa Rosa's delegate and the alternate, ABAG will send them a notice of the General Assembly as well as information about the business meeting and conference registration. If the delegate is not able to attend this meeting, the alternate is expected to attend.

RECOMMENDATION: It is recommended by the City Manager's Office that the Council, by motion, select a delegate and an alternate for the upcoming ABAG Spring General Assembly and Annual Business meeting to be held on Thursday, April 19, 2007.

5:00 P.M.

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PUBLIC HEARING – CITY CODE UPDATE - CHAPTERS 21-01, -04, -05 AND -06 UPDATING IMPACT FEES & ADOPTING ADMINISTRATIVE POLICY

BACKGROUND: The proposed code amendments are intended to provide as much consistency as possible among the three development impact fee ordinances regulating capital facilities fees, southwest area development impact fees and southeast area development impact fees. Most discrepancies have been eliminated, and the layout, wording and application of the three fee regulations are now more uniform. Where needed, language has been updated to reflect updated technical reports and the establishment of funding accounts.

Although definitions derived from General Plan have been used wherever possible, the fee categories in each ordinance remain distinct, because they continue to track the existing annual fee resolutions set with Council approval for each impact fee. Therefore, the present amendments do not change the uses subject to each fee or expected fee revenue.

The amendments expressly state existing City policy that no interest is paid on any amount subject to credit or reimbursement.
Consistent credit and reimbursement procedures are proposed, with details to be set in a new document entitled City of Santa Rosa Credit and Reimbursement Policy. Under this proposed policy, fee credits are awarded throughout the year as is currently the case, while reimbursements are reviewed in the context of the City budget.
New chapter 21-01 provides for two categories of fee deferral. One is for affordable housing projects and the other is for Southwest Area Development Impact Fees, which was previously set forth in chapter 21-05. The new chapter provides fee deferral requirements and procedures.

RECOMMENDATION: It is the recommendation of the Department of Community Development and the City Attorney’s Office that the Council introduce an ordinance amending Title 21 of the Santa Rosa Municipal Code and, by resolution, adopt the Credit and Reimbursement policy.

11.3

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PUBLIC HEARING – REQUEST FOR THE CITY TO APPROVE THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS TO ASSIST ST. JOSEPH HEALTH SYSTEM IN THE FINANCING OF MEDICAL FACILITIES LOCATED AT 1165 MONTGOMERY DRIVE

BACKGROUND: California Statewide Communities Development Authority (CSCDA) has received an application from St. Joseph Health System for the financing and refinancing of six medical facilities throughout California, including Santa Rosa Memorial Hospital. CSCDA is requesting that the City 1) conduct a public hearing as required by the Tax Equity and Fiscal Responsibility Act (TEFRA) in accordance with the Internal Revenue Code, and 2) approve the issuance of tax-exempt revenue obligations in an aggregate principal amount not to exceed $500 million. Approximately $56 million of the proposed tax-exempt debt is expected to be used for the project known as Santa Rosa Memorial Hospital located at 1165 Montgomery Drive. The project will include reimbursement of expenditures for the construction of seismic upgrades to the East Wing, a central plant, and the Heart Institute.This financing is structured so that neither the CSCDA nor the City has financial liability.

RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, authorize the issuance by CSCDA of tax-exempt revenue bonds in an aggregate principal amount not to exceed $500 million, to assist St. Joseph Health System in the financing of the construction and development of the Santa Rosa Memorial Hospital.

11.4

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PUBLIC HEARING – PROPOSED MODIFICATION OF THE CONDITIONAL USE PERMIT FOR THE LIVING PLACE, 2315 FRANKLIN AVENUE

BACKGROUND: This is a proposal to amend the approved Conditional Use Permit for The Living Place, 2315 Franklin Avenue, a clean and sober residence for recovering alcoholics and drug addicts, to, among other things, increase the permitted number of residents, including house parents, from 10 to 12; restrict the number of vehicles residents may have at the premises or within 8 blocks of the property to 9; allow the use of 7 bedrooms; and require completion within 60 days of the installation of a City Code approved interior fire alarm system with ceiling lights. The authorized residents are persons with handicaps/disabilities as defined in the federal Fair Housing Act and Americans with Disabilities Act and come within the reasonable accommodation and other provisions of these laws and several state statutes. The specific application of these laws to The Living Place is in litigation.

RECOMMENDATION: It is recommended by the Department of Community Development and the City Attorney's Office that, following the public hearing, the Council, by resolution, adopt the proposed modifications to the Conditional Use Permit for The Living Place at 2315 Franklin Avenue.

12.

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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.

13. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

14.

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MAYOR'S/COUNCILMEMBERS' REPORTS

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Councilmembers' Reports, second half

15.

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CITY MANAGER'S/CITY ATTORNEY’S REPORTS

16.

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[IF NEEDED] – ANNOUNCEMENT OF ADDITIONAL CLOSED SESSION ITEM(S), ADJOURNMENT TO CLOSED SESSION(S), RECONVENEMENT TO OPEN SESSION, AND ANNOUNCEMENTS, IF ANY

17. ADJOURNMENT OF MEETING