SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
MAY 17, 2011

2:00 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).
Unrepresented Executive Management, Middle Management, and Confidential Employees (Employee Units 10, 11 and 12).

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

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2:30 P.M. 1 (CITY COUNCIL CHAMBER)

3. STUDY SESSION

3.1 2 PARKING DISTRICT AND POLICY OVERVIEW

The City of Santa Rosa formed a parking district (the "Central Parking Service Facilities District") in the early 1950’s for the purpose of providing off-street parking spaces within the downtown area. Staff will provide an overview of the Parking District, including how parking interrelates with economic development in the downtown. This item will discuss the history of the Parking District, provide information regarding parking policies, and allow the Council to discuss and provide direction regarding the future direction of the City’s Parking District.
Background reports and materials are available for review on the City’s web site. Please click the link below to view the Study Session materials.
http://ci.santa-rosa.ca.us/departments/Parking/Pages/ParkingOverview.aspx

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

4. 3 ANNOUNCEMENT OF ROLL CALL

5. 4 REPORT, IF ANY, ON STUDY AND CLOSED SESSION(S)

6. PROCLAMATIONS/PRESENTATIONS

6.1 5 PROCLAMATION - SANTA ROSA COMMUNITY HEALTH CENTERS 15TH ANNIVERSARY

6.2 6 PROCLAMATION - SMALL BUSINESS WEEK

6.3 7 PROCLAMATION - ROSE PARADE HONORS

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 14.

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 8 WATER-USE EFFICIENCY POSTER CONTEST AWARDS

Staff will give a brief overview of the Water-Use Efficiency Poster Contest followed by the Water-Use Efficiency Poster Contest awards presentation to the winning 3rd and 4th grade students.

7.2 9 NXLEVEL® ENTREPRENEUR COURSE

This briefing will provide an overview of the NxLeveL® Entrepreneur Course, an intensive, 12-session business development program designed to help entrepreneurs advance their skills in growing and managing their business. The course is offered through the Small Business Development Center at Santa Rosa Junior College and is an integral program to support both Santa Rosa and Sonoma County entrepreneurs in competing successfully in today's economy.

8. 10 APPROVAL OF MINUTES - May 3, 2011, Regular Meeting Minutes

9A. MAYOR'S/COUNCILMEMBERS’ REPORTS

1. 11 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

2. 12 MAYOR /COUNCILMEMBERS’ REPORTS

3. REPORTS BY MAYOR/COUNCILMEMBERS REGARDING VARIOUS AGENCY MEETINGS ATTENDED (IF NEEDED)

• Sonoma County Transportation Authority (SCTA)

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

• Solid Waste Advisory Group (SWAG)

• Other

9B. 13 CITY MANAGER'S/CITY ATTORNEY’S REPORTS

10. 14 CONSENT ITEMS

10.1RESOLUTION - WAIVER OF BIDS, SOLE SOURCE CONTRACT AWARD - PARKING ACCESS AND REVENUE CONTROL SYSTEM UPGRADE

The resolution, recommended by Finance and Economic Development and Housing Departments, waives competitive bidding and authorizes a sole source contract for a parking access and revenue control system upgrade to Scheidt & Bachmann USA, Inc., Burlington, MA, in an amount not to exceed $322,407. Funding for this capital purchase is allocated in the Economic Development and Housing Department, Parking Division Project Key 45021-Garage Equipment Upgrade/Replacement.

10.2RESOLUTION - APPROPRIATION OF ACCRUED INTEREST OF PROPOSITION 42 FUNDS FOR WEST COLLEGE AVENUE AND SUMMERFIELD ROAD OVERLAY PROJECT

This Resolution, recommended by the Department of Public Works, appropriates $45,000 in Proposition 42 funds to Account No. 17434 - 2009 Economic Stimulus Overlay at Various Locations - West College Avenue and Summerfield Road.

10.3RESOLUTION - ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 1618 EDGEWOOD LANE

This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $21,864.61 against the property located at 1618 Edgewood Lane for violations of the City Code that remain uncorrected by the responsible party, Paul E. Bauer, and authorizes recording of a lien and placing the assessment on the property tax roll for collection.

10.4RESOLUTION - SUPPORTING THE INSTALLATION OF A MURAL ON THE 9TH STREET UNDERCROSSING HWY. 101 AND ASSUMING RESPONSIBILITY FOR ITS MAINTENANCE AND UPKEEP

This resolution, recommended by the Recreation, Parks & Community Services Department and the Art in Public Places Committee, supports the installation of a mural on the 9th Street undercrossing of Hwy. 101 and assumes responsibility for its maintenance and upkeep.

11. REPORT ITEMS

11.1 15 REPORT -- ESTABLISHING A NEW LETTER OF CREDIT AND APPOINTING A NEW REMARKETING AGENT FOR THE CITY OF SANTA ROSA PENSION OBLIGATION REFUNDING BONDS SERIES 2003A

BACKGROUND: On January 21, 2003, the City Council authorized the issuance of Variable Rate Pension Obligation Bonds (POBs). The Variable Rate POBs required an irrevocable Letter of Credit (LOC) in order to be marketed as a high quality short term investment. The City secured a LOC from Helaba bank. In March 2011, Helaba informed the City it would not renew its LOC on July 11, 2011. The first option is to continue with the variable rate financing program by accepting a LOC issued by Wells Fargo Bank. The annual LOC cost is $132,000. The City also received three remarketing agent proposals and JP Morgan Securities was chosen based on performance in the market place. The second option is to replace the POBs with a three year fixed rate note at a higher annual interest rate of 3.5%, resulting in an increased annual cost of $310,000. The positive fiscal impact of replacing the LOC with Wells Fargo Bank is the ability to market the POBs at a lower variable rate which will result in savings to the City.

RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve and authorize: (1) the substitution of a Letter of Credit for the City's 2003 Variable Rate Pension Obligation Bonds, (2) a Reimbursement Agreement, (3) a First Supplemental Indenture of Trust, (4) a Remarketing Agreement, (5) a Reoffering Circular, and (6) the planned $1,850,000 payoff of principal from the 2003 Pension Obligation Bonds Fund to facilitate this transaction and Approving and Authorizing Related Documents and Actions with respect thereto.

11.2 16 RESOLUTION - AIRFIELD PARK MITIGATION SITE CONSERVATION EASEMENT AND MAINTENANCE ENDOWMENT
(The attachment to the staff report is too large to post as one document so it has been split into four attachments below)

Staff Report Attachment 1
Staff Report Attachment 2
Staff Report Attachment 3
Staff Report Attachment 4

BACKGROUND: The Fresno Avenue Migration Corridor Preserve is required mitigation for the Airfield Park project which would construct a neighborhood park on a 3.02 acre site. CDFG requires a conservation easement and maintenance endowment to ensure the preserve is retained forever in its natural condition and to prevent any use of the property that will impair or interfere with the conservation values of the property. A Long-Term Land Management Funding Recipient Agreement has been prepared for execution by the California Department of Fish and Game (CDFG), the National Fish and Wildlife Foundation (NFWF) and the City of Santa Rosa under which the City would perform land management activities using endowment funds held by the NFWF.

RECOMMENDATION: It is recommended by the Public Works and Recreation, Parks and Community Services Departments that the Council, by resolution, authorizes department directors to grant a conservation easement to the California Department of Fish and Game on Assessor’s Parcel Number 035-830-034, execute the recipient agreement and fund a maintenance endowment with the National Fish and Wildlife Foundation in the amount of $195,186 of park development fees from Airfield Park account number 9601 to mitigate for California tiger salamander impacts from the construction of Airfield Park.

11.3 17 REPORT - PROPOSITION 42 MAINTENANCE OF EFFORT

BACKGROUND: In Fiscal Year 2009-10 the City of Santa Rosa received $1,475,796 in Proposition 42 funds. In any year that Proposition 42 funds are received, the City must expend at least $7,470,398 out of the General Fund for street or road purposes. If the General Fund expenditures fall short of this maintenance of effort requirement, the shortfall may be made up the following year. By taking credit for Utility Impact Fee funding of pavement maintenance through fund transfers, the City can retain the Proposition 42 funds with no additional expenditure of general funds.

RECOMMENDATION: It is recommended by the Public Works and Finance Departments that the City Council, by resolution, authorize the Chief Financial Officer to take the following actions to retain $1,475,796 in Proposition 42 funds: 1) transfer $3,800,000 of Utility Impact Fee funds to the General Fund, 2) place $1,882,000 of these funds in the Public Works Operations and Maintenance budget, 3) appropriate and allocate the remaining $1,918,000 to the following capital improvement projects: Account 17429 - Pavement Rehab Project - Mission & Range ($1,593,000), Account 17103 - 6th Street Undercrossing ($175,000), Account 17014 - Slurry Seal Selected Streets ($150,000) and 4) transfer $1,882,000 of Gas Tax funds from the Public Works Operations and Maintenance budget into Account 17450 - Contract Pavement Preventative Maintenance.

11.4 18 REPORT - APPEAL OF PUBLIC CONVENIENCE OR NECESSITY (PCN) DETERMINATION FOR THE "OFF SALE" ALCOHOL LICENSE FOR BEER AND WINE FOR TOWER MARKET #5

BACKGROUND: On October 5, 2010, a PCN application was filed by Tower Energy Group for an "off sale" alcohol license for beer and wine sales at a new proposed gas station.
On February 16, 2011, the Director of Community Development determined the PCN for beer and wine sales would not be served based on the fact that the proposed location is in close proximity to Montgomery High School and the Orenda Center transitional housing site as discussed in the previous Council denial of appeal.
On February 28, 2011, the applicant filed an appeal of the Director's determination that the PCN would not be served by the "off sale" alcohol license for beer and wine sales.

RECOMMENDATION: It is recommended by the department of Community Development that the Council, by resolution, uphold the Director's determination that the Public Convenience or Necessity would not be served by the issuance of a PCN for the "off sale" alcohol license for beer and wine for Tower Market #5 located at 1300 Farmers Lane.

11.5 19 REPORT - 1135 SOUTH A STREET VACATION OF RIGHT OF WAY

BACKGROUND: On March 3, 2011, the project proponents filed an application requesting the Vacation of approximately 27,000 square feet of public right-of-way located in the vicinity of 1135 South A Street. The purpose of the Right-of-Way Vacation is to accommodate a future KIA Auto Dealership. The area of the right-of-way to be vacated would provide the dealership with more presence along Santa Rosa Avenue, and would be used for vehicle display.

RECOMMENDATION: It is recommended by the Department of Community Development that the Council adopt a Resolution of Intention to Consider Vacation of Public Right-of-Way for approximately 27,000 square feet of public right-of-way in the vicinity of 1135 South A Street.

11.6 20 REPORT - CALEPA ELECTRONIC REPORTING GRANT APPLICATION

BACKGROUND: Assembly Bill 2286 (statutes 2008) went into effect January 1, 2009. The bill requires all local government agencies (Certified Unified Program Agencies (CUPAs)), administering the Unified Program (hazardous materials, hazardous waste, underground storage tank, aboveground storage tank, and California Accidental Release programs) and businesses regulated under the Unified Program to begin reporting information electronically by January 1, 2013 to CalEPA. Santa Rosa Fire Department was granted CUPA status in 2001 and has made substantial progress in the California Environmental Reporting System (CERS) implementation by requiring hazardous materials businesses to report electronically since 2009.
All regulated businesses and CUPAs in the state of California must transition from a paper-based reporting system to electronic reporting as mandated by AB 2286 by January 1, 2013. An increase in the State’s surcharge to support electronic reporting was established at $25 per business per year for three years. Based on the amount generated by the surcharge, 75% of this amount is available to CUPAs for grants to implement electronic reporting. The allocation amount for Santa Rosa was set by Cal/EPA at $52,304. The City of Santa Rosa needs to apply for a grant to receive these monies. No matching funds are required as a condition of the grant.

RECOMMENDATION: It is recommended by the Fire Department that the City Council, by resolution, direct staff to submit an application for a $52,304 grant to CalEPA for implementation of the state mandated electronic reporting system over a three year term with no matching fund requirement; and upon receipt of the grant, the Council authorizes the Fire Chief to act as the signing authority for contracts and payments related to the grant; and authorizes the Chief Financial Officer to create a project account entitled "CERS Grant Program" and to fund the project account by $22,309, the remainder of the grant award to be used for future expenditures.

12. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

12.1 21 WIRELESS TAX FAIRNESS ACT OF 2011 - OPPOSITION LETTERS

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

14. 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.

15. ADJOURNMENT OF MEETING

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

UPCOMING MEETINGS

May 24

Study Session - LAFCO Island Annexation
Staff Briefing - Water-Use Efficiency Citizen and Business
Awards
Report - Review of the Community Involvement Strategy for
the North Santa Rosa Station Area Specific Plan
Report - Sustainable Communities Strategy Update: Initial
Vision Scenario
Report - Fir Ridge: Letter Requesting 10th Amendment to
Holding Agreement
Report - License Agreement for Tex Wasabi

May 31 NO COUNCIL MEETING

June 7

Study Session - Transit System-wide Evaluation
Report - Santa Rosa Tourism Business Improvement Area
Annual Report
Report - Utility Certificates for Oakmont Trunk Sewer Relocation

June 14, 15, 16

Public Hearing - Adoption of Urban Water Management Plan
Public Hearings - Budget Hearings

June 21 NO COUNCIL MEETING

June 28

Study Session - Pension Reform Task Force Report
Report - Museum on the Square Easement
Report - Community Media Center Agreement
Public Hearing - Taxi Cab Regulations Ordinance

PENDING

Report - Highway 101 Bicycle and Pedestrian Bridge
Project Initiation Document (PID) Regional Measure 2
Safe Routes to Transit Funding Agreement
Report - Mutual Consent to Parking Charges - Santa Rosa Plaza
Report - South Park Sanitation District Dissolution Agreement
Extension

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 543-3016 one week prior to the meeting. TDD 543-3063
Meeting information can also be accessed via the internet athttp://srcity.org .