SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
MAY 24, 2011

1:45 P.M. (MAYOR’S CONFERENCE ROOM, ROOM 10)

1. CALL TO ORDER AND ROLL CALL

2. INTERVIEW FOR PERSONNEL BOARD - ONE APPLICANT (1 Appointment)

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

2:00 P.M. (MAYOR’S CONFERENCE ROOM)

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.

3.1 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).

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

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2:30 1 (CITY COUNCIL CHAMBER)

4. STUDY SESSION

4.1 2 LOCAL AGENCY FORMATION COMMISSION - LAFCO

A study session has been scheduled to receive general information about the Local Agency Formation Commission (LAFCO) and to receive a status report regarding in-process and upcoming work tasks, including, the Sphere of Influence update, the Municipal Service Review and the annexation of county islands.

4.2 3 REVIEW OF FY2011/12 BUDGET PROPOSAL AND ALTERNATIVE MEASURE O FUNDING

On April 19, 2011 and May 3, 2001 (and continued on May 5, 2011), the City Council reviewed proposals for the 2011/12 fiscal year budget. This study session is a follow-up to those deliberations, and will include a summary of the proposed O&M and CIP budgets, as well as alternate options to meet City Council goals. Staff will present an updated list of General Fund proposed budget reductions and revenue proposals based on feedback received during the prior sessions. In addition, staff will outline in more detail the City Manager’s recommendations for funding $750,000 in budget additions to the Police Department budget, which will bring the Police Department closer to the required baseline funding level for 2011/12 as specified by the Measure O ordinance.

Council may ask questions of staff and give direction.

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

5. ANNOUNCEMENT OF ROLL CALL

6. 4 REPORT, IF ANY, ON STUDY AND CLOSED SESSION(S)

7. PROCLAMATIONS/PRESENTATIONS

7.1 5 PROCLAMATION - NATIONAL POLICE WEEK

7.2 6 PROCLAMATION - THANKING JIM RATTO FROM LUTHER BURBANK HOME & GARDEN

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.

8. 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.

8.1 7 WATER AWARENESS MONTH / WATER-USE EFFICIENCY AWARDS

9. 8 APPROVAL OF MINUTES - May 5, 2011 (Continued Regular Meeting from May 3, 2011)

10A. MAYOR'S/COUNCILMEMBERS’ REPORTS

1. 9 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

2. 10 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

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

11. 12 CONSENT ITEMS

11.1RESOLUTION - ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 140 WEST 6TH STREET

This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $26,037.00 against the property located at 140 West 6th Street for violations of the City Code that remain uncorrected by the responsible party, Mary Louise Dalley, and authorizes recording of a lien and placing the assessment on the property tax roll for collection.

11.2RESOLUTION - ACCEPTANCE OF FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA)

This resolution, recommended by the Police Department, authorizes acceptance of funds from the DEA to be used for overtime for officers and the sergeant in the Narcotics Section for specified drug enforcement activities.

11.3RESOLUTION - APPROPRIATION OF FUNDS FOR THE PURCHASE OF POLICE MOTORCYCLES

This resolution, recommended by the Police Department, authorizes and approves, by resolution the appropriation of funds in the amount of $14,065.87 to key 95817 in the Police Department's budget the source of funds is from the sale of used motorcycles.

11.4 RESOLUTION - DETERMINING THAT THE PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF AN "OFF SALE" ALCOHOL LICENSE FOR BEER AND WINE AT TOWER MARKET #5 AT 1300 FARMERS LANE-PCN10-007

This resolution reflects the Council’s decision at the May 17, 2011, Regular Meeting which upheld the appeal and grants the issuance of an "off sale" alcohol license for beer and wine at Tower Market #5 at 1300 Farmers Lane-PCN10-007.

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

12. REPORT ITEMS

12.1 13 REPORT -- REQUEST BY THE SANTA ROSA CITY SCHOOL DISTRICT TO AMEND THE FIR RIDGE HOLDING AGREEMENT TO EXTEND THE DEADLINE TO JUNE 30, 2013 FOR THE DISTRICT TO BEGIN CONSTRUCTION OF AFFORDABLE HOUSING ON FIR RIDGE DRIVE (APN 173-620-030)

BACKGROUND: When the Fir Ridge North at Fountaingrove Subdivision was approved in 1987, one condition of its development was the dedication of a six-acre site for use as either an elementary school or for the development of affordable housing. In 1988, a Holding Agreement for the site was entered into by the City and the developer. The Santa Rosa City School District (District) subsequently acquired the developer’s interest in the site and became a party to the Agreement. Pursuant to the timelines built into the Holding Agreement as amended, the District has elected to build affordable housing for District employees of low and/or moderate income. The District has requested a two-year extension of the Holding Agreement’s current expiration date of June 30, 2011 to allow time for the District to pursue an independent development agreement with the City for the Fir Ridge affordable housing project. The Holding Agreement contains a reversion clause providing that ownership of the site would transfer to the City for purposes of affordable housing if the requirements of the timeline are not met.

RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the Council, by resolution, approve the Santa Rosa School District's request to extend the deadline from June 30, 2011 to June 30, 2013 for the District to begin construction of affordable housing for District employees of low and/or moderate income on the Fir Ridge School District site, and authorize execution of a Tenth Amendment to the Fir Ridge Holding Agreement.

12.2 14 REPORT - LICENSE AGREEMENT - TEX WASABI’S

BACKGROUND: Community Development received a letter from Guy Fieri, dated March 28, 2011, requesting a license agreement with the City to satisfy conditions of approval to construct a smoker enclosure and garbage service court at the back of Tex Wasabi’s restaurant, located at 513 Fourth Street. The conditions require a ten (10) foot setback adjacent to the smoker enclosure to meet building code requirements. The proposed ten foot setback is located on property owned by the City, known as City Parking Lot #11, at Fifth and B Streets. City shall continue to enjoy all rights incident to its ownership of the City Property, including, without limitation, the right to enter, and operate and maintain public walkways and parking stalls on the City Property. However, during the term of this agreement, the City would be precluded from constructing any improvements within the designated ten foot setback. Staff has worked with the City Attorney’s Office to develop a Revocable Non-Exclusive License Agreement which details the terms and conditions under which the City is willing to grant the requested license.

RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the Council, by resolution, approve the License Agreement between the City of Santa Rosa and Johnny Garlic’s Inc., and authorize the City Manager or designee to execute the Agreement and approve and execute any amendments to the Agreement, subject to approval of the City Attorney.

12.3 15 REPORT - APPROVAL OF AMENDMENTS TO MASTER PROFESSIONAL SERVICES AGREEMENTS; APPROVAL OF ASSIGNMENTS OF AGREEMENTS

BACKGROUND: Engineering staff routinely hire consultants when specialized expertise or additional engineering capacity is needed. Time is saved by prequalifying consultants for future work and establishing the legal framework for utilizing consultant services. Funds are only encumbered when project-specific Project Work Orders are issued. Master Professional Services Agreements (MPSAs) are initially established through Requests for Qualifications (RFQs). Once compensation limits or expiration dates of MPSAs are reached, MPSAs are either amended or allowed to dissolve. A group of MPSAs, designated in this staff report, will expire June 1, 2011 and are in need of amending and restating in order to complete future and existing CIP projects by Engineering Services. Staff is recommending amendment to the existing MPSAs at this time instead of issuing an RFQ for new MPSAs based on current and anticipated need for consultant services (in terms of work volume and/or specialty services) as well as performance of consultants with active MPSAs.
OC Consultants, Inc. dba Olivia Chen Consultants and Dennis Gaya, dba DB Gaya Consulting, whom are currently engaged through MPSAs, have changed their business status either through reorganization or mergers with other companies. Staff is recommending Assignment Agreements for these consultants to legally ensure the newly structured business entities assume all current contract liabilities of the prior business entities.
In 2009 the Utilities and Public Works Departments re-organized, and in an effort to consolidate two previously established MPSAs with Civil Design Consultants, Inc, MPSA No. 008561, is currently under consideration to increase the maximum compensation limit from $500,000 to $1,000,000.

RECOMMENDATION: It is recommended by the Public Works Department that the Council adopt a resolution: 1) approving amended and restated Master Professional Services Agreements (MPSAs) in substantially the form attached as Exhibit A with the consultants identified in Exhibit B and authorizing the City Manager or designee to execute the agreements; 2) approving the amended and restated MPSA with Civil Design Consultants, Inc., attached as Exhibit C, in an amount not to exceed $1 million, and authorizing the City Manager or designee to execute the agreement; 3) approving the assignment agreement attached as Exhibit D, assigning MPSA number 008493 with OC Consultants, Inc. dba Olivia Chen Consultants to AECOM Technical Services, Inc. and authorizing the City Manager or designee to execute the agreement; and 4) approving the assignment agreement attached as Exhibit E, assigning MPSA number 008481 Dennis Gaya, dba DB Gaya Consulting to DB Gaya Consulting, LLC and authorizing the City Manager or designee to execute the agreement.

12.4 16 REPORT - NORTH SANTA ROSA STATION AREA SPECIFIC PLAN - COMMUNITY INVOLVEMENT STRATEGY

BACKGROUND: On March 29, 2011 the City Council authorized the Mayor to sign a Professional Services Agreement with Pacific Municipal Consultants (PMC) for preparation of the North Santa Rosa Station Area Specific Plan and Environmental Impact Report. Since that time City staff and PMC have developed a Community Involvement Strategy, the purpose of which is to ensure that effective, diverse communication occurs through a community-wide outreach and engagement program.

RECOMMENDATION: It is recommended by the Community Development Department that the Council, by motion, accept the report and provide direction regarding the Community Involvement Strategy for the North Santa Rosa Station Area Specific Plan.

12.5 17 REPORT - REVIEW AND COMMENT ON THE INITIAL VISION SCENARIO FOR THE SUSTAINABLE COMMUNITIES STRATEGY

BACKGROUND: Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) have released the Initial Vision Scenario (IVS) for the Sustainable Communities Strategy. The IVS proposes a future regional growth pattern for the Bay Area and kicks off a 2-year discussion regarding future land use and transportation growth patterns through 2035. ABAG and MTC are requesting comment from all jurisdictions in regards to the IVS. Staff will review the IVS with the Council and propose comments to be forwarded to MTC/ABAG.

RECOMMENDATION: It is recommended by the Departments of Community Development, Public Works Department and Transit that the City Council, by motion, authorize Mayor Olivares to sign a letter on behalf of the City of Santa Rosa commenting on the proposed Initial Vision Scenario as presented above.

13. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

13.1QUARTERLY ATTENDANCE REPORTS - BOARDS & COMMISSIONS

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

15. 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.

16. ADJOURNMENT OF MEETING

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

UPCOMING MEETINGS

May 31 NO COUNCIL MEETING

June 7

Study Session - Transit System-wide Evaluation
Staff Briefing - City of Santa Rosa Project Development Team
Receives Two National Environmental Awards
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, Operating Memorandum
and Parking Agreement
Report - Amendment to Community Media Center Agreement
Report - South Park Sanitation District Dissolution Agreement
Extension
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


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