SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
AUGUST 2, 2011

2:00 PM (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 LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9 (One potential case) 1963 Agreement between City of Santa Rosa and Fairfield Homes, Inc.

2.2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION

Significant Exposure to litigation pursuant to subdivision (b) of Section 54956.9: one potential case—Sonoma County Landfill

2.3 CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation

Initiation of Litigation Pursuant to subdivision (c) of Government Code Section 54956.9: one potential case

2.4 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).

2.5 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).

2.6 PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Title: City Manager

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

3. STUDY SESSION -- NONE

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4:00 PM 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 - PACIFIC COAST AIR MUSEUM WEEK/WINGS OVER WINE COUNTRY AIR SHOW

6.2 5 PROCLAMATION - GANG PREVENTION AWARENESS WEEK

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 -- NONE

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. 6 APPROVAL OF MINUTES - July 12, 2011 and July 19, 2011, Regular Meeting

9A. MAYOR'S/COUNCILMEMBERS’ REPORTS

1. 7 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

2. 8 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. 9 CITY MANAGER'S/CITY ATTORNEY’S REPORTS

10. 10 CONSENT ITEMS

10.1MOTION - CONTRACT AWARD - 2011 FEDERAL OVERLAY AT VARIOUS LOCATIONS - MISSION BLVD., OCCIDENTAL RD. AND STEELE LN.

This motion, recommended by the Public Works Department, awards construction Contract No. C01509, 2011 Federal Overlay at Various Locations - Mission Blvd., Occidental Rd. and Steele Ln., in the total amount of $2,264,485.26 to the lowest responsible bidder, Ghilotti Construction Company of Santa Rosa, and establishes a total contract amount of $2,490,933.79 (the original contract amount plus a 10% contingency). Full funding for this project has been appropriated to IFAS Key 17438 and IFAS Key 17016. The source of funds is Federal TEA in conjunction with Measure M and CFF Funds.

10.2RESOLUTION - CENTRAL PARKING ANNUAL BENEFIT ASSESSMENT DISTRICT BUDGET

This resolution, recommended by the Finance Department, approves the Central Parking Annual Benefit Assessment District budget for fiscal year 2011/12. Upon approval of the 2011/12 budget, the calculated annual assessment levy against properties within the district will be placed on the 2011/12 Sonoma County tax roll.

10.3RESOLUTION - TRANSFER OF RESIDUAL MORTGAGE BOND FUNDS FROM THE CITY OF SANTA ROSA TO THE HOUSING AUTHORITY OF THE CITY OF SANTA ROSA

This resolution, recommended by the Department of Economic Development and Housing, approves the transfer of the residual bond funds from the issuance of multifamily mortgage revenue bonds for the development of Redwood Park Apartments, in the approximate amount of $27,151.28, to the Housing Authority for affordable housing purposes.

10.4RESOLUTION - STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT APPLICATION FOR ROSELAND CREEK COMMUNITY PARK AND TRAIL

This resolution, recommended by the Recreation, Parks & Community Services Department, directs staff to submit an application to the Statewide Park Development and Community Revitalization Program (Proposition 84) for the acquisition and development of Roseland Creek Community Park and Trail. It is further recommended that if grant funding is awarded, and upon approval of the grant contract, the Council directs the Chief Financial Officer to increase JL Key P09701, titled "Roseland Creek Park", by the amount of the grant.

10.5RESOLUTION - APPROPRIATION OF FUNDS FOR THE PURCHASE OF REPLACEMENT WEAPONS

This resolution, recommended by the Police Department, would appropriate funds in the amount of $41,000 to key 95813 for the purchase of replacement weapons, the source of funds being reimbursement from the sale of old weaponry and asset forfeiture.

10.6 ORDINANCE ADOPTION - VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM

This ordinance, introduced at the July 26, 2011 Regular Meeting, complies with the Voluntary Alternative Redevelopment Program pursuant to Part 1.9 of Division 24 of the California Health and Safety Code in order to permit the continued existence and operation of the Redevelopment Agency of the City of Santa Rosa.

10.7 ORDINANCE ADOPTION - RECEPTACLES FOR REFUSE PICKUP

This ordinance, introduced at the July 26, 2011, Regular Meeting, amends Section 9-12.080 of the Refuse and Sanitation Ordinance to reinstate limits on hours of curbside placement of containers.

11. REPORT ITEMS

11.1 11 REPORT --RESOLUTION FOR FORMATION OF CHARTER REVIEW COMMITTEE

BACKGROUND: Section 12 of the City Charter provides that the Charter is to be reviewed in 2002 and then every ten years thereafter. The Charter was reviewed in 2002.
Under Section 12, the next review of the City Charter should be completed no later than 2012. In order for any potential amendments to the Charter to be placed on the November 2012 ballot, the Council would need to take action on the proposed measures no later than August 2012. City Council elections will also be on the ballot in November 2012.

On March 26, 2011, the City Attorney sought direction from the Council about when it wished to commence the Charter review process and was directed to return to the Council in August of 2011 for further discussion and action.

RECOMMENDATION: The City Attorney recommends that the Council, by resolution, direct that a Charter Review Committee be formed with each Council Person appointing three members to the Committee and that the Committee commence meeting in September, and that the Council appoint Michael Senneff as Chair of the Committee.

The City Attorney further recommends that the Council direct the Committee to provide a proposed schedule to the Council for review of the topics identified by the Council and to make such other recommendations regarding the Charter to the Council as the Committee deems appropriate.

11.2 12 REPORT - EMERGING ISSUES - ECONOMIC DEVELOPMENT REZONING WORK PLANS

BACKGROUND: On April 5, 2011, the City Council prioritized five Emerging Issues, including Priority #1 Economic Development - A) Prepare potential sites for development and B) Examine the Zoning Code for impediments to Economic Development. The Council directed staff to return for further direction prior to implementing work plans for this project.

The Community Development and Economic Development & Housing Departments produced a potential project list of approximately 40 projects, representing several strategies for stimulating economic development through zoning. Some projects involve city wide changes to land use policy and others involve Rezoning and/or General Plan Amendments intended to stimulate development proposals on specific properties.

The list was narrowed to seven recommended projects and initial work plans were prepared for Council consideration. Staff has the capacity to work on and complete from one to three of the recommended work plans at this time, depending on the hours budgeted for each item.

RECOMMENDATION: It is recommended by the Departments of Community Development and Economic Development & Housing that the City Council, by motion, provide direction to staff on which work plan(s) to implement.

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

5:00 P.M.

11.3 13 PUBLIC HEARING -PLACEMENT OF ANNUAL STORM WATER ENTERPRISE CHARGES ON THE GENERAL TAX ROLL

BACKGROUND: The annual charges of the storm water enterprise have been fixed by the Council at $27.72 per equivalent residential unit (ERU) for fiscal year 11/12. To simplify the payment process for property owners and to reduce collection expenses, the City, as directed by Council, proposes to collect the charges on the Sonoma County property tax roll.

RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, place the storm water enterprise charges on the tax roll to be collected by the County Tax Collector at the same time and in the same manner as County taxes are collected.

11.4 14 PUBLIC HEARING - ANNUAL WEED ABATEMENT PROGRAM REPORT

BACKGROUND: As directed by City Code sections 9-08.020 & 9-08.090, designed to abate noxious weeds and/or rubbish situated upon or in front of private property within the City, the Santa Rosa Fire Department notified all property owners who might be subject to such action, by mail and by legal notice published in the newspaper, that any existing conditions were to be corrected by June 1, 2010.

Program recovery and physical abatement charges are billed to property owners that failed to abate weeds and/or rubbish on their property by June 1, 2010. Multiple property inspections were conducted, photographs taken and additional notices were sent. Non-compliant parcels are ultimately sent to the City’s contractor for physical abatement. Program costs, based on an hourly rate, include the direct cost for the contractor’s abatement, inspections, responding to complaints, and notification of the contractor to perform physical abatement and program support costs.

A report on the Annual Weed and Rubbish Abatement Program has been mailed to each Council member and a supplemental report by staff will be given at the time of the public hearing. The purpose of the public hearing is to receive and consider the objections, if any, of any property owner shown to be liable for any abatement costs in the report.

RECOMMENDATION: It is recommended by the Fire Department that the Council, by resolution, ratify and confirm the itemized report of the Fire Department of the cost of abatement, removing weeds and/or rubbish from, upon, or in front of certain lots or parcels or land within the City of Santa Rosa.

**11.5 15 PUBLIC HEARING - 1135 SOUTH A STREET VACATION OF RIGHT OF WAY (Continued from the Regular Meeting of July 26, 2011)

BACKGROUND: Resolution of Approval for the Vacation of approximately 27,000 square feet of Public Right-Of-Way for that portion of South A Street between Santa Rosa Avenue and Barham Avenue and the disposition of the resulting property interests. On June 9, 2011, the Planning Commission adopted (5-0) a resolution recommending the City Council approve the requested Right-Of-Way Vacation. On July 12, 2011, the City Council opened the Public Hearing and continued the item to the July 26, 2011 meeting of the City Council. The item has been further continued to the August 2, 2011 meeting of the City Council.

RECOMMENDATION: It is recommended by the Department of Community Development and the Planning Commission that the Council Vacate the Public Right-Of-Way for that portion of South A Street between Santa Rosa Avenue and Barham Avenue.

12. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

12.1 16 BOARDS AND COMMISSIONS QUARTERLY ATTENDANCE REPORTS

12.2 17 MINOR CONTRACT AWARD - DUTTON AVENUE PATH TO SANTA ROSA CREEK TRAIL

12.3 18 DRAFT RESPONSE TO GRAND JURY

13. [IF NEEDED] - ANNOUNCEMENT OF ADDITIONAL CLOSED SESSION ITEM(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

August 9 NO COUNCIL MEETING

August 16 NO COUNCIL MEETING

August 23 NO COUNCIL MEETING

August 30 Study Session - Capital Improvement Program - Program
Development and Overview of Projects
Report - Review of the Housing Allocation Plan
Report - Declare Surplus and Approve Sale of Property at Yolanda
Ave. and Highway 101
Report - Appeal of the Fulton Road Reimbursement Agreement
Public Hearing - Establishment of Parking Fees at Howarth
Park (continued from July 19, 2011, Regular Meeting)
Public Hearing - Codification of Zoning Code Interpretations
- File Number ST11-009

September 6 NO COUNCIL MEETING

September 13 Study Session - Capital Improvement Program - Program Funding

September 20 Public Hearing - Montecito Marketplace Appeal

September 27 Study Session - Measure O Baseline

PENDING

Joint Council/Board of Public Utilities Study Session - Water Supply Planning
Study Session - Two Year Budget Proposal
Study Session - Amendment to Council Policy for Boards and Commissions
Report - Mutual Consent to Parking Charges - Santa Rosa Plaza
Report - 1st Quarterly Report - Progress on Council Goals
Report - 1st Quarterly Financial Update


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