SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
NOVEMBER 9, 2010

2:30 P.M. (MAYOR’S CONFERENCE ROOM, ROOM 10)

1. CALL TO ORDER AND ROLL CALL

2. STUDY SESSION

2.1 2010 URBAN WATER MANAGEMENT PLAN UPDATE

Every urban water purveyor serving more than 3,000 connections or 3,000 acre-feet annually is required by the State of California to prepare an Urban Water Management Plan (UWMP) every five years. Staff will review the requirements of the UWMP and provide an update on the City's 2010 UWMP preparation, including an overview of the UWMP, new UWMP requirements from legislation adopted in 2009, information on the demand projections, and the schedule for the City's 2010 UWMP development. Council may discuss this item and provide direction to staff.

3. 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.

3.1 CONFERENCE WITH LABOR NEGOTIATORS

Agency Designated Representatives: Fran Elm, Human Resources Director, Chris Sliz, Employee Relations Manager and Pat Thompson, Interim 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 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)
Name of case:  Country Mobile Home Investments v. City of Santa Rosa, et al., Sonoma County Superior Court Case No. SVC 247980

3.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b)(1) of Government Code section 54956.9.  One potential case.

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

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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 – RECOGNIZING LANDPATHS FOR CONTRIBUTIONS TO OUR COMMUNITY

PUBLIC COMMENTS ON AGENDA ITEMS:  Except for public hearing items, comments from thepublic 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 16.

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. APPROVAL OF MINUTES -- NONE

9. 5  STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

10. 6  CONSENT ITEMS

10.1 RESOLUTION -- INSTALLATION OF A SPEED TABLE ON THOMAS LAKE HARRIS DRIVE AT STONEFIELD LANE (NORTH INTERSECTION)

This resolution, recommended by the Public Works Department, authorizes the installation of a speed table on Thomas Lake Harris Drive for the purpose of traffic calming.  The cost estimate for a speed table on Thomas Lake Harris Drive is $5,000.  Funds are available in Capital Improvement Account P17305.  The source of funds is Gas Tax.  General Funds will not be used.  The resolution also directs the Traffic Engineering Division staff to analyze the effectiveness of the speed table and make adjustments as necessary.

10.2 RESOLUTION -- ELNOKA VILLAGE ENVIRONMENTAL IMPACT REPORT CONTRACT AMENDMENT NO. 2

This resolution, recommended by the Community Development Department, approves Amendment No. 2 to the Agreement for Professional Services with Michael Brandman Associates for preparation of an Environmental Impact Report and Related Services for the Elnoka Village project located at 6160 Sonoma Highway.  The contract amendment costs, to be paid for by the project applicant, is $42,000 plus a 15% ($6,375) payable to the City for administrative costs.

10.3 RESOLUTION -- ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 1274 MATANZAS WAY

This resolution, recommended by the Community Development Department, confirms the special assessment lien in the amount of $11,148.73 against the real property located at 1274 Matanzas Way for violations of the City Code that remain uncorrected by the responsible party, Joseph Castro and authorizes recording of a lien and placing the assessment on the property tax roll for collection.

11. REPORT ITEMS

11.1 7  REPORT -- REQUEST TO APPROVE THE RELEASE OF THE HOUSING ALLOCATION PLAN (HAP) CONTRACT FOR THE WOODBRIDGE SUBDIVISION TO ACCOMMODATE THE SHORT SALE OF CALIFORNIA HOUSING FINANCE AGENCY (CALHFA) FINANCED UNITS

BACKGROUND:  The Woodbridge subdivision, located in northwest Santa Rosa, consists of 149 single family homes, twenty-two (22) of which were originally restricted to first-time, low-income homebuyers (80%) of area median income, provided as part of an alternative Housing Allocation Plan (HAP) program approved by Council on June 7, 2005.  From the initial approval of the Woodbridge HAP Contract in June 2005 to October 2008, the developer, Rivendale Homes, submitted numerous requests to amend the contract.  The First Amendment, and most significant, required subordination of the Woodbridge HAP Contract to California Housing Finance Agency (CalHFA) financing which, following the Housing Authority's recommendation, Council approved in exchange for the creation of a Security Fund with monies deposited by the developer to be utilized by the Housing Authority in the event of a default or foreclosure.  To date, three (3) affordable units have been foreclosed upon which has wiped out the Woodbridge HAP Contract, the Resale Agreement, the Deed of Trust securing the Housing Authority's in-kind loan, and exhausted the balance of the Security Fund.  Presently, two (2) affordable units at risk of foreclosure are pending short sales, both of which have been approved by CalHFA.  In order to accommodate pending and future short sales, the Woodbridge HAP Contract, Resale Agreement, and Promissory Note must be released, requiring consent of the Housing Authority and Council.

RECOMMENDATION:  The Department of Economic Development and Housing recommends that the Council, by resolution, approve the release of the Housing Allocation Plan (HAP) Contract for the Woodbridge subdivision to accommodate the short sale of the California Housing Finance Agency (CalHFA) financed units.

5:00 P.M.

11.2 8  PUBLIC HEARING – MITIGATED NEGATIVE DECLARATION - SANTA ROSA CREEK TRAIL DUTTON AVENUE ACCESS PROJECT – 330 HEWETT STREET

BACKGROUND:  The City of Santa Rosa is proposing to construct a 10-foot wide and approximately 200-foot long pedestrian/bicycle path connecting Dutton Avenue to the existing Santa Rosa Creek Trail. An Initial Study was conducted in compliance with the California Environmental Quality Act (CEQA) in March 2010, resulting in a mitigated negative Declaration. A Notice of Mitigated Negative Declaration was posted from July 13, 2010 to August 12, 2010 at the Sonoma County Clerk and the State Clearinghouse.

RECOMMENDATION:  It is recommended by the Public Works Department that the Council, by resolution, adopt the Mitigated Negative Declaration and Mitigation Monitoring Plan for the Santa Rosa Creek Trail Dutton Avenue access project located at 330 Hewett Street.

11.3 9  PUBLIC HEARING – VEHICLES AND TRAFFIC CODE REVISION - COMMERCIAL LOADING ZONE PERMIT AND PERMIT FEE

BACKGROUND:  On March 27, 2007, Section 11-20.020 of Title 11, Vehicles and Traffic, was amended by Ordinance 3823 to restrict use of yellow zones to the commercial loading or unloading of freight.  For purposes of this section, commercial loading or unloading is allowed for those deliveries made by commercially registered and licensed vehicles, the United States Postal Service, or vehicles with the business name permanently displayed on the sides of the vehicle, in, at a minimum, two-inch lettering.

The ordinance amendment significantly reduced the abuse of yellow zones by unauthorized users and the associated problems of unavailability of the yellow zones for deliveries and traffic congestion.  However, these regulations also had the consequence of limiting access for businesses that use personal vehicles for local pick-up and deliveries.
Downtown merchants and restaurant owners have requested modification of the ordinance to facilitate business access to loading zones in situations where use of a vehicle with commercial license plates or business lettering is not practical.  Following discussion with interested business owners, staff is bringing forward a recommendation to amend the City Code to allow the option of a commercial loading zone permit.

RECOMMENDATION:  It is recommended by the Department of Economic Development and Housing that the Council (1) introduce the proposed ordinance to amend Section 11-20.020 of the City Code to revise yellow zone restrictions, and (2) adopt, by resolution, a Commercial Loading Zone Permit Pilot Program and permit fee of $100 for calendar year 2011.

**11.4 10  PUBLIC HEARING -- COUNTRY MOBILE HOME PARK CONVERSION APPEAL - 1180 FULTON ROAD

BACKGROUND:  On August 12, 2010, the Planning Commission voted 6-0-1 to adopt a resolution denying the Country Mobile Home Park Tentative Map, which proposed to convert the existing 178 unit mobile home park from a rental park to a resident ownership park by subdividing the 25.16 acre site into a one lot airspace condominium, which would allow up to 178 airspaces for residential mobile home units on one common parcel. The Planning Commission found that the proposed mobile home park conversion was not a bona fide resident conversion and not in compliance with Government Code Section 66427.5 pertaining to mobile home park conversions, as outlined in Planning Commission Resolution 11550. On August 23, 2010, the applicant filed an appeal of the Planning Commission's denial action.

RECOMMENDATION:  It is recommended by the Community Development Department and the Planning Commission that the Council, by resolution, deny the appeal, and deny the proposed Tentative Map based on the proposal's lack of consistency with Government Code Section 66427.5.

12. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

12.1 BOARDS AND COMMISSIONS QUARTERLY ATTENDANCE REPORTS

12.2 LIVABLE PLACES UPDATE - SEPTEMBER 2010

12.3 LOCAL GOVERNMENT COMMISSION REPORTS - SEPTEMBER 2010

13. 11  MAYOR'S/COUNCILMEMBERS’ REPORTS

14. 12  CITY MANAGER'S/CITY ATTORNEY’S REPORTS

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

16. 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.

17. 13  ADJOURNMENT OF MEETING

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

UPCOMING MEETINGS

November 16

Study Session – FY 2011/12 Budget Process and Calendar
Consent – Memorandum of Understanding in Support of the Retrofit Bay Area Program
Report – Adoption of MOUS for the City’s Unit 3 – Maintenance and Unit 16 – Utilities Systems Operators Represented by Operating Engineers Local 3
Report – Request to Terminate the Existing Memorandum of Option to Purchase Between the Housing Authority and City of Santa Rosa for 983 Sonoma Avenue (Brookwood Homeless Shelter)
Public Hearing – Draft Density Bonus Ordinance
Public Hearing – Streamside Path Mitigated Negative Declaration

November 23 NO COUNCIL MEETING

November 30

Interviews for Personnel Board
Consent – Parking Fine Increase to Reflect new State Surcharge of $3
Report – Proposed Amendment to Sonoma County Museum Funding Agreement
Report – Highway 101 Bicycle and Pedestrian Overcrossing
Public Hearing – Taxi Cab Regulations

December 7

Council Changeover
Report – Kelly Farm Trail Easement with County Parks
Report – Voter Measure to Extend Urban Growth Boundary

December 14

Consent – Conflict of Interest Code Update
Public Hearing – Humboldt Street Bike Boulevard Mitigated Negative Declaration

December 21 NO COUNCIL MEETING

December 28 NO COUNCIL MEETING

January 4  NO COUNCIL MEETING

January 11

Public Hearing -- Zoning Code Amendments to Implement the Santa    Rosa General Plan 2020 Housing Element; file no. ST10-003
Public Hearing – Santa Rosa Avenue Corridor Plan

January 18  NO COUNCIL MEETING

January 25

Public Hearing – TEFRA Multi-Family Housing Revenue Bond Issue    for Acacia Lane Senior Apartments
Public Hearing – Fiscal Year 2010/11 Budget Priorities
Public Hearing – Street Furnishings Palette Plan

Pending:

Study Session – Low Impact Development
Report – Campaign Debt Retirement Ordinance
Report – Revenue Measure
Public Hearing – Bicycle and Pedestrian Master Plan

MEETINGS FOR THE WEEK OF NOVEMBER 8, 2010

November 9

Economic Development Subcommittee, 12:00 PM, City Hall, 100 Santa    Rosa Avenue, Mayor’s Conference Room, Room 10

November 11

Planning Commission, 4:00 PM, City Hall, 100 Santa Rosa     Avenue, Council Chamber

 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 at http://srcity.org