SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, DECEMBER 22, 1998
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING

2:00 P.M. - STUDY SESSION - SCHOOL PEDESTRIAN SAFETY ISSUES

This Study Session was called to order at 2:03 p.m. Mayor Condron, Vice Mayor Martini, and Councilmembers Evans, Rabinowitsh, Runyan, and Wright were present. Councilmember Vas Dupre was seated at 2:15 p.m.

At this time, Councilmember Runyan stated that he will be abstaining from discussions on the following areas because of his investment in Bellevue Ranch: Dutton Meadows, Bellevue Road, Old Stony Point Road, Stony Point Road, and part of Ludwig Avenue. He said he will not be abstaining from discussions related to the other streets.

Gene Benton, Deputy Director of Public Works - Traffic, made the staff presentation. The City Council requested a study all of the schools throughout Santa Rosa to determine if there are school pedestrian/walking and access needs, and to submit a report to Council that identifies these needs in order for Council to provide direction. The results of that study are contained in the report entitled "School Pedestrian Needs in Santa Rosa." Mr. Benton noted how this effort has promoted other cities within the County to address some of their needs as well.

Mr. Benton explained that the study analyzed the needs in the following areas: elementary, middle schools, and high schools, and several private schools. The report identifies the needs for sidewalks, traffic signals, pedestrian-activated flashers, school crossing guards, and the reconstruction of streets for sidewalks, bike lanes, and motor vehicle traffic directly related to schools. The report also addresses the proposed Jack London School, which is the next one to be built without sidewalks. Staff is concerned about that situation. The school will be built in an area that has not been annexed to the City and won't be for some time.

Mr. Benton displayed a base map that was prepared by staff of Carlile & Associates, who donated their time to accomplish this effort. This map will be used for all of the future meetings related to this issue.

Mr. Benton said that all of the School Superintendents were notified of this Study Session and were provided with copies of the report. Information has been received from some of the Superintendents as well as some of the residents. While Council has already received some of that information, additional documentation was distributed at this meeting, as was a list of the Superintendents and Principals. In addition, technical criteria that is used for CIP projects was distributed.

Mr. Benton discussed the success of the study in revealing the needs within the community. He suggested that an annual report related to the school pedestrian needs be prepared at about this time each year and be presented to Council prior to the CIP process.

Councilmember Evans asked for an explanation of the base map. Mr. Benton pointed out the areas which indicate where work efforts have been put in place during the last 10 to 15 years within the City limits directly related to school pedestrian needs. A great deal of work and money has already been spent on this effort. He also pointed out the areas representing the existing needs, including sidewalks, temporary sidewalks, or possible reconstructions in the future. The map also highlights areas where school crossing guards are located and where they are still needed, as well as the locations of pedestrian activated flashers. He concluded by noting that the map is a visual representation of what exists and what is needed and will be changed as this process progresses and additional needs are identified.

Councilmember Wright requested that Council be provided with a reduced copy of the base map.

At this time, Rick Moshier, Deputy Director of Public Works - Engineering, spoke about the efforts which have been completed at this time. Stop signs have been installed at the intersection of Bellevue Avenue and Burgess Drive and Bellevue Avenue and Dutton Meadows. Crosswalks have been installed at Bellevue Avenue and Burgess Drive. Pedestrian warning signs and flashing yellow beacons have been installed in front of Elsie Allen High School. Speed limit signs have been changed from 40 to 35 mph. He noted that this change was in process prior to the accident. Street lights have been installed on PG&E poles on Bellevue Avenue and are in the process of being installed on Dutton Meadows. He noted that the Water Agency gates on the north side of the channel, between Burgess Drive and Dutton Meadows, were opened and gravel was installed so that pedestrians can now use that access road.

Mr. Moshier noted that the Engineering Contractors Association and Homebuilders Association, as well as a number of other people, have donated a path that was built on the south side of Bellevue Avenue, west of Elsie Allen High School. The path was completed last week. The contractor who the City hired to build a path from the School eastward is in the process of completing the paving. There will be a continuous, interim asphalt path the length of Bellevue Avenue from Moorland to Stony Point Road.

Mr. Moshier said staff has been working very closely with student government representatives at Elsie Allen High School, as well as with the principal, and have been keeping them informed of the City's current and future efforts.

Mr. Moshier noted that design efforts are underway on several of the highest priority projects. In addition, an effort is being made to make a temporary path on Dutton Meadows the next priority. Staff has also asked that the California Highway Patrol increase their speed limit enforcement efforts on Stony Point Road. They have done that. In addition, the County has been asked to review the speed limit on that road, but the speed limit will not be lowered because to do so would mean that it could no longer be enforced by radar.

Mr. Moshier discussed the design work which is underway which has been authorized: Bellevue Avenue, Dutton Meadows, South Wright Road, Ludwig Avenue, sections of Stony Point Road, West Steele Lane and a signal at Stony Point Road and Bellevue Avenue. The design fees for this work is approximately $300,000. Including PG&E lighting work, the earlier estimate of $350,000 is still on target. Mr. Moshier noted that there are still three high-priority projects which have not yet been initiated: a small section of Piner Road and two signals, one at Stony Point Road and Giffen Avenue and one at Fulton Road and Appletree Drive. He asked Council to give staff direction as to whether these three projects should be given the same priority as the other projects. The design fees for these projects are estimated at approximately $50,000.

Councilmember Runyan referred to the east side of Piner Road, noting that there are approximately four sections where the road narrows. He asked whether staff's proposal includes repairing those areas as well. Mr. Benton responded, agreeing that work in the area further to the east is also needed, but explaining that it is not included in the projects being discussed.

Mr. Moshier reiterated the need for direction from Council related to the projects which are still unauthorized and for which design work has not yet been initiated. He noted that the $50,000 estimate is for the design of all three projects. The construction cost estimates for the work that has been authorized is approximately $4 million. Staff believes the construction costs for all of the projects referenced (i.e., authorized and unauthorized) will come close to that amount.

Vice Mayor Martini asked how much of the work accomplished with the $4 million will ultimately be replaced with future development. Mr. Moshier responded that the traffic signals are the only things that can be relied on as staying in place. There are three signals, which are estimated to cost approximately $.5 million. In response to Vice Mayor Martini, Mr. Moshier said he will investigate to determine whether the signals on Stony Point Road are part of the Southwest Area Plan and thus would be part of the Southwest Area Impact Fee. Mr. Blackman clarified that the City can loan funds against the Southwest Area Impact Fee and recover that money at the time it is available. Vice Mayor Martini asked if the signal at Appletree Drive and Fulton Road was included when the fee was changed to the CFF (Capital Facilities Fee). Mr. Moshier will also check on this, but believes it would be eligible for that fee. He confirmed that all of the sidewalks will ultimately have to be replaced and explained why it would not be feasible to install permanent sidewalks at this time.

Mr. Moshier noted that the cost to fully upgrade the roads in the entire Southwest Area alone would cost approximately $94 million. He referred to a map which shows the streets in the Southwest Area which need reconstruction or overlay. He said that the costs for upgrading the roads in the area already annexed are estimated at $56 million and the costs for the area not yet annexed are estimated at $38 million.

Mr. Moshier displayed and discussed information related to potential CIP funding sources.

Mr. Blackman said that he has requested Public Works to review the projects listed because some of them involve a variety of sources. Not all of the funding is from the General Fund, but some is from gas taxes and some involve matching State funds. He suggested that If Council desires to give policy direction, $1 million could come from the project for Highway 12 at Farmers Lane and $1 million could come from the City Hall retrofit project. By using $1 million from each of those projects and $2 million from the City's General Fund, it would be possible to move forward with the proposed projects although contributions by the School Districts have not yet been determined. Staff could then proceed to meet with the School Districts and County to determine what funds are available. In addition, staff could speak with private engineers to determine what projects they may be willing to take on. He noted that Optical Coating has indicated a desire to participate. To the extent staff is able to obtain contributions, the money could be returned to the Highway 12/Farmers Lane and City Hall retrofit projects or to the City's General Fund Reserves. If Council concurs with this direction, a budget would be set up immediately. Mr. Blackman reminded Council that the other projects on the CIP list have associated traffic and safety implications. For that reason, it is not recommended that those projects be deferred.

Mayor Condron expanded on Mr. Blackman's comments. If Council concurs with his recommendation, staff can move forward with all of the projects which have been prioritized. A subcommittee of the Council (Mayor Condron and Councilmembers Evans and Vas Dupre) would meet with the School District Superintendents in an attempt to move to the next level of prioritization. She noted that additional input is currently being received from the Districts and from community members related to this matter. That information would then be brought back to Council and funding would be sought for those priorities.

Councilmember Evans concurred with Mr. Blackman's recommendation. She said she is very concerned that Council also give specific direction as to when they want these projects completed. She wants assurance that all of the projects are being completed rapidly. She suggested that Council assign itself a deadline for the purpose of conducting the meetings with the School Superintendents, etc., to ensure that pathways are built as soon as possible (preferably in the summer).

Councilmember Wright asked for clarification regarding the other funding sources. Mr. Blackman clarified that staff is not recommending that money be taken from CDBG funds or from the other sources other than what was just discussed (Farmers Lane/Highway 12, City Hall seismic retrofit, General Fund Reserves).

In response to Councilmember Runyan, Mr. Blackman explained that by using the $2 million General Reserve Funds, there would be a reduction from 25% to 22% in General Fund Reserves, which is still over the minimum required by Council. Councilmember Runyan explained why he is hesitant to use the $1 million from the Highway 12/Farmers Lane project. Although he is protective of the General Fund Reserves, he believes the proposed projects qualify for the use of those funds.

Councilmember Wright stated her concurrence with Councilmember Runyan. She noted the competition for regional funding for the Farmers Lane/Highway 12 interchange which the City was not successful in receiving. She asked how many years the funds for this project have been accumulating and what the potential is for other funding; i.e., will the City miss an opportunity for matching funds for that project if the existing funds are used? Mr. Moshier explained why he thinks the $1 million could be taken from that project without drastically impacting it and why the money could be replaced by July 1 with development fees that can only be spent on freeway interchanges or the Farmers Lane extension. He said that the estimated cost of the interchange project is approximately $3 or $4 million. He also said that the real net effect of taking $1 million from the Highway 12/Farmers Lane project would be to delay the ultimate completion of the Farmers Lane extension by one year.

In response to Vice Mayor Martini, Mr. Blackman explained why it is more feasible to proceed with staff's recommendation rather than to take out larger amounts from the General Fund Reserves.

Mayor Condron said she supports the recommendation to use $1 million from the Farmers Lane/Highway 12 fund, $1 million from the City Hall seismic retrofit project, and $2 million from the General Fund Reserves. Councilmembers Evans and Rabinowitsh indicated that they concurred.

Councilmember Rabinowitsh noted that it is essential to have safe crosswalks. He said it is also important to provide the students and schools with an opportunity to review staff's recommendations without delaying the process. They may have some good suggestions related to the priorities because of their knowledge of the routes to the schools. He referred to the meetings with the other School Districts, noting the usefulness of this process, and said he hopes it will lead to better coordination with the School Districts even before sites are identified for new schools.

Councilmember Evans noted that the Superintendent of the Rincon Valley School District holds a monthly meeting with student representatives from each elementary school. She suggested the meetings may present an opportunity for Council to meet with them and to discuss some of these issues.

Councilmember Runyan said that if there is a high probability that the funds taken from the Highway12/Farmers Lane project will be replaced in July, he will concur with staff's recommendation. If not, he will not support that recommendation.

Mayor Condron reiterated that Council's direction is for staff to move ahead with the "unauthorized" projects referenced by Mr. Moshier. Mr. Blackman stated that resolutions will be brought back to Council reflecting this direction and designating the recommended funding.

Mayor Condron added that a deadline needs to be set for when a recommendation will be made for the next level of prioritization.

Councilmember Wright said she is in full support of what is being recommended, but stressed the domino affect on the projects from which money is being shifted. As staff brings these projects forward, it is important that Council receive a full picture of what the impacts may be; i.e., what the pluses and minuses of Council's decisions may be.

Councilmember Vas Dupre noted her eagerness to hear the comments from the School District. She commended the students and community for their letters regarding this matter and City staff for their the quick and thorough response.

Roz Daniels, Director of Public Works, pointed out that a new school is being proposed in the Northwest Area, Jack London School. It is not covered in the recommendations before Council at this time. The school has not yet been built. She said she understands that the waiver of the City's Utility Certificate Policy was granted in January 1997 and an application has been submitted for a Utility Certificate which has not yet been granted. The Utility Certificate would normally be granted at the staff level. Ms. Daniels noted that the County, apparently, has certified the environmental document. In that document a statement was made that there are no sidewalks to provide for pedestrian safety. She said she understands that the School District has responded that they will be bussing all of the students.

Vice Mayor Martini asked for clarification related to the City's options under current State law. Mr. Chouteau explained that the planning process involves the School Districts and the States and they can preempt themselves from the City's process. It was noted that the Jack London School is being planned by the Piner-Olivet School District.

Councilmember Evans asked if the pedestrian needs in the vicinity of that school have been assessed. Mr. Benton responded. Francisco Avenue is the biggest issue. South of the proposed school there is one section of Francisco Avenue that does not currently have sidewalks. He said his concern has not specifically been with getting children to and from school, but rather with those other times when children are present. In addition, a future park has been planned adjacent to the school site. He noted that the situation with Francisco Avenue is the same as for Bellevue Avenue and other areas. Councilmember Evans asked if an interim path or walkway can be installed in this location. Mr. Benton said this situation is the same and that the proposed school is in the County. A brief discussion followed regarding the wetlands in the vicinity of this school and it was noted that the annexation won't occur for some time.

Dr. Rod Buchignani, Superintendent of the Piner-Olivet School District, asked that everyone remain open to looking at the different situations throughout the City, and each site and project individually, because each one has specific issues that may not be able to be quantified or generalized. He stated that the plans for the proposed Jack London Elementary School include a paved, fenced path from the sidewalk area on Francisco Avenue to the school site which also directly accesses the play field. Students, during and after school hours, would use that path to access the facility. The school entrance is on the north portion of the property. Dr. Buchignani described this area. He briefly discussed the year-long process the District undertook and the number of sites researched prior to choosing the proposed site. He noted the District is very near the point of beginning construction for this school. He noted that although there will be sidewalks on the frontage portion of the school, it is thought that only vehicles would access that area, not children walking. He pointed out that the City's plans and how much more building will be allowed on the east side of Francisco Avenue will impact the school.

Dr. Buchignani said there is a railroad track near to the school site. District policies are in place which do not allow children to walk over railroad tracks and requires that they be bussed instead. Therefore a number of the students who will attend Jack London School will either have to be bussed or brought to school by their parents. He said that there are many environmental and other issues which will either lend or not lend themselves to the issue of sidewalks. He added that the District's first choice for a school site was on the corner of Francisco Avenue, but because the site consists of wall-to-wall wetlands, it could not be used for a school. He stated his willingness to work with the Council on these issues.

Suzanne Reed said she is the Attorney for the School Districts being discussed. She stated that consideration should be given to funding at this time and suggested that the Landscape and Lighting Act be investigated for this purpose. She suggested that it may be feasible to enter into Mitigation Agreements for sidewalks and infrastructure that would benefit schools. She referred to assemblywoman Virginia Strom-Martin's efforts related to the proposed Patrick's Law. Attorneys have offered to assist Assemblywoman Strom-Martin so that one plan would not be adopted with the intention of fitting all school districts. Ms. Reed said they will discuss with the need for Patrick's Law to include a State-wide funding mechanism. She said she has assisted the School Districts in Sonoma County purchase numerous sites, including the Elsie Allen site. The problem those districts face is the need for a minimum of 10 acres for an elementary school and 40 acres for a high school. The School Districts have been planning ahead, although, unfortunately, the infrastructure has not necessarily followed. She said she looks forward to working with the City and offered to be of assistance.

Bill Carle, Santa Rosa City Schools Board member, expressed appreciation for expediting these efforts and for the staff assigned to them. He gave Council an update on what his District is doing related to this matter. He had asked for a safety audit, but the City staff has accomplished most of that task. He has also called for partnering with the other School Districts. He concurred with Councilmember Evans' comments regarding the need to expedite this matter. He noted that the inclusive activities of various groups may be more properly dealt with in the long run in the annual audits so time is not lost in moving forward with the proposed projects. He expressed his hope that Council will support the Districts in implementing safety curriculum in the schools and discussed the recommendations he will be making in his district to implement this curriculum. He encouraged the other elementary districts to do the same thing.

Mr. Carle then referred to a 1990 report which he submitted to the Council regarding neighborhood commissions and said that these commissions are the only clear way in which Council will hear from the neighborhoods. He suggested making the elementary schools the center for those commissions. He pointed out that the Community Action Team is dormant, and there is a need for something more formal with specific benefits in place. He encouraged Council to raise this issue and offered to work with Council on this behalf.

Mayor Condron reiterated that there is still a need to consider the timing related to the next level of prioritization. It will probably take two or three months to make some of the appointments and contacts that need to be made, as well as to come up with recommendations related to the next level of prioritization and possible funding sources.

Mr. Blackman noted that the internal budget process will begin after the first of the year and will begin to come together at the end of March.

Mayor Condron suggested that the end of March be targeted for Council to have made their contacts and for recommendations for prioritizations and funding to be submitted.

A brief discussion followed regarding the timing of this process that would ensure that the pathways of the highest priority are constructed prior to the beginning of the next school year. Mr. Moshier said that the existing list of projects will be done by the end of the summer as long as there are no major problems related to right-of-way. Regarding the other list of projects, Ms. Daniels said the issue is that if the funds are not available until July to do the design, the construction cannot be done during the summer. If priorities are set earlier, and Council authorizes the projects earlier, staff will do its best to complete them by the end of the summer. However, that will depend on the types of projects which are to be done and whether there are right-of-way issues involved. Right-of-way issues almost always add a year to the project because of the process the City is required to go through.

Council concurred to target March as the deadline for wrapping up their meetings. Ms. Daniels indicated that staff will also advise Council of other projects which may be impacted because of increased workloads, etc. resulting from moving forward with the higher priority projects.

Discussion followed regarding the Jack London School site. Ms. Daniels briefly explained that the City can condition the project, but the School District is not required to comply with those conditions. She noted that the Mayor had suggested earlier that the Piner-Olivet School District be one of the first ones Council and staff meet with to discuss surrounding walkways and the likelihood for using those walkways during and after-school hours.

A brief discussion followed regarding the Utility Certificate for the Jack London School site. Maureen Rasmussen, City Planner, explained that the Utility Certificate has not been granted. Community Development staff has been working with other City Departments in developing conditions of approval. Mr. Chouteau indicated that he will analyze this issue before he gives Council his opinion on the granting of the Utility Certificate.

Councilmember Martini pointed out the parallels between the proposed Jack London School and the situation with Elsie Allen High School. Although the proposed school is an elementary one and the other was a high school, the issues related to wetlands, pedestrian pathways, transportation patterns, and the likelihood of development taking place adjacent to the school, as well as conversations around those issues, are the same. Although the schools are under considerable strain related to population and funding sources, the City needs to look more closely at the proposed school.

Councilmember Vas Dupre stated for the record that because not all interested citizens will be able to attend in person some of the meetings scheduled, a media release should be developed that would include the various projects presented by staff so that the community would at least know the projects being considered.

Councilmember Rabinowitsh stated his hope that this analysis will be followed up with a review of pedestrian needs in general throughout the City, and not just of those related to schools. He suggested Council discuss this suggestion further at a later date.

Mayor Condron summarized Council's direction: staff should proceed with the projects estimated at $4 million as presented (including the three unauthorized projects); the $4 million will be designated from the Highway 12/Farmers Lane project ($1 million), City Hall seismic retrofit project ($1 million), and General Fund Reserves ($2 million); and formal meetings will commence for the purposes of looking at the school safety issues, beginning with Jack London School. The first round of meetings are to be completed by the end of February or first of March, following which Council will proceed with making decisions related to prioritization and funding. In addition, staff was given direction to provide Council with an updated report annually on school pedestrian safety issues.

Mayor Condron acknowledged and expressed appreciation to the Homebuilders Association and other industry members, as well as citizens, who have been part of implementing the changes in the vicinity of Elsie Allen High School. She also thanked Dick Carlile, Gene Benton, and the rest of the staff for their efforts in this matter.

This Study Session adjourned at 3:07 p.m.

3:00 P.M. - STUDY SESSION - CITY VISION

This Study Session was called to order at 3:08 p.m. All Councilmembers were present.

Tony Battalion noted that the Executive Committee has been meeting during the past five weeks. He introduced the Committee members who were present: Mitch Conner, Bob Marshall, Dick Carlile, Bill Dodson, Kevin Kellogg, Kevin Konicek, Don Taylor, and Christine Seronello.

Mr. Marshall briefly reviewed the items to be discussed during the Study Session. He read the City Vision mission statement. He pointed out that many of the recommendations contained in the R/UDAT (Rural/Urban Design Assistance Team) report dealt with Santa Rosa as a whole not specifically just the Downtown. He said that the goals of City Vision are to: 1) gain and sustain community support for implementation of the R/UDAT report; 2) create and sustain public/private partnerships; 3) lead the consensus-building process; 4) market the vision; and 5) maintain the connection with the AIA's (American Institute of Architects) R/UDAT.

Mr. Marshall displayed an organizational chart, highlighting the proposed structure. It will be a non-profit, public benefit corporation, consisting of a Board of Directors with 13 to 15 citizens. Partnership committees/working groups will be established that will interface with the Board of Directors and public and private organizations. It will consist of City staff, Councilmembers, members of the Boards and Commissions, organizations from within Santa Rosa that are focusing on a particular recommendation, and the public at large, as well as implementing task forces.

Mr. Conner discussed the implementation phase of the Action Plan. 1) Five of the recommendations within the report deal specifically with policy initiatives aimed at the City. These are things the City can do to keep this process moving. 2) The Railroad Square Association is in the process of painting its water tower. This type of thing is part of the one-year implementation steps that would show tangible results. 3) A meeting will be held in January with the Chamber of Commerce regarding marketing recommendations. 4) The first neighborhood workshop will be conducted in February to generate, in part, discussions regarding the recommendations and to determine neighborhood support of those recommendations. 5) The City Council will be presented with a draft Action Plan in April that will identify the specific recommendations to be pursued. 6) In July, the R/UDAT will be asked to return to conduct a progress review.

Councilmember Evans referred to the comment that the recommendation related to the Farmers Market could be done rather rapidly. She asked if there is a role the City needs to play in this matter and whether the proposed location is City-owned or owned by the Plaza. Mr. Conner was not able to answer these questions at this time and noted that these issues must still be considered.

Councilmember Evans referred to the first item in the Action Plan (begin discussion of the first five policy initiatives now) and asked how the Steering Committee sees progressing. Mr. Conner said he thinks that because this effort is heavily slanted toward the City, it is important for the Committee to understand from the City's viewpoint what it will take to put these policies in place, what types of feedback the Council wants to get from the community, etc. He said the Committee will act more as a resource in this instance, whereas the City will take a very active role.

Councilmember Evans referred to the recommendation and discussion by the R/UDAT related to neighborhood workshops and noted that that discussion went beyond the plan for the Downtown itself. In other words, they said an effort must be made to reach out to neighborhoods and increase dialogues with them so that their local concerns can be dealt with prior to the time that an attempt is made to focus on the Downtown. She asked whether this issue is being addressed in the workshops to be conducted by City Vision or whether those will be focused only on the R/UDAT recommendations so far as they relate to the Downtown. Mr. Conner said they coincide. It is important to understand what the neighborhoods think not only about the Downtown but about the larger picture as well. The same type of planning and long-term visioning of the R/UDAT process will be applied to the neighborhoods.

Councilmember Runyan referred to the Farmers Market concept, pointing out that Council has embraced that concept and stating that this will be a difficult task and will take two to three years to accomplish. He referred to the City of Seattle in which retailers supplement the farmers and draw them to the City.

Mayor Condron suggested that Council ask the Planning Commission to look at some of the policy initiatives and to return to Council with recommendations as to how they fit in terms of the entire General Plan. Those policy initiatives are items 1, 2, 8, 9, and 10 of the Summary Recommendations. Councilmember Evans concurred.

Mayor Condron said there has been some discussion regarding City staff involvement. Mr. Blackman said he thinks there is a need to focus attention on this matter. Staff is in the process of putting together a team headed by Wayne Goldberg, Community Development Director, for this purpose.

Mayor Condron said that the policies will be reviewed right away. In addition staff is committed to assist and Council liaisons will also be designated.

Mr. Battaglia discussed the things which are needed from Council at this time: 1) Endorsement of the vision of the R/UDAT report. 2) Commencement of work on the first five policy initiatives. He asked that some instruction be given in terms of looking at those types of things that are perceived as impediments to development and that the development community be invited to participate in those discussions. 3) Appointment of a staff person as a contact point. City Vision would prefer that a senior person who has a good understanding of all City Departments be appointed in order to provide feedback to Council. 4) Make appropriate assignments to City Vision working groups. Support and input from staff will be needed on the task groups. 5) Council participation in neighborhood workshops.

In response to Councilmember Evans, Mr. Battaglia said the establishment of a technical working group is the next step. Councilmember Evans said this type of committee was very successful in the implementation of the Creek Plan.

Councilmember Vas Dupre asked for some information related to the cost of the report that was published in the Press Democrat. Mr. Battaglia acknowledged the Press Democrat for distributing the report, and said that the publication costs were paid in part by funds raised by City Vision and contributions by the City and Redevelopment Agency.

Councilmember Vas Dupre reiterated a comment she made during the previous Study Session regarding the importance of media releases, keeping an open form of government, and keeping the public informed as to what is happening. She said she knows that the City Manager, the Community Media Center, and Mr. Marshall and others who are part of City Vision ensured that this Study Session is televised. However, since not everyone will be able to watch it, she urged Mr. Battaglia to keep up with the media release concept so as to keep the public more involved in this process. She applauded those who have been involved. Mr. Battaglia briefly discussed the continued media efforts related to this matter.

Don Taylor, President of the Railroad Square Association, discussed how this process is interrelated. Railroad Square would like to be connected with the Downtown through work on Third Street. This work would connect the Teen Center to Railroad Square. By linking the Teen Center, some of the West End Neighborhood's concerns are answered regarding walking to the Downtown. He pointed out that the timing for this project is right and Railroad Square Association members are excited about it.

Councilmember Wright said that at the same time the R/UDAT was here, she participated in the AIA's other national program, the Mayors Institute on City Design, which was held in Berkeley. This is the first time in its history that a Mayor and R/UDAT were going through their parallel programs at the same time. Councilmember Wright said that she will be working very closely with City Vision as a volunteer. She pointed out that this process for the City is somewhat of a national model and is a great opportunity for Santa Rosa. There are many resources available through the Mayors Institute with which she became familiar. Councilmember Wright also noted that the City may also have some opportunities to link with U.C. Berkeley. Students in the Urban Design Program there are looking to make Santa Rosa, and this particular project, one of their own; i.e., to adopt it and help do some of the modeling of the vision. It was emphasized at the Mayors Institute in Berkeley that the vision must be articulated in a way that people can see and relate to. She reiterated that there may be some opportunities to utilize some of the resources at U.C. Berkeley. She noted that not only is there a great deal of public momentum behind this process, but many tools are available for its implementation in Santa Rosa.

In response to Councilmember Evans, Mr. Blackman said that a resolution accepting and endorsing the R/UDAT plan will be brought back to Council for adoption at their next meeting.

Mayor Condron summarized that the policy initiatives will be forwarded to the Planning Commission for review and for suggestions on how to incorporate the recommendations, Wayne Goldberg will be a key staff contact, assignments of Boards and Commissions members to the City Vision working groups will be made after the format of those groups is clearer, appropriate staff assignments will be made after Mayor Condron has met with Mr. Blackman, Council is committed to the neighborhood workshops and more neighborhood outreach, and Council will take action endorsing the plan at their next meeting.

This Study Session adjourned at 3:44 p.m.

4:00 P.M. - REGULAR SESSION

1. CALL MEETING TO ORDER

Mayor Condron called the meeting to order at 4:03 p.m.

2. CITY COUNCIL ROLL CALL

Present: Mayor Condron, Vice Mayor Martini, and Councilmembers Vas Dupre, Evans, Rabinowitsh, Runyan, and Wright.

3. PROCLAMATIONS/PRESENTATIONS

Mayor Condron presented Councilmember Wright with a plaque containing the gavel she used during her terms as Mayor.

4. CITIZEN PUBLIC APPEARANCES

Duane DeWitt, Roseland resident, welcomed the new Councilmembers, wished them well as they deliberate on many difficult issues related to Santa Rosa's quality of life, commented on the impact the three-minute time limit has on his presentations, and discussed the need for the new Council to assisting restoring faith in local government. He said he had hoped Councilmember Runyan would have been elected Mayor because of his residency on the west side of town. He read a quote related to public officials and the need to preserve the basic rights of the people. He referred to the two projects in Roseland that were improperly noticed and yet were allowed to move forward, and expressed his hope that the new Council will find a way to enforce the City's rules and regulations. He asked that the appointment to Boards and Commissions be opened up to more people, particularly involving Southwest Area residents. He referred to the upcoming January 12 Study Session regarding Roseland and the Southwest Area and asked that another Study Session be held in the evening when Roseland residents can be in attendance.

Linda Picton, County resident, said she has heard comments that youth are scaring people from the Downtown. She discussed what she believes to be the problems in the Downtown that keep shoppers away: parking, the lack of certain stores (i.e., shoe stores), etc. She stated that it is important not only to take the businesses into consideration but also to encourage the youth to speak to Council.

Jack Osborne referred to the Brown Act and said that a time must be provided for the public to speak at Study Sessions. This time must be indicated on the agenda and the public can only speak on the agenda items for the Study Sessions. He also said that following Closed Sessions, Council must report their votes. In addition, the public has a right to speak at any meeting and an opportunity and time to do so must be provided. He spoke about the three-minute time limit to address items not on the agenda and said that doesn't provide him with the opportunity to speak on Consent Items. Mr. Osborne then referred to Council's attendance at standing meetings and said they are not permitted to speak at those meetings if there is a quorum of Councilmembers present. Mr. Osborne indicated that he will discuss these things with the City Attorney.

Jim Lowry distributed fliers from the United Southwest Association and discussed the history of the Association which was formed in 1997. He said the Association was formed to combine efforts and establish an identity for the community. The groups overall goal is to improve and sustain the quality of the community for everyone. He welcomed the new Mayor and Councilmembers and thanked the other Councilmembers for assisting his Association in achieving their goals this year. He also thanked them for their actions to increase pedestrian safety. He said the Association wants to work with the City in 1999 to improve communications in order to ensure that information regarding development, infrastructure improvements, and other projects is made available to the community on a timely basis. There is a need to investigate new ways to make the City's process work. He spoke about the need to look at opportunities for creating more community space for a community center in Roseland.

Ann Schneider welcomed the new Councilmembers. She spoke about the Southwest Area and what it offers to the community (affordable housing). It is a diverse community with many groups. Each group wants a safe and aesthetically pleasing area in which to live. She commended the City for their efforts in the last six months to improve the area (Hearn Avenue, Sebastopol Road). She said she would like some of the roadside parking lots removed and replaced with a cafe; with outdoor seating or some other community-friendly addition. She said the groups are open to teaching on how they can make their voices heard in the City.

Chrissy Nygren, member of United Southwest Association, said her neighborhood is in the County but is surrounded by the City. She spoke about the efforts of her group to make the neighborhood more desirable and the outcome of those efforts. Before this effort, Kenton Court was not a comfortable place to visit or live. She pointed out that the group's effort is inclusive of the entire Southwest Area. They are continually reaching out to more neighbors and neighborhoods and are focusing on a wide range of issues and goals. She said they look forward to working with the County and City to create new projects for the community that help to make Santa Rosa a nice place to live for all its residents.

Mayor Condron responded to some of the comments. In particular, she noted that the public was provided with an opportunity to speak at both of the Study Sessions held this afternoon. She noted that the Council constantly attempts to keep up to date on the Brown Act and related issues. She acknowledged the people present from the Southwest Area and said Council looks forward to their participation both in the formal setting of the Council meetings and in more informal settings. She discussed the importance of and steps the Council has taken to increase communications with the School Districts and County, and indicated their desire to do the same with the citizens. She noted the earlier Study Session in which Council considered $4 million worth of improvements, many of which will occur in the Southwest Area. There are a lot of other issues which the Council will have to work on with both the residents and the County.

Y2K Changes

At this time, Mayor Condron said that one of her goals is to ensure that the City is as prepared as possible for the upcoming Y2K changes and what they will mean to the City. Therefore, she asked Stan Lindsay, Administrative Services Director, to provide information about what the City is doing in this regard.

Stan Lindsay said staff is being contacted almost on a daily basis by the community regarding what plans the City has to deal with the Y2K problem. A program will be presented on February 18: "A Y2K Town Hall." The program will be held at the Veterans Memorial Building on Thursday from 6:30 to 9:30. It is hoped that the Chamber of Commerce will assist in producing this program. It is also hoped that representatives from the public and private utilities will participate. PG&E has indicated they will participate, as will Pacific Bell. In addition, representatives from the City of Santa Rosa Utilities and Public Works Departments will be present, as will representatives from City and County Public Safety. An explanation will be made to the community as to what plans are being put into place to deal with the Y2K phenomena. In addition, the Community Media Center will tape this program and use it for a delayed broadcast.

Mr. Lindsay said meetings are held every other week to develop the format of the program. It will be heavily promoted so that the community can attend and so that citizens will know that the City is sensitive to the problem and is doing its best to deal with it. He noted that representatives of the medical profession will also be in attendance.

In response to Councilmember Vas Dupre, Mr. Lindsay indicated that this program will be publicized on the revolving bulletin board, on the community channel, and at Council meetings. Councilmember Vas Dupre noted that she has previously referred to the media release concept for open government and asked if the Council will always receive a media release in their packet so they will know what the public is receiving. Mr. Lindsay confirmed that this can be done if that is Council's desire.

5. APPROVAL OF MINUTES - Meetings of December 8 and 15, 1998 and corrections to Joint City Council/BPU Meeting of November 5, 1998.

MOVED by Councilmember Wright, seconded by Councilmember Evans, CARRIED BY A 6-0-1 VOTE (Councilmember Rabinowitsh abstaining) TO APPROVE THE DECEMBER 8, 1998 MINUTES AS PRESENTED.

MOVED by Councilmember Wright, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO APPROVE THE DECEMBER 15, 1998 MINUTES WITH A CORRECTION ON PAGE 15: Metropolitan Transportation Center will be changed to Metropolitan Transportation Commission.

MOVED by Councilmember Wright, seconded by Councilmember Evans, CARRIED BY A 4-0-3 VOTE (Mayor Condron and Councilmembers Vas Dupre and Rabinowitsh abstaining) TO APPROVE THE AMENDED MINUTES OF THE JOINT CITY COUNCIL/BOARD OF PUBLIC UTILITIES MEETING OF NOVEMBER 5, 1998. (Clerk's note: those amendments corrected the call to order (Chairperson Dowd, not Yokoi, called the meeting to order); clarified Member Yokoi's abstention on the public hearing related to the Geysers recharge project due to a conflict of interest and noting that he stepped down from the dais when that discussion arose; and clarified that the comments made by Ms. Collins referred to $4.3 million.)

6. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

See the statement of abstention made by Councilmember Runyan related to Item 8.5 following action on the Consent Items.

7. CONSENT ITEMS

7.1 ORDINANCE ADOPTION - AMENDING CITY CODE RELATING TO REPORTING OF EXPENDITURES BY LATE FORMED COMMITTEES

7.2 RESOLUTION - BOARD/COMMISSION REAPPOINTMENTS

7.3 RESOLUTION - LUTHER BURBANK SESQUICENTENNIAL CELEBRATION

7.4 RESOLUTION - PEDESTRIAN ACTUATED FLASHER ON NORTHPOINT PARKWAY AT MARINER WAY

MOVED by Vice Mayor Martini, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 7.1):

ORDINANCE NO. 3399 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SUBSECTION (B) OF SECTION 10-32.010 AND SECTION 10-32.050 OF THE SANTA ROSA CITY CODE RELATING TO REPORTING OF EXPENDITURES BY LATE FORMED COMMITTEES.

MOVED by Vice Mayor Martini, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXTS OF (Items 7.2 through 7.4):

RESOLUTION NO. 23813 ENTITLED: a RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING REAPPOINTMENTS TO BOARDS AND COMMISSIONS: Board of Community Services: Lynne Carlile, Margaret Larsen, and Michelle Konicek; Board of Public Utilities: Richard Dowd; Cultural Heritage Board: Lucille Foster; Design Review Board: Susie Dowd-Markarian; Luther Burbank Home & Gardens Board: James Hinton; Personnel Board:Karen Furukawa-Schlereth; Planning Commission: Bob Blanchard; and Board of Building Regulation Appeals: Roy Anderson.

RESOLUTION NO. 23814 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RECOGNIZING THE LUTHER BURBANK SESQUICENTENNIAL CELEBRATION AS A SPECIAL COMMUNITY-WIDE EVENT AND APPROVING THE PLACEMENT OF BANNERS ON LIGHT STANDARDS ON SANTA ROSA AVENUE IN RECOGNITION OF THIS EVENT - FILE NUMBER SI98-122.

RESOLUTION NO. 23815 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA PERMITTING FLEX PRODUCTS, INC. TO INSTALL A PEDESTRIAN ACTIVATED FLASHER ON NORTHPOINT PARKWAY AT ITS INTERSECTION WITH MARINER WAY, AND ACCEPTING OWNERSHIP, OPERATION AND MAINTENANCE OF THE PEDESTRIAN ACTIVATED FLASHER AFTER CONSTRUCTION AND FINAL ACCEPTANCE.

STATEMENT OF ABSTENTION

Councilmember Runyan noted that during the Study Session regarding School Pedestrian Safety Issues he abstained from discussions related to areas in the vicinity of Elsie Allen High School. He stated that because Item 8.5 deals with those issues, because of its proximity to Bellevue Ranch, and because of his interest in Bellevue Ranch, he will be abstaining on Item 8.5

8. SCHEDULED ITEMS

8.1 REPORT - 1998 REPORT ON DOWNTOWN PARTNERSHIP COMMITTEE (DPC)

Chris Facas, Chairperson of the DPC, made the presentation. In January 1996, the DPC was formed by resolution to review existing Downtown studies (Core Area Development Plan and the Downtown Task Force Report, Downtown Santa Rosa Enhancement Strategy), to represent the interests of the Downtown, and to make recommendations to the City Council.

The DPC has been meeting monthly for 24 months. The DPC has several projects underway, including: Signage/Linkage, Parking, Marketing, Urban Design, Safety and Downtown organization structure. Each of these projects and their status is described in the 1998 Report on Downtown Partnership Committee.

Mr. Facas read the recommendations of the DPC:

*The DPC follow through on remaining tasks of the sign program.

*The City Council direct the Transit and Parking Department to construct and install new signs on all parking garages as soon as possible.

*Ensure on-going appropriate levels of security in the garages.

*Appoint a parking committee with Downtown and Railroad Square representation to work in cooperation with the Transit and Parking Department to carry out the changes in the remaining garages and represent the core area on all parking related issues.

*The marking subcommittee seeks public input through City Vision for completion of the marketing plan as recommended.

*In accordance with the Enhancement Strategy 3, establish a Downtown technical working group that includes City senior staff to assist and participate on City Vision subcommittees, as requested by City Vision.

*Ask City Vision to assume responsibility for carrying out the Core Area's Enhancement Strategy #1: Strengthen the Core Area's Existing Land Use Mix.

*Support strategies that will increase desirable foot traffic in the Downtown to dilute the impact and otherwise discourage undesirable behavior.

*Direct the DPC to remain intact for three to six months pending completion of their projects and the successful implementation of both City Vision and the Downtown Association.

It is recommended by the City Manager's Office that the City Council, by motion, accept the 1998 Report on Downtown Partnership Committee.

Councilmember Wright referred to the recommendation dealing with "undesirable behavior" in the Downtown and said she had previously discussed with Council a call she had received from a local merchant regarding this matter. At that time the Chief of Police was asked to look into a more aggressive anti-panhandling ordinance. Legally and within the judicial system, the City's hands are somewhat tied. Therefore, she encouraged the DPC to look into creative ways to deal with this problem; i.e., finding alternate locations for these youth, etc. Mr. Facas said that part of the problem has been that there was no organized association of merchants on the east side of Downtown. Now that that association exists, this issue can be revisited.

Councilmember Vas Dupre noted the reference to the "BID" (Business Improvement Districts) concept which is used in other cities and asked for information regarding this concept. Mr. Chouteau explained that this concept was utilized; i.e., when the DDA (Downtown Development Association) was the organization that fulfilled that function for the City. Since then, the DDA has been disbanded and that format is no longer being used by the City. Although there have been some discussions about reimplementing that concept, no final decision has been reached as to what the mechanism should be to have a unified body Downtown. He noted that one major issue is the resistance to mandatory assessments.

Mr. Facas said the DPC wrestled with that issue when they dealt with the structure issue. They felt that this is not the appropriate time to reinstate a BID or an assessment district. Instead, the DPC went to the model of a Downtown association with voluntary membership.

Mayor Condron noted that the question was raised as to when the parking signs will be installed and asked to be provided with that schedule. She also noted that Council was informed that security was increasing in the garages during the holidays. Council was to revisit that issue after the holidays. She said that some of the changes related to parking have resulted in increased income. Therefore, she recommends that level of security be maintained after the holidays. She said she would like Council to address these two issues further.

Councilmember Wright referred to the recommendation to appoint a parking committee and reminded Council of the difficulties related to the parking committee which operated in the past. She asked for clarification as to the purpose of the parking committee now being proposed. Mr. Facas responded that the parking subcommittee felt strongly there were issues they were dealing with which could not be solved in a one- or two-year span of time. Therefore, while they are open to considering establishing a time frame for a parking committee, they felt an immediate need for an ongoing liaison to study the outstanding issues and work in conjunction with the Transit and Parking Department. Councilmember Wright said she wants Council to be clear as to what form this committee will take if they adopt this recommendation. In other words, is the recommendation to advertise and use the same form to appoint those committee members as for other boards and commissions? Mr. Facas said the DPC is not suggesting that that process be used.

Mayor Condron suggested that, and explained why, it may be feasible to maintain the parking subcommittee, with representation from the Downtown and Railroad Square, to work in cooperation with the Transit and Parking Department. Mr. Facas indicated that the parking subcommittee will remain in existence as long as the DPC does and said this issue could be revisited at that time.

Councilmember Wright said she would support maintaining the existing subcommittee and providing staff liaison to accomplish the parking-related goals.

Duane DeWitt said that at a Downtown Improvement Task Force meetings four years ago he had suggested more interests be represented. He said there should be more involvement of customers and citizens from various neighborhoods. In support of this suggestion, he referred to R/UDAT Recommendation #9. He referred to City Vision's proposed organization and said it seems rather limiting. He suggested that "outsiders" could add to this process. He asked Council to ensure that citizens/members of the community be appointed.

Mayor Condron said that the make up of the City Vision committees is being determined, largely, by the City Vision Steering Committee. The DPC is in the final stages of wrapping up and is presenting their recommendations. Council will be looking at the future format the DPC. She said seeking public input is part of the City Vision recommendation. She clarified that the appointments to City Boards and Commissions which were ratified by Council today were for those members who will continue to serve. The City will be advertising for new openings and will reach out to as many members of the public as possible.

MOVED by Councilmember Wright, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO ACCEPT THE 1998 REPORT ON DOWNTOWN PARTNERSHIP COMMITTEE WITH ONE REVISION: THE EXISTING PARKING SUBCOMMITTEE WILL REMAIN IN PLACE INSTEAD OF ESTABLISHING A NEW PARKING COMMITTEE.

8.2 REPORT - WAIVER OF COMPETITIVE BIDDING AND SOLE SOURCE PROCUREMENT OF LIQUID-RING, MIXED GAS COMPRESSORS

Dan Carlson, Capital Projects Coordinator - Utilities, made the staff presentation. The Laguna Subregional Wastewater Treatment Plant and Reclamation System is tasked with treating wastewater to a tertiary level of treatment. The treatment process involves removing organic material from the water. This material is pumped to anaerobic digesters which convert one-half of the solid matter to methane gas which is used to produce electricity. The electricity saves up to $700,000 per year. To use the methane gas for fuel, it must be compressed.

The Subregional System has a need for bigger, more reliable compressors that will allow the Subregional System to save money by generating more electricity and will provide full treatment plant operation during emergency events when PG&E power is unavailable. The existing mixed gas compressors were procured from Sterling Fluid Systems in a competitive bid process. Replacing with Sterling Fluid Systems compressors will save costs that would be required to modify piping, foundations, electrical systems, and support systems to accommodate alternative equipment. Any savings that might be attained through competitive bids would be more than spent in these modifications.

It is recommended by the Board of Public Utilities and the Utilities Department that the City Council, by resolution, authorize a waiver of competitive bidding for the purchase of three liquid-ring, mixed gas compressors, and authorize the Purchasing Agent to issue a sole source purchase order to Sterling Fluid Systems, Inc., of Irvine for a total amount of $163,433.55.

There were no questions of staff.

MOVED by Councilmember Wright, seconded by Councilmember Martini, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.2):

RESOLUTION NO. 23816 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA WAIVING COMPETITIVE BIDDING AND ACCEPTING THE PROPOSAL OF STERLING FLUID SYSTEMS, INC. OF IRVINE, CALIFORNIA, FOR THE PURCHASE OF THREE LIQUID-RING, MIXED GAS COMPRESSORS.

8.3 REPORT - CARLEY ROAD DETENTION BASIN - AGREEMENT FOR FUNDING WITH SONOMA COUNTY WATER AGENCY

Colleen Ferguson, Supervising Engineer, made the staff presentation. The Carley Road Detention Basin project is proposed to help alleviate street and backyard flooding which occurs along Carley Road and the surrounding area. The detention basin may also reduce peak flows on Spring Creek which would benefit property at the end of Idaho Drive and other locations along Spring Creek. The project consists of excavation and grading to provide approximately eight acre-feet of flood storage and installation of inlet and outlet structures. It also includes acquisition of a hydraulic maintenance easement over the entire area of the detention basin. Funding for the Carley Road Detention Basin project is available from the Laguna-Mark West Zone 1A 1998/99 budget. It consists of $198,150 for design and construction and $612,850 for acquisition of an easement for a total amount of $811,000.

The location of the Carley Road Detention Basin is the playing field area of Herbert Slater Middle School adjacent to Carley Road. A separate agreement with the City of Santa Rosa High School District (District) is proposed under which the City and District would jointly develop and maintain dual use facilities at Herbert Slater Middle School. The District plans to install playing fields and other recreational facilities within the easement. The Carley Road Detention Basin project is proposed to be designed and constructed through a design-build contract administered by the School District. Design is scheduled to begin soon after execution of the funding agreements with construction scheduled in1999.

It is recommended by the Public Works Department that the City Council, by resolution, authorize the execution of an Agreement for Funding of Carley Road Detention Basin in the amount of $811,000 with the Sonoma County Water Agency and direct the Administrative Services Department to increase the budget appropriation in Account No. 8139 by $311,000.

Councilmember Runyan asked if the City will experience a net gain in the number of playing fields. Vice Mayor Martini responded, explaining how this action will not result in a net gain in acreage, but rather in facilities.

In response to Councilmember Runyan, Ms. Ferguson explained that there is no provision for additional funds in either the agreement with the Water Agency (which accepts the Zone 1A funds) or in the agreement with the School District (which gives those funds to the School District to build the detention basin project). She explained that the purchase price of the easement is the price negotiated between the City and the District and is a set amount of Zone 1A funds. Vice Mayor Martini added that the use of the design/build contract is similar to what was done at Cook Middle School. He explained that process. Ms. Ferguson pointed out that the School District has actually bid this process, and has a designer and contractor who are ready to move on this once the approvals have been completed.

Councilmember Vas Dupre said that this effort is an excellent example of the interconnectedness of these agencies. She commended Ms. Ferguson and the others who have been involved in making this project happen. Ms. Ferguson noted that the Place to Play Committee is the agency that brought this project together.

Jack Osborne asked why the City is paying for this project and whether there is money in the budget for building and maintaining this project. He objected to the School District receiving the City's money when the City isn't authorizing the contract. He also asked if funds for these purposes are also given to the other Districts in the City. He questioned the depth of the basin and asked if it will result in a liability problem to the City and whether it will have to be fenced.

Ms. Ferguson responded. She clarified that the funds are for a flood control project. The storm drain systems and Spring Creek channel are inadequate. She discussed the problems with the storm drain and the reasons for water backing up into the storm drain and into the streets. This action is not for the purpose of giving money to the School District, but is rather for a flood control project. There is no other site in the vicinity on which a detention basin can be built. The funds for the project are local Zone 1A flood control funds and the City is only acting as a channel to obtain those funds and get them to the School District. Ms. Ferguson said the School District owns the property. Placing the detention basin on their property will limit their ability to sell it for other uses in the future. Therefore, they are entitled to compensation for that. That is the reason behind the purchase of the easement to build the flood control project. Regarding maintenance, the City will be maintaining the detention basin. The City will not be responsible for field maintenance. Ms. Ferguson said that the liability issue is being carefully reviewed by all parties involved. She pointed out that it is very common to have dual use flood control and recreation facilities.

Mayor Condron noted that she served on the Place to Play Committee and pointed out that this is a win-win situation. The City frequently gets complaints from the people in the subject area about the flooding. She thanked the people involved in putting this project together.

Vice Mayor Martini said it must be clear that this neighborhood has a problem with flooding. A study was conducted that indicated that it would require a $2 million solution to solve the problem. What is being accomplished is a $2 million project with $800,000. He pointed out that this type of project is done throughout the Central Valley in terms of flood projects. He noted that this facility is not a pond and will not be full of water during the summer months. He acknowledged the individuals and agencies who brought this project forward.

At the request of Mr. Chouteau action on this item was delayed pending some research. Council proceeded to consider Items 8.4 and 8.5 while that research was being done. See the section of minutes following Item 8.5 for additional discussion and action on Item 8.3.

8.4 REPORT - BID AWARD - BIOLOGICAL LAB TESTING SERVICES

Ron Bosworth, Deputy Director of Administrative Services, made the staff presentation. On October 5, 1998, Invitation For Bids (IFB) 98-99-18, solicited by the City for biological laboratory testing services, was opened and read aloud by the Purchasing Agent.

The laboratory testing services under this contract are required by the Utilities Department and are part of the overall monitoring requirements under the City's NPDES Permit No. CA0022764 issued by the North Coast Regional Water Quality Control Board and will be performed on a quarterly basis.

Of the twelve prospective bidders currently on the City's bid list for such services, two bidders responded with written offers. All offers received are considered responsive to the specifications of the IFB. Based on the evaluation of submitted bids, the offer submitted by Block Environmental is considered the lowest responsive and responsible bid received.

It is recommended by the Administrative Services and Utilities Departments that the City Council, by resolution, authorize award of bid and issuance of a one-year term contract with four one-year renewal options for biological laboratory testing services to the lowest responsive and responsible bidder, Block Environmental of Pleasant Hill for the total amount of $50,200.

There were no questions of staff.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Runyan, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.4):

RESOLUTION NO. 23818 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING THE BID OF BLOCK ENVIRONMENTAL FOR THE PURCHASE OF BIOLOGICAL LABORATORY TESTING SERVICES.

Councilmember Runyan left the meeting at this time.

MOVED by Vice Mayor Martini, seconded by Councilmember Evans, CARRIED BY A 6-0-1 VOTE (Councilmember Runyan abstaining) TO ADD ITEM 8.5 TO THE AGENDA.

*8.5 REPORT - REQUEST FOR RATIFICATION AND AUTHORIZATION OF DESIGN AND CONSTRUCTION OF SCHOOL RELATED PEDESTRIAN SAFETY PROJECTS

Rick Moshier, Deputy Director of Public Works Engineering, made the staff presentation. On December 1, 1998, Patrick Scott, a student at Elsie Allen High School, was struck by a vehicle on Bellevue Avenue. Students and volunteers constructed a temporary path, made of pallets and plywood, to provide students a path away from the roadway until a paved path could be constructed.

Following the accident and a public meeting at Elsie Allen High School, staff was directed to proceed with redesign and construction of the pending path project and accelerate other school-related pedestrian safety work.

Students, volunteers, the School District, contractors, consulting engineers, and the City provided resources to construct the path along Bellevue Avenue and at other locations. A partial list of individuals and organizations participating in this effort is as follows: Kevin Kitchens (Student volunteer leader - Elsie Allen High School); Carnell Edwards (Principal - Elsie Allen High School); FEDCO Construction; Gillette Constructors; North Bay Construction; Argonaut Constructors; Civil Design Consultants (Mark Vantage); Carlile/Macy; Civil Engineers and Land Surveyors of California (CELSOC); Engineering Contractors Association (ECA); Home Builders Association (HBA); Kaiser Sand & Gravel; Pace Supply Corporation; Santa Rosa Cast Products; Cams Trucking; Syar Industries; A-1 Equipment Rentals; Dolan Trucking; Kristar Enterprises; Stevenson Supply; Daniel O. Davis, Inc.; Pacific Gas & Electric.

This request is being made to accelerate the design and construction of these school-related pedestrian safety improvements. This ratification and authorization enables the City to waive environmental, permitting, contract award, and bidding requirements and to immediately proceed with the necessary work.

It is recommended by the Public Works Department, that the City Council, by resolution, ratify and authorize the design and construction of certain school-related pedestrian safety projects; approve an exemption for environmental reporting and permitting purposes; waive City Council Policy 600-01, "Consulting Services - Selection Policy Guidelines for Engineering, Architectural and Associated Consulting Services;" waive City Council Policy 100-07, "Authorization of Contract Change Orders on Public Works Contracts" for pedestrian paths along Bellevue Avenue - Stony Point Road to Moorland Avenue, Dutton Meadows - Bellevue Avenue to Hearn Avenue, Stony Point Road and Old Stony Point Road (Robert L. Stevens Elementary School), South Wright Road, Ludwig Avenue, West Steele Lane; and authorize the Director of Public Works to accept donations for these types of projects on behalf of the City Council.

Councilmember Wright reiterated how rewarding it was to have people assist in this situation. In addition to the other people involved, she acknowledged the local delicatessens that have donated food. She acknowledged the way the community united in the face of tragedy.

Duane DeWitt showed photographs of the temporary walkway built at Elise Allen High School and thanked the students who participated. He also thanked the volunteers listed in the report. He said It is important to address the fact that the tragedy may not have been unexpected and pointed out the need to be prepared in the future. He acknowledged that it would be appropriate for Council to accept the donations made in this case, although he would not normally agree with this procedure. He pointed out that the signal at Stony Point Road and Giffen Avenue do not have financing. That area is as important as any other area. He referred to a 1995 project notice and initial study related to the Hearn Avenue project and questioned some of the "no" answers related to transportation/circulation and traffic hazards. He referred to an accident in which five people were killed on Stony Point Road at Hearn Avenue. He pointed out how the traffic signal that was installed there made the intersection safer and asked that one be installed at Stony Point Road and Giffen Avenue as soon as possible. He also asked that sidewalks be installed around all of the schools that are built.

Mr. Moshier clarified that the funding for a traffic signal at Stony Point Road and Giffen Avenue is included in the $4 million requested earlier. Walkways in the vicinity of R.L. Stevens School are also under design and are among the top priorities.

Councilmember Evans commended the staff for acting very quickly and appropriately in this matter.

MOVED by Councilmember Evans, seconded by Vice Mayor Martini, CARRIED BY A 6-0-1 (Councilmember Runyan abstaining) TO ADOPT AND WAIVE THE READING OF THE TEXT OF(Item 8.5):

RESOLUTION NO. 23819 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RATIFYING AND AUTHORIZING DESIGN AND CONSTRUCTION OF SCHOOL-RELATED PEDESTRIAN SAFETY PROJECTS.

Councilmember Vas Dupre commented that there are people at this meeting who were not present at the Study Session. For their information, she noted her earlier request for an immediate media release so the community will be provided with an update of the specific recommendations. In addition, she noted that there will be neighborhood meetings scheduled in the very near future in order for Council to receive more community input on this matter.

Councilmember Runyan returned to the meeting at this time.

At this time, Council discussion returned to Item 8.3.

ITEM 8.3 (Carley Road Detention Basin)

Vice Mayor Martini asked the City Attorney to comment on the appropriateness of his involvement in this action. Mr. Chouteau said that because of the application of Government Code Section 1090, which prohibits Councilmembers from being interested in a contract that comes to the Council, and because of the argument that could be made that the Place to Play Committee has at least an indirect financial interest in the subject contract, Mr. Chouteau researched this matter. He stated that Vice Mayor Martini will meet the provisions of sections 1091.5(7) and (8) of the Government Code if he states his participation on the Place to Play Committee. Vice Mayor Martini would then be free to vote on this item.

Vice Mayor Martini stated for the record that he serves as the Chairperson of the Place to Play subcommittee of the Santa Rosa Youth Athletic Field Trust. The Field Trust is a non-profit, public benefit trust whose goal is to develop and maintain additional playing fields for the youth of the community.

Mayor Condron stated that she serves as a member of the Place to Play Committee.

MOVED by Vice Mayor Martini, seconded by Councilmember Runyan, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.3):

RESOLUTION NO. 23817 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT WITH SONOMA COUNTY WATER AGENCY FOR FUNDING OF CARLEY ROAD DETENTION BASIN.

8.6 PUBLIC HEARING - RECLASSIFICATION - TIMOTHY ROAD APARTMENTS

Frank Kasimov, City Planner, made the staff presentation. On November 12, 1998, the Planning Commission recommended by a 7-0 vote that the Council rezone the property located at 122 Sebastopol Road from the PM (Planned Industrial) District to the R-3-18 (Multiple Family Residential)Zoning District and the C-2 (General Commercial) Zoning District. This action would bring the zoning into conformance with the General Plan. The parcel size is 2.24 acres. The rezoning would allow 18 units per acre or 36 units on the 2.0-acre residential portion of the project and a variety of uses consistent with the 0.24-acre commercial portion of the project.

Mr. Kasimov noted that a CEQA was conducted and an Initial Study was prepared. It was found that this project is within the scope of the Master EIR for the Southwest Area Plan. However, there were site-specific findings for this project that were not identified in the Master EIR. Those findings related to contaminated ground water beneath the site and a potential for vapors to rise up through the soil and into structures on top of the soil. As a result three mitigation measures were added to the Master EIR: 1) no well water can be used for this project; 2) plastic vapor barriers shall be placed beneath all structures; and 3) a soil vapor extraction system will be required. He pointed out that this is a worst-case scenario and if, in the future, site specific studies are done and these conditions are not needed, the mitigations can be revised.

Mr. Kasimov briefly referred to traffic issues which will be evaluated at the time a project is submitted.

It is recommended by the Planning Commission and the Department of Community Development that the City Council introduce an ordinance rezoning the site from the PM District to the C-2 District and the R-3-18 District.

Vice Mayor Martini referred to the Youth Build Project and said it was contentious in terms of the interface of industrial uses with residential uses. He asked for feedback as to why there was no one at the public hearing or neighborhood meeting for the subject project. Mr. Kasimov responded that while the Planning Commission denied the Youth Build project because of issues related to land use incompatibility, Council overturned that denial. He suggested Council's action may have answered the Commission's questions related to land use compatibility issues.

In response to Vice Mayor Martini, Mr. Kasimov said that if the businesses in the area to the east chose to expand, he believes that expansion would be consistent because the area is zoned both industrial and residential. He said he would have to check the policies further to be sure of this answer.

Councilmember Rabinowitsh asked when Sebastopol Road is scheduled to be widened. Vice Mayor Martini said it's not and explained why the project only goes as far as Dutton Road. Additional funds have not been found for this purpose.

Mayor Condron opened the public hearing.

Jack Osborne referred to an article which appeared in the paper three or four weeks ago regarding the shortage of manufacturing land. He opposed giving up this land for housing. He pointed out that if this project is approved it will be across from the Sears warehouse and repair shop. He questioned the feasibility of building residential units across the street from these buildings. He questioned what appears to be a turn-around in the project area. He said he does not think it is appropriate to place houses 150 feet from a railroad. He also expressed concern regarding traffic in the subject area. He closed by stating that it would be better to maintain the land for businesses.

John Lowry, Burbank Housing, pointed out that the proposal is in compliance with the General Plan. He said that he was originally skeptical about the site. However, the Youth Build project is a pleasant place and its homeowners are happy. That area is surprisingly quiet and there is less activity than might be assumed. He noted that Burbank Housing is working closely with the Santa Rosa Housing Authority in an attempt to meet the City's goal of 150 affordable rental units per year. This year that goal will be met for the first time in a long time. It will also be met next year. In order to continue that level of production, there is a need to continue to identify and develop multi-family housing. He pointed out that the proximity of the subject development to the Downtown is a plus.

Duane DeWitt said that the goal of 150 affordable units per year is not just for rental housing. He referred to his continued advocacy of home ownership in the Southwest Area, but said that building high density, low rent apartments on Sebastopol Road is not as good an idea as continuing the concept begun by Youth Build; i.e., additional owner-occupied houses. He expressed concern that Roseland gets higher density, lower-income rentals. The area is deluged with those units whereas the rest of City is not getting that same amount. He suggested that discussions be held with Burbank about home-ownership possibilities in this area and consideration be given to providing rentals elsewhere. He displayed a map of City-owned land, noting two acres off Sunridge Drive, and said this would be a perfect opportunity for the City to make an offer to Burbank Housing to reduce the density at the Southwest site and to give them two acres for affordable housing in the Northeast Area. Mr. DeWitt then noted that the stop sign at Sebastopol Road will not be installed for another two years. Neither has the railroad crossing there been repaired or upgraded. He referred to other subdivisions being developed in the vicinity which will make this a heavily impacted traffic area in the near future.

Hearing no further comments, Mayor Condron closed the public hearing.

Mr. Kasimov responded to Mr. Osborne's reference to a potential turn-around. The configuration of what will need to happen when the project is built will be put in place at the time the project is evaluated (i.e., both on- and off-site improvements).

In response to Vice Mayor Martini, Mr. Kasimov noted the location of nodes referenced in the Southwest Area Plan and pointed out that this site is very close to the Railroad Square site.

MOVED by Councilmember Runyan, seconded by Councilmember Wright, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.6):

RESOLUTION NO. 23820 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA FINDING THAT THE TIMOTHY ROAD APARTMENTS PROJECT, LOCATED AT 122 SEBASTOPOL ROAD, IS WITHIN THE SCOPE OF THE USE OF THE PREVIOUSLY CERTIFIED SOUTHWEST SANTA ROSA AREA PLAN FINAL ENVIRONMENTAL IMPACT REPORT, A MASTER EIR - FILE NUMBER REZ98-017.

MOVED by Councilmember Runyan, seconded by Councilmember Wright, CARRIED UNANIMOUSLY TO INTRODUCE AND WAIVE THE READING OF THE TEXT OF (Item 8.6):

AN ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 122 SEBASTOPOL ROAD - FILE NUMBER REZ98-017.

8.7 PUBLIC HEARING - RECLASSIFICATION - RANCHO FRANCISCO

Maureen Rasmussen, City Planner, made the staff presentation. On November 12, 1998, the Planning Commission unanimously supported a request to rezone 4.9 acres from the PRD to the R-1-2/6 District. The purpose of the rezoning is to allow for the development of 37 lots with 37 single-family detached residences and 3 second dwelling units. The project is located near the northeast corner of Francisco Avenue and San Miguel Avenue in northwest Santa Rosa.

Ms. Rasmussen displayed a copy of the location map, and pointed out its relationship to the location of the proposed Jack London School.

The General Plan designates the site as Residential: Low Density (2-8 units per acre). The proposal offers a density of 7.6 units per acre consistent with the General Plan and surrounding residential land uses.

During the public hearing the Planning Commission discussed the design of the public sidewalks and concluded that an 8-foot sidewalk with 4-foot tree wells was appropriate throughout the subdivision. The conditions were modified to reflect the Planning Commission's direction. There were no letters submitted or public appearances made in opposition to the proposal. One letter with several signatures was submitted in support of the proposal.

It is recommended by the Planning Commission and the Department of Community Development that the City Council introduce an Ordinance to rezone the site at 2195 San Miguel and 2190 Francisco Avenues.

Mayor Condron opened the public hearing.

Mike Kurty, Architect, discussed several of the design amenities of the project. Four different house plans, each with two different elevations, are proposed. Three of the lots are proposed with second dwelling units. He pointed out Lots 23, 30 and 37 and said they would each accommodate a 500 square-foot second dwelling unit at the rear of the lot. He showed an elevation of the second dwelling unit. He discussed the roof lines, garage setbacks, and porches. He also briefly reviewed the lotting pattern.

In response to Councilmember Rabinowitsh, Ms. Rasmussen explained that the signs which are placed at the end of the existing subdivisions are not required by Council policy but are conditions of approval attached to subdivisions when there is a potential for a street to connect.

Councilmember Evans noted that the design of a small lot subdivision must be very sensitive as to what the streetscape will look like and noted that in this case it is very nice.

Councilmember Vas Dupre asked that the Child Care Action Plan formula be addressed. Councilmember Evans responded that in the Youth and Family Element of the General Plan there is a requirement for a development such as the one proposed to include information regarding the number of child care spaces that will be required by the number of people living in the subdivision.

Councilmember Vas Dupre asked how the proposed subdivision will come together in light of the earlier Study Session related to safety and, in particular, regarding Francisco Avenue. Ms. Rasmussen explained that the subject project will complete the section along Francisco Avenue. There is a remaining 500-foot gap. The issue related to the proposed Jack London School will most likely address the completion of that sidewalk along the easterly side of Francisco Avenue. She confirmed that the water and sewage needs have been taken into account for this project.

Chuck Regalia, Deputy Director of Community Development Planning, referred to the information related to child care. He said that the purpose for including this information in the staff report is to show what child care needs are being developed. Council can then use this information for future discussion. This information has been provided for about 1.5 years. He indicated that he will explain the formula in a separate report.

Jack Osborne expressed concern regarding the proposed 40 units. He said that they equate to more than 8 units per acre. He also said that he thought this area was scheduled for in-fill development. He expressed concern regarding the second dwelling units, questioning how the requirement for the owners to reside in them can be met.

Hearing no further comments, Mayor Condron closed the public hearing.

Ms. Rasmussen addressed the second dwelling unit requirements. She displayed an excerpt from the applicable Government Code section which does not allow jurisdictions to count second dwelling units in the density. Therefore the density is correctly noted as 7.6 units per acre. She pointed out that prior to issuance of a building permit, the developer is required to provide/attach a document to the deed notifying the future owner that he/she is required to occupy one of the residents. The City Attorney would either enforce this requirement punitively or through the City's Zoning Enforcement Officer. In other words, they would respond to complaints. This language is contained in the deed restriction.

MOVED by Councilmember Wright, seconded by Vice Mayor Runyan, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.7):

RESOLUTION NO. 23821 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED REZONING OF PROPERTY LOCATED AT 2195 SAN MIGUEL AVENUE AND 2190 FRANCISCO AVENUE - FILE NO. MJP98-007.

MOVED by Councilmember Wright, seconded by Vice Mayor Martini, CARRIED UNANIMOUSLY TO INTRODUCE AND WAIVE THE READING OF THE TEXT OF:

AN ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 2195 SAN MIGUEL AVENUE AND 2190 FRANCISCO AVENUE - FILE NUMBER MJP98-007.

8.8 PUBLIC HEARING - PROPOSED USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS

Michael Dunbaugh, Chief of Police, made the staff presentation. The Omnibus Fiscal Year 1998 Appropriations Act provides funds for the implementation of the Local Law Enforcement Block Grants Program, to be administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The purpose of the Local Law Enforcement Block Grants Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety.

Application requirements include the establishment of an advisory board to review the application. This board must be designated to make non-binding recommendations for the proposed use of funds received under this program. In addition, the unit of local government must conduct at least one public hearing regarding the proposed use of the funds. The total amount available for the City of Santa Rosa is $154,769. The cash match for the City is $19,107.

The proposed use of the funds includes: enhanced security at the Public Safety Building and to procure equipment and technology for the Police Department.

It is recommended by the City Manager and the Chief of Police that the City Council, by resolution, approve the non-binding recommendation of the Local Law Enforcement Block Grants Program Advisory Board for grant funds and that these funds be used to enhance security at the Public Safety Building and to purchase various technical and equipment items.

In response to Councilmember Runyan, Chief Dunbaugh briefly discussed the ways in which tape recorders are used by officers and noted that the use of tape recorders has proven to be extremely useful in other communities. Chief Dunbaugh added that it is hoped video systems can be used in two patrol vehicles, primarily for training purposes.

Mayor Condron opened the public hearing.

Duane DeWitt explained why he believes these funds should be used to install a 24-hour video recording system in the lobby in the Public Safety building if one is not already in place. He discussed a complaint he heard when the Civil Rights Commission was in Santa Rosa related to a shooting in the Public Safety Building and pointed out that there is no way to reconstruct an incident without a recording system.

Hearing no further comments, Mayor Condron closed the public hearing.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Wright, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF:

RESOLUTION NO. 23822 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE RECOMMENDATION OF THE LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM ADVISORY BOARD FOR USE OF BLOCK GRANT FUNDS.

9. MAYOR'S/COUNCILMEMBERS' REPORTS

MOVED by Councilmember Wright, seconded by Vice Mayor Martini, CARRIED UNANIMOUSLY TO ADD ITEM 9.1 TO THE AGENDA.

*9.1 REPORT - PATRICK'S LAW - CONSIDERATION AND LANGUAGE APPROVAL

Mayor Condron referred to the comments she made at the last Council meeting and said this issue was discussed at the County-wide meeting of the Mayors at which time interest was expressed in proceeding with the development of language for their support. As a result, the City Attorney was asked to develop that language.

Mr. Chouteau displayed a draft of the proposed legislation. He referenced Assemblywoman Strom-Martin's approach of seeking State funding. The proposed language would be compatible with that approach and would also address the issue in another way; i.e., to require that before a School Board commences construction of a new school, the Board develop a plan as to how the children will get to the school safely. In addition, they will be required to conduct a public hearing related to that plan to involve the community. The plan would then be approved by the School Board and referred for approval to the various entities that have jurisdictions over roads within the area of attendance.

Councilmember Evans asked for clarification regarding the legal definition of streets and highways and asked if sidewalks are included in that definition. Mr. Chouteau said that the definition does not, in and of itself, included sidewalks. Sidewalks may be one method of providing a safe route of travel, as would paths. In county areas that are remote from cities there may be no paths or sidewalks; there would just be a plan for bussing all students and prohibiting them from walking or riding a bicycle. While this option would not apply in Santa Rosa, it would apply in remote areas. Councilmember Evans said her question relates to subsection (d), entities which have jurisdictions over streets and highways. Mr. Chouteau said that if a sidewalk is present, the legal definition would include that; however, it doesn't guarantee the installation of a sidewalk.

Councilmember Evans referred to subsection (a) and said that it appears, from what Council has been hearing, the plan that is developed to provide necessary means to assure safe travel to and from school is often bussing or relying on automobile travel (i.e., parents transporting the children). That doesn't address the need; i.e., the ability for a child to get to and from school safely on his or her own. Mr. Chouteau said that is the reason for the language contained in the fourth subdivision.

Councilmember Evans said that a question was raised when she discussed the proposed language with Assemblywoman Wiggins as to who would pay for the improvements that may be required under subsection (d); i.e., will it be the School District, City, County, State, developers, etc.? This question has been raised by this language but is not addressed. Mr. Chouteau explained that it is not specifically addressed in the statute. The statute provides a vehicle for answering that question. However, each situation is unique to a school and must be answered before the school is built. Mr. Chouteau confirmed that the proposed language will leave it up to the jurisdiction that has the immediate authority and that is really impacted. Mayor Condron added that the proposed language will at least force the development of a plan prior to the building of a school.

Councilmember Evans said that the one thing she believes the proposed language lacks is inclusion of the purpose: i.e., allowing students, and other people, to walk to and from a school safely. Mr. Chouteau indicated that a statement of purpose to this effect could be added. That language would not usually be part of the code section, but could be contained in a separate section in the bill. He concurred it would be appropriate to add that statement to the proposal for submission to the State.

Mayor Condron noted that there is agreement to submit the proposed language to the Mayors/Councilmember's group at the next meeting. In addition, she said she assumes the Council wants to proceed with submitting the language to the City's legislators as soon as possible.

A brief discussion followed regarding the timing of submitting this language to the legislators. Mayor Condron stated her preference to proceed with submitting it now with Council's support. It was noted that the next Mayors/Councilmembers meeting is January 14.

MOVED by Councilmember Wright, seconded by Vice Mayor Martini, TO APPROVE THE PROPOSED LANGUAGE IN CONCEPT AND TO DIRECT STAFF TO FORWARD IT TO THE APPROPRIATE COUNCILS/LEGISLATORS AS SOON AS POSSIBLE.

Councilmember Evans asked if preemption issues, overlapping jurisdiction issues, etc. have been taken into consideration. For example, citizens may consider that the City should have taken action, although the City is not able to do so if an area is in the State's jurisdiction. Mr. Chouteau concurred that these issues will arise, but noted that once the State legislator has acted on this matter, they will have resolved most of the related problems by making this a State law.

THE MOTION PASSED BY A 7-0 VOTE.

Mayor's/Councilmembers' Reports

Vice Mayor Martini said that, at the request of the Oakmont Village Association, he has attended meetings with members of that body as well as with Transit and Parking staff regarding the potential for a circulation bus route in the Oakmont community. Such a route would be subsidized by the Homeowners Association and would have connections to other existing Sonoma County and City lines. Grant dollars have been pursued to purchase a smaller bus that would be used specifically in that area and would operate on natural gas. Other issues are still being worked out (fare structure, scheduling, etc.) and will come before the Council at a public hearing in March as part of the Short-Term Transit Plan.

Councilmember Rabinowitsh discussed the intern program which Council can participate in with students from either Sonoma State University or the Junior College. He said he has chosen a graduate student in the Political Science program at Sonoma State University to work with him. He said it would be possible for Council, if they advertised through Sonoma State, to have an intern from the Public Administration, Political Science, or Environmental Design Departments work with them one-half to one day a week. He asked that Council notify him of their interest in pursuing this as soon as possible since he must notify the University prior to the start of the next semester. His intern is investigating budget information from other cities. Councilmember Evans indicated her interest and said she will meet with him to discuss this further. Councilmember Rabinowitsh confirmed that there is no funding involved with this opportunity.

Councilmember Vas Dupre said she had an opportunity to attend the Bicycle Advisory Committee meeting yesterday. She stated for the public that there is a subgroup called the "Bike Elves" who have a relationship with the Santa Rosa Police Department such that when bicycles are not claimed, the Elves obtain them, service them, and give them back to the youth in the community. She said this program will be broadcast on Channel 70 (i.e., the In Focus program). The Bicycle Committee is also moving forward with several bicycle paths. She noted that one of the recommendations made is that the bicycle plan would incorporate grading that would provide for a full view when leading into a tunnel. She said the Committee appreciates being involved as these proposals move forward and noted that they are trying to form an advocacy group. She also noted that they appreciate the recognition they have been given by the Council.

Mayor Condron referred to the Team Building sessions which Council has attended in the past and indicated that the next one is scheduled for June 2- 4 in Los Altos. After a brief discussion, Council consensus was to participate in this session.

Mayor Condron noted that Council has been provided with a list of her recommendations for Committee Chairpersons for 1999. This item will be placed on the next Council agenda for ratification.

A brief discussion followed regarding the Council's annual goal-setting session. With Council consensus, February 13, from 9:00 a.m. to 2:30 p.m. was chosen for that purpose.

9.2 ANNOUNCEMENT OF CLOSED SESSION TOPICS

Mr. Chouteau announced the following Closed Session topics:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code Section 54956.9)

Name of Case: Alexander Valley Association v. City of Santa Rosa

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivisions (b and c) of Government Code Section 54956.9: Two potential cases

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Property: 521 Seventh Street (APN 010-035-033)

Negotiating Parties: City of Santa Rosa and Robert Fischer

Under Negotiation: All Terms of Possible Lease, Sale and Other Acquisition of Interests in the Real Property

10. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

10.1 COMMUNICATION - Planning Commission re: Church of One Tree Relocation.

Mr. Blackman pointed out that the subject site is occupied by three commercial buildings. To use it would involve high relocation costs which are not part of the budget. Following a brief discussion, Council concurred that a subcommittee consisting of Vice Mayor Martini and Councilmember Runyan, two Planning Commissioners, and two members of the Board of Community Services will be established to review this matter and to return to Council with recommendations.

10.2 COMMUNICATION - D. Strom re: Air Center East.

Mr. Blackman will meet with the Water Quality Control Board regarding some of the issues raised in this letter. In addition, the Planning staff will be requested to respond to the questions related to the EIR.

10.3 COMMUNICATION - J. Hiabs re: Neptunes - Proposed Privileged Hours at Finley Pool.

This item was provided for informational purposes only.

10.4 COMMUNICATIONS - Re: Safety Needs - Elsie Allen High School Area.

This item was provided for informational purposes only.

10.5 COMMUNICATIONS - Neptune Swim Team Letters of Appreciation.

This item was provided for informational purposes only.

10.6 COMMUNICATION - Community Media Center of Santa Rosa re: Annual Audit and Year in Review.

This item was provided for informational purposes only.

At this time Mayor Condron permitted Duane DeWitt to address the Council regarding the Audit.

Mr. DeWitt said that he was the President of the Santa Rosa Sister City Organization this year. He referred to the information from the Community Media Center which points out that the Center won a first Place Award for a television program entitled "As We See It." This was a talk show with Cherkassy teenagers who visited Santa Rosa and spoke with Santa Rosa teenagers. The show was moderated by Alex Stone, a teenager at Montgomery High School, who is a reporter for KSRO Radio. Mr. DeWitt said this was the first award received by the Community Media Center and suggested that this effort be recognized by Council somehow. He suggested that the Media Center broadcast this program again.

Mayor Condron concurred that whenever teenagers accomplish something in common such as this it is worthy of recognition.

10.7 COMMUNICATION - Montgomery Village re: Need for Traffic Signal at Montgomery Drive and Hahman Drive.

This communication will be forwarded to the Traffic Engineer.

10.8 COMMUNICATION - J. Klehs, Board of Equalization, re: Property Tax Assessment.

This item was provided for informational purposes only.

10.9 COMMUNICATION - S. Marchetti re: Warehouse Construction - Apollo Way.

This item was provided for informational purposes only.

10.10 COMMUNICATION - S. Craigie re: Request for Addition to NWSR Annexation 2-97.

This will be referred to Community Development for evaluation and will be brought back to Council if expansion of the area is appropriate.

10.11 COMMUNICATION - R. De La Torre re: Santa Rosa Community School Student Council Leadership Association Recognition.

This item as provided for informational purposes only.

10.12 COMMUNICATION - Sonoma County Water Agency re: MTBE Sampling.

This item was provided for informational purposes only.

10.13 COMMUNICATION - G. Bessone re: Need for Student Safety at Future New Schools.

This item was provided for informational purposes only.

10.14 COMMUNICATION - Spangenberg & Associates re: Request for Further Reconsideration of Rincon Valley Mobile Estates' Capital Replacement Pass-Through.

This item was provided for informational purposes only.

10.15 COMMUNICATION - P. Hobson re: Congratulations to Council on Manner in Which Council Meetings are Conducted.

This item was provided for informational purposes only.

ADJOURNMENT TO CLOSED SESSION

Hearing no further business, the Mayor adjourned the meeting to a Closed Session at 6:45 p.m.

ADJOURNMENT

There being no announcements to make after the Closed Session, the Mayor adjourned the meeting to the next regularly scheduled meeting to take place on January 5, 1999, at a time to be set by the Mayor.

12/22/1998