SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 4, 1999
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING

2:30 P.M. - STUDY SESSION - MAYOR'S CONFERENCE ROOM

1. CALL TO ORDER AND ROLL CALL

Mayor Condron called the meeting to order at 2:30 p.m. Mayor Condron, Vice Mayor Martini, and Councilmembers Evans, Rabinowitsh and Runyan were present at Roll Call. Councilmembers Vas Dupre and Wright were seated at 2:35 p.m.

2. CAPITAL IMPROVEMENT PROGRAM (CIP)

City Manager Ken Blackman made the staff presentation. The five-year Capital Improvement Program (CIP) was brought before the City Council CIP Subcommittee (Councilmembers Rabinowitsh and Runyan) on two occasions. The Subcommittee has provided staff with direction on the types of projects to be included in the CIP.

The purpose of this Study Session is for the full City Council to provide staff direction on desired program modifications and forward the program to the Planning Commission for a "Finding of Consistency" with the General Plan.

Mr. Blackman reviewed the following Subcommittee recommendations and discussed some of the Subcommittee's concerns.

Information related to unencumbered General Fund and Gas Tax Projects as of April 6 was distributed and is on file in the office of the City Clerk. Mr. Blackman reviewed some of those projects and said that of the recommendations contained in the program, there are two that are considered "large dollar" items: the City Hall seismic upgrade project and the animal control shelter. Mr. Blackman discussed the different options taken into consideration by a Task Force related to animal control needs. Members of the task force are in the process of preparing recommendations.

Discussion followed regarding the CIP projects listed by General Fund Department.

In response to an inquiry by Councilmember Evans related to the Traffic Signal Project (#8173) at Fountaingrove Parkway and Altruria Drive, Rick Moshier, Deputy Director of Public Works Engineering, explained that the City received about $175,000 in development fees for traffic signals and due to needs identified for pedestrian related signals, all of that $175,000 and about $425,000 of gas tax money is being programmed to pay for new signals.

Mr. Blackman referred to the Walkways for School Pedestrians Project (#8163) and noted that the amount contained in the CIP is in addition to the $4 million already budgeted by Council for school pedestrian needs. A brief discussion followed regarding the need for pedestrian flashers at Spring, Talbot, and Junior Streets (and Alderbrook). It was suggested that two flashers be installed during the next fiscal year, and that the effectiveness of those flashers be monitored. Then, if necessary, two additional flashers can be installed the following fiscal year.

Councilmember Vas Dupre noted the requests Council has received for the installation of a traffic signal at 6th and Davis Streets. Mr. Blackman noted that this project is included on the list of Citizen Advocacy Projects. Councilmember Runyan noted that Jim McKee was one of the citizens interested in this project. Mr. McKee attended one of the Subcommittee meetings, at which time he was made aware of the process.

Mayor Condron noted requests she has received from the Council on Aging. Mr. Blackman indicated that one request is to modify an existing contract with the City. He said it is his intent to bring this request back to the Council prior to the commencement of the budget hearings. The other request relates to a $20,000 contribution from the City. Mr. Blackman suggested that the most feasible time to bring this request forward is during the consideration of Community Promotion Funds by that committee. He briefly discussed the policy of the Community Promotion Funds Committee.

Sue Lyon expressed her concerns related to the need for a traffic signal at Fountaingrove Parkway and Round Barn Boulevard. Mr. Blackman explained the requirement for AVE (Arterial Vascular Engineering) to install that signal prior to the issuance of another building permit. In addition, staff has suggested to AVE management that it would be to AVE's advantage to install that signal at this time. They indicated that they would take this suggestion under consideration and notify the City of their decision.

A brief discussion followed regarding the Swim Center Renovation Project (#5741) and the Miscellaneous Library Improvements Project (#8710), during which staff discussed the improvements that are necessary. Mayor Condron said she received a telephone call related to handicap access at the Coddingtown Library. It was noted that that project is funded for next year in the General Services budget.

A discussion followed regarding the need for the City Hall seismic retrofit. Mr. Blackman discussed several aspects of this project and noted that it should have been completed before now.

There was additional discussion related to the need for an animal control shelter. While the County would be willing to work with the City in providing enforcement services, they do not have room to impound the animals.

The effectiveness of photo red light enforcement was discussed. Public Works Director Roz Daniels indicated that it would be possible for the City to install the photo red light systems at State intersections. However, to do that, staff would have to obtain encroachment permits from the State.

The Fire Department CIP Projects were discussed in detail.

Mr. Blackman referenced the Citizen Advocacy Projects list, pointing out that the subcommittee reviewed the projects and included some of the requests in the budget, while the others were not included. He noted that a new senior center will be difficult to fund. He pointed out that there has been a great deal of discussion at the Council level related to the relocation of the Church of One Tree. That project has been partially funded. He explained that the City Vision and "Know Your City" requests have been deleted from the CIP and have been included in the Council budget for consideration during the budget process. Councilmember Runyan added that the Citizens Academy has also been included in the Council budget.

In response to Donna Strom, Mr. Blackman indicated that a fire station on Northpoint Parkway has not been included in the 1999-00 budget.

Mr. Blackman then reviewed the Citizen Advocacy Projects which are being recommended for funding. There was additional discussion regarding the feasibility of the City funding the Fountaingrove/Round Barn Boulevard traffic signal based on development funds that will be received. Mr. Blackman indicated that he will contact AVE within the next two to three months to find out whether they have made a decision related to this matter. He will then bring this issue back to Council.

Mr. Blackman said that the unencumbered General Fund and Gas Tax Projects are at various stages and Council has discretion in acting on these projects. In response to Councilmember Evans, he indicated that the $2,518,485 for the Automated Communications System Project (#8913) is the City's match. It was noted that other agencies are involved in this project (the County, other cities, and schools). Mr. Blackman further explained that the amounts contained in the list of unencumbered General Fund and Gas Tax Projects is in addition to the amounts indicated on the CIP Projects by General Fund Department recap. For example, the CIP Projects list indicates a need for $2,200,000 for the City Hall Seismic Retrofit project. The $540,000 included on the Unencumbered list is in addition to that amount.

In response to Councilmember Evans, Ron Bosworth, Deputy Director of Administrative Services, explained that the Improvements to City Facilities Project (#4054) refers to miscellaneous repairs (roof, siding, etc.).

Following additional discussion related to the relocation of the Church of One Tree, Council indicated that they would like this matter brought back to them for further discussion.

At this time, Mr. Blackman reminded Council that the purpose of this Study Session is to obtain a Finding of Consistency of the CIP with the General Plan. This finding must be made prior to the public hearings which will be held in June. He explained that Council could include in the consistency finding all of the projects as recommended, but that they could then choose not to proceed with some of the projects.

Councilmember Evans indicated that although she does not want the animal control shelter deleted from the list, she is concerned about the amount allocated (i.e., almost 25% of this year's CIP). Mr. Blackman responded that Assistant City Manager Marc Richardson is on the Task Force for this project and in working with the County, it has been determined that the estimated amount is a reasonable one. It was noted that Council will receive a report on this matter prior to the budget sessions. Mr. Blackman discussed the history leading up to the City's implementation of an animal control ordinance. He noted the number of animals picked up during the year, and said that recently attention has been given to exotic animals. Following additional discussion, it was noted that Mr. Richardson will be providing Council with a report including information about possible options and various funding sources.

Councilmember Wright discussed the need to hold a Study Session to further discuss the funds earmarked for facility modifications at all fire stations as well as for the relocation of the Fire Department headquarters. Mr. Blackman noted that the projected need for the Fire Department headquarters is based on the growth of the Police Department and what has occurred with that facility. He indicated that staff is not asking for approval of this project at this time and acknowledged that a great deal of discussion will be required related to it. While what is before Council is a five-year CIP, the funding is approved one year at a time.

Councilmember Rabinowitsh indicated that when Council holds a Study Session related to the Fire Department, it should be all-inclusive. The Council Subcommittee did not get into details regarding these needs. A Study Session regarding Fire Department needs will be scheduled.

In response to Councilmember Vas Dupre regarding the Downtown Pedestrian Linkage Project (#8166), Mr. Moshier explained that a local match has been found and Redevelopment Agency funds can be used for this project. The project will move forward, but funds for the local match will come from a source other than the General Fund.

Discussion followed regarding the Underground Fuel Tank Upgrade Project (#5923) during which Mr. Moshier explained that these funds are used to upgrade orphan tanks; i.e., those which the Water Quality Control Board indicates are the City's responsibility. He explained why there is no other source of funding for this purpose and noted that the City has inherited the problems related to these tanks because they are in the City's right-of-way.

Councilmember Evans asked for clarification regarding the Hearn Avenue Aqueduct Project (#8135) and the MSC Equipment Parking Project (#8704). Mr. Moshier explained that the Hearn Avenue Aqueduct Project has been completed. Mr. Bosworth added, however, that those funds have not yet been counted. Mr. Lindsay, Director of Finance, explained the need for the MSC Equipment Parking Project. That parking lot was built in 1972. It is an area where equipment is stored and it has not been upgraded since it was built. The money for this project has been in the budget for two years.

Additional discussion followed regarding the need to modify the Fire Department facilities, as well as regarding the current staffing levels (i.e., number of female vs. male firefighters). Bart Lewis, Deputy Fire Chief, explained that the project is being phased in such as to deal first with the restroom facilities, followed by the dormitory needs. Fire Chief Tony Pini referenced the national trend which indicates that the lack of female firefighters is directly related to the lack of appropriate facilities. Councilmember Vas Dupre asked for documentation reflecting previous Councils' positions related to this issue. She stated her concern about the amount of money being allocated for this project in light of the other needs of the City. She concurred with Councilmember Evans that there is a need to work toward recruiting more female firefighters.

In response to Councilmember Vas Dupre, Mr. Rust and Mr. Montgomery clarified what the Fountaingrove Community Park and Skyhawk Neighborhood Park projects will involve and the reasons for the difference in the amount of funding requested.

Mr. Blackman reminded Council at this time that projects which are less than $100,000 are included in the operating budget rather than the CIP.

Discussion followed related to the sources of funding for bicycle paths. Councilmember Evans said that she would like to receive a comprehensive list of bicycle paths being planned. It was noted that this discussion could be part of the Study Session related to the Bicycle Master Plan. Mr. Moshier confirmed that the funding source for the Off-Street Bicycle Path Project (#8108) is the Capital Facilities Fee Fund (CFF). Staff believes the amount requested for 1999-00 is needed for the repair of existing paths and as a local match for the Santa Rosa Creek and Colgan Bike Path grants. It was noted that there is a significant problem with bicycle paths wearing out as a result of the expansive soil. Councilmember Rabinowitsh suggested consideration should be given to designating 5% of the CFF toward the construction of bicycle paths as well as toward repairs. Mayor Condron reiterated an earlier comment that this discussion can be held during the Bicycle Master Plan Study Session.

Vice Mayor Martini suggested that the list of Citizen Advocacy Projects, the list of CIP Projects by General Fund Department, and the list of Unencumbered General Fund and Gas Tax Projects as of April 6, 1999, be included along with the recommendations of the subcommittee as part of the consistency determination and that these items be brought back to Council as part of the budget process.

In response to Councilmember Wright, Ms. Daniels indicated that the estimate for the traffic signal at Fountaingrove Parkway and Altruria Drive should be increased to $150,000 on the list of Citizen Advocacy Projects. The $100,000 indicated on the list did not originate in her department and is not adequate.

Mayor Condron provided citizens with an opportunity to speak at this time.

Ms. Lyon referenced earlier again asked Council to consider moving forward with the installation of the traffic signal at Fountaingrove Parkway and Round Barn Boulevard rather than waiting for AVE to take that step. She discussed her concerns related to the hazards at that intersection, noting that there are currently 2,000 employees working for AVE. She asked whether the City has flexibility and can use other funds for this signal since staff is aware that the City will be reimbursed for the cost. Mayor Condron said staff will take this suggestion into consideration.

Ms. Strom explained why she believes the City is obligated to build a fire station on Northpoint Parkway and expressed her disappointment that funds for this purpose are not included. She suggested that development fees should fund most of the costs.

Following a brief discussion, Mayor Condron said that this matter should be discussed along with the other Fire Department issues. Mr. Blackman discussed the types of funding for fire stations which have been used in the past. Councilmember Evans questioned why the impact fees couldn't include funding for this purpose. This is another matter that will be discussed during a Fire Department study session.

The CIP will be forwarded to the Planning Commission for a "Finding of Consistency" with the General Plan, the list of Citizen Advocacy Projects, the list of CIP Projects by General Fund Department, and the list of Unencumbered General Fund and Gas Tax Projects as of April 6, 1999.

The Study Session adjourned at 3:55 p.m.

4:00 P.M. - CITY COUNCIL CHAMBER

1. ANNOUNCEMENT OF ROLL CALL

Mayor Condron called this portion of the meeting to order at 4:08 p.m. and announced Roll Call as indicated earlier in the minutes.

2. REPORT ON STUDY SESSION

Mayor Condron stated that Council held a Study Session to consider recommendations from the Capital Improvement Program (CIP) Subcommittee. The CIP and recommendations will be forwarded to the Planning Commission for a consistency determination with the General Plan.

3. PROCLAMATIONS/PRESENTATIONS

3.1 PRESENTATION - TEEN COUNCIL RECOGNITION

Amber McCarthy, representing the Teen Council, introduced Amber Miller, a Sophomore at Elsie Allen High School, who received a Teen Council Recognition Award. Ms. McCarthy discussed Ms. Miller's outstanding qualifications and said that she is receiving this award because of her strength and motivation. Ms. Miller is a participant in the Youth 2000 School to Career Program at Elsie Allen High School.

3.2 PROCLAMATION - WATER AWARENESS MONTH

Virginia Porter, Water Conservation Manager, received a proclamation proclaiming May 1999 as Water Awareness Month. Ms. Porter discussed actions being taken by the City in honor of Water Awareness Month. The Annual Leak Detection Kit will be mailed to all residents. This mailing will also include information regarding the City's Water Conservation web page. Council will acknowledge the winners of the Annual Water Awareness Poster Contest Month at their meeting of May 18. The first Downtown Market on May 26 will feature water efficient landscaping and irrigation, and free drought-resistant plants will be given to the first 200 visitors.

Ms. Porter said that after a four-year effort, the City has reached a one million gallon per day goal in reduced water use and wastewater flow in Santa Rosa. Approximately 1/4 of the City's utility customers participated in reaching this goal. She noted that the City came in under budget for this program. The program is being extended to reach further into the commercial/industrial sector so savings will be rolled over into the new programs. She introduced "Ribbet," the Rebate Frog. She noted that while some of the focus is changing (i.e., to reduce the peak demand), this effort is not over. She briefly discussed the new measures planned for 1999.

3.3 PRESENTATIONS - ANNUAL WATER CONSERVATION AWARDS

Board of Public Utilities Chairperson Dick Dowd introduced the winners of the Annual Water Conservation Awards. The following recipients were chosen for these awards not only for their exceptional contributions to water conservation, but because they played a key part in the success of the "Go Low Flow" program: James Landa, Empire Waste Management; Jon Schutz of Super Service Plumbing; Fiona and Julio Sanchez of CTSI Corporation; Kathryn Baker (was not in attendance), Baker & Associates; and Keri Olin and Dan Kahane on behalf of Ellen Dowling, SCWA (Sonoma County Water Agency). Mr. Dowd said that for the past three years, Ms. Dowling has produced the educational calendar using the winning posters.

3.4 PRESENTATION - CHERKASSY

Fred Ptucha discussed the history and accomplishments of the Sister Cities Program during the twelve years since its inception. In 1999, in large part because of the groundwork set by the establishment of a Women's Center, the Sister Cities Program was asked to submit a request for proposal and a $50,000 grant from the State Department was received to be applied to a domestic violence prevention program in Ukraine. Police Chief Michael Dunbaugh and Lisa Carreno, YWCA Women's Shelter Director, made a two-week visit to Cherkassy to work with the Women's Center there. He commended Chief Dunbaugh for the success of his efforts in Cherkassy.

Mr. Ptucha distributed a letter from the Sister Cities organization requesting support from the Council in the following issues: 1) a waiver of the present requirement for a $500,000 general liability insurance policy and to provide coverage under the City's policy; 2) provision of $5,000 annual funding for the Sister Cities Organization as part of the City's annual budget; 3) authorize staff to make these professional working visits on a paid leave of absence so they do not have to use their vacation time; and 4) extend an invitation for a limited number of professionals from the city governments of Cherkassy and Pukcheju to come to the City of Santa Rosa for "professional working visits." He asked Council to give these requests favorable consideration.

Cynthia Gallaher, President of the Santa Rosa Pukcheju Sister City organization, discussed the history and focus of this organization. Each year 10 high school students are sent to Pukcheju. She discussed the importance of the exchange program. The program in Pukcheju is completely funded by that City and they remain committed to the program despite their recent economic difficulties.

Mr. Ptucha said that the U.S. Ambassador in Kiev stated that in his professional opinion, it is the hundreds of small programs such as these Sister Cities ones that will enable the Ukrainians to make the difficult transition to a democratic society.

3.5 PROCLAMATION - BETTER HEARING AND SPEECH MONTH

This item was continued to the meeting of May 11, 1999.

4. CITIZEN PUBLIC APPEARANCES

Robert Bill discussed his concerns related to the advertisement of the Mayors Prayer Breakfast and the implication that it is sponsored by the City. He questioned the failure of other Councilmembers to speak out in opposition to this breakfast.

Geoff Johnson displayed a copy of the ad which was published in the Press Democrat regarding the Prayer Breakfast, stated his concurrence with the previous speaker, and discussed his concerns regarding this matter (failure by Council to repudiate the ad, issues related to Constitutional separation of faith and government, potential violation of Brown Act, etc.).

Jack Osborne also referenced the Mayors Prayer Breakfast and expressed his belief that it is inappropriate to use the Mayor's name for this purpose. He referred to the City's policy related to announcing abstentions prior to the commencement of the meeting and asked Council to change their current procedure accordingly. He referred to the upcoming proposed change to Council's procedures and discussed the infeasibility of setting meetings to be held at noon or after. He noted that construction is underway to lower Highway 12 and said he doesn't think the construction will improve the visibility of the Calloways intersection. He expressed his hope that disposal rates will not be increased to obtain money for the homeless.

Linda Picton referred to events of the last week, particularly the tragedy in Littleton, Colorado, and expressed concern about the attitude of United States residents that they "deserve a lot" and that this is a Christian nation. She noted the importance of remembering other religious cultures in this community.

Sonia Taylor acknowledged and commended Maurice Magsamen who is retiring on Friday, for his involvement in the City of Santa Rosa. She then expressed her concerns related to the following businesses: Marie Callender's Restaurant for three illegal banners that are in place constantly; Nichols Liquor for an illegal large yellow banner which is visible from the corner of Chanate Road and Mendocino Avenue; Senior Housing for an illegal large banner on North Street ("For Rent Now); Santa Rosa City Firefighters for placing illegal placards all over the City for an upcoming event. She suggested that if two new employees are added for Code Enforcement purposes, attention be paid to the illegal signs.

Duane DeWitt, Santa Rosa resident, discussed the importance of keeping the balance related to the separation of Church and State. He also discussed the importance of focusing on those people who have the least; i.e., helping all people at all levels. He displayed a newspaper article and referred to the increase of the price of houses in Southwest Santa Rosa. He expressed concern that people from as far away as Foster City are purchasing these houses when there are not enough houses for the City's current residents.

Terry Hilton updated Council on the 10th Annual Community Awards Banquet which was held last Saturday. He thanked Council for their support of this event. He referred to the Self-Esteem Scholarship which will be renamed for Ann Englar. The fund has been established with $500. Like contributions are being requested. He asked for direction as to how to involve the City in this contribution. He said the Southwest Business Association met last week and discussed the need for a library in that area. He asked the Council to encourage the City, County and School District to work together to build a library at Elsie Allen High School.

Mayor Condron responded to some of the previous comments. She referenced her statements at the previous Council meetings, and restated, that the Mayors Prayer Breakfast is not sponsored by the City. She was asked to attend and participate on a personal level and she agreed to do so. She said she will request staff to investigate the illegal banners and placards referenced by Ms. Taylor. She pointed out that Council has not traditionally funded requests for scholarship funds, but indicated that Mr. Hilton could provide Council with a written request for their consideration.

Vice Mayor Martini said that the Council supports the separation of the Church and State and the City is not participating in the Mayors Prayer Breakfast. He discussed his concerns, however, that becoming a Councilmember should not prohibit that person from expressing publicly his or her faith and beliefs. He stated that while he does not necessarily share the same beliefs, he would defend Mayor Condron's right to participate in the breakfast. Councilmember Runyan echoed Vice Mayor Martini's comments. He also stated that the Prayer Breakfast is not a City function.

City Attorney Rene Chouteau said that it appears that a majority of the Council in their individual capacities will attend the breakfast. They are free to do so under the terms of the Brown Act, although it is important that the Council not discuss City business. He pointed out that this event was organized and named by private citizens. The City was not a participant. The use of the term "Santa Rosa Mayors Prayer Breakfast" referred to the fact that Mayors throughout the County were invited to this event, which was to occur in Santa Rosa. The title was not a direct reference to Mayor Condron.

Councilmember Rabinowitsh added for clarification purposes that Council did not vote to either support or endorse the event. Mayor Condron added that she is not receiving City funds for the event.

5. APPROVAL OF MINUTES - Joint Meeting with Santa Rosa City School Board of March 29, 1999 and Council Meetings of April 20 and 27, 1999.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Evans, CARRIED BY A 4-0-3 VOTE (Vice Mayor Martini and Councilmembers Runyan and Wright abstaining because they did not attend) TO APPROVE THE MARCH 29, 1999, MINUTES OF THE JOINT MEETING WITH THE SANTA ROSA CITY SCHOOLS BOARD AS PRESENTED.

MOVED by Councilmember Wright, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO APPROVE THE APRIL 20, 1999, MINUTES AS PRESENTED.

MOVED by Councilmember Wright, seconded by Vice Mayor Martini, CARRIED BY A 6-0-1 VOTE (Councilmember Evans abstaining because she did not attend) TO APPROVE THE APRIL 27, 1999, MINUTES AS PRESENTED.

6. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

Because she was absent from the previous meeting, Councilmember Evans stated that she would be abstaining from Items 7.1, 7.3, 7.4, 7.5, and 8.1. See discussion prior to Item 7.2, regarding Vice Mayor Martini's abstention on that item.

7. CONSENT ITEMS

Mr. Blackman said that a motion is required to add Item 7.6 to the Agenda. Staff was just notified last Friday by the Energy Commission that a resolution is needed by this Friday in support of the City's application.

MOVED by Vice Mayor Martini, seconded by Councilmember Wright, CARRIED UNANIMOUSLY TO ADD ITEM 7.6 TO THE AGENDA.

7.1 ORDINANCE ADOPTION - APPROVING DEVELOPMENT AGREEMENT - AMY'S KITCHEN

This is the final action approving a Development Agreement for Amy's Kitchen.

Mr. Chouteau explained that a change in some of the language dealing with the neighborhood park was made. The original Development Agreement referenced the agreement in which Amy's Kitchen agrees to contribute its share of construction of the park. The revised Development Agreement, Section 5, clarifies that Amy's Kitchen agrees to contribute $100,000 to the City for construction of the 3.2 acre neighborhood park. If the proposed park agreement is not signed, the Development Agreement provides that Amy's Kitchen and the City shall meet and confer regarding how the $100,000 contribution shall alternatively be provided for a public facility constructed in the Northpoint Business Park. Therefore, if the park does not move forward, Amy's Kitchen is committed to the $100,000 contribution for another public improvement within the Business Park.

7.2 RESOLUTION - APPROPRIATION OF EQUIPMENT AND REPLACEMENT FUNDS FROM 1999/2000 FISCAL YEAR TO CURRENT YEAR FOR EQUIPMENT PURCHASE

This is a resolution to approve $22,000 from the reserves of the E&R Fund to purchase a new stump grinder mid-year.

7.3 RESOLUTION - DOWNTOWN PARKING VALIDATION PROGRAM

This is a resolution approving a one-hour Downtown Parking Validation Program.

7.4 RESOLUTION - ADOPTING THE 1999-2000 CDBG PROGRAM

This is a resolution approving the recommended 1999-2000 CDBG Program.

7.5 RESOLUTION - APPOINTMENTS TO BOARD OF COMMUNITY SERVICES

This is a resolution making appointments to fill vacancies on the Board of Community Services.

*7.6 RESOLUTION - AUTHORIZING SUBMITTAL OF ENERGY COMMISSION APPLICATION

This is a resolution authorizing submittal of an application to the Energy Commission for the wastewater project.

Abstention - Item 7.2: At this time, Vice Mayor Martini indicated that he would abstain from voting on Item 7.2. The City has recently removed two trees from in front of his house. Because the stumps remain pending grinding, he will abstain from voting on this item.

MOVED by Vice Mayor Martini, seconded by Councilmember Runyan, CARRIED BY A 6-0-1 VOTE (Councilmember Evans abstaining) TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 7.1):

ORDINANCE NO. 3420 ENTITLED: AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A DEVELOPMENT AGREEMENT FOR AMY'S KITCHEN - FILE NUMBER MJP99-001.

MOVED by Councilmember Runyan, seconded by Councilmember Wright, CARRIED BY A 6-0-1 VOTE (Vice Mayor Martini abstaining) TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 7.2):

RESOLUTION NO. 23959 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROPRIATING THE EQUIPMENT FUNDS FROM 1999/2000 FISCAL YEAR TO CURRENT YEAR FOR EQUIPMENT PURCHASE.

MOVED by Vice Mayor Martini, seconded by Councilmember Runyan, CARRIED BY A 6-0-1 VOTE (Councilmember Evans abstaining) TO ADOPT AND WAIVE THE READING OF THE TEXTS OF ITEMS 7.3, 7.4, AND 7.5 AS FOLLOWS:

RESOLUTION NO. 23960 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING A VALIDATION PROGRAM IN THE DOWNTOWN PARKING DISTRICT.

RESOLUTION NO. 23961 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE SUBMISSION OF THE 1999-2000 COMMUNITY DEVELOPMENT (CDBG) PROGRAM).

RESOLUTION NO. 23962 ENTITLED: A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING AN APPOINTMENT TO THE BOARD OF COMMUNITY SERVICES (Terry Tinagero - Term Expiring on December 31, 1999).

RESOLUTION NO. 23963 ENTITLED: A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING AN APPOINTMENT TO THE BOARD OF COMMUNITY SERVICES (Nick Tipon - Term Expiring on December 31, 2000).

RESOLUTION NO. 23964 ENTITLED: A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING AN APPOINTMENT TO THE BOARD OF COMMUNITY SERVICES (Frank Haeg - Term Expiring on December 31, 2002).

MOVED by Vice Mayor Martini, seconded by Councilmember Runyan, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 7.6):

RESOLUTION NO. 23965 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING SUBMITTAL OF THE FINAL APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR GEOTHERMAL PROGRAM FUNDING FOR THE SANTA ROSA RECLAIMED WATER - GEYSERS RECHARGE PROJECT.

8. SCHEDULED ITEMS

8.1 ORDINANCE ADOPTION - SAFE AND SANE FIREWORKS

Inasmuch as the ordinance introduction regarding the sale of safe and sane fireworks for the Millennial celebration was not introduced by an unanimous vote, it was brought back as an agendaed item.

It was recommended that the City Council adopt the ordinance.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Wright, CARRIED BY A 5-1-1 VOTE (Mayor Condron opposing and Councilmember Evans abstaining) TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.1):

ORDINANCE NO. 3421 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SANTA ROSA CITY CODE SECTION 18-44.7801.4 RELATING TO THE SALE OF SAFE AND SANE FIREWORKS.

8.2 CONTINUED REPORT - TRAFFIC ENFORCEMENT ISSUES

Mike Dunbaugh, Chief of Police, made the staff presentation. He referred to and discussed in detail suggestions, and related costs, which would be enhancements to what is currently in place: photo red light enforcement; signs regarding the red light violation fine (approximately $270); a neighborhood speed reduction program utilizing community members/volunteers; short-term selective traffic enforcement efforts in various locations (i.e., crosswalk/pedestrian right-of-way enforcement and speed, red light, and turning movement enforcement); supplemental enforcement overtime; procurement of an additional radar trailer; red light LED assistors; a bicycle education and diversion program to enhance bicycle safety efforts; short-term traffic enforcement resource improvement; long-term traffic enforcement resource improvement; and an attempt to lower the neighborhood speed level for enforcement purposes.

Chief Dunbaugh said staff is recommending that the City Council, by motion, authorize the expenditure of $48,000 for use as delineated in this report to be absorbed within the current budget. That expenditure would include $11,000 for installation of the signs regarding the red light violation fine, $12,000 for a neighborhood speed reduction program, $8,000 for short-term selective enforcement, and $17,000 for supplemental enforcement overtime.

Mayor Condron said that adding red light violation fine signs at 55 intersections seems excessive. A brief discussion followed, during which Councilmember Wright noted that the installation of these signs is an effective intervention-type of investment and this recommendation should proceed. Vice Mayor Martini discussed his willingness to take additional action related to red light violations, but concurred that the proposal is a good beginning.

Councilmember Rabinowitsh referred to the request for supplemental enforcement overtime and for a position for short-term traffic enforcement resource improvement, and asked for clarification as to why the supplemental overtime couldn't be folded into the new position. Chief Dunbaugh discussed the length of time it will take to fill the position (six to twelve months) and noted that the proposal for supplement enforcement overtime will enable staff to implement this effort within the next 30 days. The position is intended to be permanent.

Councilmember Wright noted her support of the recommendation related to the neighborhood speed level and suggested staff contact Council for assistance in getting that level lowered.

MOVED by Vice Mayor Martini, seconded by Councilmember Wright, CARRIED UNANIMOUSLY TO AUTHORIZE THE EXPENDITURE OF $48,000 FOR USE AS DELINEATED IN THE STAFF REPORT TO BE ABSORBED WITHIN THE CURRENT BUDGET.

8.3 REPORT - STORM WATER ASSESSMENT FOR 1999-2000

Colleen Ferguson, Supervising Engineer, made the staff presentation. Ms. Ferguson explained that the action before Council tonight will set the amount of the storm water assessment for the 1999-2000 fiscal year. She provided Council with background information dating back to 1987 which led to the creation of the storm water utility.

On October 8, 1996, the City Council approved and levied storm water utility assessments for the 1997-98 fiscal year set at $19 per equivalent residential unit (ERU). The storm water utility was established so that the City could comply with the EPA (Environmental Protection Agency)-mandated Storm Water Discharge Permit, provide water quality-related creek restoration, and improve the drainage system. An escalator was included in the assessment so that a consistent level of service can be provided over time. The increase for the year ended August 31, 1998, was 3.1%, resulting in a storm water utility assessment for 1999-2000 of $20.26 per ERU.

The resolution establishing the storm water utility assessment included wording that would reduce the storm water utility assessment in future years by crediting the amount of applicable Zone 1A flood control benefit assessment funds received by the City in the previous year. The City is now in its third year of the EPA-mandated Storm Water Discharge Permit. Maintaining compliance with the provisions of the permit is expected to require a minimum storm water utility assessment for 1999-2000 of $9.59 per ERU.

The City Council has the option of establishing a budget for the storm water utility for the 1999-2000 fiscal year that is significantly different than the 1998-99 budget. If the 1999-2000 budget included a reduced or eliminated amount for drainage system improvements, then the amount of Zone 1A replacement funds would also be reduced, resulting in increased storm water assessments for that year. Options presented include funding water quality-related creek restoration in amounts of $150,000, $350,000 or $570,000 per year, and partial funding of an Environmental Crimes Investigator in an amount of $25,000 per year.

It is recommended by the Public Works Department that the City Council, by resolution, set the storm water utility budget, determine the amount of qualifying funds received from the Zone 1A Benefit Assessment, and confirm the storm water assessment for fiscal year 1999-2000.

Ms. Ferguson responded to Council questions. She confirmed that the proposed assessment is for the 1999-2000 fiscal year and pointed out that the assessment is evaluated and set on a yearly basis. She clarified that it is the amount of credit from the Zone 1A fund which is being discussed. In addition, she said this assessment applies to all property except that which is government-owned. She explained the processes in place which guarantee that these funds are spent on the options selected. She described what is meant by creek restoration that is eligible for funding out of the storm water utility (i.e., water quality-related, including regrading channels to allow for the planting of trees and vegetation, providing access for maintenance purposes, etc.). Bicycle paths, benches, or those types of projects cannot be funded from this utility.

Russ Kelly, Sonoma County Taxpayers Association, explained why the permit required by the State and Federal governments was premature (i.e., as a result of the passage of Proposition 218 and the fear that the Zone 1A tax which was on the ballot at that time would not pass). At the time Council passed this assessment, they specified they would only use it for storm water purposes; not for creek restoration purposes. He said his Association opposes use of this assessment for creek restoration. He also said that at the present time, less than 5% of the residents are only being assessed for one ERU. If the proposal before Council passes at the maximum amount, he will be paying closer to $50 than the $22 he currently pays. He noted that the proposed increase will also increase property taxes for apartments, which will be passed on to residents. He expressed concern on behalf of older citizens who are on fixed incomes who can't afford an increase in this assessment. He referenced some of the statements made by Mayor Condron and Councilmember Wright (then Mayor) in the past, at which time they indicated their concerns related to the impacts of this assessment on businesses.

Carol Vellutini said she is an educator and has participated in storm drain stenciling and enhancement. She spoke about the number of children and neighborhoods reached as a result of this program. She referred to Option B and said it is important to fund an Environmental Crimes Investigator program. She discussed concerns regarding the water quality of creeks and the need for it to remain stable. She said funding is important for this purpose and that she is also in favor of education funds for this purpose.

Spencer Flournoy, representing Sonoma County Taxpayers Association, said his Association's concern relates to tying this assessment into furthering the goals and requirements of the NPDES Permit (i.e., water quality). He discussed his perception of the purpose of the permit (i.e., that City streets are swept and drop inlets and catch basins are cleaned out) and said this is part of the City's responsibility. He said that the concept that an Environmental Crimes Investigator, and the other things which may have a relationship to environmentalism, is, in his view, a means of obtaining additional revenues for doing the things Public Works should be doing anyway. He discussed the enforcement and referral powers of the Water Quality Control Board and said the taxpayers should not be assessed for enforcement activities.

Bill Knight urged Council to make this assessment for the following reasons: 1) There is overwhelming support for creek restoration in this particular assessment. 2) The creek system in the City is the largest geographical feature of the City. 3) This is an opportunity to set aside some money for the benefit of the creek system throughout the entire community and increase a sense of pride in the community.

Monya Noelke said she works for a non-profit organization and is a single mother and is still willing to pay this assessment. She discussed her advocacy of Santa Rosa Creek during the past ten years and said that the $10 per parcel should be used for creek restoration. She pointed out that creek restoration in this community is very much dependent on grants and there is often a matching aspect to those grants. The City cannot wait another fiscal year for the purpose of setting aside funds for creek restoration.

At Mayor Condron's request, Ms. Ferguson defined an ERU. An equivalent residential unit is based on a 9,600 square-foot lot with one residence on it. The number of ERUs calculated are based on the size and land use of the lot.

Senior Planner Mike Sheppard discussed some of the obstacles which have arisen during the preparation of the Prince Greenway construction drawings (contamination problems, maintenance of the hydraulic level of the creek, restoring the creek environment, etc.).

Councilmember Rabinowitsh said he previously served on the Committee for Restoring Santa Rosa Creek. He noted the substantial benefits that will result from the restoration, including economic impacts/revitalization. In addition, the Water Agency will be able to use the creek as a way to meet its needs to restore steelhead in the Russian River. He, therefore, believes the creek restoration is a valid need and will improve the quality of life in this community.

Councilmember Wright referred to discussions held in the past related to this matter. Council indicated, at the time the Zone 1A tax passed, that they would not be increasing this assessment. Council has held to that commitment and, therefore, she will probably not support increasing the assessment, although she does support pursuing creek restoration.

Councilmember Vas Dupre explained why she would both support the Environmental Crimes Investigator position and the proposal for creek restoration.

Vice Mayor Martini explained why he believes the proposed assessment is an appropriate source of funding for creek restoration.

Councilmember Runyan discussed the reasons why he supports some level of increase for the purpose of creek restoration and to hire an Environmental Crimes Investigator. However, he said he will not support the full increase.

Councilmember Evans discussed the history of this issue, pointing out that a credit was applied when this assessment was first implemented so citizens would not have to pay the entire assessment. She discussed her concerns related to a perception that this was an attempt to circumvent Proposition 218. While that may not have been the intent, that was the result. She said another intent occurred about the same time; i.e., the intention of the citizens to restore the creeks. She said that is why Zone 1A passed and that is why Council passed the assessment in 1996. She believes that intent and desire to restore the creeks still exist and so she will support creek restoration. She pointed out that the City has had to forego many grants for creek restoration because no matching funds have been available. For these reasons, she will support the recommendation.

Mayor Condron said she will support Alternative 4, Option B (maximum creek restoration and addition of an Environmental Crimes Investigator). She concurred with statements made by Mr. Knight that the creeks are the City's most significant feature. There are only limited opportunities to restore creeks and it is important the City move now to restore the creeks so that they remain clean and useable. She said it is appropriate that the Zone 1A funds/credit be used for this purpose. Additionally, she believes the request for an Environmental Crimes Investigator is also appropriate. Councilmember Vas Dupre said she concurred.

Councilmember Runyan reiterated that he doesn't support such a large increase. He would support Alternative 3, Option B, although that is also a fairly sizeable increase. Vice Mayor Martini concurred.

In response to Councilmember Vas Dupre, Ms. Ferguson reviewed the actual increases that would result from the implementation of the various options.

Councilmember Vas Dupre said that, in light of the evaluation process undertaken and the benefits to the City, the difference between what is currently assessed and what would be required for Alternative 4, Option B, is not a huge jump.

Councilmember Rabinowitsh said he will support Alternative 4, Option B, because he believes it will provide sufficient funds to restore the City's creeks.

Councilmember Wright said she would support a lesser amount. She expressed concern related to the impact of a larger increase on some of the residents. She reiterated that she is in full support of creek restoration, but she believes Alternative 2 would provide for matching funds and would allow for an incremental increase.

Councilmember Evans said she will support Alternative 4, Option B.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Evans, CARRIED BY A 4-3 VOTE (Vice Mayor Martini and Councilmembers Runyan and Wright opposing) TO SUPPORT ALTERNATIVE 4, OPTION B ($570,000 for Creek Restoration and addition of an Environmental Crimes Investigator for $20.06 assessment per ERU).

Mr. Chouteau indicated that the resolution with Exhibit A will be brought back for action as a Consent Item at the next meeting. (Clerk's note: See discussion following the recess for discussion related to and adoption of the resolution at this meeting.)

Council recessed from 6:35 to 6:45 p.m. and returned with all members present.

Mr. Chouteau indicated that Exhibit A, containing the detailed information related to Council's earlier motion, is now available and, therefore, Council may act on the resolution for Item 8.3.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Evans, CARRIED BY A 4-3 VOTE (Vice Mayor Martini and Councilmembers Runyan and Wright opposing) TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.3):

RESOLUTION NO. 23966 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA SETTING THE STORM WATER UTILITY BUDGET AND DETERMINING THE AMOUNT OF ELIGIBLE FUNDING THAT HAS BEEN RECEIVED FROM THE FLOOD CONTROL ZONE 1A BENEFIT ASSESSMENT IN FISCAL YEAR 1998-99 AND BASED THEREON SETTING THE STORM WATER ASSESSMENT PER ERU (EQUIVALENT RESIDENTIAL UNIT) FOR THE FISCAL YEAR 1999-2000.

Mayor Condron reordered the Agenda to consider Item 8.7 at this time.

8.7 CONTINUED PUBLIC APPEAL HEARING - BUILDING SETBACK CONDITION - 1345 ST. HELENA AVENUE

Ron Allen, City Planner, made the staff presentation. Rod Ferronato has appealed the 4 to 0 approval action of the Cultural Heritage Board, which included a condition placing his proposed garage three feet back from his Pacific Avenue property line. The appellant's property is located on the southwest corner of the intersection of Pacific Avenue/Bryden Lane and St. Helena Avenue within the McDonald Preservation District.

The appellant has requested a Variance to construct a garage on the rear and north lot lines of his property. The Junior College R-1-PD District requires five-foot rear and side yard setbacks for structures. On March 11, 1999, the Planning Commission voted 4 to1 to conditionally grant the requested Variance, requiring the garage be set back a minimum of two feet from the site's Pacific Avenue property line. The Planning Commission concurred with the action of the Cultural Heritage Board with regard to the need for greater separation between the garage and the street to accommodate landscape screening.

Mr. Allen displayed and discussed a location map, several elevations of the proposed garage, and photographs of the site from various directions.

It is recommended by the Cultural Heritage Board that the City Council, by resolution, uphold its design review action requiring that the appellant's garage be reduced in depth from 26 feet to 23 feet along the structure's north/south axis.

In response to Councilmember Evans, Mr. Allen explained why the Cultural Heritage Board recommended the three-foot setback; i.e., the need to place the building as far back from the sidewalk as possible.

Councilmember Vas Dupre referenced the numerous telephone calls she received regarding this matter and expressed concern related to the leniency given both by the Cultural Heritage Board and Planning Commission in response to this request. She said It was her understanding that prior to any projects moving forward through the Planning Department, Council and the citizens who would be impacted by the structure would receive a model of the proposal. Mr. Allen explained that this application was in process prior to the time when Council expressed an interest in a computer simulation.

Councilmember Runyan discussed his observation of the site and said the proposed garage will be hidden and so will not be obtrusive.

In response to Councilmember Rabinowitsh, Mr. Allen confirmed that a redwood tree will have to be removed from the site at the property line. The applicant's arborist and the City's arborist looked at the tree. Because it is growing under the structure of a much larger redwood, it will never be an attractive specimen. Mr. Allen then noted that the sidewalk and property line don't coincide. Therefore, there is an opportunity for planting in the City's public right-of-way, which could provide for an approximate setback of five feet. Mr. Allen said both the Planning Commission's and Cultural Heritage Board's options would allow for landscaping and, over time, screening of the building from the street.

In response to Councilmember Vas Dupre, Mr. Allen showed the areas where the foliage would remain and where it would be removed. He distributed a copy of the photographs. He indicated that the garage would be fully visible from Montecito Avenue.

Mayor Condron opened the public hearing.

Ken La Franchi, Architect, reiterated some of the comments made by Mr. Allen regarding the process undertaken for this project. He said that what is depicted is what has been requested by the Planning Commission. The only issue of concern is the one-foot discrepancy of the setback from the property line. He pointed out the location of the existing property line, which is six feet behind the back of the sidewalk and noted that there is already a six-foot buffer. He said the Planning Commission has approved a three-foot encroachment into the setback, which would provide for an eight-foot planting area. He discussed the changes made in the proposal in accordance with the requests of the Cultural Heritage Board and said the only issue is the setback. He noted that there is currently no place for the Ferronato's to park on their property inside a structure. He pointed out the location of the existing fence.

Rod Ferronato expressed his hope that Council would approve the Planning Commission's recommendation.

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

Vice Mayor Martini explained why he will support the Planning Commission's recommendation. There is a total of eight feet from the sidewalk, there is plenty of room for landscaping, and the proposal makes sense. Councilmembers Runyan, Evans, and Wright concurred.

Councilmember Rabinowitsh said he will also support the Planning Commission recommendation, but suggested that the landscaping should be taller and more extensive in the setback area in order to screen the building from the street. Councilmember Vas Dupre concurred, but recommended that mature trees should be planted. Mayor Condron also concurred.

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

RESOLUTION NO. 23967 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA UPHOLDING THE APPEAL OF ROD FERRONATO AND APPROVING A THREE-FOOT ENCROACHMENT INTO THE REQUIRED FIVE-FOOT SIDE YARD AREA ADJACENT TO PACIFIC AVENUE FOR A GARAGE ADDITION LOCATED AT 1345 ST. HELENA AVENUE, FILE NO. ZV98-007.

8.4 REPORT - SANTA ROSA CREEK ECOSYSTEM RESTORATION PROJECT

Frank Kasimov, City Planner, made the staff presentation. The US Army Corps of Engineers is proposing to work with the City of Santa Rosa to restore Santa Rosa Creek from Railroad Street to the Laguna de Santa Rosa, a distance of approximately 6.5 miles. A Feasibility Study is the first step in a three-step process that also includes pre-construction engineering/design and construction. There is no obligation to participate in future steps. The estimated cost of preparing the Feasibility Study is $1,927,800. The City's share is 50% or $963,900. The Feasibility Study is expected to be completed in 2002.

The Sonoma County Water Agency is proposing to assist the City in its partnership with the Corps to carry out the Feasibility Study. The Water Agency would fund the City's entire share, consisting of $493,900 from the Water Agency's Laguna-Mark West Zone 1A fund, from the "District Services - Fisheries Enhancement Program" within the Water Agency's Russian River Projects fund, and of $500,000 from the California Department of Fish and Game which was authorized by the State Legislature specifically for this project.

The Funds originating from the Water Agency would be allocated to provide $206,850 for Agency in-kind services, $111,300 for City in-kind services to be performed through the duration of the project, and $145,750 toward the City's cash contribution to the project.

The funds originating from the DFG would be allocated to provide the remaining share of the City's cash contributions for the Feasibility Study.

It is recommended by the Departments of Community Development and Public Works that the City Council, by resolution, approve agreements with the US Army Corps of Engineers and the Sonoma County Water Agency to carry out a Feasibility Study for the Santa Rosa Creek Ecosystem Restoration Project, and authorize an appropriation of $257,050 which would come from the Sonoma County Water Agency in Capital Improvement Project #8141 to augment the existing appropriation of $500,000.

Mr. Kasimov introduced Roger Golden of the U.S. Army Corps of Engineers and Jay Jasperse of the Sonoma County Water Agency.

Vice Mayor Martini expressed concern with the amount of money being spent for the Feasibility Study.

Councilmember Rabinowitsh noted that one benefit of working with the US Army Corps of Engineers and Water Agency is the possibility of maximizing the funding from other agencies. In addition, with the Corps involvement, the City can obtain 2/3 Federal funding once the City has obtained a match. Therefore, he believes this is the only way to move forward on behalf of the creek restoration given the funding constraints.

Councilmember Evans concurred, and noted that this is a historic moment in that it is the first step toward restoring Santa Rosa Creek.

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

RESOLUTION NO. 23968 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AGREEMENTS WITH THE U.S. ARMY CORPS OF ENGINEERS AND THE SONOMA COUNTY WATER AGENCY TO CARRYOUT A FEASIBILITY STUDY FOR THE SANTA ROSA CREEK ECOSYSTEM RESTORATION PROJECT.

8.5 REPORT - CONTRACT AWARD - BROWN FARM STORAGE EXPANSION

Dan Carlson, Capital Projects Coordinator, made the staff presentation. On March 30, 1999, the City Council, by Resolution No. 23922, adopted a Mitigated Negative Declaration and Mitigation Monitoring Program, established a project entitled "Brown Farm Storage Pond Expansion," and directed staff to proceed with implementation of the project. This project will allow the Laguna Subregional Wastewater Reclamation System to increase storage to comply with interim conditions placed on it by the North Coast Regional Water Quality Control Board. The project would expand the existing Brown Farm Storage Pond by approximately 97million gallons. This storage would be used to irrigate additional lands with recycled water during non-discharge months and help ensure continued compliance until the Geysers Recharge Project is completed.

The Utilities Department requested proposals for engineering design services for the project. Four proposals were received. A review committee selected the proposal prepared by Winzler & Kelly Consulting Engineers of Santa Rosa as the best to perform the engineering design of the project. Negotiations for the required services including geotechnical investigations, preliminary and final design, preparation of contract documents for bid, and design services during construction have been completed and a fee established at $161,700.00.

It is recommended by the Utilities Department and the Board of Public Utilities that the City Council, by resolution, approve a contract with Winzler & Kelly Consulting Engineers of Santa Rosa to provide engineering services for the Brown Farm Storage Pond Expansion.

MOVED by Councilmember Wright, seconded by Vice Mayor Martini, CARRIED UNANIMOUSLY TO ADOPT AND WAIVE THE READING OF THE TEXT OF (Item 8.5):

RESOLUTION NO. 23969 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH WINZLER & KELLY CONSULTING ENGINEERS OF SANTA ROSA TO PROVIDE ENGINEERING SERVICES FOR THE BROWN FARM STORAGE POND EXPANSION.

8.6 REPORT - NEIGHBORHOOD REVITALIZATION PROGRAM

City Manager Ken Blackman made the staff presentation. Over the past several years the City has been plagued with aggravated instances of criminal conduct in residential neighborhoods. These neighborhoods exhibit the following characteristics: significant criminal activity, physical deterioration, high instances of calls for service, health problems, and domestic violence.

In several instances the City has used a task force approach to aggressively attack these problems. This has occurred in both the Apple Valley and West 9th Street neighborhoods. Problems, however, are not restricted to the neighborhoods involved and exist in varying degrees in several other neighborhoods.

A Neighborhood Revitalization Program was developed for Council consideration. The cost associated with such an approach was outlined. While funding sources have yet to be identified, it is possible that grant resources might be available in the near future which could assist greatly in establishing such a program.

The matter is being brought before the Council for policy discussion and direction. The establishment of new code enforcement programs is a matter of Council policy determination.

Police Chief Dunbaugh said staff is pleased with the progress being made in the Apple Valley area. Council has enabled staff to build a system there which provides enforcement, educational, and community resources which allow empowerment to occur. Without that empowerment or the assistance of residents, problem areas will only receive "band aid" assistance. He said the neighborhood Enforcement Team still exists and was supplemented in the Apple Valley area with two full-time officers through a community Crime Resistance Grant. That supplement, along with the Community Organizer, is what is making the difference in that area.

Chief Dunbaugh said staff is frustrated because of a lack of additional City resources. A key to the Apple Valley effort has been the assistance of Fire and Building Inspectors. While those departments are committed to this effort, the ability to stretch the services of the staff further isn't an option. The concept of the Task Force and the system put in place, and having that system mobile and capable of moving into other areas, has been discussed by staff for more than two years. Staff feels it is the right direction to go if away can be found to fund the system.

Chief Dunbaugh then discussed some of the problem areas throughout the City, citing statistics, and explaining the impacts of those problems on the quality of life in those neighborhoods. The problems differ in some of the different areas, but overall they included drug dealing/use, noise disturbances, domestic disturbances, weapons violations, burglaries, gang activity, drinking in public, gunfire, vandalism, attempted murder, assaults, fights, parole violations, officers requesting emergency help, nuisance abatement, and abandoned cars. Fire and building code inspection issues exist in the problem areas as well. Chief Dunbaugh said that staff is unable to take the systems approach in dealing with these problems across the board because the resources to do so are not available. Staff is concerned that further deterioration may develop that would take a great deal more enforcement to turn around.

Mr. Chouteau said that staff has seen this type of problem get out of control in other, larger cities and is concerned because it is beginning in Santa Rosa. Staff has attempted to deal with this first on a complaint basis and then on a Task Force basis. What is being suggested now is an organized, community-based approach in which staff who work for the City are able to address these problems (including staff from the Building, Fire, Police, Housing, and Recreation and Parks Departments). He stated that this must be a unified approach which deals both with housing conditions and the criminal elements which inflict themselves on the surrounding communities.

Mr. Chouteau referred to the Apple Valley model a way of working with property owners related to maintenance standards, tenant screening, and rehabilitation loans for public improvements. The City also has a responsibility to intensify community-based code enforcement (i.e., not generated by the City, but requested by tenants and residents in the subject areas) and to work with community-based prosecution. He said staff is suggesting the City support a 1/4 time program specialist from the Recreation & Parks Department to work with the children in the community, a Police Officer to work with community-based police enforcement, a Building Inspector, a Fire Inspector, a Deputy Attorney, a Community Organizer, secretarial support, and the support of a Law Clerk. Today, specifically, staff is asking Council to determine whether they will support this type of program in concept and, if so, to appoint a subcommittee to work with staff in order to determine necessary funding sources and to design the program.

Mr. Blackman said the basic policy question is whether Council sees the City pursuing a more proactive role before these situations degenerate into something such as what occurred in Apple Valley. He suggested that a two-member Council subcommittee should be appointed to work with staff on this matter.

Vice Mayor Martini discussed his support for this type of program. He said the most troublesome issue with which Council is faced are those of providing affordable housing. However, of all of the locations cited by Chief Dunbaugh, none are subsidized affordable housing under the management of non-profit organizations. He pointed out that a great deal more can be done in the community by addressing the problem areas, and by elevating those areas. These efforts will make it easier to provide affordable housing in the community. He said he strongly supports the recommendation and volunteered to work with staff on this matter.

In response to Councilmember Runyan, Mr. Chouteau explained that this system would address single-family residences. Those situations usually involve absentee landlords. Councilmember Runyan stated his support of this effort and offered to work with staff.

Councilmember Evans commended staff on this proposal and on how proactive it is. She said she thinks that more than a 1/4 time Programs Specialist is needed from the Recreation & Parks Department.

Councilmember Wright noted the large commitment on the part of the Council that will be required in that they will have to stand firm when they are approached with Building Code violations. She volunteered to serve on the subcommittee for this matter. She suggested that private sector participation will be needed in this process, particularly when funding is pursued (i.e., the Sonoma County Loan Consortium). In addition, some of the non-profit builders should also be involved (i.e., Burbank Housing, etc.).

Councilmember Rabinowitsh commended staff for this proposal. He suggested, however, that it would be feasible to involve social service agencies/countywide agencies in advisory roles. In addition, the CAT (Community Action Team) should also be involved in an advisory manner.

Councilmember Vas Dupre indicated her support of the concept and suggested that some of the same people involved in the Apple Valley effort are used on a consultant basis in this effort.

Mayor Condron also indicated her support. She said she attended meeting of the existing staff task force and was amazed at the ways in which the group has been working together. She said that developing a subcommittee and proceeding with this concept is a good idea. She confirmed that Vice Mayor Martini and Councilmembers Runyan and Wright will be working on this subcommittee.

MOVED BY Vice Mayor Martini, seconded by Councilmember Evans, CARRIED UNANIMOUSLY TO ACCEPT THE REPORT AS SUBMITTED AND TO APPROVE IN CONCEPT THE PROGRAM AS OUTLINED, WITH A SUBCOMMITTEE CONSISTING OF VICE MAYOR MARTINI AND COUNCILMEMBERS RUNYAN AND WRIGHT TO WORK WITH THE CITY MANAGER IN MOVING THIS ITEM FORWARD.

9. MAYOR'S/COUNCILMEMBERS' REPORTS

Mayor's/Councilmember's Reports

Vice Mayor Martini congratulated the Santa Rosa United Storm Under 12 Girls and Santa Rosa United Under 14 Heat Boys for winning the Northern California State Cup in soccer. He wished them the best of luck in the upcoming Regionals and asked the community to support them in their fund raising efforts for that trip (i.e., to San Bernardino).

Councilmember Vas Dupre reminded Council of the video conference which will be held on Thursday: "Critical Hours of 3:00 to 6:00 P.M." This interactive video conference will be held from 9:00 to 11:00 a.m. She said this is the 100th anniversary of the State PTA and the basic sponsor of this conference is Resources for Youth. The League of California Cities, the League of Women Voters, various PTAs, and other agencies have also participated in this effort.

Councilmember Vas Dupre referred to a memorandum related to the Census and said it is incumbent upon the City to obtain an accurate Census, particularly in light of its effect on funding. Those people involved in the Census have begun working with various community leaders and getting youth involved in this Census. She invited Council to submit suggestions in response to the memorandum.

Mayor Condron said she and Councilmember Runyan met with the people involved with the Santa Rosa Downtown Market (formerly Thursday Night Market). The Market will now be held on Wednesdays and will commence on May 26. She invited the other Councilmembers to co-sign a letter to the editor about the importance of making this a family event.

Mayor Condron noted that two lunches have been held recently, one with the neighborhood leaders of different segments of the community during which issues faced in those neighborhoods have been discussed. Those people will meet on a regular basis to discuss areas of mutual interest and concern. In addition, they will work with the Community Action Team (CAT) in order to assist fledgling organizations get started and to support each other. They are discussing establishing a cooperative newsletter. They are also interested in continuing to work with the CAT, facilitating their ongoing meetings and attempting to reach out to the various neighborhoods for participation in the General Plan update process.

Mayor Condron said that the other lunch was held with members of the religions community/clergy to consider various issues such as homelessness and youth. In many communities the need for homeless facilities is being met by the non-profit community working with the religious community.

In response to Councilmember Evans, Mayor Condron explained that, on a rotational basis, two additional Councilmembers will be invited to these lunch meetings with different segments of the community.

Mayor Condron reminded Council of the Team Building Session which will be held on June 2, 3 and 4. Councilmember Evans indicated that she will be unable to participate.

9.1 ANNOUNCEMENT OF CLOSED SESSION TOPICS

Mr. Chouteau announced the following Closed Session topics:

CONFERENCE WITH LABOR NEGOTIATOR

Meet and Confer: Unit 2 - Fire and Unit 5 - Police

Negotiator: Karen Walker, City of Santa Rosa

CONFERENCE WITH LABOR NEGOTIATOR

Meet and Confer: Unit 3 - Maintenance and Unit 8 - Transit

Negotiator: Marc Richardson, City of Santa Rosa

The conference regarding unit determination for the Police Management Unit was not held.

10. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

10.1 COMMUNICATION - League of California Cities Legislative Bulletin.

This item was provided for informational purposes only.

10.2 COMMUNICATION - Century Communications re: Rate Increase for Cable TV.

This item was provided for informational purposes only.

10.3 COMMUNICATION - J. Kelly re: Speeding on Francisco Lane.

This communication will be referred to the Traffic Engineer who will meet with the author and come back to Council with recommendations, if warranted.

10.4 COMMUNICATIONS - Expressing Need to Study Central County Project.

This item was provided for informational purposes only.

10.5 COMMUNICATION - Assistant City Manager re: Assignment of U-N-T Interests to Geysers Power Company.

Mr. Blackman said this is a request for Council to go on record by motion as concurring with the assignment. This request has been considered very carefully and involves no jeopardy to the City.

Mr. Chouteau explained that the assignment clause in the Agreement provides they have a right to assign to a subsidiary or to another party to the Agreement. UNOCAL has assigned their interest to Calpine. However, Calpine wants a subsidiary to take over the responsibility for the project. The Agreement gives the City the ability to review their financial condition in order to determine if It is substantial enough to indicate that they will be able to perform under the contract. Mr. Lindsay, Director of Administrative Services, has reviewed the financial condition and his results are included in the correspondence from Mr. Brauner. Mr. Chouteau said it would be appropriate, if Council concurs, to approve the request by motion.

Councilmember Evans said this was one of her concerns at the time the Agreement was approved; i.e., because the City's wastewater disposal system is dependent on the operator of the Geysers, she felt scrutiny should be given by the City as to whoever gets assigned the rights and obligations under the contract. This is the type of scrutiny she wanted to see. Mr. Chouteau added that there is a good financial incentive to go forward. In addition, Calpine has indicated they will be funded with $200 million in assets.

Mayor Condron said she, Board of Public Utilities Chairperson Dowd, and the City Manager had the opportunity to meet with the principals of Calpine and, along with the opinion of Mr. Lindsay, she is comfortable with supporting this request.

MOVED by Councilmember Evans, seconded by Vice Mayor Martini, CARRIED UNANIMOUSLY TO AUTHORIZE THE MAYOR TO SIGN A DOCUMENT INDICATING CONSENT TO THE SUBJECT ASSIGNMENT.

10.6 COMMUNICATION - Northwestern Pacific Railroad Authority re: Proposed Redevelopment of Santa Rosa Station Site.

This item was provided for informational purposes only.

10.7 COMMUNICATION - City Vision re: Opposition to Proposal to Reinstate Diagonal Parking on Fourth Street.

This item was provided for informational purposes only.

10.8 COMMUNICATION - K. Emanuels re: Update on Reauthorization and Funding for National Guard Armories as Cold Weather Homeless Shelters.

This item was provided for informational purposes only.

10.9 COMMUNICATION - E. Chance re: Annexation/Sewer Service Costs - Monte Verde Drive.

This item was provided for informational purposes only. In response to Councilmember Rabinowitsh, Mr. Blackman briefly discussed the process whereby the property owners will vote on an assessment district. The assessments will either be paid at one time or over a period of years, depending on the option selected by the property owners. Typically the assessments are paid back over a period of years.

10.10 COMMUNICATION - Ridgway High School re: 7th Annual Prom Grad Night.

This item was provided for informational purposes only. Mr. Blackman said staff will notify Ridgway High School that the funds for assistance were built into the Police Department budget.

10.11 COMMUNICATION - Department of Community Development re: Revision of Growth Management and Housing Allocation Plan Ordinances.

This item was provided for informational purposes only. Councilmember Evans clarified that this question was raised because the Housing Subcommittee had discussed considering the revision of the ordinances. She doesn't necessarily think this review belongs in the Development Process Review.

Mayor Condron said the initial proposal that came forward recommended that this issue should be set aside so that other issues can be dealt with first. She said that she has asked Councilmember Rabinowitsh and Planning Commission Chairperson Denietolis to participate in this review when it proceeds through the Development Process Review.

10.12 COMMUNICATION - D. Harrelson re: Santa Rosa Golf Center.

This item was provided for informational purposes only.

10.13 COMMUNICATION - G. Johnson re: Council Goal-Setting Session.

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 8:08 p.m. The Closed Session adjourned at approximately 8:40 p.m.

ADJOURNMENT

There were no announcements to make after the Closed Session. Therefore, Mayor Condron adjourned the meeting to the next regularly scheduled meeting to take place on May 11, 1999, at a time to be set by the Mayor.

5/4/1999