SANTA ROSA CITY COUNCIL MEETING MINUTES

TUESDAY, NOVEMBER 6, 2001

COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE

REGULAR MEETING

2:15 P.M. (MAYOR'S CONFERENCE ROOM)

1. CALL TO ORDER AND ROLL CALL

Mayor Martini called the meeting to order at 2:15 p.m. in the Mayor's Conference Room. Present: Mayor Martini, Vice Mayor Wright,Councilmembers Bender, Condron, Evans, Rabinowitsh and Vas Dupre.

2. APPLICANT INTERVIEWS FOR VACANCY ON BOARD OF PUBLIC UTILITIES

Three applicants were interviewed for a vacancy on the Board of Public Utilities. Applicants were William Anderson, John Stan Lindsay, and Mark A. Miller.

3:00 P.M. (MAYOR'S CONFERENCE ROOM - Room 10)

2. STUDY SESSION(S)

2.1 CITIZEN PUBLIC APPEARANCES (PUBLIC COMMENTS WILL BE LIMITED TO STUDY SESSION TOPIC(S)

2.2 HOMELESS EVALUATION LIAISON PROGRAM (H.E.L.P)

Police Department personnel presented the Council with information on this program which is designed to partner law enforcement with other community service agencies to prevent homeless persons from becoming involved in the crimin al justice system.

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT TO CLOSED SESSION(S)

3.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: APN 009-211-082 (125 Brookwood Avenue)

Property: APN 009-171-029 (983 Sonoma Avenue)

Agency Negotiator: Josh Maresca, City's Right-of-Way Agent

Negotiating Parties: Brookwood L.L.C.

Under Negotiation: Price and terms of payment

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: Portions of Dry Creek Road and Healdsburg Avenue situated within City of Healdsburg

Agency Negotiator: Ed Brauner, Deputy City Manager

Negotiating Parties: City of Healdsburg

Under Negotiation: Price and terms of payment

and

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9. One potential case.

3.3 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) and subsections (1) and (3)(C) of Government Code section 54956.9:Claim filed (Wittwer). One potential case.

3.4 ADJOURN AND RECONVENE TO OPEN SESSION IN CITY COUNCIL CHAMBERS

4:14 P.M. (CITY COUNCIL CHAMBER)

4. ANNOUNCEMENT OF ROLL CALL

Mayor Martini reconvened the meeting at 4:14 p.m. in the Council Chamber. Mayor Martini announced Roll Call as indicated previously in the minutes. Also present: Jing Chen, Teen Council member representing Maria Carrillo High School.

5. REPORT ON STUDY SESSION(S) AND CLOSED SESSION(S)

Assistant City Attorney Brien Farrell reported the City Council met in Closed Session at 3:00 p.m. regarding the items listed in 3.1Conference with Real Property Negotiator; 3.2 Conference with Real Property Negotiator and Conference with Legal Counsel -Anticipated Litigation; and 3.3 Conference with Legal Counsel - Anticipated Litigation. There were no announcements to be made following the Closed Session.

6. PROCLAMATIONS/PRESENTATIONS

6.1 PRESENTATION - RECOGNITION OF CITYBUS OPERATORS' PERFORMANCE IN NORTHBAY REGIONAL "ROADEO"

Mayor Martini introduced transit supervisor Les Harper, who announced that the Santa Rosa City bus team was awarded first place in the North bay Regional Roadeo competition, which he described. Five team members were present and trophies were presented.

6.2 PROCLAMATION - P.E.O. KIDS

Councilmember Bender read aloud the proclamation, which was accepted by Vince Harper of PEO Services. Student spokesperson Jessica Phillips introduced the students present, who each described their involvement in the program, which is designed to prevent drug and alcohol use by youth and provide alcohol awareness and education throughout the community. Students presented tee shirts to each of the Council members.

7. CITIZEN PUBLIC APPEARANCES

Ann Hudgins, 6024 Sonoma Highway, commented on yesterday's housing meeting and outlined her community efforts.

Peter Tscherneff, stated he had upset some of those attending a United We Stand and Red Cross meeting and described the incident. He also spoke against murder and war.

Jack Osborne, 5636 Del Monte Court, spoke in praise of Mayor Martini and spoke in support of war. He also questioned the adjournment to the Merit Awards ceremony and spoke of the public resources committed to homelessness.

Linda Picton, commented on the need for bike lanes and bicycle and pedestrian safety and spoke of the BEST Program.

Ken Hart, Dignity of Man, spoke of God's law and his testimony given at the Santa Rosa Rescue Mission.

Michael Allen, 613 Fourth Street, appearing on behalf of the Sonoma County Living Wage Coalition, described related projects funded by the state. He stated that a $15,000 grant had been obtained to research the Santa Rosa living wage issue.

August Stroetz, Tiburon, registered a complaint about the cost of the weed abatement assessment on his property.

Jay Holloway, 1534 Surrey Drive., stated he was recently sworn into the U.S. Army and before beginning his tour of duty wanted to address the Council to say this is a wonderful city and commented on our freedom as Americans threatened by terrorism and urged citizens to come to the nation's aid through enlistment.

8. APPROVAL OF MINUTES - Regular Council Meeting of October 9, 2001 and Regular Council Meeting of October 16, 2001.

MOVED by Vice Mayor Wright, seconded by Councilmember Condron, carried unanimously, to approve the minutes of the October 9,2001 meeting as submitted.

MOVED by Vice Mayor Wright, seconded by Councilmember Condron, carried on a 6-0-1 vote (Councilmember Vas Dupre abstaining), to approve the minutes of the October 16, 2001 minutes as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

There were no statements of abstention.

10. CONSENT ITEMS

10.1 ORDINANCE ADOPTION - ESTABLISHMENT OF COMPENSATION FOR CITY MANAGER

Mayor Martini introduced the item and called for public comment.

PUBLIC COMMENT

Jack Osborne, displayed the text of an article relating to a court decision on open session discussion of salary terms and compensation. He voiced his objection to the contract negotiations being held in closed session. City Attorney Farrell responded that the Council has discussed this in open session and that nothing in appropriate was discussed in closed session.

MOVED by Vice Mayor Wright, seconded by Councilmember Evans, carried unanimously, to adopt and waive the reading of the text of the ordinance in Item 10.1 as follows:

ORDINANCE NO. 3544 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SALARYAND OTHER COMPENSATION AND BENEFITS FOR THE CITY MANAGER

11. SCHEDULED ITEMS

Mayor Martini reordered the agenda as follows:

11.2 REPORT - LOAN OF SEWER CAPACITY TO THE CITY OF ROHNERT PARK

Ed Brauner, Deputy City Manager, presented the staff report. He stated that Santa Rosa is the managing partner of the subregional wastewater system and described the procedure to consider Rohnert Park's request for additional system capacity. The request is for a temporary loan of capacity of 1.08 million gallons per day to be reviewed annually over a period of six years. The loan of capacity will not impact Santa Rosa's growth at projected rates until 2011, which will allow time for the required system expansion.

PUBLIC COMMENT

Jack Osborne, 5636 Del Monte Court, cautioned against overbuilding and outpacing system capacity. He suggested Rohnert Park pay for this and contribute toward expansion of the sewer plant.

Jake McKenzie, Mayor of Rohnert Park, introduced Rohnert Park City Manager Joe Netter and City Attorney Betsy Strauss. He noted the importance of this request to the City of Rohnert Park and stated the local revised general plan and growth limits over the next 20years enable accurate growth projections to be applied to this decision and request. He requested council approval of this agreement.

Mayor Martini commented that the cities have always been partners in the sub regional system and commented that the staff analysis provided the information necessary to evaluate the request. He also noted that compensation is provided through Rohnert Park's prorata share of system costs.

MOVED by Councilmember Bender, seconded by Councilmember Rabinowitsh, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.2 as follows:

RESOLUTION NO. 25023 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING ANAGREEMENT WITH THE CITY OF ROHNERT PARK FOR THE TEMPORARY LOAN OF SEWER CAPACITY

11.1 REPORT - AMENDMENT NO. 7 TO AN AGREEMENT FOR ENGINEERING SERVICES FOR STATE HIGHWAY 12 ANDFARMERS LANE PARTIAL INTERCHANGE

Jeff Foster, Supervising Engineer - Public Works, presented the staff report. The recommendation is to approve additional funding for engineering to complete the project, scheduled for completion in Spring, 2003. He stated that Caltrans rules changes necessitated this amendment. He outlined the project costs and the associated rules changes.

PUBLIC COMMENT

Jack Osborne, 5636 Del Monte Court, commented on the cost and stated concern with not having a storm water or traffic management plan. He opposed the "not to exceed" compensation language.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Evans, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.1 as follows:

RESOLUTION NO. 25024 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING ANDAUTHORIZING EXECUTION OF THE SEVENTH AMENDMENT TO AN AGREEMENT FOR ENGINEERING SERVICES FORHIGHWAY 12 AND FARMERS LANE PARTIAL INTERCHANGE

11.3 PUBLIC HEARING - REZONING: SPRING MEADOWS APARTMENTS, 1375 FULTON ROAD, POLICY STATEMENTMODIFICATION

Joel Galbraith, City Planner, presented the staff report. He described the project and its location. He stated the project is currently under construction and the applicant is requesting that half of the apartments be allowed to be rented to applicants under 65 years of age. He stated the applicant wishes to market units to those 55 years of age and older.

PUBLIC HEARING (5:26 PM)

Jean Kopolchok, representing the applicant, stated that this was origin ally applied for as senior apartment project with the origin al conditional use permit stipulating a minimum resident age of 55. The age requirement changed to 65 based on the number of apartments and the parking requirements. She stated they are seeking a modification to the policy statement to allow half of the units to be age-unrestricted and to allow the two parking spaces.

Hearing no further testimony, Mayor Martini closed the hearing at 5:30 p.m.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Bender, carried unanimously, to introduce and waive tHe reading of the text of the ordinance in Item 11.3 as follows:

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 1375 FULTON ROAD (SPRING MEADOWSAPARTMENTS) - FILE NUMBER REZ01-007

12. ANNOUNCEMENT OF CLOSED SESSION TOPICS

There were no further announcements made.

13. MAYOR'S/COUNCILMEMBERS' REPORTS

13.1 BOARDS AND COMMISSIONS VACANCIES, REAPPOINTMENTS

Mayor Martini outlined the vacancies on the Boards and Commissions as follows:



MOVED by Vice Mayor Wright, seconded by Councilmember Condron, carried unanimously, to amend the agenda to include item 13.2as follows:

13.2 APPOINTMENT TO THE BOARD OF PUBLIC UTILITIES

After casting ballots, it was MOVED by Vice Mayor Wright, seconded by Councilmember Evans, carried unanimously to adopt and waive the reading of the text of the resolution in Item 13.2 as follows:

RESOLUTION NO. 25025 ENTITLED: RESOLUTION OF THE CITY OF SANTA ROSA MAKING AN APPOINTMENT TO THEBOARD OF PUBLIC UTILITIES (John Stan Lindsay)

13.3 REQUEST FOR CITY OPPOSITION OR SUPPORT FOR FUTURE LEGISLATION

City Manager Kolin explained that the state is facing a $5 to $10 billion budget deficit, due mainly to utility contract purchases during the energy crisis. Because there is a significant chance that the state may seek to offset the state deficit with revenues traditionally dedicated to cities, staff is recommending that the Council grant permission for the Mayor to sign correspondence in opposition to reduction of city revenues. There was consensus to do so.

COUNCILMEMBER REPORTS

Teen Councilmember Chen reported that the Teen Council is working on their Teen Recognition Program and will be involved in The Community Conversation.

Councilmember Vas Dupre announced an upcoming California Regional Water Quality Control Board meeting. She announced Merrill Lynch will be allowing seniors use of their phones on December 8. She announced a peaceful demonstration in Courthouse Square. She noted the upcoming Wood burning Appliance Committee meeting and the Hillside Development report item. She announced that She and Ron Bosworth will attend a meeting on the living wage ordinance. She also announced a celebration of the new mural and relayed greetings from Duane DeWitt.

Vice Mayor Wright commented that Bob Blanchard, past president of Rotary and Kiwanis, had participated in a tribute to veterans.

Councilmember Bender reported on Wells Fargo's donation of funds to local nonprofit agencies and expressed appreciation for the support from the business community. She announced the Community Conversation workshop and the Youth Community Park public meeting. She also announced She would be attending the Teen Council meeting.

Councilmember Rabinowitsh announced that the California Transit Association had awarded the Transit Department the Transit Image Award for the City's art bench program. He announced a meeting with the Board of Supervisors regarding Prince Greenway funding, in which the Board agreed to waive the normal review process and voted unanimously to support the request of $4 million from the Open Space Authority. He reported on the Art in Public Places request for local artists' proposals for five projects, four of them sculptures, to be placed on Prince Greenway. A fifth proposal involves an artistic lighting design on the bridge that will link Olive Park to Prince Greenway.

14. CITY MANAGER'S REPORTS

City Manager Kolin extended an invitation to the Utilities Engineering offices open house tomorrow morning and to an artist's reception for city firefighter Don Ricci, who has raised $75,000 for the World Trade Center victims' families through the sale of copies of his painting.

MAYORS REPORT

Mayor Martini stated the Water Advisory Committee had met regarding water conservation projects and will provide a report on the November 27 agenda. He announced the Mayors and Councilmembers meeting and relayed thanks to the Council from Rene Chouteau on their gift of a briefcase. He also announced the Community Conversation project.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

15.1 Sonoma County Water Agency, Notice of Board Workshop

15.2 Memo from Jeff Kolin, City Manager, regarding Application for E.P.A. FY 2002 Brownfields Cleanup Revolving Loan Fund Pilots

15.3 Memo from Richard Moshier, Deputy Director of Engineering, regarding Transportation Enhancement Act - Advisory Committee

15.4 Memo from Judi Lynch, Housing and Redevelopment, regarding Bellevue Ranch Self-Help Home Ownership Flyer

ADJOURNMENT

Hearing no further business, Mayor Martini adjourned the meeting at 6:20 p.m. The next regularly scheduled meeting will take place on November 13, 2001, at a time to be set by the Mayor.

11/6/2001