SANTA ROSA CITY COUNCIL MEETING MINUTES

TUESDAY, DECEMBER 11, 2001

COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE

REGULAR MEETING

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

1. CALL TO ORDER AND ROLL CALL

Mayor Martini called the meeting to order at 3:00 p.m. in the Mayor's Conference Room. Present: Mayor Martini, Vice Mayor Wright, Councilmembers Bender, Condron, Evans, Rabinowitsh and Vas Dupre.

2. STUDY SESSION(S)

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

2.2 JOINT STUDY SESSION WITH THE REDEVELOPMENT AGENCY - ART IN PUBLIC PLACES - PRINCE MEMORIALGREENWAY/VINEYARD CREEK HOTEL

Mayor Martini announced that the study session was held to review recommendations for pieces of art to be displayed at the Prince Memorial Greenway/Vineyard Creek Hotel and Kenneth Blackman Conference Center.

2.3 ADJOURN JOINT STUDY SESSION AND RECONVENE TO COUNCIL STUDY SESSION (Mayor's Conference Room)

2.4 STUDY SESSION - DISPOSAL OF BIOSOLIDS

Mayor Martini stated that the Council also met in a study session to discuss the disposal of bio solids.

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

3.1 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.

3.2 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. One potential case.

3.3 CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

(Subdivision (a) of Government Code Section 54956.9)

Name of case: Carla M. Clark, et al. v. City of Santa Rosa, et al.

3.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Name of case: Sanford, Hall, and Olivet Roads Community v. City of Santa Rosa, et al.

3.5 ADJOURN AND RECONVENE TO OPEN SESSION IN CITY COUNCIL CHAMBERS

4:00 P.M. (CITY COUNCIL CHAMBER)

4. ANNOUNCEMENT OF ROLL CALL

Mayor Martini reconvened the meeting at 4:11 p.m. in the Council Chamber. Mayor Martini announced Roll Call as indicated previously in the minutes. Also present was Maryam Biazar, Teen Council member, Maria Carrillo High School.

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

City Attorney Brien Farrell reported the City Council met in Closed Session at 3:30 p.m. regarding one item listed in 3.1 Conference with Real Property Negotiator and Conference with Legal Counsel - Anticipated Litigation. Mr. Farrell then announced that the remainder of the Closed Session agenda could either be discussed at the conclusion of the public meeting, or continued to the following week's meeting.

6. PROCLAMATIONS/PRESENTATIONS

Mayor Martini reordered the agenda to allow Rohnert Park Mayor Jake McKenzie to make an unscheduled presentation to the Council. Mayor McKenzie presented a proclamation regarding his term as mayor and acknowledging those who have earned his gratitude, among them Mayor Martini. He thanked the Council and the Mayor for their hard work.

6.1 PROCLAMATION - SANTA ROSA UNITED MAGIC SOCCER TEAM, WINNERS OF THE KELLOGG'S 2001 ALL-STAR BOWLTOURNAMENT

Mayor Martini read the proclamation which was accepted by Dave Imoto, President of the Santa Rosa United Soccer Club. The Mayor read the names of the coaches and team manager, as well as the entire team roster. The team members presented the Council with boxes of Frosted Flakes which bore their team picture.

7. CITIZEN PUBLIC APPEARANCES

Bob Tunks (as Santa Claus) spoke against war toys and recommended giving peaceful toys for Christmas gifts. He read a statement proposing that violent toys be banned.

Ken Hart, Spirit of the Roses, said that he agreed with Santa and spoke about getting to heaven. He said that he felt useless and didn't care to go on.

Jack Osborne, 5636 Del Monte Court, said the policy should be changed to allow study sessions to be held after 4:00 p.m. so they could be televised. He also said that recommendations should not be made in memos regarding appointees, and that a Council meeting cannot be adjourned to a regular session.

Anne Seeley announced that a memorial for Dick Day was tentatively set for January 12, 2002, from 2:00 to 4:00 p.m., at a location to be announced. She also spoke about ridgeline development, stating that the new guidelines were wonderful. She said that past failures were attributable to developer requests to Council, which resulted in policy exceptions being granted. She said She feared that the same circumstance may arise on the Farmers Lane extension project.

Terry Hilton, Southwest Area Business Association, congratulated the Santa Rosa United Soccer team, stating that they are one of many groups who benefit from fireworks sales. He invited the Council to his group's monthly luncheon to be held at the Villa on December 12, 2001, and featuring keynote speakers Wayne Goldberg and Bob Blanchard.

Mayor Martini thanked Santa Claus for his message. In response to Mr. Osborne, the Mayor stated that his recommendations would be made under Mayor's and Councilmembers' Reports, not in individual memos. He thanked Mr. Hilton for the information about the luncheon and then introduced Maryam Biazar, Teen Council member from Maria Carrillo High School.

8. APPROVAL OF MINUTES - Regular Council Meeting of November 20, 2001.

MOVED by Councilmember Condron, seconded by Councilmember Vas Dupre, carried 6-0-1 (Vice Mayor Wright abstaining due to her absence from the meeting), to approve the minutes of the November 20, 2001 meeting as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

There were no statements of abstention.

10. CONSENT ITEMS

MOVED by Councilmember Wright, seconded by Councilmember Condron, carried unanimously, to add Item 10.1 to the agenda.

MOVED by Councilmember Wright, seconded by Councilmember Rabinowitsh, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 10.1 as follows:

*10.1 RESOLUTION - 2001 FIRST NIGHT® SANTA ROSA FESTIVAL

RESOLUTION NO. 25049 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA IMPLEMENTINGPROVISIONS OF THE VENDOR ORDINANCE FOR FIRST NIGHT® SANTA ROSA FESTIVAL AND AUTHORIZING THETEMPORARY CLOSURE OF CERTAIN CITY STREETS

11. SCHEDULED ITEMS

11.1 REPORT - ENVIRONMENTAL ENHANCEMENTS AND MITIGATION PROGRAM (EEMP) PROPOSED PROJECT

Nancy Adams, Transportation Planner, gave the staff report, stating that the City has an opportunity to seek out funds for the Prince Memorial Greenway, Phase III, through the Environmental Enhancement Program. She said that the program would allow an opportunity to mitigate the scheduled improvements to Highway 101, from Highway 12 to Steele Lane. She said adoption of a resolution is required, authorizing the application which was previously submitted.

MOVED by Councilmember Rabinowitsh, 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. 25050 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING ANAPPLICATION TO THE STATE OF CALIFORNIA RESOURCES AGENCY FOR CONSIDERATION OF ENVIRONMENTALENHANCEMENT AND MITIGATION PROGRAM FUNDING FOR PRINCE MEMORIAL GREENWAY PHASE 3

11.2 REPORT - GEYSERS RECHARGE PROJECT CONSTRUCTION ADDENDUM - CONSTRUCTION COMPONENTS NEARLLANO ROAD

Dan Carlson gave the staff report and displayed an overhead which showed the location of the proposed spoils site on Brown Farm. He explained that the plan is to return excavated dirt to its origin al location, but that to be in compliance with CEQA and the City's environmental document, a minor modification to the mitigation monitoring contract was necessary.

Pat Collins reported that notices were sent out to adjacent property owners and copies of the addendum to other interested agencies, and there have been no responses thus far. She said that biologists have examined the site, which has already been in use for spoils disposal for 30 years, and it was determined that there are no special habitats or cultural resources present. She also said there was no significant visual impact from Highway 12, which is a designated scenic corridor.

Mr. Carlson discussed the second part of the resolution which asked Council to delegate certification of future construction addenda to staff. He stated that, in the event of a significant environmental effect, or public controversy, the option of coming before the Council still exists.

Mayor Martini stated that he would like to see the language more specifically designed to determine when an item needs to comeback before the Council, and urged caution on this sensitive project.

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

RESOLUTION NO. 25051 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CERTIFYINGADDENDUM TO EIR FOR, AND ADOPTING CERTAIN MODIFICATIONS TO, THE SELECTED SANTA ROSA SUBREGIONALLONG-TERM WASTEWATER PROJECT (CONSTRUCTION COMPONENTS NEAR LLANO ROAD) AND AUTHORIZING STAFF TOCERTIFY FUTURE ADDENDA

At this time, Mayor Martini reordered the agenda since it was not yet 5:00 p.m.

13. MAYOR'S/COUNCILMEMBERS' REPORTS -

Councilmember Vas Dupre reported on her attendance at the recent National League of Cities conference in Atlanta. She said She was impressed by one of the speakers, Dr. Benjamin Carson, who discussed community diversity, and recommended inviting him to speak in Santa Rosa. She said there were many other great topics as well. She also directed Council's attention to the League of Women Voters bay area newsletter, specifically the article on car-sharing and station cars. She wrapped up by praising the First Night festival, calling it a credit to the community.

Teen Councilmember Maryam Biazar spoke about the school board meeting where the Day of Dialogue was discussed. She said that the meeting was very well-attended, and the Board approved the event occurring during school hours at all of the high schools.

Councilmember Bender reported on her attendance, along with the Mayor and Councilmembers Evans and Rabinowitsh, of The Community Conversations day. She said continued outreach to the community for feedback and involvement is crucial. She also announced the upcoming meetings of the Budget Subcommittee and the

Bicycle Advisory Committee.

Councilmember Rabinowitsh announced that he would be unable to attend his scheduled Teen Council meeting and asked for someone to replace him. He also mentioned his upcoming meeting at the Board of Supervisors, where the formal request for $4million for Prince Greenway will be heard.

Mayor Martini reported on his and Mr. Kolin's meeting with a representative of the governor's office regarding the homeless situation and the potential for using the armory Shelter site. He said that the 2001-2002 budget was also discussed at that same meeting and a$4.5 billion deficit is projected, growing to $11 to $17 billion the following year. He explained that there will be additional pressure on states to find revenue sources, the most available one being vehicle license fees. He stated that those fees represent 5 to 6% of the City's General Fund and that he is working with Senator Chesbro and Assembly member Wiggins to protect that revenue source.

Mayor Martini then discussed the first meeting of the Charter Review Committee, stating that he had great confidence in the committee members.

14. CITY MANAGER'S REPORTS

Mr. Kolin praised the Council for their Charter Review Committee selections, stating that the members' experience and diversity will greatly benefit the City. He said that Committee Chair Michael Senneff set a good tone for the coming discussions and that a subcommittee will be formed to set forth the committee's schedule and process. He recommended that representatives of the City attend future meetings to give their perspectives on past review periods, suggesting Vice Mayor Wright, Councilmember Rabinowitsh, Deputy City Manager Brauner and former City Attorney Rene Chouteau as possible candidates.

Mr. Kolin echoed Councilmember Bender's comments on the Community Conversations workshop, stating that the feedback and input will be very valuable. He said that the results are in the process of being compiled and will be shared with the Council as part of their goal-setting session on January 11 and 12, 2002.

Councilmember Condron noted that She had attended the opening of the preschool which was a joint project between Four Cs and Monroe Elementary, and praised the efforts of those involved.

Mayor Martini distributed copies of the applications for the Bicycle Advisory Committee, with the recommendation that the appointments be added to the following week's agenda under Mayor's and Councilmembers' Reports. He advocated appointing the two applicants listed and called for comments from the Council. He also announced that the closing date for the application period for all other Boards and Commissions had passed, and said interviews would be arranged in the coming days.

In response to a question from Councilmember Vas Dupre about increasing the number of members on the Bicycle Advisory Committee, Mr. Farrell said that he would research the issue and address the question at the following week's meeting.

11.3 PUBLIC HEARING - ANNEXATIONS TO MAJOR SEWER DISTRICTS

City Manager Jeff Kolin gave the staff report, explaining that it is a requirement of state law that annexations to sewer districts be held at a public hearing and acted upon individually by the Council. He said that the City must file with the State Board of Equalization and the County Assessor a map and boundary description of the annexations which have occurred during the year. He noted that four separate resolutions were before the Council on this item, the purpose being to add the annexations to the tax rolls so the assessments can be collected.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Evans, carried unanimously, to adopt and waive the reading of the text of the four resolutions in Item 11.3 as follows:

RESOLUTION NO. 25052 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA ORDERINGANNEXATION OF TERRITORY - INTERCEPTOR, TRUNK SEWERS AND TREATMENT WORKS PROJECT NO. 55-TS

RESOLUTION NO. 25053 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERINGANNEXATION OF TERRITORY - MAJOR SANITARY SEWERAGE PROJECT

RESOLUTION NO. 25054 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERINGANNEXATION OF TERRITORY - NORTHWEST MAJOR SEWER PROJECT

RESOLUTION NO. 25055 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERINGANNEXATION OF TERRITORY - SANTA ROSA WASTEWATER SERVICES FACILITIES DISTRICT

11.4 REPORT - PUBLIC HEARING - LEDDY AVENUE SALVAGE YARD APPEAL

Ron Allen, Senior Planner, presented the staff report, displaying a map of the area and explaining the zoning designation, the surrounding existing uses and the complaint history. He noted that an inspection by the Building Division had found the property's use as a salvage yard to be unlawful and, upon the appeal of the property owner, the matter went before the Planning Commission. Mr. Allen stated that the Planning Commission voted 7-0 to order discontinuance of the salvage yard use and the applicant appealed that decision, based on her belief that the property is a non-conforming use and had pre-existed the County's zoning. He said that the staff, after extensive review, recommended upholding the Planning Commission's decision.

PUBLIC HEARING (5:13 P.M.)

Jack Osborne said that said from the photos, it was apparent that the property presents a public nuisance. He recommended fencing.

Kenneth Hanley, a resident of Leddy Avenue, stated that he had done business with Mr. Evins in the past. He disagreed with the way the hearing process had been described by staff, and objected to having been given the incorrect time for the start of one of the previous hearings.

He said the residents like the area the way it is, and suggested that local government had an ulterior motive for acting against Ms.Evins.

Annette Sharleen Elder-Evins began by explaining her late arrival at the third Planning Commission hearing and then went on to support her contention that her salvage yard operation is a pre-existing, non-conforming use of the property. She read a declaration She had written, and entered Planning Commission Resolution #10002 into the record, as well as displaying many other documents. She spoke at length about other topics, stated her willingness to eventually fence the property, and concluded by asking for the Council's good will when it makes its decision.

Hearing no further testimony, Mayor Martini closed the public hearing at 5:41 P.M

In response to a question from Mr. Farrell, Mr. Allen explained why signs were not posted on the property in advance of the Planning Commission hearings. He stated that the applicant did not pick up certified mail or respond to phone messages regarding the necessity for sign posting.

Mayor Martini asked for verification of staff's position as to whether or not this was a continuation of a legal non-conforming use at the time of annexation. Mr. Allen confirmed that all of his research indicates that the use was unlawful.

Councilmember Evans asked Mr. Allen to explain the impact of the Planning Commission's decision. He responded that upholding the decision would mean discontinuing the unlawful use. Mr. Farrell added that an action would be initiated to compel compliance, subject to the Council's wishes. He also stated that a period of time, 45 to 60 days for example, could be allowed the appellant to come into compliance.

In response to a question from Mayor Martini, Mr. Farrell explained that, in absence of voluntary compliance with the City's action, either criminal al or civil legal action would be initiated against the appellant. He stated that a violation of the City Code, as this use has been deemed to be, can be prosecuted as either a misdemeanor or a civil enforcement action with no associated criminal al penalties.

Councilmember Rabinowitsh asked for clarification on what a property owner is allowed to have on their property. Mr. Allen described the allowable fencing heights and stated that front yard areas are reserved for setbacks and landscaping.

Councilmember Evans followed up by asking whether there is anything other than shutting down the operation that could be approved, such as granting a conditional use permit for six-foot fencing. She also questioned the lack of neighbors in attendance at the hearing to voice complaints. Mr. Allen said that there is nothing short of amending the General Plan that would allow the current use.

Councilmember Condron inquired as to why the County had allowed the use even though it was deemed unlawful, and if that worked in the appellant's favor. Mr. Allen stated that the fact that the salvage yard has expanded invalidates that argument.

Further discussion ensued as to whether or not the appellant had a current business license on file and whether the property presented a public health or environmental hazard.

Mr. Farrell added that contained in the record before Council was a pleading filed by the appellant's attorney in 1996, wherein the attorney stated that, in 1996, the business was being operated in violation of County, and subsequently, City zoning regulations.

Mr. Kolin, referring to previous discussion, stated that a business license is not a means of obtaining land use approval, but is merely a revenue collection process for the City.

Mayor Martini stated that all indications are that the salvage yard at this location is an illegal, non-conforming use and he supported the Planning Commission's decision.

MOVED by Councilmember Evans, seconded by Vice Mayor Wright, as amended to provide a 60-day stay, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.4 as follows:

RESOLUTION NO. 25056 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA UPHOLDING THEACTION OF THE PLANNING COMMISSION REQUIRING THAT THE SALVAGE YARD BEING OPERATED AT 948 LEDDYAVENUE BE DISCONTINUED - FILE NO. CE00-0771

12. ANNOUNCEMENT OF CLOSED SESSION TOPICS

There were no further announcements made.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

*15.1 Memo from Wayne Goldberg, Director of Community Development, regarding the Farmer's Lane Extension, Scope of Environmental Review

*15.2 League of California Cities, Priority Focus, November 30, 2001

*15.3 Local Government Commission, Reports, November 2001

*15.4 Letter and Petitions from David Addleman, Board member, The Burbank Gardens Neighborhood Association, regarding a request for designation as an Historic District

Mr. Kolin suggested that the Council direct this letter and petitions to the Community Development Department and the Cultural Heritage Board for further consideration.

ADJOURNMENT

Hearing no further business, Mayor Martini adjourned the meeting to Closed Session at 6:03 p.m., to discuss Item 3.2 Conference with Legal Counsel - Anticipated Litigation. The next regularly scheduled meeting will take place on December 18, 2001, at a time to be set by the Mayor.

12/11/2001