SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, JUNE 4, 2002
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING


3:30 P.M. (MAYOR'S CONFERENCE ROOM)

1. CALL TO ORDER AND ROLL CALL

Mayor Martini called the meeting to order at 3:30 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) - NONE

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

3.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: AP Nos: 10-460-002; 10-184-020, -029; 125-121-006, 013, -015, -016; 125-123-003, -004, -008-010 (Sebastopol Road at Roberts Avenue)
Agency Negotiator: Ed Brauner, Deputy City Manager, City of Santa Rosa
Negotiating Parties: County of Sonoma and Civic Renewal Company, Orix Real Estate Investments
Under Negotiation: Price and terms of payment

3.2 CONFERENCE WITH LABOR NEGOTIATORS

Agency Designated Representatives: Ed Brauner, Deputy City Manager and Fran Elm, Employee Relations Manager

Employee Organizations: Service Employees International Union Local 707 (representing City employee Units 3 - Maintenance; Unit 8 - Transit; Unit 14 - Police Civilian Technical Unit) and Santa Rosa City Employees Association (representing City employee Units 4 - Support Services; Unit 6 - Professional; Unit 7 - Technical)

Unrepresented Employees: City employee Unit 10 - Executive Management; Unit 11 - Middle Management; Unit 12 - Confidential

3.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Name of case: People of the State of California and City of Santa Rosa v. Olivia Jean Grindeland, et al.

3.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Name of case: Annette S. Elder-Evins, et al. v. City of Santa Rosa; People of the State of California, City of Santa Rosa v. Annette S. Elder-Evins, et al.

3.5 ADJOURN CLOSED SESSIONS AND RECONVENE TO OPEN SESSION IN COUNCIL CHAMBERS

4:00 P.M. (COUNCIL CHAMBERS)

4. ANNOUNCEMENT OF ROLL CALL

Mayor Martini reconvened the meeting at 4:00 p.m. in the Council Chamber. Mayor Martini announced Roll Call as indicated previously in the minutes.

5. REPORT ON CLOSED SESSION(S)

City Attorney Brien Farrell reported the City Council had met in Closed Session regarding the items listed in 3.1 Conference with Real Property Negotiator, 3.2 Conference with Labor Negotiators, 3.3 Conference with Legal Counsel - Existing Litigation, and 3.4 Conference with Legal Counsel - Existing Litigation. There were no announcements to be made following the closed session.

6. PROCLAMATIONS/PRESENTATIONS

6.1 PRESENTATION - HISTORIC PRESERVATION AND THE SANTA ROSA RURAL CEMETERY

Kelley Magnuson, Recreation and Parks, made the presentation, stating that the theme for May is Historic Preservation and reading a message which stated its benefits. She introduced Bill Montgomery, who listed the historic sites for whose caretaking the City is responsible. Cemetery volunteer Rebecca Baker related her experiences as a docent and announced the upcoming Lamplight Tour and the Rural Cemetery.

6.2 PROCLAMATION - GAY PRIDE MONTH

Mayor Martini read the proclamation aloud and it was received by Larry Trent, president of the Sonoma County Lesbian and Gay Pride Board. Mr. Trent thanked the Council for the proclamation and went on to thank Stephanie Acuna in the City Manager's Office and Police Commander Rodney Sverko for their assistance in making their annual event go smoothly. He closed by inviting the Councilmembers to attend the parade.

6.3 PROCLAMATION - REVEREND COFFEE

The Mayor read the proclamation aloud, stating that he will present it at an event on June 9 celebrating Reverend James Coffee of The Community Baptist Church.

7. CITIZEN PUBLIC APPEARANCES

Jack Osborne said he had viewed the televised Council meeting the previous week, and that the Mayor appeared to require card signage in violation of the Brown Act. He also addressed racial sensitivity and profiling.

Ken Hart, Spirit of the Roses, spoke of Starman and radio waves and went on to relate a negative experience he had with a woman at the Homeless Shelter which resulted in his expulsion. He stated to City Attorney Farrell that he felt his rights had been violated.

Ruth Erdmann, who lives in Rincon Valley Mobile Estates, spoke about affordable housing and distributed a statement to Council which she then read aloud. She voiced her concerns about the loss of rent control and the resulting impact on residents who are on fixed incomes.

Linda Picton reported on an event at Juilliard Park which many bicyclists attended. She also spoke about volunteerism and its benefit to the community.

Scott Johnson provided an update on the progress at Bellevue Ranch, a construction project of four owner-builder families. He said that they were in the seventh month of work and that progress was good. He stated that the first group of 54 homes will be complete in about four months and invited the Council to visit the site.

John Withers gave his ideas about fostering leadership from the City's west side, stating that leaders must be grown. He recommended dividing the City into smaller areas and appointing boards and commissions for each one, thereby assuring air representation.

Terry Hilton, South and West Business Area Association, read a letter from the Board and executive committee on item 11.5 and commented on item 3.3 regarding Jean Grindeland, stating he would like to be notified of proceedings. He read aloud a letter to the Board of Supervisors regarding the Human Services Building, stating that the project makes sense for economic reasons.

David Grabill thanked the Mayor for arranging a meeting on affordable housing where the City was urged to put more content into the housing element. He said that a smaller committee was formed and a distilled set of proposals was written, copies of which he distributed. He said that the process for site identification needs to be refined and urged Council, if it adopts the state's density bonus program, to double the percentages.

Margo Warnecke Merck followed up on Mr. Grabill's comments, stating that the housing forum had been well-attended and that special needs housing was considered imperative. She read a list of provisions for special needs housing that are currently provided by the County and asked that similar ones be adopted in the City.

Mayor Martini directed Mr. Kolin to forward Ms. Erdmann's letter to Judy Lynch in Housing and to provide a written response to the Council.

8. APPROVAL OF MINUTES - NONE

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

Councilmember Bender stated she would abstain from the portion of the Council Goals, item 11.1, during which A Place to Play was discussed due to her position as president of the Field Trust. She stated she would also abstain from item 11.2 for the same reason. City Manager Kolin stated he would absent himself from the meeting during item 11.5 due to a potential conflict of interest with his spouse's employment. Mayor Martini stated he would hand the gavel to Vice Mayor Wright during the portion of the meeting (item 11.1) in which the Food and Wine Center would be discussed due to a potential conflict of interest related to the wine industry.

10. CONSENT ITEMS

MOVED by Vice Mayor Wright, seconded by Councilmember Rabinowitsh, carried unanimously, to adopt and waive the reading of the text of the ordinances in Items 10.1 and 10.2 as follows:

10.1 ORDINANCE ADOPTION - UTILITY USER TAX REVISION

ORDINANCE NO. 3564 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 3-32, "UTILITY USERS TAX" OF THE SANTA ROSA CITY CODE

10.2 ORDINANCE ADOPTION - CITY CODE AMENDMENT TO REIMBURSEMENT AGREEMENT RECORDING REQUIREMENTS

ORDINANCE NO. 3565 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SECTION 21-10.050 OF THE SANTA ROSA CITY CODE RELATING TO RECORDATION OF REIMBURSEMENT AGREEMENTS

11. SCHEDULED ITEMS

11.1 REPORT - COUNCIL GOALS AND WORK PLANS (Continued from the May 21, 2002 Council Meeting)

City Manager Kolin gave the history on the Council's seven high priority goals for fiscal year 2002-03, stating that this report was the result of several months of subcommittee work. He introduced staff members who had been assigned as liaisons for each goal, each of whom presented a brief overview of the associated work plan.

Chuck Regalia, Deputy Director of Community Development, spoke on the housing goal, reporting that the implementation of the in-lieu fee was in progress. He said that work continues on commercial linkage and that more work on homeless shelters will occur.

Mr. Kolin reported on the Prince Memorial Greenway goal in Marc Richardson's absence, stating that the current focus was securing funding for Phase 3 of the project.

Rich Hovden, Park Project Superintendent, spoke about A Place to Play in Chuck Rust's absence, stating that Phase 1 of A Place to Play would be complete by month's end. He said that Phase 1A had just gotten underway and was scheduled to be available in the spring of 2003. He concluded by describing funding opportunities that would possibly be available.

At this time, Mayor Martini passed the gavel to Vice Mayor Wright.

Susan McCue, Economic Development Manager, reported on the Downtown/Main Street goal, stating that the Downtown Committee, comprised of Councilmembers Condron, Vas Dupre, Evans, Wright and Rabinowitsh had been meeting and had broken down into topical areas as follows: Main Street, the transit-oriented food/wine center, Courthouse Square, mixed-use housing and parking, museum expansion and family-use amenities.

Rick Moshier, Acting Public Works Director, reported on the traffic circulation/transportation goal, describing the major components and giving an update on upcoming projects as follows: Hoen and Farmers Lane partial interchange, Stony Point Road and the Farmers Lane extension. He reported on grants which are being applied for and stated that some had already been received for pedestrian paths.

Ron Bosworth, Director of Administrative Services, spoke about financial stabilization, outlining the elements of the goal and stating that the major focus was public education.

He said specific actions to be taken would be identified at upcoming meetings.

Colleen Ferguson, Supervising Engineer - Public Works, reported on the environment goal, stating the breakdown of projects as follows: finding open space within the City, prioritizing a list of joint projects with the Open Space District, completing a climate protection assessment, supporting trail space at the Laguna, finding opportunities for inter-agency collaboration and adopting policy revisions regarding hillside-ridge top development.

Mr. Kolin ended the presentation by stating that incremental progress toward accomplishing the goals had already been made and that the work plans are the basis for staff efforts to achieve progress in each goal area. He stated that periodic progress reports would be made to Council over the course of the fiscal year.

PUBLIC COMMENT

Jack Osborne commented that this was the first time in 17 years that the Council goals had been discussed in a public forum and that he appreciated it.

MOVED by Councilmember Condron, seconded by Councilmember Vas Dupre, carried unanimously, to receive the work plans, excluding the goals related to A Place to Play and the Food and Wine Center.

MOVED by Councilmember Condron, seconded by Vice Mayor Wright, carried 6-0-1 (Mayor Martini abstaining), to receive the work plan related to the Food and Wine Center.

MOVED by Councilmember Condron, seconded by Councilmember Evans, carried 6-0-1 (Councilmember Bender abstaining), to receive the work plan related to A Place to Play.

11.2 REPORT - BID AWARD/APPROPRIATION & TRANSFER OF FUNDS - RESTROOM /CONCESSIONS BUILDING FOR "A PLACE TO PLAY"

Bob Pacheco, Senior Buyer, made the staff presentation, stating that of the bids received on this project, the one submitted by West Coast Contracting in the amount of $182,126 was the lowest responsive bid. He recommended awarding the bid along with a project contingency amount equal to 10% of the contract award. He further recommended that $150,000 from the General Fund be appropriated for purchase of the building and concession equipment, which would be reimbursed from various sources.

PUBLIC COMMENT

Jack Osborne stated he had a problem with the $49, 661 in excess of the original bid award and felt it was unclear.

Mr. Hovden responded that the $49,661 was to pay for engineering services during construction and concession equipment, as well as water and sewer demand fees.

MOVED by Vice Mayor Wright, seconded by Councilmember Rabinowitsh, carried 6-0-1 (Councilmember Bender abstaining), to adopt and waive the reading of the text of the resolution in Item 11.2 as follows:

RESOLUTION NO. 25263 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING THE BID OF WEST COAST CONTRACTING FOR THE PURCHASE AND INSTALLATION OF A RESTROOM/CONCESSION BUILDING FOR "A PLACE TO PLAY"

11.3 REPORT - AGREEMENT FOR PROFESSIONAL SERVICES FOR CONSTRUCTION CONTRACT ADMINISTRATION OF THE FARMERS LANE/HIGHWAY 12 PARTIAL INTERCHANGE PROJECT

Larry Zimmer, Associate Engineer, made the staff presentation, stating that the project would go out to bid in August, necessitating Public Works construction contract administration. He said an RFP had been issued and that Harrison Associates had been selected for a sum not to exceed $712,604, which includes construction staking and material testing.

PUBLIC COMMENT

Jack Osborne stated that the sum seemed excessive and wondered how many staff people could be hired for the same amount.

Mr. Zimmer responded that the total project cost was $5.3 million, of which the $712,604 represents about 13%.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Condron, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.3 as follows:

RESOLUTION NO. 25264 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH HARRIS & ASSOCIATES FOR CONSTRUCTION CONTRACT ADMINISTRATION OF THE FARMERS LANE/HIGHWAY 12 PARTIAL INTERCHANGE PROJECT

11.4 REPORT - INTRODUCTION TO UPDATED DEVELOPMENT IMPACT FEE REPORTS

Chuck Regalia, Deputy Director - Community Development, made the staff presentation introducing the fee update reports. He gave the history of the fee establishment and said that every five years, those fees are reviewed and a determination made whether additional projects should be added or cost estimates updated. He stated that the reports generated by the City's consultant, Economic and Planning Systems (EPS), look at all three fees and make recommendations. He introduced Walter Keiser from EPS, who presented the findings.

Mr. Keiser stated that the purpose of this review was to evaluate whether the fees are reflective of actual costs of items built. He said that, with respect to the Capital Facilities Fee, improvements have been added to the project list, costs totaling almost $303 million, of which only about 45% may be allocated to new development. He stated that development densities are higher, resulting in fees coming up. He said the major cost items are those such as freeway bridges, storm drainage, bikeways, walkways and fire facilities.

Mr. Keiser reported that the total cost of improvements in the southwest is now $90 million, of which approximately $76 million can be allocated to new development. He said the fees have risen by a margin of about 30%, due in part to the costs for roadway improvements and added fire facilities.

Regarding the southeast area, Mr. Keiser said that the updated costs are about $19 million, of which $17 million is allocated to new development. He stated that residential development is close to 1995 estimates, with commercial being slightly higher, and that the capital amounts have remained basically the same.

Council discussion ensued regarding various projects and fees, and it was determined that the project lists shown in the reports were difficult to analyze and contained some reprographical errors. Councilmembers agreed that they could not make recommendations based on the materials as provided. Mr. Kolin stated that new project lists would be generated which would show the costs more clearly. Mr. Regalia stated that he felt the compilation of new information could be carried out simultaneously with the opening of the 30-day public review period.

PUBLIC COMMENT

Kevin Fredrickson, Pleasanton, asked whether a letter he had written had been received by Council. He stated that Brookfield Homes proposes a project of single-family detached homes which include a second unit and that the fees are very prohibitive. He asked that staff be directed to investigate the fee impact on second units.

Mr. Regalia stated that Mr. Fredrickson's point was a good one, although some of his information was incorrect, and that he would follow up on his questions.

MOVED by Councilmember Evans, seconded by Councilmember Vas Dupre, carried unanimously, to initiate a 30-day pubic review period and to direct staff to respond to Council comments, schedule a study session to discuss items raised and begin meeting with interested members of the public and the building industry.

11.5 REPORT - DEFERRAL OF FEES FOR COUNTY HUMAN SERVICES BUILDING (Continued from the May 28, 2002 Council Agenda)

At this time, City Manager Kolin absented himself from the meeting.

Deputy City Manager Ed Brauner gave the staff report, stating that the County was proposing the lease of a building to be constructed in Roseland which would house the County Human Services Department. He said that the site had been chosen because of its proximity to service recipients and that it would provide an economic stimulus to the area. He further stated that the County, in order to bring its costs in line with funding agency requirements, had requested a deferral of $2.5 million in City fees. Mr. Brauner requested that he be authorized to negotiate the terms of the fee deferral.

PUBLIC COMMENT

Jack Osborne stated that he doubted that these fees would ever be repaid and that the terms should be decided before the agreement was made.

Mr. Brauner responded that there are mechanisms that would allow the fees to be repaid as funding comes forth, or when bonds are sold, and that he would work on those details over the next few months.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Evans, carried unanimously, to authorize Deputy City Manager Brauner to negotiate the terms of a $2.5 million fee deferral.

At this time, Mr. Kolin returned to the dais.

At this time, the Mayor reordered the agenda as follows:

11.7 PUBLIC HEARING - CYPRESS RIDGE REZONING - 1815 MEDA AVENUE

Mark Wolfe, City Planner, made the staff presentation, stating that the project site is within the southeast area planned community zoning district, which places a maximum density of 13 units per acre on the site. He said that the applicants are proposing a 122-unit apartment project at a density of approximately 16 units per acre and are requesting a density bonus. He explained that, in exchange for the density bonus, the developer would be providing units for low and very low income housing, as approved under State and City bonus programs. He concluded by stating that the project had been well-received by the Design Review Board and that the Planning Commission, on a 6-0 vote, had recommended the rezoning.

PUBLIC HEARING (6:44 P.M.)

Paul Carroll spoke in support of the project on behalf of the Sonoma County Housing Coalition, stating that they endorse it because it serves a community need for affordable housing.

MOVED by Councilmember Vas Dupre, seconded by Councilmember Condron, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.7 as follows:

RESOLUTION NO. 25265 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA FINDING THAT THE CYPRESS RIDGE PLANNED COMMUNITY REZONING IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED SOUTHEAST SANTA ROSA AREA PLAN FINAL ENVIRONMENTAL IMPACT REPORT - FILE NUMBER MJP01-028

MOVED by Councilmember Vas Dupre, seconded by Councilmember Condron, carried unanimously, to introduce and waive the reading of the text of the ordinance in Item 11.7 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 1815 MEDA AVENUE - ASSESSOR'S PARCEL NUMBER 044-031-036 - FILE NUMBER MJP01-028

11.6 REPORT - DRAFT GENERAL PLAN - SANTA ROSA 2020 (Continued from May 28, 2002)

PULIC COMMENT

Zachary Walton, an attorney with the firm Paul Hastings representing Union Pacific, stated that his client only recently discovered that the proposed general plan could substantially impact plans to redevelop their property and that written notice of the planned zoning change from industrial to medium residential was never received. He said that general notice such as newspaper publication was not sufficient since Union Pacific's main office is out of state. He concluded by stating that Union Pacific is willing to work with the City so that the general plan timeline is not disrupted and requested the opportunity to meet with staff.

Mayor Martini, after confirming that Mr. Walton did in fact represent Union Pacific, the owners of the property in Railroad Square that is being transferred to the Northwest Pacific Rail Authority, stated that the City has been attempting to contact Union Pacific for years without success. He requested a meeting to discuss issues beyond the land use designation addressed by Mr. Walton, such as the clean-up of the property that has not been accomplished.

Bill Klippert, addressing the non-residential growth management aspect of the general plan, or the cap on jobs, asked if there will be other avenues to speak on this item in the future.

Mayor Martini responded that there would be significant opportunity for further public input on this topic and outlined the upcoming schedule.

Michelle Gervais also spoke about non-residential growth management, said that she would provide her thoughts in writing but briefly stated her support toward efforts on behalf of the local economy. She said restrictions on jobs pose a problem and questioned how job growth management would play out. She said that, while tracking jobs could be useful, much more discussion needed to take place.

BREAK (7:00 P.M. - 7:35 P.M.)

Council resumed its deliberations of the Draft General Plan topics as follows:

Mayor Martini set a special meeting of the Council to continue its deliberation of the Draft General Plan to be held on June 10, 2002, commencing at 3:00 p.m.

12. ANNOUNCEMENT OF CLOSED SESSION TOPICS

There were no further announcements to be made.

13. MAYOR'S/COUNCILMEMBERS' REPORTS

13.1 CONSIDERATION OF SENATE BILL 1521 (KUEHL) (Continued from the May 21, 2002 Council Meeting)

Ms. Kranz reported that this bill sought to require cities and counties to comply with a state planning model and proposed to grant authority to the state over local planning. She recommended Council's opposition of the bill.

MOVED by Vice Mayor Wright, seconded by Councilmember Rabinowitsh, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 13.1 as follows:

RESOLUTION NO. 25266 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA OPPOSING SENATE BILL 1521

*13.2 UPDATE ON DOWNTOWN MIXED USE DEVELOPMENT

MOVED by Councilmember Evans, seconded by Councilmember Condron, carried unanimously, to add item 13.2 to the agenda.

Vice Mayor Wright stated that much time has been spent in subcommittee trying to determine the highest and best use of the site and requested that the item be added to the next week's agenda.

MOVED by Vice Mayor Wright, seconded by Councilmember Condron, carried unanimously, to place an item on the agenda of June 11, 2002 related to the development and design criteria for the White House mixed-use project.

COUNCILMEMBER REPORTS

Councilmember Vas Dupre reported the time of the upcoming BPU Liaison Committee meeting and inquired as to the time and date of the next Charter Review meeting.

Councilmember Evans reported on her attendance of the Main Street Santa Rosa Board meeting, where parking issues were discussed.

Vice Mayor Wright spoke about a meeting of the Economic Development Committee, and that the strategic plan would move forward. She also reported on the activities of the Financial Stabilization committee.

Councilmember Bender stated she had met with a representative of the St. Rose neighborhood to discuss concerns regarding traffic, speeding and parking, as well as alcohol sales. She also announced the next meetings of the Field Trust, the North Bay League of Cities and A Place to Play.

Mayor Martini stated that an act of civil disobedience was going to be carried out at the Federal Building related to a DEA action regarding medical marijuana. He also reported on the meeting of the Water Advisory Committee.

14. CITY MANAGER'S REPORTS

City Manager Kolin reminded the Council of the upcoming Citizen's Academy graduation and invited them to attend. He also announced the next Mayor's and Councilmember's Executive Committee meeting.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

*15.1 Local Government Commission, Reports, Volume 22, No. 5, May 2002

*15.2 Letter from Wesley Chesbro regarding Clopyralid, May 23, 2002

*15.3 Announcement of Open House Meetings and Public Hearing regarding potential bridge toll increase, Golden Gate Bridge District

16. ADJOURNMENT OF MEETING

Hearing no further business, Mayor Martini adjourned the meeting at 10:08 p.m. The next regularly scheduled meeting will take place on June 11, 2002, at a time to be set by the Mayor.

6/4/2002