SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, JANUARY 7, 2003
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING


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

1. CALL TO ORDER AND ROLL CALL

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

2. STUDY SESSION

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

2.2 STUDY SESSION - LEGISLATIVE BRIEFING AND PRIORITIZATION

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT TO CLOSED SESSION(S) (MAYOR'S CONFERENCE ROOM - ROOM 10)

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, Civic Renewal Company and Orix Real Estate Investments
Under Negotiation: Price and terms of payment

3.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of 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: Sonoma County Housing Advocacy Group, et al. vs. City of Santa Rosa, et al.

3.4 ADJOURN CLOSED SESSIONS AND RECONVENE TO OPEN SESSION IN CITY COUNCIL CHAMBERS

4:27 P.M. (CITY COUNCIL CHAMBERS)

4. ANNOUNCEMENT OF ROLL CALL

As noted above, with Teen Council member Denell Nawrocki also in attendance.

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

City Attorney Brien Farrell reported the City Council had met in Closed Session regarding Item 3.2 as listed above and that, time permitting, the remaining items would be taken up at the conclusion of the Council meeting.

6. PROCLAMATIONS/PRESENTATIONS

6.1 PRESENTATION - 2002 EMPLOYEE FUND DRIVE

Bonnie Gilmore reported on the fund drive, describing those who would benefit and the increase in dollars raised over prior years. She indicated that the online employee silent auction had been particularly successful and listed the other events the committee had organized. Dell Tredinnick presented certificates of appreciation to key staff members Roberta Atha, Ed Buonaccorsi, Don Hicks and Bill Mushallo.

Mark Spaulding and Stephanie Ruloph of United Way presented departmental awards which were based on per capita giving and recognized the Employee Campaign Leaders.

6.2 PRESENTATION - SANTA ROSA MAIN STREET UPDATE

Patti Bowie, Executive Director-Santa Rosa Main Street, provided a brief update on the year's activities, thanking Council for its financial support and presenting the newly designed logo. She said Main Street had applied for tax exempt status, which would generate donations, and that a market study had been commissioned to provide a basis for a business development plan. She stated that many volunteer hours had been logged and that the three downtown districts were working together.

7. CITIZEN PUBLIC APPEARANCES

Bob Kennedy, 940 Morgan Street, stated he is an independent producer of a local television show and is able to borrow equipment and broadcast his show thanks to Council's efforts. He encouraged them to continue to support community media programs.

Jack Osborne, 5636 Del Monte Court, stated he had requested that the study session regarding legislative priorities be conducted during the public portion of the meeting and stated his opposition to a closed session topic. He also reported on his understanding of the law regarding announcement of closed session items.

Duane DeWitt, Roseland, spoke regarding economic conditions and the continued need for affordable housing. He announced an upcoming conference where Henry Cisneros will speak.

Ken Hart, Dignity of Man, delivered a message of a religious nature and recalled the values of the 1950s.

Terry Hilton, SWABA, P.O. Box 7933, inquired as to the City's plans for promoting Southwest Santa Rosa, whether it would be possible to exempt the southwest from Tiger Salamander restrictions and suggested ideas for placement of the statues from Jeju.

Linda R. Picton, 1501 Mendocino Avenue, discussed television programming around the Christmas holidays and the dearth of feminist literature in local bookstores.

Laura Graham, 5305 San Luis Avenue, spoke about public transportation and opposed the extension of the rail system, advocating for a monorail instead.

Michael Allen, 1117 Glenn Street, voiced complaints about the Public Works project on College Avenue, stating that the hours of operation and noise levels created are unbearable.

Councilmember Evans stated, in response to Mr. Allen, that She also hears the construction noise at her home. Mayor Wright stated that a response to the neighborhood would be forthcoming. In response to Mr. Osborne, the Mayor stated her objection to the implication that the Council prevents public access to its business. She said that study sessions are public meetings that the public is welcome to attend which provide the Council information in an informal setting and that no action is taken. Regarding Mr. Hilton's requests, She said there would be follow-up.

8. APPROVAL OF MINUTES - November 26, 2002, December 10, 2002 and December 17, 2002 Regular City Council Meetings

MOVED by Councilmember Martini, seconded by Councilmember Evans, carried 5-1-1 (Councilmember Condron absent, Councilmember Blanchard abstained) to approve the minutes of the November 26, 2002 City Council Meeting as submitted.

MOVED by Councilmember Martini, seconded by Vice Mayor Bender, carried 5-1-1 (Councilmember Condron absent, Councilmember Blanchard abstained) to approve the minutes of the December 10, 2002 City Council Meeting as submitted.

MOVED by Councilmember Martini, seconded by Vice Mayor Bender, carried 5-1-1 (Councilmember Condron absent, Councilmember Evans abstained) to approve the minutes of the December 17, 2002 City Council Meeting as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

Councilmember Evans stated She would abstain from voting on Item 10.6 since the ordinance was introduced at a meeting from which She was absent.

10. CONSENT ITEMS

PUBLIC COMMENT

Jack Osborne, regarding Item 10.4, stated his desire to see evidence of a cost benefit by executing the agreement with Winzler and Kelly.

City Manager Kolin reported that under State law governing professional services agreements, the City is prohibited from evaluating firms on the basis of price, which must instead be selected based on qualifications.

MOVED by Vice Mayor Bender, seconded by Councilmember Martini, carried 6-0-1 (Councilmember Condron absent), to adopt and waive the reading of the text of the resolutions in Item 10.1 through 10.5 as follows:

10.1 RESOLUTION - CONTRACT EXTENSION - SECURITY GUARD SERVICES AT CITY PARKING FACILITIES AND TRANSIT MALL

RESOLUTION NO. 25518 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 2 TO CONTRACT NO. 02-6346 SECURITY GUARD SERVICES AT CITY PARKING FACILITIES AND TRANSIT MALL WITH COMMERCIAL PROTECTIVE SERVICES, GARDENA, CALIFORNIA

10.2 RESOLUTION - ACCEPTANCE OF AN OFFICE OF TRAFFIC SAFETY GRANT - "AVOID THE 13"

RESOLUTION NO. 25519 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE POLICE DEPARTMENT TO ACCEPT A GRANT ADMINISTERED BY THE CALIFORNIA OFFICE OF TRAFFIC SAFETY

10.3 RESOLUTION - CALIFORNIA LAW ENFORCEMENT EQUIPMENT PROGRAM GRANT

RESOLUTION NO. 25520 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE CITY MANAGER TO ACCEPT A THIRD CALIFORNIA LAW ENFORCEMENT EQUIPMENT GRANT ADMINISTERED BY THE STATE CONTROLLER'S OFFICE OF THE STATE OF CALIFORNIA

10.4 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT AWARD - WEST COLLEGE UTILITIES FACILITIES - PHASE I

RESOLUTION NO. 25521 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WINZLER & KELLY, INC., OF SANTA ROSA, CA FOR DESIGN OF THE WEST COLLEGE UTILITIES FACILITIES, PHASE I

10.5 RESOLUTION - ACCEPT CLEAN AIR GRANT AND INCREASE APPROPRIATION

RESOLUTION NO. 25522 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA INCREASING THE APPROPRIATION FOR FLEET MAINTENANCE BY $104,000 AND OBTAINING GRANT REIMBURSEMENT

MOVED by Vice Mayor Bender, seconded by Councilmember Martini, carried 5-1-1 (Councilmember Condron absent, Councilmember Evans abstained), to adopt and waive the reading of the text of the ordinance in Item 10.6 as follows:

10.6 ORDINANCE ADOPTION - PREZONING OF PROPOSED ANNEXATION SWSR 4-02

ORDINANCE NO. 3592 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE AREA INCLUDED WITHIN THE PROPOSED ANNEXATION SWSR 4-02 (REQUARTH ANNEXATION), LOCATED WEST OF WRIGHT ROAD AND NORTH AND SOUTH OF SEBASTOPOL ROAD, MORE PRECISELY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B" - FILE NUMBER ANX00-008

11. SCHEDULED ITEMS

11.1 REPORT - REFUSE FRANCHISE CHANGES - FRANCHISE FEES AND ASSIGNMENT

MOVED by Vice Mayor Bender, seconded by Councilmember Evans, carried 5-0-2 (Councilmembers Condron and Rabinowitsh absent), to continue this item to the City Council meeting of January 21, 2003.

11.2 REPORT - WAIVER OF COMPETITIVE BIDDING, SOLE SOURCE PURCHASE OF DATARADIO WIRELESS MODEMS, SOFTWARE AND ANTENNAS FOR SANTA ROSA FIRE DEPARTMENT VEHICLES

Bob Pacheco, Senior Buyer, made the staff presentation, stating that a request for the waiver of competitive bidding and issuance of a sole source purchase order were being sought for the purchase of 32 wireless modems, software and antennas manufactured by Dataradio Corporation. He said this was necessary since Dataradio had been selected to provide the wireless data transmission network for the countywide CAD/RMS system. He reported that Day Wireless Systems was the only local licensed distributer of the equipment and would be performing the installation and that the funds for this purchase were budgeted from CAD/RMS Project Charge No. 8934.

PUBLIC COMMENT

Jack Osborne stated his objection to waiving the competitive bidding process.

Mr. Pacheco stated that software for specific applications is often proprietary in nature and that if Day Wireless were to go bankrupt, another vendor of the software would be sought.

MOVED by Councilmember Evans, seconded by Councilmember Rabinowitsh, carried 6-0-1 (Councilmember Condron absent), to adopt and waive reading of the resolution in Item 11.2 as follows:

RESOLUTION NO. 25523 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA WAIVING FORMAL COMPETITIVE BIDDING AND ACCEPTING THE PROPOSAL FROM DAY WIRELESS SYSTEMS, BENICIA, CALIFORNIA, FOR THE PURCHASE AND INSTALLATION OF THIRTY-FOUR (34) DATARADIO CORPORATION WIRELESS MODEMS, SOFTWARE LICENSES AND ANTENNAS

11.3 REPORT - ECONOMIC DEVELOPMENT STRATEGIC PLAN - PROFESSIONAL SERVICES AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES

Susan McCue, Economic Development Manager, gave the staff report, stating that approval was being sought to enter into an agreement with Economics Research Associates (ERA) for preparation of an economic development strategic plan. She said the State had awarded the City $60,000 to fund the plan, which is meant to lay out specific steps toward achieving an enhanced job picture, upgrading retail, identifying mixed-use opportunities and building economic strength. She reported that the Council's Economic Subcommittee had interviewed three firms from among the many who submitted proposals and had recommended ERA.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent), to adopt and waive reading of the resolution in Item 11.3 as follows:

RESOLUTION NO. 25524 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ECONOMIC RESEARCH ASSOCIATES FOR AN ECONOMIC DEVELOPMENT STRATEGIC PLAN

11.4 REPORT - DEFERRAL OF FEES - CYPRESS RIDGE APARTMENTS - 2239 MEDA AVENUE

Mark Wolfe, City Planner, gave the staff presentation, stating that deferral of development impact fees for Cypress Ridge Apartments in the amount of $2.2 million was being requested by Burbank Housing, the project developer.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent), to adopt and waive reading of the resolution in Item 11.4 as follows:

RESOLUTION NO. 25525 ENTITLED: A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT WITH THE DEVELOPER OF THE CYPRESS RIDGE APARTMENTS DEFERRING PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES

5:00 P.M.

11.5 PUBLIC HEARING - CORPORATE CENTER BUSINESS PARK REZONING

Frank Kasimov, City Planner, gave the staff report, stating that applicant, Simons and Brecht, Inc., has applied for rezoning to create a new zoning district for all of its 29 parcels in the Corporate Center Business Park. He said that the applicant's desire was to bring all of its parcels under one set of regulations and to make modifications to reflect recent changes in the revised General Plan. He said that the new Policy Statement would allow new conditionally permitted uses, would set forth standards for adjacent lots and would include a section regarding modifications to the Policy Statement or Development Plan.

PUBLIC HEARING (5:42 P.M.)

Hearing no testimony, the Mayor closed the public hearing.

MOVED by Councilmember Blanchard, seconded by Councilmember Martini, carried 6-0-1 (Councilmember Condron absent), to introduce and waive reading of the ordinance in Item 11.5 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 GENERALLY LOCATED IN THE VICINITY OF CORPORATE CENTER PARKWAY, CHALLENGER WAY, CAPRICORN WAY, APOLLO WAY, MERCURY WAY, AND CORSAIR WAY FOR 29 PARCELS WITHIN THE CORPORATE CENTER BUSINESS PARK - FILE NUMBER REZ02-016

12. [IF NEEDED] - FURTHER ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT TO CLOSED SESSION(S)

City Attorney Farrell announced that Council would meet following adjournment of its regular session to take up Item 3.3 of the closed session items, as listed above.

13. MAYOR'S/COUNCILMEMBERS' REPORTS

13.1 BOARD AND COMMISSION APPLICATION PROCESS

City Manager Kolin introduced the item, stating that a memorandum had been provided outlining the three options Council had identified at its December 17, 2002 meeting for establishing a procedure for filling the seats on the City's seven Boards and Commissions in accordance with the recently enacted Charter amendments. He outlined the options briefly, and Council concurred on the selection of Option 3, wherein lots would be drawn for rotation of appointments by Councilmembers, the Planning Commission and Board of Public Utilities would be considered first, and one or two Boards or Commissions would be taken up each successive month thereafter. He said Option 3 also provided for existing members to reapply if they wiShed to, stated that new applicants would be advertised for and the applications placed in a resource book at the City Manager's Office.

Council discussion ensued on the selection process, such as whether or not applications would be required, if there were professional requirements for appointees and whether to require applicants to complete conflict of interest forms before they are seated. The Councilmembers drew lots for rotation of appointments as follows: Councilmember Evans - #6, Councilmember Rabinowitsh - #1, Vice Mayor Bender - #4, Councilmember Condron - #5, Mayor Wright - #7, Councilmember Martini - #2 and Councilmember Blanchard - #3.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent) to establish a procedure for filling the seats on the City's seven Boards and Commissions according to the provisions of "Option 3", as detailed in the memorandum to Council from City Manager Kolin dated December 18, 2002, and establishing the rotation of appointments.

COUNCILMEMBER REPORTS

Councilmember Evans reported on her recent vacation in Cuba.

Councilmember Rabinowitsh reported on a Highway 101-Steele Lane to Highway 12 project meeting regarding bridge abutments along Highway 101 and announced an upcoming meeting on the design proposals.

Vice Mayor Bender announced that the Green Building program would begin the next Friday with a kick-off meeting at PG&E, reported on an upcoming gang education meeting, stated that She would be traveling to Fresno to meet with gang prevention experts and discussed the decision to place the Korean sculptures at Sonoma Avenue Park.

Councilmember Blanchard reported on his attendance of a conference on the California Tiger Salamander (CTS) which included informational presentations by scientists and a bus tour of habitat areas.

Councilmember Martini added that he is not aware that any areas will be exempted from inclusion on a list regarding protected areas for the CTS. He said the fin al decision is expected in March.

Mayor Wright reported on an Economic Development Committee site visit to G and G Foods and stated that She and Councilmember Martini would be meeting with representatives regarding Jack London School.

14. CITY MANAGER'S REPORTS

Mr. Kolin announced the upcoming Mayors' and Councilmembers' meeting and the Council Goals meeting the following week. He also reported on the upcoming City Staff Strategic Planning session. He concluded by announcing that he would meet with Assembly member Wiggins to discuss the State budget crisis.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

15.1 Letter from Stephen F. Burke, Director - Housing and Redevelopment, regarding Redevelopment Agency Annual Report for Fiscal Year Ended June 30, 2002

15.2 Letter from Richard G. Carlile, Planning Commissioner, tendering his resignation from the Commission, effective December 13, 2002

15.3 Memorandum from Wayne G. Goldberg, Director - Community Development, regarding Cultural Heritage Board attendance, Fourth Quarter 2002

15.4 Memorandum from Wayne G. Goldberg, Director - Community Development, regarding Design Review Board attendance, Fourth Quarter 2002

15.5 Memorandum from David Gouin, Housing and Redevelopment Manager, regarding the Santa Rosa Housing Trust Fund

15.6 Memorandum from Brenda Thomas, BPU Secretary, regarding BPU attendance, Fourth Quarter 2002

16. ADJOURNMENT OF MEETING

Hearing no further business, Mayor Wright adjourned the meeting at 6:28 p.m. in honor of Dorothe Hutchinson, citing her many contributions to the community. The next regularly scheduled meeting will take place on January 14, 2003, at a time to be set by the Mayor.

1/7/2003