SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 6, 2003
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING


3:00 P.M. (MAYOR'S CONFERENCE 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: Vice Mayor Bender, Councilmembers Martini, Evans, Condron, Rabinowitsh and Blanchard.

2. STUDY SESSION

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

2.2 STUDY SESSION - CAPITAL IMPROVEMENT PROGRAM

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: 0 Finley Avenue (A.P.N. 035-141-013)
Agency Negotiator: Josh Maresca, Right-of-Way Agent
Negotiating Parties: United States of America
Under Negotiation: Price and terms of payment

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: 93 Stony Circle (A.P.N. 010-680-003)
Agency Negotiator: Josh Maresca, Right of Way Agent
Negotiating Parties: Evans Lumber Company LLC
Under Negotiation: Price and terms of payment

3.3 CONFERENCE WITH LABOR NEGOTIATORS

Agency Designated Representatives: Karen Walker, Human Resources Director, Fran Elm, Employee Relations Manager, and Ed Brauner, Deputy City Manager

Employee Organizations: Service Employees International Union Local 707 (representing City employee Unit 1 - Parking Lot Attendants, Unit 3 - Maintenance, Unit 8 - Transit, and Unit 14 - Police Civilian Technical Unit) and Santa Rosa City Employees Association (representing City employee Unit 4 - Support Services, Unit 6 - Professional, and Unit 7 - Technical) and Firefighters, Local 1401 (representing Unit 2 - Firefighters), Police Officers Association (representing Unit 5 - Police Officers), Police Management Association (representing Unit 9 - Police Sergeants), and Unit 10 - Executive Management, Unit 11 - Mid-Management and Unit 12 - Confidential

3.4 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code section 54956.9: One potential case.

3.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Subdivision (a) of Government Code section 54956.9)

Name of case: Steve P. Rados, Inc. v. City of Santa Rosa, et al.

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

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

4. ANNOUNCEMENT OF ROLL CALL

All Councilmembers were present as noted above.

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

City Attorney Brien Farrell reported the City Council had met in Closed Session. He stated that the matters listed under items 3.4 and 3.5 were not taken up. There were no other announcements to be made following closed session.

6. PROCLAMATIONS/PRESENTATIONS

6.1 PROCLAMATION - WATER AWARENESS MONTH

Mayor Wright read the proclamation aloud, presenting it to Diane Lesko, Water Conservation Representative, who stated that this was the City's 13th year of participation in the water awareness program and outlined the program activities.

6.2 PRESENTATION - WATER CONSERVATION AWARDS

Mayor Wright presented water conservation awards to Mark Bowers, owner of Resource Design, a landscape architecture firm; and Don Bais, owner of Southside Wash & Dry.

6.3 PRESENTATION - SAFE DRIVING AWARD: CHUCK REGAN, BUS OPERATOR

Mr. Regan was presented with a plaque in honor of 40 years of safe driving, 20 years with Muni in San Francisco and 20 with the CityBus in Santa Rosa.

7. CITIZEN PUBLIC APPEARANCES

Ken Hart, Dignity of Man, spoke about his life and experiences.

Jack Osborne, 5636 Del Monte Court, spoke in opposition to the Capital Improvement Program (CIP) being discussed in a study session, discussed a recent gun-related tragedy and the right to bear arms, and referred to a previous week's public hearing, stating that an appellant's comments being limited to three minutes is a violation of the Administrative Hearing Act. He concluded by expressing his opposition to the City's proclamation entitled Día de los Niños, questioning why it was given a Spanish name.

Mat thew Neylon, 1601 Lance Drive, spoke in opposition to the war in Iraq and the lack of a formal declaration.

Elizabeth Neylon, 1601 Lance Drive, spoke about her experiences as an American, addressed societal ills and urged the Council to take a position against the war in Iraq.

Anne Seeley, 4370 Raymondi Way, addressed the CIP study session, stating that the information it contained was of great interest to citizens and inquired why it was not discussed in the Chambers and televised.

Patti Bowie, Santa Rosa Main Street, along with Jane Rogan, Chair of the Main Street Promotion Committee, displayed an example of one of the promotional Main Street banners that would be displayed downtown. Ms. Rogan stated that the purpose of the banners was to project an identity for Main Street and thanked the Council for its support.

Ann Hancock, 329 South Brush Street, Graton, provided an update on the Greenhouse Gas Inventory Project, stating that Santa Rosa was the first city to make a commitment to measuring and reducing greenhouse gas emissions. She discussed efforts around the County and displayed an overhead of the project's six phases.

Fay Kachinka, 108 Fernwood Court, stated that She and the next speaker were both Montgomery High School students and members of the Earth Club, and spoke of their efforts toward the clean-up of Spring Creek. She discussed "Voice of the Future," a program whose goal is to thank cities for signing on to the Cities for Climate Protection Campaign.

Katie Elliot, 4055 Polled Hereford Drive, echoed the comments of the two previous speakers and thanked the Council for completing Milestone One of the program, urging them to continue the good work.

Linda Picton, 1033 Fourth Street, stated She would like the right to live in a world that is car-free, gun-free and germ-free. She spoke in opposition to construction of a new parking garage at SRJC, discussed the use of guns to kill and advocated hand-washing as a means of germ control.

Terry Hilton, South and West Area Business Association, speaking on behalf of the Coddingtown Lions and the Self Esteem Living Foundation, reported on the upcoming parade and festival in Roseland. He invited the Councilmembers to attend and participate and requested City support.

Robin MacQuarrie, 755 Humboldt Street, spoke regarding the second dwelling unit ordinance, opposing the requirement that a garage be provided for such units. She also addressed water conservation, compost toilets and recycling.

Bill Pisenti, President, Redwood Empire Tax Committee, spoke in opposition of government programs and further burdens to taxpayers.

John Jenkel, Graton, requested that the Councilmembers uphold their oaths of office and the Constitution and spoke in opposition to the use of force in Iraq. He urged the Council to support the passage of House Joint Resolution 20.

Steve Lightfoot related his opinions about the government and society.

Mayor Wright, in response to Mr. Osborne, stated that the CIP would come back to the Council prior to approval and that the information was available to the public. She expressed appreciation for the update on the Greenhouse Gas Project.

Vice Mayor Bender stated her concerns about how greenhouse emission reduction programs will be implemented in light of budgetary restraints and advocated brainstorming among other involved cities.

Mayor Wright addressed Ms. Picton's concern regarding a bicycle/pedestrian overcrossing at SRJC, stating that it represents a long-term plan. She announced that She would attend the Roseland parade and discussed the City's recycling practices in response to Ms. MacQuarrie.

8. APPROVAL OF MINUTES - April 15, 2003 Regular City Council Meeting

MOVED by Councilmember Condron, seconded by Councilmember Martini, carried unanimously, to approve the April 15, 2003 City Council Meeting Minutes as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

Councilmember Evans stated She would abstain from item 10.6 and 11.4, due to potential conflicts of interest related to her employment. Councilmember Rabinowitsh stated he would abstain from item 11.3 due to a conflict of interest related to his spouse's employment.

10. CONSENT ITEMS

PUBLIC COMMENT

Jack Osborne, regarding item 10.8, stated it would be unreasonable to expect all the members of a class action suit to sign individually in all cases.

In response, Mr. Farrell stated that his office had recommended this action based on information received at a League of California Cities conference and that the purpose was to allow the City to identify those individuals making a claim against the City and allow resolution without litigation.

MOVED by Vice Mayor Bender, seconded by Councilmember Condron, carried unanimously, to adopt and waive the reading of the text of the resolutions in Items 10.1 through 10.5 and the motion in 10.7 as follows:

10.1 RESOLUTION - DESIGNATING AND AUTHORIZING SPECIFIC CITY OFFICIALS AND THE CITY'S REVENUE ENHANCEMENT CONSULTANTS TO EXAMINE CONFIDENTIAL SALES AND USE TAX RECORDS OF THE STATE BOARD OF EQUALIZATION

RESOLUTION NO. 25634 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DESIGNATING AND AUTHORIZING SPECIFIC CITY OFFICIALS AND THE CITY'S REVENUE ENHANCEMENT CONSULTANTS TO EXAMINE CONFIDENTIAL SALES AND USE TAX RECORDS OF THE STATE BOARD OF EQUALIZATION

10.2 RESOLUTION - CONTRACT EXTENSION - DISPOSAL OF BIOSOLIDS TO LANDFILL

RESOLUTION NO. 25635 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 2 TO CONTRACT NO. 02-6326 WITH REDWOOD LANDFILL, NOVATO, CALIFORNIA, FOR THE DISPOSAL OF BIOSOLIDS TO LANDFILL

10.3 RESOLUTION - CONTRACT EXTENSION - ASPHALT CONCRETE PRODUCT TERM CONTRACT

RESOLUTION NO. 25636 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 4 TO CONTRACT NO. 02-6500 WITH BODEAN COMPANY, INC., SANTA ROSA, CALIFORNIA, FOR THE PURCHASE OF ASPHALT CONCRETE PRODUCT

10.4 RESOLUTION - ACCEPTANCE OF AUGMENTATION OF THE SCHOOL RESOURCE OFFICER PROGRAM GRANT

RESOLUTION NO. 25637 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE ACCEPTANCE OF AUGMENTATION IN THE AMOUNT OF $58,224 OF THE SCHOOL RESOURCE OFFICER PROGRAM GRANT ADMINISTERED BY THE CALIFORNIA OFFICE OF CRIMIN AL JUSTICE PLANNING

10.5 RESOLUTION - APPROPRIATION OF FUNDS TO RECREATION AND PARKS DEPARTMENT TRUST ACCOUNT

RESOLUTION NO. 25638 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA INCREASING THE BUDGET OF THE RECREATION AND PARKS TRUST ACCOUNT NO. 4804 IN THE AMOUNT OF $25,972

10.7 MOTION - APPOINTMENT OF SANTA ROSA'S REPRESENTATIVES TO THE RUSSIAN RIVER WATERSHED ASSOCIATION AND COMMUNICATION STANDARDS FOR RRWA UPDATES TO COUNCIL (VICE MAYOR BENDER AND BPU CHAIRMAN DOWD)

MOVED by Vice Mayor Bender, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans abstaining), to adopt and waive the reading of the text of the resolution in Items 10.6 as follows:

10.6 RESOLUTION - BID AWARD - OVERLAY - CYCLE II

RESOLUTION NO. 25639 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING A BID AND AWARDING CONTRACT NO. 2002-025 TO ARGONAUT CONSTRUCTORS FOR OVERLAY - CYCLE II

MOVED by Vice Mayor Bender, seconded by Councilmember Condron, carried unanimously, to introduce and waive the reading of the text of the ordinance in Item 10.8 as follows:

10.8 ORDINANCE INTRODUCTION - REVISION TO SANTA ROSA CITY CODE SECTION 3-04.070 REGARDING PRESENTATION OF CLASS ACTION CLAIMS FOR MONEY OR DAMAGES

ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SECTION 3-04.070 OF THE CITY ROSA CITY CODE REGARDING PRESENTATION OF CLAIMS FOR MONEY OR DAMAGES

11. SCHEDULED ITEMS

11.1 REPORT - USE OF ASSET FORFEITURE FUNDS TO REPLACE GENERAL FUNDS TO PURCHASE A REPLACEMENT SPECIAL RESPONSE UNIT (SRU) VEHICLE

Chief of Police Mike Dunbaugh gave the staff report, stating that authorization was being sought to transfer funds for the purchase of a replacement Special Response Unit (SRU) Vehicle. He explained the purpose of the SRU vehicle and indicated that the one currently in use was unreliable and in need of expensive repairs. He stated that $210,000 was needed to replace it and explained a funding formula which would not impact the General Fund. He said that Asset Forfeiture Funds were intended for narcotic enforcement activities that would be a main use of the vehicle.

MOVED by Councilman Blanchard, seconded by Councilmember Condron, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.1 as follows:

RESOLUTION NO. 25640 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING USE OF ASSET FORFEITURE AND OTHER ACCOUNT FUNDS FOR THE PURCHASE OF A REPLACEMENT SPECIAL RESPONSE UNIT VEHICLE

11.2 REPORT - FOURTH STREET DIAGONAL PARKING IMPROVEMENT PROJECT

Jocelyn Lundgren, Housing and Redevelopment Manager, gave the staff report, stating that Council approval of the Redevelopment Agency's contribution of $53,000 for the Fourth Street Diagonal Parking Improvement Project was being sought, as well as the making of benefit findings pursuant to Health and Safety Code Sections 33445 and 33675. She said that the request for funding had been submitted by Main Street and that the project would add 15 diagonal parking spaces between D and E Streets as a continuation of an establiShed project. She concluded by stating that redevelopment law required the Council to make certain benefit findings and listed them.

PUBLIC COMMENT

Linda Picton stated her opposition to the Fourth Street parking on the grounds that it impeded the passage of pedestrians.

Councilmember Condron stated that She had heard many positive comments about the first stage of the new parking program from business owners and residents.

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

RESOLUTION NO. 25641 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING BENEFIT FINDINGS AND CONSENTING TO THE REDEVELOPMENT AGENCY PAYING A PORTION OF THE COSTS FOR THE FOURTH STREET DIAGONAL PARKING IMPROVEMENT PROJECT FROM D TO E STREETS

5:00 P.M.

11.3 REPORT - 2003/2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND ACTION PLAN

Councilmember Rabinowitsh absented himself from chambers during this item.

Mark Krug, Housing and Redevelopment Manager, gave the staff presentation, outlining the proposed fiscal year spending plans for CDBG funds, which are administered by the Department of Housing and Urban Development (HUD). He stated that the item was being presented to the Council earlier than the normal budget review and approval process to comply with HUD deadlines. He introduced Chris McNamara, Program Specialist trainee, who would be assisting in administering the program. He noted that in the past the program had been administered by Pat Fruiht, Assistant to the City Manager, but due to the program's emphasis on housing program administration had shifted to the Housing and Redevelopment Department.

He detailed the breakout of the funding allocations, noting that the majority of CDBG funds are slated for affordable housing.

At the suggestion of Councilmember Martini and with the consent of the Council, Mr. Krug stated he would change the program title to "City Homeless Shelter Programs" without reference to a site address as that remains undetermined.

Mr. Krug outlined the allocation process, noting the service providers replicated the recommendation process initiated the previous year. He concluded his report with an analysis of historic levels of homeless services funding.

Pat Fruiht, Assistant to the City Manager, gave a brief presentation on the youth services funding process, which will use a portion of the CDBG funding for gang prevention intervention programs. She noted the success of the process that involved the service providers working together to look at the issue of a continuum of youth services in a new way. She outlined the core principles developed after evaluating the continuum of services, noting the consensus that gang prevention and services should target youth 10 to 17 years old. She outlined the services provided by various programs as well as the future steps in the funding process.

PUBLIC HEARING (5:57 P.M.)

Linda Picton, 1033 Fourth Street, stated her question had been answered and complimented Ms. Fruiht's presentation.

Connie Kinnison, 4485A Montecito Avenue, Director of Choices for Change, stated She is part of the collaborative effort on gang prevention. She stated the collaborative funding allocation process Ms. Fruiht had outlined has offered their organization more networking connections over the past five months than they'd had in the past ten years. She noted many of the benefits, including Chief Dunbaugh's attendance at the meetings which will offer law enforcement more referral resources than before. She stated the process had been advantageous for all involved, and praised Ms. Fruiht's coordination efforts.

Gail Brownell, Chair of Sonoma County Task Force on the Homeless, thanked the Council for the City's for the focus on homeless and youth, the collaborative process, for opening the Brookwood Shelter, and for the South Wright proposal. She stated HUD proposes redirecting the $1.6 million it contributes to homeless programs in Sonoma County to permanent housing. She predicted Shelter operating funds would be in short supply and requested common reporting, avoiding duplicative reports to various funding agencies, as well as team monitoring visits from all funding agencies at one time to minimize impacts on staff workloads which are already at capacity.

Kenn Stuckey, 1248 Baird Road, child and family therapist, stated support for the program.

Hearing no further testimony, Mayor Wright closed the public hearing at 6:06 pm.

Councilmember Condron, in response to Ms. Brownell's comments, suggested that the Funder's Roundtable facilitate the function of common reporting and monitoring visits. Ms. Fruiht stated She would follow up on that request.

MOVED by Councilmember Evans, seconded by Councilmember Martini, carried 6-0-1 (Councilmember Rabinowitsh abstaining), to adopt and waive the reading of the text of the resolution in Item 11.3 as follows:

RESOLUTION NO. 25642 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE 2003/2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE SUBMISSION OF THE 2003/2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM APPLICATION AND "ACTION PLAN"

11.4 REPORT - PREZONING 24 ACRES SITUATED NORTH AND SOUTH OF RINCON AVENUE AND EAST OF BAIRD ROAD TO THE RR DISTRICT FOR THE PURPOSE OF ANNEXATION

Councilember Evans absented herself from Chambers during this portion of the meeting.

Blake Hillegas, City Planner, gave the staff presentation, indicating the proposed prezoning area consists of 24 acres in Rincon Valley. He displayed a vicinity map, indicated the location of city utilities, and noted the area does contain a number of existing public facilities such as schools and parks. He described the proposal to rezone the specified area to the RR district consistent with the City's general plan and within the urban boundary. He stated that subsequent to the Planning Commission action, several property owners who were not part of the origin al request asked for inclusion in the annexation. As a result the annexation area was expanded, but did not include all requested properties due to the ratio of registered voter sentiment. He did note one property owner, Mr. Sutton, whose property is included over his objection as it is necessary to the logical extension of the city's boundary. He concluded his report by outlining the remainder of the process, stating that if the proposed annexation area is prezoned and preannexed it will go to LAFCO for the annexation process which will include any protest hearings. He stated the staff recommendation is to support the expanded area, adopt the negative declaration and introduce the ordinance.

PUBLIC HEARING 6:19 PM

Kenneth Stuckey, 1248 Baird Road, commented on different versions of the map which included different parcels, and stated he had encountered difficulty in obtaining information on annexation process. He stated his opposition to the annexation and referred to a petition that had been circulated regarding the annexation, displaying a map and legend designed to correspond with the petition. He stated he had also circulated a petition among the surrounding property owners who were not affected by the annexation, and displayed a map with symbols indicating 47 neighbors to be opposed and two in support. He reiterated his frustration with the difficulty getting information about annexation laws and procedures. He outlined the basis for his opposition as health, safety, environmental, financial and livability issues. He emphasized his concern with traffic safety issues, stating traffic in the area is unbearable and cars are parking on the walkway. He concluded by stating the $25,000 estimated cost of hooking up to city water and sewer would impose a financial hardship.

John Lynch, 1247 Baird Road, outlined various policy issues that he found were not followed or he felt were in adequate to serve the needs of the public. He stated he was opposed to the annexation and undemocratic procedures. He stated he resides across the street from the annexation area.

Evelyn Ross, 1240 Baird Road, indicated one of her neighbors would be forced to refinance to be able to connect to city water. She spoke of the character of the neighborhood as She has observed it over the past 37 years raising four children, and expressed a desire not to urbanize the rural character of the neighborhood by annexation at the request of a developer. She stated She would be willing to agree to it if the developer would pay her associated expenses.

Sarah Byrnes, 1178 Baird Road, stated She does not reside in the proposed annexation area but on an access street. She expressed her concerns over increasing traffic on the road, the lack of sidewalks or road shoulders, and stated opposition to the annexation due to resulting traffic problems.

Bret Russell, 1316 Baird Road, stated he and his wife recently purchased the property due to the country atmosphere that is now being transformed. He reiterated traffic concerns and objected to residents incurring service connection costs for the benefit a developer.

David Rodarmel,1168 Baird Road, stated he is not part of the annexation, and is a Santa Rosa native. He stated this is one of the last unspoiled corners of the Rincon Valley and is a very sacred spot. He stated it was unreasonable for a developer to purchase it and affect so many and create such an impact on the community for the sake of a profit. He requested further evaluation of the proposal.

Darren Brown, 4919 Rincon, stated he resides on the uppermost left five-acre parcel and strongly supports the annexation. He stated this would offer him a financially feasible resolution to the problem of a failed septic system and allow land currently used as a drainfield to be planted in grapes and olives. He indicated his support for the annexation was not noted on a map displayed earlier, and stated that he had received timely and adequate notice of all annexation actions. He concluded his remarks with comments about the value of development and the need for housing, noting the proposal was for very low density development.

Charlie Wolfe, 1264 Baird Road, stated he is a 16-year resident of the area and estimated the cost for hookups to be approximately $16,000. He stated that without annexation he is looking at the expense of expanding leach fields in addition to the cost of ongoing maintenance. He stated a preference for making the investment in hooking to the city systems.

Allan Harrison stated he lives on a property recently added at the annexation request and supports the annexation due to the increased value it will bring to his property, and stated annexation is inevitable given the pace of development. He stated the traffic concerns raised only serve to illustrate the need for annexation in order to receive city services, particularly law enforcement.

Hearing no further testimony, Mayor Wright closed the public hearing at 7:00 p.m.

Council discussion ensued, with staff providing clarification as to the annexation policies and procedures, especially relative to the role of the city and LAFCO and the process to date.

Councilmember Rabinowitsh stated he would not support the proposal due to unresolved questions related to the public costs. Vice Mayor Bender stated that although there are unanswered questions, She supports sending it to LAFCO where it will be put to a vote. Councilmember Blanchard stated he would support it if the boundary were reconfigured to exclude those so requesting. Councilmember Condron stated support as it is a logical extension of city boundaries, noting carving out parcels creates problems with providing services and creating county islands. Councilmember Martini agreed that it is a logical extension, and suggested looking at extending the annexation to Calistoga Road.

Mr. Hillegas indicated on the map the most recent requests for inclusion in the annexation which are not in the proposed resolution.

Mayor Wright stated her support, stating She would support inclusion of the additional properties as requested by the property owners, and those members of the Council in support indicated support.

City Attorney Farrell indicated the parcel numbers in question were 029-270-015, 029-280-005 and -006. It was clarified that the intent was not to delete any parcels from the proposed annexation as requested.

MOVED by Councilmember Condron, seconded by Councilmember Martini, carried 4-2-1 (Councilmembers Blanchard and Rabinowitsh voting NO; Councilmember Evans abstaining), to adopt and waive the reading of the text of the resolution in Item 11.3 as follows, amended to include additional real property identified by Assessor's Parcel numbers:

RESOLUTION NO. 25643 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR THE NORTHEAST SANTA ROSA ANNEXATION 4-02 AND PREZONING OF PROPERTY (APPROXIMATELY 24 ACRES) TO THE CITY'S RR RURAL RESIDENTIAL DISTRICT - FILE NUMBER ANX01-004

MOVED by Councilmember Condron, seconded by Councilmember Martini, carried 4-2-1 (Councilmembers Blanchard and Rabinowitsh voting NO; Councilmember Evans abstaining), to introduce and waive the reading of the text of the ordinance in Item 11.4 as follows, amended to include additional real property identified by Assessor's Parcel numbers:

ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE AREA TO BE INCLUDED WITHIN ANNEXATION NESR 4-2 (APPROXIMATELY 24 ACRES) TO THE RR, RURAL RESIDENTIAL DISTRICT; FILE NO. ANX01-004

11.5 REPORT - REVISIONS TO THE SECOND DWELLING UNIT PROVISIONS OF THE CITY CODE

Maureen Rich, City Planner, made the staff presentation. She described the purpose and effect of the proposed code revision, noting it results from a new state law requiring local agencies to eliminate the discretionary review and public hearing process for second dwelling units and providing for reviews on a ministerial level. She also requested that the ordinance be modified to provide that applications currently in process remain subject to the ordinance presently in effect. She also called the Council's attention to AB 1160 which will eliminate cities' ability to restrict or require owner occupancy of the second dwelling unit.

PUBLIC HEARING (7:40 p.m.)

Frances Dias, 1010 Winding Ridge Road, stated this issue came before the Planning Commission while She was on the Commission in 1999 and it was determined that 145 second units in the city were in violation of city zoning so they began working on the second unit ordinance. She stated support for the ordinance, adding that the state has no authority to revoke internal government powers given to charter cities. She noted the state law is contradictory in that it says it includes charter cities, yet line 16 of the law says "nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units." She then expressed concern about the erosion of democracy created by not making provisions for the people to be heard in this process, and urged the Council to defend the powers of the City's charter.

Katheryn Learned, 1677 Beaver Street, stated She was surprised when Ms. Rich introduced the fact that units now in process would be administered under the existing ordinance. She stated that although She supports the ordinance, She takes issue with an application for a second unit at 1685 Beaver Street which had previously been denied by the Planning Commission on November 14 because the unit was 37% larger than the origin al home on the property. She described situational aspects of the second dwelling that placed all the burden of privacy loss on the neighbors yet none on the origin al unit. She requested that applications in process be subject to the new standards as their neighborhoods do not have the protection of reasonable setbacks, stating these are old neighborhoods and potentially exploitable by the conversion of residential units to rental units.

Kathy Hayes, North Bay Association of Realtors, stated her support for the state legislation and the proposed ordinance. She noted the importance of second units to providing a diverse housing stock and the ability to generate rental income. She stated She did not anticipate a run on second unit applications due to the changes. She questioned the requirement that the second unit be within 100 feet of the main residence, and stated She preferred that the owner occupancy requirement be removed.

Don Franklin Mallory, 1685 Beaver Street, stated he was born in Santa Rosa and has lived in the SRJC area for 35 years. He stated the planning staff has done an outstanding job of going over the existing code, drafting very professional recommendations and that the options presented are very fair. He stated that any change in the present setback requirements for second story units would nullify the intent and purpose of the law. He related an experience where he had a project stopped by a neighbor and he believes state saw that as a deterrent to low income housing and took action to remedy that. He stated support for the 27 foot height limit and the Planning Commission recommendation.

Allan Strachan, 3929 New Zealand Avenue, introduced himself as head of a homeowners association. He noted that the cost of housing, combined with the fact that the housing stock being built is generally larger, is resulting in two families or three adults buying and moving into one house. He noted granny units are much easier to manage and that problems can be created when larger homes are occupied by multiple families. He suggested a study session on new construction and fees, and looking at options such as higher lot yields with alley access. He stated support for the ordinance.

Marlene Lily, 831 Fourth Street, stated She has lived in SRJC area for the past 16 years, likes it very much, and was told there was a JC homeowners association that had lobbied for changing setbacks to conform with R1 zoning in the rest of the city. She stated that as a JC homeowner She has never been contacted by the organization that claims to represent her, and is not in favor of changing setbacks.

Bruce Cater, Sunshine Avenue, stated there should be a courtesy notice to neighbors, and noted the disparity between communities, citing differences between Sonoma County and Modoc County as an example, as different problems are faced and different local rules should be developed and applied. He stated the Council was better suited to address the issue than the state.

Hearing no further testimony, Mayor Wright closed the public hearing at 8:03 pm.

Council discussion ensued, with City Attorney Farrell clarifying that the state law is no longer granting local autonomy as in the past, and that certain sections clearly indicate the law does apply to charter cities. He stated no explanation has been found for the sentence stating that no city must adopt a second dwelling unit ordinance.

Further discussion ensued as to the review and other procedural aspects of the ordinance and the city's mitigation authority. There was discussion regarding techniques to lessen privacy impacts, with Councilmember Rabinowitsh suggesting a provision stating that second story units would be designed to protect the privacy of neighboring properties, noting the provision should address any balcony, window or door of a second story and mention other screening measures. It was noted that there is no appeal process for a ministerial action.

Councilmember Bender stated She would like to review any legislation that would change the owner occupied requirement. In response, Ms. Rich stated She could schedule a report item regarding AB 1160. Councilmember Blanchard suggested changing the second dwelling unit size to 850 square feet, noting the state allows up to 1200 square feet. Council discussion resulted in a consensus for 700 square feet at this time, with direction to the Planning Commission to consider such an amendment upon future review during the Zoning Code Update.

MOVED by Councilmember Evans, seconded by Councilmember Rabinowitsh, carried unanimously, to introduce and waive the reading of the text of the ordinance in Item 11.5 as follows, amended to include provisions addressing privacy and to include provisions for applications already submitted and deemed complete:

ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SANTA ROSA CITY CODE, CHAPTER 20-03, ARTICLE 6, ENTITLED "SECOND DWELLING UNIT"

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

There were no further announcements at this time.

13. MAYORS AND COUNCILMEMBERS REPORTS

13.1 COUNCIL BUDGET SUBCOMMITTEE UPDATE

Mayor Wright briefed the Council on the recommendations brought before the Budget Subcommittee, noting that General Fund reserves are now at 18.7%. She outlined the budget proposal in its current form and efforts to address the $7.2 million gap, including a workforce reduction of nearly 65 positions.

COUNCILMEMBER REPORTS

Councilmember Condron complimented the staff involved in the Cinco de Mayo celebration, particularly Pat Fruiht, Assistant to the City Manager.

Vice Mayor Bender also acknowledged the success of the event and also credited a large group of the Latino community that helped. She announced that single stream recycling was being initiated that week. She encouraged the City to pursue literacy programs as they are critical to gang prevention.

Councilmember Rabinowitsh gave a status report on the Highway 101 design and landscaping issues, displaying slides of proposed sound wall designs, stating the group is recommending a plain wall that is very heavily planted.

Mayor Wright displayed an origin al watercolor She had been presented of an egret that is part of the design on a bench painted by a local high school student which has been installed at Prince Greenway entrance. She announced the fin al board orientation to be held the next day, the Financial Stabilization Committee meeting that Thursday, and the Budget Committee the next Tuesday.

14. CITY MANAGER'S REPORTS

City Manager Kolin had nothing further to report.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

15.1 Notice of Submittal of Fin al Map - Western Gardens Subdivision

15.2 Memorandum from Jan Harrison, Housing and Redevelopment, regarding Quarterly Attendance Reports for the Housing Authority and Redevelopment Agency

16. ADJOURNMENT OF MEETING

Hearing no further business, Mayor Wright adjourned the meeting at 9:10 p.m. The next regularly scheduled meeting will take place on May 13, 2003, at a time to be set by the Mayor.

5/6/2003