SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, AUGUST 12, 2003
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING


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 Condron, Martini, Blanchard and Rabinowitsh (Councilmember Evans absent).

2. STUDY SESSION WITH REDEVELOPMENT AGENCY

2.1 CALL TO ORDER AND ROLL CALL OF REDEVELOPMENT AGENCY

Redevelopment Agency members present: Charles Evans, Chair; Susan Marzalek; and Jake Ours. Absent: William J. Arnone, Jr., Ann Schneider.

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

2.3 STATEMENTS OF ABSTENTION BY COUNCIL AND REDEVELOPMENT AGENCY MEMBERS

2.4 STUDY SESSION - PROPOSED GATEWAYS REDEVELOPMENT PROJECT AREA (TWO PHASES)

The Council and the Redevelopment Agency were presented with detailed information on the proposed Gateways Redevelopment Project Area (two phases).

2.5 ADJOURNMENT OF REDEVELOPMENT AGENCY SPECIAL MEETING

3. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) AND ADJOURNMENT OF COUNCIL MEETING 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 ADJOURN CLOSED SESSION(S) AND RECONVENE COUNCIL MEETING TO OPEN SESSION IN CITY COUNCIL CHAMBERS

4:05 P.M. (CITY COUNCIL CHAMBERS)

4. ANNOUNCEMENT OF ROLL CALL

Councilmembers were present as noted above, with Councilmember Evans absent.

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

City Attorney Brien Farrell reported the City Council had met in Closed Session regarding the items previously listed. There were no further announcements made.

6. PROCLAMATIONS/PRESENTATIONS

6.1 PRESENTATION - DONATION TO CREEK STEWARDSHIP FUND IN HONOR OF TERRI ISAAC

Present to make the donation to the Creek Stewardship Fund in honor of Terri Isaac were her daughter, Sally Ashbach, and grandchildren Rebecca and Jonathan Ashbach, ages 10 and 12, respectively. The Mayor read aloud a statement regarding Ms. Isaac's commitment to community involvement and her love of the creeks. The children stated that they, along with their cousins, had earned the donation money through the sale of fruit from their grandmother's trees.

7. CITIZEN PUBLIC APPEARANCES

The Mayor announced that the first ten speakers would be heard during this portion of the meeting, with the remaining speakers to be heard at the conclusion of the scheduled agenda.

Rick Powell, North Bay Corporation, spoke in support of the Council's decision to ban fireworks and stated that North Bay would contribute $50,000 per year, beginning in 2004, to replace funds formerly earned through fireworks sales. He reported that he had met with Vice Mayor Bender to develop a strategy for administering the funds and that a plan was being developed to link non-profits to graffiti removal. He stated that, if a non-profit group assisted with graffiti removal, they would receive a contribution equal to approximately 15% of the funds they would have raised by selling fireworks.

Vice Mayor Bender commented that this was a wonderful gift and that a structure was already in place to facilitate the graffiti removal plan.

At this time, the Mayor announced that Item 11.7 would be continued to September 9, 2003, but that those wishing to enter testimony who could not attend the later date would be allowed to do so.

Duane DeWitt, Roseland, displayed an aerial photo of Roseland Creek, stating that the Council had enacted an ordinance in 1996 to preserve and restore the creek but nothing has been done. He reported that someone had dammed the creek and spoke of graffiti and gang activity in the area.

Richard Canini opposed the removal of sidewalks, stating that the next phase of the Highway 101 widening project would impact five pedestrian under crossings. He reported on conditions at the Steele Lane under crossing, stating that significant risks to pedestrian safety exist there.

Ken Hart, Dignity of Man, reported on his health and read a statement of a religious nature.

Elizabeth Neylon spoke against war and bombing, and read aloud from a memoir of war survivors.

Steve Lightfoot stated he has been harassed because of his John Lennon theories and objected to being cited for sleeping in his vehicle.

Bill Haluzak, 2166 Burbank Avenue, thanked the Council, Public Works Department and the Bicycle and Pedestrian Advisory Committee, on behalf of southwest area residents, for the installation of a crosswalk at Hearn Avenue near the Southwest Area Park.

Jack Osborne, 5636 Del Monte Court, stated he had been charged for a copy of the Council packet but that the Press Democrat reporter is provided with a free copy. He objected to the Mayor moving people ahead on the sign-in Sheet for public appearances, reported that, in his opinion, today's joint study session with the Redevelopment Agency had violated the Brown Act, and stated that television coverage of the previous week's meeting had not continued following the dinner break.

Wiley Mann read aloud a prepared statement regarding the FBI, the fin al minutes of Flight 93 on September 11 and governmental misinformation.

Josh Emery read aloud another prepared statement regarding government corruption, a cover-up of animal abuse and activities of the FBI.

John Jenkel distributed a written report to the Councilmembers, discussed terrorist activities and spoke against the government's strike first policy.

At this time, the Mayor announced that the remaining speakers would be heard following the conclusion of the scheduled agenda.

Mayor Wright responded to Mr. Canini, suggesting that he forward his comments to the County Transportation Authority and CalTrans and that Rick Moshier, Public Works, could answer any additional questions he may have. Mr. Farrell stated, in response to Mr.Osborne, that he would confer with the City Clerk and City Manager regarding fees for copies of Council materials. In response to Mr. DeWitt's inquiry regarding the creek damming, the Mayor directed Deputy City Manager Scoles to investigate the matter.

8. APPROVAL OF MINUTES - July 15, 2003 and July 22, 2003 Regular City Council Meetings

MOVED by Councilmember Condron, seconded by Vice Mayor Bender, carried 5-0-1-1 (Councilmember Blanchard abstaining, Councilmember Evans absent), to approve the minutes of the July 15, 2003 Regular City Council meeting as submitted.

MOVED by Councilmember Condron, seconded by Vice Mayor Bender, carried 4-0-1-2 (Councilmember Evans absent; Councilmembers Martini and Blanchard abstaining), to approve the minutes of the July 22, 2003 Regular City Council meeting as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

Councilmember Martini stated he would abstain from Item 10.4 due a possible conflict related to his temporary residence.

At this time, the Mayor again announced that Item 11.7 would be continued to September 9, 2003. Mr. Farrell clarified that the date of the continuation was actually September 16, 2003, but that the public hearing would be opened in case anyone present wiShed to speak.

10. CONSENT ITEMS

PUBLIC COMMENT

Jack Osborne spoke regarding Item 10.3, stating objection to the practice of blanket agreements under which the City will be required to reimburse all costs.

Dan Carlson, Capital Project Manager-Utilities, responded that this was a standard PSA and that the work performed was reimbursable according to fee rates as listed in the proposal.

MOVED by Vice Mayor Bender, seconded by Councilmember Rabinowitsh, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolutions in Items 10.1 through 10.3 as follows:

10.1 RESOLUTION - BID AWARD - MULTI-AXLE CAB AND CHASSIS VEHICLES

RESOLUTION NO. 25732 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING THE BID OF GOLDEN GATE TRUCK CENTER, OAKLAND, CALIFORNIA FOR THE PURCHASE OF THREE (3) MULTI-AXLE CAB & CHASSIS VEHICLES AND EXTENDED WARRANTIES

10.2 RESOLUTION - APPOINTING A NEW REPRESENTATIVE TO THE SONOMA COUNTY ABANDONED VEHICLE ABATEMENT SERVICE BOARD OF DIRECTORS

RESOLUTION NO. 25733 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPOINTING A NEW REPRESENTATIVE TO THE AUTHORITY BOARD OF DIRECTORS

10.3 RESOLUTION - PROJECT ESTABLISHMENT AND AWARD OF PROFESSIONAL SERVICES AGREEMENT - LAGUNA WATER RECLAMATION FACILITY RECYCLED WATER PUMPING ENERGY EFFICIENCY UPGRADE PROJECT

RESOLUTION NO. 25734 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING A PROJECT ENTITLED "LAGUNA SUBREGIONAL WATER RECLAMATION FACILITY RECYCLED WATER PUMPING - ENERGY EFFICIENCY UPGRADE PROJECT" AND AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING/DESIGN SERVICES TO WINZLER & KELLY, INC.

10.4 ORDINANCE ADOPTION - REVISION OF POLICY STATEMENT FOR COURTSIDE VILLAGE'S PC ZONING

MOVED by Vice Mayor Bender, seconded by Councilmember Rabinowitsh, carried 5-0-1-1 (Councilmember Martini abstaining, Councilmember Evans absent), to adopt and waive the reading of the text of the ordinance in Item 10.4 as follows:

ORDINANCE NO. 3620 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA REVISING THE ZONING POLICY STATEMENT FOR THE COURTSIDE VILLAGE PLANNED COMMUNITY ZONING DISTRICT

5:00 P.M.

11. SCHEDULED ITEMS

11.1 REPORT - CONTRACT AMENDMENT TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM - AFFECTING FIRE SAFETY EMPLOYEES

Bruce McConnell, Accounting Officer, gave the staff report, stating that the purpose of this item was to authorize a contract amendment with CalPERS to implement an alternate death benefit for Local Fire Members with 20 or more years of service. He reported that this amendment would allow a monthly benefit to surviving spouses or eligible children of a deceased Fire Member who had not yet attained minimum retirement age. He stated that the cost to the City with inclusion of this benefit would be $10,150 for FY 2003-04. He announced that the ordinance which should have accompanied this item had not been submitted and it was decided to introduce the ordinance on the consent calendar of the August 19, 2003 meeting.

MOVED by Councilmember Condron, seconded by Vice Mayor Bender, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.1 as follows:

RESOLUTION NO. 25735 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE COUNCIL OF THE CITY OF SANTA ROSA

11.2 REPORT - UPDATE ON COMMUNITY CONVERSATIONS REGARDING THE POTENTIAL SAMUEL JONES HALL PROPERTY ACQUISITION (FINLEY AVENUE AND SOUTH WRIGHT ROAD)

MOVED by Councilmember Martini, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans absent) to add Item 11.2 to the agenda.

Mark Krug, Housing and Redevelopment Manager, gave the staff presentation, providing a status report on the community involvement process associated with the potential acquisition of the Samuel Jones Hall property located in Southwest Santa Rosa for use as a multi-purpose facility to include a homeless Shelter. He provided background on the activities, which led to this location being chosen as the preferred site, discussed the outcome of a series of community meetings, which were held and outlined the major concerns of the neighborhood. He stated that staff was recommending an 80-bed Shelter pending identification of adequate operational funding, that a review panel would be formed, that a process would be initiated to obtain a conditional use permit which would delineate operational parameters, and that Council direction was being sought on the continuation of the public involvement process.

At the direction of Mayor Wright, Mr. Farrell clarified that this item was only an update and that no action was before the Council at this time. He said that prior to any decision on the matter, an environmental assessment would be performed and a public hearing on a conditional use permit held.

Councilmember Martini reported on the neighborhood meetings he had attended, stating that the main concerns are over privacy, security and property values. He recommended following a similar process as was used for the Brookwood Shelter, stating that forming an advisory committee representing neighborhood issues would be advisable. Councilmember Condron stated that She had attended two of the neighborhood meetings and provided history on the prior activities of Shelter Solutions and the Task Force on Homeless. She said that a replacement for the armory Shelter had long been a Council goal, discussed a previous plan to convert Santa Rosa General Hospital to a 150-bed facility that had not been approved and stated that the main concern for any Shelter will be funding for ongoing maintenance.

PUBLIC COMMENT

Jack Osborne stated his opinion that the Council had already made its decision and was not interested in public comment.

Bill Fraser, 4019 Finley Avenue, spoke in opposition to the proposed Shelter site, stating that the selection process was flawed with many Brown Act violations. He questioned the City's relationship with Shelter Solutions, said that negotiations were held in secret and that the neighborhood is already saturated with services for substance abusers and former convicts.

Chris von Kleist, 3822 Louis Krohn Drive, superintendent of Wright Elementary School, commended the Council for addressing the homeless issue but stated concern over the safety of the school children if the Shelter is located nearby.

Linda Picton, 1033 Fourth Street, objected to the use of the term "homeless Shelter", stating it has a negative connotation. She suggested calling it an eco-tourism center and operate it as a hostel.

Stuart Kiehl, 4193 Concord Avenue, spoke in opposition to the proposed Shelter, stating the neighborhood was not permitted to attend Shelter Solutions meetings in violation of the Brown Act. He said that the community surrounding Finley Center wants either no Shelter at all or, in the alternative, a 40-bed facility, and wants to be involved in the decision-making process.

Bob Cormack, 1927 Goldpan Way, supported the comments of previous speakers Mr. Fraser and Mr. Kiehl.

Barry Lynch, 1245 South Wright Road, spoke in opposition to the proposed Shelter, stating that the area is already impacted by undesirable people. He suggested locating the Shelter in an industrial area and said that he would work for the recall of any Councilmember who approved the Shelter location.

Rhoann Ponseti, 2433 Grahn Drive, said She had started Shelter Solutions, the origin al intent of which was to replace the armory Shelter. She congratulated the Council on the success of the Brookwood Shelter and gave recommendations on how to make the new Shelter successful.

Kay Marquet, 4744 Shade Tree Lane, President and CEO of Community Foundation Sonoma County, stated She had also been working on this project for five years. She gave background on the activities of Shelter Solutions and recommended a year-round, 24-hour, 80-bed facility that was well run and provided services. She reported that an anonymous donation of $2 million had been made and invested and that the proceeds would go toward operation of the Shelter.

Don Nowacki, 3675 Wyndemere Circle, spoke on support of the proposed Shelter, stating he has been a homeless advocate for 20 years. He provided information about his experiences opening a successful facility in Marin County.

Sue Jackson, 4020 Madera Avenue, a founding member of the Welfare to Work Consortium in San Francisco, spoke in opposition to the proposed Shelter, stating concern over placing a homeless Shelter in a residential area. She said that, if the Shelter houses mentally ill or addicted homeless, the security of neighborhood children would be jeopardized.

Georgia Berland, 100 Sebastopol Road, spoke in support of the proposed Shelter, welcoming the involvement of the community in the development of services which could be offered at this facility, She echoed the comments of Ms. Marquet, stating that the need is critical, and that the Shelter would help those willing to avail themselves of services to re-enter mainstream.

Gale Brownell, Sebastopol, spoke in support of the Shelter, pointing out that this facility will affect the entire community, not just the neighborhood. She said that when homeless facilities are placed in neighborhoods, with a good operator and police cooperation, issues can be addressed to the satisfaction of neighbors. She stated that operational funding is a concern and that if funding is taken from the armory for this facility, homeless singles will be affected.

John Koehne, 3797 Golden Gate Avenue, a business owner in Railroad Square, displayed a list of issues that had arisen at the neighborhood meetings. He stated he had questions about the possible presence of hazardous materials in the soil and buildings on the property and commented that the location in too far from health services, grocery stores and employment. He asked for clarification as to whether the Shelter was being planned as a walk-in facility or would require pre-registration.

Nancy Lisk, 602 Hendley Street, stated that this neighborhood, unlike the Brookwood area, has been neglected by the City and suggested making the proposal more attractive by adding more transit and police services. She noted the connection between the lack of affordable housing and homelessness, stating that the Council should approve projects for very low-income housing.

Duane DeWitt, Butler Avenue, Roseland, stated he is a housing advocate who has stayed in the Shelter to which Mr. Nowacki referred and commented on the area's affordable housing shortage. He stated that the proposed Shelter site is too far from services and that the property should be given to the City rather than purchased.

Mr. Farrell reported that Shelter Solutions is an independent organization and, as such, is not subject to the Brown Act even if Councilmembers have attended its meetings.

Mayor Wright stated that any issues related to toxic clean up would be addressed if it were decided to purchase the property.

Councilmember Condron clarified that the proposed Shelter would not be a walk-in facility.

Council discussion ensued as to the vision for the homeless center and services to be offered; how neighborhood concerns would be addressed going forward, and the importance of identifying a capable operator through the request for proposals process.

Council directed staff to continue meeting with the neighborhood and to be responsive to concerns as the process moves forward.

11.3 REPORT - AUTHORIZATION OF PURCHASE AGREEMENT WITH GSA FOR PURCHASE OF SAMUEL JONES HALL

Josh Maresca, Right-of-Way Agent, gave the staff report, stating that the purpose of the item was to determine whether the Council should authorize an Offer to Purchase Agreement with the U.S. General Services Administration (GSA) and an MOU with state Fish and Game for the acquisition of the real property referred to as Samuel Jones Hall, located at the corner of Finley Avenue and South Wright Road. He said that the City had been negotiating with the GSA for some time and that the process was being accelerated by the requirement of the state Housing and Community Development Department (HCD) that the City have site control in order to receive $500,000 in funding. He stated that the property had been appraised at $820,000, which would be the starting point for negotiation of the actual sale, and that the purchase price must be accompanied by a 10% contingency. He reported on GSA requirements for the protection of habitat on the property which include native grasses and tiger salamanders, necessitating the MOU with state Fish and Game.

Councilmember Martini reminded the Council that the property could be obtained at no cost under the McKinney Act, but that doing so would place added restrictions on use. He stated that if the property were acquired under the California Desert Protection Act, as is being proposed, there would be no restrictions on use.

In response to a question from Councilmember Rabinowitsh, Mr. Maresca reported that the toxics issue had already been addressed and that if any further hazardous situations were discovered, the federal government would be required to conduct clean-up efforts.

PUBLIC COMMENT

Jack Osborne objected to the purchase being made under the Desert Protection Act, stating that the area is not a desert and it is immoral to say otherwise.

Barry Lynch objected the proposed Shelter, stating that property values of nearby residences would be affected. He reported on the health problems of residents and pets which he believed to have arisen from contamination of well water, as well as other hazardous waste concerns associated with the property.

Stuart Kiehl objected to the location of the Shelter and called for the facility to be 40 beds or fewer and that it not harm the neighborhood. He reiterated his request that public health and safety issues be addressed.

Bill Fraser asked for clarification on whether the $500,000 funding was contingent upon the site being used for a homeless Shelter. He requested information about the make-up of the target population and stated his concerns about the homeless being swept into this neighborhood.

Mr. Maresca responded that approval of the loan was contingent upon the funds being used for a homeless Shelter, and that after approximately 15 years of Shelter operation, the loan becomes forgivable. Regarding Mr. Osborne's question regarding the Desert Protection Act, Mr. Maresca explained that the money used for the purchase of Samuel Jones Hall would then go toward protection of California desert lands.

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

RESOLUTION NO. 25736 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE EXECUTION OF THE PURCHASE AGREEMENT WITH THE GENERAL SERVICES ADMINISTRATION (GSA) FOR THE PURCHASE OF SAMUEL JONES HALL PROPERTY

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

11.7 PUBLIC HEARING - SUNSHINE COURT REZONING, SUBDIVISION AND DEVELOPMENT PLAN APPEAL - 4748 SUNSHINE COURT

The Mayor announced that a request had been received to continue this item to the Council meeting of October 7, 2003, but that anyone wishing to speak on the item would be allowed to do so at this time.

PUBLIC HEARING (7:09 P.M.)

Don Noriel, 4749 Sunshine Avenue, objected to the postponement, stating that the neighborhood had gone through the appropriate process and wanted a decision made at this meeting as scheduled. He stated however that, if there were no alternative, they would agree to the October 7 date.

Mr. Farrell noted for the record that Mr. Noriel would be allowed to speak again at the October 7, 2003 hearing.

Hearing no further testimony, the Mayor continued the public hearing to the Council meeting of October 7, 2003.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Evans absent), to continue this item to the Council meeting of October 7, 2003.

11.8 PUBLIC HEARING - SUMMER 2003 GENERAL PLAN AMENDMENT PACKAGE

The Mayor announced that, regarding the appeal on the property at 4616 Morris Court East, a request had been received to continue that portion of the General Plan Amendment package until the next time the General Plan package comes forward in the winter of 2003.

MOVED by Vice Mayor Bender, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans absent), to add Item 11.4 to the agenda.

11.4 REPORT - ACCEPTANCE OF ECONOMIC DEVELOPMENT STRATEGY PLAN

Jocelyn Lundgren, Housing and Redevelopment Manager, gave the staff report, stating that the Council had previously been presented  with an Economic Development Strategy Plan, prepared by Bill Lee of Economics Research Associates (ERA) and that the Council must accept the Plan to satisfy Phase 1 of the State's Jobs/Housing Balance Grant, thereby becoming eligible for $30,000 in state funding. She stated that the funding would go toward development of a web-based economic development tool to assist in attracting and retaining businesses. She reported that the Economic Development subcommittee would be forwarding a recommendation to the Utilities Department regarding a waiver or reduction of wastewater connection fees for new restaurants in the downtown core.

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

RESOLUTION NO. 25737 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING THE ECONOMIC DEVELOPMENT STRATEGY PLAN

5:00 P.M.

11.5 PUBLIC HEARING - MEADOW PARK REZONING

Marie Meredith, Senior Planner, gave the staff presentation, stating that the Planning Commission, by a 6-0 vote, recommended the rezoning of a 6.12 acre site on Piner Road to the R-1-2/6 zoning district for the construction of 34 single family homes, eight duplex units, six single family attached homes and two second dwelling units. She displayed the development plan, highlighting the duplexes, duet homes and second dwelling units, and stated that an issue regarding location of a park had been resolved.

PUBLIC HEARING (7:20 P.M.)

Jim Hummer, 703 Second Street, representing Clem Carin alli, reported on the process by which the location of the park had been decided, issues related to the small-lot subdivision ordinance and circulation matters.

Linda Picton inquired whether any of these homes were directed at low and very-low income housing.

Kathy Austin, project architect, responded to Ms. Picton, addressed the size and relative affordability of the units, stating that the sizes ranged from 700 to 1700 square feet and that the smaller units meet the criteria to be considered affordable.

James W. King, General Delivery, stated that zoning is the problem and suggested checking with the "Chief of Maintenance."

Hearing no further testimony, the Mayor closed the public hearing at 7:28 p.m.

MOVED by Councilmember Rabinowitsh, seconded by Vice Mayor Bender, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 25738 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED REZONING OF PROPERTY LOCATED AT 2120 PINER ROAD-FILE NO. MJP01-029

MOVED by Councilmember Rabinowitsh, seconded by Vice Mayor Bender, carried 6-0-1 (Councilmember Evans absent), to introduce and waive the reading of the text 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 LOCATED AT 2120 PINER ROAD (MEADOW PARK) - FILE NUMBER REZ01-018

11.6 PUBLIC HEARING - APPEAL OF CONDITIONAL USE PERMIT FOR CONVERSION OF RESIDENCE TO OFFICE - 412 HUMBOLDT STREET

Mr. Farrell inquired at this time whether any of the Councilmembers had engaged in ex parte communication. There were no disclosures to be made.

Marie Meredith, Senior Planner, gave the staff report, stating that a Planning Commission decision to grant a conditional use permit allowing a residence to be converted to an office at 412 Humboldt Street had been appealed. She cited the section of the General Plan which relates to preservation of significant structures and adaptive reuse, stating that this project was found to further those policies.

PUBLIC HEARING (7:31 P.M.)

Duane DeWitt, the appellant, stated he was working with the Sonoma County Housing Advocacy Group, which should also be noted for the record as an appellant. He said that the proposed action was inconsistent with numerous goals and policies of the General Plan, stated that housing was declared a City Council goal and staff did not appreciate the Council's commitment to housing. He read from the housing element, which states that residential units are to be encouraged downtown and that the existing housing supply must be maintained. He stated that there are inconsistencies in the way the General Plan is being applied and urged the Council not to convert the residence to a commercial use.

Mark Epstein, 3612 Holly Ridge Drive, property owner, stated that while he agrees that there is a need for affordable housing downtown, the surrounding uses are all office and retail, and that, at the time he purchased the property, it was designated commercial. He stated that it was important to preserve the building and that he had investigated ways to include housing in the project but it proved too expensive.

Hearing no further testimony, the Mayor closed the public hearing at 7:41 p.m.

MOVED by Councilmember Martini, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 25739 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING THE APPEAL OF THE PLANNING COMMISSION APPROVAL OF A CONDITIONAL USE PERMIT FOR OFFICE CONVERSION OF A SINGLE-FAMILY RESIDENCE LOCATED AT 412 HUMBOLDT STREET - FILE NUMBER MNP03-010

11.8 PUBLIC HEARING - SUMMER 2003 GENERAL PLAN AMENDMENT PACKAGE (continued)

Chuck Regalia, Deputy Director-Community Development Planning, gave the staff presentation, stating that under consideration were three proposed amendments to the General Plan, the first of which was a request to change the land use designation for .55 acre parcel located at 180 Chestnut Street from low density residential to light industry. He displayed a site plan and reported that existing use was industrial. He stated that the General Plan designation for the property for the last 35 years had been residential and that the property owner, Mr. Downey, was seeking adoption of a General Plan amendment that would allow the continued use of the site, without non-conforming status, for industrial use. He stated that the Planning Commission, by a 7-0 vote, had denied the application on the grounds that it was the not the proper location for industrial use.

In response to a question from Councilmember Martini, Mr. Regalia confirmed that the designation on an adjacent property was industrial and that all access is from Chestnut Street. To a question from Councilmember Blanchard, Mr. Regalia responded that the current use has existed for 50 years or longer but that the designation had always been residential. He stated that, although it was Mr. Downey's belief that staff had failed to implement a General Plan change as directed at a Council meeting in 1988, a review of the minutes and a videotape of that meeting did not support that opinion. He provided further history on Planning Commission and Council decisions on the property over the years.

PUBLIC HEARING (7:55 P.M.)

Jane Williams, 107 Olive Street, stated She had appeared at the Planning Commission meeting, where the conclusion had been to deny the request. She displayed a photo of property, which She stated was in a historical preservation district and showed proximity to Courtyard Marriott and Vineyard Creek. She stated that the surrounding streets are not wide enough for industrial use and displayed a photo of broken curbs and streets cracked by truck use. She noted that the neighborhood is undergoing improvements and that, although the appellant has been allowed this use for a long time, ignorance of the rules does not excuse him.

Bob Slyker, 477 Sierra Vista Road, stated he has worked in the building for many years in Mr. Downey's employ and that the street damage shown in Ms. Williams' picture was not done by their trucks. He said the use has been industrial since 1920, that they believed it was an M-1 zone, and explained surrounding uses.

David Williams, 111B Hazel, stated he lives across the street from the subject property, discussed the danger of truck traffic in the area and supported Ms. Williams.

Deborah Sandsmiller, 306 Orange Street, in the Olive Park Historic District, spoke in favor of denial of the amendment and described the character of the neighborhood, which includes Vineyard Creek Hotel and the Prince Memorial Greenway and is home to a number of vintage residences.

Bruce Aspin all, 703 Second Street, with the Downey family, referred to a letter included in the Council packet and stated that a designation of light industrial would more accurately reflect the historic use of the property for at least 100 years. He said that the essence of the Planning Commission denial stems from the characterization of the area as predominantly residential which is not the case. He displayed a graphic of the neighborhood, pointing out arterial roads and Highways 12 and 101. He reported that, in the westerly portion, over half of the use is industrial. He indicated that the subject property does not lie within the boundary of the historic district and submitted two letters and a videotape of the 1989 Council for the record.

John Downey, 180 Chestnut Street, stated he had filed the General Plan amendment request under protest since he felt that it should have been staff-generated. He said that staff's recommendation to the Planning Commission at its June 12, 2003 meeting was not accurately reflected in the meeting minutes and did not fully inform the Council of new information which could impact its decision. He read aloud from the Planning Commission resolution, reported on the events of the Planning Commission hearing and objected to the land use designation on adjacent property. He stated that the best use of the property is industrial and submitted materials for the record.

Jim Arnold, 107 Olive Street, spoke in support of denying the appeal, stating that several Commissioners had indicated that the site could accommodate a multi-family residence.

In response to questions from Councilmember Martini, Mr. Regalia confirmed that the subject property does not lie within the boundary of the historic district and that the adjacent westerly property will remain in the General Plan as light industrial. Councilmember Martini suggested a mixed-use designation and Mr. Regalia indicated that the General Plan did allow either a single use or a mix of uses. He stated the effect of a mixed-use designation would be that the current use becomes conforming.

Council discussion ensued, wherein it was agreed that this would be a good compromise, addressing the desires of the neighborhood while respecting the 80-year history of use by this owner.

Mr. Regalia suggested language that might reflect Council's action, stating that a designation of mixed use with light industrial and medium density residential, to be shown as a striped pattern on the General Plan land use graphic, would be appropriate.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard to amend the General Plan to reflect a striped category medium density residential/light industrial mixed-use designation on the Downey property.

John Flitner, attorney for Mr. Downey, objected on the grounds that this action amounted to a change to the appeal, requesting that there be discussion on the matter.

At this time, City Attorney Farrell stepped away from the dais to confer with Mr. Flitner.

At this time, Councilmember Martini, with the seconder's consent, withdrew his previous motion.

Mr. Regalia presented the staff report on the next two amendment requests, stating that they both dealt with the City's circulation system. He said that the first was initiated by Dutton Meadows, a private development, the objective being to change the designation of a portion of Northpoint Parkway from four lanes to two. He stated that the amendment request on the second project, initiated by the Planning Commission, sought to change Sebastopol Road between Dutton and Olive Street from four lanes to two. He said that in both cases, the roads are important to circulation in the southwest Santa Rosa area and displayed a graphic. He described the General Plan concept to link major transportation features to ease routes across town, outlined reasoning behind each applicant's request and gave background on the Planning Commission's decisions.

Traffic Engineer Gene Benton responded to a question from Councilmember Blanchard, stating that two lanes will work on Northpoint Parkway for now but there are long term concerns and recommended not giving up right-of-way.

PUBLIC HEARING (9:00 P.M.)

Garrett Hines, Trumark Companies, described his firm's plan for the project, stating that the design team came up with a master plan to have a center focus which included a passive use elements as well as retail, with a viable mixed use feeling. He outlined changes to the plan to accommodate staff objections and said the anticipated travel through the project would easily be satisfied with a two lane arterial. He said he was perplexed by the Planning Commission denial when he had thought the goal was to bring the scale to pedestrian-friendly levels.

Jim Hummer stated that Trumark has received mixed direction regarding circulation issues and that their request only affects a one-quarter mile stretch of road as it passes through a neighborhood.

Steve Coleman, Dowling Associates, the traffic engineer for the appellant, responded to a question from Councilmember Blanchard, stating that all General Plan build-out had been accounted for in the traffic analysis.

Mr. Regalia reported that there is a policy in the Southwest Area Plan which recommends that when constructing streets in the area, an attempt should be made to overbuild in anticipation of future traffic.

Hearing no further testimony, the Mayor closed the public hearing at 9:16 p.m.

Council discussion ensued regarding the various possible configurations of the two- and four-lane options for Northpoint Parkway. Mr.Benton explained that if a two-lane configuration was constructed the option remained to later reconfigure to four lanes. Consensus was reached to support the Planning Commission's decision.

Regarding the 180 Chestnut Street matter, Mr. Farrell announced that the applicant would not object and was prepared to accept the Council's decision.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.8, amended to reflect a striped category medium density residential/light industrial mixed-use designation on the Downey property and to initiate a General Plan amendment for the property to the west of the Downey property to be included in the next General Plan amendment package, for designation to the same category:

RESOLUTION NO. 25740 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A NEGATIVE DECLARATION AND A GENERAL PLAN AMENDMENT CHANGING THE LAND USE DESIGNATION FOR THE PROPERTY LOCATED AT 180 CHESTNUT STREET TO MEDIUM DENSITY RESIDENTIAL/LIGHT INDUSTRY AND INITIATING A GENERAL PLAN AMENDMENT TO THIS DESIGNATION FOR PARCELS SITUATED ON THE WEST SIDE OF CHESTNUT STREET - FILE NO. GPAM03-002

MOVED by Councilmember Blanchard, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.8 as follows:

RESOLUTION NO. 25741 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION DENYING THE GENERAL PLAN AMENDMENT REGARDING THE RECLASSIFICATION OF NORTHPOINT PARKWAY EXTENSION AND DUTTON AVENUE EXTENSION FROM 4-LANE TO 2-LANE REGIONAL (ARTERIALS) AS RELATED TO THE DUTTON MEADOWS SUBDIVISION, FILE NUMBER GPAM02-006

MOVED by Councilmember Blanchard, seconded by Councilmember Condron, carried 6-0-1 (Councilmember Evans absent), to adopt and waive the reading of the text of the resolution in Item 11.8 as follows:

RESOLUTION NO. 25742 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A GENERAL PLAN AMENDMENT TO RECLASSIFY SEBASTOPOL ROAD FROM A 4-LANE TO A 2-LANE REGIONAL/ ARTERIAL (WITH A 2-WAY CENTER TURN LANE) BETWEEN THE NORTHWESTERN PACIFIC RAILROAD TRACKS AND OLIVE STREET AND ADOPTING A NEGATIVE DECLARATION - FILE NO. GPAM 02-007

12. ANNOUNCEMENT OF CLOSED SESSION TOPICS

There were no further announcements made.

13. MAYOR'S/COUNCILMEMBERS' REPORTS

Councilmember Condron reported on a Cultural Arts Council request for a grant to fund expansion of a multi-media community arts awareness campaign in the amount of $36,000.

Councilmember Martini reported on the upcoming meeting regarding the proposed Shelter at Samuel Jones Hall and announced a concert series put on by radio station KSRH in Courthouse Square.

Vice Mayor Bender reported on the activities of the Refuse Ad Hoc Committee and provided information regarding the eventual availability of smaller single stream recycling cans.

Councilmember Rabinowitsh said he met with City Manager Kolin and Tom Trice regarding the search for a library site in southwest Santa Rosa.

14. CITY MANAGER'S REPORTS

14.1 REPORT - COUNCIL GOALS AND WORKPLANS

Deputy City Manager Scoles reported that this item was informational in nature and was intended to update the Council on staff's activities regarding the six Council goals and nine projects/strategies. He stated that progress had been made on each and commended the hard work of the conveners.

7. CITIZEN PUBLIC APPEARANCES (continued)

Brett Holmes, 100 Pleasant Hill Avenue, Sebastopol, representing John Jenkel, read aloud a statement in objection to the strike first policy.

Steve Potter, 290 Springdale Street, Sebastopol, also read a prepared statement opposing the Bush administration and the strike first policy.

Mother, speaking on behalf of her daughter, Lanea Florence, age 10, 661 Connie Street, spoke in objection to cars for sale being parked in their neighborhood near Santa Rosa Avenue. She stated that Lanea had written a letter and got signatures from the neighbors and read the letter aloud.

Jay Samples, 250 Hutchins Avenue, Sebastopol, read from an article in Sonoma West regarding paid protesters and offered his comments on the topic.

Kathrynne Esch, 2471 Westpoint Place, a 15-year Santa Rosa Police Department employee, former member of SRCEA and current union steward for SEIU, stated that members of the Miscellaneous units have been at the mercy of the economy and politics, and that they have taken pay cuts, lost positions, and, when layoffs were threatened, had given up COLA adjustments while other units have received pay raises. She requested that the basic COLA adjustment be granted and that the unit not be penalized for being out of contract at this time.

Linda Picton addressed the need for a citizen police review board, stating She disagrees with Chief Dunbaugh's assessment that one is not needed.

Aimee Laiwa, read aloud a statement on behalf of Maria Peluso regarding Unit 14's negotiations with the City for a successor agreement to the current collective MOU. The statement outlined the course of those negotiations and the referred to Council's position that it was uncomfortable granting a 2% COLA adjustment while at the same time cutting City services.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) - NONE

16. ADJOURNMENT OF MEETING

Hearing no further business, Mayor Wright adjourned the meeting at 10:05 p.m. The next regularly scheduled meeting will take place on August 19, 2003, at a time to be set by the Mayor.

8/12/2003