SANTA ROSA CITY COUNCIL MEETING MINUTES
TUESDAY, SEPTEMBER 9, 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 3:30 p.m. in the Mayor's Conference Room. Present: Vice Mayor Bender, Councilmembers Blanchard, Martini, Rabinowitsh and Evans (Councilmember Condron absent).

2. STUDY SESSION - NONE

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 LABOR NEGOTIATORS

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

Employee Organizations: Service Employees International Union Local 707 (representing City employee 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)

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR

Property: A.P.N. 010-171-004
Agency Negotiator: Stephen Burke, Director-Housing and Redevelopment
Negotiating Parties: Sonoma-Marin Area Rail Transit (S.M.A.R.T.)
Under Negotiation: Price and terms of payment

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

4:07 P.M. (CITY COUNCIL CHAMBERS)

4. ANNOUNCEMENT OF ROLL CALL

Councilmembers were present as noted above, with Councilmember Condron 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 PROCLAMATION - IN RECOGNITION OF FIRE CHIEF TONY PINI

The Mayor read aloud a proclamation in honor of retiring Fire Chief Tony Pini, and presented him with a gift. Chief Pini accepted, thanking the Council, the City Manager and the Executive Staff, and praising the caliber of the City's work force. He concluded by thanking his management staff and his wife, Elaine.

6.2 PROCLAMATION - CHAPLAIN SERVICE OF SONOMA COUNTY

Father David Powell, along with Ernie Olivares, Gloria Young, and eight volunteer chaplains were present to accept the proclamation which Mayor Wright read aloud. Father Powell introduced the volunteers in attendance, noting there are about 40 others representing six world religions and 12 Christian denominations.

6.3 PRESENTATION - SANTA ROSA MAIN STREET UPDATE

John Sawyer presented Santa Rosa Main Street's Annual Report and expressed appreciation to the Council for its support of Main Street's efforts.

At this time, the Mayor called upon Tracey Pugh and Leda Stelling from the Santa Rosa Downtown Market who presented the Council with an appreciation plaque in recognition of its efforts to make the market a success.

7. CITIZEN PUBLIC APPEARANCES

Duane DeWitt reported on a dam which had been constructed along Roseland Creek, inquiring whether it was permitted. He objected to approval of a new subdivision and stated that he is not being kept informed of events in his area.

Ken Hart, Dignity of Man, objected to the issuance of Mexican identification cards and discussed his health.

Stuart Kiehl spoke against use of the Finley site for a Shelter, asked the Council to commit to a 40 bed Shelter rather than one with 80 beds, recommended putting in 20 units of low-income transitional housing on the site, and urged creativity on the part of Councilmembers to protect the community.

Beryl Brown spoke regarding the service of MV Transit, the City's paratransit provider, stating that the service has deteriorated since the transition from the AC Taxi voucher system. She referred to a report on MV's performance, disputing that they have a 95% on-time record.

Mayor Wright requested that a copy of the report be made available to the Council.

Wiley Mann read aloud his letter to Congress regarding the war in Iraq.

Josh Emery spoke regarding federal policy relating to the war in Iraq.

Andrew Rossini spoke against the policies of President Bush.

Chris Maes, spoke representing the 9/11 truth campaign in Sebastopol and read aloud a statement against the war in Iraq.

Elizabeth Neylon spoke regarding her life and experiences and sang a song about war, greed and other societal ills.

Rayes Romo, also read a prepared statement regarding the 9/11 truth campaign, noting that he is a Vietnam veteran.

In response to Mr. Kiehl, Councilmember Martini reported on his efforts, along with Councilmember Condron, to bring back information to the Council regarding possible uses of the Samuel Jones Hall site. He indicated that a fourth neighborhood meeting had been held recently, stated that any Council decisions would be made at a public hearing and that it is appropriate at this time to consider a draft Conditional Use permit which addresses size and population mix of the proposed Shelter. He requested that the item be placed on an upcoming Council agenda for public discussion.

8. APPROVAL OF MINUTES - August 26, 2003 and September 2, 2003 Regular City Council Meetings

Vice Mayor Bender noted an error in the minutes of August 26, wherein She was listed as both the maker and seconder of a motion.

MOVED by Councilmember Martini, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent) to approve the minutes of August 26, 2003 as corrected and September 2, 2003 as submitted.

9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS

There were no abstentions stated.

10. CONSENT ITEMS

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 and 10.2 as follows:

10.1 RESOLUTION - CONTRACT WITH SONOMA COUNTY FOR CONDUCTING MUNICIPAL ELECTIONS

RESOLUTION NO. 25756 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONTRACT WITH THE COUNTY OF SONOMA FOR CONDUCTING MUNICIPAL ELECTIONS

10.2 RESOLUTIONS (3) - REDLEFSEN SUBDIVISION AND REZONING APPEAL

RESOLUTION NO. 25757 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A NEGATIVE DECLARATION FOR THE RECLASSIFICATION FROM RR AND R-1-PD TO R-1-2/6 OF PROPERTY LOCATED AT 2007 AND 2009 TERRY ROAD - FILE NUMBER MAJ02-026

RESOLUTION NO. 25758 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE REDLEFSEN SUBDIVISION TENTATIVE MAP LOCATED AT 2007 AND 2009 TERRY ROAD - FILE NUMBER MAJ02-012

RESOLUTION NO. 25759 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A DEVELOPMENT PLAN FOR REDLEFSEN SUBDIVISION LOCATED AT 2007 AND 2009 TERRY ROAD- ASSESSORS=S PARCEL NUMBER 148-100-044, AND 045 (FILE NO. MJP01-026)

MOVED by Vice Mayor Bender, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent), to introduce and waive the reading of the text of the ordinance in Item 10.3 as follows:

10.3 ORDINANCE INTRODUCTION - REDLEFSEN SUBDIVISION AND REZONING APPEAL

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 2007 AND 2009 TERRY ROAD TO R-1-2/6 - FILE NUMBER REZ02-015

MOVED by Vice Mayor Bender, seconded by Councilmember Blanchard, carried 6-0-1 (Councilmember Condron absent), to adopt and waive the reading of the text of the ordinance in Item 10.4 as follows:

10.4 ORDINANCE ADOPTION - CONTRACT AMENDMENT TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM - AFFECTING FIRE SAFETY EMPLOYEES

ORDINANCE NO. 3622 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF SANTA ROSA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

11. REPORT ITEMS

11.1 REPORT - ACCEPTING MATRICULAR CONSULAR CARDS ISSUED BY THE MEXICAN GOVERNMENT

Karen Weeks, Administrative Services Officer, Police Department, made the staff presentation, explaining Matricular Consular cards are issued by the Mexican government to Mexican nationals upon verification of the individual's identity, and that the Police Department already accepts the cards as a form of identification as do many other California cities and counties. She noted the passage of Senate Bill 60, granting drivers licenses to undocumented immigrants, had not yet taken place at the time the staff report had been prepared, which will also address this need.

PUBLIC COMMENT

Jack Osborne stated that any California resident can go to the DMV and obtain an ID card; that federal law requires all foreign visitors to have identification papers on their person at all times; and that all aliens must register with INS. Given these requirements, he questioned the purpose of the Matricular Consular cards, adding that it is required that if a person is in violation of INS laws the City must report the person to the INS. He stated that federal law requires that all aliens be registered for defense purposes.

George Ortiz stated he is chair of the Western Alliance of Farmworker Advocates headquartered in Sacramento. He spoke regarding the income produced by farmworkers in California for the state's large agricultural industry, noting that approximately 28,000 farmworkers and their families reside in Sonoma County alone. He explained that the Mexican government has been issuing the cards, which list the individual's name and local address, for many years. He spoke in favor of acceptance of the card, stating it grants no immigration status or advantage as a citizen.

Irma Cordova said consular cards are issued by the Mexican government to Mexican citizens residing in the United States as a means of counting how many Mexican people are living away from home. She urged acceptance of the card as identification for undocumented aliens, saying that we use their labor and live among one another already, that it is an issue of security and dignity.

Nathan Acuna also asked that the cards be accepted as a legal means of identification, saying that many of the farmworkers live a life of no dignity. He described the plight of homeless farmworkers who come here to work crops, noting the importance of their work for producing wine and food. He said the card imparts no immigration status and that it creates a win-win situation for those involved.

Michael Fuimara also spoke in favor of adoption, citing case law holding that local enforcement officers are prohibited from enforcing United States immigration enforcement laws. He said passage would have a great effect on the dignity and rights of people, adding that those who do not drive and cannot get a drivers license will still need acceptable identification in order to maintain the dignity of being an individual. He commented that the decision may not necessarily be legal, but thanked the Council in anticipation of a decision to approve the resolution. He concluded by thanking the Fire Department for saving his home on Los Olivos.

Donna Zapata asked the Council to pass the resolution as it will promote safety and security in the community, and thanked the Council for their support of the Latino community.

Orlean Koehle prefaced her remarks in opposition by stating that She is not prejudiced, that She had grown up on an Idaho farm where her father hired Mexican workers whom he later helped to become American citizens, and that her husband is a German immigrant. She said She opposed the ordinance on the grounds that there is a huge illegal immigration problem; that it would exacerbate existing problems; and that the economic activity is mostly underground and hurts the illegal aliens as well as other businesses trying to legally compete. She said that illegal aliens receive disproportionate shares of social service benefits yet do not pay taxes, citing the high cost of health care services, education and school lunches provided to illegal aliens.

Elissa Wadleigh echoed the previous speaker's comments, adding that no group of people should be set apart and recognized by the local government, that undocumented means they are here illegally, and being here illegally demonstrates a lack of respect for US laws yet there is an outcry for the lack of respect shown for the illegal immigrants. She said there is dignity for those coming to this country legally but should not be afforded those coming here illegally, adding that illegal immigrants place a huge burden on society, citing the number of prison beds taken up and other public costs.

Duane DeWitt asked that if cards are given they be issued with birth certificates or other verifiable information to provide accountability.

In response to a question by Mayor Wright, Mr. Farrell stated that the policy is legal. In response to Councilmember Blanchard questioning whether the recent passage of SB 60 obviated the need for this action, Ms. Weeks responded that it may not resolve the problem for everyone, as one needs to present identification to receive identification.

Ms. Cordova stated that the Mexican government requires an origin al birth certificate or other identification, usually a voter registration card, to issue the Matricular Consular card, adding that the state only authorizes undocumented aliens to obtain a drivers license but opening bank accounts or utility services may still be difficult.

Councilmember Martini noted that taxes are withheld from wages, sales taxes are collected and property taxes are paid indirectly through rent payments made by undocumented aliens. He added that the state reaps tremendous benefit from these services and that allowing someone to conduct personal business, such as opening a checking or utility account, does not impact their legal status. Vice Mayor Bender commented on dignity and the value provided to the community. Councilmember Blanchard stated this is a federal policy issue that can't be addressed at the local level. He concurred with the value of an acceptable form of identification, but had difficulty with the recommendation to encourage similar action by other jurisdictions.

MOVED by Councilmember Rabinowitsh, seconded by Vice Mayor Bender, carried 5-0-1-1 (Councilmember Blanchard abstaining; Councilmember Condron absent), to adopt and waive the reading of the text of the resolution in Item 11.1 as follows:

RESOLUTION NO. 25760 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING ITS EMPLOYEES TO ACCEPT MATRICULAR CONSULAR CARDS ISSUED BY THE MEXICAN GOVERNMENT AS VALID IDENTIFICATION

11.2 REPORT - AMENDMENTS TO THE CITY CODE'S ELECTION CAMPAIGN PROVISIONS

Brien Farrell, City Attorney, made the staff presentation, stating that the item before the Council is whether to adopt a proposed ordinance implementing changes to the City Code related to campaign finance reform, as mandated by the voters with the passage of Ballot Measure O. He outlined the three issues to be addressed which were new limits on campaign contributions, establishment of a new reporting schedule for contributions and the availability of public financing for Council elections. He provided the history of the activities of the Charter Amendment Committee and outlined its recommendations regarding Section 57 of the City Charter. He stated that the Committee had not reached concurrence on whether to make public financing available only to those candidates who adhered to voluntary spending limits. He reported on the various effective dates that could be employed, stating that adoption as an urgency measure would accommodate the needs of candidates who have already begun collecting contributions. He described changes that had been made to the Council packet in response to public comment and responded to Councilmember questions regarding reporting deadlines.

Councilmember Evans commented that the mailing of the City's newsletter containing campaign information should occur sooner than three weeks before the election to accommodate absentee voters. She requested clarification on language relative to reporting of independent expenditures and stated that, regarding provision of public financing, her intent as a Committee member had been to require voluntary spending limits of those candidates receiving the benefits under Chapter 10-33, which She felt was not properly spelled out in the language.

PUBLIC COMMENT

Jack Osborne suggested that every candidate receive public funding in the amount of $25,000 and then return any contributions they receive to the City.

Larry Haenel spoke representing Concerned Citizens for Santa Rosa, urged the Council to adopt their recommendations regarding the implementation of Measure O, which he felt would reflect the intent of the voters. He noted the recommendations of the Press Democrat and others and commended Councilmembers Evans and Rabinowitsh for their public endorsement.

Gene Hottel cited campaign costs as reported in a Press Democrat article and listed the past campaign expenditures of the current Councilmembers. He spoke against the high cost of elections and stated that the intent of Measure O had been to provide public financing to those who accept a voluntary spending limit.

Anne Hudgins stated She had voted to approve Measure O and urged the Council to include voluntary spending limits in its implementation.

Anne Seeley co-chair of Concerned Citizens for Santa Rosa, stated that the Council majority has been asked by the voters to bring diversity to Council elections through campaign finance reform and urged them not to resist the public financing component.

Caroline Ramberg spoke in favor of limiting campaign expenditures.

John McHugh inquired whether cash contributions to political campaigns were part of what was being considered.

Bill Carle said that he had been a member of the Charter Committee and had made the origin al motion regarding campaign finance reform. He urged inclusion of voluntary spending limits, stating that was part of the intent of the Committee in the interest of maintaining public trust.

Willard Richards speaking on behalf of the League of Women Voters, stated that Measure O required that public financing be included in the ordinance and said that the League supports restricting public financing to those who agree to voluntary spending limits.

Carol Dean stated She was a member of the Charter Review Committee and that the majority of the Committee agreed that voluntary spending limits would benefit all candidates. She said that the purpose of reform was to reward those who agreed to limits with public financing.

Susan Gorin stated that potential candidates representing diversity both geographically and otherwise should be encouraged to run for Council seats and that this could be accompliShed by offering public financing. She urged the approval of language decreasing contribution limits, making election reporting accessible to the voters and offering public funding to those candidates who agree to voluntary spending limits.

Sonia Taylor, a member of the Charter Committee, referred to a letter, signed by 12 Committee members, requesting that the Council consider voluntary spending limits as a part of public financing. She objected to the fact that no money was being offered, suggesting that the ordinance be revised in the event that the local economy improved and stated that She supports both options, as well as the changes recommended by Councilmember Evans.

Terry Price stated that the voters sent a clear message that campaign spending should be reduced and that voluntary spending limits as a requirement for receiving public financing would be a powerful incentive.

Keith Woods, Charter Review Committee member, spoke in support of the allowable contribution amount being reduced from $1,000 to $500 and more stringent reporting requirements. He suggested that public financing be offered only to cover the costs of publishing the candidate's statement in the voter's pamphlet and said that the provisions of Measure O are being met by the proposed ordinance. He concluded by noting that Councilmember Evans had not accepted voluntary spending limits on her Candidate's Intention statement.

In response to Mr. Woods, Councilmember Evans stated that She had filed an amended statement in July wherein She did accept the voluntary spending limits.

Carolin a Spence spoke on behalf of the Chamber of Commerce, stating that the Chamber opposed voluntary spending limits being a requirement of appearing in election publications.

Cathleen Barnier spoke on behalf of the Chamber of Commerce, stating that, to receive the benefit of being included in the City publication, the Chamber's Government Relations Committee recommends that there be either an increased number of signatures required or a $20,000 maximum for contributions.

David Vogen spoke in support of reduced campaign costs and stated that this proposal does not do enough. He suggested district elections as a means of lowering costs and increase public contact for each Councilmember within a smaller geographic area.

Terry Hilton, South and West Area Business Association, stated support for encouraging a more diverse Council but saw no need for spending caps or public financing. He said that the current Council has worked hard for the southwest area, which he appreciated.

Veronica Jacobi stated support for assisting candidates who agree to limits on spending.

Council discussion ensued with Mr. Farrell and Assistant City Attorney Bruce Leavitt responding to questions regarding limitations on independent expenditures, restrictions on committees, and the ability of individuals to make campaign expenditures exceeding $500.

Councilmember Evans stated her appreciation for the work done on this issue and said that the proposed ordinance goes along way toward achieving the intent of the voters. She said, however, that voluntary spending limits were necessary and should be included in the ordinance.

Councilmember Blanchard also commended the work of the Committee and stated that the proposal as written fulfills the voter mandate of Measure O. He expressed concern over unintended consequences, commented that candidates bound to spending limits may not be able to respond to last minute "hit pieces" and recommended approving the ordinance.

Councilmember Rabinowitsh spoke in support of voluntary spending limits, stated that $50,000 was an adequate amount to run a campaign and that the proposal does not do enough to encourage diversity on the Council.

Councilmember Martini Vice Mayor Bender and Mayor Wright stated they would support the motion as written, agreeing that it represented significant progress and could be revisited in the future if needed.

MOVED by Councilmember Evans, seconded by Councilmember Rabinowitsh, failed 2-4-1 (Mayor Wright, Vice Mayor Bender and Councilmembers Martini and Blanchard voting NO; Councilmember Condron absent) to introduce and waive the reading of the text of the ordinance with the inclusion of voluntary spending limits.

Mr. Farrell reminded the Council that the effective date of the ordinance should be specified and it was agreed that there was no need to enact the ordinance as an urgency measure.

Councilmember Evans stated that, while She would vote yes on the ordinance, She did not believe that it implemented the will of the voters concerning public financing, and possibly placed the Council in violation of the City Charter.

MOVED by Vice Mayor Bender, seconded by Councilmember Martini, carried 6-0-1 (Councilmember Condron absent), to introduce and waive the reading of the text of the ordinance in Item 11.2 as follows:

ORDINANCE ENTITLED: AN ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING AND AMENDING PROVISIONS OF THE SANTA ROSA CITY CODE RELATING TO COUNCIL ELECTION CONTRIBUTIONS AND EXPENDITURES AND THE REPORTING THEREOF

11.3 REPORT - TIMOTHY COMMONS FEE DEFERRAL

Chuck Regalia, Deputy Director - Community Development, made the staff presentation and recommended that Burbank Housing Corporation's request for fee deferral be granted, citing past instances in which the city had done so, but did not recommend approval of the request to freeze the fee at the current level, as the fee reflects the cost of the service and it if were to be deferred the costs would have to be paid by a different source. He explained the practice is to defer fees in effect at the time the building permit is taken out, and that the city would be asked to sign a subordination agreement placing the city in last place as a security holder.

PUBLIC COMMENT

Jack Osborne stated that since the fee must be paid by someone, it should rightfully be paid by Burbank Housing.

John Lowry, Burbank Housing, said the building plans have been resubmitted and the review process will take several months, however, they hope to have sewer permits before the sewer fee increase, adding that the difference in the fee amounts is potentially as high as $170,000 or more. He stated that over $100,000 of that is the sewer fee which he thought that permit could be taken out before that fee increase, so the request would be to freeze the remaining fee difference. He thanked the staff and Council and described Timothy Commons, a 32-unit low-income affordable housing project that Burbank has been working on for about five years, with financing being the major time factor. He concluded by asking that the Council not increase the cost of the project by imposing the full fee.

In response to Vice Mayor Bender's question about potential for delay, Mr. Lowry stated that hopefully it would not delay the project, that they would first request the additional funds from the Housing Authority, but there was a possibility for delay.

In response to Councilmember Martini's question about the resubmittal of plans for plans check, Mr. Lowry responded that it was necessary to revise the plans when building revisions were made as a result of lender requirements.

Council discussion ensued regarding freezing the fee, with Councilmember Martini suggesting that any fee adjustments be predicated on a policy discussion.

Terry Hilton stated support for the request for the freeze.

Mayor Wright indicated support for freezing the fees; Councilmember Evans stated support for directing staff to submit a report examining a policy for waiver or reduction of fees for affordable housing projects. Deputy City Manager Scoles commented on the budgetary issues, explaining that the water or sewer fund should not bear the burden of housing, and that although it is the Council's prerogative to freeze fees the two funds would have to be restored from another source. Mr. Scoles indicated he would follow up with City Manager Kolin on the policy issue.

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

RESOLUTION NO. 25761 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT WITH THE DEVELOPER OF THE TIMOTHY COMMONS APARTMENT PROJECT DEFERRING PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES AND DENYING A REQUEST TO FREEZE FEES AT CURRENT RATES

5:00 P.M.

11.4 PUBLIC HEARING - WEST THIRD STREET ANNEXATION (SWSR 1-03)

Chuck Regalia, Deputy Director - Community Development, made the staff presentation describing the requested to prezone 11 lots along West Third, Iowa and Decoe Streets to the R-2 (mulitiple family residential/duplex) District. He showed the subject parcels on the location map.

PUBLIC HEARING (8:12 p.m.)

Bruce Aspin all stated he was representing Mark Adamson, the primary proponent of the annexation, and requested approval.

Terry Hilton stated his support, adding that although he has not communicated with the property owner, it is a total brownfield and he supports it.

Hearing no further testimony, Mayor Wright closed the public hearing at 8:13 pm.

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

RESOLUTION NO. 25762 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED SOUTHWEST SANTA ROSA ANNEXATION (SWSR1-03) AND PREZONING OF PROPERTY LOCATED ALONG DECOE STREET, WEST THIRD STREET AND IOWA STREET, FILE NUMBER ANX02-004

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

ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE AREA INCLUDED WITHIN THE PROPOSED ANNEXATION SWSR1-03 (SOUTHWEST SANTA ROSA), LOCATED AT 212 AND 214 DECOE STREET;110, 118 AND 126 WEST THIRD STREET; 211, 215 AND 217 IOWA STREET, FILE NUMBER ANX02-004

11.5. PUBLIC HEARING - PROPOSED CLOVER LANE REZONING AND APPEAL HEARING OF SUBDIVISION APPROVAL

Marie Meredith, Senior Planner, made the staff presentation and described the Planning Commission decision, now under appeal, to approve the Clover Lane rezoning and subdivision proposal to create 14 single family lots and one duplex lot for development of 16 dwelling units on the 2.11 acre parcel. She displayed the subdivision map which reflected the proposed cul-de-sac and its adjacency to the park property which will provide neighborhood and pedestrian access to the park. She described Clover Drive as being 16'7" to 18' wide with no sidewalks along the length of the roadway except a short length close to West College Avenue. She stated that a pedestrian pathway along Clover Drive was a condition of approval, and noted the Planning Commission had extensively discussed the safety and access issues and recommended approval.

PUBLIC HEARING (8:17 p.m.)

Kent Saunders said he is a 22- year resident at that address and values the rural character of the neighborhood which is enhanced by the narrow road that was designed for 1,000 trips per day and now carries 3,000, with 30 homes using the street. He felt the road could not handle the traffic generated by the addition of 16 units, noting excessive speeds now and that the road that is too narrow for two cars to pass. He questioned whether there was room for a sidewalk, and cautioned that the cars would take up the asphalt walkway.He stated that he and his family use the park but access it through G and G parking lot or the school.

Virginia Saunders said She represents many neighbors who do not oppose the development but do oppose the number of homes as it will drastically increase traffic flow on this substandard street. She spoke against creating a park access as it would generate more traffic and cars parking alongside the narrow road, also eroding the rural character of the neighborhood.

Irene Walters said there were errors in the traffic report stemming from miscounts due to the placement of the car counter and due to the slower speeds at that location. She estimated the actual average speed along the road to be at 45 and that the walkway would not benefit pedestrians but only facilitate higher speeds. She cautioned that it would affect the drain age, adding that the development density was too high.

Ed Bertain echoed previous comments, questioning the safety of the four way stop due to visibility issues on a busy thoroughfare, and predicting accidents if the proposed density were allowed. He stated he does not oppose the subdivision but the density, the location of ingress and egress, and the asphalt curbs which will create a hazard.

Mareen Bertain also commented on the traffic burden on Clover Drive and its narrow width, and disputed the accuracy of the traffic report. She objected to the project's density, pedestrian and traffic safety and aesthetics. She noted the characteristics of Clover Drive are more rural in nature than is typical throughout the city, and that the homes are all one-story ranch style homes.

Bruce Aspin all representing the applicant, said the project was origin ally filed as a 16-lot subdivision with no access to the park, but had been modified to its present configuration at the request of the planners during the application process. Displaying the site plan,he described the cul-de-sac as providing a broad opening with physical and visual access to the park, varied setbacks with a well articulated streetscape that conforms to the city's design guidelines with a one-story edge to it all the way around. He said the average home size is 1437 square feet which is less than allowable and comparable to homes in the area. He stated that two to eight units per acre is allowed, and the proposal is for 7.5 units per acre and scaled appropriately with no exceptions or variances to density or design guidelines. He stated that the letter from the traffic engineer was not intended to be a full traffic study, as a study is not required for a development this small. He said the project represents a very small infill development with very little traffic impacts. He acknowledged that the City had required a traffic count which is what was submitted indicating 3,000 vehicles per day, that counters were placed at the southerly end and the narrow part of Clover Drive and speed counts were documented in the letter. He stated the proposed development would generate 160 trips per day, a 5% increase. He described the street standard that would be required and requested that the Council deny the appeal and approve the zoning. He also requested that the City share in the cost of installing the pedestrian pathway.

Hearing no further testimony, Mayor Wright closed the public hearing at 8:47 p.m.

Council discussion ensued, with considerable discussion taking place on the merits of providing park access with this project, and the related impacts on traffic and parking on the neighborhood. Project density was also discussed, with a suggestion made but subsequently reconsidered to send the application back to the Planning Commission for further consideration of those issues.

Councilmember Rabinowitsh noted positive aspects of the project but felt the proposed density was too high.

Councilmember Evans stated the density was out of character with the neighborhood and felt the proposed rezoning was inconsistent with the general plan and the neighborhood.

MOVED by Vice Mayor Bender, seconded by Councilmember Blanchard, carried 4-2-1 (Councilmembers Evans and Rabinowitsh voting NO; Councilmember Condron absent), to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 25763 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ON APPEAL A TENTATIVE MAP FOR CLOVER LANE SUBDIVISION LOCATED AT 1233 AND 1249 CLOVER DRIVE, FILE NUMBER MAJ02-018

MOVED by Vice Mayor Bender, seconded by Councilmember Martini, carried 4-2-1 (Councilmembers Evans and Rabinowitsh voting NO; Councilmember Condron absent), to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 25764 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED DEVELOPMENT PLAN, TENTATIVE MAP, AND REZONING OF PROPERTY LOCATED AT 1233 AND 1249 CLOVER DRIVE, FILE NO. MJP02-018

MOVED by Vice Mayor Bender, seconded by Councilmember Blanchard, carried 4-2-1 (Councilmembers Evans and Rabinowitsh voting NO; Councilmember Condron 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 DENYING AN APPEAL AND UPHOLDING A RECOMMENDATION OF THE PLANNING COMMISSION AMENDING CHAPTER 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 1233 AND 1249 CLOVER DRIVE (CLOVER LANE SUBDIVISION), FILE NUMBER REZ02-020

11.6 PUBLIC HEARING - APPEAL- LAKES AT FOUNTAINGROVE GRADING PERMIT (Continued from the Council meeting of August 19, 2003)

This appeal was withdrawn by the appellant, therefore no action was taken on this item.

7. CITIZEN PUBLIC APPEARANCES (Continued)

Jack Osborne contended that the Brown Act prohibits limiting a speaker from addressing the Council only once on an item if it is continued to another meeting, and that a person is not required to identify themselves in order to speak or to complete a speakers card. He stated that he expected to receive a legal answer. He also asked for clarification on whether a culvert had required Department of Water Resources approval, and stated he would be sending a letter outlining his views on what is appropriate for inclusion on the consent agenda.

Elissa Wadleigh described the location of her street in relation to the mall and Highway 101, stating high traffic speeds during nighttime hours are a chronic problem.

12. ANNOUNCEMENT OF CLOSED SESSION TOPICS - See Minutes.

13. MAYOR'S/COUNCILMEMBERS' REPORTS

Councilmember Blanchard reported on the First Night Santa Rosa kickoff fundraiser he had attended and said the organizers were planning a presentation to the Council at the end of the month. He also announced the Mexican Independence Day celebration set for Sunday in Courthouse Square.

Councilmember Martini commented on the recent news report regarding the Place to Play irrigation pond algae bloom which had exploded the filters and created irrigation problems, saying that the pond is being made deeper to remedy the problem. He thanked the sports leagues. He also acknowledged the efforts of Maggie Bradley to make the trails safer for hikers and joggers by handing out whistles and generally raising awareness after recent attacks. He announced that KRSH Radio is sponsoring free community concerts in Courthouse Square on Friday evenings.

Vice Mayor Bender reported on Chief Pini's retirement reception where She had read a proclamation in his honor, saying it was a well-attended event and Chief Pini would be missed. She announced the Budget Subcommittee meeting; the Southwest Area Project Committee meeting; the Circulation Subcommittee meeting; and interviews for the Russian River WaterShed Association Executive Director.

Councilmember Rabinowitsh announced the Sonoma County Reads program kickoff event Saturday in Courthouse Square, where there will be an hour of reading from parts of Call of the Wild by Jack London. He distributed bookmarks that listed the schedule of events. He reported that the open space district is initiating a study to provide for preservation of the City's lands and trails, including potential trail locations, saying he had recommended that Miles Ferris be asked to represent the City on the committee. He noted another open space district proposal to finish the bikeway along Santa Rosa Creek and obtained concensus to have information presented to the Council at a study session.

Mayor Wright reported on the Sonoma County Transportation Authority meeting the previous day, saying that ODOT is looking at reducing the HOV lane hours. She also reported She would be meeting with the Bicycle Coalition regarding the JC overcrossing request, noting there has been agreement to place it on the list but it has not been prioritized and will not be part of the highway improvements. She reported on the Red White and Boom 'thank you' barbeque and announced a fireworks meeting at Steele Lane the next Monday evening, where the non-profit vendors have been invited to look at alternative fundraising methods. She announced a gang task force meeting the same evening and the Mayors and Councilmembers dinner on Thursday.

14. CITY MANAGER'S REPORTS

Mr. Scoles had nothing further to report.

15. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

16. ADJOURNMENT OF MEETING

Hearing no further business, Mayor Wright adjourned the meeting at 9:36 p.m. in memory of Ernie Comalli. The next regularly scheduled meeting will take place on September 16, 2003, at a time to be set by the Mayor.

9/9/2003