SANTA ROSA CITY COUNCIL MEETING MINUTES

TUESDAY, DECEMBER 14, 2004
COUNCIL CHAMBER, CITY HALL, 100 SANTA ROSA AVENUE
REGULAR MEETING
 
3:30 P.M. (CITY COUNCIL CHAMBERS)
 
1.      CALL TO ORDER AND ROLL CALL

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

2.      STUDY SESSION

2.1    CALL TO ORDER AND ROLL CALL OF THE JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION

Council members were present as noted above.  Planning Commission members Patti Cisco, Scott Bartley, and Allen Thomas, Chair, were also in attendance.

 

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

 

2.3    STUDY SESSION - JOINT STUDY SESSION WITH THE PLANNING COMMISSION

 

A joint study session was held to review the Planning Commission Work Plan which seeks to expand the communication between the staff, Planning Commission, Design Review and Cultural Heritage Boards to promote a more efficient and coordinated planning process.

 

2.4    ADJOURNMENT OF JOINT STUDY SESSION AND SPECIAL MEETING OF THE PLANNING COMMISSION AND RECONVENE COUNCIL

 

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

 

3.1    CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section 54956.9)

Name of case:  Bugatto Santa Rosa Properties, Inc., et al. v. City of Santa Rosa, et al. (Sonoma County Superior Court No. 234788)

3.2    CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to subdivision (c) of Government Code section 54956.9.  One potential case:  intervention.

Name of case:  Center for Biological Diversity, et al. v. U.S. Fish and Wildlife Service, et al.  U.S. District Court No. C 04-04324 WHA (N.D. Cal.)

4:05  P.M. (CITY COUNCIL CHAMBERS) 4:05:45 PM

4.    ANNOUNCEMENT OF ROLL CALL

Councilmembers were present as noted above.  Teen Councilmember  Blake Atkerson, senior at Cardinal Newman High School, was also present.

5.            REPORT ON STUDY SESSION AND CLOSED SESSION(S) 4:06:04 PM

City Attorney Farrell announced that the Council had met in closed session regarding items 3.1 and 3.2 as listed on the agenda.  He stated no action was taken and there were no announcements to be made. 

6.            PROCLAMATIONS/PRESENTATIONS - None

7.            CITIZEN PUBLIC APPEARANCES 4:07:34 PM

The following citizens addressed the Council regarding topics not on the Council agenda:

Jack Osborne

Steve Aceto

Ken Hart

Richard Canini

Micelle Gervais

Mike Arendt

Terry Hilton

8.    APPROVAL OF MINUTES - NONE

9.    STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 4:25:27 PM

There were no statements of abstention made.

10.    CONSENT ITEMS 4:25:33 PM

PUBLIC COMMENT

Jack Osborne asked for clarification on items 10.3 and 10.5. 

MOVED by Vice Mayor Blanchard, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the resolutions in Items 10.1 through 10.4 as follows:

10.1    RESOLUTION - SAFE TREE - A PUBLIC EDUCATION PROGRAM OF PACIFIC GAS AND ELECTRIC GRANT APPLICATION

RESOLUTION NO. 26142 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE SAFE TREE, A PUBLIC EDUCATION PROGRAM OF PACIFIC GAS AND ELECTRIC COMPANY, FOR THE CITY'S ANNUAL ARBOR DAY CELEBRATION AND POSTER CONTEST

10.2    RESOLUTION - LUTHER BURBANK HOME & GARDENS 2005 BUDGET

RESOLUTION NO. 26143 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE LUTHER BURBANK HOME & GARDENS 2005 OPERATING BUDGET

10.3    RESOLUTION - AMENDMENT TO CONFLICT OF INTEREST CODE

RESOLUTION NO. 26144 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA APPROVING THE AMENDMENT OF THE CONFLICT OF INTEREST CODE FOR CITY DEPARTMENTS, BOARDS, AGENCIES, COMMISSIONS AND CONSULTANTS

10.4    RESOLUTION - WAL-MART STORE PROJECT ENVIRONMENTAL IMPACT REPORT CONTRACT (Continued from December 7, 2004 Council Meeting)

RESOLUTION NO. 26145 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT FOR PROFESSIONAL SERVICES WITH EIP ASSOCIATES FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND RELATED SERVICES FOR THE WAL-MART STORE PROJECT

MOVED by Vice Mayor Blanchard, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the ordinances in Items 10.5 and 10.6 as follows:

10.5    ORDINANCE ADOPTION - SALARY ORDINANCE – CITY ATTORNEY

ORDINANCE NO. 3697 ENTITLED:  ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SALARY AND OTHER COMPENSATION AND BENEFITS FOR THE CITY ATTORNEY

10.6    ORDINANCE ADOPTION - SALARY ORDINANCE – CITY MANAGER

ORDINANCE NO. 3698 ENTITLED:  ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SALARY AND OTHER COMPENSATION AND BENEFITS FOR THE CITY MANAGER

11.    REPORT ITEMS

11.1  REPORT - STAFF AUTHORIZATION TO NEGOTIATE AGREEMENTS TO FACILITATE FUNDRAISING AND DONATION OF SERVICES TO BUILD A NEW SENIOR CENTER 4:30:56 PM

Eric Jorgesen, Recreation and Parks Superintendent, made the staff presentation, detailing a collaborative effort between the City, Seniors, Inc. and Simons and Brecht for construction of a new Senior Center facility at Finley Community Park, which would consist of a new wing of the existing Finley Community Center.  

Joan Woodard, President and CEO of Simons and Brecht, spoke of the benefits of collaboration and leveraging existing Finley Center facilities, as well as the association between Mr. Simons and Mr. Miller, the architect of the Finley Center. 

Kurt Wheeling, board member of Seniors, Inc., presented a short overview of the project in a Powerpoint presentation, describing the organization and the purpose of Seniors, Inc., to raise funds to build the new wing of the Finley Center . 

PUBLIC COMMENT

Sy Berkowitz, Glen Ellen, spoke in support.

Jack Osborne spoke in opposition to the contracting process.

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

RESOLUTION NO. 26146 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING CITY STAFF TO NEGOTIATE AGREEMENTS AND RELATED DOCUMENTS TO FACILITATE THE DESIGN AND CONSTRUCTION OF A NEW SENIOR CENTER

11.2  REPORT - ANNEXATION BOUNDARIES - 5875 SONOMA HIGHWAY 4:51:43 PM

Sonia Binnedyk, City Planner, made the staff presentation, outlining the proposal by a commercial property owner to annex a 3.38 acre parcel in order to access City services thereby preempting failure of a mound septic system that is no longer adequate for the expanded commercial uses at that property.  She stated that the proposed annexation boundary includes four lots, two of which are owned by individuals who oppose annexation.  She described the proposal's compliance with the Council policy, noting it fails to satisfy the criteria in that it does not adjoin urban development.  Therefore, staff recommended denial. 

PUBLIC COMMENT

Jim Hummer spoke in support of the annexation.

MOVED by Councilmember Pierce, seconded by Councilmember Martini, carried 4-3 (Councilmember Condron, Vice Mayor Blanchard and Mayor Bender voting NO) to adopt and waive the reading of the text of the resolutions in Item 11.2 as follows:

RESOLUTION NO. 26147 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING THE ANNEXATION OF 3.38 ACRES LOCATED AT 5875 SONOMA HIGHWAY, FILE NUMBER ANX04-007

11.3            REPORT - STATUS OF HOMELESS SERVICES 5:28:18 PM

MOVED by Councilmember Martini, seconded by Councilmember Condron, carried unanimously, to add item 11.3 to the agenda.

Mark Krug, Housing and Redevelopment Manager, made the staff presentation, updating the Council on the current status of shelter facilities in the community, noting expanded shelter capacities, and displayed a table indicating historic, current, and projected numbers of available shelter beds.  He also spoke regarding the temporary Armory facility, likely in its last year of operation, which has been closed on weekends due to funding limitations. 

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Martini, carried unanimously, to add consideration of funding $10,000 for weekend coverage at the Santa Rosa Armory temporary shelter facility to the agenda.

MOVED by Councilmember Rabinowitsh, seconded by Councilmember Martini, carried unanimously, to appropriate $10,000 from funds budgeted for Samuel Jones Hall for weekend operations at the Santa Rosa Armory shelter facility.

5:00 P.M.

**11.4   PUBLIC HEARING - APPEAL OF CULTURAL HERITAGE BOARD DECISION REGARDING GARAGE RECONSTRUCTION LOCATED AT 130 WEST 8TH STREET IN THE WEST END HISTORIC DISTRICT - FILE LMA03-020 5:58:51 PM

Councilmembers disclosed ex parte communications as follows:  Councilmember Sawyer stated he had met with the appellant's attorney and at least two neighbors, but had received no information not currently in the record; Mayor Bender stated she had also met with the appellant's attorney and several neighbors, and had received several emails, and had received no information not presently in the record; Councilmember Pierce stated he had met with the appellant's attorney, two neighbors, and had received written communications but had no new information; Councilmember Rabinowitsh stated he had met with the appellant's attorney, neighbors, and toured the site, and had no new information.  Councilmember Blanchard stated he had received no new information, had met with the appellant's attorney and some neighbors; Councilmember Condron stated she had met with a neighbor and had received a letter from the appellant's representative.

Marie Meredith, City Planner, made the staff presentation, outlining the series of events in the applicant's request to reconstruct a garage in the West End Preservation District, which included issuance of a building permit in error, as no Landmark Alteration permit had been obtained pursuant to preservation district requirements.  Ms. Meredith cited the code dealing with landmark alterations requiring permits, and explained that the property owner was subsequently directed by the Cultural Heritage Board to reduce the garage height, use a stucco finish, and include roofline design that reflected mission revival line of the roofline.  She explained those requirements were the subject of the appeal.

PUBLIC HEARING

Eric Koenigshofer, attorney representing the appellant, spoke in support of upholding the appeal. 

Carol Dean spoke in support of upholding the Cultural Heritage Board decision. 

Juliet Wilson, spoke in support of upholding the Cultural Heritage Board decision. 

Paige Swartley, attorney with the Brandt-Hawley Law Group, Glen Ellen, spoke in support of upholding the Cultural Heritage Board decision. 

Bill Shoemaker spoke in support of upholding the Cultural Heritage Board decision. 

Adrienne Shoemaker spoke in support of upholding the Cultural Heritage Board decision. 

Michael McGinnis spoke in support of upholding the Cultural Heritage Board decision. 

Carol Woolsey Coddings spoke in support of upholding the appeal. 

David Poulson, chair of the Cultural Heritage Board, responded to a question regarding the 12-foot height restriction, saying it was a compromise but that 10 feet would be preferred.  

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

MOVED by Councilmember Pierce, seconded by Councilmember Rabinowitsh, carried 6-1 (Councilmember Sawyer voting NO), to adopt and waive the reading of the text of the resolutions in Item 11.4 as follows:

RESOLUTION NO. 26148 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING AN APPEAL AND UPHOLDING THE CULTURAL HERITAGE BOARD'S DENIAL OF A LANDMARK ALTERATION PERMIT FOR A GARAGE RECONSTRUCTION LOCATED AT 130 WEST 8TH STREET; ASSESSOR'S PARCEL NUMBER 010-152-010, FILE NUMBER LMA03-020

11.5  PUBLIC HEARING - ANNEXATIONS TO MAJOR SEWER DISTRICTS

Sue Stoneman, City Clerk, made the staff presentation, explaining that the purpose of the annual public hearing is to update the boundaries to the City's four major sewer districts to include properties annexed to the City during the previous year.

PUBLIC HEARING

Hearing no testimony, Mayor Bender closed the public hearing at 7:09 p.m.

MOVED by Councilmember Sawyer, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 26149 ENTITLED:  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA ORDERING ANNEXATION OF TERRITORY – INTERCEPTOR, TRUNK SEWERS AND TREATMENT WORKS PROJECT NO. 55-TS

MOVED by Councilmember Sawyer, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 26150 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERING ANNEXATION OF TERRITORY – MAJOR SANITARY SEWERAGE PROJECT

MOVED by Councilmember Sawyer, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 26151 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERING ANNEXATION OF TERRITORY – NORTHWEST MAJOR SEWER PROJECT

MOVED by Councilmember Sawyer, seconded by Councilmember Martini, carried unanimously, to adopt and waive the reading of the text of the resolution in Item 11.5 as follows:

RESOLUTION NO. 26152 ENTITLED:  RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ORDERING ANNEXATION OF TERRITORY – SANTA ROSA WASTEWATER SERVICES FACILITIES DISTRICT

12.    ANNOUNCEMENT OF CLOSED SESSION TOPICS

There were no further announcements made.

13.        MAYOR'S/COUNCILMEMBERS' REPORTS 7:10:43 PM

The Mayor and members of the Council made announcements and reported on items of interest to the Council.  No Council action was taken.

Councilmember Martini announced that Ross Liscum had resigned from the Board of Public Utilities with his last meeting to be on the following Thursday.  He announced he would appoint Amy Bolton as Mr. Liscum's replacement on that Board.

Mayor Bender distributed a draft list of committee assignments and requested responses from the Council.  She also requested and received consensus to place a full-page ad in the newspaper recognizing the contributions to the community by the Rotary Club.

 

14.    CITY MANAGER'S/CITY ATTORNEY'S REPORTS

 

The City Manager and City Attorney made announcements and reported on items of interest to the Council.

 

15.    WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)

 

15.1    Memorandum from David E. Gouin, Director of Housing and Redevelopment, regarding Redevelopment Agency Annual Report, fiscal year ending June 30, 2004

 

15.2  Letter from Carl Eric Leivo, City Manager, City of Rohnert Park, requesting information Jurisdictional Intentions regarding Street and Highway Improvements in the Central Sonoma County area 7:32:40 PM

 

City Manager Kolin called this matter to the Council's attention, stating it would be placed on the January 11 Council agenda.

 

15.3    Community Media Center annual financial audit and review of services, from Laurie Cirivello, Executive Director of the Community Media Center of Santa Rosa

 

16.    [IF NEEDED] CONTINUATION OF PUBLIC APPEARANCES

 

17.    ADJOURNMENT OF MEETING

Hearing no further business, Mayor Bender adjourned the meeting at 7:34 p.m.  The next regularly scheduled meeting will take place on December 21, 2004, at a time to be set by the Mayor.

12/14/2004 S