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SANTA ROSA CITY COUNCIL AGENDA AND SUMMARY REPORT
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
JUNE 12, 2012
(CONTINUED ON JUNE 13 AND 14, 2012)

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

1. CALL TO ORDER AND ROLL CALL 

2. ANNOUNCEMENT OF ROLL CALL

3. PROCLAMATIONS/PRESENTATIONS -- NONE 

PUBLIC COMMENTS ON AGENDA ITEMS:  Except for public hearing items, comments from the public will be allowed on all agenda items at the time each item is called. Comments on public hearing items may be made when the hearing is opened.
PUBLIC COMMENTS ON NON-AGENDA ITEMS:  Comments from the public on non-agenda items will be heard under Agenda Item 12. 

4. STAFF BRIEFINGS -- NONE 

This time is reserved for City staff to provide a five-minute briefing to the Council on departmental issues of interest.  No action will be taken on these matters except to possibly place a particular item on a future agenda for Council consideration. 

5. APPROVAL OF MINUTES – February 21, 2012, Joint Special Meeting of the CAB and City Council 

6. MAYOR'S/COUNCILMEMBERS’ REPORTS 

6.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 

6.2 MAYOR /COUNCILMEMBERS’ REPORTS 

6.3 REPORTS BY MAYOR/COUNCILMEMBERS REGARDING VARIOUS AGENCY MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO ITS REPRESENTATIVES ON PENDING ISSUES BEFORE SUCH BOARDS (IF NEEDED) 

• Sonoma County Transportation Authority (SCTA)

• Sonoma County Water Agency (SCWA) – Water Advisory Committee

• Solid Waste Advisory Group (SWAG)

• Association of Bay Area Governments (ABAG)

• Other 

7. CITY MANAGER'S/CITY ATTORNEY’S REPORTS  

8. CONSENT ITEMS 

8.1 MOTION -- CONTRACT AWARD - JANITORIAL SERVICES 

This motion, recommended by the Finance and Recreation Parks & Community Services, authorizes a contract award for janitorial services for various City locations, for a one-year period with up to four years of extension options, to Universal Building Services and Supply Company, Richmond, California, in the amount of $257,976, plus a 5% contingency amount of $12,898.  Funds for this procurement have been budgeted in fiscal year 20012-13 under various Key numbers. 

8.2 RESOLUTION -- APPROPRIATIONS LIMIT 2012/13 FISCAL YEAR 

This resolution, recommended by the Finance Department, adopts the Article XIIIB appropriation limit for the City of Santa Rosa at $202,056,000 for the 2012/13 fiscal year. The appropriations limit does not apply to the entire City budget but only to the appropriation of "proceeds of taxes" in the City's "general government" type funds.  Fiscal year 2012/13 funds subject to this limit approximate $98 million.   It is also recommended that the Council, by the same resolution, approve the use of the inflation and population factors used in the calculation of the limit for the 2012/13 fiscal year. 

8.3 RESOLUTION -- ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 1175 CORBY AVE  

This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $20,797.40 against the property located at 1175 Corby Avenue for violations of the City Code that remain uncorrected by the responsible party, Consuelo Zabala, and authorizes recording of a lien and placing the assessment on the property tax roll for collection. 

8.4 RESOLUTION -- ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 505 OLIVE STREET 

This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $55,888.40 against the property located at 505 Olive Street for violations of the City Code that remain uncorrected by the responsible parties, Juan M. and Josefina O. Suarez, and authorizes recording of a lien and placing the assessment on the property tax roll for collection. 

8.5 RESOLUTION -- ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT 1745 W 3RD STREET  

This resolution, recommended by the Department of Community Development, confirms the special assessment lien in the amount of $34,140.00 against the property located at 1745 West 3rd Street to recover abatement costs after failure by the responsible parties, Jeffrey J. Peters and Gilda Puente, to comply with Superior Court order, and authorizes recording of a lien and placing the assessment on the property tax roll for collection. 

8.6 RESOLUTION -- AMENDMENT TO BENNETT VALLEY MUNICIPAL GOLF COURSE MANAGEMENT AND OPERATIONS AGREEMENT 

This resolution, recommended by the Department of Recreation, Parks & Community Services Department, authorizes the Mayor to sign the First Amendment to the Bennett Valley Municipal Golf Course Management and Operations Agreement with Robert Borowicz and authorizes the Director of Recreation, Parks & Community Services to administer the Amended Agreement. 

8.7 RESOLUTIONS -- GENERAL MUNICIPAL ELECTION – NOVEMBER 6, 2012: CALLING THE ELECTION, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION AND ADOPTING REGULATIONS PERTAINING TO CANDIDATE STATEMENTS  

These two resolutions, recommended by the City Clerk: (1) call the November 6, 2012, General Municipal Election for the election of four Council members and request consolidation of the election with the Statewide General Election; and (2) adopt regulations pertaining to candidate statements. 

8.8 RESOLUTION -- CONTRACT AWARD – FUNCTIONAL ASSESSMENTS FOR ADA PARATRANSIT ELIGIBILITY  

This resolution, recommended by the Transportation and Public Works Department, recommends that Council approves a three year agreement at an amount not to exceed $51,395 annually with two one-year renewal options with Comprehensive Assessments Restorative Evaluation, LLC, to provide functional assessment services for the City, and authorize the Director of Transportation and Public Works to execute the agreement.

(THE COUNCIL MAY RECESS DURING THE EVENING FOR 30 MINUTES FOR A DINNER BREAK) 

9. REPORT ITEMS 

9.1 REPORT -- CHARTER REVIEW COMMITTEE REPORT 

BACKGROUND:  The Charter Review Committee was appointed by the Council on August 8, 2011. The Committee initially convened on September 29, 2011, and met every two weeks through May 10, 2012. The Committee was directed by the City Council to study the following specific issues for possible Charter amendment:

1.  Directly elected Mayor (Section 6)
2.  District or at-large election of Council Members (section 4)
3.  Binding Arbitration (Section 56)
4.  Role of Community Advisory Board (Section 10)
5.  Public Works Bidding Process regarding design-build projects
6.  Pensions (Section 49)
7. Prohibition on Consecutive Terms for successor Mayor if Mayor does not complete term (Section 4).

In addition, the Council directed that the Committee could make additional recommendations as it determined appropriate on other Charter matters that it wished to consider. 

The Committee has completed a report of its recommendations, which includes, in addition to the specific issues assigned by the Council for the Committee's review, updating certain provisions due to changes in state law and the re-ordering of sections relating to the election and seating of new council members and election of the Mayor for clarity and organizational purposes. 

RECOMMENDATION:  It is recommended by the City Attorney's Office that the City Council receive the Charter Review Committee Report, and, by motion, direct staff regarding preparation of amendments to certain sections of the Santa Rosa City Charter for ratification by the electors of the City of Santa Rosa or provide further direction as to any additional information needed for its consideration of the report. 

9.2 REPORT -- SURPLUS PROPERTY AT 0 HEATHERGLEN CIRCLE  

BACKGROUND: The City of Santa Rosa received the property commonly referred to as Assessor's Parcel No. 049-610-038 as a dedication by the Summerfield Heights No. 3 subdivision in 1978. The parcel may have been dedicated to the City for access to adjacent open space. That need has been supplanted by a formal access point and this parcel has remained unused for many years.  The adjacent parcels are owned by the same person who has sought to purchase this small lot if it ever became available as surplus. 

RECOMMENDATION: It is recommended by the Transportation & Public Works Department that the City Council, by resolution, declare the property cited above to be surplus and authorize the sale of the property in accordance with Council Policy 000-10. 

9.3 REPORT -- BENTON STREET CLUBHOUSE ADA IMPROVEMENTS AND LEASE AGREEMENT WITH FRIENDS IN SERVICE HERE  

BACKGROUND: The Benton Street Clubhouse (Facility), located at 1055 Benton Street, includes a 2,400 square foot building on a 0.30 acre parcel. It was originally built in the 1930’s as a Fire Station.  The Recreation, Parks and Community Services department took possession of the facility in 1973 and used it as a small community facility until 1995.  Friends in Service Here (FISH) has occupied the facility since 1995 without a formal lease agreement and uses the Facility for food storage and office space.  

In 2008 the Department of Justice (DOJ) surveyed approximately 40 facilities including the Benton Street Clubhouse for compliance with the Americans with Disabilities Act (ADA) and found deficiencies.  The estimated cost of the ADA improvements for the Facility is $150,000.  Additionally, the Facility has approximately $200,000 worth of deferred maintenance projects for roofing, HVAC, painting, repairs, etc., necessary within the next five years.  Retaining the Facility and performing the required improvements will cost the City approximately $350,000, plus costs associated with design and engineering. 

In 2009, the appraised value of the Facility was $480,000.  Since the appraisal, similar properties have declined in value by as much as 30%.  As a result, the improvement costs may now exceed the property value.  To formalize the occupancy of the Facility by FISH, staff has prepared a Lease Agreement expiring September 30, 2012.  Upon expiration of the initial lease term, it converts to a month-to-month agreement. 

RECOMMENDATION:  The Department of Recreation, Parks and Community Services recommends that the Council, by motion, direct staff not to proceed with the ADA improvements and deferred maintenance to the Benton Street Clubhouse located at 1055 Benton Street and by resolution: (1) approve a lease agreement with Friends in Service Here for the 2,400 square foot building at no cost including water, sewer, electricity, gas or maintenance; and (2) authorize the Mayor to execute the lease agreement and all related documents on behalf of the City of Santa Rosa. 

10. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 

11. [IF NEEDED] – ANNOUNCEMENT OF ADDITIONAL CLOSED SESSION ITEM(S), ADJOURNMENT TO CLOSED SESSION(S), RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS, IF ANY 

12. PUBLIC COMMENTS ON NON-AGENDA MATTERS 

This is the time when any person may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council.  Each speaker is allowed three minutes.  To address the Council you are requested to complete the yellow Speaker’s Card and give it to the City Clerk.  If you are unable to or do not wish to wait for the public comment portion of the agenda, you are encouraged to contact the Council or City Manager directly by emailing your information to CMOffice@srcity.org or by telephoning the Council and City Manager’s Office at 707-543-3010.

5:00 P.M.

13. CITY COUNCIL BUDGET PUBLIC HEARING (CITY COUNCIL CHAMBER) 

13.1 STATEMENTS OF ABSTENTION 

City Attorney Fowler will orally enter into the record all projects and budgets from which various Council members shall be abstaining due to project proximity to property owned or income received by the abstaining Council Member. 

13.2 CITY MANAGER’S COMMENTS ON CITY’S PROPOSED FY 2012/13 BUDGET 

City Manager Kathleen Millison will provide background information on the development of the City of Santa Rosa’s proposed FY 2012/13 budget. 

13.3 COUNCIL CONSIDERATION OF PROPOSED CITY BUDGET FOR FISCAL YEAR (FY) 2012/13 AND ADOPTION OF THE CITY BUDGET FOR THE COMING FISCAL YEAR  

BACKGROUND:  At this public hearing, the City Council will consider the City’s proposed fiscal year 2012/13  budget including the proposed FY 2012/13 Operations and Maintenance Budget and proposed FY 2012/13 Five-Year Capital Improvement Program and will receive and consider budget reports for the City’s operating departments, agencies and offices, including proposals for new and increased fees. At study sessions on May 15, 2012 and May 16, 2012, staff presented department budgets and included additional department information such as current year accomplishments, budget highlights and impacts for the upcoming year, and department progress toward City Council Goals. At this public hearing, staff will present an overview of the City's proposed FY 2012/13 Operations and Maintenance budget, including individual department budgets, and the FY 2012/13 Capital Improvement Program budget. 

RECOMMENDATION: It is recommended by the City Manager and the Finance Department, that the Council, by four (4) resolutions, adopt the City’s FY 2012/13 budget, including the 2012/13 Operations and Maintenance Budget and 2012/13 Five-Year Capital Improvement Program. 

14. ADJOURN (CONTINUE) REGULAR CITY COUNCIL MEETING TO RECONVENE AT 10:00 A.M. ON WEDNESDAY, JUNE 13, 2012 IN THE COUNCIL CHAMBER 

10:00 AM, WEDNESDAY, JUNE 13, 2012, CITY COUNCIL CHAMBER

(NOTE:  THE COUNCIL WILL RECESS FOR LUNCH AT APPROXIMATELY 12:00, NOON, FOR APPROXIMATELY ONE HOUR)

15. CALL TO ORDER OF ADJOURNED REGULAR CITY COUNCIL MEETING AND ROLL CALL 

15.1 PUBLIC HEARING -- BENNETT VALLEY MUNICIPAL GOLF COURSE GREEN FEE INCREASE 

BACKGROUND: Bennett Valley Municipal Golf Course (BVGC) is operated as an enterprise fund generating revenue through greens fees, sales at the pro shop and lease revenue from the adjacent Legends restaurant; making BVGC a self-supporting entity. Difficult economic conditions have reduced the amount of disposable income for many people, decreasing the number of rounds of golf being played. This combined with repayments of the BVGC bond and Park Development Fees used to finance facility improvements, has reduced the golf course reserves much like other City funds that are also experiencing a loss in reserves. Currently the BVGC reserves are below the minimum requirement. The proposed fee increases were presented to and reviewed by the City Council’s Golf Course Sub-Committee on April 5, 2012 which recommended the fee increases. 

RECOMMENDATION:  It is recommended that the City Council adopt a resolution, approving the proposed restructured green fees for the Bennett Valley Municipal Golf Course set forth in the Green Fee Schedule attached as Exhibit C to the Resolution, effective January 1, 2013. 

15.2 REPORT -- PARKING FINE INCREASE 

BACKGROUND: The City is continuing to address an on-going General Fund structural deficit as well as financial and program impacts resulting from the loss of redevelopment funds.  Adoption of a revised Schedule of Parking Fines and Penalties is recommended as an on-going solution to assist in closing the General Fund structural deficit and, to the extent possible, align the City’s parking fines with those of the County of Sonoma and other jurisdictions within the County.  In addition, the proposed schedule establishes fines for violation of Santa Rosa City Code Chapter 11-46, City Parks, adopted by Ordinance 3947 in August 2010. 

RECOMMENDATION: It is recommended by the Finance Department and Department of Economic Development and Housing that the Council, by resolution, adopt the revised Schedule of Parking Fines and Penalties to (1) assist in closing the City’s on-going General Fund structural deficit, (2) align parking fines with the County of Sonoma and other jurisdictions within the County, to the extent possible, and (3) establish parking fines for violation of City Code Chapter 11-46, City Parks. 

15.3 REPORT -- FISCAL YEAR 2012-13 PROJECT WORK ORDER AUTHORIZATION UNDER MASTER AGREEMENTS FOR PROFESSIONAL SERVICES TO ENGINEERING  

BACKGROUND: In November 2011, Council approved Master Agreements to provide professional services to Engineering and authorized staff to execute Project Work Orders with selected consultants not to exceed $4 million and directed staff to review said amount as part of the Capital Improvement Program budget. Based on project workload, a cumulative not to exceed sum of $6 million dollars will ensure an efficient utilization of staff and consultant resources for Fiscal Year 2012-13. 

RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the City Council adopt a resolution authorizing staff to execute Project Work Orders under Master Professional Services Agreements executed in 2011 and 2012 with a cumulative not to exceed sum of $6 million for Fiscal Year 2012-13. 

15.4 REPORT – MEASURE O IMPLEMENTATION PLAN CHANGE ADJUSTMENTS AND APPROVAL OF BUDGET BELOW BASELINE FUNDING LEVELS  

BACKGROUND: On August 3, 2004, the City Council adopted Ordinance 3680 adding Chapter 3-26 to the Santa Rosa City Code, which imposed a special transactions and use tax.  In accordance with Chapter 3-26, the Council adopted a Transaction and Use Tax Implementation Plan which outlines the uses and purposes for which the special tax revenues may be used over time.  The Ordinance specifies that the Plan may only be amended by six affirmative votes of the Council.  In addition, City Code Section 3-26.120(G) specifies that General Fund funding for Police Department, Fire Department, and Gang Prevention and Youth Program purposes and uses may not fall below the funding approved the budget for FY 2004/05, adjusted annually, unless the budgets falling below the Baseline are approved with six affirmative votes of the Council.

The Fire Department is requesting the use of Measure O funds to 1) add a new Fire Captain position; and, 2) contribute toward a CIP project for the design and construction of a fire station in south Santa Rosa.  Both requests will require a change in the Implementation Plan.  Additionally, the Police Department budget proposed for FY 2012/13 will be below Baseline levels.

RECOMMENDATION: It is recommended by the Fire Department and the Finance Department that the Council, by resolution, 1) amend the Transaction and Use Tax Implementation Plan for the Fire Department to add a Fire Captain and $500,000 for the design and construction of a fire station in southeast Santa Rosa; and 2) approve General Fund funding for Police Department purposes and uses at lower levels than those in the approved budget for FY 2004/05, as adjusted annually, pursuant to City Code Section 3-26.120 (G). 

15.5 CONTINUED PUBLIC HEARING -- COUNCIL CONSIDERATION OF PROPOSED CITY BUDGET FOR FISCAL YEAR (FY) 2012/13 AND ADOPTION OF THE CITY BUDGET FOR THE COMING FISCAL YEAR  

BACKGROUND:  At this public hearing, the City Council will consider the City’s proposed fiscal year 2012/13  budget including the proposed FY 2012/13 Operations and Maintenance Budget and proposed FY 2012/13 Five-Year Capital Improvement Program and will receive and consider budget reports for the City’s operating departments, agencies and offices, including proposals for new and increased fees. At study sessions on May 15, 2012 and May 16, 2012, staff presented department budgets and included additional department information such as current year accomplishments, budget highlights and impacts for the upcoming year, and department progress toward City Council Goals. At this public hearing, staff will present an overview of the City's proposed FY 2012/13 Operations and Maintenance budget, including individual department budgets, and the FY 2012/13 Capital Improvement Program budget. 

RECOMMENDATION: It is recommended by the City Manager and the Finance Department, that the Council, by four (4) resolutions, adopt the City’s FY 2012/13 budget, including the 2012/13 Operations and Maintenance Budget and 2012/13 Five-Year Capital Improvement Program. 

16. PUBLIC COMMENTS ON NON-AGENDA MATTERS 

This is the time when any person may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council.  Each speaker is allowed three minutes.  To address the Council you are requested to complete the yellow Speaker’s Card and give it to the City Clerk.  If you are unable to or do not wish to wait for the public comment portion of the agenda, you are encouraged to contact the Council or City Manager directly by emailing your information to CMOffice@srcity.org or by telephoning the Council and City Manager’s Office at 707-543-3010. 

17. ADJOURN (CONTINUE) CITY COUNCIL MEETING TO RECONVENE, IF NEEDED, AT 9:00 A.M. ON THURSDAY, JUNE 14, 2012, IN THE COUNCIL CHAMBER

9:00 AM, THURSDAY, JUNE 14, 2012 CITY COUNCIL CHAMBER

(NOTE:  THE COUNCIL MAY RECESS FOR LUNCH AT APPROXIMATELY 12:00, NOON, FOR APPROXIMATELY ONE HOUR)

18. CALL TO ORDER OF ADJOURNED REGULAR COUNCIL MEETING AND ROLL CALL 

19. CONTINUED PUBLIC HEARING - COUNCIL CONSIDERATION OF PROPOSED FY 2011/12 BUDGET AND ADOPTION OF BUDGET FOR COMING FISCAL YEAR 

20. ADJOURNMENT OF MEETING  

*Did not appear on the preliminary agenda. 
**Quasi-judicial or adjudicative action. 

UPCOMING MEETINGS
(Note: This schedule is tentative and subject to change pending final publication of the City Council Meeting Agenda)

June 19 

Report – Continued Review of Charter Review Committee
    Recommendations
Report – Community Advisory Board Resolution
Report -- Surplus Property at 1055 Benton Street
Report -- Re-Enter Into Loans And Agreements With The City Of Santa
    Rosa (City Council Acting In Its Capacity as Successor Agency to
    the Redevelopment Agency Of The City Of Santa Rosa)
 Public Hearing – Grocery Store Policy and Zoning Update
Public Hearing – Bodean Asphalt Appeal

June 26 

Report – Continued Review of Charter Review Committee
     Recommendations
Report – CHOICE Cycle 6 Grant Program Funding Recommendations
Report – Grant Policy
Report – Fountaingrove Drainage Basin Easement
 Public Hearing - TEFRA Public Hearing – Tax Exempt Multifamily
    Housing Revenue Bonds – Sonoma Creekside Apartments (74 Boas
    Drive)
Public Hearing - TEFRA Public Hearing – Tax Exempt Multifamily
    Housing Revenue Bonds – North Village II (2406 Fulton Road)
Public Hearing – TEFRA Public Hearing – Tax Exempt Multifamily
    Housing Revenue Bonds – Bethlehem Towers (801 Tupper Street)

July 3   No Meeting

July 10  No Meeting

July 17  

July 24 

Study Session – Community Choice Aggregation (CCA) Program
      Update
Report – Calling Election for City Measures and Requesting
       Consolidation; Determination of Ballot Order for City Measures; and
       Determination Re Rebuttal Arguments

July 31 

Report - Authorize Issuance Of Tax Exempt Multifamily Housing
    Revenue Bonds – Humboldt Apartments (499 Humboldt Street)
Public Hearing – North Santa Rosa Station Area Specific Plan

August 7 

Study Session – Update on the Community Corrections Partnership Realignment Budget for Fiscal Year 2012/2013

August 14 

Study Session – Short Range Transit Plan (SRTP)

August 21 No Meeting

August 28 No Meeting

September 11 

Public Hearing – Short Range Transit Plan (SRTP)

PENDING:

Study Session – Update on Community Policing
Study Session – Sonoma County Waste Management Agency Joint
    Powers Authority
Report – Policy for Shared Services
Report – Southeast Greenway Concept Plan Update and Letter To
    Caltrans
Report – 4th Quarter Council Goals Update
Public Hearing – Ordinance Introduction – Fire Flow Requirements and
    Modification

MEETINGS FOR THE WEEKS OF JUNE 11 AND JUNE 18, 2012

June 11 -  Housing Authority, 1:30 p.m., City Hall – Council Chamber, 100 Santa Rosa Avenue

June 14-  Subregional Technical Advisory Committee, 1:30 p.m., Laguna Treatment Plant, 4300 Llano Road

June 14 -  Planning Commission, 4:00 p.m., City Hall – Council Chamber, 100 Santa Rosa Avenue

June 19 -  Personnel Board, 1:00 p.m. City Hall – Room 1, 100 Santa Rosa Avenue

June 21 -  Zoning Administrative Hearing, 10:30 a.m., City Hall – Room 7, 100 Santa Rosa Avenue

June 21 - Board of Public Utilities, 1:30 p.m., City Hall – Council Chamber, 100 Santa Rosa Avenue

June 21 -  Bicycle & Pedestrian Advisory Board, 4:00 p.m., City Hall Annex – Room 7 A/B, 90 Santa Rosa Avenue


Accessibility Information  The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to, or treatment of or employment in, its programs or activities.  Disability-related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in public meetings are available by contacting the City Clerk’s Office at 543-3015 one week prior to the meeting.  TDD 543-3063
Meeting information can also be accessed via the internet at http://srcity.org.