CC - Minutes - 2013-12-10SANTA ROSA CITY COUNCIL MINUTES
REGULAR MEETING
CITY HALL, 100 SANTA ROSA AVENUE
DECEMBER 10, 2013
1. CALL TO ORDER AND ROLL CALL
Mayor Bartley called the regular meeting to order at 1:00 p.m. in the Mayor's Conference
Room. Council Members present: Mayor Bartley; Vice Mayor Swinth, Council Members
Combs, Olivares, Ours, and Wysocky. Council Member Carlstrom arrived at 1:07 p.m. and
left the closed session at 1:50 p.m.
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Fowler announced the Council will meet in Closed Session regarding the
Closed Session items as listed on the agenda.
There were no public comments made regarding the closed sessions.
Mayor Bartley recessed the meeting to closed session at 1:00 p.m. to discuss the following
matters as listed on the agenda.
2.1 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Fran Elm, Human Resources Director, Chris Sliz,
Employee Relations Manager, and Carol Stevens of Burke, Williams & Sorensen, LLP,
Employee Organizations: Santa Rosa Firefighters Association Local 1401 (representing
City Employee Unit 2); Operating Engineers Local 3, Maintenance and Utility System
Operators (Employee Units 3 and 16); Santa Rosa City Employees Association (Employee
Units 4, 6, 7); Santa Rosa Police Officers Association, (Employee Unit 5); Service
Employees International Union Local 1021, (Employee Units 8 and 14); Public Safety
Management Association (Employee Unit 9); Santa Rosa City Attorneys' Association
(Employee Unit 17), Santa Rosa Management Association (Employee Unit 18).
2.2 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Kathleen Millison, City Manager and Jennifer Phillips,
Assistant City Manager. Unrepresented Executive Management, Middle Management, and
Confidential Employees (Employee Units 10, 11 and 12).
2.3 ) CONFERENCE WITH LEGAL COUNCIL ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (d)(4) of Government Code Section 54956.9:
one potential case.
Mayor Bartley recessed the closed sessions at 2:00 p.m. and reconvened the meeting to open
session in the Council Chamber at 2:03 p.m. All Council Members were present except Council
Member Carlstrom, who was seated at 2:41 p.m.
3. STUDY SESSION
3.1 FALL FINANCIAL UPDATE
This study session will provide an update on the current and projected status of General
Fund finances beginning with a discussion of preliminary General Fund year end closing
results for Fiscal Year (FY) 2012/13. First quarter activity for the current FY 2013/14, along
with updated projections for the remainder of the year will be presented. An economic
outlook will be provided that discusses current and projected trends that will affect this fiscal
year and beyond.
During the presentation, General Fund revenues will be reviewed and an updated forecast
will be provided. The Five Year Forecast, incorporating updated revenue, expenditure and
reserve projections, will be presented for FY 2013/14 through FY 2017/18
Presenters: Lawrence Chiu, Chief Financial Officer, and Jean Gill, Budget and Financial
Analysis Manager
PUBLIC COMMENT
Duane DeWitt suggested the City increase its revenues by applying a one cent charge per
gallon to the recycled water provided to the Geysers.
No action was taken by the Council.
12 AFFORDABLE HOUSING AND EMERGENCY SHELTER BEDS
Staff will conduct a brief presentation to review: 1) the existing inventory of shelter beds,
homeless services and affordable housing; 2) outline the need to restore local funding
resources for affordable housing; and, 3) funding options for the City Council to consider
during the budget deliberation process. City staff, affordable housing developers, and
homeless service providers will be available to assist the discussion.
Presenters: Dave Gouin, Director of Economic Development and Housing, Nancy
Gornowicz, Economic Development and Housing Manager, Jenny Abramson, Coordinator,
Sonoma County Continuum of Care, and Jenni Lynn Holmes, Program Manager of Shelter
and Housing Operations, Catholic Charities
PUBLIC COMMENT
Gerry LaLonde -Berg submitted written comments to the Council and recommended the City
permit camping and overnight parking in designated places and requested law enforcement
ensure that the homeless not lose their belongings.
Erika Klohe spoke in support of service providers and encouraged short and long term
solutions to homelessness.
Carolyn Epple requested information regarding affordable housing needs broken down by
low income, very low income, and extremely low income and spoke regarding the armory's
availability at $438 per night for staffing, Denver's practices before homeless sweeps, the
number of homeless who have died in Sonoma County, and changing the percentage of
housing that goes to the homeless in the housing element.
Attila Nagy spoke regarding the tombstones placed throughout the Chamber, read a
declaration of independence for the homeless and suggested applying funding toward
housing instead of the golf course during the budget process.
Lilnda R. Picton spoke regarding peer tutoring programs for literacy issues, the lack of
increases for people receiving entitlements, and the ability for public agency retirees to
collect another pension.
Adam Kirshenbaum read from the Homeless Bill of Rights a definition of homelessness and
spoke regarding the rights of those who are homeless and other options for temporary
housing
Duane DeWitt spoke regarding the Housing Authority's provision of funding for affordable
housing and recommended the Council direct staff to conserve, protect and restore the
City's existing housing stock as affordable housing for veterans.
David Grabill, Housing Advocacy Group, spoke regarding the homeless crisis and the lack
of shelter beds for youth; encouraged the Council to expedite the SAY project, establish
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City Council Regular Meeting .Minutes
additional shelter beds during the winter months, increase the percentage of redevelopment
boomerang money for affordable housing to at least 30 %, and endorse and support SB 391.
Chuck Cornell, Executive Director of Burbank Housing, spoke regarding issues that caused
affordable housing projects to stall, the need for local financing for affordable housing, and
in support of SB 391.
Ellen Zebrowski spoke in support of the creation of more permanent housing and regarding
the gap between available housing and the numbers of people who need housing, the need
to include solutions such as a safe parking program and open land for temporary camping,
and the criminalization of the homeless.
Adrienne Laubv suggested the Council direct staff to survey unused and underutilized
buildings in the county that can be used for the homeless, encourage churches and
businesses to assist, and ask Santa Rosa Recycling and Collection to donate portable
toilets.
Joe Dietson, Task Force for the Homeless and Sonoma County Consortium, agreed with
comments made by Chuck Cornell and spoke regarding the need for affordable housing and
concerns about homeless youth.
Peter Tscherneff spoke regarding various topics.
No action was taken by the Council.
Mayor Bartley recessed the meeting at 4:19 p.m. and reconvened the meeting at 4:28p.m:
4:00 P.M. (CITY COUNCIL CHAMBER)
4. ANNOUNCEMENT OF ROLL CALL
City Clerk Griffin announced all Council Members were present. Teen Council Member
Taylor Wang was also present until 5:00 p.m.
6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS
City Attorney Fowler reported that the Council met in Closed Session with its labor
negotiators regarding Items 2.1 and 2.2 and there were no actions to report. City Attorney
Fowler further announced that the Council met in closed session with its legal counsel
regarding one anticipated litigation matter and voted 6 -0 -1 (Council Member Carlstrom
absent) to file a petition for review with the State Water Resources Control Board to review
the Regional Water Quality Control Board's NPDES Permit and to not hold that in abeyance.
City Manager Millison reported on the study sessions regarding Fall Financial Update and
Affordable Housing and Emergency Shelter Beds.
Due to a disruption by protesters in the Council Chamber, the Mayor recessed the meeting at 4:34
p.m. and reconvened the meeting at 5:02 p.m. All Council Members were present.
The Mayor announced that Public Hearing Item 13.1, Adoption of Fees, has been continued to
January 7, 2014.
6. PROCLAMATIONS /PRESENTATIONS
6.1 PROCLAMATION POLICE CHIEF SCHWEDHELM RETIREMENT
Council Member Olivares presented the proclamation to Police Chief Thomas E.
Schwedhelm.
PUBLIC COMMENT
Colleen Fernald expressed concerns regarding the Police Department and the death of her
daughter Charlotte Molinari.
Page 3 December 10, 2013
City Council Regular Meeting Minutes
6.2 PROCLAMATION FIRE CHIEF McCORMICK RETIREMENT
Council Member Ours presented the proclamation to Fire Chief Mark McCormick.
6.3 PROCLAMATION DRIVE SOBER MONTH
Vice Mayor Swinth presented the proclamation to Vince Harper, Senior Program Manager,
Sonoma County Community Action Partnership. Mr. Harper introduced DIG leaders in
attendance: Yvette Guzman, Yuni Mendoza, Mario Aguilar, Maria Lopez, Itzel Martinez, and
Deisy Vargas.
6.4 PRESENTATION RESPONSIBLE ALCOHOL MERCHANT AWARDS
This item was not heard and will be placed on a future agenda.
MOVED by Vice Mayor Swinth, seconded by Council Member Olivares, and CARRIED 6 -1 (Council
Member Wysocky voting no) to consider the Consent Items and Report Items 12.4, 12.5 and 12.6 at
this time.
Council Member Carlstrom left the Chamber at 5:28 p.m.to view the meeting from the Mayor's
Conference Room.
11. CONSENT ITEMS
Council Member Wysocky pulled Consent Item 11.7 for discussion
PUBLIC COMMENT
Jack Osborne spoke regarding Consent Items 11 .1, 11.3, 11.5, 11.6, and 11.8.
MOVED by Vice Mayor Swinth, seconded by Council Member Olivares, and CARRIED 6 -0-
1 (Council Member Carlstrom absent) to waive reading of the text and adopt Consent Items
11.1 through 11.6, 11.8 and 11.9 as follows:
11.1 MOTION— PACIFIC GAS AND ELECTRIC COMPANY APPLICATION FOR SERVICE
PERMANENT ELECTRICAL POWER TO WATER RESERVOIR R 11
MOTION TO DELEGATE AUTHORITY TO THE DIRECTOR OF UTILITIES TO SUBMIT AN
APPLICATION TO PACIFIC-GAS AND ELECTRIC COMPANY TO PROVIDE ELECTRICAL
POWER TO EXISTING WATER RESERVOIR R 11.
11.2 MOTION — PACIFIC GAS AND ELECTRIC COMPANY SERVICE POINT AGREEMENT
SAFE ROUTES TO SCHOOL COLLEGE AVENUE AND GLENN STREET
MOTION TO APPROVE THE TRAFFIC CONTROLLER SERVICE POINT AGREEMENT
FOR $6,810.20 AND AUTHORIZE THE DIRECTOR OF THE TRANSPORTATION AND
PUBLIC WORKS DEPARTMENT TO EXECUTE THE AGREEMENT CONTRACT ID:
1153166: COLLEGE AVENUE.
11.3 MOTION — CONTRACT AWARD — SANTA ROSA AVE WIDENING YOLANDA AVE TO
KAWANA SPRINGS ROAD
MOTION TO AWARD CONSTRUCTION CONTRACT NO. C00655, SANTA ROSA AVE
WIDENING YOLANDA AVE TO KAWANA SPRINGS ROAD IN THE TOTAL AMOUNT OF
$ 6,148,524.57 TO THE LOWEST RESPONSIBLE BIDDER, GHILOTTI BROS /
TERRACON JV OF SAN RAFAEL AND SANTA ROSA, RESPECTIVELY.
11.4 RESOLUTION — SPEED LIMITS ON MONTGOMERY DRIVE AND RUSSELL AVENUE
RESOLUTION NO. 28387 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY
OF SANTA ROSA ESTABLISHING SPEED LIMITS ON MONTGOMERY DRIVE AND
RUSSELL AVENUE
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City Council Regular Meeting Minutes
11.5 RESOLUTION —ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT
2512 WEST STEELE LANE
RESOLUTION NO. 28388 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA CONFIRMING THE AMOUNT OF A SPECIAL ASSESSMENT,
CONFIRMING AND ORDERING THE RECOVERY OF PENALTIES AND COSTS
ASSESSED AND IMPOSED BY THE ADMINISTRATIVE HEARING OFFICER FOR
VIOLATIONS OF CITY CODE PROVISIONS OCCURING ON THE PROPERTY AT 2512
WEST STEELE LANE, SANTA ROSA, A.P.N. 015 -563 -004, AND ORDERING THE
ASSESSMENT BE COLLECTED ON THE TAX ROLL BY THE SONOMA COUNTY TAX
COLLECTOR
11.6 RESOLUTION — ASSESSMENT LIEN AGAINST THE REAL PROPERTY LOCATED AT
2508 MONTGOMERY DRIVE
RESOLUTION NO. 28389 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA CONFIRMING THE AMOUNT OF A SPECIAL ASSESSMENT,
CONFIRMING AND ORDERING THE RECOVERY OF PENALTIES AND COSTS
ASSESSED AND IMPOSED BY THE ADMINISTRATIVE HEARING OFFICER FOR
VIOLATIONS OF CITY CODE PROVISIONS OCCURING ON THE PROPERTY AT 2508
MONTGOMERY DRIVE, SANTA ROSA, A.P.N. 013- 051 -002, AND ORDERING THE
ASSESSMENT BE COLLECTED ON THE TAX ROLL BY THE SONOMA COUNTY TAX
COLLECTOR
11.8 RESOLUTION BICENTENNIAL MARKETPLACE RESOLUTION CORRECTION
RESOLUTION NO. 28390 ENTITELD: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA APPROVING A GENERAL PLAN AMENDMENT FROM OFFICE AND VERY
LOW DENSITY RESIDENTIAL TO RETAIL AND BUSINESS SERVICES FOR
BICENTENNIAL MARKETPLACE LOCATED AT 3366, 3380 MENDOCINO AVENUE AND
ASSORTED PARCELS (APN(S): 173 - 050 - 004/005/006/007 /008/010/011) AND
APPROXIMATELY 15,000 SQUARE FEET OF 3340 MENDOCINO AVENUE (APN: 173-
050 -009) - FILE NUMBER MJP10 -003
11.9 ORDINANCE INTRODUCTION — BICENTENNIAL MARKETPLACE ORDINANCE
CORRECTION — ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA
AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE RECLASSIFICATION OF
BICENTENNIAL MARKETPLACE LOCATED AT 3366, 3380 MENDOCINO AVENUE
AND ASSORTED PARCELS (APN(S): 173-050-0041005/006/007/00810101011)
AND APPROXIMATELY 15,000 SQUARE FEET OF 3340 MENDOCINO AVENUE (APN:
173- 050 -009) TO THE CG (GENERAL COMMERCIAL) DISTRICT — FILE NUMBER
MJP10 -003
ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE RECLASSIFICATION
OF BICENTENNIAL MARKETPLACE LOCATED AT 3366, 3380 MENDOCINO AVENUE
AND ASSORTED PARCELS (APN(S): 173- 050 -004 / 005 / 006 / 007 / 008 / 010 / 011)
AND APPROXIMATELY 15,000 SQUARE FEET OF 3340 MENDOCINO AVENUE (APN:
173 - 050 -009) TO THE CG (GENERAL COMMERCIAL) DISTRICT — FILE NUMBER
MJP10 -003
ITEM PULLED FOR DISCUSSION
11.7 RESOLUTION CONTRACT BURKE, WILLIAMS, & SORENSEN FOR LEGAL
SERVICES
Due to the omission of the agreement exhibits in the agenda packet, this item Was continued
to the January 7, 2014, regular meeting.
Page 5 December 10, 2013
City Council Regular Meeting Minutes
ITEM PULLED FOR SEPARATE VOTE
11.10 RESOLUTION -GRANTING PASEO VISTA UTILITY CERTIFICATE APPEAL
MOVED by Council Member Olivares and seconded by Council Member Ours to waive
reading of the text and adopt Consent Item 11.10 as follows:
RESOLUTION NO. 28391 ENTITEED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA UPHOLDING THE APPEAL AND DIRECTING THE COMMUNITY
DEVELOPMENT DEPARTMENT TO APPROVE A UTILITY CERTIFICATE FOR WATER
SERVICE FOR THE PASEO VISTA RESIDENTIAL PROJECT WITH A WAIVER OF THE
LANDSCAPE PLANTER STRIP REQUIREMENT FOR ALL OF THE PUBLIC STREETS
FOR THE PROJECT LOCATED AT 1960, 2000, AND 2290 DUTTON AVENUE, SANTA
ROSA; ASSESSOR'S PARCEL NOS. 125 - 501 -015, 125 - 501 -007, 043 - 041 -001, AND 043-
041 -046
Council Member Carlstrom returned to the dais at 5:40 p.m. The motion CARRIED 4 -3
(Mayor Bartley, Vice Mayor Swinth, and Council Member Combs voting no).
Council Member Carlstrom left the Chamber at 5:42 p.m. to view the meeting from the Mayor's
Conference room.
MOVED by Council Member Wysocky, seconded by Vice Mayor Swinth, and CARRIED 6 -0 -1
(Council Member Carlstrom absent) to add Item 12.6 to the agenda as it did not appear on the
preliminary agenda and there is a need to take action prior to the next regular Council meeting.
12.6* REPORT — ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) IN THE AMOUNT OF $853,356 FOR
THE HIRING OF (3) FTE FIREFIGHTER POSITIONS FOR THE TWO YEAR GRANT
PERFORMANCE PERIOD AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT
THESE CHANGES
BACKGROUND: The Fire Department was awarded a FEMA SAFER grant in the amount of
$853,356 to hire (3) FTE firefighters for a two year period. These positions would staff a
fourth person on the outlying Calistoga Road Station 6 to improve initial interior fire attack
times to save lives and reduce property damage. This item seeks Council approval to
accept the FEMA safer grant and add (3) FTE firefighter positions to the Fire Budget for the
2 year grant performance period.
RECOMMENDATION: It is recommended by the Fire Department that the Council, by
resolution, authorize the acceptance of FEMA funds, authorize the addition of (3) FTE
firefighter positions, authorize the City Manager to execute documents on behalf of the City
and authorize the Chief Financial Officer to appropriate FEMA 2013 SAFER Grant funds in
the amount of $853,356 into JL Key 05089, entitled FEMA 2013 SAFER Grant. The
revenue account for deposit is 001100-4411.
Presenter: Tony Gossner, Deputy Fire Chief
MOVED by Council Member Ours, seconded by Council Member Olivares, and CARRIED
6 -0 -1 (Council Member Carlstrom absent) to waive reading of the text and adopt:
RESOLUTION NO. 28392 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA ACCEPTING AND APPROPRIATING FUNDS FROM THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA), ADD (3) FTE FIREFIGHTER
POSITIONS FOR THE TWO YEAR GRANT PERFORMANCE PERIOD AND
AUTHORIZING THE CITY MANAGER TO IMPLEMENT THESE CHANGES
Council Member Carlstrom returned to the dais at 5:50 p.m.
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City Council Regular Meeting Minutes
12.4 REPORT — AUTHORIZATION TO ENTER INTO A PRIVATE PLACEMENT LEASE
FINANCING RELATED TO THE RELOCATION AND NEW CONSTRUCTION OF FIRE
STATION 5
BACKGROUND: This agenda item is to seek Council authorization by Resolution, (1)
approve documents relating to the financing of construction for Fire Station 5 at 2201
Newgate Court in an amount not to exceed $3,600,000, and (2) approve and authorize the
execution of related documents by the City Manager, Chief Financial Officer or their
respective delegates and actions with respect thereto.
Based on a study conducted by FireScope Inc. in 2002 and the Santa Rosa General Plan
2035, it has been determined that the relocation of Fire Station at Parker Hill Road to a new
location near Fountaingrove Parkway to better serve the community.
The City received bids on the construction of Fire Station 5 at 2201 Newgate Court on
October 15, 2013. The lowest bid was $3,117,000.
Added to this amount are other costs associated with the construction, such as inspections
and contingency in the amount of $790,765, for a total project cost of approximately
$3,907,765.
The Fire Department has identified $4,350,000 in available funding should addition funds be
needed. Funding for the Fire Station consists of $750,000 from other Fire Station projects
and up to $3,600,000 will be financed through private placement lease financing. Unspent
funds will be returned to Measure O Fire Department fund balance.
BBVA Compass Bank, headquartered in Alabama, was selected to be the lender on the
proposed Fire Station financing. Jones Hall is the City's bond counsel, and the Public
Property Financing Corporation of California will be the counterparty on the Site Lease and
Lease Agreement.
The financing will be structured as a lease /leaseback with the Public Property Financing
Corporation of California, repayable through lease payments funded by Measure O.
Based on the current market conditions, the projected interest rate would be 2.43 %. The
one time costs of issuance are estimated at $85,000. The annual debt services payment is
projected not to exceed $350,000 between Fiscal Years 2013/14 and 2023/24; and
$265,000 in Fiscal Year 2024/25. The Fire Station is scheduled to be fully repaid by June
2025 in concert with the sunset of Measure O in March 2025.
A detailed explanation of the proposed financing will be provided by staff, bond counsel, and
the financial advisor.
RECOMMENDATION: It is recommended by the Fire and Finance Departments that the
Council, by Resolution, (1) approve documents relating to the financing of Fire Station 5 at
2201 Newgate Court in an amount not to exceed $3,600,000, and (2) approve and authorize
the execution of related documents by the City Manager, Chief Financial Officer or their
respective delegates and actions with respect thereto.
Presenters: Lawrence Chiu, Chief Financial Officer, Bill Madison, Jones Hall, and Sarah
Hollenbeck, PFM
Council Member Olivares left the Chamber at 6 :00 p.m.
MOVED by Council Member Carlstrom, seconded by Vice Mayor Swinth, and CARRIED 6-
0-1 (Council Member Olivares absent) to waive reading of the text and adopt:
RESOLUTION NO. 28393 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ROSA APPROVING CERTAIN LEASE FINANCING DOCUMENTS
RELATING TO THE FINANCING OF A NEW FIRE STATION, AND AUTHORIZING AND
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City Council Regular Meeting Minutes
DIRECTING ACTIONS WITH RESPECT THERETO
Council Member Olivares returned to the dais at 6:04 p.m.
12.5 REPORT — CONTRACT AWARD — FIRE STATION 5 — RELOCATION AND NEW
CONSTRUCTION
BACKGROUND: In 2002 a Fire Station Location and. Deployment study was conducted by
Firescope Inc. identifying the need for a Fountaingrove area Fire Station to improve
response times in the northeast Santa Rosa area. In 2004 a Sonoma County Grand Jury
Report specified that the City of Santa Rosa must promptly establish a time table for the
relocation of Fire Station 5 from its current location at 3480 Parker Hill Road to the
Fountaingrove area. Subsequent studies identified the most suitable location to be an
undeveloped parcel at 2201 Newgate Court in Fountaingrove.
The Fire Station 5 project was advertised on September 16, 2013, and bids were received
on October 15, 2013. A total of 10 bids were received, ranging from $3,117,000.00 to
$3,646,000.00. Construction is anticipated to begin approximately January 2014. The length
of the contract is 230 working days.
RECOMMENDATION: It is recommended by the Fire Department and the Transportation
and Public Works Department that Council, by motion, award construction contract no.
C01174, Fire Station 5 2201. Newgate Court in the total amount of $ 3,117,000.00 to the
lowest responsible bidder, GCCI, Inc. of Santa Rosa, CA, and establish a total contract
amount of $ 3,428,700.00 (the original contract amount plus a 10% contingency). Funding
for this project will be provided by Private Placement Lease Financing, Measure O Funds
and existing funds. These funds will be appropriated to Account No. 05060 New Fire Station
Fountaingrove Parkway.
Presenter: David Vandeveer, Associate Civil Engineer
MOVED by Council Member Combs, seconded by Council Member Ours, and CARRIED
unanimously to award construction contract no, 001174, Fire Station 5 — 2201 Newgate
Court in the total amount of $ 3,117,000.00 to the lowest responsible bidder, GCCI, Inc. of
Santa Rosa, CA, and establish a total contract amount of $ 3,428,700.00 (the original
contract amount plus a 10 % contingency).
7. STAFF BRIEFINGS — NONE.
8. APPROVAL OF MINUTES — NONE.
9. MAYOR'S /COUNCILMEMBERS' REPORTS
9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS
No statements of abstention were made.
9.2 MAYOR /COUNCILMEMBERS' REPORTS
Vice Mayor Swinth read a statement regarding the Council's Code of Conduct. The Mayor
and members of the Council made comments, announcements and reports of interest to the
Council.
MOVED by Council Member Wysocky, seconded by Council Member Combs, and
CARRIED unanimously to add an item to the agenda to discuss the use of the National
Guard Armory as a homeless shelter prior to the Council's first meeting in January due to
the current exceedingly cold temperatures and their impact on public health and safety.
MOVED by Council Member Wysocky, seconded by Council Member Combs, and
CARRIED unanimously to authorize the City Manager to make emergency expenditures if
Page 8 December 10, 2013
City Council Regular Meeting Minutes
there is a cost to open the Armory and return with an agenda item in January for further
action if needed and to authorize the Mayor in conjunction with Board of Supervisors Chair
Rabbitt to immediately discuss efforts to open the Armory with the Governor directly and
through elected representatives in Sacramento.
PUBLIC COMMENT
Alex Mallonee spoke in support of Council consideration of a resolution supporting six days
of postal service.
9.3 REPORTS BY MAYOR/COUNCILMEMBERS REGARDING VARIOUS AGENCY
MEETINGS ATTENDED AND POSSIBLE COUNCIL DIRECTION TO ITS
REPRESENTATIVES ON PENDING ISSUES BEFORE SUCH BOARDS (IF NEEDED)
a) Sonoma County Transportation Authority /Regional Climate Protection (SCTA/RCPA) —
Council Members Carlstrom and Combs provided reports.
b) Sonoma County Water Agency (SCWA) —Water Advisory Committee —None.
c) Association of Bay Area Governments (ABAG) — None.
d) Sonoma County Agricultural Preservation and Open Space District Advisory — None.
e) Sonoma Clean Power Authority (SCPA) — None.
10. CITY MANAGER'S /CITY ATTORNEY'S REPORTS
None.
12. REPORT ITEMS
12.1 REPORT — ADOPTION OF HOUSING IMPACT FEE AND AMENDMENT TO THE CITY
CODE CHAPTER 2102 (HOUSING ALLOCATION PLAN) REGARDING TIMING OF FEE
PAYMENT
BACKGROUND: On September 24, 2013, the City Council held a public hearing in
consideration of revised housing impact fees for rental and for sale housing units and
revision to the city code to change the timing of payment of the fee for for sale units to the
close of escrow. The Council requested more information about the impact of the fee on
smaller units and how a future fee might be revenue neutral. Based on an analysis of fee
Options, the fee for for sale units is proposed to be 2.5% of unit sales price, and the fee for
rental units is proposed to remain based on unit square footage, with no change except for
charging the fee for units less than 910 square feet.
RECOMMENDATION: It is recommended by the Departments of Community Development
and Economic Development and Housing that the City Council introduce an ordinance
amending City Code Chapter 21 -02 (Housing Allocation Plan) and adopt a resolution
revising housing impact fees for for -sale units and adding rental units less than 910 square
feet or less to the existing fee schedule.
Presenters: Lisa Kranz, Supervising Planner, and Darrin Smith, Economic and Planning
Systems
PUBLIC COMMENT
Curt Nichols, representing the Construction Coalition and Sonoma County Alliance, spoke in
support of alternative 3 and the predictability of the fee based on unit size, expressed
concerns regarding basing the fee on the sales price of the home and charging fees on top
of fees, and spoke in support of the staff recommendation regarding rental unit fees except
for the fees on smaller units.
Daniel Sanchez, North Bay Association of Realtors, expressed concerns regarding 2.5% fee
Page 9 December 10, 2013
City Council Regular Meeting Minutes
at close of escrow being a fee charged on top of other fees, the possibility that the fee might
be passed on to consumers, and concerns that the fee might be regressive by making
affordable housing more expensive and asked Council to consider increasing the real estate
transfer tax for affordable housing.
James Bennett spoke regarding taxation without representation, questioned whether the fee
would result in affordable housing, and spoke in support of the free market.
MOVED by Council Member Ours, seconded by Council Member Olivares, and CARRIED
6 -1 (Council Member Wysocky voting no) to waive reading of the text and introduce by
reading the title:
ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
ROSA AMENDING CITY CODE CHAPTER 21 -02 (HOUSING ALLOCATION PLAN)
MOVED by Council Member Ours, seconded by Council Member Olivares, and CARRIED
unanimously to waive reading of the text and adopt:
RESOLUTION NO. 28394 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA REVISING THE HOUSING IMPACT FEE AS PROVIDED IN CHAPTER 21-
02 OF THE SANTA ROSA CITY CODE — FILE NUMBER ST 12 -007
Mayor Bartley recessed the meeting at 7:34 p.m. and reconvened the meeting at 7:48 p.m. All
Council Member were present except Council member Carlstrom, who viewed the meeting from the
Mayor's Conference Room.
Mayor Bartley reordered the agenda to consider Item 13.2 at this time.
13.2 PUBLIC HEARING — REZONING OF 2150 WEST COLLEGE AVENUE
BACKGROUND: On October 24, 2013, the Planning Commission held a public hearing and
Adopted a resolution (5 0 2) recommending rezoning of a 7.46 acre site located at 2150
West College Avenue. The rezoning would change the zoning of the site from PD (Planned
Development) to R 3 30 (Multi Family Residential), consistent with the site's General Plan
land use designation of Medium High Density Residential. The rezoning was initiated by the
Planning Commission on September 12, 2013 to bring the site's zoning into consistency
with the General Plan.
RECOMMENDATION: It is recommended by the Planning Commission and the Department
of Community Development that the Council introduce an ordinance rezoning 2150 West
College Avenue to the R 3 30 Multi Family Residential zoning district.
Presenter: Erin Morris, Senior Planner
PUBLIC HEARING
Mayor Bartley opened the public hearing at 7:52 p.m. Seeing no one wishing to speak,
Mayor Bartley closed the public hearing at 7:52 p.m.
MOVED by Council Member Olivares, seconded by Vice Mayor Swinth, and CARRIED 6 -0-
1 (Council Member Ca.rlstrom absent) to waive reading of the text and introduce by reading
the title:
ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE — RECLASSIFICATION
OF PROPERTY LOCATED AT 2150 WEST COLLEGE AVENUE TO THE R -3 -30 MULTI-
FAMILY RESIDENTIAL ZONING DISTRICT — FILE NUMBER REZ13 -006
Council Member Carlstrom returned to the dais at 7:55 p.m.
Page 10 December 10, 2013
City Council Regular Meeting Minutes
12.2 REPORT — FY 2012/13 MEASURE O ANNUAL REPORT
BACKGROUND: Ordinance No. 3680 added Chapter 3 26 to the Santa Rosa City Code
establishing a special transactions and use tax. The special tax measure, known as
Measure O, increased sales tax by a quarter cent to fund specific Police, Fire, and Gang
Prevention /Intervention programs, as set forth in the Ordinance.
In accordance with the Ordinance, a Citizen Oversight Committee was established, with
members appointed by the City Council, to ensure the proper use of the Measure O funds.
Each year, an Annual Report is prepared by City staff, reviewed by the Citizen Oversight
Committee and presented to the City Council reporting on expenditures and activities during
the past fiscal year.
RECOMMENDATION: It is recommended by the Finance; Police, Fire, and Recreation and
Parks Departments, the City Manager's Office and the Measure O Citizen Oversight
Committee, that the Council, by motion, formally accept the Measure O Annual Report for
FY 2012/13.
Presenters: Michelle Comerford, Administrative Services Officer, Craig Schwarz, Police
Captain, Tony Gossner, Deputy Fire Chief, Serena Lienau, Administrative Analyst, Kelly
Magnuson, Deputy Director of Recreation, and Jane Bender, Chair of the Measure O
Oversight Committee
MOVED by Council Member Ours, seconded by Council Member Olivares, and CARRIED
unanimously to formally accept the Measure O Annual Report for FY 2012/13.
12.3 REPORT — AMENDMENT TO MEASURE O IMPLEMENTATION PLAN, FIRE STATION 5
RELOCATION, AND GANG PREVENTION AND RELATED BUDGET APPROPRIATIONS
BACKGROUND: In accordance with Chapter 3 26, the Council adopted a Transaction and
Use Tax Implementation Plan (Measure O) on September 21, 2004, by Resolution No.
26069, which outlines the uses and purposes for which the special tax revenues may be
used over time. This agenda item is to seek Council approval to amend the Measure O
Implementation Plan to allow the Fire Department to transfer funds in the amount of
$600,000 from two Measure O funded CIP project accounts into a third Measure O funded
CIP project account to be used towards the construction costs of the new location of Fire
Station 5. This agenda item also seeks approval for Gang Prevention /Intervention to use
Measure O funds for one time expenditures to include a limited term 1.0 FTE Senior
Administrative Assistant, to fund $125,000 for the Mayors Gang Prevention Task Force
Strategic Plan Implementation and $250,000 for the Responsive Grant Program.
The Ordinance specifies that the Plan may only be amended by six affirmative votes of the
Council.
RECOMMENDATION: It is recommended by the City Manager's Office, the Fire and
Finance Departments that the Council, by two resolutions, 1) amend the Transaction and
Use Tax Implementation Plan for the Gang Prevention /Intervention Program and the Fire
Department, as presented, 2) amend the City's Classification and Salary Plan in GL 020400
to include a limited term 1.0 FTE Senior Administrative Assistant between January 1, 2014
and June 30, 2014, and 3) increase appropriations in 020400 20 in the amount of $125,000
for the MGPTF Strategic Plan Implementation and in 350610 21 in the amount of $250,000
for the Responsive Grant Program, source of funds being from Measure O reserves, and 4)
transfer $500,000 of Measure O funds from CIP Project 05054 New Fire Station South
Santa Rosa) and $100,000 from CIP Project 05064 (Interim Fire Station Southeast) and
$150,000 from CIP Project 05045 (Interim Fire Station Fountaingrove) to Measure O funded
CIP Project 05060 (New Fire Station Fountaingrove Parkway).
Page 11 December 10, 2013
City Council Regular Meeting Minutes
Michelle Comerford, Administrative Services Officer, Khaalid Muttaqi, Gang Prevention and
Intervention Services Manager, and Mark McCormick, Fire Chief, provided the staff report.
PUBLIC COMMENT
David Hoffman, Co -chair of North Bay Organizing Project, Education Task Force, spoke in
support of the proposed amendments.
Jenni Klose, Santa Rosa School Board, spoke in support of the proposed amendments and
the Responsive Grant Program..
Bill Carle, President of the Santa Rosa School Board, spoke regarding the impact of the
Restorative Justice Program and in support of the Responsive Grant Program.
Duane DeWitt spoke in support of outdoor activities for youth and using Measure O for
development of parks in the southwest.
MOVED by Council Member Olivares, seconded by Council Member Carlstrom, and
CARRIED unanimously to waive reading of the text and adopt:
RESOLUTION NO. 28395 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA AMENDING THE TRANSACTION AND USE TAX IMPLEMENTATION PLAN
FOR THE FIRE DEPARTMENT
MOVED by Council Member Olivares, seconded by Vice Mayor Swinth, and CARRIED
Unanimously to waive reading of the text and adopt:
RESOLUTION NO. 28396 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA ROSA AMENDING THE TRANSACTION AND USE TAX IMPLEMENTATION PLAN
FOR GANG PREVENTION /INTERVENTION SERVICES
13. PUBLIC HEARINGS
13.1 PUBLIC HEARING — ADOPTION OF FEES — COMMUNITY DEVELOPMENT
DEPARTMENT (CONTINUED TO JANUARY 7, 2014)
BACKGROUND: The Full Cost of Services Study for the Community Development
Department was completed in April 2013, and it outlines the costs of the City's development
review activities. Many department services are funded by fees, and the study includes the
rate of cost recovery for these services. The fee adjustment strategy under consideration
includes changing building fees to cost based system and phasing in increases to Building
and Planning fees over a three to five year time frame. When the phase in is complete,
building fees are expected to recover 90% and Planning fee are expected to recover 75 %.
By message dated November 21, 2013, the Construction Coalition and the North Coast
Builders Exchange expressed concern about the timing of the public hearing to consider
development review fee increases and the implementation of new development review fees
scheduled for Tuesday, December 10, 2013. The reason for this concern is that this is the
date of the North Bay Business Journal's 2013 "Top Real Estate Projects in the North Bay"
Reception & Awards Ceremony, which is being held that afternoon and evening. Based on
this scheduling conflict, the Construction Coalition and the North Coast Builders Exchange
are requesting that the public hearing be continued so that key members of the construction,
development, and business communities may participate in the public hearing.
RECOMMENDATION: Pursuant to Council Policy 000 13, the public hearing to consider
development review fee increases and the implementation of new development review fees
that is scheduled for Tuesday, December 10, 2013, has been continued to January 7, 2014,
at 5:00 p.m.
Page 12 December 10, 2013
City Council Regular Meeting Minutes
14. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)
14.1 MEMO FROM MARIN /SONOMA MOSQUITO & VECTOR CONTROL BOARD OF
TRUSTEES SANTA ROSA REPRESENTATIVE BILL PITCHER INFORMATION ONLY.
15. PUBLIC COMMENTS ON NON- AGENDA MATTERS
Duane DeWitt spoke regarding parks and public comment.
John Jenkel spoke regarding unconstitutional wars and submitted a proposed resolution.
16. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEM(S), RECESS TO CLOSED
SESSION(S) IN THE MAYOR'S CONFERENCE ROOM, RECONVENE TO OPEN
SESSION, AND ANNOUNCEMENTS, IF ANY — NONE.
17. ADJOURNMENT OF MEETING
Hearing no further business, Mayor Bartley adjourned the meeting at 9:10 p.m. The next
regularly scheduled meeting will take place on January 7, 2014, at a time to be set by the
Mayor.
Approved on: January 7, 2014
1� o -,L4-- A•
A. Griffin
City Clerk
Page 13 December 10, 2013
City Council Regular Meeting Minutes