SANTA ROSA CITY COUNCIL MINUTES REGULAR MEETING CITY HALL, 100 SANTA ROSA AVENUE MAY 22, CALL TO ORDER AND ROLL CALL Mayor Olivares called

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1 SANTA ROSA CITY COUNCIL MINUTES REGULAR MEETING CITY HALL, 100 SANTA ROSA AVENUE MAY 22, CALL TO ORDER AND ROLL CALL Mayor Olivares called the meeting to order at 3:30 p.m. in the Mayor s Conference Room. Council Members present: Mayor Olivares, Vice Mayor Sawyer, Council Members Bartley, Ours, and Wysocky. Council Member Gorin arrived at 3:34 p.m. Council Member Vas Dupre arrived at 3:44 p.m. 2. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IN MAYOR S CONFERENCE ROOM (ROOM 10, CITY HALL) 2.1 PUBLIC COMMENT ON CLOSED SESSION ITEMS None. 2.2 ADJOURN TO CLOSED SESSION IN MAYOR S CONFERENCE ROOM 2.3 CONFERENCE WITH LABOR NEGOTIATORS Agency Designated Representatives: Fran Elm, Human Resources Director, Chris Sliz, Employee Relations Manager and Jennifer Phillips, Assistant City Manager. 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). 2.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code section ) Name of Case: Mitchel v. City of Santa Rosa, et al., U.S.D.C. Northern District Case No C SI 2.5 ADJOURN CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER Mayor Olivares adjourned the closed session at 3:44 p.m. and reconvened the City Council meeting to open session at 4:00 p.m. 3. STUDY SESSION -- NONE 4. ANNOUNCEMENT OF ROLL CALL Council Members present: Mayor Olivares, Vice Mayor Sawyer, Council Members Bartley, Gorin, Ours, Vas Dupre and Wysocky. 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Fowler reported that the Council had met in closed session with its labor negotiators regarding Item 2.3 and its legal counsel on Item 2.4 and there was no action taken during the closed sessions. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION -- TAKE IT FROM THE TAP Mayor Olivares presented the proclamation to Elise Howard, Research and Program Coordinator - Utilities, and Jennifer Burke, Senior Water Resources Planner. Ms. Burke displayed the Russian River Watershed Association s annual Water Awareness Month high school video contest award winners: 1 st Place Kendra Goff, Analy High School; 2 nd Place Mitch Parsons and Carly Graves, El Molino High School; and 3 rd Place Elisha Gaitan, Rancho Cotate High School. 6.2 PROCLAMATION -- AFFORDABLE HOUSING MONTH No one was present from the Sonoma County Housing Coalition to accept the proclamation. 7. STAFF BRIEFINGS -- NONE 8. APPROVAL OF MINUTES -- NONE

2 9. MAYOR'S/COUNCILMEMBERS REPORTS 9.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS No statements of abstention were made. 9.2 MAYOR /COUNCILMEMBERS REPORTS The Mayor and members of the Council made announcements and reports of interest to the Council. 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) Sonoma County Transportation Authority (SCTA) Council Member Wysocky provided a report. The Council concurred to direct staff to prepare a letter for the Mayor s signature in opposition to Senate Bill 1149, which would create the Bay Area Regional Commission. Council Members provided feedback to Council Member Wysocky regarding the possible extension of Measure M. Sonoma County Water Agency (SCWA) Water Advisory Committee Solid Waste Advisory Group (SWAG) Association of Bay Area Governments (ABAG) Council Member Gorin provided a report on a joint meeting of ABAG and the Metropolitan Transportation Commission (MTC). Other: Council Member Ours provided a report on Sonoma Clean Power. 10. CITY MANAGER'S/CITY ATTORNEY S REPORTS City Manager Millison provided a report regarding the status of legislative activities related to the dissolution of redevelopment agencies. City Attorney Fowler clarified for the record that there were no statements of abstention and confirmed that the Mayor could sign a letter in opposition to Senate Bill CONSENT ITEMS MOVED by Vice Mayor Sawyer, seconded by Council Member Bartley, and carried unanimously to waive reading of the text and adopt Items 11.1 through 11.4 as follows: 11.1 RESOLUTION -- AUTHORIZATION AND APPROVAL OF SUBGRANTEE GRANT AGREEMENT WITH THE COUNTY OF SONOMA FOR FY 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING AGREEMENT WITH COUNTY OF SONOMA TO SECURE CALIFORNIA EMERGENCY MANAGEMENT AGENCY FY 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT IN THE AMOUNT OF $52, RESOLUTION -- AUTHORIZATION AND APPROVAL OF SUBGRANTEE GRANT AGREEMENT WITH THE COUNTY OF SONOMA FOR FY2010/11 HOMELAND SECURITY GRANT RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING AGREEMENT WITH THE COUNTY OF SONOMA TO SECURE GRANT FUNDING FOR THE EMERGENCY OPERATIONS CENTER 11.3 RESOLUTION -- ACCEPTANCE OF THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE ACCEPTANCE OF THE 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM 11.4 ORDINANCE ADOPTION -- CORRECTIONS TO ZONING CODE ORDINANCE NO ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA REPEALING ORDINANCE NO AND AMENDING SECTIONS , , , AND OF THE SANTA ROSA CITY CODE FILE NUMBER ST Page 2 May 22, 2012

3 12. REPORT ITEMS 12.1 REPORT -- AUTHORIZATION AND APPROVAL OF REDWOOD EMPIRE DISPATCH COMMUNICATIONS AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE ANALYST SERVICES BACKGROUND: On June 30, 2002, a Joint Powers Agreement was established for a public safety dispatch system for fire and emergency medical services in Sonoma County. The agreement was amended on April 3, On July 9, 2009, the Redwood Empire Dispatch Communications Authority (REDCOM) reached an agreement with the American Medical Response West to provide Emergency Dispatch for medical, fire and ambulance dispatch services to Sonoma County including the City of Santa Rosa. It is necessary for REDCOM to secure Administrative Analyst services for certain administrative tasks necessary for REDCOM to properly perform its functions. The Fire Department has agreed to provide such support staff services through one of its employees, and REDCOM has agreed to reimburse the Fire Department for related costs. RECOMMENDATION: It is recommended by the Fire Department that the Council, by resolution, approve the agreement with REDCOM for the provisions of Administrative Analyst services by the Fire Department to REDCOM and authorize the Fire Chief or designee to execute the agreement. Leff Brown, Administrative Services Officer, provided the staff report and responded to Council questions. Following Council discussion, it was MOVED by Council Member Wysocky, seconded by Vice Mayor Sawyer, and carried unanimously to waive reading of the text and adopt: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING REDWOOD EMPIRE DISPATCH COMMUNICATIONS (REDCOM) AGREEMENT FOR THE PROVISION OF ADMINISTRATIVE ANALYST SERVICES 12.2 REPORT PARKING METER PERMIT FEE DECREASE LOT 2 BACKGROUND: The Parking District has responsibility to develop, operate and maintain public parking facilities and carry out an effective parking program. Costs of the District are funded through parking user fees, which include meter fees, monthly permit fees and the hourly rate charged in the garages. Staff routinely reviews the financial position of the District, monitors utilization of parking facilities, considers downtown and business owner feedback, and evaluates what changes, if any, are recommended to the Schedule of Parking User Fees. Following an on-going review of the utilization of Lot 2 (located at Ross and B Streets) and feedback from an adjacent business owner, staff is recommending that the parking meter permit fee be reduced to attract a greater number of permit parkers. RECOMMENDATION: It is recommended by the Department of Economic Development and Housing that the Council, by resolution, decrease the parking meter permit fee in Lot 2 (located at Ross and B Streets) to $85 per month, effective June 1, 2012, as shown in the revised Schedule of Parking User Fees. Cheryl Woodward, Deputy Director of Economic Development & Housing, provided the staff report and responded to Council questions. PUBLIC COMMENT Willard Richards spoke in favor of the proposal to decrease the parking meter permit fee in Lot 2 and recommended Council give staff the discretion to set parking fees based on Council policy. Peter Tscherneff spoke in favor of tripling parking fees except for veterans. Following Council discussion, it was MOVED by Council Member Vas Dupre, seconded by Council Member Wysocky, and carried unanimously to waive reading of the text and adopt: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DECREASING THE METER PERMIT FEE IN LOT 2 TO $85 PER MONTH, EFFECTIVE JUNE 1, 2012 Page 3 May 22, 2012

4 12.3 PUBLIC HEARING CHICK-FIL-A APPEAL Council members made the following disclosures regarding ex parte contacts on this matter: Council Member Gorin met with representatives of the project. Council Member Vas Dupre received s regarding the project. Council Member Bartley met with the applicant and watched the video of the Planning Commission s consideration of the project. Vice Mayor Sawyer received s regarding the project. Mayor Olivares received s regarding the project and met with the applicant. Council Member Ours received telephone calls regarding the project. Council Member Wysocky met with the applicant. BACKGROUND: On April 12, 2012 the Planning Commission by a vote of 3-3 (1 absent) denied the Conditional Use Permit request and proposed Mitigated Negative Declaration for Chick-fil-A at 1452 Mendocino Avenue. On April 16, 2012, Don Ikeler of Chick-fil-A filed an appeal requesting that the Planning Commission's decision be overturned and the Mitigated Negative Declaration be adopted and Conditional Use Permit be approved. RECOMMENDATION: It is recommended by the Department of Community Development that the Council, by two resolutions, grant the appeal and adopt a Mitigated Negative Declaration and approve a Conditional Use Permit. Lori MacNab, City Planner, provided the staff report and responded to Council questions. Don Ikeler, Development Manager for Chick-fil-A, spoke on behalf of the applicant and responded to Council questions. Ben Lavin, operator and owner of Chick-fil-A in Roseville, spoke regarding his experience as a franchise operator in Roseville. PUBLIC HEARING Mayor Olivares opened the public hearing at 5:32 p.m. Peter Tscherneff spoke in opposition to approving the conditional use permit. Bobbi Beehler spoke in favor of approving the conditional use permit. Steve Schofield spoke in favor of approving the conditional use permit. Jayne Rosenberg spoke in favor of the project but in opposition to approving the conditional use permit. Kirstin Merrihew spoke in favor of approving the conditional use permit. Kay Tokerud, representing Santa Rosa Neighborhood Coalition, spoke in favor of approving the conditional use permit. Gary Lentz spoke in favor of approving the conditional use permit. Jacob Abusharkh, owner of the project site, spoke in favor of approving the conditional use permit and displayed current photographs of the subject site and building. Jeffrey Bean, Jr. spoke in favor of approving the conditional use permit. Jeff Bean spoke in favor of approving the conditional use permit. Andrew Pierce spoke in favor of the project but in opposition to approving the conditional use permit. Hearing no further requests to speak the Mayor Olivares closed the public hearing at 6:00 p.m. Ms. MacNab and Trevor Macenski, Project Manager of Michael Brandman Associates, responded to Council questions regarding noise, operational and vehicle emissions, and odors. Steve Weinberger, W-Trans, responded to Council questions regarding the traffic study. Chuck Regalia, Director of Community Services, responded to Council questions regarding the City s climate action goals. Don Ikeler and Ben Lavin responded to Council questions regarding locally-sourced products, sustainability practices, recycling measures and the use of compostable products. Following Council discussion, it was MOVED by Council Member Ours, seconded by Council Member Bartley, and carried 5-2 (Council Members Gorin and Vas Dupre voting no) to waive reading of the text and adopt: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING THE APPEAL AND ADOPTING THE MITIGATED NEGATIVE DECLARATION Page 4 May 22, 2012

5 FOR THE CHICK-FIL-A RESTAURANT WITH DRIVE THROUGH AT 1452 MENDOCINO AVENUE, SANTA ROSA, APN: ; FILE CUP MOVED by Council Member Ours, seconded by Council Member Bartley, and carried 5-2 (Council Members Gorin and Vas Dupre voting no) to waive reading of the text and adopt: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING THE APPEAL AND MAKING FINDINGS AND DETERMINATIONS AND APPROVING A CONDITIONAL USE PERMIT FOR CHICK-FIL-A AT 1452 MENDOCINO AVENUE, SANTA ROSA, APN: ; FILE NUMBER CUP WRITTEN COMMUNICATIONS 13.1 LETTER OPPOSING AB 2231(FUENTES) SIDEWALKS: REPAIRS 13.2 LETTER OF OPPOSITION ON AB 1551 (TORRES) INSURANCE: PUBLIC SAFETY EMPLOYEES: ACCIDENTS 13.3 SONOMA COUNTY TRANSPORTATION AUTHORITY LETTER REGARDING MEASURE M STATUS 14. ANNOUNCEMENT OF ADDITIONAL CLOSED SESSION ITEM(S), ADJOURNMENT TO CLOSED SESSION(S), RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS None. 15. PUBLIC COMMENTS ON NON-AGENDA MATTERS Peter Tscherneff spoke regarding several topics. James Bennett spoke regarding ICLEI. Mary E. Merrison spoke regarding several topics. Richard Harman spoke regarding several topics. John Jenkel spoke regarding several topics. Kay Tokerud spoke regarding the proposed Climate Action Plan. 16. ADJOURNMENT OF MEETING Hearing no further business, Mayor Olivares adjourned the meeting at 7:15 p.m. The next regularly scheduled meeting will take place on June 5, 2012, at a time to be set by the Mayor. Approved on: June 5, 2012 /s/ Terri A. Griffin, City Clerk Page 5 May 22, 2012