SANTA ROSA CITY COUNCIL MINUTES REGULAR MEETING CITY HALL, 100 SANTA ROSA AVENUE MARCH 17, 2015

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1 SANTA ROSA CITY COUNCIL MINUTES REGULAR MEETING CITY HALL, 100 SANTA ROSA AVENUE MARCH 17, CALL TO ORDER AND ROLL CALL (COUNCIL CHAMBER) Mayor Sawyer called the meeting to order at 4:04 p.m. Council Members present: Mayor Sawyer, Vice Mayor Coursey, Council Members Combs, Olivares, Schwedhelm, and Wysocky. Council Member Carlstrom arrived at 5:13 p.m. Teen Council Member Taylor Wang was also present from 4:00 to 5:00 p.m. 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE 3. STUDY SESSION - NONE 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE 5. PROCLAMATIONS/PRESENTATIONS 5.1 PROCLAMATION - EL CAPITAN CLIMBER KEVIN JORGESON Council Member Coursey presented the proclamation to Kevin Jorgeson. 5.2 PRESENTATION - INTRODUCTION OF JASON NUTT, DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS Assistant City Manager Chuck Regalia introduced Jason Nutt as the new Director of Transportation and Public Works. 6. STAFF BRIEFINGS 6.1 QUARTERLY REPORT ON CAPITAL IMPROVEMENT PROGRAM PROJECTS Staff provided an update on Capital Improvement Program (CIP) projects from October to December The briefing included project updates, fund transfers and major expenditures, recently completed projects and projects under construction. CIP projects provide the infrastructure that is critical to the economic vitality and quality of life in Santa Rosa. Presenter: Colleen Ferguson, Deputy Director Engineering Duane DeWitt spoke in favor of the McMinn Avenue and the Stony Point Road Projects. 7. APPROVAL OF MINUTES 7.1 February 24, 2015, Regular Meeting Approved as submitted. 8. MAYOR'S/COUNCILMEMBERS REPORTS The Mayor and members of the Council made comments, announcements and reports of interest to the Council. 8.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS No statements of abstention were made. Page 1 March 17, 2015

2 8.2 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) Council Subcommittee Reports None Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) None Sonoma County Water Agency (SCWA) - Water Advisory Committee None Association of Bay Area Governments (ABAG) None Sonoma County Agricultural Preservation and Open Space District Advisory Committee None Sonoma Clean Power Authority (SCPA) None Sonoma County Waste Management Agency (SCWMA) None Other - None 8.3 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS REQUEST FOR AGENDA ITEM REGARDING REGULATION OF TRANSPORTATION NETWORK COMPANIES At the March 3, 2015, City Council meeting, Council Member Wysocky requested a future agenda item regarding regulation of transportation network companies such as Uber and Lyft. Council Member Combs concurred with the request. The purpose of this item is for the Council to discuss whether to place this matter on a future Council agenda and direct the City Manager to provide information regarding the impacts of this agenda item on other tasks. MOVED by Council Member Wysocky, seconded by Council Member Combs, and CARRIED 6-1 (Council Member Carlstrom absent) to place this item on a future agenda. 9. CITY MANAGER S/CITY ATTORNEY S REPORTS Assistant City Manager Chuck Regalia reported that the Recreation and Parks Department was awarded the California Park and Recreation Society s 2014 Award of Excellence in Digital Media Video for their THIS is Recreation and Parks branding video and that the City of Santa Rosa won Best of Sonoma County Awards for both the Best Park - Howarth Park and Best Summer Day Camp - Camp Wa-Tam in the Bohemian Best Of contest. He reported that City Manager Sean McGlynn suffered an injury while hiking in Spring Lake, broke his leg and that he had surgery this morning that went very well and that he is in good spirits. City Attorney Caroline Fowler reported she will be away from the office next week and Assistant City Attorney Suzanne Rawlings will be the Acting City Attorney in her absence. 10. CONSENT ITEMS Council Member Wysocky requested Item 10.1 and Item 10.4 be pulled for separate discussion and vote. Fran Elm, Human Resources Director, responded to questions regarding Item Page 2 March 17, 2015

3 Jodie Frost, Administrative Services Officer, responded to questions regarding Item MOVED by Vice Mayor Coursey, seconded by Council Member Olivares, and CARRIED 6-1 (Council Member Carlstrom absent) to waive reading of the text and adopt Items 10.2 and 10.3 as follows: 10.2 RESOLUTION - SUPPORT FOR THE APPLICATION FOR CAP AND TRADE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FUNDS RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING A REQUEST TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR $9,162 AND $236,713 IN CAP AND TRADE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FUNDS TO ASSIST IN THE PURCHASE OF UP TO TEN 40-FOOT CLEAN DIESEL FIXED ROUTE BUSES AND DELEGATING AUTHORITY TO THE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS TO APPROVE AND EXECUTE RELATED DOCUMENTS 10.3 RESOLUTION - APPROVAL OF AMENDMENT NO. 3 TO THE MEMORANDUM OF UNDERSTANDING (MOU) - UNIT 8, TRANSIT, REPRESENTED BY SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ROSA AND SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021 ON BEHALF OF THE EMPLOYEES IN THE CITY S UNIT 8 TRANSIT 10.1 RESOLUTION - INCREASE AUTHORIZATION UNDER MASTER AGREEMENTS TO PROVIDE PROFESSIONAL SERVICES Colleen Ferguson, Deputy Director Engineering Services, responded to questions regarding Item Richard Canini spoke on the review process and potential time delays. MOVED by Vice Mayor Coursey, seconded by Council Member Olivares, and CARRIED 6-1 (Council Member Carlstrom abstain) to waive reading of the text and adopt Item 10.1 as follows: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN INCREASE IN AUTHORIZATION OF $6 MILLION TO EXECUTE PROJECT WORK ORDERS UNDER MASTER PROFESSIONAL SERVICES AGREEMENTS (MPSAs) WITH A CUMULATIVE NOT TO EXCEED SUM OF $15 MILLION FOR FISCAL YEAR RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN TO MODIFY THE SALARY RANGE OF THE CHIEF TECHNOLOGY OFFICER CLASSIFICATION AND CHANGE THE TITLE TO CHIEF INFORMATION OFFICER MOVED by Vice Mayor Coursey, seconded by Council Member Olivares, and CARRIED unanimously to continue Item 10.4 to a future meeting date. Page 3 March 17, 2015

4 Because it was after 5:00 p.m., Mayor Sawyer reordered the agenda to consider Public Hearing Item 13.1 at this time. 13. PUBLIC HEARINGS 13.1 PUBLIC HEARING RESOLUTION AUTHORIZING WEED AND RUBBISH ABATEMENT BY THE CITY OF SANTA ROSA FIRE DEPARTMENT BACKGROUND: On February 24, 2015, Council declared by resolution, weeds and rubbish as a public nuisance. The second procedure required by Chapter 9-08 of the Santa Rosa City Code is to publish a notice for a public hearing, at which time a person or persons may voice an objection to the Weed and rubbish Abatement Program. After hearing any or all protests, the Council, by resolution, may grant or overrule any protest and authorize the Fire Department to abate the nuisances. The City Council grants or overrules any such protests. The City Council, then, by resolution, may authorize the Fire Department to abate all weeds and rubbish on or upon private property within the City of Santa Rosa. RECOMMENDATION: It is recommended by the Fire Department that the Council, by resolution, overrule any protests and authorize the Fire Department to abate the nuisances. Presenter: Paul Lowenthal, Assistant Fire Inspector Mayor opened the public hearing at 5:19 p.m. Hearing no one wishing to speak on this item, the public hearing was closed at 5:19 p.m. - None. MOVED by Council Member Schwedhelm, seconded by Council Member Combs, and CARRIED unanimously to waive reading of the text and adopt the following resolution: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA OVERRULING PROTESTS AND AUTHORIZING ABATEMENT OF WEEDS OR RUBBISH UPON OR IN FRONT OF CERTAIN PROPERTIES WITHIN THE CITY OF SANTA ROSA AS A PUBLIC NUISANCE 12. REPORT ITEMS 12.1 REPORT ORDINANCE AMENDING CERTAIN SECTIONS OF SANTA ROSA CITY CODE TITLE 15 SEWERS TO MAINTAIN COMPLIANCE WITH ENVIRONMENTAL PROTECTION AGENCY INDUSTRIAL PRETREATMENT PROGRAM REGULATION REVISIONS BACKGROUND: Title 15 - Sewers of the Santa Rosa City Sewer Code had its last major revision in 2008 to meet the Environmental Protection Agency (EPA) Pretreatment Program requirements and Statewide General Waste Discharge Requirements for Sanitary Sewer Systems - Order No The purpose for this revision to Title 15 - Sewers is to codify changes in definitions and requirements mandated under EPA Pretreatment Program provisions for industrial dischargers. RECOMMENDATION: It is recommended by the Utilities Department that the Council introduce an ordinance amending certain sections of the Santa Rosa City Code Title 15 - Sewers: to add the definition of Non- Page 4 March 17, 2015

5 Significant Categorical Industrial User and update the definition of Authorized Representative, to complete Significant Non- Compliance criteria and to add chemical lists to local limits. Presenter: Martin St. George, Environmental Compliance Supervisor None. MOVED by Council Member Carlstrom, seconded by Council Member Schwedhelm, and CARRIED unanimously to waive reading of the text and introduce the following ordinance: ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CERTAIN SECTIONS OF SANTA ROSA CITY CODE TITLE 15 - SEWERS TO MAINTAIN COMPLIANCE WITH EPA INDUSTRIAL PRETREATMENT PROGRAM REGULATION REVISIONS 11. ON NON-AGENDA ITEMS Anne Seeley, Concerned Citizens of Santa Rosa, requested a seat at the table for Concerned Citizens on the Roseland Annexation Subcommittee. Mayor Sawyer recessed the meeting at 5:31 p.m. and reconvened the meeting at 5:41 p.m. All Council Members were present REPORT CERTIFICATION OF THE JENNINGS AVENUE PEDESTRIAN AND BICYCLE RAIL CROSSING FINAL ENVIRONMENTAL IMPACT REPORT BACKGROUND: On November 12, 2013, a Notice of Preparation of the Draft Environmental Impact Report (EIR) for the Jennings Avenue Pedestrian and Bicycle Rail Crossing project was issued. On October 17, 2014, the Jennings Avenue Pedestrian and Bicycle Rail Crossing Draft EIR was released for public review. The 45-day comment period is scheduled to end on December 1, The Council held a public hearing on November 18, 2014 to elicit public comments and to provide comments on the Draft EIR. The Final EIR was released for public review on February 11, The Council will consider certification of the Final EIR. RECOMMENDATION: It is recommended by the Community Development and Transportation and Public Works Departments that the Council, by resolution, certify the Final EIR for the Jennings Avenue Pedestrian and Bicycle Rail Crossing project. Presenter: Jessica Jones, Senior Planner; Brian Bacciarini and Pat Collins from GHD. James Duncan spoke on the history of Jennings Ave crossing. Allen Thomas representing Western Farm Center spoke on mitigation on W. 6 th and 7 th Streets, and the closing of W. 8 th street and people parking at Kid s Street Theater. Ty Jones spoke on the opportunity the city has to build an attractive bridge. Willard Richards spoke on parking issues being removed from EIR s. Steve Birdlebaugh spoke on a bridge connecting Elliot and Jennings would be the ideal best solution is at-grade. Janet Barocco spoke on indirect impacts and the loss of connectivity. Page 5 March 17, 2015

6 MOVED by Council Member Olivares, seconded by Council Member Wysocky and CARRIED unanimously to waive reading of the text and adopt the following resolution: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE JENNINGS AVENUE PEDESTRIAN AND BICYCLE RAIL CROSSING PROJECT 12.3 REPORT JENNINGS AVENUE PEDESTRIAN AND BICYCLE RAIL CROSSING AT THE SMART RAIL CORRIDOR PROJECT SELECTION BACKGROUND: The proposed Jennings Avenue Bicycle and Pedestrian Crossing at the SMART rail corridor is identified in the City s General Plan, the Bicycle and Pedestrian Master Plan 2010, and specifically in Policy C-5.8 of the North Santa Rosa Station Area Specific Plan. The Jennings Avenue Pedestrian and Bicycle Rail Crossing Draft EIR analyzes an atgrade pedestrian and bicycle rail crossing, with a potential closure of an existing crossing at West Sixth Street, West Seventh Street or West Eighth Street and a pedestrian and bicycle rail overcrossing, at the same level of detail. Based on comments received during the Public Review period, the Final EIR includes an atgrade pedestrian and bicycle rail crossing with no closure of an existing crossing elsewhere in the City. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council by resolution 1) approve the proposed at-grade pedestrian and bicycle crossing at Jennings Avenue and the SMART corridor with no closure of an existing crossing as analyzed in the certified Final Environmental Impact Report (EIR) for the Jennings Avenue Pedestrian and Bicycle Rail Crossing Project and direct staff to submit an application to the California Public Utilities Commission (CPUC) for the crossing; 2) find that the benefits of the project outweigh the significant noise impacts as described in Exhibit B, Statement of Overriding Considerations of the attached Resolution, 3) adopt the mitigation measures set forth in the Mitigation Monitoring Program; and 4) direct staff to implement and complete the Mitigation Monitoring Program as part of the approved Project. Presenter: Nancy Adams, Transportation Planner; Bill Gamlen from SMART; Jim Squeri, California Public Utilities Commission attorney. Paul Downing spoke against closing 6 th, 7 th, and 8 th street and in favor of Jennings Ave. Lisadawn Marble spoke on people crossing Jennings Avenue. Willard Richards spoke on the overcrossing not belonging in any neighborhoods and closing 7 th Street will make the area more dangerous and goes against what the CPUC tries to accomplish. Page 6 March 17, 2015

7 Teri Shore of the North Bay Director of Greenbelt Alliance spoke in favor of the atgrade at Jennings Ave. project. Johanna James spoke in favor of the Jennings Ave. crossing and against any closures in Railroad Square area. James Duncan spoke on the statements made by the CPUC attorney Jim Squeri and in favor of a Jennings Ave. crossing. Harold Wilson spoke against any closures in the West End neighborhood. Janet Barocco spoke in favor of an at-grade with no closure option. Robert Ankers spoke against closures in the West End neighborhood. David Petritz spoke on in favor of a Jennings Avenue crossing. Allen Thomas spoke representing Western Farm Center and they are against closing W. 7 th Street. Lea Barron-Thomas spoke against of closing W. 7 th Street and submitted signed petitions from people against the closure and in favor of the bridge. Trevor Frampton, General Manager at Western Farm, spoke in opposition of the closure of 7 th Street. Kevin King spoke against the closure of W.7 th Street and the bridge over Jennings Avenue. Jack Swearengen spoke on Friends of SMART spoke in favor of the at-grade crossing at Jennings. Ty Jones spoke in favor of the Jennings Ave. overcrossing bridge. Steve Birdlebough spoke in favor of the at-grade crossing at Jennings Avenue. Mike Montague spoke against closure in West End neighborhood and in favor of Jennings Avenue at-grade crossing. MOVED by Council Member Wysocky, seconded by Council Member Combs, and CARRIED unanimously to waive reading of the text and adopt the following resolution: RESOLUTION NO ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AT-GRADE PEDESTRIAN AND BICYCLE RAIL CROSSING AT JENNINGS AVENUE, WITH NO CLOSURE OF AN EXISTING RAIL CROSSING, AND MAKING FINDINGS AND DETERMINATIONS AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WITH REGARD TO SIGNIFICANT IMPACTS IDENTIFIED IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE JENNINGS AVENUE PEDESTRIAN AND BICYCLE RAIL CROSSING PROJECT 14. WRITTEN COMMUNICATIONS 14.1 QUARTERLY CAPITAL IMPROVEMENT PROGRAM PROJECTS UPDATE: OCTOBER - DECEMBER Provided for information. 15. S ON NON-AGENDA MATTERS NONE. Page 7 March 17, 2015

8 16. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS NONE 17. ADJOURNMENT OF MEETING Hearing no further business, Mayor Sawyer adjourned the meeting at 9:00 p.m. The next regularly scheduled meeting will take place on March 31, 2015, at a time to be set by the Mayor. Approved on: April 7, 2015 /s/ Stephanie A. Williams, Deputy City Clerk Page 8 March 17, 2015