SANTA ROSA CITY COUNCIL MINUTES REGULAR MEETING CITY HALL, 100 SANTA ROSA AVENUE MARCH 3, 2015 1. CALL TO ORDER AND ROLL CALL Mayor Sawyer called the meeting to order at 2:09 p.m. Council Members present: Mayor Sawyer, Vice Mayor Coursey, Council Members Combs, Olivares, and Schwedhelm. Council Member Wysocky arrived at 2:05 p.m. Council Member Carlstrom arrived at 2:10 p.m. 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Sawyer recessed the meeting to closed session at 2:03 p.m. to discuss Item 2.1 as listed on the agenda: 2.1 CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9) Name of Case: Marlon Whitmore v. Timothy Wilhelm, et al. United States District Court Northern District of California Case No. 4:13-cv-01408 PJH The closed session regarding Item 2.2 was not held. 2.2 CONFERENCE WITH LEGAL COUNCIL - EXISTING LITIGATION (Subdivision (d)(1) of Government Code Section 54956.9) Name of Case: City of Santa Rosa v. Villages at Wild Oak Association, et al. Court Case No. Sonoma County Superior Court Case No. SCV-248544 Mayor Sawyer adjourned closed session at 2:19 p.m. and reconvened the meeting to open session in the Mayor s Conference Room at 2:30 p.m. 3. INTERVIEW FOR BICYCLE & PEDESTRIAN ADVISORY BOARD AND BOARD OF BUILDING REGULATION APPEALS 3.1 The Council interviewed applicants for the following vacancies: Bicycle and Pedestrian Advisory Board Disabled Community Representative: One applicant was present to interview: Adam Brown. Board of Building Regulation Appeals: One application was present to interview: Mark Obergfell Mayor Sawyer reconvened the meeting in the Council Chamber at 3:03 p.m. 4. ANNOUNCEMENT OF ROLL CALL City Clerk Griffin announced that all Council Members were present. 5. STUDY SESSION 5.1 REVIEW OF TAXICAB DRIVER REQUIREMENTS BACKGROUND: In 2011, the City of Santa Rosa adopted Ordinance No. 3694 regulating taxicab franchises and drivers operating in the City of Santa Rosa. One of the requirements of the taxicab drivers is that they apply to the Police Department and provide evidence of a controlled substance test with negative results. The test must have been taken within 30 days of the application. Applicants who fail to provide negative results are prevented from reapplying for 5 years. In December 2014, Council Page 1 March 3, 2015
heard an appeal from a taxicab driver whose application was denied because of positive test results. Council then requested that staff return to review the driver requirements. Presenter: Ray Navarro, Police Lieutenant PUBLIC COMMENT John Myerson, Globe Taxi, expressed concerns regarding unregulated Uber and Lyft drivers. Cherie Marie Alvarez expressed concerns regarding unregulated Uber and Lyft drivers Martin DeWitt expressed concerns regarding unregulated Uber and Lyft drivers. Duane DeWitt expressed concerns regarding unregulated Uber and Lyft drivers and in support of a one-year suspension for taxi drivers who test positive. No action was taken by the Council. 6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Manager McGlynn reported on Study Session Item 5.1 and indicated staff will bring forward revisions to the Taxicab Franchise Ordinance and options for the Council to consider. City Attorney Fowler reported that the Council met in closed session regarding Item 2.1 as listed on the agenda and there was no action taken by the Council. She further reported that the Council did not meet in closed session regarding 2.2 and the item will likely be continued to March 17. 7. PROCLAMATIONS/PRESENTATIONS 7.2 PROCLAMATION - ARBOR WEEK Council Member Schwedhelm presented the proclamation to Lisa Grant, Park Superintendent, Mike del Campo, Park Crew Supervisor, and Elaine Gutsch, Volunteer Coordinator PUBLIC COMMENT Duane DeWitt requested an Arbor Day celebration be held in Roseland Creek Park. 7.1 PROCLAMATION - WOMEN S HISTORY MONTH Council Member Combs read the proclamation. Rebecca Hollingsworth, Director of Youth Outreach & Education, National Women s History Project, was unable to attend to accept the proclamation. 8. STAFF BRIEFINGS - NONE 9. APPROVAL OF MINUTES - NONE 10. MAYOR'S/COUNCILMEMBERS REPORTS Council member Wysocky requested a future agenda item regarding regulation of Uber and Lyft drivers. Council Member Combs concurred with the request. 10.1 STATEMENTS OF ABSTENTION BY COUNCILMEMBERS 10.2 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 10.2.1 Council Subcommittee Reports None. Page 2 March 3, 2015
10.2.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) None. 10.2.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee None. 10.2.4 Association of Bay Area Governments (ABAG) None. 10.2.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee Council Member Wysocky provided a report. 10.2.6 Sonoma Clean Power Authority (SCPA) Council Member Wysocky provided a report on the Business Operations Subcommittee meeting. 10.2.7 Sonoma County Waste Management Agency (SCWMA) 10.2.8 Other: Council Member Carlstrom provided a Council Member Carlstrom provided a report on the Russian River Watershed Association quarterly meeting. 10.3 BOARD, COMMISSION & COMMITTEE APPOINTMENT 10.3.1 Council may vote to make an appointments to the following boards: Bicycle & Pedestrian Advisory Board - One disabled community representative to serve a four-year term to expire December 2018. Board of Building Regulation Appeals - One representative to serve a four-year term to expire December 2018. MOVED by Council Member Carlstrom, seconded by Council Member Wysocky and CARRIED unanimously to (1) appoint Adam Brown to the Bicycle and Pedestrian Advisory Board as the disabled community representative for a fouryear term to expire December 2018; and (2) appoint Mark Obergfell to the Board of Building Regulation Appeals for a four-year term to expire December 2018. 10.3.2 The Mayor and members of the City Council will announce appointments to various boards, commissions and committees. The Council may direct the City Clerk to conduct additional outreach for certain vacancies. Mayor Sawyer announced his appointment of Mark Obergfell as Chair to the Board of Building Regulation Appeals. Vice Mayor Coursey announced his appointment of Carol Quandt to Board of Community Services. Council Member Schwedhelm announced his appointment of Diane Test to the Board of Community Services and Margaret Purser to the Cultural Heritage Board. 11. CITY MANAGER S/CITY ATTORNEY S REPORTS City Manager McGlynn reported on the Sonoma County Beer, Cider, and Spirits Conference held at the Hyatt Vineyard Creek in Santa Rosa on February 27. 12. CONSENT ITEMS Mark Powell, Deputy Director Local Utilities Operations, and Deborah Lauchner, Chief Financial Officer, responded to questions regarding Item 12.1. Page 3 March 3, 2015
PUBLIC COMMENT Duane DeWitt spoke regarding Item 12.2 and requested members of the public interested in Roseland Creek Community Park be provided more information regarding the grant application. MOVED by Vice Mayor Coursey, seconded by Council Member Olivares, and CARRIED unanimously to waive reading of the text and adopt Items 12.1 and 12.2 as follows: 12.1 MOTION - BID AWARD - 2015 4WD AND 2WD EXTENDED CAB PICKUP TRUCKS MOTION TO APPROVE BID AWARD AND ISSUANCE OF TWO PURCHASE ORDERS FOR THREE (3) 2015 4WD EXTENDED CAB PICKUP TRUCKS IN THE AMOUNT OF $89,806.50, AND SEVEN (7) 2015 2WD EXTENDED CAB PICKUP TRUCKS IN THE AMOUNT OF $168,441.00, TO PLATINUM CHEVROLET, SANTA ROSA, CALIFORNIA. FUNDING FOR THIS CAPITAL PURCHASE IS ALLOCATED IN GL KEY 300106 PUBLIC WORKS EQUIPMENT REPLACEMENT PURCHASES, OBJECT CODE 5584. 12.2 RESOLUTION - AUTHORIZING SUBMITTAL OF A HOUSING RELATED PARKS PROGRAM GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE IMPROVEMENT OF ROSELAND CREEK COMMUNITY PARK RESOLUTION NO. 28612 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE SUBMITAL OF AN APPLICATION FOR A HOUSING RELATED PARKS GRANT FOR THE IMPROVEMENT OF ROSELAND CREEK COMMUNITY PARK. Mayor Sawyer recessed the meeting at 4:52 and reconvened the meeting at 5:03. All Council Members were present. Because it was after 5:00 p.m., Mayor Sawyer reordered the agenda to consider Public Hearing Item 15.1 at this time. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - SMITH VILLAGE/PANTOJA LANE REZONING - 3625 SEBASTOPOL ROAD - MJP14-004 BACKGROUND: The project proposes to modify the existing Planned Development (PD) 02-007 Zoning District to eliminate a requirement for mixed use development along Sebastopol Road, make minor changes to the development plan and eliminate 34 of the 40 second dwelling units currently required by the PD 02-007 District; located at 3625 Sebastopol Road and multiple adjacent parcels. RECOMMENDATION: It is recommended by the Planning Commission (by a 5-0-1-0 vote - Commissioner Byrd absent) and the Community Development Department that the City Council introduce an Ordinance approving the proposed zoning amendments to the PD02-007 Zoning District and eliminate the requirement for Mixed Use Development, make slight modifications to the architecture of the detached single-family homes and require six second dwelling units to be constructed with the project. Presenter: Noah Housh, Senior Planner Page 4 March 3, 2015
Applicant Dana Kuhn, Sunwood Ventures, made a presentation in support of the project. Project Architect Paul Gilger, Hedgpeth Architects responded to questions. PUBLIC HEARING Mayor Sawyer opened the public hearing at 5:43 p.m. Anne Seeley, Concerned Citizens for Santa Rosa, spoke in support of the project. Duane DeWitt spoke in support of including more granny units in the project and requested members of the public be provided additional time to speak during public hearings. Seeing no one else wishing to speak, Mayor Sawyer closed the public hearing at 5:49 p.m. MOVED by Council Member Olivares, seconded by Council Member Wysocky, and CARRIED unanimously to waive reading of the text and introduce by the following ordinance as amended to include nine second dwelling units: ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE EXISTING PLANNED DEVELOPMENT 02-007 POLICY STATEMENT AND DEVELOPMENT PLAN FOR PROPERTIES IN THE SMITH VILLAGE AND PANTOJA LANE SUBDIVISIONS, LOCATED AT 3625 SEBASTOPOL ROAD AND ASSOCIATED PARCELS, MORE ACCRUATELY DESCRIBED AS ASSESSOR PARCEL NUMBERS 035-850-001 THRU 035-850-059 FILE NUMBER MJP14-004 13. PUBLIC COMMENTS ON NON-AGENDA MATTERS Howard Schnirman expressed concerns regarding the reservation policy for tennis courts at Galvin Park. Jack Osborne spoke regarding the Brown Act and expressed concerns regarding the use of speaker cards and enforcement of violations under the City Charter. Colleen Fernald spoke regarding speaking the truth, martial law, and the authorization of use of military force. Mark Servig, West End Neighborhood, expressed concerns regarding parking and homeless issues in the neighborhood. Loreen Theveny spoke in support of better signage at the Transmit Mall and requested a review of the audible system used in San Francisco, the ability to call for public safety from the Transit Mall, and use of the Ace Taxi system for after-hour or emergency use by elderly and disabled transit riders. Bridget Lewis expressed concerns regarding a lack of affordable housing and sustainable income for the elderly. 14. REPORT ITEMS - NONE 16. WRITTEN COMMUNICATIONS - NONE 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS NONE. 18. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] Page 5 March 3, 2015
19. ADJOURNMENT OF MEETING Hearing no further business, Vice Mayor Coursey adjourned the meeting at 6:43 p.m. in honor of Geoff Johnson. The next regularly scheduled meeting will take place on March 10, 2015, at a time to be set by the Mayor. Approved on: March 31, 2015 /s/ Terri A. Griffin, City Clerk Page 6 March 3, 2015