City Council
Regular MeetingSanta Rosa, CA · May 23, 2017
Minutes
City Hall, Council Chamber
City of Santa Rosa 100 Santa Rosa Ave
Santa Rosa, CA 95404
City Council
Regular Meeting Minutes - Final
Tuesday, May 23, 2017 4:00 PM
1. CALL TO ORDER AND ROLL CALL
Mayor Coursey called the meeting to order at closed session was
called to order at 2:03 p.m.
Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member
Julie Combs, Council Member Ernesto Olivares, Council Member
Chris Rogers, Council Member John Sawyer and Council Member
Tom Schwedhelm
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Mayor Coursey recessed the meeting to closed session at
2:03 p.m. to discuss Items 2.1 and 2.2 as listed on the agenda:
2.1 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Rhonda McKinnon, Interim
Human Resources Director, Art Hartinger and Adam Benson, Renne
Sloan Holtzman Sakai LLP, and Deborah Lauchner, Chief Financial
Officer.
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); Executive
Management (Employee Unit 10); Middle Management (Employee Unit
11); Confidential (Employee Unit 12); Mechanics (Employee Unit 13);
City Attorney (Employee Unit 15); Santa Rosa City Attorneys’
Association (Employee Unit 17), Santa Rosa Management Association
(Employee Unit 18).
City of Santa Rosa
Regular Meeting Minutes
Page 2 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
2.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Timothy Aboudara, Jr. et al. v. City of Santa Rosa
Court Case No. USDC Northern District of CA 3:17-cv-01661
Mayor Coursey adjourned closed session at 4:00 p.m. and
reconvened the meeting to open session in the Council Chamber at
4:05 p.m.
3. STUDY SESSION - NONE.
4. ANNOUNCEMENT OF ROLL CALL
Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member
Julie Combs, Council Member Ernesto Olivares, Council Member
Chris Rogers, Council Member John Sawyer and Council Member
Tom Schwedhelm
5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS
City Manager McGlynn reported on Items 2.1 and 2.2 that Council
provided direction and that there was no action to report.
6. PROCLAMATIONS/PRESENTATIONS
6.1 PRESENTATION - THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT 2016 HOUSING CHOICE VOUCHER PROGRAM
HIGH PERFORMER AWARD
Attachments: Presentation
Presented by Rebecca Lane, Housing and Community Services
Manager.
7. STAFF BRIEFINGS - NONE.
8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS
9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS
Vice Mayor Tibbetts announced that he will be abstaining from Item
12.1.
10. MAYOR'S/COUNCILMEMBERS’ REPORTS
Mayor and Council Members made announcements and reports of
City of Santa Rosa
Regular Meeting Minutes
Page 3 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
interest to the Council.
Council Member Sawyer announced his appointment of Karen
Weeks to the Planning Commission.
10.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON
REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD
REPRESENTATIVE ON PENDING ISSUES, IF NEEDED)
10.1.1 Council Subcommittee Reports
10.1.2 Sonoma County Transportation Authority/Regional Climate
Protection Authority (SCTA/RCPA)
10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee
10.1.4 Association of Bay Area Governments (ABAG)
10.1.5 Sonoma County Agricultural Preservation and Open Space District
Advisory Committee
10.1.6 Sonoma Clean Power Authority (SCPA)
10.1.7 Sonoma County Waste Management Agency (SCWMA)
10.1.8 Other
10.2 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS
10.2.1 REQUEST FOR AGENDA ITEM TO CONSIDER AN URGENCY
ORDINANCE TO REMOVE THE LIMITED LIGHT INDUSTRIAL (LIL)
ZONING DISTRICT WHICH INCLUDES THE MAXWELL COURT
NEIGHBORHOOD FROM THE ALLOWABLE LAND USES IN THE
INTERIM ORDINANCE FOR CANNABIS CULTIVATION
BACKGROUND: At the May 16, 2017, City Council meeting, Vice
Mayor Tibbetts requested a future agenda item to consider an
urgency ordinance to remove the Limited Light Industrial (LIL) Zoning
District, which includes the Maxwell Court neighborhood, from the
eligible districts for cannabis cultivation use in the interim ordinance
for cannabis cultivation. Council Member Schwedhelm concurred.
Item was withdrawn.
City of Santa Rosa
Regular Meeting Minutes
Page 4 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
11. APPROVAL OF MINUTES - NONE.
12. CONSENT ITEMS
PUBLIC COMMENT
Peter Tscherneff spoke regarding Item 12.1.
12.1 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL
HOMELESS EMERGENCY
RECOMMENDATION: It is recommended by the Housing and
Community Services Department that the Council, by resolution,
approve an extension of Resolution No. 28839 which formally
proclaimed a local homeless emergency within Santa Rosa.
Attachments: Staff Report
Resolution
Presentation
A motion was made by Council Member Combs, seconded by Council
Member Rogers, to waive reading of the text and adopt Consent Item 12.1:
RESOLUTION NO. RES-2017-075 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA EXTENDING A PROCLAMATION
OF LOCAL HOMELESS EMERGENCY (Government Code Sections 8630 et
seq.)
The motion carried by the following vote:
Yes: 6 - Mayor Coursey, Council Member Combs, Council Member Olivares,
Council Member Rogers, Council Member Sawyer and Council
Member Schwedhelm
Recused: 1 - Vice Mayor Tibbetts
Approval of the Consent Agenda
A motion was made by Vice Mayor Tibbetts, seconded by Council Member
Rogers, to waive reading of the text and adopt Consent Items 12.2 through
12.4. The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers, Council Member
Sawyer and Council Member Schwedhelm
12.2 RESOLUTION - CONTRACT AWARD - BROADCAST MEDIA
City of Santa Rosa
Regular Meeting Minutes
Page 5 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
EQUIPMENT RACK
RECOMMENDATION: It is recommended by the Finance and
Information Technology Departments, that the Council, by resolution,
approve contract award for a broadcast media equipment rack,
installation setup, training, and warranty services for the Council media
room to Mark Latimer & Associates, Inc. dba Coda Technology Group,
Petaluma, CA, in the total amount not to exceed $161,003.14.
Attachments: Staff Report
Resolution
Exhibit A
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2017-076 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA CONTRACT AWARD OF CITY
BROADCAST MEDIA EQUIPMENT RACK
12.3 RESOLUTION - RESOLUTION OF LOCAL SUPPORT FOR THE
FEDERAL TRANSIT ADMINISTRATION LOW OR NO EMISSION BUS
DISCRETIONARY GRANT PROGRAM APPLICATION
RECOMMENDATION: It is recommended by the Transportation and
Public Works Department that the Council, by resolution, support and
authorize the City Manager or designee to execute and submit a joint
City of Santa Rosa/Sonoma County Transit grant application with the
Federal Transit Administration under the Federal Transit Administration
Low or No Emission Bus Discretionary Grant Program for the purchase
of electric buses, charging equipment and required infrastructure
upgrades.
Attachments: Staff Report
Resolution
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2017-077 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA SUPPORTING AND
AUTHORIZING THE FILING OF A JOINT APPLICATION WITH SONOMA
COUNTY TRANSIT FOR FUNDING FROM THE FEDERAL TRANSIT
ADMINISTRATION LOW OR NO EMISSION BUS DISCRETIONARY GRANT
PROGRAM AND COMMITTING ANY NECESSARY MATCHING FUNDS
City of Santa Rosa
Regular Meeting Minutes
Page 6 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
12.4 RESOLUTION - THIRD AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT WITH ECONOMIC AND PLANNING
SYSTEMS, INC., FOR PROJECT MANAGEMENT AND TECHNICAL
SUPPORT RELATED TO THE HOUSING ACTION PLAN
RECOMMENDATION: It is recommended by the Planning and
Economic Development Department that the Council, by resolution,
approve a third amendment to professional services agreement with
Economic and Planning Systems, Inc., of Oakland, CA, adding an
additional amount of $63,425.00 for a total contracted amount of
$194,805.00, providing for the completion of project management and
technical support efforts related to refining, completing and measuring
the results of the Housing Action Plan.
Attachments: Staff Report
Resolution
Exhibit A - Third Amendment to PSA
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2017-078 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE THIRD
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER
F001059 WITH ECONOMIC AND PLANNING SYSTEMS, INC., EXTENDING
ONGOING PROJECT MANAGEMENT AND TECHNICAL SUPPORT
EFFORTS RELATED TO REFINING, COMPLETING AND MEASURING THE
RESULTS OF THE HOUSING ACTION PLAN
The time not being 5:00 p.m., Mayor Coursey took Report Item 14.1 before Item
13 - Public Comment on Non-Agenda Items.
13. PUBLIC COMMENT ON NON-AGENDA MATTERS
Dorothy Friberg spoke regarding her truck being towed from the
parking lot of the Bennett Valley Senior Center.
Roger Montgomery spoke regarding making amends with police and
sheriff officers.
Peter Tscherneff spoke regarding the need to assist the homeless.
Jolene Kalani Spears spoke regarding concerns of the emergency
City of Santa Rosa
Regular Meeting Minutes
Page 7 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
well drilling located at the Rincon Valley Subbasin.
Rodney Sprick spoke regarding concerns of the emergency well
drilling located at the Rincon Valley Subbasin.
Renee Ralls spoke regarding concerns of the emergency well
drilling located at the Rincon Valley Subbasin.
Robin Hamann spoke regarding concerns of the emergency well
drilling located at the Rincon Valley Subbasin.
Sharon Cervelli spoke regarding concerns of the emergency well
drilling located at the Rincon Valley Subbasin.
Bill Corcoran spoke regarding concerns of the emergency well
drilling located at the Rincon Valley Subbasin.
Vivian Klein spoke regarding concerns of the emergency well drilling
located at the Rincon Valley Subbasin.
14. REPORT ITEMS
14.1 REPORT - AFFORDABLE HOUSING INCENTIVE FUND PILOT
PROGRAM FUNDING RECOMMENDATIONS
BACKGROUND: Faced with a significant housing shortage and
prolonged financial and market effects of the recent recession, the City
Council approved a Housing Action Plan that addresses how to
increase housing production and achieve a goal of Housing for All. As
an early step in implementing the Housing Action Plan, the Council
initiated the Affordable Housing Incentive Fund Pilot Program
(“AHIFPP”) funded with $3 million from General Fund Reserves. The
AHIFPP objective is to incentivize the production or preservation of the
most affordable housing in the shortest timeframe, utilizing the least
amount of City funds, targeted to the lowest income level for the longest
time period.
The City received eight applications seeking all or part of the $3 million
in response to a Notice of Funding Availability (“NOFA”). Funding
City of Santa Rosa
Regular Meeting Minutes
Page 8 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
recommendations were made by a review team consisting of
Vice-Mayor Tibbetts, Councilmember Rogers and staff from the Housing
and Community Services Department (“HCS”), Planning and Economic
Development Department (“PED”) and the City Attorney’s Office
(“CAO”).
The reviewers recommend that four applications receive funding
consistent with the AHIFPP and the Housing Action Plan for a total of
$2,750,000 to incentivize development of 27 rental units, mostly for
extremely low-income households, four ownership homes for
low-income families, and 6 ownership homes for moderate-income
families together with 19 market rate homes for a total of 56 new
housing units. The Council may reserve the remaining $250,000 to
address affordable housing or homeless services emerging needs.
RECOMMENDATION: It is recommended by the Housing and
Community Services Department and the Planning and Economic
Development Department that the Council approve the following actions
to implement the Affordable Housing Incentive Fund Pilot Program in the
total aggregate amount of $3 million: (1) by four separate resolutions,
conditionally commit $1,134,552 for Acacia Village, $895,448 for Benton
Veterans Village, $220,000 for Harris Place (formerly Comstock Place),
and $500,000 for Stonehouse Family Housing to assist the production
of affordable rental and ownership housing; and (2) by motion, reserve
$250,000 for affordable housing or homeless services to address
emerging needs.
Attachments: Staff Report
Attachment 1
Attachment 2
Resolution 1
Resolution 2
Resolution 3
Resolution 4
Presentation
Resolution 1_Redlined
Resolution 1_Revised
Resolution 3_Redlined
Resolution 3_Revised
Resolution 4_Revised
Resolution 4_Redlined
Resolution 1_Revised by Council (Redline)
Resolution 1_Revised by Council
City of Santa Rosa
Regular Meeting Minutes
Page 9 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
Presented by Frank Kasimov, Program Director.
Paula Cook spoke in support of the item.
David Harris spoke in support of the item.
Duane DeWitt spoke in support of the item with the exception of
including the grant.
Thomas Ells spoke in support of the item.
Robert Upton spoke in support of the item.
Craig Meltzner spoke in support of the item.
Peter Tscherneff spoke in support of the item.
A motion was made by Council Member Rogers, seconded by Council
Member Olivares, to waive reading of the text as amended to remove the
grant option and adopt:
RESOLUTION NO. RES-2017-79 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONDITIONAL
RESERVATION OF AFFORDABLE HOUSING INCENTIVE FUND PILOT
PROGRAM FUNDING IN THE AMOUNT OF $1,134,552 TO CAMPUS
PROPERTIES, LLC, TO PROVIDE FUNDING FOR PUBLIC
INFRASTRUCTURE IMPROVEMENTS TO FACILITATE THE
DEVELOPMENT OF SIX MODERATE INCOME AND 19 MARKET RATE
OWNERSHIP HOMES, LOCATED AT 746 ACACIA LANE (APN 182-520-050)
The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers, Council Member
Sawyer and Council Member Schwedhelm
A motion was made by Council Member Rogers, seconded by Council
Member Olivares, to waive reading of the text and adopt:
RESOLUTION NO. RES-2017-080 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONDITIONAL
COMMITMENT OF AFFORDABLE HOUSING INCENTIVE FUND PILOT
City of Santa Rosa
Regular Meeting Minutes
Page 10 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
PROGRAM FUNDING IN THE AMOUNT OF $895,448 TO COMMUNITY
HOUSING SONOMA COUNTY TO ASSIST WITH THE DEVELOPMENT OF
SIX EXTREMELY LOW-INCOME AND ONE LOW-INCOME RENTAL UNITS,
LOCATED AT 1055 BENTON STREET (APN 180-690-041)
The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers, Council Member
Sawyer and Council Member Schwedhelm
A motion was made by Council Member Rogers, seconded by Council
Member Olivares, to waive reading of the text and adopt:
RESOLUTION NO. RES-2017-81 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONDITIONAL
COMMITMENT OF AFFORDABLE HOUSING INCENTIVE FUND PILOT
PROGRAM FUNDING IN THE AMOUNT OF $220,000 TO HABITAT FOR
HUMANITY OF SONOMA COUNTY TO ASSIST WITH THE DEVELOPMENT
OF HARRIS PLACE (FORMERLY COMSTOCK PLACE), FOUR LOW-INCOME
OWNERSHIP HOMES, AND/OR TO PROVIDE DIRECT LOANS TO
LOW-INCOME HOMEBUYERS, LOCATED AT 2863 WEST STEELE LANE
(APN 015-533-046)
The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers, Council Member
Sawyer and Council Member Schwedhelm
A motion was made by Council Member Rogers, seconded by Council
Member Olivares, to waive reading of the text and adopt:
RESOLUTION NO. RES-2017-082 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONDITIONAL
RESERVATION OF AFFORDABLE HOUSING INCENTIVE FUND PILOT
PROGRAM FUNDING IN THE AMOUNT OF $500,000 TO ATHENA HOUSING
ASSOCIATES, LP, TO ASSIST WITH THE DEVELOPMENT OF 20
EXTREMELY LOWINCOME RENTAL UNITS, LOCATED AT 3331 SONOMA
HIGHWAY (APN 181-120-034)
The motion carried by the following vote:
Yes: 6 - Mayor Coursey, Council Member Combs, Council Member Olivares,
Council Member Rogers, Council Member Sawyer and Council
Member Schwedhelm
City of Santa Rosa
Regular Meeting Minutes
Page 11 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
Recused: 1 - Vice Mayor Tibbetts
A motion was made by Council Member Rogers, seconded by Council
Member Olivares, to reserve $250,000 for affordable housing or homeless
services to address emerging needs. The motion carried by the following
vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers, Council Member
Sawyer and Council Member Schwedhelm
Mayor Coursey recessed the meeting at 6:30 p.m. and reconvened the meeting at
6:44 p.m.
14.2 REPORT - PLAN BAY AREA 2040 DRAFT PLAN
BACKGROUND: An update of Plan Bay Area, the Bay Area’s
Sustainable Communities Strategy as required by Senate Bill 375,
is underway by the Metropolitan Transportation Commission and
the Association of Bay Area Governments. The purpose of this
item is to review the Plan Bay Area 2040 Draft Plan which has
recently been released.
RECOMMENDATION: It is recommended by the Planning and
Economic Development Department that the Council, by motion,
authorize the Mayor to sign a letter submitting comments to the
Metropolitan Transportation Commission and the Association of
Bay Area Governments regarding the Plan Bay Area 2040 Draft
Plan.
Attachments: Staff Report
Attachment 1 - Map of SR PDAs
Attachment 2 - Comments on Plan Bay Are 2040 Land Use and Transportation
Scenarios
Attachment 3 - Memo from MTC and ABAG PBA 2040 Draft Preferred Scenario
Attachment 4 - Goals and performance targets
Attachment 5 - Preferred Scenario Comment Letter 10-12-16
Attachment 6 - Plan Bay Area 2040 Draft Plan
Attachment 7 - Land Use Modeling Supplemental Report
Attachment 8 - Draft comment letter
Attachment 9 - ABAG-MTC Response Letter 12-29-16
Presentation
Presented by Jessica Jones, Supervising Planner.
A motion was made by Mayor Coursey, seconded by Council
Member Combs, to authorize the Mayor to sign a letter submitting
City of Santa Rosa
Regular Meeting Minutes
Page 12 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
comments to the Metropolitan Transportation Commission and the
Association of Bay Area Governments regarding the Plan Bay Area
2040 Draft Plan. The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member
Combs, Council Member Olivares, Council Member Rogers,
Council Member Sawyer and Council Member Schwedhelm
14.3 REPORT - URGENCY ORDINANCE TO IMPOSE TEMPORARY
MORATORIUM ON THE OUTDOOR CULTIVATION OF
CANNABIS FOR EITHER PERSONAL OR COMMERCIAL
PURPOSES (Continued from the May 2, 2017, Regular Meeting)
BACKGROUND: In an urban setting, the outdoor cultivation of
cannabis can create adverse impacts on surrounding neighbors,
including odor, security risks and environmental hazards. State
law allows local jurisdictions, at their discretion, to regulate, or
prohibit entirely, the outdoor cultivation of cannabis, whether for
personal use and/or commercial purposes.
Over the past year, the Council’s Medical Cannabis Policy
Subcommittee has been working with staff and with cannabis
industry stakeholders to develop comprehensive policies to
regulate medical cannabis businesses within the City limits. The
Subcommittee has recognized the potential adverse impacts of
outdoor cannabis cultivation and has recommended that the draft
policy include a ban on all outdoor growing of cannabis. The draft
policy is expected to be released for public review next month.
In the interim, state law and the City Code currently permit
outdoor cannabis cultivation under limited circumstances.
To best protect the public peace, health and safety while the City
completes the evaluation and public processing of the draft
comprehensive policy, a moratorium on all outdoor cultivation of
cannabis is proposed. The proposed moratorium will affect only
the outdoor cultivation of cannabis. The proposed moratorium will
not affect current state and local allowances for the personal use
or possession of cannabis, personal or commercial cultivation of
cannabis indoors or in greenhouses, or the manufacturing,
distribution or dispensing of medical cannabis
City of Santa Rosa
Regular Meeting Minutes
Page 13 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
The proposed moratorium is an urgency ordinance under
Government Code section 65858 that would go into effect
immediately upon enactment and last for an initial period of 45
days. If, after the initial period of 45 days, additional time is
necessary for the issue to be studied and regulations finalized,
Council may adopt a subsequent urgency ordinance to maintain
the moratorium in effect for up to an additional 10 months and 15
days. Under the City Charter, five affirmative votes are necessary
to adopt an urgency ordinance.
RECOMMENDATION: It is recommended by the Planning and
Economic Development Department that the Council (1) adopt an
urgency ordinance to impose a temporary moratorium on the
outdoor cultivation of cannabis, for either personal or commercial
purposes, to allow time for development of appropriate
regulations, and (2) direct staff to return to the Council on June
13, 2017 to present, for Council’s consideration, a written report
describing the measures taken to alleviate the condition leading
to the adoption of the urgency ordinance and to provide Council
an opportunity to determine whether to extend the temporary
moratorium on the outdoor cultivation of cannabis for an
additional 10 months and 15 days to allow additional time for
study and finalization of appropriate regulations.
Attachments: Staff Report
Attachment 1 - Correspondence
Ordinance
Presentation
Ordinance - Revised by Council (Redline)
Ordinance - Revised by Council
Presented by David Guhin, Director of Planning and Economic
Development.
PUBLIC COMMENT
Bob Hansen spoke in support of indoor cannabis cultivation.
Scott Smith spoke in opposition to the item.
A motion was made by Council Member Olivares, seconded by
Council Member Sawyer, to waive reading of the text and adopt:
City of Santa Rosa
Regular Meeting Minutes
Page 14 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
ORDINANCE ENTITLED: AN URGENCY AND INTERIM ORDINANCE
OF THE COUNCIL OF THE CITY OF SANTA ROSA IMPOSING A
FORTY-FIVE (45) DAY MORATORIUM ON THE OUTDOOR
CULTIVATION OF CANNABIS FOR PERSONAL USE OR
COMMERCIAL PURPOSES WITHIN THE CITY OF SANTA ROSA
The motion failed by the following vote:
Yes: 2 - Council Member Olivares and Council Member Sawyer
No: 5 - Mayor Coursey, Vice Mayor Tibbetts, Council Member
Combs, Council Member Rogers and Council Member
Schwedhelm
A motion was made by Council Member Combs, seconded by
Council Member Rogers, to waive reading of the text and adopt as
amended:
ORDINANCE NO. ORD-2017-010 ENTITLED: AN URGENCY AND
INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA
ROSA IMPOSING A FORTY-FIVE (45) DAY MORATORIUM ON THE
OUTDOOR CULTIVATION OF CANNABIS FOR COMMERCIAL
PURPOSES WITHIN THE CITY OF SANTA ROSA
The motion carried by the following vote:
Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member
Combs, Council Member Olivares, Council Member Rogers,
Council Member Sawyer and Council Member Schwedhelm
A motion was made by Council Member Combs, seconded by
Council Member Schwedhelm, to adopt an urgency and interim
ordinance of the Council of the City of Santa Rosa imposing a
forty-five (45) day limiting outdoor cultivation of cannabis for
residential purposes with two (2) plants within the City of Santa
Rosa. The motion failed by the following vote:
Yes: 2 - Council Member Combs and Council Member Schwedhelm
No: 5 - Mayor Coursey, Vice Mayor Tibbetts, Council Member
Olivares, Council Member Rogers and Council Member
Sawyer
15. PUBLIC HEARINGS - NONE.
City of Santa Rosa
Regular Meeting Minutes
Page 15 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
16. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)
16.1 MINOR CONTRACT AWARD - BRIDGE REPAIR - DECK TREATMENT
- Provided for information.
Attachments: Memo
16.2 LETTER OF OPPOSITION TO AB 1250 COUNTIES AND CITIES:
CONTRACTS FOR PERSONAL SERVICES - Provided for information.
Attachments: Letter
16.3 LETTER OF SUPPORT FOR SB 231 (HERTZBERG) LOCAL
GOVERNMENT: STORM WATER MANAGEMENT - For Council
action.
Attachments: Memo to Council
Letter of Support
SB 231
Item was continued to the June 6, 2017 meeting.
16.4 LETTER OF SUPPORT SONOMA LAND TRUST GRANT
APPLICATION FOR SOUTHEAST GREENWAY - For Council action.
Attachments: Letter from Mayor
A motion was made by Council Member Schwedhelm, seconded by
Council Member Rogers, to approve letter in support of Sonoma Land Trust
Grant application for Southeast Greenway. The motion carried by the
following vote:
Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs,
Council Member Olivares, Council Member Rogers and Council
Member Schwedhelm
Recused: 1 - Council Member Sawyer
17. PUBLIC COMMENTS ON NON-AGENDA MATTERS
Duane DeWitt spoke regarding Roseland annexation and in support
of Southwest Greenway.
Bob Hansen spoke regarding the need of public participation on the
cannabis cultivation item.
City of Santa Rosa
Regular Meeting Minutes
Page 16 of 16
City Council Regular Meeting Minutes - Final May 23, 2017
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]
19. ADJOURNMENT OF MEETING
Hearing no further business, Mayor Coursey adjourned the meeting
at 8:17 p.m. The next regularly scheduled meeting will take place on
June 6, 2017, at a time set by the Mayor.
Approved on: July 11, 2017
/s/
Daisy Gomez
City Clerk
Agenda
City Hall
City of Santa Rosa 100 Santa Rosa Ave
Santa Rosa, CA 95404
CITY COUNCIL
REGULAR MEETING AGENDA AND
SUMMARY REPORT
MAY 23, 2017
2:00 P.M. - CLOSED SESSION (MAYOR'S CONFERENCE ROOM)
4:00 P.M. - REGULAR SESSION (COUNCIL CHAMBER)
PUBLIC COMMENTS:
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.
Comments from the public on non-agenda items will be heard under Agenda
Items 13 and 17. 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. The first public comment period on non-agenda
items (Agenda Item 13) will begin no earlier than 5:00 p.m. and will be limited
to ten speakers selected randomly by the Mayor. Each speaker will be
allowed three minutes. Speakers who do not have an opportunity to speak
during this time will be allowed to make public comment under Agenda Item
17.
To address the Council you are requested to complete a yellow Speaker
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 Clerk directly by submitting your comments to 100 Santa
Rosa Avenue, Room 10, Santa Rosa 95404 or cityclerk@srcity.org.
2:00 P.M. (MAYOR'S CONFERENCE ROOM, ROOM 10)
1. CALL TO ORDER AND ROLL CALL
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Following the announcement of Closed Session items and prior to recess
into Closed Session, the public may speak up to three minutes on items to be
addressed in Closed Session.
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 2 of 11
City Council MAY 23, 2017
2.1 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Rhonda McKinnon, Interim
Human Resources Director, Art Hartinger and Adam Benson, Renne
Sloan Holtzman Sakai LLP, and Deborah Lauchner, Chief Financial
Officer.
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);
Executive Management (Employee Unit 10); Middle Management
(Employee Unit 11); Confidential (Employee Unit 12); Mechanics
(Employee Unit 13); City Attorney (Employee Unit 15); Santa Rosa
City Attorneys’ Association (Employee Unit 17), Santa Rosa
Management Association (Employee Unit 18).
2.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section
54956.9)
Name of Case: Timothy Aboudara, Jr. et al. v. City of Santa Rosa
Court Case No. USDC Northern District of CA 3:17-cv-01661
RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN
THE COUNCIL CHAMBER
3. STUDY SESSION - NONE.
Study Session items are items for in-depth discussion and possible direction
to staff. No action will be taken.
4:00 P.M. (CITY COUNCIL CHAMBER)
4. ANNOUNCEMENT OF ROLL CALL
5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 3 of 11
City Council MAY 23, 2017
6. PROCLAMATIONS/PRESENTATIONS
6.1 PRESENTATION - THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT 2016 HOUSING CHOICE VOUCHER PROGRAM
HIGH PERFORMER AWARD
Attachments Presentation
7. 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.
8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS
9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS
10. MAYOR'S/COUNCILMEMBERS’ REPORTS
10.1 MAYOR'S/COUNCILMEMBERS' SUBCOMMITTEE AND LIAISON
REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD
REPRESENTATIVE ON PENDING ISSUES, IF NEEDED)
10.1.1 Council Subcommittee Reports
10.1.2 Sonoma County Transportation Authority/Regional Climate
Protection Authority (SCTA/RCPA)
10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory
Committee
10.1.4 Association of Bay Area Governments (ABAG)
10.1.5 Sonoma County Agricultural Preservation and Open Space
District Advisory Committee
10.1.6 Sonoma Clean Power Authority (SCPA)
10.1.7 Sonoma County Waste Management Agency (SCWMA)
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 4 of 11
City Council MAY 23, 2017
10.1.8 Other
10.2 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS
This time is reserved for Council to discuss whether to place matters on a
future agenda for further discussion.
10.2.1 REQUEST FOR AGENDA ITEM TO CONSIDER AN URGENCY
ORDINANCE TO REMOVE THE LIMITED LIGHT INDUSTRIAL (LIL)
ZONING DISTRICT WHICH INCLUDES THE MAXWELL COURT
NEIGHBORHOOD FROM THE ALLOWABLE LAND USES IN THE
INTERIM ORDINANCE FOR CANNABIS CULTIVATION
BACKGROUND: At the May 16, 2017, City Council meeting, Vice
Mayor Tibbetts requested a future agenda item to consider an
urgency ordinance to remove the Limited Light Industrial (LIL) Zoning
District, which includes the Maxwell Court neighborhood, from the
eligible districts for cannabis cultivation use in the interim ordinance
for cannabis cultivation. Council Member Schwedhelm concurred.
11. APPROVAL OF MINUTES - NONE
12. CONSENT ITEMS
12.1 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL
HOMELESS EMERGENCY
RECOMMENDATION: It is recommended by the Housing and
Community Services Department that the Council, by resolution, approve
an extension of Resolution No. 28839 which formally proclaimed a local
homeless emergency within Santa Rosa.
Attachments Staff Report
Resolution
Presentation
12.2 RESOLUTION - CONTRACT AWARD - BROADCAST MEDIA
EQUIPMENT RACK
RECOMMENDATION: It is recommended by the Finance and
Information Technology Departments, that the Council, by resolution,
approve contract award for a broadcast media equipment rack,
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 5 of 11
City Council MAY 23, 2017
installation setup, training, and warranty services for the Council media
room to Mark Latimer & Associates, Inc. dba Coda Technology Group,
Petaluma, CA, in the total amount not to exceed $161,003.14.
Attachments Staff Report
Resolution
Exhibit A
Presentation
12.3 RESOLUTION - RESOLUTION OF LOCAL SUPPORT FOR THE
FEDERAL TRANSIT ADMINISTRATION LOW OR NO EMISSION BUS
DISCRETIONARY GRANT PROGRAM APPLICATION
RECOMMENDATION: It is recommended by the Transportation and
Public Works Department that the Council, by resolution, support and
authorize the City Manager or designee to execute and submit a joint City
of Santa Rosa/Sonoma County Transit grant application with the Federal
Transit Administration under the Federal Transit Administration Low or
No Emission Bus Discretionary Grant Program for the purchase of
electric buses, charging equipment and required infrastructure upgrades.
Attachments Staff Report
Resolution
Presentation
12.4 RESOLUTION - THIRD AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT WITH ECONOMIC AND PLANNING SYSTEMS, INC.,
FOR PROJECT MANAGEMENT AND TECHNICAL SUPPORT
RELATED TO THE HOUSING ACTION PLAN
RECOMMENDATION: It is recommended by the Planning and Economic
Development Department that the Council, by resolution, approve a third
amendment to professional services agreement with Economic and
Planning Systems, Inc., of Oakland, CA, adding an additional amount of
$63,425.00 for a total contracted amount of $194,805.00, providing for
the completion of project management and technical support efforts
related to refining, completing and measuring the results of the Housing
Action Plan.
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 6 of 11
City Council MAY 23, 2017
Attachments Staff Report
Resolution
Exhibit A - Third Amendment to Professional Services Agreement
Presentation
13. PUBLIC COMMENT 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. This public comment period will begin no earlier than 5:00 p.m.
and will be limited to ten speakers selected randomly by the Mayor. Each
speaker will be allowed three minutes. Speakers who do not have an
opportunity to speak during this time will be allowed to make public comment
under Agenda Item 17.
14. REPORT ITEMS
14.1 REPORT - AFFORDABLE HOUSING INCENTIVE FUND PILOT
PROGRAM FUNDING RECOMMENDATIONS
BACKGROUND: Faced with a significant housing shortage and
prolonged financial and market effects of the recent recession, the City
Council approved a Housing Action Plan that addresses how to increase
housing production and achieve a goal of Housing for All. As an early
step in implementing the Housing Action Plan, the Council initiated the
Affordable Housing Incentive Fund Pilot Program (“AHIFPP”) funded with
$3 million from General Fund Reserves. The AHIFPP objective is to
incentivize the production or preservation of the most affordable housing
in the shortest timeframe, utilizing the least amount of City funds,
targeted to the lowest income level for the longest time period.
The City received eight applications seeking all or part of the $3 million in
response to a Notice of Funding Availability (“NOFA”). Funding
recommendations were made by a review team consisting of Vice-Mayor
Tibbetts, Councilmember Rogers and staff from the Housing and
Community Services Department (“HCS”), Planning and Economic
Development Department (“PED”) and the City Attorney’s Office (“CAO”).
The reviewers recommend that four applications receive funding
consistent with the AHIFPP and the Housing Action Plan for a total of
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 7 of 11
City Council MAY 23, 2017
$2,750,000 to incentivize development of 27 rental units, mostly for
extremely low-income households, four ownership homes for low-income
families, and 6 ownership homes for moderate-income families together
with 19 market rate homes for a total of 56 new housing units. The
Council may reserve the remaining $250,000 to address affordable
housing or homeless services emerging needs.
RECOMMENDATION: It is recommended by the Housing and
Community Services Department and the Planning and Economic
Development Department that the Council approve the following actions
to implement the Affordable Housing Incentive Fund Pilot Program in the
total aggregate amount of $3 million: (1) by four separate resolutions,
conditionally commit $1,134,552 for Acacia Village, $895,448 for Benton
Veterans Village, $220,000 for Harris Place (formerly Comstock Place),
and $500,000 for Stonehouse Family Housing to assist the production of
affordable rental and ownership housing; and (2) by motion, reserve
$250,000 for affordable housing or homeless services to address
emerging needs.
Attachments Staff Report
Attachment 1
Attachment 2
Resolution 1
Resolution 2
Resolution 3
Resolution 4
Presentation
14.2 REPORT - PLAN BAY AREA 2040 DRAFT PLAN
BACKGROUND: An update of Plan Bay Area, the Bay Area’s
Sustainable Communities Strategy as required by Senate Bill 375, is
underway by the Metropolitan Transportation Commission and the
Association of Bay Area Governments. The purpose of this item is to
review the Plan Bay Area 2040 Draft Plan which has recently been
released.
RECOMMENDATION: It is recommended by the Planning and Economic
Development Department that the Council, by motion, authorize the
Mayor to sign a letter submitting comments to the Metropolitan
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 8 of 11
City Council MAY 23, 2017
Transportation Commission and the Association of Bay Area
Governments regarding the Plan Bay Area 2040 Draft Plan.
Attachments Staff Report
Attachment 1 - Map of SR PDAs
Attachment 2 - Comments on Plan Bay Are 2040 Land Use and Transportation Sce
Attachment 3 - Memo from MTC and ABAG PBA 2040 Draft Preferred Scenario
Attachment 4 - Goals and performance targets
Attachment 5 - Preferred Scenario Comment Letter 10-12-16
Attachment 6 - Plan Bay Area 2040 Draft Plan
Attachment 7 - Land Use Modeling Supplemental Report
Attachment 8 - Draft comment letter
Attachment 9 - ABAG-MTC Response Letter 12-29-16
Presentation
14.3 REPORT - URGENCY ORDINANCE TO IMPOSE TEMPORARY
MORATORIUM ON THE OUTDOOR CULTIVATION OF CANNABIS
FOR EITHER PERSONAL OR COMMERCIAL PURPOSES (Continued
from the May 2, 2017, Regular Meeting)
BACKGROUND: In an urban setting, the outdoor cultivation of cannabis
can create adverse impacts on surrounding neighbors, including odor,
security risks and environmental hazards. State law allows local
jurisdictions, at their discretion, to regulate, or prohibit entirely, the
outdoor cultivation of cannabis, whether for personal use and/or
commercial purposes.
Over the past year, the Council’s Medical Cannabis Policy Subcommittee
has been working with staff and with cannabis industry stakeholders to
develop comprehensive policies to regulate medical cannabis
businesses within the City limits. The Subcommittee has recognized the
potential adverse impacts of outdoor cannabis cultivation and has
recommended that the draft policy include a ban on all outdoor growing
of cannabis. The draft policy is expected to be released for public review
next month.
In the interim, state law and the City Code currently permit outdoor
cannabis cultivation under limited circumstances.
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 9 of 11
City Council MAY 23, 2017
To best protect the public peace, health and safety while the City
completes the evaluation and public processing of the draft
comprehensive policy, a moratorium on all outdoor cultivation of
cannabis is proposed. The proposed moratorium will affect only the
outdoor cultivation of cannabis. The proposed moratorium will not affect
current state and local allowances for the personal use or possession of
cannabis, personal or commercial cultivation of cannabis indoors or in
greenhouses, or the manufacturing, distribution or dispensing of medical
cannabis
The proposed moratorium is an urgency ordinance under Government
Code section 65858 that would go into effect immediately upon
enactment and last for an initial period of 45 days. If, after the initial
period of 45 days, additional time is necessary for the issue to be studied
and regulations finalized, Council may adopt a subsequent urgency
ordinance to maintain the moratorium in effect for up to an additional 10
months and 15 days. Under the City Charter, five affirmative votes are
necessary to adopt an urgency ordinance.
RECOMMENDATION: It is recommended by the Planning and Economic
Development Department that the Council (1) adopt an urgency
ordinance to impose a temporary moratorium on the outdoor cultivation
of cannabis, for either personal or commercial purposes, to allow time for
development of appropriate regulations, and (2) direct staff to return to
the Council on June 13, 2017 to present, for Council’s consideration, a
written report describing the measures taken to alleviate the condition
leading to the adoption of the urgency ordinance and to provide Council
an opportunity to determine whether to extend the temporary moratorium
on the outdoor cultivation of cannabis for an additional 10 months and 15
days to allow additional time for study and finalization of appropriate
regulations.
Attachments Staff Report
Attachment 1 - Correspondence
Ordinance
Presentation
15. PUBLIC HEARINGS - NONE.
16. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION)
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 10 of 11
City Council MAY 23, 2017
16.1 MINOR CONTRACT AWARD - BRIDGE REPAIR - DECK TREATMENT
- Provided for information.
Attachments Memo
16.2 LETTER OF OPPOSITION TO AB 1250 COUNTIES AND CITIES:
CONTRACTS FOR PERSONAL SERVICES - Provided for information.
Attachments Letter
16.3 LETTER OF SUPPORT FOR SB 231 (HERTZBERG) LOCAL
GOVERNMENT: STORM WATER MANAGEMENT - For Council action.
Attachments Memo to Council
Letter of Support
SB 231
16.4 LETTER OF SUPPORT SONOMA LAND TRUST GRANT
APPLICATION FOR SOUTHEAST GREENWAY - For Council action.
Attachments Letter from Mayor
17. 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 will be allowed three minutes.
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]
19. ADJOURNMENT OF MEETING
20. UPCOMING MEETINGS
This schedule is tentative and subject to change pending final publication
and posting of the City Council Meeting Agenda.
20.1 UPCOMING MEETINGS LIST
Attachments Upcoming Meetings List
*Did not appear on the preliminary agenda.
**Quasi-judicial or adjudicative action.
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 11 of 11
City Council MAY 23, 2017
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 Office at 543-3015 or cityclerk@srcity.org one week prior to the meeting. TDD
543-3063
Meeting information can also be accessed via the internet at http://srcity.org
Any writings or documents provided to a majority of the City Council prior to this meeting regarding any item on
this agenda, excluding closed session items, are available for public review in the City Clerk's Office, Room 10,
City Hall, 100 Santa Rosa Ave, during normal business hours.
Get email alerts for Santa Rosa
A daily email when new agendas and minutes are posted.