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City Council

Regular Meeting

Santa Rosa, CA · May 8, 2018

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Minutes

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, May 8, 2018 3:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Coursey called the closed session meeting at 3:05 p.m. Present: 5 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member John Sawyer and Council Member Jack Tibbetts Absent: 2 - Council Member Ernesto Olivares and Council Member Tom Schwedhelm 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Coursey recessed the meeting to closed session at 3:05 p.m. to discuss Item 2.1 as listed on the agenda: 2.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: In the Matter of Kaiser Sand and Gravel and BoDean Company, Inc. Court Case No. Office of Administrative Hearings, OAH Case Nos. 2017020051 and 2017030963 Mayor Coursey adjourned the closed session at 3:55 p.m. and reconvened the meeting to open session in the Council Chamber at 4:10 p.m. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL Present: 5 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member John Sawyer and Council Member Jack Tibbetts Absent: 2 - Council Member Ernesto Olivares and Council Member Tom Schwedhelm 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS City of Santa Rosa Regular Meeting Minutes Page 2 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 6.1 PROCLAMATION - COMMUNITY ACTION MONTH Attachments: Proclamation Council Member Combs read and presented the proclamation to Susan Cooper and the Community Action Partnership team. PUBLIC COMMENT Peter Tscherneff spoke in support of the proclamation. 6.2 PROCLAMATION - PEACE OFFICER’S MEMORIAL DAY Attachments: Proclamation Council Member Tibbetts read and presented the proclamation to Police Chief Schreeder. PUBLIC COMMENT Peter Tscherneff spoke in support of the proclamation. 7. STAFF BRIEFINGS 7.1 FIRE RECOVERY AND REBUILD UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. A brief report was provided by Paul Lowenthal, Assistant Fire Marshall. PUBLIC COMMENT Peter Tscherneff spoke in support of helping the homeless. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager McGlynn provided a brief report on the Office of Community Engagement's Violence Prevention Partnership and its 2nd Annual Parent Engagement Month and a series of citywide events to support Santa Rosa parents of at-risk youth. City of Santa Rosa Regular Meeting Minutes Page 3 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS There were no abstentions made. 10. MAYOR'S/COUNCILMEMBERS’ REPORTS The Mayor and Council Members made announcements and reports of interest to the Council. Council Member Tibbetts requested a future agenda item to discuss a direct review ordinance process. Vice Mayor Rogers concurred. Council Member Tibbetts requested a future study session item to discuss a Climate Action Plan and CALGreen Tier 1 All Electric Building Codes. Council Member Combs concurred. Mayor Coursey announced his appointment of Matt Mullan to the Board of Public Utilities. 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 Council Member Combs provided a brief report on CASA and provided an action plan from the Committee to House the Bay Area. Mayor Coursey provided brief reports on the Downtown Subcommittee and the Joint Build/Rebuild Ad-Hoc Subcommittee. 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 City of Santa Rosa Regular Meeting Minutes Page 4 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 10.1.6 Sonoma Clean Power Authority (SCPA) 10.1.7 Sonoma County Waste Management Agency (SCWMA) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Other 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS PUBLIC COMMENT Peter Tscherneff spoke in opposition to Item 12.3 and in support of Item 12.1. Adrien Shader spoke in support of Item 12.1. Approval of the Consent Agenda A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Items 12.1 through 12.7, with the exception of Item 12.5. The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Sawyer and Council Member Tibbetts Absent: 2 - Council Member Olivares and Council Member Schwedhelm 12.1 MOTION - FARE-FREE CITYBUS SERVICE FOR IRONMAN SANTA ROSA RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, approve fare-free operations on Santa Rosa CityBus on Saturday, May 12, 2018, given anticipated service disruptions due to the IRONMAN Santa Rosa event, and to promote use of transit as a means to reduce traffic congestion associated with the event. Attachments: Staff Report Presentation RECOMMENDATION It is recommended by the Transportation and Public Works Department that City of Santa Rosa Regular Meeting Minutes Page 5 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 the Council, by motion, approve fare-free operations on Santa Rosa CityBus on Saturday, May 12, 2018, given anticipated service disruptions due to the IRONMAN Santa Rosa event, and to promote use of transit as a means to reduce traffic congestion associated with the event. 12.2 RESOLUTION - AMENDMENT NO. 1 TO MEASURE M COOPERATIVE FUNDING AGREEMENT NO. M70106-05 WITH THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) FOR THE SANTA ROSA CREEK TRAIL - DUTTON AVENUE ACCESS (WEST SIDE) PROJECT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve Amendment No.1 to Measure M Cooperative Funding Agreement No. M70106-05 between the Sonoma County Transportation Authority (SCTA) and the City of Santa Rosa for the Santa Rosa Creek Trail - Dutton Avenue Access (west side) project. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-068 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 1 TO MEASURE M COOPERATIVE FUNDING AGREEMENT NO. M70106-05 WITH SONOMA COUNTY TRANSPORTATION AUTHORITY FOR THE SANTA ROSA CREEK TRAIL - DUTTON AVENUE ACCESS (WEST SIDE) PROJECT 12.3 RESOLUTION - APPROVAL OF GENERAL SERVICES AGREEMENT - TREE CARE SERVICES RECOMMENDATION: It is recommended by the Finance, Recreation and Parks, Parking, Transportation and Public Works, and Water Departments that the Council, by resolution, approve a one-year General Services Agreement, No. F001690, with four (4) one-year renewal options for tree care services to Arboricultural Specialties, Inc., Berkeley, CA, in an amount not to exceed $600,000. City of Santa Rosa Regular Meeting Minutes Page 6 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-069 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A GENERAL SERVICES AGREEMENT FOR TREE CARE SERVICES WITH ARBORICULTURAL SPECIALTIES, INC. IN AN AMOUNT NOT TO EXCEED $600,000 12.4 RESOLUTION - REVISION OF AUTOMATED LICENSE PLATE RECOGNITION PRIVACY AND USAGE POLICY RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve amended Council Policy 400-04, Automated License Plate Recognition User Rules and Privacy Agreement Policy, to reflect recent case law, to exempt automated license plate data from public disclosure and to address occupancy data collection. Attachments: Staff Report Attachment 1 Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-070 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING COUNCIL POLICY 400-04 - AUTOMATED LICENSE PLATE RECOGNITION USER RULES AND PRIVACY AGREEMENT POLICY 12.5 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - ADDING SECTIONS 20-16.060 THROUGH 20-16.090 TO CHAPTER 20-16, RESILIENT CITY DEVELOPMENT MEASURES, TO ADDRESS HOUSING NEEDS AND ECONOMIC DEVELOPMENT WITHIN THE CITY OF SANTA ROSA FOLLOWING THE TUBBS AND NUNS FIRES OF OCTOBER 2017 - FILE NUMBER REZ17-013 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, City of Santa Rosa Regular Meeting Minutes Page 7 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Regular Meeting by a 5-2 vote (Vice Mayor Rogers and Council Member Combs voting No), adds Sections 20-16.060 through 20-16.090 to Chapter 20-16, Resilient City Development Measures, to address housing needs and economic development within the City of Santa Rosa following the Tubbs and Nuns fires of October 2017 - File Number REZ17-013. Attachments: Ordinance Item was continued to the May 22, 2018, meeting. 12.6 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE BY RECLASSIFYING THE PROPERTIES LOCATED AT 376, 380, 386 AND 414 YOLANDA AVENUE TO THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, FILE NO. REZ17-011 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, Regular Meeting by a unanimous vote, amends Title 20 of the Santa Rosa City Code by reclassifying the properties located at 376, 380, 386 and 414 Yolanda Avenue to the IL (Light Industrial) Zoning District, File No. REZ17-011. Attachments: Ordinance This Consent - Ordinance was adopted. ORDINANCE NO. ORD-2018-008 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE BY RECLASSIFYING THE PROPERTIES LOCATED AT 376, 380, 386 AND 414 YOLANDA AVENUE TO THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, FILE NO. REZ17-011 12.7 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTIES LOCATED AT 43, 77, AND 91 MIDDLE RINCON ROAD AND 4785, 4801, 4847, AND 4865 HIGHWAY 12 TO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS; ASSESSOR’S PARCEL NUMBERS 182-540-020, -021, -022, -023, -024, -025, -026, -027, -028; FILE NO. ANX17-003 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, Regular Meeting by a unanimous vote, prezones the properties located City of Santa Rosa Regular Meeting Minutes Page 8 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 at 43, 77, and 91 Middle Rincon Road and 4785, 4801, 4847, and 4865 Highway 12 to the R-1-6 (Single-Family Residential) and CG (General Commercial) Zoning Districts; Assessor’s Parcel Numbers 182-540-020, -021, -022, -023, -024, -025, -026, -027, -028; File No. ANX17-003. Attachments: Ordinance This Consent - Ordinance was adopted. ORDINANCE NO. ORD-2018-009 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTIES LOCATED AT 43, 77, AND 91 MIDDLE RINCON ROAD AND 4785, 4801, 4847, AND 4865 HIGHWAY 12 TO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS; ASSESSOR’S PARCEL NUMBERS 182-540-020, -021, -022, -023, -024, -025, -026, -027, -028; FILE NO. ANX17-003 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Bob Harder spoke in support of City staff relating to fire recovery efforts; in opposition of recovery permit process; and provided handouts. Elizabeth Neylon spoke regarding an inoperable public telephone at the transit mall; and of the homeless. Jack Buckhorn, Executive Director of North Bay Labor Council, spoke regarding the noise complaints filed against Bodean; and in support of administrative hearing for public input. Michael Allen, Sonoma County Conservation Action and Accountable Development Coalition, spoke regarding the noise complaints filed against Bodean, and in support of providing updates to the neighbors. Bob Hansen spoke regarding homelessness; and in opposition of new housing developments. Allen Thomas spoke regarding the noise complaints filed against Bodean, and in support of providing updates to the neighbors. City of Santa Rosa Regular Meeting Minutes Page 9 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Pat N. spoke regarding the concerns of the homeless conditions. Kevin Conway spoke in support of a Climate Action Plan and decarbonization. Dennis Keith Hale spoke in support of providing homes for the homeless; and the concerns of the homeless conditions. Peter Tscherneff spoke regarding various topics. 14. REPORT ITEMS 14.1 REPORT - URGENCY ORDINANCES - RESILIENT CITY (-RC) COMBINING DISTRICT BACKGROUND: Beginning on the evening of October 8, 2017, and continuing for days thereafter, a series of wildfire events damaged or destroyed thousands of residential and commercial structures within the City of Santa Rosa. On October 13, 2017, the City Council ratified a proclamation of local emergency in the City of Santa Rosa. To facilitate and expedite the reconstruction process, on October 24, 2017, the Council adopted an urgency ordinance establishing the Resilient City (-RC) Combining Zoning District, to be applied to the base zoning of each property most severely impacted by the Fires. As field surveys and new information became available, twenty-one additional properties with destroyed or damaged structures were identified outside of the -RC Combining Zoning District boundaries. As a result, an urgency ordinance was prepared to add the -RC District to the base zoning district for these properties. Also proposed is an urgency ordinance to amend Section 20-28.100, -RC Combining District, to add the option for applying residential small lot development standards for parcels less than 6,000 square-feet and within the -RC Combining District. The proposed urgency ordinances would be effective immediately upon enactment. Under the City Charter, five affirmative votes are necessary to adopt an urgency ordinance. RECOMMENDATION: It is recommended by the Planning and City of Santa Rosa Regular Meeting Minutes Page 10 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Economic Development Department that the Council 1) adopt an urgency ordinance amending Title 20 of the Santa Rosa City Code, adding residential small lot development standards to the Resilient City (-RC) Combining District; and 2) adopt an urgency ordinance reclassifying twenty-one additional properties, directly impacted by the Tubbs and Nuns Fires of October 2017, to the Resilient City (-RC) Combining District. Attachments: Staff Report Attachment 1 – Letter from Curt Nichols, dated April 2, 2018 Attachment 2 - Community Correspondence Urgency Ordinance 1 - RC Combining District APNs Urgency Ordinance 2 - RC Combining District Small Lots Presentation Presented by Jessica Jones, Supervising Planner. PUBLIC COMMENT Mary Lou Erickson spoke in opposition to the item. Michael Titone spoke in support of homeless encampments. Mayor Coursey recessed the meeting at 5:59 p.m. meeting and reconvened at 6:28 p.m. A motion was made by Council Member Tibbetts, seconded by Council Member Combs, to waive reading of the text and adopt: ORDINANCE NO. ORD-2018-010 ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – RECLASSIFICATION OF TWENTY-ONE ADDITIONAL PROPERTIES DIRECTLY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017 TO ADD THE RESILIENT CITY (-RC) COMBINING DISTRICT TO THE BASE ZONING DISTRICT OF EACH PARCEL TO FACILITATE REBUILDING AND IMPLEMENT RESILIENCY INITIATIVES The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Sawyer and Council Member Tibbetts Absent: 2 - Council Member Olivares and Council Member Schwedhelm City of Santa Rosa Regular Meeting Minutes Page 11 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 A motion was made by Council Member Tibbetts, seconded by Council Member Sawyer, to waive reading of the text and adopt: ORDINANCE ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – AMENDING SECTION 20- 28.100, RESILIENT CITY (–RC) COMBINING DISTRICT, TO ADD SMALL LOT SUBDIVISION STANDARDS FOR PARCELS LESS THAN 6,000 SQUARE-FEET TO FACILITATE REBUILDING AND IMPLEMENT RESILIENCY INITIATIVES TO THOSE PARTS OF THE CITY OF SANTA ROSA MOST SEVERELY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017 The motion failed by the following vote: Yes: 3 - Vice Mayor Rogers, Council Member Sawyer and Council Member Tibbetts No: 2 - Mayor Coursey and Council Member Combs Absent: 2 - Council Member Olivares and Council Member Schwedhelm 14.2 REPORT - AMENDMENT OF COUNCIL POLICY 000-15 - POLICY STATEMENT TAX-EXEMPT REVENUE BOND REQUESTS BACKGROUND: At the direction of the California Debt Limit Allocation Committee (“CDLAC”) and the City’s outside bond counsel, Jones Hall, the City must adopt updated bond issuance procedures and post-issuance compliance procedures to be eligible to receive bond allocations for multifamily rental housing and certain other purposes. The policies guide the process of issuing private activity bonds and ensuring post-issuance compliance including a description of the fee structure, application and approval process, and monitoring and compliance practices. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, amend Council Policy 000-15 - Policy Statement Tax-Exempt Bond Requests. Attachments: Staff Report Attachment 1 Resolution Exhibit A Presentation Presented by Frank Kasimov, Program Specialist with Housing and City of Santa Rosa Regular Meeting Minutes Page 12 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Community Services. PUBLIC COMMENT Merlin Davis spoke in opposition to the item. June Brashares requested for clarification on the item to be provided to the public; spoke in opposition to bond measures and eviction notices. A motion was made by Vice Mayor Rogers, seconded by Council Member Combs, to waive reading of the text and adopt: RESOLUTION NO. RES-2018-071 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING COUNCIL POLICY 000-15 POLICY STATEMENT – TAX-EXEMPT REVENUE BOND REQUESTS The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Sawyer and Council Member Tibbetts Absent: 2 - Council Member Olivares and Council Member Schwedhelm 14.3 REPORT - PARKING CITATION PAYMENT PLAN FEES BACKGROUND: The California Vehicle Code was amended by Assembly Bill 503 (AB 503) which goes into effect July 1, 2018. AB 503 requires agencies to offer a parking citation payment plan to indigent people prior to sending an indigent person’s delinquent parking penalties to the Department of Motor Vehicles (DMV) registration hold program. The City of Santa Rosa is taking the necessary steps to create a payment plan that complies with AB 503 to continue utilizing the DMV registration hold program. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, adopt the revised Schedule of Parking Fines and Penalties to: (1) establish processing fees for parking citation payment plans, and (2) comply with Assembly Bill 503. Attachments: Staff Report Resolution Exhibit A Presentation City of Santa Rosa Regular Meeting Minutes Page 13 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 Presented by Kevin Buchanan, Administrative Analyst, and Kim Nadeau, Parking Manager. PUBLIC COMMENT Thomas Ells spoke in support of the item. Carolyn Epple spoke in support of the item. Merlin Davis spoke in support of the item. A motion was made by Council Member Sawyer, seconded by Vice Mayor Rogers, to waive reading of the text and adopt: RESOLUTION NO. RES-2018-072 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING A REVISED SCHEDULE OF PARKING FINES AND PENALTIES The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Sawyer and Council Member Tibbetts Absent: 2 - Council Member Olivares and Council Member Schwedhelm 14.4 REPORT - URGENCY ORDINANCE AMENDING SECTION 10-44.040 OF THE SANTA ROSA CITY CODE TO EXTEND THE TEMPORARY PROHIBITION ON RENTAL HOUSING PRICE GOUGING THROUGH DECEMBER 4, 2018 BACKGROUND: Beginning on the evening of October 8, 2017 and continuing for days thereafter, a series of wildfire events damaged or destroyed thousands of residential and commercial structures within the City of Santa Rosa. Soon thereafter, City officials were alerted to price gouging in rental housing within the City. To address this issue, the Council adopted Urgency Ordinance ORD-2017-020 adding Chapter 10-44 to the City Code. The Ordinance established a temporary prohibition on rental housing price gouging as well as temporary restrictions on tenant evictions. By its own terms, the Ordinance remained in effect until April 18, 2018. This urgency ordinance would amend Section 10-44.040 to extend the City of Santa Rosa Regular Meeting Minutes Page 14 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 term of the prohibition on rental housing price gouging and the restrictions on tenant evictions through December 4, 2018. Under the City Charter, five affirmative votes are necessary to adopt an urgency ordinance RECOMMENDATION: Pursuant to Council request, it is recommended by the City Attorney that the Council consider adoption of an urgency ordinance to amend Section 10-44.040 of the Santa Rosa City Code, to extend the term of the City’s prohibition on rental housing price gouging through December 4, 2018. Attachments: Staff Report Ordinance Ordinance_Redlined Ordinance_Revised Presentation (Added 5.8.18) Presented by Sue Gallagher, City Attorney. PUBLIC COMMENT Adrien Shader spoke in support of the item. Michael Titone spoke in support of the item. Thomas Ells spoke in support of the item. A motion was made by Council Member Combs, seconded by Vice Mayor Rogers, to waive reading of the text and adopt as amended: ORDINANCE NO. ORD-2018-011 ENTITLED: AN URGENCY AND INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 10-44 OF THE SANTA ROSA CITY CODE TO EXTEND THE PROHIBITION ON RENTAL HOUSING PRICE GOUGING UNTIL DECEMBER 4, 2018, OR SO LONG AS THE STATE DECLARATION OF THE EMERGENCY REMAINS IN EFFECT WHICHEVER IS LATER The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Sawyer and Council Member Tibbetts Absent: 2 - Council Member Olivares and Council Member Schwedhelm 15. PUBLIC HEARINGS - NONE. City of Santa Rosa Regular Meeting Minutes Page 15 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 16. WRITTEN COMMUNICATIONS 16.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES ATTENDANCE REPORT - Provided for information. Attachments: Report This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Thomas Ells spoke regarding different faith practices. June Brashares spoke in support of homeless encampments. Michael Titone spoke regarding misrepresentation of information in the press. Carolyn Epple spoke regarding the Americans with Disabilities Act rights being violated in the chamber. Kathryn Jurik spoke in support of having media outlets provided to the public, and in support of homeless encampments. Annette Pierson spoke in support of the homeless encampments at the Joe Rodota trail. Adrien Shader spoke in support of the homeless encampments at the Joe Rodota trail. Brad Pipal spoke regarding various topics of occurrences. Merlin Davis spoke regarding a police state. Dana Bellwether spoke regarding police brutality. Steve spoke in support of the homeless encampments. Bob Hansen spoke in support of City officials and community. City of Santa Rosa Regular Meeting Minutes Page 16 of 16 City Council Regular Meeting Minutes - Final May 8, 2018 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 7:42 p.m. The next regularly scheduled meeting will take place on May 15, 2018, at a time set by the Mayor. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: List This item was received and filed. Approved on: August 7, 2018 /s/ Daisy Gomez, City Clerk

Agenda

City Hall, Council City of Santa Rosa Chamber 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL REGULAR MEETING AGENDA AND SUMMARY REPORT MAY 8, 2018 3:00 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. 3:00 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 8, 2018 2.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: In the Matter of Kaiser Sand and Gravel and BoDean Company, Inc. Court Case No. Office of Administrative Hearings, OAH Case Nos. 2017020051 and 2017030963 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 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - COMMUNITY ACTION MONTH Attachments: Proclamation 6.2 PROCLAMATION - PEACE OFFICER’S MEMORIAL DAY Attachments: Proclamation 7. STAFF BRIEFINGS 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. 7.1 FIRE RECOVERY AND REBUILD UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 3 of 11 City Council MAY 8, 2018 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) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Other 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS 12.1 MOTION - FARE-FREE CITYBUS SERVICE FOR IRONMAN SANTA ROSA RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, approve fare-free operations on Santa Rosa CityBus on Saturday, May 12, 2018, given City of Santa Rosa Regular Meeting Agenda and Summary Report Page 4 of 11 City Council MAY 8, 2018 anticipated service disruptions due to the IRONMAN Santa Rosa event, and to promote use of transit as a means to reduce traffic congestion associated with the event. Attachments: Staff Report Presentation 12.2 RESOLUTION - AMENDMENT NO. 1 TO MEASURE M COOPERATIVE FUNDING AGREEMENT NO. M70106-05 WITH THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) FOR THE SANTA ROSA CREEK TRAIL - DUTTON AVENUE ACCESS (WEST SIDE) PROJECT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve Amendment No.1 to Measure M Cooperative Funding Agreement No. M70106-05 between the Sonoma County Transportation Authority (SCTA) and the City of Santa Rosa for the Santa Rosa Creek Trail - Dutton Avenue Access (west side) project. Attachments: Staff Report Resolution Exhibit A Presentation 12.3 RESOLUTION - APPROVAL OF GENERAL SERVICES AGREEMENT - TREE CARE SERVICES RECOMMENDATION: It is recommended by the Finance, Recreation and Parks, Parking, Transportation and Public Works, and Water Departments that the Council, by resolution, approve a one-year General Services Agreement, No. F001690, with four (4) one-year renewal options for tree care services to Arboricultural Specialties, Inc., Berkeley, CA, in an amount not to exceed $600,000. Attachments: Staff Report Resolution Exhibit A Presentation 12.4 RESOLUTION - REVISION OF AUTOMATED LICENSE PLATE City of Santa Rosa Regular Meeting Agenda and Summary Report Page 5 of 11 City Council MAY 8, 2018 RECOGNITION PRIVACY AND USAGE POLICY RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve amended Council Policy 400-04, Automated License Plate Recognition User Rules and Privacy Agreement Policy, to reflect recent case law, to exempt automated license plate data from public disclosure and to address occupancy data collection. Attachments: Staff Report Attachment 1 Resolution Exhibit A Presentation 12.5 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - ADDING SECTIONS 20-16.060 THROUGH 20-16.090 TO CHAPTER 20-16, RESILIENT CITY DEVELOPMENT MEASURES, TO ADDRESS HOUSING NEEDS AND ECONOMIC DEVELOPMENT WITHIN THE CITY OF SANTA ROSA FOLLOWING THE TUBBS AND NUNS FIRES OF OCTOBER 2017 - FILE NUMBER REZ17-013 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, Regular Meeting by a 5-2 vote (Vice Mayor Rogers and Council Member Combs voting No), adds Sections 20-16.060 through 20-16.090 to Chapter 20-16, Resilient City Development Measures, to address housing needs and economic development within the City of Santa Rosa following the Tubbs and Nuns fires of October 2017 - File Number REZ17-013. Attachments: Ordinance 12.6 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE BY RECLASSIFYING THE PROPERTIES LOCATED AT 376, 380, 386 AND 414 YOLANDA AVENUE TO THE IL (LIGHT INDUSTRIAL) ZONING DISTRICT, FILE NO. REZ17-011 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, City of Santa Rosa Regular Meeting Agenda and Summary Report Page 6 of 11 City Council MAY 8, 2018 Regular Meeting by a unanimous vote, amends Title 20 of the Santa Rosa City Code by reclassifying the properties located at 376, 380, 386 and 414 Yolanda Avenue to the IL (Light Industrial) Zoning District, File No. REZ17-011. Attachments: Ordinance 12.7 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTIES LOCATED AT 43, 77, AND 91 MIDDLE RINCON ROAD AND 4785, 4801, 4847, AND 4865 HIGHWAY 12 TO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS; ASSESSOR’S PARCEL NUMBERS 182-540-020, -021, -022, -023, -024, -025, -026, -027, -028; FILE NO. ANX17-003 RECOMMENDATION: This ordinance, introduced at the May 1, 2018, Regular Meeting by a unanimous vote, prezones the properties located at 43, 77, and 91 Middle Rincon Road and 4785, 4801, 4847, and 4865 Highway 12 to the R-1-6 (Single-Family Residential) and CG (General Commercial) Zoning Districts; Assessor’s Parcel Numbers 182-540-020, -021, -022, -023, -024, -025, -026, -027, -028; File No. ANX17-003. Attachments: Ordinance 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 - URGENCY ORDINANCES - RESILIENT CITY (-RC) COMBINING DISTRICT BACKGROUND: Beginning on the evening of October 8, 2017, and continuing for days thereafter, a series of wildfire events damaged or City of Santa Rosa Regular Meeting Agenda and Summary Report Page 7 of 11 City Council MAY 8, 2018 destroyed thousands of residential and commercial structures within the City of Santa Rosa. On October 13, 2017, the City Council ratified a proclamation of local emergency in the City of Santa Rosa. To facilitate and expedite the reconstruction process, on October 24, 2017, the Council adopted an urgency ordinance establishing the Resilient City (-RC) Combining Zoning District, to be applied to the base zoning of each property most severely impacted by the Fires. As field surveys and new information became available, twenty-one additional properties with destroyed or damaged structures were identified outside of the -RC Combining Zoning District boundaries. As a result, an urgency ordinance was prepared to add the -RC District to the base zoning district for these properties. Also proposed is an urgency ordinance to amend Section 20-28.100, -RC Combining District, to add the option for applying residential small lot development standards for parcels less than 6,000 square-feet and within the -RC Combining District. The proposed urgency ordinances would be effective immediately upon enactment. 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 amending Title 20 of the Santa Rosa City Code, adding residential small lot development standards to the Resilient City (-RC) Combining District; and 2) adopt an urgency ordinance reclassifying twenty-one additional properties, directly impacted by the Tubbs and Nuns Fires of October 2017, to the Resilient City (-RC) Combining District. City of Santa Rosa Regular Meeting Agenda and Summary Report Page 8 of 11 City Council MAY 8, 2018 Attachments: Staff Report Attachment 1 – Letter from Curt Nichols, dated April 2, 2018 Attachment 2 - Community Correspondence Urgency Ordinance 1 - RC Combining District APNs Urgency Ordinance 2 - RC Combining District Small Lots Presentation 14.2 REPORT - AMENDMENT OF COUNCIL POLICY 000-15 - POLICY STATEMENT TAX-EXEMPT REVENUE BOND REQUESTS BACKGROUND: At the direction of the California Debt Limit Allocation Committee (“CDLAC”) and the City’s outside bond counsel, Jones Hall, the City must adopt updated bond issuance procedures and post-issuance compliance procedures to be eligible to receive bond allocations for multifamily rental housing and certain other purposes. The policies guide the process of issuing private activity bonds and ensuring post-issuance compliance including a description of the fee structure, application and approval process, and monitoring and compliance practices. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, amend Council Policy 000-15 - Policy Statement Tax-Exempt Bond Requests. Attachments: Staff Report Attachment 1 Resolution Exhibit A Presentation 14.3 REPORT - PARKING CITATION PAYMENT PLAN FEES BACKGROUND: The California Vehicle Code was amended by Assembly Bill 503 (AB 503) which goes into effect July 1, 2018. AB 503 requires agencies to offer a parking citation payment plan to indigent people prior to sending an indigent person’s delinquent parking penalties to the Department of Motor Vehicles (DMV) registration hold program. The City of Santa Rosa is taking the necessary steps to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 9 of 11 City Council MAY 8, 2018 create a payment plan that complies with AB 503 to continue utilizing the DMV registration hold program. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, adopt the revised Schedule of Parking Fines and Penalties to: (1) establish processing fees for parking citation payment plans, and (2) comply with Assembly Bill 503. Attachments: Staff Report Resolution Exhibit A Presentation 14.4 REPORT - URGENCY ORDINANCE AMENDING SECTION 10-44.040 OF THE SANTA ROSA CITY CODE TO EXTEND THE TEMPORARY PROHIBITION ON RENTAL HOUSING PRICE GOUGING THROUGH DECEMBER 4, 2018 BACKGROUND: Beginning on the evening of October 8, 2017 and continuing for days thereafter, a series of wildfire events damaged or destroyed thousands of residential and commercial structures within the City of Santa Rosa. Soon thereafter, City officials were alerted to price gouging in rental housing within the City. To address this issue, the Council adopted Urgency Ordinance ORD-2017-020 adding Chapter 10-44 to the City Code. The Ordinance established a temporary prohibition on rental housing price gouging as well as temporary restrictions on tenant evictions. By its own terms, the Ordinance remained in effect until April 18, 2018. This urgency ordinance would amend Section 10-44.040 to extend the term of the prohibition on rental housing price gouging and the restrictions on tenant evictions through December 4, 2018. Under the City Charter, five affirmative votes are necessary to adopt an urgency ordinance RECOMMENDATION: Pursuant to Council request, it is recommended by the City Attorney that the Council consider adoption of an urgency ordinance to amend Section 10-44.040 of the Santa Rosa City Code, to City of Santa Rosa Regular Meeting Agenda and Summary Report Page 10 of 11 City Council MAY 8, 2018 extend the term of the City’s prohibition on rental housing price gouging through December 4, 2018. Attachments: Staff Report Ordinance Presentation (Added 5.8.18) 15. PUBLIC HEARINGS - NONE. Public Hearing matters will begin no earlier than 5:00 p.m. or as soon thereafter as the matters are reached on the agenda. 16. WRITTEN COMMUNICATIONS 16.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES ATTENDANCE REPORT - Provided for information. Attachments: Report 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: 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 8, 2018 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.

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