City Council
Regular MeetingSanta Rosa, CA · May 8, 2018
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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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,
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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
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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
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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
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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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