City Council

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 City Council Regular Meeting Minutes - Final Tuesday, July 9, 2019 2:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Schwedhelm called the meeting to order at 2:04 p.m. Present: 6 - Mayor Tom Schwedhelm, Vice Mayor Chris Rogers, Council Member Victoria Fleming, Council Member Ernesto Olivares, Council Member John Sawyer, and Council Member Jack Tibbetts Absent: 1 - Council Member Julie Combs 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Schwedhelm recessed the meeting to closed session at 2:04 p.m. to discuss Item 2.1 and Item 2.2 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: Friedell v. City of Santa Rosa, et al. Court Case No. Sonoma County Superior Court, Case No. SCV 262164 2.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Nicholle Vannucci, et al. v. County of Sonoma, et al. Court Case No. USDC Northern District of California Case No. 3:18-cv-01955-VC Mayor Schwedhelm adjourned the closed session at 3:10 p.m. and reconvened to board interviews at 3:31 p.m. 3. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES 3.1 The Council will interview applicants for the Personnel Board’s three At-Large vacancies and two Labor Representative vacancies. Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 City of Santa Rosa Regular Meeting Minutes Page 2 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 3.2 The Council will interview an applicant for the Bicycle and Pedestrian Advisory Board’s Disabled Community Representative vacancy. Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 3.3 The City Council will interview one applicant and consider re-appointment of one incumbent for the Board of Building Regulations Appeals’ two vacancies. Attachments: Staff Report Attachment 1 Attachment 2 Attachment 3 Mayor Schwedhelm adjourned the interviews at 3:55 p.m. and reconvened the meeting at 4:04 p.m. 4. STUDY SESSION - NONE. 5. ANNOUNCEMENT OF ROLL CALL Present: 6 - Mayor Tom Schwedhelm, Vice Mayor Chris Rogers, Council Member Victoria Fleming, Council Member Ernesto Olivares, Council Member John Sawyer, and Council Member Jack Tibbetts Absent: 1 - Council Member Julie Combs 6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Gallagher announced that Council gave direction to staff for Items 2.1 and 2.2. 7. PROCLAMATIONS/PRESENTATIONS - NONE. 8. STAFF BRIEFINGS 8.1 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. Attachments: Presentation (Uploaded 7/9/2019) Presented by Jennielynn Holmes and Adam Peacocke, Rebuilding Our Community (ROC) Sonoma County. City of Santa Rosa Regular Meeting Minutes Page 3 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Wade Anilus, Community Action Partnership, spoke in support of ROC Sonoma County. This item was received and filed. 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager McGlynn provided a brief report on National Parks and Recreation month; the start of Sunday concerts in Juilliard Park; and Friday movies in Howarth Park begin in August. 10. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS Mayor Schwedhelm announced his abstention on Item 12.2. Council Member Olivares announced his abstention on Items 12.3 and 12.4. Council Member Sawyer announced his abstention on Item 16.2. Council Member Tibbetts announced his abstention on Item 15.1. 11. MAYOR'S/COUNCIL MEMBERS’ REPORTS The Mayor and Council Members made announcements and reports of interest to the Council. 11.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 11.1.1 Council Subcommittee Reports Mayor Schwedhelm provided a report regarding the Climate Action Subcommittee's decision to focus efforts from an all electric-ready ordinance to an all electric-reach ordinance. Public Comment Jerry Bernhaut spoke in support of the reach code. Abigail Zoger spoke in support of the reach code. Comment from speaker card: Do not let fear of something new keep us City of Santa Rosa Regular Meeting Minutes Page 4 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 from taking the correct action. Ted Tiffany, Goodman Glover Consulting Engineers, spoke in support of the all electric-reach code. Neil Bulger, Red Car Analytics, spoke in support all electric-reach code. Jeff Blaevoet, Guttmann and Blaevoet Consulting Engineers, spoke in support of the all electric-reach code. Comment from speaker card: Cost of all-electric. Tish Levee, The Gazette and Climate Action Fellowship, spoke in support of the all electric-reach code. Comment from speaker card: Methane is natural gas, causes 84 times more global heating than CO2. Natural gas in fire zones increases fire danger. Gas will likely cost more in the future. Not building with gas can save over $6k in upfront costs. Christine Hoex, 350 Sonoma.org, spoke in support of the all electric-ready and reach code. 11.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Vice Mayor Rogers announced two items which were on the recent SCTA agenda: call for projects for Measure M funding; and regionally significant projects list included the realignment of Hearn Avenue and the extension of Farmers Lane. 11.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 11.1.4 Association of Bay Area Governments (ABAG) 11.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 11.1.6 Sonoma Clean Power Authority (SCPA) 11.1.7 Sonoma County Waste Management Agency (SCWMA) City of Santa Rosa Regular Meeting Minutes Page 5 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 11.1.8 Groundwater Sustainability Agency (GSA) 11.1.9 Homeless System of Care (HSC) 11.1.10 Renewal Enterprise District (RED) 11.1.11 Other Council Member Tibbetts announced that a report on inclusionary housing and jobs linkage fee will come back to the Council in September or October; and requested information regarding a PACE ordinance. Council Member Olivares addressed concerns regarding the recent Roseland Village public hearing and raised caution to Council to not send mixed messages about its committment to housing for all and affordable housing. Council Member Sawyer concurred with Council Member Olivares' comments and concern regarding the Roseland Village public hearing. Vice Mayor Rogers thanked Park and Recreation for putting on the Whitewater Rodeo on the Santa Rosa Creek; spoke on the successful Burbank Gardens Neighborfest to re-engage neighbors; thanked the 20/30 Club for putting on the Red, White, and Boom show; announced the kick-off of Live at Juillard Park on Sunday afternoons; and expressed thanks to city staff regarding the successful neighborhood meeting on the encampment pilot project. Mayor Schwedhelm provided a brief report on the Homeless Leadership Council; and announced a pilot project for a council sit along for shadowing a councilmember at the dais. Council Member Fleming expressed condolences to the families involved in the recent traffic tragedy in District 4. 11.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS City of Santa Rosa Regular Meeting Minutes Page 6 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 A motion was made by Council Member Olivares, seconded by Vice Mayor Rogers, to appoint Christine Logan to the Bicycle and Pedestrian Advisory Board as the Disabled Community Representative. The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to appoint John Allen and reappoint Dan O'Rourke to the Board of Building Regulation Appeals. The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs 11.3 DESIGNATION OF VOTING DELEGATE/ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 11.3.1 In order to vote at the Annual Business Meeting at the League of California Cities 2019 Annual Conference, each member City must designate a voting delegate and up to two alternate delegates. This year’s conference will be held in Long Beach from Wednesday, October 16 through Friday, October 18. The delegates must be designated by the City Council, and the voting delegate and alternates must be registered to attend the conference. Attachments: 2019 Letter.pdf A motion was made by Vice Mayor Rogers, seconded by Council Member Olivares, to appoint Mayor Schwedhelm as primary voting delegate to the League of California Cities Annual Conference. The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 2 - Council Member Combs, and Council Member Fleming A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to appoint Vice Mayor Rogers as an alternate voting delegate to the League of California Cities Annual Conference. City of Santa Rosa Regular Meeting Minutes Page 7 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs A motion was made by Council Member Tibbetts, seconded by Council Member Sawyer, to appoint Council Member Fleming as a second alternate voting delegate to the League of California Cities Annual Conference. The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs 11.4 MATTERS FROM COUNCIL REGARDING FUTURE AGENDA ITEMS 11.4.1 REQUEST FOR AGENDA ITEM TO CONSIDER CONTRACTING WITH A LEGAL SERVICES PROVIDER FOR HOMELESS INDIVIDUALS BACKGROUND: At the June 25, 2019 City Council Meeting, Council Member Tibbetts requested a future agenda item to consider contracting with a legal services provider for homeless individuals. Council Member Fleming concurred with the request. PUBLIC COMMENT: Adrienne Lauby, Homeless Action, spoke in support of the item. A motion was made by Council Member Tibbetts, seconded by Council Member Fleming, to approve a future agenda item to consider contracting with a legal services provider for homeless individuals. The motion failed by the following vote: Yes: 3 - Vice Mayor Rogers, Council Member Fleming, and Council Member Tibbetts No: 3 - Mayor Schwedhelm, Council Member Olivares, and Council Member Sawyer City of Santa Rosa Regular Meeting Minutes Page 8 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Absent: 1 - Council Member Combs 12. APPROVAL OF MINUTES 12.1 May 28, 2019, Regular Meeting Minutes. Attachments: Draft Minutes Approved as submitted. 12.2 June 4, 2019, Regular Meeting Minutes. Attachments: Draft Minutes Approved as submitted, with Mayor Schwedhelm abstaining. 12.3 June 11, 2019, Special Meeting Minutes. Attachments: Draft Minutes Approved as submitted, with Council Member Olivares abstaining. 12.4 June 18, 2019, Regular Meeting Minutes. Attachments: Draft Minutes Approved as submitted, with Council Member Olivares abstaining. 13. CONSENT ITEMS Approval of the Consent Agenda A motion was made by Vice Mayor Rogers, seconded by Council Member Tibbetts, to waive reading of the text and adopt Consent Items 13.1 through 13.6. The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs 13.1 RESOLUTION - ADOPTION OF MEMORANDUM OF UNDERSTANDING, UNIT 9 - POLICE SAFETY MANAGEMENT, REPRESENTED BY THE SANTA ROSA POLICE MANAGEMENT ASSOCIATION EFFECTIVE JULY 1, 2019 THROUGH JUNE 30, 2020 RECOMMENDATION: It is recommended by the Human Resources City of Santa Rosa Regular Meeting Minutes Page 9 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Department and the City Manager’s Office that the Council, by resolution, adopt the Memorandum of Understanding for an agreement for, and on behalf of, the employees in the City’s Bargaining Unit 9 - Police Safety Management, represented by the Santa Rosa Police Management Association, and effective July 1, 2019 to June 30, 2020. Attachments: Staff Report Attachment Resolution Exhibit Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-087 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE SANTA ROSA POLICE MANAGEMENT ASSOCIATION FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA’S UNIT 9 - POLICE SAFETY MANAGEMENT, EFFECTIVE JULY 1, 2019 THROUGH JUNE 30, 2020 13.2 RESOLUTION - ACCEPTANCE OF THE ROSELAND FIRE STATION LOCATED AT 830 BURBANK AVENUE AND AUTHORIZATION FOR THE MAYOR TO ACCEPT A DEED FOR THE CONVEYENCE RECOMMENDATION: It is recommended by the City’s Right of Way Agent that Council, by resolution, accept the Roseland Fire Station located at 830 Burbank Avenue and authorize the Mayor, on behalf of the City, to sign acceptance of the grant deed, which will complete the transfer of title of the Roseland Fire Station and the real property on which it sits, to the City of Santa Rosa. Attachments: Staff Report Attachment 1 Attachment 2 Resolution Presentation Presentation revised (7-8-2019).pdf This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-088 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING THE ROSELAND FIRE STATION LOCATED AT 830 BURBANK AVENUE, SANTA ROSA AND AUTHORIZING THE MAYOR TO EXECUTE ACCEPTANCE OF A GRANT DEED CONVEYING TITLE TO THE CITY OF SANTA ROSA FROM THE City of Santa Rosa Regular Meeting Minutes Page 10 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 ROSELAND FIRE PREVENTION DISTRICT 13.3 RESOLUTION - APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GREINES, MARTIN, STEIN & RICHLAND LLP FOR LEGAL SERVICES RECOMMENDATION: It is recommended by the City Attorney’s Office that the Council, by resolution, approve the Second Amendment to Professional Services Agreement Number F001382 with Greines, Martin, Stein & Richland LLP in the amount of $50,000 for a total compensation amount of $150,000, related to the Appeal in the matter of Rafael Mateos-Sandoval and Simeon Avendano Ruiz v. County of Sonoma, City of Santa Rosa, et al. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-089 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT NUMBER F001382 WITH GREINES, MARTIN, STEIN & RICHLAND LLP 13.4 RESOLUTION - APPROVAL - GENERAL SERVICES AGREEMENT WITH STAPLES CONTRACT & COMMERCIAL LLC FOR OFFICE SUPPLIES RECOMMENDATION: It is recommended by the Finance Department, that the Council, by resolution, approve the General Services Agreement with Staples Contract & Commercial LLC, Newark, California, for office supplies under the terms of the National Joint Powers Alliance in an amount not to exceed $530,000. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-090 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE GENERAL City of Santa Rosa Regular Meeting Minutes Page 11 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 SERVICES AGREEMENT WITH STAPLES CONTRACT & COMMERCIAL LLC FOR OFFICE SUPPLIES 13.5 ORDINANCE ADOPTION SECOND READING - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 1665 GUERNEVILLE ROAD, APN 036-101-010, FROM THE RR-20 (RURAL RESIDENTIAL) ZONING DISTRICT TO THE R-3-18 (MULTI-FAMILY RESIDENTIAL) ZONING DISTRICT - FILE NUMBER: PRJ18-089 RECOMMENDATION: This ordinance, introduced at the June 25, 2019, Regular Meeting by a (6-0-1) vote (Vice Mayor Rogers absent), amends Title 20 of the Santa Rosa City Code - reclassification of property located at 1665 Guerneville Road, APN 036-101-010, from the RR-20 (rural residential) zoning district to the R-3-18 (multi-family residential) zoning district - FILE NUMBER: PRJ18-089 Attachments: Ordinance This Consent - Ordinance was adopted. ORDINANCE NO. ORD-2019-007 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 1665 GUERNEVILLE ROAD, APN 036-101-010, FROM THE RR-20 (RURAL RESIDENTIAL) ZONING DISTRICT TO THE R-3-18 (MULTI-FAMILY RESIDENTIAL) ZONING DISTRICT - FILE NUMBER: PRJ18-089 13.6 RESOLUTION - CITY/COUNTY FUNDING AGREEMENT FOR SAMUEL L. JONES HALL HOMELESS SHELTER RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, approve an Agreement between the City of Santa Rosa and the County of Sonoma for the Funding of Operations at the Samuel L. Jones Hall Homeless Shelter for 2019/2020 (Funding Agreement) in the amount of $255,000. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. City of Santa Rosa Regular Meeting Minutes Page 12 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 RESOLUTION NO. RES-2019-091 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND THE COUNTY OF SONOMA FOR THE FUNDING OF OPERATIONS AT THE SAMUEL L. JONES HALL HOMELESS SHELTER FOR 2019/2020 14. PUBLIC COMMENT ON NON-AGENDA MATTERS Elizabeth Neylon, Ragin' Grannies, spoke on Homeless Action Committee. Victoria Yanez, Homeless Action, spoke regarding police sweeps. 15. REPORT ITEMS 15.1 REPORT - REQUEST FOR PROPOSALS FOR OPERATION OF SAMUEL L. JONES HALL HOMELESS SHELTER FOR HOUSING FIRST OPERATIONS FOR FISCAL YEAR 2020/2021 BACKGROUND: On June 18, 2019, as part of the Fiscal Year 2019/2020 budget hearing, staff proposed reprogramming $1.6 million remaining from a Fiscal Year 2016/2017 Affordable Housing Pilot Program Notice of Funding Availability (NOFA) for capital and programming improvements at the Samuel L. Jones Hall Homeless Shelter (Shelter). In response to this proposal, Council Member Combs requested an agenda item regarding a Request for Proposals (RFP) for operation of the Shelter. The Shelter is a City-owned facility which has been operated by Catholic Charities of the Diocese of Santa Rosa since it opened in November 2005. The City currently has an agreement with Catholic Charities for the operations of the Shelter for Fiscal Year 2019/2020 in the amount of $1,349,331, which is funded by the City, County of Sonoma, and Community Foundation Sonoma County. Staff has prepared the following report on the Shelter and is seeking Council direction on its interest to issue an RFP for Housing First operations of the Shelter for Fiscal Year 2020/2021. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council receive a report on the Samuel L. Jones Hall Homeless Shelter (Shelter) and, by motion, provide direction to staff regarding the issuance of a Request for Proposals for Housing First operations of the Shelter for Fiscal Year City of Santa Rosa Regular Meeting Minutes Page 13 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 2020/2021. Attachments: Staff Report Presentation Presented by Kelli Kuykendall, Housing and Community Services Manager. PUBLIC COMMENT Paul Carroll, spoke in opposition to the item. Adrienne Lauby, Homeless Action, spoke in support of the item. Comment provided from speaker card: Thank you for considering an RFP for the Sam Jones Hall. This is long overdue. I hope you consider the template we sent you earlier today. We need more specific and concise reports from the operator of the Sam Jones Shelter. Mario Lopez spoke regarding Samuel Jones Hall safety concerns and facility conditions. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to recommend for disapproval the issuance of a Request for Proposals for Housing First operations of the Shelter for Fiscal Year 2020/2021. The motion carried by the following vote: Yes: 4 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Olivares, and Council Member Sawyer No: 1 - Council Member Fleming Absent: 1 - Council Member Combs Recused: 1 - Council Member Tibbetts 16. PUBLIC HEARINGS 16.1 PUBLIC HEARING - ADOPTION OF REVISED ANIMAL SERVICES FEES BACKGROUND: Sonoma County Animal Services (Animal Services/SCAS) provides sheltering and field services to areas within City of Santa Rosa Regular Meeting Minutes Page 14 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 their jurisdiction, including unincorporated areas of the County, the City of Santa Rosa, and the Town of Windsor. Animal Services is also responsible for rabies control for the entire County. The SCAS service area is comprised of approximately 1,575 square miles with nearly 500,000 residents and includes an animal shelter that serves nearly 3,300 animals annually. SCAS is proposing fee revisions for animal impounds, vaccinations, licenses, and boarding fees. The proposed SCAS fees recover increased costs associated with services delivery, including costs charged to SCAS by general government and those associated with salary and benefits. Revised fees are requested to recover the reasonable cost to provide animals services which is generally 4.5 percent since fees were last revised effective July 1, 2018. The SCAS is proposing 3.7 to 5.0 percent increases to the Animal Services fees. Percentage increases are as close as possible to four and a half percent, while focusing on Animal Services objectives and customer service priorities. RECOMMENDATION: It is recommended by the City Manager’s Office and Sonoma County Animal Services that the Council, by resolution, approve and adopt revised animal services fees. Attachments: Staff Report Resolution Exhibit A Presentation Presented by Joey Hejnowicz, Administrative Analyst; and John Skeel, Sonoma County Animal Services Director. Seeing no one wishing to speak, Mayor Schwedhelm opened and closed the public hearing at 6:10 p.m. A motion was made by Council Member Tibbetts, seconded by Vice Mayor Rogers, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-092 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING THE SONOMA COUNTY ANIMAL SERVICES REVISED FEES The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 15 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Yes: 4 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Sawyer, and Council Member Tibbetts Absent: 3 - Council Member Combs, Council Member Fleming, and Council Member Olivares 16.2 PUBLIC HEARING - SOUTHEAST GREENWAY BACKGROUND: The Southeast Greenway Community Partnership, including the City of Santa Rosa, Sonoma County Water Agency, Sonoma County Regional Parks, Sonoma Land Trust, LandPaths, and the Southeast Greenway Campaign, have come together to plan for the acquisition of 57 acres of land owned by the California Department of Transportation (Caltrans) and originally planned for an extension of Highway 12. The City Council initiated a General Plan Amendment and Rezoning in fall 2015 to designate land uses for the area. As part of the planning process, two community workshops were held to understand residents’ land use and circulation preferences for the site. The Planning Commission and City Council held two joint study sessions, on November 1, 2016 and March 28, 2017, to consider information from the workshops, along with draft guiding principles and land use and circulation alternatives. With selection of the Preferred Alternative, proposed General Plan land use designations and Zoning districts were developed, and an Environmental Impact Report (EIR) was prepared. On September 14, 2017, the Planning Commission held a public hearing to receive comments on the Draft EIR. During the public review period, the City received comments regarding the traffic analysis that resulted in the preparation of additional analysis and a Revised Draft EIR that was recirculated for public review between January 28, 2019 and March 13, 2019. On February 14, 2019, the Planning Commission held a public hearing to receive comments on the Revised Draft EIR. On May 6, 2019, the Final EIR was released for public review, and, on May 23, 2019, the Planning Commission voted unanimously to recommend that the City Council certify the EIR, adopt the Mitigation Monitoring and Reporting Program, Findings of Fact and Statement of Overriding Considerations, and approve the General Plan and Zoning Code amendments and the Rezoning. RECOMMENDATION: It is recommended by the Planning and Economic Development Department and the Planning Commission that the Council, by resolutions, (1) certify the Environmental Impact Report City of Santa Rosa Regular Meeting Minutes Page 16 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 for the Southeast Greenway General Plan Amendment and Rezoning project, (2) adopt Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations pursuant to the California Environmental Quality Act, and (3) adopt General Plan text and Land Use Diagram amendments, and introduce two ordinances to (1) add Zoning Districts to the Southeast Greenway area and (2) amend City Code Sections 20-23.030 and 20-26.030 for the Southeast Greenway area. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Mutual Letter of Intent Attachment 3 - Council Resolution No. 28666 - Memorandum of Understanding Attachment 4 - Council Resolution No. 28696 - Initiation of General Plan Amendment Attachment 5 - Southeast Greenway Illustrative Map Attachment 6 - Proposed General Plan Text Amendment in cross-out and underline format Attachment 7 - Proposed General Plan Land Use Diagram Attachment 8 - Proposed Zoning Code Text Amendment in cross-out and underline format Attachment 9 - Proposed Zoning District Map Attachment 10 Attachment 11 - Planning Commission Resolution Numbers 11961, 11962, 11963, 11964, and 11965 Attachment 12 - Community Correspondence.pdf Resolution 1 - Certification of the EIR Resolution 2 Resolution 3 - Approval of a General Plan Amendment Ordinance 1 - Approval of a Rezoning Ordinance 2 - Approval of a Zoning Code Text Amendment Presentation - Southeast Greenway Late Correspondence Uploaded 7.8.2019.pdf Presented by Jessica Jones, Supervising Planner; Bruce Brubaker and Terri McCracken, PlaceWorks. EX PARTE DISCLOSURE: Mayor Schwedhelm, Vice Mayor Rogers, and Council Members Fleming and Tibbetts disclosed ex parte communications. Mayor Schwedhelm opened the public hearing at 6:43 p.m. PUBLIC COMMENT City of Santa Rosa Regular Meeting Minutes Page 17 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Mike Raymond spoke in opposition to the item. Steve Rabinowitsh spoke in support of the item. Wendy Eliot, Sonoma Land Trust, spoke in support of the item. Alexa Forrester spoke in support of the item. Kent Gylfe, Engineer with Sonoma Water, spoke in support of the item. Mayor Schwedhelm closed the public hearing at 6:54 p.m. A motion was made by Council Member Tibbetts, seconded by Vice Mayor Rogers, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-093 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE SOUTHEAST GREENWAY GENERAL PLAN AMENDMENT AND REZONING PROJECT - FILE NUMBERS ST14-003, GPAM19-002 AND REZ19-007 The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, and Council Member Tibbetts Absent: 1 - Council Member Combs Recused: 1 - Council Member Sawyer A motion was made by Council Member Tibbetts, seconded by Council Member Fleming, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-094 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SOUTHEAST GREENWAY GENERAL PLAN AMENDMENT AND REZONING PROJECT - FILE NUMBERS ST14-003, GPAM19-002 AND REZ19-007 The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, and Council Member Tibbetts City of Santa Rosa Regular Meeting Minutes Page 18 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Absent: 1 - Council Member Combs Recused: 1 - Council Member Sawyer A motion was made by Council Member Tibbetts, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-095 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING GENERAL PLAN TEXT AND LAND USE DIAGRAM AMENDMENTS FOR THE SOUTHEAST GREENWAY GENERAL PLAN AMENDMENT AND REZONING PROJECT - FILE NUMBERS ST14-003, GPAM19-002 AND REZ19-007 The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, and Council Member Tibbetts Absent: 1 - Council Member Combs Recused: 1 - Council Member Sawyer A motion was made by Council Member Tibbetts, seconded by Vice Mayor Rogers, to waive reading of the text and introduce: ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING ZONING DISTRICTS TO THE AREA WITHIN THE SOUTHEAST GREENWAY BOUNDARIES, A 1.9 LINEAR MILE AREA BETWEEN FARMERS LANE/HIGHWAY 12 AND SPRING LAKE REGIONAL PARK, IN SOUTHEAST SANTA ROSA - FILE NUMBERS ST14-003, GPAM19-002 AND REZ19-007 The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, and Council Member Tibbetts Absent: 1 - Council Member Combs Recused: 1 - Council Member Sawyer A motion was made by Council Member Tibbetts, seconded by Council Member Fleming, to waive reading of the text and introduce: ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING ZONING CODE TEXT AMENDMENT RELATED TO THE SOUTHEAST GREENWAY GENERAL PLAN AMENDMENT AND REZONING PROJECT - FILE NUMBERS ST14-003, GPAM19-002 AND City of Santa Rosa Regular Meeting Minutes Page 19 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 REZ19-007 The motion carried by the following vote: Yes: 5 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, and Council Member Tibbetts Absent: 1 - Council Member Combs Recused: 1 - Council Member Sawyer Mayor Schwedhelm recessed the meeting at 7:02 p.m. and reconvened the meeting at 7:19 p.m. 16.3 PUBLIC HEARING - APPEAL OF DENIAL OF GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT, AND TENTATIVE MAP FOR THE PROPOSED DUTTON MEADOWS SUBDIVISION LOCATED AT 2650, 2666, 2684 DUTTON MEADOW,1112 AND 1200 HEARN AVENUE, SANTA ROSA; ASSESSOR’S PARCEL NUMBERS 043-071-007, -022, -023 & 043-191-016, -024; FILE NO. PRJ18-039 (CUP18-101, GPAM18-003, MAJ18-006) BACKGROUND: On February 28, 2019, the Planning Commission denied a General Plan Amendment, Conditional Use Permit and Tentative Map for Dutton Meadows Subdivision, a 211-unit subdivision comprised of 130 detached single-family units and 81 accessory dwelling units, proposed on an 18.4-acre site located at 2650, 2666, 2684 Dutton Meadow,1112 and 1200 Hearn Avenue, which requires the reconfiguration of two planned area serving roads. On March 8, 2019, an appeal of the Planning Commission’s action was filed by Trumark Homes. The grounds for appeal question the Planning Commission’s denial of the project: prior to environmental review and conditions of approval, that addresses an urgent housing need, and that demonstrates modified roadways will meet or exceed City standards. RECOMMENDATION: It is recommended by the Planning Commission and the Planning and Economic Development Department (PED) that the Council, by resolutions, deny the appeal and uphold the Planning Commission’s denial of applications for a General Plan Amendment, Tentative Map, and Conditional Use Permit for the Dutton Meadows Subdivision. City of Santa Rosa Regular Meeting Minutes Page 20 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 Attachments: Staff Report Attachment 1 - Disclosure Form Attachment 2 - Site Analysis & Neighborhood Context Map Attachment 3 - Project Discription Attachment 4 - Tentative Map - 1.2019.pdf Attachment 5 - Inclusionary Housing Exhibit Attachment 6 - Architectural Plans Attachment 7 - Landscape Plans.pdf Attachment 8 - Circulation Exhibit Attachment 9 - Roseland Area Specific Plan Circulation Attachment 10 - General Plan Roadway Network Attachment 11 - Traffic Impact Study, dated November 13, 2018 Attachment 12 - Traffic Engineering Memo Attachment 13 - Addendum to EIR, dated December 2018 Attachment 14 - Public Correspondence Attachment 15 - Parking Exhibit Attachment 16 - Appellant Statement Attachment 17 - Planning Commission Resolutions Attachment 18 - Traffic Study, dated June 24, 3019.pdf Attachment 19 - Additional Traffic Analysis dated February 28, 2019.pdf Attachment 20 - Late Correspondence.pdf Resolution 1 Resolution 2 Resolution 3 Presentation Late Correspondence (Uploaded 7/9/2019) Applicant Presentation (Uploaded 7/9/2019) Late Correspondence (Uploaded 7/10/2019) EX PARTE DISCLOSURE: Mayor Schwedhelm, Vice Mayor Rogers, and Council Members Fleming, Sawyer, and Tibbetts disclosed ex parte communications. Presented by Amy Nicholson, City Planner; and Bill Rose, Supervising Planner. Patti Cisco, Chair of the Planning Commission, spoke regarding the denial of applications for a General Plan Amendment, Tentative Map, and a Conditional Use Permit. Garrett Hines, TruMark, appellant, presented. Mayor Schwedhelm opened the public hearing at 8:41p.m. City of Santa Rosa Regular Meeting Minutes Page 21 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 PUBLIC COMMENT GP Radich spoke in opposition to the item. Comment provided from speaker card: Roads need to be adequate for heavy traffic. Chris Kinzel, TJKM Traffic Consultants, spoke in support of the appeal. Thomas Ells spoke regarding the item. Mayor Schwedhelm closed the public hearing at 8:51 p.m. Council Member Sawyer rescinded original motion to deny the appeal and uphold the Planning Commission's denial of applications for a General Plan Amendment, Tentative Map, and Conditional Use Permit for the Dutton Meadows Subdivision. A motion was made by Council Member Sawyer, seconded by Council Member Olivares, to continue the item to allow for applicant to change project or provide additional information/analysis, take item back to the Planning Commission. The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts Absent: 1 - Council Member Combs 17. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) 17.1 SUPPORT AB 784: SALES AND USE TAXES: EXEMPTION: CALIFORNIA HYBRID AND ZERO-EMISSION TRUCK AND BUS VOUCHER INCENTIVE PROJECT: TRANSIT BUS VEHICLES - Provided for information. Attachments: Support AB 784.pdf This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 22 of 22 City Council Regular Meeting Minutes - Final July 9, 2019 18. PUBLIC COMMENTS ON NON-AGENDA MATTERS Tony Geraldi, Sonoma County Fair Board of Directors, extended an invitation to this year's Sonoma County Fair (Back to our Roots in Cowboy Boots). 19. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 20. ADJOURNMENT OF MEETING Hearing no further business, Mayor Schwedhelm adjourned the meeting at 9:14 p.m. The next regularly scheduled meeting will take place on July 16, 2019, at a time to be set by the Mayor. 21. UPCOMING MEETINGS 21.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. Approved on: August 6, 2019 /s/ Dina Manis, Acting City Clerk