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, September 10, 2019 2:30 PM 1. CALL TO ORDER AND ROLL CALL Mayor Schwedhelm called the meeting to order at 2:39 p.m. Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member Victoria Fleming, Council Member Ernesto Olivares, Council Member John Sawyer, and Council Member Jack Tibbetts 2. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES 2.1 The Council will interview applicants to fill one Housing Authority Tenant-Commissioner vacancy. Attachments: Staff Report Attachment 1 - Notice of Application Availability Attachment 2 - Appointment Policy 000-06 Attachment 3 - Housing Authority Res. No. 1601 3. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. RECESS INTERVIEWS AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER 4. STUDY SESSION - NONE. 4:00 P.M. (CITY COUNCIL CHAMBER) 5. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member Victoria Fleming, Council Member Ernesto Olivares, Council Member John Sawyer, and Council Member Jack Tibbetts 6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE. 7. PROCLAMATIONS/PRESENTATIONS 7.1 PROCLAMATION - CREEK-POLLUTION PREVENTION WEEK Attachments: Proclamation Late Correspondence (Uploaded 9/11/2019) City of Santa Rosa Regular Meeting Minutes Page 2 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 Council Member Fleming read and presented the proclamation to Katie Robinson, Research and Program Coordinator, Storm Water and Creeks. PUBLIC COMMENT Nichole Warwick, Families Advocating for Chemical and Toxics Safety (FACTS), spoke on the item. Comment provided from speaker card: FACTS urges City Council to uphold the ban on all synthetic pesticides used in public spaces. This item was received and filed. 7.2 PROCLAMATION - NATIONAL CHILDHOOD CANCER AWARENESS MONTH Attachments: Proclamation Late Correspondence (uploaded 10/2/2019) Council Member Olivares read and presented the proclamation to Ronnie Duvall, Founder of Driven 2 Make Change Awareness Campaign. PUBLIC COMMENT Matt Callaway spoke in support of the item. Comment provided from speaker card: To prevent childhood cancer please continue to use organic products for weed abatement. Megan Kaun, Sonoma County Conservation Action, spoke in support of the item. Comment provided from speaker card: Synthetic weedkillers commonly used in parks can contribute to cancer. Anne Seeley, Sonoma County Conservation Action, spoke on the item. This item was received and filed. 8. STAFF BRIEFINGS 8.1 FIRE RECOVERY AND REBUILD UPDATE City of Santa Rosa Regular Meeting Minutes Page 3 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 This will be a standing item on the agenda. No action will be taken except for possible direction to staff. This item was received and filed. 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager McGlynn provided a brief report regarding a recent branch failure from the historic oak tree in front of Finley Community Center, which landed in the landscape area. Once alerted, the Parks crew cordoned off the area to protect both the tree and public. An arborist evaluated the tree's short- and long-term health and concluded that actions can be taken to save the tree. An arborist will re-evaluate the tree's condition next year to determine if any additional work is required. 10. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS Council Member Tibbetts announced his abstention on Items 13.4 and 15.2. 11. MAYOR'S/COUNCIL MEMBERS’ REPORTS The Mayor and Council Members made annoucements 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 Council Member Sawyer provided a brief report on the Downtown Subcommittee meeting. Mayor Schwedhelm provided a brief report on the Climate Action Subcommittee meeting. 11.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Vice Mayor Rogers provided a brief report. 11.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee City of Santa Rosa Regular Meeting Minutes Page 4 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 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) 11.1.8 Groundwater Sustainability Agency (GSA) 11.1.9 Homeless System of Care (HSC) 11.1.10 Renewal Enterprise District (RED) Council Member Fleming provided a brief report. 11.1.11 Other Council Member Fleming provided a brief report on the Childcare Planning Council. Mayor Schwedhelm provided a brief report on the Bennett Valley Senior Center Ad-hoc committee. 11.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS By process of elimination, the City Council appointed Patrice LePera to fill the Housing Authority Tenant Commissioner vacancy. 12. APPROVAL OF MINUTES - NONE. 13. CONSENT ITEMS PUBLIC COMMENT George Uberti spoke regarding Item 13.4. Approval of the Consent Agenda A motion was made by Vice Mayor Rogers, seconded by Council Member Olivares, to waive reading of the text and adopt Consent Items 13.1 through 13.5. City of Santa Rosa Regular Meeting Minutes Page 5 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Combs, Council Member Fleming, Council Member Olivares, and Council Member Sawyer Abstain: 1 - Council Member Tibbetts 13.1 MOTION - APPROVAL OF THE 2019 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT APPLICATION RECOMMENDATION: It is recommended by the Police Department that the Council, by motion, approve the application for the Edward Byrne Justice Assistance Grant, an annual allocation program, that was made available for public comment for a period of 30 days and authorize the Mayor to sign the required Certifications and Assurances. Attachments: Staff Report Attachment 1-Certifications and Assurances Attachment 2- Grant Application Presentation This Consent - Motion was approved. 13.2 MOTION - CONTRACT AWARD - FLASHING YELLOW LEFT TURN ARROW RETROFIT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, award Contract No. C02091, Flashing Yellow Left Turn Arrow Retrofit, in the amount of $456,998.00 to the lowest responsible bidder, DC Electric Group, Inc. of Cotati, California, approve a 20% contract contingency, and authorize a total contract amount of $548.397.60. The source of the funds is the Highway Safety Improvement Program (HSIP) Cycle 8 Federal Grant. No General Fund money is included in this project. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Summary of Bids Attachment 3 – Caltrans NEPA Notice of Determination Attachment 4 – Caltrans NEPA Re-validation Form Presentation This Consent - Motion was approved. 13.3 RESOLUTION - REJECT ALL BIDS - PAVEMENT PREVENTIVE MAINTENANCE 2019 City of Santa Rosa Regular Meeting Minutes Page 6 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, reject all bids received for Construction Contract No. C02252 Pavement Preventive Maintenance 2019. Attachments: Staff Report Attachment 1 - Project Map Attachment 2 - Summary of Bids Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-137 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA REJECTING ALL BIDS FOR THE PAVEMENT PREVENTIVE MAINTENANCE 2019 CONTRACT NO. C02252 13.4 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL HOMELESS EMERGENCY RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, approve an extension of Resolution No. 28839 which formally proclaimed a local homeless emergency within Santa Rosa. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2019-138 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA EXTENDING A PROCLAMATION OF LOCAL HOMELESS EMERGENCY (Government Code Sections 8630 et seq.) 13.5 RESOLUTION - EXTENSION OF PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY DUE TO FIRES RECOMMENDATION: It is recommended by the City Attorney’s Office that the Council, by resolution, declare that the proclamation of a state of local emergency within the City of Santa Rosa has been and remains in full force and effect without interruption. Attachments: Resolution This Consent - Resolution was adopted. City of Santa Rosa Regular Meeting Minutes Page 7 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 RESOLUTION NO. RES-2019-139 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA EXTENDING THE PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY DUE TO FIRES The time not being 5:00 p.m., Mayor Schwedhelm took Report Item 15.1 before Item 14 - Public Comment on non-agenda items. 14. PUBLIC COMMENT ON NON-AGENDA MATTERS Maji Osuji-Bearskinner spoke regarding Nick Carter, victim of Highway patrol verbal attack. Comment provided from speaker card: Seraphs (pre-siberian Natives) deserve equal treatment to spotted owls and salamanders. 15. REPORT ITEMS 15.1 REPORT - BLANKET PURCHASE ORDER WITH AXON ENTERPRISE, INC. FOR THE PURCHASE OF TASER 7 EQUIPMENT AND LICENSE THROUGH THE NPPGOV COOPERATIVE PURCHASE AGREEMENT BACKGROUND: The Tasers currently used by the Police Department are beyond their useful life and need to be replaced with updated equipment. Using a cooperative agreement ensures best pricing through an economy of scale. RECOMMENDATION: It is recommended by the Police and Finance Departments that the Council, by resolution, approve issuance of a Blanket Purchase Order with Axon Enterprise, Inc., Scottsdale, Arizona for the purchase of Taser 7 equipment and applicable licensing for a five-year period under National Purchasing Partners (NPPGov) Cooperative Agreement Contract No. VH11630, in an amount not to exceed $666,491.40. Attachments: Staff Report Resolution Exhibit A - NPP Intergovernmental Cooperative Purchasing Agreement Exhibit A - Co-Op Agreement and Axon Quote (Revised) Presentation Presented by Rainer Navarro, Police Chief. City of Santa Rosa Regular Meeting Minutes Page 8 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 PUBLIC COMMENT George Uberti spoke in opposition to the item. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-140 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A BLANKET PURCHASE ORDER WITH AXON ENTERPRISE, INC., SCOTTSDALE, ARIZONA FOR THE PURCHASE OF TASER 7 EQUIPMENT AND APPLICABLE LICENSING FOR A FIVE-YEAR PERIOD UNDER NATIONAL PURCHASING PARTNERS (NPPGOV) COOPERATIVE AGREEMENT CONTRACT. VH11630, IN AN AMOUNT NOT TO EXCEED $666,491.40. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Combs, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts 15.2 REPORT - SANTA ROSA RAILROAD SQUARE COMMUNITY BENEFIT DISTRICT RESOLUTION OF INTENTION BACKGROUND: Ordinance No. 2018-004 enabling the establishment of Community Benefit Districts (CBD) by adding Article V to Chapter 6-56 of the Santa Rosa City Code, was introduced at the March 13, 2018, Council meeting by a unanimous vote, and adopted on March 20, 2018. Subsequently, the Santa Rosa Downtown CBD was established on July 17, 2018, and an effort to establish a Railroad Square area CBD was launched. Related to the latter effort, a petition, cover letter, summary Management District Plan (MDP) and return envelope was mailed in August to Railroad Square area property owners within a pre-determined area roughly encompassing 18 square blocks between Third Street to Eighth Street and Davis Street to the rail tracks, and consisting of 92 parcels owned by 58 property owners, including the City of Santa Rosa. Per the local enabling ordinance, property owners representing at least 30% of the total assessment amount of the defined proposed CBD area must submit signed petitions in favor of moving forward to a ballot vote for Council to approve the Resolution of Intention. This 30% threshold was met. This resolution allows the City to receive and file the petitions and authorizes the City Manager to sign City of Santa Rosa Regular Meeting Minutes Page 9 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 the petition and forthcoming ballot pertaining to City-owned properties. Additionally, the resolution approves the Management District Plan and Assessment Engineer’s Report and sets in motion the next steps in the CBD formation process. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council by resolution: 1) authorize the City Manager to sign the Santa Rosa Railroad Square Community Benefit District petition and forthcoming ballot; 2) receive and file the District petition results; and 3) state the intention to form the Santa Rosa Railroad Square Community Benefit District and to levy and collect assessments within such district, approve the Management District Plan and Engineer’s Report, set in motion the balloting by directing the City Clerk to mail ballots to the proposed CBD property owners, and schedule the public hearing for October 29, 2019. Attachments: Staff Report Attachment 1 - Petition Report.pdf Resolution Exhibit A - Management Report and Engineers Report.pdf Presentation Presented by Rafael Rivero, Economic Development Specialist and Raissa de la Rosa, Economic Development Manager. A motion was made by Council Member Sawyer, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-141 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE CITY MANAGER TO SIGN THE PETITION AND FORTHCOMING BALLOT; RECEIVING THE DISTRICT PETITION RESULTS; DIRECTING THE CITY CLERK TO FILE THE DISTRICT PETITION RESULTS; AND STATING ITS INTENTION TO ESTABLISH THE SANTA ROSA RAILROAD SQUARE COMMUNITY BENEFIT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO LOCAL ENABLING ORDINANCE, ARTICLE 5 TO CHAPTER 6-56 OF THE SANTA ROSA CITY CODE RELATING TO THE ESTABLISHMENT OF COMMUNITY BENEFIT DISTRICTS AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 10 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 Yes: 6 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Combs, Council Member Fleming, Council Member Olivares, and Council Member Sawyer Abstain: 1 - Council Member Tibbetts 15.3 REPORT - PARKS MEASURE INITIAL AND LONG-TERM PRIORITY PLAN BACKGROUND: Approval of the Parks Measure Initial and Long-Term Priority Plan. A strategy to determine priority needs for the use of Sonoma County Parks Measure (M) funding allocated to the City April 1, 2019 - March 31, 2029. RECOMMENDATION: It is recommended by the Transportation and Public Works Department, Parks Division that the Council, by resolution, approve the Parks Measure Initial and Long-Term Priority Plan. Attachments: Staff Report Resolution Exhibit A-Parks Measure Priority Plan Presentation Presented by Jen Santos, Deputy Director of Parks. PUBLIC COMMENT John Quinn, Santa Rosa Youth Soccer League President, spoke in support of the item. Comment provided from speaker card: Acute and Chronic need for lighted, all-weather soccer fields. Rochelle Coole spoke in support of the item. Isaac Castillo spoke in support of the item. Linda Proulx, Southeast Greenway Campaign, spoke in support of the item. Comment provided from speaker card: The Greenway campaign wants to participate in the community input process for long term planning on Measure M. Thea Hensel spoke in support of the item. City of Santa Rosa Regular Meeting Minutes Page 11 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 A motion was made by Council Member Tibbetts, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-142 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE PARKS MEASURE INITIAL AND LONG-TERM PRIORITY PLAN. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Combs, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts 16. PUBLIC HEARINGS 16.1 PUBLIC HEARING - TEFRA PUBLIC HEARING FOR A TAX-EXEMPT BOND ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AMOUNT NOT TO EXCEED $66 MILLION - QUAIL RUN APARTMENTS - 1018 BELLEVUE AVENUE BACKGROUND: Eden Housing, Inc., (“Eden”) is recapitalizing Quail Run Apartments, an existing 200-unit multifamily affordable housing development, to finance acquisition and rehabilitation of the 20-year-old property. The primary funding sources for the $88 million project include a tax-exempt bond issuance and a new allocation of tax credits. Eden has selected the California Municipal Finance Authority (“CMFA”), a joint powers authority of which the City is a member, to be the issuer of multifamily housing revenue bonds in an amount not to exceed $66 million. Eden has requested that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act (“TEFRA”). The issuance of tax exempt, private activity bonds, even by an outside joint-powers authority, must be approved by the governing body in whose jurisdiction the project is located following a public hearing. All financial obligations of the bond issuance are the responsibility of the borrower/new owner. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution, (1) approve the issuance by the California Municipal Finance Authority (CMFA) of tax exempt, multifamily housing revenue bonds in an amount not to exceed $66 million to finance the acquisition, rehabilitation and associated costs of Quail Run Apartments, 1018 Bellevue Avenue; and City of Santa Rosa Regular Meeting Minutes Page 12 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 (2) appropriate the City’s share of CMFA’s issuance fee (approximately $18,000) to Fund 2295 - Housing Compliance Fund for affordable housing purposes. Attachments: Staff Report Attachment 1 - Locational Graphic Attachment 2 - Eden Housing request letter Resolution Presentation Presented by Frank Kasimov, Program Specialist and Steve Melikian, Jones Hall. Mayor Schwedhelm opened the public hearing at 6:44 p.m. George Uberti spoke in opposition to the item. Travis Cooper, California Municipal Finance Authority, spoke in support of the item. Andy Madeira, Eden Housing, spoke in support of the item. Hearing no one else wishing to speak, Mayor Schwedhelm closed the public hearing at 6:52 p.m. A motion was made by Council Member Combs, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2019-143 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE ISSUANCE OF QUALIFIED RESIDENTIAL RENTAL PROJECT BONDS IN AN AMOUNT NOT TO EXCEED $66 MILLION BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN ACCORDANCE WITH SECTION 147(f) OF THE INTERNAL REVENUE CODE AND THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO SAID AUTHORITY. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Rogers, Council Member Combs, Council Member Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Tibbetts 17. WRITTEN COMMUNICATIONS (AND POSSIBLE COUNCIL ACTION) City of Santa Rosa Regular Meeting Minutes Page 13 of 13 City Council Regular Meeting Minutes - Final September 10, 2019 17.1 RESPONSE TO GRAND JURY REPORT - Authorize Mayor to sign submittal letter of response to 2018-2019 Grand Jury Report “Will There be Water After an Earthquake?” - For Council action. Attachments: Letter to Presiding Judge Grand Jury Response Form Grand Jury Response Form - Attachment This item was received and filed. 17.2 FINAL MAP - Gardens Subdivision - This project will subdivide 10.23 acres into 82 lots. Provided for Information. Attachments: Notice of Submittal of Final Map Location Map This item was received and filed. 18. PUBLIC COMMENTS ON NON-AGENDA MATTERS Pat Mitchell spoke regarding the proposed compost facility. 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 6:59 p.m. The next regularly scheduled meeting will take place on September 24, 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: October 1, 2019 /s/ Dina Manis Acting City Clerk