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, June 16, 2020 3:00 PM 1. CALL TO ORDER AND ROLL CALL (VIDEO CONFERENCE) Mayor Schwedhelm called the meeting to order at 3:00 p.m. Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Schwedhelm recessed the meeting to closed session at 3:00 p.m. to discuss Items 2.1 and 2.2 as listed on the agenda: 2.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Alan Alton, Interim Chief Financial Officer, Amy Reeve, Human Resources Director, Jeremia Mills, Employee Relations Manager and Jeff Berk, Chief Assistant City Attorney. Employee Organizations: Santa Rosa Firefighters Association - Local 1401 (representing City Employee Unit 2); Operating Engineers Local 3, Maintenance and Utility System Operators (Employee Units 3 and 16); Santa Rosa City Employees Association (Employee Units 4, 6, 7); Santa Rosa Police Officers Association, (Employee Unit 5); Service Employees International Union Local 1021, (Employee Units 8 and 14); Public Safety Management Association (Employee Unit 9); Executive Management (Employee Unit 10); Middle Management (Employee Unit 11); Confidential (Employee Unit 12); Mechanics (Employee Unit 13); City Attorney (Employee Unit 15); Santa Rosa City Attorneys’ Association (Employee Unit 17), Santa Rosa Management Association (Employee Unit 18). This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 2 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 2.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: one potential case City of Santa Rosa, et al. v. Pacific Gas & Electric Company; PG&E Corporation in re Kincade Fire of 2019 This item was received and filed. Mayor Schwedhelm adjourned the closed session at 3:54 p.m. and reconvened to regular session at 4:00 p.m. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Sue Gallagher reported Council met in closed session on Item 2.1 and gave direction to its labor negotiators and on Item 2.2 gave direction to legal council regarding the anticipated litigation against PG&E in connection with the Kincade Fire. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - MARTIN LUTHER KING/JUNETEENTH DAY Attachments: Proclamation Nancy Rogers, Chair for Martin Luther King/Juneteenth Festival, thanked the Council for celebrating the Juneteenth Festival during this time. Elaine Holtz, Vice President of Juneteenth Committee, thanked the Council and noted it is the 50th Anniversary of the festival. Tina Rogers, Juneteenth Committee Member, commemorated everyone for bringing the proclamation forward and honoring the Juneteenth Festival. City of Santa Rosa Regular Meeting Minutes Page 3 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Lauri Anderson submitted comment supporting the Juneteenth Festival and asked Council to reallocate funds from the Police Department budget to programs that support housing, mental health, substance abuse, and education. Kathleen Johnson submitted comment supporting the Juneteenth Festival and asked Council to review funding for Police and reallocate funding to social services. Council Member Olivares read the proclamation into the record. 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. No report was provided. This item was received and filed. 7.2 COVID-19 RESPONSE UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. David Gouin, Housing and Community Services Director, provided an update on the Homeless Emergency response to COVID 19 and the work being done with the homeless encampment under the Hwy. 101 underpasses. Raissa De La Rosa, Economic Development Manager, provided a brief report on the work by the Economic Recovery Task Force reporting information on a micro loan program; expanding the Families First Coronavirus Response Act that addresses employee paid leave, and that the Open and Out program. Jason Nutt, Assistant City Manager, provided a brief report on the work of Team Santa Rosa working groups and introduced the following staff to provide reports: City of Santa Rosa Regular Meeting Minutes Page 4 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Jeremy Gundy, Deputy Director Field Services, provided a brief report on the Resuming Work Field Services Task Force working group comprised of Santa Rosa Water, Transportation and Public Works, and the Parking Division of Finance. Amy Reeve, Human Resources Director, provided a brief report on the Wellness Work Group work focusing on communications to City employees as they continue to work and return to work during the pandemic. Jeremia Mills, Employee Relations Manager, provided a brief report on the work of the Public Openings Working Group centered around allowing the public back into the offices, public counters, parks and community events. Neil Bregman, Emergency Preparedness Manager, provided a brief report on the Ongoing Recovery Group focus on getting groups the tools they need to execute their functions, departmental needs, and evaluated what supplies might be needed based on CDC and County information. This item was received and filed. 7.3 WATER SUPPLY UPDATE Staff will update the City Council on current water supply conditions and water use efficiency programs and activities Water Department staff are implementing in response to the dry year. The Council may discuss this item and give direction to staff. Attachments: Presentation (Uploaded 6/15/2020) Jennifer Burke, Water Director, provided a brief update on the local water supply conditions and how Santa Rosa is responding to the dry year and an update on recycled water storage, wholesale water suppliers water supply storage, and water efficiency programs. Peter Martin, Deputy Director Water & Engineer Resources, provided a brief report on the work of the Sonoma Marin Saving City of Santa Rosa Regular Meeting Minutes Page 5 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Water Partnership and the Water Use Efficiency Program changes during COVID. This item was received and filed. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager Sean McGlynn reported the City had been notified its joint application with MidPen Housing and SMART to the state Affordable Housing and Sustainable Communities grant program has been recommended for award and anticipated the award to be made at the California Strategic Growth Council. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS None. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Rogers reported he attended the vigil and march for Andy Lopez and will be attending the march on Saturday, June 24. Council Member Tibbetts made comment on looking forward to having conversations with the community regarding the Police Department and on the City receiving low income housing tax credits for affordable housing projects with a letter of support seeking funding and stressed that the City maintain some degree of control that incorporates the City's priorities. Vice Mayor Fleming spoke in support of all black lives and peaceful supporters, that she will be working hard to listen to community members who want to talk about the issues and urged the Council to be bold and unflinching. Mayor Schwedhelm reported he would be attending the virtual TECAC meeting in Sacramento; he received a letter from the community and the Santa Rosa School District asking for changes in light of the Black Lives Matter movement and noted he signed the pledge and is committed to action. The Mayor reported a Public Safety Subcommittee has been created comprising of himself, Vice City of Santa Rosa Regular Meeting Minutes Page 6 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Mayor Fleming, and Council Member Sawyer to review public safety issues, annual reports, after action reports for emergency services for Fire and Police, to review public safety policies and procedures and the independent Police Auditor function. The Mayor reported he and Police Chief Rainer Navarro have been meeting with representatives from the NAACP, will be meeting with representatives from Saturday's peaceful demonstration and that they will be meeting with representatives from the Human Rights Commission. Council Member Sawyer commented on looking forward to serving on the Public Safety Subcommittee. 10.1 MAYOR'S/COUNCIL MEMBERS' 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) Council Member Rogers noted the Council will receive a brief report from SCTA on Measure M. 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 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) 10.1.8 Groundwater Sustainability Agency (GSA) Mayor Schwedhelm provided a brief report. 10.1.9 Home Sonoma County (HSC) 10.1.10 Renewal Enterprise District (RED) City of Santa Rosa Regular Meeting Minutes Page 7 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 10.1.11 Other 11. APPROVAL OF MINUTES 11.1 April 7, 2020, Regular Meeting Minutes. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS Approval of the Consent Agenda A motion was made by Vice Mayor Fleming, seconded by Council Member Rogers, to waive reading of the text and adopt Consent Items 12.1 through 12.3. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 12.1 RESOLUTION - CONTRACT EXTENSION WITH MV TRANSPORTATION FOR ADA PARATRANSIT SERVICES AND OAKMONT DEVIATED FIXED-ROUTE SERVICE RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve and authorize the Director of Public Works to execute a Third Amendment to Professional Services Agreement Number F000983 with MV Transportation, Inc. of Fairfield, California, subject to approval by the City Attorney, to extend the term for six months, increase compensation, allow for use of federal CARES Act funding and the provision of certain additional, related services by MV Transportation with City authorization. Attachments: Staff Report Attachment 1 - MVCost Proposal Resolution Exhibit A - Amendment No. 3 to MV Transportation Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020- 089 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A THIRD City of Santa Rosa Regular Meeting Minutes Page 8 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F000983 WITH MV TRANSPORTATION, INC. OF FAIRFIELD, CALIFORNIA TO PROVIDE ADA PARATRANSIT SERVICES AND A DEVIATED FIXED ROUTE SERVICE IN THE OAKMONT COMMUNITY AND AUTHORIZING THE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS TO EXECUTE THE AGREEMENT 12.2 RESOLUTION - GENERAL MUNICIPAL ELECTION - NOVEMBER 3, 2020: CALLING THE ELECTION, REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION AND ADOPTING REGULATIONS PERTAINING TO CANDIDATE STATEMENTS RECOMMENDATION: It is recommended by the City Clerk that the Council, by two resolutions: 1) call and request to consolidate the November 3, 2020, General Municipal Election for the elective offices for Council Districts 1, 3, 5, and 7 with the Statewide General Election; and 2) adopt regulations pertaining to candidate statements as required by Elections Code Section 13307. Attachments: Staff Report Attachment 1 - Election Calendar Resolution 1 - Call and Consolidation Resolution 2 - Regulations Presentation These two Consent - Resolutions were adopted. RESOLUTION NO. RES-2020-090 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AS REQUIRED BY CITY CHARTER AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. RES-2020-091 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING REGULATIONS FOR CANDIDATES FOR NONPARTISAN ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 12.3 RESOLUTION - LOCAL EARLY ACTION PLANNING GRANT City of Santa Rosa Regular Meeting Minutes Page 9 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 APPLICATION RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, authorize the submission of a non-competitive Local Early Action Planning (LEAP) Grant application for State funding, in the amount of $500,000, to create a Mendocino Avenue Specific Plan to accelerate or incentivize the production of housing and to authorize the Assistant City Manager to execute a Standard Agreement with the State of California. Attachments: Staff Report Attachment 1 - LEAP Grant Application.pdf Attachment 2 - Mendocino Avenue Corridor PDA Attachment 3 - Map of Existing Santa Rosa PDAs REVISED Attachment 3 (Uploaded 6-16-2020) Resolution Presentation REVISED Presentation (Uploaded 6-16-2020) This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-092 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS FROM THE LOCAL EARLY ACTION PLANNING (LEAP) GRANT IN THE AMOUNT OF $500,000 TO CREATE A MENDOCINO AVENUE SPECIFIC PLAN TO ACCELERATE OR INCENTIVIZE THE PRODUCTION OF HOUSING 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Ash spoke in support of defunding the Police Department. Roman Campos spoke regarding his feeling the Council is not recognizing what is going on in the community, the constitutional right to protest, and invited the Council to the 24-hour protest in Doyle Park on June 24. Genevieve Albers spoke thanking the Mayor and Council for the meeting, thanked Nancy and Elaine for their work on the Juneteenth Festival, demanded the halt to the use of SWAT response and tear gas, to convene an emergency task force, and asked that all charges against the peaceful protestors be dropped. City of Santa Rosa Regular Meeting Minutes Page 10 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Carla spoke stating she echoed the comments of Roman and Genevieve and stated that the use of tear gas and rubber bullets are unacceptable. Kristen Malone spoke stating she echoed all the comments by previous speakers, in support of defunding the Police and to ban the use of tear gas and rubber bullets. Tamara spoke stating she echoed the complaints on how the Police acted towards the peaceful protestors, in support of banning the use of tear gas and rubber bullets, and asked the Mayor to attend the 24 hour protest. Natalie Anderson spoke stating she echoed the previous complaints voiced and expressed her surprise this issue has not taken a priority on the agenda, commended the Juneteenth celebration, and in opposition to the use of tear gas and rubber bullets. Eric Fraser, Greater Cherry St. Neighborhood, spoke stating he echoed the previous comments and on his observation the peaceful protestors were met with militaristic measures. Duane De Witt submitted comment on his concern that the public cannot participate in online meetings and asked they be made available at a physical location for the public to attend and commented on participatory budgeting. Nicholas Nicholas spoke calling on Mayor Schwedhelm and Council Member Olivares to recuse themselves from Police budget matters. Mayor Schwedhelm recessed the meeting at 5:45 p.m. and reconvened the meeting at 6:00 p.m. Rollcall Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd City of Santa Rosa Regular Meeting Minutes Page 11 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 14. REPORT ITEMS 14.2 REPORT - GOSONOMA - NOVEMBER 2020 TRANSPORTATION SALES TAX BALLOT MEASURE BACKGROUND: The Sonoma County Transportation Authority (SCTA) Board has been discussing when and how to ask voters to continue support for a local tax for transportation. In March 2019, then SCTA Chair Landman formed the Measure M ad hoc committee to help focus the approach. Members of the ad hoc are Chair Susan Gorin and Directors Bagby, Gurney, Landman, Rabbitt and Rogers. The SCTA advisory committees reviewed the strawman proposal in late January and early February. In February and March, the SCTA Board took public comment and deliberated on the strawman. The direction to SCTA staff was to drop the proposed structure, simplify the content and provide greater detail on the overall expenditure plan. The DRAFT Expenditure Plan, GoSonoma, was developed to include four programs in two categories: (Category A) fix roads and fill potholes and improve traffic (65%); (Category B) improve alternatives to cars, fight climate change (35%). RECOMMENDATION: It is recommended by the Sonoma County Transportation Authority and Transportation and Public Works Department that the Council 1) receive a presentation from the Sonoma County Transportation Authority, and 2) consider, by motion, expressing support for the Sonoma County Transportation Authority’s plans for placing the GoSonoma measure on the November 2020 ballot. Attachments: Staff Report Attachment 1 SCTA Staff Report From May 26 2020 Attachment 2 Ordinance No. 5 with GoSonoma Expenditure Plan Attachment 3 GoSonoma Info Sheet Presentation Jason Nutt, Assistant City Manager, introduced Suzanne Smith, Executive Director of Sonoma County Transportation Authority, who presented the item and answered questions from the Council. PUBLIC COMMENT Genevieve Albers spoke asking if the Council will be responding to City of Santa Rosa Regular Meeting Minutes Page 12 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 previous public comments made under Item 13. Carla Wiking spoke in support of GoSonoma and requested Council respond to previous public comments under Item 13. Eris Weaver, Executive Director of the Sonoma County Bicycle Coalition, submitted comment in support of Measure M. Steve Birdlebough submitted comment in support of Measure M. Anne Seeley submitted comment asking Council to set aside funds for extensive development of electric car charging stations. A motion was made by Council Member Rogers, seconded by Council Member Tibbetts, to support the Sonoma County Transportation Authority's GoSonoma measure on the November 2020 ballot and give Council Member Rogers, as the SCTA Representative, the flexibility to continue to have discussions with stakeholders to determine if an opportunity exists to successfully place this on the ballot or to wait and renegotiate in two years. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 14.1 REPORT - RESUMPTION OF PAID PARKING EFFECTIVE JULY 1, 2020 AND APPROVAL OF REDUCED PARKING FEE SCHEDULE BACKGROUND: This item recommends lifting the temporary waiver of parking fees that City Council approved on April 14, 2020, effective July 1, 2020, and recommends approval of various parking fee reductions effective July 1, 2020 to December 31, 2020. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, effective July 1, 2020: 1) Lift the temporary waiver of parking fees to reinstate the Schedule of Parking Fees; and 2) Approve a Reduced Parking Fee Schedule as Addendum 1 to the Schedule of Parking User Fees, which would be effective July 1, 2020 through December 31, 2020. City of Santa Rosa Regular Meeting Minutes Page 13 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Attachments: Staff Report Attachment 1 - Schedule of Parking User Fees Resolution Exhibit A - Addendum to Schedule of Parking User Fees Presentation Late Correspondence (Uploaded 7-13-2020) Kim Nadeau, Parking Manager, presented and answered questions from the Council. PUBLIC COMMENT Eric Fraser spoke on his concern of the negative impacts of parking enforcement revenue and the closure of streets in the downtown area. Roman Campos spoke on feeling the public announcements are just photo opportunities for the Council and asked if the Council would be attending the protest. Natalie Balfour spoke thanking the Council and staff for the work they are doing to help businesses during the pandemic and, on behalf of Airport Business Center and Santa Rosa Cinemas, requested Council to wait on reinstating the paid parking. Angela Butler submitted comment in opposition to reinstating paid parking. Christa Nash submitted comment in opposition to reinstating paid parking. Sarah Greer, Events Coordinator Shady Oak Barrel House, submitted comment in opposition to reinstating paid parking. Alisse Cottle, Co-Owner of Brew Coffee and Beer House, submitted comment in opposition to reinstating paid parking. Jack Traxler submitted comment in opposition to reinstating paid parking. City of Santa Rosa Regular Meeting Minutes Page 14 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Andrew Leonard submitted comment in opposition to reinstating paid parking. Lesley Gibbons submitted comment in opposition to reinstating paid parking. Kimberly Hoffman, Well Sonoma, submitted comment in opposition to reinstating paid parking. Mia Revelle submitted comment in opposition to reinstating paid parking. Christine Sullberg, Noble Folk Ice Crea & Pie Bar, submitted comment in opposition to reinstating paid parking. Deacon Carpenter, Executive Director Well Sonoma, submitted comment in opposition to reinstating paid parking. Josh Silvers, Jackson's Bar & Oven, submitted comment in opposition to reinstating paid parking. Ursa Born submitted comment in opposition to reinstating paid parking. Regina Silvers submitted comment regarding the homeless camp limiting parking in Railroad Square and in opposition to reinstating paid parking. A motion was made by Council Member Sawyer, seconded by Vice Mayor Fleming, to waive reading of the text and adopt RESOLUTION NO. RES-2020-087 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RESUMING PAID PARKING EFFECTIVE JULY 1, 2020 AND APPROVE REDUCED PARKING USER FEES EFFECTIVE JULY 1, 2020 TO DECEMBER 31, 2020 The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 15 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Yes: 4 - Vice Mayor Fleming, Council Member Olivares, Council Member Sawyer, and Council Member Dowd No: 3 - Mayor Schwedhelm, Council Member Rogers, and Council Member Tibbetts 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION FOR A TENTATIVE MAP FOR THE BURBANK AVENUE SUBDIVISION, LOCATED WITHIN THE ROSELAND PRIORITY DEVELOPMENT AREA, TO SUBDIVIDE 14.25 ACRES OVER FOUR (4) LOTS INTO 75 LOTS THAT WOULD ALLOW DEVELOPMENT OF 62 SINGLE-FAMILY LOTS, 12 DUETS, AND 64 MULTI-FAMILY APARTMENTS LOCATED AT 1400 BURBANK AVENUE, SANTA ROSA, CA 95407; ASSESSOR’S PARCEL NUMBERS 125-331-003, 125-361-003, 125-361-006, 125-361-007; FILE NO. MAJ19-003 BACKGROUND: The proposed development includes the subdivision of 14.25 acres over four (4) lots into 75 lots that would allow development of 62 single-family lots, 12 duets, and 64 multi-family apartments totaling 138 new housing units. The single-family homes and duets will be on individual lots and the multi-family apartments will be on one lot. On February 13, 2020, the Planning Commission held a duly noticed public hearing where the Commission reviewed the Tentative Map (MAJ19-003) and received a presentation from Staff, a presentation from the applicant team, heard public comments, and made findings for the approval of the Major Subdivision Tentative Map. An appeal to the Commission’s decision was filed by Mark Henry Parrish with the City Clerk’s Office on February 24, 2020. Staff is recommending that Council deny the appeal to allow approval of the Tentative Map for the Project based on the Planning Commission’s approval on February 13, 2020, as well as the Project’s compliance with Zoning Code requirements and consistency with the General Plan and Roseland Area/Sebastopol Road Specific Plan policies associated with land use compatibility, range of housing types, and proximity to services and amenities. RECOMMENDATION: It is recommended by the Planning and City of Santa Rosa Regular Meeting Minutes Page 16 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Economic Development Department and the Planning Commission that Council, by resolution, deny the appeal and approve the Tentative Map for the Burbank Avenue Subdivision, located within the Roseland Priority Development Area, to subdivide 14.25 acres over four (4) lots into 75 lots that would allow development of 62 single-family lots, 12 duets, and 64 multi-family apartments. Attachments: Staff Report Attachment 1 - Disclosure Form Attachment 2 - Amended Project Narrative received on January 30, 2020 Attachment 3 - Tentative Map received January 9, 2020 Attachment 4 - School Access Exhibit received December 24, 2019 Attachment 5 - Setback Exhibit received January 6, 2020 Attachment 6 - Landscape Plans date received February 4, 2020 Attachment 7 - Architectural Plans received February 4, 2020 Attachment 8 - Architectural Plans received April 17, 2020 Attachment 9 - Multifamily Architectural Plans received February 4, 2020 Attachment 10 - Multi-Family Architectural Plans received April 17, 2020 Attachment 11 - Burbank Ave Subdivision Consistency Memo with EIR Attachment 12 - Roseland Area Sebastopol Road Specific Plan Consistency Determination Attachment 13 - Final Traffic Impact Study dated December 11, 2019 Attachment 14 - Biological Resources Assessment dated December 2019 Attachment 15 - Wetland Delineation Report dated August 6, 2018 Attachment 16 - Air Quality and Greenhouse Gas Emissions Analysis Report dated December 18, 2019 Attachment 16a - Air Quality and Greenhouse Gas Emissions Analysis Appendix A Attachment 16b- Air Quality and Greenhouse Gas Emissions Analysis Appendix B Attachment 16c - Air Quality and Greenhouse Gas Emissions Analysis Appendix C Attachment 17 - Noise Impact Analysis Report dated December 18, 2019 Attachment 18 - Planning Commission Amended Resolution No. 12005 Attachment 19 - Public Correspondence Attachment 20 - Signed Res CUP19-095 and DR19-054 Attachment 21 - Appeal received February 24, 2020 Attachment 22 - Applicant Response to Appeal Letter dated March 30, 2020 Attachment 23 - Waterstone confirming purchase of multi-family units dated 5.21.2020 Resolution Exhibit A - DAC Report dated 1-13-2020 Presentation REVISED Presentation (Uploaded 6-16-2020) Applicant Presentation (Uploaded 6/15/2020) Appellant Presentation (Uploaded 6/15/2010) Late Correspondence (Uploaded 7-13-2020) The following Council Members made Ex Parte disclosures: City of Santa Rosa Regular Meeting Minutes Page 17 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Council Member Rogers reported he received emails, had a discussion with a community member and noted no information was gleaned from the conversation. Council Member Sawyer reported he received emails and had a conversation with his Planning Commission appointee and did not receive any additional information that was not already contained in the staff report available to the public. Mayor Schwedhelm reported he had a conversation with the Chair of the Planning Commission and the information has been provided in the public documents. Bill Rose, Supervising Planner, provided a brief overview of the project and introduced City Planner Adam Ross who presented and answered questions from the Council. Planning Commission Chair Patti Cisco reported on the process and deliberation the Planning Commission took at their February 13, 2020, meeting which culminated in approving the tentative map of the Burbank Avenue Subdivision, and provided information on the Commission's hearing on the appeal of the Zoning Administrator approval of the minor use permit. Applicant Joe Ripple, Schellinger Bros., made a presentation on their project and their experience through the process. John Warden, Project Architect, presented an overview of the project; Mark Bowers, Landscape Architect, presented an overview of the landscape design; Cort Munselle, Munselle Civil Engineering, presented information on the tentative map. Appellant Erin Rineberg presented the grounds for their appeal and presented their grievances on the project and why the appeal should be upheld. Mayor Schwedhelm provided the applicant, Joe Ripple, an opportunity to respond to the Appellant and no response was made. City of Santa Rosa Regular Meeting Minutes Page 18 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Mayor Schwedhelm opened the public hearing for public comment at 7:39 p.m. PUBLIC COMMENT Efren Carrillo, Director of Government Community Relations with Burbank Housing, spoke in support of denying the appeal and stated Burbank Housing is committed to building affordable housing in Santa Rosa. Jeff Jones submitted comment in opposition to the project. Janet Lorraine Paul submitted comment regarding her concerns of traffic congestion and air pollution and in opposition to the project. Sonja Trauss, Executive Director YIMBY Law, submitted comment providing text of California Government Code 65589.5, the Housing Accountability Act and in support of the project. Seeing no one else wishing to speak, Mayor Schwedhelm closed the public hearing at 7:52 p.m. A motion was made by Council Member Tibbetts, seconded by Council Member Olivares, to waive reading of the text and adopt RESOLUTION NO. RES-2020-088 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING AN APPEAL AND APPROVING A SUBDIVISION TENTATIVE MAP FOR THE BURBANK AVENUE SUBDIVISION, LOCATED WITHIN THE ROSELAND PRIORITY DEVELOPMENT AREA, TO SUBDIVIDE 14.25 ACRES OVER FOUR PARCELS INTO 75 LOTS THAT WOULD ALLOW DEVELOPMENT OF 62 DETACHED SINGLE-FAMILY UNITS, 12 SINGLE-FAMILY ATTACHED DUETS, AND 64 ATTACHED RESIDENTIAL UNITS WITH THE ADDITION OF A 6 FOOT TALL GOOD NEIGHBOR FENCE ALONG THE NORTH SIDE OF PUBLIC ROAD 4, CONTINGENT UPON THE APPROVED MINOR USE PERMIT (CUP19-095). LOCATED AT 1400 BURBANK AVENUE- ASSESSOR'S PARCEL NUMBERS 125-331-003, 125-361-003, 125-361-006, 125-361-007 - FILE NUMBER PRJ19-031 (MAJ19-003) City of Santa Rosa Regular Meeting Minutes Page 19 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 16. WRITTEN COMMUNICATIONS 16.1 NOTICE OF FINAL MAP - STONY VILLAGE NORTH - Provided for information. Attachments: Notice of Submittal of Final Map Location Map This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Genevieve Albers spoke on police brutality, the parking issue. Kevin Connelly spoke on the cyclone fence around the police station, and suggested painting Black Lives Matter in yellow letters in front of the Police and Fire stations. Fara Cole spoke on living in the downtown area , in support of art installations, and in opposition to paid parking, the police budget and the homeless situation. Katie Silva spoke on being disappointed Council only allows 10 speakers during the first agenda item and on defunding police to address the homeless problem, dropping the charges against protestors, and the frustration in the community. Mark Pollak submitted comment regarding the statutory requirements for telecommunication companies to place small cell towers throughout the city and the provisions of U.S. Code 47332 related to insurance requirements allowed for issuing permits. Sidnee Cox submitted comment asking Council to adopt a comprehensive wireless telecommunication frequency antenna ordinance. City of Santa Rosa Regular Meeting Minutes Page 20 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Alex Krohn spoke in opposition of 4G/5G small cell towers being installed in residential and school zones and creating an ordinance prohibiting the installation. Martha Glaser spoke in opposition of 5G small towers being installed and asked Council to adopt a protective ordinance. Sara Cole spoke in support of defunding the Police department and allocating funds to the homeless and mental health crisis in Santa Rosa. Nicholas Haig-Arack submitted comment in support of investing funds to public safety organization that prioritize community engagement, mental health training, the homelessness crisis. Lauri Anderson submitted comment regarding her respect for the police and requested the Council make transparent the exact expenditures of the Police Department and how the proposed budget will be spent. Kim Schroeder submitted comment in opposition of 4G/5G small towers being installed in neighborhoods, school zones, and other sensitive areas and in support of a telecommunications ordinance providing protections for residents. Gwen Gunheim submitted comment asking for toilets and hand washing stations be placed for the homeless in the downtown area, the creation of a local police commission to explore alternatives to policing, and a commitment to change Measure O. Sarah Rodriguez submitted comment in support of redirecting police funding to social services and housing and exploring alternatives to mental health responses that do not involve law enforcement. Lauren Peters submitted comment in support of reallocating police funding to housing, education, and mental health. City of Santa Rosa Regular Meeting Minutes Page 21 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Brianna Hanson submitted comment in support of reallocating police funding to housing, education, and social services and holding law enforcemetn accountable for uses of force and abuses of power. Jacqueline Rocha submitted comment in support of reallocating police funding to housing, education, and social services and holding law enforcement accountable for uses of force and abuses of power. Kathy Harris submitted comment on her concern of the homeless encampment under Hwy. 101 and College Avenue and the growing amount of trash at the site. Jojo Sanders submitted comment in support of reallocating police funding to housing, education, and social services and implementation of the Independent Office of Law Enforcement Review and Outreach (IOLERO) to hold law enforcement accountable for uses of force and abuses of power. Lorelle Saxena submitted comment asking a portion of police funding be reallocated to public safety, social work, housing, and schools and that the Police use of force during the protests be investigated and officers held accountable. 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 Schwedhelm adjourned the meeting at 9:52 p.m. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List City of Santa Rosa Regular Meeting Minutes Page 22 of 22 City Council Regular Meeting Minutes - Final June 16, 2020 Approved on: November 10, 2020 /s/ Stephanie A. Williams, City Clerk