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, March 15, 2022 1:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor C. Rogers called the meeting to order at 1:00 p.m. Present: 6 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 1 - Council Member Victoria Fleming 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS No public comments were made. Mayor C. Rogers recessed the meeting to closed session at 1:03 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, Chief Financial Officer, Amy Reeve, Human Resources Director, Jeremia Mills, Deputy Director - Human Resources and Jeff Berk, Chief Assistant City Attorney. Employee Organization: Santa Rosa City Attorneys’ Association (Employee Unit 17). This item was received and filed. 2.2 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: APN’s 043-191-021; 043-200-010 1130 Hearn Avenue and 0 Pebblecreek, Santa Rosa Agency Negotiator: Jill Scott, Real Property Manager Negotiating Parties: Judith Peletz Trust, et al. Under Negotiations: Price and terms of payment. This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 2 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Mayor C. Rogers adjourned closed session at 2:26 p.m. and reconvened to study session at 2:34 p.m. 3. STUDY SESSION Present: 7 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Victoria Fleming, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm 3.1 SEED COLLABORATIVE EQUITY PLAN UPDATE This Study Session will provide an update on the City-wide diversity, equity, inclusion and belonging journey with SEED Collaborative and provide an opportunity for discussion. Attachments: Staff Report Attachment 1 Presentation Amy Reeve, Director of Human Resources, introduced staff from SEED Collaborative, who made the presentation. Paul Hudson, SEED Collaborative, presented and answered questions from Council. Evan Holland, SEED Collaborative, presented and answered questions from Council. PUBLIC COMMENT Duane De Witt spoke in support of a collaborative approach, of implementing this technique to residents to share in the government process, and giving employees the space to voice dissent without retaliation. Mayor C. Rogers recessed the meeting at 3:50 p.m. reconvened at 4:00 p.m. 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Victoria Fleming, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm City of Santa Rosa Regular Meeting Minutes Page 3 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Sue Gallagher reported Council met in closed session on Item 2.1 Labor Negotiators, provided direction to the negotiation team and no final was action, and on Item 2.2 Real Property Negotiator, Council provided direction and no final action was taken. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - NATIONAL SURVEYORS WEEK Attachments: Proclamation Proclamation Signed (Uploaded 3-15-2022) Council Member Sawyer read the proclamation. Transportation and Public Works staff Mike Jones, Supervising Land Surveyor, and Walt Olawski, Associate Land Surveyor, accepted the proclamation, thanked the Council and provided a brief history on the Association of Land Surveyors. No public comments were made. 7. STAFF BRIEFINGS PUBLIC COMMENT Duane De Witt spoke on Item 7.1, the availability of testing and vaccinations, and for Council to ask the state to open government to the public. 7.1 COVID-19 RESPONSE UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. City Manager Maraskeshia Smith reported COVID-19 cases and hospitalizations continued to decline, guidelines around masking and testing continue to loosen, and public health officials continue to recommend getting vaccinated and keeping boosters up-to-date. More information can be found at socoemergency.org. City of Santa Rosa Regular Meeting Minutes Page 4 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 7.2 DEBRIS RESPONSE TEAM UPDATE Staff will provide council with a one-year update of the activities of the Debris Response Team. No action will be taken except for possible direction to staff. Jeremy Gundy, Deputy Director Field Services, and William Fetrow, Streets Crew Supervisor, presented an update on the work of the Debris Response Team, encampment clean-up efforts, illegal dumping throughout the city, hazardous materials and spills in the city, and reported the Debris Response Team has removed 4,275 cubic yards of roadside and encampment debris from City property and roadways. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager Smith reported that in response to on-going drought conditions, this week Santa Rosa Water is participating in the National Fix-A-Leak Week, encouraging residents and businesses to take the 10-minute fix-a-leak challenge. For more information visit srcity.org/fixleaks. 8.1 REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 through February 2022 as well as provide a summary of pending litigation against the City. Attachments: Litigation Report City Attorney Gallagher briefly addressed the Brown Act, reported on the County of Sonoma's violation of the Brown Act in their redistricting process, reassured the Council that Brown Act training is provided to all new Council, Boards, Commissions, and Committee Members and reminded the Council if they hear of or see a threat of litigation, to document the threat and provide the documentation to the City Attorney's Office. City Attorney Gallagher also reminded Council that meetings with staff cannot be used as an indirect means to share information to other Council Members. City Attorney Gallagher reported 27 cases are currently pending; City of Santa Rosa Regular Meeting Minutes Page 5 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 four receiverships with two cases close to closing; eight general litigation matters that include a breach of contract, civil rights, and disability discrimination; eight personal injury; three police cases and four writs of mandate; several new claims; and preparation for five trials. City Attorney Gallagher noted the list does not include all the other litigation work the office does on behalf of the City. Mayor Rogers provided information on how to contact the Debris Removal Team, and City Manager Smith announced the MySantaRosa app is now available to the public. No public comments were made. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member MacDonald thanked Recreation and Parks staff for their work on the Parks a Month Project, she attended a tour of the expansion of Sam Jones Hall Caritas Village Project, thanked Council Member N. Rogers and Council Member Fleming for presenting at the Commission on the Status of Women. Council Member Fleming reported on increasing concerns from residents on vicious animals and animal control safety and will be working with Police Chief Navarro on an agenda for the Public Safety Subcommittee meeting on April 20, 2022. Council Member N. Rogers reported she enjoyed presenting to the Commission on the Status of Women on self-care, she conducted a tour of City Hall with youth in the community, and thanked staff for their work and support. Vice Mayor Alvarez announced he met with constituents at Southwest Community Park and appreciated the opportunity to meet with them in person to discuss their concerns. City of Santa Rosa Regular Meeting Minutes Page 6 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Mayor C. Rogers thanked the Recreation and Parks staff for their work on the Parks a Month Project and the Arbor Day celebration. The Mayor participated in the St. Patricks Day 5K Run and the Read Across America event. PUBLIC COMMENT Gregory Fearon spoke in support of appointing David Gouin to the Renewal Enterprise District Housing Fund Board. A motion was made by Mayor Rogers, seconded by Council Member Schwedhelm, to appoint David Gouin to the Renewal Enterprise District Housing Fund Board. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 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 Council Member Fleming provided a brief report on the North Bay Commissioners Metropolitan Transportation Commission meeting. Mayor Rogers provided brief reports on the Climate Action Subcommittee meeting, the Long Term Financial Policy and Audit Subcommittee meeting, and the Economic Development Subcommittee meeting. 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Mayor Rogers provided a brief report. 10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee City of Santa Rosa Regular Meeting Minutes Page 7 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 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) Mayor Rogers provided a brief report. 10.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Sonoma County Continuum of Care (CoC) 10.1.10 Renewal Enterprise District (RED) Council Member Fleming reported the Renewal Enterprise District Housing Fund will be meeting soon. 10.1.11 Public Safety Subcommittee 10.1.12 Other 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS PUBLIC COMMENT Duane De Witt spoke expressing his concern on the salary increase in Item 12.5. Approval of the Consent Agenda A motion was made by Vice Mayor Alvarez, seconded by Council Member N. Rogers, to waive reading of the text and adopt Consent Items 12.1 through 12.6. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 12.1 RESOLUTION - CONTRACT AWARD - FIRE DAMAGED ROADWAY LANDSCAPING City of Santa Rosa Regular Meeting Minutes Page 8 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution: 1) award Contract No. C02300, Fire Damaged Roadway Landscaping, in the amount of $6,009,025.20 to the lowest responsible bidder, Bortolussi & Watkin, Inc. of San Rafael, California; 2) approve a 10% contract contingency for a total not-to-exceed contract amount of $6,609,927.72; and 3) appropriate $5,850,000.00 from the General Fund reserves for the Fire Damaged Roadway Landscaping project, and increase General Fund federal and state grant revenue by a total of $5,850,000.00. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Summary of Bids Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-044 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AWARDING A CONTRACT FOR THE FIRE DAMAGED ROADWAY LANDSCAPING PROJECT AND AUTHORIZING APPROPRIATIONS FROM THE GENERAL FUND FOR THE PROJECT 12.2 RESOLUTION - THIRD AMENDMENT - GENERAL SERVICES AGREEMENT F001636 FOR AMMUNITION DISPOSAL FOR POLICE DEPARTMENT RECOMMENDATION: It is recommended by the Police and Finance Departments that the Council, by resolution, approve a Third Amendment to General Services Agreement Number F001636 with Clean Harbors Environmental Services, Inc., Norwell, Massachusetts, to extend the Agreement for an additional one-year period and increase compensation in the amount of $40,000, for a total cumulative amount not to exceed $125,000. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-045 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A THIRD City of Santa Rosa Regular Meeting Minutes Page 9 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F001636 WITH CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR PACKAGING, LOADING, TRANSPORTATION, AND PROPER DISPOSAL OF AMMUNITION ACCUMULATED BY THE POLICE DEPARTMENT 12.3 RESOLUTION - SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION GRANT AGREEMENT - SAFE PARKING PILOT PROGRAM RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, approve the City of Santa Rosa Safe Parking Pilot Homeless Services Funding Grant Agreement Fiscal Year 2021-2022 between the City of Santa Rosa and the Sonoma County Community Development Commission for the Safe Parking Pilot Program in the amount of $500,000. Attachments: Staff Report Resolution Exhibit A - Safe Parking Agreeent Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-046 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE CITY OF SANTA ROSA SAFE PARKING PILOT HOMELESS SERVICES FUNDING GRANT AGREEMENT FISCAL YEAR 2021-2022 BETWEEN THE CITY OF SANTA ROSA AND THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION FOR THE SAFE PARKING PILOT PROGRAM IN THE AMOUNT OF $500,000 12.4 RESOLUTION - APPROVAL AND ADOPTION OF THE CITY’S SALARY PLAN AND SCHEDULE RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by two resolutions: 1) approve and adopt the City’s Salary Plan and Schedule dated March 15, 2022; and 2) approve and adopt the City’s Salary Plan and Schedule dated April 10, 2022. This update is a requirement per California Code Regulations Title 2, section 570.5 - Requirement for a Publicly Available Pay Schedule - and is required to document classification and salary changes that went into effect after the last adoption by Council on September 28, 2021. City of Santa Rosa Regular Meeting Minutes Page 10 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Attachments: Staff Report Attachment 1 - RES-2021-159 Adoption of Salary Plan and Schedule Attachment 2 - RES-2021-164 Unit 2 MOU Attachment 3 - RES-2021-188 Unit 5 MOU Attachment 4 - RES-2021-189 Units 4, 6 & 7 MOU Attachment 5 - RES-2021-190 Unit 3 MOU Attachment 6 - RES-2021- 191 Unit 13 MOU Attachment 7 - RES-2021-192 Unit 16 MOU Attachment 8 - RES-2021-193 Unit 10 Terms Attachment 9 - RES-201-194 Units 11 & 12 Terms Attachment 10 - RES-2021-195 Unit 9 Police MOU Attachment 11 - RES-2021-196 Unit 18 MOU Attachment 12 - RES-2021-207 Unit 14 MOU Attachment 13 - RES-2021-215 Unit 8 MOU Attachment 14 - RES-2022-025 Unit 9 Fire MOU Attachment 15 - RES-2022-030 FY 21/22 Budget Amend Resolution 1 Exhibit A Resolution 2 Exhibit A Presentation These Consent - Resolutions were adopted. RESOLUTION NO. RES-2022-047 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING THE CITY'S SALARY PLAN AND SCHEDULE EFFECTIVE MARCH 15, 2022 RESOLUTION NO. RES-2022-048 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING THE CITY'S SALARY PLAN AND SCHEDULE EFFECTIVE APRIL 10, 2022 12.5 RESOLUTION - APPROVAL OF AMENDMENT NO. 3 TO CITY ATTORNEY’S EMPLOYMENT AGREEMENT AND INTRODUCE AN ORDINANCE TO INCREASE THE COMPENSATION OF THE CITY ATTORNEY BY PROVIDING (1) A 3% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE NOVEMBER 7, 2021, (2) A 2.5% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE APRIL 10, 2022, (3) ONE-TIME NON-PENSIONABLE LUMP SUM PAYMENT OF $5,000, AND (4) $500 ANNUALLY FOR WELLNESS RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, approve Amendment No. 3 to the Employment Agreement of the City Attorney and introduce an ordinance to increase the compensation of the City Attorney by providing, (1) a 3% cost of living salary adjustment effective November City of Santa Rosa Regular Meeting Minutes Page 11 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 7, 2021, (2) a 2.5% cost of living salary adjustment effective April 10, 2022, (3) a one-time non-pensionable lump sum payment of $5,000 and (4) $500 annually for wellness. Attachments: Staff Report Resolution Exhibit A Ordinance Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-049 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 3 TO THE CITY'S EMPLOYMENT AGREEMENT WITH CITY ATTORNEY TO PROVIDE (1) A 3% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE NOVEMBER 7, 2021, (2) A 2.5% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE APRIL 10, 2022, (3) ONE-TIME NON-PENSIONABLE LUMP SUM PAYMENT OF $5,000, AND (4) $500 ANNUALLY FOR WELLNESS This Consent - Ordinance was introduced. ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA INCREASING THE COMPENSATION OF THE CITY ATTORNEY TO PROVIDE (1) A 3% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE NOVEMBER 7, 2021, (2) A 2.5% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE APRIL 10, 2022, (3) A ONE-TIME NON-PENSIONABLE LUMP SUM PAYMENT OF $5,000, AND (4) $500 ANNUALLY FOR WELLNESS 12.6 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN INCREASING THE SALARY RANGE OF THE POLICE CHIEF AND FIRE CHIEF RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, amend the City’s Classification and Salary Plan to increase the Fire Chief and Police Chief salary range by 5% to address issues of compaction. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-050 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY City of Santa Rosa Regular Meeting Minutes Page 12 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 CLASSIFICATION AND SALARY PLAN TO INCREASE THE SALARY RANGE OF THE POLICE CHIEF AND FIRE CHIEF BY 5% 14. REPORT ITEMS 14.1 REPORT - ELLIOTT AVENUE PILOT CLOSURE PROJECT BACKGROUND: On February 8, 2022, the Santa Rosa Junior College certified the Mitigated Negative Declaration environmental document for pilot closure project of Elliott Avenue to vehicle access for a 600-foot segment in front of Emeritus Hall. Their goal is to produce an enhanced pedestrian environment linking the campus on the south side of Elliott Avenue to the north side of the roadway. The City Council is considering the approval of closing Elliott Avenue for a 16-month period to evaluate impacts during a pilot program. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that Council, by resolution, approve the temporary road closure of Elliott Avenue between the West Emeritus Driveway and East Emeritus Driveway to enhance pedestrian connectivity for students across Elliott Avenue, for the duration of 16 months beginning in Summer 2022 as a pilot project to evaluate the impact a permanent closure may have. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - ISMND Resolution Presentation Late Correspondence (Uploaded 3-15-2022) Rob Sprinkle, Deputy Director - Traffic Engineering, presented and answered questions from Council. PUBLIC COMMENT Bruce Riezenman spoke expressing his concerns on the closure of Elliot Avenue and asked Council to wait to approve this item after the buildings are completed. Kristina Schlosser spoke expressing concerns on the closure of Elliot Avenue and on the negative impacts to her home life due to changes Santa Rosa Junior College has made, and requested the City of Santa Rosa Regular Meeting Minutes Page 13 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 road be kept open to the public. Lee spoke in opposition to the closure of Elliot Avenue, and on students speeding through the area. Patrick spoke in opposition to the closure of Elliot Avenue. A motion was made by Council Member MacDonald, seconded by Council Member Fleming, to waive reading of the text and adopt RESOLUTION ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE ELLIOTT AVENUE CLOSURE PILOT PROJECT The motion failed by the following vote: Yes: 2 - Mayor Rogers, and Council Member MacDonald No: 5 - Vice Mayor Alvarez, Council Member Fleming, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Liz spoke on picketing at Planned Parenthood and the lack of enforcement of the Federal law Freedom of Access to Clinic Entry (FACE Act), on anti-choice protestors hindering entrance and exits to the facility, and asked the Council to direct Police to enforce the FACE Act before the situation gets worse. Duane DeWitt spoke asking if all staff received a 5% compensation increase, appreciates the open government approach, to continue with Zoom meeting format post COVID, and asked for the overhead projector in the chamber to be fixed. Susan Diez spoke asking how many Council Members live next to a hotel and short term rental, her negative experience living next to a short term rental, the daily and weekend disruption to her home life and short-term rentals contributing to a safety problem. Monica Bryant spoke thanking Council for the short-term urgency ordinance, expressing the weakness in the ordinance relies on City of Santa Rosa Regular Meeting Minutes Page 14 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 neighbors to enforce, asked Council to eliminate all hotel style rentals and make them hosted in residential areas, and for Council to respect the covenants and restrictions of homeowner associations. Andy Witthohn read a portion of the March 2022 Red Cross Month Proclamation that was signed by the Mayor, and on the Sound the Alarm event noting the Red Cross provides free smoke alarms and installation to residents in Sonoma and Napa counties. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - HEARN VETERANS VILLAGE APPEAL BACKGROUND: On December 9, 2021, the Planning Commission adopted an Addendum to the Roseland Area/Sebastopol Road Specific Plan EIR and approved a Tentative Parcel Map for the Hearn Veterans Village project (the Project). On December 21, 2021, the City Clerk received an appeal of the Planning Commission’s decision. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, deny the appeal and uphold the decision of the Planning Commission to: 1) adopt an Addendum to the Roseland Area/Sebastopol Road Specific Plan and Roseland Area Annexation Projects Final Environmental Impact Report; and 2) approve a Tentative Parcel Map to allow subdivision of 2.01-acre parcel into four lots ranging from approximately 20,000 to 25,000 square feet. City of Santa Rosa Regular Meeting Minutes Page 15 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Attachments: Staff Report Attachment 1 - Disclosure Form Attachment 2 - Location Map Attachment 3 - Tentative Map Attachment 4 - Addendum to Specific Plan Attachment 5 - Public Comments Attachment 6a - Draft EIR Attachment 6b - Final EIR Attachment 7 - BRA Attachment 8 - Senate Bill 2 Attachment 9 - Traffic Division Comments Attachment 10 - Grounds for Appeal Attachment 11 - PC Draft Minutes Attachment 12 - PC Resolution 12078 Attachment 13 - PC Resolution 12079 Resolution Exhibit A - EIR Addendum Exhibit B - DAC Report Exhibit C - Conditions of Approval Presentation Appellant Presentation (Uploaded 3-9-2022) Late Correspondence (Uploaded 3-9-2022) Late Correspondence (Uploaded 3-15-2022) Late Correspondence (Uploaded 3-17-2022) Monet Sheikhali, City Planner, presented and answered questions from Council. Jessica Jones, Supervising Planner, answered question from Council. The following Council Members disclosed ex parte communications: Mayor C. Rogers reported he met with neighbors, heard from veterans, visited the site, and had no new information to provide. Council Member Sawyer reported he visited site, had phone calls with people on both sides of the issue, and had no new information to provide. Council Member Schwedhelm reported he read emails, his Planning Commissioner recused himself from the item when it went before the Planning Commission, and had no new information to provide. City of Santa Rosa Regular Meeting Minutes Page 16 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Vice Mayor Alvarez reported he visited the site, met with neighbors, and had no new information to provide. Council Member MacDonald reported she had a conversation with someone from Sonoma County Housing Project on the expansion of the project. Council Member Natalie Rogers reported she toured site, talked with neighbors and staff, spoke with her Planning Commission appointee, had a conversation with Supervisor Zane, and had no new information to provide. Planning Commission Chair Karen Weeks provided a brief overview of the Planning Commissions' actions related to this project and answered questions from Council. Craig Meltzner, Community Housing, Applicant Representative, presented information on the Community Housing Veteran's Village project, and conceded the rest of his presentation time to his legal counsel. Mike Zischke, Attorney for applicant, presented information supporting the project met guidelines, stating since the project is consistent with the General Plan and Zoning, it is governed by Housing Accountability Act, noted that no specific adverse, public health and safety affects have been provided by the Appellant, and asked the Council to deny the appeal and uphold the Planning Commission decision. Rebecca Davis, Appellant Representative for West Hearn Residents for Rural Integrity, provided information supporting the filing of their appeal objecting to the scale and environmental impacts of the project. Ms. Davis asked for an Environmental Impact Report be conducted, the project be revised to be in compliance with CEQA, and answered questions from Council. Trish Tatarian, Wildlife Research Associates, responded to the City of Santa Rosa Regular Meeting Minutes Page 17 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 concerns raised by the Appellant on wildlife habitat. Mayor C. Rogers opened the public hearing at 6:44 p.m. Dominic, Veterans for Peace, spoke in support of the project. Keith Christopherson, Chair of Community Housing of Sonoma County, spoke in support of the project. Ross Liscum, Community Housing of Sonoma County Board Member, spoke in support of the project. Calum Weeks, Policy Director Generation Housing, spoke on the project meeting the very low residential General Plan designation and rural residential zoning district, and in support of the project. Jeffery Lawerence spoke thanking Sonoma County for what they do for and the supportive system veterans receive, and in support of the project. Paul spoke expressing his opposition to the project, which is not about the veterans, but on the scope of the project, and the impact the project will have on the environment. Cheryl Seline spoke on the safety of children and people that walk and play along the street, and the need to review the impact of cars and traffic on the street. Ann Hopkin spoke expressing her opposition to the project, which is not about the veterans, but on the scope of the project Adrian Covert spoke in support of the project. Lennie Moore spoke on implementing an ecosystem and restoration on the property, collaboration with conservation organizations to support restorative nature, expressed concerns the project is disruptive to their efforts, and in opposition to the project. City of Santa Rosa Regular Meeting Minutes Page 18 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Sal Flores spoke expressing his concern on the change in the property boundary line, the impacts of the project, and feeling residents were not heard by the Planning Commission. Susan Kirks, Madrone Audubon Society, spoke on a public comment made at the Planning Commission meeting criticizing neighbors in the area, and expressed concerns on the increase in density on the property, and the proposal not being in alignment with the community. Johanna Greenberg spoke on the residents fight to preserve the environment in the area, the concerns of residents being ignored, the tenor of previously negotiated agreements with the City, and in opposition of the project. Clark Lewis spoke asking that additional housing being planned needs to make sense in the neighborhood that respects the residents and keeps the community peaceful. Rena Raditch spoke in opposition to the project, expressed her concern a fire road is being turned into a parking lot impacting the seasonal tributary on the property, and the disparity in the project. Duane De Witt spoke on promises made to the residents during the Roseland annexation discussion, asked Council to find the document that memorializes the promises made to residents before making a decision, and urged Council to not pit veterans against veterans who currently live on the street. Brenda spoke in opposition to the size of the project, and asked the Applicant to reduce the size of project. Mayor C. Rogers closed the public hearing at 7:30 p.m. Staff answered additional questions from Council. A motion was made by Council Member Schwedhelm, seconded by City of Santa Rosa Regular Meeting Minutes Page 19 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 Council Member Fleming, to waive reading of the text and adopt RESOLUTION NO. RES-2022-051 ENTITLED: A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DENYING AN APPEAL AND (1) ADOPTING AN ADDENDUM TO THE CERTIFIED ROSELAND AREA/SEBASTOPOL ROAD SPECIFIC PLAN AND ROSELAND AREA ANNEXATION PROJECTS FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2016012030) AND (2) APPROVING A TENTATIVE PARCEL MAP FOR THE HEARN VETERANS VILLAGE SUBDIVISION, TO SUBDIVIDE A 2.01-ACRE PARCEL INTO FOUR LOTS FOR HEARN VETERANS VILLAGE SUBDIVSION, LOCATED AT 2149 WEST HEARN AVENUE - ASSESSOR'S PARCEL NUMBERS 134-011-012 & -013 - FILE NUMBER MIN21-001 The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Fleming, Council Member MacDonald, Council Member Sawyer, and Council Member Schwedhelm No: 2 - Vice Mayor Alvarez, and Council Member Rogers 15.2 PUBLIC HEARING - AVIARA APARTMENT APPEAL - WITHDRAWN (THIS APPEAL WAS WITHDRAWN BY THE APPELLANT.) BACKGROUND: On December 15, 2021, the Zoning Administrator approved the Aviara Apartments, a 136-unit affordable housing project, On December 27, 2021, the City Clerk received an appeal of the Zoning Administrator’s decision. RECOMMENDATION: It is recommended by the Planning and Economic Development Department and the Zoning Administrator that the Council, by resolution, deny the appeal and uphold the decision of the Zoning Administrator granting Design Review for the Aviara Apartments. 16. WRITTEN COMMUNICATIONS 16.1 FEDERAL LEGISLATIVE UPDATE: 1) SUPPORT FOR REAUTHORIZATION OF ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) - Provided for Information. 2) SUPPORT FOR AUTHORIZATION REQUEST UNDER WATER City of Santa Rosa Regular Meeting Minutes Page 20 of 20 City Council Regular Meeting Minutes - Final March 15, 2022 RESOURCES DEVELOPMENT ACT (WRDA) - Provided for information. Attachments: Memo Federal Legislation Update EDA Reauthorization letter to Rep Huffman EDA Reauthorization letter to Rep Thompson EDA Reauthorization Letter to Sen Feinstein Mayor Rogers Rep Huffman Letter WRDA Request Mayor Rogers Rep Thompson Letter WRDA Request No public comments were made. This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS No public comments were made. 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] - NONE. 19. ADJOURNMENT OF MEETING Mayor C. Rogers adjourned the meeting at at 8:03 p.m. The next regularly scheduled meeting will be held on March 29, 2022, at a time to be set by the Mayor. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. Approved on: May 24, 2022 /s/ Stephanie A. Williams, City Clerk