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, April 26, 2022 3:00 PM 1. CALL TO ORDER AND ROLL CALL Vice Mayor Alvarez called the meeting to order at 3:00 p.m. Present: 5 - Vice Mayor Eddie Alvarez, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 2 - Mayor Chris Rogers, and Council Member Victoria Fleming 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION 3.1 CITYWIDE PAVEMENT CONDITION UPDATE It is recommended by the Transportation and Public Works Department that Council hold a study session for to provide a presentation and information on the current status of the City’s pavement condition status. Attachments: Staff Report Attachment 1 - Pavement Rehabilitation Curve Presentation Rob Sprinkle, Deputy Director - Traffic Engineering, introduced Andrew Kozel, Materials Associate, and Dan Baker, Quality Control Associate, from Transportation and Public Works who presented and answered questions from Council. No public comments were made. Vice Mayor Alvarez recessed the meeting at 3:36 p.m. and reconvened at 4:00 p.m. 4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) Present: 5 - Vice Mayor Eddie Alvarez, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 2 - Mayor Chris Rogers, and Council Member Victoria Fleming City of Santa Rosa Regular Meeting Minutes Page 2 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS No reports were provided. 6. PROCLAMATIONS/PRESENTATIONS - NONE. 7. STAFF BRIEFINGS 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 the Food and Drug Administration expanded its approval of COVID-19 treatment of Remdesivir to pediatric patients under age 12 who test positive and are hospitalized or at high risk of progressing to severe disease. City Manager Smith reported the California Department of Public Health unveiled a new Spanish and English language WhatsApp chatbot tool that offers reliable information about COVID-19 to Californians, noting that California is the first state in the country to launch a tool of this kind. No public comments were made. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager Smith reported on the City's Zero Waste diversion efforts noting Parks Maintenance installed 3-stream waste bins in Courthouse Square and Railroad Square to align with the requirements of SB 1383 regulations and the Santa Rosa Zero Waste Food Ware Ordinance. For more information on Zero Waste go to srcity.org/zerowaste or Zerowastesonoma.org. City Manager Smith reported Santa Rosa Water will be holding a contest to encourage customers to sign up for the new WaterSmart Portal to track their hourly, daily, weekly and monthly water usage. Customers can go to srcity.org/watersmartportal to sign up. No public comments were made. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS City of Santa Rosa Regular Meeting Minutes Page 3 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Schwedhlem attended the Mayors' and Councilmembers' Association meeting, and met with Senator Padilla to discuss topics important in Santa Rosa. Council Member N. Rogers met with the Santa Rosa fleet team, attended the Santa Rosa Manufactured Home Associating meeting, attended the Public Safety Subcommittee meeting, attended the Earth Day event in Courthouse Square, and announced the City Manager's first town hall meeting will be held at the Finley Community Center on April 30, 2022. Council Member MacDonald announced the Board of Public Utilities meeting will be held on April 28, 2022, met with Santa Rosa Together, and attended the Northern California Engineering Contractors Association meeting, Vice Mayor Alvarez participated in the Bellevue Ranch Park clean-up, met with Officer Matt Crosby at the training center to learn about technology used to train police officers, and attended the Butter and Egg Days Parade & Festival in Petaluma. No public comments were made. 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) 10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 10.1.4 Association of Bay Area Governments (ABAG) City of Santa Rosa Regular Meeting Minutes Page 4 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 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) Council Member Schwedhelm announced a community meeting being held at the Sonoma County Veterans Memorial Building on April 27, 2022. 10.1.9 Sonoma County Continuum of Care (CoC) Council Member Schwedhelm announced the next meeting will be held on April 27, 2022. 10.1.10 Renewal Enterprise District (RED) 10.1.11 Public Safety Subcommittee 10.1.12 Other 11. APPROVAL OF MINUTES 11.1 February 22, 2022, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 11.2 February 24, 2022, Special Meeting. Attachments: Draft Minutes Approved as submitted. 11.3 March 1, 2022, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS City Attorney Sue Gallagher noted for the record regarding Consent Item 12.4, Deputy Director - Economic Development Raissa De La City of Santa Rosa Regular Meeting Minutes Page 5 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Rosa's participation on the First 5 Sonoma County Commission. City Attorney Gallagher reported Deputy Director De La Rosa's work in crafting of the program and preparing the professional services agreement, and noted Government Code Section 1090 does not preclude her involvement with the item and the program, that Deputy Director De La Rosa does not have any financial interest in the contract, and Government Code Sections 1091.5 and 1091.3 do permit her continued engagement in the effort. City Attorney Gallagher noted for the record that Deputy Director De La Rosa, in her role as Commissioner, had recused herself from any discussions on this program and agreement. Council Member MacDonald pulled Item 12.4 for separate vote. No public comments were made. Approval of the Consent Agenda A motion was made by Council Member Sawyer, seconded by Council Member N. Rogers, to waive reading of the text and adopt Consent Items 12.1 through 12.3 and 12.5 through 12.8. The motion carried by the following vote: Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming 12.1 RESOLUTION - TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 GRANT APPLICATION FOR FISCAL YEAR 2022/2023 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution: 1) request that the Metropolitan Transportation Commission (MTC) allocate $600,000 from Fiscal Year (FY) 2022/2023 Transportation Development Act (TDA) Article 3 funds; 2) authorize the Director of Transportation and Public Works to file the application and other required documents to construct Highway 101 Bicycle and Pedestrian Overcrossing; and 3) increase appropriations by $600,000 of TDA Article 3 funds. City of Santa Rosa Regular Meeting Minutes Page 6 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Attachments: Staff Report Resolution Exhibit A - Findings Exhibit B - Project Application Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-075 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA REQUESTING THE ALLOCATION OF FISCAL YEAR 2022/2023 TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3- PEDESTRIAN/BICYCLE PROJECT FUNDING FROM THE METROPOLITAN TRANSPORTATION COMMISSION 12.2 RESOLUTION - ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 SENATE BILL 1 TRANSPORTATION FUNDING FISCAL YEAR 2022/2023 PROJECT LIST RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, authorize the submittal of the Highway 101 Bicycle and Pedestrian Overcrossing project to the California Transportation Commission in order to receive Fiscal Year 2022/2023 apportionment of Senate Bill 1 Road Maintenance and Rehabilitation Account in the amount of $3,914,094. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-076 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE SUBMITTAL OF THE HIGHWAY 101 BICYCLE AND PEDESTRIAN OVERCROSSING PROJECT TO THE CALIFORNIA TRANSPORTATION COMMISSION IN ORDER TO RECEIVE FISCAL YEAR 2022/2023 APPORTIONMENT OF SB1 ROAD MAINTENANCE AND REHABILITATION ACCOUNT IN THE AMOUNT OF $3,914,094 12.3 RESOLUTION - APPROPRIATION OF GRANT FUNDS FOR PAYMENT OF OVERDUE WASTEWATER CHARGES ON CUSTOMER ACCOUNTS RECOMMENDATION: It is recommended by Santa Rosa Water that the Council, by resolution, authorize the Chief Financial Officer to City of Santa Rosa Regular Meeting Minutes Page 7 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 appropriate $679,400.67 of American Rescue Plan Act (ARPA) funds to revenue account Utilities Administration Fund - Federal Grants and increase budget by $679,400.67 in expenditure key H2O - Help to Others to apply payments to customer accounts for overdue wastewater charges. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-077 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE APPROPRIATION OF STATE OF CALIFORNIA GRANT FUNDS TO ACCOUNT 0601-4411 AND INCREASING THE BUDGET IN EXPENDITURE KEY 300201 TO APPLY PAYMENTS TO CUSTOMER ACCOUNTS FOR OVERDUE WASTEWATER CHARGES 12.5 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN CREATING THE CLASSIFICATION OF SINGLE ROLE PARAMEDIC AND AUTHORIZE THE RECLASSIFICATION OF THE SIX VACANT LIMITED TERM FIREFIGHTERS TO SIX LIMITED TERM SINGLE ROLE PARAMEDICS FOR THE INRESPONSE TEAM RECOMMENDATION: It is recommended by the Human Resources Department and the Fire Department that the Council, by resolution: 1) amend the City Classification and Salary Plan to create the Single Role Paramedic classification with a salary range of $70,000 to $85,085 annually in Unit 2 - Firefighters; and 2) authorize the reclassification of the six (6) vacant limited term Firefighter positions to six (6) limited term Single Role Paramedics in the newly established inRESPONSE Team, through June 30, 2023. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-078 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY CLASSIFICATION AND SALARY PLAN TO CREATE THE CLASSIFICATION OF SINGLE ROLE PARAMEDIC CLASSIFICATION IN UNIT 2 - FIREFIGHTERS AND RECLASSIFICATION OF THE SIX (6) VACANT City of Santa Rosa Regular Meeting Minutes Page 8 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 LIMITED TERM FIREFIGHTERS TO SIX (6) LIMITED TERM SINGLE ROLE PARAMEDICS 12.6 RESOLUTION - MAKING REQUIRED MONTHLY FINDINGS AND AUTHORIZING THE CONTINUED USE OF TELECONFERENCING FOR PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE CITY’S BOARDS, COMMISSIONS, AND COMMITTEES, PURSUANT TO ASSEMBLY BILL 361 RECOMMENDATION: It is recommended by the City Attorney that the Council, by resolution, make required monthly findings and authorize the continued use of teleconferencing for public meetings of the City Council and all of the City’s boards, commissions and committees pursuant to Assembly Bill 361. Attachments: Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-079 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA MAKING REQUIRED FINDINGS AND AUTHORIZING THE CONTINUED USE OF TELECONFERENCING FOR PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE CITY'S BOARDS, COMMISSIONS AND COMMITTEES PURSUANT TO ASSEMBLY BILL 361 12.7 RESOLUTION - APPROPRIATION OF FUNDING FROM SUBREGIONAL BOND FUND BALANCE AND UNDESIGNATED WASTEWATER RESERVE FUND TO UV DISINFECTION PROJECT RECOMMENDATION: It is recommended by Santa Rosa Water that the Council, by resolution, appropriate $32,581,129.61 from the Subregional Construction Bond Fund and $10,000,000 from the Local Wastewater Fund Reserve for Future Contingencies to the Disinfection Upgrade account so sufficient funding is available for the construction bid award. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-080 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE CHIEF City of Santa Rosa Regular Meeting Minutes Page 9 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 FINANCIAL OFFICER TO APPROPRIATE FUNDING FROM THE SUBREGIONAL BOND FUND BALANCE AND LOCAL WASTEWATER RESERVE FOR FUTURE CONTINGENCIES TO THE DISINFECTION UPGRADE PROJECT 12.8 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA TO AMEND SANTA ROSA CITY CODE TITLE 9 - HEALTH AND SAFETY CODE CHAPTER 9-22, BICYCLES, SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, AND SIMILAR DEVICES TO ALLOW SCOOTERS TO OPERATE ON PUBLIC STREETS, PUBLIC ALLEYS, AND PUBLIC GUTTERS DURING THE CITY COUNCIL APPROVED SHARED SCOOTER SYSTEM PILOT PROGRAM RECOMMENDATION: This ordinance, introduced at the April 12, 2022, Regular Meeting by a 7-0-0 vote, amends City Code Title 9 - Health and Safety Code Chapters 9-22,-Bicycles, Skateboards, Roller Skates, In-Line Skates, and Similar Devices to allow scooters to operate on public streets, public alleys, and public gutters during the City Council approved shared scooter system pilot program. Attachments: Ordinance This Consent - Ordinance was adopted. ORDINANCE NO. ORD-2022-005 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA TO AMEND SANTA ROSA CITY CODE TITLE 9 - HEALTH AND SAFETY CODE CHAPTER 9-22, BICYCLES, SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, AND SIMILAR DEVICES TO ALLOW SCOOTERS TO OPERATE ON PUBLIC STREETS, PUBLIC ALLEYS, AND PUBLIC GUTTERS DURING THE CITY COUNCIL APPROVED SHARED SCOOTER SYSTEM PILOT PROGRAM 12.4 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT WITH FIRST 5 SONOMA COUNTY FOR ADMINISTRATION OF THE CITY’S CHILDCARE SUPPORT PROGRAM FACILITY FUND AND CHILD COLLEGE SAVINGS ACCOUNT PROGRAM RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve a Professional Services Agreement with First 5 Sonoma County for the administration of City of Santa Rosa funded child and childcare programs in a not-to-exceed amount of $5,875,000. City of Santa Rosa Regular Meeting Minutes Page 10 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Attachments: Staff Report Resolution Exhibit A - PSA Presentation A motion was made by Council Member Sawyer, seconded by Council Member MacDonald, to waive reading of the text and adopt RESOLUTION NO. RES-2022-081 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH FIRST 5 SONOMA COUNTY COMMISSION FOR ADMINISTRATION OF THE CITY OF SANTA ROSA CHILDCARE SUPPORT PROGRAM FACILITY FUND AND CHILD COLLEGE SAVINGS ACCOUNT PROGRAMS Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming 14. REPORT ITEMS 14.1 REPORT - REJECTION OF BID PROTEST; CONTRACT AWARD - FULTON RD FROM GUERNEVILLE RD TO PINER RD - WIDEN TO FOUR LANES BACKGROUND: The Fulton Road from Guerneville Road to Piner Road - Widen to Four Lanes will widen and reconstruct Fulton Road to a four-lane regional/arterial street as envisioned in the 2035 Santa Rosa General Plan. The Project includes roadway widening, new vehicle travel lanes, bicycle lanes, sidewalks, bus stops, stormwater treatment facilities, landscaping, traffic signals, utility relocations, retaining walls, property acquisitions and easement acquisitions. In preparation for this project, overhead utility lines were relocated underground by the Pacific Gas and Electric Company through their Rule 20A underground utility district (UUD) Program. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution: 1) reject the bid protest by Argonaut Constructors, Inc.; 2) waive any minor irregularities in the lowest bid; 3) award Contract No. C01178, Fulton Road from Guerneville Road to Piner Road - Widen to Four Lanes, in the amount of $15,578,565.00 to the lowest responsible bidder, Ghilotti Bros, Inc. / FBD Vanguard Construction, Inc., of San Rafael, CA; and 4) City of Santa Rosa Regular Meeting Minutes Page 11 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 approve a 10% contract contingency, and authorize a total contract amount of $17,136,421.50. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Summary of Bids Resolution Presentation Resolution (Redlined Revisions) Resolution (Revised) Chris Catbagan, Associate Civil Engineer, presented and answered questions from Council. No public comments were made. A motion was made by Council Member Schwedhelm, seconded by Council Member Sawyer, to waive reading of the text and adopt RESOLUTION NO. RES-2022-082 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA REJECTING THE BID PROTEST BY ARGONAUT CONSTRUCTORS, INC., WAIVING ANY IRREGULARITIES IN THE LOWEST BID, AND AWARDING CONTRACT C01178 TO GHILOTTI BROS, INC. / FBD VANGUARD CONSTRUCTION, INC, OF SAN RAFAEL, CA, WITH A CONTRACT CONTINGENCY FOR THE CONSTRUCTION OF THE FULTON ROAD WIDENING PROJECT BETWEEN GUERNEVILLE ROAD AND PINER ROAD The motion carried by the following vote: Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming 14.2 REPORT - AMEND COUNCIL POLICY 000-70 - ADVERTISING POLICY AND GUIDELINES TO INCLUDE ADVERTISING AT BALLFIELDS AND ASSOCIATED FACILITIES BACKGROUND: On December 4, 2018, City Council adopted Policy 000-70 titled “Advertising Policy and Guidelines”. This policy describes and outlines both a methodology and series of boundaries for the use and display of non-City advertising on City Facilities. It further defines specific City Facilities where non-City advertising may be displayed. In coordination with the Recreation Division, the City Manager’s Office is recommending that the policy be expanded to include allowing City of Santa Rosa Regular Meeting Minutes Page 12 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 advertising at City owned ballfields and associated facilities as approved by the Division through specific license agreements. RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, amend Council Policy Number 000-70 titled “Advertising Policy and Guidelines” expanding the authority to include ballfields and associated facilities as allowed through license agreements issued by the Recreation Division. Attachments: Staff Report Attachment 1 - Council Policy (redline) Resolution Exhibit A - Council Policy 000-70 Presentation Assistant City Manager Jason Nutt presented and answered questions from Council. PUBLIC COMMENT Scott Chapman spoke on city owned property having a homeless encampment on the property and asked Council for help in getting it cleaned up. A motion was made by Council Member MacDonald, seconded by Council Member Sawyer, to waive reading of the text and adopt RESOLUTION NO. RES-2022-083 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING COUNCIL POLICY NUMBER 000-70 TITLED "ADVERTISING POLICY AND GUIDELINES" TO INCLUDE ADVERTISING AT BALLFIELDS AND ASSOCIATED FACILITIES The motion carried by the following vote: Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming Vice Mayor Alvarez recessed the meeting at 4:53 p.m. and reconvened at 5:00 p.m. Present: 5 - Vice Mayor Eddie Alvarez, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 2 - Mayor Chris Rogers, and Council Member Victoria Fleming City of Santa Rosa Regular Meeting Minutes Page 13 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Gregory Fearon spoke on appreciating the Housing Authority chart showing the low income housing projects in progress, the costs, thanked staff and asked that the chart be placed on the City's website. Duane De Witt submitted comment congratulating the Vice Mayor for chairing the Council meeting, and expressed concern the police department is not responding to camping and dumping on public land in the Roseland area. REPORT ITEMS 14.3 REPORT - APPROVAL OF THE PRELIMINARY FY 2022/23 REGIONAL WATER REUSE SYSTEM OPERATING AND MAINTENANCE, CAPITAL IMPROVEMENT, AND DEBT SERVICE BUDGET AND ALLOCATION OF COSTS BACKGROUND: The Regional Water Reuse System, managed by Santa Rosa Water per Agreement, is a state-of-the-art wastewater treatment facility serving five member agencies (Santa Rosa, Rohnert Park, Sebastopol, Cotati, and the Sonoma County South Park Sanitation District, each hereinafter referred to as “User Agency” or collectively as “User Agencies”). The Operating Agreement (Agreement) requires that Santa Rosa Water annually prepare a Preliminary Budget and Allocation of Costs for the Regional Water Reuse System and notify the User Agencies of these costs by May 1st of each year. The Agreement further requires that the proposed budget and allocation of costs be reviewed by the Subregional Technical Advisory Committee (TAC), the Board of Public Utilities (BPU) and the Council of the City of Santa Rosa prior to noticing the User Agencies of operating and debt service costs due. The Regional Operations and Maintenance (O&M) Fund budget request is $40,417,094, the Regional cash-funded Capital Improvement Program (CIP) is $9,000,000, and the Regional debt service due is $24,592,802. RECOMMENDATION: It is recommended by Santa Rosa Water, the City of Santa Rosa Regular Meeting Minutes Page 14 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Subregional Technical Advisory Committee and the Board of Public Utilities that the Council, by resolution, approve the Preliminary 2022/23 Regional Water Reuse System Operating and Maintenance, Capital Improvement, and Debt Service Budget and Allocation of Costs for the purpose of notifying the Regional Water Reuse User Agencies of their allocation of such costs by May 2022. Attachments: Staff Report Resolution Presentation Kimberly Zunino, Deputy Director - Water Administration, presented and answered questions from Council. No public comments were made. A motion was made by Council Member N. Rogers, seconded by Council Member Schwedhelm, to waive reading of the text and adopt RESOLUTION NO. RES-2022-084 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE PRELIMINARY FY 2022/23 REGIONAL WATER REUSE SYSTEM OPERATING AND MAINTENANCE, CAPITAL IMPROVEMENT AND DEBT SERVICE BUDGET AND ALLOCATION OF COSTS The motion carried by the following vote: Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - TEFRA PUBLIC HEARING AND ISSUANCE OF BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $40 MILLION FOR AVIARA APARTMENTS, AN AFFORDABLE RENTAL HOUSING PROJECT LOCATED AT 1385 WEST COLLEGE AVENUE BACKGROUND: The issuance of tax exempt, private activity bonds must be approved by the jurisdiction the project is located in following a public hearing. MM Aviara, L.P., a California limited partnership (“Borrower”) has selected the California Municipal Finance Authority (“CMFA”), a joint-powers authority of which the City is an additional City of Santa Rosa Regular Meeting Minutes Page 15 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 member, to be the issuer of revenue bonds for Aviara Apartments, a 136-unit multifamily affordable rental housing project, located at 1385 West College Avenue (the “Project”), in an aggregate amount not to exceed $40 million, and has requested that the City Council conduct a public hearing in accordance with the Tax Equity and Fiscal Responsibility Act of 1983 (“TEFRA”). A public hearing is required to provide a reasonable opportunity for interested individuals to express their views, orally or in writing, on the proposed issue of bonds and the location and nature of the proposed project to be financed. All financial obligations of the bond issuance are the responsibility of the Borrower, not the City of Santa Rosa. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council: 1) conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1983 and the Internal Revenue Code of 1986, as amended; and 2) by resolution, approve the issuance of revenue bonds by the California Municipal Finance Authority in an aggregate amount not to exceed $40 million to finance or refinance the acquisition, construction, improvement and equipping of Aviara Apartments, an affordable rental housing project, located at 1385 West College Avenue, Santa Rosa. Attachments: Staff Report Attachment 1 - Locational Graphic Attachment 2 - Request for TEFRA Public Hearing Aviara Resolution Presentation Angela Morgan, Program Specialist - Housing and Community Services, presented and answered questions from Council. Teresa Pakalski, Chelsea Investment Corporation, answered questions from Council. Vice Mayor Alvarez opened the public hearing at 5:29 p.m. Gail Simons spoke asking the number of units that will be made available in the 30% to 60% Area Median Income range and expressed the need for tiny houses to be built in the community. City of Santa Rosa Regular Meeting Minutes Page 16 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Gregory Fearon spoke on the need for a policy that specifically states the number of units that will be available for low income residents. Vice Mayor Alvarez closed the public hearing at 5:34 p.m. A motion was made by Council Member Schwedhelm, seconded by Council Member N. Rogers, to waive reading of the text and adopt RESOLUTION NO. RES-2022-085 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE ISSUANCE OF REVENUE BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $40 MILLION BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR AVIARA APARTMENTS, A 136-UNIT MULTIFAMILY AFFORDABLE RENTAL HOUSING FACILITY LOCATED AT 1385 WEST COLLEGE AVENUE, FOR THE BENEFIT OF MM AVIARA, L.P., 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: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming REPORT ITEMS 14.4 REPORT - SUMMARY VACATION OF PUBLIC SERVICE EASEMENT - CARITAS VILLAGE BACKGROUND: Caritas Village is an approved project that includes the redevelopment of a city block into a comprehensive family and homeless support services facility/emergency shelter (Caritas Center) to be operated by Catholic Charities, and a 126-unit affordable housing development (Caritas Homes) to be operated by Burbank Housing. The applicant seeks a summary vacation of a public service easement (PSE) that has been partially abandoned and relocated. The easement was reserved for public utilities within a now vacated alley right of way. All public and private facilities that were located within the easement have been removed and have been either abandoned or relocated. Vacating the PSE is necessary for the orderly development of the City of Santa Rosa Regular Meeting Minutes Page 17 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 approved Caritas Village project. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that Council, by resolution, approve a summary vacation of a 341-foot by 12-foot (approximately 4,210-square-foot), public service easement that has been partially abandoned and relocated for the Caritas Village project, which is located on a downtown City block, bordered by 7th Street to the north, A Street to the east, 6th Street to the south, and Morgan Street to the west. Attachments: Staff Report Attachment 1 – Disclosure Form Attachment 2 - Location Map Attachment 3 – Project Description Attachment 4 - Council Resolution No 9325 Resolution Exhibit A – Legal Description for PSE Vacation Exhibit B - Plat to Accompany Legal Description Presentation Kristinae Toomians, Senior Planner, presented and answered questions from Council. PUBLIC COMMENT Gregory Fearon spoke expressing Council has control to determine the number of housing units for projects and for Council to think long-term to get the best percentage of income for housing in the City. A motion was made by Council Member Sawyer, seconded by Council Member Schwedhelm, to waive reading of the text and adopt RESOLUTION NO. RES-2022-086 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING SUMMARY VACATION OF ONE (1) 341-FOOT BY 12-FOOT PUBLIC SERVICE EASEMENT, LOCATED AT 431, 437, 439, 465 A STREET AND 506, 512, 516, 520, 600, 608, AND 612 MORGAN STREET, ASSESSOR'S PARCEL NUMBERS 010-041-001, 004, 005, 008, 009, 010, 011, 013, 014, 015, 016, 017, 018, 019, 020 FOR THE CARITAS VILLAGE PROJECT, WHICH IS LOCATED ON A DOWNTOWN CITY BLOCK, BORDERED BY 7TH STREET, A STREET, 6TH STREET, AND MORGAN STREET - FILE NO. VAC21-004 City of Santa Rosa Regular Meeting Minutes Page 18 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 The motion carried by the following vote: Yes: 5 - Vice Mayor Alvarez, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 2 - Mayor Rogers, and Council Member Fleming 16. WRITTEN COMMUNICATIONS 16.1 SB 1157 (HERTZBERG) - URBAN WATER USE OBJECTIVES: INDOOR RESIDENTIAL WATER USE - Provided for information. Attachments: State Legislative Memo Letter of Opposition Bill Text SB 1157 Senate Natural Resources And Water This item was received and filed. 16.2 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES ATTENDANCE REPORT. Provided for information. Attachments: Attendance Report 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 Vice Mayor Alvarez adjourned the meeting at 5:52 p.m. The next regularly scheduled meeting will be held on Tuesday, May 10, 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. City of Santa Rosa Regular Meeting Minutes Page 19 of 19 City Council Regular Meeting Minutes - Final April 26, 2022 Approved on: July 12, 2022 /s/ Stephanie A. Williams, City Clerk