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, August 9, 2022 4:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor C. Rogers called the meeting to order at 4:00 p.m. 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 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) - NONE. 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE. 6. PROCLAMATIONS/PRESENTATIONS - NONE. 7. STAFF BRIEFINGS PUBLIC COMMENT Duane De Witt spoke on Item 7.2 asking the Bellevue District be included in the public engagement efforts. 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. Maraskeshia Smith, City Manager, reported the Sonoma County Department of Public Health Services and the Sonoma County Office of Education are hosting a live COVID-19 Back to School webinar to address safe practices for returning to school, a recording of the webinar will be placed on the County's Facebook page, the average daily COVID-29 case rate for the county is 23 per 100,000 residents. For more information on the status of COVID-19 in the community, testing locations, and vaccine information for all City of Santa Rosa Regular Meeting Minutes Page 2 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 ages, can be found at socoemergency.org. 7.2 COMMUNITY EMPOWERMENT PLAN UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. Magali Telles, Deputy Director Community Engagement, reported the Art in Public Places Committed invited Community Engagement to display the Multicultural Roots Project exhibit at the Finley Community Center in the month of August, thanked the community members who assisted in the OIR community listening sessions, and thanked their partners at Sheppard Elementary School, Tia Maria Panaderia and the Finley Community Center for hosting. The Team is moving forward with the Hearn Community Hub community input process and on a series of community input sessions at Roseland University Prep. 7.3 WATER SUPPLY UPDATE Santa Rosa Water staff will provide an update to the City Council on current water supplies and on-going drought response. The Council may discuss this item and give direction to staff. Attachments: Presentation Jennifer Burke, Director of Water, provided an update on water supply conditions and drought response. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager Smith reported on August 19 the City will be celebrating the completion of a mural on the 5th Street parking garage. No public comments were made. 8.1 REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 through July 2022 as well as provide a summary of pending litigation against the City. Attachments: Litigation Report City of Santa Rosa Regular Meeting Minutes Page 3 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 City Attorney Gallagher provided the monthly report on active litigation noting there were no settlements to report for the month, there are 32 pending cases; five receivership; 10 general litigation cases with two new cases filed regarding homeless encampments; 10 personal injury cases; four police cases; 9 trials are set with two in fall, six in early winter and spring, and one in the fall of 2023. The City Attorney noted this report does not include code enforcement cases, vicious dog cases, weapons cases, and others. 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 Schwedhelm attended the Waterways Advisory Committee/Technical Advisory Committee meeting. Council Member N. Rogers toured juvenile hall to collaborate on ways to keep kids out of the facility, attended the OIR meetings, and commended Victory Outreach for their leadership in allowing one of the OIR meetings at their facility. Council Member Fleming met with the Planning team regarding housing and homelessness. Council Member MacDonald met with Police Chief Cregan to tour the Police Department, and announced her appointment of Jennifer Kujala to the General Plan Community Advisory Committee. Vice Mayor Alvarez attended the Small Business Partnership Fund Business and Community Expo, announced a job fair will be held on August 17 at the St. Rose Parish Hall, and announced he is looking for a new Community Advisory Board member to represent the Southeast area. Persons interested in serving can apply online at srcity.org. City of Santa Rosa Regular Meeting Minutes Page 4 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Mayor C. Rogers thanked the OIR Group for spending time in the community to find out issues from community members, congratulated the Water Team and attended the ribbon cutting for the Chanate North Trunk Sewer Replacement Project. 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 Council Member MacDonald provided a brief report on the Climate Action Subcommittee meeting. Mayor C. Rogers provided a brief report on the Economic Development Subcommittee meeting. 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) Mayor C. Rogers attended the ribbon cutting for the new carpool lane on Highway 101. 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) 10.1.9 Sonoma County Continuum of Care (CoC) Council Member Schwedhelm provided a brief report and announced a vacancy for a service provider seat on the board. 10.1.10 Renewal Enterprise District (RED) City of Santa Rosa Regular Meeting Minutes Page 5 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Council Member Fleming announced a joint study session of the Renewal Enterprise District and the Renewal Enterprise District Housing Fund will be held on August 15, 2022. 10.1.11 Public Safety Subcommittee 10.1.12 Other 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS Council Member Sawyer pulled Item 12.11 for a separate discussion and vote. PUBLIC COMMENT Duane De Witt spoke on Dutton Ave. at Santa Rosa Creek becoming a raceway for speeders, on the Southwest Santa Rosa Redevelopment Project Area Plan and the need to help Hearn Avenue, and in opposition to Item 12.2. Pam Granger, Tobacco Free Sonoma County Coalition, spoke on the attachments to Item 12.10 goal setting for a healthy and safe community and asked Council to consider a tobacco retail license. Gregory Fearon spoke echoing speaker Pam Granger's comments. Thomas Ells spoke in opposition to Item12.9 regarding military vehicles obtained by the City not being needed. Police Chief Cregan answered Council's questions regarding Item 12.9. Approval of the Consent Agenda A motion was made by Vice Mayor Alvarez, seconded by Council Member Schwedhelm, to waive reading of the text and adopt Consent Items 12.1 through 12.10. The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 6 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 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 MOTION - APPROVAL OF AMENDMENT TO PROJECT WORK ORDER WITH AECOM FOR ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE HEARN AVENUE INTERCHANGE PROJECT AT HIGHWAY 101 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, approve Amendment No. 1 #A010136-2016-02A to Project Work Order #A010136-2016-02 with AECOM Technical Services, Inc., Los Angeles, California, to update the construction documents and provide funding application support for the Hearn Avenue Interchange Project at US Highway 101 increasing the contract amount by $1,079,548.00 for a total amount not to exceed $4,579,548.00. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - PWO with Contract Proposal Presentation This Consent - Motion was approved. 12.2 RESOLUTION - COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SANTA ROSA FOR THE RIGHT OF WAY PHASE OF THE HIGHWAY 101 BICYCLE AND PEDESTRIAN OVERCROSSING RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve Cooperative Agreement No. 04-2837 between the State of California, acting through its Department of Transportation (Caltrans), and the City of Santa Rosa authorizing Caltrans to provide quality management assessment for right of way support, right of way acquisition, and utility relocation activities for the Highway 101 Bicycle and Pedestrian Overcrossing project. Attachments: Staff Report Attachment 1 - Location Map Resolution Exhibit A - Cooperative Agreement Presentation City of Santa Rosa Regular Meeting Minutes Page 7 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-169 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA, ACTING THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS), AND THE CITY OF SANTA ROSA FOR QUALITY MANAGEMENT ASSESSMENT FOR RIGHT OF WAY SUPPORT, RIGHT OF ACQUISITION, AND UTILITY RELOCATION ACTIVITIES FOR THE HIGHWAY 101 BICYCLE AND PEDESTRIAN OVERCROSSING PROJECT 12.3 RESOLUTION - AMENDMENT NO. 2 TO MEASURE M COOPERATIVE FUNDING AGREEMENT NO. M70106-05 WITH THE SONOMA COUNTY TRANSPORTATION AUTHORITY (SCTA) FOR SANTA ROSA CREEK TRAIL - DUTTON AVENUE ACCESS (WEST SIDE) PROJECT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve Amendment No. 2 to the Cooperative Agreement M70106 between the Sonoma County Transportation Authority (SCTA) and the City of Santa Rosa for the use of Measure M funding in connection with the Santa Rosa Creek Trail - Dutton Avenue Access (West Side) project. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Amendment 1 Resolution Exhibit A - Amendment 2 Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-170 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 2 TO THE COOPERATIVE AGREEMENT M70106 WITH SONOMA COUNTY TRANSPORTATION AUTHORITY FOR THE SANTA ROSA CREEK TRAIL - DUTTON AVENUE ACCESS (WEST SIDE) PROJECT 12.4 RESOLUTION - TRUSTED SYSTEM CONTRACT WITH ECS IMAGING, INC. RECOMMENDATION: It is recommended by the City Clerk’s Office, the Planning and Economic Development, and Information Technology City of Santa Rosa Regular Meeting Minutes Page 8 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Departments that the Council, by resolution, approve a Professional Services Agreement with ECS Imaging, Inc., Riverside, California, for a term of three years and in an amount not to exceed $150,298.60, for the equipment, software, and services required to provide a “trusted system” used to digitize, store, and electronically retrieve documents. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-171 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ECS IMAGING, INC. TO IMPLEMENT A TRUSTED SYSTEM FOR DIGITIZED RECORDS 12.5 RESOLUTION - AMENDMENT TO AGREEMENT F001470 WITH PACKET FUSION, INC. RECOMMENDATION: It is recommended by the Information Technology Department that the Council, by resolution, 1) approve continuation of desk phone equipment, licensing and support services from Packet Fusion, Inc., Pleasanton, California; and 2) authorize the City Manager to negotiate and execute any necessary agreements for such continuation in an amount not to exceed $531,554.16, including a Master Services Agreement, Support Services Addendum with Packet Fusion, Inc. subject to approval as to form by the City Attorney. Attachments: Staff Report Resolution Exhibit A - Quote/Amendment Exhibit B - Master Services Agreement Exhibit C - Support Services Addendum Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-172 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING CONTINUED SERVICE WITH PACKET FUSION, INC. FOR DESK PHONE EQUIPMENT, LICENSING AND SUPPORT AND DELEGATION OF AUTHORITY TO THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AGREEMENTS NECESSARY TO CONTINUE SUCH SERVICE WITH PACKET FUSION, INC. City of Santa Rosa Regular Meeting Minutes Page 9 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 12.6 RESOLUTION - APPROVAL FOR FIRE DEPARTMENT TO PURCHASE TWO TYPE 5 SKEETER BRUSH TRUCKS RECOMMENDATION: It is recommended by the Fire Department that the Council, by resolution, approve the purchase of two Type 5 Skeeter Brush Trucks up to a not-to exceed amount of $678,000 and delegate authority to the City Manager or designee to utilize cooperative purchasing through the Houston-Galveston Area Council (H-GAC) and H-GAC vendor Golden State Fire Apparatus, Inc., Sacramento, CA, including approval of the issuance of any necessary purchase orders and/or any other documents, agreements or amendments related to the purchase that are in a form approved by the City Attorney. The purchase of these two fire engines are part of the Wildland Response and Resiliency Strategic Plan (WUI 2.0) that was funded by City Council via PG&E settlement funds. Attachments: Staff Report Attachment 1 - HGAC Buy Contract - Golden State Fire Resolution Exhibit A - Proposal from Golden State Fire Apparatus, Inc Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-173 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE PURCHASE OF TWO TYPE 5 SKEETER BRUSH TRUCKS IN AN AMOUNT NOT TO EXCEED $678,000 12.7 RESOLUTION - FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT - JONES LANG LASALLE AMERICAS, INC. FOR REAL ESTATE BROKERAGE SERVICES RECOMMENDATION: It is recommended by Real Estate Services that the Council, by resolution, approve a First Amendment to Professional Services Agreement Number F002062 with Jones Lang Lasalle Americas, Inc. of Los Angeles, California to increase compensation under the Agreement for specialized real estate brokerage services by $100,000.00, for a total amount not to exceed $199,000.00. Attachments: Staff Report Resolution Exhibit A - Professional Services Agreement Presentation City of Santa Rosa Regular Meeting Minutes Page 10 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-174 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002062 WITH JONES LANG LASALLE AMERICAS, INC. FOR REAL ESTATE BROKERAGE SERVICES 12.8 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-2022-175 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 12.9 ORDINANCE ADOPTION SECOND READING - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 2-38 TO THE SANTA ROSA MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF MILITARY EQUIPMENT RECOMMENDATION: This ordinance, introduced at the July 26, 2022, Regular Meeting by a 7-0 vote, amends Title 2 of the Santa Rosa City Code by adding Chapter 2-38, Military Equipment Use Ordinance and Santa Rosa Police Department Policy 707 - Military Equipment. City of Santa Rosa Regular Meeting Minutes Page 11 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Attachments: Ordinance (Introduced on 07/26/2022) Ordinance (Redlined Revisions) Ordinance (Final) Exhibit A - SRPD Policy 707 - Military Equipment This Consent - Ordinance was adopted. ORDINANCE NO. ORD-2022-007 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 2-38 TO THE SANTA ROSA MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF MILITARY EQUIPMENT AND APPROVING SANTA ROSA POLICE DEPARTMENT MILITARY EQUIPMENT POLICY (POLICY NO. 707) 12.10 RESOLUTION - ADOPTION OF CITY COUNCIL AND EXECUTIVE TEAM GOAL SETTING FINAL REPORT RECOMMENDATION: It is recommended by the City Manager that the Council, by resolution, receive and adopt the City of Santa Rosa City Council and Executive Team Goal Setting Report. Attachments: Staff Report Attachment 1 - Goal Setting Report Attachment 2 - Council Goal Priorities Resolution Exhibit A – Goal Setting Report This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-176 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RECEIVING AND ADOPTING THE CITY COUNCIL AND EXECUTIVE TEAM GOAL SETTING FINAL REPORT 12.11 MOTION - DIRECT STAFF TO PREPARE REQUIRED DOCUMENTS TO PLACE A MEASURE ON THE NOVEMBER 5, 2024 BALLOT TO AMEND THE CITY CHARTER TO INCREASE COUNCIL COMPENSATION (Continued from the July 26, 2022, Regular Meeting) RECOMMENDATION: It is recommended that the Council, by motion, direct staff to prepare required documents to place a measure on the November 5, 2024 ballot to amend the City Charter to increase Council compensation, tying Mayor and Council compensation to a percentage of the County’s Area Median Income, setting the Mayor’s salary at 100% of Area Median Income for a three person household and the Council members’ salary at two-thirds of that Area Median Income, with City of Santa Rosa Regular Meeting Minutes Page 12 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 an effective date of January 1, 2025. Attachments: Staff Report Attachment 1 - Ballot Measure (Council Compensation).docx A motion was made by Vice Mayor Alvarez, seconded by Council Member Schwedhelm, to direct staff to prepare documents to place a measure on the November 5, 2024 ballot to amend the City Charter to increase Council Compensation. The motion carried by the following vote: Yes: 4 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, and Council Member Schwedhelm No: 3 - Council Member MacDonald, Council Member Rogers, and Council Member Sawyer Mayor C. Rogers recessed at 4:58 p.m. and reconvened at 5:00 p.m. 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Duane DeWitt spoke regarding a parking lot at Dutton Avenue in Roseland and asked the Council to consider SMART growth on the lot. Durriya Syed, Outreach Analyst for the Department of Insurance with the Community Relations & Outreach branch, spoke providing an update on the Safer from wildfire framework, and on working with CalFire, CALOES, the Governor's Office of Planning and Research and the California Public Utilities Commission in helping communities with wildfire preparedness. 14. REPORT ITEMS - NONE. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - SHORT-TERM RENTAL ZONING CODE TEXT AMENDMENTS URGENCY ORDINANCE AND FEE ADOPTION RESOLUTION BACKGROUND: On October 13, 2021, the City Council adopted Ordinance No. ORD 2021-011 adding Chapter 20-48, Short-Term Rentals to the Zoning Code to establish a regulatory framework for short-term rentals (STRs) to reduce safety risks during wildfire events, City of Santa Rosa Regular Meeting Minutes Page 13 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 preserve housing stock and the residential characteristics of neighborhoods, and prevent STR activities from becoming a nuisance to, or threatening the public health, welfare, or safety of neighboring residents. Despite having regulations in place, certain STR activities continue to generate police and code enforcement complaints related to noise, occupancy, and large events. The proposed Short-Term Rentals Urgency Ordinance (Urgency Ordinance) will set a maximum number of 215 non-hosted Short-Term Rental Permits to be issued citywide and clarify that enforcement penalties apply to permit holders and operators in good standing. The proposed Resolution will establish a Short-Term Rental Permit (STR Permit) annual renewal fee. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council: 1) adopt an urgency ordinance to amend Title 20 of the Zoning Code, Chapter 20-48, Short-Term Rentals, to set a maximum number of 215 non-hosted Short-Term Rental Permits to be issued citywide and to clarify that enforcement penalties apply to permit holders and operators in good standing; and 2) by resolution, assign existing service fees to short-term rental permit renewal applications and authorize the Director of Planning and Economic Development to approve future fee adoptions and changes to the Short-Term Rental Permitting Process. Attachments: Staff Report Attachment 1 - Proposed Amendments Attachment 2 - City of Santa Rosa Fee Schedule dated July 1, 2022 Attachment 3 - Ordinance No. ORD-2021-011 Attachment 4 - Public Correspondence Urgency Ordinance FINAL - Urgency Ordinance 8.10.2022.docx Resolution Presentation FAQs (uploaded 8.9.2022) Late Correspondence (uploaded 8.9.2022) Late Correspondence (Uploaded 08-12-2022) Shari Meads, Senior Planner, presented and answered questions from Council. Alan Alton, Chief Financial Officer, answered questions from Council. City of Santa Rosa Regular Meeting Minutes Page 14 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Jesse Oswald, Chief Building Official, answered questions from Council. Clare Hartman, Director of Planning and Economic Development, answered questions from Council. Mayor C. Rogers opened the public hearing at 6:00 p.m. Andrew Smith spoke on short term rentals being a housing issue, asked if the cap would increase over the years, and on the need for more rental housing. Peter Birdsall spoke in support of reducing the cap for permits issued to 198, increasing fees to match the county and state, and in opposition to non-hosted short term rentals. Marsha Shotwell spoke on the negative impacts of a short-term rental next door to her, commended Chief Building Official Jesse Oswald in responding to the community, and in opposition to non-hosted rentals. Rick Abbott spoke regarding a survey conducted on short-term rentals in 2021, expressed concern the current process does not provide effective enforcement, and in opposition to non-hosted rentals. Erik Diez spoke on a non-hosted rental's negative impact to his residence, supports the amendment to the ordinance, urged for a lower permit cap of 198, and the need for code enforcement on the weekends. Marie Piazza spoke in support of capping the permits, the negative impacts of an un-hosted rental property next door to her, in support of the amendment and urged Council to fast track a permanent solution. City of Santa Rosa Regular Meeting Minutes Page 15 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Jose Ibarra spoke urging Council to adopt the updated ordinance, and expressing concern on the negative impacts non-hosted short term rentals have on residential neighborhoods. Will Baty spoke expressing concern on the negative impacts of a non-hosted rental in his neighborhood, the zoning code being violated by allowing a commercial business to operate in a residential neighborhood and on the enforcement of violations being inadequate. Mary Ann Robai spoke on the negative impacts of two non-hosted short-term rentals in her neighborhood threatening the quality of life and the inadequate enforcement of violations. Anne Fenlon spoke on the negative impacts of a short-term rental in her neighborhood. Eric Fraser spoke on researching the short-term rental issue, expressing concern the Council does not have enough data, and complaints by short-term rental guests being harassed by homeowners. Keith McCloskey spoke thanking Council for hearing public comment, on being a part-time resident in Santa Rosa, buying property in Santa Rosa due to it being a short-term rental friendly city and as a property owner being the first person who is concerned about their property. Michael Bryant spoke on the negative impacts and in opposition to non-hosted short-term rentals in residential areas. Bernadette Burrell spoke on the negative impacts of a non-hosted rental next door to her, violations of building codes, and in opposition to single family homes being used as boutique hotels. Gary Lentz spoke on being a short-term rental owner, expressed concern about the permit cap, felt the issue could be solved City of Santa Rosa Regular Meeting Minutes Page 16 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 collaboratively, and that Council could inadvertently create animosity between neighbors. Jessica Wystalski spoke on her mother having a job cleaning Airbnbs that has provided a positive impact and livelihood for the family. Harry Albers spoke on being a short-term rental owner, expressed concern about not receiving a complaint on his property for over a year, on neighbors harassing his guests, and that Council is not being given the facts about the situation. Thomas Ells spoke on the challenges of community design, vacant housing owned by the banks that remain empty and urged Council to be advocates for housing. Kay Ward spoke on being an Airbnb owner, unhosted rentals being a problem, and the no follow-through on complaints. Nancy Wang spoke on the importance of knowing your neighbors, short-term rentals not creating community and discouraging people from buying homes because they do not want to live near a short-term rental. Barbara Tomin spoke on the property next to her applying for a non-hosted short-term rental, no longer feeling safe in her neighborhood, and placing the burden of monitoring short-term rentals on the neighbors being inappropriate. Charles spoke on non-hosted rentals having an adverse impact to fire safety, expressed concern about placing caps on permits, and expressed vacation rentals being singled out and are not a health or safety risk. Carolyn spoke on being a non-hosted rental owner, expressed the income allows her to care for her adult daughter with disabilities, not all non-hosted rentals are large homes, and asked how enforcement City of Santa Rosa Regular Meeting Minutes Page 17 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 complaints are recorded. Lola spoke on living in a neighborhood with short-term rentals that have been operated without incident or issues and to prioritize them to get a permit. Carl Jaeger spoke in support of a compromise suggesting a town hall meeting with a moderator, the urgency ordinance not allowing staff time to implement it, creating true enforcement with heavy fines. Dan Gudino spoke expressing concern, as someone who manages un-hosted properties in Santa Rosa, no input was taken from management companies on best practices, in opposition to capping permits non-hosted, and to work together for fair solutions. Claudia Castro spoke on being an short-term rental owner, on the qualifications of what an owner or manager has to complete, short-term rentals is a business that requires knowledge on property management and the qualifications required to obtain a permit. David spoke on being a new resident to Santa Rosa and moving to the area after having a positive experience when renting Airbnbs, and asked what the data is to support the permit cap at 215. Emilia spoke on being a short-term rental owner without any complaints, being impacted by the bad owners, and being able to provide a job as a short-term rental owner. Alina spoke on wanting to have the flexibility to list her home as a non-hosted short-term rental property, in opposition to permit caps which limits flexibility for people to earn income on their properties, focus on enforcement and bad actors, and is opposed to the adoption of the ordinance. Rick Bale spoke on the problems of a short-term rental behind his home, of being unaware of the complaint process, on filing two City of Santa Rosa Regular Meeting Minutes Page 18 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 complaints in the last three days and not being sure how the enforcement will be handled, and the need to codify what constitutes a complaint. Wendy Sewell spoke on turning her permanent home into a short-term rental after the fires, and on using her property for people who have lost their homes in the fires. Chris spoke on the number of the complaints, expressed concern data is not accurate, and on issues with code enforcement cases. Chuck spoke asking if noise complaints are from homes with lots of bedrooms, and expressed concern large homes are being used as a party house. Jeff Bean spoke on a neighboring home with problems, on recently buying the home to have a non-hosted short-term rental, and expressed he should not be denied a permit as a non-hosted rental due to living next door. Yeva spoke on buying a home before the short-term rental restrictions were put in place, the micro economics at play, and stated she did her due diligence on regulations regarding short-term rentals before buying the property. R.C., short-term rental property management company, spoke on the interest of the well being of the community, short-term rentals allowing visitors into the community, concerned the company is being lumped in with bad operators, and urged the Council to adopt an ordinance solely upon fees to allow the city to set-up a proper enforcement process. Shawn spoke on owning short-term rental homes that have had no police interaction, and supports an ordinance that penalizes people who are operating improperly. Cynthia spoke on being a non-hosted short-term rental property City of Santa Rosa Regular Meeting Minutes Page 19 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 manager, the positive experience she has had managing the properties, on being able to employ many people, and creating partnerships with wineries and restaurants to create unique experiences for renters. Rebecca Prozan spoke on living next door to a party house, making calls to the owner without response, needing to call police, expressed concern about the lack of enforcement, and in support of the ordinance. David Long spoke commending staff on their work, expressed change is needed to improve enforcement capabilities for short-term rentals, and the need to reduce non-hosted rentals in neighborhoods. Mayor C. Rogers closed the public hearing at 7:58 p.m. A motion was made by Council Member Schwedhelm, seconded by Council Member N. Rogers, to waive reading of the text and adopt AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE CHAPTER 20-48, SHORT-TERM RENTALS, TO SET A MAXIMUM NUMBER OF 215 NON-HOSTED SHORT-TERM RENTAL PERMITS TO BE ISSUED CITYWIDE AND TO CLARIFY THAT ENFORCEMENT PENALTIES APPLY TO PERMIT HOLDERS AND OPERATORS IN GOOD STANDING; FILE NUMBER: REZ22-002 A substitute motion was made by Council Member Fleming, seconded by Council Member N. Rogers, amending the ordinance setting the permit cap at 198 instead of 215 and to waive reading of the text and adopt ORDINANCE NO. ORD-2022-008 ENTITLED: AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE CHAPTER 20-48, SHORT-TERM RENTALS, TO SET A MAXIMUM NUMBER OF 198 NON-HOSTED SHORT-TERM RENTAL PERMITS TO BE ISSUED CITYWIDE AND TO CLARIFY THAT ENFORCEMENT PENALTIES APPLY TO PERMIT HOLDERS AND OPERATORS IN GOOD STANDING; FILE NUMBER: REZ22-002 The substitute motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 20 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Yes: 5 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, and Council Member Rogers No: 2 - Council Member Sawyer, and Council Member Schwedhelm A motion was made by Council Member Schwedhelm, seconded by Council Member Sawyer, to waive reading of the text and adopt RESOLUTION NO. RES-2022-177 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ASSIGNING EXISTING SERVICE FEES TO SHORT-TERM RENTAL PERMIT RENEWAL APPLICATIONS AND AUTHORIZING THE DIRECTOR OF PLANNING AND ECONOMIC DEVELOPMENT TO APPROVE FUTURE FEE ADOPTIONS AND CHANGES TO THE SHORT-TERM RENTAL RENEWAL PERMITTING PROCESS 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 16. WRITTEN COMMUNICATIONS - NONE. 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 8:34 p.m. in memory of John Flitner a former Santa Rosa city attorney, and Ann Gray Byrd, Founder of the Gray Foundation. 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 21 of 21 City Council Regular Meeting Minutes - Final August 9, 2022 Approved on: November 29, 2022 /s/ Stephanie A. Williams, City Clerk