Will Schmitt, THE PRESS DEMOCRAT
While Windsor has been negotiating with its challengers, Santa Rosa is not looking to settle.
“Santa Rosa is fighting the lawsuit and intends to keep our all-electric ordinance intact,” said Councilman Chris Rogers on Friday in a text message.
Windsor is preparing to repeal its ban on natural gas in most new homes as part of a tentative settlement with Bill Gallaher, the politically connected Sonoma County developer who has sued the town over its new climate-friendly mandate.
The Town Council on Nov. 18 put off the move under advice from Town Manager Ken MacNab after a flood of support from community members urging Windsor to defend its 2019 ban, which requires all-electric appliances in most new homes under three stories. MacNab had asked for more time “to review some of the legal points in the litigation.”
Under the proposed settlement, Gallaher and Windsor-Jensen Land Co., another developer that sued the town over the ban, would drop their lawsuits in exchange for a repeal of the all-electric rule, according to town documents. Town officials said they have pursued a deal to avoid costly litigation — taking an opposite tack from Santa Rosa, where City Hall is steeled for its own court fight with Gallaher over similar all-electric rules for new housing.
The all-electric measures are meant to align cities with California’s goal of fighting climate change by eliminating fossil fuel use associated with buildings. And supporters, including Windsor residents and elected officials and climate advocates from across the North Bay, have called on Windsor to stick with its rules while questioning the influence of political contributions that Mayor Dominic Foppoli has received from Gallaher. Some are calling for the mayor to recuse himself from the matter.
All of the written public responses Windsor officials received and published ahead of the Nov. 18 Town Council meeting were in support of the town’s natural gas ban.
“It would really be an extreme disappointment if a millionaire developer was able to bully the town out of doing all the amazing work to support the climate that this town does,” Windsor resident Jennifer Silverstein said at the virtual council meeting, noting that Windsor’s response to the Gallaher and Windsor-Jensen lawsuits could have ramifications beyond the town. “If they succeed in bullying us, they will bully Sonoma County and they will bully California.”
The five-member council is set to discuss the litigation again Wednesday in closed session. Its next regular meeting is scheduled for Dec. 16.
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