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, October 24, 2017 2:30 PM Council Member Julie Combs participated in the meeting via teleconference from Shanghai Fuyue Hotel, No. 1 Lane 208 Rongyue Road, Shanghai, 201600. This agenda was posted at this location. 1. CALL TO ORDER AND ROLL CALL Mayor Coursey called the closed session to order at 2:33 p.m. Present: 6 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer and Council Member Tom Schwedhelm Absent: 1 - Council Member Julie Combs 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Coursey recessed the meeting to closed session at 2:34 p.m. to discuss Items 2.1 and 2.2 as listed on the agenda: 2.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Demand Letter for Southwest Voter Registration Education Project under California Voting Rights Act. 2.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Veronica A. Smith v. City of Santa Rosa, et al. Sonoma County Superior Court Case No. SCV-260202 Mayor Coursey adjourned closed session at 3:44 p.m. and reconvened the meeting to open session in the Council Chamber at 4:03 p.m. 3. STUDY SESSION - NONE. City of Santa Rosa Regular Meeting Minutes Page 2 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Chris Coursey, Vice Mayor Jack Tibbetts, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer and Council Member Tom Schwedhelm 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS - NONE. 7. STAFF BRIEFINGS - NONE. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS There was nothing to report. 9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS Council Member Schwedhelm announced that he will be recusing from first and second urgency ordinances from Item 14.3. 10. MAYOR'S/COUNCILMEMBERS’ REPORTS The Mayor and Council Members made announcements and reports of interest to the Council. 10.1 MAYOR'S/COUNCILMEMBERS' 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) 10.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 10.1.6 Sonoma Clean Power Authority (SCPA) 10.1.7 Sonoma County Waste Management Agency (SCWMA) City of Santa Rosa Regular Meeting Minutes Page 3 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 10.1.8 Other 11. APPROVAL OF MINUTES 11.1 September 19, 2017, Regular Meeting. Attachments: Draft Minutes This item was approved as submitted. 12. CONSENT ITEMS PUBLIC COMMENT Duane DeWitt spoke regarding the concerns of Items 12.1 and 12.2. Steven Singleton spoke regarding the concerns of Item 12.9. Luther Kitchen spoke regarding the concerns of Item 12.1. Approval of the Consent Agenda A motion was made by Vice Mayor Tibbetts, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Items 12.1 through 12.9, except for Item 12.3. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 12.1 MOTION - AMENDMENT TO WORK ORDER APPROVAL - GREEN VALLEY CONSULTING ENGINEERS, INSPECTION SERVICES ASSOCIATED WITH STONY POINT ROAD WIDENING - PHASE 2 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, approve an amendment to Project Work Order PWO #A010013-2011-24A, with Green Valley Consulting Engineers of Santa Rosa, California, for inspection services associated with Stony Point Road Widening - Phase 2, increasing the contract amount by $451,165.00, for a total amount of $926,805.00. City of Santa Rosa Regular Meeting Minutes Page 4 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Attachments: Staff Report Attachment Presentation This Consent - Motion was approved. 12.2 RESOLUTION - SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT APPROVAL - HARRIS & ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT SUPPORT SERVICES ASSOCIATED WITH STONY POINT ROAD WIDENING - PHASE 2 RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve a Second Amendment to Professional Services Agreement #F000951, with Harris & Associates, Inc., a California Corporation, for construction management support services associated with Stony Point Road Widening - Phase 2, increasing the contract amount by $250,000.00, for a total amount of $2,114,726.16. Attachments: Staff Report Attachment 1 Attachment 2 Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-203 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. F000951 WITH HARRIS & ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT SUPPORT SERVICES ASSOCIATED WITH STONY POINT ROAD WIDENING - PHASE 2 12.3 RESOLUTION - RATIFICATION OF PURCHASE ORDER AND PAYMENTS TO PLAYCORE WISCONSIN FOR PLAYGROUND EQUIPMENT AND INSTALLATION AND WAIVER OF ANY DEFECTS IN PURCHASING PROCESS RECOMMENDATION: It is recommended by the Finance Department and City Manager that the Council, by resolution, ratify the Purchase Order and associated payments made to PlayCore Wisconsin dba Gametime Inc. for playground equipment and installation at 2375 West College Avenue, and waive any defects in the purchasing process. City of Santa Rosa Regular Meeting Minutes Page 5 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Attachments: Staff Report Resolution Presentation This item was continued to the November 14, 2017 meeting. 12.4 RESOLUTION - RATIFICATION OF PURCHASE ORDERS AND APPROVAL OF PAYMENTS TO PUBLIC RESTROOM COMPANY, AND WAIVER OF DEFECTS IN THE ASSOCIATED PURCHASING PROCESS RECOMMENDATION: It is recommended by the Finance Department and City Manager that the Council, by resolution, ratify the Purchase Order and approve the associated payments made to Public Restroom Company for the purchase and installation of a turn-key public restroom and storage room, and waive any defects in that purchasing process. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-204 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RATIFYING PURCHASE ORDER NO. 149552 TO THE PUBLIC RESTROOM COMPANY FOR PURCHASE AND INSTALLATION OF A TURN-KEY PUBLIC RESTROOM AND STORAGE ROOM AND WAIVER OF DEFECTS IN THE ASSOCIATED PURCHASING PROCESS 12.5 RESOLUTION - SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA ADVISORY BOARD APPOINTMENTS RECOMMENDATION: It is recommended by the Planning and Economic Development Department that Council, by resolution, appoint Tony Bucklen of Hilton Sonoma Wine Country and Todd Anderson of Best Western Plus Wine Country Inn & Suites to the Santa Rosa Tourism Business Improvement Area (SRTBIA) Advisory Board. Attachments: Staff Report Attachment 1 - Ordinance 3946 Resolution Presentation RESOLUTION NO. RES-2017-205 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING City of Santa Rosa Regular Meeting Minutes Page 6 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 APPOINTMENTS TO THE ADVISORY BOARD FOR THE SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-205 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING APPOINTMENTS TO THE ADVISORY BOARD FOR THE SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA 12.6 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT WITH SARTIN DENNY PRODUCTIONS, LLC, DBA THE ENGINE IS RED, FOR CREATIVE SUPPORT SERVICES RELATED TO POST-FIRE REBUILD AND PROCESS IMPROVEMENT COMMUICATIONS, AND OTHER DEPARTMENT INITIATIVES RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve a professional services agreement with Sartin Denny Productions, LLC, DBA The Engine is Red, a Santa Rosa, California limited liability corporation, for creative support services related to post-fire rebuild and process improvement communications, and other Department initiatives for a total amount not to exceed $96,000.00. Attachments: Staff Report Attachment 1 - Campaign Guide Attachment 2 - PSA Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-206 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH SARTIN DENNY PRODUCTIONS, LLC, DBA THE ENGINE IS RED, FOR CREATIVE SUPPORT SERVICES 12.7 RESOLUTION - APPROVAL AND ADOPTION OF THE CITY’S SALARY SCHEDULE RECOMMENDATION: The Human Resources Department recommends that the Council, by resolution, approve and adopt the City’s Salary Schedule. City of Santa Rosa Regular Meeting Minutes Page 7 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Attachments: Staff Report Attachment A Attachment B Attachment C Attachment D Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-207-207 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING THE CITY’S SALARY SCHEDULE 12.8 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY SCHEDULE TO RECLASSIFY1.0 FTE ADMINISTRATIVE ASSISTANT TO SENIOR ADMINISTRATIVE ASSISTANT AND CHANGING THE STATUS OF THE EMPLOYEE RELATIONS MANAGER CLASSIFICATION FROM AT-WILL TO CLASSIFIED RECOMMENDATION: The Human Resources Department recommends that the Council, by resolution, approve the reclassification of 1.0 FTE vacant Administrative Assistant position to Senior Administrative Assistant in the City Manager’s Office, and further recommends that the status of the Employee Relations Manager classification be changed from “At-Will” to Classified. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-208 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE RECLASSIFICATION OF 1.0 FTE ADMINISTRATIVE ASSISTANT TO SENIOR ADMINISTRATIVE ASSISTANT AND CHANGING THE “AT-WILL” STATUS OF THE EMPLOYEE RELATIONS MANAGER CLASSIFICATION TO CLASSIFIED STATUS 12.9 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL HOMELESS EMERGENCY RECOMMENDATION: It is recommended by the Housing and City of Santa Rosa Regular Meeting Minutes Page 8 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Community Services Department that the Council, by resolution, approve an extension of Resolution No. 28839 which formally proclaimed a local homeless emergency within Santa Rosa. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2017-209 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA EXTENDING A PROCLAMATION OF LOCAL HOMELESS EMERGENCY (Government Code Sections 8630 et seq.) The time not being 5:00 p.m., Mayor Coursey took Report Item 14.1 before Item 13 - Public Comment on Non-Agenda Items. 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Jennifer Estrella, Habitat Humanity, spoke in support of assisting in building homes. Ron Taylor spoke regarding the concerns of the rescheduling district elections public hearings. Anne Seeley spoke in support of the Sonoma County Conservation Action. Duane DeWitt spoke in support of bunk homes, trailers, and tuff sheds as temporary housing for the homeless. Danielle Cagan, AAA Insurance, spoke regarding the proactive efforts during the fire disaster. Tom Brown spoke regarding the concerns of the dangerous air quality. Adrian Shader spoke regarding the concerns of the treatment toward the homeless. Robert Martinez spoke regarding the efforts in collaboration with the City of Santa Rosa Regular Meeting Minutes Page 9 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 college students. Gregory Fearon spoke regarding upcoming November 12, 2017 community meeting. Colleen Fernald spoke regarding various topics. Mara Ventura spoke regarding the effects of disasters in other areas. Sarah Seitz spoke regarding the concerns of raising rental rates. Teresa Chavez spoke regarding the concerns of the increase of rental rates. Marilna Martarano spoke regarding the concerns of the increase of rental rates and homelessness. Dave Ranson spoke regarding the concerns of the unaffordable housing. 14. REPORT ITEMS 14.1 REPORT - ROSELAND ANNEXATION ACTION ITEMS: BUDGET AMENDMENT, APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH SOUTH PARK SANITATION DISTRICT TRANSFER TO THE CITY, RECLASSIFICATION OF 1 FTE CODE ENFORCEMENT OFFICER TO HOUSING AND COMMUNITY SERVICES MANAGER, REGIONAL HOUSING NEEDS ASSESSMENT ALLOCATION AND CREDIT TRANSFER LETTER BACKGROUND: This report includes four actions related to the Roseland Annexation Area. The first amends the current year budget by increasing appropriations to pay for one-time startup costs, capital investment and operating costs relative to the Roseland Annexation. The second action item is to amend the agreement with South Park County Sanitation District to address treatment of the District upon annexation. The third action item is a reclassification of a position within the Housing and Community Services Department to better City of Santa Rosa Regular Meeting Minutes Page 10 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 manage Code Enforcement and improve capacity to address issues coming from the annexation area. The final action item is approval of a letter and authorizing the mayor to sign the letter that will request the transfer of RHNA allocation and credits from the County to the City as a result of annexation. ABAG and Government Code §65584.07(d) require that the City and County submit a written notice requesting any transfers of allocations and credits. RECOMMENDATION: It is recommended by the City Manager, Finance, Water, Human Resources Housing and Community Services and Planning and Economic Development Departments that the Council, (1) by resolution, amend the Fiscal Year (FY) 2017-18 adopted budget to include budget for Roseland Annexation operating costs; (2) by resolution, approve the First Amendment to the Amended and Restated Agreement Regarding South Park County Sanitation District Operations and Transfer to the City of Santa Rosa; (3) by resolution, approve the reclassification of 1.0 Full Time Equivalent (FTE) vacant Code Enforcement Officer to Housing and Community Services Manager in the Housing and Community Services Department; and (4) by motion, authorize the mayor to sign a joint letter with Sonoma County requesting that the Association of Bay Area Governments (ABAG) transfer 421 Regional Housing Needs Assessment (RHNA) allocations and credits in the Roseland Annexation Area from the County to the City. Attachments: Staff Report Attachment 1 Attachment 2 Resolution - Budget Amendment Exhibit A to Budget Amendment Resolution Resolution - SPCSD First Amendment Exhibit A to SPCSD First Amendment Resolution - Reclassify Code Enforcement Position Presentation Presented by Jessica Jones, Supervising Planner; Deborah Lauchner, Chief Financial Officer; and Jennifer Burker, Deputy Director of Water Department. PUBLIC COMMENT Duane DeWitt spoke regarding the concerns of the road pavement City of Santa Rosa Regular Meeting Minutes Page 11 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 condition of Corby Avenue, the need of additional code enforcement officers, and expressed concerns of those that reside in non-compliant dwellings. A motion was made by Council Member Olivares, seconded by Vice Mayor Tibbetts, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-210 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE FISCAL YEAR 2017-18 BUDGET TO RECOGNIZE REVENUES OF $1,952,000 AND APPROPRIATING $2,254,900 FOR ADDITIONAL EXPENDITURE NEEDS UPON ANNEXATION OF THE ROSELAND AREA The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm A motion was made by Council Member Olivares, seconded by Vice Mayor Tibbetts, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-211 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT REGARDING SOUTH PARK COUNTY SANITATION DISTRICT OPERATIONS AND TRANSFER TO THE CITY OF SANTA ROSA The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-212 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE RECLASSIFICATION OF 1.0 FTE CODE ENFORCEMENT OFFICER TO HOUSING AND COMMUNITY SERVICES MANAGER The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 12 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm A motion was made by Council Member Olivares, seconded by Council Member Rogers, to authorize the mayor to sign a joint letter with Sonoma County requesting that the Association of Bay Area Governments (ABAG) transfer 421 Regional Housing Needs Assessment (RHNA) allocations and credits in the Roseland Annexation Area from the County to the City. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.2 REPORT - ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONITORING PROGRAM; APPROVAL OF THE FULTON ROAD WIDENING IMPROVEMENT PROJECT BETWEEN GUERNEVILLE ROAD AND PINER ROAD BACKGROUND: A proposed Mitigated Negative Declaration (MND) was issued for public notice and review for 30 days, beginning on June 23, 2017 and ending in July 24, 2017. Comments from the public notice and review have been addressed, but no substantial revisions to the IS/MND have been identified. The City must adopt the MND for the Fulton Road Widening Improvement Project between Guerneville Road and Piner Road, approve the Project, and adopt a Mitigation Monitoring Program (MMP) for the Project in order to proceed with the next steps in implementing the Project. Upon adoption of the MND and approval of the Project by the City Council, a Notice of Determination (NOD) will be filed with the Sonoma County Clerk’s Office and the State Clearinghouse, completing the environmental review process. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that Council, by resolution, 1) adopt the Mitigated Negative Declaration (MND) for the Fulton Road Widening Improvement Project between Guerneville Road and Piner Road; 2) approve the Project; and 3) adopt a Mitigation Monitoring Program (MMP) for the Project. City of Santa Rosa Regular Meeting Minutes Page 13 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Attachments: Staff Report Attachment 1 Attachment 2 Resolution Presentation Presented by Chris Catbagan, Associate Civil Engineer. PUBLIC COMMENT Merlin spoke in opposition to the item. A motion was made by Council Member Schwedhelm, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-213 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION AND MONITORING PROGRAM; APPROVAL OF THE FULTON ROAD WIDENING IMPROVEMENT PROJECT BETWEEN GUERNEVILLE ROAD AND PINER ROAD The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm *14.3 REPORT - URGENCY ORDINANCES ADDING ZONING CODE SECTION 20-28.100, RESILIENT CITY (-RC) COMBINING DISTRICT, REZONING PROPERTIES TO THE -RC DISTRICT, AND PROHIBITING RENTAL HOUSING PRICE GOUGING, TO FACILITATE REBUILDING AND THE IMPLEMENTATION OF RESILIENCY INITIATIVES TO THOSE PARTS OF THE CITY OF SANTA ROSA MOST SEVERELY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017. BACKGROUND: Beginning on the evening of October 8, 2017, and continuing for days thereafter, a series of wildfire events damaged or destroyed thousands of residential and commercial structures within the City of Santa Rosa. There is an urgent need to rebuild and repopulate those areas affected by the fires. To facilitate and expedite the process, staff has developed the Resilient City (-RC) combining zoning City of Santa Rosa Regular Meeting Minutes Page 14 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 district, to be applied to the base zoning of each property impacted by the Fires. In addition, City officials have been alerted to the possibility of price gouging of rental housing in the City. To address this issue, staff is recommending a prohibition on rental housing price gouging. The proposed -RC Combining District and prohibition on price gouging are urgency ordinances under Government Code section 36937(b) and would go into effect immediately upon enactment. Under the City Charter, five affirmative votes are necessary to adopt an urgency ordinance. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council adopt three urgency ordinances, (1) to amend Title 20 of the Santa Rosa City Code, to add Section 20-28.100, Resilient City (-RC) Combining District, to facilitate rebuilding and the implementation of resiliency initiatives in those parts of the City of Santa Rosa most severely impacted by the Tubbs and Nuns Fires (Fires) of October 2017, (2) to reclassify properties directly impacted by the Fires to add the -RC Combining District to the base zoning district of each property in the area, and (3) to impose a prohibition on rental housing price gouging following the Fires. Attachments: Staff Report Urgency Ordinance - RC Combining Districts Urgency Ordinance - RC Combining Districts_Redlined 10/24 Urgency Ordinance - RC Combining Districts Urgency Ordinance - RC Combining Districts_(Revised 10242017) Urgency Ordinance - RC Combining Districts_Final Urgency Ordinance - RC rezoning (corrected 10/24/2017) Urgency Ordinance - Price Gouging Urgency Ordinance - Price Gouging_Final Presentation Presented by Clare Hartman, Deputy Director - Planning, and Jessica Jones, Supervising Planner. PUBLIC COMMENT Tom Brown spoke in support of the resiliency initiatives. Anne Seeley spoke in support of the resiliency initiatives. City of Santa Rosa Regular Meeting Minutes Page 15 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Nancy Wang spoke spoke in support of the resiliency initiatives with some concerns. Teri Shore, Greenbelt Alliance, spoke in support of the resiliency initiatives with amendments. Michael Allen spoke in support of the resiliency initiatives with amendments. Nile Sprague spoke in support of the resiliency initiatives with amendments. Sabra Briere spoke in support of the resiliency initiatives with amendments. Marsha Taylor spoke in support of the resiliency initiatives with amendments. Steve McCullagh spoke in support of the resiliency initiatives with amendments. Charity Wagner spoke in support of the resiliency initiatives with amendments. Adrienne Lauby spoke in support of the resiliency initiatives with amendments. Gregory Fearon spoke in support of the resiliency initiatives with amendments. Michelle Gervais spoke in support of the resiliency initiatives with amendments. Mike Turgeon spoke in support of the resiliency initiatives with amendments. Kevin Conway spoke in support of the resiliency initiatives with City of Santa Rosa Regular Meeting Minutes Page 16 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 amendments. Diane Wheeler spoke in support of the resiliency initiatives with amendments. Colleen Fernald spoke in support of the resiliency initiatives with amendments. Lara Magnusdottis spoke in support of the resiliency initiatives with amendments. Anita Lafollette spoke in support of the resiliency initiatives with amendments. Steve Birdlebough spoke in support of the resiliency initiatives with amendments. Merlin spoke in support of the resiliency initiatives with amendments. Hugh Futrell spoke in support of the resiliency initiatives with amendments. Keith Christopherson spoke in support of the resiliency initiatives with amendments. Donald Moser spoke in support of the resiliency initiatives with amendments. Thomas Ells spoke in support of the resiliency initiatives with amendments. Julia Donoho spoke in support of the resiliency initiatives with amendments. A motion was made by Council Member Combs, seconded by Council Member Rogers, to waive reading of the text to exclude Subsection F and adopt as amended: City of Santa Rosa Regular Meeting Minutes Page 17 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 ORDINANCE ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – ADDING SECTION 20- 28.100, RESILIENT CITY (–RC) COMBINING DISTRICT, TO FACILITATE REBUILDING AND IMPLEMENT RESILIENCY INITIATIVES TO THOSE PARTS OF THE CITY OF SANTA ROSA MOST SEVERELY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017 The motion failed by the following vote: Yes: 1 - Council Member Combs No: 5 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Olivares, Council Member Rogers and Council Member Sawyer Recused: 1 - Council Member Schwedhelm A motion was made by Council Member Rogers, seconded by Council Member Sawyer, to waive reading of the text to include "at least ten (10) calendar days prior to taking action on any Design Review or Hillside Development Permit applications for replacement structures that vary from the originally permitted footprint or building height, the Director of Planning and Economic Development shall notify, by mail, all persons or entities as set forth in Section 20.66.020(C)(1). No public hearing shall be required." and adopt as amended: ORDINANCE NO. ORD-2017-018 ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – ADDING SECTION 20- 28.100, RESILIENT CITY (–RC) COMBINING DISTRICT, TO FACILITATE REBUILDING AND IMPLEMENT RESILIENCY INITIATIVES TO THOSE PARTS OF THE CITY OF SANTA ROSA MOST SEVERELY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017 The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers and Council Member Sawyer Recused: 1 - Council Member Schwedhelm Council Member Schwedhelm joined the meeting at this time. PUBLIC COMMENT City of Santa Rosa Regular Meeting Minutes Page 18 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Christine Thompson spoke in support of the item. Tom Amato spoke in support of the item. Leticia Romero spoke in support of the item. Gail Outlaw spoke in support of the item. Keith Becker spoke in support of the item. Ronit Rubinoff spoke in support of the item. Adrienne Lauby spoke in support of the item. Merlin spoke in support of the item. Thomas Ells spoke in support of the item. A motion was made by Council Member Rogers, seconded by Council Member Olivares, to waive reading of the text and adopt: ORDINANCE NO. ORD-2017-019 ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE – RECLASSIFICATION OF THE PROPERTIES DIRECTLY IMPACTED BY THE TUBBS AND NUNS FIRES OF OCTOBER 2017 TO ADD THE RESILIENT CITY (–RC) COMBINING DISTRICT TO THE BASE ZONING DISTRICT OF EACH PARCEL TO FACILITATE REBUILDING AND IMPLEMENT RESILIENCY INITIATIVES The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers and Council Member Sawyer Recused: 1 - Council Member Schwedhelm A motion was made by Council Member Rogers, seconded by Council Member Combs, to waive reading of the text and adopt: ORDINANCE NO. ORD-2017-020 ENTITLED: AN URGENCY AND INTERIM ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 10-44 TO THE SANTA ROSA CITY CODE TO IMPOSE A City of Santa Rosa Regular Meeting Minutes Page 19 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 PROHIBITION ON RENTAL HOUSING PRICE GOUGING FOLLOWING THE TUBBS AND NUNS FIRES OF OCTOBER 2017 WITHIN THE CITY OF SANTA ROSA The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Combs, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm 14.4 REPORT - AMENDING THE CITY CLASSIFICATION AND SALARY PLAN TO: CHANGE THE TITLE OF THE CLASSIFICATION OF COMMUNICATIONS AND INTERGOVERNMENTAL AFFAIRS OFFICER TO COMMUNICATIONS AND INTERGOVERNMENTAL RELATIONS OFFICER; MODIFY THE SALARY RANGE; AND APPROVE THE JOB DESCRIPTION BACKGROUND: In February 2017, the City Manager requested Human Resources to create a new classification to be responsible for two (2) major City Programs: 1) Developing, coordinating, managing, and executing a comprehensive communications program for the City; and 2) Administer and facilitate the City’s intergovernmental affairs and legislative advocacy program. The City Charter states that the compensation of all employees is subject to approval of the City Council. In June 2017, by resolution, the position was approved as part of the FY 2017-18 adopted budget, with the understanding that the City Manager’s Office would not fill this position until Council approves the final job description and salary range being presented to Council for approval. RECOMMENDATION: It is recommended by the Human Resources Department recommends that the Council, by Resolution amend the City’s Classification and Salary Plan to: 1) change the title of the classification from Communications and Intergovernmental Affairs Officer to Communications and Intergovernmental Relations Officer; 2) approve the job description; and 3) modify the salary range to be $108,216 - $135,303. City of Santa Rosa Regular Meeting Minutes Page 20 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 Attachments: Staff Report Staff Report (Revised 10/24/2017) Attachment A Attachment A (Revised 10/24/2017) Resolution Presentation Presentation (Revised 10/24/2017) Resolution_Redlined (Revised at Council) Resolution_FINAL Attachment A - Salary Schedule redline.pdf Presented by golbou ghassemieh, Human Resources Director. A motion was made by Mayor Coursey, seconded by Council Member Olivares, to waive reading of the text and adopt as amended: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY’S CLASSIFICATION AND SALARY PLAN TO: CHANGE THE TITLE OF THE CLASSIFICATION OF COMMUNICATIONS AND INTERGOVERNMENTAL AFFAIRS OFFICER TO COMMUNICATIONS AND INTERGOVERNMENTAL RELATIONS OFFICER; MODIFY THE SALARY RANGE; APPROVE THE JOB DESCRIPTION AND UPDATE THE SALARY SCHEDULE The motion carried by the following vote: Yes: 4 - Mayor Coursey, Council Member Olivares, Council Member Sawyer and Council Member Schwedhelm No: 2 - Vice Mayor Tibbetts and Council Member Rogers Absent: 1 - Council Member Combs *14.5 REPORT - RESOLUTION AMENDING THE CITY OF SANTA ROSA SALARY AND COMPENSATION PLAN TO AUTHORIZE STRAIGHT-TIME OVERTIME FOR ALL EXEMPT CITY EMPLOYEES DURING EMERGENCY AND DISASTER ACTIVATION, AND TEMPORARILY INCREASING THE VACATION ACCRUAL MAXIMUM, AND AUTHORIZING DEVELOPMENT AND IMPLEMENTATION OF A DISASTER LEAVE BACKGROUND: This item is in response to the federally declared emergency of the fire disaster affecting the City of Santa Rosa. This item addresses employee pay and benefits related issues due to the fire disaster, and addresses the City Council goal to promote a City organization that is service-sustainable and maintains employee morale. City of Santa Rosa Regular Meeting Minutes Page 21 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 RECOMMENDATION: It is recommended by the City Manager, the Human Resources Director and the Chief Financial Officer that the Council, by resolution, approve an amendment to the City’s Compensation and Salary plan, effective October 9, 2017, to allow payment of straight-time overtime to exempt employees for hours worked beyond 40 hours in a workweek during the current fire disaster. Furthermore, City Manager, Human Resources Director, and Chief Financial Officer recommend approving straight-time overtime to exempt employees for hours worked beyond 40 hours in a workweek for any emergency or disaster hereto forward declared by the City Manager, as the Director of Emergency Services, and/or proclaimed by the City Council, caused by but not limited to such conditions as fire, flood, storm, mudslides, torrential rain, wind, earthquake, drought, or other causes. All city employees are disaster service workers. During the current fire emergency relief efforts, management employees are working long hours and many consecutive days with little to no time off. Per the Federal Fair Labor Standards Act, City management employees are typically exempt from overtime pay Attachments: Staff Report Resolution Presentation Presented by golbou ghassemieh, Human Resources Director. PUBLIC COMMENT Charlie Traboulsi spoke in support of the item. Chris Grabill spoke of mitigating retroactive pay. A motion was made by Council Member Sawyer, seconded by Council Member Olivares, to waive reading of the text and adopt: RESOLUTION NO. RES-2017-215 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY OF SANTA ROSA SALARY AND COMPENSATION PLAN TO AUTHORIZE STRAIGHT-TIME OVERTIME FOR ALL EXEMPT CITY EMPLOYEES DURING EMERGENCY AND DISASTER ACTIVATION, TEMPORARILY INCREASING THE VACATION ACCRUAL MAXIMUM, AND AUTHORIZING DEVELOPMENT AND IMPLEMENTATION OF A DISASTER LEAVE POLICY City of Santa Rosa Regular Meeting Minutes Page 22 of 22 City Council Regular Meeting Minutes - Final October 24, 2017 The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Tibbetts, Council Member Olivares, Council Member Rogers, Council Member Sawyer and Council Member Schwedhelm Absent: 1 - Council Member Combs 15. PUBLIC HEARINGS - NONE. 16. WRITTEN COMMUNICATIONS - NONE. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Merlin spoke regarding homelessness. Mark Parry spoke regarding the effects of the fire. Cara Recine spoke regarding the concerns of the impact of the homelessness to her businesses. 18. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 19. ADJOURNMENT OF MEETING Hearing no further business, Mayor Coursey adjourned the meeting at 9:59 p.m. The next regularly scheduled meeting will take place on November 14, 2017, at a time set by the Mayor. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: List This item was received and filed. Approved on: January 9, 2018 /s/ Daisy Gomez, City Clerk