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, February 13, 2018 1:30 PM 1. CALL TO ORDER AND ROLL CALL Mayor Coursey called the meeting to order at 1:35 p.m. Present: 7 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member John Sawyer, Council Member Tom Schwedhelm and Council Member Jack Tibbetts 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT Duane DeWitt spoke regarding Item 2.3 and requested that additional information be provided on closed session items; and that Latino cultural representation be encouraged for district-based elections. Mayor Coursey recessed the meeting to closed session at 1:38 p.m. to discuss Items 2.1 through 2.3 as listed on the agenda: 2.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: One potential case 2.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Unknown number of potential cases 2.3 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 under California Voting Rights Act Mayor Coursey adjourned closed session at 3:50 p.m. and City of Santa Rosa Regular Meeting Minutes Page 2 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 reconvened the meeting to open session in the Council Chamber at 4:00 p.m. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member Julie Combs, Council Member Ernesto Olivares, Council Member John Sawyer, Council Member Tom Schwedhelm and Council Member Jack Tibbetts 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - REDWOOD EMPIRE CHINESE ASSOCIATION Attachments: Proclamation Council Member Tibbetts read the proclamation and presented it to Nancy Wang and team. 7. STAFF BRIEFINGS 7.1 FIRE RECOVERY AND REBUILD UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. Presented by Jodi Traversero, Coastal Regional Administrator with CalOES and Robert Pesapane, Deputy Operations Director; and a report was provided by Paul Lowenthal, Assistant Fire Marshall and Bennett Horenstein, Water Director. PUBLIC COMMENT Deborah Tavares spoke regarding the concerns of the safety measures taken while cleaning fire debris, and concerns of the air quality exposures for workers and nearby citizens. Peter Tscherneff spoke regarding the safety concerns of the citizens exposed to the benzene contaminants in the water. City of Santa Rosa Regular Meeting Minutes Page 3 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City Manager McGlynn provided a brief report on the Community Advisory Board strategic planning initiative and that staff will provide additional updates as the project progresses. 9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS Council Member Schwedhelm announced that he would be abstaining from Item 11.1. 10. MAYOR'S/COUNCILMEMBERS’ REPORTS 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) Council Member Combs provided a brief report on the Steering Committee, Committee to House the Bay Area (CASA). 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) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Other Vice Mayor Rogers provided a brief report on the League of California Cities Committee, Environmental Policy Committee; City of Santa Rosa Regular Meeting Minutes Page 4 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 and the Long Term Financial and Audit Subcommittee. Mayor Coursey provided a brief report on the Long Term Financial and Audit Subcommittee. 11. APPROVAL OF MINUTES - NONE. 11.1 November 30, 2017, Special Meeting. Attachments: Draft Minutes Approved as submitted, with Council Member Schwedhelm abstaining. 11.2 December 5, 2017, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 11.3 December 12, 2017, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS PUBLIC COMMENT Bob Hansen spoke in opposition to Item 12.2. Peter Tschernoff spoke in opposition to Item 12.2. Colleen Fernald spoke in opposition to Item 12.2. Duane DeWitt spoke regarding Item 12.3 and requested for community participation in the goal setting workshops; spoke on Item 12.6 and requested that Council consider an excise tax on oil production. Deborah Tavares spoke in opposition to Item 12.6; and spoke regarding Item 12.4 and the concerns with the Pacific Gas and Electric Company in relations to the fire disaster. City of Santa Rosa Regular Meeting Minutes Page 5 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 Thomas Ells spoke regarding Item 12.4 and the need of cleaning debris to prevent future fires. Peggy Hendrix spoke regarding Item 12.4 and the need of cleaning debris to prevent future fires. Kevin Conway spoke in support of Item 12.6. Barbara Moulton, representing Citizens' Climate Lobby, spoke in support of Item 12.6. Tom Helm spoke in support of Item 12.6. Rick Coates spoke in support of Item 12.6. Approval of the Consent Agenda A motion was made by Vice Mayor Rogers, seconded by Council Member Tibbetts, to waive reading of the text and adopt Consent Items 12.1 through 12.3. The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Olivares, Council Member Sawyer, Council Member Schwedhelm and Council Member Tibbetts 12.1 RESOLUTION - ONE-TIME ALLOCATION OF ADMINISTRATIVE LEAVE TO THE CITY MANAGER AND CITY ATTORNEY RECOMMENDATION: The City Council desires, by resolution, to authorize a one-time allocation of eighty (80) hours of additional administrative leave, to be used no later than December 31, 2020, to the City Manager and the City Attorney in recognition of their extraordinary service to the City of Santa Rosa during the fire emergency. Attachments: Memo Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-023 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING A ONE-TIME ALLOCATION OF EIGHTY (80) HOURS OF ADDITIONAL ADMINISTRATIVE City of Santa Rosa Regular Meeting Minutes Page 6 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 LEAVE TO CITY MANAGER AND CITY ATTORNEY IN RECOGNITION OF THEIR EXTRAORDINARY SERVICE DURING THE FIRE EMERGENCY AND DISASTER ACTIVATION 12.2 RESOLUTION - CONTRACT EXTENSION - SIXTH AMENDMENT TO F001077 APPLIED PEST MANAGEMENT, INC. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve a Sixth Amendment to Agreement F001077 for a one year contract extension for pest management services with Applied Pest Management Inc., Vallejo, CA to add services and increase compensation by $34,940.00, for a total amount not to exceed $121,035.00. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-024 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SIXTH AMENDMENT TO THE GENERAL SERVICES AGREEMENT NO. F001077 WITH APPLIED PEST MANAGEMENT INC 12.3 RESOLUTION - ADOPTION OF COUNCIL GOAL SETTING REPORT RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution, receive and adopt the Council Goal Setting Report for 2018. Attachments: Staff Report Attachment Resolution Exhibit This Consent - Resolution was adopted. RESOLUTION NO. RES-2018-025 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ACCEPTING AND ADOPTING THE COUNCIL GOAL SETTING REPORT 12.4 RESOLUTION - PRIVATE FIRE DEBRIS CLEANUP DEADLINE RECOMMENDATION: It is recommended by the Fire Department and City of Santa Rosa Regular Meeting Minutes Page 7 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 City Attorney that the Council, by resolution, establish a deadline of April 9, 2018 for removal of all fire debris from residential and commercial properties. Attachments: Staff Report Resolution Presentation A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Item 12.4: RESOLUTION NO. RES-2018-026 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING A DEADLINE OF APRIL 9, 2018 FOR REMOVAL OF ALL FIRE DEBRIS FROM RESIDENTIAL AND COMMERCIAL PROPERTIES The motion carried by the following vote: Yes: 5 - Mayor Coursey, Vice Mayor Rogers, Council Member Olivares, Council Member Sawyer and Council Member Tibbetts No: 2 - Council Member Combs and Council Member Schwedhelm 12.5 ORDINANCE ADOPTION - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 0 ROUND BARN BOULEVARD TO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL AND OSC (OPEN SPACE - CONSERVATION) DISTRICTS ROUND BARN VILLAGE - FILE NUMBER PRJ17-004 RECOMMENDATION: This ordinance, introduced at the February 6, 2018, Regular Meeting by a 6-1 vote (Council Member Combs voting No), amends Title 20 of the Santa Rosa City Code - Reclassification of Property located at 0 Round Barn Boulevard to the R-1-6 (Single-Family Residential and OSC (Open Space - Conservation) Districts Round Barn Village - File Number PRJ17-004. Attachments: Ordinance Exhibit A A motion was made by Vice Mayor Rogers, seconded by Council Member Schwedhelm, to waive reading of the text and adopt Consent Item 12.5 with corrected date of ordinance introduction: ORDINANCE NO. ORD-2018-003 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE City of Santa Rosa Regular Meeting Minutes Page 8 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 SANTA ROSA CITY CODE – RECLASSIFICATION OF PROPERTY LOCATED AT 0 ROUND BARN BOULEVARD TO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL AND OSC (OPEN SPACE – CONSERVATION) DISTRICTS ROUND BARN VILLAGE – FILE NUMBER PRJ17-004 The motion carried by the following vote: Yes: 6 - Mayor Coursey, Vice Mayor Rogers, Council Member Olivares, Council Member Sawyer, Council Member Schwedhelm and Council Member Tibbetts No: 1 - Council Member Combs 12.6 RESOLUTION - URGING THE UNITED STATES CONGRESS ENACT A TAX ON CARBON-BASED FOSSIL FUELS RECOMMENDATION: The City Council requests, by resolution, that the United States Congress enact a tax on carbon-based fossils fuels. Attachments: Memo Resolution A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Item 12.6. RESOLUTION NO. RES-2018-027 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA URGING THE UNITED STATES CONGRESS ENACT A TAX ON CARBON-BASED FOSSIL FUELS The motion carried by the following vote: Yes: 7 - Mayor Coursey, Vice Mayor Rogers, Council Member Combs, Council Member Olivares, Council Member Sawyer, Council Member Schwedhelm and Council Member Tibbetts 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Ulf Duarte spoke regarding concerns of the conditions of the sidewalks and streets. Peter Tscherneff spoke regarding various topics. Shelly Browning spoke in support of public banking. Bob Hansen spoke in opposition to the small cell installation. City of Santa Rosa Regular Meeting Minutes Page 9 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 Alex Krohn spoke in opposition to the small cell installations. Dana Bellwether spoke in support of homeless encampments and requested that the city provide services to the encampments. Thomas Ells spoke in support of rebuilding for those affected by the fire located Journey's End mobile home park. Colleen Fernald spoke regarding the concerns of the weather reporting on the day of the fire. Ernie Barry-Federman spoke regarding the concerns of the homeowner insurance companies agents are encouraging policy holders to relocate and not rebuild their homes in the City of Santa Rosa. Deborah Tavares spoke in support of a climate action plan. 14. REPORT ITEMS - NONE. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - DISTRICT BASED CITY COUNCIL ELECTIONS: COMPOSITION OF DISTRICTS (CALIFORNIA VOTING RIGHTS ACT) - SECOND OF FIVE PUBLIC HEARINGS BACKGROUND: On August 29, 2017, the City Council adopted a resolution declaring its intent to initiate proceedings to transition the City from at-large to district-based Council member elections pursuant to Elections Code Section 10010 and Government Code Section 34886 (RES-2017-13). Pursuant to Elections Code Section 10010, the City Council is required to hold at least five public hearings in connection with the establishment of electoral districts, before the Council moves to consider an ordinance to transition the City to district-based elections. Two of the public hearings must be held before any map or maps of the boundaries of the proposed voting districts are drawn. These two initial public hearings provide the public an opportunity to provide input regarding the criteria for, and the composition of the proposed districts. This is the second of City of Santa Rosa Regular Meeting Minutes Page 10 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 those two initial public hearings. The first was held on February 6, 2018. Two additional public hearings will be held after the proposed maps are drawn, to allow for public comment on the draft maps. A final public hearing will be held in connection with the Council’s adoption of an ordinance establishing district-based elections. RECOMMENDATION: It is recommended by the City Attorney that the City Council hold a second public hearing to receive additional input from the community regarding the composition of new voting districts to be established for the district-based election of Council members beginning in 2018, in accordance with Elections Code Section 10010. Attachments: Staff Report Attachment Presentation Presentatiion (Added 2/13/18) Presented by Sue Gallagher, City Attorney, Marguerite Leoni, with Nielsen Merksamer, and Shalice Tilton, with National Demographics Consultants. Mayor Coursey opened the public hearing at 7:25 p.m. PUBLIC COMMENT Allen Thomas spoke in support of maps submitted by Concerned Citizens of Santa Rosa; keeping the socioeconomic community together from Steele Lane to Third Street and Stony Point to the 101. Peter Rumble spoke in support of the maps provided by Santa Rosa Metro Chamber and Sonoma County Alliance; and that downtown have multiple district representation. Guy Conner, representing Concerned for Citizens, spoke in support of maintaining the criteria with respect to neighborhoods and community of interests. Anne Seeley, representing Concerned Citizens of Santa Rosa, spoke in support of three maps submitted prior to the wildfires, and City of Santa Rosa Regular Meeting Minutes Page 11 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 will look forward to submitting maps with respected neighborhoods. Terry Price, representing Coalition for Better Sonoma County and Concerned Citizens of Santa Rosa, spoke in support of holding the district elections at the next Presidential Election, for a higher voter turnout to provide better representation of the Latino population. Colleen Fernald spoke in support of district elections; and in opposition to focusing on race as a protected class. Brian Ling, Executive Director of the Sonoma County Alliance, spoke in support of maps where downtown has multiple district representation; and that each Council Member be given the opportunity to run in the 2018 election. James Duncan spoke in support of east boundary be highway 101, south boundary be West College Avenue, west boundary be city limit, and the north boundary be adjusted to provide a balance with other districts. Gregory Fearon spoke in opposition of holding district elections in 2018; and in support of having the west side part of the district elections at the next Presidential Election; and that Council not consider who is running against each other. Thomas Ells spoke in opposition to holding elections in 2018, and in support of having the west side be part of the next Presidential Election. Bob Hansen spoke in opposition to provisional ballot voting in future elections. Mayor Coursey closed the public hearing at 7:58 p.m. This public hearing item was received and filed. 16. WRITTEN COMMUNICATIONS 16.1 QUARTERLY BOARDS, COMMISSIONS AND COMMITTEES City of Santa Rosa Regular Meeting Minutes Page 12 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 ATTENDANCE REPORT - Provided for information. Attachments: Report Report (Revised 2/12/2018) This item was received and filed. 16.2 QUARTERLY CAPITAL IMPROVEMENT PROGRAM PROJECTS UPDATE: OCTOBER TO DECEMBER 2017 - Provided for information. Attachments: Memo This item was received and filed. 16.3 MARIN/SONOMA MOSQUITO & VECTOR CONTROL DISTRICT SANTA ROSA TRUSTEE REPORT FOR JANUARY 2018. Provided for information. Attachments: Report This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Bob Hansen spoke in opposition to the hotel project with a parking lot on a residential zoning. 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] City of Santa Rosa Regular Meeting Minutes Page 13 of 13 City Council Regular Meeting Minutes - Final February 13, 2018 19. ADJOURNMENT OF MEETING Hearing no further business, Mayor Coursey adjourned the meeting at 8:31 p.m. The next regularly scheduled meeting will take place on February 27, 2018, 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: May 22, 2018 /s/: Daisy Gomez, City Clerk