City Council
Regular MeetingSanta Rosa, CA · April 3, 2018
Minutes
City Hall, Council Chamber
City of Santa Rosa 100 Santa Rosa Avenue
Santa Rosa, CA 95404
City Council
Regular Meeting Minutes - Final
Tuesday, April 3, 2018 12:30 PM
Council Member Julie Combs participated in the meeting via
teleconference from the Loews Ventana Canyon Resort
7000 N. Resort Drive, Tucson, AZ 85750
This agenda was posted at this location.
1. CALL TO ORDER AND ROLL CALL
Mayor Coursey called the closed session to order at 12:31 p.m.
Present: 6 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member
Ernesto Olivares, Council Member John Sawyer, Council Member
Tom Schwedhelm and Council Member Jack Tibbetts
Absent: 1 - Council Member Julie Combs
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENT
Duane DeWitt spoke regarding Item 2.2 and in support of the City
Manager taking on strong positions for federal funding with Governor
Jerry Brown for wildfire relief and recovery efforts.
Mayor Coursey recessed the meeting to closed session at
12:33 p.m. to discuss Items 2.1 through 2.6 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 PUBLIC EMPLOYEE - EVALUATION OF PERFORMANCE
(Government Code section 54957(b))
Title: City Manager
2.3 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
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Agency Designated Representatives: Joanne Narloch, Interim Human
Resources Director, Jeremia Mills, Employee Relations Manager, Art
Hartinger of Renne Public Law Group, Anthony Gossner, Fire Chief and
Alan Alton, Interim Chief Financial Officer.
Employee Organizations: Santa Rosa Firefighters Association - Local
1401 (representing City Employee Unit 2).
2.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Timothy Aboudara, Jr. et al. v. City of Santa Rosa
Court Case No. USDC Northern District of CA 3:17-cv-01661-HSG
2.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Santa Rosa Fire Fighters, IAFF Local 1401 v. City of
Santa Rosa, et al.
State of California Public Employment Relations Board (PERB) Case
No.: SF-CE-1559-M
2.6 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Santa Rosa Fire Fighters, IAFF Local 1401 v. City of
Santa Rosa, et al.
State of California Public Employment Relations Board (PERB) Case
No.: SF-CE-1390-M
Mayor Coursey adjourned closed session at 3:33 p.m. and
reconvened the meeting to open session in the Council Chamber at
4:01 p.m.
3. STUDY SESSION - NONE.
4. ANNOUNCEMENT OF ROLL CALL
Present: 6 - Mayor Chris Coursey, Vice Mayor Chris Rogers, Council Member
Julie Combs, Council Member John Sawyer, Council Member Tom
Schwedhelm and Council Member Jack Tibbetts
Absent: 1 - Council Member Ernesto Olivares
5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS
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City Council Regular Meeting Minutes - Final April 3, 2018
City Attorney Gallagher announced that Council provided direction to
staff for Items 2.1, 2.3 through 2.6; and that she was not present for
Item 2.2. Mayor Coursey announced that Council provided direction
to the consultant for Item 2.2.
6. PROCLAMATIONS/PRESENTATIONS
6.1 PROCLAMATION - PARENT ENGAGEMENT MONTH
Attachments: Proclamation
Council Member Schwedhelm read and presented the proclamation
to Jason Carter, Violence Prevention Partnership Program Manager
and team.
6.2 PROCLAMATION - CHILD ABUSE PREVENTION MONTH
Attachments: Proclamation
Council Member Tibbetts read and presented the proclamation to
Robin Bowen, Executive Director, Child Parent Institute.
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.
Paul Lowenthal, Assistant Fire Marshall; and David Gouin, Assistant
City Manager.
PUBLIC COMMENT
John Stratton spoke regarding the concerns of the benzene water
contamination and the challenges to rebuilding within the 24-month
insurance allowance.
Scott Adams spoke regarding the concerns of the benzene water
contamination and the challenges to rebuilding within the 24-month
insurance allowance.
Richard Canini spoke in opposition to rebuilding underground.
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City Council Regular Meeting Minutes - Final April 3, 2018
Duane DeWitt spoke regarding the need of providing more
information to the public about recovery and rebuild.
7.2 PARKING GARAGE SOLAR PROJECT UPDATE
This item is provided to update Council on the Parking Garage Solar
Project progress and is for information only. No action will be taken.
Attachments: Staff Report
Presentation
Presented by Kim Nadeau, Parking Manager and Luke Morse,
Parking Supervisor.
Council Member Olivares joined the meeting at 4:35 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
8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS
City Attorney Gallagher provided a brief report on claim settlement
on the California River Watch.
9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS
There were no abstentions made.
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
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Council Member Schwedhelm provided a brief report.
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)
10.1.8 Groundwater Sustainability Agency (GSA)
10.1.9 Other
10.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS
On December 31, 2017, the Council's representative Art Deicke's
term expired on the Marin/Sonoma Mosquito & Vector Control District
Board of Trustees. At that time, Mr. Deicke decided not seek
reappointment; however, he was able to continue to serve in the
Trustee position for 90 days past the expiration of his term. The City
Clerk's Office conducted a recruitment using Nextdoor, Facebook
and a print ad in the Press Democrat to solicit applications of interest
to fill the vacancy. No applications were received by the deadline to
submit. In order for Mr. Deicke to continue to serve as a voting
member on the Board of Trustees, the Council needs to reappoint
him as their representative. Mr. Deicke has agreed to continue to
serve until a new appointment can be made. The City Clerk's Office
is conducting a new recruitment to solicit applications of interest for
this appointment. The Council may make a motion and vote to
reappoint Mr. Deicke to serve as the Santa Rosa representative to
the Board of Trustees until a new appointment is made.
A motion was made by Council Member Sawyer, seconded by Vice
Mayor Rogers, to appoint Art Diecke to the Marin/Sonoma Mosquito and
Vector Control District. 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
11. APPROVAL OF MINUTES - NONE.
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12. CONSENT ITEMS
PUBLIC COMMENT
Duane DeWitt spoke regarding the response to Item 12.5 and 12.6.
Adrien Shader spoke regarding Item 12.6 and in support of meeting
the needs of the homeless encampments.
Merlin Davis spoke in support of Item 12.6; in support of meeting
the needs of the homeless encampments; and concerns of the
police targeting the homeless encampments.
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
12.6. 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 MOTION - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH A CONSORTIUM OF LEGAL FIRMS, LED BY
THE LAW FIRM OF BARON & BUDD, P.C., TO PROVIDE LEGAL
REPRESENTATION ON BEHALF OF THE CITY OF SANTA ROSA IN
CONNECTION WITH POTENTIAL LITIGATION AGAINST PG&E
ARISING FROM THE WILDFIRES OF OCTOBER 2017
RECOMMENDATION: It is recommended that the Council, by motion,
approve a Professional Services Agreement with a consortium of legal
firms, led by the law firm of Baron & Budd, P.C., for legal representation
on behalf of the City of Santa Rosa in connection with potential litigation
against PG&E arising from the wildfires of October 2017.
Attachments: Staff Report
Attachment
Presentation
This Consent - Motion was approved.
12.2 RESOLUTION - STATE WATER RESOURCES CONTROL BOARD
GRANT FUNDS FOR FREEWAY WELL PLANNING PROJECT
City of Santa Rosa
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RECOMMENDATION: It is recommended by the Board of Public
Utilities and the Water Department that the Council, by resolution: 1)
authorize the Director of Santa Rosa Water or designee to negotiate
and execute a grant funding agreement with the State Water Resources
Control Board for the Freeway Well Planning Project (Project); 2)
authorize and designate the Director of Santa Rosa Water or designee
as a City Representative for the Project; 3) authorize use of existing
non-General Funds to match the State Funds being awarded; and 4)
authorize the Chief Financial Officer to increase appropriations in the
amount of the grant award.
Attachments: Staff Report
Attachment 1
Resolution
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2018-047 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE DIRECTOR
OF SANTA ROSA WATER TO NEGOTIATE AND EXECUTE A GRANT
FUNDING AGREEMENT WITH THE STATE WATER RESOURCES
CONTROL BOARD FOR THE FREEWAY WELL PLANNING PROJECT;
DESIGNATING THE DIRECTOR OF SANTA ROSA WATER AS A
REPRESENTATIVE FOR THE PROJECT; AUTHORIZING USE OF
NON-GENERAL FUNDS TO MATCH THE STATE FUNDS BEING
AWARDED; AND AUTHORIZING THE CHIEF FINANCIAL OFFICER TO
INCREASE APPROPRIATIONS IN THE AMOUNT OF THE GRANT AWARD
12.3 RESOLUTION - GRANT FUNDED PURCHASE ORDER AWARD -
SELF CONTAINED BREATHING APPARATUS (SCBA) EQUIPMENT
RECOMMENDATION: It is recommended by the Finance and Fire
Departments that the Council, by resolution, approve the bid award and
issuance of a purchase order for one hundred and twelve (112) Self
Contained Breathing Apparatus units (SCBAs) and eight (8) additional
SCBA face pieces to the lowest responsible bidder, Bauer
Compressors, Inc. of Norfolk, VA, in the total amount not to exceed
$726,188.54. This is a grant funded purchase authorized under
Consent Item 12.4 at the November 15, 2016 City Council Meeting.
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Attachments: Staff Report
Resolution
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2018-048 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA APPROVING A BID AWARD AND
ISSUANCE OF A PURCHASE ORDER FOR ONE HUNDRED AND TWELVE
(112) SELF CONTAINED BREATHING APPARATUS UNITS AND EIGHT (8)
ADDITIONAL SCBA FACE PIECES TO BAUER COMPRESSORS, INC.,
NORFOLK, VA. IN AN AMOUNT NOT TO EXCEED $726,188.54
12.4 RESOLUTION - THIRD AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT - LAND LOGISTICS, INC.
RECOMMENDATION: It is recommended by the Planning and
Economic Development Department that the Council, by Resolution: 1)
waive the competitive selection procedures in Council Policy 600-01 in
the best interests of the City; and 2) approve the Third Amendment to
the Professional Services Agreement with Land Logistics, Inc. for plan
review services, extending the time of performance to March 31, 2019
and increasing compensation by $150,000 for a total amount not to
exceed $450,000.
Attachments: Staff Report
Resolution
Exhibit A
Presentation
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2018-049 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA WAIVING THE COMPETITIVE
SELECTION PROCEDURES IN COUNCIL POLICY 600-01 IN THE BEST
INTERESTS OF THE CITY AND APPROVING THE THIRD AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT WITH LAND LOGISTICS, INC.
FOR PLANNING PLAN REVIEW SERVICES
12.5 RESOLUTION - EXTENSION OF PROCLAMATION OF EXISTENCE
OF LOCAL EMERGENCY DUE TO FIRES
RECOMMENDATION: It is recommended by the City Attorney’s Office
that the Council, by resolution, declare that the proclamation of a state
of local emergency within the City of Santa Rosa has been and remains
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City Council Regular Meeting Minutes - Final April 3, 2018
in full force and effect without interruption.
Attachments: Resolution
This Consent - Resolution was adopted.
RESOLUTION NO. RES-2018-050 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA EXTENDING THE
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY DUE TO
FIRES
12.6 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL
HOMELESS EMERGENCY
RECOMMENDATION: It is recommended by the Housing and
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-2018-051 ENTITLED: RESOLUTION OF THE
COUNCIL OF THE CITY OF SANTA ROSA EXTENDING A PROCLAMATION
OF LOCAL HOMELESS EMERGENCY (Government Code Sections 8630 et
seq.)
13. PUBLIC COMMENT ON NON-AGENDA MATTERS
Adrien Shader spoke regarding the concerns of the police activity
against the homeless.
Duane DeWitt spoke in opposition to the Recreation and Parks
Department developing on open space in parks.
Merlin presented a video of police activity at the homeless
encampments.
14. REPORT ITEMS - NONE.
15. PUBLIC HEARINGS
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15.1 PUBLIC HEARING - DISTRICT BASED CITY COUNCIL ELECTIONS:
REVIEW OF DRAFT MAPS AND COMPOSITION OF DISTRICTS
(CALIFORNIA VOTING RIGHTS ACT) - FOURTH OF SIX 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. In accordance with law,
the first two public hearings were held prior to the drafting of any
proposed district maps. These two initial public hearings, held on
February 6, 2018 and February 13, 2018, provided the public an
opportunity to provide input regarding the criteria for and composition of
voting districts, as well as the sequence of elections.
On March 6, 2018, proposed maps were posted for public review on the
City’s website. On March 13, 2018, Council held a public hearing to
provide the public an opportunity to comment on the proposed district
maps, to offer alternatives, and to weigh in on an appropriate
sequencing of elections.
On March 30, 2018, additional proposed maps will be posted for public
review on the City’s website. On April 3, 2018, Council is adding an
additional public hearing, the fourth of six, to provide the public an
opportunity to comment on the additional proposed district maps, to
offer alternatives, and to weigh in on an appropriate sequencing of
elections.
The final two public hearings regarding the proposed maps and
sequence of elections (the fifth and sixth in the series) will be held on
April 10th and April 17th. At the conclusion of the final public hearing, it
is anticipated that the City Council will adopt an ordinance establishing
district-based elections.
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RECOMMENDATION: It is recommended by the City Attorney that the
City Council hold a public hearing to receive comments from the
community regarding composition of new voting districts, draft maps,
and the sequencing of elections 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 1
Attachment 2 (Added 3/30/2018)
Attachment 3 (Added 3/30/2018)
Presentation
Presented by Sue Gallagher, City Attorney.
Mayor Coursey opened the public hearing at 5:42 p.m.
PUBLIC COMMENT
Ron Taylor spoke in support of map ID 130B.
Duane DeWitt spoke in support of map ID 101B.
Sandy Reynolds spoke in support of map ID 130B.
Bob Hansen spoke regarding the concerns of separating the
commercial businesses and residents, and the concerns of political
and financial gain.
Jack Buckhorn, Executive Director of the North Bay Central Labor
Council, spoke in support of map ID 130B.
James Duncan spoke in support of map ID 114B.
Mayor Coursey closed the public hearing at 5:56 p.m.
This public hearing was received and filed.
Mayor Coursey recessed the meeting at 6:33 p.m. and reconvened at 7:04 p.m.
15.2 PUBLIC HEARING - RESILIENT CITY DEVELOPMENT
MEASURES
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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. On October 9, 2017, the
City Manager, in his capacity as Director of Emergency Services,
proclaimed the existence of local emergency in the City, which
proclamation was ratified by the City Council on October 13,
2017. Prior to the wildfires, the Council had identified “housing
for all” as a priority due to the City’s ongoing, unmet housing
needs. As a result of both the devastation of the wildfires and the
previously existing significant shortage of housing, the Council
has stated the need for immediate measures to address both
housing and the rebuilding of uses such as lodging and childcare
facilities Citywide. The proposed Resilient City Development
Measures were prepared to facilitate these priorities. The draft
ordinance was unanimously recommended for approval, with
minor changes, by the Planning Commission on February 8,
2018.
RECOMMENDATION: It is recommended by the Planning
Commission and the Planning and Economic Development
Department that the Council introduce an ordinance amending
Title 20 of the Santa Rosa City Code, adding Chapter 20-16,
Resilient City Development Measures, to address housing needs
and economic development within the City of Santa Rosa
following the Tubbs and Nuns fires of October 2017.
Attachments: Staff Report
Attachment 1 - Proposed Ordinance with Planning Commission and Water
Department Changes.pdf
Attachment 2 - Design Review Board Meeting Minutes, dated February 1,
2018.pdf
Attachment 3 - Planning Commission Meeting Minutes, dated February 8,
2018.pdf
Attachment 4 - Planning Commission Resolution No. 11878.pdf
Attachment 5 - Public Correspondence
Ordinance
Presentation
Presented by David Guhin, Assistant City Manager, and
Jessica Jones, Supervising Planner, Planning and Economic
Development.
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Mayor Coursey opened the public hearing at 9:04 p.m.
PUBLIC COMMENT
Teri Shore, North Bay Regional Director with Greenbelt
Alliance, spoke in support of adding provisions of citing
affordable housing standards, priortizing multi-family dwellings,
and new development to the ordinance.
Duane DeWitt spoke in opposition to the item; and in support
of rebuilding with modern technology, respecting the space,
and adopting inclusionary zoning.
Anne Seeley spoke in support of splitting the ordinance into
more than one type of ordinance, and in opposition of
reducing the review authority to the Zoning Administrator,
support accessory dwelling unit and temporary housing.
Amy Bolten, on behalf of Medtronic, spoke in support of the
item.
Katelynn Wiley, Rebuilding Together, spoke in support of the
item with revisions.
Charles Metz spoke in support of long-term accessory
dwelling unit and junior accessory dwelling unit.
Robin Stephani, Homes for Sonoma, spoke in support of the
item with revisions.
Curt Nichols spoke in support of the item with revisions and
development standards.
Aaron Jobson, Homes for Sonoma, spoke in support of the
item with revisions.
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Steve Birdlebough, Transportation and Land Use Coalition,
spoke in support of the item with revisions.
Keith Christopherson spoke in support of the item.
Bob Hansen spoke in opposition to the item.
Marianne McBride, Council on Aging, spoke in support of
affordable housing for seniors.
Mayor Coursey closed the public hearing at 9:38 p.m.
A motion was made by Council Member Tibbetts, seconded by
Council Member Schwedhelm, to waive reading of the text and
introduce Chapters 20-16.010 through 20-16.050 to amend temporary
housing and structure extentions to five (5) years, daytime on-site
manager, preventing vacation rentals in temporary housing, and
identifying a single person to be the zoning administrator. The
motion carried by the following vote:
Yes: 6 - Vice Mayor Rogers, Council Member Combs, Council
Member Olivares, Council Member Sawyer, Council Member
Schwedhelm and Council Member Tibbetts
No: 1 - Mayor Coursey
A motion was made by Council Member Tibbetts, seconded by
Council Member Sawyer, to waive reading of the text and introduce
Chapters 20-16.060 through 20-16.080 as amended to include
monthly updates on decisions that have been made, emergency
shelters, and establishing the meeting time to 5:00 p.m.
A motion was made by Mayor Coursey, seconded by Vice Mayor
Rogers, to continue amendments for Chapters 20-16.060 through
20-16.080 at a future meeting. 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
16. WRITTEN COMMUNICATIONS
16.1 LETTERS OF SUPPORT - Provided for information.
Attachments: Memo/Letters of Support
City of Santa Rosa
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This item was received and filed.
PUBLIC COMMENTS ON NON-AGENDA MATTERS - NONE.
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 10:47 p.m. The next regularly scheduled meeting will take place
on April 10, 2018, at a time set by the Mayor.
20. UPCOMING MEETINGS
20.1 UPCOMING MEETINGS LIST
Attachments: Upcoming Meetings List
This item was received and filed.
Approved on: July 17, 2018
/s/: Daisy Gomez, City Clerk
Agenda
City Hall, Council
City of Santa Rosa Chamber
100 Santa Rosa Avenue
Santa Rosa, CA 95404
CITY COUNCIL
REGULAR MEETING AGENDA AND
SUMMARY REPORT - FINAL-REVISED
APRIL 3, 2018
Council Member Julie Combs will be participating in the meeting via
teleconference from the Loews Ventana Canyon Resort
7000 N. Resort Drive, Tucson, AZ 85750
This agenda shall be posted at this location.
12:30 P.M. - CLOSED SESSION (MAYOR'S CONFERENCE ROOM)
4:00 P.M. - REGULAR SESSION (COUNCIL CHAMBER)
PUBLIC COMMENTS:
Except for public hearing items, comments from the public will be allowed on
all agenda items at the time each item is called. Comments on public hearing
items may be made when the hearing is opened.
Comments from the public on non-agenda items will be heard under Agenda
Items 13 and 17. This is the time when any person may address the Council
on matters not listed on this agenda, but which are within the subject matter
jurisdiction of the Council. The first public comment period on non-agenda
items (Agenda Item 13) will begin no earlier than 5:00 p.m. and will be limited
to ten speakers selected randomly by the Mayor. Each speaker will be
allowed three minutes. Speakers who do not have an opportunity to speak
during this time will be allowed to make public comment under Agenda Item
17.
To address the Council you are requested to complete a yellow Speaker
Card and give it to the City Clerk. If you are unable to or do not wish to wait
for the public comment portion of the agenda, you are encouraged to contact
the Council or City Clerk directly by submitting your comments to 100 Santa
Rosa Avenue, Room 10, Santa Rosa 95404 or cityclerk@srcity.org.
12:30 P.M. (MAYOR'S CONFERENCE ROOM, ROOM 10)
1. CALL TO ORDER AND ROLL CALL
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 2 of 11
City Council - FINAL-REVISED APRIL 3, 2018
2. ANNOUNCEMENT OF CLOSED SESSION ITEMS
Following the announcement of Closed Session items and prior to recess into
Closed Session, the public may speak up to three minutes on items to be
addressed in Closed Session.
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 PUBLIC EMPLOYEE - EVALUATION OF PERFORMANCE
(Government Code section 54957(b))
Title: City Manager
2.3 CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Agency Designated Representatives: Joanne Narloch, Interim Human
Resources Director, Jeremia Mills, Employee Relations Manager, Art
Hartinger of Renne Public Law Group, Anthony Gossner, Fire Chief and
Alan Alton, Interim Chief Financial Officer.
Employee Organizations: Santa Rosa Firefighters Association - Local
1401 (representing City Employee Unit 2).
2.4 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Timothy Aboudara, Jr. et al. v. City of Santa Rosa
Court Case No. USDC Northern District of CA 3:17-cv-01661-HSG
2.5 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
Name of Case: Santa Rosa Fire Fighters, IAFF Local 1401 v. City of
Santa Rosa, et al.
State of California Public Employment Relations Board (PERB) Case
No.: SF-CE-1559-M
2.6 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)
City of Santa Rosa
Regular Meeting Agenda and Summary Report
Page 3 of 11
City Council - FINAL-REVISED APRIL 3, 2018
Name of Case: Santa Rosa Fire Fighters, IAFF Local 1401 v. City of
Santa Rosa, et al.
State of California Public Employment Relations Board (PERB) Case
No.: SF-CE-1390-M
RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE
COUNCIL CHAMBER
3. STUDY SESSION - NONE.
Study Session items are items for in-depth discussion and possible direction
to staff. No action will be taken.
4:00 P.M. (CITY COUNCIL CHAMBER)
4. ANNOUNCEMENT OF ROLL CALL
5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS
6. PROCLAMATIONS/PRESENTATIONS
6.1 PROCLAMATION - PARENT ENGAGEMENT MONTH
Attachments: Proclamation
6.2 PROCLAMATION - CHILD ABUSE PREVENTION MONTH
Attachments: Proclamation
7. STAFF BRIEFINGS
This time is reserved for City staff to provide a five-minute briefing to the
Council on departmental issues of interest. No action will be taken on these
matters except to possibly place a particular item on a future agenda for
Council consideration.
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.
7.2 PARKING GARAGE SOLAR PROJECT UPDATE
This item is provided to update Council on the Parking Garage Solar
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Project progress and is for information only. No action will be taken.
Attachments: Staff Report
Presentation
8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS
9. STATEMENTS OF ABSTENTION BY COUNCILMEMBERS
10. MAYOR'S/COUNCILMEMBERS’ REPORTS
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)
10.1.8 Groundwater Sustainability Agency (GSA)
10.1.9 Other
10.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS
On December 31, 2017, the Council's representative Art Deicke's term
expired on the Marin/Sonoma Mosquito & Vector Control District Board of
Trustees. At that time, Mr. Deicke decided not seek reappointment;
however, he was able to continue to serve in the Trustee position for 90
days past the expiration of his term. The City Clerk's Office conducted a
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recruitment using Nextdoor, Facebook and a print ad in the Press
Democrat to solicit applications of interest to fill the vacancy. No
applications were received by the deadline to submit. In order for Mr.
Deicke to continue to serve as a voting member on the Board of Trustees,
the Council needs to reappoint him as their representative. Mr. Deicke
has agreed to continue to serve until a new appointment can be made.
The City Clerk's Office is conducting a new recruitment to solicit
applications of interest for this appointment. The Council may make a
motion and vote to reappoint Mr. Deicke to serve as the Santa Rosa
representative to the Board of Trustees until a new appointment is made.
11. APPROVAL OF MINUTES - NONE.
12. CONSENT ITEMS
12.1 MOTION - APPROVAL OF A PROFESSIONAL SERVICES
AGREEMENT WITH A CONSORTIUM OF LEGAL FIRMS, LED BY
THE LAW FIRM OF BARON & BUDD, P.C., TO PROVIDE LEGAL
REPRESENTATION ON BEHALF OF THE CITY OF SANTA ROSA IN
CONNECTION WITH POTENTIAL LITIGATION AGAINST PG&E
ARISING FROM THE WILDFIRES OF OCTOBER 2017
RECOMMENDATION: It is recommended that the Council, by motion,
approve a Professional Services Agreement with a consortium of legal
firms, led by the law firm of Baron & Budd, P.C., for legal representation
on behalf of the City of Santa Rosa in connection with potential litigation
against PG&E arising from the wildfires of October 2017.
Attachments: Staff Report
Attachment
Presentation
12.2 RESOLUTION - STATE WATER RESOURCES CONTROL BOARD
GRANT FUNDS FOR FREEWAY WELL PLANNING PROJECT
RECOMMENDATION: It is recommended by the Board of Public
Utilities and the Water Department that the Council, by resolution: 1)
authorize the Director of Santa Rosa Water or designee to negotiate
and execute a grant funding agreement with the State Water Resources
Control Board for the Freeway Well Planning Project (Project); 2)
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authorize and designate the Director of Santa Rosa Water or designee
as a City Representative for the Project; 3) authorize use of existing
non-General Funds to match the State Funds being awarded; and 4)
authorize the Chief Financial Officer to increase appropriations in the
amount of the grant award.
Attachments: Staff Report
Attachment 1
Resolution
Presentation
12.3 RESOLUTION - GRANT FUNDED PURCHASE ORDER AWARD -
SELF CONTAINED BREATHING APPARATUS (SCBA) EQUIPMENT
RECOMMENDATION: It is recommended by the Finance and Fire
Departments that the Council, by resolution, approve the bid award and
issuance of a purchase order for one hundred and twelve (112) Self
Contained Breathing Apparatus units (SCBAs) and eight (8) additional
SCBA face pieces to the lowest responsible bidder, Bauer
Compressors, Inc. of Norfolk, VA, in the total amount not to exceed
$726,188.54. This is a grant funded purchase authorized under
Consent Item 12.4 at the November 15, 2016 City Council Meeting.
Attachments: Staff Report
Resolution
Presentation
12.4 RESOLUTION - THIRD AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT - LAND LOGISTICS, INC.
RECOMMENDATION: It is recommended by the Planning and
Economic Development Department that the Council, by Resolution: 1)
waive the competitive selection procedures in Council Policy 600-01 in
the best interests of the City; and 2) approve the Third Amendment to
the Professional Services Agreement with Land Logistics, Inc. for plan
review services, extending the time of performance to March 31, 2019
and increasing compensation by $150,000 for a total amount not to
exceed $450,000.
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Attachments: Staff Report
Resolution
Exhibit A
Presentation
12.5 RESOLUTION - EXTENSION OF PROCLAMATION OF EXISTENCE
OF LOCAL EMERGENCY DUE TO FIRES
RECOMMENDATION: It is recommended by the City Attorney’s Office
that the Council, by resolution, declare that the proclamation of a state
of local emergency within the City of Santa Rosa has been and remains
in full force and effect without interruption.
Attachments: Resolution
12.6 RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL
HOMELESS EMERGENCY
RECOMMENDATION: It is recommended by the Housing and
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
13. PUBLIC COMMENT ON NON-AGENDA MATTERS
This is the time when any person may address the Council on matters not
listed on this agenda, but which are within the subject matter jurisdiction of
the Council. This public comment period will begin no earlier than 5:00 p.m.
and will be limited to ten speakers selected randomly by the Mayor. Each
speaker will be allowed three minutes. Speakers who do not have an
opportunity to speak during this time will be allowed to make public comment
under Agenda Item 17.
14. REPORT ITEMS - NONE.
15. PUBLIC HEARINGS
Public Hearing matters will begin no earlier than 5:00 p.m. or as soon
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thereafter as the matters are reached on the agenda.
15.1 PUBLIC HEARING - DISTRICT BASED CITY COUNCIL ELECTIONS:
REVIEW OF DRAFT MAPS AND COMPOSITION OF DISTRICTS
(CALIFORNIA VOTING RIGHTS ACT) - FOURTH OF SIX 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. In accordance with law,
the first two public hearings were held prior to the drafting of any
proposed district maps. These two initial public hearings, held on
February 6, 2018 and February 13, 2018, provided the public an
opportunity to provide input regarding the criteria for and composition of
voting districts, as well as the sequence of elections.
On March 6, 2018, proposed maps were posted for public review on the
City’s website. On March 13, 2018, Council held a public hearing to
provide the public an opportunity to comment on the proposed district
maps, to offer alternatives, and to weigh in on an appropriate
sequencing of elections.
On March 30, 2018, additional proposed maps will be posted for public
review on the City’s website. On April 3, 2018, Council is adding an
additional public hearing, the fourth of six, to provide the public an
opportunity to comment on the additional proposed district maps, to
offer alternatives, and to weigh in on an appropriate sequencing of
elections.
The final two public hearings regarding the proposed maps and
sequence of elections (the fifth and sixth in the series) will be held on
April 10th and April 17th. At the conclusion of the final public hearing, it
is anticipated that the City Council will adopt an ordinance establishing
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district-based elections.
RECOMMENDATION: It is recommended by the City Attorney that the
City Council hold a public hearing to receive comments from the
community regarding composition of new voting districts, draft maps,
and the sequencing of elections 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 1
Attachment 2 (Added 3/30/2018)
Attachment 3 (Added 3/30/2018)
Presentation
(THE COUNCIL MAY RECESS DURING THE EVENING FOR A DINNER BREAK)
15.2 PUBLIC HEARING - RESILIENT CITY DEVELOPMENT MEASURES
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. On October 9, 2017, the City Manager, in his
capacity as Director of Emergency Services, proclaimed the existence
of local emergency in the City, which proclamation was ratified by the
City Council on October 13, 2017. Prior to the wildfires, the Council
had identified “housing for all” as a priority due to the City’s ongoing,
unmet housing needs. As a result of both the devastation of the
wildfires and the previously existing significant shortage of housing, the
Council has stated the need for immediate measures to address both
housing and the rebuilding of uses such as lodging and childcare
facilities Citywide. The proposed Resilient City Development Measures
were prepared to facilitate these priorities. The draft ordinance was
unanimously recommended for approval, with minor changes, by the
Planning Commission on February 8, 2018.
RECOMMENDATION: It is recommended by the Planning Commission
and the Planning and Economic Development Department that the
Council introduce an ordinance amending Title 20 of the Santa Rosa
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City Code, adding Chapter 20-16, Resilient City Development
Measures, to address housing needs and economic development within
the City of Santa Rosa following the Tubbs and Nuns fires of October
2017.
Attachments: Staff Report
Attachment 1 - Proposed Ordinance with Planning Commission and Wate
Attachment 2 - Design Review Board Meeting Minutes, dated February 1,
Attachment 3 - Planning Commission Meeting Minutes, dated February 8,
Attachment 4 - Planning Commission Resolution No. 11878.pdf
Attachment 5 - Public Correspondence
Ordinance
Presentation
16. WRITTEN COMMUNICATIONS
16.1 LETTERS OF SUPPORT - Provided for information.
Attachments: Memo/Letters of Support
17. PUBLIC COMMENTS ON NON-AGENDA MATTERS
This is the time when any person may address the Council on matters not
listed on this agenda, but which are within the subject matter jurisdiction of
the Council. Each speaker will be allowed three minutes.
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
20. UPCOMING MEETINGS
This schedule is tentative and subject to change pending final publication and
posting of the City Council Meeting Agenda.
20.1 UPCOMING MEETINGS LIST
Attachments: Upcoming Meetings List
*Did not appear on the preliminary agenda.
**Quasi-judicial or adjudicative action.
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The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to, or treatment of or
employment in, its programs or activities. Disability-related aids or services, including printed information in alternate formats, to
enable persons with disabilities to participate in public meetings are available by contacting the City Clerk Office at 543-3015 or
cityclerk@srcity.org one week prior to the meeting. TDD 543-3063
Meeting information can also be accessed via the internet at http://srcity.org
Any writings or documents provided to a majority of the City Council prior to this meeting regarding any item on this agenda,
excluding closed session items, are available for public review in the City Clerk's Office, Room 10, City Hall, 100 Santa Rosa
Ave, during normal business hours.
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