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, May 19, 2020 12:00 PM 1. CALL TO ORDER AND ROLL CALL Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION 3.1 REVIEW OF FISCAL YEAR 2020-21 O&M and CIP BUDGETS It is recommended by the City Manager and the Finance Department that the Council hold a Study Session to provide an opportunity for the City Council to receive information and ask questions relative to the General Fund’s financial stability and the proposed Fiscal Year (FY) 2020-21 Operations and Maintenance Budget and the Capital Improvement Program budget. No action is necessary. Attachments: Staff Report Presentation (Uploaded 5-16-2020) REVISED Presentation (Uploaded 5-18-2020) FINAL Presentation (Uploaded 5-19-2020) Late Correspondence (Uploaded 6-8-2020) City Manager Sean McGlynn provided opening comments and presentations were made by the following staff: Sean McGlynn, City Manager: Fiscal Year 2019/20 Unbudgeted Events Shelley Reilly, Budget & Financial Analyst Manger: FY 2020-21 Citywide Proposed Budget Overview, FY 2020-21 General Fund Proposed Budget Overview, and FTE Summary. Presentations were made by staff on the following Enterprise Funds: Kim Nadeau, Parking Manager: Parking City of Santa Rosa Regular Meeting Minutes Page 2 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Rachel Ede, Deputy Director Transit: Transit Jason Nutt, Assistant City Manager: Golf Course Kimberly Zunino, Deputy Director Water Administration, Water Department Presentations were made on the FY 2019-20 Operational Outlook: Goals & Priorities: City Manager Sean McGlynn City Attorney's Office: City Attorney Sue Gallagher Community Development & Engagement: Assistant City Manager David Guhin Operations & Transportation: Assistant City Manager Jason Nutt Fire Department: Fire Chief Tony Gossner Police Department: Police Chief Ray Navarro Internal Services: Interim Chief Financial Officer Alan Alton Assistant City Manager Jason Nutt presented the FY 2020/21 CIP Budget. Jennifer Burke, Water Director, presented the Water Department Enterprise Funds. Mayor Schwedhelm recessed the meeting at 2:00 p.m. and reconvened the meeting at 2:10 p.m. PUBLIC COMMENT Susan Hammond spoke on adopting measures to close loopholes and in support of the 14-day paid sick leave ordinance. Thea Hansel, Co-Chair of Southeast Greenway, asked Council to put the Greenway back in tiered level priorities. Marty Bennett spoke in support of Council approving the 14-day paid sick leave ordinance. Courtney Mulroy, HPEACE, representing physicians and nurses, spoke in support of the14-day paid sick leave ordinance. City of Santa Rosa Regular Meeting Minutes Page 3 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Laura Neish, 350 Bay Area, spoke in support of Council approving the 14-day paid sick leave and minimum wage increase ordinance. Duane De Witt spoke on the Council needing to have fiscal restraint for the City during the pandemic. David and Margaret MacPhail submitted comment in support of Council allocating $150,000 towards the Roseland Library. Margaret McCabe and Chandler Jordana, on behalf of the Secure Families Collaborative, submitted comment in support of continuing the contract in the amount of $50,000. Cynthia Denenholz, Santa Rosa Library Advisory Board, submitted comment in support of Council allocating $150,000 towards the Roseland Library. Catherine Martin submitted comment in support of Council allocating $150,000 towards the Roseland Library. Gail Ahlas submitted comment in support of Council allocating $150,000 towards the Roseland Library. Alex Shor submitted comment in support of Council allocating $150,000 towards the Roseland Library. Daniel Jenkins submitted comment in support of Council allocating $150,000 towards the Roseland Library. Toni Saunders submitted comment in support of Council allocating $150,000 towards the Roseland Library. Renee Riggs submitted comment in support of Council allocating $150,000 towards the Roseland Library. Bo Simons submitted comment in support of Council allocating City of Santa Rosa Regular Meeting Minutes Page 4 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 $150,000 towards the Roseland Library. Ray Holley, Ann Hammond, Reece Foxen, Karen Schneider, David Cahill, Vince Doherty, Sonoma County Library Commission, Patricia Kuta and Norma Doyle, Co-Founders, Roseland Library Coalition, Sara Ortiz, President, Sonoma County Library Foundation and Herman Hernandez, Latino Community Leader, submitted comment in support of Council allocating $150,000 towards the Roseland Library. This item was received and filed. Mayor Schwedhelm recessed the study session at 5:30 p.m. and reconvened to regular session at 5:40 p.m. 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Manager Sean McGlynn noted there was nothing further to report. 6. PROCLAMATIONS/PRESENTATIONS - NONE. 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. Assistant Fire Marshall Paul Lowenthal provided a brief update on weed abatement management programs. This item was received and filed. 7.2 COVID-19 RESPONSE UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. City of Santa Rosa Regular Meeting Minutes Page 5 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 This item was received and filed. 7.2.1 Project Finley Update David Gouin, Housing and Community Services Director, provided an brief update on the Safe Social Distancing Program at Finley Community Center. 7.2.2 Progress in Stage 2 City Manager Sean McGlynn provided an update on Covid-19 testing available for all Sonoma County residents, the Sonoma County orders to shelter in place remains in place, and that residents can go to srcity.org/preventthespread to get more information. PUBLIC COMMENT: Duane De Witt submitted comment on his concern that the steps the city has taken has cut the public out of the decision making process. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS None. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS Council Member Rogers announced he would be abstaining from Item 12.1 due to the grant being done in partnership with the organizations he works with. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Tibbetts requested an item be placed on a future agenda for Council to discuss access to working capital, a community foundation micro grant program to consider discussion on a loan program to help local businesses stay open. Council Member Rogers seconded. Council Member Tibbetts requested an item be placed on a future agenda for Council discussion on possible policies related to City of Santa Rosa Regular Meeting Minutes Page 6 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 COVID-19. Council Member Rogers seconded. 10.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 10.1.1 Council Subcommittee Reports 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 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Home Sonoma County (HSC) 10.1.10 Renewal Enterprise District (RED) 10.1.11 Other Mayor Schwedhelm provided a brief report on the Safe Social Distancing Program Community meeting. 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS APPROVAL OF CONSENT AGENDA A motion was made by Vice Mayor Fleming, seconded by Council Member Tibbetts, to waive reading of the text and adopt Consent Item 12.1. The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 7 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Yes: 6 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd Abstain: 1 - Council Member Rogers 12.1 RESOLUTION - REQUEST AUTHORIZATION TO SUBMIT A 2019 YOUTH REINVESTMENT GRANT PROGRAM APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS - (This item was moved from the March 17, 2020, cancelled regular meeting.) RECOMMENDATION: It is recommended by the Community Development and Engagement Portfolio that the Council, by resolution, 1) authorize the submission of the 2019 Youth Reinvestment Grant application to the Board of State and Community Corrections in the amount of $2,000,000 for the award period of July 1, 2020 - June 30, 2023, 2) approve a Grant Agreement with the Board of State and Community Corrections in a form approved by the City Attorney, 3) commit to satisfy matching fund requirements, and 4) delegate authority to the Assistant City Manager or their designee to submit the application and execute the Grant Agreement and any amendments that are in a form approved by the City Attorney. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-068 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING SUBMISSION OF THE 2019 YOUTH REINVESTMENT GRANT APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS FOR FUNDING OF $2,000,000 FOR THE AWARD PERIOD OF JULY 1, 2020 - JUNE 30, 2023, APPROVING A GRANT AGREEMENT, COMMITTING TO SATISFY MATCHING FUND REQUIREMENTS AND AUTHORIZING THE ASSISTANT CITY MANAGER OR DESIGNEE TO SUBMIT THE APPLICATION AND EXECUTE THE GRANT AGREEMENT AND ANY AMENDMENTS A motion was made by Vice Mayor Fleming, seconded by Council Member Tibbetts, to waive reading of the text and adopt Consent Items 12.2 through 12.11. The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 8 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 12.2 RESOLUTION - BID AWARD - PURCHASE ORDER FOR CHEVROLET 3500 SILVERADO LT CAB AND CHASSIS WITH 9FT CRANE BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments, that the Council, by resolution, approve a purchase order for three (3) 2021 Chevrolet 3500 Silverado LT Cab & Chassis with 9FT Crane Body (for Water Department) to Silveira GMC, Healdsburg, California, in an amount not to exceed $249,115.65. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-069 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR THREE (3) 2021 CHEVROLET 3500 SILVERADO LT CAB & CHASSIS WITH 9FT CRANE BODY (FOR WATER DEPARTMENT) TO SILVEIRA GMC, HEALDSBURG, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $249,115. 12.3 RESOLUTION - BID AWARD - PURCHASE ORDER FOR 2021 CHEVROLET 3500 SILVERADO CAB AND CHASSIS WITH 9FT UTILITY BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments that the Council, by resolution, approve a purchase order for five (5) 2021 Chevrolet 3500 Silverado Cab & Chassis with 9ft Utility Body (One (1) for Water Department and four (4) for TPW) to Silveira GMC, Healdsburg, California, in an amount not to exceed $228,072.45. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. City of Santa Rosa Regular Meeting Minutes Page 9 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 RESOLUTION NO. RES-2020-070 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR FIVE (5) 2021 CHEVROLET 3500 SILVERADO CAB & CHASSIS WITH 9FT UTILITY BODY (ONE (1) FOR WATER DEPARTMENT, AND FOUR (4) FOR TPW) TO SILVEIRA GMC, HEALDSBURG, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $228,072.45 12.4 RESOLUTION - BID AWARD - PURCHASE ORDER FOR 2020 FORD F-350 STANDARD CAB AND CHASSIS WITH 9FT UTILITY BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments that the Council, by resolution, approve a purchase order for two (2) 2020 Ford F-350 Standard Cab & Chassis with 9FT Utility Body (for Water Department) to Napa Ford-Lincoln, Napa, California, in an amount not to exceed $115,207.85. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-071 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR TWO (2) 2020 FORD F350 STANDARD CAB AND CHASSIS WITH 9FT UTILITY BODY (FOR WATER DEPARTMENT) TO NAPA FORD-LINCOLN, NAPA, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $115,207.85 12.5 RESOLUTION - BID AWARD - PURCHASE ORDER FOR 2020 FORD F-350 STANDARD CAB AND CHASSIS WITH 9FT UTILITY BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments that the Council, by resolution, approve a purchase order for three (3) 2020 Ford F-350 Standard Cab & Chassis with 9FT Utility Body (for Water Department) to Napa Ford-Lincoln, Napa, California, in the total amount not to exceed $140,136.50. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. City of Santa Rosa Regular Meeting Minutes Page 10 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 RESOLUTION NO. RES-2020-072 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR THREE (3) 2020 FORD F350 STANDARD CAB AND CHASSIS WITH 9FT UTILITY BODY (FOR WATER DEPARTMENT) TO NAPA FORD-LINCOLN, NAPA, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $140,136.50 12.6 RESOLUTION - BID AWARD - PURCHASE ORDER FOR 2020 FORD F450 EXTENDED CAB AND CHASSIS WITH STAKE DUMP BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments, that the Council by resolution, approve a purchase order for six (6) 2020 Ford F-450 Extended Cab & Chassis with Flatbed Stake Dump Body (for TPW) to Towne Ford, Redwood City, California, in an amount not to exceed $398,891.82. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-073 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR SIX (6) 2020 FORD F450 EXTENDED CAB AND CHASSIS WITH STAKE DUMP BODY (FOR TPW) TO TOWNE FORD, REDWOOD CITY, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $398,891.82 12.7 RESOLUTION - BID AWARD - PURCHASE ORDER FOR 2020 FORD F550 STANDARD CABS AND CHASSIS WITH 3-4 DUMP BODY RECOMMENDATION: It is recommended by the Transportation and Public Works and Finance Departments that the Council, by resolution, approve a purchase order for two (2) 2020 Ford F-550 Class 5 Standard Cab & Chassis with 9FT 3-4 Dump Body (for Water Department) to Towne Ford, Redwood City, California, in the total amount not to exceed $133.377.10. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-074 ENTITLED: RESOLUTION OF THE City of Santa Rosa Regular Meeting Minutes Page 11 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PURCHASE ORDER FOR TWO (2) 2020 FORD F550 STANDARD CABS AND CHASSIS WITH 9FT DUMP BODY (FOR WATER DEPARTMENT) TO TOWNE FORD, REDWOOD CITY, CALIFORNIA IN AN AMOUNT NOT TO EXCEED $133,377.10 12.8 RESOLUTION - APPROVAL OF PURCHASE ORDERS FOR VARIOUS HEAVY EQUIPMENT PURCHASES UNDER SOURCEWELL/NJPA COOPERATIVE AGREEMENTS RECOMMENDATION: It is recommended by the Transportation and Public Work and Finance Departments that the Council, by resolution, approve four purchase orders for various equipment through Sourcewell/National Joint Powers Alliance (NJPA) Cooperative Agreements for various heavy equipment in a total amount of $3,432,819.29 as follows: 1) Contract #032119-JDC to Pape Machinery, Rohnert Park, CA in the amount of $423,152; 2) Contract #032119-JDC to Nixon-Egli Equipment Company, Tracy, CA in the amount of $277,815.37; 3) Contract #052417-PBL to PB Loader Corp, Fresno, CA in the amount of $733,459; and 4) Contract #122017-AMI to Vac-Con Inc, Green Cove Springs, Florida, in the amount of $1,998,392.92. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-075 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING FOUR PURCHASE ORDERS FOR HEAVY EQUIPMENT THROUGH SOURCEWELL/NATIONAL JOINT POWERS ALLIANCE (NJPA) COOPERATIVE AGREEMENTS IN A TOTAL AMOUNT OF $3,432,819.29 12.9 RESOLUTION - FREE GARAGE PARKING BETWEEN 1:00 AM AND 6:00 AM RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution: 1) approve free parking at the five public garages, between 1 a.m. and 6 a.m.; 2) adopt the Schedule of Parking User Fees, attached as Exhibit A; and 3) approve a budget revision in City of Santa Rosa Regular Meeting Minutes Page 12 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 the amount of $51,516.00 for the First Amendment to the Weinstein Security contract. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-076 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING FREE PARKING AT THE FIVE PUBLIC GARAGES BETWEEN 1 AM AND 6 AM, ADOPTING A REVISED SCHEDULE OF PARKING USER FEES, AND APPROVING A BUDGET REVISION IN THE AMOUNT OF $51,516.00 12.10 RESOLUTION - APPROVAL OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH FREEBIRD DEVELOPMENT COMPANY, LLC AND ALLIED HOUSING, INC. FOR THE POTENTIAL LEASE AND DEVELOPMENT OF THE FORMER BENNETT VALLEY SENIOR CENTER COMPLEX, LOCATED AT 702 BENNETT VALLEY ROAD, SUBJECT TO APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE PROJECT RECOMMENDATION: It is recommended by the Housing and Community Services Department and Real Estate Services that the Council, by resolution; 1) approve an Exclusive Negotiation Agreement with Freebird Development Company, LLC and Allied Housing, Inc., the developer selected by Council in September 2019, for the potential lease and development of the former Bennett Valley Senior Center Complex at 702 Bennett Valley Road, subject to approval of a Disposition and Development Agreement for the project; 2) authorize the City Manager to execute the Exclusive Negotiation Agreement; and 3) direct staff to initiate negotiations to enter into a Disposition and Development Agreement for the site. Attachments: Staff Report Resolution Exhibit A - ENA with Exhibits Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-077 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN EXCLUSIVE City of Santa Rosa Regular Meeting Minutes Page 13 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 NEGOTIATION AGREEMENT WITH FREEBIRD DEVELOPMENT COMPANY, LLC AND ALLIED HOUSING, INC. FOR THE POTENTIAL LEASE AND DEVELOPMENT OF THE FORMER BENNETT VALLEY SENIOR CENTER COMPLEX LOCATED AT 702 BENNETT VALLEY ROAD, SUBJECT TO APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE PROJECT 12.11 RESOLUTION - COUNCIL RATIFICATION OF A BLANKET PURCHASE ORDER WITH HOTEL LA ROSE, INC. TO PROVIDE EMERGENCY ROOMS FOR FIRST RESPONDERS WHO NEED TO QUARANTINE DUE TO POTENTIAL EXPOSURE TO COVID-19 FROM 3/23/2020 THROUGH 5/22/2020 RECOMMENDATION: It is recommended by the Finance and Fire Departments that the Council, by resolution, ratify the amendment to the Blanket Purchase Order approved by the City Manager under emergency authority, with Hotel La Rose, Inc. of Healdsburg, CA, in a total amount not to exceed $197,668.40 to provide emergency hotel rooms in Santa Rosa for first responders who may need to quarantine due to potential exposure to COVID-19 from March 23, 2020 through May 22, 2020. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-078 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RATIFYING AN AMENDMENT TO A BLANKET PURCHASE ORDER WITH HOTEL LA ROSE, INC. OF HEALDSBURG, CA, FOR EMERGENCY HOTEL ROOM ACCESS IN SANTA ROSA FOR FIRST RESPONDERS DUE TO THE COVID-19 PANDEMIC FROM MARCH 23, 2020 THROUGH MAY 22, 2020 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Jack Buckhorn, CEO of the North Bay Building Trades Council, spoke in support of a 14-day paid sick leave in Sonoma County and asked that it be put on a future agenda. Will Lyon, President Santa Rosa Teachers Association, spoke asking Council not to delay the implementation of minimum wage City of Santa Rosa Regular Meeting Minutes Page 14 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 ordinance. JoAnne Fishman submitted comment in opposition to the Finley Social Distancing encampment being placed on the west side of Santa Rosa and offered suggestions for other locations where it can be placed. Sonja Bedford submitted comment in support of reopening the Finley Aquatic Center for water therapy classes. Michele Farley submitted comment on his concern of the process used to select Finley Center for the homeless encampment site and suggested using the Sonoma County Fairgrounds for the homeless. Marty Bennett, UNITE HERE Local 2850, submitted comment in support of the Council adopting a paid sick leave ordinance. Renee Riggs submitted comment in support of keeping the Southeast Greenway as a Tier 2 classification for Budget Year 2020-21. 14. REPORT ITEMS 14.1 REPORT - SUBMITTAL OF A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/2020 ACTION PLAN, ACCEPTANCE AND APPROPRIATION OF ADDITIONAL FUNDS ALLOCATED TO THE CITY OF SANTA ROSA UNDER THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT), AND ESTABLISH COVID-19 RENTAL ASSISTANCE PROGRAM BACKGROUND: The proposed action will authorize submittal of the Substantial Amendment to the Fiscal Year 2019/2020 Action Plan (Plan) to the U.S. Department of Housing & Urban Development (HUD) to reprogram existing federal funds to the City’s COVID-19 response; accept and appropriate additional Housing Opportunities for Persons with AIDS (HOPWA) funds in the amount of $65,180 and Community Development Block Grant - Coronavirus (CDBG-CV) funds in the amount of $859,608, as allocated to Santa Rosa under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act); and approve an City of Santa Rosa Regular Meeting Minutes Page 15 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 amendment to the City’s Grant Agreement with its HOPWA service provider for use of the allocated HOPWA funds. Approval of this action will allow rapid deployment of the City’s existing CDBG and new CDBG-CV funds for public services providing new and expanded support services associated with the COVID-19 response for low-income households, the City’s additional HOPWA allocation for enhanced HOPWA services, and the use of the City’s existing HOME funding for Rental Assistance to eligible households that are impacted by COVID-19. RECOMMENDATION: It is recommended by the Housing & Community Services Department that the Council, by resolution: (1) approve and authorize submittal of the Substantial Amendment to the Fiscal Year 2019/2020 Action Plan to reprogram Community Development Block Grant and Home Investment Partnership funds; (2) authorize the City Manager to execute all agreements and amendments to the City’s federal HOPWA and CDBG funds along with any additional documents required by HUD to implement the CARES Act funding; (3) authorize the Director of Housing & Community Services to execute an amendment to the 2019/2020 Grant Agreement for Housing Opportunities for Persons with AIDS (HOPWA) Funds with Face to Face to incorporate the additional CARES Act funding; (4) authorize the Director of Housing & Community Services to execute professional services and grant agreements required to carry out the public services needed to expend the Community Development Block Grant (CDBG) and Community Development Block Grant - Coronavirus (CDBG-CV) funds allocated for these services; and (5) appropriate additional Housing Opportunities for Persons with AIDS (HOPWA) funds in the amount of $65,180 and Community Development Block Grant - Coronavirus (CDBG-CV) funds in the amount of $859,608, both as allocated to Santa Rosa under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Attachments: Staff Report Attachment 1 - Correspondence Resolution Exhibit A Exhibit B Presentation Megan Basinger, Housing & Community Services Manager and Rebecca Lane, Housing & Community Services Manager, presented and answered questions from the Council. City of Santa Rosa Regular Meeting Minutes Page 16 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 PUBLIC COMMENT M. Bennett spoke in support of the Action Plan. Jorge Inocencio spoke in support of the Action Plan. Rachel Marcus spoke in support the Action Plan and forgiving rents for the months of March, April, and May. Nichole Perry submitted comment in support of a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Michael Standford submitted comment in support of a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Larry Morgantini submitted comment in support of the Action Plan. Sharon Beckman submitted comment in support of the Action Plan. Jacala Kinney submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Bruce Berkowitz submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Jason Kishineff submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Patrick and Maryanne Michaels submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. City of Santa Rosa Regular Meeting Minutes Page 17 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Ruth Witchey submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. Roseann Day submitted comment in support of the Action Plan and a rental assistance program tied with rent and mortgage forgiveness for the months of March, April, and May. A motion was made by Council Member Olivares, seconded by Council Member Sawyer, to waive reading of the text and adopt RESOLUTION NO. RES-2020-079 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING SUBMITTAL OF A SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019/2020 ACTION PLAN AND ACCEPTANCE AND APPROPRIATION OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS FUNDS ALLOCATED UNDER THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (CARES ACT), AND ESTABLISH COVID-19 RENTAL ASSISTANCE PROGRAM The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd Mayor Schwedhelm recessed the meeting at 7:03 p.m. and reconvened the meeting at 7:15 p.m. Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, Council Member Jack Tibbetts, and Council Member Richard Dowd 14.2 REPORT - CONSIDERATION OF AMENDMENT BY ORDINANCE OF THE IMPLEMENTATION DATE AND MODIFICATION OF THE ADJUSTMENT DATES FOR INCREASES OF THE CITY OF SANTA ROSA MINIMUM WAGE CHAPTER 10-45 OF THE SANTA ROSA CITY CODE IN RESPONSE TO IMPACTS TO BUSINESSES CAUSED BY COVID-19 BACKGROUND: In response to the economic distress caused by the City of Santa Rosa Regular Meeting Minutes Page 18 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 COVID-19 pandemic, the City’s Economic Recovery Taskforce identified implementation of Santa Rosa’s new minimum wage ordinance as a potential issue to address. Two options are presented to Council for consideration: a) take no action, leaving the minimum wage implementation date as July 1, 2020; b) delay implementation by six months via an urgency ordinance requiring five votes to approve. The Economic Recovery Task force reviewed and discussed this issue and ultimately recommended no action. Pursuant to request, staff has prepared a draft ordinance for the Council’s consideration. The draft ordinance proposes to delay the July 1, 2020, implementation of Santa Rosa’s localized minimum wage standards and adjust the subsequent increase for small businesses by six months each. Specifically, the implementation date for a $15.00 large business minimum wage and a $14.00 small business minimum wage would move to January 1, 2021. Thereafter, the small business minimum wage would adjust to $15.00 per hour on July 1, 2021. These adjustments would be in keeping with the staggered increases in the original ordinance and are designed in a manner to gain parity with regional jurisdictions that have already implemented an expedited minimum wage ordinance. To give employers and the California Labor Commissioner sufficient notice of this change, if the Council decides to move forward with an amendment, timing dictates this option be presented as an urgency ordinance. RECOMMENDATION: It is recommended that the Council consider whether to (a) maintain the current implementation date of the minimum wage requirements of City Code Chapter 10-45 (currently set for July 1, 2020); or (b) by urgency ordinance, delay the implementation date of Minimum Wage requirements by six months. Attachments: Staff Report Attachment 1 - ORD-2019-014 Attachment 2 - 10-45.030 Redline - Minimum Wage Amended Implementation Ordinance (Urgency) Presentation Late Correspondence (Uploaded 6-8-2020) Presented by Raissa De La Rosa, Economic Development Division Manager. PUBLIC COMMENT City of Santa Rosa Regular Meeting Minutes Page 19 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Ever Flores-Deras, President of Healdsburg Teachers Associations, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Brian Ling, Sonoma County Alliance, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Patricia Sabo, Chair of the Sonoma County Democratic Party, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Susan Shaw, Co-Founder of Sonoma County United in Crisis and Director of North Bay Organizing Project, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Marty Bennett spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Christy Lubin, Director of Graton Day Labor Center, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Mara Ventura, Executive Director of North Bay Jobs with Justice, spoke in support of the Council not delaying the adoption of the minimum wage increase ordinance. Jack Osborne submitted comment in opposition to the minimum wage increase ordinance. Kim Caldewey submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Dennis Pocekay submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. City of Santa Rosa Regular Meeting Minutes Page 20 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Karen Kellam submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Sabra Briere, on behalf of the Indivisible Sonoma County Advisory Board, submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Jack Wikse submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Christine Hoex submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Gene and Jodi Hottel submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Anita Rich submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Debbie McKay, on behalf of the League of Women Voters, submitted comment in support of implementing the minimum wage ordinance. Mike Turgeon, Friends of the Climate Action Plan, submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Fred Allebach, submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. Debra Avanche, submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance and in support of the paid sick leave ordinance. Jasmine Rattanpal, submitted comment in opposition to the implementation of the minimum wage increase ordinance noting that it will threaten the livelihood of small business owners. City of Santa Rosa Regular Meeting Minutes Page 21 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Michael Stanford submitted comment in support of the Council not delaying the adoption of the minimum wage increase ordinance. A motion was made by Council Member Sawyer, seconded by Vice Mayor Fleming, to take no action. The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 14.3 REPORT - URGENCY ORDINANCE - SUSPENSION OF LATE FEES AND PENALTIES FOR OVERDUE TRANSIENT OCCUPANCY TAX AND SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA PAYMENTS BACKGROUND: The City collects Transient Occupancy Tax (TOT) and two Tourism Business Improvement Area (TBIA) assessments from lodging establishments operating within Santa Rosa city limits. The two TBIA assessments collected are a two percent (2%) Sonoma County TBIA which the City passes directly to the County for Sonoma County Tourism use, and a three percent (3%) Santa Rosa TBIA (SRTBIA) which supports Santa Rosa specific tourism efforts performed by the Santa Rosa Metro Chamber and the City’s Economic Development Division. The program proposed in the urgency ordinance will suspend late fees and penalties associated only with the TOT and the Santa Rosa TBIA and will not address the County’s TBIA payments. The tax and assessment are imposed on hotel, motel, and short-term rental customers lodging within City limits. These establishments collect the tax and assessment on behalf of the City and remit payment on a quarterly basis, due at the end of the month following the end of a quarter. Approximately seven establishments pay monthly, under an arrangement with the City’s Revenue Division. Late payments are subject to late fees and interest penalties. The late fee is equal to 10% of the TOT amount, and the interest penalty is one-half of one percent per month on the initial tax owed, minus the late fee, until the overdue tax is paid. Similar late fees and interest penalties are in place for the SRTBIA. City of Santa Rosa Regular Meeting Minutes Page 22 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 Since TOT and SRTBIA are a local tax and assessment, the City Council has the authority to suspend the accrual and collection of late fees and interest penalties. The Council has authority to adopt an urgency ordinance by a five-seventh vote pursuant to Section 8 of the Santa Rosa City Charter and Government Code section 36937(b) if necessary to preserve the public peace, health or safety if such ordinance contains the reasons for its urgency. Given that the financial impact of the COVID-19 pandemic has been immediate and severe and that quick action would provide needed flexibility with cash flow and certainty for planning purposes, staff proposes that the Council act by urgency ordinance to provide immediate relief to this especially hard-hit sector. RECOMMENDATION: It is recommended by the Finance Department and the Planning and Economic Development Department that Council, by urgency ordinance, authorize the City’s tax collector to suspend the accrual and collection of late fees and penalties for overdue Transient Occupancy Tax (TOT) and Santa Rosa Tourism Business Improvement Area (SRTBIA) assessments received for stays during April 2020, May 2020 and June 2020, until October 31, 2020. Attachments: Staff Report Ordinance (Urgency) Presentation Alan Alton, Interim Chief Financial Officer, presented and answered questions from Council. PUBLIC COMMENT - None. A motion was made by Council Member Rogers, seconded by Council Member Tibbetts, to waive reading of the text and adopt ORDINANCE NO. ORD-2020-005 ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA SUSPENDING PORTIONS OF SECTIONS 3-28.110 AND 6-56.330 OF THE SANTA ROSA CITY CODE, IMPLEMENTING LATE FEES AND INTEREST PENALTIES FOR TRANSIENT OCCUPANCY TAX AND SANTA ROSA TOURISM BUSINESS IMPROVEMENT AREA ASSESSMENTS FOR STAYS DURING APRIL 2020, MAY 2020, AND JUNE 2020 UNTIL OCTOBER 31, 2020, IN RESPONSE TO IMPACTS TO BUSINESSES CAUSED BY COVID-19 City of Santa Rosa Regular Meeting Minutes Page 23 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd 15. PUBLIC HEARINGS - NONE. 16. WRITTEN COMMUNICATIONS - NONE. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Alex Krohn submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Rachel Andreas submitted comment asking Council to adopt an emergency ordinance prohibiting installation of 5G and small cell towers in residential zones. Katya Miller submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Paul Shabracq submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Jack Osburn submitted comment regarding the statistics of the COVID-19. Kim Schroeder submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Roberta Godby-Tipp submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Duane De Witt submitted comment thanking staff who cleaned up City of Santa Rosa Regular Meeting Minutes Page 24 of 24 City Council Regular Meeting Minutes - Final May 19, 2020 graffiti in Southwest Community Park and asked for more law enforcement in the Roseland area. Sidnee Cox submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. Martin Miller submitted comment asking Council to adopt an emergency ordinance prohibiting installation of small cell towers in residential zones. 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 Schwedhelm adjourned the meeting at 8:28 p.m. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. Approved on: October 27, 2020 /s/ Stephanie A. Williams, City Clerk