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, July 7, 2020 2:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Schwedhelm called the meeting to order at 2:04 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 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT Daniel Glendenning submitted comment stating Council cease negotiations with the Police union, to hold the police accountable to the public, and in support to defund the police. Mayor Schwedhelm recessed the meeting to closed session at 2:06 p.m. to discuss Item 2.1 as listed on the agenda: 2.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Alan Alton, Interim Chief Financial Officer, Amy Reeve, Human Resources Director, Jeremia Mills, Employee Relations Manager and Jeff Berk, Chief Assistant City Attorney. Employee Organizations: Santa Rosa Firefighters Association - Local 1401 (representing City Employee Unit 2); Operating Engineers Local 3, Maintenance and Utility System Operators (Employee Units 3 and 16); Santa Rosa City Employees Association (Employee Units 4, 6, 7); Santa Rosa Police Officers Association, (Employee Unit 5); Service Employees International Union Local 1021, (Employee Units 8 and 14); Public Safety Management Association (Employee Unit 9); Executive Management (Employee Unit 10); Middle Management (Employee Unit City of Santa Rosa Regular Meeting Minutes Page 2 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 11); Confidential (Employee Unit 12); Mechanics (Employee Unit 13); City Attorney (Employee Unit 15); Santa Rosa City Attorneys’ Association (Employee Unit 17), Santa Rosa Management Association (Employee Unit 18). This item was received and filed. Mayor Schwedhelm adjourned closed session at 2:28 p.m. and reconvened to study session at 2:30 p.m. 2:30 P.M. (VIDEO CONFERENCE) 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 3. STUDY SESSION 3.1 REVIEW OF HOMELESS SERVICES PROGRAMMING Staff will provide a study session to review the City’s homeless services programming, including the following components: 1) existing programs; 2) programs related to COVID-19 emergency response; and 3) new programming concepts. Staff is seeking Council confirmation on workplan priorities, which will be covered during the presentation portion of this agenda item. Attachments: Staff Report Presentation REVISED Presentation (Uploaded 7-7-2020) Late Correspondence (Uploaded 07-13-2020) Kelli Kuykendall, Housing & Community Services Manager, and David Gouin, Housing & Community Services Director, presented and answered questions from Council. Mayor Schwedhelm recessed the meeting at 4:11 p.m. and reconvened at 4:25 p.m. ROLL CALL Present: 6 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, City of Santa Rosa Regular Meeting Minutes Page 3 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Council Member John Sawyer, and Council Member Richard Dowd Absent/Recused: 1 - Council Member Jack Tibbetts PUBLIC COMMENT: Adrienne Lauby, Co-founder of Homeless Action, spoke on attending a training with Dr. Robert Macy, the situation at Sonoma State University, urged the Council not to move the people parked at Corporate Center Parkway, and asked that a safe parking program be moved to a Tier 1 priority. John spoke on wanting to see metrics on how receptive the homeless population is to services, the increased criminal activity in his neighborhood by some of the homeless population, homeless services needing to be targeted to individuals who are actively striving for a better life and need help, and in support of a safe parking program. Jorge Inocencio spoke on Lewis Adult School not being used for a safe parking program due to being behind a residential neighborhood when other safe parking spaces are in other neighborhood, all districts should have safe parking spaces, and on the dangers of classifying people as vagrants. Patrick Rutten, Citizens Action Now, spoke on his concern of the randomness of where housing is being looked and being a political decision, the need to prioritize services for women and children, people aged 65 and older, veterans and wanting to see a faith based partnership. Colin Metcalfe spoke congratulating the Council on the work the City has done on a limited budget for the homeless population and for Council to consider looking into establishing a needle exchange program. Cindi Crowder spoke on the definition of homelessness, her City of Santa Rosa Regular Meeting Minutes Page 4 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 concern that the City is tolerating instead of ending homelessness; having special programs to deal with drug addiction, and having a legitimate RV parking program. Carla Wiking spoke on appreciating the lengths the Council and staff has been working on this issue; allocating police budget funds to go to services, asked how citizens can get involved to have the County be a better partner with this issue, for everyone to remember the homeless are humans, and asked what the plans are for mental health services. Natalie Anderson spoke on the prevalence of drug use in the homeless population and the economics of providing homes to the homeless. Melissa spoke on her concern of how the homeless population is being referred to by others, in support of the plan and the County needing to be partners with the City, and suggested the City provide dumpsters, garbage disposal and restrooms for the homeless to help them stay as hygienic as they can during the pandemic. Mayor Schwedhelm recessed the meeting at 4:50 p.m. and reconvened the meeting at 4:58 p.m. ROLL CALL Present: 6 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member John Sawyer, and Council Member Richard Dowd Absent/Recused: 1 - Council Member Jack Tibbetts PUBLIC COMMENT (continued) Eva Quiroz, Citizens for Action Now, spoke on her experience of being a former addict and being in recovery, in opposition to defund the police, in support of Redwood Gospel Mission helping the City of Santa Rosa Regular Meeting Minutes Page 5 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 homeless, and Corporate Center Parkway not being a safe space and needing to be cleaned up. Thomas Ells spoke on wanting to see parking structures and all facilities being used and in support of a safe parking program. Rex Green spoke thanking everyone for trying to help the homeless population and in support of a needle exchange program. Lisa Landrus spoke on the homeless population having challenges when moved into homes, the need to address the addiction rate in conjunction with housing, and having accountability for safe parking. Samra spoke on the funds needed to support homeless programs, addressing homelessness in conjunction with addiction, and having services at RV parks that help those with addiction. Katie Moore, Citizens for Action Now, spoke on the disjointed relationship between the City and County, this being an addiction and mental illness crisis, consider what are the mandating/reporting requirements for volunteers such as Homeless Action, SAVES, and receive funding. Emma spoke on the economic disparity in Sonoma County allowing people to fall through the cracks and echoed the interest on how to get involved on a county level. Lee spoke echoing the comments from previous speakers who pleaded for the care of the homeless population and the funds needing to come out of police budget. Resident1489 spoke in support of defunding the police. Talia Muldar submitted comment on supporting the homeless community and protecting the community. Ari submitted comment in support of a safe parking program, City of Santa Rosa Regular Meeting Minutes Page 6 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 showing compassion to those who do not want to participate, moving funds to Housing and Community Services, and the need for more needle exchange services. JoJo Saunders submitted comment in support for services for the homelessness, restoring shelter capacities, allocate resources to affordable housing, shelters, job training, and COVID-19 emergency response rather than street parking. Ripley submitted comment in support of increasing funding designated to housing and being discouraged to see police funding increase. Patrick O'Laughlin submitted comment on the need to make changes to the homelessness program with a focus on co-managed facilities and in support of RV parking. Arlie Haig submitted comment in support of a safe parking program. Denise Hill submitted comment on the increased homeless population that appear to be entrenched in drug addiction and mental illness and encouraged the Council and staff to partner with the County and other organizations to increase the number of programs, beds, and facilities that provide support for addicts and the mentally ill. Gregory Fearon submitted comment regarding the need to improve the ability of the unsheltered to sleep safely, retain their possessions, to be able to move toward stable and permanent housing, and on the disparities in the American social fabric. Eileen Bill submitted comment in support of safe parking programs. Council confirmed the workplan and provided direction to staff related to 24-hour parking, overnight parking, RV parking, the use of parks and the extent of scale they would like to see in the program. This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 7 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Mayor Schwedhelm recessed the meeting at 6:09 p.m. and reconvened the meeting at 6:25 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 Attorney Sue Gallagher reported Council met in closed session on Item 2.1 and gave direction to its labor negotiators. 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. No report was made. 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. · CARES Act transit relief and Clipper START update Rachel Ede, Deputy Director -Transit, presented information on CARES Act emergency relief fund, the Clipper Start means-based fare pilot program, and answered questions from Council. City Manager Sean McGlynn provided an update on the COVID-19 watch list and surge of infection in Sonoma County and reported the Sonoma County Health Officer has indicated the county is dangerously close to being added to the list, noting that if the county is added to the list, it could affect business activities for bars, indoor dining at restaurants, winery tasting rooms, movie theaters, card rooms, zoos, indoor museums, indoor entertainment centers for at City of Santa Rosa Regular Meeting Minutes Page 8 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 least three weeks and urged residents to follow the health order issued by Governor Newsom and the Sonoma County Public Health Officer. PUBLIC COMMENT Samra spoke on places of worship not adhering to the mask wearing mandate, the need for them to be inspected and educated to enforce the mandate, and for the City to make sure the Police are wearing masks before they enforce. This item was received and filed. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS No reports were made. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstentions were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Dowd reported on commitment participating w/srfd on action report, 6 proposals from various consultants. Council Member Rogers reported fill in at Sonoma Clean Power for funding evergreen enrollment; community action partnership community conversations on race series. Vice Mayor Fleming reported she continued to reach out to the public around civil unrest and that the Public Safety Subcommittee will be asking for feedback from the public on what makes the community safe. Mayor Schwedhelm thanked staff and community members who participated with him in the clean up of vandalism and graffiti in the downtown area. 10.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) City of Santa Rosa Regular Meeting Minutes Page 9 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 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 Public Safety Subcommittee Mayor Schwedhelm provided a brief report. 10.1.12 Other 11. APPROVAL OF MINUTES - NONE. 12. CONSENT ITEMS PUBLIC COMMENT Morgan Wren spoke on Item 12.3 and her concern the item is business as usual and the need for transparency on Police actions. Emma spoke on Item 12.3 and her concern on the lack of accountability; the history of race in Sonoma County; asked for a statement from the Santa Rosa Police condemning the violent acts of cars driving through protestors; and in support to defund the Police. City of Santa Rosa Regular Meeting Minutes Page 10 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Colin Metcalfe spoke on Item 12.3 and asked Council to delay voting in the agreement with the Police Labor Union. Charlotte spoke on Item 12.3 and asked Council to delay voting in the agreement with the Police Labor union and her concern the Police are not following the CDC mask guidelines. Samra spoke echoing Emma's comments, feeling the Police did not do their jobs and endangered the lives of others during the protests, and asked Council not to approve Item 12.3 Rex Green spoke in support of the people calling in to speak at the meeting and in support to defund the Police. Sean Jegesky spoke in opposition to Item 12.3 being approved by the Council. Soli spoke in opposition to Item 12.3 being approved; echoed the comments by other speakers who are in opposition to funding the Police; and that the negotiations with the Police Union need to be made public. Danielle Delario spoke stating most protestors want to see divestment from Police funds and investments made to the community, mental health, education, and a community policing service. JoJo Sanders submitted comment in support of Item 12.5. Anonymous submitted comment in opposition to Item 12.3; on the Police Officers not wearing masks during the protests; in support to defund police; and for Council to drop the charges against the protestors. Approval of the Consent Agenda A motion was made by Vice Mayor Fleming, seconded by Council Member Olivares, to waive reading of the text and adopt Consent Items 12.1, 12.2, 12.4, and 12.5. The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 11 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Tibbetts, Council Member Dowd, and Council Member Sawyer 12.1 RESOLUTION - REQUEST FOR AUTHORIZATION FOR SUBMITTAL OF HOUSING INCENTIVE POOL PROGRAM FOR DOWNTOWN HOUSING/OPERATIONS ENHANCEMENTS - FIBER OPTICS UPGRADE RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the City Council, by resolution: 1) authorize the filing of an application for federal Surface Transportation Program (STP)/Congestion Mitigation and Air Quality grant through the Metropolitan Transportation Commission One Bay Area Grant Program 2 (OBAG 2- Housing Incentive Pool Program) for the installation of high speed fiber to interconnect traffic signals in the downtown core providing an opportunity for private partnerships with internet providers for future use; 2) authorize the use of non-general funds (local utility impact fees and gas tax funds) to match the federal funds being requested; and 3) provide assurances that the City will complete the projects and appropriate federal funds into the projects. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-105 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE FILING OF AN APPLICATION FOR FEDERAL SURFACE TRANSPORTATION/ CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT FUNDING FOR THE DOWNTOWN HOUSING/OPERATIONS ENHANCEMENTS - FIBER OPTICS UPGRADE, COMMITTING THE LOCAL MATCH AND STATING THE ASSURANCE OF THE CITY TO COMPLETE THE PROJECT AND APPROPRIATING FEDERAL FUNDS INTO THE PROJECT 12.2 RESOLUTION - APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR WORKERS’ COMPENSATION THIRD-PARTY ADMINISTRATION RECOMMENDATION: It is recommended by the Finance Department, Risk Management Division that the Council, by resolution, approve a City of Santa Rosa Regular Meeting Minutes Page 12 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 first amendment to professional services agreement with LWP Claims Solutions, Inc., Mill Valley, CA for third party administrator services for an additional period of three years and adding compensation in the amount of $1,218,307.00 over three years and increasing the total not to exceed $2,363,627.00). Attachments: Staff Report Resolution Exhibit A Presentation RESOLUTION NO. RES-2020-106 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001424 WITH LWP CLAIMS SOLUTIONS, INC. FOR ADMINISTRATION OF THE CITY’S SELFINSURED WORKERS’ COMPENSATION CLAIMS PROGRAM RECOMMENDATION It is recommended by the Finance Department, Risk Management Division that the Council, by resolution, approve a first amendment to professional services agreement with LWP Claims Solutions, Inc., Mill Valley, CA for third party administrator services for an additional period of three years and adding compensation in the amount of $1,218,307.00 over three years and increasing the total not to exceed $2,363,627.00. 12.4 RESOLUTION - APPROVAL OF THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE SOUTHEAST GREENWAY COMMUNITY PARTNERS RECOMMENDATION: It is recommended by Real Estate Services that the Council, by resolution, approve the First Amendment to the Memorandum of Understanding between the California Department of Transportation and the Southeast Greenway Community Partnership regarding the transfer of rescinded State Route 12 land by Caltrans for the Santa Rosa Southeast Greenway Project, and authorize the Assistant City Manager overseeing the Operations Portfolio to execute the First Amendment to the Memorandum of Understanding. City of Santa Rosa Regular Meeting Minutes Page 13 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Attachments: Staff Report Attachment 1 - Map Attachment 2 - Letter of Intent Attachment 3 - MOU Resolution Exhibit A - First Amendment Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-108 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE SOUTHEAST GREENWAY COMMUNITY PARTNERS REGARDING THE PROPOSAL TO TRANSFER RESCINDED STATE ROUTE 12 LAND FOR THE SOUTHEAST GREENWAY PROJECT 12.5 RESOLUTION - APPROVAL OF GRANT AGREEMENT WITH CATHOLIC CHARITIES OF THE DIOCESE OF SANTA ROSA FOR PROVISION OF COVID-19 RELATED HOMELESS SERVICES RECOMMENDATION: It is recommended by the Housing and Community Services Department that Council, by resolution, approve a Grant Agreement with Catholic Charities of the Diocese of Santa Rosa for the provision of COVID-19 related homeless services, including the existing Non-Congregate Shelter Program and the Safe Social Distancing Program through July 31, 2020 in amount not-to-exceed $254,810, and delegating authority to the City Manager or his designee to amend the Agreement to extend the term for these or other similar COVID-19 related homeless services for up to six months with a total aggregate not-to-exceed amount of $1,528,860 where such amendments are in a form approved by the City Attorney’s Office. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2020-109 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A GRANT AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND CATHOLIC CHARITIES OF THE DIOCESE OF SANTA ROSA FOR THE PROVISION OF City of Santa Rosa Regular Meeting Minutes Page 14 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 COVID-19 RELATED HOMELESS SERVICES THROUGH JULY 31, 2020 IN AN AMOUNT NOT-TOEXCEED $254,810 AND APPROPRIATING A TOTAL AMOUNT NOT -TO- EXCEED $1,528,860 FOR THE AGREEMENT FROM GENERAL FUND UNASSIGNED RESERVES FOR UP TO SIX MONTHS 12.3 RESOLUTION - ADOPTION OF AN EXTENSION AGREEMENT EXTENDING THE MEMORANDUM OF UNDERSTANDING FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA’S UNIT 5 - POLICE OFFICERS, REPRESENTED BY THE SANTA ROSA POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2020 THROUGH DECEMBER 31, 2020 RECOMMENDATION: It is recommended by the Human Resources Department and the City Manager’s Office that the Council, by resolution, adopt the Extension Agreement Between the City of Santa Rosa and Santa Rosa Police Officers Association for and on Behalf of the Employees in the City’s Unit #5 - Police Officers, extending the Memorandum of Understanding by six months and effective July 1, 2020 through December 31, 2020. Attachments: Staff Report Resolution Exhibit A Presentation A motion was made by Vice Mayor Fleming, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Item 12.3 RESOLUTION NO. RES-2020-107 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING AN EXTENSION AGREEMENT EXTENDING THE MEMORANDUM OF UNDERSTANDING FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA 'S UNIT 5 - POLICE OFFICERS, REPRESENTED BY THE SANTA ROSA POLICE OFFICERS ASSOCIATION EFFECTIVE JULY 1, 2020 THROUGH DECEMBER 31, 2020 The motion carried by the following vote: Yes: 6 - Mayor Schwedhelm, Council Member Olivares, Council Member Rogers, Council Member Sawyer, Council Member Tibbetts, and Council Member Dowd No: 1 - Vice Mayor Fleming 13. PUBLIC COMMENT ON NON-AGENDA MATTERS City of Santa Rosa Regular Meeting Minutes Page 15 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Sean spoke on the current curfew in place, discovering Council Member Tibbetts is a member of Citizens for Action Now and the conflict of interest is creates, in support to defund the Police budget by 50%, and the Council to address the Black New Deal. Charlotte spoke in support to defund and disarm the Santa Rosa Police and to approve a budget to below the mandatory minimum established by Measure O. Samra spoke on being disappointed by the Council and the Mayor not condemning the actions of the Police during the protests. Lee spoke on the lack of acknowledgement and accountability from City leaders regarding the peaceful protest and on eyewitness accounts of people calling the police and being dismissed. Angel spoke on being homeless and not being a drug addict and in support to defund the Police. Thomas Ells spoke on participating in one of the early protests. Lisa Landrus spoke on her experience of interacting with the Police and finding them compassionate and treating people with dignity, in support of de-escalation tactics the civilian police academy. Colin Metcalf spoke on wanting to know why Council Member Tibbetts recused himself on Item 3.1. Rex Green spoke in support to defund the Police. Emm spoke echoing the comments by Rex Green and asked the Council to report on what they learned from previous the public comments. Mayor Schwedhelm recessed the meeting at 7:53 p.m and reconvened at 8:05 p.m. City of Santa Rosa Regular Meeting Minutes Page 16 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Present: 7 - Mayor Tom Schwedhelm, Vice Mayor Victoria Fleming, Council Member Ernesto Olivares, Council Member Chris Rogers, Council Member Jack Tibbetts, Council Member Richard Dowd, and Council Member John Sawyer 14. REPORT ITEMS 14.1 REPORT - URGENCY ORDINANCE ADDING CHAPTER 10-47 TO THE SANTA ROSA CITY CODE, TEMPORARY SICK LEAVE REQUIREMENTS FOR CERTAIN PRIVATE EMPLOYERS, WHICH WILL SUNSET ON DECEMBER 31, 2020 BACKGROUND: In response to the COVID-19 public health emergency and subsequent local, state and national emergency orders, which direct individuals to shelter in their place of residence, Congress enacted the Emergency Paid Sick Leave Act. This Act, part of the Families First Coronavirus Response Act, mandates that certain employers provide employees with 80 hours of paid sick leave for full time employees, prorated for part-time employees, to be used for any of a set list of COVID-19 related reasons, including child care. The Act does not apply to employers with more than 500 employees, it allows an exemption for businesses with less than 50 employees from providing the child care benefit, if that business is experiencing severe economic hardship, and it authorizes an employer to elect not to provide the benefit to employees who are health care providers or emergency responders. The proposed urgency ordinance adding Chapter 10-47 to the Santa Rosa City Code addresses some of these gaps in the Emergency Paid Sick Leave Act, and would apply to all employers, including those already subject to the Act, except government employers and the limited small employer exemption allowed under the Act. Like the Federal law, the ordinance will sunset on December 31, 2020. Under the City Charter, five affirmative votes are necessary to adopt an urgency ordinance. RECOMMENDATION: It is recommended that the Council adopt an urgency ordinance adding Chapter 10-47 to the Santa Rosa City Code to establish temporary sick leave requirements for certain private employers, which will sunset on December 31, 2020. City of Santa Rosa Regular Meeting Minutes Page 17 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Attachments: Staff Report Ordinance Ordinance_Revised (Redlined) Ordinance - Final Presentation Late Correspondence (Uploaded 7-13-2020) Raissa de la Rosa, Economic Development Division Manager, presented and answered questions from Council. Assistant City Attorney Jeff Berk was available to answer questions from Council. PUBLIC COMMENT Ron Taylor spoke in support for adopting the temporary sick leave urgency ordinance. Ever Flores-Deras spoke in support of permanent sick leave. Paul de Silva spoke in support for adopting the temporary sick leave urgency ordinance. Ananda Sweet, Santa Rosa Metro Chamber of Commerce, spoke asking Council to postpone adoption of the temporary sick leave urgency ordinance. Martin Bennett, Unite Here Local 2850 and North Bay Jobs for Justice, spoke in support for adopting the temporary sick leave urgency ordinance. Emily Conway, North Bay Labor Council, spoke in support for adopting the temporary sick leave urgency ordinance. Mary Sandberg spoke in support for adopting the temporary sick leave urgency ordinance. Hilary Zarate spoke in support for adopting the temporary sick leave urgency ordinance. Toni Ramirez spoke in support for adopting the temporary sick leave City of Santa Rosa Regular Meeting Minutes Page 18 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 urgency ordinance. Mike Cook spoke in opposition for the temporary sick leave urgency ordinance, his concern small business owners were not engaged in the discussion to discuss the effects it will have on their businesses and asked the Council to delay voting on the ordinance. Samra spoke in support for adopting the temporary sick leave urgency ordinance. Dennis Posikay submitted comment in support for adopting the temporary sick leave urgency ordinance. Abigail Zoger submitted comment in support for adopting the temporary sick leave urgency ordinance. Steven Kessler submitted comment in support for adopting the temporary sick leave urgency ordinance. Juanita Galibo, United Local 2850, submitted comment in support for adopting the temporary sick leave ordinance. Susan Hammond, Indivisible Sonoma County, submitted comment in support for adopting the temporary sick leave ordinance. T. Abraham, Hospital Council of Northern and Central California, submitted comment asking exemptions be made for hospitals and health care providers in the temporary sick leave ordinance and asked Council to delay action on the ordinance. Laura Neish submitted comment in support for adopting the temporary sick leave urgency ordinance. Chierci Heather submitted comment in support for adopting the temporary sick leave urgency ordinance. Laura Aspinall submitted comment in support for adopting the City of Santa Rosa Regular Meeting Minutes Page 19 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 temporary sick leave urgency ordinance. Debbie Sherman submitted comment in support for adopting the temporary sick leave urgency ordinance. Laura Gonzalez submitted comment in support for adopting the temporary sick leave urgency ordinance. Jessica Melvin submitted comment in support for adopting the temporary sick leave urgency ordinance. Eva Bilderbeck submitted comment in support for adopting the temporary sick leave urgency ordinance. Tahereh Mirzakazemi submitted comment in support for adopting the temporary sick leave urgency ordinance. John McHugh submitted comment in support for adopting the temporary sick leave urgency ordinance. Tarek Salaway, Senior V.P and Area Manager - Kaiser Permanente, submitted comment asking for exemptions for hospitals and health care systems in the temporary sick leave urgency ordinance. Mara, Director North Bay Jobs with Justice, spoke in support for adopting the temporary sick leave urgency ordinance. Jack Buckhorn, Exec. Director North Bay Labor Council, spoke in support for adopting the temporary sick leave urgency ordinance. Maddy Hirshfield, North Bay Labor Council, spoke in support for adopting the temporary sick leave urgency ordinance. Lid Fiekowsy, Labor Representative for Engineers & Scientists California Local 20, spoke in support for adopting the temporary sick leave urgency ordinance. A motion was made by Council Member Sawyer, seconded by Council City of Santa Rosa Regular Meeting Minutes Page 20 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Member Olivares, to waive reading of the text and adopt as amended ORDINANCE NO. ORD-2020-006 ENTITLED: URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 10-47 OF THE SANTA ROSA CITY CODE, TEMPORARY SICK-LEAVE REQUIREMENTS FOR CERTAIN PRIVATE EMPLOYERS, WHICH WILL SUNSET ON DECEMBER 31, 2020 The motion carried by the following vote: Yes: 7 - Mayor Schwedhelm, Vice Mayor Fleming, Council Member Olivares, Council Member Rogers, Council Member Tibbetts, Council Member Dowd, and Council Member Sawyer 15. PUBLIC HEARINGS - NONE. 16. WRITTEN COMMUNICATIONS - NONE. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS Jennifer LaPorta submitted comment in opposition to 5G small tower and create an urgency ordinance related to small cell towers. Dave Malador submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Dr. Ian A submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Dr. Joanna Meekay submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Ian White submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Tom LaPorta submitted comment on installing fiber optic in the city and submitted comment in opposition to 5G small tower. City of Santa Rosa Regular Meeting Minutes Page 21 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 Dianna Meekay submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Ari submitted comment in support of defunding the Police to below mandatory level mandated by Measure O and investing in community services. Katie John submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. Alex Krohn submitted comment in opposition to 5G small tower being installed on PG&E poles and city light poles and create an urgency ordinance to stop the construction of small cell towers and invest in fiber optic network. Jennifer Castello submitted comment in opposition to 5G small tower and create an urgency ordinance to stop the construction of small cell towers. JoJo Sanders submitted comment in opposition to Measure O and asked Council to overturn it and reallocating funds to support the community. Richard Void submitted in support of creating an urgency ordinance to stop the construction of small cell towers. Anonymous submitted comment in support of the Police department and opposition of defunding the Police. Tim Martin submitted comment in support of the Police department and opposition of defunding the Police. Monika Meekay submitted comment in opposition to 5G small tower in residential and school zones and implement a moratorium until the City of Santa Rosa Regular Meeting Minutes Page 22 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 City creates an urgency ordinance to stop the construction of small cell towers, invest in fiber optic network. Cassandra Cox submitted comment in support of defunding the Police to below mandatory level mandated by Measure O and investing in community services, drop charges against protestors. Martin Miller submitted in support of creating an urgency ordinance to stop the construction of small cell towers. Scott Wagner submitted comment about the cost for homeless, the villages, and safe parking and implement co-managed sites. Catherine Dodd submitted in support of creating an urgency ordinance to stop the construction of small cell towers. Martha Glaser submitted in support of creating an urgency ordinance to stop the construction of small cell towers. Amy Levin submitted comment in opposition to the roll out of 5G wireless towers/antennas and other future similar technologies to protect people, wildlife, property and privacy in Santa Rosa. Debbie Harlan submitted comment in opposition to the roll out of 5G wireless towers/antennas and other future similar technologies to protect people, wildlife, property and privacy in Santa Rosa. Megan Jerkovic submitted comment in opposition to the roll out of 5G wireless towers/antennas and other future similar technologies to protect people, wildlife, property and privacy in Santa Rosa. Laurel Green submitted comment that Santa Rosa must prioritize the prevention of small cell towers from being placed in residential neighborhoods, in the vicinity of schools, or within 1500 feet of each other. Andrea Kenner submitted comment urging Council to create a City of Santa Rosa Regular Meeting Minutes Page 23 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 comprehensive urgency ordinance to stop the construction of small cell towers until the telecommunications code can be updated to protect the residents of Santa Rosa from harmful radiation. Terri Moon submitted comment urging Council to stop the deployment and installation of small cell towers in Santa Rosa to protect the well being of community members and to implement a fiber optic network and infrastructure. Sarah Aminoff submitted comment asking Council to update the telecommunications code to allow the City to control placement of close-proximity 4/5G small cell towers and to invest in a fiber optic network and infrastructure. James McIntosh submitted comment for Council to create an updated telecommunications ordinance to protect the community from small cell towers being placed into residential neighborhoods, near schools and within 1500 feet of each other. Moshe Shafrir submitted comment on the health affects of 4/5G installations and electromagnetic fields and urged the Council to not allow more 4/5G antennas to be installed. Lin Marie deVincent submitted comment asking Council to deny current applications for small cell towers in residential or school zones until an updated telecommunications urgency ordinance is adopted. James submitted comment to reallocated funds from the Police budget to community focused programs that benefit the Latinx and indigenous populations in the city. 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 City of Santa Rosa Regular Meeting Minutes Page 24 of 24 City Council Regular Meeting Minutes - Final July 7, 2020 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List Approved on: February 2, 2021 /s/ Stephanie A. Williams, City Clerk