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 25, 2021 1:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor Rogers called the meeting to order at 1:03 p.m. Present: 4 - Mayor Chris Rogers, Council Member Victoria Fleming, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 3 - Vice Mayor Natalie Rogers, Council Member Eddie Alvarez, and Council Member Jack Tibbetts Council Member Alvarez joined the meeting just after roll call at 1:04 p.m. 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT Duane De Witt submitted comment on Item 2.1 and suggested using qualified staff to step in until the City can find a qualified candidate for his replacement rather than hiring an interim City Manager. Mayor Rogers recessed the meeting to closed session to discuss Items 2.1 through *2.6 as listed on the agenda. 2.1 PUBLIC EMPLOYMENT (Government Code section 54957) Title: City Manager This item was received and filed. 2.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Jan Mazyck, 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 City of Santa Rosa Regular Meeting Minutes Page 2 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 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 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. 2.3 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: Nicholle Vannucci, et al. v. County of Sonoma, et al. Court Case No. USDC Northern District of California Case No. 3:18-cv-01955-VC This item was received and filed. 2.4 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 410 B Street (Parking Lot 2) APN 010-045-025 Agency Negotiator: Jill Scott, Real Property Manager Negotiating Parties: Cornerstone Properties, LLC Under Negotiations: Price and terms of sale This item was received and filed. 2.5 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 741 3rd street and 758 4th street APN’s APN 009-014-016, 009-014-017 & 009-072-044 Agency Negotiator: Jill Scott, Real Property Manager Negotiating Parties: County of Sonoma Under Negotiations: Price and terms of sale City of Santa Rosa Regular Meeting Minutes Page 3 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 This item was received and filed. *2.6 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: County of Sonoma, City of Santa Rosa, et al. v. Pacific Gas and Electric Company, et al. Sonoma County Superior Court Case No. SCV-26739 This item was received and filed. Mayor Rogers adjourned closed session at 4:08 p.m. and reconvened to the regular session at 4:16 p.m. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL Present: 7 - Mayor Chris Rogers, Vice Mayor Natalie Rogers, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member John Sawyer, Council Member Tom Schwedhelm, and Council Member Jack Tibbetts 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Sue Gallagher announced Council met on: Items 2.1 through 2.2, heard reports and gave direction to staff; Item 2.3, heard the report and gave direction to legal counsel; Items 2.4 through 2.5, heard reports and gave direction to negotiator; and Item 2.6, heard the report and gave direction to legal counsel. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - NATIONAL WILDFIRE AWARENESS MONTH Attachments: Proclamation Council Member Fleming read the proclamation. 7. STAFF BRIEFINGS PUBLIC COMMENT - NONE. 7.1 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 4 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 No report was provided. 7.2 COMMUNITY EMPOWERMENT PLAN UPDATE This will be a standing item on the agenda. No action will be taken except for possible direction to staff. Magali Telles, Deputy Director Community Engagement, provided an update on the Mary-Lou low rider patrol car project, the Multi-Cultural Roots projects which will collaborate with Sonoma County Museum to further extend the project to more community members, the launch of the digital outreach called Let's Engage SR, and the start of the Santa Rosa Wildfire Ready series. 7.3 GLASS FIRE RECOVERY UPDATE Staff will provide an update on the Glass Fire Recovery. No action will be taken except for possible direction to staff. Paul Lowenthal, Assistant Fire Marshal, provided an update that all of the private debris removal are either completed or underway, the public debris removal process is progressing, on projects related to restoring normalcy for the community, and in light of the National Wildfire Awareness Month, directed the community to the new website at srcity.org/wildfireready for more information on wildfire awareness and other preparedness resources. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS 8.1 QUARTERLY REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 within the fourth quarter of 2020 and first quarter of 2021 (10/01/2020 - 03/31/2021) as well as provide a summary of pending litigation against the City. Attachments: Memorandum re Quarterly Report 3rd Qtr 2020.docx Exhibit A-C City Attorney Sue Gallagher, provided the quarterly report of settlements for the 1st quarter of 2021, and a brief report on current litigation. City of Santa Rosa Regular Meeting Minutes Page 5 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 City Manager Sean McGlynn provided a brief thank you to the City Council, the community, and his colleagues for the opportunity over the last seven years in serving the city. Councilmembers provided comments of appreciation and gratitude for City Manager McGlynn, especially under extreme circumstances such as the Tubbs Fire, and wishes of good luck in Escondido. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Tibbetts reported that he received concerns from the Downtown Action Subcommittee around parking garages reinitiating fees and requested extending free parking in garages to December 2021 to allow business who are just reopening. Council Member Sawyer heard the same concerns. Council Member Fleming reported that Congressman Thompson visited Fire Station 5 on Newgate Avenue and presented a check of $33.9 million which was allocated to the City of Santa Rosa to support the unmet needs due to damage caused during the 2017 wildfires. Mayor Rogers noted that approval for funding received at today's ceremony was awarded three years ago and that it is important to understand that point in future planning of one-time monies from FEMA. Mayor Rogers also reported on a recent Mayor's and Council Member's Legislative meeting where it was announced that a number of bills being discussed have died during the recent budget hearings, and that members have new limits on how many bills they can present annually. City of Santa Rosa Regular Meeting Minutes Page 6 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 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)) Council Member Sawyer provided a brief report. 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 10.1.12 Other PUBLIC COMMENT - NONE. 11. APPROVAL OF MINUTES PUBLIC COMMENT No public comment was made or submitted. 11.1 December 15, 2020, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS City of Santa Rosa Regular Meeting Minutes Page 7 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 City Attorney Sue Gallagher informed Council that Consent Items 12.10, 12.11 and 12.12 were added after the publication of the preliminary agenda and requested that City Council find good cause due to exceptional circumstances beyond the control of the City Council, to consider and to take action on these items. PUBLIC COMMENT Duane De Witt submitted comment on *Items 12.10 and Item *12.11. A motion was made by Vice Mayor Rogers, seconded by Council Member Tibbetts, to approve findings of Good Cause to add Item 12.10 to the Consent calendar. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to approve findings of Good Cause to add Items 12.11 and 12.12 to the Consent calendar. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts Approval of the Consent Agenda A motion was made by Vice Mayor Rogers, seconded by Council Member Sawyer, to waive reading of the text and adopt Consent Items 12.1-*12.12. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts 12.1 RESOLUTION - RESCINDING RESOLUTION NO. RES-2020-139 AND ADOPTING A REVISED RESOLUTION AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY SERVICES OR DESIGNEE TO ENTER INTO AGREEMENTS AND EXECUTE OTHER DOCUMENTS WITH CALIFORNIA HOUSING AND COMMUNITY City of Santa Rosa Regular Meeting Minutes Page 8 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 DEVELOPMENT (HCD) FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council by two resolutions: 1) rescind Resolution No. RES-2020-139, which specifically authorized David E. Gouin, the former Director of Housing and Community Services, to enter into agreements and any necessary program documents with California Housing and Community Development for the Permanent Local Housing Allocation program; and 2) adopt a new resolution to replace Resolution No. RES-2020-139 in order to remove the former director’s name and instead give authority to the Director of Housing and Community Services, or designee. Attachments: Staff Report Attachment 1 - Redlined Revision to RES-2020-139 Resolution 1 - Rescinding RES-2020-139 Resolution 2 - Revised Resolution Exhibit A - PHLA Plan Presentation These Consent - Resolutions were adopted. RESOLUTION NO. RES-2021-074 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RESCINDING RESOLUTION NO. RES-2020-139 TO CORRECT THE POSITION(S) AUTHORIZED TO EXECUTE PLHA PROGRAM APPLICATION, PLHA STANDARD AGREEMENT AND ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS THERETO RESOLUTION NO. RES-2021-075 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR UP TO $4,165,950 OVER FIVE YEARS FROM THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM, AUTHORIZATION FOR THE DIRECTOR OF HOUSING AND COMMUNITY SERVICES TO EXECUTE THE NECESSARY DOCUMENTS AND STANDARD AGREEMENT, AND ADOPTION OF THE PERMANENT LOCAL HOUSING ALLOCATION PLAN [REPLACING RESOLUTION RES-2020-139] 12.2 MOTION - SECOND AMENDMENT AND THIRD AMENDMENT TO PROJECT WORK ORDER APPROVAL - GHD INC. FOR DESIGN PHASE SERVICES ASSOCIATED WITH THE FULTON ROAD City of Santa Rosa Regular Meeting Minutes Page 9 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 WIDENING PROJECT BETWEEN GUERNEVILLE ROAD AND PINER ROAD RECOMMENDATION: It is recommended by the Transportation and Public Works Department that Council, by motion, approve Amendment No. 2 (A010145-2016-14B) and Amendment No. 3 (A010145-2016-14C) to Project Work Order A010145-2016-14, with GHD Inc. of Santa Rosa, California, to update the construction documents for the use of roller compacted concrete and to provide engineering support during construction for the Fulton Road Widening Project between Guerneville Road and Piner Road, increasing the contract amount by $1,254,704.00 for a total amount not to exceed $3,091,903.00. Attachments: Staff Report Attachment 1 - Location Map Attachment 2 - Amendment 2 Attachment 3 - Amendment 3 Presentation This Consent - Motion was approved. 12.3 RESOLUTION - RESCINDING RESOLUTION RES-2021-041 AND ADOPTING A REVISED RESOLUTION AUTHORIZING A REQUEST FOR LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) ANNUAL FORMULA ALLOCATION FUNDING FOR FY 2020-21, TO INCLUDE A REVISED FUNDING AMOUNT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by two resolutions: 1) rescind Resolution No. RES-2021-041, which authorized the Director of Transportation and Public Works or designee to request Low Carbon Transit Operations Program funds to assist in purchasing a battery electric bus, execute the certifications and assurances documents; for the Mayor to execute the authorized agent form; and for the Chief Financial Officer to increase appropriations in revenue and expenditures by the approved grant award; and 2) adopt a revised resolution to replace Resolution No. RES-2021-041 that includes all the same operative provisions, but also contains the revised allocation funding amount, as required by the Department of Transportation. City of Santa Rosa Regular Meeting Minutes Page 10 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 Attachments: Staff Report Attachment 1 - Redline Revisions to RES-2021-041 Resolution 1 - Rescinding RES-2021-041 Resolution 2 - Revised Resolution Exhibit A - Certification and Assurances Exhibit B - Authorized Agent Form Presentation These Consent - Resolutions were adopted. RESOLUTION NO. RES-2021-076 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA RESCINDING RESOLUTION NO. RES-2021-041 RESOLUTION NO. RES-2021-077 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING A REQUEST FOR $210,636 IN LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FUNDS FOR FY 2020-21; AUTHORIZING THE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS TO EXECUTE THE CERTIFICATIONS AN ASSURANCES; AND AUTHORIZING THE MAYOR TO EXECUTE THE AUTHORIZED AGENT FORM 12.4 RESOLUTION - FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001802 WITH AMERICAN MEDICAL RESPONSE WEST FOR BLOOD DRAW SERVICES RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution, approve the First Amendment to Professional Services Agreement Number F001802 with American Medical Response West to increase the compensation by $85,000, for a total not to exceed $160,000, and extend the time of performance to June 30, 2024. Attachments: Staff Report Resolution Exhibit A - First Amendment Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-078 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001802 WITH AMERICAN MEDICAL RESPONSE WEST FOR BLOOD DRAW SERVICES City of Santa Rosa Regular Meeting Minutes Page 11 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 12.5 RESOLUTION - FIRST AMENDMENT TO F001986 WALKER PARKING CONSULTANTS/ENGINEERS, INC. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve a First Amendment to Professional Services Agreement Number F001986 with Walker Parking Consultants/Engineers, Inc., to revise the Scope of Services and increase compensation by $28,530.00, for a total amount not to exceed $126,530.00. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-079 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001986 WALKER PARKING CONSULTANTS/ENGINEERS, INC. 12.6 RESOLUTION - APPROVAL OF FOURTH AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F001746 WITH ENVIRONMENTAL LOGISTICS, INC. RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve the Fourth Amendment to General Services Agreement Number F001746 for a one-year extension and increase compensation by $300,000 for the collection, transport, treatment, proper disposal and recycling of hazardous materials and waste management services both routine and emergent with Environmental Logistics, Inc., Hayward, California, in a total amount not to exceed $697,000. Attachments: Staff Report Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-080 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FOURTH AMENDMENT TO THE GENERAL SERVICES AGREEMENT NUMBER City of Santa Rosa Regular Meeting Minutes Page 12 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 F001746 WITH ENVIRONMENTAL LOGISTIC, INC. 12.7 RESOLUTION - GRANTING TOW FRANCHISE TO ONE ADDITIONAL TOW VENDOR, GABA CORP, FOR POLICE GENERATED TOW OPERATIONS RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) grant a police generated vehicle tow franchise to tow operator Gaba Corp pursuant to Chapter 6-84 of the Santa Rosa City Code for police-generated tow operations; 2) authorize a tow agreement with Gaba Corp in substantially the form of Exhibit A to the resolution, subject to approval as to form by the City Attorney; and 3) authorize the Chief of Police or designee to execute the tow agreement. Attachments: Staff Report Resolution Exhibit A - Franchise Tow Agreement and LIst Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-081 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING TO FRANCHISE TO AND AUTHORIZING FRANCHISE AGREEMENT WITH ONE ADDITIONAL TOW VENDOR, GABA CORP, FOR POLICE-GENERATED TOW OPERATIONS 12.8 RESOLUTION - CALTIP UPDATED JOINT POWERS AGREEMENT RECOMMENDATION: It is recommended by the Transportation and Public Works Department, that the Council, by resolution, authorize the City Manager or their designee to execute the Amended and Restated Joint Powers Authority Agreement with California Transit Systems Joint Powers Authority (CalTIP). Attachments: Staff Report Resolution Exhibit A - JPA 2019 and Bylaws Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-082 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE AMENDED AND RESTATED JOINT POWERS AUTHORITY AGREEMENT FORMING City of Santa Rosa Regular Meeting Minutes Page 13 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 THE CALIFORNIA TRANSIT SYSTEMS JOINT POWERS AUTHORITY 12.9 RESOLUTION - APPROVAL OF THIRD AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F001647 WITH ADT COMMERCIAL LLC RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve the Third Amendment to General Services Agreement Number F001647 for inspection, maintenance, and repair services to maintain the operational functionality of fire suppression systems and their appurtenances, with ADT Commercial LLC, Fremont, California, to extend the Agreement one-year with no increase in unit cost, add service locations, and increase compensation in the amount of $125,000, for a total not to exceed amount of $518,144. Attachments: Staff Report Resolution Exhibit A- Third Amendment Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-083 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE THIRD AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F001647 WITH ADT COMMERCIAL LLC *12.10 RESOLUTION - APPROVAL OF A RESOLUTION OF THE SANTA ROSA CITY COUNCIL DECLARING THE SALE OF PROPERTY LOCATED AT 521 FIFTH STREET, APN 010-045-025, TO CORNERSTONE PROPERTIES TO BE EXEMPT FROM THE PROVISIONS OF THE SURPLUS LANDS ACT ENACTED BY AB 1486 (2019) RECOMMENDATION: It is recommended by Real Estate Services that Council: 1) by motion, find good cause, under the Early Agenda Policy and the Open Government Ordinance, to consider this item, notwithstanding that the item did not appear on the preliminary agenda; and 2) by resolution, declare the sale of property located at 521 Fifth Street, APN 010-045-025, l to Cornerstone Properties to be exempt from the new provisions of the Surplus Lands Act enacted by AB 1486, and direct the City Manager to submit the resolution to the California City of Santa Rosa Regular Meeting Minutes Page 14 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 Department of Housing and Community Development (“HCD”) in accordance with Section 400(e) of HCD’s Surplus Lands Act Guidelines. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-084 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DECLARING THE SALE OF PROPERTY LOCATED AT 521 FIFTH STREET TO CORNERSTONE PROPERTIES TO BE EXEMPT FROM THE PROVISIONS OF THE SURPLUS LANDS ACT ENACTED BY AB 1486 (2019) *12.11 RESOLUTION - RESOLUTION APPROVING AN AT WILL EMPLOYMENT AGREEMENT WITH INTERIM CITY MANAGER JEFFREY KOLIN RECOMMENDATION: It is recommended that the Council: 1) by motion, find good cause, under the Early Agenda Policy and the Open Government Ordinance, to consider this item, notwithstanding that the item did not appear on the preliminary agenda; and 2) by resolution, approve an At Will Employment Agreement with Jeffrey Kolin who was appointed to the position of Interim City Manager by Council on May 18, 2021, subject to approval of such agreement. Attachments: Staff Report (Uploaded 5-20-2021) Resolution (Uploaded 5-20-2021) Exhibit A - At-Will Employment Agreement (Interim CM) (Uploaded 5-25-2021) Presentation (Uploaded 5-20-2021) This Consent - Resolution was adopted. RESOLUTION NO. RES-2021-085 ENTITLED: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AT-WILL EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SANTA ROSA AND JEFF KOLIN FOR THE POSITION OF INTERIM CITY MANAGER AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT *12.12 RESOLUTION - RESOLUTION FOR APPROVAL OF JEFFREY KOLIN AS AN EXTRA HELP TEMPORARY EMPLOYEE TO SERVE AS ACTING CITY MANAGER RECOMMENDATION: It is recommended that the Council: 1) by motion, City of Santa Rosa Regular Meeting Minutes Page 15 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 find good cause, under the Early Agenda Policy and the Open Government Ordinance, to consider this item, notwithstanding that the item did not appear on the preliminary agenda; 2) by resolution, approve Jeffrey Kolin to be hired as an Extra Help Temporary Employee to the position of Acting City Manager from May 29, 2021 through June 28, 2021; and 3) amend the City’s Classification and Salary Plan to add the temporary classification of Extra-Help City Manager with an hourly salary of $117.95. Attachments: Staff Report (Uploaded 5-20-2021) Staff Report - Revised (Uploaded 5-25-2021) Resolution (Uploaded 5-20-2021) Resolution - Revised (Uploaded 5-25-2021) Exhibit A - At-Will Employment Agreement (Acting CM) (Uploaded 5-25-2021) Presentation (Uploaded 5-20-2021) Presentation - Revised (Uploaded 05-25-2021) This Consent - Resolution was adopted as amended RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ROSA APPROVING APPOINTMENT OF JEFF KOLIN AS AN EXTRA HELP TEMPORARY EMPLOYEE INTO THE POSITION OF ACTING CITY MANAGER FOR A LIMITED DURATION FROM MAY 29, 2021 TO JUNE 28, 2021, AND APPROVING AMENDMENT TO THE CITY’S SALARY PLAN AND SCHEDULE TO ADD TEMPORARY CLASSIFICATION OF EXTRA HELP ACTING CITY MANAGER 13. PUBLIC COMMENT ON NON-AGENDA MATTERS PUBLIC COMMENT Duane De Witt submitted public comment related to steering lower-income housing development into the Roseland area, causing great suffering in an already challenged area. Attachments: Late Correspondence (Uploaded 5-25-2021) This item was received and filed. 14. REPORT ITEMS - NONE. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - RESOLUTION TO ADOPT PROPOSED FY21/22 THROUGH FY24/25 WASTEWATER RATES AND ORDINANCE AMENDING CHAPTER 14 OF THE SANTA ROSA CITY CODE TO City of Santa Rosa Regular Meeting Minutes Page 16 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 ADOPT THE PROPOSED FY21/22 THROUGH FY24/25 WATER RATE SCHEDULE AND CHANGES TO THE WATER SHORTAGE RATES BASED ON THE WATER AND WASTEWATER COST OF SERVICE STUDY BACKGROUND: In 2018, Santa Rosa Water (SRW) hired The Reed Group, Inc (TRGI) to develop a ten-year long-range financial plan, followed by a thorough cost of service analysis and recommendation of a new water and wastewater rate schedule. TRGI found SRW’s financial health is such that at the end of the current fee schedule, set to conclude on June 30, 2021, only moderate annual water and wastewater rate increases would be required for Fiscal Year (FY) 21/22 through FY24/25. Proposed increases between 2-4% each year for water fixed and usage charges and 2% each year for wastewater fixed and usage charges are proposed to help ensure that SRW continues to meet all service and financial obligations. In July 2019, SRW amended the TRGI contract to have TRGI analyze and update the Water Shortage Rate structure, which is part of the City’s Water Shortage Contingency Plan (Shortage Plan). To compensate for potentially reduced revenues during a declared water shortage, SRW is proposing an update to the Water Shortage Rate Structure, including implementation of a water shortage charge of 5-45% during water shortage stages 2 through 8 respectively of the Shortage Plan. RECOMMENDATION: It is recommended by the Board of Public Utilities and Santa Rosa Water that the City Council, after conducting a public hearing pursuant to Proposition 218, by resolution, approve 4 years of wastewater fixed and usage charge rate increases to go into effect on July 1 of each year, 2021-2024; and introduce an ordinance approving 4 years of water and recycled water fixed and usage charges rate increases to go into effect on July 1 of each year, 2021-2024, and approving the Water Shortage Rate Structure changes. Attachments: Staff Report Attachment 1 - Rate Study Report Attachment 2 - Ordinance 4056 Attachment 3 - Resolution 28804 Ordinance Resolution Presentation Jennifer Burke, Director of Water, Kimberly Zunino, Deputy Director City of Santa Rosa Regular Meeting Minutes Page 17 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 of Water Administration, Bob Reed, The Reed Group, and Mark Hildebrand, Hildebrand Consulting, presented and answered questions from Council. Mayor Rogers opened the public hearing at 6:01 p.m. and seeing no one wishing to speak, closed the public hearing at 6:04 p.m. At the request of the Deputy City Clerk to confirm additional count of protests, Mayor Rogers recessed the meeting at 6:04 p.m. and reconvened at 6:10 p.m. Deputy City Clerk Manis announced that the City Clerk's Office received 34 protests, of which 34 appeared valid, but did not meet the required threshold of a majority protest. A motion was made by Council Member Schwedhelm, seconded by Council Member Sawyer, to waive reading of the text and adopt: RESOLUTION NO. RES-2021-087 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA LEVYING AND ASSESSING WASTEWATER RATES CHARGED FOR SERVICE AND REPEALING RESOLUTION NO. 2880 The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts A motion was made by Council Member Schwedhelm, seconded by Council Member Tibbetts, to introduce on first reading ORDINANCE ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SECTIONS 14 04.015, 14-04.090 AND 14-08.010 AND DELETING SECTION 14-08.015 OF THE SANTA ROSA CITY CODE, REVISING MONTHLY SERVICE CHARGES, RATES CHARGED FOR CITY WATER SERVICES AND WATER SHORTAGE RATE AND EXCESS USE PENALTIES STRUCTURES The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 18 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts 15.2 PUBLIC HEARING - STREETLIGHT POLE BANNERS PROPOSED FEES BACKGROUND: City Council adopted the Streetlight Pole Banner Policy No. 000-71 on January 5, 2021, in response to community interest in a banner program. The proposed Banner Fee Schedule is intended to offset costs associated with the permit application, issuance and management process ensuring public safety, quality control and program/scheduling management. RECOMMENDATION: It is recommended by the Economic Development Division that the Council, by resolution, adopt the Streetlight Pole Banner Schedule of Fees related to the review, permitting, installation/deinstallation and inspection of streetlight pole banners. Attachments: Staff Report Resolution Exhibit A - Policy 000-71 Streetlight Pole Banners Exhibit B - Banner Fee Schedule Presentation Rafael Rivero, Economic Development Specialist, presented and answered questions from Council. Mayor Rogers opened the public hearing at 6:25 p.m. and seeing no one wishing to speak, closed the public hearing at 6:26 p.m. A motion was made by Council Member Sawyer, seconded by Council Member Fleming, to waive reading of the text and adopt as amended: RESOLUTION NO. RES-2021-088 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING STREETLIGHT POLE BANNER FEES ASSOCIATED WITH COUNCIL POLICY NUMBER 000-71 TITLED "STREETLIGHT POLE BANNERS" The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Sawyer, Council Member Schwedhelm, and Council Member Tibbetts City of Santa Rosa Regular Meeting Minutes Page 19 of 19 City Council Regular Meeting Minutes - Final May 25, 2021 16. WRITTEN COMMUNICATIONS 16.1 NOTICE OF FINAL MAP - BAGGETT COTTAGES. Provided for information. Attachments: Notice of Submittal Location Map This item was received and filed. 17. 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, but with a final show of gratitude towards City Manager McGlynn for his years of service to the City of Santa Rosa, Mayor Rogers adjourned the meeting at 6:30 p.m. The next regularly scheduled meeting will be on June 8, 2021, at a time to be 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 13, 2021 /s/ Dina Manis, Deputy City Clerk