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City Council

Regular Meeting

Santa Rosa, CA · December 21, 2021

AgendaMinutes

Minutes

City Hall, Council Chamber City of Santa Rosa 100 Santa Rosa Avenue Santa Rosa, CA 95404 City Council Special Meeting Minutes - Final Tuesday, December 21, 2021 10:00 AM Special Meeting 1. CALL TO ORDER AND ROLL CALL Mayor Rogers called the meeting to order at 10:00 a.m. Present: 5 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 1 - Council Member Victoria Fleming 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS No public comments were made. Mayor Rogers adjourned to closed session at 10:02 a.m. to discuss Items 2.1 and 2.2 as listed on the agenda. Council Member Fleming joined the meeting at 10:03 a.m. 2.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 976, 980 and 1004 Hearn Avenue, Santa Rosa, CA. APN’s 043-191-018, 043-191-019 and 043-191-020 Agency Negotiator: Jill Scott, Real Property Negotiator Negotiating Parties: 976 Hearn- Jose Dominguez 980 Hearn- Turnkey Deals LLC 1004 Hearn- Arthur Vincent Nelson and Timothy Nelson Under Negotiations: Price and terms of sale. This item was received and filed. 2.2 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. City of Santa Rosa Special Meeting Minutes Page 2 of 3 City Council Special Meeting Minutes - Final December 21, 2021 Court Case No. USDC Northern District of California Case No. 3:18-cv-01955-VC This item is received and filed. Mayor Rogers adjourned closed session at 11:19 a.m. and reconvened to open session at 11:21 a.m. 3. ANNOUNCEMENT OF ROLL CALL Present: 6 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Victoria Fleming, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City Attorney Sue Gallagher reported Council met in closed session on Item 2.1 Conference with Real Property Negotiators regarding properties on Hearn Avenue and gave direction to the negotiator, on Item 2.2 Conference with Legal Council regarding Existing Litigation Vannucci v. County of Sonoma, City of Santa Rosa and gave direction to legal counsel. 5. REPORT ITEMS 5.1 REPORT - COUNCIL VACANCY APPOINTMENT PROCEDURE AND SCHEDULE BACKGROUND: Council member Jack Tibbetts has announced his resignation from the City Council effective December 21, 2021. His resignation creates a vacancy on the Council. Section 31 of the Santa Rosa City Charter provides that such vacancy may be filled either (a) by appointment by the Council within 60 days of the vacancy, or (b) by the calling of a special election. Council must first determine which method it prefers for the filling of the vacancy. A special election would take place no earlier than June 2022. The City Clerk has received a preliminary estimate from the County of Sonoma that the cost of such special election could range between $56,115 and $102,878. An appointment by the Council would be governed by Council Policy No. 000-23, and would be effective upon selection of the successor. Policy No. 000-23 requires that the Council, at the earliest possible time after a vacancy occurs, adopt a schedule setting forth the time and date for: (1) submission of applications to fill City of Santa Rosa Special Meeting Minutes Page 3 of 3 City Council Special Meeting Minutes - Final December 21, 2021 the vacancy; (2) submission by the public of questions for applicant interviews; and (3) interviews of prospective candidates by the Council at a public meeting. The selection process must be completed within 60 days of the vacancy. If Council determines to proceed by way of an appointment, Council may, by motion, approve a proposed schedule and authorize related documents and procedures. RECOMMENDATION: It is recommended by the City Attorney’s Office that the Council, by motion, determine the procedure and schedule for filling the Council vacancy caused by the resignation of Council Member Jack Tibbetts. Attachments: Staff Report Attachment 1 - Application Schedule Attachment 2 - Vacancy Application Attachment 3 - Council Policy No. 000-23 Attachment 4 - Excerpts from SRCC Presentation City Attorney Sue Gallagher presented and answered questions from staff. City Clerk Stephanie Williams was available to answer questions. No public comments were made. A motion was made by Council Member Schwedhelm, seconded by Vice Mayor Alvarez, to fill the Council vacancy by the appointment process consistent with Council Policy 000-23 and schedule District 3 to be placed on the ballot in the November 8, 2022 election. The motion carried by the following vote: Yes: 6 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm Absent: 1 - Tibbetts 6. ADJOURNMENT OF MEETING Mayor Rogers adjourned the special meeting at 11:53 a.m. Approved on: January 11, 2022 /s/ Stephanie A. Williams, City Clerk

Agenda

City Hall, Council City of Santa Rosa Chamber 100 Santa Rosa Avenue Santa Rosa, CA 95404 CITY COUNCIL SPECIAL MEETING NOTICE AND AGENDA DECEMBER 21, 2021 Special Meeting 10:00 A.M. (HYBRID VIA IN-PERSON AND ZOOM) NOTICE IS HEREBY GIVEN that the Santa Rosa City Council will conduct City Council Special Meeting, beginning on Tuesday, December 21, 2021 at 10:00 a.m. utilizing a hybrid meeting platform. No other business will be considered at this Special Meeting. PURSUANT TO GOVERNMENT CODE SECTION 54953(e) AND THE RECOMMENDATION OF THE HEALTH OFFICER OF THE COUNTY OF SONOMA, CITY COUNCIL MEMBERS WILL BE PARTICIPATING IN THIS MEETING EITHER VIA ZOOM WEBINAR OR IN-PERSON, SOCIALLY DISTANCED, IN THE COUNCIL CHAMBER AT 100 SANTA ROSA AVENUE. MEMBERS OF THE PUBLIC CAN PARTICIPATE IN THE MEETING BY ATTENDING IN-PERSON FROM COUNCIL CHAMBER AT 100 SANTA ROSA AVENUE (MASKING AND SOCIAL DISTANCING REQUIREMENTS WILL BE OBSERVED), VISITING https://srcity-org.zoom.us/j/86176725938 OR BY DIALING 877-853-5257 AND ENTER WEBINAR ID: 861 7672 5938 THE MEETING WILL ALSO BE LIVE STREAMED AT HTTPS://SANTA-ROSA.LEGISTAR.COM/CALENDAR. CLICK ON THE "IN PROGRESS" LINK TO VIEW. THE MEETING CAN ALSO BE VIEWED ON COMCAST CHANNEL 28, AT&T U-VERSE CHANNEL 99, AND AT HTTPS://WWW.YOUTUBE.COM/CITYOFSANTAROSA PUBLIC COMMENTS Public Comment will be limited to the items listed on the Special Meeting agenda. Live Public Comment: Members of the public can provide comment on an City of Santa Rosa Special Meeting Notice and Agenda Page 2 of 5 City Council DECEMBER 21, 2021 Agenda Item In-Person from Council Chamber, by accessing the meeting through the Zoom link, or by dial-in at the time the Agenda Item is discussed during the Special City Council Meeting. Go to https://srcity.org/virtualparticipation for more information. Advanced Public Comment: E-mail Public Comment: To submit an e-mailed public comment to the City Council, please send to: cc-comment@srcity.org by 4:00 p.m., Monday, December 20. Identify in the subject line of your e-mail the Agenda Item Number on which you wish to comment, provide your name in the body of the e-mail and your comment. Please limit your e-mail to approximately 400 words (which is a speaking rate of 133 words per minute). eComment: To submit an eComment, go to https://santa-rosa.legistar.com and click the eComment link near the agenda link. eComment period will close at 4:00 p.m., Monday, December 20. Recorded Voice Message Public Comment: To submit a voice message public comment, please call 707-543-3005 by 4:00 p.m., Monday, December 20. State your name, the Agenda Item Number(s) on which you wish to comment, and your comment. PLEASE DO NOT LEAVE YOUR PHONE NUMBER OR PERSONAL ADDRESS IN THE VOICE MESSAGE AS IT WILL BE PLAYED BACK LIVE DURING THE CITY COUNCIL MEETING. E-mail and eComment public comments received by the deadline will be distributed to City Council members and uploaded to the agenda prior to the start of the City Council Special Meeting for public access. Recorded voice message public comments will be played during the meeting at the time the item is heard. 10:00 A.M. (HYBRID VIA IN-PERSON AND ZOOM) 1. CALL TO ORDER AND ROLL CALL 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS Following the announcement of Closed Session items and prior to recess into Closed Session, the public may speak up to three minutes on items to be addressed in Closed Session. City of Santa Rosa Special Meeting Notice and Agenda Page 3 of 5 City Council DECEMBER 21, 2021 2.1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 976, 980 and 1004 Hearn Avenue, Santa Rosa, CA. APN’s 043-191-018, 043-191-019 and 043-191-020 Agency Negotiator: Jill Scott, Real Property Negotiator Negotiating Parties: 976 Hearn- Jose Dominguez 980 Hearn- Turnkey Deals LLC 1004 Hearn- Arthur Vincent Nelson and Timothy Nelson Under Negotiations: Price and terms of sale. 2.2 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 RECESS CLOSED SESSION(S) AND RECONVENE TO OPEN SESSION IN THE COUNCIL CHAMBER AND VIA ZOOM. 3. ANNOUNCEMENT OF ROLL CALL 4. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS 5. REPORT ITEMS 5.1 REPORT - COUNCIL VACANCY APPOINTMENT PROCEDURE AND SCHEDULE BACKGROUND: Council member Jack Tibbetts has announced his resignation from the City Council effective December 21, 2021. His resignation creates a vacancy on the Council. Section 31 of the Santa Rosa City Charter provides that such vacancy may be filled either (a) by appointment by the Council within 60 days of the vacancy, or (b) by the calling of a special election. Council must first determine which method it prefers for the filling of the vacancy. A special election would take place no earlier than June City of Santa Rosa Special Meeting Notice and Agenda Page 4 of 5 City Council DECEMBER 21, 2021 2022. The City Clerk has received a preliminary estimate from the County of Sonoma that the cost of such special election could range between $56,115 and $102,878. An appointment by the Council would be governed by Council Policy No. 000-23, and would be effective upon selection of the successor. Policy No. 000-23 requires that the Council, at the earliest possible time after a vacancy occurs, adopt a schedule setting forth the time and date for: (1) submission of applications to fill the vacancy; (2) submission by the public of questions for applicant interviews; and (3) interviews of prospective candidates by the Council at a public meeting. The selection process must be completed within 60 days of the vacancy. If Council determines to proceed by way of an appointment, Council may, by motion, approve a proposed schedule and authorize related documents and procedures. RECOMMENDATION: It is recommended by the City Attorney’s Office that the Council, by motion, determine the procedure and schedule for filling the Council vacancy caused by the resignation of Council Member Jack Tibbetts. Attachments: Staff Report Attachment 1 - Application Schedule Attachment 2 - Vacancy Application Attachment 3 - Council Policy No. 000-23 Attachment 4 - Excerpts from SRCC Presentation 6. ADJOURNMENT OF MEETING The Open Government Ordinance (ORD-2020-018) was adopted by City Council in December 2020. This ordinance, adds Chapter 1-10 to the City Code to codify the City of Santa Rosa's commitment to embrace a culture of open government to ensure public trust, engage the community, and establish a system of transparency, public participation, and collaboration. To view a full version of the Open Government Ordinance go to http://srcity.org/OpenGovOrdinance. To request a paper copy of the Open Government Ordinance contact the City Clerk's Office at 707-543-3015 (TTY Relay at 711) or cityclerk@srcity.org. The City of Santa Rosa does not discriminate against individuals with disabilities in its employment, services, benefits, facilities, programs, or activities. Requests for accommodations, auxiliary aids, or services necessary to participate in a City program, service, or activity, including printed information in alternate formats, are available by contacting the City Clerk's Office at 707-543-3015 (TTY Relay at 711) or cityclerk@srcity.org. If the request is received at least 7 business days prior to the City Council meeting, the copy shall be provided no later than two (2) business days prior to the City Council meeting. Meeting information can also be accessed via the internet at http://srcity.org City of Santa Rosa Special Meeting Notice and Agenda Page 5 of 5 City Council DECEMBER 21, 2021 Any writings or documents provided to a majority of the City Council prior to this meeting regarding any item on this agenda, excluding closed session items, are available for public review in the City Clerk's Office, Room 10, City Hall, 100 Santa Rosa Ave, during normal business hours.

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