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 26, 2022 4:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor C. Rogers called the meeting to order at 4:00 p.m. Present: 6 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Victoria Fleming, Council Member Dianna MacDonald, Council Member John Sawyer, and Council Member Tom Schwedhelm Absent: 1 - Council Member Natalie Rogers 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) - NONE. 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE. 6. PROCLAMATIONS/PRESENTATIONS - NONE. 7. STAFF BRIEFINGS 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. Maraskeshia Smith, City Manager, reported the Food and Drug Administration announced an emergency use authorization for the Novavax COVID-19 vaccine, the subvariant known as BA5 has become the dominant version of the virus in the country, public health officials continue to encourage people to get vaccinated, mask-up when possible, monitor their health for signs of COVID-19 infection and to continue to be vigilant in prevention of the disease. For more information about the status of COVID-19 in the community, testing locations and obtaining at-home tests, and vaccine information for all ages, go to socoemergency.org. PUBLIC COMMENT City of Santa Rosa Regular Meeting Minutes Page 2 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Duane De Witt spoke on his concern of deadly respiratory illnesses, concern about the lockdown, and hybrid meetings for board and commission meetings. Council Member N. Rogers joined the meeting at 4:06 p.m. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS Jason Nutt, Assistant City Manager reported the City of Santa Rosa received the award of excellence for the Downtown Station Specific Plan from the California Chapter of the American Planning Association as well as an award at the regional level. PUBLIC COMMENT Duane De Witt spoke on a portion of Roseland that is now considered part of downtown, and expressed concern the housing element does not emphasize the area as being a disadvantaged community. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Fleming reported if the Rincon Valley Little League wins tonight's game they will move onto the western regional's. Council Member Schwedhelm reported he visited the Roseland Community Complex with Senator McGuire, attended Police Chief John Cregan's swearing in ceremony and thanked City Manager Smith for spearheading the event. Council Member MacDonald reported she was a speaker at the Oakmont Progressive meeting, toured with Fire Chief Scott Westrope to see the new fire trucks and the fire stations, attended Police Chief John Cregan's swearing in ceremony and the promotion of officers and thanked City Manager Smith for the work City of Santa Rosa Regular Meeting Minutes Page 3 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 in making the ceremony a success. Council Member MacDonald attended the Roseland kick-off ceremony for the library, attended an award ceremony for a $10,000 check from Fleet Feet to the scholarship program for children to have the opportunity to take swimming lessons at the Finley Center. Council Member Sawyer thanked City Manager Smith for the work she did for Police Chief John Cregan's swearing in ceremony as well as the officers promoted, thanked Council Member Schwedhelm for the comments commending Police Chief Cregan. Mayor C. Rogers echoed the comments of Council Members regarding Police Chief John Cregan's swearing in ceremony as well as the officer promotions and for Council Member Schwedhelm's comments at the ceremony. Mayor C. Rogers provided some information on the Roseland events and reported the City received $6 million for the new fire station in Roseland, $5 million for the Roseland library, an additional $5 million for the Caritas Village project, and $1.5 million for Water Conservation projects. The Mayor congratulated the opening of the Mitote Food Park, welcomed the Snoopy Senior World Ice Hockey tournament, and announced the kickoff for the guaranteed basic income project with First 5 Sonoma County and other partners. Council Member N. Rogers congratulated Police Chief John Cregan and reported she attended a fundraiser for Athena House. No public comments were made. 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 Council Member MacDonald provided a brief report on the Climate Action Subcommittee meeting. 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) City of Santa Rosa Regular Meeting Minutes Page 4 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 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) Council Member Schwedhelm provided a brief report. 10.1.9 Sonoma County Continuum of Care (CoC) Council Member Schwedhelm provided a brief report on the quarterly membership meeting. 10.1.10 Renewal Enterprise District (RED) 10.1.11 Public Safety Subcommittee 10.1.12 Other 10.2 DESIGNATION OF VOTING DELEGATE/ALTERNATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 10.2.1 In order to vote at the Annual Business Meeting at the League of California Cities 2022 Annual Conference, each member City must designate a voting delegate and up to two alternate delegates. This year’s conference will be held in Long Beach from Wednesday, September 7 through Friday, September 9. The delegates must be designated by the City Council, and the voting delegate and alternates must be registered to attend the conference. Per the League, these procedures assume that the conference will be held in-person at the Long Beach Convention Center as planned. Attachments: 2022 Letter No public comments were made. A motion was made by Mayor C. Rogers, seconded by Vice Mayor Alvarez, appointing Council Member Tom Schwedhelm as the primary voting City of Santa Rosa Regular Meeting Minutes Page 5 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 delegate and Council Member MacDonald as the alternate voting delegate. Council Member Schwedhelm informed the Council he would not be at the conference on September 9 for the Annual Business meeting and would not be able to be the primary voting delegate. Mayor C. Rogers rescinded his motion. A motion was made by Mayor C. Rogers, seconded by Vice Mayor Alvarez, appointing Council Member MacDonald as the primary voting delegate and Council Member Schwedhelm as the alternate voting delegate. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 11. APPROVAL OF MINUTES No public comments were made. 11.1 May 10, 2022, Regular Meeting. Attachments: Draft Minutes Approved as submitted. 11.2 May 11, 2022, Special Meeting. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS Prior to the reading of the Consent calendar, City Attorney Sue Gallagher reported there were corrections to the resolutions on the following three Consent items: Item 12.10 resolution was revised to add reference to the method of collection of the tax, the ordinance was revised to correct the termination date to reflect 2045 instead of 2043 and to eliminate the phrase tying it to the operative date of the tax. Item 12.11 resolution was revised to correct the ballot question to state "it will affirm the City's transition from election of our Council City of Santa Rosa Regular Meeting Minutes Page 6 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Members by city-wide vote by at-large elections to the election of Council Members by district." Item 12.12 resolution was revised to correct the ballot question to state " to ensure gender and citizenship neutrality in the language of the Charter," and adding language for Council to authorize the Mayor and, with the Mayor's authorization, other Council Members to write arguments in favor of and rebuttal arguments. Mayor C. Rogers pulled Item 12.13 for a separate discussion and vote. PUBLIC COMMENT Duane De Witt spoke expressing concerns on the number of items on the Consent calendar, concern on Item 12.10 and 12.11 and asked for Council to delay their vote on these items, and concern the last minute changes to Items 12.10, 12.11 and 12.12 does not allow residents ample time to review what is being discussed. Mayor Rogers recessed the meeting at 4:35 p.m. and reconvened at 4:50 p.m. Present: 7 - Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member Victoria Fleming, Council Member Dianna MacDonald, Council Member Natalie Rogers, Council Member John Sawyer, and Council Member Tom Schwedhelm PUBLIC COMMENT (cont.) Kelsey spoke expressing concern and confusion on Item 12.10 Measure O funding. Allegra spoke echoing the comments of Speaker Kelsey and expressed concern on Item 12.10 Measure O funding. Michael spoke echoing the comments of Speaker Kelsey and Speaker Allegra and expressed a desire to see changes to Measure O funding. City of Santa Rosa Regular Meeting Minutes Page 7 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Melissa spoke on Item 12.10 asking the language to be revised to generate funding for homelessness, substance abuse, violence prevention, and gang prevention. Tony Garen spoke on Item 12.5 expressing the inequity of two of the positions receiving an increase in salary. Jordan Byrd spoke on Item 12.10 urging Council to debrief and reconsider the militarization of law enforcement, to carefully consider how Measure O funds are allocated, and to reinvest in the community. City Manager Smith and Amy Reeve, Human Resources Director, answered questions from the public comment on Item 12.5. Approval of the Consent Agenda A motion was made by Vice Mayor Alvarez, seconded by Council Member MacDonald to waive reading of the text and adopt Consent Items 12.1 through 12.12. The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 12.1 MOTION - AUTHORITY TO ISSUE DESIGN-BUILD REQUEST FOR PROPOSALS FOR THE HOPPER AVE CORRIDOR FIRE RECOVERY IMPROVEMENTS PROJECT RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, authorize issuance of a Design-Build Request for Proposals for the Hopper Ave Corridor Fire Recovery Improvements project. Attachments: Staff Report Attachment 1 - Map Presentation This Consent - Motion was approved. 12.2 MOTION - CONTRACT AWARD - PUBLIC SAFETY BUILDING City of Santa Rosa Regular Meeting Minutes Page 8 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 HYDRONIC PIPELINE REPLACEMENT (965 AND 955 SONOMA AVE) RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by motion, award Contract No. C02388, Public Safety Building Hydronic Pipeline Replacement, in the amount of $606,094.00 to the lowest responsible bidder, Peterson Mechanical, Inc. of Sonoma, CA, approve a 15% contract contingency, and authorize a total contract amount of $697,008.10. Attachments: Staff Report Attachment 1 - Map Attachment 2 - Summary of Bids Presentation This Consent - Motion was approved. 12.3 RESOLUTION - PROFESSIONAL SERVICES AGREEMENT APPROVAL - CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., PUBLIC OUTREACH AND PRELIMINARY ENGINEERING/DESIGN SERVICES RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve a Professional Services Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, California, for public outreach and preliminary engineering/architectural design services associated with the Hopper Avenue Corridor Fire Recovery Improvements project, in an amount not to exceed $466,764.00. Attachments: Staff Report Attachment 1 - Map Resolution Exhibit A - Professional Services Agreement Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-154 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., FOR PUBLIC OUTREACH AND PRELIMINARY DESIGN SERVICES ASSOCIATED WITH THE HOPPER AVE CORRIDOR FIRE RECOVERY IMPROVEMENTS PROJECT 12.4 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN TO REINSTATE DIVISION CHIEF CLASSIFICATION City of Santa Rosa Regular Meeting Minutes Page 9 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 AND RECLASSIFY 3.0 FTE BATTALION CHIEF POSITIONS TO DIVISION CHIEF IN THE FIRE DEPARTMENT RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, amend the City’s Classification and Salary Plan to reinstate the classification of Division Chief and reclassify three existing Battalion Chief positions to Division Chief in the Fire Department. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-155 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY CLASSIFICATION AND SALARY PLAN AND AUTHORIZING THE CITY MANAGER TO REINSTATE DIVISION CHIEF CLASSIFICATION AND RECLASSIFY 3.0 FTE BATTALION CHIEF POSITIONS TO DIVISION CHIEF IN THE FIRE DEPARTMENT 12.5 RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND SALARY PLAN MODIFYING THE SALARY RANGE OF MULTIPLE POSITIONS RECOMMENDATION: It is recommended by the Human Resources Department that Council, by resolution, amend the City’s Classification and Salary Plan to modify the salary range of multiple positions to address significant and ongoing issues of recruitment and retention. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-156 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY CLASSIFICATION AND SALARY PLAN MODIFYING THE SALARY RANGE OF MULTIPLE POSITIONS BY 5% TO ADDRESS SIGNIFICANT AND ONGOING ISSUES OF RECRUITMENT AND RETENTION AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THESE CHANGES 12.6 RESOLUTION - CORRECTING A CLERICAL ERROR IN THE City of Santa Rosa Regular Meeting Minutes Page 10 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 MEMORANDUM OF UNDERSTANDING FOR THE CITY OF SANTA ROSA’S UNIT 9 - POLICE SAFETY MANAGEMENT, REPRESENTED BY THE SANTA ROSA POLICE MANAGEMENT ASSOCIATION RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, authorize the City Manager to execute a Side Letter Agreement to correct a clerical error in the Memorandum of Understanding for the City of Santa Rosa’s Unit 9 - Police Safety Management, represented by the Santa Rosa Police Management Association that all Unit 9 employees will continue to be eligible for the 3% bilingual premium. Attachments: Staff Report Resolution Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-157 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CORRECTING A CLERICAL ERROR IN THE MEMORANDUM OF UNDERSTANDING FOR THE CITY OF SANTA ROSA'S UNIT 9 - POLICE SAFETY MANAGEMENT, REPRESENTED BY THE SANTA ROSA POLICE MANAGEMENT ASSOCIATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT SO THAT ALL UNIT 9 EMPLOYEES WILL CONTINUE TO BE ELIGIBLE FOR THE 3% BILINGUAL PAY 12.7 RESOLUTION - ADOPTION OF MEMORANDUM OF UNDERSTANDING, UNIT 17- PROFESSIONAL ATTORNEYS REPRESENTED BY THE SANTA ROSA CITY ATTORNEYS ASSOCIATION, EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024 AND AMENDMENT TO THE FISCAL YEAR 2022-23 ADOPTED BUDGET WITHIN GENERAL FUND RECOMMENDATION: It is recommended by the Human Resources Department and the City Manager’s Office that Council, by resolution: (1) adopt the Memorandum of Understanding for and on behalf of, the employees in the City’s Bargaining Unit 17 - Professional Attorneys effective July 1, 2021 to June 30, 2024; and (2) amend the fiscal year FY 22/23 adopted budget to increase appropriations by $114,885 from the General Fund unassigned fund balance to cover the costs associated with this agreement. City of Santa Rosa Regular Meeting Minutes Page 11 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Attachments: Staff Report Attachment 1 - Redline MOU Unit 17 Resolution Exhibit A - MOU Unit 17 Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-158 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING A MEMORANDUM OF UNDERSTANDING FOR AND ON BEHALF OF THE EMPLOYEES IN THE CITY OF SANTA ROSA'S UNIT 17 - PROFESSIONAL ATTORNEYS REPRESENTED BY THE SANTA ROSA CITY ATTORNEYS ASSOCIATION, EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2024 AND AMENDING THE FISCAL YEAR 2022-23 ADOPTED BUDGET 12.8 RESOLUTION - APPROVAL AND ADOPTION OF THE CITY’S SALARY PLAN AND SCHEDULE RECOMMENDATION: It is recommended by the Human Resources Department that Council, by resolution, approve and adopt the City’s Salary Plan and Schedule. Attachments: Staff Report Attachment 1-RES-2022-048; Approval and Adoption of Salary Plan and Schedule Attachment 2-RES-2022-078; Creating Single Role Paramedic Classification Attachment 3-Resolution 14032; Establishing Trainee Program Resolution Exhibit A Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-159 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING THE CITY'S SALARY PLAN AND SCHEDULE 12.9 RESOLUTION - APPROVAL OF AGREEMENT WITH AXON ENTERPRISE INC. TO PURCHASE FLEET CAMERAS AND RENEWAL OF CONTRACTS FOR BODY WORN CAMERAS, INTERVIEW ROOM CAMERAS AND TASERS RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) approve a consolidated Professional Services Agreement with Axon Enterprise, Inc., Scottsdale, Arizona, for the purchase and deployment of body-worn cameras, interview room City of Santa Rosa Regular Meeting Minutes Page 12 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 cameras, fleet cameras, taser equipment and applicable software licensing, digital evidence management and storage for a five-year period in an amount not to exceed $3,870,284.75; and 2) delegate authority to the Chief of Police, or designee, to negotiate and execute the final consolidated Agreement. Attachments: Staff Report Resolution Exhibit A - Professional Services Agreement Presentation This Consent - Resolution was adopted. RESOLUTION NO. RES-2022-160 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A CONSOLIDATED PROFESSIONAL SERVICES AGREEMENT WITH AXON ENTERPRISE, INC. TO PURCHASE FLEET CAMERAS AND RENEW THE CONTRACT FOR BODY-WORN CAMERAS, INTERVIEW ROOM CAMERAS AND TASERS AND FIVE YEARS OF ASSOCIATED SOFTWARE LICENSING AND DIGITAL EVIDENCE MANAGEMENT IN AN AMOUNT NOT TO EXCEED $3,870,284.75 AND DELEGATION OF AUTHORITY TO THE CHIEF OF POLICE, OR DESIGNEE, TO NEGOTIATE AND EXECUTE THE CONSOLIDATED AGREEMENT 12.10 ORDINANCE SECOND READ AND RESOLUTION - BALLOT MEASURE SEEKING VOTER APPROVAL TO AMEND CHAPTER 3-26 OF THE SANTA ROSA CITY CODE TO EXTEND EXISTING ¼ CENT SALES TAX (ADOPTED BY CITY VOTERS AS MEASURE O AT THE NOVEMBER 2004 ELECTION) FOR AN ADDITIONAL TWENTY YEARS AND EXPANDING ALLOWABLE USES OF FUNDING RECOMMENDATION: It is recommended by the City Manager’s Office, Finance Department and Communications & Intergovernmental Relations Office that the Council: (1) approve the second read of an ordinance, introduced at the July 12, 2022 Regular Meeting by unanimous vote, to amend Chapter 3-26 of the Santa Rosa City Code to extend a quarter-cent Transaction and Use Tax to fund public safety and violence prevention programs and to expand permissible uses of the tax revenues; and (2) adopt a resolution directing the submission of a ballot measure to seek voter approval of that ordinance at the November 8, 2022, General Municipal Election and approving related actions. City of Santa Rosa Regular Meeting Minutes Page 13 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Attachments: Ordinance Ordinance Revised 07.25.2022 (Redline) Ordinance Revised 07.25.2022 Resolution Resolution Revised 07.25. 2022 (Redline) Resolution Revised 07.25.2022 Late Correspondence (Uploaded 7-26-2022) This Consent - Resolution was adopted as corrected and this Ordinance was adopted as corrected upon second reading to be submitted to the voters. RESOLUTION NO. RES-2022-161 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CALLING A SPECIAL ELECTION ON NOVEMBER 8, 2022 TO SUBMIT A BALLOT MEASURE TO THE REGISTERED VOTERS OF THE CITY CONCERNING AN AMENDMENT TO CHAPTER 3.26 OF THE SANTA ROSA CITY CODE TO EXTEND A QUARTER-CENT TRANSACTION AND USE TAX TO FUND PUBLIC SAFETY AND VIOLENCE PREVENTION PROGRAMS AND TO UPDATE PERMISSIBLE USES OF THE TAX REVENUES, REQUESTING A CONSOLIDATION OF SUCH ELECTION WITH OTHER ELECTIONS BEING HELD ON THE SAME DATE, AND DIRECTING RELATED ACTIONS SANTA ROSA BALLOT MEASURE NO. 1 ORDINANCE NO. __________ ORDINANCE OF THE CITY OF SANTA ROSA AMENDING CHAPTER 3-26 OF THE SANTA ROSA CITY CODE TO EXTEND EXISTING ¼ CENT SALES TAX (ADOPTED BY CITY VOTERS AS MEASURE O AT THE NOVEMBER 2004 ELECTION) FOR AN ADDITIONAL TWENTY YEARS AND EXPANDING ALLOWABLE USES OF FUNDING 12.11 RESOLUTION - PLACING MEASURE ON THE NOVEMBER 2022 BALLOT TO AMEND THE CITY CHARTER TO REFLECT THE CITY’S DISTRICT-BASED ELECTION OF COUNCIL MEMBERS RECOMMENDATION: It is recommended that the Council, by resolution, place a measure on the November 8, 2022 ballot to amend the City Charter to reflect the City’s recent transition to district-based election of Council members. Attachments: Staff Report Resolution Resolution Revised 07.25.2022 (Redline) Resolution Revised 07.25.2022 Exhibit A - Ballot Measure No. 2 (District Elections) City of Santa Rosa Regular Meeting Minutes Page 14 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 This Consent - Resolution was adopted as corrected. RESOLUTION NO. RES-2022-162 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CALLING A SPECIAL ELECTION ON NOVEMBER 8, 2022, TO SUBMIT A MEASURE TO THE REGISTERED VOTERS OF THE CITY CONCERNING AMENDMENTS TO THE CITY CHARTER TO AFFIRM THE CITY'S DISTRICT-BASED ELECTION OF COUNCIL MEMBERS, REQUESTING A CONSOLIDATION OF SUCH ELECTION WITH OTHER ELECTIONS BEING HELD ON THE SAME DATE, AND DIRECTING RELATED ACTIONS 12.12 RESOLUTION - PLACING MEASURE ON THE NOVEMBER 2022 BALLOT TO AMEND THE CITY CHARTER TO UPDATE AND MODERNIZE THE LANGUAGE OF THE CHARTER RECOMMENDATION: It is recommended that the Council, by resolution, place a measure on the November 8, 2022 ballot to amend the City Charter to update and modernize the language of the Charter, including provisions to remove ambiguities, to provide additional flexibility in City operations, and to ensure gender and citizenship neutrality. Attachments: Staff Report Resolution Resolution Revised 07.25.2022 (Redline) Resolution Revised 07.25.2022 Exhibit A - Ballot Measure No. 3 (Charter Update and Modernization) This Consent - Resolution was adopted as corrected. RESOLUTION NO. RES-2022-163 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CALLING A SPECIAL ELECTION ON NOVEMBER 8, 2022, TO SUBMIT A BALLOT MEASURE TO THE REGISTERED VOTERS OF THE CITY TO UPDATE AND MODERNIZE THE CITY CHARTER, REQUESTING A CONSOLIDATION OF SUCH ELECTION WITH OTHER ELECTIONS BEING HELD ON THE SAME DATE, AND DIRECTING RELATED ACTIONS 12.13 RESOLUTION - PLACING MEASURE ON THE NOVEMBER 2022 BALLOT TO AMEND THE CITY CHARTER TO INCREASE COUNCIL COMPENSATION RECOMMENDATION: It is recommended that the Council, by resolution, place a measure on the November 8, 2022 ballot to amend City of Santa Rosa Regular Meeting Minutes Page 15 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 the City Charter to increase Council compensation, tying Mayor and Council compensation to a percentage of the County’s Area Median Income, setting the Mayor’s salary at 100% of Area Median Income for a three person household (currently $101,500 annually) and the Council members’ salary at two-thirds of that Area Median Income (currently approximately $67,660 annually), all with an effective date of January 1, 2025. Attachments: Staff Report Resolution Exhibit A - Ballot Measure No. 4 (Council Compensation).docx Late Correspondence (Uploaded 7-26-2022) Mayor C. Rogers informed the Council that during their discussion of implementing this issue, they discussed moving the implementation date to January 1, 2025 but wanted Council to weigh in on placing this on the ballot in 2024 to give voters an opportunity to discuss this and for Council to look at the economic reality of implementing the compensation for Council. City Attorney Gallagher informed the Council that for Council to place this item on the ballot in 2024, they would need to call the special election for 2024 prior to taking a vote to add it and they could not vote on the issue at this meeting as it was not an item for action on the agenda. PUBLIC COMMENT Duane De Witt spoke sharing a document from 25 years ago when he asked for funding for staff dedicated to City Council Members, and asked the Council to place the matter on the 2024 ballot after substantial public involvement and discussion. Alyn spoke in opposition to additional funding for Measure O funds to police. Kelsey spoke on who might be eligible and able to pursue a career on Council, and that compensation should be accessible to more people. This item was continued to the August 9, 2022, meeting City of Santa Rosa Regular Meeting Minutes Page 16 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Duane De Witt spoke on Roseland being the most disadvantaged area in Santa Rosa due to environmental pollution. 15. PUBLIC HEARINGS 15.1 PUBLIC HEARING - SANTA ROSA FIRE DEPARTMENT ANNUAL WEED ABATEMENT PROGRAM REPORT BACKGROUND: Santa Rosa City Code section, Chapter 9.08 requires a public hearing to hear objections to the cost of weeds and/or rubbish abatement. The City Council grants or overrules such protests. The City Council, by resolution, may confirm the itemized report of the costs of abatement. The City Council authorizes the Santa Rosa Fire Department, County Auditor and Tax Collector to enact a special assessment as a lien upon respective parcels subject to the Weed and Rubbish Abatement Program. RECOMMENDATION: It is recommended by the Santa Rosa Fire Department that the Council, by resolution, confirm the itemized report of the Fire Department of the cost of weed and rubbish abatement as provided for in Sections 9-08.020, 9-08.080, and 9-08.090 of the Santa Rosa City Code. Attachments: Staff Report Attachment 1 - Weed Abatement Summary Resolution Exhibit A - Unpaid Weed Abatement Report Presentation Revised Presentation (Uploaded 7-27-2022) Paul Lowenthal, Division Chief Fire Marshal, presented and answered questions from Council. Mayor C. Rogers opened the public hearing at 5:41 p.m. No public comments were made. Mayor C. Rogers closed the public hearing at 5:41p.m. A motion was made by Council Member Fleming, seconded by Council Member Sawyer, to waive reading of the text and adopt City of Santa Rosa Regular Meeting Minutes Page 17 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 RESOLUTION NO. RES-2022-164 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CONFIRMING THE ITEMIZED REPORT OF THE SANTA ROSA FIRE DEPARTMENT OF THE COST OF REMOVING WEEDS AND/OR RUBBISH FROM, UPON, OR IN FRONT OF CERTAIN LOTS OR PARCELS OF LAND WITHIN THE CITY OF SANTA ROSA The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 15.2 PUBLIC HEARING - ORDINANCE INTRODUCTION - MILITARY EQUIPMENT ORDINANCE AND POLICY PURSUANT TO AB 481 BACKGROUND: The passage of AB 481 added several new statues to the Government CODE (GC § 7070-7075). These statutes require any state or local law enforcement agency that uses or wants to acquire “military equipment” defined in the statue to have created a written policy detailing the acquisition and use of the equipment which is adopted by ordinance. Enumerated through the above Government Codes, AB 481 creates 15 categories of items deemed military equipment. RECOMMENDATION: It is recommended by the Police Department that the Council introduce an ordinance to (1) amend Title 2 of the Santa Rosa City Code by adding Chapter 2-38, Military Equipment Use Ordinance, and (2) approve Santa Rosa Police Department Policy 707 - Military Equipment. Attachments: Staff Report Attachment 1 - Military Equipment Procedure Attachment 2 - SRPD Policies 300, 308, 312, 321, 467, and 706 Ordinance Exhibit A - SRPD Policy 707 (Military Equipment) Presentation Late Correspondence Uploaded (7-26-2022) John Cregan, Chief of Police, and Dan Marincik, Police Captain, presented and answered questions from Council. Mayor C. Rogers opened the public hearing at 6:14 p.m. City of Santa Rosa Regular Meeting Minutes Page 18 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Duane De Witt spoke on the need to end the threat of active shooters, to provide equipment to police to be able to diffuse a volatile situation, and to have good oversight. Alyn spoke in opposition to arming police, the need to remove the militarized equipment the police department currently uses, and expressed concern on the damage to peaceful protestors when the equipment is used against them. Kimi Barbosa, Police Accountability Task Force with North Bay Organizing Project, encouraged the Council to get more community input before implementing the policy, expressed concern the public may not have known this was on the agenda for today's meeting, and in opposition to Council approval as currently presented. Kelsey spoke on the public being alarmed of military equipment in the hands of police, urged the Council to have a critical eye and ear on why the equipment needs to be used, to create solutions to eliminate the use tear gas, and asked if the annual report would be available to the public. Jim Duffy spoke on the quality of the Santa Rosa Police Department, requested the annual report show the ethnic and racial breakdown of community members who were targets when military equipment is used, and to track the true cost of having military equipment. Allegra spoke expressing concern on the approval of what is already in place, the use of military equipment banned by the Geneva Convention being used, the police use of tear gas against children, and the need to have a robust community conversation. Michael spoke echoing the comments of previous speakers, the need to de-militarize police, expressed concern normalizing the militarization of the police would be dangerous, and asked Council to get more community input. City of Santa Rosa Regular Meeting Minutes Page 19 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Concerned Citizen spoke echoing the comments of previous speakers, and in opposition to giving the police more weapons. Jordan spoke urging the Council to keep the commitment to Sonoma County communities to not further militarize the police stating it condones excessive force against communities, and urged the Council to get more community input. Mayor C. Rogers closed the public hearing at 6:38 p.m. A motion was made by Council Member Fleming, seconded by Council Member N. Rogers, to waive reading of the text and introduce ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADDING CHAPTER 2-38 TO THE SANTA ROSA MUNICIPAL CODE REGARDING POLICE ACQUISITION AND USE OF MILITARY EQUIPMENT The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 14. REPORT ITEMS 14.1 REPORT - MAHONIA GLEN - REQUEST FOR SUMMARY VACATION OF ONE STORM DRAIN EASEMENT BACKGROUND: Mahonia Glen is an approved project that involves the redevelopment of the former Prickett’s Nursery site at 5173 Hwy 12. This affordable housing project was approved in June 2020 pursuant to Senate Bill 35, which mandates a streamlined, ministerial review process for projects which would typically require discretionary design review. The multi-structure housing complex will include 99 residential units, 98 of which will be deed-restricted as affordable housing and one of which will be reserved for an onsite manager. The campus will also have a community building, outdoor common areas, trash and storage areas and parking. MidPen Housing is the applicant and operator of the housing development. On April 20, 2022, Planning and Economic Development received an City of Santa Rosa Regular Meeting Minutes Page 20 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 application seeking a summary vacation of the subject easement. Vacating the easement is necessary for the construction of the Mahonia Glen housing project because no structures are allowed within storm drain easements. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution: 1) approve a summary vacation of the storm drain easement that bisects the property at 5173 Highway 12, to allow the development of Mahonia Glen, a 99-unit, affordable housing project; and 2) delegate the authority to the City Engineer to execute a quitclaim deed and/or any other documents necessary to effectuate the summary vacation. Attachments: Staff Report Attachment 1 - Disclosure Statement Attachment 2 - Location Map Attachment 3 - Project Proposal Statement Attachment 4 - Approval Letter (Signed) Resolution Exhibit A - Legal Description and Plat to Accompany Legal Description Presentation - Mahonia Glen Susie Murray, Senior Planner, presented and answered questions from Council. PUBLIC COMMENT Ramon Meraz, Director of Community Engagement for Generation Housing, spoke stating Generation Housing is proud to include Mahonia Glen among several projects they have endorsed since their inception and urged the Council to approve the applicant's request for a summary vacation to the storm drain easement. A motion was made by Council Member MacDonald, seconded by Council Member N. Rogers, to waive reading of the text and adopt RESOLUTION NO. RES-2022-165 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA (1) APPROVING A SUMMARY VACATION OF THE STORM DRAIN EASEMENT THAT BISECTS THE PROPERTY AT 5173 HIGHWAY 12, AND (2) DELEGATING THE AUTHORITY TO THE CITY ENGINEER TO EXECUTE A QUITCLAIM DEED AND/OR ANY OTHER DOCUMENTS NECESSARY TO EFFECTUATE THE SUMMARY VACATION, FOR THE PROPERTY AT 5173 HIGHWAY 12, ASSESSOR'S PARCEL NO. 183-410-060; FILE NUMBER VAC22-001 City of Santa Rosa Regular Meeting Minutes Page 21 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 14.2 REPORT - UTILITY CERTIFICATE - 1793 FULTON RD - UC16-005 BACKGROUND: The project consists of a Utility Certificate request that would allow for a property that is outside of Santa Rosa City limits and Urban Growth Boundary to be connected to City sewer service. The property is currently served by an existing, damaged septic system, but as demonstrated by the evaluation performed by Apex Septic Design (Attachment 6) repairs are unlikely to be successful due to the septic system’s age and high groundwater level present at the property. Further, there is not sufficient space to install a new septic system when accounting for required setbacks to property lines. RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve a Utility Certificate (UC16-005) to extend City sewer services to the property located at 1793 Fulton Road (APN 034-091-023), which is outside the City limits and outside the Urban Growth Boundary. Attachments: Staff Report Attachment 1 - Disclosure form Attachment 2 - Location Map Attachment 3 - Neighborhood Context Map Attachment 4 - Council Policy 300-02 Attachment 5 - Project Narrative Attachment 6 - Septic System Evaluation received July 20, 2016 Attachment 7 - Site Plan Attachment 8 - Preliminary Title Report Attachment 9 - Email from Applicant explaining timing of UC Application.pdf Resolution - Fulton Utility Certificate Exhibit A - Utility Certificate for 1793 Fulton Rd (UC16-005) Presentation Susie Murray, Senior Planner, presented and answered questions from Council. No public comments were made. A motion was made by Council Member Schwedhelm, seconded by Council Member N. Rogers, to waive reading of the text and adopt City of Santa Rosa Regular Meeting Minutes Page 22 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 RESOLUTION NO. RES-2022-166 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A UTILITY CERTIFICATE FOR SEWER SERVICE FOR AN EXISTING SINGLE-FAMILY RESIDENTIAL USE LOCATED AT 1793 FULTON ROAD - ASSESSOR'S PARCEL NUMBER 034-091-023; FILE NO. UC16-005 The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 14.3 REPORT - SONOMA COUNTY VISION ZERO ACTION PLAN BACKGROUND: The Vision Zero (VZ) project is a regional plan that recommends actions for reducing traffic fatality rates in Sonoma County. The purpose of the project is to launch VZ initiatives in the nine cities and the unincorporated areas of Sonoma County. The Sonoma County Transportation Authority (SCTA), the Department of Health Services (DHS), representatives from local jurisdictions (including Santa Rosa), non-profit organizations, community members, and public health and safety agencies formed the VZ Advisory Committee. The SCTA Board of Directors adopted the Vision Zero Action Plan at their March 14, 2022, meeting. Participating agencies are also asked to consider adopting the Vision Zero Action Plan. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, adopt the Sonoma County Vision Zero Action Plan. Attachments: Staff Report Resolution Exhibit A - Sonoma County Vision Zero Action Plan SCTA Presentation Presentation Late Correspondence (Uploaded 7-26-2022) Nancy Adams, Transportation Planner, presented and answered questions from Council. City of Santa Rosa Regular Meeting Minutes Page 23 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 PUBLIC COMMENT Alexa spoke on the need for a connected bikeway to make the streets safer for everyone, the need to shift the mindset and prioritize the life and health of road users above all other considerations when designing roads. A motion was made by Council Member Sawyer, seconded by Council Member Schwedhelm, to waive reading of the text and adopt RESOLUTION NO. RES-2022-167 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE SONOMA COUNTY VISION ZERO ACTION PLAN The motion carried by the following vote: Yes: 7 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, Council Member Sawyer, and Council Member Schwedhelm 14.4 REPORT - LOCAL ROAD SAFETY PLAN; CORRIDOR STUDY AND GRANT APPLICATION BACKGROUND: In 2020, the City of Santa Rosa was awarded a state grant from Caltrans to perform a Local Road Safety Plan (LRSP). The LRSP aims to meet goals set forth in the Bicycle and Pedestrian Master Plan of increasing access and comfort for bicycle and pedestrian facilities for people of all ages and abilities by identifying safety countermeasures to help mitigate primary crash type trends and reducing the overall collision severity. The LRSP is a collaborative process involving City Departments, businesses, and local organizations. An LRSP is also required to become eligible to compete for Cycle 11 Highway Safety Improvement Program grants. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that Council, by resolution: 1) approve the Local Road Safety Plan; 2) approve the 2021 Stony Point Road Corridor Study; and 3) authorize the Director of Transportation and Public Works to submit a Highway Safety Implementation Plan grant application for Stony Point Road enhancements. City of Santa Rosa Regular Meeting Minutes Page 24 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 Attachments: Staff Report Resolution Exhibit A - Local Road Safety Plan Exhibit B - Corridor Study Presentation Rob Sprinkle, Deputy Director Traffic Engineering Transportation and Public Works, presented and answered questions from Council. PUBLIC COMMENT Alexa spoke in support of protected bike lanes and the improvements at Stony Point Road. Elizabeth Ridlington, Vice Chair of the Bicycle and Pedestrian Advisory Board, spoke in support of the improvements at Stony Point Road. A motion was made by Council Member Schwedhelm, seconded by Council Member Fleming, to waive reading of the text and adopt RESOLUTION NO. RES-2022-168 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE LOCAL ROAD SAFETY PLAN, THE 2021 STONY POINT ROAD CORRIDOR STUDY, AND AUTHORIZING THE DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS TO SUBMIT A HIGHWAY SAFETY IMPROVEMENT PLAN GRANT APPLICATION FOR STONY POINT ROAD ENHANCEMENTS The motion carried by the following vote: Yes: 6 - Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming, Council Member MacDonald, Council Member Rogers, and Council Member Schwedhelm Absent: 1 - Council Member Sawyer 16. WRITTEN COMMUNICATIONS No public comments were made. 16.1 STATE LEGISLATIVE UPDATE: · Support for AB 1817 (Ting) -- Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS). Provided for information. City of Santa Rosa Regular Meeting Minutes Page 25 of 25 City Council Regular Meeting Minutes - Final July 26, 2022 · Support for SB 1338 (Umberg) -- Community Assistance, Recovery, and Empowerment (CARE) Court Program. Provided for information. Attachments: State Legislative Memo Bill Text AB-1817 Product safety: textile articles: perfluoroalkyl and polyfluoroalkyl substances (PFAS) AB 1817 Senate Committee on Environmental Quality Analysis AB-1817 Letter of Support Bill Text SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program SB-1338 Assembly Committee on Health Analysis SB-1338 Letter of Support This item was received and filed. 17. PUBLIC COMMENTS ON NON-AGENDA MATTERS No public comments were made. 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] - NONE. 19. ADJOURNMENT OF MEETING Mayor C. Rogers adjourned the meeting at 7:45 p.m. The next regular meeting will be held on August 9, 2022, 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: October 25, 2022 /s/ Stephanie A. Williams, City Clerk