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 23, 2023 2:30 PM 1. CALL TO ORDER AND ROLL CALL Mayor N. Rogers called the meeting to order at 2:31 p.m. Present: 4 - Mayor Natalie Rogers, Council Member Eddie Alvarez, Council Member Victoria Fleming, and Council Member Mark Stapp Absent: 3 - Vice Mayor Dianna MacDonald, Council Member Jeff Okrepkie, and Council Member Chris Rogers 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT: Duane DeWitt spoke related to Item 2.1 and requested additional detail be provided on future agendas to clarify the nature of the disputes being discussed in closed session. Mayor N. Rogers recessed the meeting to closed session at 2:35 p.m. to discuss Item 2.1 as listed on the agenda. 2.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of Case: STG Unocal Place, LLC v. City of Santa Rosa Sonoma Superior Court Case No. SCV-271224 This item was received and filed. Mayor N. Rogers adjourned closed session at 2:55 p.m. and reconvened to the regular session at 3:31 p.m. Present: 5 - Mayor Natalie Rogers, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Mark Stapp Absent: 2 - Vice Mayor Dianna MacDonald, and Council Member Chris Rogers 3. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES 3.1 INTERVIEWS FOR PERSONNEL BOARD City of Santa Rosa Regular Meeting Minutes Page 2 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 The Council will interview applicants for one At-Large vacancy and one Labor Representative vacancy on the Personnel Board. Attachments: Staff Report Attachment 1 - Notice of Application Availability Attachment 2 - Council Policy 000-06 Attachment 3 - PB Appointment Attachment 4 - Reference Council interviewed the following applicants for vacancies on the Personnel Board. Gail Flatt - At-Large representative James Vannucchi - At-Large representative Michael Stanford - Labor Representative Michael Reynolds - Labor Representative Ever Deras-Flores was unable to attend interview but can still be considered for appointment. 3.2 INTERVIEWS FOR BICYCLE AND PEDESTRIAN ADVISORY BOARD The Council will interview applicants for the Bicycle and Pedestrian Advisory Board Senior Community Representative and Disabled Community Representative. Attachments: Staff Report Attachment 1 - Notice of Availability of Applications Attachment 2 - Council Policy 000-06 Attachment 3 - Resolution No. 26536 Applicants Abel Jeffcoat - Disabled Community Representative and Paul Schwarz - Senior Community Representative were unable to attend interview, but can still be considered for appointment. Mayor N. Rogers recessed the meeting at 3:40 p.m. and reconvened the meet at 4:00 p.m. 4. STUDY SESSION - NONE. 5. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) Present: 5 - Mayor Natalie Rogers, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Mark Stapp Absent: 2 - Vice Mayor Dianna MacDonald, and Council Member Chris Rogers 6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS City of Santa Rosa Regular Meeting Minutes Page 3 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Sue Gallagher, City Attorney reported that Council met on Item 2.1 - STG Unocal Place vs City of Santa Rosa and approved a settlement related to the claim. No public comments were made. 7. PROCLAMATIONS/PRESENTATIONS 7.1 PROCLAMATION - NATIONAL PUBLIC WORKS WEEK Attachments: Proclamation Council Member Alvarez read and presented the proclamation to the following recipients: Dan Baker, Materials Lab Quality Control Associate Deric Glenn, Senior Streets Maintenance Worker Anna Norkus, Fleet Equipment Mechanic John Foreaker, Fleet Maintenance Supervisor Tim Finegan, Parks Crew Supervisor Ellio Torrano, Parks Crew Supervisor Andrew Allen, Supervising Engineer, Asset Management Flannery Banks. Assistant Engineer, Storm Water Elvis Shipman, Senior Utilities System Operator On behalf of all staff receiving the proclamation on National Public Works Week, Andrew Allen, Supervising Engineer - Santa Rosa Water, provided a brief comment. No public comments were made. 7.2 PROCLAMATION - JEWISH AMERICAN HERITAGE MONTH Attachments: Proclamation Council Member Stapp read and presented the proclamation to Rabbi George Gittleman. Rabbi Gittleman, Congregation Shomrei Torah, provided brief comment on the Jewish-American history, the importance of this proclamation in inter-faith understanding within the community of Santa Rosa, and the history of Congregation Shomrei Torah. City of Santa Rosa Regular Meeting Minutes Page 4 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 No public comments were made. 7.3 PROCLAMATION - WILDFIRE AWARENESS MONTH Attachments: Proclamation Council Member Okrepkie read and presented the proclamation to Paul Lowenthal, Division Chief Fire Marshal. Paul Lowenthal, Division Chief Fire Marshal, provided a brief comment on the proclamation and efforts staff and the community have made to expand on wildfire awareness efforts. No public comments were made. 7.4 PROCLAMATION - MENTAL HEALTH AWARENESS MONTH Attachments: Proclamation Mayor N. Rogers read and presented the proclamation to Katie Swan, inResponse Director. Police Chief John Cregan acknowledged the efforts of other partners in the success of the inResponse program including Buckelew, Humanidad Therapy, and National Alliance on Mental Illness (NAMI) Sonoma County; and introduced Katie Swan, inResponse Director. Director Swan thanked Council for the proclamation on mental health awareness month and the importance of spreading awareness within our community. PUBLIC COMMENT: Tina Rivera, Director Sonoma County Department of Health Services, spoke in support of the item and acknowledged all the efforts made by the various partner agencies. 8. STAFF BRIEFINGS 8.1 RUSSIAN RIVER WATER FORUM UPDATE Water Department staff will provide an update on the Russian River City of Santa Rosa Regular Meeting Minutes Page 5 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Water Forum, which is a grant funded collaborative effort to identify water supply resiliency solutions in response to the planned license surrender and decommissioning of PG&E’s Potter Valley Hydroelectric Project. No action will be taken except for possible direction to staff. Attachments: Presentation Jennifer Burke, Director of Santa Rosa Water, provided a brief update. No public comments were made. This item was received and filed. Mayor N. Rogers announced that Item 16.2 is being continued to a date uncertain. 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS Jason Nutt, Assistant City Manager, provided a brief report to invite the community to Courthouse Square on May 24 to celebrate the City Works Festival from 5:00 p.m. to 8:30 p.m. No public comments were made. 9.1 REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 through April 2023 as well as provide a summary of pending litigation against the City. Attachments: Litigation Report Sue Gallagher, City Attorney, reported there was 1 settlement STG Unocal Place with full and complete resolution of the matter, with 27 pending litigation cases including 2 code enforcement/receivership, 8 matters of general litigation, 11 personal injury cases, 3 police actions, 3 writ proceedings. No public comments were made. 10. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS City of Santa Rosa Regular Meeting Minutes Page 6 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Mayor N. Rogers announced her abstention from Item 11.1.12.1 due to conflict of interest as the item is directly related to her own travel schedule. 11. MAYOR'S/COUNCIL MEMBERS’ REPORTS Mayor N. Rogers provided a brief report on recent community events attended. Council Member Okrepkie acknowledged the Veteran's Memorial monument outside of City Hall as Memorial Day approaches and encouraged the community to visit the memorial in honor of those who have served our country. Council Member Fleming provided a brief report on recent community events attended and appointed John Sawyer to the General Plan Update Advisory Committee. PUBLIC COMMENT: Duane DeWitt spoke in support of selecting a different appointment to the General Plan by Council Member Fleming. 11.1 MAYOR'S/COUNCIL MEMBERS' SUBCOMMITTEE AND LIAISON REPORTS (AND POSSIBLE COUNCIL DIRECTION TO BOARD REPRESENTATIVE ON PENDING ISSUES, IF NEEDED) 11.1.1 Council Subcommittee Reports Council Member Stapp provided a report on the Violence Prevention Partnership recently attended where work was made towards finalizing the strategic plan. 11.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 11.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 11.1.4 Association of Bay Area Governments (ABAG) 11.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee City of Santa Rosa Regular Meeting Minutes Page 7 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 11.1.6 Sonoma Clean Power Authority (SCPA) 11.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) 11.1.8 Groundwater Sustainability Agency (GSA) 11.1.9 Sonoma County Continuum of Care (CoC) 11.1.10 Renewal Enterprise District (RED) 11.1.11 Public Safety Subcommittee 11.1.12 Other 11.1.12.1 MOTION - APPROVAL OF ABSENCE FROM CITY - MAYOR N. ROGERS Mayor Rogers will be travelling outside the City in June. During that time, she intends to participate in Council meetings remotely in accordance with Brown Act noticing requirements. Although the Mayor plans and expects to be back in the City well within thirty days of her departure, unanticipated flight or other travel delays could cause her time outside the jurisdiction to be extended. Given the potential for unanticipated travel delays extending her time out of the City, and the possibility of unexpected technology/connectivity issues interfering with her intended remote participation in Council meetings during her travels, it is recommended by the City Attorney that, in an abundance of caution, Mayor N. Rogers receive Council permission for a possible extended absence from the City jurisdiction and possible absence from City Council meetings from June 4, 2023 through July 11, 2023. (References: City Charter Section 31(d) and City Council Manual of Procedures and Protocols, Section I.F.). No public comments were made. A motion was made by Council Member Alvarez, seconded by Council Member Stapp, to approve, in an abundance of caution, Mayor N. Rogers request for Council permission for a possible extended absence from the City jurisdiction and possible absence from City Council meetings from June 4, 2023 through July 11, 2023. (References: City Charter Section 31(d) and City Council Manual of City of Santa Rosa Regular Meeting Minutes Page 8 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Procedures and Protocols, Section I.F.). The motion carried by the following vote: Yes: 4 - Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers Abstain: 1 - Mayor Rogers 11.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS 11.2.1 Council may vote to make appointments to the following boards: · Personnel Board - (1) At-Large Representative and (1) Labor Representative, with terms ending 12/31/2026. · Bicycle and Pedestrian Advisory Board - (1) Senior Community Representative and (1) Disabled Community Representative, with terms ending 12/31/2026. No public comments were provided. A motion was made by Council Member Fleming, seconded by Council Member Stapp, to appoint Ever Deras-Flores to the at-large representative vacancy on the Personnel Board. The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers A motion was made by Mayor Rogers, seconded by Council Member Alvarez, to appoint Michael Stanford to the Labor Representative vacancy on the Personnel Board, Paul Schwarz to the Senior Representative vacancy on the Bicycle and Pedestrian Advisory Board, and Abel Jeffcoat to the Disabled Community Representative vacancy on the Bicycle and Pedestrian Advisory Board. The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers 11.2.2 MAYOR’S APPOINTMENTS TO PUBLIC FINANCING AUTHORITY Mayor N. Rogers will announce and request Council approval of the (2) City of Santa Rosa appointments and (1) alternative to the Public City of Santa Rosa Regular Meeting Minutes Page 9 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Financing Authority. A motion was made by Council Member Okrepkie, seconded by Council Member Stapp, to approve Mayor N. Rogers' announcement of Council Member Fleming and Council Member C. Rogers, to the Public Financing Authority, and Council Member Stapp as alternate. The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers 12. APPROVAL OF MINUTES 12.1 May 4, 2023, Special Meeting. Attachments: Draft Minutes Approved as submitted. 13. CONSENT ITEMS PUBLIC COMMENT: Duane DeWitt spoke requesting additional time on consent items, the lack of public comment detail on Item 13.1, and in opposition to 13.3 and 13.5. Eric Fraser requested additional time be given related to important issues on the agenda, and in opposition of item 13.5. Gregory Fearon spoke in support of Item 13.1 but requested that it be presented or highlighted on the website, and requested a finance report related to ARPA and PG&E spending be put on the website. Approval of the Consent Agenda A motion was made by Council Member Alvarez, seconded by Council Member Okrepkie, to waive reading of the text and adopt Consent Items 13.1 through 13.5. The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers City of Santa Rosa Regular Meeting Minutes Page 10 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 13.1 MOTION - ADOPTION OF FINAL REPORT OF CITY COUNCIL PRIORITIES RECOMMENDATION: It is recommended by the City Manager that the Council, by motion, adopt the final report for the City of Santa Rosa Council Priority Setting workshop, held on March 9 and March 10, 2023. Attachments: Staff Report Attachment 1 - City Council Workshop Report Attachment 2 - 23-24 City Council Goals This Consent - Motion was approved. 13.2 RESOLUTION - EIGHTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. F001238 WITH R3 CONSULTING GROUP, INC. RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve the Eighth Amendment to Professional Services Agreement Number F001238 with R3 Consulting Group Inc., of Roseville, California, to perform a detailed rate review of Recology’s January 1, 2024, rate application in an amount not to exceed $70,000, for which the City anticipates seeking reimbursement from Recology, for a total contract amount not to exceed $448,910. Attachments: Staff Report Resolution Exhibit A - Eighth Amendment to PSA F001238 This Consent - Resolution was adopted. RESOLUTION NO. RES- 2023-084 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE EIGHTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F001238 BETWEEN THE CITY OF SANTA ROSA AND R3 CONSULTING GROUP INC. 13.3 RESOLUTION - OPPOSITION TO INITIATIVE 21-0042A1 RECOMMENDATION: It is recommended by the Communications & Intergovernmental Relations Office that the Council, by resolution, oppose Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act, a proposed statewide ballot measure for the City of Santa Rosa Regular Meeting Minutes Page 11 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 November 2024 election. Attachments: Staff Report Attachment 1 – Cal Cities Fiscal Analysis Attachment 2 – Text of Proposed Ballot Initiative 21-0042A1 Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES- 2023-085 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA OPPOSING INITIATIVE 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT 13.4 RESOLUTION - FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR PARKING CITATION PROCESSING SERVICES RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve the First Amendment to the Professional Services Agreement Number F001697 with Turbo Data Systems, Inc., of Santa Ana, California, for Citation Processing Services that are required for enforcement operations provided by the Parking Division by 1) correcting an erroneous reference to the end of the Contract term, 2) exercising the City’s option to extend the term of the agreement by one year through June 30, 2024, 3) and increasing compensation under the Agreement by $94,000 for a total contract not-to-exceed amount of $519,000. Attachments: Staff Report Resolution Exhibit A - First Amendment to PSA F001697 This Consent - Resolution was adopted. RESOLUTION NO. RES- 2023-086 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TURBO DATA SYSTEMS, INC. FOR PARKING CITATION PROCESSING SERVICES 13.5 RESOLUTION - APPROVAL OF AMENDMENT NO. 2 TO CITY MANAGER’S EMPLOYMENT AGREEMENT AND INTRODUCE AN ORDINANCE TO INCREASE THE COMPENSATION OF THE CITY MANAGER City of Santa Rosa Regular Meeting Minutes Page 12 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 RECOMMENDATION: It is recommended by the Human Resources Department that the Council, by resolution, approve Amendment No. 2 to the Employment Agreement of the City Manager and introduce an ordinance to increase the compensation of the City Manager by providing (1) a 5% merit increase in salary effective January 1, 2023, (2) a 2.5% cost of living salary adjustment effective July 2, 2023, (3) a merit increase equal to 5% of $276,750 effective December 3, 2023, (4) a merit increase equal to 6% of $276,750 effective the beginning of the first pay period in June, 2024, (5) a merit increase in June 2025 if and as needed to align the city manager’s salary to the then-average City Manager salary in comparable jurisdictions, (6) an enhanced wellness benefit of $4,800 yearly, effective January 1, 2023, (7) a five year contract term, and (8) an opportunity to explore housing loan options. Attachments: Staff Report Attachment 1 - Redline Changes to Employment Agreement Resolution Exhibit A - Amendment No. 2 to Employment Agreement Ordinance This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-087 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AMENDMENT NO. 2 TO THE CITY'S EMPLOYMENT AGREEMENT WITH CITY MANAGER TO PROVIDE (1) A 5% MERIT INCREASE IN SALARY EFFECTIVE JANUARY 1, 2023, (2) A 2.5% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE JULY 2, 2023, (3) A MERIT INCREASE EQUAL TO 5% OF $276,750 EFFECTIVE DECEMBER 3, 2023, (4) A MERIT INCREASE EQUAL TO 6% OF $276,750 EFFECTIVE AT THE BEGINNING OF THE FIRST PAY PERIOD IN JUNE, 2024, (5) AN ADDITIONAL MERIT INCREASE IN JUNE 2025 IF AND AS NEEDED TO ALIGN THE CITY MANAGER'S SALARY WITH THE THEN-AVERAGE CITY MANAGER SALARY IN COMPARABLE JURISDICTIONS, (6) AN ENHANCED WELLNESS BENEFIT OF $4,800 YEARLY EFFECTIVE JANUARY 1, 2023, (7) A FIVE YEAR CONTRACT TERM, AND (8) AN OPPORTUNITY TO EXPLORE HOUSING LOAN OPTIONS IN FUTURE YEARS This Consent - Ordinance was introduced: ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA INCREASING THE COMPENSATION OF THE CITY MANAGER TO PROVIDE (1) A 5% MERIT INCREASE IN SALARY EFFECTIVE JANUARY 1, 2023, (2) A City of Santa Rosa Regular Meeting Minutes Page 13 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 2.5% COST OF LIVING SALARY ADJUSTMENT EFFECTIVE JULY 2, 2023, (3) A MERIT INCREASE EQUAL TO 5% OF $276,750 EFFECTIVE DECEMBER 3, 2023, (4) A MERIT INCREASE EQUAL TO 6% OF $276,750 EFFECTIVE AT THE BEGINNING OF THE FIRST PAY PERIOD IN JUNE, 2024, (5) AN ADDITIONAL MERIT INCREASE IN JUNE 2025 IF AND AS NEEDED TO ALIGN THE CITY MANAGER’S SALARY WITH THE THEN-AVERAGE CITY MANAGER SALARY IN COMPARABLE JURISDICTIONS, AND (6) AN ENHANCED WELLNESS BENEFIT OF $4,800 YEARLY EFFECTIVE JANUARY 1, 2023 14. PUBLIC COMMENT ON NON-AGENDA MATTERS Kevin Becerra Herrera, Alexandra Mendoza, Eunice Lopez, Christian Mojico and Daniela Grassi, Roseland University Prep students, spoke on the Roseland Creek Care Project they took part in, including their development of an art-based outreach platform on how the community can take a role in pollution reduction and helping the creeks, a visit to the creek to remove invasive plant species, and how the hands-on program has afforded them an experience that they will long remember. Alina Nuebel spoke in greater detail on the Roseland Creek Care Project with Conservation Works. Silvia I. Langan, teacher in Roseland, spoke on the work her students have done on the Roseland Creek Care program both in the classroom and on the creek site, and advocated for a micro-grid for the Hearn Avenue Community Center. Maureen Linde spoke in opposition to current short term rental rules. Eric Fraser spoke regarding a lack of complaint resolution processes related to short term rentals. David Long spoke in opposition to the current short term rental ordinance and provided suggestions for corrections and code consistency. Duane DeWitt acknowledged the youth that spoke earlier on Item 14 City of Santa Rosa Regular Meeting Minutes Page 14 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 - Non-Agenda Matters related to Roseland Creek restoration efforts, and in support of preservation of the nature along the Roseland Creek. Gregory Fearon spoke in appreciation of staff efforts to put an affordable housing map on the City's website and observations made while reviewing the map. LATE CORRESPONDENCE Attachments: Late Correspondence (Uploaded 5-23-2023) This item was received and filed. 15. REPORT ITEMS 15.1 REPORT - REPEAL CHAPTER 11-16 - CRUISING PROHIBITED WITHIN THE CORE AREA OF THE CITY FROM TITLE 11 - VEHICLE AND TRAFFIC BACKGROUND: On January 21, 1986, the City Council held a public hearing on cruising. Representatives from the Santa Rosa Police Department recommended that the City enact an anti-cruising ordinance, referencing concern that cruising was a source of undue traffic congestion which caused air and noise pollution, that cruising impeded the movement of emergency vehicles, and that cruising created an environment of fear and criminal activity against both persons and property. It was noted that the California Vehicle Code authorized such an ordinance and that other communities across California had implemented similar ordinances. On January 28, 1986, the Council adopted Ordinance No. 2519, adding Chapter 11-18 to the Santa Rosa City Code to prohibit cruising within the core area of the City. On August 2, 1988, the Santa Rosa City Council adopted Ordinance No. 2713, making minor changes to the code and renumbering it as Chapter 11-16. In 2021, after a six-month long community engagement process, the Office of Community Engagement created the Community Empowerment Plan Listening Sessions Report. Included in the report were community feedback, input and recommendations that focused on systemic racism in Santa Rosa. The report concluded by stating that the City of Santa Rosa Regular Meeting Minutes Page 15 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 City of Santa Rosa must address its role in the systemic racism that impacts our communities of color and address its own policies and practices that enable historical institutional racism. This included making changes that impact the structure and culture of the organization, adopting a variety of practices, policies and procedures that change how the City serves all of its residents. Since then, City staff has implemented a variety of strategies and projects aimed at increasing diversity, equity, inclusion and belonging and improving relationships with all members of our community. This includes declaring racism as a public health and human rights crisis; developing and implementing a City Equity Plan; developing and implementing the inRESPONSE Mental Health Crisis Response Team; implementing the Multicultural Roots Project; and partnering with the Sonoma County Lowrider Council to create the Marylou Lowrider Patrol Car. Upon completion and reveal of the Marylou Lowrider Patrol Car to the community, the Sonoma County Lowrider Council approached the City to discuss the repeal of City Council Ordinance No. 2713 Chapter 11-16 Traffic, also known as the Cruising Ordinance. During the October 25, 2022 Council meeting, former Vice Mayor Alvarez requested a future agenda item to discuss the ordinance and possible repeal of the City’s cruising prohibition. RECOMMENDATION: It is recommended by the Santa Rosa Violence Prevention Partnership that the Council introduce an ordinance to repeal Chapter 11-16 - Cruising Prohibited Within the Core Area of the City of Title 11 - Vehicle and Traffic Code of the Santa Rosa City Code. Attachments: Staff Report Attachment 1 - Chapter 11-16 Redlined Ordinance Presentation Danielle Garduno, Violence Prevention Program Manager, presented. PUBLIC COMMENT: Jose(Mico) Quiroz spoke in support of Item 15.1 and his City of Santa Rosa Regular Meeting Minutes Page 16 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 relationship to the low-riding community. Teresa Medina, student at Maria Carrillo High School and community organizer, spoke on the history of the Sonoma County Low-rider Council, and in support of the repeal of this ordinance. A motion was made by Council Member Alvarez, seconded by Council Member Okrepkie, to introduce on first reading ordinance entitled: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA REPEALING CHAPTER 11-16 - CRUISING PROHIBITED WITHIN THE CORE AREA OF THE CITY OF THE SANTA ROSA CITY CODE, REMOVING THE CRUISING PROHIBITION. The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers 16. PUBLIC HEARINGS 16.1 PUBLIC HEARING - HOUSING LEGISLATION ZONING CODE TEXT AMENDMENT BACKGROUND: Zoning Code Text Amendments for State law consistency. A broad range of revisions were adopted to State Housing Laws during the 2022 Legislative Session and signed into law by the Governor. The State requires local jurisdictions to revise local zoning codes to ensure consistency with these changes. RECOMMENDATION: It is recommended by the Planning Commission and the Planning and Economic Development Department that the Council introduce an Ordinance amending Title 20 of the Santa Rosa City Code by modifying Zoning Code Chapter 20-31, and Sections 20-36.040, 20-50.020, and 20-70.020, and adding Chapter 20-33, to bring the Zoning Code into compliance with State Legislation, as required by law. City of Santa Rosa Regular Meeting Minutes Page 17 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Attachments: Staff Report Attachment 1 - Density Bonus Law – Letter of Technical Assistance Attachment 2 - Assembly Bill 2097 Attachment 3 - Assembly Bill 2244 Attachment 4 - Assembly Bill 682 Attachment 5 - Assembly Bill 2334 Attachment 6 - Assembly Bill 2011 Attachment 7 - Senate Bill 6 Attachment 8 - Assembly Bill 2295 Attachment 9 - Planning Commission Resolution Attachment 10 - SRCC Redline Changes to Zoning Code Ordinance Public Hearing Notice Presentation Nancy Woltering, Senior Planner, presented. Mayor N. Rogers opened the public hearing at 6:25 p.m. PUBLIC COMMENT: Cliff Whigham spoke on Item 16.1 and requested additional amendments to the zoning code be considered. Adrian Covert spoke in support of Item 16.1 Mayor N. Rogers closed the public hearing at 6:31 p.m. A motion was made by Council Member Stapp, seconded by Council Member Okrepkie, to introduce on first reading ordinance entitled: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE BY MODIFYING ZONING CODE CHAPTER 20-31 AND SECTIONS 20-36.040, 20-50.020, AND 20-70.020, AND ADDING CHAPTER 20-33, TO BRING THE ZONING CODE INTO COMPLIANCE WITH STATE LEGISLATION, AS REQUIRED BY LAW The motion carried by the following vote: Yes: 5 - Mayor Rogers, Council Member Alvarez, Council Member Fleming, Council Member Okrepkie, and Council Member Stapp Absent: 2 - Vice Mayor MacDonald, and Council Member Rogers 16.2 PUBLIC HEARING - 1650 W STEELE LANE APARTMENTS APPEAL City of Santa Rosa Regular Meeting Minutes Page 18 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 BACKGROUND: On January 25, 2023, the Zoning Administrator approved the 1650 W Steele Lane Apartments Project (the Project), which proposes to construct a 36-unit multifamily residential development located at 1650 W Steele Lane. The project included three Planning approvals including an Addendum to a previously certified EIR, a Minor Conditional Use Permit, and Minor Design Review. On February 6, 2023, an appeal of that action was received, which requires City Council review and action. RECOMMENDATION: It is recommended by the Zoning Administrator and the Planning and Economic Development Department that the Council, by three resolutions, deny the appeal and uphold the decision of the Zoning Administrator to 1) adopt an Addendum to the certified North Santa Rosa Station Area Specific Plan Environmental Impact Report, 2) approve a Minor Conditional Use Permit, and 3) approve Minor Design Review for the 1650 W Steele Lane Apartments Project located at 1650 W Steele Lane. City of Santa Rosa Regular Meeting Minutes Page 19 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Attachments: Staff Report Attachment 1 - Disclosure Form Attachment 2 - Conditional Use Permit Narrative Attachment 3- Density Bonus Project Narrative and Cost Reduction Statement Attachment 4 - Zoning Administrator Plan Set Attachment 5- Addendum to North Station Area Specific Plan EIR with Technical Studies Attachment 6 - Civil Submittal Attachment 7 - Consideration of Design Review Board's Concept Comments Attachment 8 - Climate Action Plan Checklist Attachment 9 - Traffic Study and Parking Program Description Attachment 10 - Public Comments received prior to May 3rd, 2023 Attachment 11 - Applicant's Attorney Presentation Attachment 12 - Appeal Application - Charles M Shulz Creative Associates Attachment 13 - Appellant Presentation Attachment 14 - City Council Plan Set Attachment 15 - Applicant's Attorney Memo Attachment 16 - ZA-2023-005 Attachment 17 - ZA-2023-006 Attachment 18 - Birds Eye View with Rendering.pdf Attachment 19 - HCD Letter of Support and Technical Assistance.pdf Attachment 20 - Appellants Disclosure Form.pdf Resolution 1 - Addendum to the North SR Station Area Specific Plan EIR Exhibit A Resolution 2 - Minor Conditional Use Permit Resolution 3 - Minor Design Review Exhibit A Presentation Public Hearing Notice Location Map Applicant Disclosure Form (Uploaded 05-23-2023) Late Correspondence (Uploaded 05-23-2023) This item was continued to a date uncertain. 17. WRITTEN COMMUNICATIONS 17.1 STATE LEGISLATIVE UPDATE: · Support for AB 50 (Wood) -- Public utilities: timely service: timely electrical interconnection. Provided for information. · Support for AB 74 (Muratsuchi) -- Vehicles: street takeovers, sideshows, and racing. Provided for information. · Support for AB 817 (Pacheco) -- Open meetings: teleconferencing: subsidiary body. Provided for information. City of Santa Rosa Regular Meeting Minutes Page 20 of 20 City Council Regular Meeting Minutes - Final May 23, 2023 Attachments: State Legislative Memo Bill Text - AB 50 Public Utilities AB 50 Letter of Support Bill Text - AB 74 Vehicles AB 74 Letter of Support Bill Text - AB 817 Open Meetings AB 817 Letter of Support This item was received and filed. 18. PUBLIC COMMENTS ON NON-AGENDA MATTERS None. 19. ANNOUNCEMENT OF CONTINUED CLOSED SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR’S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED] 20. ADJOURNMENT OF MEETING Mayor N. Rogers acknowledge the upcoming Memorial Day Celebration, congratulated upcoming graduates, wished Catharina "Tina" Brongersma a happy 100th birthday, and adjourned the meeting at 6:35 p.m. The next regular meeting will be held on Tuesday, June 6, 2023, at a time to be set by the Mayor. 21. UPCOMING MEETINGS Approved on: June 20, 2023 /s/ Dina Manis, City Clerk