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 25, 2023 1:30 PM 1. CALL TO ORDER AND ROLL CALL Vice Mayor MacDonald called the meeting to order at 1:30 p.m Present: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 2. ANNOUNCEMENT OF CLOSED SESSION ITEMS No public comments were made. Vice Mayor MacDonald recessed the meeting to closed session at 1:32 p.m. to discuss Items 2.1 through 2.3 as listed on the agenda. 2.1 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representative: Mayor Natalie Rogers Unrepresented Employee: City Attorney 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: David Pelayo, et al. v. Utility Partners of America, LLC, et al. Sonoma County Superior Court Case No. SCV-264530 This item was received and filed. 2.3 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: State owned excess lands located between Farmers lane and Spring Lake Regional Park also known as “Southeast Greenway” Agency Negotiator: Jill Scott, Real Property Negotiator Negotiating Parties: California Department of Transportation City of Santa Rosa Regular Meeting Minutes Page 2 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Under Negotiations: Price and terms of payment. This item was received and filed. Vice Mayor MacDonald adjourned closed session at 3:15 p.m. and reconvened the meeting to open session at 4:00 p.m. 3. STUDY SESSION - NONE. 4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED) Present: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS Sue Gallagher, City Attorney, announced that Mayor N. Rogers participated on Item 2.1 remotely due to a medical emergency under the provisions of AB 2449 with the approval of Council. City Attorney Gallagher reported on Item 2.1 through 2.3 that Council discussed and received information on each item and no final action was taken. 6. PROCLAMATIONS/PRESENTATIONS 6.1 PROCLAMATION - SUE A. GALLAGHER, CITY ATTORNEY Attachments: Proclamation Council Member C. Rogers read and presented the proclamation to Sue Gallagher. City Attorney Gallagher provided a brief comment about her years of service. Council provided comments and reflected on Sue's service to the City. No public comments were made. 7. STAFF BRIEFINGS - NONE. 8. CITY MANAGER’S/CITY ATTORNEY’S REPORTS City of Santa Rosa Regular Meeting Minutes Page 3 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Maraskeshia Smith, City Manager, provided a brief report on Recreation and Parks Fall and Winter Activity Guide will be out this week and online at santarosarec.com, and announced a save the date for the Wildfire-Ready Resource Fair on August 19 at Finley Community Center from 10:00 a.m. to 2:00 p.m. 9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 10. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Fleming provided a brief report. Council Member C. Rogers provided a brief report on projects from Economic Development, Housing, and Transit that has been acknowledged, and on recent events attended. Council Member Okrepkie provided a brief report on recent events attended and interns from Project True. Council Member Alvarez provided a brief report on recent events attended. Council Member Stapp provided a brief report on recent events attended. Vice Mayor MacDonald provided a brief report on recent events attended and the visit with our sister city from Japan. 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 Stapp provided a brief report on the Long Term Final Policy and Audit Subcommittee. Vice Mayor MacDonald provided a brief report on the Violence Prevention taskforce. City of Santa Rosa Regular Meeting Minutes Page 4 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 PUBLIC COMMENT: Duane De Witt spoke on Pro-Housing designation and suggested other locations for additional housing. 10.1.2 Sonoma County Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA) 10.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee 10.1.4 Association of Bay Area Governments (ABAG) 10.1.5 Sonoma County Agricultural Preservation and Open Space District Advisory Committee 10.1.6 Sonoma Clean Power Authority (SCPA) 10.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste Management Agency (SCWMA)) 10.1.8 Groundwater Sustainability Agency (GSA) 10.1.9 Sonoma County Continuum of Care (CoC) 10.1.10 Renewal Enterprise District (RED) Council Member Fleming provided a brief report. 10.1.11 Public Safety Subcommittee 10.1.12 Other 10.2 DESIGNATIONS 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 2023 Annual Conference, each member City must designate a voting delegate and up to two alternate delegates. This year’s conference will be held in Sacramento from Wednesday, September 20 through Friday, September 22. The delegates must be designated by the City Council, and the voting delegate and alternates must be registered to attend the conference. Attachments: 2023 Letter City of Santa Rosa Regular Meeting Minutes Page 5 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 No public comments were made. A motion was made by Council Member Rogers, seconded by Council Member Stapp, to appoint Mayor N. Rogers as the primary voting delegate, Vice Mayor MacDonald as the alternate voting delegate, and Council Member Fleming as the second alternate voting delegate for the Annual Business Meeting at the League of California Cities 2023 Annual Conference. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 10.3 BOARD, COMMISSION & COMMITTEE APPOINTMENTS 10.3.1 MAYOR’S APPOINTMENTS TO THE SANTA ROSA CITY SCHOOLS AND CITY COUNCIL OF SANTA ROSA SUBCOMMITTEE Mayor N. Rogers will announce and request Council approval of three (3) appointments to the Santa Rosa City Schools and City Council of Santa Rosa Subcommittee related to inter-agency collaboration, with a focus on safety and security. A motion was made by Council Member C. Rogers, seconded by Council Member Alvarez, to approve Mayor N. Rogers' recommendations of Mayor N. Rogers, Vice Mayor MacDonald, and Council Member Okrepkie to serve on the Santa Rosa City Schools and City Council of Santa Rosa Subcommittee on inter-agency collaboration on schools safety and security. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 11. APPROVAL OF MINUTES City of Santa Rosa Regular Meeting Minutes Page 6 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 11.1 July 11, 2023 Special Meeting Minutes. Attachments: Draft Minutes Approved as submitted. 11.2 July 11, 2023 Regular Meeting Minutes. Attachments: Draft Minutes Approved as submitted. 12. CONSENT ITEMS Vice Mayor MacDonald pulled Item 12.5 for a separate discussion and vote. PUBLIC COMMENT: Duane DeWitt spoke on Item 12.4. Approval of the Consent Agenda A motion was made by Council Member Alvarez, seconded by Council Member Stapp, to waive reading of the text and adopt Consent Items 12.1 through 12.4, and 12.6. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 12.1 RESOLUTION - FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002270 WITH GEARY, SHEA, O’DONNELL, GRATTAN & MITCHELL P.C. FOR LEGAL REPRESENTATION RECOMMENDATION: It is recommended by the City Attorney and the Director of Santa Rosa Water that the Council, by resolution, approve the Fourth Amendment to Professional Services Agreement Number F002270 with Geary, Shea, O’Donnell, Grattan & Mitchell, P.C. in the amount of $75,000 for a total contract amount not to exceed $350,000 City of Santa Rosa Regular Meeting Minutes Page 7 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 for continued legal representation in the matter of Pelayo, et al. v. Utility Partners of America, City of Santa Rosa, et al. Attachments: Staff Report Resolution Exhibit A - Fourth Amendment to PSA This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-127 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NUMBER F002270 WITH GEARY, SHEA, O'DONNELL, GRATTAN & MITCHELL P.C. FOR LEGAL REPRESENTATION 12.2 RESOLUTION - APPROVAL OF THE TOW VENDOR FRANCHISE LIST FOR POLICE GENERATED TOW OPERATIONS RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) grant police generated vehicle tow franchises to the tow operators identified in Exhibit A to the Resolution; 2) authorize tow agreements with these franchisees in substantially the same form as Exhibit B 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 agreements. Attachments: Staff Report Resolution Exhibit A- Tow Vendor List Exhibit B- Franchise Tow Agreement This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-128 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING VEHICLE TOW FRANCHISES AND AUTHORIZING FRANCHISE AGREEMENTS WITH VARIOUS TOW OPERATORS 12.3 RESOLUTION - PROFESSIONAL SERVICE AGREEMENT WITH MACIAS GINI & O’CONNELL LLP FOR CITY OF SANTA ROSA FINANCIAL AUDIT SERVICES RECOMMENDATION: It is recommended by the Finance Department that the Council, by resolution, approve a Professional Service Agreement Number F002643 with Macias Gini & O’Connell LLP, City of Santa Rosa Regular Meeting Minutes Page 8 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Sacramento, California, for City of Santa Rosa Audit Services in the amount of $1,173,275 covering five fiscal years of audit services with a contingency amount of $455,785 for miscellaneous elective services as needed, for a total amount not to exceed $1,629,060. Attachments: Staff Report Resolution Exhibit A This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-129 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH MACIAS GINI & O'CONNELL LLP FOR FINANCIAL AUDIT SERVICES 12.4 RESOLUTION - IN SUPPORT OF THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM GRANT FUNDING RECOMMENDATION: It is recommended by the City Manager’s Office that the Council, by resolution:, 1) approve the submittal of a State Grant application under the Transformative Climate Communities Program for a variety of community initiatives focused in Southwest Santa Rosa; 2) authorize the City Manager to submit grant applications, accept grant awards, execute grant agreements, and execute all related documents and any amendments thereto on behalf of the City. Attachments: Staff Report Attachment 1 - TCC Grant Project Map Attachment 2 - Intro to TCC Development Track Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2023-130 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SUBMITTAL OF A STATE GRANT APPLICATION UNDER THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT APPLICATIONS, ACCEPT GRANT AWARDS, EXECUTE GRANT AGREEMENTS, AND EXECUTE ALL RELATED DOCUMENTS ON BEHALF OF THE CITY. 12.6 ORDINANCE ADOPTION - SECOND READING -ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SALARY AND OTHER COMPENSATION AND BENEFITS FOR THE LAW FIRM City of Santa Rosa Regular Meeting Minutes Page 9 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 OF BURKE, WILLIAMS & SORENSEN, LLP AS INTERIM CITY ATTORNEY RECOMMENDATION: This ordinance, introduced at the July 11, 2023, Regular Meeting by a 7-0-0 vote, establishes the salary and other compensation and benefits for the Law Firm of Burke, Williams & Sorensen, LLP, as interim City Attorney. Attachments: Ordinance This Consent - Ordinance was adopted on second reading. ORDINANCE NO. ORD-2023-010 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SALARY AND OTHER COMPENSATION AND BENEFITS FOR THE LAW FIRM OF BURKE, WILLIAMS & SORENSEN, LLP AS INTERIM CITY ATTORNEY 12.5 ORDINANCE ADOPTION - SECOND READING (PART 2 OF 2) - ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE SANTA ROSA CITY CODE, CHAPTER 20-48, SHORT-TERM RENTALS, TO REVISE AND ADD NEW DEFINITIONS AND POLICIES, AND TO INCORPORATE TECHNICAL CHANGES TO IMPROVE FUNCTIONALITY AND AID IN IMPLEMENTATION AND ENFORCEMENT; FILE NUMBER REZ23-001 RECOMMENDATION: This ordinance, introduced at the June 6, 2023, Regular Meeting by a 6-1-0 vote (Fleming no), amends Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals, to revise and add new definitions and policies, and to incorporate technical changes to improve functionality and aid in implementation and enforcement. It is recommended by the Planning Commission and the Planning and Economic Development Department that the Council hold a second reading and adopt an ordinance amending the text of Title 20 of the Santa Rosa City Code, Chapter 20-48, Short-Term Rentals (STRs), to revise the Ordinance to: (a) provide a permanent 30-day grace period for submitting renewal applications, (b) clarify that allowed outdoor burning at non-hosted STRs only includes natural gas and propane appliances, (c) clarify that outdoor burning regulations do not apply to hosted STRs, (d) provide for transfer of STRs to family members under City of Santa Rosa Regular Meeting Minutes Page 10 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 certain circumstances, (e) allow Owners with multiple STR Permits to retain those permits, (f) require hosted STR Permit applicants to file an affidavit that they will live on site, (g) provide a tiered violation penalty schedule, (h) require a fine for first violations of TOT/BIA and operating without a Permit, (i) clarify that after a third violation a Permit is revoked permanently, (j) provide that the cap on non-hosted STR Permits will be reduced through natural attrition, prohibit new non-hosted STR Permit applications, and provide for reconsideration by Council in two years, and (k) require the City to send renewal reminder notifications to Permit holders. Attachments: Staff Report Attachment 1 - Public Correspondence Ordinance Late Correspondence (Uploaded 07-25-2023) Late Correspondence (Uploaded 07-26-2023) Ordinance - Redlined (Uploaded 07-28-2023) Ordinance (Uploaded 07-28-2023) Ordinance - Final (uploaded 8/2/2023) Vice Mayor MacDonald asked questions and requested changes related to Item 12.5. PUBLIC COMMENT: Eric Fraser, Truth in Tourism, spoke on Item 12.5. J. Storie spoke in support of Short Term Rentals and in opposition the the restrictive nature of the ordinance. Charles spoke in support of Short Term Rentals and provided suggestions for improving the ordinance. Lauren Requarth spoke in support of Short Term Rentals and in opposition in some of the suggested modfications being made to the ordinance. Alex C. spoke in support of Short Term Rentals and in opposition to the harassment of short term rental providers. Carl spoke in support of Short Term Rentals and in opposition to City of Santa Rosa Regular Meeting Minutes Page 11 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 treatment of short term rental providers. Dan Gudino spoke in support of Short Term Rentals. A motion was made by Council Member Fleming, seconded by Vice Mayor MacDonald, to direct staff to amend ordinance language to clarify description of principal residence. Council Member C. Rogers requested friendly amendment to put it in the permit application not in the ordinance. Council Member Fleming and Vice Mayor MacDonald accepted the friendly amendment. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers A motion was made by Council Member Fleming, seconded by Council Member Alvarez, to direct staff to amend Section G(1) Transferability - to transfer to spouse or domestic partner only and strike out remaining language. The motion carried by the following vote: Yes: 4 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, and Council Member Chris Rogers No: 2 - Council Member Jeff Okrepkie, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers A motion was made by Vice Mayor MacDonald, seconded by Council Member Fleming, to direct staff to amend ordinance to strike requirement to bring back discussion and reconsideration of the cap in two years. Council Member C. Rogers provided friendly amendment to remove language around specific reconsideration on cap, but still require staff to come back in two years for a study session to share impacts of the ordinance. Vice Mayor MacDonald and Council Member Fleming accepted the friendly amendment. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp City of Santa Rosa Regular Meeting Minutes Page 12 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Absent: 1 - Mayor Natalie Rogers A motion was made by Council Member Okrepkie, seconded by Council Member Fleming, to direct staff to amend Chapter 20-48.080 Enforcement (C) Revocation to be applicable to subject property that received the citations. The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers A motion was made by Council Member Alvarez, seconded by Council Member Fleming, to waive reading of the text and adopt as amended ORDINANCE NO. ORD-2023-011 ENTITLED: ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING ZONING CODE TEXT AMENDMENTS TO TITLE 20 OF THE SANTA ROSA CITY CODE, CHAPTER 20-48, SHORT-TERM RENTALS, TO REVISE AND ADD NEW DEFINITIONS AND POLICIES, AND TO INCORPORATE TECHNICAL CHANGES TO IMPROVE FUNCTIONALITY AND AID IN IMPLEMENTATION AND ENFORCEMENT; FILE NUMBER REZ23-001 The motion carried by the following vote: Yes: 6 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 1 - Mayor Natalie Rogers 13. PUBLIC COMMENT ON NON-AGENDA MATTERS Duane DeWitt spoke on building culture and provided examples for Sebastapol Road and the Downtown Plan. 14. REPORT ITEMS Present: 5 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 2 - Mayor Natalie Rogers, and Council Member Victoria Fleming City of Santa Rosa Regular Meeting Minutes Page 13 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Vice Mayor MacDonald took Item 14.3 ahead of 14.1 and 14.2 due to the nature and community participation in Council Chamber. Council Member Fleming left the dais at 6:02 p.m. 14.3 REPORT - DECLARING THE FUTURE SOUTHEAST GREENWAY PROPERTY FOR A PUBLIC PURPOSE, APPROVING A DEED RESTRICTION FOR SAME, AND ESTABLISHING PARK LAND REQUIREMENTS FOR LAND RETAINED BY THE CALIFORNIA DEPARTMENT OF TRANSPORTATION BACKGROUND: The California Department of Transportation is the owner of approximately 58 acres of excess land between Farmers lane and Spring Lake Regional Park. The City now desires to purchase approximately 49 acres (Southeast Greenway Property) for the Southeast Greenway Project and Caltrans shall retain the remainder for housing development (Developable Parcels). Caltrans has requested the City to declare the Southeast Greenway Property for a public purpose in perpetuity, approve a deed restriction at transfer for same, establish park land requirements for the Developable Parcels, and approve negotiation and execution authority for the purchase and sale agreement. RECOMMENDATION: It is recommended by Real Estate Services, the Transportation and Public Works and Recreation and Parks Departments that the Council, by resolution: 1) declare that the future Southeast Greenway Property will be used for a public purpose in perpetuity; 2) approve a deed restriction to be recorded upon the transfer of the Southeast Greenway Property for same; 3) declare that the future development of one or more dwelling units located within the Developable Parcels shall not be required to comply with Santa Rosa City Code Sections 19-70.020 through 19-70.050 pertaining to park land dedication; 4) authorize the Real Property Manager to negotiate the price and terms of the agreement ; and 5) authorize the City Manager to execute an agreement with the California Department of Transportation for the purchase and sale of the Southeast Greenway Property. City of Santa Rosa Regular Meeting Minutes Page 14 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Attachments: Staff Report Attachment 1 - Southeast Greenway Illustrative Map Resolution Exhibit A - Appraisal Mapping Presentation Resolution - Redlined (Uploaded 07-25-2023) Resolution - Revised (Uploaded 07-25-2023) Presentation (Uploaded 07-25-2023) Late Correspondence (Uploaded 07-25-2023) Late Correspondence (Uploaded 07-26-2023) Late Correspondence (Uploaded 07-28-2023) Jill Scott, Real Property Manager, presented and answered questions from Council. PUBLIC COMMENT: Duane DeWitt spoke in support of the item. Linda Proulx spoke in support of the item. John McCaull, Sonoma Land Trust, spoke in support of the item. Eris Weaver, Sonoma Bike Coalition, spoke in support of the item. Allison F provided a pre-recorded comment in support of the item. Elaine W. provided a pre-recorded comment in support of the item. Laurie Lynn H. pre-recorded comment in support of the item. Thea H. provided a pre-recorded comment in support of the item. Gregory Fearon spoke in support of the item. A motion was made by Council Member Stapp, seconded by Council Member C. Rogers, to waive reading of the text and adopt RESOLUTION NO. RES-2023-131 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA DECLARING THE FUTURE SOUTHEAST GREENWAY PROPERTY FOR A PUBLIC PURPOSE IN PERPETUITY, APPROVING A DEED RESTRICTION FOR SAME, , City of Santa Rosa Regular Meeting Minutes Page 15 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 DECLARING THAT THE FUTURE DEVELOPMENT OF ONE OR MORE DWELLING UNITS LOCATED WITHIN THE DEVELOPABLE PARCELS (AS DESCRIBED BELOW) SHALL NOT BE REQUIRED TO COMPLY WITH SANTA ROSA CITY CODE SECTIONS 19-70.020 THROUGH 19-70.050 PERTAINING TO PARK LAND DEDICATION,  AUTHORIZING THE REAL PROPERTY MANAGER TO NEGOTIATE THE PRICE AND TERMS OF A PURCHASE AGREEEMNT,  AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE PURCHASE OF THE SOUTHEAST GREENWAY PROPERTY. The motion carried by the following vote: Yes: 5 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 2 - Mayor Natalie Rogers, and Council Member Victoria Fleming Vice Mayor MacDonald called for brief recess at 6:41 p.m. to clear Council Chamber and reset for next presentations, also announced the re-order of the agenda to hear the public hearing Item 15.1 before Items 14.1 and 14.2 and reconvened at 6:46 p.m. 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. City of Santa Rosa Regular Meeting Minutes Page 16 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Attachments: Staff Report Attachment 1 - Weed Abatement Summary Resolution Exhibit A - Unpaid Weed Abatement Report - 2022 Presentation Public Hearing Notice Paul Lowenthal, Division Chief Fire Marshal, presented and answered questions from Council. Vice Mayor MacDonald opened the public hear at 6:49 p.m. No public comments were made. Vice Mayor MacDonald closed the public hearing at 6:50 p.m. A motion was made by Council Member Alvarez, seconded by Council Member Okrepkie, to waive reading of the text and adopt RESOLUTION NO. RES-2023-132 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: 5 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 2 - Mayor Natalie Rogers, and Council Member Victoria Fleming 14.1 REPORT - WATER SUPPLY ASSESSMENT FOR THE SANTA ROSA GENERAL PLAN 2050 BACKGROUND: State Senate Bill 610 (SB 610), chaptered in 2001 and codified as California Water Code Section 10910 et seq (California Water Code), requires water suppliers to provide a Water Supply Assessment (WSA) to land use planning agencies for any proposed projects which are subject to the California Environmental Quality Act (CEQA) and would demand an amount of water equivalent to or greater than the amount of water required by 500 dwelling units. The proposed City of Santa Rosa Regular Meeting Minutes Page 17 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Santa Rosa General Plan 2050 (Project) prepared by the City of Santa Rosa (City) Planning & Economic Development Department (PED) is subject to CEQA, fits the definition of a “project” under California Water Code (CWC) 10912(a)(7), and is subject to California Water Code requirements. As requested by PED, Santa Rosa Water prepared a WSA for the Project. The WSA concludes that the City’s existing and projected water supplies are sufficient to meet the projected new water demand associated with the Project in addition to current and future uses for a 20-year horizon through 2043, with implementation of demand management measures in dry years as needed. After approval, the WSA will be included as an attachment to the Environmental Impact Report for the Project. RECOMMENDATION: It is recommended by Santa Rosa Water that the Council, by resolution, approve the Water Supply Assessment for the Santa Rosa General Plan 2050. Attachments: Staff Report Resolution Exhibit A Presentation Council Member Alvarez left the dais at 6:52 p.m. Colin Close, Senior Water Resources Planner, and Chris Hughes, Woodard and Curran, presented and answered questions from Council. A motion was made by Council Member Stapp, seconded by Council Member C. Rogers, to waive reading of the text and adopt RESOLUTION NO. RES-2023-133 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE WATER SUPPLY ASSESSMENT FOR THE SANTA ROSA GENERAL PLAN 2050 The motion carried by the following vote: Yes: 4 - Vice Mayor Dianna MacDonald, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 3 - Mayor Natalie Rogers, Council Member Eddie Alvarez, and Council Member Victoria Fleming 14.2 REPORT - POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT City of Santa Rosa Regular Meeting Minutes Page 18 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 BACKGROUND: The Santa Rosa Police Department will provide a presentation to summarize the contents of their annual military equipment report as required per Assembly Bill No. 481. Upon approval of a resolution by Council, The Santa Rosa Police Department will be allowed to continue to use the military equipment they possess and make any future purchases they have identified. RECOMMENDATION: It is recommended by the Police Department that the Council, by resolution: 1) approve the Santa Rosa Police Department Annual Military Equipment Report which complies with the requirements of AB 481; 2) review Ordinance No. ORD-2022-007; and 3) renew Ordinance No. ORD-2022-007, codified as Chapter 2-38 of the Santa Rosa City Code per California Assembly Bill No. 481. Attachments: Staff Report Attachment 1-Military Equipment Use Ordinance Attachment 2- Policy Resolution Exhibit A-SRPD Military Equipment Report Presentation Council Member Alvarez rejoined the meeting at 7:10 p.m. John Cregan, Chief of Police, and Daniel Marinck, Captain, presented and answered questions from Council. PUBLIC COMMENT: Victor Castro spoke on the item. A motion was made by Council Member Okrepkie, seconded by Council Member Stapp, to waive reading of the text and adopt RESOLUTION NO. RES-2023-134 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SANTA ROSA POLICE DEPARTMENT MILITARY EQUIPMENT REPORT AND RENEWING CITY OF SANTA ROSA ORDINANCE NO. ORD-2022-007, CODIFIED AS CHAPTER 2-38 OF THE SANTA ROSA CITY CODE MILITARY EQUIPMENT ORDINANCE The motion carried by the following vote: City of Santa Rosa Regular Meeting Minutes Page 19 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Yes: 5 - Vice Mayor Dianna MacDonald, Council Member Eddie Alvarez, Council Member Jeff Okrepkie, Council Member Chris Rogers, and Council Member Mark Stapp Absent: 2 - Mayor Natalie Rogers, and Council Member Victoria Fleming 16. WRITTEN COMMUNICATIONS 16.1 STATE AND FEDERAL LEGISLATIVE UPDATES: · Support for AB 334 (Rubio) -- Public contracts: conflicts of interest. Provided for information. · Support for AB436 (Alvarez) -- Vehicles. Provided for information. · Opposition to AB 480 (Ting) -- Surplus land. Provided for information. · Support for AB 557 (Hart) -- Open meetings: local agencies: teleconferences. Provided for information. · Support for AB 1594 (Garcia) -- Medium- and heavy-duty zero-emission vehicles: public agency utilities. Provided for information. · Support for SB 233 (Skinner) -- Electric vehicles and electric vehicle supply equipment: bidirectional capability. Provided for information. · Support for SB 504 (Dodd) -- Wildfires: defensible space: grant programs: local governments. Provided for information. · Support for SB 747 (Caballero) -- Land use: economic development: surplus land. Provided for information. · Support for H.R. 3238 (LaHood) -- The Affordable Housing Credit Improvement Act. Provided for information. · Support for S. 1557 (Cantwell): The Affordable Housing Credit Improvement Act. Provided for information. City of Santa Rosa Regular Meeting Minutes Page 20 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Attachments: Legislative Memo Bill Text AB 334 - Public contracts: conflicts of interest AB 334 Letter of Support Bill Text AB 436 - Vehicles AB 436 Letter of Support Bill Text AB 480 - Surplus Land AB 480 Letter of Opposition Bill Text AB 557 - Open meetings: local agencies: teleconferences AB 557 Letter of Support Bill Text AB 159 - Medium and heavy duty zero emissions vehicles: public agency utilities AB 1594 Letter of Support Bill Text SB 233 - Electric vehicles and electric vehicle supply equipment: bidirectional capability. SB 233 Letter of Support Bill Text SB 504 - Wildfires: defensible space: grant programs: local governments SB 504 Letter of Support Bill Text SB 747 - Land use: economic development: surplus land SB 747 Letter of Support Bill Text HR 3238 - The Affordable Housing Credit Improvement Act HR 3238 Letter of Support Bill Text Senate 1557 - The Affordable Housing Credit Improvement Act S 1557 Letter of Support 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] None. 19. ADJOURNMENT OF MEETING Vice Mayor MacDonald adjourned the meeting at 7:33 p.m. The next regular meeting will be held on August 8, 2023, at time set by the Mayor. 20. UPCOMING MEETINGS 20.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 21 of 21 City Council Regular Meeting Minutes - Final July 25, 2023 Approved on: August 8, 2023 /s/ Dina Manis, City Clerk