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, August 20, 2024 2:00 PM 1. CALL TO ORDER AND ROLL CALL Mayor N. Rogers called the meeting to order at 2:03 p.m. Present: 5 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, and Council Member Jeff Okrepkie Absent: 2 - Council Member Dianna MacDonald, and Council Member Chris Rogers 2. REMOTE PARTICIPATION UNDER AB 2449 (IF NEEDED) 3. ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC COMMENT Stephen DelPorto, Director of Santa Rosa Firefighters, spoke on Item 3.2 requesting review of the entire proposal and discussing current issues with firefighter recruitment. Ken Martin, labor negotiator for firefighters, spoke on Item 3.2 and discussed recruitment issues, loss of SAFER grant funds due to hiring requirements, the need to be comparable with East Bay, South Bay and Peninsula departments, and requested review of the total package. Mayor N. Rogers recessed to closed session at 2:09 p.m. to discuss Items 3.1 and 3.2 as listed on the agenda. 3.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Esabela Maria Gatlin and Ashley Anurag Singh v. City of Santa Rosa United States District Court - Northern District of California Case No. 3:24-cv-01718-JD This item was received and filed. City of Santa Rosa Regular Meeting Minutes Page 2 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 3.2 CONFERENCE WITH LABOR NEGOTIATORS (Government Code Section 54957.6) Agency Designated Representatives: Maraskeshia Smith, City Manager; Alan Alton, Chief Financial Officer; Dominique Blanquie, Human Resources Director; Siara Goyer, Employee Relations Manager; and Burke Dunphy of Sloan Sakai Yeung & Wong LLP. Employee Organizations: Santa Rosa Firefighters Association - Local 1401 (representing City Employee Unit 2). Attachments: Correspondence This item was received and filed. Mayor N. Rogers adjourned closed session at approximately 3:34 p.m. and reconvened to the study session at 3:46 p.m. 4. STUDY SESSION Present: 4 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Victoria Fleming, and Council Member Jeff Okrepkie Absent: 3 - Council Member Eddie Alvarez, Council Member Dianna MacDonald, and Council Member Chris Rogers 4.1 UPDATE ON CAPITAL IMPROVEMENT PROGRAM It is recommended by the Transportation and Public Works Department that the Council hold a Study Session to receive an update on the Capital Improvement Program and discuss prioritization criteria for future Capital Improvement Program investments. This item is provided for Council’s information and no action is required to be taken except for possible direction to staff. Attachments: Staff Report Presentation Revised Presentation (Uploaded 08-20-2024) Late Correspondence (Uploaded 08-20-2024) Late Correspondence (Uploaded 08-21-2024) Dan Hennessey, Director of Transportation and Public Works, presented and answered questions from Council. Eris Weaver, Executive Director of the Sonoma County Bicycle Coalition, spoke in support of Item 4.1, prioritizing climate, safety and equity, and requesting new and widening roadways be removed City of Santa Rosa Regular Meeting Minutes Page 3 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 from the list, and questioned the pavement condition index. Calum Weeks spoke in support of the bicycle pedestrian overpass and bicycle/pedestrian safety. Chris Guenther, Bikeable Santa Rosa, spoke on Council goals and values and importance of the viability of the network for allowing people to rely on non-car means of transportation. Council Members Chris Rogers and Eddie Alvarez joined the meeting at 4:09 p.m. 6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS Teresa Stricker, City Attorney, reported a study session was held regarding the Capital Improvement Program and Council met in closed session on Items 3.1 and 3.2, with Council Member Chris Rogers present, and no reportable action was taken. No public comments were made. 7. PROCLAMATIONS/PRESENTATIONS 7.1 PROCLAMATION - WOMEN’S EQUALITY DAY Attachments: Proclamation Council Member Fleming read the proclamation and presented it to Ana Diaz-Garcia. Ana Diaz-Garcia and Melanie Jones-Carter of the Commission on the Status of Women in Sonoma County, thanked the Council and accepted the Proclamation. No public comments were made. Mayor N. Rogers announced Item 11.1.12 would be called out of order. 11.1.12 Other 11.1.12.1 MOTION - APPROVAL OF VICE MAYOR MARK STAPP’S ABSENCES FROM REGULAR CITY COUNCIL MEETINGS City of Santa Rosa Regular Meeting Minutes Page 4 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 BACKGROUND: Vice Mayor Mark Stapp has submitted a notice that he will be absent from the City from September 6, 2024 through September 14, 2024, and will not attend the September 10, 2024 regular City Council meeting. Rule I.F. of the City Council Procedures and Protocols provides that “[i]f a Councilmember is absent without Council permission from all regular City Council meetings for thirty (30) days consecutively from the last regular meeting he/she attends, his/her office becomes vacant and shall be filled as any other vacancy.” As Vice Mayor Stapp plans to attend the August 20, 2024 regular Council meeting and not attend a regular Council meeting again until September 24, 2024, as the September 17, 2024 regular Council meeting was cancelled, he will have been absent from all regular Council meetings for more than thirty consecutive days within the meaning of Rule I.F. The City Attorney recommends excusing Vice Mayor Stapp’s absences from regular Council meetings through the end of September out of an abundance of caution should he be unable to attend the September 24, 2024 regular Council meeting as currently planned. RECOMMENDATION: It is recommended by the City Attorney that the Council, by motion, approve Vice Mayor Stapp’s absences from regular City Council meetings from August 21, 2024, through the end of September 2024. Attachments: Council Procedures and Protocols No public comments were made. A motion was made by Council Member Alvarez, seconded by Council Member C. Rogers, to approve Vice Mayor Stapp's absences from regular City Council meetings from August 21, 2024, through the end of September 2024. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald City of Santa Rosa Regular Meeting Minutes Page 5 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Teresa Sticker, City Attorney, advised Council Member Dianna MacDonald had an unexpected need to be absent from today's regular meeting and the next regularly scheduled Council meeting is on September 10. Council Member MacDonald last attended the August 6, 2024, regular meeting. Under Rule I.F. of the City Council Procedures and Protocols provides that "[i]f a Councilmember is absent without Council permission from all regular City Council meetings for thirty (30) days consecutively from the last regular meeting he/she attends, his/her office becomes vacant and shall be filled as any other vacancy." As Council Member MacDonald last attend the August 6, 2024 regular Council meeting and will not attend a regular Council meeting again until September 10, 2024, she will have been absent from all regular Council meetings for more than thirty consecutive days within the meaning of Rule I.F. The absence was unanticipated and the reason for the absence did not arise until after the final agenda was published on August 14, 2024. The City Council must therefore make a determination to hear the action before any action can be taken on excusal of the absence. Under the Brown Act, the City Council can take action on an item not appearing on the final agenda, with a two-step process, and upon determination of 2/3 of the body if there are 5 members present, otherwise a unanimous vote. As there are currently 6 members present at least 5 members must vote affirmatively to add the item to the agenda. The City's Open Government Ordinance has identical language and process that is set forth under the Brown Act. The City Attorney recommends the Council 1) makes a determination to hear the item that did not appear on the agenda due to the immediate need to take action and that need arose and came to the City's attention after the final agenda was published and 2) approve Council Member MacDonald's absences from regular Council meetings through September 13, 2024, out of an abundance of caution should she be unable to attend the September 10, 2024 regular Council meeting as currently planned. PUBLIC COMMENT Duane De Witt spoke regarding past Council Members' attendance and the importance of regular meeting attendance. 11.1.12.2 MOTION - TO ADD ITEM REGARDING COUNCIL MEMBER DIANNA MACDONALD'S ABSENCE TO THE AGENDA City of Santa Rosa Regular Meeting Minutes Page 6 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 A motion was made by Council Member Rogers, seconded by Vice Mayor Stapp, to make findings of good cause to add this item to the agenda due to the immediate need for action which was identified after the final agenda was published. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 11.1.12.3 MOTION - APPROVAL OF COUNCIL MEMBER DIANNA MACDONALD’S ABSENCES FROM REGULAR CITY COUNCIL MEETINGS PUBLIC COMMENT Duane De Witt spoke on prior Council Member Julie Combs buying a property in Ecuador due to her husband's health reasons, while maintaining an address in Santa Rosa, and the public being allowed to speak 3 minutes on multiple consent items. A motion was made by Council Member C. Rogers, seconded by Council Member Fleming, to approve Council Member MacDonald's absences from regular Council meetings through September 13, 2024. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 8. STAFF BRIEFINGS 8.1 REDWOOD BIKESHARE PILOT PROGRAM Staff will provide information on a multi-city bikeshare pilot program coordinated by the Sonoma County Transportation Authority (SCTA) and the Transportation Authority of Marin (TAM). No action will be taken except for possible direction to staff. Attachments: Presentation Torina Wilson, Transportation Planner, and Dana Turrey, Senior City of Santa Rosa Regular Meeting Minutes Page 7 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Transportation Planner with Sonoma County Transportation Authority, presented and answered questions from Council. PUBLIC COMMENT Duane De Witt spoke in favor of the pilot program with a reminder to be cautious of theft and a request for additional bike lanes in Roseland. Eris Weaver of Sonoma County Bicycle Coalition spoke in favor. This item was received and filed. 9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS Maraskeshia Smith, City Manager, reported the City is currently accepting applications to fill vacancies on boards, commissions and committees, which allows volunteer opportunities for residents to engage in city government. Applications can be completed at srcity.org/boards. In preparation for the transit mall rehabilitation project, the City will relocate the downtown transit mall to First Street, in front of City Hall. The relocation will take place September 3 and is expected to last two to three months. During this time, First Street access along this block will be limited to public transit vehicles and parking will be temporarily removed. The transit mall passenger service kiosk will be relocated to the City Hall Annex. Additional details are available at srcitybus.org/relocation. Saturday, August 24, from 10:00 a.m. to noon the Parks Department will host a community meeting at Lighthouse Christian Church on Bennett Valley Road to discuss and get community feedback on the Martin Luther King Park and Trail master plan. Residents are encouraged to attend and provide input on the proposed park design and the amenities. Spanish interpretation and supervision for children will be available. Additional information is available at srcity.org/mlkjrpark. 9.1 REPORT OF SETTLEMENTS AND ACTIVE LITIGATION The City Attorney will report on settlements over $50,000 through July 2024 as well as provide a summary of pending litigation against the City. City of Santa Rosa Regular Meeting Minutes Page 8 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Attachments: Litigation Report Teresa Sticker, City Attorney, reported no settlements over $50,000 were finalized in July with the caseload remaining at approximately 39 litigation matters with many cases in the discovery phase and many with trial dates assigned. No public comments were made. This item was received and filed. 10. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS No statements of abstention were made. 11. MAYOR'S/COUNCIL MEMBERS’ REPORTS Council Member Okrepkie reported on events recently attended, encouraged individuals to get involved in their community through service on city boards and commissions or in other ways, and appointed Jude Frates to the Community Advisory Board. Council Member Chris Rogers thanked Amy Holter for her service to the Community Advisory Board, advised residents to reach out if interested in serving on CAB and that he would make an appointment to the board at the next City Council meeting. Vice Mayor Stapp reported on events recently attended. Council Member Alvarez reported on the creation of the Roseland Chamber of Commerce. Mayor N. Rogers reported on events recently attended. No public comments were made. 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 City of Santa Rosa Regular Meeting Minutes Page 9 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Mayor N. Rogers reported the Climate Action Subcommittee met on August 7th but no action was taken due to a lack of quorum. 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 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 Homeless Coalition 11.1.10 Renewal Enterprise District (RED) Council Member Fleming provided a brief report. 11.1.11 Public Safety Subcommittee 12. APPROVAL OF MINUTES 12.1 August 6, 2024, Regular Meeting Minutes. Attachments: Draft Minutes No public comments were made. Approved as submitted. 13. CONSENT ITEMS PUBLIC COMMENT Duane DeWitt spoke in support of Items 13.3 and 13.5 with a request to review the Roseland Creek Concept Plan. Elizabeth Evans with Dr. Talmadge Wright spoke in favor of Item City of Santa Rosa Regular Meeting Minutes Page 10 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 13.3 with a request to include Summerfield Road between Hoen and Montgomery Drive, and offered additional suggestions of traffic police posted during commute hours or installation traffic lights, installation of a flashing light crosswalk, electronic speed indicator, cameras to record licenses of speeding drivers, a traffic circle or speed tables. Speaker spoke in opposition to Items 13.7 and 13.8, has submitted arguments in opposition to the measures, and requests internal audits. Approval of the Consent Agenda A motion was made by Vice Mayor Stapp, seconded by Council Member C. Rogers, to waive reading of the text and adopt Consent Items 13.1 through 13.7. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 13.1 RESOLUTION - APPROVAL OF AMENDMENT TO PURCHASE ORDER 157176 WITH TARGETSOLUTIONS LEARNING, LLC FOR THE FIRE DEPARTMENT TRAINING PLATFORM AND EVALUATIONS PLUS MODULE RECOMMENDATION: It is recommended by the Fire and Finance Departments that the Council, by resolution, approve an Amendment to Purchase Order 157176 with TargetSolutions Learning, LLC, of Tampa, Florida, doing business as Vector Solutions for Training Platform license renewal and Evaluations Plus renewal in an amount not to exceed $48,053.10 for a total purchase order amount of $140,915.40 and extending the term for an additional three-year term. Attachments: Staff Report Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-134 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AMENDMENT TO PURCHASE ORDER 157176 WITH TARGETSOLUTIONS LEARNING, City of Santa Rosa Regular Meeting Minutes Page 11 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 LLC DBA VECTOR SOLUTIONS FOR THE FIRE DEPARTMENT TRAINING PLATFORM AND EVALUATIONS PLUS MODULE 13.2 RESOLUTION - EXTENSION OF BLANKET PURCHASE ORDER 167191 FOR ASPHALT CONCRETE SUPPLIES TO BO DEAN CO., INC. RECOMMENDATION: It is recommended by the Transportation and Public Works (TPW) and Finance Departments that the Council, by resolution, approve extension of Blanket Purchase Order (BPO) 167191 with Bo Dean Co., Inc., (BoDean), Santa Rosa, California, for asphalt supplies in the amount of $459,954 for a total not to exceed amount of $1,009,954. Attachments: Staff Report Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-135 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN EXTENSION OF BLANKET PURCHASE ORDER 167191 WITH BO DEAN CO., INC., SANTA ROSA, CALIFORNIA FOR ONE YEAR AND ADD $459,954 IN FUNDS FOR A TOTAL AMOUNT NOT TO EXCEED AMOUNT OF $1,009,954 13.3 RESOLUTION - ESTABLISHING SPEED LIMITS TO REDUCE VEHICLE SPEEDS TO BETWEEN 25-40 MILES PER HOUR ON 38 STREET SEGMENTS CITYWIDE INCLUDING ON STREETS IN THE HIGH INJURY NETWORK RECOMMENDATION: It is recommended by the Transportation and Public Works Department that the Council, by resolution, establish radar enforceable speed limits that reduce vehicle speeds to between 25-40 miles per hour on 38 street segments throughout the City, including on street segments that are part of the High Injury Network. Attachments: Staff Report Attachment 1-Vicinity Map Resolution Late Correspondence (Uploaded 08-20-2024) Late Correspondence (Uploaded 08-21-2024) This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-136 ENTITLED: RESOLUTION OF THE City of Santa Rosa Regular Meeting Minutes Page 12 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING RADAR ENFORCEABLE SPEED LIMITS THAT REDUCE VEHICLE SPEEDS TO BETWEEN 25-40 MILES PER HOUR ON 38 STREET SEGMENTS THROUGHOUT THE CITY, INCLUDING ON STREET SEGMENTS THAT ARE PART OF THE HIGH INJURY NETWORK 13.4 RESOLUTION - APPROPRIATION OF $813,966 IN GRANT FUNDING, AWARDED UNDER A SUB-AWARD AGREEMENT WITH SONOMA WATER FROM THE US BUREAU OF RECLAMATION WATERSMART FY 2023 WATER AND ENERGY EFFICIENCY GRANTS PROGRAM FUNDING FOR THE SONOMA-MARIN DROUGHT RESILIENCY PROGRAM, TO THE WATER ENTERPRISE FUND RECOMMENDATION: It is recommended by the Board of Public Utilities and Santa Rosa Water that the Council, by resolution, appropriate $813,966 in grant funding to the Water Enterprise Fund, from a sub-award agreement with Sonoma Water, the recipient of the US Bureau of Reclamation WaterSMART FY 2023 Water and Energy Efficiency Grants Program funding for the Sonoma-Marin Drought Resiliency Program. Attachments: Staff Report Attachment 1 - Funding Agreement Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-137 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA TO AUTHORIZE THE RECEIPT OF $813,966 IN GRANT FUNDING AWARDED UNDER A SUB-AWARD AGREEMENT WITH SONOMA WATER, THE RECIPIENT OF THE US BUREAU OF RECLAMATION WATERSMART FY 2023 WATER AND ENERGY EFFICIENCY GRANTS PROGRAM FUNDING FOR THE SONOMA-MARIN DROUGHT RESILIENCY PROGRAM 13.5 RESOLUTION - AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE ASSOCIATION OF BAY AREA GOVERNMENTS METROPOLITAN TRANSPORTATION COMMISSION’S PRIORITY CONSERVATION AREA GRANT PROGRAM FOR MASTER PLANNING AND DESIGN OF THE SOUTHEAST GREENWAY PROJECT RECOMMENDATION: It is recommended by the Recreation and Parks City of Santa Rosa Regular Meeting Minutes Page 13 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Department that the Council, by resolution: 1) approve a grant application to the Association of Bay Area Governments Metropolitan Transportation Commission’s (MTC) 2024 Priority Conservation Area Grant Program for Master Planning and design of the Southeast Greenway (Project) in the amount of $1,000,000 and authorize the City Manager or designee to submit the grant application on behalf of the Recreation and Parks Department; 2) authorize the City Manager or designee to accept the grant and execute any and all grant agreements, and all other documents necessary for the completion of the Master Planning and design of the Project, subject to approval by the City Attorney; and 3) authorize the Chief Financial Officer to increase appropriations by the approved grant amount. Attachments: Staff Report Resolution This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-138 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING SUBMITTAL OF A GRANT APPLICATION TO THE ASSOCIATION OF BAY AREA GOVERNMENTS METROPOLITAN TRANSPORTATION COMMISSION'S PRIORITY CONSERVATION AREA GRANT PROGRAM FOR MASTER PLANNING AND DESIGN OF THE SOUTHEAST GREENWAY PROJECT 13.6 RESOLUTION - ADMINISTRATIVE COST RECOVERY LIEN AGAINST THE REAL PROPERTY LOCATED AT 1645 HUMBOLDT STREET, SANTA ROSA, CALIFORNIA 95404 RECOMMENDATION: It is recommended by the Planning and Economic Development Department that the Council, by resolution, approve the administrative cost recovery lien in the amount of $8,570.47 against the property located at 1645 Humboldt Street, Santa Rosa, California 95404 for violations of the City Code that remain uncorrected by the responsible parties, Gerard Duenas, and authorize recording of a lien and placing the assessment on the property tax roll for collection. Attachments: Staff Report Attachment 1 - Administrative Enforcement Order Attachment 2 - Case File Photographs Attachment 3 - Vicinity Map Resolution Presentation City of Santa Rosa Regular Meeting Minutes Page 14 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 This Consent - Resolution was adopted. RESOLUTION NO. RES-2024-139 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA CONFIRMING THE AMOUNT OF AN ADMINISTRATIVE COST RECOVERY LIEN, CONFIRMING AND ORDERING THE RECOVERY OF ADMINISTRATIVE COSTS ASSESSED AND IMPOSED BY THE ADMINISTRATIVE HEARING OFFICER FOR VIOLATIONS OF CITY CODE PROVISIONS OCCURING ON THE PROPERTY AT 1645 HUMBOLDT STREET, SANTA ROSA, APN 180-460-027, AND ORDERING THE ADMINISTRATIVE COST RECOVERY LIEN BE COLLECTED ON THE TAX ROLL BY THE SONOMA COUNTY TAX COLLECTOR 13.7 ORDINANCE ADOPTION SECOND READING, SUBJECT TO VOTER APPROVAL - ORDINANCE OF THE CITY OF SANTA ROSA AMENDING CHAPTER 3-28 OF THE SANTA ROSA CITY CODE, ENTITLED “TRANSIENT OCCUPANCY TAX,” TO INCREASE BY 2% THE TAX PAID BY GUESTS AT HOTELS, MOTELS, AND OTHER LODGING ESTABLISHMENTS RECOMMENDATION: This ordinance, introduced at the August 6, 2024, Regular Meeting by a 7-0-0 vote, adopts an ordinance amending Chapter 3-28 of the Santa Rosa City Code increasing the Transient Occupancy Tax (TOT) by two percent (2%) for hotels, motels, and other lodging establishments upon voter approval. Attachments: Ordinance Ordinance (Redline 8.30.2024) Ordinance (Final 8.30.2024) This Consent - Ordinance was adopted on second reading, subject to voter approval. ORDINANCE NO. ORD-2024-XXX ENTITLED: ORDINANCE OF THE CITY OF SANTA ROSA AMENDING CHAPTER 3-28 OF THE SANTA ROSA CITY CODE, ENTITLED "TRANSIENT OCCUPANCY TAX," TO INCREASE BY 2% THE TAX PAID BY GUESTS AT HOTELS, MOTELS, AND OTHER LODGING ESTABLISHMENTS 13.8 ORDINANCE ADOPTION SECOND READING, SUBJECT TO VOTER APPROVAL - ORDINANCE OF THE CITY OF SANTA ROSA AMENDING CHAPTER 6-04 OF THE SANTA ROSA CITY CODE, ENTITLED “GENERAL BUSINESS TAX,” TO INCREASE THE City of Santa Rosa Regular Meeting Minutes Page 15 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 MAXIMUM TAX TO $10,000 ANNUALLY, ADJUST TAX RATES AND TAX SHORT-TERM RENTAL BUSINESSES RECOMMENDATION: This ordinance, introduced at the August 6, 2024, Regular Meeting by a 4-0-3 vote (Alvarez, Fleming, N. Rogers recused), adopts an ordinance amending Chapter 6-04 of the Santa Rosa City Code to amend the General Business Tax upon voter approval. Attachments: Ordinance ORDINANCE NO. ORD-2024-XXX ENTITLED: ORDINANCE OF THE CITY OF SANTA ROSA AMENDING CHAPTER 6-04 OF THE SANTA ROSA CITY CODE, ENTITLED "GENERAL BUSINESS TAX," TO INCREASE THE MAXIMUM TAX TO $10,000 ANNUALLY, ADJUST TAX RATES AND TAX SHORT-TERM RENTAL BUSINESSES This item has been continued to the September 24, 2024, regular City Council meeting. 14. PUBLIC COMMENT ON NON-AGENDA MATTERS PUBLIC COMMENT Calum Weeks, Generation Housing, spoke in support of affordable housing and Proposition 5 on the November 5 ballot, requesting Council submit a support letter in favor of this Proposition. Duane DeWitt spoke in favor of green space at the Roseland Village Project and throughout Roseland and advocated for Roseland businesses. Speaker spoke on the Community Advisory Board, the Capital Improvement Program and the Cultural Heritage Board. Mayor N. Rogers announced Item 16.1 would be called out of order. 16. PUBLIC HEARINGS 16.1 PUBLIC HEARING - PLACEMENT OF ANNUAL STORM WATER ENTERPRISE CHARGES ON THE SONOMA COUNTY PROPERTY City of Santa Rosa Regular Meeting Minutes Page 16 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 TAX ROLL - MANNER OF COLLECTION BACKGROUND: The City of Santa Rosa is required under the federal Clean Water Act to obtain and comply with a National Pollutant Discharge Elimination System (NPDES) and Waste Discharge Requirements for Discharges from the Municipal Separate Storm Sewer Systems (Storm Water Permit). To comply with permit requirements and to control and reduce flooding, property damage, erosion, and storm water quality degradation in the City, the Council, in 1996, added Title 16 to the City Code, which created a Storm Water Enterprise and Utility (“Storm Water Enterprise”) as an agency of the City. Under Title 16, the City Council is authorized to prescribe and collect charges (special assessments) for the services and facilities of the Storm Water Enterprise. The Council’s intention to collect the Storm Water Enterprise charges on the Sonoma County Property Tax Roll was stated in Resolution 22880, adopted in 1996, which levied the annual charges. The amount of the annual charges of the Storm Water Enterprise for fiscal year 2024-25 were adopted by the Santa Rosa City Council on June 18, 2024. This action only considers the manner in which the annual charges will be collected and not the amount of the fee. RECOMMENDATION: It is recommended by Santa Rosa Water and the Board of Public Utilities that the Council, by resolution, adopt by 2/3 vote the Storm Water Enterprise Charge Report and approve placement of the Storm Water Enterprise charges on the Sonoma County Property Tax Roll to be collected by the Sonoma County Auditor-Controller-Treasurer-Tax Collector at the same time and in the same manner as Sonoma County property taxes are collected, unless those charges do not meet the County minimum of $10 and/or parcel owner contact information is known to be incorrect. Attachments: Staff Report Attachment 1 - Storm Water Enterprise Charge Report Resolution Presentation Public Hearing Notice Katie Robinson, Research and Program Coordinator, and Claire Myers, Storm Water and Creeks Manager, presented the Item to Council. City of Santa Rosa Regular Meeting Minutes Page 17 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Mayor N. Rogers opened and closed the public hearing at 5:42 p.m. as no public comments were made. A motion was made by Vice Mayor Stapp, seconded by Council Member Orkepkie, to waive reading of the text and adopt RESOLUTION NO. RES-2024-140 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING "REPORT FOR PROPOSAL TO PLACE STORM WATER AND DRAINAGE CHARGES ON SONOMA COUNTY PROPERTY TAX ROLL FOR COLLECTION WITH COUNTY PROPERTY TAXES - FISCAL YEAR 2024-2025" The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 15. REPORT ITEMS 15.1 REPORT - APPROVAL OF HOMELESSNESS PREVENTION PILOT PROGRAM - KEEP PEOPLE HOUSED (KPH) - SONOMA FOR FY 2024/2025 and FY 2025/2026 BACKGROUND: All Home, a Bay Area nonprofit organization, has offered to expand its homelessness prevention model into Sonoma County and provide technical assistance and a financial match to support the proposed pilot program, Keep People Housed (KPH) - Sonoma. The City of Santa Rosa (City), County of Sonoma (County), and the City of Petaluma (Petaluma) are the three (3) local agencies participating in the program and providing the local funds. This item seeks Council approval of a Funding Agreement and Grant Agreement for $1.3 million in local funds for the two-year pilot program, which will be matched with $2.6 million from All Home, for a program total of $3.9 million. The Committee on the Shelterless (COTS) was selected to serve as the Lead Provider of KPH - Sonoma following a competitive Request for Proposals (RFP) released by the City on May 29, 2024. The $1.3 million in local funds will be awarded to COTS per the Grant Agreement. All Home will enter into a separate agreement with COTS for the administration of its $2.6 million. This item also seeks Council’s City of Santa Rosa Regular Meeting Minutes Page 18 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 endorsement of All Home’s Regional Action Plan 2024. RECOMMENDATION: It is recommended by the Housing and Community Services Department that the Council, by resolution: 1) approve and authorize the Director of Housing and Community Services to negotiate and execute, subject to approval as to form by the City Attorney a) an Agreement between the City of Santa Rosa, the County of Sonoma, and the City of Petaluma for the Funding of a Homelessness Prevention Pilot Program (Keep People Housed (KPH) - Sonoma) for Fiscal Years 2024/2025 and 2025/2026 (Funding Agreement) in the amount of $1.3 million, and b) a Grant Agreement for Keep People Housed (KPH) - Sonoma with the Committee on the Shelterless (Grant Agreement) in the amount of $1.3 million for the period October 1, 2024 to June 30, 2026; and 2) endorse All Home’s Regional Action Plan 2024 as part of its technical and financial support for the pilot program. Attachments: Staff Report Attachment 1 - All Home Regional Action Plan 2024 Attachment 2 - Request for Proposals Resolution Exhibit A Presentation Exhibit B Kelli Kuykendall, Housing and Community Services Manager, and Megan Basinger, Director, presented and answered questions from Council. PUBLIC COMMENT Sunny Noh of Legal Aid of Sonoma County spoke in support of Item 15.1. A motion was made by Council Member Fleming, seconded by Council Member Alvarez, to waive reading of the text and adopt RESOLUTION NO. RES-2024-141 ENTITLED: RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY SERVICES TO NEGOTIATE AND EXECUTE A) AN AGREEMENT BETWEEN THE CITY OF SANTA ROSA, THE COUNTY OF SONOMA, AND THE CITY OF PETALUMA FOR THE FUNDING OF A HOMELESSNESS PREVENTION PILOT City of Santa Rosa Regular Meeting Minutes Page 19 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 PROGRAM (KEEP PEOPLE HOUSED (KPH) - SONOMA) FOR FISCAL YEARS 2024/2025 AND 2025/2026 IN THE AMOUNT OF $1.3 MILLION, AND B) A GRANT AGREEMENT FOR KEEP PEOPLE HOUSED (KPH) - SONOMA WITH THE COMMITTEE ON THE SHELTERLESS (COTS) IN THE AMOUNT OF $1.3 MILLION FOR THE PERIOD OCTOBER 1, 2024 TO JUNE 30, 2026; AND ENDORSING ALL HOME'S REGIONAL ACTION PLAN 2024 The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 15.2* REPORT - OPPOSITION TO SONOMA COUNTY MEASURE J BACKGROUND: A county-wide initiative entitled “Prohibition on Concentrated Animal Feeding Operations” was placed on the November 5, 2024 general election ballot via the initiative process. The ballot initiative is also known as Measure J. The proposed ordinance before the electorate would require a simple majority to enact Measure J into law. The measure if enacted would phase out the operation of certain existing Concentrated Animal Feeding Operations (CAFOs) and prohibit any future CAFO from being approved. The measure would apply to the unincorporated areas of Sonoma County outside of the coastal zone. RECOMMENDATION: It is recommended by the Communications and Intergovernmental Relations Office that the Council, by motion, oppose Measure J on the Sonoma County ballot for the November 5, 2024 general election. If the Council adopts a formal position on Measure J, staff will send an advocacy letter to the proponents and opponents of the measure expressing the Council’s official position on the measure. Attachments: Staff Report Attachment 1 - Ballot Title and Summary, Measure J, Sonoma County Attachment 2 - Text of Measure J, Sonoma County Presentation Teresa Stricker, City Attorney, reported this Item was on the final agenda, but did not appear on the preliminary agenda. Under the Open Government ordinance, in order for Council to consider this item Council must make a finding of good cause with six affirmative City of Santa Rosa Regular Meeting Minutes Page 20 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 votes. A showing of good cause under the Open Government ordinance requires a finding by the Council that as a result of exceptional circumstances beyond the control of the Council, compliance with the 12 calendar day notice requirement would impose of substantial burden on the City's ability to conduct its business, or result in prejudice to a private person. Prior to making such a finding staff shall provide a detailed explanation of the reason the Item could not be provided to Council and members of the public within the 12 calendar day notice requirement. Vice Mayor Mark Stapp reported Council should review the Item today because of the significant impact Measure J would have on Santa Rosa businesses and jobs. Measure J would not simply end most animal focused agriculture in Sonoma County, companies like Clover and Straus, it would put hundreds of individuals out of work including many Santa Rosa residents. In addition, Santa Rosa residents that serve the agriculture industry including accountants, law firms, machine shops, etc., all local, would face significant economic impacts. This agenda Item could not be posted on the preliminary agenda because the City received notice only recently of an end of month deadline for Santa Rosa support to be intentionally included in many of the County wide campaign materials. Santa Rosa wants the opportunity to potentially join other cities in the County including Petaluma, Rohnert Park and others who have weighed in on Measure J. No public comments were made. A motion was made by Mayor N. Rogers, seconded by Vice Mayor Stapp, to consider hearing Item 15.2 based on good cause because as a result of exceptional circumstances beyond the control of the Council, compliance with the 12 calendar day agenda notice requirement would result in prejudice to a private person. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald Scott Alonso, Government Affairs Officer, and Brian Fructuoso City of Santa Rosa Regular Meeting Minutes Page 21 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 Zurita, Intern, presented the Item to Council. No public comments were made. A motion was made by Vice Mayor Stapp, seconded by Council Member Okrepkie, to oppose Measure J on the Sonoma County ballot for the November 5, 2024 general election and direct staff to send an advocacy letter to the proponents and opponents of the measure expressing the Council's official position on the measure. The motion carried by the following vote: Yes: 6 - Mayor Natalie Rogers, Vice Mayor Mark Stapp, Council Member Eddie Alvarez, Council Member Victoria Fleming, Council Member Jeff Okrepkie, and Council Member Chris Rogers Absent: 1 - Council Member Dianna MacDonald 17. WRITTEN COMMUNICATIONS 17.1 NOTICE OF FINAL MAP - Fir Ridge Meadows Subdivision - For Council action. Attachments: Notice of Submittal Location Map No public comments were made. This item was received and filed. 17.2 STATE AND FEDERAL LEGISLATIVE UPDATE • Federal Bill - Support Letter for H.R. 8560 (Takano): This bill is known as the End Veteran Homelessness Act of 2024. Provided for information. • State Bill -- Support Letter for AB 1827 (Papan): This bill is a Proposition 218 related-bill that would provide that the fees or charges for property-related water service imposed or increased, as specified, may include the incrementally higher costs of water service due to specified factors, including the higher water usage demand of parcels. Provided for information. • State Bill -- Comment Letter for ACA 10 (Aguiar Curry): This proposed constitutional amendment would replace ACA 1, which the City previously supported. ACA 10 would lower the threshold to approve an affordable housing our public infrastructure bond to 55 percent. We had concerns outlined in our letter relating to the changes from ACA 1 to City of Santa Rosa Regular Meeting Minutes Page 22 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 ACA 10 related to stormwater, utilities and the definition of affordable housing. Provided for information. • State Bill -- Support Letter for SB 366 (Caballero): This bill would update the California Water Plan. Provided for information. • State Bill -- Oppose Letter for SB 1037 (Wiener): Allow the Attorney General to take legal action against a city and seek fines up to $50,000 a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects. This bill is a Cal Cities priority bill. Provided for information. • State Bill -- Support Letter for SB 1330 (Archuleta): This bill will address shortcomings in proposed regulations for water use efficiency standards. We have commented in the past during the rulemaking process with the State Water Board. Provided for information. Attachments: Memorandum HR 8560 Letter of Support City of Santa Rosa MT HR 8560 Bill Text AB 1827 Letter of Support City of Santa Rosa AB 1827 Bill Text ACA 10 Comment Letter City of Santa Rosa ACA 10 Bill Text SB 366 Letter of Support City of Santa Rosa SB 366 Bill Text SB 1037 Oppose Letter City of Santa Rosa SB 1037 Bill Text SB 1330 Letter of Support City of Santa Rosa SB 1330 Bill Text No public comments were made. This item was received and filed. 18. PUBLIC COMMENT ON NON-AGENDA MATTERS - NONE. 19. ANNOUNCEMENT OF CONTINUED CLOSES SESSION ITEMS, RECESS TO CLOSED SESSION IN THE MAYOR'S CONFERENCE ROOM, RECONVENE TO OPEN SESSION, AND ANNOUNCEMENTS [IF NEEDED}1 20. ADJOURNMENT OF MEETING Mayor N. Rogers adjourned the meeting at 6:22 p.m. The next regularly scheduled meeting will be held on September 10, 2024, at a time to be set by the Mayor. 21. UPCOMING MEETINGS City of Santa Rosa Regular Meeting Minutes Page 23 of 23 City Council Regular Meeting Minutes - Final August 20, 2024 21.1 UPCOMING MEETINGS LIST Attachments: Upcoming Meetings List This item was received and filed. *Did not appear on the preliminary agenda. **Quasi-judicial or adjudicative action, ex-parte communication disclosure is required. Approved on: September 10, 2024 /s/ Rhonda Bolla, Deputy City Clerk