City Hall, Council Chamber

100 Santa Rosa Avenue

Santa Rosa, CA 95404

City of Santa Rosa

City Council

Regular Meeting Minutes - Final

Tuesday, February 14, 2023

3:30 PM

1. CALL TO ORDER AND ROLL CALL

Mayor N. Rogers called the meeting to order at 3:30 p.m.

6 -

Present:

Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council

Member Eddie Alvarez, Council Member Victoria Fleming, Council

Member Jeff Okrepkie, and Council Member Chris Rogers

1 - Council Member Mark Stapp

Absent:

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS - NONE.

3. INTERVIEWS FOR BOARDS, COMMISSIONS AND COMMITTEES

3.1

INTERVIEWS FOR HOUSING AUTHORITY VACANCIES

The Council will interview applicants for the Housing Authority to fill

three At-Large vacancies, each to serve a 4-year term expiring

December 31, 2026.

Staff Report

Attachments:

Attachment 1 - Notice of Availability of Applications

Attachment 2 - Council Policy 000-06

Attachment 3 - Housing Authority Resolution 1601

Council conducted applicant interviews for three at-large

representatives for the Housing Authority.

PUBLIC COMMENT

Duane DeWitt spoke regarding the housing element, thanked two of

the applicants for their service, and discussed downtown housing.

Mayor N. Rogers recessed the meeting at 3:46 p.m. and reconvened at 4:00 p.m.

4. STUDY SESSION - NONE.

5. ANNOUNCEMENT OF ROLL CALL (IF NEEDED)

6 -

Present:

Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council

Member Eddie Alvarez, Council Member Victoria Fleming, Council

Member Jeff Okrepkie, and Council Member Chris Rogers

1 - Council Member Mark Stapp

Absent:

6. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS - NONE.

7. PROCLAMATIONS/PRESENTATIONS - NONE.

8. STAFF BRIEFINGS

8.1

COMMUNITY EMPOWERMENT PLAN UPDATE

This will be a standing item on the agenda. No action will be taken

except for possible direction to staff.

Danielle Garduno, Office of Community Engagement, provided

updates on the Diversity, Equity and Inclusion Mini-Grant Program,

the Citywide Internship Program, and the next steps for the

Community Empowerment Plan.

PUBLIC COMMENT

Duane DeWitt spoke expressing concerns community

empowerment is not occurring in Roseland and other various parts

of the city.

This item was received and filed.

9. CITY MANAGER’S/CITY ATTORNEY’S REPORTS

Sue Gallagher, City Attorney, informed the Council of upcoming

changes to the Brown Act relating to remote appearances by

Council Members in meetings.

No public comments were made.

10. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS

Council Member Okrepkie announced he would be abstaining on

agenda Items 13.6 and 13.7 due to previously voting on these as a

Planning Commissioner.

11. MAYOR'S/COUNCIL MEMBERS’ REPORTS

Vice Mayor MacDonald reappointed Andrea Rodriguez to the

Community Advisory Board, reappointed Doug McKenzie to the

Bicycle and Pedestrian Advisory Board, appointed Omar Lopez to

the Board of Community Service, and provided a brief report on

community events recently attended.

Council Member Okrepkie provided a brief report on community

events recently attended.

Council Member Fleming reappointed Jorge Inocencio to the

Community Advisory Board Southwest position, and appointed

Deble Faulkner to the Art in Public Places Committee.

Council Member Alvarez provided a brief report on community

events recently attended.

Mayor N. Rogers provided a brief report on community events

recently attended and honored and thanked Stephanie Williams, City

Clerk, for her dedication and hard work over the past 30 years. The

following appointments were made:

Ann Baumgartner as Chair of the Art in Public Places Committee

Logan Pitts as Chair of the Board of Community Services

Calum Weeks as Chair of the Community Advisory Board

Dan Galvin as Chair of the Board of Public Utilities

Stephanie Williams, City Clerk, expressed her thanks for the

recognition and has been honored to serve the current and past

Councils and the organization.

PUBLIC COMMENT

Duane DeWitt spoke providing comment regarding A Place To Play

and other city parks.

Gregory Fearon spoke thanking Stephanie Williams for her service

as City Clerk.

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 C. Rogers provided a brief report on the

Special Economic Development Subcommittee meeting.

11.1.2 Sonoma County Transportation Authority/Regional Climate

Protection Authority (SCTA/RCPA)

Council Member C. Rogers provided a brief report.

11.1.3 Sonoma County Water Agency (SCWA) - Water Advisory Committee

Mayor N. Rogers provided a brief report.

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)

Council Member C. Rogers provided a brief report.

11.1.7 Zero Waste Sonoma (formerly known as Sonoma County Waste

Management Agency (SCWMA))

11.1.8 Groundwater Sustainability Agency (GSA)

Vice Mayor MacDonald provided a brief report.

11.1.9 Sonoma County Continuum of Care (CoC)

11.1.10 Renewal Enterprise District (RED)

Council Member Fleming provided a brief report.

11.1.11 Public Safety Subcommittee

11.1.12 Other

Council Member Fleming provided a brief report on the

Metropolitan Transportation Commission.

Vice Mayor MacDonald provided a brief report on the Violence

Prevention Committee.

11.2 BOARD, COMMISSION & COMMITTEE APPOINTMENTS

A motion was made by Council Member C. Rogers, seconded by

Council Member Alvarez, to reappoint Commissioner Owen. The motion

carried by the following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and

Council Member Rogers

1 - Council Member Stapp

Absent:

A motion was made by Council Member Okrepkie, seconded by Mayor

N. Rogers, to appoint Jeremy Newton. The motion carried by the

following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and

Council Member Rogers

1 - Council Member Stapp

Absent:

A motion was made by Mayor N. Rogers, seconded by Vice Mayor

MacDonald, to appoint Andrew Smith. The motion carried by the

following vote:

4 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

and Council Member Fleming

2 - Council Member Okrepkie, and Council Member Rogers

1 - Council Member Stapp

No:

Absent:

12. APPROVAL OF MINUTES

No public comments were made.

November 15, 2022, Regular Meeting.

12.1

12.2

12.3

Draft Minutes

Attachments:

Approved as submitted.

November 29, 2022, Regular Meeting.

Draft Minutes

Attachments:

Approved as submitted.

December 6, 2022, Regular Meeting.

Draft Minutes

Attachments:

Approved as submitted.

13. CONSENT ITEMS

Raissa De La Rosa, Deputy Director of Economic Development,

answered questions from Council regarding Item 13.2.

Doug Williams, Facilities Maintenance Coordinator, answered

questions from Council regarding Item 13.3.

PUBLIC COMMENT

Duane DeWitt spoke on Items 13.2 and 13.8, recommending public

workshops relating to Item 13.2, and advocating residents be

allowed to appear at all meetings in person and via Zoom, and for

reconsideration of the 3 minute limit for public speaking.

Approval of the Consent Agenda

A motion was made by Vice Mayor MacDonald and seconded by Council

Member C. Rogers to waive reading of the text and adopt Consent Items

13.1 through 13.5 and 13.8. The motion carried by the following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and Council

Member Rogers

1 - Council Member Stapp

Absent:

13.1

MOTION - AUTHORITY TO ISSUE DESIGN-BUILD REQUEST FOR

PROPOSALS FOR THE FULTON ROAD RIPARIAN HABITAT

MITIGATION PROJECT (CEQA EXEMPT)

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by motion, approve the use

of Design-Build procurement method as in the best interest of the City

and authorize issuance of a Design-Build Request for Proposals for the

Fulton Road Riparian Habitat Mitigation Project.

Staff Report

Attachments:

This Consent - Motion was approved.

13.2

RESOLUTION - AMENDED COUNCIL POLICY 000-47 “COMMUNITY

PROMOTION FUNDS” (CEQA EXEMPT)

RECOMMENDATION: It is recommended by the Planning and

Economic Development Department that the Council, by resolution,

adopt the Amended Council Policy 000-47 “Community Promotion

Funds.”

Staff Report

Attachments:

Attachment 1 - Original Policy 000-47

Attachment 2 - Redline Edits to Policy 000-47

Attachment 3 - Final Policy 000-47

Resolution

Exhibit A - Amended Council Policy 000-47 “Community Promotion Funds”

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-028 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE AMENDED

COUNCIL POLICY 000-47 "COMMUNITY PROMOTION FUNDS"

13.3

RESOLUTION - APPROVAL - SECOND AMENDMENT TO GENERAL

SERVICES AGREEMENT F002071 TO EXTEND THE TERM OF THE

CONTRACT AND INCREASE COMPENSATION WITH MATRIX HG,

INC. FOR HVAC MAINTENANCE SERVICES (CEQA EXEMPT)

RECOMMENDATION: It is recommended by the Transportation and

Public Works and Finance Departments that the Council, by resolution,

approve the Second Amendment to General Services Agreement

Number F002071 with Matrix HG, Inc., Concord, California for HVAC

maintenance services, for an additional one-year term and increase

compensation in the amount of $65,806.22, for a total amount not to

exceed $235,624.63.

Staff Report

Attachments:

Resolution

Exhibit A - Second Amendment to GSA F002071

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-029 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING A SECOND

AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F002071

WITH MATRIX HG, INC. EXTENDING THE TERM OF THE CONTRACT AND

INCREASING COMPENSATION

13.4

RESOLUTION - APPROVAL OF AMENDMENT TO BLANKET

PURCHASE ORDER 166149 WITH SMOTHERS PARTS

INTERNATIONAL, INC., SANTA ROSA, CALIFORNIA, FOR THE

PURCHASE OF AUTOMOTIVE PARTS AND SUPPLIES (CEQA

EXEMPT)

RECOMMENDATION: It is recommended by the Transportation and

Public Works and Finance Departments that the Council, by resolution,

approve an amendment to Blanket Purchase Order 166149 with

Smothers Parts International, Inc., Santa Rosa, California, for the

purchase of automotive parts and supplies, to increase compensation,

in the amount of $350,000 for a total amount not to exceed of $447,000.

Staff Report

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-030 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING AN AMENDMENT

TO BLANKET PURCHASE ORDER 166149 WITH SMOTHERS PARTS

INTERNATIONAL, INC. FOR THE PURCHASE OF AUTOMOTIVE PARTS

AND SUPPLIES

13.5

RESOLUTION - SPEED LIMITS ON CROSS CREEK ROAD (CEQA

EXEMPT)

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution, establish a

speed limit of 25 miles per hour on Cross Creek Road between Thomas

Lake Harris Drive and Cross Creek Circle North, and establish a speed

limit of 30 miles per hour on Cross Creek Road between Cross Creek

Circle North and Riebli Road.

Staff Report

Attachments:

Attachment 1 - Vicinity Maps

Resolution

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-031 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ESTABLISHING SPEED LIMITS

ON CROSS CREEK ROAD

13.8

RESOLUTION - MAKING REQUIRED MONTHLY FINDINGS AND

AUTHORIZING THE CONTINUED USE OF TELECONFERENCING

FOR PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE

CITY’S BOARDS, COMMISSIONS, AND COMMITTEES PURSUANT

TO ASSEMBLY BILL 361 UNTIL SUCH TIME THAT THE STATE AND

COUNTY DECLARATIONS OF PUBLIC HEALTH EMERGENCY ARE

LIFTED

RECOMMENDATION: It is recommended by the City Attorney that the

Council, by resolution, make required monthly findings and authorize

the continued use of teleconferencing for public meetings of the City

Council and all the City’s boards, commissions, and committees

pursuant to Assembly Bill 361 until such time that the state and county

declarations of public health emergency are lifted.

Resolution

Attachments:

The Consent - Resolution was adopted.

RESOLUTION NO. RE-2023-032 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA MAKING REQUIRED FINDINGS

AND AUTHORIZING THE CONTINUED USE OF TELECONFERENCING FOR

PUBLIC MEETINGS OF THE CITY COUNCIL AND ALL THE CITY'S

BOARDS, COMMISSIONS AND COMMITTEES PURSUANT TO ASSEMBLY

BILL 361 UNTIL SUCH TIME THAT THE STATE AND COUNTY

DECLARATIONS OF PUBLIC HEALTH EMERGENCY ARE LIFTED

A motion was made by Vice Mayor MacDonald and seconded by Council

Member C. Rogers to waive reading of the text and adopt Consent Items

13.6 and 13.7. The motion carried by the following vote:

5 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, and Council Member Rogers

1 - Council Member Stapp

Absent:

Abstain:

1 - Council Member Okrepkie

13.6

ORDINANCE ADOPTION - SECOND READING - ORDINANCE OF

THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE

PROPERTIES LOCATED AT 4646 BADGER ROAD AND 999 MIDDLE

RINCON ROAD, ALSO IDENTIFIED AS ASSESSOR’S PARCEL NOS.

182-120-034 AND 182-120-035, RESPECTIVELY, TO THE R-1-6

(SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT; FILE NO.

ANX21-001

RECOMMENDATION: This ordinance, introduced at the January 24,

2023, Regular Meeting by a 6-0-1 vote (Okrepkie abstained), will

prezone the properties located at 4646 Badger Road and 999 Middle

Rincon Road to the R-1-6 (Single-Family Residential) zoning district.

Ordinance

Attachments:

This Consent - Ordinance was adopted.

ORDINANCE NO. ORD-2023-001 ENTITLED: ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTIES

LOCATED AT 4646 BADGER ROAD AND 999 MIDDLE RINCON ROAD,

ALSO IDENTIFIED AS ASSESSOR'S PARCEL NOS. 182-120-034 AND

182-120-035, RESPECTIVELY, TO THE R-1-6 (SINGLE-FAMILY

RESIDENTIAL) ZONING DISTRICT; FILE NO. ANX21-001

13.7

ORDINANCE ADOPTION - SECOND READING - ORDINANCE OF

THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE

PROPERTY LOCATED AT 1600 MANZANITA AVENUE, ALSO

IDENTIFIED AS ASSESSOR’S PARCEL NO. 181-030-005, TO THE

RR-40-SR (RURAL RESIDENTIAL SCENIC ROAD COMBINING

DISTRICT) ZONING DISTRICT; FILE NO. ANX21-002

RECOMMENDATION: This ordinance, introduced at the January 24,

2023, Regular Meeting by a 6-0-1 vote (Okrepkie abstained), will

prezone a property located at 1600 Manzanita Avenue (Assessor’s

Parcel No. 181-030-005) as Very Low Density RR-40-SR (Rural

Residential Scenic Road Combining District) Zoning District.

Ordinance

Attachments:

This Consent - Ordinance was adopted.

ORDINANCE NO. ORD-2023-002 ENTITLED: ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTY

LOCATED AT 1600 MANZANITA AVENUE, ALSO IDENTIFIED AS

ASSESSOR'S PARCEL NO. 181-030-005, TO THE RR-40-SR (RURAL

RESIDENTIAL SCENIC ROAD COMBINING DISTRICT) ZONING DISTRICT;

FILE NO. ANX21-002

14. PUBLIC COMMENT ON NON-AGENDA MATTERS

Gregory Fearon spoke providing information on the American

Rescue Plan Act, the Cares Act, the Bipartisan Infrastructure Law,

the Inflation Reduction Act, and the California Interdepartmental

Council on Homeless.

Duane DeWitt spoke regarding the current need for senior and other

housing in Roseland.

Paul Allen spoke on utility meters on the easement at White Oak

Drive.

Tom LaPenna spoke regarding the five mobile home parks not

included in the mobile home park ordinance and requested

clarification of the rent control amount on city website.

Krystal England spoke requesting the Council add school crosswalk

safety to the agenda and adopt crosswalk safety policies.

Thomas Ells spoke regarding the importance of crosswalk safety,

federal housing funds, a safe parking site within the city possibly

using federal funds, and the Sonoma Developmental Center plan.

Sandra Lemos spoke on the importance of crosswalk safety near

schools.

Monika Zapata spoke on crosswalk safety and signage as a resident

living on Dutton Avenue who has witnessed two crosswalk

accidents.

Martha Valdez spoke on behalf of crosswalk safety.

Nancy, Santa Rosa City Schools employee spoke on crosswalk

safety at schools and requested crosswalk safety be added to a

future agenda.

Resident spoke regarding Keysight employee recruitment and the

challenges of attracting and retaining employees due to the lack of

housing for new hires.

Margaret DeMatteo, Housing Policy Attorney with Legal Aid of

Sonoma County, spoke regarding mobile home rent increases, and

requested the issue be prioritized for the March 9th goal setting

meeting.

16. PUBLIC HEARINGS

16.1

PUBLIC HEARING - GENERAL PLAN AMENDMENT (WINTER

PACKAGE) HOUSING ELEMENT UPDATE (2023-2031) AND CEQA

ADDENDUM TO 2035 GENERAL PLAN ENVIRONMENTAL IMPACT

REPORT

BACKGROUND: Public hearing and recommended approval of a

General Plan Amendment (Winter Package) for the City of Santa Rosa’s

2023-2031 (6th cycle) Housing Element Update. The Housing Element

includes a housing needs assessment, evaluation of the existing

housing element, housing site inventory analysis, fair housing

assessment, potential and actual government constraints analysis,

analysis of the Growth Management Ordinance, and housing

implementation goals, policies, and programs to support housing

production, housing affordability, and housing for special needs

populations, among other topics.

RECOMMENDATION: It is recommended by the Planning Commission

and the Planning and Economic Development Department that the

Council hold a public hearing, provide comments, and by two separate

resolutions: 1) adopt an Addendum to the 2035 General Plan

Environmental Impact Report; and 2) adopt a General Plan Amendment

as part of the Winter General Plan Amendment Package to update the

Housing Element of the General Plan for the period of 2023-2031.

Staff Report

Attachments:

Attachment 1 - HCD Letter Nov 1 2022

Attachment 2 - HCD Comment Letter Matrix

Attachment 3 - Planning Commission Resolution

Attachment 4 - 2023-2031 Housing Element

Attachment 5 - Planning Commission Correspondence

Attachment 6 - Public Correspondence

Resolution 1 - Addendum Adoption

Exhibit A - 2023 Addendum to the General Plan EIR for the Housing Element

Resolution 2 - Housing Element Adoption

Exhibit A - Draft 2023-2031 Housing Element

Presentation

Public Hearing Notice

Late Correspondence (Uploaded 02-14-2023)

Late Correspondence (Uploaded 02-16-2023)

Amy Lyle, Supervising Planner, Beatriz Guerrero Auna, Equity and

Public Health Planner, and Cynthia Walsh, PlaceWorks, presented

and answered questions from Council.

Mayor N. Rogers opened the public hearing at 6:26 p.m.

Adrian Covert spoke in support of housing affordability and provided

suggestions to Council regarding the Housing Element.

Duane DeWitt spoke regarding affordable housing for the city's

most vulnerable including low income and homeless residents.

Bob Harder spoke in support of adoption of the general plan and

amendments, and offered suggestions regarding the development

of single family homes.

Lauren Fuhry spoke regarding the need for new housing in Santa

Rosa, and suggested changes in the plan before adoption.

Evan Wiig spoke thanking city staff for their development of the plan

and their responsiveness, and expressed concerns with the housing

and transportation elements of the plan.

Alexa Forrester spoke on the adopted vision zero safety goals,

equity, and climate goals.

Gregory Fearon spoke in support of the plan with some exceptions,

and commented regarding affordable housing for low income

residents.

Kristen Keifer spoke thanking the Council and city staff for their work

on the housing element plan, and offered suggestions to make the

plan more impactful.

Cliff Wigham spoke regarding car ownership and parking, affordable

housing and homeless encampments.

Thomas Ells spoke on zoning changes as a part of the housing

element plan.

Margaret DeMatteo, Legal Aid of Sonoma County, spoke in support

of the housing element plan, discussed a letter submitted in

December relating to changes in fair housing and tenant protections,

and encouraged more specific language in the plan.

Joshua Shipper spoke on flexibility and adaptability with the plan.

Steve Birdlebough spoke on reductions in driving and parking

minimums, and relying on other forms of transportation such as

ebikes.

Chris spoke in support of approval, discussed the connection

between housing, transportation and land use, and agreed with

others this should be a visionary document.

Mayor N. Rogers closed the public hearing at 7:11 p.m.

A motion was made by Council Member C. Rogers, seconded by Council

Member Okrepkie, to waive reading of the text and adopt:

RESOLUTION NO. RES-2023-033 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING AN ADDENDUM TO

THE 2035 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT FOR A

GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF

THE GENERAL PLAN FOR THE PERIOD OF 2023-2031

The motion carried by the following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and Council

Member Rogers

1 - Council Member Stapp

Absent:

A motion was made by Council Member C. Rogers, seconded by Council

Member Okrepkie, to waive reading of the text and adopt:

RESOLUTION NO. RES-2023-034 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING A GENERAL PLAN

AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL

PLAN FOR THE PERIOD OF 2023-2031 INCLUDING AFFIRMATIVELY

FURTHERING FAIR HOUSING AND COMPLIANCE WITH STATE HOUSING

ELEMENT LAW, AND AUTHORIZING STAFF TO SUBMIT THE ADOPTED

HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING

AND COMMUNITY DEVELOPMENT FOR CERTIFICATION

The motion carried by the following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and Council

Member Rogers

1 - Council Member Stapp

Absent:

15. REPORT ITEMS

15.1

REPORT - RESOLUTION MAKING REQUIRED FINDINGS AND

APPROVING THE HIRING OF JEFFREY BERK, RETIRED

ANNUITANT, AS A TEMPORARY EMPLOYEE TO SERVE AS

PART-TIME ACTING CHIEF ASSISTANT CITY ATTORNEY FOR A

PERIOD OF LIMITED DURATION (This item was continued from the

January 24, 2023, Regular Meeting)

BACKGROUND: Jeffrey Berk retired from his position as Chief

Assistant City Attorney as of January 4, 2023. The City is currently

conducting an open recruitment for his replacement. It is anticipated that

the recruitment could take four to six months. There are critical issues

and projects pending which will need to be addressed while the

recruitment for a permanent replacement is underway. Mr. Berk has the

specialized knowledge and skills to address those critical issues and

projects. Existing staff resources are not otherwise sufficient to

undertake that work. To ensure a smooth transition and uninterrupted

City operations, it is recommended that Mr. Berk return as a Temporary

Employee to serve in the position of part-time Acting Chief Assistant

City Attorney pursuant to the provisions of Government Code sections

7522.56, 21221(h), and 21224. In particular, Government Code section

21221(h) permits the hiring of a CalPERS retired annuitant to a vacant

position while a recruitment for a permanent placement is underway and

Government Code section 7522.56 permits the hiring of a CalPERS

retired annuitant when specialized skills are needed in performing work

of limited duration. The appointment will also be made in compliance

with the City’s Use of City Temporary Employees Policy and Hiring

Annuitants Policy.

During his employment as Acting Chief Assistant City Attorney, it is

recommended that Mr. Berk receive compensation at the rate of

$101.46 per hour with no other benefit, incentive, compensation in lieu

of benefit, or other form of compensation paid.

RECOMMENDATION: It is recommended by the City Attorney’s Office

and Human Resources Department that the Council, by resolution,

approve Jeffrey Berk to be hired as a Temporary Employee to the

position of part-time Acting Chief Assistant City Attorney for a limited

period from February 21, 2023 through February 20, 2024, or until the

permanent full-time position is filled, whichever is sooner, and certify the

appointment is necessary to fill the critically needed Chief Assistant City

Attorney position.

Staff Report

Resolution

Attachments:

Presentation

Amy Reeve, Human Resources Director, presented and answered

questions from Council.

No public comments were made.

A motion was made by Council Member Okrepkie, seconded by Council

Member C. Rogers, to waive reading of the text and adopt:

RESOLUTION NO. RES-2023-035 ENTITLED: RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ROSA APPROVING HIRING OF

JEFFREY BERK AS A TEMPORARY PART TIME EMPLOYEE INTO THE

POSITION OF ACTING CHIEF ASSISTANT CITY ATTORNEY FOR A LIMITED

DURATION FROM FEBRUARY 21, 2023 THROUGH FEBRUARY 20, 2024 OR

UNTIL THE PERMANENT POSITION IS FILLED

The motion carried by the following vote:

6 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, and Council

Member Rogers

1 - Council Member Stapp

Absent:

17. WRITTEN COMMUNICATIONS - NONE.

18. PUBLIC COMMENTS ON NON-AGENDA MATTERS

Brad Pipal spoke regarding a complaint against the Santa Rosa

Police Department.

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 thanked the students who provided art for

February, acknowledged Black History Month and adjourned the

meeting at 7:27 p.m. The next regularly scheduled meeting will be

on February 28, 2023, at a time to be set by the Mayor.

21. UPCOMING MEETINGS

21.1

UPCOMING MEETINGS LIST

Upcoming Meetings List

Attachments:

This item was received and filed.

Approved on: March 28, 2023

/s/ Rhonda Bolla, Deputy City Clerk