City Hall, Council Chamber

100 Santa Rosa Avenue

Santa Rosa, CA 95404

City of Santa Rosa

City Council

Regular Meeting Minutes - Final

Tuesday, March 14, 2023

2:00 PM

1. CALL TO ORDER AND ROLL CALL

Mayor N. Rogers called the meeting to order at 2:01 p.m.

7 -

Present:

Mayor Natalie Rogers, 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

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS

No public comments were made.

Mayor N. Rogers recessed the meeting to closed session at 2:03

p.m. to discuss Item 2.1 through 2.3 as listed on the agenda.

2.1

PUBLIC EMPLOYEE - EVALUATION OF PERFORMANCE

(Government Code Section 54957(b))

Title: City Manager

This item was received and filed.

2.2

CONFERENCE WITH LABOR NEGOTIATORS

(Government Code Section 54957.6)

Agency Designated Representatives: Mayor Natalie Rogers

Unrepresented Employee: City Manager

This item was received and filed.

2.3

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Government Code Section 54956.9)

Name of Case: Bay Cities Paving & Grading, Inc. v. City of Santa Rosa

Court Case No. Sonoma County Superior Court Case No. SCV-265333

This item was received and filed.

Mayor N. Rogers adjourned closed session at 4:37 p.m. and reconvened to the

regular session at 4:40 p.m.

3. STUDY SESSION - NONE.

4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED)

7 -

Present:

Mayor Natalie Rogers, 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

5. REPORT, IF ANY, ON STUDY AND CLOSED SESSIONS

Sue Gallagher, City Attorney, reported Council met in closed

session on Items 2.1 through 2.2 and no final action was taken; and

on Item 2.3 with direction given to staff and no final action was taken.

6. PROCLAMATIONS/PRESENTATIONS

6.1

PROCLAMATION - AMERICORPS WEEK

Proclamation

Attachments:

Council Member Okrepkie read and presented the proclamation to

Noelle Marchetti, Americorps.

No public comments were made.

6.2

PROCLAMATION - ARBOR WEEK IN SANTA ROSA

Proclamation

Attachments:

Corrected Proclamation (Uploaded 3-16-2023)

Council Member Fleming read and presented the proclamation to

Jen Santos, Deputy Director - Parks Department.

Tim Bernard, Parks Planner Assistant, also received the

proclamation and shared about upcoming tree related events in the

City.

PUBLIC COMMENT

Duane DeWitt spoke in support of additional budgeting and funding

for tree staff to care for the trees in Santa Rosa.

Peter Tschernoff spoke in support of Arbor Week and various

topics.

6.3

PROCLAMATION - NATIONAL SURVEYORS WEEK

Proclamation

Attachments:

Council Member Alvarez read and presented the proclamation.

Transportation and Public Works staff Mike Jones, Supervising

Land Surveyor; Walt Olawski, Associate Land Surveyor; and Bruce

Johnson accepted the proclamation, and thanked the Council on

behalf on the National Society of Professional Surveyors, the

California Association of Land Surveyors (Sonoma County Chapter).

No public comments were made.

7. STAFF BRIEFINGS

7.1

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, Interim Violence Prevention Program Manager,

provided a brief update on the Diversity, Equity, Inclusion and

Belonging mini grant program which launches April 1, 2023, that the

citywide internship program has filled 6 of 10 positions throughout

the City, and on the MaryLou Low-Rider patrol car programming and

partnership throughout the community.

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

Maraskeshia Smith, City Manager, provide a report on the upcoming

Transit Driver Appreciation Day on March 18, the City's new

community volunteer clean-up and beautification program "Clean

Santa Rosa" and participation in Caltrans' California Community

Days statewide 11-day beautification event, and the upcoming

Women in Public Safety Day to be held on March 18 at the Fire

Training Tower.

No public comments were made.

8.1

REPORT OF SETTLEMENTS AND ACTIVE LITIGATION

The City Attorney will report on settlements over $50,000 through

February 2023 as well as provide a summary of pending litigation

against the City.

Litigation Report

Attachments:

Sue Gallagher, City Attorney, reported there were no settlements

over $50,000, 30 cases on the list consisting of 15 personal injury

cases, 8 general litigation case, 3 police matters, 3 writs of mandate

and 1 receivership.

9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS

No statements of abstention were made.

10. MAYOR'S/COUNCIL MEMBERS’ REPORTS

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

10.1.2 Sonoma County Transportation Authority/Regional Climate

Protection Authority (SCTA/RCPA)

Council Member Rogers provided a brief report.

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)

Council Member Rogers provided a brief report.

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)

10.1.11 Public Safety Subcommittee

10.1.12 Other

Council Member Rogers provided a brief report.

Council Member Okrepkie provided a brief report on

community events recently attended.

Council Member Alvarez provided a brief report on community

events recently attended.

Council Member Stapp provided a brief report.

Vice Mayor MacDonald provided a report on community

events recently attended.

Mayor Rogers provided a brief report on community events

recently attended.

11. APPROVAL OF MINUTES - NONE.

12. CONSENT ITEMS

PUBLIC COMMENT

Peter Tschernoff spoke on purposefulness, gardening for therapy,

and in honor of Luther Burbank.

Approval of the Consent Agenda

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

Member Fleming, to waive reading of the text and adopt Consent Items

waive reading of the text and adopt Consent Items 12.1 through 12.7. The

motion carried by the following vote:

7 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, Council

Member Rogers, and Council Member Stapp

12.1

RESOLUTION - SECOND AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT NUMBER F002506 WITH TERI BLACK &

COMPANY, LLC FOR EXECUTIVE AND SENIOR MANAGEMENT

RECRUITMENTS

RECOMMENDATION: It is recommended by the Human Resources

Department that the Council, by resolution, approve a Second

Amendment to Professional Services Agreement Number F002506 with

Teri Black & Company, LLC in the amount of $150,001 for a total

contract amount not to exceed $250,000 to provide recruitment services

for various executive and senior management level positions.

Staff Report

Attachments:

Resolution

Exhibit A - Second Amendment to PSA

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-044 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE SECOND

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR

RECRUITMENT SERVICES BETWEEN THE CITY OF SANTA ROSA AND

TERI BLACK & COMPANY, LLC

12.2

RESOLUTION - APPROVAL OF A DESIGN FUNDING AGREEMENT

WITH SMART FOR THE DESIGN OF WEST THIRD STREET SIGNAL

AT SMART MULTIUSE PATH CROSSING - CEQA EXEMPT

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution, approve and

delegate authority to the City Manager to negotiate and execute a

Design Funding Agreement in the amount of $153,854.80 between the

Sonoma-Marin Area Rail Transit (SMART) and the City of Santa Rosa

authorizing the design of the West Third Street signal at the SMART

Multiuse Path Crossing.

Staff Report

Attachments:

Resolution

Exhibit A - Design Funding Agreement

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-045 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND DELEGATING

AUTHORITY TO THE CITY MANAGER TO NEGOTIATE AND EXECUTE A

DESIGN FUNDING AGREEMENT WITH SMART FOR THE DESIGN OF WEST

THIRD STREET SIGNAL AT SMART MULTIUSE PATH CROSSING

12.3

RESOLUTION - AUTHORIZATION FOR REQUEST OF LOW CARBON

TRANSIT OPERATIONS PROGRAM FUNDING FOR FY 2022-2023

FOR PURCHASE OF BATTERY ELECTRIC BUS

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution, approve and

authorize:1) the Deputy Director - Transit to request $507,036 in Low

Carbon Transit Operations Program (LCTOP) formula funds to assist in

purchasing a battery electric bus; 2) the Deputy Director - Transit to

execute the Certifications and Assurances and related documents for

the LCTOP grant; 3) the delegation of authority to the Director of

Transportation and Public Works to execute an Authorized Agent Form

for the LCTOP designating the Deputy Director - Transit as the City’s

Authorized Agent; 4) the Chief Financial Officer to increase

appropriations in revenue and expenditures by the approved grant

award; and 5) the submittal of the City’s project nomination and

allocation request to the Department of Transportation for FY 2022/23

LCTOP funds.

Staff Report

Attachments:

Resolution

Exhibit A - LCTOP Authorized Agent Form

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-046 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND AUTHORIZING

A REQUEST FOR $507,036 IN LOW CARBON TRANSIT OPERATIONS

PROGRAM (LCTOP) FUNDS FOR FY 2022-2023

12.4

RESOLUTION - RESOLUTION AUTHORIZING THE FILING AND

EXECUTION OF AN APPLICATION FOR FUNDING FROM THE

FEDERAL TRANSIT ADMINISTRATION BUSES AND BUS FACILITIES

AND LOW OR NO EMISSION PROGRAMS FOR FEDERAL FY 2023

AND COMMITTING ANY NECESSARY MATCHING FUNDS

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution: 1) authorize

the Director of Transportation and Public Works or designee to file and

execute two grant application(s) and related documents for the Federal

Transit Administration’s Buses and Bus Facilities Program and the

Federal Transit Administration’s Low or No Emission Program

requesting a combined total of $9,899,120 in grant funds for battery

electric buses and electric bus charging infrastructure; and 2)

appropriate necessary matching funds.

Staff Report

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-047 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA AUTHORIZING THE FILING AND

EXECUTION OF APPLICATIONS FOR FUNDING FROM FEDERAL TRANSIT

ADMINISTRATION BUSES AND BUS FACILITIES PROGRAM AND THE

FEDERAL TRANSIT ADMINISTRATION LOW OR NO EMISSION BUS

PROGRAM FOR FEDERAL FISCAL YEAR 2023 AND APPROPRIATING

NECESSARY MATCHING FUNDS

12.5

RESOLUTION - APPROVAL OF SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT NUMBER F002284 WITH

RENNE PUBLIC LAW GROUP LLP

RECOMMENDATION: It is recommended by the Human Resources

Department and City Attorney’s Office that the Council, by resolution,

approve a Second Amendment to Professional Services Agreement

Number F002284 with Renne Public Law Group LLP for specialized

labor relations and employment law services increasing the

not-to-exceed amount by $250,000, for a total contract not-to-exceed

amount of $500,000.

Staff Report

Attachments:

Resolution

Exhibit A - Second Amendment to Professional Services Agreement

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-048 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING A SECOND

AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH RENNE

PUBLIC LAW GROUP LLP

12.6

RESOLUTION - TERMINATION OF PROCLAMATION OF EXISTENCE

OF A LOCAL EMERGENCY RELATING TO THE THREAT TO

COMMUNITY HEALTH POSED BY COVID-19

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

that the Council, by resolution, terminate the proclamation of a state of

local emergency within the City of Santa Rosa relating to the threat to

community health posed by COVID-19, first proclaimed on March 2,

2020 and extended since that time.

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-049 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA TERMINATING THE

PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY DUE TO THE

THREAT TO COMMUNITY HEALTH POSED BY COVID-19

12.7

RESOLUTION - EXTENSION OF PROCLAMATION OF LOCAL

HOMELESS EMERGENCY

RECOMMENDATION: It is recommended by the Housing and

Community Services Department that the Council, by resolution,

approve an extension of Resolution No. 28839 which formally

proclaimed a local homeless emergency within Santa Rosa.

Staff Report

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2023-050 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA EXTENDING PROCLAMATION OF

LOCAL HOMELESS EMERGENCY (Government Code Sections 8630 et

seq.)

13. PUBLIC COMMENT ON NON-AGENDA MATTERS

Duane DeWitt invited Council to several community events and

spoke on the Governor facilitating groundwater recharge projects.

Peter Tschernoff spoke on Operation Mockingbird, banking system

concerns, and other concerns regarding recent community events.

Juan Venegas, Field Representative with the NorCal Carpenter's

Union, Local 751, spoke in support of his organization, the benefits

of being a member, and the importance of labor standards language

for future projects is critical.

Ana Diaz, Roseland School District, spoke to request a crosswalk

across from Roseland Creek Elementary.

LATE CORRESPONDENCE

Late Correspondence (Uploaded 3-16-2023)

Attachments:

14. REPORT ITEMS

14.1

REPORT - RECOMMENDATION TO RESCIND JUNE 29, 2021

DROUGHT EMERGENCY DECLARATION, RESCIND STAGE 3 OF

THE CITY OF SANTA ROSA’S WATER SHORTAGE CONTINGENCY

PLAN, REMOVE AUTHORIZATION TO UTILIZE WATER

ENTERPRISE FUND CATASTROPHIC RESERVES, AND

IMPLEMENT DEMAND REDUCTION ACTIONS CONSISTENT WITH

THE REQUIREMENTS OF TITLE 23, SECTION 996(c)(1) OF THE

CALIFORNIA CODE OF REGULATIONS FOR THE DURATION THIS

EMERGENCY REGULATION IS IN EFFECT

BACKGROUND: In response to drought conditions, on June 29, 2021,

the City Council declared a water shortage emergency and adopted

Stage 3 of the City of Santa Rosa’s Water Shortage Contingency Plan

imposing mandatory restrictions and requiring customers to reduce

community-wide water use by 20%. Beginning late December 2022, the

region experienced a series of atmospheric rivers filling our region’s

water supply reservoirs, Lake Sonoma and Lake Mendocino. Lake

Sonoma now holds sufficient storage to provide more than three years

of water supply. Therefore, required reductions in water use are no

longer necessary. However, compliance with the State Water

Resources Control Board (State Water Board) adopted emergency

water conservation regulations is still required. The City of Santa Rosa

can rescind the water shortage emergency and implementation of Stage

3 of the Water Shortage Contingency Plan while retaining measures for

compliance with State Water Board emergency regulations.

RECOMMENDATION: It is recommended by the Board of Public

Utilities and Santa Rosa Water that the City Council, by resolution, 1)

rescind the June 29, 2021 drought emergency declaration, 2) rescind

the implementation of Stage 3 of the City of Santa Rosa Water

Shortage Contingency Plan, 3) remove authorization for the Water

Department to utilize the Water Enterprise Fund Catastrophic Reserves,

and 4) direct staff to implement demand reduction actions consistent

with Title 23, Section 996(c)(1) of the California Code of Regulations for

the duration this emergency regulation is in effect.

Staff Report

Attachments:

Attachment 1 - Board of Public Utilities Resolution No. 1255

Attachment 2 - City Council Resolution No. RES-2021-125

Attachment 3 – Board of Public Utilities Resolution No. 1312

Resolution

Exhibit A

Presentation

Jennifer Burke, Director of Santa Rosa Water, and Peter Martin,

Deputy Director - Water Resources, presented and answered

questions from Council.

No public comments were made.

A motion was made by Council Member Stapp, seconded by Vice Mayor

MacDonald, to waive reading of the text and adopt

RESOLUTION NO. RES-2023-051 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA RESCINDING THE JUNE 29, 2021

DROUGHT EMERGENCY DECLARATION, RESCINDING STAGE 3 OF THE

CITY'S WATER SHORTAGE CONTINGENCY PLAN, REMOVING

AUTHORIZATION FOR SANTA ROSA WATER TO UTILIZE THE WATER

ENTERPRISE FUND CATASTROPHIC RESERVES, AND DIRECTING

STAFF TO IMPLEMENT DEMAND REDUCTION ACTIONS CONSISTENT

WITH THE REQUIREMENTS OF TITLE 23, SECTION 996(c)(1) OF THE

CALIFORNIA CODE OF REGULATIONS FOR THE DURATION THIS

EMERGENCY REGULATION IS IN EFFECT. The motion carried by the

following vote:

7 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, Council

Member Rogers, and Council Member Stapp

15. PUBLIC HEARINGS

15.1

PUBLIC HEARING - ACCESSORY DWELLING UNIT URGENCY

ORDINANCE

BACKGROUND: The proposed Zoning Code text amendment is

proposed by way of Urgency ordinance, amending Title 20 of the Santa

Rosa City Code - modifying Section 20-42.130, Accessory Dwelling

Units, to remain consistent with State law and to include local

allowances and protections. This urgency ordinance would be effective

upon adoption. Under the City Charter, five affirmative votes are

necessary to adopt an urgency ordinance.

RECOMMENDATION: It is recommended by the Planning and

Economic Development Department that the Council adopt an urgency

ordinance amending City Code Section 20-42.130 to allow Accessory

Dwelling Units and Junior Accessory Dwelling Units in compliance with

State law.

Staff Report

Attachments:

Attachment 1 - Redline Changes to Zoning Code

Attachment 2 - Assembly Bill 2221

Attachment 3 - Senate Bill 897

Ordinance

Public Hearing Notice

Presentation

Jessica Jones, Deputy Director - Planning, and Amy Nicholson,

Supervising Planner, presented and answered questions from

Council.

Mayor N. Rogers opened the public hearing at 6:00 p.m.

No public comments were made. Mayor N. Rogers closed the public

hearing at 6:01 p.m.

A motion was made by Council Member Rogers, seconded by Vice Mayor

MacDonald, to waive reading of the text and adopt

ORDINANCE NO. ORD-2023-003 ENTITLED: URGENCY ORDINANCE OF

THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF

THE SANTA ROSA CITY CODE; AMENDING SECTION 20- 42.130 -

REGULATING ACCESSORY DWELLING UNITS TO ENSURE

CONSISTENCY WITH STATE LAW

7 -

Yes:

Mayor Rogers, Vice Mayor MacDonald, Council Member Alvarez,

Council Member Fleming, Council Member Okrepkie, Council

Member Rogers, and Council Member Stapp

16. WRITTEN COMMUNICATIONS

16.1

STATE LEGISLATIVE UPDATE:

· Support for AB 30 (Ward) -- Atmospheric Rivers: Research,

Mitigation, and Climate Forecasting Program. Provided for information.

State Legislative Memo AB 30-Atmospheric Rivers

AB 30 Letter of Support

Attachments:

Bill Text - AB 30 Atmospheric Rivers, Research, Mitigation, and Climate

Forecasting Program

This item was received and filed.

17. PUBLIC COMMENTS ON NON-AGENDA MATTERS

Eric Fraser, Truth in Tourism, spoke on short-term rentals.

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]

19. ADJOURNMENT OF MEETING

Mayor N. Rogers adjourned the meeting 6:35 p.m in

rememberance of Reverend Curtis Byrd, former Planning

Commissioner and board member of the Community Advisory

Board (CAB), and long-time president of The Gray Foundation. The

next regular meeting will be held on Tuesday, March 28, 2023, at a

time to be set by the Mayor.

20. UPCOMING MEETINGS

20.1

UPCOMING MEETINGS LIST

Upcoming Meetings List

Attachments:

This item was received and filed.

Approved on: April 11, 2023

/s/ Dina Manis, Interim City Clerk