City Hall, Council Chamber

100 Santa Rosa Avenue

Santa Rosa, CA 95404

City of Santa Rosa

City Council

Regular Meeting Minutes - Final

Tuesday, September 13, 2022

12:30 PM

1. CALL TO ORDER AND ROLL CALL

Mayor C. Rogers called the meeting to order at 12:30 p.m.

5 -

Present:

Mayor Chris Rogers, Council Member Victoria Fleming, Council

Member Dianna MacDonald, Council Member John Sawyer, and

Council Member Tom Schwedhelm

2 - Vice Mayor Eddie Alvarez, and Council Member Natalie Rogers

Absent:

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS

No public comments were made.

Mayor C. Rogers recessed to closed session at 12:31 p.m. to

discuss Items 2.1, 2.2, and 2.3 as listed on the agenda.

Vice Mayor Alvarez joined the meeting at 12:35 p.m.

Council Member N. Rogers joined the meeting at 12:38 p.m.

2.1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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

Name of Case: Apogee Gardens, Inc. and Jason Smith v. City of Santa

Rosa, et al.

Sonoma County Superior Court Case No.: SCV-268751

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: Jason H. Smith, Apogee Garden Products Inc. v. Kelly

Aboudara City of Santa Rosa Code Enforcement Officer, et al.

USDC - Northern District of California Case No.: SCV-268751

This item was received and filed.

2.3

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Initiation of litigation pursuant to paragraph (4) of subdivision (d) of

Government Code Section 54956.9: one potential cases

This item was received and filed.

Mayor C. Rogers adjourned closed session at 1:19 p.m. and reconvened to

study session at 2:00 p.m.

3. STUDY SESSION

7 -

Present:

Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member

Victoria Fleming, Council Member Dianna MacDonald, Council

Member Natalie Rogers, Council Member John Sawyer, and Council

Member Tom Schwedhelm

3.1

SANTA ROSA CIVIC CENTER PROJECT FEASIBILITY ANALYSIS

REVIEW

This presentation is part 2 of 3 of the scheduled Downtown City Asset

Study Sessions, covering the 2019 Santa Rosa Civic Center Feasibility

Analysis performed in conjunction with Jones, Lang, LaSalle (JLL), and

the potential redevelopment opportunities of select City assets.

Staff Report

Attachments:

Attachment 1 - 2019 JLL SR Civic Center Feasibility Analysis

Attachment 2 - City Hall Seismic Hazard Report

Presentation

Late Correspondence (Uploaded 9-13-2022)

Late Correspondence (Uploaded 9-15-22)

Clare Hartman, Director - Planning & Economic Development, and

Jill Scott, Real Property Manager, presented and answered

questions from Council.

Raissa De La Rosa, Deputy Director - Economic Development, Alan

Alton, Chief Financial Officer, and Jason Nutt, Assistant City

Manager, were available to answer questions from Council.

PUBLIC COMMENT

Natalie Balfour spoke on the value of keeping the White House lot

for future housing, and opposed using it for a future City Hall site.

Calum Weeks, Generation Housing, spoke on the constraints and

limited solutions on the table, Generation Housing wanting to be

engaged in the process, and supports daylighting the creek as a

benefit that will enhance long-term vitality for the city.

Evan Wiig spoke in support of prioritizing space for affordable

housing in the urban core, and advocated for daylighting the creek

as a place where people can gather.

Adrian spoke in support of daylighting the creek, urged Council to

take another look at closing First Street, supports relocating the

Public Safety building services to the Stony Point complex, and

using the Garage 9 site for housing.

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

p.m.

4. ANNOUNCEMENT OF ROLL CALL (IF NEEDED)

7 -

Present:

Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member

Victoria Fleming, Council Member Dianna MacDonald, Council

Member Natalie Rogers, Council Member John Sawyer, and Council

Member Tom Schwedhelm

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

Jeff Berk, Chief Assistant City Attorney, reported Council met in

closed session, direction was provided to staff and no final action

was taken.

6. PROCLAMATIONS/PRESENTATIONS

6.1

PROCLAMATION - POLLUTION PREVENTION AND CREEK WEEK

Proclamation

Attachments:

Council Member N. Rogers read the proclamation. Kyle

Spongberg, Environmental Specialist, accepted the proclamation

and announced Creek Week events around the city.

PUBLIC COMMENT

Duane De Witt spoke thanking former City employee Alistair

Bleifuss for his work on the creek, and on the negative impacts of

transients using the creeks on the west side of Santa Rosa.

7. STAFF BRIEFINGS

PUBLIC COMMENT

Duane De Witt spoke on the importance of including community

members who are not on the Internet and suggested putting posters

on businesses windows and doors.

Eric Fraser spoke on public participation and inspiring the public in

the civil process.

7.1

COVID-19 RESPONSE UPDATE

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

except for possible direction to staff.

Daryel Dunston, Assistant City Manager, reported the Food and

Drug Administration has authorized the Pfizer bivalent booster for

anyone 12 and older and the Moderna bivalent booster for anyone

18 and older and they are now available in Sonoma County. The

Assistant City Manager reported Sonoma County has reported an

overall case rate of 9.8 per one hundred thousand residents, a

decrease from previous weeks, and that vaccinations remain the

most effective means to protect yourself from getting seriously ill.

For more information on the status of COVID-19 in the community,

visit socoemergency.org.

7.2

COMMUNITY EMPOWERMENT PLAN UPDATE

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

except for possible direction to staff.

Magali Telles, Deputy Director Community Engagement, provided

an update on the Multi-Cultural Roots Project, on the turn out for the

Hearn Community Hub meeting, and that the team is starting

production on the Civic Engagement 101 videos.

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

8.1

REPORT OF SETTLEMENTS AND ACTIVE LITIGATION

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

August 2022 as well as provide a summary of pending litigation against

the City.

Litigation Report

Attachments:

Chief Assistant City Attorney Berk reported there were no

settlements over $50,000 this quarter, there are 20 active litigations

with half set for trial, one personal injury case and one property

damage claim caused by flooding.

No public comments were made.

9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS

No statements of abstention were made.

10. MAYOR'S/COUNCIL MEMBERS’ REPORTS

Council Member Schwedhelm attended and volunteered at the

Santa Rosa Marathon and congratulated winner Nicholas Tosutu,

attended the League of California Cites Conference in Long Beach,

attended the ribbon cutting ceremony for Caritas Village, and

congratulated Len Mirabella on his retirement as CEO for Catholic

Charities and congratulated Jennielynn Holmes as the new CEO for

Catholic Charities.

Council Member N. Rogers attended the ribbon cutting ceremony

for Caritas Village and congratulated Jennielynn Holmes as the new

CEO for Catholic Charities, and requested input from local veterans

and veteran's organizations for the Veterans Day event.

Vice Mayor Alvarez attended the Hearn Community Hub meeting,

reported Police Chief Cregan, City Manager Smith and Real

Property Manager Jill Scott accompanied him in a walk on

Sebastopol Road to meet with business owners and residents,

congratulated Annie from Goldstone who opened her own business,

attended the concert at the fairgrounds, met with Mexican Consulate

General Liliana Ferrer in Sacramento, attended the Lime Foundation

event, announced a meeting with community members in Roseland

and announced a neighborhood watch in South Park this evening.

Mayor C. Rogers announced he would be adjourning in memory of

Maria Canas and Kathleen Finigan who fought for racial justice,

accountability, and equity in the community.

Council Member MacDonald attended the League of California

Cities conference in Long Beach, and reported she met with the

Police Officers Association and thanked them for keeping the

community safe.

No public comments were made.

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)

Mayor C. Rogers provided a brief report on the meeting.

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)

10.1.11 Public Safety Subcommittee

10.1.12 Other

11. APPROVAL OF MINUTES

11.1

May 24, 2022, Regular Meeting Minutes.

Draft Minutes

Attachments:

Approved as submitted.

12. CONSENT ITEMS

PUBLIC COMMENT

Eric Fraser spoke on Item 12.1 expressing disagreement with the

Grand Jury findings in F24 of their report, and on the ban of gas

stations.

Duane De Witt spoke on the future of affordable housing and

expressed concern the City buys houses to demolish them for

projects, and asked that all city meetings be open to in person

meetings.

Angie Dillon-Shore, First 5 Sonoma County spoke on 12.4 thanking

Council for approving ARPA funds for the program.

Michael Hilbert spoke on 12.8 expressing his concern the ordinance

was ill drafted, and in opposition to Item 12.3.

Approval of the Consent Agenda

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

N. Rogers, to waive reading of the text and adopt Consent Items 12.1

through 12.8. The motion carried by the following vote:

7 -

Yes:

Mayor Rogers, Vice Mayor Alvarez, Council Member Fleming,

Council Member MacDonald, Council Member Rogers, Council

Member Sawyer, and Council Member Schwedhelm

12.1

MOTION - RESPONSES TO TWO 2021-2022 GRAND JURY

REPORTS - AFFORDABLE HOUSING

RECOMMENDATION: It is recommended by the City Manager, Housing

and Community Services, and the Planning and Economic Development

Department that the Council, by motion, authorize the Mayor to provide

formal responses to two Sonoma County 2021-2022 Grand Jury

Reports, “Affordable Housing: Past, Present and Future” and

“Affordable Housing: Monitoring and Compliance.”

Staff Report

Attachments:

Attachment 1 - 2021-2022 Grand Jury Consolidated Final Report

Attachment 2 - Response to Affordable Housing: Past Present and Future

Attachment 3 - Response to Affordable Housing: Monitoring and Compliance

Attachment 4 - Letter to Presiding Judge

Presentation

This Consent - Motion was approved.

12.2

RESOLUTION - THIRD AMENDMENT TO GENERAL SERVICES

AGREEMENT NUMBER F001818 WITH NICK BARBIERI TRUCKING,

LLC, DBA REDWOOD COAST FUELS

RECOMMENDATION: It is recommended by the Finance Department

that the Council, by resolution, approve the Third Amendment to

General Services Agreement Number F001818 with Nick Barbieri

Trucking, LLC, dba Redwood Coast Fuels, Ukiah, California, for the

delivery of fuels to various locations throughout the City to add funds

and increase compensation by $250,000, for a total amount not to

exceed of $745,000.

Staff Report

Attachments:

Resolution

Exhibit A - Third Amendment to PSA

Presentation

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-190 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE THIRD

AMENDMENT TO GENERAL SERVICES AGREEMENT NUMBER F001818

WITH NICK BARBIERI TRUCKING, LLC, DBA REDWOOD COAST FUELS

12.3

RESOLUTION - PROFESSIONAL SERVICES AGREEMENT WITH

FIRST 5 SONOMA COUNTY FOR ADMINISTRATION OF THE CITY

OF SANTA ROSA GUARANTEED BASIC INCOME PROGRAM

RECOMMENDATION: It is recommended by the Planning and

Economic Development Department that the Council, by resolution,

approve a Professional Services Agreement with First 5 Sonoma

County for administration of the City of Santa Rosa funded Guaranteed

Basic Income Program in an amount not to exceed $1,008,000.

Staff Report

Attachments:

Resolution

Exhibit A – First 5 Sonoma County PSA

Presentation

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-191 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING A PROFESSIONAL

SERVICES AGREEMENT WITH FIRST 5 SONOMA COUNTY FOR

ADMINISTRATION OF THE CITY OF SANTA ROSA GUARANTEED BASIC

INCOME PROGRAM

12.4

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

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 of the City’s boards, commissions and committees

pursuant to Assembly Bill 361.

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-192 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

12.5

RESOLUTION - APPROVAL AND ADOPTION OF THE CITY’S

SALARY PLAN AND SCHEDULE, CORRECTING AN

ADMINISTRATIVE ERROR AND ELIMINATING THE BUS OPERATOR

TRAINEE CLASSIFICATION AND COMPENSATION

RECOMMENDATION: It is recommended by the Human Resources

Department that Council, by resolution, approve and adopt the City’s

Salary Plan and Schedule, correcting an administrative error and

eliminating the Bus Operator Trainee classification and compensation.

Staff Report

Attachments:

Attachment 1 - RES-2022-159

Attachment 2 - RES-2022-156

Attachment 3 - Salary Plan and Schedule corrections highlighted

Resolution

Exhibit A - Salary Plan and Schedule

Presentation

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-193 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING

THE CITY'S SALARY PLAN AND SCHEDULE, CORRECTING AN

ADMINISTRATIVE ERROR AND ELIMINATING THE BUS OPERATOR

TRAINEE CLASSIFICATION AND COMPENSATION

12.6

RESOLUTION - APPROVAL AND ADOPTION OF RESOLUTION

ELIMINATING THE BUS OPERATOR TRAINEE CLASSIFICATION

AND PAY SCALE

RECOMMENDATION: It is recommended by the Human Resources

Department that Council, by resolution: 1) adopt a Side Letter to the

Memorandum of Understanding for Unit 8 - Transit; and 2) authorize the

City Manager to execute the Side Letter and eliminate the Bus Operator

Trainee classification and pay scale, as a recruitment and retention

strategy, retroactive to April 1, 2022.

Staff Report

Attachments:

Resolution

Exhibit A - Side Letter to Memorandum of Understanding.docx

Presentation

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-194 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING A SIDE LETTER TO

THE MEMORANDUM OF UNDERSTANDING FOR UNIT 8 - TRANSIT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SIDE LETTER AND

ELIMINATE THE BUS OPERATOR TRAINEE CLASSIFICATION AND PAY

SCALE RETROACTIVE TO APRIL 1, 2022

12.7

ORDINANCE ADOPTION SECOND READING - ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE

PROPERTY LOCATED AT 2210 BRUSH CREEK ROAD (BRUSH

CREEK ROAD MINOR SUBDIVISION) INTO THE R-1-6

(SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT, ASSESSOR’S

PARCEL NUMBER 182-050-004; AND PREZONING THE

PROPERTIES LOCATED AT 2200 BRUSH CREEK ROAD AND 0

BRIDGEWOOD DRIVE INTO THE RR-20 (RURAL RESIDENTIAL)

ZONING DISTRICT, ASSESSOR’S PARCEL NUMBERS 182-050-005

& -014; FILE NO. PRJ20-008

RECOMMENDATION: This ordinance, introduced at the August 23,

2022, Regular Meeting by a 6-0-1 vote (MacDonald absent), prezones

the property located at 2210 Brush Creek Road into the R-1-6 (Single

Family Residential) zoning district and prezones the properties at 2200

Brush Creek Road and 0 Bridgewood Drive into the RR-20 (Rural

Residential) zoning district.

Ordinance

Attachments:

This Consent - Ordinance was adopted.

ORDINANCE NO. ORD-2022-009 ENTITLED: ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE PROPERTY

LOCATED AT 2210 BRUSH CREEK ROAD (BRUSH CREEK ROAD MINOR

SUBDIVISION) INTO THE R-1-6 (SINGLE-FAMILY RESIDENTIAL) ZONING

DISTRICT, ASSESSOR'S PARCEL NUMBER 182-050-004; AND

PREZONING THE PROPERTIES LOCATED AT 2200 BRUSH CREEK ROAD

AND 0 BRIDGEWOOD DRIVE INTO THE RR20 (RURAL RESIDENTIAL)

ZONING DISTRICT, ASSESSOR'S PARCEL NUMBERS 182-050-005 & -014;

FILE NO. PRJ20-008

12.8

ORDINANCE ADOPTION SECOND READING - ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF

THE SANTA ROSA CITY CODE TO PROHIBIT NEW GAS STATION

LAND USES AND TO PROHIBIT EXPANSION OF FOSSIL FUEL

INFRASTRUCTURE FOR EXISTING GAS STATION LAND USES,

FILE REZ22-001

RECOMMENDATION: This ordinance, introduced at the August 23,

2022, Regular Meeting by a 6-0-1 (MacDonald absent) vote, approves

text amendments to Title 20 of the City Code to prohibit new gas station

land uses and to prohibit expansion of fossil fuel infrastructure for

existing gas station land uses.

Ordinance

Attachments:

Ordinance_Redlined (Revised)

Ordinance_Final

This Consent - Ordinance was adopted.

ORDINANCE NO. ORD-2022-010 ENTITLED: ORDINANCE OF THE

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

SANTA ROSA CITY CODE TO PROHIBIT NEW GAS STATION LAND USES

AND TO PROHIBIT EXPANSION OF FOSSIL FUEL INFRASTRUCTURE FOR

EXISTING GAS STATION LAND USES, FILE REZ22-001

13. PUBLIC COMMENT ON NON-AGENDA MATTERS - NONE.

14. REPORT ITEMS - NONE.

15. PUBLIC HEARINGS - NONE.

16. WRITTEN COMMUNICATIONS

No public comments were made.

16.1

STATE LEGISLATIVE UPDATE:

· Support for AB 1985 (R. Rivas) -- Organic waste: recovered

organic waste product procurement targets. Provided for

information.

· Opposition for AB 2953 (Salas) -- Department of Transportation

and local agencies: streets and highways: recycled materials.

Provided for information.

State Legislative Memo

AB 1985 Letter of Support

Bill Text - AB 1985

Attachments:

AB 2953 Letter of Opposition

Bill Text - AB 2953

This item was received and filed.

Mayor C. Rogers recessed the meeting at 4:55 p.m. and reconvened at 5:00

p.m.

7 -

Present:

Mayor Chris Rogers, Vice Mayor Eddie Alvarez, Council Member

Victoria Fleming, Council Member Dianna MacDonald, Council

Member Natalie Rogers, Council Member John Sawyer, and Council

Member Tom Schwedhelm

17. PUBLIC COMMENTS ON NON-AGENDA MATTERS

Duane De Witt spoke on Hispanic Heritage month and the veterans

who have served our country, Sept. 16 at veterans memorial day,

concern on the HUD Vash vouchers processing,

Eric Fraser Truth in Tourism, spoke on short-term rental applications

filed in Santa Rosa, code enforcement cases filed, and on cease

and desist notices received by residents.

Michael Hilbert spoke on broken recreational vehicles on Santa

Rosa avenue needing to be tagged and removed.

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

Mayor C. Rogers adjourned the meeting at 5:09 p.m. in memory of

Maria Canas and Kathleen Finigan. The next regular meeting will be

held on September 20, 2022, 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: November 29, 2022

/s/ Stephanie A. Williams, City Clerk