City Hall, Council Chamber

100 Santa Rosa Avenue

Santa Rosa, CA 95404

City of Santa Rosa

City Council

Regular Meeting Minutes - Final

Tuesday, December 13, 2022

1:30 PM

1. CALL TO ORDER AND ROLL CALL

Mayor C. Rogers called the meeting to order at 1:33 p.m.

6 -

Present:

Mayor Chris Rogers, Council Member Victoria Fleming, Council

Member Dianna MacDonald, Council Member Natalie Rogers,

Council Member John Sawyer, and Council Member Tom

Schwedhelm

1 - Vice Mayor Eddie Alvarez

Absent:

2. ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENT

Duane De Witt spoke on Item 2.1. stating it was "refreshing" to hear

about this before the negotiating parties were determined, and

hopes Council will look for the biggest return on a long term

investment with housing downtown.

Mayor C. Rogers recessed the meeting to closed session at 1:33

p.m. to discuss Items 2.1 and 2.2 as listed on the agenda.

2.1

CONFERENCE WITH REAL PROPERTY NEGOTIATOR

(Government Code Section 54956.8)

Property: 625 and 637 3rd Street, APNs 009-013-011 and 009-013-012

(“Garage 5”), 500 5th Street, APN 010-053-028 (“Lot 11”), and 730 3rd

Street, APN 009-072-044 (“Lot 7”)

Agency Negotiators: Jill Scott, Real Property Negotiator

Negotiating Parties: To be determined

Under Negotiations: Price and terms of long term lease or sale

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: In Re Matter of the Appeal of City of Santa Rosa - Santa

Rosa Water

Court Case No.: Department of Industrial Relations Occupational Safety

and Health Appeals Board, Inspection No. 1495388

This item was received and filed.

Mayor C. Rogers adjourned closed session at 2:40 p.m. and reconvened to

regular session at 4:00 p.m.

3. STUDY SESSION - NONE.

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

Sue Gallagher, City Attorney, reported Council met on Item 2.1

regarding the surplus sale of three lots in downtown, Council gave

direction and no action was taken; and on Item 2.2 regarding

existing litigation on a City appeal of a CalOSHA order, Council gave

direction and no action was taken.

6. PROCLAMATIONS/PRESENTATIONS - NONE.

7. STAFF BRIEFINGS - NONE.

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

Maraskeshia Smith, City Manager, reported that due to the cold

weather, the warming center at Caritas Center located at 301 6th

Street will be open until the morning of December 16.

City Attorney Gallagher announced the retirement of Chief Assistant

City Attorney Jeff Berk at the end of the year and made comments

of acknowledgement, commendation and thanks for the work he has

done on behalf of the organization.

8.1

REPORT OF SETTLEMENTS AND ACTIVE LITIGATION

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

November 2022 as well as provide a summary of pending litigation

against the City.

Litigation Report

Attachments:

City Attorney Gallagher provided a report on 25 current cases

pending; one receivership; nine matters of general litigation, 10

personal injury cases, three Police action, and two writs of

mandates. City Attorney Gallagher reported the City Attorney's

Office is working on several other litigation matters and litigation

related matters in addition to what was reported.

No public comments were made.

9. STATEMENTS OF ABSTENTION BY COUNCIL MEMBERS

No statements of abstention were made.

10. MAYOR'S/COUNCIL MEMBERS’ REPORTS

Vice Mayor Alvarez met with Senator Padilla regarding the future of

Martin Luther King park.

Council Member MacDonald attended and thanked the North Bay

Leadership Council for their holiday luncheon, attended the

Carpenters Union 751 luncheon in San Francisco.

Council Member N. Rogers attended Merry Market at Church

Unstoppable and helped serve over 200 families with gifts for their

children and provided hot coffee, hot chocolate, and treats for

parents while presents were being wrapped.

Council Member Fleming attended the first run of the all electric bus

fleet, thanked Council Member N. Rogers for inviting her to her

home to meet with faith leaders to build bridges of understanding

and discuss practical and operational concerns on how to interact

with the city's faith based communities on the value they bring to

Santa Rosa.

Mayor C. Rogers congratulated Transportation & Public Works for

the launch of the zero emission bus fleet, thanked Ray Tellis,

Regional Administrator for the Department of Transportation for

attending the event, and thanked Senator Alex Padilla for the signing

of the Fire Act, which many Santa Rosa staff worked on.

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)

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 - NONE.

12. CONSENT ITEMS

PUBLIC COMMENT

Duane DeWitt spoke on Item 12.1 expressing a desire that the

people on the lowest end of the pay structure get the same equity of

pay increases, suggested time cards for Council Members to hold

them accountable for their hours worked, on Item 12.5 asked for

authentic and true community engagement, and on Item 12.8

requested that all city meetings be open to the public.

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 12.9. 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

RESOLUTION - AMENDMENT TO THE CITY CLASSIFICATION AND

SALARY PLAN MODIFYING THE SALARY RANGE OF MULTIPLE

POSITIONS AND ADOPTION OF THE CITY’S SALARY PLAN AND

SCHEDULE

RECOMMENDATION: It is recommended by the Human Resources

Department that the Council, by two resolutions: 1) approve a 5% equity

increase to multiple positions, to include classifications historically

linked to those previously identified for recruitment and retention

adjustments; 2) pursuant to the City’s minimum wage Ordinance,

ORD-2019-14, approve increases to impacted temporary and seasonal

employee pay scales to meet or exceed the City’s minimum wage of

$17.06 per hour and preserve the salary structure of other

classifications within that temporary and seasonal group effective

January 1, 2023; and 3) approve and adopt the City’s Salary Plan and

Schedule as required by California Code Regulations Title 2, Section

570.5 - Requirement for a Publicly Available Pay Schedule.

Staff Report

Attachments:

Resolution 1 - Equity Adjustments

Resolution 2 - Salary Plan and Schedule

Exhibit A - Salary Plan and Schedule

These Consent - Resolutions were adopted.

RESOLUTION NO. RES-2022-237 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA AMENDING THE CITY

CLASSIFICATION AND SALARY PLAN AND AUTHORIZING THE CITY

MANAGER TO IMPLEMENT THESE CHANGES

RESOLUTION NO. RES-2022-238 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING AND ADOPTING

THE CITY'S SALARY PLAN AND SCHEDULE

12.2

RESOLUTION - ADMINISTRATIVE COST RECOVERY LIEN AGAINST

THE REAL PROPERTY LOCATED AT 3712 DOUGLAS DRIVE

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

$4,764.70 against the property located at 3712 Douglas Drive for

violations of the City Code which remain uncorrected by the responsible

party, Kelly V. Spiers, and authorize the recordation of a lien and

placement of a special assessment on the property tax roll for collection.

Staff Report

Attachments:

Attachment 1 - Administrative Enforcement Order

Attachment 2 - Abatement Invoice

Attachment 3 - Vicinity Map

Attachment 4 - Case File Photos

Resolution

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-239 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 OCCURRING ON THE

PROPERTY AT 3712 DOUGLAS DRIVE, SANTA ROSA, CA 95405, SANTA

ROSA, APN 014-323-001, AND ORDERING THE ADMINISTRATIVE COST

RECOVERY LIEN BE COLLECTED ON THE TAX ROLL BY THE SONOMA

COUNTY TAX COLLECTOR

12.3

RESOLUTION - ADMINISTRATIVE COST RECOVERY LIEN AGAINST

THE REAL PROPERTY LOCATED AT 211 THERESA STREET,

SANTA ROSA, CA 95407

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 $3460.64

against the property located at 211 Theresa St. for violations of the City

Code which remain uncorrected by the responsible parties, Florentino,

Angelina, Fernando, and Margarita Vicencio, and authorize the

recordation of an administrative cost recovery lien and the placement of

a special assessment on the property tax roll for collection.

Staff Report

Attachments:

Attachment 1 - Administrative Enforcement Order

Attachment 2 - Case File Photos

Attachment 3 - Vicinity Map

Resolution

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-240 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 OCCURRING ON THE

PROPERTY AT 211 THERESA STREET, SANTA ROSA, APN 037-124-014,

AND ORDERING THE ADMINISTRATIVE COST RECOVERY LIEN BE

COLLECTED ON THE TAX ROLL BY THE SONOMA COUNTY TAX

COLLECTOR

12.4

RESOLUTION - ADMINISTRATIVE COST RECOVERY LIEN AGAINST

THE REAL PROPERTY LOCATED AT 2060 IROQUOIS STREET

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

$2,633.61 against the property located at 2620 Iroquois St. for

violations of the City Code which remain uncorrected by the responsible

party, Guillermo Diaz Lopez, and authorize the recordation of a lien and

placement of a special assessment on the property tax roll for collection.

Staff Report

Attachments:

Attachment 1 - Administrative Enforcement Order

Attachment 2 - Case File Photos

Attachment 3 - Vicinity Map

Resolution

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-241 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 2620 IROQUOIS STREET, SANTA ROSA, APN 015-561-011, AND

ORDERING THE ADMINISTRATIVE COST RECOVERY LIEN BE

COLLECTED ON THE TAX ROLL BY THE SONOMA COUNTY TAX

COLLECTOR

12.5

RESOLUTION - SANTA ROSA CITYBUS PUBLIC TRANSIT AGENCY

SAFETY PLAN UPDATE 2023

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution, adopt the

Santa Rosa CityBus Public Transit Agency Safety Plan (PTASP)

Update 2023 to meet the requirements of the Federal Transit

Administration’s Public Transportation Agency Safety Plan Final Rule

and changes from the Bipartisan Infrastructure Law.

Staff Report

Attachments:

Resolution

Exhibit A - PTASP 2023

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-242 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE SANTA ROSA

CITYBUS PUBLIC TRANSIT AGENCY SAFETY PLAN UPDATE 2023

12.6

RESOLUTION - SANTA ROSA CITYBUS SHORT RANGE TRANSIT

PLAN FINANCIAL SCENARIOS FOR FY 2023 TO FY 2028

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department that the Council, by resolution, adopt the

Santa Rosa CityBus Short Range Transit Plan Financial Scenarios for

Fiscal Year 2023 to Fiscal Year 2028.

Staff Report

Attachments:

Resolution

Exhibit A - CityBus SRTP Narrative

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-243 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE SANTA ROSA

CITYBUS SHORT RANGE TRANSIT PLAN FINANCIAL SCENARIOS FOR

FISCAL YEAR 2023 TO FISCAL YEAR 2028

12.7

RESOLUTION - APPROVAL OF THE ACQUISITION OF 3012

DUTTON MEADOW (APN 043-122-007) AND A FUND-TO-FUND

LOAN FROM THE WATER OPERATIONS FUND TO THE STORM

WATER CREEK RESTORATION FUND FOR FINANCING A PORTION

OF THE PURCHASE

RECOMMENDATION: It is recommended by the Transportation and

Public Works Department, Finance Department and Santa Rosa Water

that the Council, by resolution: (1) approve the acquisition of 3012

Dutton Meadow (APN 043-122-007, “Property”) for construction of the

Lower Colgan Creek Restoration Project- Phase 3 and the Lower

Colgan Creek Neighborhood Park subject to all contract contingencies;

(2) approve the demolition of the structures located thereon as the City

Manager may deem necessary; (3) approve a fund-to-fund loan in the

amount of $960,000 from the Water Operations Fund to the Storm

Water Creek Restoration Fund for financing a portion of the purchase of

the Property necessary for construction of the Lower Colgan Creek

Restoration Project- Phase 3; (4) authorize the City Manager or

designee to execute all documents necessary to complete the

acquisition; and (5) appropriate up to $960,000 from the Water

Operations Funds to the Storm Water Creek Restoration Fund for

payment of the fund-to-fund loan.

Staff Report

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-244 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA APPROVING THE ACQUISITION

OF 3012 DUTTON MEADOW (APN 043-122-007) , APPROVING THE

DEMOLITION OF ANY STRUCTURES THEREON, APPROVING A

FUND-TO-FUND LOAN FROM THE WATER OPERATIONS FUND TO THE

STORM WATER CREEK RESTORATION FUND FOR FINANCING A

PORTION OF THE PURCHASE, AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE

THE ACQUISITION AND APPROPRIATION OF UP TO $960,000 FOR

PAYMENT OF THE FUND TO-FUND LOAN

12.8

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

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.

Resolution

Attachments:

This Consent - Resolution was adopted.

RESOLUTION NO. RES-2022-245 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

12.9

ORDINANCE ADOPTION - SECOND READING - ORDINANCE OF

THE COUNCIL OF THE CITY OF SANTA ROSA INCREASING

COUNCIL COMPENSATION IN ACCORDANCE WITH THE

PROVISIONS OF SECTION 4 OF THE SANTA ROSA CITY CHARTER

RECOMMENDATION: This ordinance, introduced at the December 6,

2022, Regular Meeting by a 6-0-1 vote (Alvarez absent), increases

Council compensation in accordance with the provisions of Section 4 of

the Santa Rosa City Charter, providing for an increase in the salary of

Council members from $800 per month to $1480 per month (resulting in

an annual salary of $17,760) and an increase in the salary of the Mayor

from $1200 per month to $2,220 per month (resulting in an annual

salary of $26,640) effective December 14, 2022.

Ordinance

Attachments:

Ordinance Redlines (Updated 12.7.2022)

Ordinance FINAL (Updated 12.7.2022)

This Consent - Ordinance was adopted.

ORDINANCE NO. ORD-2022-018 ENTITLED: ORDINANCE OF THE

COUNCIL OF THE CITY OF SANTA ROSA INCREASING COUNCIL

COMPENSATION IN ACCORDANCE WITH THE PROVISIONS OF SECTION

4 OF THE SANTA ROSA CITY CHARTER

14. REPORT ITEMS

14.1

REPORT - HIGH-DENSITY MULTI-FAMILY RESIDENTIAL INCENTIVE

PROGRAM

BACKGROUND: The High-Density Multi-Family Residential Incentive

Program (Incentive Program) encourages housing development and

increased density in downtown Santa Rosa through the

reduction/deferral of the City development impact fees. The Incentive

Program supports City Council goals to foster a vibrant downtown and

meet housing needs for all. The incentive program was originally

enacted in September 2018 for a limited term of five years. While the

resolutions do not have an expiration date, there is an eligibility

requirement for a qualifying project to “break ground by August 31,

2023”. Breaking ground is defined as securing a foundation permit.

Given the delays caused by emergency responses in recent years on

downtown housing investments and construction, the Council will

consider extending the Incentive Program.

RECOMMENDATION: It is recommended by the Planning and

Economic Development Department that Council, by three separate

resolutions: (1) rescind Resolution 2018-169 and establish payment

options for water and wastewater demand fees and amend the eligibility

criteria for the high density multi-family residential incentive program; (2)

rescind Resolution No. 2019-067 and set forth a revised schedule of

park development impact fees and amend the eligibility criteria for the

high density multi-family incentive program; and (3) rescind Resolution

No. 2019-066 and set forth a revised schedule of capital facilities fees

and amend the eligibility criteria for the high density multi-family

residential incentive program to further support housing development

and increased density in downtown Santa Rosa.

Staff Report

Attachments:

Attachment 1 - Map of Downtown

Attachment 2 - Keyser Marston Associates, Inc. memorandum

Attachment 3 - Maximum Base FAR Map

Attachment 4 - RES-2019-066 (CFF)

Attachment 5 - RES-2019-067 (Parks)

Attachment 6 - RES-2018-169 (Water and Wastewater)

Resolution 1 - CFF

Resolution 1 Exhibit A - Downtown Map

Resolution 2 - Parks

Resolution 2 Exhibit A - Downtown Map

Resolution 3 Water and Wastewater

Resolution 3 Exhibit A - Downtown Map

Presentation

Clare Hartman, Director of Economic Development, Jesse Oswald,

Chief Building Official, Jen Santos, Deputy Director Parks, and

Raissa De La Rosa, Deputy Director Economic Development,

presented and answered questions from Council.

PUBLIC COMMENT

Duane De Witt spoke in support of continuing the incentive program,

incentivizing more downtown development, investing in downtown

parks and urban spaces, and to include accountability for incentives

given.

Josh Shipper, Director of Special Initiatives Generation Housing,

spoke recognizing the success of the downtown fee incentive

program, supports the extension of the program for another three

years, and encouraged Council to repeat the incentive program to

other transit hubs in the city.

Eric Fraser spoke congratulating the Council for reducing the fees,

being confused on the fees previously being charged and about the

discussion of public spaces in the downtown specific area, and

expressed concern if the incentives would create the kind of

performance the Council expects.

Adrian, downtown resident and local lead for Yes In My Backyard

(YIMBY), spoke in support for extending the fee reduction program

for three years and in support of staff's recommendation.

Gregory Fearon spoke on profitability over affordability, and

expressed concern building downtown will not be affordable.

Evan Wiig spoke encouraging the City to look for more incentives

for downtown development as a whole to increase the quality of life

and create economic opportunities, and to seek solutions to

increase incentives where units are more affordable to low and

middle income residents.

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

Member Sawyer, to waive reading of the text and adopt

RESOLUTION NO. RES-2022-246 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA RESCINDING RESOLUTION NO.

RES-2019-066, AND SETTING FORTH A REVISED SCHEDULE OF CAPITAL

FACILITIES FEES CHARGED PURSUANT TO CHAPTER 21-04 OF THE

SANTA ROSA CITY CODE AND AMENDING THE ELIGIBILITY CRITERIA

FOR THE HIGH-DENSITY MULTI-FAMILY RESIDENTIAL INCENTIVE

PROGRAM TO INCREASE HIGH DENSITY DEVELOPMENT AND

AFFORDABLE HOUSING DOWNTOWN

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

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

Member Sawyer, to waive reading of the text and adopt

RESOLUTION NO. RES-2022-247 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA RESCINDING RESOLUTION NO.

RES-2019-067, AND SETTING FORTH A REVISED SCHEDULE OF PARK

DEVELOPMENT IMPACT FEES CHARGED PURSUANT TO CHAPTER 19-70

OF THE SANTA ROSA CITY CODE AND AMENDING THE ELIGIBILITY

CRITERIA FOR THE HIGH DENSITY MULTI FAMILY INCENTIVE PROGRAM

TO INCREASE HIGH DENSITY DEVELOPMENT AND AFFORDABLE

HOUSING DOWNTOWN

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

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

Member Sawyer, to waive reading of the text and adopt

RESOLUTION NO. RES-2022-248 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA RESCINDING RESOLUTION NO.

2018-169 AND ESTABLISHING PAYMENT OPTIONS FOR WATER AND

WASTEWATER DEMAND FEES AND AMENDING THE ELIGIBILITY

CRITERIA FOR THE HIGH-DENSITY MULTI-FAMILY RESIDENTIAL

INCENTIVE PROGRAM TO INCREASE HIGH DENSITY DEVELOPMENT

AND AFFORDABLE HOUSING DOWNTOWN

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

13. PUBLIC COMMENT ON NON-AGENDA MATTERS

Doug Van Dyke spoke asking Council to reconsider their action

designating the 3rd Street garage as surplus land.

Duane DeWitt spoke sharing a document on equitable development

planning from the U.S. Environmental Protection Agency, on

Roseland being a disadvantaged area and Roseland now being

used for the Bellevue area development when Roseland residents

need the help.

Eric Fraser, Truth in Tourism, spoke on the short term rental policy,

the community meetings held regarding the issue, and the backlog

of permit applications waiting to be approved.

Brian Wenter, Land Use Attorney with Miller, Star, Regalia in Walnut

Creek, spoke on the exemptions in the property and surplus land act

that the City may qualify for to move City Hall to a new location.

Natalie Balfour, Airport Business Center, spoke asking Council to

reconsider the approval of resolution RES-2022-234, in a letter

submitted by the Airport Business Center, along with the Chamber

of Commerce, requesting Council give them more time to consider

other options for Garage 5.

Adrian Covert spoke in support of more development in downtown,

for Garage 3 and Garage 5 being designated as surplus land, on

downtown incentives providing an opportunity for the City, and

expressed concern on the amount of traffic congestion downtown

development may cause if safe routes for bicycles are not provided.

14.2

REPORT - ADOPTION OF EMERGENCY OPERATIONS PLAN

BACKGROUND: City EOP Planning Team was formed in March 2022

to review and update the 2017 Basic Plan and each Annex. The major

changes made since 2017 are found on page 34 of the EOP Basic

Plan.

EOP Advisory Council was formed on August 10, 2022 and included

representatives from a pool of community leaders provided by the Office

of Community Engagement.

Extensive outreach via social media was conducted by the

Communications and Intergovernmental Relations Office, to include a

public “Lets Connect” webpage that contained the full EOP and the

opportunity to complete a public comment survey.

Two Public Meetings were held. One in person on September 12, 2022

and the second virtual via Zoom on September 14, 2022.

EOP Advisory Council reviewed all public comments received and

recommended how those comments might be incorporated into the final

version of the EOP.

RECOMMENDATION: It is recommended by the Fire Department that

the Council, by resolution, adopt the Santa Rosa Emergency

Operations Plan.

Staff Report

Attachments:

Resolution

Exhibit A - Emergency Operations Plan

Presentation - Emergency Operations Plan

Brittany Miller, Deputy Emergency Preparedness Coordinator, and

Neil Bregman, Emergency Preparedness Coordinator, presented

and answered questions from Council.

No public comments were made.

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

Member Fleming, to waive reading of the text and adopt

RESOLUTION NO. RES-2022-249 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA ADOPTING THE CITY OF SANTA

ROSA EMERGENCY OPERATIONS PLAN

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

15. PUBLIC HEARINGS - NONE.

16. WRITTEN COMMUNICATIONS - NONE.

Mayor C. Rogers recessed the meeting at 6:07 p.m. and reconvened at 6:14

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. COUNCIL REORGANIZATION

17.1

REPORT - DECLARATION OF RESULTS FOR THE GENERAL

MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8, 2022,

FOR (1) THE PURPOSE OF ELECTING MEMBERS FOR FOUR

DISTRICT-BASED OFFICES OF THE CITY COUNCIL FOR

DISTRICTS 2, 4 AND 6, EACH FOR A FULL TERM OF FOUR YEARS

AND DISTRICT 3 FOR A TERM OF TWO YEARS; AND (2)

SUBMITTING TO THE VOTERS MEASURE H AND RELATING TO

THE SALES TAX, MEASURE I RELATING TO DISTRICT-BASED

ELECTIONS, AND MEASURE J RELATING TO CITY CHARTER

LANGUAGE UPDATE AND MODERNIZATION

BACKGROUND: Pursuant to City Charter Section 30 and the California

Elections Code, the City Council called a General Municipal Election for

Tuesday, November 8, 2022, for (1) the purpose of electing one

candidate for each City Council office for Districts 2, 4 and 6, each for a

full term of four years and for District 3 for a term of two years; and (2)

submitting to the voters Measure H relating to the Sales Tax, Measure I

relating to District-Based elections, and Measure J relating to City

Charter Language Update and Modernization.

RECOMMENDATION: It is recommended by the City Clerk that the

Council: 1) by resolution, recite the fact and declare the results of the

Consolidated General Municipal Election held on Tuesday, November

8, 2022, for the election to the City Council of Mark Stapp for District 2,

Victoria Fleming for District 4, Jeff Okrepkie for District 6, each for a full

term of four years, and Dianna MacDonald for District 3 for a term of

two years, and the approval of City of Santa Rosa Measure H - City of

Santa Rosa Funding for Public Safety, Measure I - City of Santa Rosa

City Charter Amendment - District - Based Election of Council Members,

Measure J - City of Santa Rosa City Charter Update and Modernization;

and 2) adopt an Ordinance amending Chapter 3-26 of the Santa Rosa

City Code to extend an existing quarter-cent transaction and use tax to

fund public safety and violence prevention programs and to update

permissible uses of the tax revenues.

Resolution

Attachments:

Exhibit A

Ordinance

Certificates of Election

Presentation

Stephanie Williams, City Clerk, presented and answered questions

from Council.

PUBLIC COMMENT

Eric Fraser spoke on the erosion of public trust, expressed concern

with the undercount of ballots, the need for ranked choice voting,

and felt his civil and voting rights were abused.

Anthony spoke congratulating the candidates that won and thanked

Council Member Elect Mark Stapp for showing up for his Capstone

Project presentation in front of his class at Sonoma State.

Omar Lopez, Generation Housing, spoke thanking Mayor C. Rogers

for his service to the community.

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

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

RESOLUTION NO. RES-2022-250 ENTITLED: RESOLUTION OF THE

COUNCIL OF THE CITY OF SANTA ROSA RECITING THE FACT OF THE

GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 8,

2022, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS

PROVIDED BY LAW

ORDINANCE NO. ORD-2022-019 ENTITLED: ORDINANCE OF THE CITY OF

SANTA ROSA AMENDING CHAPTER 3-26 OF THE SANTA ROSA CITY

CODE TO EXTEND EXISTING ¼ CENT SPECIAL SALES TAX (ADOPTED BY

CITY VOTERS AS MEASURE O AT THE NOVEMBER 2004 ELECTION) FOR

AN ADDITIONAL TWENTY YEARS AND EXPANDING ALLOWABLE USES

OF FUNDING

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

Additional comments to Council Member Schwedhelm and Council Member

Sawyer

Council Members made comments to outgoing Council

Member Schwedhelm and Council Member Sawyer thanking

them for their service to the community and mentoring over the

years.

Jen Klose, Executive Director Generation Housing, echoed

the comments of Omar Lopez, thanked Council Member

Schwedhelm and Council Member Sawyer for their work, for

being models of civility while leading with strength, humility and

generosity, thanked Mayor C. Rogers for his professionalism

as Mayor, and expressed to sitting and newly elected Council

Members gratitude for their service.

Brian Ling spoke thanking Council Member Schwedhelm and

Council Member Sawyer for their work as exemplary leaders in

the community.

Brenden Sweeny, Representative for Congressman Mike

Thompson, spoke thanking Council Member Schwedhelm and

Council Member Sawyer for their work and pronounced the

two congressional record statements delivered by the

Congressman in the well of the House would be permanently

entered into the congressional record in honor of their

achievements for their service to the community and wider

nation.

Duane De Witt spoke thanking Council Member Schwedhelm

and Council Member Sawyer for their service to the community

and congratulated the newly elected members.

Maddie Hirshfield, North Bay Labor Council, spoke thanking

Council Member Schwedhelm and Council Member Sawyer

for their service and to Mayor C. Rogers in his service as the

Mayor.

Calum Weeks spoke thanking Council Member Schwedhelm

and Council Member Sawyer for their strong leadership and

service to the community.

Efren Carrillo, Burbank Housing, thanked Council Member

Schwedhelm and Council Member Sawyer for the partnership

and leadership they demonstrated with the residents and the

entire county, and thanked Mayor C. Rogers for his leadership.

Council Member Schwedhelm thanked everyone for their

comments, always wanting to make a difference in the

community, being proud of Santa Rosa, commended City

Manager Smith and City Attorney Gallagher for their work,

thanked city staff for all their work, thanked his family for their

support, and thanked Mayor C. Rogers for making a difference

in the community.

Council Member Sawyer spoke on being humbled by all the

kind words, he thanked the voters for putting him on the

Council for four terms and stated it was an honor to serve the

community. He thanked his husband for his support and

thanked Mayor C. Rogers and previous Mayors for their work

for the community.

17.2

ADMINISTRATION OF OATH OF OFFICE TO NEWLY

ELECTED COUNCIL MEMBERS, PRESENTATION OF

CERTIFICATES OF ELECTION, AND SEATING OF THE

NEWLY ELECTED COUNCIL MEMBERS

City Clerk Williams administered the Oaths of Office to the

newly elected Council Members Fleming, MacDonald,

Okrepkie, and Stapp.

PUBLIC COMMENT

Sergo congratulated the new Council Members and knows

they will help the city.

Bolina spoke congratulating the new Council Members.

Council Member Okrepkie thanked his family for their support,

especially his wife, and to his parents for setting a great

example in serving his community, his kids, his treasurer, to

City staff and looks forward to working with them and working

with the Council.

Council Member Fleming thanked her family, partner, parents,

friends and everyone who supported her. Council Member

Fleming thanked the Mayor for his leadership and the City

Clerk's team for shepherding candidates through the process.

Council Member MacDonald expressed her commitment to

the city and stated it is an honor to serve with the Council and

thanked her family for their support.

Council Member Stapp thanked his wife, his mom, and the

people in the chamber for their support, and looks forward to

working on projects in the future.

17.3

ELECTION OF MAYOR

It is recommended by the City Attorney that, following induction of

the newly elected Council members, the Council elect a Mayor in

accordance with Sections 6 and 15 of the Santa Rosa City

Charter and Section XII of the City Council Manual of Procedures

and Protocols. The Mayor will serve for a term of two years.

Staff Report

Attachments:

Attachment 1

Late Correspondence (Uploaded 12-13-2022)

City Attorney Gallagher outlined the voting procedure used for

election of a Mayor.

PUBLIC COMMENT

Eric Fraser spoke expressing concern on the numbers in the

election, and district elections being co-opted by special

interests.

Ever Flores, Santa Rosa School Board Member District 1,

spoke on why the California Voting Rights Act was enacted,

and in support for Council Member Fleming being the next

Mayor.

Madonna Feather spoke recommending the next Mayor be a

woman of color.

Council Member Alvarez made a motion to nominate Council

Member N. Rogers for Mayor. Council Member N. Rogers

seconded the motion.

Council Member Okrepkie nominated Council Member

MacDonald for Mayor. Council Member Stapp seconded the

motion.

Mayor C. Rogers nominated Council Member Fleming for

Mayor. Council Member Fleming accepted and seconded the

motion.

Council Members were instructed to vote for two nominees.

After the first round of voting by ballot, City Attorney Gallagher

announced the results as follows:

Council Member MacDonald received three votes.

Council Member Fleming received two votes.

Council Member N. Rogers received two votes.

Due to the Council policy stating nominees receiving one vote

or less will be eliminated, Council was instructed by City

Attorney Gallagher to conduct a second round of voting and

for each Council Member to vote for only one nominee.

After a second round of voting by ballot, City Attorney

Gallagher announced the results as follows:

Council Member Fleming received two votes.

Council Member MacDonald received three votes.

Council Member N. Rogers received two votes.

Due to all the nominees receiving more than one vote, none

were eliminated and City Attorney Gallagher recommended to

Council a third round of voting for only one nominee or for

Council to waive the policy to consider an alternative.

Mayor C. Rogers made a motion to waive the policy and

conduct a run-off vote between nominees Council Member N.

Rogers and Council Member Fleming, who received two votes

each. The winner of the run-off vote would move forward to a

vote against nominee Council Member MacDonald. The

motion was seconded by Vice Mayor Alvarez and passed

unanimously by the Council.

After a third round of voting by roll call vote, the results were as

follows:

Council Member Fleming received three votes.

Council Member N. Rogers received four votes.

Council Member N. Rogers moved forward in a run-off vote

against nominee Council Member MacDonald.

After a fourth round of voting by roll call vote, the results were

as follows:

Council Member MacDonald received three votes.

Council Member N. Rogers received four votes.

Council Member N. Rogers was voted in as the new Mayor for

a two-year term ending December 2024.

Vice Mayor Alvarez made comments of thanks to Council

Member C. Rogers for mentoring him when he was elected as

a new Council Member.

Council Member MacDonald thanked Council Member C.

Rogers for his commitment to Santa Rosa.

Mayor N. Rogers thanked Council Member C. Rogers for his

service for the past two years.

Council Member Fleming commented on learning from

Council Member C. Rogers in his role as Mayor and for finding

solutions for each one of the Council Members to shine in

serving the residents and their constituents.

17.4

ELECTION OF VICE MAYOR

It is recommended by the City Attorney that, following the

induction of new Council members and the election of a Mayor,

the Council elect a Vice Mayor in accordance with Section 15 of

the Santa Rosa City Charter and Section XII of the City Council

Manual of Procedures and Protocols. The Vice Mayor will serve

for a term of one year.

Staff Report

Attachments:

Attachment 1

PUBLIC COMMENT

Pastor Jose, Victory Outreach, thanked Council for their

service and being grateful for Council Member N. Rogers

becoming the Mayor and for her participation in the community.

A motion was made by Council Member Fleming to nominate

Council Member MacDonald for Vice Mayor. The motion was

seconded by Council Member C. Rogers. No other

nominations were made.

Mayor N. Rogers declared Council Member MacDonald as

Vice Mayor by unanimous consent of the Council.

18. PUBLIC COMMENTS ON NON-AGENDA MATTERS

Peter Allan, President of Wild Oak Homeowners Association, spoke

expressing concern on a property having a temporary construction

utility meter on a private slope easement that violates a code, that

the City granted a permit for occupancy in opposition to the violation,

and asked if the City was aware of the legal expenses as the

Association pursues their interest to have their slope easements

recognized.

John Quinn, Vice President of Wild Oak Home Owners Association,

spoke expressing concern with the building department issuing a

permit for the installation of gas and electric meters on a private

easement that is contrary to city code and their CCRs, and informed

Council if the city continues to ignore this law, the City would be

exposing itself to serious legal issues.

Jim Alsten spoke on Santa Rosa being an incredible community,

and expressed concern and echoed the comments of speakers

Peter Allan and John Quinn regarding the installation of gas and

electric meters on a private easement that is a code violation.

Natalie Balfour, Airport Business Center, congratulated Mayor N.

Rogers and Vice Mayor MacDonald and asked if the Council

supports reconsidering the declaration of Garage 5 as surplus land.

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] - NONE.

20. ADJOURNMENT OF MEETING