Santa Rosa City Council Regular Meeting – February 14, 2023

This meeting of the Santa Rosa City Council, held on February 14, 2023, from 3:30 p.m. to 7:27 p.m., included interviews for the Housing Authority, a public hearing on the 2023-2031 Housing Element Update, and approval of several consent items. Council members present: Mayor Natalie Rogers, Vice Mayor Dianna MacDonald, Council Members Eddie Alvarez, Victoria Fleming, Jeff Okrepkie, and Chris Rogers. Council Member Mark Stapp was absent. The meeting also featured a staff briefing on the Community Empowerment Plan, a report on upcoming changes to the Brown Act, and a resolution to hire a retired annuitant as part-time Acting Chief Assistant City Attorney.

Interviews for Housing Authority Vacancies

• The Council interviewed four applicants for three at-large vacancies on the Housing Authority (terms expiring December 31, 2026): Andrew Smith, Jeremy Newton, Jeffrey Owen, and Tony Neal.
• Public comment: Duane DeWitt urged the Council to prioritize downtown affordable housing and expressed concern about the lack of housing authority focus on downtown priorities. He also noted that he had applied but was not interviewed.
• The Council voted to reappoint Jeffrey Owen (6-0-1, Stapp absent), appoint Jeremy Newton (6-0-1), and appoint Andrew Smith (4-2, with Okrepkie and C. Rogers voting no). The third vacancy was filled by Andrew Smith after a motion by Mayor Rogers; Council Members Okrepkie and C. Rogers voted no. Staff will bring a resolution confirming the appointments at the next meeting.

Community Empowerment Plan Update (Item 8.1)

• Danielle Garduno, Office of Community Engagement, reported on the Diversity, Equity and Inclusion Mini-Grant Program, the Citywide Internship Program, and next steps for the Community Empowerment Plan. Applications for mini-grants will be available on a first-come, first-served basis, reviewed quarterly.
• Public comment: Duane DeWitt expressed that community empowerment was not occurring in Roseland and other underserved areas, and that the bureaucracy was not effectively reaching residents.
• The item was received and filed.

City Attorney’s Report (Item 9)

• City Attorney Sue Gallagher informed the Council that AB 361 (allowing remote participation without constraints) will expire at the end of February 2023. Starting in March, Council members will be subject to pre-existing Brown Act rules (remote location must be posted and accessible to the public) or new provisions under AB 2449 for just cause or emergency circumstances. The public will continue to have hybrid participation options.

Consent Calendar

• Items 13.1–13.5 and 13.8 were approved unanimously (6-0-1, Stapp absent):
  • 13.1: Authorization to issue a Design-Build Request for Proposals for the Fulton Road Riparian Habitat Mitigation Project.
  • 13.2: Resolution adopting amended Council Policy 000-47 “Community Promotion Funds” (RES-2023-028).
  • 13.3: Resolution approving a second amendment to the HVAC maintenance contract with Matrix HG, Inc., increasing compensation by $65,806.22 (total not to exceed $235,624.63) (RES-2023-029).
  • 13.4: Resolution approving an amendment to blanket purchase order with Smothers Parts International for automotive parts, increasing compensation by $350,000 (total not to exceed $447,000) (RES-2023-030).
  • 13.5: Resolution establishing speed limits on Cross Creek Road: 25 mph between Thomas Lake Harris Drive and Cross Creek Circle North, 30 mph between Cross Creek Circle North and Riebli Road (RES-2023-031).
  • 13.8: Resolution authorizing continued use of teleconferencing for public meetings under AB 361 until state and county health emergencies are lifted (RE-2023-032).
• Items 13.6 and 13.7 were approved (5-0-2, Okrepkie abstained, Stapp absent):
  • 13.6: Ordinance (second reading) pre-zoning 4646 Badger Road and 999 Middle Rincon Road to R-1-6 (Single-Family Residential) (ORD-2023-001).
  • 13.7: Ordinance (second reading) pre-zoning 1600 Manzanita Avenue to RR-40-SR (Rural Residential Scenic Road Combining District) (ORD-2023-002).
• Public comment: Duane DeWitt recommended public workshops on Item 13.2 and advocated for maintaining hybrid meetings and reconsidering the 3-minute speaking limit.

Public Comments on Non-Agenda Matters (Item 14)

• Multiple speakers addressed crosswalk safety near schools, requesting the Council add the issue to a future agenda. Speakers included Krystal England, Thomas Ells, Sandra Lemos, Monika Zapata, Martha Valdez, and Nancy (Santa Rosa City Schools employee).
• Tom LaPenna discussed five mobile home parks not included in the mobile home park ordinance and requested clarification of the rent control amount on the city website.
• Margaret DeMatteo, Legal Aid of Sonoma County, requested prioritization of mobile home rent increase issues for the March 9th goal setting meeting.
• Gregory Fearon highlighted available federal funds from the Bipartisan Infrastructure Law and Inflation Reduction Act.
• Several other speakers addressed housing, homelessness, and utility meters.

Public Hearing – Housing Element Update (2023-2031) (Item 16.1)

• The Council held a public hearing to consider a General Plan Amendment adopting the 2023-2031 (6th cycle) Housing Element. Staff presented the plan, including a housing needs assessment, fair housing analysis, site inventory, and 42 actions/programs. The plan does not require rezoning to meet the Regional Housing Needs Allocation (RHNA) of 4,685 units.
• Public comment: 19 speakers provided comments. Many expressed support for the plan but offered suggestions, including:
  • Eliminating inclusionary housing requirements (Adrian Covert, Lauren Fuhry).
  • Eliminating parking minimums citywide (Adrian Covert, Alexa Forrester, Steve Birdlebough).
  • Increasing bike parking and improving bike/pedestrian infrastructure (Evan Wiig, Kristen Kiefer).
  • Strengthening tenant protections and anti-displacement measures (Margaret DeMatteo).
  • Ensuring equitable distribution of affordable housing across the city (Duane DeWitt, Bob Harder).
  • Supporting the plan’s adoption to avoid the “builder’s remedy” and maintain state compliance.
• The Council closed the public hearing at 7:11 p.m.

Key Outcomes

• Housing Element Adoption: The Council voted 6-0-1 (Stapp absent) to adopt two resolutions:
  1. Resolution RES-2023-033 adopting an addendum to the 2035 General Plan EIR for the Housing Element Update.
  2. Resolution RES-2023-034 adopting the General Plan Amendment to update the Housing Element for 2023-2031, including affirmatively furthering fair housing, and authorizing staff to submit the adopted element to the California Department of Housing and Community Development (HCD) for certification. The motion also allowed staff to make minor revisions without returning to the Council.
• Hiring of Retired Annuitant (Item 15.1): The Council approved Resolution RES-2023-035 to hire Jeffrey Berk, retired Chief Assistant City Attorney, as a part-time Acting Chief Assistant City Attorney from February 21, 2023, through February 20, 2024, or until the permanent position is filled. Compensation: $101.46 per hour with no benefits. Vote: 6-0-1 (Stapp absent).
• Housing Authority Appointments: Jeffrey Owen, Jeremy Newton, and Andrew Smith were appointed to the Housing Authority. Staff will bring a resolution to confirm the appointments at the next meeting.
• Directives: Staff was directed to re-advertise the third Housing Authority vacancy (after the Council filled all three positions by appointing Andrew Smith instead of leaving the third vacant). The Council also noted that the public will continue to have hybrid access to meetings even after the expiration of AB 361 for Council members.