Santa Rosa City Council Regular Meeting – July 25, 2023
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Santa Rosa City Council Regular Meeting – July 25, 2023
The Santa Rosa City Council met on July 25, 2023, beginning with a closed session at 1:30 PM and reconvening in open session at 4:00 PM. Mayor Natalie Rogers was absent; Vice Mayor Dianna MacDonald presided. The agenda included a proclamation for outgoing City Attorney Sue Gallagher, consent items, a major discussion on revisions to the Short-Term Rental ordinance, and several reports including the Southeast Greenway acquisition, water supply assessment, police military equipment report, and weed abatement program.
Proclamation
- Sue A. Gallagher, City Attorney: Council read and presented a proclamation honoring Gallagher’s seven and a half years of service as City Attorney. She responded with gratitude. No public comments.
Consent Calendar
- Items 12.1, 12.2, 12.3, 12.4, and 12.6 were approved unanimously (6-0) under the consent agenda. These included: a fourth amendment to a legal services agreement with Geary, Shea, O’Donnell, Grattan & Mitchell P.C. (additional $75,000, total $350,000); approval of tow vendor franchises for police-generated tows; a professional services agreement with Macias Gini & O’Connell LLP for financial audit services ($1,629,060 over five years); a resolution supporting a Transformative Climate Communities Program grant application; and second reading of an ordinance establishing salary and benefits for interim City Attorney Burke, Williams & Sorensen, LLP.
Public Comments & Testimony
- On Consent Item 12.4 (Transformative Climate Communities Grant): Duane DeWitt expressed concern about lack of community engagement in Southwest Santa Rosa and urged the city to not “pimp us out for you getting money.”
- On Short-Term Rental Ordinance (12.5): Multiple speakers (Eric Fraser, J. Storie, Charles, Lauren Requarth, Alex C., Carl, Dan Gudino) spoke in support of short-term rentals and opposed restrictive amendments. They argued the ordinance villainizes operators, raises harassment concerns, and criticized the three-strike revocation and transferability limits. Eric Fraser from Truth in Tourism called it a “war on STRs.”
- On Southeast Greenway (14.3): Nine speakers, including Linda Proulx (Southeast Greenway Campaign), John McCaull (Sonoma Land Trust), Eris Weaver (Sonoma Bike Coalition), and pre-recorded messages, all expressed strong support for the acquisition. They praised the partnership and emphasized the need for maintenance and public safety.
- On Police Military Equipment Report (14.2): Victor Castro asked about cost savings from drones but did not receive a response during public comment.
Discussion Items
- Short-Term Rental Ordinance (12.5) – Second Reading with Amendments: Council discussed and voted on several amendments after pulling the item from consent.
- Principal Residence Clarification: Councilmember Fleming motioned to direct staff to add “principal residence” definition for hosted rentals and work with the city attorney on application requirements. Friendly amendment to include in application rather than ordinance. Passed 6-0.
- Transferability: Motion to limit transfer to spouse/domestic partner only, striking trust language. Passed 4-2 (Okrepkie and Stapp dissenting).
- Two-Year Review: Motion to strike specific language requiring reconsideration of the cap in two years, but retain a study session to review impacts. Passed 6-0.
- Revocation Applicability: Motion to clarify that revocation applies only to the subject property that received three citations, not all properties owned by the same operator. Passed 6-0. Earlier, a motion to revoke all permits was withdrawn after city attorney raised legal concerns.
- Final Adoption: Motion to adopt ordinance as amended passed 6-0.
- Southeast Greenway Property (14.3): Staff presented the plan to purchase ~49 acres from Caltrans for a public park and bike/pedestrian path, with ~10 acres retained for affordable housing. Council approved resolution 5-0 (Fleming absent). The resolution declares public purpose in perpetuity, approves a deed restriction, waives park land dedication requirements for the developable parcels, and authorizes negotiation and execution of a purchase agreement.
- Water Supply Assessment (14.1): Staff reported that existing and projected water supplies are sufficient for General Plan 2050 through 2043, with demand management in dry years. Resolution adopted 4-0 (Alvarez, Fleming, Mayor Rogers absent).
- Police Annual Military Equipment Report (14.2): Captain Marinck presented a summary of deployments (drones 165 times, armored vehicle 14, etc.) and future purchases. Council approved renewal of the ordinance 5-0.
- Weed Abatement Public Hearing (15.1): Fire Marshal presented the annual report; no public objections. Council confirmed the cost report and authorized liens on delinquent parcels. Resolution adopted 5-0.
Key Outcomes
- Short-Term Rental Ordinance: Adopted with amendments to clarify principal residence, limit permit transferability to spouse/domestic partner, remove specific two-year cap reconsideration language (but retain study session), and clarify that revocation applies only to the violating property. Vote 6-0.
- Southeast Greenway: Approved resolution for acquisition and public purpose declaration. Vote 5-0.
- Water Supply Assessment: Approved resolution. Vote 4-0.
- Police Military Equipment Report: Approved renewal of ordinance and report. Vote 5-0.
- Weed Abatement: Confirmed report and authorized assessments. Vote 5-0.
- Consent Items: Approved 6-0.
- Delegates for League of California Cities Conference: Appointed Mayor Rogers as voting delegate, Vice Mayor MacDonald as first alternate, Councilmember Fleming as second alternate. Vote 6-0.
- Appointments to School Subcommittee: Approved Mayor’s appointments (Mayor Rogers, Vice Mayor MacDonald, Councilmember Okrepkie) to the Santa Rosa City Schools and City Council Subcommittee on safety and security. Vote 6-0.
- Approval of Minutes: July 11, 2023 special and regular meeting minutes approved as submitted.
- The meeting adjourned at 7:33 PM.
Meeting Transcript
Meeting. Adam City Clerk, will you please call roll? Councilmember Stapp. Councilmember Rogers. Council Member O'Krepki. Council Member Fleming. Vice Mayor McDonald. Here. Good afternoon, everyone. Thank you for joining us for our July twenty-fifth, twenty twenty-three meeting. Um, thank you to those of you in chambers, to our staff and members of the council that are present. It is four oh three, and we're gonna call this meeting to order. Madam City Clerk, will you please call roll? Thank you, Vice Mayor. Councilmember Stapp. Here, Councilmember Rogers. Here, Councilmember O'Krepki here. Councilmember Fleming, here, Councilmember Alvarez, President. Vice Mayor McDonald, here. And let the record show that count or Mayor Rogers will be absent today. Thank you so much. Um we are now going to announce um any reportable actions taken during closed session. Madam City Attorney. Uh thank you, uh, Madam Vice Mayor. Um the council met in closed session on three items today. I do want to note that Mayor Rogers did participate uh in the closed session on item two point one. She participated remotely due to a medical emergency. Um she participated with the approval of the council under AB two four four nine. So the council met on three items. Um item two point one was a conference with labor negotiators um concerning uh the city attorney position. Uh council gave the negotiator directions and took no final action. Item two point two is a conference with legal counsel regarding existing litigation. So regarding the case of Palaio uh versus utility partners of America. The council gave direction to legal counsel, uh, and no final action was taken on that item either. And finally, the council met on item two point three, which is a conference with a real property negotiator, and it concerns state-owned lands, uh excess lands located between Farmers Lane and Spring Lake Regional Park, also known as the Southeast Greenway. Um again, council gave direction to the uh real property negotiator and took no final action. Thank you. Thank you, Madam City Attorney. We are now on item six, proclamations and presentations, item six point one. Um we are going to go ahead and start with the proclamation and we will take public comment, but I am asking Councilmember Rogers to please read this proclamation. Thank you, Vice Mayor. Whereas Sue Gallagher has faithfully served the City of Santa Rosa and the office of the city attorney for seven and a half years from January 2016 until May 2017 as an assistant city attorney, and from May 2017 until July 2023 as the city attorney, following 26 years of dedicated public service with Sonoma County Council. And whereas Sue is a lawyer of utmost integrity and exemplifies the finest qualities a lawyer can possess dedication, common sense, innovative thinking, tenacity, the ability to analyze complex legal problems, quick thinking under pressure, unwavering strength and courage, and she has relentlessly pursued perfection in the practice of law. And whereas, under her leadership, the city attorney's office has continued to work proactively with all city departments to maintain the highest legal standards and has successfully brought and defended some of the largest and most complex cases in Santa Rosa history. And whereas Sue vigorously pursued on behalf of the council and the citizens of Santa Rosa environmental accountability and cleanup of the city through the deft prosecution of numerous cases of environmental contamination. And whereas, with professionalism and legal expertise, employed in a straightforward and determined manner, Sue provided guidance and leadership in negotiating and reaching a resolution beneficial to the city and the residents of Santa Rosa in both the devastating Tubbs fire and Kincaid fire litigation against PG ⁇ E, resulting in a recovery of 96 million dollars. And whereas Sue was instrumental in advising the city regarding several substantive citywide policies and regulations, including but not limited to short-term rentals, cannabis, housing action plan, all electric reach codes, and the citywide ban on new gas stations, each of which has benefited the residents of Santa Rosa. And whereas Sue's legal expertise, ability to quickly grasp new areas of the law and provide exemplar exemplary and prompt legal guidance will be missed, yet even more so, we will miss her compassionate support of staff, her wit, humor, and friendship. And whereas the City of Santa Rosa and the Office of the City Attorney were extremely fortunate to have the benefit of Sue's professionalism, dedication, counsel, and leadership for so many years, which has greatly contributed to the reputation of the city attorney's office and the legal community, and she will greatly be missed. Now, therefore, be it resolved that Natalie Rogers, mayor of the City of Santa Rosa, on behalf of the entire city council, do hereby express our sincere and heartfelt appreciation to Sue for her distinguished service to the City of Santa Rosa.
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