Good afternoon. This is the May 25th city council meeting will be starting shortly for those just joining the meeting live Translation in Spanish is available and members wishing to listen in Spanish can join the Spanish channel to do so click on the Interpretation icon in zoom toolbar. It looks like a globe once you join the Spanish translation We recommend you shut off the main audio so you only hear the Spanish translation Interpreter Pablo, can you please translate? Bienvenidos a la reunión de hoy día mayo 25 del año 20 21 La Paros que unen a la reunión Interpretation en vivo Y los miembros que deseen escuchar en español lo pueden hacer uniéndose al canal Español haciendo clic en el icono de interpretación en la bada herramientas de zoom que ahora parece un globo terracchio Una vez que se una al canal de español también se recomienda que apague el audio primario para que solo escuche la interpretación al español Thank Thank you. All right madam city clerk while we locate another council member Let's go ahead and give the reminder about how to access our Spanish Translation for today. I also see council member Fleming in the attendees section Yes, thank you for those just joining the meeting life's Translation in Spanish is available and members wishing to listen in Spanish can join the Spanish channel to do so click on the interpretation icon in The zoom toolbar it looks like a globe once you join the Spanish channel We recommend you shut off the main audio so you only hear the Spanish translation And interpret a problem. Can you please translate? Union Interpretation in vivo en español está disponible y los miembros que deseen escuchar en español pueden unirse al canal para unirse haga clic en el icono de interpretación en la barra de herramientas de zoom que ahora parece un globo terracchio Una vez se una al canal de español también se recomienda que apague el audio primario para que solo escuche la interpretación al español Madam city clerk. Let's go ahead and call the roll councilmember tidbits councilmember schwethelm here councilmember Sawyer here councilmember Fleming here councilmember Alvarez Vice Mayor Rogers Mayor Rogers here So there is excuse me let the record show that all council members are present with the exception of council members Alvarez and tidbits and Vice Mayor Rogers Great. Thank you so much. So before we go into our closed session Let's go ahead and see if we have any public comment for our closed session item agendas If you're interested in speaking on closed session go ahead hit the raise hand feature on your zoom or hit star 9 on your phone All right, I'm saying no hands madam city clerk. Did we have any pre-recorded voicemail public comments? Yeah, yes, I will play that for you now. I'm quite concerned that the city may be doing a fast type of Good old boy network. My apologies one moment, please We're hiring situation Yeah, I am 2.1 public employment city manager Our current city manager is being a satios going elsewhere We have qualified staff already Employed by the city of Santa Rosa that can step in and take that person's place Until we find someone Will do a good contract with us Stay with us for the long haul least 10 years before they get a pension And actually help the city improve Rather than just mark time Till they can find a better hire paying job Looking at the agenda. It appears that you've put an item on 12.12 Without preliminary notice saying you're gonna hire a former city manager Jeffrey colon For what looks like about $20,000 a month For the one month that's listed on here Which would be all of June You should save that money Use the people we've already got on our payroll and not hire somebody from the good old boy network To get back in there and just run the same old schemes on us We need to have true Open government. It's not happening and it never happened with mr. Colon So please During this closed session have a discussion about how to save the taxpayers money By using the employees we already have and not hire anybody else during this interim time While we look for that Stellar exemplary city manager that will stay with us for 10 years and not leave out just to get another Retirement package elsewhere Thank you All team that concludes voicemail public comment All right. Thank you, and let's also reflect that councilmember alvarez has been able to join the meeting And now we will recess into closed session and we'll come back for further parts of our meeting later today All right, madam zoom host. I Recognize a quorum for the council. Let's go ahead and resume our council meeting for today Me to go ahead and do a roll call vote Certainly mayor councilmember tibet here Councilmember Schwedhelm here one moment just ran into technical difficulty Okay, councilmember Sawyer. Thank you here councilmember Fleming here Councilmember Alvarez Councilman or vice mayor Rogers Mayor Rogers here Thank you, let the record show that all count members are present Great. Thank you so much Let's go ahead and see madam city clerk city attorney. Do you want to do a report out from our closed session items? Yes, thank you, mr. Mayor the council met today on six closed session items I'm 2.1 was public employment with respect to the city manager position council heard a report and gave direction to staff similarly on Item 2.2, which is a conference with labor negotiations labor negotiators council heard a report and gave direction to staff The council then heard two matters I'm sorry. No item 2.3 got ahead of myself a little bit there Item 2.3 is a conference with legal counsel on existing litigation. That is the Benucci versus county of Sonoma at all case again On that matter the council gave direction to legal counsel We then had two items with our real property negotiator The first was cornerstone properties concerning the property located at 410 v street parking lot two and Council gave direction to the negotiator with respect to that property transaction proposed property transaction and then also heard the matter of county of Sonoma Trans potential trans real estate transaction respect to property located at 741 3rd street and 758 4th street and gave direction to the real property manager and the additional negotiations negotiators And then finally the council heard a report on existing litigation the county of Sonoma City of Santa Rosa at all versus page e and e that concerned The litigation with respect to the king cave fire council gave direction to legal counsel on that case as well And that is the summary of the closed sessions today Great. Thank you so much. Madam city attorney We'll go on to our proclamations and presentations for the day We have item 6.1 a proclamation on national wildfire awareness month and it's uh councilmember fleming's turn Yes, thank you mayor and um today is another windy day already in Um this dry season. So probably is uh right on time here so There we go as since 2017 the city of Santa Rosa has been threatened And or directly impacted by the tubs nuns concave and glass fires And whereas the tubs fire was one of the most destructive wildfires in state history And whereas according to the national interagency fire center humans cause an average of 68 percent of fires per year in the united states and those humans started fires of those 2.8 million acres burned each year and in 2018 8,767,492 acres burned due to humans started enlightening strikes And whereas in 2020 9,917 fires burned and 4,257,863 acres across california And whereas prevention campaigns and public outreach throughout collaborative efforts is fundamental in reducing the threat of wildfires and Whereas wildfire preparedness Is year-round and takes all of us to safeguard our lands and our communities and our livelihoods by reducing hazardous fuels Creating defensible spaces home hardening and taking personal responsibilities For our actions now for therefore be a result that frisk rogers mayor of city santa rosa And then our city council do hereby proclaim may as national wildfire awareness month And I just want to say those numbers are real challenge. So Thank you chris Yeah, well, thank you so much for reading the the proclamation council. Do we have any comments on it? Or any public comment on this item? I see No hands raised on this item that we can promote our director of community engagement for the next one And madame city clerk. Do we have any pre-recorded voicemail comments on the item 6.1? There's no public comment on items Okay, uh, mr. Santa manager will go on then to our staff briefings Yes, this evening. Uh, we don't have a 7.1 covid response update So I'll move forward to 7.2 community empowerment plan update the galateas deputy director community engagement presenting Uh, thank you and good afternoon mayor rogers and members of the council My galateas director of community engagement here to present an update on our community empowerment plan I'd like to start off with the mary lou patrol car fta productions started filming the proposed documentary on may 8th At the snowman county lord or council single the myo cruise A legal is looking over the scope of work for our mo u and the hydraulics for the vehicle will be purchased Next week regarding our multicultural ruse project where we highlight people of color Five five different community members of color once a month The project has now been running for seven months while we've highlighted 33 stories total 17 current and 16 historical Our team has conducted many more interviews and then research to develop more stories that we've been able to share So in total we've written over 60 stories and three 33 historical stories We've conducted 26 interviews with current community leaders from our bipod communities And our teams also highlighted four additional stories based on historical bipod figures from around the us Our team has been very intentional in highlighting information about various national heritage months as well So for example black history month women's history month and we plan on highlighting information for pride month in june Well, we'll also highlight youth and young adults to center around high school and college graduations At some point this month And we're very excited to share two updates the community community engagement Office is going to be collaborating with the snowman county museum to further extend the multicultural ruse project As many community to extend as many community members as possible as well as share even more stories and really kind of Have a larger impact. In addition, we'll be launching our digital platform Let's engage as art which will include the multicultural ruse project page Or community members can make suggestions for future stories Share their own stories and use a mapping tool to share important locations or social justice Of movement events to place locally here in san rosa and sonoma county Uh, next we have the wild the snow santa rosa wild fire ready program Uh, the series is a collaboration between the santa rosa fire department and the office of community engagement Where we took elements mentioned in the community empowerment plan report Such as focusing on elevating our communities of color as well as addressing some of the traumas around fire So we kicked off the series yesterday with, um, Dr Peter Nelson who is a professor at uc berkeley and a member of the federated indians of the great ranch ria And we're very grateful for the information that he provided regarding control burns as an ancestral practice And how these practices are important to acknowledge today in fire safety as well as the importance of collaborating with our local tribes Since there were original stewards of this land So i'd like to thank the federated indians of great ranch ria for their collaboration In yesterday's program and today we had a workshop led by our fire department on home hardening And community had an opportunity to ask a variety of questions on how to prepare their homes Tomorrow we'll be partnering with the resiliency collaborative to address mental health and wellness Leveraging different techniques when we find ourselves triggered by some of the weather events or fires And thursday we'll be closing out the series with an important conversation on evacuation routes alerts And and what we learned from the glass fire And these workshops can be found on on the city's website and that is the end of my report. Thank you Thank you so much director counsel. Do we have any questions? Okay, we'll go on to our next staff briefing. Mr. City manager Item 7.3 glass fire recovery update. Mr. Paul lowenthal assistant fire marshal presenting Good evening mayor rogers vice mayor rogers members of the council providing an update for the glass fire recovery The team met and where we're at right now is near full accountability of all of our destroyed structures in our community At ahead of the june 1st deadline It looks like all of our private debris removal properties Are well underway and or completed and are just now waiting for some final results So not looking like anything will actually go towards abatement, which is great news And the private i'm sorry the public debris removal process is progressing nicely And again almost everything is completed and awaiting final scrapes and sampling on the commercial side We are caught up with sonoma state university and the county complex structural damage and destruction out there Those are all in process and look forward to those being cleaned up and completed as well I also want to take the opportunity to go over some of the projects related to restoring some normalcy to our community in the open space our Public works team has replaced the storm drain lids storm drain outfall pipes pathway steps pedestrian bridge removed hazardous trees repaired wooden signs and installed the control waddles for erosion control throughout the burn scar staff have installed and maintained the waddles for the storm drain preventative measures replaced the street signs guardrails street lights and then have a couple remaining future projects that involved 160 feet of damage and destroyed storm drain part storm drain pipe as well as some irrigation and fencing projects to be remaining for future projects With that I want to acknowledge the team that continues to meet regularly to continue to move our city towards completion of the recovery On the city side and are helping actively engage with our community on their recovery as well in the rebuild process We do have a number of structures that are well underway in construction being led by jesse and the pet team We also continue to have active involvement from our water department under joe shavone jeremy gundy from public works Flannery and Sean from stormwater assistant city manager jason nut Our legal team the list goes on and on There truly are a lot of people that have learned a lot unfortunately from a number of devastating fires Here locally over the last several years But it's also good to know that we have a solid core of staff that really truly can lead our city With whatever's faced and what hopefully does not become the new normal I also lastly want to say that I appreciate the acknowledgement of the proclamation for community wildfire awareness Um, it's important for us. There's a lot that we've learned. There's a lot of our communities learned And the one area we're trying to push our community to is our new website And that's srcity.org Slash wildfire ready. There's a tremendous amount of resources That are there to help our community and hopefully avoid Future damaging and destructive wildfires here locally. So thank you All right. Thank you so much paul Are there any questions for paul? All right, we'll go to public comment on items 7.2 and 7.3 Let's see if there's anybody interested if you are hit the raise hand feature on your zoom or hit star 9 on your phone All right, sing them. We'll go ahead and bring it back and keep moving We'll go on to our city manager and city attorneys reports. Uh, madam city attorney. I'm going to go ahead and start with you first Thank you, mr. Mayor and to this evening or this late afternoon. I will provide you with Our litigation update. Um, this is the quarterly update from really the the the first quarter of 2021 although it's we the list includes up until Until may 14th. I do note that this settlement exhibit a has a erroneous label on it, but it is from january 1 to april 14th We had two settlements, uh, uh, both over 50 000. The first which you well know is the settlement of the martinis case Included five plaintiffs alleging injuries that arose out of Um, last year's protests and police actions during that process the settlement was for 1.9 million dollars Um, while we're talking about uh, the litigation that has come out of the protests I'll also note that there was another settlement That predated uh, january, which was the errone plane Which was another case that arose out of injuries suffered during the protests And that was reported in our last litigation update that settled that case settled for 200 000 dollars On our current report, we also have the settlement of the terra con constructors a claim that was a Led a breach of contract arising out of a public works construction con contract Concerning a sewer replacement project and the city has approved terra con submitted Change order in the amount of 65179 dollars On our list of uh, current litigation that Is ongoing in our in our office. Uh, well, I should say some are still ongoing some have been resolved We have 41 matters that are listed on that list Uh, 13 of those have been dismissed in the last several months and those include and I'll just name a couple highlights Bush versus city of sanarosa, which was an action brought under the clean water act Gala her versus a city of sanarosa, which was a sequa case which challenged our all electric reach ordinance Austin versus city of sanarosa, which was a case that arose out of the public records act And then an at&t case that Concerned some Licensing issues and then several personal injury cases that we were able to obtain dismissals without Encoring any cost on behalf of the city The range of cases that we handle includes as I mentioned the public records act wage claim case 218 case Of course our homeless litigation that is ongoing PG&E litigation with respect to fires Claims regarding permitting processes And then personal injury cases and also a number of cases arising out of various police actions And and a number of others That we cover In addition to the pending litigation that litigates those 41 matters that are listed under litigation as of May 14th We have also received 13 new claims that were filed against the city and referred over to our office So we will be beginning on working on those claims and anticipate Patient of potential complaints being filed to the extent that we're able to resolve claims Prior to litigation. We certainly look always to doing that. So And then I just at the end just simply want to note that next month we will be transitioning to A monthly report In accordance with the open government ordinance and the council's direction To begin implementation before the before even the effective date of that ordinance So we will be making that best effort to bring come Monthly basis to update you on where we are on litigation happy to answer any questions Thank you so much. So council are there any questions? Okay Uh councilmember Fleming I don't have a question, but I just wanted to say a sincere.  So thank you Thank you very much and I do want to Say also how much I appreciate particularly our litigation team, but our entire team Really a very skilled very skilled group. I'm lucky to work with them. Well All right, mr. City manager your report Um, I just just very briefly. I I want to thank this council In past councils during my last Nearly seven years for giving me the opportunity To lead this great organization Um, I I I just can't commend you all And your prior colleagues enough for having the vision to meet the times I also want to thank the community which on day one Offered its support and friendship to to my family and me We're going to leave behind some dear friends and some neighbors That that can't easily be replaced and lastly, I just want to thank my colleagues Who have shown the grit determination resiliency That that will never be replicated. They've gone through a tremendous amount of hard hard work over the last six years and I just have had the privilege to be in their colleague And and really they've taught me so much And and i'm a better person and a better manager for it And I just say thank you And thank you Thank you, mr. City manager Council is there anyone who wanted to make comments? councilmember tidbits Um Just to be clear a point point of order here. We're commenting on on Sean's update or we doing councilmember comment We're we're commenting on on Sean's update and he didn't say it And so I'll make sure that I I say it and we're clear Today is is Sean's last meeting with us And I think that It's an opportunity for council members for the community to really just say thank you for his time of service And and his comments were were well taken So i'll start with you if you were interested in commenting councilmember tidbits Well, of course, I am Sean. I just want to say, you know, thanks It was it was a privilege to be able to work with you Over the last almost five years now for me Um, I really always just appreciated Your frankness sometimes it's too frank for me to hear if I was pushing some initiative or doing something But um, you're you're a great leader and a great manager and I do wish you all the best I wish your family all the best. I hope you guys love escondido and I hope our past will cross again someday councilmember squadel And you mr. Mayor yes, I just want to really, uh, express my appreciation, you know, my two years as mayor as Mayor rogers is learning mayor sorter previously had learned the relationship between city manager mayor is very important and I just really appreciate your candor and You helped me grow as a leader also and the thing that having had been a city staff person for 30 years saying Kim blackman was here a little bit longer than the average city manager for 20 30 years something like that But i've seen a lot coming going what i'm very appreciative You're not you were never you've never been afraid to tackle what needs to be done Even how challenging and difficult it may be so you've really set this high standard for our community I appreciate all your efforts. I wish and i'm sure mr. Alvarez would also support me on this one Wish we had more success in turning into a raider fan, but you go with your Steelers southern california Thank you for all you've done. You've made the city of san rosa a better place due to your efforts Council member fleming Thank you, uh, my comments, uh, for you shan are really just a sincere. Thank you. I think that it's um Around your leadership post tubs fire I think that you really shine in that area and there's nothing more concrete than a 33 million dollar check To show for that we got today so You know the all those tireless trips back and forth to that the state and the DC to to make sure that we're made whole and it's starting to happen and and it means so much to our residents So I want to thank you for for really leaning into that and hopefully escondido won't have need For your skills in that area, but if they do that they will be well served. So best of luck to you and your family Thank you victor council member soyer One more time Thank you, shan um, you took on some major tasks Not only our community that are that our organization as well and They will not be forgotten You've left your mark an important mark on the organization On our community and I I I trust that your Years in Santa Rosa will be some of your Most satisfying and rewarding I All I can say is thank you, you know you I miss our meetings when I was mayor. I think anyone who It who becomes mayor Has a special relationship with the city manager and it is it's an and it's an important one And I was honored to serve with you and I wish you all the best You and the family, uh, you're going to a great place a great part of the state. Um, enjoy Thank you Thank you, councilmember alvarez well, sir I can't say that I've known you for as long as my fellow Colleagues, but nonetheless though in the short time that we have uh gone to know each other I do appreciate the The lessons that you've offered And really the freedom that you've given me to explore what it is that I'm now tackling in life So for that, I thank you, sir And and such as uh councilman tibet stated I know our paths will cross in the future at least I hope that they will and I and I wish you and your family All the best moving forward. They will and thank you eddie. Absolutely sir Vice mayor um Sean so I just want to thank you one for your service to the community but also On a personal level. I know I have not had the privilege of working with you for very long But then in these what five almost six months I really feel like you have helped me to find my voice If you asked my husband, I didn't need help with that but as far as council is concerned You have helped me to find My voice and well providing me with information not swaying me one way or another But just providing me facts and information and I really hope that I can continue to get that From the city managers that that come along you're very candid and you say it like it is and I think that That is something I can appreciate because that is also something that I do So thank you very much for just, you know, taking the time to meet with me On our regular meetings and you know, just taking the time to help me to find find my way Thank you. No And I just wanted to be really brief and express my gratitude as well Sean Everything that we do with the city is a partnership. It's it's not the city council It's not an individual staff member. It's not the city manager, but it's a team of people We're driving in a direction and In your time as the city manager, we've Reunified the square. We annexed roseland. We moved into district elections We Have gone through disaster after disaster And I remember having a conversation with you right after the tubs fire You just gotten back from talking with some other folks who had gone through Disasters and you told us, you know, this is expected to be a 10-year Marathon and sprint at the same time trying to get people home And I was just expressing earlier today talking with council member fleming and and the chief Memory popped up on facebook that three years ago today We had our first family moved back in after the tubs fire And I was looking at the numbers this morning and three and a half years later 85 percent of our community has been rebuilt or is in rebuild right now And that is a huge testament to your leadership into the team that you've put together To be able to put this community back whole and move forward Some of the systemic issues that we've had in our community for a long time So i'm really grateful as somebody who grew up in santa rosa I'm really grateful somebody who's gotten a chance to work with you And I think our community is better off for having had your service here So I just wanted to say thank you. Thank you grace And with that I will open it up for public comment on our city manager and city attorney reports I've seen no hands. So madam zoom host. Do we have any pre-recorded voice mails? I'm mayor. There are no Recorded voice message public comment on this item. Okay We'll move on then to statements of abstention from council members item number nine Does anybody abstaining from any items on today's agenda? Okay, saying none. We'll go on to council member mayor and council members reports who wants to start council member tidbits Thanks, mayor I wanted to bring to the attention of this council something that came to the attention of the downtown action subcommittee a couple of weeks ago We heard from cadence representing the downtown action organization And she had relayed to us that there seems to be some real anxiety and concern about The downtown parking garages going back to being charged or you know a fee assessed Um, and they they made a request to the downtown action subcommittee that unfortunately we didn't really have time to act on We just said that we would bring it to the council's attention for consideration and potentially future action at your at your pleasure mayor and and that was to extend the The free parking within the garages until I think the request was january 1st Which would allow these businesses that are just emerging through covet 19 to continue to hopefully draw patrons through the holiday season So I I will I don't know if council member Sawyer wants to speak to this at all But in his council member comments or mayor if you have an idea Anyways, that's that's out there for the council. I would certainly support that conversation and making that happen for for the downtown businesses Well, thank you jack. I will I'm through the mayor. I will speak up It was came across as a very important ask and what I would um what I would like to hear is The impact on our parking district for the reality of Moving forward with such an ask because we didn't have we did not have the Ability to gain that information at our meeting that it was really very very clear that they are that our merchants are very concerned that though they appreciate The effort so far that they're um concerned about the our current plan To re-institute chargers in the garage All right council if there's no objection what I can do is work with the interim city manager And with our parking director and bring a potentially discussion back to council As is appropriate and as allows within our time constraints Thank you Okay, I'm not seeing any opposition Anybody else with a report council member Sawyer Thank you, mayor. It's it's a sad news actually. It's not often that we need to report out on Subcommittee work or task force work where it's where it is actually sad. Although the last report was None too gleeful Last week the executive Officer of zero way sonoma informed the board of directors At our may 20th board meeting that renewable sonoma ended negotiations With both zero way sonoma on the potential development of a regional organics processing facility And was center was a water for siding of the project on city owned property adjacent to the laguna treatment plant Renewable sonoma thoroughly pursued many options But was unable to secure sufficient investment financing financing needed to develop the project Zero way sonoma still has an interest in finding a long-term solution To provide in-county organics processing and will be exploring alternatives moving forward The water department zero way sonoma and renewable sonoma have invested a great deal of time and effort In support of this project and are saddened by this outcome However, the work that was done together will provide a good foundation for future efforts Center was a water staff began working on this in late 2017 When an initial request for proposals for potentially siding a facility was released and has been diligently working with both zero way sonoma and renewable sonoma staffs on this project since 2018 I'd like to take a moment to recognize the team that has worked so hard on this including Tonya Mulfitz Nicole Dorontinsky And Elise Howard and thank them for all of their Really wonderful work on this. I'd also like to especially Acknowledge Emma Walton who led the effort in no small way for santa rosa water Her incredible work and phenomenal detail in working on this project has left the city of and the region Well positioned should a future solution be identified Finally, I want to thank santa rosa water director jennifer berk who put the team together And let us all through this at times arduous process And my colleague on the compost facility negotiating ad hoc committee and board of public utilities member lisa baden fort Both of whom dedicated themselves to what we hoped would have been a successful outcome An amazing amount of work. We have learned a great deal And like said in the report, uh, we know we we it will prepare us The next time we have the opportunity to go through the process of citing a processing site in in this county We will the knowledge that we have gained will help us in that endeavor. So thank you very much Thank you councilmember councilmember fleming Yes, I um, I think I alluded to this a couple times before today, but I think it bears repeating that today congressman thompson came to fire station five in district four on newgate avenue And presented the mayor the police chief westrope and myself. Well, actually he handed the check to ev But uh, and she was she was much amused by it. Although. I'm not sure she knows the difference between 33 000 You know 33 million dollars, but at any rate, um it it is um It is really heartening that our efforts have paid off and that our congressman and our You know that everybody along so many things had to go right for this to happen And that we are one step closer to getting shovels in the ground to getting our community safer and to making us whole is is just um Pleased me a little bit speechless. So um, we got just a couple dollars shy of 34 million dollars And the congressman suggested we not Spend it all in one place to what the mayor said. That's exactly the plan So i'm sure uh, we'll all be excited to get up there and cut that ribbon Just as soon as possible in the meantime be super safe. Um, and thank you so much to everybody who made this possible Thank you councilmember and i'll piggyback on that as well For my own thank yous to the congressman for his efforts It is not lost on me either that he received the approval for that funding Also three years ago, and we're just now getting the check And so that is good for us to understand in our reimbursements with fema and our future planning when we have these one-time dollars that are coming in But the cdbg dr funds are really going to be community changing It's going to allow us to move forward on some of those projects that the council will consider in july So i look forward to that conversation As we move forward on that Last little update as well. I had the mayors and council members legislative meeting on friday A number of the bills that we've discussed Have died in the In the budget hearings that just happened as well as what we call the great filter Which is the suspense file for all bills in sacramento that have funding associated with them That deadline was last week And as soon as that deadline was over an additional layer has been added on top Where every member of the legislature is being told that they only get 12 bills from here on out So it doesn't matter how many bills they've been able to move to the second house or have been able to move out of appropriations You're going to see lots of the important legislation. We talked about started to get derailed Here as members have to select almost like Almost like sophie's choice, which of their bills they want to keep in which ones they want to Come again and try to do next year. So happy to answer any of those questions about the about the bills that we've been tracking Um, but uh, most of them have now gone into the waste bin With that we'll go to public comment for councilmember comments I'm seeing no hands raised madam city clerk. Did we have any voicemail public comments? Mayor there are no voice message public comment on this item All right We'll move on then we do have one set of minutes uh item number 11. That's from december 15th of 2020 Or there are any amendments to those minutes Okay, we'll see if there's any public comment on this And I see no hands being raised. Did we have any voicemails? There's no voicemail Messages for this item here All right, and then without any objection from council. We'll show those as adopted And I see no objection mr. City manager item number 12 our consent calendar 12.1 resolution rescinding resolution number res dash 2020 dash 139 and adopting revised resolution Authorizing the director of housing community services or designee to enter into agreements and execute other documents with california housing and community development hcd For the permanent local housing allocation program and mr. City manager I do believe uh, I missed an item That of city attorney. Did you want us to? Potentially add a couple of items to the consent calendar before the city manager reads it all Uh, yes, that would be my preference Although I also was willing to wait till after he read the list, but I do want to note that there are two items That are on this evening's consent calendar That did not appear on the city's Preliminary agenda for for today's meeting and that is item 12.11 Resolution resolution approving an at will employment agreement with interim city manager Jeffrey colon and item 12.12 Resolution resolution for approval of Jeffrey colon as an extra help temporary employee to serve as acting city manager Both of these items concerned appointment of mr. Colon to fill in For the city manager's position Upon mr. McGlynn's unfortunate departure and I I do also share in the council's Appreciation for shawn and all of his work Uh, but as to this consent items the council's as you know, the council's early agenda policy And the council's direction for the early implementation of section 1-10 0.030 g of the city code that is a provision in our open government ordinance According to both of those an urgent item of business that does not appear on the preliminary agenda May nevertheless be placed on a final agenda and discussed and acted upon by the council But only if there is a showing of good cause and only with the concurrence of six council members Pursuant to the early agenda policy and section 1-10.030 g a showing of good cause requires a finding by council That as a result of exceptional circumstances beyond the control of council Compliance with the preliminary agenda requirement would and I quote Impose a substantial burden on the city's ability to conduct its business or result in prejudice to a private person Staff would recommend staff recommends that the council find with respect to both 12.11 and 12.2 That the resignation of the city manager is an exceptional circumstance That is beyond the control of the city council I think most of you would agree with that And that any potential delay in filling his position Would be a substantial burden on the city's ability to conduct its business If the council makes that finding and there are six affirmative votes Then those two consent items can move forward and be discussed. Thank you All right, and madam city clerk. Did you have a comment? I did. Thank you, mayor. I just wanted to make sure I believe item 12.1 0 12.10 is also Did not appear on the preliminary agenda And I wanted to make sure that got on the record as well that we need to take action the same action on 12.10 Yes, thank you very much City clerk acting city clerk. Um, that is my mistake. Yes item 12.10 Is also in that same category did not appear on the preliminary agenda and can be heard by council only upon a finding of good cause and the affirmative vote of six council members And this concerns the resolution To declare the sale of property located at 521 5th street to be to cornerstone properties To be exempt from the provisions of the surplus lands act enacted by ab of 1486 And the basis upon which we would recommend you make the good cause finding Is that we are looking for a potential closing date of june 30th And the this is to submit Resolution declaring Um, the council's Belief that that transaction is exempt from the new requirements that have been that were adopted in 2019 and the surplus lands act And it we need to submit that resolution to hcd that's housing and community development at the state level And The department has 30 days to review that resolution So in order to make meet our june 30th deadline We've needed to put this on now or to ask council to put this on now for for action today All right. Thank you, madam to the attorney and would you prefer that we have three separate motions or is one motion sufficient I would suggest actually probably two at least two separate motions. I think you could do The 12.11 and 12.12 which both concern the city filling of the city manager position You could do those in one motion Because they are different set of findings. I would suggest that 12.10 be taken as by separate motion Okay, I'll go to public comment on these three items To see if there's a public comment on whether or not the council should add items 12.10 through 12.12 and see If anybody has input I'm not seeing any hands raised. So I'll entertain a motion from the council on item 12.10 I would like to make a motion that the council find good cause to add 12.10 Onto the second calendar Okay, motion by the vice mayor second from councilmember tidbits. So a quick roll call vote madam clerk mayor Councilmember tidbit Councilmember Sawyer hi Councilmember Schwedhelm Councilmember Fleming hi Councilmember Alvarez hi Vice mayor rogers hi Mayor rogers hi Let the record show that motion passed unanimously All right council. I'll now entertain a motion 12.12 I would also like to make a motion that the council find good cause to add 12.11 and 1212 12.12 onto the consent Second Motion by the vice mayor second by councilmember Sawyer. Let's call the roll One moment. I'm having better fingers over here today. Okay Councilmember Alvarez Councilmember Fleming hi Councilmember Sawyer hi Councilmember tidbit hi Councilmember Schwedhelm hi Vice mayor rogers hi Mayor rogers hi That motion passes unanimously Okay, those three items have been added to the agenda. Mr. City Manager, if you want to continue reading through I started with item 12.2 item 12.2 motion second amendment and third amendment to project work order approval GHD incorporated for design phase services associated with the Fulton Road widening project between Gernvall Road and Piner Road item 12.3 resolution rescinding resolution res dash 2021-041 in adopting a revised resolution authorizing a request for low carbon transit operations program LCTOP annual formula allocation funding for fiscal year 2021 to include a revised funding amount item 12.4 resolution first amendment to professional services agreement with F001802 with american medical response west for blood draw services item 12.5 resolution first amendment to F001986 walker parking consultants slash engineers incorporated item 12.6 resolution approval of fourth amendment to general services agreement number F001746 with environmental logistics incorporated item 12.7 resolution granting tow franchise to one additional tow vendor GABA corp for police-generated tow operations item 12.8 resolution caltip updated joint powers agreement item 12.9 resolution approval of third amendment to general services agreement number F001647 with ADT commercial LLC item 12.10 resolution approval of a resolution of the city of santa rosa council declaring the sale of property located at 521 fifth street apn 010-045-025 to the cornerstone properties to be exempt from the provisions of the surplus lands act enacted by ab 1486 2019 item 12.11 resolution resolution approving an at will employment agreement with infirm city manager jeff colin item 12.12 resolution resolution for approval of jeff colin as an extra help temporary employee employee to service acting city manager All right council members. Do we have any questions on the consent calendar? All right, I will see if there's any public comment on items 12.1 through 12.12 Mr. Mayor if I may I did want to clarify their word changes because i'm seeing it's not The on the agenda doesn't reflect that there were changes necessarily I just want to let the At least the public know and certainly to make sure the council is aware that there were some changes made to 12.12 the resolution for approval of jeff colin as an extra help temporary employee to serve as acting city manager Because of certain calpers regulations um, we are Uh, recommending and mr. Colin has agreed Uh, that he will be paid at the current assistant city manager salary, which is 106.106 dollars and 82 cents Rather than the city manager higher city manager salary And that is to reflect that it is this is an acting temporary acting position rather than the longer term interim position And that that lower salary reflects what current assistant City managers receive when they step into an acting up City manager position for a briefer periods of time. So that is the explanation of the changes to that item Thank you, madam city attorney And i'm not seeing any hands that are being raised for it. Madam zoom host to be of any voicemail public comments on the consent calendar Uh, yes, nair. We do Excuse me. Apologies. Um, we do have one public comment. Okay Consent items 12.10 12 11 12 12 My name is dwayne d. Witt. I'm from roseland There's a resolution today That seeks to avoid Having taxpayer owned land be declared surplus Which could then perhaps be utilized in a positive way for the taxpayers to have their assets To help with the needs that the people of the community have Not just the land sharks and the developers that you folks typically At the city council level and staff Work to enhance their profits rather than helping us community members Now this is really important because we're having problems with housing and not enough And it looks like you're doing some sort of a situation in which you're helping Others cornerstone properties To benefit from the taxpayers assets Instead of helping us On 12.11 You've already hired a city manager Without telling the public and you've put it on the agenda today Stating you didn't have to give us prior notice even though We have had that discussion in the past with lawsuits Pushing the city to make sure and inform the public ahead of time And here you are Basically trying to cheat us out of the news to use Folks when will you ever begin to become honest with the public and actually help the public to Understand Why we would even want to spend more money For a manager that left us in the past We shouldn't be rehiring people that have left out after they're already getting a pension from us probably Which should actually be saying let's just use the employees. We have they're already on our payroll To serve our public as best we can I don't believe that this is a good hire or a good policy And I believe any city council member that goes along with this policy Of saying it had to be put on the agenda without informing the public early According to our existing protocols It's cheating the public and needs to bear that responsibility themselves Not try to weasel out of it with some excuse Thank you kindly That concludes public comment on this item Thank you so much. Madam city attorney. It's a point of clarification for the last comment the documents for the interim city manager Were discussed at our last meeting appropriately Noticed and the council asked that the specifics for start date as well as the calpher's issue be brought back On consent, correct? That is correct. Mr. Mayor. Okay I just wanted to clarify because the insinuation was that the public has not had an opportunity to weigh in Whereas the council has actually had this on our agenda. I think the last four meetings For us to be able to discuss so I didn't want that to linger out there Thank you with that. I'll bring it back and madam vice mayor. Would you like to make a motion? I move items 12.1 through 12.12 and wait for the reading of the text Second second All right, motion by the vice mayor second by councilmember Sawyer got it in under the wire Go ahead and call the roll councilmember schwethelm aye councilmember tibbet aye councilmember alvaren aye councilmember Fleming councilmember Sawyer aye vice mayor rogers aye mayor rogers aye But the record show that vote passed unanimously Great, thank you so much. We have no report items tonight We will go with our public comment for non-agenda items and then come back for our public hearings after So if you're interested in providing a comment to the council on an item that is not currently on the agenda Go ahead hit the raise hand feature on zoom If you're on phone hit star nine All right council. I'm not seeing any hands raised madam city clerk Do we have any voicemail comments? There's one voice message of the comment Item 13 public comment on non-agenda matters My name is duane do it from roseland Over in roseland. We're bearing the brunt of poor planning and just outrageously discriminatory policies by the planning and economic development policy makers And you the city council members also the people that are allowing this to occur And you're saying well, what's that? Well, what's occurring is you've been focusing on steering so much lower income housing The high density levels into our already disadvantaged overburdened and underserved community That we are suffering This needs to be in the record because essentially since the fire that burned out the rich folks up at fountain grove We've been suffering that entire time also Those folks have been able to rebuild their houses up there But the city used the fire as an excuse for a resiliency ordinance For six years to overburden other neighborhoods of the city with high density housing Now you've got A policy where you allow the zoning administrator to approve projects even large projects Saying well, you know, it's no big deal It is a big deal because these projects are bringing in many more people with many more cars that are already Definitely negatively impacting the quality of life of the people in roseland Need you folks to stand up and say You're going to let The public of roseland participate in the process Having these zoom meetings and pretending that you care is not the way to do it Please reopen our government immediately Let us back into these meetings and let us participate in the decision-making process For what's going to affect our quality of life Thank you Mayor that concludes voice message public comment Great. Thank you. We'll go on to item 15.1 our first public hearing item 15.1 public hearing resolution to adopt proposed fiscal 21 22 through fiscal 24 25 wastewater rates and ordinance amending chapter 14 of the santa rosa city code to adopt the proposed fiscal year 21 22 through 20 through fiscal year 24 25 water rates schedule And changes to the water shortage rates based on the water and wastewater costs of service study And I will turn it over to director Burke to lead us off Thank you. Mr. McLean and thank you. Mayor rogers and council members We are here this afternoon to bring you our proposed four-year rate recommendation for water and wastewater charges As well as our proposal to update our water shortage rate structure Which is a required component of our urban water management plan Today's recommendation is the results of over two years of work by staff and consultants Our proposed rates have been developed with a 10-year financial model that takes into account all aspects of our operation The need to ensure a resilient water sewer and wastewater treatment system As well as feedback that we received from both the board and council members Especially in light of the covet 19 pandemic Based on the feedback we received and in recognition of the last couple years of emergencies We were able to propose modest increases to lessen the effects to our customers Here today for the presentation and to answer any questions are kimberley zanino our deputy director of water administration As well as our rate consultants bob reed and mark hildebrand Before we start the presentation I'd like to specifically thank and highlight the work of your board of public utilities They spent over six months working on the rate recommendation before you We met with the budget subcommittee of the bpu four times to review and receive input on the rate recommendation As well as met with the full board in study session and for a formal recommendation The rate recommendation before you this evening is recommended by the board And is the same proposal that we presented to council in study session in march of this year If we could go to the next slide, please In today's presentation, we will have a Overview of the rate study recommendation as well as the strategy for our water shortage rate structure That'll be presented by mr. Reed And then I will have a deputy director zanino wrap up the presentation covering the outreach efforts as well as the prop 218 noticing requirements and our recommendation And if we can go to the next slide, please I will now turn the presentation over to bob reed Good afternoon, mayor roger's members of the city council. It's a pleasure to be here this afternoon with you Um, I also have marquille lebran here who has been an integral component of of this study or the city of san aroza also available if if need be I'm going to Break this presentation up into the two pieces first talking about the general water and wastewater rate Adjustments that are being proposed to cover the next four-year period and then separately talk about the water shortage Surcharges that would be available during drought periods go to the next slide, please so The general water wastewater rate study is comprised of three major components The first is to determine the revenue requirements of of each of the utilities over a planning period To do this we develop 10-year financial plans Which are basically cash flow models looking at revenues and expenses of the utilities expenses including operations and maintenance debt service obligations capital program needs We cast this out over a 10-year planning period Based on assumptions for growth and inflation and changes in costs and and so on The second step is to go through a cost of service analysis. And this is where we Take the amount of revenue that's needed from the rates In the first year and allocate those out to each customer class and then to also to each component of the rate structure On a proportionate basis so that each rate component is reflecting the cost of providing service And then we design the water rates we incorporate that cost allocation into the rate design structure in this study We are not making changes to the rate structure itself but merely updating the Rates and the rate structure to reflect the updated cost of service analysis and go to the next slide, please This slide Summarizes the cash flow model in a schematic diagram in the center of this is the different funds of each of the utilities as well as reserves that are reflected in the model on the left side are the Revenues that flow into each of the funds and reserves the primary source of revenue for the utilities is user rate revenue But there are also demand fees interest earnings Other miscellaneous charges and then grant and loan proceeds as well. And then the expenses Primary expenses are the operation maintenance costs including purchase of water Um debt service obligations associated with each utility and expenditures on capital projects Go to the next slide, please So for this study, there are several significant Things that were incorporated in in the analysis As we went through this process last fall as as you will recall the the city issued new debt For the utilities the 2020 series a provided new money for the regional reuse system to pay for ultraviolet treatment At the at the treatment plant Raised about 70 million dollars for that purpose the 2020 series b was a refunding of some of the existing debt for the Utilities and that refunding took advantage of a very very low historically low interest rates And we'll be saving the city over 16 million dollars in present value savings over the next 14 years so City really took advantage of of a good opportunity in the bond market for this financing Also during this study The city Was looking at catastrophic reserve target levels for existing catastrophic reserves We assisted with that effort and incorporating what that looks like in the financial models I'll talk more about that in a in a moment But that was incorporated into the analysis and then as I mentioned before the major thrust Thrust of the study was to update the cost of service analysis consistent with legal requirements within california We updated the rate structures based on that cost of service analysis And then also as part of the water rate update we're recommending elimination of the automatic pass through for charges from sonoma water Their rate adjustments have become much more predictable than in the past and this is a Matter that helps to simplify the rate calculations. They don't need to be Adjustments each year based on changes there. We're just using estimates for how they expect to adjust the rates over the next few years Go to the next slide, please So the catastrophic reserves Um We're looked at you've got an engineering consulting firm that has been helping with that analysis and they made a recommendation to increase the existing Catastrophic reserve and the water utility from 5.75 million up to 17 and a half million dollars That can be funded with existing Available cash reserves within the water utility so we can bump up the amount of those reserves without any impact on the water rates For the wastewater utility part of the collection system The recommendation was to increase the catastrophic reserve from 6.8 million up to 21 and a half million Again, these systems have significant investment in infrastructure for varied pipelines and other facilities that are costly. So this is a Significant increase but one that is that is necessary to help protect the assets of the city And again on the wastewater catastrophic reserve that target can be met with available cash balances particularly because of the the favorable bond issue that occurred at the end of 2020 for the regional wastewater utility regional reuse system the Engineers are still looking and reviewing with staff at what the recommendation will be For that catastrophic reserve we have incorporated an increase from 1.7 million up to 10 million dollars as a placeholder For that catastrophic reserve, but that's still being reviewed internally and may be something different but we didn't want to Ignore it entirely and so use this as a placeholder and then there's also geysers reserve and that was recommended to increase from 1.25 to 3.3 million And we've done that as well So I think the policy changes will come back to the city council at a later date with refinements to those things But we have incorporated this information into our analysis and we've also talked about adjusting these annually for inflation so that the Value of those did not diminish over time because of inflation next slide, please This slide summarizes the Financial plan for the water utility the graph at the top shows revenues and expenses the stacked bars that are shown in blue represent the expenses of the utility The lighter blue are operating maintenance expenses. There's a little bit of debt service within the water utility That's the cross hatch portion of that stacked blue bar and then the darker blue at the top are Money's being set aside for capital spending for the capital improvement program the lower graph here shows Reserve target levels The the red dash line represents a minimum reserve level an operating reserve level that we always want to stay above the The black dash line represents a target reserve level including catastrophic reserves and other Reserves and you can see the solid blue line represents ending fund balance each year And you can say for we're above that target balance throughout the planning period um with with the financial plan that we have and at the bottom it reflects the Recommended rate adjustments annual rate adjustments for the next 40 years being 2 percent and then two years at 3 percent And then a year 4 percent and then some 4 percent 3 percent annual adjustments projected out through the 10 year planning period Of course After the four years here you update the entire financial plan and recast those numbers Nevertheless, it's very helpful to have that 10 year planning horizon when going through this analysis The next slide please This summarizes the waste water utility same format for this graphic with revenues and expenses summarized it In the top graph and here you can see that the in the second graph the ending fund balances Above that target reserve level throughout the planning period. Again, there's a little uncertainty as to what the catastrophic reserve for the Water reuse system the regional reuse system will be and so to have that little bit of buffers is probably conservative that way And the recommended rate adjustments in the boxes at the bottom reflect 4 years at 2 percent increases And then 3 percent a year for the remaining of part of this planning period If we go to the next slide, please So again summarizing the Recommended rate adjustments for the water and wastewater utilities for the water utility It would be 2 percent in the first year and then two years at 3 percent followed by 4 percent in the fourth year And then four years at 2 percent increases For the wastewater utility There's a slight typo in this slide that note at the bottom That the rate adjustments applied to fix and uses charges equally That's true for years 2 3 and 4 in the first year. There are some adjustments to individual components of the rates That might be a little bit more or less than those 2 percentages As we dial things into the cost of service analysis So so that note should apply to years 2 3 and 4 Go on to the next slide, please So so that's the the financial plan that helped us adjust the Determine the amount of rate adjustments and then we go through the cost and service and the rate setting process Our rate setting objectives is we want to make sure that the Rates are meeting the financial needs of the utility in terms of sufficiency sustainability We need to comply with the laws encourage water conservation is an important Criteria for the city's utilities We look at revenue stability and predictability in the rate structure Of course, we want to minimize rate increases over time and are sensitive to affordability As well as public understanding issues. And again, you have a fairly complex rate structures But the cost your customers are accustomed to that and we're not making changes to that I think for the most part customers are Do understand the rate structures that you have in place is providing a reasonable basis for for the utilities services Next slide, please So some of the cost allocation principles we identify certain costs as customer related costs I think of meter reading utility billing customer service type costs that are allocated equally out to each customer if there are capacity costs associated with Maintaining the the water wastewater systems Those are fixed costs that are allocated out on the basis of meter size So somebody with a larger meter size can place a larger demand on the system And so they're assigned a greater share of these capacity costs and then most of the costs are recovered through A commodity cost and these are assigned to each customer on the basis of usage monthly water use Or on the wastewater side, predominantly based on winter water use, which represents wastewater flow We do allocate water supply costs and conservation costs across tiers And I'll talk more about that in a moment and then wastewater treatment costs are also assigned to non-residential customers based on And sewer strength characteristics of different types of businesses will have higher or lower strength wastewater And so we take those strength characteristics into consideration in developing the wastewater rates Next slide, please So this slide summarizes Graphically those different cost components for the water and wastewater utility you can see for water It's almost three quarters of the costs are allocated Oops Back one more. Yeah, there we go The Nearly three quarters of the water utility costs are allocated on a usage basis with about a quarter of the costs on Are show up in the fixed service charges for the customer capacity costs on the wastewater side It's about two thirds of the costs are on the usage basis And the remaining portion are in the fixed service charges Next slide Thank you. This I wanted to spend a moment talking about the the water usage rates. This is always an area of interest We have a uniform water rate for our multifamily and commercial accounts And that's represented in this middle stacked bar. So all usage for those customer classes are charged at the same rate It's comprised of of general costs that are reflected in the Usage rates and then we add to that the water supply costs Most of your water is purchased from Sonoma water But you do have a little bit of groundwater and that groundwater is actually less expensive than the Sonoma water So that's incorporated there spread across all use and then we also have water conservation program costs are lumped into that usage rate as well For the single family customers, we have a two-tier structure and those are the first two Parts in this graph And here for tier one The water supply cost takes the full advantage of the cheaper groundwater costs and then the balance with the Sonoma water Cost in the second tier is entirely Sonoma water cost So it's a little bit higher cost per unit of water because of that And then we add all of the water conservation costs into tier two So that those two things create that differential between the tier one rate and the tier two rate we include the conservation costs in tier two because It's the higher water usage which is driving the need for much of the conservation program Similar approach is taken for the irrigation rates and the right to handbars Here the conservation costs seem to be a little bit higher And that's because there's actually less water sold at tier two. So it's spread across a smaller volume of water But also this reflects the fact that The irrigation rates are based on water budgets and We want to avoid the excessive use and so this actually provides a little bit more of a Conservation incentive in that structure of the way it's set up there We move on to the next slide, please This summarizes the water rate schedule For the upcoming fiscal year showing the changes to the rate structure You can see in the last column the percentage changes to each of the rate components So they do vary a little bit to reflect that cost of service analysis But they're all in that two to three percent range But the rate structure remains the same Is the current rate structure including the monthly service charge And then the water usage rates We're also showing the recycled water rates in this table which are set consistent with current policy where they're Slightly discounted from the potable water rates to reflect the fact that customers using recycled water have certain responsibilities for management and use of that water on their on their properties And if we go to the next slide This summarizes the proposed wastewater rates for the upcoming fiscal year again The rate structure remains the same and you can see the adjustments to the rates in the last column That reflect the updates to the cost of service analysis in this case some of the service charges actually going down a little bit To reflect that updated cost of service analysis in the way that the costs were proportionately assigned to the different rate components Go to the next slide, please This table summarizes How the utility bill combined water and wastewater bill would Change for various types of customers throughout the community We've got single family homes at the top of low medium and high use Different multi-family units in the middle and then a variety of different non-residential uses Going down that table Summarizes meter sizes water use wastewater Usage and so on and then showing current bill with water and wastewater And then the bill under the proposed rates and the change in those combined bills in the right hand column And you can see all of these are generally in the one to two two and a half percent Change in the bill representing the updated cost of service analysis But also the fairly modest rate increases, but the percentage change will vary a little bit Depending on usage characteristics type of customer and and and so on But all within a fairly narrow band because we didn't make changes to that rate structure And then in the next slide, please This summarizes the monthly bill impact for a typical or average residential utility bill Assuming four residents in a household using about 7,000 gallons per month sewer cap of 4.4 units Current bill would be about 148 dollars a month and in each of the next four years would increase by two to three to four dollars per month in each of those steps and then that pie chart shows The different components of both water and wastewater bill there the sewer bills are actually larger than the water bills within the city And that's because of the significant costs associated with with treatment If we go to the next slide We also compared how the city's water rates both current and proposed for next year stack up with Relatives some of the neighboring communities in the area and you can see Both water and wastewater are did in each of these right now You're sort of in the middle of the pack and would remain there with the adjustment for next year I will note that a number of these communities are going through the rate own rate studies now or recently have and have also adopted multi-year rate plans So everybody sort of tends to adjust rates on an annual basis, but this shows Current and proposed for the upcoming year And you you know stay right there in the middle of the pack So with the next slide i'm going to move on to the water shortage contingency plan and talk about the water shortage financial strategy and rate surcharges. So Second component of my presentation for the next slide The water shortage contingency plan is Part of the state mandated mandated urban water management plan, which is updated every five years Both the urban water management plan water shortage contingency plan were last updated in 2016 and new updates are being brought to you Right now and sort of in parallel with this the reason we're bringing these shortage rates to you Separate from the plans themselves is the shortage rates do need to go through the prop 218 rate approval process that we're going through and it was more cost effective to incorporate that with this rate setting process than to do it as a as a separate process for you The state has prescribed certain Water shortage stages that need to be incorporated in the shortage plan the city has proposed eight shortage stages And the analysis being presented here includes water shortage charges and excess use penalties As part of the city's financial strategy for dealing with these Conditions the city already has both of these the water shortage charges and excess use penalties But they're merely being updated To reflect one changes in the shortage stage definitions and how they're being used now with these updated plans As well as the updated cost of service analysis that went into the water rate study Next slide, please So the eight stages Reflected in the water shortest contingency plan are summarized here The first stage is a voluntary stage for use reductions up to 10 percent in in that stage There would be no water shortage charge or excess use penalty And it would you just be asking residents and businesses to voluntarily make some cut back to their water usage to To meet that requirement Stages two through eight would include mandatory requirements for cut backs at increasing levels The water shortage charge would kick in starting in stage two And would vary with each stage as I will describe in a moment and then the excess use penalty Wouldn't kick in until you get up to stage five, which is 26 percent or higher shortage reduction or water use reduction goal And i'll talk more about that as well But we've developed each of these charges Commensurate with each of these stages as shown here next slide, please so the Financial strategy for dealing with a water shortage is is really three prompt The first step is is that the utility would would in effect reach into its own pocket And use a portion of available financial reserves to Bridge the financial deficit that's created by shortage conditions and reduced water sales And we'll talk about that financial deficit in a moment in a moment But you could use either your undesignated reserves or or even potentially your catastrophic reserves to help bridge that gap To some degree in each of these stages The second component of this strategy is to implement the water shortage charge Generating some additional revenue for the utilities As I mentioned, there is also the excess use penalty However, those penalties can be completely avoided by customers if they stick within their water allocations At the time that they apply they can be avoided So we don't plan or anticipate or expect any revenue from those excess use penalties To the extent that they might generate some revenue They would be directed towards the conservation efforts that are going on at the time or to replenish reserves That have been drawn down because of the shortage or used for those Purposes and then the third component of this strategy You could defer a part of your capital improvement program and in effect preserve cash By deferring some capital spending. So we look at all three of those components Use cash generate cash or preserve cash Each of those components. So we go to the next slide This summarizes what happens to revenues and expenses with increasing levels of shortage conditions In normal supply conditions, in general, revenues equal expenses. Everything's in balance But as you start selling less water, not only do your expenses go down, but your revenues go down And because we have more of our costs recovered through the usage component of the rates As the city sells less water Revenues decline more than expenses and it creates a financial deficit And that's the difference between the blue and the green bar in each of these stages It widens as you get into more severe shortage situations And so that's what we're really trying to address is that gap between So we go to the next slide This summarizes those three components of the financial strategy and the height of each of these bars represents Closing that gap between revenues and expenses You can see in stage one where we have a voluntary program. This is where we're reaching into our pocket We're using available reserves to Bridge that financial gap between revenues and expenses and that's reflected in that stage one bar As we move into stage two, we create this or we implement the water shortage charge and generates an additional revenue Those charges apply to all water sales So it's a little increment increase in the water usage rates for all water sales And and so that generates an additional revenue and then the lighter green bar here is A demonstration of reduced cip spending or appropriations to the cip that could also be applied Our our goal here is is to give the city Multiple tools in your toolbox for dealing with the drought situation The balance of using reserves or delaying capital or having this water shortage charge Depending on specific conditions in a in a particular drought. You could rely on these a little bit differently But this really illustrates how those three problems together help to manage that financial situation during a shortage condition Go to the next slide This summarizes those water usage charges as well as the excess use penalties the the percentages at the top that row That says water shortage charge effectively the shortage rate structure includes a Certain percentage increase to the normal water usage rates that exist at the time a drought is is declared As as an example, we'll look at stage four here The first column and numbers here are the normal water usage rates And these are the rates that are proposed for the upcoming fiscal year So tier one for single family is $5.97 if we were in a stage four Drought situation water shortage situation. We would have a 10 percent Surcharge on all water usage rates. So that $5.97 would increase to $6.57 a 60 cent increase Representing that that 10 percent surcharge And then each of the water usage rates increase in that same manner by that by that 10 percent That percentage rate changes for each of the different stages of shortages as you can see going across the top In stage five things changed We introduced the excess use penalty and the rate structure has also changed such that The normal rate structure has changed to a tier one rate Which represents an allocation of water for each customer for residential customers who would be based on The number of people per household plus an Assignment of water for for irrigation and that varies with each of the stages there and then tiers two and three represent penalties Use above 100 percent of the allocation from 100 to 150 percent would take you to tier two And those excess use penalties are shown up at the top for tier two And then tier three if you use more than 150 percent of your water allocation You get a steeper excess use penalty is as reflected in the percentages at the top And again, each of those percentages both the water shortage charging the excess use penalties Are applied to them To the tier one rate in each case So it's kind of complex, but this is your current policy Reflects this and this is just updated for the changes in the cost of service analysis and the stage definitions with the updated plan Next slide, please So this really summarizes what those water shortage charges and excess use penalties mean for a typical single family residential customer In this case, we wanted to show what happens with a customer that perhaps during a summer month might normally be using 10 000 gallons of water At the top half of this table shows what what happens to that customer Uh that normally uses 10 000 gallons of water This might be in august say and then if we get into different stages of water shortage This customer is meeting the water use reduction goal Shown here and so their water bill is shown with that reduced water usage the monthly service charge does not change With each stage the water usage charge would decrease In proportion to the decrease in water usage But you can see in stage two that the water shortage charge starts to kick in that's that in stage two It would be a five percent increase in that water usage rate. So they pay a little bit more There a few dollars and that increases as you go through the higher stages There are no excess use penalties. They don't apply until you get to stage five But because this customer is meeting water use reduction goals There would be no penalty And then you can see in the last column here that for those customers that do be Water use reduction goals That their water bill does go down in each of these stages now They are paying a little bit of a water shortage charge Which they wouldn't normally pay in normal conditions But because they're using less water the net impact of those two things are smaller water bills relative to a normal bill With normal usage the bottom half of this table shows what happens to that customer that doesn't conserve water It stays at 10 000 gallons per month Regardless of of the conservation stage and you can see here Those water shortage charges increase pretty dramatically and then also the excess use penalties also kick in And it can be a substantially larger water bill for those customers that don't Abide by the needs to reduce water usage during these shortage conditions. So Um in in effect if if you meet the Water use reduction Expectations of the city or the needs of the city you can have a lower water bill and if you don't You will could be paying more in your water bill so in summary here the proposed four-year schedule for water and wastewater rates provides relatively modest annual rate adjustments for the next four years for both water and wastewater utilities We have updated the cost of service analysis based on California's legal requirements and also looking at the financial needs of the utilities over this period And then the water shortage charges represent a strategy Updates a strategy For the city for dealing with drought situations I know we're kind of entering into that drought situation right now water shortage situation And so you may see some of this information coming back at you in the near future But it is a a good comprehensive strategy For trying to minimize the impact to customers while still addressing the financial needs for the utilities And with that I will turn things over to deputy director sunino for some further comments on these recommendations Can we go to the next slide please? Good afternoon mere rogers vice mayor and members of the council I will go over a few other items before the recommendation first of which is The outreach associated with this rate setting process In the current environment we had to make changes to our typical outreach plan But we have made all efforts to provide the information on what we do as a provider How the rates are developed and how we can be reached if the public would like additional information We developed a campaign called the value of water which included three videos about what we do And how the rate payer dollars are used as well as using all other avenues of communication available to us during the pandemic Next slide please Another step in the public process is the proposition 218 noticing Which we thought we would provide some information on as well Proposition 218 also known as the right to vote on taxes act was approved by voters in 1996 This process defines how notification is made to the public on rates related to properties And this includes water and wastewater rates We are required to have a 45 day period for customers to review and comment on rates And those responses are submitted for the public hearing Next slide please In addition to the previous study session by city council as director Burke mentioned our board of public utility spends a lot of time Reviewing and providing feedback on the proposed rates This is a list of all of the public meetings where the VP reviewed the data The report and the proposed rates and provided feedback that resulted in modifications Which led to a reduction from the original proposal and the final recommendation As you may remember the process started even prior to the meetings listed as we met with council and board members to solicit feedback early in the process October 2020 was the first time we met with the board of public utility Utilities budget subcommittee and followed that with three more meetings with them The full board then met on february 4th for a study session and their recommendation to city council was made on february 18th Next slide please This is just another summary of the proposed rate recommendation and the prop 218 notice notice process Next slide please So it is recommended by the board of public utilities and san rosa water That the city council after conducting a public hearing pursuant to proposition 218 Approved four years of water recycled water and wastewater fixed and usage charge rate increases To go into effect on july 1 of each year 2021 2021 through 2024 And adopt to the water shortage rate structure changes Great. Thank you so much miss unino. Thank you. Mr. Reed council members. Do we have any questions? We'll start with council member fleming Hello, and thank you for all of the work that you and the bpu and our partners put into Getting this together got a few questions one is Um, because we got a couple of new council members and because it's to the public benefit Can you um describe the cares program? Um for people who might be listening? Um, I'm sorry did I get it wrong? I'm in my notes the Council member Fleming. Are you asking about our h2o program the help to others program? I thought it was h2o cares, but Yes, yes, absolutely. So um great question and actually I'm going to ask a deputy director Zanino to go into the details But we do offer what we call our h2o or help to others program Which um, we use non-rate revenue to help um our low-income customers We work with them to provide an audit To make sure they're using water efficiently and then we provide a discount on the fixed charges of their bill And um deputy director Zanino can provide the exact information on that program So in order to um apply for the program you can contact our water billing department, and they will set you up with the non-profit that works to Determine whether or not they meet the qualifications of the program And then once they meet the qualifications of the program We set up their bill so that they're both their water and their wastewater fixed charges are removed or discounted from the bill every month Thank you. Um, and um, hold on one second. Hi, sweetie. I'll be with you in just a second. Um, and then um Has uh enrollment in that program changed thanks that has enrollment in that plan changed significantly in the last year since um, we've been in covet So we have been seeing a growing number. We have also been um increasing our outreach so that customers are aware of it Uh more, um, we do send out uh bill inserts every year with the information But we've done it more times this year to make sure that customers are aware of it And so, uh, we have seen an increase in applications and they are processing those and getting those people set up who qualify in the system Okay, so, um, we don't know. Um, if there's been a significant, uh change or increase in enrollment and There's a need for the council to increase funding for that given the situation Currently we have enough funding for everybody who has applied for it And we have some room for initial or for additional, um, applicants to become a part of the program and enroll in it If we did need um to expand that program We will be more than happy to come back and talk to the city council about the possibility of doing that What's the best way for people to contact the water department if they would like to find out if they're eligible for that program They can call the main line that is on their water bill 543-3150 They can also go through the website, which will give them all of the contact information and it also provides all of the information for the H2O program Okay, thank you. Um, and then I've got a few questions. I mean we're live right now. Um, I'm sorry.  Um, so I've got a couple questions from my constituents. Um, one is um I'm a really low Water user I've done all the things that I think I can do. Am I going to get in trouble if I don't further reduce Uh, thank you council member Fleming. We we get that question all the time Um, and we are, you know in in drought conditions We are asking those customers that are doing everything we can to keep it up So we're not asking for a specific recommend rejection Um from those that feel that they're being as efficient as possible But we are saying if you don't know or you think you can reduce, please contact us We have a number of rebate programs. We have a number of tips tools resources that we can help provide you Um, so we're here to help uh all of our customers with being as efficient as possible awesome, and then another question from constituents is um My landlords have turf in front of my house and it's in my contract that I have to water it What can I do? So that is is also a great question that we deal with during times of drought. Um, so There's there's a couple ways one is that we can um They can definitely contact the water department We can provide some help and assistance and information on ways that they can Reduce and improve their irrigation efficiency without, you know, causing their turf to not necessarily be green So we have tips and resources we can help there We also work all the time with tenants and landlords and have the ability to provide information as well as provide Resources so that if they want to participate in a program and they're the water customer We can help sort of facilitate that relationship with their landlords Great. Thank you all so much Are there any other questions from council members? Okay We'll go to our public hearing then we'll open it up our public hearing I do want to let folks know that if they wish to file a written protest against the proposed increased Depotable water recycled water and wastewater rates You must deliver to the city clerk before the close of the public hearing your opposition So the city manager's office door is open to the public to receive any additional written protests through the close of this public hearing The requirements for a valid written protest under prop 218 were mailed to all of the city's utility customers in march There are additional copies of the notice available on the city's website at srcity.org slash water rates 2021 and only written protests that include the assessor's parcel number or street address Of the property receiving water or sewer service Are are signed by the property owner tenants and are received by the clerk before the close of the public hearing Will be counted for determining whether or not there's a majority protest to the proposed rate increase A majority protest under prop 218 would occur if 26,255 Valid written protests are filed with the clerk before the close of the hearing With that we'll go to our public comment for our public hearing We'll go ahead and start with p sun Let's see Are you unmuted now? Are you able to speak p sun? All right, madame city clerk. Let's see if we had any voicemail public comments, and then we'll try to come back There was no voice message public comment on this item Okay, we'll try one more time With p sun. Let's see if it shows unmuted on my end. We'll see if you are able to speak Madam city clerk. I'm not hearing anything I got yeah, I showed the person is unmuted. I'm not able to Provide more assistance Okay Well with that unfortunately, we will go ahead and close our public hearing and bring it back to the city council members Madam city clerk, can you tell me if there was a majority protest against the proposed increases? Or if you need us to take a brief recess for you to figure that out Mayor, I would like to run up to city manager's office and request a Less than five minute recess just to run up to city manager's office to see if we received an influx of protests in the last hours and certain Since four o'clock since the last one walked in the door Okay, we'll go ahead take a recess. We'll come back at 6 10 Thank you All right, madame city clerk. You ready to resume Thank you mayor. I am All right, let's do a quick roll call to make sure we have a quorum councilmember tiddits here Councilmember schwedhelm here Councilmember Sawyer here Councilmember Fleming here Councilmember Alvarez Vice mayor rogers And mayor rogers here Like it's the record show that all council members are present You also I uh notice had evie who I think wanted to take her mom's place for a couple of minutes there He is eager to take over the world. Um, that is for sure All right, madame clerk. Did we receive a sufficient amount of protest votes on this item? The city clerk's office received approximately 34 written comments or written protests with regard to the proposed rate increases By the close of the public hearing of which 34 appeared to be valid written protests Because there are 52 508 parcels subject to the protest rate increases It can be clearly seen that the number of protests received Is less than one half of the parcels that would be subject to the proposed rate increases Therefore a majority protest has not been filed We'll go ahead and bring it back to the council then and councilmember schwedhelm. I believe it's your motion Yes, thank you, mr. Mayor So I have first a resolution then ordinance sorry move a resolution of the council of the city of san rosa levin and assessing wastewater rates charged for service and repealing resolution number 28804 and wait for the reading of the text Second Motion by councilmember schwedhelm second by councilmember soyer. Let's go ahead and call the roll Sorry councilmember fleming. Did you want to make some comments? I would like to make a comment So I'm going to be supporting this day because I believe that the water department and the board of public utilities And you know the leadership of councilmember schwedhelm And others have gotten us to a really good point that haven't been said You know, I want to express that my heart goes out to people who are really struggling right now And because of prop 18 to 18 The the way that we levy Our fees around water usage, you know are not based on people's ability to pay, but they're based on On Okay, they're based on our actual You know the cost of doing of doing business and so, you know, it is not lost on me that we're talking about a 10 percent increase over four four years Sort is a little bit less if you can long write the the sewage or the the wastewater With the potable water at any rate that's much more than many many Families will stand to see in their wages increase in the next four years And so I just want to say that it is not without Some heartburn that I do this and I sincerely hope that people will avail themselves Of the programs that we have and not many places in the state of california beyond have such programs So, um, please do use these programs and reach out to us if you are struggling because we don't want anybody to To not have a clean drinking water. Thank you All right, thank you councilmember Are there any other comments All right, let's go ahead and call the roll councilmember alvarez Councilmember alvarez Thank you councilmember phleming Yes councilmember soyer hi councilmember tibbet all right councilmember schwedhelm hi Vice mayor rogers hi Mayor rogers hi That motion passes unanimously Okay, and then I'd like to introduce an ordinance of the council of the city of san aroza Amending sections one four dash zero four point zero one five One four dash zero four point zero nine zero and one four dash zero eight point zero one zero into leading section one four dash zero eight point zero one five of the san aroza city code revising monthly service charges Rates charged for city water services And water shortage rate and excess use penalty structures and way further reading of the text second It's a motion by the councilmember schwedhelm second by councilmember tidbits Are there any comments or questions? All right, we'll call the roll councilmember tidbits hi councilmember soyer hi councilmember alvarez hi councilmember phleming hi councilmember schwedhelm hi Vice mayor rogers hi Mayor rogers hi Let the record show that motion passed unanimously All right. Thank you so much Director Burke and your team and bob. Thank you for for helping out And everybody for working so hard on this one Mr. City manager item 15.2 item 15.2 public hearing street light whole banner proposed fees Raffaella Rivera economic development specialist presenting for some reason I My start video is not working but I can begin speaking There we go. Let's just start video We're here. All right For some reason I cannot turn on my video feature, but You know what I look like. So anyway, good evening everyone and good evening Mayor rogers and distinguished members of the city council. I'm here tonight to talk about Street light pole banners proposed fees Um, so Street light pole banners are typically used as a promotional and place making enhancement tool most commonly for seasonal and event related purposes Throughout many cities and downtown corridors Next slide, please right Um and recognition of the community interest in placing banners on street light poles The city council adopted the street light pole banner policy by a unanimous decision on january 5th 2021 With this new policy in place It now provides guidelines and procedures to manage and regulate banners on streetlight poles owned by the city of san rosa However, due to a technical oversight in the public hearing notice prior to the city council meeting on january 5th The corresponding fee schedule was not included in the adoption of the policy Uh, next slide, please So the proposed fee schedule includes two new proposed fees a non refundable Well, which are a non refundable banner application fee of 45 dollars and a banner installation inspection fee that ranges between 75 to 225 dollars They may also add that the encroachment permit fee of 128 dollars and the traffic control fee of 147 dollars As shown on the schedule are established fees that complete the banner fee schedule and will not and will be applied for this purpose To that end the purpose of the proposed banner non refundable application fee of 45 dollars and the corresponding banner installation inspection fee of between 75 to 225 dollars is to cover costs Associated with the processing of a new application and insurance public safety After banners have been installed Next slide, please And then there you see the process. So it basically goes through The application which is the uh, the uh, the fee will be a non refundable application fee And then it moves down to the permit issuance and that includes the encroachment permit fee of 128 Plus the traffic control fee of 147 dollars and then lastly to provide uh, to ensure public safety And after the banners have been installed A fee of between 75 dollars 225 dollars Next slide, please Sorry, can you go back for just a second? I apologize So if um, if all the fees were applied to the maximum number of the banners the total costs possible for an applicant would be around 545 dollars In reality the traffic control fee Will most commonly be paid by the installer and historically the number of banners requested is 30 or less Uh, next slide, please All right, so just to give you um some comparison with other municipalities throughout the Bay Area and Their banner programs. We went ahead and listed some some other cities And um, as you can see there, uh, the city of Alejo has a very similar fee to what we're proposing Sacramento does as well daily city comes very close The reason why the city of san rafael Napa and maybe san liandro is because they only dedicate about two blocks Uh of uh poll street polls that are available for their um banner programs Next slide, please All right in terms of outreach Development of the street live poll banner program relied on heavy engagement by a diverse group of stakeholders The proposed fees were integrated into discussion during the broader outreach and engagement efforts that included presentations to The downtown subcommittee the economic development subcommittee Meetings with event organizers such as luther burbank rose parade wednesday night market sonoma county pride and with neighborhood organizations such as the downtown action organization the railroad square association as well as one-on-one meetings with neighborhood organizers Staff also met with the san rosa metro chamber and the hispanic chamber of commerce the museum of sonoma county The community advisory board rose on area business owners and representatives of other organizations and interested parties as well as City divisions that would have a role in implementing the policy Input and concerns were considered and integrated into the policy And fees as appropriate You may also remember or you may also recall we had a Very robust discussion during the january 5th council meeting were based on council and public feedback It was agreed to amend the policy to exclude neighborhood identification banners Transit and public works agreed to install new banners, which means they will not be subject To application or permit fees associated with this process Next slide, please So in conclusion, I would now like to make a recommendation on behalf of the economic development division That the council by resolution Adopt a streetlight pole banner schedule the fees related to the review permitting installation This is this installation and inspection of streetlight pole banners And tonight I have uh my small team risa de la rosa And tara thompson and I believe maybe gave osborne available for questions as well as myself Great, thank you so much rafael council. Do we have any questions? councilmember alvarez Yes, thank you rafael. Thank you for that presentation. I do have a question on slide number three um on the banner inspection It it reads one through 12 12 to 30 I imagine this is the amount of banners that that someone has has acquired. Is that to your program? Is that correct? Yes, that's uh, typically it's about, you know, we Don't get more than 30 requests for more than 30 banners. However for events such as uh, pride and Some of the holiday banners we could potentially get over That amount perfect and just for for for the facility for someone who's looking at the tier program What would be advisable maybe put one through 12 and maybe 13 through 30? As as it might be like no confusion if I wanted to order 12 I wouldn't know what uh, if i was going to pay 75 or 150 just for clarification That's a good point. Uh, yeah, I think we can make that Modification and everything else. I believe it's it's what uh, 12 years in the making and I'm happy to see it finally here Yes Thank you. Yes Counselor, are there any other questions? Okay, we'll go to our public hearing. I'll open the public hearing on item 15.2 If anybody's interested in speaking go ahead hit the raise hand feature on zoom And madam city clerk. I'm not seeing any did we have any Pre-recorded voice bail public comments on item 15.2 Here there are no uh voice message public comments on this item All right, then I will go ahead and close the public hearing and I'll bring it back and I believe councilmember soyer This is your item Thank you, mayor First like to thank all of those that that worked so hard on this, you know, it's seven tiles doesn't come close to Showing how much work went into this? particular resolution It was an amazing amount of time and effort and gathering information and conversation You know, one might think that that a banner a program would be simple to institute, but um, that's not the case a lot of considerations went into this and research and Some hand-holding and ringing of hands as well because it can get expensive But there's a lot of work that goes into it and this is why it took as much time as it did Because we had a very thoughtful group of people working on this particular endeavor so with um with the suggestions by councilmember alvarez to be included in the Um schedule Um and introduce a resolution of the council the city center rosa Adopting streetlight pull banner fees associated with council policy number 000-71 titled streetlight pull banners and waive further reading second And councilmember as a clarification that amendment was for it to reflect 1 through 12 13 through 30 and then 31 As the start for the next one correct correct. Thank you. Okay councilmember fleming comments Indeed, uh, you know rafael It's always interesting when councilmember soire talks about how long certain things come here because for those of us who are Newer to the council, you know, we just show up and there's all this money coming in and all these great things are happening and it's you know, not always really been the case and so um, you have been You know, you you say we know what you look like and it's because we do know what you look like because you show up so consistently And around the community everybody knows you and and your team is is you talk about your team Like it's you know, some you know deep bench of people. It is a deep bench. There's only a few of you So I just want to really sincerely extend my gratitude to you and let you know how much I think this is important and that I was thinking about it just a few weeks ago on a day trip to san francisco And I was walking through the philmore district and you know, they had these great signs out there Placemaking signs that said feel more in the philmore And then in other neighborhoods in in san francisco the signs looked ratty old out of season or decrepit And it really made such a difference in the placemaking and so i'm super excited for santa rosa to get To get this fresh touch that's been a long time in the making So a sincere thank you to you and and to all of the folks who will be participating in this going forward Thank you so much Okay, you have a motion from councilmember soyer and a flood and a second from councilmember fleming Let's go ahead and call the roll on this item Thank you councilmember fleming Yes Councilmember soyer hi councilmember schvudhelm hi councilmember tibbet hi Councilmember alvarez hi Vice mayor rogers hi Mayor rogers hi At the record show this motion passed unanimously Great, thank you so much and great work raphael and team What you say my gracias We have one written communication on our agenda for tonight. That's the notice of a final map for baguette cottages We'll go to our final public comment for non agenda items period item 17 If you're interested in giving comment for non agenda items go ahead and hit the raise hand feature on zoom I'm not seeing any All right, and with that we'll do one more one Final thank you to mr. McGlynn for his service to the community as we adjourn our meeting tonight Good night, everybody