From: Bolla, Rhonda
To: City Council Public Comments
Subject: 11/12/24 City Council Agenda Item 17.1
Date: Wednesday, November 20, 2024 10:59:44 AM
Attachments: CC 17.1 111224, Boards.docx
CAB Data 2019 Current Term Employer AppointedByANNOTATED110624.pdf Gmail - Discrepancies in the CAB member rosters, mismanagement.pdf From: Greater Cherry Neighborhood Association <[email protected]> Sent: Tuesday, November 12, 2024 3:13 PM
To: City Clerk <[email protected]>; _CityCouncilListPublic <[email protected]>; CA Office <[email protected]>; CMOffice <[email protected]>; Fleming, Victoria <[email protected]>; Rogers, Natalie <[email protected]>; Rogers, Chris <[email protected]>; Stapp, Mark <[email protected]>; Alvarez, Eddie <[email protected]>; Okrepkie, Jeff <[email protected]>; MacDonald, Dianna <[email protected]>
Subject: [EXTERNAL] 11/12/24 City Council Agenda Item 17.1
Dear City Council and Staff;
Please find attached our questions about Agenda Item #17.1.
We have also attached an email from 11/6/24 that addresses issues regarding CAB's voting procedures. We need a response on this so we can cease requesting public documents that we believe will reinforce our position as stated in our email, or otherwise fashion a remedy.
We look forward to hearing a robust conversation about CAB, and other boards and commissions at tonight's Council meeting.
Eric Fraser
Date: November 12, 2024
TO: City Council Members, City Manager, City Clerk
FROM: Eric Fraser, [email protected]
RE: 11/12/24 City Council, Agenda Item 17.1, 2Q24 and 2Q23 attendance summaries for Boards and Commissions.
In reviewing the reports attached to Agenda Item 17.1, we discovered some discrepancies and have some questions. We think everybody would agree that these boards and commissions are an important aspect of civic life and demand more transparency.
As you know, we are very interested in the accounting of two boards: CAB and SRTBIA.
Attached is an email send 11/6, with a follow-up to the City Clerk 11/7. We are still waiting for a reply. At issue are the voting requirements in CAB, and the quorum needed, given the extensive vacancies.
For the reports attached to Agenda Item 17.1:
Turning to the Attendance Chart, page 7 for the Community Advisory Board:
1) The extent of vacancies is not clear, as the date for each resignation is not recorded (as it was for other committees). The information accompanying the 11/6 email has a chart that is more factual.
2) “A” for Absent is red in some cases, but black in others. Does a black “A” represent an excused absence (see April and May 2024)?
For all charts:
1) When there is a Vacant seat for any meeting, the line should have a “V” instead of “N/A”. Does “N/A” mean that seat is not considered for voting or making quorum? 2) Add a description with each board or commission describing the total number of members, how they are selected, length of term, specific quorum, or special voting requirements.
Furthermore, harmonize with SRcity.org and Legistar pages with these reports, or whatever vessel represents factual reporting.
Name Status TermStart dateEnd date Employer Appointing Authority Xavier Nazario Resigned 2 1-Jan-1727-Mar-19University of San Francisco - Santa Rosa Ernesto OlivaresMichael P Varela Resigned 1 10-Jul-1828-Aug-19 Chris Rogers Laney Rooks Resigned 1 12-Mar-1923-Oct-19UC Hastings Victoria FlemingLacinda Moore Other 2 10-Jan-174-Feb-20 Julie Combs Miles D Burgin Resigned 1 1-Mar-1921-Jul-20Kivelstadt Cellars Julie Combs Jennielynn Holmes Resigned 2 13-Dec-1628-Jul-20Catholic Charities Jack Tibbetts Michelle L Escobar-McGarryResigned 1 22-Apr-196-Nov-20Center for Well-BeingErnesto Olivares Albert D Chaparro Resigned 2 15-Jan-199-Dec-20Social Advocates For YouthVictoria FlemingCherie Barnett Term Completed2 10-Jan-1731-Dec-20 Chris Rogers Danielle Divine Term Completed1 22-Feb-1931-Dec-20Divinecorp Ernesto Olivares Leslie A Graves Term Completed1 3-Dec-1931-Dec-20self Chris Rogers Kevin H. Foster Term Completed1 19-May-2031-Dec-20Meridian Realty Richard Dowd Ms Veronica R Cruz Term Completed1 24-Feb-1727-Jan-21Retired Superior Court of California, County of SonomaJack Tibbetts Mary Jacquelynne OcanaResigned 1 20-Jan-2027-Jan-21Specialized Services For Law Firms Victoria Fleming Cecile Querubin Term Completed2 27-Dec-1824-Mar-21Providence St. Joseph Health and Qi Consulting Tom Schwedhelm Carley Moore Resigned 1 19-Feb-1922-Jun-21County of Sonoma John Sawyer Chanthavy Sem Resigned 1 27-Feb-2117-Nov-21Love&Light Soco Eddie Alvarez Keith Roberts Resigned 1 11-Jun-1923-Nov-21Santa Rosa Community HealthJohn Sawyer Mr. Vincent Harper Other 2 27-Dec-1829-Nov-21Community Action Partnership of Sonoma County Tom Schwedhelm Mr. Manny C Baldenegro JrResigned 1 1-Feb-2125-Feb-22Self Employed Jack Tibbetts Robin M. Bartholow Resigned 1 13-Oct-2126-Jul-22Sonoma County Farm BureauEddie Alvarez Damion Square Term Completed1 3-Mar-2122-Sep-22AT&T Natalie Rogers Ms Candice S RichardsonTerm Completed1 8-Mar-2122-Sep-22Federal GovernmentNatalie Rogers Jorge Inocencio Term Completed1 6-Jan-2131-Dec-22keysight technologiesVictoria Fleming Ms Beth Steffy Term Completed1 10-Feb-2131-Dec-22N/A Victoria Fleming Steve Rahmn Term Completed1 13-Jul-2131-Dec-22Firebrand Electric Tom Schwedhelm Kirstyne Lange Term Completed1 12-Jan-2231-Dec-22KAL Consulting, LLCJohn Sawyer Calum Weeks Term Completed1 15-Jan-2231-Dec-22None Tom Schwedhelm Leslie A Graves Resigned 2 27-Jan-2110-Jan-23self Chris Rogers Ms Iris F Harrell Resigned 1 7-Jun-2219-Jan-23Retired Dianna MacDonald - D3Heidi Klyn Ms Resigned 1 24-Jan-2224-Jan-23 Dianna MacDonald - D3 Sarah-Jane Wiseman Resigned 1 3-Feb-2216-Nov-23Mendocino Forest ProductsEddie Alvarez Yvonne Sierra Resigned 1 10-Jan-2322-Jan-24Retired Eddie Alvarez Angelina M Vasquez Resigned 1 25-Jul-2314-Jun-24Kaiser PermanenteNatalie Rogers Duane De Witt Resigned 1 28-Feb-2419-Jun-24Retired Eddie Alvarez Henry Huang Resigned 1 10-Jan-2327-Jun-24Law Offices of Henry J. HuangNatalie Rogers Angelina M Vasquez Resigned 1 25-Jul-2325-Jul-24Kaiser PermanenteNatalie Rogers Steve Rahmn Resigned 1 27-Dec-2229-Jul-24Firebrand Electric Jeff Okrepkie Kirstyne Lange Resigned 2 10-Jan-231-Aug-24KAL Consulting, LLCMark Stapp Amy Holter Resigned 1 10-Jan-2312-Aug-24Catholic Charities of the Diocese of Santa Rosa Chris RogersCherie Barnett Active 3 27-Jan-2131-Dec-24 Chris Rogers David Chen Active 1 24-Jan-2331-Dec-24Caitelion LLC Dianna MacDonald - D3 Ms. Andrea Rodrigeuz Active 1 14-Feb-2331-Dec-24Sonoma Water Dianna MacDonald - D3Ana M Diaz Active 1 1-Jul-2431-Dec-24 Eddie Alvarez Miles D Horton Active 1 23-Jul-2431-Dec-24Sonoma Clean PowerNatalie Rogers Nancy Trejo Vazquez Active 1 27-Sep-2431-Dec-24Burbank Housing Eddie AlvarezVacancy Active 1N/A 31-Dec-24 Natalie RogersVacancy Active 1N/A 31-Dec-24 Chris Rogers Calum Weeks Active 2 27-Dec-2231-Dec-26Generation HousingJeff Okrepkie Ariana Díaz De León Active 1 10-Jan-2331-Dec-26Santa Rosa Community HealthMark Stapp Jorge Inocencio Active 2 14-Feb-2331-Dec-26keysight technologiesVictoria Fleming10/30/24 CAB 1:48:27 Chr Weeks "He Stepped Down" Derek Knowles Active 1 16-Apr-2431-Dec-26Self-Employed/FreelanceVictoria Fleming Jude Frates Active 1 20-Aug-2431-Dec-26Coldwell Banker RealtyJeff OkrepkieVacancy Active 1N/A 31-Dec-26 Mark Stapp Date: 11/5/2024Source: https://cityofsantarosaca.nextrequest.com/requests/24-1249Shading added for emphasis:More than termCurrent VacanciesCurrent Seats Greater Cherry Neighborhood Association <[email protected]> Wed, Nov 6, 4:25 PM (15 hours ago)
to CMOffice, caoffice, City, Community, Ana, Cherie, Steve Dear City Attorney Strickler, Manager Smith, and the Community Advisory Board,
Please clarify the rules for establishing quorum and determining votes for a motion to pass so we can resolve questions about voting during the 10/30/24 CAB meeting.
10/30/24: The CAB meeting included 9 of the 11 seated CAB members on a 14-person board. See https://santa-rosa.granicus.com/player/clip/3321? view_id=2&redirect=true Two members were reclused/abstained on separate items, and one member left the meeting at approximately 2:00:00. Chair Weeks Eric Fraser <[email protected]>
Discrepancies in the CAB member rosters, mismanagement
Eric Fraser <[email protected]> Thu, Nov 7, 2024 at 8:36 AMTo: City Clerk <[email protected]>Cc: CMOffice <[email protected]>, [email protected], CA Office <[email protected]>, [email protected] Hello;
Thanks for your quick responses to our PRA requests.
We can not figure out why the discrepancies exist between your responsive information to our https://cityofsantarosaca.nextrequest.com/requests/24-1249 and the directory listed at https://santa-rosa.legistar.com/DepartmentDetail.aspx?ID=28212&GUID=586371DB-722B-459B-A784-935131CE3E8D I've attached the workbook we created from the responsive information, in an attempt to understand the status and backgrounds of current CAB members, as well as past appointees.
We've learned that since 1/1/21 CAB has seen 9 completed terms of various lengths, and 19 resignations. The current cohort has 10 current members and 4 empty seats. Furthermore, theresponsive information shows 60% of seated CAB members have terms expiring at the end of 2024.
Yesterday, we sent an email related to questions about quorum and voting procedures at CAB. An essential question is whether CAB has ever seated all members (21 pre-Res 28174, or 14 membersrequired after the resolution passed in 2012), and if so, when? What is a CAB term anyway? Terms' start and end dates appear more as a response to resignations instead of a celebratory change from one cohort to another.
Why is it so difficult to seat a full CAB? The need for political control with a strong hint of incessant corruption probably has something to do with it. Once people are seated they find the working environmentlacking? Frankly this is a shocking mess. I'm not certain that even somebody with the incredible skill set that Ms. Horta displays will be able to overcome CAB's deficiencies, duplicity, and management problems.
Eric FraserTRUTH IN TOURISM707.479-8247
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Questions about 10/30/24 CAB meeting
11/12/24, 2:33 PM Gmail - Discrepancies in the CAB member rosters, mismanagement https://mail.google.com/mail/u/1/?ik=5b0ac14963&view=pt&search=all&permmsgid=msg-a:r-8338942024197262104&simpl=msg-a:r-8338942024197262104 1/3 at 1:48:27 declared that Member Inocencio had “stepped down”. Therefore, for the 10/30/24 meeting there were only 10 seated members (not 11), 9 in attendance, and 4 (not 3) vacancies. Why was that not revealed at the beginning of the meeting?
Quorum: Resolution No. 28174 (2012) specifies 8 members of CAB make a quorum from a body of 14 seats, a simple majority. But it assumes all 14 seats are filled, which has hardly been the case since 2019 if ever. See https://cityofsantarosaca.nextrequest.com/requests/24-1249 Why isn’t a quorum calculated from the number of filled seats, when the Board has historically been unable to fill all seats allotted?
10/30/24: Using a simple majority AND assuming all 14 seats are filled, 9 members were “present” while 8 were needed for a quorum, this assumes “vacancies” are also “members”. (Let’s refer to this as the “8/14” rule enforced by City Attorney Strickler). At several points during the meeting, CAB barely had a quorum as members abstained or became absent. With only 10 seated members, why wouldn’t 6 members make an official quorum since this is a simple majority? (6/10 simple majority calculation) Anyway, 8 members were present for the 10/30 meeting, and we’ll pretend that there are 14 seated members.
Voting on a Motion: All information in the Council Procedures and Protocols, Policy 000-06, and Rosenberg’s Rules of Order indicates that a simple majority of members “present & voting” is needed to pass a motion. Nothing stated in Resolutions nos. 22928 (1996), 25805 (2003), 28174 (2012), 28442 (2014) indicate that there any rules that allows or requires a deviation from a “present & voting” simple majority to carry a motion. “Present” refers to the quorum being achieved and acknowledged before a vote, and “voting” means you are qualified to vote (not disqualified, abstaining, or absent). Unfilled seats, absent, abstained or otherwise disqualified members cannot vote, and their votes are not considered when determining a simple majority, assuming a quorum is maintained.
Therefore, we assert that the applications for the Greater Cherry Neighbors and the Latino Service Providers were in fact passed, individually, 7 yes – 1 no (0 recusals – 2 absences – 4 vacant seats). Only 5 “yes” votes, out of all votes of the 8 members “present and voting”, even with an 8-member quorum meeting Attorney Strickler's strict standards, would have been required to pass on a simple majority.
If our analysis is correct, we’d think that the cure is to record in the minutes that the rules were somehow misinterpreted by the City Attorney, and that both motions in fact passed. Don’t you agree, Attorney Strickler?
In the future, it may be good practice for the City Attorney, staff, or Board Chair to clearly give a CAB update so that the people and members know the correct calculation for a quorum (with cites) and whether achieved, the voting status of members (present, absent, disqualified) and whether some members need to abstain for specific items (and the impact on quorum).
As a separate item, let’s correspond about the remedy for the application for the Sharing Institute’s Appreciation Day that we submitted, but went missing, or was overlooked. Given the prejudicial and calumnious environment created by you against me and those associated with me, it would be fair to award that application out of some other account – like Out There!, without further ado. What are you doing with the application for the Sharing Institute’s Appreciation Day?
Looking forward to learning more about these questions and issues by 11/15/24. Let us know if it is not reasonable to have your response and information by then, so we can plan accordingly.
11/12/24, 2:33 PM Gmail - Discrepancies in the CAB member rosters, mismanagement https://mail.google.com/mail/u/1/?ik=5b0ac14963&view=pt&search=all&permmsgid=msg-a:r-8338942024197262104&simpl=msg-a:r-8338942024197262104 2/3
Sincerely,
Eric Fraser
707.479-8247
Additional Sources:
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cc: Attorney's file
2 attachments
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CAB_Data_2019_Current_Term_Employer_AppointedByANNOTATED110624.pdf59K 11/12/24, 2:33 PM Gmail - Discrepancies in the CAB member rosters, mismanagement https://mail.google.com/mail/u/1/?ik=5b0ac14963&view=pt&search=all&permmsgid=msg-a:r-8338942024197262104&simpl=msg-a:r-8338942024197262104 3/3