City Council

>> The in many at noon Young. In division in County where you live. But it didn't you could push on member that political can. It's a cynical turn. What need in on. I don't need cent. I take and a bout of the flu This coming up in a cycle. Global We have a say we're not going know come in the cap by a lot the so which I'd like to put on. I >> Welcome everyone to our MAY 20st 2024 Santa Rosa City Council meeting. It is now 3.31. We will be starting our meeting, seeing a corn city clerk. Can you please call the roll? Thank you. Mayor Council member Chris Rogers. Councilmember MacDonald, counsel member Fleming Councilmember Offense. Vice Mayor stop here. Mayor Rogers. Let the record show that all council members are present with the exception of councilmembers. Chris Rogers in Councilmember for us. Thank you. We will now proceed to item 3.1, which is our closed session item for today. 3.1 conference with labor negotiators City clerk. Can you please facilitate public comment on this item? Thank you. We're now taking public comments on closed session item. 3.1. If you're in the chamber and would like to comment but have not provided a speaker card or your name, please make your way to the podium. You have 3 minutes and a countdown timer will or at the end of that period as you approach the podium, please state your name for the record. If you choose to do so. Seeing no one approached the podium and we receive no speaker cards. Thank you very much. We will now recess in a closed session. Good afternoon. Thank you all for

joining us today for the city Council meeting. I did want to just make an announcement that city council is still in closed session. >> And they're hoping to wrap up here in the next 10 or 15 minutes. And we appreciate your patients. >> Welcome everyone. To our MAY 20st 2024 Santa Rosa City Council meeting. It is now. >> For 15 and we will be resuming are starting our meeting, seeing a quorum. MADAM City Clerk, can you please call the roll? Thank you. Mayor Council member Chris Rogers Councilmember Okrepkie Air Councilmember MacDonald here, Councilmember Fleming. Councilmember Alvarez. Vice Mayor, stop your Mayor Rogers PRESIDENT. Let the record show that all council members are present with the exception of council members offer U.S. Funding. And Chris Rogers, thank you. We have no study session today. So we will go on to item 6, which is report if any on study in closed session. >> So we did have a closed session. So I will hand it over to City attorney to report on our closed session. Thank you, MADAM Mayor there was no reportable action taken in closed session. >> We will now go on to our proclamations for today. And moving on to 7.1, which is our first proclamation, which will be read by. Vice mayor's that. >> Thank you, MADAM Mayor. And thanks to everyone for making the time to come out today. This is this is an Whereas Eritrea became independent on MAY 24th 1991 after a brutal 30 years of war and the mobilization of an impressive National Liberation movement. And whereas Eritrea is a country that lies in the west coast of the Red Sea in the Horn of Africa inhabited by a mosaic of diverse. A mosaic of

diverse 9 at the communities. And whereas Eritrea is the first country in Africa to accept Christianity in the 4th century and Islam in the 7th century. And whereas Eritrea's Capital City as Mara is Africa's a secret modernist. The city recognized by the un as the first World Heritage site in Eritrea. And whereas in addition to being the land of peace in the Horn of Africa, Eritrea also dominates in cycling and marathon runners. And whereas the Airtrain community of Sonoma County was established in the late 1980's and has grown considerably. And whereas the Airtrain community in Santa Rosa strives to help alleviate some of the problems faced by Eritreans in Northern California by helping them overcome many of the cultural language and other barriers. And whereas the members of the Eritrean community have provided Santa Rosa with the unique cultural influence and have fundamentally enrich the character of our city. And whereas Eritrean Americans bring with them their rich culture cultural heritage, including traditions, cuisine, music, sports and art. Their presence adds to the vibrant tapestry of cultures, economic growth in Sonoma County, fostering cross cultural understanding and appreciation among residents now, therefore, be it resolved that Natalie Rogers mayor, the city of Santa Rosa on behalf of the entire city council, does hereby hereby proclaim MAY 24th 2024 as Eritrean Independence Day. >> I would like to take this

time to invite the that will be accepting this proclamation. But to the podium to say a few words. And after he makes a few comments, city clerk, can you please facilitate public comment on this item? First, would like to take >> Mary Rogers members of City Council Santa Rosa for honorable. Fantastic. For our first thing too. Respect. And celebrate. They an Independence day. I would also like to Builders here that make sure that our community stay together. >> And the young as well to funnel. Senator was been good to be working most of the last 4 years been for years. >> And from the weather too. Kalter. To the residents been good to us and the simulated 2 senators approve. Well. >> And we're pretty productive. Citizen of the Santa Rosa. As you I Samara Rogers Cup of time talking about variants and Kaiser Permanente. So me and colleague I lost 2 brother and sister in the war. I feel how veterans and family. And spouse are impacted. And I appreciate that speech that you gave. Than Just one of show map she didn't on the few guys. Thank you. >> We're now taking public comments on item 7.1. If you're in the council chamber and would like to comment but have not provided a speaker

card or your name, please make your way to the podiums upstairs. You have 3 minutes and a countdown timer will alert at the end of that period. As you approach the podium, please state your name for the record. If you choose to do so. Mc no one approached the podium. So we had a speaker card submitted on this item. Thank you so this is a time where we would be honored to take that picture with everyone that has come. I'm here to celebrate. So I see there's a lot of people in this section. So I'm thinking if we can come to come on the stairs on the side of you and whoever is not in this section can come. Over, then we can take the picture and everyone can be seen in the picture. Is that okay? All right. We're headed your way. For those of you that are standing in the back. We have plenty of seating now. So I encourage everyone to please take a seat if you would like to do so. >> We will now be moving on to 7.2, which is our second proclamation for this afternoon. Councilmember MacDonald. >> Thank you, mayor. It's my pleasure to be able to read the resolutions for National Public Works week. Whereas public essential part of our citizens everyday lives and whereas public works professionals focus on infrastructure facilities and services that are vital that are of vital importance to the sustainability and resilient community, protecting public health and improving the quality of life and well-being

of the people of Santa Rosa. And whereas these infrastructure facilities and services could not be provided without the dedicated efforts of the public works. Professionals, engineers, operators, technicians and employees at all levels of government and in the private sector. And are the responsible for the community's transportation system, residential and arterial streets, lights and signals water, distribution and sewer collection systems, treatment and water use systems, parks and amenities, public buildings and other structures and facilities. Essentials for our citizens. And whereas each day public works perfect personnel work under challenging circumstances to keep themselves motorists, bicyclists and pedestrians safe while conducting necessary work to maintain repair and build our vital public infrastructure and roadway system. And whereas the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association and now therefore be it resolved that our Mayor, Natalie Rogers. And on behalf of the entire city council do hereby proclaim the week MAY 19 through MAY 25th 2024. As National Public Works Week in the city of Santa Rosa. I don't have to invite director Hennessey. Would you like to would you like to make comment? >> And thank everyone at director. Transportation public works for the city >> I couldn't agree more with everything. The councilmember

town just reading that >> we frankly notice a lot the futures of public that they're responsible for maintaining. When they go and the frequency with everything goes right often goes unnoticed. Men and women who serve in the roles has do so without a lot of acknowledgement without a lot of fanfare. But they are widely responsible for the liveability of the city and making sure that don't have to worry about things that we take for And so the proclamation and honoring them and I'm grateful for and I think appropriate to acknowledge that work also on behalf of the >> Transportation Public Works Department, the Parks Department, the water tomorrow We're having the city works from 5.30, to 8. That right. Where you can come meet some of the members of the learn about some of the equipment will be on site. And again, opportunity to interact with staff that maintains our infrastructure and and show appreciation for all that they do and and specifically for I'll speak for Director Bergen, Director Watson, rest of the executive team with the city. We're very, very grateful for the boots on the ground to make all this possible. And thank you for everything that you guys to to, to make the city what it is. >> Thank you. We're now taking public comments on 87.2, if you're in the council chamber like to comment but have not yet provided a speaker card or your name, please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that

period. As you approach the podium, please state your name for the record. If you choose to do so. Please. Go ahead. MISTER. It. >> I wanted to make sure this is 2011.1. >> know this. We are on currently 7 point to nation lower keys. Didn't hear you so well if I said 11.0, 2.1, I apologize. This is 7.2 or taking public comment on, Sir. Did you want to go ahead and make your comment on 7.2? Yes. >> Good afternoon Council. My name Omar Lopez. Some a member of the board of Community Services for which for those don't know that our parks and recreation board, I want to take a chance to highlight the hard work our team to make sure our parks are up captain accessible and the work that needed to hold a re creation program sign. Our summer programs are one of the bigger demands that we have in the communities. So I really want to highlight the work that the team that's for us in those programs. And I just want to highlight, you know, we just had a lot of winter storms that went through in amount of work that really puts on our team to maintain that is incredibly notable. So I really just want to take a chance to highlight the hard work. Our parks and rec team Thank you. >> Okay, MISTER, did it. Go ahead. >> Hello. My name is doing the wooden from religion and I also want to thank the public works team for the city of Santa Rosa and I especially wanted to point out to the fact you're doing labor negotiations right now. You should give those guys are rays and you might have to freeze some of the middle management and top management people, but it's worth it

because they do the work that makes our city good. The public works. People especially the folks that take care of the roads and the folks who take care of the parks, they definitely need to have good packages and we need more of them. Please hire more folks working on the parks and recreation. It's very important because we're going to be going into some as I heard it was structural deficit funding for the next few years. Many not enough money to go around. So please don't put it on the back of the poor taking away from the rich. Thank you kindly. >> Thank you. Mc no one else approach to put in for public comment on this item. Thank you. So we do want to take a picture with everyone. But while we're still here, I would like to ask everyone that works. And one of those departments to please stand at. Thank you for your service to our community. Thank you for doing jobs some people don't want to do and you continue to do them to make our city a beautiful place that we live in. So thank you very much for all your hard work and thank you for being here. And with that. Can I invite you guys down to take a picture? >> With the council? Yes. All of you, U.S. Thank you. >> All right. Thank you for your patience. We will now continue to item 7.3, which that is the proclamation that will be read by Vice mayor. Is >> Thank you, MADAM Mayor. Whereas water is essential for

every living creature and is a precious and limited natural resources resource that must be stored wisely for future generations. And whereas the city of Santa Rosa is the purveyor of the water resource in the center as a community. And whereas the health of senator is growing population and the welfare of our community depends on reliable, high-quality water supply. And whereas because water is a precious resource wise use of water should should be considered a way of life. And whereas Santa Rosa Water encourages citywide understanding and appreciation of the value of water efficiency. And whereas the Santa Rosa community has long demonstrated a commitment to using water wisely by minimizing water waste installing over 59,000 water efficient toilets and nearly 15,000 high efficiency clothes washers and converting 4.2 million square feet of lawn to low water lot below water. Use landscapes. And whereas the implementation of water use efficiency programs resulted in an annual reduction of approximately 866 metric tons of greenhouse gases and 6,498 megawatt hours of energy. And whereas the city of Santa Rosa is the owner and operator of the rig regional water reuse system and is one of the largest recyclers of water producing high-quality, recycled water for many purposes, including irrigation of parks, commercial businesses and a community garden and whereas for every drop recycled water used a drop of potable water saved now, therefore, be it resolved that Natalie Rogers, mayor of the city of Santa Rosa on

behalf of the entire city council, claims made 2024 as Water Awareness Month and encourages all citizen to all citizens to do your part, be water. Smart. I would like. >> had a me Yes, the floor is yours. >> Thank you. Mayor Rogers and member members of the council. I would like to introduce myself. I'm Stacey Hatfield. The water use efficiency coordinator. I want to take a moment to highlight the Water Awareness Month activities that we've done this year. First, there was an eco-friendly garden tour last Saturday. MAY 18 in which 11 Santa Rosa Gardens participated and our water use efficiency provided an information booth at one of the sites. Next. Is this proclamation followed by the presentation of our 3 awardees for the last 25 years. City of Santa Rosa has offered a suite of best management practices and rebates to encourage smart water use. Even though we're not in a drought emergency any longer, water efficiency is still essential to all Santa Rosen's. So thank you for this proclamation. MADAM City Clerk, New Police facility, a public comment. Thank you. We're not taking public comment on item. 7.3, if you are in the chamber would like to provide comment but have not provided a speaker card. >> Where your name please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please state your name for the record. If you choose to do so. There one. No one approached the podiums on the and there are no public comment card submitted. Thank you so much. And with that, can we please invite whoever is here to accept this proclamation down to take a picture with the council? All right. And you guys think that we got into the fun. We have more fun to come in. That is 7.4 presentation for water

efficiency Awards. >> So as part of the Water Awareness Month, we are recognizing those in our community that have gone above and beyond to save water. >> Before we present the awards, we have a short video that will be played in honor of this year's recipients. >> Tends to Santa Rosa Waters 3, 2020 for water. Use Efficiency Award winners for their outstanding efforts to increase water efficiency in their homes, communities and businesses. This year's award winners are. Alan's. Transformed 1000 square feet of grass in his front yard. Incorporating stormwater features low water use plants and upgrading his irrigation controllers. His actions will save over 18,000 gallons of water annually. >> Impressed with the results. He installed a second rain garden in his backyard, hoping to reduce erosion and flooding all while recharging our off workers. Burbank housing participated in our direct install program replace nearly 600 use toilets with high-efficiency models along with the fish and showerheads and faucets, Air Raiders saving over 900,000 gallons of water in total for our community. Counting broke dentistry, owned by doctor or lot replaced 1500 square feet of grass through. She change with colorful second limbs. A new weather based irrigation controller and 220 gallons of rainwater storage taking over 64,000 gallons of water annually in the landscape alone. Additionally in the office, they upgraded their Web vacuum for procedures to a dry system that does not

require water to run. In Santa Rosa Water sustained reduction rebate, reducing their water use by over 70%. Thank you to our 2020 for water. Use Efficiency Award winners for achieving exceptional water savings. >> Now we will ask the recipients to come up one by one. As I call their So you can accept your award in after you except your word. We ask that you stand off to the side so we can take a group picture after everyone has accepted their awards. >> I would like for the council to join me. That would be great. The first water use Efficiency Award goes to Allen said, please come up and accept your award in take a photo with the council. Congratulations. Water Use Efficiency Award goes to Burbank, housing, which is being accepted by Julia Heredia. Please come up and accept your award and take a photo with the council. Congratulations. And the last water use Efficiency Award goes to Count Grove Dentistry, which is being accepted. Eye Doctor Robert. Aaron Please come up and accept your word and take a photo. Congratulations. >> If any of the recipients of the awards would like to make a comment. This is your time to do so. So please go to the podium feel free to make a comment.

>> city council and mayor, I want to thank all the people from the water department that made it so easy essentially going with my project and getting advice on things. And if you're a rebates here and there didn't hurt, but it was more of a big puzzle on trying find out how to save the most amount of water with this pace that we had. So it was a fun project and anybody founder of Dentistry, anybody has a the including to start a project like that. You're welcome to give a call. And I cannot help you. If you like. >> I wanted to do. My name is Sharon want to know Doctor Bob Gerlach but also I want thank this and also this snow. County waterworks put on water to a garden tour past They were 4,000 people that were registered to tangent between Sonoma And I say are having rest Thursday, too. Patients Sonoma County. And I we upward to 200 plus came to see our in our home. I'd say probably 25% of family groups came happy to see have opportunity to not only see our rain hose talk to us how they be able to do their own home. Thank you to make to our community. >> And then share and I know that your name was not on the award, but we do. Thank you very much for your contributions and making this happen. Both you and your

husband. So thank you so much. And with that city clerk, me, please facilitate public comment on this item. Thank you, mayor. We're now taking public comment on item 7.4. If you are in the council chamber and would like to provide comment but have not yet provided a speaker card or your name. Please make your way to the podium. You will have the 3 minutes and a countdown timer will alert at the end of that period. And as you approach the podium, please state your name for public record. If you choose to do so. There are no public comment. Cards were submitted on the side of an icy Nolan approaching the podium. Thank you. So we will now continue to item 9 since we have no staff briefings. >> Today and that will be the city manager and city attorney reports. MADAM City manager. >> Thank good afternoon, everyone. Good evening. I'm I just want piggyback off director Hennessy's remarks that we are celebrating. Public works week. So we would like everyone to come downtown to the Wednesday night market and see some of our teams in action get to some of the members of the public works. The water Department and the Parks department. You know, I always say public works. Departments are the heartbeat of the city. You know, we help police when police can't, you know, from the bag as we know that we try to from hiding in the band and houses, you know, the broken window theory. We tried to all work together to make certain that we're all working as a team to make this a great place to live work and play. So I would like for everyone to come down and support our staff and our team and just give them a big thank you and appreciation. City

attorney. Thank you, MADAM This is the evening where a give a are monthly litigation We have one settlement over $50,000. That was finalized in APRIL of 2024. >> That was previously authorized by City Council in closed session. The settlement was in Guerrero versus the city of Santa Rosa. In that case, plaintiffs allege that a police officer driving a police vehicle failed to yield to the right of way and collided into plaintiffs vehicle causing personal injuries and property damage. The case has been resolved for $125,000 in exchange for release of all claims. And the case has now been dismissed. Beyond our caseload at approximately 39 litigation matters. Many cases they currently in the discovery phase and many have trial dates assigned to them. We as always continue to reside resolve smaller cases with little to no cost to the city and there are no questions. That's the end of my report. Thank you. >> Because of the time. We're going to take public comment on that item. Thank you, mayor. We're now taking public comment on item 9 city manager City attorney's report. If you'd like to provide a comment but have not read it a speaker card or your name, please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please state your name for public record. If you choose to do so. Are no public comment card submitted and no one approaching the podium for public comment on item 9.

Thank you. We will now item 14 because it is 5.33. So we will have our first public comment on non agenda matters. >> This is opportunity for the public to speak to the matters that are not listed on this agenda. But are within our subject matter jurisdiction of the council. So with that city clerk, can you please facilitate public comment? Thank you, mayor. We're now taking public comment on item 14 non agenda matters. >> This is a time or any person MAY address the council on matters not listed on the agenda, but which are within the subject matter jurisdiction of council. If you're in the council chamber, it would like to comment but have not provided a speaker card or your name. Please make your way to the podium. You'll have 3 minutes. Countdown timer will alert at the end of that period. We will take 12 speakers under item 14 if we have more than 12. The public comments are speakers on 14. The remaining speakers will be afforded the opportunity to speak on item 18 non agenda matters as you approach the podium, please state your name for the public record. If you choose to do so. The first public comment will be from Dwayne followed by Sarah than Omar. Certainly one moment. Lauren, can you help us do it? Turn actor or the overhead on please. >> Thank you. Kindly. >> Hello, my name is Duane de Wit. I'm from Roseland. Want to thank the city council members in the city manager for coming out to Roseland on Saturday. APRIL 20th Earth Day. They came to help us and what we call the Roseland neighborhood. And we had the city mayor. Natalie Rogers, our COUNCILMAN Eddie over us. We had MISS MacDonald and MISTER Stab plus Maraskeshia

Smith. It was a first 5 people from the city come on to help us in Roseland. It was wonderful. Big thank you to that. So right up here, I've got this little thing about how you can pause in nature because an Rosen, we still got some nature. We're trying to say that. And you notice that offense and it's a bench and they're made out of wood. You can save money by using natural services instead of all that plastic folks like and I wanted to show you something really nice from a park in another place. This is a park in a big city. And as you see that check this out. >> The trolley rolls right through that park. You wouldn't know that. That's a trolley lane. It's a beautiful place and they got a park like this. You can see that picture so well. But notice how many trees there are in that city park and what makes it exceptional is the trees have been so that people can see in there. And there's nobody just hanging out except back on the bench, which is hard to see right there. The same city has these types permeable, pavers. Look at that for water, smart situations. All of that right there is permeable. And what's really cool is notice those benches. Those benches are set up so people can sit there without haven't a big arm rest in the way and all kinds of other stuff. It's actually making it comfortable for the public. You folks got worry about saving some money. So I brought something from the

Wayback Machine. This is from 25 years ago. The son of a business magazine are than city manager talking about how to save Santa Rosa. 10 million dollars back in the day. You got to look into that article. He had some good things to say. I won't paraphrase you can find online which most folks do these days. But the bottom line of that as you don't have to spend expensively on certain things that you can basically get by doing things with tried and true methods from the past, including with water efficiency permeable, pavers, different ways to handle the rain that we do get. And I'll be back to talk with you more in the future because we'll be doing another Earth day out there and Rosalynn for next year. And I know you'll do downtown. Let's partner nothing but a good time. Thank you. Kindly. >> Thank you. The next speaker will be Sarah followed by Omar Ben Curtis. >> Hello, good. Good evening, everybody. I'm here to talk about the illicit massage businesses that have proliferated in the Midtown neighborhood of Santa Rosa, which is where I live. Near Memorial Hospital in Midtown. And in my daily life, I pass about 5 illicit massage businesses in my weekly life. Maybe 10. When I drive my daughter too high school down College Avenue, there's a handful when I walked my dog to Doyle Park, I pass too. When I walk over to the Proctor Terrace neighborhood where my parents live, I pass

too. When I look out my kitchen window, there is one within about 200 feet. My teenage daughter has watched suv pull to that illicit massage business. And seen 3 women household out by 2 men. With their heads down, not looking left or right. When I walked by businesses. I know that there are people inside who are there by force or coercion, and it is heartbreaking and terribly frustrating. Because you can look at one of these businesses and no in the clans in a split second, what it is. It's not a legitimate massage business. It has a neon sign. It has blacked out windows. It has operating hours that go in well into the evening into the night. So I just want to keep this at the forefront of the council's I know that Vice mayor staff was at the meeting at the library back in FEBRUARY. And that. Council Okrepkie and Councilmember Over Inc were at the public safety meeting in APRIL where this was addressed. I want to thank you so much for paying attention to this and urge you to use. All means that you have available to address I that that one silver lining of having my neighborhood so invented with these institutions is that I don't forget and I hope you won't either. Thank you. The next speaker will be o'Mara followed by Curtis. Then Lauren. >> Good afternoon. Mayor Rogers Council members and

staff. My name is Omar Lopez on the program associate a generation housing. The team an age greatly appreciates that during the budget hearings, majority of the council showed support for looking at impact fee relief. We were all so happy to hear. The city manager say minutes stop and start working on models for impact fee reform. We appreciate that you're pursuing right sizing impact fees and we look forward to continuing this conversation soon when the item returns for action. As you heard time and time again, waiting not an option thousands of Santa Rosa residents wait to find a safe and stable place, they can call home. Thank you for your ongoing leadership. >> Thank you. The next speaker will be Curtis followed by Lauren than tests. >> Yeah, good evening. I'm it is Curtis Thanks for having me. I also live in Midtown speak about the illicit massage business. Illicit massage. Businesses are associated organized crime. It's 150 billion dollar industry globally. 3rd only to counterfeiting and drug trafficking in terms of its criminal impact and it's occurring in Santa Rosa. About 119, a massage businesses in Santa Rosa. And according to the network, a nonprofit that studies human trafficking, they would suspect that several of those are engaged illegal activities. That includes human trafficking, forced labor, a commercial sex enterprises and so forth. So and if you don't think it impacts every one of us has a spouse. A daughter mom, sister, cetera. And have empathy for those people and understand that criminal activity is occurring in this

city. Did agree to which hasn't been fully quantified. But I urge you to address this issue because as one of the previous speaker said, the sheer number is inconsistent with the need for legitimate massage. And of course, that being said, I want to be clear that impacting the legitimate massage businesses, not the intent of addressing this issue. As you know, was presented at the APRIL 20rd meeting of the California Association, massage Therapist Council partnered a strategic partnerships with law enforcement to address the issue they've offered at no cost to work to you to provide model codes. Provide the road map to eradicate this problem in Santa Rosa. So I urge you to partner with them. Adopt the model code and very importantly to fund a overtime or by whatever means a chief Craig and the Santa Rosa pd deem to be appropriate fund. Their operation in get busy addressing this issue because again, the solution exists. It's no cost and it helped to reduce human suffering in this community. And and I appreciate the city manager said about making it a great place to live. So let's take it a step further and make sure that all citizens, even the marginalized folks have the opportunity to live free and healthy lives in Santa Rosa. >> Thank you. The next speaker will be Lauren followed by tests than Jake up. >> I also live in the midtown area. I purchased my home 3 years ago. Lived in Santa Rosa for about 10 years now. I have 2 daughters, 5, 8, After I

purchased my home. And my attention that them massage business. 80 feet away from me, which right next to my home. Is potentially an illicit establishment. The way that I discovered that is through concerned neighbors talking about it. A quick search online told me through different websites that is listed as offering sexual services. >> the windows are blacked out. There's a neon signs. They're open late at night and there a regular stream of male customers. In the 3 years that I've lived. And next to this establishment and I can be pretty nosy about these things. I've not one scene. A woman clientele walking in. But what I do see is a woman being escorted in by a They come together in a car. She only shows up for shifts being escorted by mail. I can't describe to the feelings that I grapple with. I'm personally and for my family. Also for my community. I was so concerned that I reached out to the police department. I spoke to Brunnstrom who is very compassionate and kind also been in contact with Santa Rosa Code very professional office. But unfortunately, they didn't have any kind of leverage to do anything aside from check this men out. See if there are up to code. They were very good with communicating with me. But at the end of the day, nothing

could be done it was not in their power. After attending the meeting in FEBRUARY, what I heard loud and clear is that we need an ordinance. We need ordinance that. Is powerful and appropriate that it hurts. Massage establishments are therapeutic and legitimate. And that also is culturally sensitive. But that takes care of this problem, which is really prolific is really and bedded in our community. So I ask us to be again, culturally sensitive and also to safeguard therapeutic massage, but also to really look into this problem and the ordinance is what we need. And we have the help of California massage Therapy Council. At our disposal. Thank you. Thank you. The next public comment will be from tests followed Bay. Jacob been Alina. >> Hi, Lou. City Council members of city staff local community members. My name is Tess Caldwell. Am a lifelong resident of Santa and I am here again for what must at least my doesn't time asking the city of Santa Rosa to join over 100 cities across the U.S. To sign a cease-fire resolution as it comes to the war currently being waged by Israel on the Gaza Strip. I wondered over the past 7 months since that I've come here on Tuesday evening's

asked for this why the request of over 100 different community members in person and even more. The requests have gone. Unheard. I realize that it is because the city of Santa Rosa maintains and investment portfolio that active leave benefits from the genocide being committed against Palestinians. The city of Santa Rosa maintains and investment portfolio that's valued at over a half a billion dollars. These investments include investments in General Dynamics, one of the biggest weapons manufacturers in the world that is currently supplying weapons machinery, aircraft, tanks to the Israeli army as they wage this war on innocent Palestinians in the Gaza Strip. The city of Santa Rosa also maintains investments and Lockheed Martin. Another one of the biggest weapons manufacturers in the world who is also supplying munitions, weapons and tools of mass destruction to the Israeli military. In addition, the city of Santa Rosa actively invest in Caterpillar, which is which is the vehicle construction company that is currently being used in the Gaza Strip to raise houses to the ground. And if you would like, you can see videos of Caterpillar tractors. >> Crushing Palestinians into this Orange issued of a body. In addition, the city maintains investments

companies like PepsiCo, which operate in steel land from Palestinians in the occupied territories that we call Israel. In addition to in the West Bank. And so it is now no surprise to me why you do not want to call for a cease-fire because the city actively benefits from the continuation of this genocide. We've been told that this isn't a local issue, but that is just a way to dissuade people from pointing the fingers back at you and your actions because your actions make every single resident of complicit in genocide. We are funding and benefiting from this genocide in the city Santa Rosa. So at the minimum pass a cease-fire resolution and then divest. Thank you. >> Thank you. The next speaker will be Jacob followed by Alina. Jacob, go ahead. >> Hi, good afternoon. It's a center of the city council members. My name is Jacob Rich. I'm a resident services manager at Burbank Housing. Residents. Services Department offers programs to our residents such as food, distributions, after-school programs and other programs on our properties. We also offer individual support to our help households that MAY be facing challenges among other things, we essentially were to create a safety net of services that helps our residents overcome challenges and live healthier, more prosperous lives. Working at Burbank housing have seen the difference that having rent be based on income income can making people's lives. Our residents often reported in our annual resident survey

that they appreciate the stability, safety and community that they have living in our affordable housing. We have very diverse residents that includes many people of color, disabled folks seen seniors, families and formerly homeless individuals. Many of these households would likely have a much more difficult time finding stability, safety and community that they do if they were not living in affordable housing. Also growing up in Sonoma County. It's obvious that as it has become more expensive to live here. People are complete increasingly being squeezed out leading to many people leaving the area struggling to keep up and even living on the streets to meet these challenges. Santa Rosa needs to prioritize creating more affordable housing. I urge you to be bold and making affordable housing a top priority and right-sizing impact fees. Thank you so much. >> Thank you. The next speaker will be Alina. Please go ahead. >> Hi, my is Alina. I'm to let you know that while we wait for the city to support a border wall, housing time has run out for kids like me. My family is moving out because houses cost too much. You're moving out of the country, leaving my friends and family behind Sonoma County is my home and I have to leave because families like us are being pushed aside instead of making us important. That's why I support generation housing policy that helps families Now. Thank you. >> Mayer that concludes the public comment card submitted on non agenda matters under

item 14. Thank you. We will now move back up to item which abstention by council members. >> So are there any abstentions that we need to take today? Seeing none. >> We will now. Back down to. >> 6 team which are public hearings for this evening. If I'm reading the room correctly, I think we which is going order. So 16.1 public Adams, a manager. Item 16.1 is a public hearing tax amendment to the Oakmont Plan. Development policy statement. >> MISS Cyrus. >> We do. We have the presentation first and then we'll take public comment after that. So if you can hold tight, just a minute, we'll do the presentation and then take public comment on this item. Thank you so much. And with that, we will continue with the presentation. >> Thank you. Good evening, mayor and council members. I'm Sheila Lawsky City planner with the planning and economic Development Department. The agenda item before you is a rezone application to amend planned development pd 6, 3, Dash, 0, 0, 1, Planned development also known as pd zoning has been approved throughout the city in various locations and subdivisions. The zoning code allows planned developments to be amended with the rezone application. A planned development policy statement typically allows for distinct land use permitting processes and development standards. Then the city's zoning code. The impetus for

this application is that this particular policy statement requires a city use permit application for all new uses, including accessory, uses a use permit application can be both an expensive and lengthy process and particularly onerous for uses, which are compatible with the person's general Plan. Land use designation that would otherwise be a compatible use. The applicants are requesting this amendment to reduce financial and regulatory barriers for compatible uses. The slide depicts the boundaries of planned development pd 6, 3 Dash, 0, 0, One highlighted in yellow. All properties are located in Oakmont senior living community and this pd includes most but not all of Oakmont. This slide is a project 2 notes Jen of the JANUARY. 26 meeting at months Burger Center was well attended with approximately 100 Oakmont residents in attendance and based on a showing of hands that appeared everyone in the room supported these amendments. The slide deals with amendments to the policy statement. First for the bulk of Oakmont land use permitting and development standards would default to the properties implementing zoning district based on the properties. General planned land use designation. Second, the Second Amendment deals with the types of uses that would be allowed by right from persons with the general plan to land use designation of parks and recreation. The section of the amended policy statement defines the types of outdoor recreational uses. That would be allowed by right to include sport courts community gardens and dog

parks. The purpose of this is to allow compatible. Outdoor recreation properties designated parks and recreation without the requirement of a conditional use permit. All these uses are consistent with the general plan, policies and goals for parks and recreation designated personals. For these parks and recreation designated persons. Most development standards would default to the implementing zoning district standards. However, the proposed policy statement defines 15 foot front side and rear setbacks. Further. The policy statement calls out the outdoor lighting is not permitted unless it is reviewed and approved through the city's applicable permitting process. The 4th bullet point for these parks and rec land-use parcels is that by right? Outdoor recreational uses shall not exceed 10,000 Square feet, except we're conversion is proposed and existing development of the same footprint. In a policy statement. Golf also provides a note that design review is required for all new structures and exterior modifications to existing structures where required by the city zoning code. The slide covers the map amendments to the plan development. The image at the top is the existing boundary map from 1963. As you can see, it's outdated and doesn't reflect the build-out of Oakmont. The proposed boundary map bottom left provides more clarity, including parcel lines as well as depicting the areas of Oakmont that are excluded from this particular

pd zoning district. The map depicted lower right reflects the personals with the General Plan Land use designation of parks and recreation. For the general plan analysis. The majority of properties in this plan development have a general plan land use designation of low density or very low density residential. This amendment would not change the general plan land use designations of any property. The slide lists some of the general plan goals and policies that are implemented by this project. These primarily address recreational goals and policies such as this first one which speaks to providing recreation and park facilities needed by various segments of the population, including specific age groups. Based on a review of the above goals and policies that is staff's position that they propose rezoning to mend this plan development is consistent with the general plan goals and policies. Additionally, the amendments would provide a more streamlined path for development of parks and recreation facilities on parcels designated parks and recreation, consistent with the general plan. The city's zoning code provides direction on amending planning, planned developments. One of which is to hear the matter before the planning Commission and council as a public hearing item, the Planning Commission unanimously approved the resolution recommending the council adopt these amendments. There are certain findings that must be made under the section which are listed on the slide for the first finding the proposed amendments would provide for compatible outdoor recreational land parcels with a general plan land use designation of parks and recreation without the

requirement of a use permit application. This implements a general plan goals on the previous slide, which encourage the provision of recreational facilities. Next future development projects in this plan development would continue to be subject to public interest health safety and convenience and welfare findings consistent with the zoning code and general plan land use designation. For the sequel. Finding will review this on the following slide for the last finding. The project is internally consistent with the zoning code because it implements the city's general plan. Under sequence Section 1, 5, 1, 8, 3, the proposed project has been found to be consistent with the Santa Rosa General Plan. Review of the project has revealed no significant environmental impacts which are peculiar to the parcel or to the project which were not addressed in the general plan. Ir nor there any new information that shows any environmental impacts will be more significant then as described in er? Any future developments, subject to discretionary entitlement will require sequel. Compliance in anticipation of any smaller converted facility is being constructed in the future. They could be exempt under the sequel guidelines section exemptions listed below on this slide, which generally address conversions of existing structures in construction of relatively small structures. It is recommended by the planning Commission and the Planning and Economic Development Department that the city council by a motion introduced an ordinance adopting a text amendment to the Oakland Plan

Development policy statement including modifications to one update the boundary maps to default to the city zoning code for land use permitting requirements consistent with the general Plan Land use designation and 3 established compatible by right uses with the parks and Recreation Land use designation. This concludes my presentation and the slide lists my contact information. I'm available for any questions and they public and from Oakmont Village Association and the board are in the audience as well. Thank you. Thank you very much for that presentation. Looking to council to see if there are any questions. >> we will now open the public hearing. MADAM City Clerk. Thank you. We are now taking public comments on item 16.1. If you're in the chamber would like to comment but have not yet provided a speaker card or your name. Please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please state your name for public record. If you choose to do so. The first public comment will be from. Iris. >> Can you hear me? I'm just Iris Harrell. I live in Oakmont. I have for 8 years. Happy to be in Santa Rosa. I wanted to start off by commending the you're department has been very helpful and month and helping us understand how to bring money into the 21st century. We were formulated in 1960. We obviously have some outdated material sitting in your city files and need to be updated. Even the map was an accurate only had about fun it. When we discovered this, we felt like

it was time to update it. We really appreciate your planning commission also for understanding the importance getting this updated because other was a you have to waste a lot of time over. Very simple, little frivolous things that could just go on without interrupting your time. Doing more more important things. >> Thank you, Anyone else in council chamber wishing to provide public comment on item 16.1, the text amendment to the Oakmont Plan Development policy statement. Mayors a movement to the podiums. There were no additional public comment card submitted. Thank you very much. Will now close the public hearing and bring it back to council to see if there are any final comments. >> Thank you very much, MADAM Thank you for the presentation. Just want to I appreciate this is a great way to bring a Oakmont into alignment with rest of the city center is without having to rezone every single parcel which would have been. A cumbersome massive undertaking. So I appreciate your effort here. And I think this a great way to go about it. >> Councilmember MacDonald. >> Thank you so much. I also want to thank staff for working with open mind Iris Terrell who just spoke as well as Crystal Anton, their general manager, and just to make sure that we're streamlining the process. And so that were considerate of the time that it takes for Oakmont. Actually pull simple things as opposed now the ability to do that quickly. So I do want to just a couple of statistics as 170 clubs in Oak want and on any given day, I think there was 96 that I was given this information that are active. And so just being able to allow them to, you know, work in their own

communities, they have a very competent board. And so I've been really lucky to be able to work with them as a representative. And I just want say thank you to all of you that works with our city staff so well to bring this forward to us today for our consideration. And I will be absolutely supporting this. >> And seeing no comments. Councilmember Fleming. >> Thank you, mayor and the cutest staff such a great presentation. Then clearly, you know, really good sign of a job well done on on land use issues is very few public comments or just a one or 2 that are supportive and never forget when in Coffey Park they they came forward and the person who is so unhappy said, you know, your staff did a great job and then said I didn't get what I wanted. But I felt listen to. And so you guys clearly did really great job. So with that, I'll bring a resolution of the council, the city of Santa Rosa approving revise Bennett Valley. Go >> Councilmember planning apologized Councilmember MacDonald's item. I apologize. It's ok, thank you. Councilmember MacDonald taken away. >> Thank you for that, hearty. Thank Councilmember for me. But I would like to introduce the ordinance entitled Ordinance of the Council of the City of Santa Rosa adopting a tax amendment. And to the Oakmont planned development pd 6, 3, Dash, 0, 0, One policy statement including modifications to one update the boundary maps to default to the city zoning code for land use permitting requirements consistent with the general plan land use

designation and 3 established compatible uses with the Parks and Recreation Land use designation. Final number are easy. 2, 3 Dash, 0, 0, 2 and wait for the reading of the tech second. >> We have a motion made by a council member MacDonald in a second by council member Alvarez. Are there any final comments before we take the vote, seeing none. MADAM Thank you. Councilmember Rogers is absent Councilmember Okrepkie. I Councilmember MacDonald. I Councilmember Fleming. Yes, Alright, vice Mayor stop. I Mayor Rogers. I'm but the records show with this past, the 6 affirmative votes with Councilmember Rogers. Absent. Thank you. And thank you very much for being here in that presentation. Will now move on to item 16.2, which is our second public hearing. For this evening. MADAM City manager item 16.2 job poll annexation rezoning. >> Staff could come to the table and introduce themselves for the record. Thank you. >> And when you're ready, you can proceed with the presentation. Thank you. Thank you. Mayor Rogers and members of the city COUNCILMAN Is to means. >> And I'm a senior planner and before is John Paul at annexation pre zoning located at 5, the 1, 7 Highway 12. This is a property at 5, 1, 7 highway 12. And currently an incorporated and its adjacent to properties that are within the city's limits. It's currently developed with to single-family dwellings on 3.1 acres. And the purpose of the

annexation is 15 city utilities us to serve the existing development on site. And at this time, no new development or construction is proposed. This is an view of project location. As you can see, it's right on the edge of town along. The and just give you a brief project history. The application was submitted to press on the property on SEPTEMBER 1920, 23 notice of application was mailed to surrounding property owners and tenants on NOVEMBER NOVEMBER. 10th 2023, the Planning Commission adopted a resolution recommending that the council introduced or the ordinance to prese on the property on APRIL. 11th 2024. And the general plan designation for the site and the site surrounding it is very low density residential. The request is to present the property to our which is rule residential and are our is implementing zoning district of the very low density residential John Plan land use designation. In staff request adding 2 combine districts. One is the our scenic Road combining district. This. Is apply properties highway toll from Calistoga Road to Oakmont and Highway 12 is a scenic road. That designation will require that any future development in here to additional development standards and also the addition of the rc Resilient City, combining district. This would bring property into alignment with the surrounding properties which also carry this combining district. The purpose of the rc combining district is intended to

facilitate the reconstruction and resilience of areas impacted by the Tubbs nuns and glass fires which this property did that suffer. In addition to exemptions apply to this project. One being 15, 301, existing facilities because it's currently developed with residences and accessory structures and doesn't involve any expansion of the use. The other is minor alterations. That would be my gut wrenching backfilling for sewer and water connections. But they are looking to accomplish with presenting and also 15, 3, 1, which applies annexations of existing facilities. And that is exactly the action that we are requesting. The council approved tonight. And in addition, 1, 5, 1, 8, 3, would also apply because the of the existing use is consistent with the general plan because they're requesting and soon is consistent with the general plan designation. There are no outstanding issues. Staff received one comment. I'm in opposition. From someone who is not able to attend in person his name is Barry Roberts. Robin sorry. And he wished to object to granting of this Knee Amendment. An ordinance due to concerns about septic tank. Leach field viability, toxicity and water access. So so the item before you today is up rezoning. There's development proposed any connections for utilities of still need to be obtained through an encroachment permit. Abandonment of septic tank or What happened? 3 permit Sonoma so. Those those items we would be addressed in future permits should occur. With that is recommended by the Planning Commission and the Planning and Economic

Development Department that the city council introduced ordinance to adopt up resigning to amend the zoning map for the property located at 5, 8, 1, 7, highway 12 to rural residential, scenic road, resilient City, also known as our 20 s rrc zoning district. Consistent with the very low density residential term plan land use designation. And for those in the audience and those watching at home, who's my contact information? Should you have any questions? The applicant representative is in the audience but does not have a presentation but is available. Should you have any questions? Thank you. Thank you very much for that presentation. Are there any questions from? >> Council? You have a question. All right. So we will now open the public hearing. MADAM City Clerk. Thank you. We are now taking public comments on item 16.2, if you're in the chamber and would like to comment but have not provided a speaker card or your name, please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please state your name for the record. If you choose to do so. They are. We received no public comment cards on the and I'm seeing no one approached the podiums for public comment on this item. Will now close the public hearing bring it back to council. And it does not look like there any comments. So I councilmember Alvarez to please make a motion. >> Thank you, MADAM Mayor. For the confusion over called the incident. Was an ordinance of the council, the city of Santa Rosa rezoning the property located at 5, 8, 1, 7 highway 12 to the rural residential scenic road, resilient City.

Our dash 20 s r dash, our c zoning district excesses, parcel number 0, 3, 1, dash, 0, 9, 0, Dash, 0, 4, 1, and x 2, 3, Dash, 0, 0, one and wave further reading of the text. >> We have a motion made by Councilmember Alvarez and a second by Vice Mayor Stapp looking at council to see if there are any more comments seeing none. MADAM City clerk, can you please call the vote? Certainly Councilmember Rogers is absent councilmember oca p I councilmember MacDonald. I Councilmember Fleming. Yes, councilmember over Vice Mayor. Stop. All right, Rogers, I let the record show this passes. The 6 affirmative votes and Councilmember Rogers absent. Thank you very much for the presentation and for your hard work on this. We will now move on to item 6 16.3, which is our last public hearing for this evening and I will hand it over. Tim Adams, City manager. Item 16.3 ordinance of the Council of the City of Santa Rosa adding Chapter 6 dash 20 of the Santa Rosa. City code. Tighter regulation of retail, tobacco sales authorize the city manager to negotiate and execute an agreement with the county for compliance, monitoring and enforcement. >> Good evening, mayor and council members. I'm assistant city manager and I am here to and item adding Chapter 6 dash 20, which is the regulation of tobacco, retail sales. So the purpose for us being here today and discussing this

particular relates to a request that came through the council goal setting session last year. Were asked to put together to back a retail license consistent with other organizations within the county in particular, we are asked to create a model that balance that was based off of one pedal and the city of Petaluma had recently adopted and put into place. In addition, we were asked to work with the county of Sonoma Department of Health Services on the crafting of that ordinance to ensure consistency, not only with had a limb is ordinance but other ordinances that were moved working their way through the approval process, including a recently the county of Sonoma. The reason we're we're asked to do this really was for the benefit of targeting youth sales. These are under age sales to individuals who are not properly age to acquire purchase or or consume tobacco products. And in doing We identified a series of right reasons and rationale. Tobacco sales other than just the legality of that made sense for us to create enhanced regulatory framework to begin to work Im, proving that condition where we're we're making it more difficult for youth to acquire and use tobacco products. This is we're not unusual within the state. As you can see, there's 226 other jurisdictions across the state that have implemented a program similar to the one that's being proposed to you today. And the Jason cr, the adjacent both to the North and the south of us have also partake establishing

tobacco retail licenses, Mendocino County, all but Fort Bragg have adopted a tobacco retail license and then to the south of us in Marin County, all agencies in Marin County have adopted a tobacco retail license. Within our own county. There are few jurisdictions that have yet to take the to move forward with this. The city of Santa Rosa City of Winter Park and the city of Cotati we presented this to you previously during a study session back in NOVEMBER of last year, and the request was to begin to move the needle for the city of Santa Rosa in an effort to align with those agencies that we're in the with a oriented type of tobacco retail license. Just a few pieces of Obviously, this involved a slow a quite a bit of research to better understand the rationale that concerned identified problem that we are attempting to solve. As I mentioned earlier, our primary focus was to address the use and acquisition our access to tobacco by youth. There've been a number of studies that have been put forward that how youths are obtaining and what percentage of youth are using. The Youth Tree Survey Force entered the city school show that they had a 10% of both middle and high school students who were using and 10% of 11th graders just in general, we did peak back in 2019 where we saw up to almost 30% by students in our area which which was a kind of spike for us. It has since declined. But the use of electronic smoking devices has

vastly exceeded the use of traditional cigarettes by our youth in this community. The tobacco retail license isn't the solution isn't the only solution here. And I want to just be clear that that what this product does is it gives us additional tools to begin addressing those businesses that choose to sell to youth illegally right now there are tools available. They aren't the strongest tools having a local ordinance gives us more strength, more power to be able to make at and support those changes through the types of penalties and enforcement actions will talk about later on. Unfortunately. And what you MAY hear from some of the participants in the room this evening is that when you're addressing the bad actor, when you're dressing those businesses that choose to not act within the current regulatory structure, other businesses who who are who do it properly, who follow the rules. Also have impacts relating to to their businesses and we'll get into that a little bit better. A little bit later. The other piece that I wanted to just highlight here is the tobacco retail license focus for you here does not impact online sales. And I think you'll also hear how online sales impact our local retailers as well. We are incorporating online sales from retailers within the city limits and and what they can and cannot do there. But we do not have a tool to address online sales for retailers that exist outside of the city limits. This in the next slide have have error in it. And I'll point that out

to you there were 2 pieces, one from the study session. We started to identify the key areas and topics that we needed to address determine how they relates to the goals that the council asked us to incorporate in the retail license. But in addition, it was how does it relate to the cannabis policies that we have in place? And so what you can see on this table as we're looking at the various components. Ball, cannabis retail sales are heavily regulated at the state level and currently tobacco is not as heavily regulated. We do. We thought that even though there are some imbalance here between these 2 actually starts to bring the 2 products to closer to an equal plane. The one slaw the one field here that's not accurately labeled is under the transfer of licensed under the tobacco product. It is a restricted you said not an unrestricted use and I apologize for that. It shows up on the next slide as well. What this slide provides you is when we started this process back in NOVEMBER, the study session column shows the room request and Direction Council asked us to prove have asked us to move forward. There are that we are recommending at this point for a number of different reasons and will be going through some of those again, the transfer of license on the proposed should restricted and we'll talk about that. But there are areas here that will walk through that are going to differ from what council had asked us. And we will explain that a little further into

each of those lights. Last week. We held to a meetings with tobacco We invited them participate in one or 2 of the meetings one is an in-person meeting and one was an online meeting. I'm in total. We had 15 retailers participate and provide us with really good, solid feedback about what this proposed would do for their businesses and how it might impact their business livelihood. Moving forward the key pieces that you'll see here primary areas of concern are the sale of electronic smoking devices and they did identify areas for consideration. That could be a hybrid or alteration to the current proposed language that would make this less onerous for their businesses. They also really want to focus in on increasing education, which obviously is not a component of this particular ordinance. And we've been we've we've started the conversation or or continuing the conversation with the County Department of Health Services on work that they're already doing with their with their coalition to try to improve communication to the students and the parents. There was a clearly expressed concern about jurisdictional equity, which I don't want to have heavily restricted ordinance here and then on the other side of the city county line on the other side of the street, they have unrestricted sales and we talked about what that meant for our county at this point in time with only Rohnert Park and cotati being outliers that would not have at this point could opt tobacco retail

license. And then, of course, as I mentioned early on the challenge we have with a focus point of council asking us to address youth acquisition and use use is it's really hard to pinpoint that through an ordinance and therefore, we are addressing tobacco use for more or less. All ages. And so that was an area of concern is for adults who are consenting are making their own personal choice. This does address how they utilize these products as well. And so they asked us to be considerate of that as we move forward. So with that, I'm going to start walking through the primary aspects of the ordinance and hit what we felt were the key or the key sections. The first is tobacco retail retailer eligibility. This describes who has the opportunity to acquire a tobacco retail license. We currently have 118 retailers listed in the city of Santa Rosa that are that are licensed by the state of California. And the intent is based on the feedback that we heard from council is to not reduce that as a function of this ordinance. Instantaneously and so what we've incorporated in here is a series of clauses that allow for existing retailers to exist in their current location as long as they're complying with other components of the ordinance. And that is an attempt to try to ensure the sustainability of the or of the businesses that are here and that are conducting their business and illegal and inappropriate way. Transfers within under this ordinance would be allowed. However, there are 2

components of transfers. One is grandfathering of the business and which really is proximity to a youth oriented area. If you are within the assigned buffer zone, you can remain as long as that transfer exists within the company or the corporation that owns the business itself. Arms-length transactions or transactions that are generally openly sold that doesn't prohibit those new retailers from being able to apply for a license. But those retailers would have to then complies to all of the conditions of the ordinance which MAY ultimately prohibit that specific location from being able to sell tobacco from that point on. And we do have some additional information if there's questions about some of the numbers of different road to proprietors, for example, we know the number of single ownership proprietors versus more corporate or llc type of proprietors as well. I spoke about youth oriented areas, youth oriented similar to the cannabis was an attempt to try to create a buffer zone between those areas with the sensitive receptors that we've been asked to try to address. We know that proximity has a tendency to result in access and use for folks that we're not interested and having that type we had spoken with you back in NOVEMBER about utilizing a 600 foot buffer during the conversation Council requested that 1000 foot buffer and we've pulled that back to and the reason being is this conforms with the cannabis ordinance that makes it easier for us to identify and relay consistency

of the way we're applying our code sections and how are applying these types of buffers to businesses that have potentially similar types of issues relating to It reduces the number of nonconforming use is, as I said, we were grandfathering in particular businesses that are that would be within that buffer zone. Those with ice debt with those would be licensed is nonconforming and it reduces those numbers but it does it does. When you look at the maps and I'll get to it does create the opportunity for corridors for more arterial and collector corridors to continue to see new licenses as properties turn over and new businesses have the opportunity to acquire a license. A youth oriented area is pretty much what it says. It is a an open park it is a recreation facility. It is. It is school both public and private. And so we've identified all of those in town to the best of our ability based on the records that we have. And so there could be ones that we might not have in our database and will look to make sure of this before we finalize this. But based on the information that we know this is what a youth oriented area is per our code section. When we look at a map that shows a 600 foot boundary, we have 40 retailers that would that would currently be as as a nonconforming use they're out of the and this will show you in Brown is the school sites

in Green are the park sites just to give you an idea of how this works. If we go further and look at the 1000 foot boundary we shift to about 52% of the retailers being in a nonconforming component. I do have all of the numbers. If you're interested by district of the number of retailers in your districts and I can answer that question later. If you need. The other component of this is flavored tobacco ban. Now the state has implemented sb 7.93, which was an attempt to restrict Henry and eliminate the ability for retailers to sell flavored tobacco and and I would say I think that's been to some extent successful with local retailers. The feedback that we're hearing, however, from municipalities in from organizations like the county of Sonoma is Department of Health Services is that's great for those who are actually behaving within the regulations and the laws of the state. It's those who are not. And and the the tools that we have available are not strong enough for us to really begin to make an impact to shift the behaviors of those who are not participating, inappropriate way. And so the purpose of incorporating this into our local ordinances to give us the tools to be able to provide an enhanced improved enforcement with higher in stricter penalties in that sense to try to ensure that we get compliance. Now I said higher in stricter penalties. That was also a

direction given by council as we want this to be forceful and heard when the time comes and all walk through those penalties and and law enforcement tools with you shortly. Again, I just want to be clear that the ordinance that we're proposing in this flavor ban reflects our ability to address our retailers and our community from an online perspective online retail sales our local ordinance isn't really going to benefit unless it is a local retailer that's attempting to put an online sales market from their store. A little bit more on that. I received a number of different pieces relating to studies done on s p c asp a 7.93 relating to the online sales and it's clear that that the component of California's law has not had the substantial impact on online sales and youth access to those products through online resources as the state would like. And so there's a number of programs in groups that are trying to figure out how at the state level we can further enhance that. I just wanted to make sure that I let you know, those were also in motion and hopefully we get some additional support as we move through this process from the state. The next section is electronic smoking I would based on the retailer meetings, this is probably the most challenging section of the ordinance our ordinance, more or less prohibits sale of electronic smoking devices, all parts and pieces. And I say more or less. It does not impact the cannabis industry. And there are certain products that the cannabis industry can

sell from an electronic smoking device standpoint. But they are very few far between and limited. And it's possible the county will tell me that when if they get a chance to come up tonight, I MAY have overstepped their. But there are a number of reasons for addressing this particular It is a product that youth are tending towards at very high rates. As we talked about earlier. At one point, we were at almost 30% in our high use and it was predominantly electronic smoking devices that were causing that electronic smoking devices na and the health benefits or or impacts to them are still in the process of being determined and what we're learning annually is the health detriment is starting to outweigh the health benefits with that said, I have heard stories and and in in our conversations with the tobacco retailers last week that there are legitimate reasons why electronic smoking devices are assisting individuals who are attempting to cease future use of tobacco products. Electronic smoking device in the e-cigarette are changing a little bit over the course of time. And there are particular products that we've included in our sars is a wide sweeping ordinance and bass and prohibits all electronic smoking devices from a tobacco retailer that includes products that and that incorporate cbd getting core parades, essential oils and other wellness type of electronic smoking devices that the retailers are currently selling I have asked

for consideration on. There are nicotine orient, electronic smoking devices that are authorized for sale by the fda it is authorized not approved. Staff da has not approved any electronic smoking devices or their parts and pieces at this point in time authorized means that it is allowed to be marketed and it's allowed to be marketed under a certain way. And so it's important to understand the difference between authorized and approved. There are some municipalities that have utilized the term approved. And based on the research that I've done in the research that the county has done, there are no approved products at this point in time. The fda is also starting to look at how they're going to and be more aggressive in their approach to manage the sale and use of electronic smoking devices. You can see that there's some points up here that they begin to issue fines at certain locations across the country. As I mentioned, there are a couple of jurisdictions that have done this differently and they've created some carve outs. So even though their ordinance establishes an all that all electronic smoking devices are prohibited, city of San Francisco has identified a therapy products that that are authorized for therapeutic use and they've authorized products that allow or incorporate McCAnn on medicinal cannabis. Alameda County has done something similar when when it comes to tobacco cessation products. And again, those devices that are used for cannabis. And so as I mentioned early the retailers and asked for some

with electronic smoking devices relating to fda authorized that incorporate non flavored clear or free materials that are that are utilized within the electronic smoking device cbd, as well as wellness products. Another component of the ordinance that we have in place right now that we're proposing right now is amendment minimum pack size and price again. When we think about trying to deviate youth from access and use whatever money they have in their pocket usually isn't as much as an I say usually and I have heard from the retailers that that that this will impact access as well. But the primary purpose here is. $10 minimum, both for for price seems to be a threshold that jurisdictions of found has a positive impact on youth access and little cigar perspective, which is really the minimum packs eyes. It also then establishes a minimum of a $10 price. Because the thing suggestion is a $2 per cigar or little cigars component in one packed with a minimum pack size of 5. And so that is the proposal that we have here in also says a full-size are would have a minimum price of $10. When I talked about enforcement and we we are we are proposing a very strongly worded and strongly and strong ordinance language here that includes some hefty fines for These are significantly more than some of our Kai neighboring agencies. But we were asked by counsel to take a very strict

approach. And so in working with our code enforcement team, we identified that that's the California business and professions code allows us to create the following fines that you see on the screen particular, as you're focusing on sales to minors. This gives us the tool at the strictest level. It would be applied to all violations with in the ordinance, not just those that are associated with sale to minors. But this would just become our baseline through this ordinance. From an enforcement perspective we're asking that the ordinance, the signs, the city manager to delegate and enforcement agent most of the municipalities that have recently adopted tobacco retail ordinances have contracted within a through an ammo. You with the county of Sonoma for them to provide the compliance checks and the initial enforcement action. Initial enforcement action really results in a recommendation that recommendation would come to the city's code enforcement team and the city's code enforcement team would take any punitive action or or insert any penalties there's a series of components that you saw in the prior slide relating anywhere from suspensions to actual fines to ultimately potential revocation of a license and the inability a retailer to reassure Eve a license reapply for a license into the future. Should they be found to be multiple violations over a five-year period? So our through this process will be that city manager enter into a Nemo. You with the county of

Sonoma assist in the collection of the fee as well as all of the in a initial checks initial enforcement. The information that was provided to me by the county. And if you ask, they can provide you with a lot more detail than I but what it shows is the outcomes from some of these tobacco retail licenses being put in place and what we're what demonstrates is for those organizations that implement a strong tobacco retail license. We do start to see a change in the student access and use and that's the critical component that we're really trying put into place here. And that's why we've presented the ordinance in the way that we have at this point. And it is the recommendation, the city manager's office that the council one hold a public hearing to discuss regulation of the tobacco retail sales to introduce an ordinance adding Chapter 6 dash 20 to the Santa Rosa City code titled Regulation of Tobacco, Retail Sells and 3 by motion authorize the city manager to negotiate an agreement with the county of Sonoma for compliance and monitoring and enforcement. And I'm here to answer any questions. I will also say other members of city from finance planning and economic development, code enforcement who are here. If you have detailed questions about their activities and also the county Summit Department of Health Services, their tobacco. Program is here as well. Should you have any questions? Little air? >> Out of abundance of caution after conferring with our legal counsel. I feel it is best recuse myself from the side because cannabis is being

discussed and am involved. The cannabis industry and the discussion has the potential to involve regulation when it comes to cannabis ordinances. >> Thank you. Assistant city manager. Not for that presentation. >> Are there any questions from council? Seeing councilmember MacDonald? >> Thank you. And thank you for the presentation. And for all the work that's gone into this and the collaboration between not just businesses to be able to hear back from them. But all the work for and that he also I appreciate that assistant city manager net a couple of the things that I did notice in year maps were the disparities of where the sales of tobacco are on your map. If I'm looking at the map correctly, it looks to me that the majority of the cells on on tobacco are in the South West region and the west side of Santa Rosa. Would that be correct? >> So I have identified them out, showed the location of license tobacco retailers today. And if you'd like, I'm happy to go ahead and describe for you, the number of retailers and each council district. >> I think that would be helpful. Thank you. When you pull up the map as you do that, please thank you. >> slide 12. >> All right. Thank you. Councilmember MacDonald. There are 23 retailers in district. One. There are 12 in district

2. There are 8 in district 3. There are 4.20, in district 4, 27 in District 5, 15 in district 6 and 13 in district 7. Thank you for that. >> Another question that I had was entry to these establishments. So my understanding and please correct me if I'm wrong, but entry into a can this establishment requires a driver's license to enter. Is that correct? >> I will have to defer that to a member planning development. It does. >> My understanding is that requires a driver's license that scanned upon entry into a cannabis industry. Is there any requirements to verify age such as that on it entering these establishments. >> know this ordinance does many of these establishments are not tobacco retailer. Only they lots of other services and uses and offerings within their within their business that that are a public to youth. >> So I think that goes back to our conversation that we had when we were talking about that hair out about the need for the buffer says specifically when it comes to use the regulations around that within the city of Santa Rosa and not being said because these establishments don't just have cannabis like a cannabis industry. Does, but it actually has lots of other things that you MAY be able to come in contact with. So I

know that the regulation and what you're proposing is 600 feet. I still like 1000 feet. But I understand that many of these businesses are already established. So I wouldn't be MAY be interested in changing that right So we could get grandfather some of these in. But I just want to make sure if we were to move forward with anything else said it wouldn't be in 1000 feet. That said I'm not interested in giving any more issues of tobacco retail licenses within the city of Santa Rosa. So we're at one 18. I'd like to do is proposal like we did for short-term rentals where we have 118. If there's violations and we revoke tobacco retail licenses, we would not continue to add more into the city of Santa Rosa. But is that part of this ordinance? Thank you, Councilmember MacDonald's and and I I will say through the mayor, I did neglect to Adus second component that we included >> in in the ordinance and as you can see when it comes to density restrictions that I show here, the intent was has been modified from the NOVEMBER. Study session to incorporate the lesser of 118, which is the current number of retailers in the city or a density of one per 2500 residents within the city. That is a similar organizations around us or other jurisdictions have incorporated a density. What that mask comes out to is there would be, in essence, a reduction in the number of new license since until the total number of licenses reached if

my math and recollection is about 72 would be the resulting total number of licenses allowed through attrition over the course of time. I'm comfortable without >> As far as is and what they have in the language in San Francisco and Alameda County, the banning of it unless it's for health or medical reasons. Is that part of this ordinance is well that we have that language included. I just want to ensure that that is part of that. >> We have we have not excluded any electronic smoking devices. All are included as part of the prohibition. >> I'm sorry. I'm not clear on that. They are included that they are prohibited for it is included that they're allowed. >> It is included that they are prohibited as are all tobacco products. >> ok, including the ones that are low allowable. As far as the 7 nicotine esd is. That's on Page 16, correct. Those are banned as well. Correct? Okay. Thank you. That's what I wanted to make sure. >> I'm fine with it. That's for health But I I still think if we just ban them completely would be >> safer for kids. We already know that when children start smoking and I would almost guarantee that those 30% that were smoking during the print pandemic, I still probably using nicotine and that the target of this for, you know, proposal, the trl is John actually save students from starting to smoke and become addicted to nicotine. And so I'm really happy that we're bringing this forward. I just wanted to make sure that some of kind of bigger items were

addressed. My last question is how did you come up with penalties are 600? I 1,1804 1000. What did how did you come up with that amount? >> Those amounts are specifically listed the code that I mentioned me now. I think it's on Page 19. The California business and Professions Code Section 2, 2, 9, 5, 8, subsection, a one Liss. How penalties list these penalties as a play couple for and for seeing sales to youth. >> So do we need to go by that code or could we increase the cost of a violation MR. Concerned about the 3rd violation. I still feel like that's week. They've already had 2 chances to rectify the issue or not. And the 3rd one is still only 1800, but the 4th one jumps 4,000. >> So we MAY adopt a penalties. As requested by counsel for this. This was recommended because we could point to and existing state code that gave U.S. Authority these penalties are quite a bit more than our counterpart agencies that have adopted tobacco retail licenses. So we would come out of the gate with this list of violations and penalties as very strong. I appreciate that. But I don't mind being a little stronger on this one, specifically with the 3rd violation >> if it's the will of the council, I propose that we just increase the 3rd violation to at least $2500. In my opinion. I think that they've had multiple opportunities to rectify the

situation. And and if they still have not, that of concern to me. And then the final thing. I'm fine with this amendment passed size and price. And that just goes back to research that was done specifically when we raise taxes on tobacco that we can see a decrease in youth use. So that's very hard to say. You see us, but I want to make sure that that is acknowledge that this is to deter specifically children from starting the use of nicotine I'm fine with this yeah, fine with that MAY think that pretty much wraps up all of my questions and comments on Thank you again to all your work on this. I really appreciate it. And it doesn't go unnoticed. How long this took to get Togethers. I appreciate it. >> Councilmember for me. >> Thank you, Mayor and thank you, MISTER Net for your presentation couple questions. Quite similar to Councilmember MacDonald. >> The first is why we're going to for violations that have 3 winning the city. It's common practice to a license after infractions. >> So are some of our existing codes have a four-step process. And so between that and then this state penalty structure we we we merge the 2. So that's how we came up with the four-step process. It's we have existing programs already in place that are 4 steps. >> Yeah, I just think about the amount of staff time that goes into this in the mountain view that would be getting their hands product. I would be in favor of considering 3 of the council. Felt comfortable with that. I don't

think we need to continue on with the retailer who is is not taking care of our community. Think for the retailers are that's that's a different matter. I'd fine with having the second infraction be a little bit higher. And the 3rd one I don't actually care about so much collecting the money has a moving the person on to a different line of of of more gainful employment but also collecting enough to cover the cost of code whatever legal issues MAY MAY arise. The other thing I was wondering, can ever watched the council meetings and that night that but I thought somewhat clear about not wanting to do transfers. And I'm you know, given that my district in district, 5 the districts with the highest density also have and then inordinate number of these, I'm wondering if there's any reason that we need to keep him here. This was simply a result of your conversations with industry folks. >> So that the transfers. >> Our >> really only allowed for internal corporate or family oriented transfers. If you sell the property or sell the business to a non corporation member then that new retailer will need to come apply for a new license. And All of the code sections must be complied with, which includes the buffer. And so so from that perspective, it would systematically shift. Retailers out of the buffer areas. If they are a new owner. Yeah. >> I would personally be more comfortable because I think a lot of these change hands within families are within corporations. That you know,

nobody really needs tobacco. At the end of the day, there are people who have issues and who are dependent upon it. But I don't think that and this is serving the the welfare of our community on any level. So I would prefer to ratchet them down over time. If somebody really does want to get the tobacco product, I I believe that they're going to get it. >> And so discuss will discuss that and more detail after questions because I will have more questions about your comment there. But I'd like to come back after we hear. Thank you. Thank you. >> All right. I do. You have I have few questions. Please bear with >> So pretty sure you probably already went over it. But just so I'm clear. What are the specific differences between the California new flavored tobacco laws and the >> ordinance that we are talking about today? >> It's not significantly different other than gives us the tool to utilize our local enforcement. Too change behaviors. And and I'm happy to department health services to come down 8. They know the 2 regulations better than I from the difference between the state and the the city's ordinance. But we are restricting all products that have either flavor or sensation. And I believe that's. Similar to the state. >> They are going to say something different than what you just said. I would love for them to come if not, they

don't have to to come. All right. They're going to clarify. Thank you. How this is tourist boat with the county of Sonoma? Can kind That's better. >> So the state is in effect, but they have recently had it change kind of ownership from district, or not district attorney, >> doj over to California Department of Public Health. So with that change came a few other changes that started out as being only a criminal offense. And now it's a civil offense, but they're fine. Structure is is different than what a locality can offer. If you're interested in higher fines, they're fine structures. $250 per violation. And it doesn't ramp-up ratchet up. They also don't have currently. They'll be ramping up this up and over couple of it will take them a couple years to actually start doing compliance visits. So currently there, there are no compliance visits occurring. And when they do, it will be about 7% of the retailers statewide. So that would mean very few visits within city of Santa Rosa. They do have very few exemptions to their flavor ban and this proposed ordinance scoops up those those exemptions. So they exempted premium cigars. You could get a flavored premium cigar according to the state down. They also exempted pipe loose-leaf pipe tobacco. And the was able to get who ca she shot this. What goes who that? That's also flavored is exempted. But so this proposed

ordinance does not exempt And I think I've hit on the differences. I think the main difference for you guys is that the fines and that there is no compliance component with the state flavor ban. They're really relying on localities to do all that compliance and localities typically don't have resources to do any of that. So they've turned to their own tobacco retail licenses to fund that compliance work. >> And I believe you, you answered this question. But will you have the ability to order prohibited items if this is to go through online. So instead of going to the corner store, if I-15, I can jurors ordered online and it's going to be delivered to my home. >> So it this ordinance prohibits online sales for retailers that have shop within the city of Santa Rosa. It prohibits deliveries from those retailers and it delivers in-store pickups of online orders. So it eliminates those retailers from being able to to have an online sales. But not for retailers that exist outside of the city. >> So you're saying that? >> Businesses that are that are local the brick and mortar businesses that are in many cases owned by people are residents that live here. Lose out on sales. >> You can just order online like they bubble gun video

game. Food. I mean, whatever they it is that they order. >> So that. So that's correct. We we do not have the tool to create a license at this point for general online retailers. However, we do have the ability to to establish a license for our businesses within the city. And this would in essence prohibit them from going around that the ordinance by establishing an online portal with which folks could purchase at the store through the store and then pick up or be delivered from the store. >> You you had a meeting with our our retailers. How is it that it is going to impact? I want to say their bottom line or how is it going to impact or our retailers? >> I don't want to speak directly for them. I think you'll hear from them this But they they all fairly unanimously stated that this will have a direct impact on their livelihood and ability to the type of business in the format that they've done it previously, that it's going to have an economic impact. As we stated during the study session we don't have a tool or a mechanism to be able to capture what the actual impact will be for city sales or retail. I'm sorry, sales tax, but we do know that that there is a systematic impact at the state level and it does trickle down to programs that are that received benefit from the tobacco industry. >> I don't smoke. So can you go to a grocery store like not

a corner store but can you go to grocery store buy cigarettes? >> Yes, there are grocery stores that sell and now with as a side note, while this doesn't prohibit grocery stores from selling cigarettes or other smoking devices, well, it does actually person looking to isis but doesn't prohibit them from selling cigarettes. Pharmacy prohibition does exist in this ordinance and we would be prohibiting pharmacies such as cvs or others from having tobacco sales at their location. >> But a large grocery store can so. But we want to come back. >> So the answer was not if not the grocery store has an embedded pharmacy within but is not taken so correct. And so I can. And I'm just a clarification. >> I can either ordered online are can pass a the corner store to go to a larger grocery store that does not have a pharmacy and cited it in. Still, I'm still 15 In still buy. >> Products know this. This ordinance applies to all tobacco retailers regardless their What if it doesn't apply to our online companies? So Amazon >> or ordering from Jewel directly or there are a number of outlets that you can purchase and have delivered to you. We don't have the tool to be able to to regulate those entities. >> Okay. And will Santa potential tro have jurisdictional equity was surrounding areas. I know will

have equity online retailers. In in answering that question. I would like to know where has more on that part in Cotati not looked at this item or did they not approve the item because those are the other 2 jurisdictions Santa Rosa that have not. >> Had Correct. >> Correct. And so I'm actually going to trees to come back up. And while she's doing that, all say that the ordinance that we're presenting to you is consistent with the ordinance that was amended by the county last week. It's consistent with the ordinance adopted by Petaluma Windsor and Sebastopol. And there are slight differences with the ordinance adopted by the city of Sonoma. And trees will correct me if I've. Stepped away her act to Healdsburg also has a tobacco retail license. There were the first to adopt 2015. I want to say. >> But there says they have limited So you're right. Rohnert Park and cotati do not have tobacco retail licenses. They have not considered them. Yeah, >> We have had early discussions with them. We believe there is interest there. So we'll working with them and supporting them. If there's interest there and then the city of Cloverdale has Muni code bans flay that, you know, it's an older immune mean municipal codes that are actually have a tobacco retail license. But we have made a presentation to another council committees. They seem interested there is interest all around. Thank you for that. And I think you said that retailers will not be

able to sell the items that are approved by the fda. That was in the presentation based on the current language in the ordinance. That's correct. All electronic smoking devices are prohibited for sale at a tobacco retailer. >> So in other jurisdictions that have adopted the trl. >> Have they seen a decrease? Tobacco use youth. Or is it too early to tell? It's it is. >> Too early to tell. We have rates dropping, for the most part, our data is lagging significantly. We've recently been able to have data from the youth truth surveys that are much more report on data. So we have 2024 data. So that that's kind of the best we have. And we've seen rates going down. But we, you know, to measure that by jurisdiction, we don't we don't have that You know, quite to be able to tie that to the tobacco retail But we do know that if kids can't buy it locally in. They don't have it's good. It means to get around and go from city to city or jurisdiction to jurisdiction to to buy >> correct me if I'm wrong. But what I heard is that some retailers are not following the rules. Correct? So we are penalizing all of the retailers. So is it possible for us to take the current state law additional enforcement in Healy's. As is. >> I would ask trees to help me with this one. I'm going to say that we can always with Summit County to increase our compliance checks. Bites. We

wouldn't have all of the tools at our disposal that are included in the ordinance to try to make that direct impact. But pass it to trees. >> Yeah, I mean that that hero provides the funding mechanism for the compliance is it's it's the service that's provided for the fee. Is the compliance visit. >> you be. >> Tobacco retail license policies are different up and down the state and have different components in them. And and this is considered a strong tobacco retail license as we watch them evolve over the last 10 years so yes, theoretically you can. You can have a I consider the tobacco retail lies license kind of the container that does the basics of paying for that visit and doing that enforcement when necessary. But within that container, you can have these various provisions. And like I said, they've they've really evolved over the years, too. Be responsive to what's being seen in the community and to really try and cut down youth use. And so that's why there are these various provisions. But certainly you can put in that Terrell bucket, whatever you as a council think is is needed or wanted in your community. >> And I think I have one more question in the no look to see if any other council members have questions. But our dispensaries able to steal. >> Any is d. Items. >> Yeah, they they can smell smells. It's like a lot late-night already been called they can sell electronic smoking devices with unflavored marijuana

cartridges and them. Yeah. >> Our ordinance as currently drafted would prohibit a tobacco retailer from selling the same product. >> I will bring up the word fair. Because I don't think that that's fair. So I want to bring up that that word because I can just I can get into a dispensary, if I can get someone else to go to a dispensary. Older brother, sister, whatever they can just go to a dispensary by the same item in that the other retailer Corner store, place that I buy. Eggs and cheese can't So it's still being sold within our community. >> I understand that. And that's why included in as part of the presentation as an item that's been brought up by the retailers that other jurisdictions have incorporated exemption while none of the jurisdictions in Marin and Sonoma County have incorporated that. It is there. There is precedent out there that would allow that and there is discrepancy between our cannabis ordinance and the proposed tobacco retail earnings. >> I think that completes all the questions that I have. I'm going to go to Cookie. >> Yeah, 2, 2, questions for One do we? Did. We do any outreach I just caught with the Middle Eastern community within Santa Rosa. >> I know she should. It is. And I'm assuming that's why it's carved out of California

is part of their their customs in their culture. It is culturally significant that we don't any outreach to them. I'm going to pass it over to trees. We talked about it briefly, but I know that there's been some work done by the county. >> We have not reached out to that communities specifically, but we also know that unlike other communities, for example, in Southern California where they have, who can she should bars. Tends to be in university town. So I don't know how culturally specific that is. But we don't have any hookah bars here in the county. So again, it's not saying not not selling. She shed all it's the flavored. She showed that is. Being proposed to be prohibited. >> I mean, I understand the college town. And do, but at the same time, there are certain things that are banned to the general public that are culturally significant. Some communities except for that having lived in a in an area with heavy, a Native American population. Is one of those things that the Native American indigenous community can get access to it for their religious and cultural reasons. But the general public cannot. So that is one thing that the last thing I want to do is impinge on a specific cultures. I'm Corey significant practices unnecessarily moving on from in reading the interaction of the ordinance. I can't help but notice the authorize the city manager portion to work with the county of Sonoma for monitoring enforcement. I am I correct in assuming that the city of Santa Rosa themselves

ourselves would do no enforcement and it would be through the county of Sonoma or do we expect our our employees to do that through code enforcement. Thank you for that The county, the agreement with the county would actually be for the compliance monitoring. And for the initial conversation. >> Part of the enforcement with the retailers, our Code Enforcement team will take on any structured violation or actual enforcement actions. At this point in time. It is a stretch on the current based on the feedback that we've heard from the county, there are. It's not at this point. A significant number of violations that they're seeing in other we've spoken with code enforcement and I our code enforcement team is in the room. If you'd likely to bring them down and you can speak with them directly there, they believe given policy that we've put out, if the county has agreements to conduct the compliance checks, they believe that we will likely be ok, staffing wise and to be able to write, prepare an issue. Any violation notices and penalties that come with those violation of With violation notices. Would that be proactive enforcement or reactive? Those are reactive enforcement. The proactive enforcement is the work of county would do under the agreement with them. So we will be relying on the general public to report it retailer selling something. We would hope that our compliance checks are able to as as much of that as we can. But but yes, currently do all of this? Well, not all of that in a reactive mode. I believe the

county does have routine compliance inspections throughout the city. This would enhance their presence and it would make it more routine. Then the work that they're currently by it it's would fall to our code enforcement team to actually. Finalize an enforcement action. Okay. Just to confirm you believe there's the bandwidth within code enforcement currently with everything else going on, that they would be able to do that. You know, you know, the teams in the room, if I say yes, they're going to look at me But the conversations that we've had is this compounds. This does compound a number of ordinances that code enforcement has currently been asked to incorporate into their current staffing and that's the conversation had gave him a let him take it from there. Good evening, Mayor. Vice mayor members of council gave director of planning and not come and I really appreciate the question. >> In this particular case, since we're dealing with 118 operators that would potentially reduce that's potentially a caseload of 118. We don't necessarily look at that that Because most businesses operate within the confines of the code. So we typically look at a 10 to 15% enforcement rate on that. Our team right now does invest some level of effort into enforcement on those because there can be complaints that are co driven. And we check those. So I do think it is important to note that capacity does exist for these types of activities. But depending on the workload, the peaks and valleys, it will impact other operations. And I think it's a very important to note our team is defined by the number of fte that we have. So as we add more to that they potentially can be impacts top of those operations moving forward. But based on general projections

in this area, we're not anticipating a huge workload long-term. There often isn't up front. And then it's a maintenance mode. That's a little easier to maintain. And I just had you the ordinance itself and a license that we're asking to be implemented would be collected. It would be structured and collected by the county to cover County costs. It would not be bifurcated between the county and the city. The city would recover costs through the enforcement action as far as the penalty. So the penalty would be collected specifically by the city. And that's how we would recover costs of our law enforcement action just wanted to make sure because, you know, we've had many discussions about the capacity of the team but this particular license, the way it's currently structured will not be collected by the city and will not be able to offset. Team costs that we've in court heard by city staff. So can versus what I'd be able would be accurate, assuming that code enforcement was called out to abc Store for the sign something and they were not. We cannot recover those costs. If there's not a final tribute to it. At this time. That's correct. Okay. Thank you. >> Comes from performing. Yes, I have a follow-up to the mayor's question about the delta between cannabis retailers and tobacco, real retailers. Is there any specific reason why we could bring our cannabis retailers in alignment with our tobacco retailers? >> That would require reopening the discussion around the tobacco or that side. The cannabis ordinance.

Obviously we have the we we have the ability to do that. Whether we have to come past the to do that is another question that would likely be a fairly significant effort to undertake opening the cannabis ordinance. I do understand that if we reopen the cannabis ordinance, but it isn't there. I mean, every time we amend an ordinance, we don't reopen it. >> We we just change things over time. So I'm not sure that that actually like to hear from the city attorney if we have to reopen the cannabis ordinance to make a change or if we could just say shall no longer be able to sell these items. >> We would need to the ordinance and we'd have to go take a look at that. It could be done as part of this. This structure. You could do it in one step that we would need to come back and bring it to you in order to introduce an ordinance so it could be done. There are separate provisions of the code that we would need to make sure that we don't end up with a municipal code where we have you MAY in section and you MAY not in another section, but it's an exercise in drafting. >> But it doesn't require opening in reassessing the whole document. There's late being going directly into my face we we could just change that one item without going through a whole protracted process. You you could direct us to come back with another to reintroduce this introduce this ordinance and we would have other provisions. >> In this ordinance where

we're surgically changing parts of your cannabis ordinance is there are different sections of the municipal code it so the that you end up introducing will be a little bit longer because we would have to make some surgical changes to those provisions as well. But how much of that ordinance you ultimately change that's on the books is is certainly your prerogative of minutes. >> ok, thank you that that. Answers my question. >> All right. And I do not see any other questions or comments. Councilmember MacDonald, thank you. Last time we had heard about this subject, we did have some students that were part of a group that came in and showed how many devices and how many times they were able to buy tobacco illegally in the city of Santa Rosa. And it was quite significant. They had a bag of >> actual tobacco device using devices. So I'm just curious because you're saying that code enforcement really doesn't quite have the capacity to be able to enforce these things. But don't we have other groups within the city that actually go out and do the work and then can help support the work of the city at by letting us know what they're finding. >> So thank Yes, and that's where the agreement with the county comes in. The county would actually be are proactive arm doing compliance checks. Checking with retailers looking behind counters and back rooms, making sure that the products that are being sold comply with with ordinance and that would be the primary tool. The other is there a number of other groups that are trying to see these types of

ordinances be put in place and they're going to in and of themselves be attempting to proactively go and evaluate businesses and then they will let us know. And to councilmember a pro-peace point, that's the re active component. They're not. They're not part of our proactive measures. They're part of the community and they would notice us and then we would respond to those. So, yes, I think like we're seeing with a lot of other ordinances, there's their eyes and ears throughout the community that will pick up this particular program is something that they feel or take personal interest in and they'll let us know when they feel that their violations I think we already get those types of emails from individuals or phone calls and this will encourage more to do to do that. >> All right. Are there any other? >> question questions from count go any other questions from council members. >> Seeing none. >> Are you guys ok with like taking like a quick break? All right. We're going to take a quick 10 minute break. I'm so sorry. I know you guys have been here for a long time. So we're going to take a quick 10 minute break. And we're going to get to all the public comments. >> We'll be back at 70 40. >> Thank you. For the sake of time. I'm going to ask that everyone, please take your seats and we will continue with the meeting. Seeing a MADAM City clerk, MAY you please call the roll? Thank you. Mayor Councilmember Rogers is absent councilmember

Okrepkie here. >> Councilmember MacDonald, Councilmember Fleming here, Council member France's Rick currently recused. Vice mayor stop here. Mayor Rogers, PRESIDENT, let the record show that all council members are present with the exception of Councilmember Rogers. >> Thank you. And we will continue with item 16.3, which is our last public hearing for the evening. And with that, I will now open public. The public hearing. MADAM City Clerk me police facilitate public comment on this item. Thank you. We're now taking public comment 16.3. If you're in the chamber and would like to comment but have not provided a speaker card or your name, please make your way to the podium. You have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please state your name for the record. If you choose to do so. Please know we have been notified that there will be public comments provided in Spanish and deputy city Clerk Bulla will be prepared to move interpreter over to the main channel to provide services at the time. The Spanish public comments starts. The timer will be ran through 2 times to accommodate interpretation. So a Spanish public comments will total to 6 minutes. MADAM. MADAM City Clerk, we're going to go with 2 minute public comment. I apologized. Thank you. One Deputy city clerk. Can you please change to the 2 minute timers like? Thank you. The first public comment will be from life followed by then Rougned. Pete. Please go

ahead. >> Good Evening. Council. Good Evening Council. My name is like the Young and the committee advocacy director for the American Heart Association and I have been working on tobacco, retail licenses and local cities and counties for the last 5 years. These policies aren't new. These policies are a business license. You have an offer from the county to do proper checks for you. That's more than most cities receive. They'll be able to visit all of your or all of your all 118 and let you know who need to be followed up with for a violation by code enforcement. This is a pretty good deal. And seems to be a very effective pathway. Retailers will always ask for exemptions that asked for delays the U.S. For weaker Many of these same folks in the room team with you tonight are with me in Sonoma County asking for a week or policy asking for a delay. It sounds like you've had a lot of time to meet with I was not aware of any public health forms that were held in would encourage process in the future. I want to highlight a few things based on council discussion. This policy will not cheddar business doors. I worked on these ordinances again for 5 years. And at some point you have to ask yourself retirement plans should depend on profiting from addiction or if a business license with appropriate penalties for violations is a reasonable solution for a product that kills its users. Online sales are not the primary for youth access. You already have a plan to restrict local stories to brick and mortar location. Sales and online deliveries are verified with id checks, much like wine, which I'm sure you're all familiar with the

region. I urge you to include all flavors, all products without exemption. She sure can be ordered online and sign for if needed lobby lobbied really hard and they were successful. The state is not the local standard and he's not the best practice. Ask you to follow your leaders like the city of Petaluma and adopt the strongest hero possible. I also ask that you consider your finds to be civil and administrative and ensure that there are no misdemeanors or infractions for your penalties. Thank Thank you. The next speaker will be follow Bay terror rune and then come all. >> Menu. And if we can, please use both The mikes. So if you're up next, if you can go. >> Good afternoon Council members. I am testifying in Apple. You shouldn't do. To back. Cody did license. Ideas that would ban but reduction send out. It as sponsor. What do know and concern member the community, I believe that such a would have adverse effects on public had no good businesses. Over on that fund come and gone to more would the proposed ban would have a significant financial impact? >> On guns you what that affect high prices? That already high inflation would go Consumers. Unfortunately, this would likely need them to do about it is it might get bored. Ups on put questioning, but windy and the safety as that the segment goods do not verify consumers. I don't that he do that. But you use these products can much to that. Used model week ended with gun. Do you, Stu? I has these on And I'm you did guys action up. But I'm saying that. But if you got sponsor, but he

didn't is night myself who've endured that consumers. I doubt that he and law enforcement. >> It just to share to concede. I'm independent consumer ounces of products. >> Instead of addressing concerns surrounding access and use age. And that only it problems by driving Good under the now and that implementing got good. Then we should focus on company has and inforcement programs that GOD did authorize sources on these products by doing so we can effectively address that issue off and it use age by presenting that ice shelf. Ponzi been an guns. You much thank >> Thank you. The next speaker will be excuse me to ruin, followed by come all then 2 >> Good evening, everyone. My name is and I'm a local retailer. X's of everything is bad example, sugar, tobacco by putting a man on e-cigarettes for small business. Really good leverage. Storm winds, hail from Amazon and especially now that is directly from the manufacturer. As local retailer we tobacco regulations in future for policymakers can propose a ban It doesn't mean that be candy sales will be bad. So is not too bad on e-cigarette educator comedy. Our exes Thank you. >> Thank you. The next speaker will become all followed by sugar on said tender. >> I would even everybody this is common. I started business 14 years back. And then I had

to say love was 65% my was sitting next. It is already going on 15, 16. 0, whatever tobacco less than 5% morning sun. It says they will maybe one button and still a year for anybody. That to me that to happen. I don't think it is winning anything or think people buy tickets online or getting smothered for other parts of other states people attending from That is not wonder if do impose coupon overtime. Thank you. >> Thank you. The next speaker will be shut on Bice a tender than Gene. Chacon. So tender. Jeanne. >> I will mayor and council members. Being retailer for 20 years center of the city. I agree with my previous speakers with this said I ask as you heard that you had your questions. There was a lot of in We would like read it was sitting here meeting with MISTER. Not that he has already had one on Monday, but none those are the dealers knew that in the council meeting go at So we would real state Colin, Gray We are all buying from to b, do not them. Big questions heart them, educate them. Next part is in representation. I saw. Everything is that is going to negatively impact the retailer. There's nothing about due education. All that being said, uk all these guys sitting Scott, them, Hu they have all items available to pick up small, do what they want. >> None of them smoke that

kids education from home that stops, which missing here. We need to work together to stop disbanding flavors of this. That's not going help. They will get illegally from somewhere. So my question is a game. A to please have MISTER Not meet with the retailers again, not going we need to be done one-on-one. Big really is out and make a better city and you just don't get new tobacco. That's made a quest to you. Allow Thank you. Thank you. The next speaker will be tender followed by Jeanne Harman. Years. The tender. Thank you. You didn't identify yourself. It shook on in the room. Okay. How about Gene? Thank Hanging. >> Good evening. My name is Jean Kerns. I'm a Santa Rosa resident and represented by Vice mayor stat. I am here today as representative of the of the American Heart Association. But more importantly, as a mom. The ordinance before you today with further protect you from tobacco access, the tobacco industry must replace the declining population of users with young people to continue to profit. Make no mistake our communities, you are in its sights. The industry would love to frame this policy is one contrary to small businesses that if this policy passes, businesses will close. No one in this room would be foolish enough to suggest anything other than the fact that nicotine in tobacco products killed. The science has been proven over decades

and is undeniable. If the success or failure of your entire business is predicated on the sale of a toxic poisonous substance and that business model requires deep examination and change when we know better. We have an obligation to do better. And we all know that nicotine in tobacco products kill. We should do everything within our power to regulate the sale of these products to prevent youth from accessing them. There are 16,000 students in Sonoma County. The minimum that can be done is establish a business license to sell a deadly product. Retailers that are following the rules won't have any problems. Mayor council members and especially vice mayor staff is your constituent. I asked today that you stand strong and match the standards of Petaluma and other Sonoma County jurisdictions who are following the best practices for tobacco control. Thank you. Thank you. The next speaker will be Harman followed by the crime. Then William. >> Hello, good evening. My name is Harmon. Rogers, vice mayor and effective council members. As my colleagues. And yes, can. All right. As my colleagues touched a. >> There's a little raise. I'm sorry. You can raise it, raised it at and we can start your time all over if that helps. But you can raise that perfect. Thank you. Can hear Okay. Perfect. So as I was saying as my colleagues plan pointed out, there's a lot of gray area in this trl. >> And 2 minutes is not enough time for me to why this affects businesses negatively.

But I will say if we're trying to stop you from smoking and we're trying to cancel smoking. We don't think this is the right way. How many times have you guys going to the mall and it's not like used to back in the day. How it super packed, right? Everyone does their shopping. Everything happens online. We've seen this with, you know, Black Friday. We've seen this with, you know, Christmas shopping. We see this everywhere. We've seen it. We see in our retail stores during holidays. You know, people buy everything online. Kids have access to buying stuff online. And as we've seen is trl. As mayor. Just pointed out. They can bypass brick and mortar stores like us and go straight to manufacturer themselves and have their product delivered to their door. We can go on Amazon and you can order that you have a delivered to your door. Why are we not focusing on that? Why we going after small business owners who are literally staying afloat. I mean, minimum wage is going up there. So much stuff that's happening that we did. This is a very regulated business in general. We we're we're in a very regulated industry. Throwing this trl on this will just make it even harder for us to what do I get a day lives. So all I ask is that we have a stakeholder meeting. We would like to be more engaged in this as we have not been has not been really that great outreach from from the city. If I'm being honest, yes, there was a meeting last Monday, but even the retailers over there were not told that there was going to meeting today. A lot of us literally found out yesterday. And, you know, can't just come last minute as a lot of U.S. Retailers have. But there's a lot there are missing and we're talking on behalf of them. So we just ask that we have is to call the meeting

and we get together and find resolutions, whether it's parents, students it is. We want to come up with solutions. Thank you. >> Thank you. The next speaker will be the grim followed by William. Then j p. The crime. Are you in the room? We'll move on to William. Go ahead. Thank you. Council. It was William Minds. The father 6 children, 5 grandkids. Now all my children or adults. >> Tobacco's responsibility of parents to teach their kids. I run a business. There are plenty of things that are dangerous to our children. Flavored alcohol still, but all the retailers are trusted to check their id's all the sudden the tobacco stores have come illegally dumped on as the legal means. But it's not the truth. Avenue, a provision to the children is their own families. Mothers, fathers, brothers, sisters, cousins, that's not being addressed at all of this license. What's being addressed is law abiding stores that are actually breaking the law. We're the ones that are going to be affected. The first band from the state of California cost us those store. I run to employees as well as a cut in time. No, we're not making our buck on vices, but that is kind of how life works. Sometimes I'll call voices are loud. Weve ices are allowed some of what you guys are banning are actually we devices. We chargers are on that list. Top 3 killers of our children in this United

States now currently is actually an intentional accidents. Number one, homicide and suicide. So top 3 killers tobacco's not even on list of percentages killing him. Vaping 2800 reported ev a des is according to the cdc. Only 68 of those are deaths as of 2019 still missing some of the years. But that's over a ten-year period. I don't seem to understand why one avenue is the only avenue being approached. Like the retailers here just said I agree with them. There's so much gray area and lack of education in all these bands, according to the product that you're banding, that you're banning stuff, you don't even intend to band. Offer a license. You what you need to gain revenue want to make sure that license people. But that doesn't mean than more products. The state to >> Thank you. Be crumbling. Thank you to the crime return to the chamber. >> If not, we'll move on to jp followed by Michelle than Carmen. >> This is a champ easing. Has a lot of retailers and my friends already star on the points You all line was is tale. We know that, you know, the millennial and Gen z's and unwise, any percent of those, you know, they shop online and only the baby boomers and the people who actually go to stores, our owner and and we are we are we are banning these things from the details stores where we already checking id's making sure that we are >> abiding all laws and, you tools and nothing gets a

little too many under age are minors. But we're not being as MISTER Jason already mentioned. They don't have enough tools to measure or to control online things, though, I don't I don't see the need to rush this ordinance because we were in the that MISTER Jansen last time and in his presentation us all that what policy Taylor's. But none of the parents were there. You know, so it you know, we would like to have a meeting with the, you know, MISTER Jason and also we would like and why the painters were concerned. I'm up and off, you know, 2 daughters Anderson, so and if I can turn, as for my business, you know, outside my daughters and you know, Mike is not going to doing the same thing like, you know, 15 years from now, you know, has been hundreds of thousands of dollars in this business. And my value goes down. If I can even count for the license of this. And I I don't see any point if it's affecting the you if I can with a license, you know, and there's a so much imbalance between the his diction, this district and the county. And then, you know, the city limits. There's a store out of the city limit. People can go that unbiased off. But you can't buy it from this door and customers know that and we lose the sales. The figures are not the only things we sell in the store. There's other things that get impacted. And, you know, we needed a good said downtime and 2 minutes is not enough because there's a lot of concerns. So we would like to sit down with the parents and, you and find best solution about it. Thank you. >> Thank you. The next speaker will be Michelle followed by Carmen than Irene. Michelle,

Go ahead. Thank you. >> Mayor Rogers council members. Good evening. I'm Michelle Escobar. McGarry. I'm a resident of Santa Rosa District. 5. I'm currently working you in Santa Rosa. Providing Fabian station services for middle and high school students who have been caught with nicotine and cbd. Vaping products at school working closely with these young people has offered me the opportunity to hear directly from them as to where they are obtaining these products. I can report that they have been told. That most of them are supplied these addictive products and by their peers. While their peers in have had. But these baits in the 6 from neighborhood stores. And it was reported as well as I said, that cbd products, our freedom only buy at these stores without being asked for an I d this is just my One point, I believe that cbd products should regulated and sold at dispensaries. Only. Not the corner stores where others by aig's milk and eggs at I'm not about regulating Dole's because it's not our business. To regulate anything that adults to their business within the law. Of course. But I would like to say that are using and what they do is our business and our communities business as

well. And as a lot of retailers have said, they've always put it on the fault of parents. Well, these products are being sold that they're stored. Thank you very much. >> Thank you. The next speaker will be Carmen followed by Irene. The know Amy. What a Rhonda, can you please move over the interpreter? Not actively translating on the Spanish channel to public comment in Spanish on the main channel. Please. >> Aapl. I'm going to be bringing you back. Spanish channel. >> Pablo, are you ready to translate or interpret? If somebody go ahead vote. Thank you, Carmen. >> Members can that some thought was us. And that was a numbers coming to >> Good evening, Council members. My name is common for us. >> Disagree with that. Of the some of the local media. >> I m e health promoters here in this community. >> You know, we want confirm this that don't. >> And I live in that 5th district. >> then going to sink one is really in and >> And I have 25 years living in Sonoma County. >> As men got a present >> This evening, I'm here to represent. >> I don't cbn. You keep that. >> To in Rosen. >> So that is the PRESIDENT Of this difficult >> And I am the vice PRESIDENT Of this community. >> they're coming

>> As a community leader. >> on up that. >> I have had the opportunity. But this To participate, that's a move that the company >> As a promoter for health here in the community. >> But on the left on them During the pandemic. The thing when a pickup And I do have a concern. Chemical meant coming company that's that my community will be affected. One of unit to go. >> By the use e-cigarettes in the circle went through. Those are debacle. The tobacco industry. And that's moment that intentionally and 77. Commercializes. Think their products, but I thought I home in this to attract the youth. And says for in their efforts the month. And there's still more than that and to maintain their model, I'm coming to see Their commercial. Yes. What is in that sense and to secure? Their earnings? On Be Today, ask of you. Going to the most most of the that we find a solution. I's the to this problem. But I think it's just going nuts. So that argues. For will be young. Really in future here. But most Prosperous as well as healthy. But I suspect that Thank you for your attention. >> Thank you. The next speaker will be Irene followed by know him even Kristen. But as much >> number even if it on the plan, they we need

>> name is Irene. Perez. >> The one that this state going to come, though, this a moment. >> I learn live in the 3rd district in Sonoma County. >> Yeah. Maybe they could bring that >> I lived there for 20 years. >> Do react? Met up with him to come home either. They will not do same >> I'm here and I'm representing myself as a mother, adolescent. >> Is a that I think Kak tournament. This is and then through going >> That is concerned with the situation that our youth is currently living through. >> Get 11 that they do see every us in obvious. Ask in my time at the walls. >> Now that the sale of e-cigarettes are more attractive every time. >> And about Bill Bennett, in this act on. Then a memo that any of that. >> This is becoming modality for some of the use. >> city good evening, all supporting it is win thing. >> ease in which they can acquire these products online. Morning. >> this I won't get my little somebody that this. >> Now I'm calling out urgently to all the authorities. >> But I get when I do that implement that I would assume his message to best whatever he and >> To help implement regulations that are more strict. For us to be more vigilant. >> most important school Fiona's from fact that come before me that on 30 that this. >> Let's not lose time and having many long discussions. Let's get straight to work with the authorities. >> It's part of lesson move in the holes in foot total, which best gift. >> It's for the health of our children in the future. Thank you so much. >> Thank you. The next speaker will be no ammy followed by

can't. Kristen, then Jill. >> that city clerk and city at ahead at the of most is political unit at. >> Good evening, everybody here and in the Good evening to all the business owners and all the youths and everyone present. >> But that is going to become Are you? >> I belong to a community group. >> most most common is that even the >> always advocate for all the youth and the kids. >> Is the mowing and minuses would last. And fact you know that this is what is. >> And we have started to see issues appear in schools and parks in now 3 be reaching our homes. >> 11 thing again, together, you select >> illegal sales of e-cigarettes. >> covid To the Is this. He got a new look. Don't go someone to know what I going >> This electronic cigarette is poison to our use. >> The could be Now that it contains nicotine made that it's out of way Heavy metals like lead. Some it is buy And we're concerned women. Dickinson, also people. >> That it's a powerful additive. >> I think that is several years in stables. >> That affects or fetal development. >> Yes, no or little soreness. >> Use development as well. >> Getting up those kind of support you need that. >> Now we ask that you all join us with this proposal. >> But I going be in that. >> To have regulations within

the stores. >> So you it What do you call somebody saying thing going? >> I'm a mother of 4 teens and I have a grandchild. >> You know that about this a bit of a minute some silent. >> And that will not participate in the poisoning. >> think you do not want to sign a peace and well-being. >> Because they want or they need a. Safe and healthy youth. >> don't get the local supple. Union disappoints died in those Middle System. In getting us all. They don't like where game. This be. Middle. You can get by that. Is he doing I an Eagles? Yes, was double-double. We'll see impediments But just thinking most, yes, some of I didn't think that asking poses. >> And I know here I ask you, that's you support us. And to all the business owners here, we understand your income. But we're all parents. You know, we all have children, most of us, and we don't want a great future for them. Because it's them that will be sick. >> So you didn't have a gun >> We will continue advocating for. >> And and be >> In all entities. >> But unless a move. For a health, people don't know he can do when nobody knows when one is in a and for good oxygen. 4. Our kids lives. You noticed. >> Thank you. The next speaker will be Kristen followed by Jill and break. Kristen, Go ahead. >> Good evening. My name is Kristen Cole Grove. I have been a resident of Santa Rosa for 42 years. I'm a mother of 2 grown children. The daughter of a former smoker and the granddaughter of a smoker. Thankfully, my children, I

never took to smoking. However, as the office manager of Hidden Valley Elementary School for the past 10 years and prior a 7 year employee of Montgomery High School eyewitness Teens and tweens who have fallen into the trap of smoking. In elementary schools. Usually kids who are just trying to look cool to their peers in high school is often a way to deal with social pressure or stress. These days. It's vapes. I have no idea how these devices were ever approved for use in Santa Rosa at let alone the United States, they are touted not dangerous. A great alternative to smoking and basically harmless. They're not don't get me started on the fact that they have a multitude of flavors to entice even the youngest to begin vaping. And then many turn to smoking From what I understand, these flavors have been outlawed but continue to be available in back rooms of smoke shops under the guise of online orders I find it unacceptable that something can be partially banned in this to really believe the shots are not selling these items out of their shops to walk-in customers, let alone those under. 21. I'm particularly concerned with the environmental impact of these vapes 0. A Sonoma County conducted a landfill waste study in 2022. And they were found to be 70 tons of hazardous waste in our local landfill, which people's approximately 13,000 devices. Those are the ones that made it to the landfill, icy bay trash. Often when out walking or hiking, disposable vape devices, a triple threat to environment. The nicotine is poisonous and hazardous waste. The batteries pass the plastic holder adds to the millions of tons of plastic waste. The way they're designed means you cannot recycle them. They must be incinerated. That smoke becoming another hazardous waste. Can you imagine the

impact these devices have on our county state and the country as a whole? It rolled. Ordinance is essential to helping keep our usay from lifetime of disasters. Health effects. I'm sorry to move forward and vote to adopt that. He wrote ordinance for Santa Rosa. That includes no electronic smoking devices. >> Thank you. The next speaker will be Jill followed by Craig than Courtney. >> Good Evening Council. My name is Joe felt rn Bsn cdc I've been educate I'm a nurse at center currently and center's a high school Santa Rosa, j c State grad and I have cared for this county as a nurse for the past. 26 years. I'm also coming tonight as a mother of 2 teenagers who live here in Santa Rosa. As a nurse I care for and have care for the unfortunate customers of these products. Did you know that cancer has a smell >> Believe me, you'll never, ever forget. I won't. >> The littoral smell of death from the effects of tobacco, specifically. This patient specifically was older and had been addicted to tobacco for years. The thing is we really don't know the full impact. These new flavored concentrated products will have 10, 20, 30 years from now, especially on our youth, the next generation we can not have these products in our local stores. I absolutely support the tobacco retail ordinance. >> Thank you. The next speaker will be great, followed by Courtney. Then Lauren. >> Hello, my name is Greg Damron and I am the parent j c

student. Have worked with retailers in Sonoma County for 10 done. Code enforcement work for town of Windsor as well cinema counting. And I've had wonderful collegial relationships with That being said tonight, really offended because retailers and blame teen vaping problem on parents. In fact, there's even members here tonight. They're laughing as parents are talking about their concerns about kids. I have to say about 2 years ago, did youth vaping. I make that Youth Tobacco Purchase. Survey and city of Santa Rosa and our team volunteer 19 was sold to 30 times. So that's about a 4th of the stores in city of Santa Rosa sold in many cases, they presented their real id and they were still sold to even laughed at Pat on the back. The products that are popular with the teens such as flu float. According to Stanford Pack 360 cigarettes worth of nicotine. The teens that I work with and prevention, education talk about using these one every 2 days. Then we have the elf are Stanford rates these at 590 cigarettes worth of nicotine? We're dealing with poison control issues rather than typical prevention. We talk about parents being their fault or the majority, the highest rates of a a cigarette or tobacco use in Santa Rosa is in our continuation schools. We have an astronomical level of reported use. These are kids that are vulnerable. Often the foster program. So thanks a lot a parent, but you can. You can judge us for the success or

failure of our kids. But what about our kids who do who are marginalized and do not strong family homes. So we all have to work together. Please pass a hero with no exemptions on use >> Thank you. The next speaker will be Courtney followed by lowering the Max. Good evening. My name is Courtney Scott. I'm the household Hazardous waste program manager 0 Waste. Sonoma. I'm here to discuss the issues with the disposal of vape pens, no matter what type of vaping device you're using, it will end up it needs to be considered hazardous waste and disposed of properly. However, many of the nicotine devices are labeled as disposal, disposable or single use, which is confusing to the consumer and most often end up in the trash. Can. As was previously mentioned 0. We Sonoma conducted a waste characterization study in 2022. And we did find 70 tons, a vape pens in our landfill, meaning they were improperly disposed of I would like to correct this. Quantity those 70 tons of the pens, actually, depending on the weight of the device, is anywhere between 700 1000 to 2 million vape pens in just hours. Sonoma County landfill disposed of improperly vape pen. Has 3 different hazard classes in it. And because of this many jurisdictions across the state do not know how to dispose of them. Luckily, I was able to find a solution last year and I can collect them through our household hazardous waste program. But it is still very

complicated and very expensive. 1, 5 gallon bucket Kos s $140 to dispose of. The pens contain multiple hazard classes nicotine, which is an acute talks a battery and the waste and that whole unit that needs to be incinerated for proper disposal, meaning that none of gets recycled. I think that's it. So thank you for your time. Thank you. The next speaker will be lower in followed by Max than Ramon. Go ahead as it can hear me that. Good evening. My name is doctor Lauren Grads are I'm from ucsf School of Dentistry and I stand behind the tr all which is critical in addressing the threat. The being poses oral health. >> Authority of organizations like the cdc and National Academies of Science. It have disclosed potential risk of vaping linking it to tooth decay and periodontal disease Donald Disease is also known as gum disease which affects as many as 50% of the U.S. Population. Is important to note the gum disease is not isolated to oral health. It has been associated with systemic conditions such as heart disease, diabetes and lung infections. The inflammation from gum disease poses. Risks that contribute to these broader health issues. Creating a complex web of potential medical concerns. Therefore, the urgency for regulations to fall not only to combat the direct oral health impacts of a being but also to Medicaid, its potential. To significantly increase a summit, health issues. These actions are more them are cautionary their response to document and trends that have been a disturbing rise in vaping

among over 3.5 million middle and high school students nationwide. Protecting our youth from these threats is imperative doing so we aim to reduce the long-term health care burden significantly. And I just want to say that studies have shown that those who begin smoking before the age of 21 are more likely to become a lifelong smoker. My sister started smoking when we were in high school, no one in my family smoked. We are again, smoking and she was able to do so because she had very easy access to cigarettes from corner stores. This was it was all so much and that the top 3 reasons for youth death. What did not have to do with smoking? I mean, that's because it takes several years of exposure of first second and 3rd hand smoke for effect to become prevalent to some of these health. Now, my sister still does smoke and very clinically evident to me and I can see the detrimental effects of his height for oral health and health. >> The next speaker will be Max followed by Ramon than women. >> I'm a student one of these local high schools. And I think it's important to note that the 10% figure I think was quoted from the eu to services inaccurate, to say the least. That is a volunteer survey. That's given to around, especially if we want to take it in many people that i know what my school and others >> lie about it. No really going to. >> Like that, especially in the acts. Can you please get the mike a little bit closer so we can hear you. Thank you. Look closer. Not on the side. You can actually raise that podium. >> There you go. Thank you.

>> started continue. You can start over will roll the time back. We just want make sure we capture your comment for public record. >> The 10% figure is inaccurate. It's simply is there's more kids that are smoking and vaping than that. No one is really going to admit to smoking, especially if you know that the survey that they're taking isn't. Is confidential our schools have a record of who takes that and no one he's going to admit to MISTER That there's I think that because of that widespread issue in the schools, especially given that this ordinance is supposed to address youth smoking, I think that it's important recognize that. These measures should be taken place at schools more. So then widespread because the target audience is youth. We're trying to fix that problem. Not. Reduce the amount of smoking generally. What's described the percentage of people smoking. I maybe I respect MISTER That. Is just the reduced sales, which is going packed everyone in totality. And that includes and legally binding. Retailers like and it needs to address students more so than it does the whole community because that's not the impact that I think this is designed for. Yeah. I think that's all that I have. It's it's more widespread than 10%. And that is really significant to consider. When you think about how students there are Santa Rosa schools across the county. >> Thank you. The next Speaker Lee Ramon followed by a men. >> He's good evening. Thank you. Major in city councils, stuff. I was going to speak

living here. As you MAY know, I spent 2 years as a smoking cessation specialist. So got to work with people that were trying to quit. And speak. But I heard a couple things that made me one of say something. You're absolutely right the smoking doesn't kill children or teenagers. They grow up and they become adults before they become 30% a preventable. That's, you know, society because the smoking or using tobacco products. And also the other thing I want to say, I know, you know, it is difficult to all the small businesses do the server. 2, the cure, your family discern to be successful but not I dispense of the help of our society and of our communities. It's just something that that everybody knows. And right now, anything else we're talking about the very first time that people tossed that outcome. So think about that. Whether you're 15, 18, 2030, whatever. Where is that going to come? Going to come from sun was going to come from your frame from your uncle, whatever that went to the store and they got it for you. After school. So that's something that when you think I know that that going to racial and yes, again, for families that feel that phone line is going to affect But a second sighting, we have to be responsible. People want to be helping. People want the opportunities and and the environment. But human sometimes we don't make the best decisions doesn't have to come together and do these things together and I'm sorry, but a lot of kids don't have parents. They're going to

govern. But they do want to do. Live in a society with single parents that work 2 jobs. Fans of them have patient. >> Thank Thank you. The next speaker will be Please go ahead. >> My name is I mean, and I'm a little bit expected to pose members, as all we are discussing and writing about them and put upon not to then, you know, patients denied it to the family. And I see that everybody's tired. We did nothing. And even if your bag bend it, you can just go miles down the to into this, you know, and you can buy you want. Have an advantage is going to be available in there. De Boer said 2000 out of the menthol cigarettes, every so that state law put So I think is a reasonable time just being about many will not bend But the biggest concern, you know about this to another doctor's family cannot be be adopted I cannot force my profession and my family or my kids. And as the assistant manager, he suggested. Only times for the license that the tobacco license to my family us. I think that's possible. You know, we spent our whole life almost 15, 20 years building businesses investing our time. And as you. I know that most of us don't even have that the I know you all guys will supported by the city by pension funds. But that's that's I want to Infant. And if you don't for the licenses, when you sell a businesses, what better way get that that we get on money

So I think that's an app. You and it should not be forced any of us. That's my biggest concern. And, you know, everything as is just the policy and he's going to be a one. So we know Thank you. Have a >> Thank you. Is there anyone else in council chamber wishing to speak on this item? Please make your way to the podium and please know you can line up of both podiums. Are you standing up to speak on 16.3? Identify yourself for public record if you choose to do so. Good evening. >> I'm Pamela Granger at the tear of Tobacco-Free Sonoma County. >> Our goal no surprise is to reduce the harmful effects of tobacco. We we have inched forward to the last 5 years. This is nothing new for 5 years. We've been going to public comment. >> Working toward our shared goal of reducing the negative impact of tobacco. Enter communities here in Santa Rosa residents and on environment. A couple of things I've noticed tonight the retailers have that they don't sell to kids. >> But in a selling to kids is just the most obvious way that retailers have an impact. >> Another impact is it's it tells kids what normal products are. It senses the stage for the social norm and you're trying to quit. If you walk into a store and they're right behind the retailer's a product that you do want to you want avoid that retailer where you succumb. We've heard a lot about prohibition of e-cigarettes affecting the bottom line of the retailers. But when we heard about how their business effects our

community, I think you've seen lots of letters. I ice into something that had 18. Maybe 25 public health officials and have weighed in on this in the importance. Retailers sales are declining for a variety reasons. But equities are most important thing. Perpetuates the equity of your districts. What is that saying? We knew that this isn't this isn't new. We've got no, no retailers gone under the bridge since 2022. We've got winds are about Sebastien. We've got the county. We have got to work together. Our photo is not the retailer's. It's the industry who makes new products. Every time we turn around. >> Thank you so much for your help. >> Thank you. Is there anyone else in council chamber wishing to provide comment on this item? See no one else approach. The podium for public comment on item. There's one more mayor. >> Hi, everyone. My name I want to let you guys know whenever we send ignorant, we always risk and id. And I would license driver licenses expired even Hello asked to approve the scenes. So we always have scanned id. Do send events. And if are high school students. Have events. It's going from, I suppose because we always have follow the law. >> see no one else approach. The podium fund public comment. Thank you very much. That we will now close the public hearing. And I would like to have a hand it off. >> To assistant city manager

and who has some clarifications for some of the questions that we >> Thank you, Mayor. I just wanted to clarify a couple of questions. I to Councilmember Fleming. Your question about that transfers and what we've incorporated into this ordinance and and how it compares to the other communities that have also adopted tobacco retail licenses. So the transfer program that we have really relates to the sale of the business we don't prohibit the sale of the business. What gets thrown into the mix is a new retailer, a new business, our retail license must conform with ordinance and code. And if they can't comply with that, that we don't issue that retail ordinance or that retail license we've adopted the same language that Petaluma adopted. We also considered and evaluated a program with the city of Sonoma. The city of Sonoma does not allow they however, they have taken a stance of of phasing out tobacco retail through attrition. When we identify that with council during a study session, the indication that I received was that we weren't looking to move toward all-out ban of retail sales, which cinemas product cinemas ordinance actually moves toward banning tobacco retail sells in the future. Sonoma County, the ordinance that they just

amended last week has no restrictions on transfers. So those are the 3 components that we have in communities immediately adjacent to us. We chose Petaluma cause. That was the ordinance that seem to fit with the direction we received from the study session. But I wanted to just clarify those particular options that exist already within the county. >> All right. And just to clarify, we can choose to allow for transfer business without a transfer of this particular license. Of course, a person could sell their business and the goodwill that goes with that. We don't have limit that Salem, we would not want to limit that sale. I'm beyond that. The tobacco portion of correct. And that's the ordinance. Ordinance of Sonoma. So they don't prohibit the business from occurring. They prohibit that particular product from They haven't over concentration in one part of their community. I haven't got to that level of research, but I can. Coach reception MAY have a better understanding. >> High and so on over concentration. And guess it's back to what you determined to be over concentration. And so do what we have, which is an imbalance, call it that. In my district in Dustin Districts, 4, 5, the of a significant >> increase in those over other districts. >> Right. So in the city of Sonoma, I would have a look or see of my staff knows but the big because they passed their

policy in 2015. So when they originally passed I think they have 12 retailers and I think they're down to 9 now, have to, yes, I'm getting confirmation on that. So in terms what that ratio is to their population night. I don't know that they have about 10,000 people. >> About a 17 to the size of center's that. But interesting thing is that over a period of almost 10 years. >> You see a 25% decrease. Not an eradication. Is that correct? Yes, okay. Thank >> and then for the mayor of the other clarification I want to make was for Councilmember MacDonald's relating to penalties penalties that we described and the way we've incorporated are maximums based on the code section. However, what I neglected to explain is the code further goes on or the ordinance that we've established further goes on to explain. That is the that per violation ordinance. Every products that's in the store is an individual violation and therefore the fine associated with a retailer who has many products that are outside of the ordinance would have a compounding penalty associated with our language. And so why we have some. Difficulties in adjusting the maximum penalty per. Level. It's the per product, which is the compounding factor that I think goes to the level of severity that you are interested in obtaining. >> Thank you for reiterate

that reiterating that to me. Although I did read it was per violation. I was still fine with increasing the fines simply because it was a 3rd strike to me. I did realize that there was multiple fines that could happen if they continue to violate the policy. But to to know, and I still feel that the 3rd violation to result in a higher fine. But I just want to have a question that quick question about that to city attorney just because we're following the language of the with with that. So if it was to if council was to go higher than the language of the law, is there any problem in doing that legally? >> So there is a tiered system for enforcing all that we we have caps on what we would need to look at. And would need to dig a little bit is if we aren't enforcing state but instead enforcing our own ordinance, whether we can set the violations at a higher level. So that is something we would have to dig in and take a look at. >> think my concern with that would then be the delay of the ordinance being put And so I would not be interested in delaying the ordinance to be put in what I think we're going to have to do just because I feel like this is going on for some time for us to try to get this to this point. And I'd be willing to keep it like that. But then if there's a way to check on that and bring it back before air,

the final reading to make the not sure if that there's a way to get that information before Final Amendment or before the final draft would be adopted. >> So the rule for ordinances is if you make any substantive change after the first reading and today is an opportunity to have your first reading or an introduction. When we come back for adoption. If you make any substantive changes, you have to reintroduce and then come back at another council meeting for did I'm you set a fine be a substantive change. Yes, it's really anything more than a clerical. The clerical error. >> Or type o but a fine is definitely a substantive change. You you could introduce and adopt the ordinance. And later consider an amendment to that ordinance which would require an introduction and adoption. We you could not introduce today and have us come back at a subsequent meeting. Additional options and information for you. >> Thank you for that. I would not. I do not want to do that. I am. I would rather leave the the fines as they are, although I think it's pretty clear that I wouldn't mind charging more for all those fines. But since there is multiple violations that can think that it would probably hit hard enough and businesses are probably pretty clear that we're not going to go light on this. I think we should leave that get the tear out in place of a possible. And if we need to bring it back because we're seeing first and second violations or even 3rd violations over time that we

could actually make the amendment and bring it back again. >> And councilmember MacDonald's to that point as well built within the ordinance is the initiation date of JANUARY. First 2025. What that does is that gives retailers the time needed because retailers have up to 60 days to file for a license. We would not have the opportunity to do that prior to JULY. 1st of this year. And so we've we've set the first year initiation of this JANUARY. That also gives retailers who have products that are would be incorporated into the banned list or or the prohibition last an opportunity to to properly move those products out of their storm. >> On that, would there be a way to carve out the opportunity for the violations to go into play earlier than the rest of the ban. Mostly because of my concern around them selling to use. And so I think that that's where the violations come into play versus the rest of the ordinance around the flavored tobacco be able to get that part of the license and in play or is that part of code enforcement currently? >> So we did talk about a number of options to initiate this. Particular license. We felt that the six-month initiation program was probably the most reasonable we still have to enter into a memo you with county that establishes them as our agent. We also will have to come back to council to have council adopt a resolution for the license itself. And we felt the JANUARY timeline fit all

of those pieces and gave the retailers the opportunity to conscientiously, move their product and get the license put in place within the timeframe that we've established in in ordinance itself. >> Okay. Thank you for that clarification. >> I'm going looks like trees has some additional information >> There is a section and posed ordinance that states that if there's any violations that occur between now and that start date, those would count against the license. So you would start with that striker, too. If you had, if you did sell to a minor and a sting operation. For example. >> Thank you very much for that. This isn't city manager and whole now bring it back to council for additional comments. Councilmember funding. >> Thank you, Mayor. Yeah, I think this is we occasionally get these issues on our desk where you feel for everybody involved in And in particular, small businesses who, you know, the invested, everything you have to make this go to provide for your families. And I really just want to I don't take it lightly in any way that that we're asking you to give up a portion of the revenue for the health of our of our families. And I'll just speak a little bit about my childhood. I grew up in good family. Family were smoking wasn't allowed where we didn't drink alcohol. But things happen. You know, I was about 10 years old made my parents got divorced had to work more jobs. They don't become bad parents. They became busy parents. And I would often

alone and it was uncomfortable and scary at times. And so there were times when I would walk to the corner store. I knew these guys grown up with them. They were they were friends of mine, their friends and my family. They're really sweet guys. Want to go home to see my parents. I still say I did them. I don't hold it against them. But at the end of the day, they did so me the things that I wanted regardless of my age and that had negative effects on me well into my 20's and >> sometimes we have to be as a community, good parents to the children who are falling through the cracks. >> And I know that it's a really bitter pill to swallow. This is something that our society has been developing over a period of hundreds of years. We don't do a lot of things that we used to do. It's uncomfortable. It's hard. There are economic losses. And yet there are opportunities that come with that. And so I just wanted to address that on a personal note, I don't usually speak about my childhood in that way, but I think it's important. The other reason why I think that something else come of that I didn't hear address, which is why are we doing this? But not something else. Like banning sugar, for example. And that's a fair question. There's a lot of things we could ban. But at this moment in time, we have an opportunity to get grant money to prevent something that we know causes death. Really point a to point b, not that sugar can't you But the frequency and the timelines were not quite the same as with tobacco. And whatever it is that we do that I just wanted the retail community to know that you have my respect, my friendship. They know this

is not easy and I'm grateful for the services that provide to us. Councilmember MacDonald. Thank you. I do want to thank you again. City assistant city manager, not for the presentation and for all your work on this. >> I think that some of the comments tonight around the health permit joined from saying that correctly, the community health outreach, parents that were here tonight that really spoke directly about the impact that has on news or the student that was here that said, although you're getting a survey to says 10% of the kid is are actually using nicotine. They're lying because it's a voluntary survey that they take healthy kids, which they given schools at different grades. But even the schools don't all have to do that. Healthy kids survey. So I want to think that the student whose and schools probably has a better idea of how many kids are vaping and have access to make a teen. So I want to listen to what some of our community members are saying in front on access around how frequently our students are using and and going back to what Councilmember Fleming said. This is this is a undertaking for the city of Santa Rosa to do for the betterment of our children in news. And I look back on our goals around climate change and the impact that we want to make as a city we just heard from 0 waste as well as some of our other members on the impact that this has to climb. And I think that that's something around landfills and what we're doing with hazardous waste. We know that if kids have access to him, they're not going to take them to their parents so that they can dispose of them properly. So let's be honest. This this

is also a climate issue and not just a health issue. And when we talk about ensuring a healthy community for all, i would like to think that this council is going to be very responsive of the ones that don't have a voice chat and those are children and it is our responsibility to take care of them and whatever we can possibly do to save some from even starting smoking to me, I'm willing to do. And it's not out of disrespect for the businesses that are here. I appreciate all they're doing small businesses in our run our communities. So that is not lost on me at all. But I think that this is an incredibly important topic. And so I'm I'm hopeful that tonight will see this move forward. Vice Mayor step. Thank you, MADAM Mayor. >> I I want to start by This is an impossible task to try to try to balance. I'm not just competing interests nation wide and local regulatory landscape. That is a confusing contradictory contradictory and constantly changing. I compliment you on the on the very measured and thoughtful response brought It seems to me like that's about as good a job that can be done given again the impossible constraints that were put on you. I like that. This measure does provide some additional disincentives or challenges to becoming introduced to 2 types of tobacco. That's the main goal of this As has been pointed out by both colleagues and by you and your presentation. All right. This in no way is going to is going to shut the the opportunities that you have to to make to use tobacco products. This is in some ways a symbolic

statement saying that over time, we want to see this phased out in our county and we hope the state and the feds are going to come along because we need their for their their help. >> for the it for the national, the online environment but I do like the fact that we're bringing Santa Rosa's Santa Rosa's ordinances into alignment with the counties in particular, with some of our with our fellow municipalities. We're going to need to work on Rohnert Park and as the business owners pointed out just a fact that you can you can drive 10 miles down the road. Good to see no or go to our neighboring neighboring cities. That's that's a pretty a pretty big hole. And that's going to be obviously by by residents in the county. So we're going to need to work on that. And also I it I I think the business so much for coming in. Clearly by the fact you spent, however, many you coming to this meeting again, when you had a an important community application tonight as well. But you're still making time to be here and you're getting up and making statements. It shows you're good. Actors here you're here because you also don't want don't want these products in the hands of in the hands of kids. And that's actually be And I'm glad that this ordinance doesn't place undue burden on businesses, as for example, by calling for an inability to transfer the transfer, the tobacco license that was talked on that was talked about in the day but during our last conversation here, we want to make clear that that families can transfer the license among among and also in the form of trust. I'd like to see that maintained and that that's

That's fair to the business owners as we're trying to figure out this. This very complex regulatory landscape. And again, just our goal here is to is to ban the the opportunity that that kids have use tobacco products. The goal was not to ban all of tobacco Urbana don't use. And we need to keep that in mind is working with local businesses. So I think I'll just conclude by again, echoing one of underlying scenes here with the hope that the state and the feds will help out local cities with this issue as as a system. Anderson, not put very nicely. We're doing the best we can with the tools we have at our disposal. And we're painting with a broad brush here. And it's it's by no means a perfect solution. But it seems like we have some there's some data to suggest that it will help. And if we could, if we could, if we can accomplish, you know, if we can move the ball forward a little bit without creating too much of an undue burden local business owners. Certainly support in support of that. So thank you very much. >> Councilmember cryptic. I'm sorry. Okay. Perfect. >> So I'll just say that my focus is to reduce use in the use of tobacco products by youth but not to regulate the use of tobacco products by adults. I support increased enforcement. And the existing laws, but in this would discourage retailers from selling to underage youth. But I believe retailer restrictions cannot be the only way to keep our youth healthy and safe. Banning these dangerous products for youth is a step in the right direction. But it cannot be affected if only. If we only target local Ree local the trl that is being proposed only

drives consumers to other places outside of our community, specifically online cells, which very easy to come by I do not wish to run our retailers the city by imposing additional restrictions on win. Our youth buy Very easily and still have access. So to me, the whole point was to to help are used to not smokin to not go down that road. But we're just telling them that they can buy it somewhere else. And actually, we don't have to tell them because they are ready. Know that they can buy it somewhere else. And if they want to purchase it, they And again, this is not supporting our local businesses. This ordinance feels good, but I'm not convinced that it will have the impact that we wish to have. I'm in favor of a tro that has stronger enforcement and harsher penalties. So Councilmember MacDonald, I totally agree. If someone does something wrong in they can be punished, including taking their license away. Then I'm ok with that. And I can say that because I'm convinced that all the retailers that are sitting here know that we are very serious. And you know that you should not be selling to kids. And you know that if you do, we will come for you. That's why I can say I'm ok with the harsher penalties. Raising fines, takeaway license, do what you want, but don't punish the retailers that are doing right in doing what needs to be done to not sell these products to our

kids. Councilor akp made a comment in. I didn't write it down. Specifically side might get it wrong and you can correct me if I'm wrong. But you said. Has you as assistant city manager in that about getting. Certain people, community members together. And I just want to say that I'm looking at the retailers that are sitting before us and something about this does not seem very equitable. And it seems like we're targeting certain businesses. Cannot get that are owned by certain people. And I can't get it behind that the way the way that it is I'm not in favor of banning all the U.S. These, but I would exemptions since they can be purchased from other places in retail online retailers. I am in favor of banning all flavored products. I think that does specifically target our kids if it tastes good we must continue to educate our kids and to start at a young age. So I'm really in favor of a lot of education. So I'm not sure how we would go about doing that. But I'm I'm sure that the city of Santa Rosa can get behind a partnership of educating our our children. And I am the mother of 8 and I am committed to the safety of our youth trl ordinance. I just can't get behind this So I will not be supporting ordinance the way

that it is written today. So with that, I will hand it over to Councilmember Okrepkie. Thank you very much, MADAM Jason. >> acm not a manager staff. Thank so much for ever you put into this I think Vice mayor stat articulated better than I ever could the Herculean task gender to it. Also want to take a moment to recognize the empty chair next to you in city bans are our. That was a part of this process from the very beginning and her work on this shouldn't go unnoticed because she she did work very h# # # o# this attorney. I just want to ask some questions. Because there's been a lot going on. This has been 2 hour process, I think is where at So Kerr and Jason it is in his system, energy assistance, City manager, net and city attorney. >> I'm currently the way it's written transferable license. Alright, Trent transferable with no restrictions within the corporation or family restrictions exist. If the sale occurs to a non corporate member right? We can't get rid of the 4th strike without a review of. The existing state laws. That correct? >> That's correct. Not clear to us sitting here whether we can eliminate the 4th strike. We might be able to if you want to do that, we go back to the 2 ways I outlined with councilmember Pink Donald. We

can either a first reading in come and then you can do that introduction. Then you would have to subsequent council meeting to the adoption or you can adopt an ordinance. Today. We can take a look at that and then you can later end to your your brand new ordinance by going through another very small amendment process. There's no attrition. >> Model, it's 118 or one per every 22500. >> Residents, whichever is less correct. Cannot which yes, these are. We cannot change on the day as what Estes we can and cannot. Allow correct. You have the authority to direct us to modify. If you want to incorporate exemption. Okay. We just need an exemption articulated enough or we would have to return at a later date. That's what is going towards. And and then we cannot bring the canvas ordinance synergistic compliance with this ordinance without it being returned. Is that correct? That's correct. Okay. So I want to make sure that we have that all outlined because there's been a lot of ideas going forward such to make sure that when this we all know we're we're voting on. So all that being said, I'll introduce an ordinance entitled or done to the council. The city of Santa Rosa amending chapter 6 of the Santa Rosa Municipal code and adding a new chapter 6 dash 20 entitled Regulation of Retail, Tobacco Sales and authorize the city manager to negotiate and execute an agreement with the county of for compliance, monitoring and enforcement. >> I'll second that. But I

just want to clarify, you're adopting the ordinance as presented by assistance City manager, Thank you. I'll second that. >> We have a motion made by Councilmember Okrepkie in a second by Councilmember MacDonald. City clerk. Me. Please call the Thank you. Councilmember Rogers is absent councilmember Okrepkie Councilmember MacDonald. I Councilmember Fleming. I. Councilmember Alvarez has recused. Vice mayor step. I. Mayor Rogers, no. Let the record show that passes the forefront of votes Vice mayor. But part meet with Mayor Rogers voting. No Councilmember Rogers absent and Councilmember Alvarez recusing. Thank you, City manager thank you. All right. >> So we will now be moving to item 11, which >> is our mayor and council member reports and we will start with Cookie. >> Thank you, MADAM Mayor. I'm a couple I was able to attend ribbon cutting for a future park our quest. I know that is not within the city of Santa Rosa. However, half of my district is in the Marquess school district and they all play within the market West Little League. So Mark West is pretty much a second home to to district 6. So it's really cool to see, especially after fiery coverage for that to take on a parcel turned into a park we haven't sat a meeting last Monday. A it was a very lengthy meeting with some pretty important things we've received funding for 7 locations of retainer flashing beacons for that, a pedestrian

crossing. We also adopted 5 including cta budget, the Rcp, a budget, the member measure and budget which measure and ends on 3.31 and then becomes goes. As we head out to headed up the ghost on the budget as well as the Clean Air Fund budget. And then there was rather lengthy discussion on sb 10. 31, which is a action that would could could bring one to 1.5 billion in transit funds to the greater count, the Greater Bay Area, the counties in Greater Bay Area. However, there's been some drastic concerned, especially with in Sonoma County about return to source funding. It was proposed that we initially receive maybe $0.70 for every dollar I'm happy to report cta took the position of opposing amended. For more, we turn to as well as to put a smart on the list of agencies that are risk of a if it passes that meaning that if this bond, if this measure passes and smart measure fails, smart would be included within the funding for the for this measure so that, well, we don't do smart and there is a lengthy discussion about Mt. She's 2024 equity Priority Communities Update for 2050 plus a significant portion of Southwest Santa Rosa in northwest San or was it was removed from being equity priority communities. And that was not received well, by one myself, the Santa Rosa representative and the district, 3 supervisor who represents a lot of that That makes no sense why and equity priority area would not be considered in Southwest. For Southwest Santa Rosa and I was happy to cut the ribbon on our Rosie a trolley that will be

making laps from courthouse square to Railroad Square electric trolley in partnership between Smart some of the clean power. The metro chamber, the d a o and the city of Santa Rosa. It's really cool. Really fun. I suggest everybody tried out when you get a chance and we all at the Rose Parade and we're all very, very happy and I'm sure most people, more people talk about this about the return of the Rose Parade, what it meant to Santa Rosa. >> Councilmember MacDonald, thank you, Mayor. I did have a concerned citizen, actually, couple them contact me. >> That 18 team MAY be losing their land mines. And so. >> Could we maybe get some information on that from city manager's office and be able to communicate that out to the community on on that battered. Appreciate that. The pp met and each meeting we hear from local schools with the update was happening, the schools. But we also hear from Srpd as well as the sheriff's probation. The district attorney's office and the public defender's office. And one of the things that has rpd actually reported out was that are gun seizures. If I remember this correctly was up 129%. So just want to thank them for the work that they're doing to get illegal firearms off our street to keep our community safe. So thank you for that statistic in for all the work that you do to protect the youth in the community. We're currently working on the final approval. You is for the tattoo removal. So I I want to say thank you to the team for getting not

moving forward. I think that's going to be a great thing to be able to bring back to the community. OCTOBER 10th is going to be the annual conference and that is you are not alone. And I want say thank you. Also to our Safe Campus Intervention Program are skip team they're known in the schools as lovingly called Run they're doing a great job with interventions and building relationships with all the students. And they've been spending a lot of time our middle schools. And we also received an update on our year one implementation plan. That is part of our 5 year strategic plan. And yes, we are a lot of us were at the Rose Parade, but I do want to do a huge thank you to Terry Sanders, the entire team that put on the Rose parade, including in Santa Rosa Metro Chamber. It was an excellent and then it had I don't know. You know how many people were downtown, but I appreciated all the work that went into that. And I also attended the Santa Rosa Fire Department pending, which was great to all of our new firefighters and getting their badges and some of the promotions within that department as well. And then I had an opportunity to at 2 different groups week. One was a column This group is a nonprofit that raises money for students that are attending this Santa Rosa Junior college that want to go to Cal Berkeley and I spoke to

them at the Oakmont set a club as well as I was the speaker at the Santa Rosa Sunshine Rotary Club. And that just means a start when the sun rises. I was there quite early. And I just want to thank them for an opportunity to come and speak to them. I was able to my their version of the State of the Union of the City of Santa Rosa. And with I've been up to thank you. I will try to go very I was able to participate in the ribbon cutting for the Wednesday night market celebrating its 35th year. >> The market has Timur Wednesday's. So I encourage anyone that can to make it down. 2 railroad square on Wednesday. On MAY 9, I was able to participate in portfolio day at Roseland Collegiate Prep. I attended the mayor and council members association board of directors meeting also on MAY 9th and it was decided that we were going to. Write a letter to the Board of Supervisors, notifying them of the desired characteristics that we want in our future. Dave Kit. But what was his title? City manager? So did I so MAY 13th, I was able to visit the Sequoyah Garden Mobile Home Park to see 2 beautiful gardens that they were able to plant with grant funding that they receive. Thank you to Tom up in a in the rest of the residents that hosted me MAY 16th. I was able to attend the for Santa Rosa Fire Department badge pinning 2024, we were

there with Councilmember MacDonald Councilmember Okrepkie, vice mayor's staff. So that great that we can all attend that event MAY 18. I was able to participate in the center of the Rose Parade, which was very successful. And I would like to thank the Rose Parade Committee for all of their hard work and dedication to pulling off a very, very, very successful Rose Parade. And I had a ton of fun riding a horse in. I had a dancing horses behind me and it was so great like I just had so much fun. So hopefully we can do something like that again next year. Same day on MAY attended the Sonoma County me company celebration of their 10 years. So congratulations to them. We definitely want to continue to encourage all businesses, but our small in continue to uplift and empower them to stay within our community. So I was also able to attend the Cal-fire gala on MAY 18. In MAY 19. I was able to attend the Met Surrey, Japanese Arts festival with Vice Mayor Stapp. And we were able to address that attendees share the importance of diversity in our community and provide reports about our relationships with some of our sister cities Japan. Correct. He's not doing that. So with MADAM City Clerk, me, please facilitate public comment. Thank you. We're now taking public comments on item 11.1. If you are in the council chamber room and like to provide comment but have not provided a speaker card or your name. >> Please make your way to the podium. See no one approach to

Putin for public comment on this item. Thank you. We will now move to item 11 point. >> matters from council regarding future agenda items. On MAY, 7th Council City Council meeting Council member Rogers requests to future agenda items be discussed. Amending the voting process. Councilmember Rogers is not currently here. So I'm not sure it. I mean, it would be meaningful if he could participate if there is any discussion or someone else is going take it for hit. It pleases the mayor. I'm happy that I can speak for him. I can speak for myself on this issue. >> Which that's a view of the attorney. Like I said, I don't know exactly what he wanted to bring this up, but having done to council replacements myself along with some of you who've done one of them, the process as it's currently laid out. I has repeatedly let us too the same dead end. But you have to go through this process in order to get to the dead-end, which takes a significant amount of time and then leave you without a clear path forward. I think that it's worthwhile evaluating this process and seeing if if we are not able to determine a pathway that would allow us some more clarity and easier outcomes for that unfortunate event. When we have to replacing councilmember. So I would I would be in support of of evaluating for that rational. Perfect. >> Is there any additional discussion from council members right now about placing it on a future agenda

item? Councilmember Crappie? >> Yeah. Just a quick clarification to the city Can we get clarification from Councilmember Rogers after what he was intending? Because I'm it. He said he wanted to get this done >> this fall for this or for the snag as we call Council term that to you the 2 years after the election. But I don't know if he meant like for us have a study session or for there to be an ad-hoc or 4, the city clerk to go and put together some sort of process. So I just I'm just learning how to get clarification on his intention. >> Well, one way would be to move this item continue this item to your next council meeting and then it would appear on your on your agenda. When COUNCILMAN With a council member can be here or if the council member isn't going to be here, one, if you could check in with him about what his intention was. So that would be probably easiest solution. This item is simply to put it on the agenda, but it would be helpful for staff certainly to understand. What the item That would be coming back >> can he give the later not? Yeah. >> Okay. It's my understanding that we're not specifying what we're going to discuss. Where specifying that we're going to discuss it. And so with that, I'm comfortable moving forward now. And if he wants to tell us what he wants to discuss of that time he and I've talked about quite a bit. I think that we're safe if he has a really different vision, that we can go in another direction and that time. Well, he can still clarify. We're just saying, yes, we're going to put it on the future agenda.

>> Council member of U.S. >> I have been on council enough to experience all that replacing him to see such as we did with our little calling Tibbetts or even as actually play that. So why then are a council member replace them? I have here for My only question or concern would be our charter review and that that's actually something remember that Harvey was actually task with the way that we actually vote for. For replacement of home, not incorrect. And I wonder if this is an issue for the charter view opposed to something for us to take up as has the current council. >> Well, you certainly would not be able to do adopt a process that's inconsistent with your charter, but it would be you would be able to adopt additional processees that would go that would work in tandem with your charters. So you could add more specificity, but you can't change what's in the charter without having a and, you know, go to the voters and have the voters approve a different process and the charters so you could wait until you have a charter review. But they're probably I think 9 years between now and then. But you want to adopt some rules in your council rules and protocols and pick up where the charter leaves off in terms of your process, you certainly could do that. But whatever you adopt would need to be consistent with the charter of Earth. >> Canada has city clerk to clarify what discussed in the charter. So that you exactly what it is. >> I believe. For those over here. During that time period, would be council member of

funding and years of them myself, I believe will second choice ranking if I if I jog a memory correctly. >> Yeah. And I would just say, you know, given our like this isn't committing us, do anything that was just a conversation be had in the future. I don't think that we have to hammer it all tonight. So the reason why I suggest moving forward tonight than in 2 weeks is given Councilmember Rogers intention to have this done this year and giving staff as much of lead time. If we do it in 2 weeks, then that's 2 weeks further into the year. It's better to just have the opportunity to get mine accident. >> Mike and absolutely my intention more than anything wants to give staff some type of perimeter what they should be expecting and the conversation least somewhat prepare them since since COUNCILMAN Were Rodgers isn't here to speak for himself. What those that was where during the term of you as well as what might want to change unless you have those conversations with council in Rogers and you could actually and LeBron more of those you love you speak for him. >> Alright, is there any more discussion from council regarding this item seeing MADAM City clerk, can you please conduct public comment trip? Thank you, Mayor. We're now taking public comment on item 2011.1. If you're in the chamber and would like to provide comment. >> But have not read it is bigger cart or your name. Please make your way to the

podium. Duane submitted public comment card, but I do not see him in the room and I see no one else moving towards the podium. There. Thank you >> so with that, I think I'm going to look a council member. Fleming. >> a move that we we approve. Councilmember Rogers request also didn't. >> We have a motion made by Councilmember Fleming in a second by Councilmember Alberta's, city clerk me please call Thank you. Councilmember Rogers is absent Councilmember Okrepkie Councilmember MacDonald. I Councilmember Fleming. Yes, Bres vice mayor. Stop. >> I MAY Rogers, I'm but the record show that pass of the 6 affirmative votes. Thank you. >> Moving on to item 3011.1 appointment of representative alternate to Sonoma County Transportation Authority and regional climate Protection Authority the council MAY by motions select an appointee, representative and alternate to the Sonoma County Transportation Authority, Regional climate protection and 30 board of directors. >> Yes, I with the motion. I with the motion that we appoint our Mayor, Molly Rogers, as a representative with council members. Rogers and council campaign. If they accept as the alternates. >> So it would just the Councilmember Rogers, alternate. Going I'm very well with that I State my motion as you as the appointee with Council member Rodgers as your alternate. Second. >> And speaking with

Councilmember Rogers with the upcoming family responsibilities he recommended. We update that cta and our city. Appointment that is why this appointment is being made. >> In the middle of the >> the year. In addition to that council member Rogers will be stepping be stepping down and he will not. He will no longer be on the council after the end of the year. And so this allows opportunity to have an additional person thing that can get up to speed on what's going Moving forward for next year. So that is the strategy behind making this move. >> And I correct was of worship actual emotion. I should include both as and the other the other branches or cpa. As a career. Is that correct? Regional Climate Protection Authority? So without limit my motion, if you still second it. >> Councilmember funding. Thank you. So I just want to point out since we haven't had any discussion of this before it's the reason why we have that as eta. Our cpa separated out from mtc is because Councilmember Rogers joined one and then I was placed on the snowy county in dc later on. It is a significant challenge not having that same position in the same person. I think that you do a fantastic job I'm all for it. But I do want to point out that it it adds this letter and council craft, you can speak to this of additional encumbrances

having to go back and forth between it and filter it out. And I recommend that we get to a place where it is the same person that MAY not be tonight. But I do think that we should pretty what we're doing here because it's we're talking about, you know, tens of millions of dollars and the strategy around that. And so it's a little bit of double work and it's a little bit of miscommunication that happens this way. I'm not I'm not a big fan of of has nothing to do with any particular council members ability. It's just not not the most efficient matter of doing this. If I'm in. For clarification. >> Doing are the the climate as well >> cta and our cpa, Sonoma County Transit Association, Regional Climate Protection Agency was one of the first in the to do regional climate. We're we're established a different point in time, but they were merged with in the same office and and they go together. So they're not separate. Present. The is separate bowl from those who think that is a completely different jurisdiction recommends Meyer and only appointing this tea without the claimant aspect that goes without saying without saying for a very true. >> Councilmember Rogers would still like to serve on in tc. While working with me and bring me up to speed for the others. So that was he's not

on in dc but I'm sorry, smart. He has to be on their to do smart, but we can make the changes to the ntc moving forward. I think that that would be a idea. It's just not like that. Cookie. >> Yeah, I'm just I'm concerned that this is an inefficient currently, I the alternate. Councilmember Rogers is the is the We have yet to have an empty chair any of these meetings. The last 18 months we've been every single one I understand the whole getting up to speeding. But there's no guarantee that you would be on a cta come JANUARY of next year, depending on whoever the mayor is right. I don't know if upsetting the apple cart at this point is is. Is an efficient use of our of our time and energies just because as you can see, we had a long I had a long report about 5 different budgets, legislative actions, potential measures that we have to undertake that could bring billions into the general area because it's not just Santa Rosa is councilmember funding knows, but it's voting offer runner park or or or Sebastien Puller. >> Those things. So I'm not sure it's it's it's the most efficient use because >> I think by the time the eu would be brought up to speed, the term would be over because it's it is a long on-ramp. It takes a long period of time. It's 5 budget at this point. It's tens of millions of dollars projects that are in the queue. So I just don't think that it would be I like I said

>> Efficient for us to do it this way. >> Councilmember MacDonald, thank you. I'm just want to have clarification. I'm just going to my ears and probably a little bit of not understanding what these 2 groups too. >> Councilmember Rogers would like to stay on both of these groups for the next 6 months or he would like to say stay on one of these groups for the next 6 months. Just so I'm clear in order for Councilmember Rogers to serve on smart. >> He has to continue to be the alternate. He would have to continue it. If we appoint another primary who I guess my question is, is there because Councilmember Rogers is more than the going to be leaving us What is the plan for filling the smart position? Is it going to be out of the 2 people from this council that would be serving on that committee that would also be able to serve are or do we if if Councilmember Rodgers is in there, do we not have that seat still? I'm just not clear on that process. Make that appointment. For the The appointment too. Sonoma Marin area rail transit is made by the mayors and Councilmembers Association. >> And the Metropolitan Transportation Commission mtc is formally mentioned is made by the Sonoma County City selection committee. It is not within Decision-making power of the city of Santa Rosa Council. >> Okay. Just so I heard you correctly. It those 2 positions you for that position on smart is elected

by a different body. Then who sits on smart. Not this spotty right here. And he was elected to serve on not because he was on these 2 committees. I can speak to that latter point, but I can speak to the appointment. Power is through the mayors and Councilmembers Association for Smart. So I guess I'm not clear on why that seat on Smart is lost by him. Not being one of these 2 seats. Yeah. >> If if I he so being on the smart has a different composition of their board, some of their seeds are from jurisdictions or different entities and some of their seeds are based on membership. In a certain group. For mayors and council members to put somebody on smart. They have to serve on a cta. Okay, Chris. Rogers, he got himself on a cta Rcp 8 in the lobby, mayors and council members to get appointed to smart if he's removed of that, he will lose the seat on Smart and Santa Rosa will have to go out and try to get in the seat because we do not have our own naturally occurring seat on the board. >> Okay. So in 6 months from now when he leaves us, we still are going to be in the position. We Have somebody on smart as it is unless we leave him on right now and then make a different appointment in 6 months to replace him. It. >> There were there could be a way that we did retain it, but we need to be strategic about it. And my point would be that the ntc in is not really about me. Like I just want to clarify. This is about how the strategically maintain. I'm not as smart but also >> the funding streams and the communication councilmember You talk about all these different things. And, you know, I get updates from from

James Cameron as eta and I can keep up with it. But it is a whole nother layer was if you just keep their hearing from the horse's mouth, you can hear from neighboring jurisdictions even go back to nbc and Advocate a lot simpler. >> Thank you for the clarification on that. I'm there for me. And as with that 7 made, it wouldn't be who it to have our mayor served on this and later advocate for position on the Smart. >> it. As was said >> there's no guarantee that she would be. This mayor now would be appointed by the next mayor, whomever that MAY be were nominated by counsel to be the representative cta. I mean, for being just completely in a vacuum, right? This is also an election year. So there's no guarantee no offense to the Metronome that she would she will even be here for that race. So we can't. What I'm trying to convey. And I think what would and I don't mean to speak for you, counselor Fleming, is that there's a certain level of education that is taking up that is be undertaken to get to where you're comfortable. Having pardon taking part in these conversations about 10's of millions of dollars. >> And it's a steep. It's it's not something you can just take on overnight and be up completely up to speed. >> And for me, yes, with also being said, either one of us could not, sir, on that on that position come JANUARY, world's a position now the panel, the mayor is and that's true for either a principal for election but councilor who

doesn't have face election. >> Could be easily removed from that point. And and let me clarify my eye, I think kills Kirk entire time, but slightly different things to my mind is not about, you know, ability. I think that you do a great job and they want what it is. And it's not about smart either. What it's about letting scripts stay on as an alternate is about smart. It's it's not about nothing else. And it's certainly not about the mayor's qualifications. What it's about in my experience, working in a regional environment is that it would better equip me personally to advocate for not just Santa Rosa, but all of the city's at the Metropolitan Transportation Commission and not in particular about smart. I do advocate for smart when they go there. But I also average advocate for Petaluma bus and center as a city bus in Sonoma County bus. And all of these different agencies. And so the idea is to reduce some of the friction there be able to clearly communicate both back and forth. What's going on there? It's not about necessarily maintain that position and smart because as has been pointed out, we don't know who's going to be on smart next year. And I was going to hear their whatever. What we do know is that I'm empty seat for 2 and a half more years. That's what I'm trying to convey. Here is nothing more or less. And then if that's not what the will of this council is, it's ok, I don't really need another meeting, but I would serve you better in that position that I can now because I would have more information if you cut guys do care about infrastructure dollars. That's the way to go. But if not, I support the mayor going forward. Just don't think it's the most efficient use of our

time. And And to your point. >> I definitely want to job you've done on them to see. And now if if I could ball. So your experience on how the ntc. An individual on this. He would impede your efforts from being as effective as you've been on him to see if you go into a little elaborate for clarification from my knowledge on how that would actually affect you. >> What it is is that mpc, they take position cta. Our cpa. There's a lot of acronyms. Are they take positions on legislation like, for example, this transit bond. I don't know how long your conversation was the other day about the transit van answer. Would you let me know? >> We talked about it for about hour. Give or take. >> So I've got about one to 2 minutes of talking to following that meeting. So it's one of those issues where you get a depth of information and experience that you don't otherwise get to go to tomorrow when I go to m t c My takeaway is going to be okay. Sonoma County has an oppose unless amended position on the transit bill. The 70% return to source. But I didn't get to hear the nuances. I suppose I could watch it and triple do we have an alternate primary me but those intricacies, unlike what's really they care about full return to source over 5 or 10 years or do they care about overturned source every year year over year? I don't get to ask those questions to get to clarification. Sure. I could be calling areas. The team met a member. Doesn't doesn't is not a good use of time is number efficient. I could just go to the meeting here. They

say take it back and advocate. That's my proposal to you. >> And I guess that. My issue, I guess where my the bridges that connected to the side of the water regardless of of you being on and on on the on the on them and to see board. Who serves on the on the that's our cba. Is still coming back to you with information what conversations they had or they don't. So so again, like what? And that that's what I was confused. Way, whoever serves on those boards, what effect your position on the ntc point. >> So the mtc board funds the work cta does. Cta influences how mtc funds the work that it does by taking positions on these items. Right. So it's a little bit of a game of telephone. If you have a 3rd person in that mix. So that's that's where I'm coming Does that does that makes heart doesn't actually that that's where I was confused about he will. Why is it so important for the person who serves on one board? >> To be imperative to your efforts on your board and in Raleigh, you, your funding was the the opportunities for this other board. And that's a nice and that's where I was. But I feel like he was saying, no, it's actually imperative who that person ntc is like a regional planning organization for the 9 counties. >> And it determines who, what, when, where, and under what conditions you could say apply for grand or what the rules and regulations for developing housing or try transit are going to be within our region and then it funds jurisdictions based on their compliance with those qualifications of said jurisdiction what to have to

face their funding receipts for funding on those qualifications than you would lobby need to lobby and easy to to make sure that the exemptions are wider or narrower. Whatever it is, the vision of that. And so and then and then the funding comes back. So one of the recent things that I've done really lobby nbc really hard to get cloverdale in the plan. And as you hear that, that's really being put on for the for right. And so that that's really what this is Speaking the speaker of the Senate, you know, 2 months ago to make sure this happens. I mean, so carrying it from the local to the regional to the state is kind of that that train not to use a pardon, the pun Kris Bryant. He was here right to that that that's the purposes of my suggestion. And within with we a page. I just I was confused about why the again, the the puzzling part of years now they're going back to Okrepkie statement. >> Of the 5 budget hearings of the conversations are being had. I would go back to the point of there's no guarantee who serves on it next. But you are correct like, for example, the even numbers are numbers are up for election this year. And there's no guarantee that will be re-elected. And but I just I still am having. Issues of. Why I'm a current mayor will not catch a cop speed such believe was a statement made by Mayor Rogers and Garza COUNCILMAN Rogers and being set and even the mayor there who possibly could fill the strategic position of the smart train moved forward since Chris Rogers has the possibility moving forward and leaving us here on the on the on the on the does the smart train uses is really separate from this because when Chris

does leave for the assembly. >> Next year we will have a member cta. It MAY be any one of us or maybe someone else that we haven't yet met >> but but at that point in time, then it won't even be up to us who is on smart from? >> Or if the city has a position on smart. This the smart thing is a bit of red, a red herring. What I would suggest you look at this as is smart. The reason why we would leave Councilmember Rodgers on his alternate that he can continue to serve out the year and smart. That term expires at the of this year and has nothing to do with who we do or don't appoint this year next year. Really, frankly, any year cta. >> Correct. And my my motion was to leave Council Rogers has altered right front, but just for for clever care clarification reasons. I do want to give council Rick Rick Peas position or strategy of why he would. I want pose but maybe not be alignment with Mayor Rogers being in as a chair of this city Rcp. Will not share primary primary camera, correct? One for me, it's has been my position for the last 18 months. >> And I've watched the meetings that gone to gone to the meetings. I have gone to and I brought myself up to speed as much as possible. A lot of thanks to council member Fleming with some of the issues and so it's one of those things where I again, it gets back to my point of why at this point is is it's we if we have if we haven't had an empty chair in 18 months and

we have 5 meetings it doesn't it. I don't understand why it appropriate to move forward like this because we have representation there. We have represented that representation that's already up to speed. We have resident representation to communicate with each other, communicate with the reps with mtc. I mean, I think I think it's kind of proof in the pudding in this conversation right now that there's 2 individuals on the side of the day is that understand the process is and how things work and representation. What want our cpa and mtc and all this goes versus having to clarify it for those that are not familiar with it. I think it's it instead of going through all of those, those motions again just leaving things as they are. >> Or >> or what have you would be the easiest method cause less stress strain, especially cta in Santa Rosa stat City staff that have to be part of all this. We're going me. I definitely don't understand as only with acronyms because with order really care about them. >> For me, it's more of the position of a mayor. Certain opposition which could have the possibility move forward in the future this war. And we that originally was to teach You I'm thinking a mayor or council member. So that's where we're my my position comes from not so much the 18 months that you spent opposition that might be learned by another councilmember, the future. And the one thing is very clear to on the that we're here forever, really be an 8 years old for >> there any more discussion?

Thank you. City clerk me please conduct public comment on this item. Thank you. We're now taking public comment on item 3011.1. If you're in the chamber would like to provide comment. Please make your way to the podium. Mary c no one in the chamber. Thank you. We currently have a motion made by council member of or is in a second by Mayor Rogers. >> city clerk me please call the vote. Thank you. Councilmember at Rogers is absent Councilmember Okrepkie know. Councilmember MacDonald. I. Councilmember Fleming. Councilmember offer all right. Vice Mayor stop. Are you kidding me? >> This is this is the vote of 10:00pm and 9. 2 strong representatives. >> It's on the agenda. And we're still here. >> All right. I'm torn on this one. I think I got to use the if ain't broke. Don't fix it. Model. We've got we've got a team in place to screw invested. And unlike this conversation because it showed it showed how those 2 individuals are. And how important is it to the council? I'm not a mayor. You would make a great representative for the for the cost of of of switching from for 5 meetings. I to vote no. This time around with with apologies and with respect. >> jurors, But the records show this fails with a split 3. Yes, 3 know. And Councilmember Rogers absent. >> There MAY put another motion on the floor. Okay. Like to Crappie the primary.

>> And Councilmember Rogers, the alternate for the remainder of the year. Also didn't. >> We have a motion made by. Councilmember Fleming in a second by councilmember out for us Councilmember MacDonald. >> Just for clarification, does that allow Councilmember Rogers opportunity to retain seat? Even as alternate? Okay. Thank you. >> I will just say that the the point of it was to bring someone someone else up to speed, but is a that is not the will of the council. That is fine. Councilmember Rodgers can still stay primary councilmember, ok, can still stay secondary. Amanda Councilmember Rogers cannot make the meetings and Councilmember Okrepkie can still I'm eating my motion on the floors for a council compete in primary. >> I was under the impression from your comments earlier, mayor that Councilmember Rogers had a increasing family responsibilities, which is the reason for placing him as alternate. If it's his desire to remain as primary. I will ammend the motion. Can you speak to that? Please so Councilmember Rogers is not here. I can just tell you what he what he told me >> that it would be a good opportunity to bring you up to speed, to learn about that and to participate. And that was his desire. And that is why he would give the primary see in to do that. In addition, he does have a baby coming We can count the days so 18 and tonight we don't worry is so he I will MISS Some meetings. But with the current structure, Councilmember Okrepkie can still. >> Can still attend the meetings of council member Rogers. Okay. >> Can not only my motion as is given that it seems to be

in line with what he he had asked for. And if if he's upset about it, I'm happy to i have a conversation with him about it. Keep in my motion as is. Councilmember MacDonald. >> I think the benefit of actually having Councilmember Okrepkie be the lead on that is that in the event that Councilmember Rodgers isn't there, then we have our lead person. He's been in all the meetings. So he's up to speed me to be pushing Chris out because he's not here tonight, but that that does make sense to me if those 2 are going to remain on as our representatives to switch that out because we know come DECEMBER in a car, going to have a switch there anyway. So it makes sense if if the next mayor would want to continue to have councilmember Okrepkie serving that role than they would be. Then that would show some consistency on our part. That would make sense to me. >> City clerk me please call the vote. Thank you. Councilmember Rogers, absent councilmember ok p I councilmember MacDonald. I Councilmember Fleming, I Councilmember Alvarez. I vice mayor step. I Mayor Rogers, I but the records show this passes 6 affirmative votes in Councilmember Chris Rogers, absent. All right. We are moving on to item 12 approval as minutes. We have one set of minutes and that is for 16, 2024 counts. Are there any corrections to the minutes? >> Seeing none. MADAM City clerk, can you please facilitate public comment on this item? Mayer? There's no one in council chamber. Thank you. We will item 12.1 as prison Moving on to our consent items. MADAM City Clerk, can you please read the

consent items? Thank you, Mayor. Item resolution appropriation of grant funds for payment of overdue water and wastewater charges on customer counts. Resolution or item 13.2. Resolution road Repair and Accountability Act of 2017 Senate Bill, one transportation funding fiscal year 2024. Through 2025 Project List. Item resolution waver a bit and issuance of purchase order for one 2023. Chevy Chevrolet's Silverado and the crane body from Platinum. Chevrolet. Item 13 point for resolution. We're updating issuance of blanket purchase order to Barnes family company dba Platinum. Chevrolet Santa Rosa, California item 13.5. Resolution. So manufacturer bid award approval and issuance of a purchase order for the purchase of 3 2024. Ford. F one, 50 police responder vehicles. Item 13.6 resolution, First Amendment to blanket purchase order number 1, 6, 9, 6, to 3 with Environmental Logistics, Incorporated. That concludes the consent calendar. Incue, bring it back to council. Are there any questions for the consent items? Councilmember Okapi? >> through the city manager, I normally would not have done this and that is go. But he's been here on the Can There's been some questions on social media that I mean, some people during public comment at our past meetings asked about the police pickup trucks. And so I just want to get some clarity for the public. And if anybody here was on, where's to why we're fully outfitted pickup truck to the police department. Thank Good evening. It's been long strike you my answer the. >> Versatility new till and the utility of the trucks has been something that has we've seen a One of the main reasons

that we want them, one of them is going to be assigned to our downtown enforcement team the transportation of large items, bicycles, shopping carts, personal property for safekeeping in storage as one of the main reasons for the truck. The trucks also offer us a unique opportunity when it comes to a natural disaster, large events manmade hazards, things like that. They have a higher clearance. So they're able to go off-road a little more. You're also below the rear of the truck. More often put more supplies and it to be delivered out into the field. Another one is they actually provide a tactical opportunity for our officers given a U.S. Citizen rescue or a officer rescue. It is much more convenient. Easier for officers to load individuals into the back of a truck, then trying to pull them across the back seat of one of our SUVs and allows for medical care in the back of the truck in the event of an emergency. Those are the main reasons that the truck has been a benefit to our agency and buying these 3 adding one to r d e t team will help with all of those. >> How can you speak to the cost as well? I think a lot of people think maybe we're paying a lot more money for these. And don't think we are. >> We are not actually. I was just going over the numbers today before I came and we just purchased a I don't remember the exact number. But the 2020 5 for 2024 hybrid SUVs are approximately 62,000 apiece. The trucks that we're proposing a buyer. 53 1000 pieces are actually about 9,000 cheaper than the hybrid SUVs. >> And I know we've come a

long way from the ground mix. But, you know, now they're making these vehicles the pickup trucks are pursuit rated as well. So we appreciate you bringing it to our attention now. Thank you so much for sticking around. You're very welcome. >> Councilmember Okrepkie did that address your concerns and we're not pulling all right. So seen. No more comments or concerns from council members. We will now go to public comment city clerk. Thank you. We're taking public comment on that. The consent calendar item 13. Mayor. There is no one from the public. In council chamber wishing to provide public comment. Thank you. Vice Mayor >> Make a motion to approve items. Item to 13.6 and we furthering the text. So it. >> We have a motion made by Vice Mayor stop and a second by Councilmember Alvarez, MADAM City Clerk me please call the Councilmember Rogers is absent Councilmember Okrepkie. I Councilmember MacDonald. I councilmember Fleming. Yes, Councilmember all Russ, vice Mayor step. Mayor Rogers. I let the record show the consent counter passes. The 6 affirmative votes in Councilmember Chris Rogers. Absent. Moving on to item since we are already completed item 14, which is our report items. 4, 2, 9, MADAM City manager. Yes, I don't. 15.1 report item approval of investment policy statement for pimco Section One, 15 trust and appropriation of initial funding from open internal service. >> Good evening. Mayor Rogers, vice mayor staff and members of the council and Scott

Wagner and the deputy director of finance here, the city. It's my pleasure to bring this item forward tonight. I promise to land the plane ok on this very late. So bear with me. But we're very proud of this item in the finance department. This item moves forward. Significant opportunity for this council to make a meaningful change. And that's significant liability that the city has Ferraro pad and we're very much looking for the presentation. I'll be going over tonight. Summary of what Penn Kate is. I'm the rare public employee that doesn't like afternoons. I'll take us through an explanation of it all. Go through how this is created an unfunded liability for the city city actions and what we've done in the past for this for this issue, how we set up a section one, 15 trust what our next step is. Steps are. And of time for discussion and any questions that you MAY have I will ask you to indulge me normally I don't give a analogies for the finance items I bring because I don't find them to fit very well. But I do have one for this item. So all take you through it. I want to compare this to saving for retirement give 2 ways that you could save for retirement. You could go down to your local bank, an open up a savings account. There and you could put money in from every single checked to towards your retirement. As we all know, a simple savings account at a bank earns a very, very little interest. And so what would happen if you did this is that you're earning basically no interest, but your retirement keeps getting more and more expensive. Every year you put it off. That's essentially what the city's strategy has

been for this liability so far we're offering is a different approach. And that approach is similar to when you set up a a for one k account that you might have where you're going to still towards him out towards your retirement. But it's able to earn a much higher interest rate because he's invested more broadly and its invested more strategically over a period of time to match your retirement with that. I want to talk move on and talk about what has So the city is contracted with Calpers to provide health care to our sworn public safety employees and police and fire. Because that is the case. There is a state government code that mandates that the city because we contract or a state agency to provide retire. You health to those members. What that ends up being is we contribute the minimum amount towards that. Once the employee retires that qualifies for it $157 per month. We have around 170 employees right now that we're paying for with that all public agencies like us go ahead and do this and we're do throw through the mandate. The problem with this idea is that pink is very different than our pensions. So every month or every paycheck, when when the city pays me, they take a portion of my pay and they send it to Calpers to fund my pension. Pink is not like that. Calpers doesn't receive a portion of our public safety's salaries hold it to pay those future benefits. It's what we call a pay as you go benefit. That's very problematic for us. Finding

finance folks for a couple of different reasons. One, it creates a generational inequity, meaning that once those folks retire, that's when we start paying for it, meaning the next generation is paying for the benefits of the prior. The second problem is that now we have a very large unfunded liability. Place no money aside for these employees. And I know that $173 amount sounded very low. Earlier, but it equals the really, really big liability. Its 25 million dollars. That's on our books right now. This is a city is known about this problem for for a while. It hasn't happened overnight. And the initial approach was that of that analogy that I gave earlier, it was kind of opening a savings account. It wasn't through a local bank. That was just an analogy. But it was through what we call an internal service fund where we started putting money aside through police and fire is budget to fund that internal service fund over time that has built a balance. We now have around. We're going to have around 12.3 million dollars in that account by the end of this year. That's good. That's way better than 0. And I'm happy about that. But again, coming back to that analogy, can't catch up with our liability on this item. These amounts that we're putting into this fund are not earning significant enough interest to keep up with our growing liability. And that's what we hope to address to this action tonight. The current strategy provides a very low interest earnings and also point out something that's critical to us in the finance team when it comes to developing a strategy to fully address this liability, is that when we have it in an

internal service fund. When our actuaries go ahead and they do the math on this, they look at our amount and they say you have saved $0, not the 12 million amount. They say 0 by placing his money in a one 15 trust which we propose to do tonight. The actuaries can actually count that money against our liability. That's going to make a significant impact. And what this number is I debated whether or not to have an actuary sitting up with up here with me earlier, too, show us really fancy math and show us really fancy charts. In hindsight, I think that was wise that I didn't give in the hour and also I didn't feel it was necessary. I feel that this item by could speak to the benefits of it alone and those record carryforward. We're excited about this item. Additionally because we're looking at an existing city strategy that we're finding success with meaning the pension one, 15 trust. And we're looking at that and how we can expand into additional areas of concern. That is time So we're taking a strategy that we feel very good about and that we're seeing very positive impact from that. We know has been successful so far. We're expanding it. I am really excited to see if this is adopted to see what total impact it will make on our operations. I will stress on like the pension issue, which is a much larger issue in much larger numbers. The amount of liability here is something that we can really have a short-term to medium term. Goal of fully addressing. That is going to take more than placing the amount that we

already have. The say Ute into trust and also maintaining the amount that we're already dedicating within our budget. This action does not propose any additional funding, already existing budget. What I hope to find in the short term when we actually get the studies back is an immediate reduction of at least a small amount of the amount we are budgeting. I think we're going to see savings from this quickly. But again, that depends on multiple factors. Something that I will always bring up in these conversations is that we are talking about additional risk. Savings account you set up at your bank has 0 risk. Our opeb Internal Service fund has a very, very little risk to no risk. We're looking at a broader investment strategy that will will come with risk. Like within a retirement fund or anything else, though we are looking at this from a long-term strategy, we're going to be able to sustain immediate short turns in the market. That's not really our focus. We believe that over the long term when we look at our portfolios like this, do they do very well. And our goal here is to be long term and we will be. As part of the discussion tonight in part of the action is to approve our cfo to execute an investment policy. The investment policy is fairly It is based on being a little less aggressive than purrs to be. Frank is how we like to set things up. We like to be a little bit more

conservative than they are. Secondarily, we made this mirror our pension one 15 trust for consistency. We have the same asset allocation with the same goal of 5 to 6% returns. I will add is a secondary no to We've done much better than that in our pension. One 15 trust so far, which I'm happy about. But again, as we know, market returns can be volatile, but I don't believe is as volatile as we take a step back and look at things on the longer term. Without read. The recommendation is recommended by the finance Department that the council by resolution, one authorize the chief financial officer to execute execute the necessary documents for the adoption of the investment policy statement for the city of Santa Rosa. Section one, 15 trust public employee medical and hospital care. At other post employment benefit fund authorize initial one time deposit of 12 million, 281,000. From the opec fun to an internal service section one, 15 trust and increase in pro creations in the opeb funding for fiscal year. 22 2023. 24 accordingly. For the purpose of the funding. Come pet expenses and approving adoption of investment policy as set forth in exhibit a with that. I would welcome any questions or comments on this item. I will add which I did not add earlier, but our goal and finances to bring our pension along with what would be this opeb trust to our long-range financial planning, an audit subcommittee each year. We've been doing that so far. We're 2 for 2 will be 3 for 3 coming up in winter. We really value the feedback that

we receive and that council and the guidance and direction on strategy. We want to be transparent with that strategy. Inconsistent. And with that, I would welcome any questions or comments from the council. Thank you for the presentation and thank you for hanging in there with us. It's been a long night. >> Look at council to see it. There. >> Are any questions. All right, seeing MADAM City clerk, can you please facilitate public comment? Thank you, mayor. We're now taking public comments on item 15.1. However, there are no members of the public in council chamber and most beer cards were submitted on this item. >> Seeing no comments, council member of >> My pleasure. I support for the resolution of the council, the city of Santa Rosa, approval of Western pa for the city of Santa Rosa Session. 1, 1, 5, trust public employees, Medical Hospital Care Act other post employment benefits Opeb fund. And secondly, authorizing the chief financial officer to execute all necessary documents for the creation such a trust. And thirdly, authorizing an initial deposit from 17. 22 opeb fun to this section. 1, 1, 5, trust and increasing appropriations accordingly for the purpose of pretty funny open expenses and wait for the reading of the text. >> We have a motion made by Councilmember Alvarez and a second by Vice mayor staff city clerk. Can you please comment? Thank you. Mayor Councilmember Rogers is absent

cooking. Councilmember MacDonald. I councilmember Fleming. Yes, Councilmember vice Mayor step. I Mayor Rogers. But the records show this passes 6 affirmative votes. All right. Again, thank you so much for hanging in there. And we're going to move to item Teen to which is a report on diversity of this city Council boards, commissions. >> And committees that City manager. Item 15.2 diversity of city Council boards, commissions and committees. Presented by City clerk. >> Thank you, Mayor. Giddy Vice Mayor Stapp Council members, city manager, City attorney. Has introduced him manage your city clerk and I will try move through this quickly, but I'm not known for my is so. Because felt. Let's see here. The report tonight is going to include the charter requirements for the annual report on diversity Firts on at this city, gender in Geographic's progress and success of increasing the diversity of the appointments and then additional data requested by City Council in 2022. 2023, which are now included in the report. Our individual appointment data by City Council member as well as the full council appointment data and age diversity data. So the charter requirements under Section 11 of the charter require the annual report of the Diversity of council appointments and applications received for the following boards and commissions. Not going to go and read through all of them at that. Although the charter does not require reporting on.

Community advisory board Personnel Board, building regulations, Appeals and Housing Authority Board. So we felt it was important to include those statistics because council makes appointments to those boards as well. So write into the data in 2023. We had 79 applicants submitted through our granicus portal for applications to boards and commissions of those 79 applications. They were submitted by 57 unique applicants. 100% reported gender information. 96 reported race and ethnicity and age range. Information in 100% reported home address information that could be mapped. Of those. 79 applications that turned into 54 appointments and again, 100% reported gender information. 95% reported race and ethnicity, information and only 67% reported age range information. And that is some of those appointees were made from appointments or applications received and 2022 and we hadn't started capturing the age range dead. At that point. We'll move right into the gender diversity summary. As you can see here on this side, this is district breakdown of gender of appointments. Of the 54 appointments made 55 or 25 were female. And 29 were male. We're 46% female and 54% male. i do want to highlight district forcing sit particularly heavy with appointments but not all of those appointments were made by the District. 4 Councilmember Councilmember Fleming. Those were made by all council members. Our current council policy, 0, 0, 6, does not require council

members to make appointments from within their own district. Here you can see the actual appointees by appointing authority. And you can see the breakdown all counts. The breakdown by council member. Next. We're going to look at the gender by appointee over time of the 57 unique applicants. Again, 56% part of 57 unique applicants. 56% were male and 42 were female. 42% were female and 2% reported the preference to self described of the 54 appointments made in 2023. 54% were male and again. 46 for female. This is a new data point that we started capturing in 2023, the city clerk's office at the direction of council. We were asked to start capturing. This moment in time detail and you can see over from AUGUST 2023 to MARCH 2024, we have hit increases in our active board member composition in the female category. We have 41% or one percent growth and female appointees. And a decrease in male appointees at 57% is 2%. We did have an increase in prefer not to say. At just a slight increase at one percent. Now, if you are comparing success towards Census data, our Census data shows that a female persons make up. 51.2% of the population of Santa Rosa. So if that were the goal if the goal of our measurement of the success is based on alignment with our census data over making modest improvements towards that. That number.

Move right into ethnicity. So here you can see the ethnicity of appointees by district. Again, the breakdown here is reflective of that. Not align with the council member districts or the council This is. Strictly by district and where the appointees live. And again, council members are not required to appoint from within their own district. This table indicates the council members appointment specifically or the appointing authority. And you can this table highlights appointments made in 2023. Were predominantly Caucasian or non Hispanic and Hispanic. Of the 54 appointments. Total. 40% are made up of Caucasian appointments and Hispanic appointments or 74% of appointees were Caucasian or Hispanic. Census data shows those 2 ethnicity groups make up 94% of our population. So here you see a percentage ethnicity by appointee over time table. And on Page 5 of the report that was included in your agenda packet. There is city of applicants over time. And that indicates that there's a modest shift towards more diverse applicant pool. The percentage of applicants going down over time of cocaine. Jen applicants going down over time and a significant increase in Hispanic applicants and a for suffocation and the remaining ethnicities at the table here shows a more diverse appointee. More diverse appointees by ethnicity in the calendar year of 2023. And this is again, the new data point of active board

members. And you can It excuse increase in the prefer not to say category a decrease in the Asian and American Indian Alaska native Aleutian appointees with no change to the Hispanic African American or api or other multi racial ethnicity categories from AUGUST 2023 to AUGUST 2024. So again, pass councils in the charter did not outline what success really looked like. So just to have a comparison, we were looking at the Census data and you can see here. As of MARCH 2020 for our active membership or active board member composition shows we were at 59% Caucasian non-Hispanic appointees. Where 61 or 60.1% of our community is made up of Caucasian non-Hispanic. 14% of our board composition is Hispanic versus 34% of our population is Hispanic. 7% of our board composition is black or African-American alone data shows the population are census data shows the population composed of 1.8 percent African-American or black. 4% of our board composition is Asian Pacific Islander versus our population data from the census is 6.6 percent in 2% of our appointees are American Indian or native Alaskan port, Alaska, native Aleutian versus the composition of our community is 1.1% within that category. We'll move right into the geographic diversity summary. And historically in per the charter is captured by the community advisory bought Ford not our districts are city

council districts. So we wanted to make sure we're honoring the city charter requirement to include this breakdown maintain reporting alignment. And you can see here that we have 24% of our appointees from the northwest. 18% from the southwest. 6% from the Southwest Southeast Party. 18% from the southeast 6% from the southwest. 17% from the central core. And 35% from the northeast. This trend chart shows that there has been a shift in a more diverse appointments based on 2 graphics from Al Capp districts is required in the charter in a lesser concentration of appointments from the Northeast cap district. And you can see that trend line. The blue trend line here going down and the other 10 minds going at been kind of leveraging out over the last, especially in last 3 years. The peak in 2018 in the northeast category. We speculate maybe can be due to the recovery Post fires in 2017 and members of Those neighborhoods wanting to participate in local government. Move right into the age diversity, some rain and again, 2023 was the first full year of capturing the age data. So kind of sets the benchmark for future reporting efforts. And as you can see, there's been an increase in the self report on age overall for applicants, an incremental change in age diversity across all age categories defined in captured the moment in time counts MARCH and AUGUST of 2023. Here we're going to move into the councilmember snapshots. And this is a really heavy pie chart. It is in your staff. Reporter is attachment one to the staff report. These tables you can

see break down the diversity efforts by council member as of the last 2 reporting dates. Again, AUGUST of 2023 and MARCH of 2024, this was a table that was be added starting in 2020. Was requested in 2022. And so we started capturing the data in 2023. So it. Again just to know that the current council policy on board appointments does not require that council members appoints only from their own district in the district's on these tables line with their council districts, not the cab. So you could have some accountability accountability by Council member. We just saw Councilmember Alvarez Council members are Vice Mayor Stapp. We'll move right over to Councilmember MacDonald in Councilmember Fleming and District 3 and districts 4 respectively. Me that for just a moment. I'm sure you study this before the meeting so many moving along. We're going to go into Councilmember Rogers and Councilmember, okay, districts 5, 6, respectively. And then we'll go to buy at Mayor Rogers in district 7 in the full council appointments. So the city clerk's office has historically relied on recruitment efforts in the press, Democrat and the both announcement and their social media in the city. Connections, newsletters and report out by city council members or boards and commissioners at their board meetings. We have through the efforts of our deputy city clerk, increased our recruitment efforts over the past year, including posting in distributing recruitment fire and multiple city owned locations in a town hall meetings. We at now email the fire to a group over 45 community partners including

Sonoma State Santa Rosa, j c look, our local libraries, our senior centers and other community groups we have posted the or to request to be a part of that announcement or that circulation group on the city clerk's website or on the boards and commissions website. So we can add to that list with additional. Community partners that there are quite at their request. Future recruitment ideas MAY include advertising in our biannual activity guide of space allows through recreation and parks and participation and more community events. However, we have found that the best recruitment efforts are made by word of mouth from our council members from our existing board members along with related support staff who support those bodies. Looking forward recruitment efforts. The city clerk's office will be putting on a boards, commissions and committees outreach, informational meeting in the fall. We usually do that ahead of the election cycle. So any newly seated council members or existing council members will hopefully have a deeper pool of applicants to select from to make their appointments. That community outreach meeting go over what it means to serve as a boarding commissioner. The meeting dates times frequencies and locations of those meetings so the public can have a better understanding of what it means to serve in what that. The level of commitment it takes to serve on those boards. And since I have the time our current are up here, we have a board of building regulations appeals a community advisory board, a design review board. They can see Ringites Sonoma

mosquito Vector Control District Planning Commission and Sr tbi, a full hotel full service hotel operator position available. Another we have created is this qr code. I think we've sent it to council members and staff to download to their phones as you are talking to an interested community members or a passionate community member. You can show them this qr code and it will take them to as our city dot org forward. Slash boards so they can find out more information and apply. It is recommended by the city clerk's office at the council by motion except the 2023 annual report of diversity of City Council appointees and provide feedback for future reports. Thank you very much for that presentation. We have no one. >> In chamber to give public comment Jalen, would you like to give a public comment? No, okay. >> So looking to council members to see is anyone has any >> MADAM Clerk, that was a release, a single presentation. Thank you for that. You get the points and you've got us through. >> She went minutes off my I was trying to make time. >> Councilmember Fleming, can you or thank you? >> I I do have a in addition to your work and doing too many things, the vibe, you can do this and do this well as

really impressive. >> I said the same thing last year, but in the last 12 months and know that I'm the one thing he view all of your pillows. So the more attentive uninterested you look the faster ago. >> So >> at any a year ago, I made a similar comment to him and make now, which is that, you know, some of us do better than others were intentional about it or where we have access to a different pool of applicants or whatever. The reason is, I don't I don't throw any shade on anybody. But what will talk about briefly, if you're lucky, is that the council as a whole doesn't much worse than any one of us is an individual. And this year we have not had and opportunity to put too many people into the seats. And when we did have the chance with the Afd, we did do better. And so I just want to say one more time to see that next year or in the if we choose to fill those vacancies this year that we try to be thoughtful and make sure that we get the white and brought us pool of applicants here, which is a total team sport and team effort. If we bring in a broader pool of applicants, I believe our chances of improving representation across the city. Do go up that and you all got to stop poaching from district 4. Have issues so with that all moot except the annual report of the diversity of City Council appointees for the reporting year of 2023 and provide feedback to staff and future report said We have a motion made by Councilmember Fleming in a second made by Councilmember Alvarez. But I

would just like to point out that we're not poaching from district 4. >> Your constituents are so eager to get involved in local government that they come to us. >> Right. And that that is part of the I mean, I say it in jest, but there is a structural issue. And then we have to be particularly mindful of that when we appoint people so that we're not just going with the people who are there and available but really cultivating the bench from all regions because we know the talent is universal, but it's not always obvious. So you're you're right there. >> And with that, MADAM Deputy City clerk MAY be please call the vote. Thank you, Mayor Councilmember Rogers is absent councilmember Okrepkie. Councilmember MacDonald. Councilmember Councilmember Alvarez right. >> Vice Mayor staff, I Mayor Rogers, I the motion passes with 6 affirmative votes with Councilmember Rogers. Absent. >> Thank you very much. MADAM City one for your wonderful presentation in 2 for hanging in there with us it. We haven't had very many long meetings like this in a while and also thank you, MADAM Deputy City clerk for the same. We have completed 16. >> We have one written communication. You can read it at sure. >> public comment. We have no one to make a public comment on the written communication. >> We have no one in the chamber to make public comment on non agenda matters. And