City Council

i told one. 59. Well, none of them. Good afternoon. I'd like to the interpreter currently on the Spanish Channel to commence translation of the meeting. For those just joining the meeting live translation in Spanish is available. And members of the public or staff wishing to listen in Spanish, enjoying the Spanish channel by clicking on interpretation icon in this new tool bar. It looks like a glove. Would you join the Spanish Channel? We recommend you shut up the main audio so you can only hear the Spanish translation. How low will you please restate this Spanish? Being video so that don't know. >> But I don't get a sense he would only on into pedestrian and vehicle. Know when even member of person send equipped with it, we need to going. I don't need to say I got to so can with the intent. But that camp. But it's not a lot of the fortunate come Global tech. You. We're not assuming kind of the unknown said a commune that Mario but okay, sort of coach and lying us. A minute. >> Welcome everyone. To our JUNE 3rd, 2020 for Santa Rosa City Council meeting. It is now to 2 and we will be starting our meeting. Scenic or City clerk, MAY you please call the >> Thank you, Mayor Councilmember Chris Rogers. Councilmember Crappie Councilmember MacDonald Councilmember Fleming Air Councilmember PRESIDENT Vice

Mayor stop here. Mayor Rogers PRESIDENT, let the record show that all council members are present with the exception of Councilmember Chris Rogers, thank you. We will now proceed to item 3002.1, which is our closed session. >> Item of the day we have 3.1, 3.2 3.3 conference with legal counsel, existing litigation. 3.1, 3.2 is conference with legal counsel anticipated litigation and 3.3 conference with labor negotiators City clerk. Can you please facilitate public comment? Mayor? There is no one in council chamber wishing to provide public comment. >> Thank you. We will now recessed into closed session. You welcome everyone to our JUNE 3rd, 2020 for Santa Rosa City Council meeting. It is now 4 0, one and we will be starting our meetings. Unicorn. City clerk. Can you please call the roll? Councilmember Rogers Councilmember Okrepkie here, Councilmember MacDonald here, Councilmember Councilmember over U.S.. PRESIDENT Vice mayor stop here Rogers PRESIDENT, let the record show that all council members are present with the exception of Councilmember Chris Rogers, thank you. We have no study session today. So we will continue on to item 7, which is our proclamation. Really 9 to Yeah, that's looking for it. Sorry. We will not go to our proclamations will actually have report out on our closed session item. Thank you, MADAM. Mayor Councilmembers there was no

reportable action taken in closed session. That's the end of my report. >> Thank you. Now we will go to our proclamations. >> we have one proclamation which will be read by Councilmember MacDonald. >> Thank you, Mayor. >> So I'm going to read proclamation, whereas since 2017, the city of Santa Rosa was threatened and directly impacted by the Tubbs Kincaid and Glass fires. And whereas the tubs fires was one of the most destructive wildfires in state history. And whereas according to the National Interagency Fire Center, Humans Cause an average of 68% of fires per year in the United States. And whereas in 2021 8,835 fires burned 2 million, 568, 984 acres across California. And whereas prevention campaigns and public outreach to collaborative efforts is fundamental in reducing the threat of wildfire. And whereas wildfire preparedness is year around and takes all of us to safeguard our lands, our communities and our livelihoods by reducing hazardous fuels, creating defensible space home hardening and taking personal responsibility for actions now, therefore, be it resolved that our Mayor, Natalie Rogers and the city of Santa Rosa on behalf of the entire city Council do here hereby proclaim MAY 2024 as National

Wildfire Awareness Month. Thank you very much for reading that proclamation. >> So I would like to invite that representative of the representatives that are here to receive this proclamation to make a comment at this time in after those comments were made, I would like to hand it over Adam Sinclair can facilitate public comment. >> Thank you. Mayor Rogers, Vice mayor members, the COUNCILMAN Is Paul Lowenthal division chief fire marshal with the San Jose Fire Department. Joined by members of our fire prevention through our department. Want to thank you for recognizing the proclamation as well as the overall Wildfire awareness. I feel the efforts that our communities taken the support that we have for council, whether be in the form of approval for contracts or vegetation management work support for local ordinances state legislation as all paying we've seen obviously the impacts of our community and we've seen how aware are community is in the measure they've taken have definitely paid off. Yes, we still continue have fires that we've been able to keep those fires small, allow the work that people are doing, whether it's defensible space weed abatement of vegetation management activities to truly payoff. So we're hopeful that the work that's been done over the last through MAY and making people wildfire will pay off the summer. The city of Santa Rosa at this point plans to declare the start of our local for this upcoming fire season. Starting on JUNE that will officially suspend burn permits within our

community and kick off our weed abatement a inspections. It also be accompanied by the most recently approved vegetation management ordinance and some of defensible space meant inspections that will start this year. And we're also happy to report that we are making some good progress on our promise to come through with grazing. So with thank you very much. >> Thank you. We're now taking public comment on item 7.1. 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 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. The first public comment will be from doing. >> Hello, my name is Dwayne Williams, Rosalynn and I want to thank the fire crews, especially engine number 8, which is on Burbank Avenue at the Rosen Fire Station. Those guys do a bang-up job. They do good things when we have fire problems there roads and that you sometimes wouldn't think about. We have an area. So almost 20 acres that needs to have that defensible space vegetation management sits right up against houses. They're on in avenue and that's between Burbank Avenue. Make men. So just once again thanking the fire department for all they do and all the good things. And then but no word out there to you, folks that we need what's it called weed abatement? Yeah, that's it. That's the stuff we need over in. Roseland. And we need is soon as possible along Burbank Avenue between in avenue on the city-owned

property. It was bought with taxpayers money from Sonoma County and then donated to the city. And we appreciate that. The mayor and the city Council people, Eddie Alvarez and MISTER Status, McDowell of come out there and seen recently. So, you know, that grass grows fast. Some of that's already up. This has my shoulders right now. So please come on that 7 of the good clean up time. All the best to you. >> Thank you, Mayor. Mc no one else approach the podium for public comment on this item. Thank you. I would now like to take the opportunity to invite you guys down to take a picture with the council. That all run at one time. Come on down. We will now continue to item 8, which is our staff briefing for today. MADAM City manager. >> Thank Mayor. Good Evening. Council members so item 0.1 is our community Empowerment Plan. Update. >> Good afternoon, Mayor Vice mayor and city council on a of that community engagement manager with the city with the communications and into relations And I will provide you with the community Empowerment Plan. Update on JUNE 15 dependent police auditor would be precedent will be presenting their findings in annual audit report about the Santa Rosa Police Department at the community meeting. The meeting will be held at the utility field operations. 35 Stony Point Road Senator from 06:30pm, to 08:00pm. Next on JUNE 15 violence, prevention partnership 0 would be table in at the city's Juneteenth celebration at Martin Luther

King Park to New York. 6, 7, 1, hand street from 10:00am to 06:00pm. Finally, Francesca Roberson the city of Santa Rosa. The eye Wolfson will be providing in beef up the seed collaborative and implementation process and work towards the city equity plan. Thank you, Ed. MADAM Mayor. Vice Mayor council members, city manager, City attorney >> we are here to provide an update on the progress that and the work that is being done as outlined by the seat collaborative on the city's equity plan. First and foremost, we are excited to announce that we have reached a major milestone with the successful recruitment and selection of 15 individuals from diverse Departmental and dei be lived experiences as the committee members that will form vive the voices for inclusion belonging in Equity without first meeting being scheduled for JUNE 6 this Thursday. We are very excited. That is a very key point of our equity plan. It's the beginning. Secondly, through the collaborative efforts myself as the dei officers seed and our executive leadership team, we were able to successfully launch and complete 3 individually focused surveys that resulted in the refinement of the final consensus on strategies that will guide next steps for the vibe implementation monitoring committee for the City Equity plan specifically for

recommendations. 6, 12 13. Lastly, I'd like to give an update on the incredible work that is being by Ipt team, which of course, was 6th, with recommendations from our c e t team, which was the initial team that outlined recommendations for the work that we are in progress doing. They are at the final stages of completing and refining Recommened 8. Recommendations and strategies for the remaining stuff. Remaining implementation strategies as recommended by our city equity team. We are excited to work is in progress. Thank you for allowing us this space to share that update. That concludes my presentation. >> Thank you. That concludes the community about update. I don't know if you have any questions. >> looking at council to see if there are any questions. Seeing none. Thank you very much for the presentation city clerk. Can you please facilitate public comment on this item? Thank you. We are now taking public comment tonight 8.1. If you are 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 public record. If you choose to do so. The first public comment will be from. >> Hello. I'm doing too, with from Rose and I want to thank the team that put together this report just now and also want to thank the city for

pursuing the idea of equity in all they do is something that's it's time is to basically. So so glad you've come forward with this and community empowerment involves also you folks reaching out each of you and your district and finding people in the district to work with you on how we can get equity and equality throughout all of the city is going to do. That's been happening district one because MISTER Alvarez has been reaching out. He's probably too modest say anything about this. But what's been going on is that people out there and putting together a business organization along Sebastopol Road and as be led by women. And it's really important because they've been there a long time with their bricks and mortar businesses doing good things. I'm just there's a bit of an observer like like to do here also. So thank you kindly for all that you're doing. Equity is such a great word. I like equality. Also, thank you. >> are seeing no one else approach the podium for public comment on this item. Thank you. And again, thank you very much for the presentation. Moving on to item 9 that city manager and city attorney's report. City manager. >> I have no no this afternoon. And I also have no report. Thank you. >> We will now continue on to item 10. Which is our statement of abstention by council members. Seeing none. We will continue to our. Council member and mayors report. So I will. >> Kick us off with the Sonoma County Homeless Coalition board meeting.

All right. So we will go back. 2 abstentions saying Councilmember outburst. Thank you, MADAM Mayor. >> On item 13.7 out of abundance of caution. I will be recusing myself from that item. Because involved in the cannabis industry. And the potential of policy conversation possibly happen. >> You know that by Vice Mayor so we will continue on to reports and I will kick us with my report. Sonoma County, Homeless coalition Boardman on MAY 22nd the board seeded a new a new member. Sounding in Norris something is the vice chair of the Dry Creek Rancheria to fill a recently vacated at large through DECEMBER. In the preliminary 2024 point in time, count results will be this JUNE with the final report anticipated later this summer. The county has released a request for proposals speaking in operator for its interim housing sites, make easing placed in as well village formally. Still goes village. Responses are due by JUNE. So fast approaching and the board has a standing item on the agenda to discuss. Lessons learned I'm a social advocates for youth Closure. Community Foundation shared during the board item that a program resilient organizations is currently being developed to foster collaboration between funders and nonprofit agencies and to prevent future closures

whenever possible. I also had the pleasure of attending quite a few events. So I will just try to go over them very The 19th Latino in the workplace conference, Yuri Tree in flag ceremony and lunch. The 8th annual Community Baptist Collaborative mental health Conference which was also attended by our own srpd. I was honored to speak at the Memorial Day event at Santa Rosa Memorial Park. The ceremony was honoring those who have made the ultimate sacrifice and service to this country. And there was quite a turnout. So. Thank all those who attended on MAY 20th, which happened to be my birthday. I was able to share it with srpd at their swearing-in ceremony. So that was fun. Thank you. Chief, for the invite. And if I recall correctly, we were able to swear in our 20 female officer. Like hats off to our pd and all that you're doing to embrace our diversity, equity and inclusion MAY 29th the Latino service providers 2024 California, nonprofit of the year. I'm honored executive director's death to me. Norrie and her team. And on MAY 31st. I was able to attend the Indian Education Committee, graduation and promotion ceremony celebrating the class of 2024. Both high schoolers and 8th graders. So that was really nice in on

Saturday. The first I was able to participate in the Sonoma County 39th annual. Pride Parade and which I had a great time. And thank you to everyone for showing up and the council members that participated the city staff, their families. We had a lot of food and throwing candy. >> just a lot of fun, but just to walk around after the parade was great to see so many people. >> Out there embracing the pride that everyone had So I enjoyed that. And thank you to the Sonoma County Pride Committee for creating such a wonderful experience for all of us to enjoy. Later on that night, I was able to attend the Srpd Canine barbecue dinner Silent auction fundraiser. Which was a lot of fun. And I think that they were able to raise a lot of money. So that was good to help take care the canines. Those that are in service and those that are not in service anymore. And a JUNE 3rd, lastly, the Santa Rosa City schools and Santa Rosa City Council at Hawkeye was able to the 10 that and we are continuing to work on you so. We will look to Councilmember MacDonald. >> Your and just a few things to report out. I want to say thanks to our public works Department for all the work at downtown City works couple weeks ago, I went to one of the b# # # # and they had a trivia question. And I do want to say that I wasn't quite as

good as assistant city manager and that he actually knew all the answers, which was impressive. But I knew of my fair share I read the a lot of the answers were there. So it was a it was really a fun idea. It was very interactive with the kids downtown. So I appreciate all the work going into that we participated in the Pride Parade and that was great and it was fun to see so many people out there embracing our lgbtq, community. And and and I really enjoy being part of that parade. And I too attended the Srpd canine fundraiser was a sold-out event. I think it was their first event this year. And so I look forward to attending next year's. Well and also attended the city school subcommittee meeting with Mayor. Vice mayor >> It has been busy downtown the last few weeks. Thanks to everyone has made the parades Any other gatherings? It's been a vibrant environment. Exactly what we want downtown and was also vibrant this Saturday at Howard's Park thanks again to the Southeast Greenway team, the city of Santa Rosa Parks and Recs staff and some will have snow coming. Land struck land trust. They held a child in the which is I think the 4th generation of this event where they had 800 students, young, young children and families there to enjoy park and also to learn about the new southeast Greenway Park that at some point and hopefully the very near future is going to be a big part of our local park system. Alright, commuters had a chance to see what the plans are for the Southeast Greenway and start offering their input. As I think most of us in this room know that's going to be a huge project for the city. But just

a fantastic new addition to new addition to our parks and bike path options in the city in the years to come. So fun to be part of. Thank you. >> And with that, MADAM City Clerk, can you please facilitate public comment? Thank you. We're not taking public comment on item 11. If you're in the chamber and would like to provide 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 he approached the podium. Please state your name for public record. If you choose to do so. Please go ahead. >> Hello. My name is doing to from Roseland and I'd like to thank the mayor of Santa Rosa for coming to the Memorial Day commemoration at Veterans Memorial Park. Many of U.S. Call and it was so good because she was there speaking. >> And she's related to a veteran says she understands deeper than most. Some of the sacrifices have been made by families have to deal military service at this point. I'd like to mention that today is the 80th anniversary of the kickoff d-Day. Basically 80 years ago they started to move forward on their actual invasion of Americans, Canadians and British going in to say France from Germany from not see fascism. That's something we should keep in mind. No matter what happens in our future because fascism can raise its ugly head in any country. One of the things

that's really very nice today, a group called Vet Connect, which has gotten a Santa Rosa Merit Award in the past. They held one of their meetings and a man from there. He found out I was veteran. Gave me what's called a challenge. Coin and on the merits a veteran is someone who wrote a blank check made payable to the United States of America. >> For amount and up to and including their life. >> There's over 9,000 Americans buried on the hillside above Omaha Beach in France. And it's big holiday in France that Americans went there and gave their lives to saving many, many people from fascism. I think we need to keep that in mind and not let fascism rise in our country in the future. So I hope all of our elected officials will pay attention to the fact that we also have memorials and commemorations for veterans here in our land. So come on out next year Memorial Day. It's a really nice day at that ceremony. We called the avenue of flags and every flags put up, the big ones are from the caskets of veterans who've served our country and have since passed. Thank you for your time. >> Thank you, Mayor. Mc no one else approach the podium for public comment on this item. Thank you. We will now move to 12, which is approval of minutes. We have. >> 2 sets of minutes. Biden a 12.1 which is MAY 7, 2024 and item 12.2. Which is MAY 8, looking the council to see if their councilmember MacDonald. >> Thank you, mayor. I just have a question on for a point of clarification Page 19 of 21 under the motion made by Councilmember Rogers and seconded by Vice mayor. It showed the amendment that

Councilmember Rogers made. But I actually made the Second Amendment and that's not stated in this in this particular motion just as clarification, was it because it was accepted as a friendly amendment to his motion that it's recorded this way or would it need to read that? I made a secondary amendment. I can go back and confirmed the minutes, but I believe what was captured or listen to the recording. But I believe what I captured in the included your friendly amendment. It included as a friendly amendment. So it was it recorded this way. I understand it. It an Great. Thank you for the clarification being and you always do such an excellent job on the minutes. I just wanted to make sure it was recorded Prop really and I check it. Thank you. Thank you so much. >> Are there any other corrections from council members seeing none? MADAM City clerk, a new police facility. Public comment on the Thank you. We are now taking public comment on item 12 approval of minutes from a 7 to MAY 8th if you'd like to provide a comment but have not yet provided a speaker card. Please make your way to the podium. You'll have 3 minutes and a countdown. Timer will alert at the end of that period. As you approach the podium, please make please state your name for the record. If you choose to do so. Mayor mc no one approached the podium on. Approval of minutes. Thank you. We will now both sets of minutes as presented no amendments. >> Moving on to item 13, our consent items, city clerk. Can you please read the consent items? Thank you. Item 13.1 resolution blanket purchase order 1, 6, 4, 2, 0, 4, a increase in compensation for one year extension with Dew

tab usa Incorporated. Item 13.2 resolution amendment to the fiscal year. 23 2023, 24 adopted budget and approach appropriation of $263,000 from the General Fund Reserve to pay for the settlement agreement between the city of Santa Rosa and green number 2 homeowners association. Item 13.3 resolution, general municipal election NOVEMBER 5th 2024. Calling the election requesting consolidation with the statewide general election in adopting regulations pertaining to candidates, statements. Item 13.3 even solution extension, a proclamation of homeless emergency. 13.5 ordinance adoption. Second reading ordinance of the Council of the City of Santa Rosa adopting text amendment to the Oakmont plan development pt 63 Dash 0, 0, 1, policy statement including modifications to one update the boundary Maps too default to the city. Zoning code for land use permitting requirements consistent with the general Plan Land use designation and 3 established compatible use is with parks and Recreation Land use designation. File number are easy to 3 Dash, 0, 0, 2, Item, 13.6 adoption or ordinance adoption. Second reading ordinance of the Council of the City of Santa Rosa owning the property located at 5, 8, 1, 7, Highway 12 to the rural residential Scenic Road, a resilient city. Our dash 2, 0 dash s r dash. Our seas owning district assessors parcel number 0, 3, 1, dash, 0, 9, 0 Dash, 0, 4, 1, file in x 2, 3,

Dash, 0, 0, 1, ordinance or 13.7 ordinance adoptions. Second read ordinance of the Council of the City of Santa Rosa. Amending chapter 6 of the Santa Rosa Municipal code and adding a new chapter 6 dash 20 entitled Regulations, Regulation Retail, Tobacco sales. In prior to bring it back to council. It could just be my ears. But I wanted to clarify that item. 13.4 is actually the extension of proclamation of local. >> Homeless emergency. I think you said 13.3, twice. So could just mayors. Just want clarify for the record. Thank you. It is 13.4 resolution extension proclamation of local homeless emergency. And I MAY have said it So thank you. And with that, we will bring it back to council to see. There any questions? >> Vice mayor is >> Thank you, MADAM Mayor. Yes, I do have a couple of questions on item, 13.7 or >> I going to request that. We go ahead and hold those Since Councilmember Alvarez has to recruit recused from item. And then we just go ahead and do 13.1 through 13.6. Are there any questions? 13.1, 2, 13.6. Seeing none. We will now take public comment items. 13.1 through 13.6 City clerk. >> Thank you. If you're in the room and would like to provide public comment on 13.1 through 13.6, please make your way to the podium. If you have not provided a speaker card, 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. Do have 3 names under the consent calendar as a whole. If I call your name and you are wishing

to speak under 13.7, please hold your comment until we hear that item in its completion. The first public comment will be from Dwayne followed by Doctor Eva. Great, great arm, wrong. Please. Go ahead. A little. My name is Duane de wit. I'm from Roseland. >> Today at the Sonoma County Board of Supervisors meeting there was discussion about our homeless emergency county wide and the discussion centered around how to provide more affordable housing. Idea perhaps by some people is that you lower impact fees and more housing will get built. One of the things that's important is that also today, a veterans group called that's connect. They had a meeting there, which they do every Saturday, skinny Tuesday morning and veterans come in who are homeless looking for services and there are a lot of homeless veterans here in Sonoma County. Unfortunately, there's not enough of the housing vouchers apparently they come from the housing urban Development, Veterans Affairs, supportive Housing program. I couldn't get an exact reading on how many vouchers are available. It's been said some are available but veterans aren't getting those vouchers. What I'm hoping is that you folks, as you prolong the resolution and make sure and keep the eye on this homeless emergency that you look into ways to getting more funding through the already existing government programs through both the state of California and the federal government, housing and urban development people. They've been giving money for years to try to help resolve

this situation. And unfortunately here in our community because the prices of things are going up so high. The problem continues. One would think if we just build more and keep building and building even more, that that will outgrow the demand supply. We'll finally be so much that rents will come down. But many folks doubt that they think because housing is not just. Commodity, it's an asset for many people try to grow its price so that they will be able to profit from having owned a home or perhaps what they call real estate investment. So there needs to be some sort of a new paradigm for you, folks to help deal with homelessness rather than just rolling over the resolution for the homeless emergency. There's got to be some answers, hopefully within the next few years because you're now entering in to a budget downturn, deficits. They're going to continue to be with you for perhaps a number of years. So perhaps needs to be a form of some sort with the county folks and not just the usual suspects of the coalition's on homelessness and things like that. But actually talking to folks who are out homeless veterans, homeless folks, even though Kara tosses been built over here, you'll still see half-a-dozen to maybe a dozen homeless folks out under the overpasses out there on the edge is not in the system. Thank you. >> Thank you. The next speaker will be doctor Eva id and then great damron. If you again, if you're speaking on 13.7, the tobacco item, please hold your comment. Intel. We move to that item. Thank you very

much. Mayor looks like the remaining comments are for 13.7. Thank you very much. And with that Vice Mayor, can you please make a motion? >> I'd like to move items. 13.1, 3, 13.6. And we further in the text. >> have a motion made by vice mayor stopping a suspected by Councilmember MacDonald city clerk. Me please call the Thank you, Mayor. Councilmember Rogers is absent Councilmember Okrepkie. Councilmember MacDonald. I councilmember Fleming. Yes, Bres. All right. Vice mayor stopped yes, Mayor Rogers, I let the record show this past the 6 affirmative votes. Thank you. And with that temporarily, we will be saying goodbye to Councilmember Alberta's. >> And we will continuing with teen point It looked like we had questions, friend Vice mayor's that. >> Thank you, Mayor. >> And thank you. In advance assistant city manager, I'd like do it. A little bit of clarification on a couple of the items that we not only in our last meeting, but also our original study session over many months ago in the 2 items. I some clarification on consist of license transfer process. And then also the the fine and license revocation structure. All right. I'm I have met over the last week with members of the business community that that shined new light. On these 2 and show that they could be more adverse more inversely impacting to businesses, then

perhaps as a parent, we had this discussion. So I want to clarify what exactly our process was and what our intentions was or what our intentions are with these with these 2 issues. Starting with the license issue. So as I recall from our discussion council was focused on limiting license transfer to either members of the same family or or within the trust. And again, should I should take a step back. Our goal, which we which emphasized discussion is that we want to limit the availability of tobacco products and devices to minors. But we want to do this without unduly burdening local businesses, especially small business. And my concern with the with way they were handling license transfer is that by limiting the license, the the tobacco license transfer so narrow way that we're under cutting the value of many of the small businesses more than we'd anticipated. I was worried he would just confirm what what our current ordinance states and the possible impacts of that the revisions. Thank you very much. Vice Mayor staff. I when we did the study session back in NOVEMBER, there was clarification by counsel that the intent was not to necessarily reduce or the number of licenses or ultimately reduce the number of retail businesses. >> But it was to begin to an established boundary around the youth oriented areas and in doing so other municipalities in our area have addressed that is they've incorporated rules associated

with transfer. And that same language that was utilized in Petaluma that that states, if you are within a corporation which includes family member or other type of llc. However, you're listed in there. You can change and adjust ownership within that corporation and the license and the grandfathering of that license would transfer with If a property or shop is sold and the sale is outside of that corporation. The new owners would have to fully comply with the conditions of the ordinance. Not every municipality or every jurisdiction within the county has that type of language. But given the feedback that we got from NOVEMBER, that was the direction we decided to pursue. There are other alternatives that we can that we could look So from understanding the impact of if you if your family owned business that has that at the moment resides within, let's say it's too close to a school. >> And you want to sell your business, but you don't have a family member or some kind of corporate community, corporate interest to sell to and suddenly you're selling your business without the benefit of that license, which can have. And significant impact on the value business that sale. Yes, vice mayor. That's correct. Is that the business itself is a. >> Couldn't be sold at can transfer depending upon what other products that they're can still be sold by. We would not reissuing knew or were not issue a new tobacco retail license to that new owner. If they're within the youth oriented boundary. All right. Thank you for that. Clarification is unlike my concern. My college is

obviously that were impacting especially small family. Owned business is more than that. We and wanted to. >> So want to highlight that And then the second, the second question that I had and it's this relates to the license revocation and to the to the fine structure. As recall from our discussion, again had looked at several options around the county and state. We did settle on an that is different from both the county's unincorporated license, revocation fined structure as well as abc's Alcoholic Beverage Controls. Find structures that correct, that that is correct. Sarin tend again based on the feedback we receive during the study session was we wanted to most severe penalties that we could impose in an effort to reduce the occurrence of sales to youth. And so as the team was looking at what options we had, there are sections of the government code that give us the authority to penalize violations based on sale to you specifically. Those are the most stringent by comparison other violations that we could potentially reference. And that was what we brought to council for consideration. 2 areas of concern that I heard were first of all, that the license to put the link to the license revocation for the first offense was significant. And also that especially for owners that have multiple shops throughout threw over have shops in multiple jurisdictions say throughout the county that there that they were dealing with different rules at each of the

locations. And again, it's a small biz. It is a small business owner. It is tough to track all those different. All the different jurisdictions. So there was a desire to have as much uniform possible with Santa Rosa's perhaps to bring it in line with what kind counties and abc's, for example. That was that was this was the second item that item of concern that I want to highlight for and open to feedback from colleagues. And again, thank you. Vice in working with county of Sonoma to develop the language within the license in particular, the suspension component. It does reference and up to. And so there's discretion that's provided to both county who are hoping will enter into a demo you for I write with teen inspections and for that initial discussion with retailers, but also as it moves into more defined penalties and enforcement for a code enforcement gives us flexibility to be able to determine what that suspension might look like. Also in those discussions were developing. These the idea was to be as close to conformance with other municipalities that have established a taco retail license and and so that that time frames that we've incorporated there aren't the same as every agency, but they seem to be the norm and the direction that most agencies that are revising their older versions are going. Thank you for that context as well. As for highlighting the flexibility that are that we potentially have as we as enforce the coats. Again, might my concerns are that?

And as we as we move forward in protecting young people in the county and making sure that that tobacco products in tobacco devices are less available to them, that we're not unduly paralyzing, especially small and family run businesses more than we need to have the impact that we won with the with this ordinance. >> Are there other questions for 13.7? A question, but I'd like to respond to vice comments. I do appreciate. I think we all really value our small businesses and our small business communities here. I think that the reason, especially around the transfer or reducing the transferability, it does reduce the value. And I think we do need to acknowledge that reduces the value of the business because it takes out a component of the business which is known to addict and kill people. And that's why we're doing it. It's not that it's not a cost. It is a cost. But the cost that we bear. We ask our community to bear because of the damage that it does to our youth. In the long run. And so I think that it's it's an unfortunate consequence. But there have been, you know, the United States and many developing nations and developed nations around the world. We have a track record of eliminating. And reducing certain types of commerce because they harm people. We no longer have lead paint. We no longer allowed people under. They do. You can go to the military, but you cannot drink alcohol in the United States until you're 21 years of age. We do these things and we know that they they impact commerce and our

economy. We know that we we make up ground on the back and because there are fewer morbidities and mortality is associated with these policies. And so to your example, around one near a school, tobacco retailer near a school not be able to transfer license the benefit there. And in my mind is that there are fewer children will have the opportunity to buy 2 back on their way home from school. A cost that I am sorry that someone has to bear, but it's not as though they lose their business. They lose a portion of the resale value and a business is an investment in investments. Carry risk. And one of the risks is regulation. And regulation occurs in the public interest. And so that's the frame that I look at this and I'll be voting Councilmember a puppy. Thank you. And I guess I had couple clarifying Councilmember I didn't hear you say to start talking. >> I apologize. Thank you, MADAM Yeah, I'd say. >> I appreciate Councilmember Fleming's comments. It. Big. They've you're more towards a ban on tobacco. Tobacco retail license. And that's what that's part of the discussion that would like to see had here is are we trying to ban tobacco outright or are we trying to? Our businesses with an enforcement mechanism for selling to use. And so that is that's those are 2 different things to me. And I have no interest in revisiting the flavored devices. Any of that. But I also do. But I but I do the vice mayor's concerns

about impacting our small businesses and family-owned businesses. And wow, yes, tobacco is a part of that it also is has an effect on on those retailers. Other aspects. You know, you know, one really goes to a corner store to buy a gallon of milk, right? They they go to a grocery store. The Instacart it convenience or the convenience store because it's convenient. You get things there that are convenient. And if you're there for one thing, you can grab another I would venture to guess that overall sales would be impacted in this. I'm not just with tobacco, but with all the other items. And so while I do I think the entire county concerned about the availability of tobacco to children attractiveness of flavor tobacco's to children. I do think that we need to be cognizant of the impact that has on the business community. Don't think those are mutually exclusive. I think we can do both. >> Councilmember MacDonald. >> Thank you. I heard you that time. I appreciate that mayor and apologize. Councilmember Okrepkie. So I completely disagree with you. Councilmember Vice mayor stop on on the value of this. And and my sentiments are aligned with Councilmember Fleming as far as the We're saying you're you're talking about family-owned businesses. Ordinance allows a family-owned business to

transfer that. So wouldn't harm my family owned business. It It doesn't prevent them from from continuing into family or family legacy. If it was a second generation owning it as far as the second part of reducing fees. My question would be what happens somebody is selling liquor to an under minor. What are the fees for that and what we do at a certain point, do we revoke a liquor license under abc Year or how does that work as far as law goes and then I have another question on that. >> Councilmember Donald actually don't have a an answer for the alcohol So I'm afraid I can't I can't find response right now, but I'm certainly happy to investigate and provide more detail. Pretty sure revoke a license if they're caught selling to a minor, allowing minor into an establishment where they're giving alcohol to minors. So >> the point of the the fees is wanting to give them opportunity to correct the bad actors if they're doing something that's inappropriate and selling tobacco to minors were saying we're going to find you not once, not twice but 3 times and then we will revoke your tobacco license but per ordinance, if I'm if I'm remembering it correctly from last week, so or 2 weeks ago. So from my perspective, that is that's totally agreeable. That's something that everyone can say. If you're not doing it right the first time, the second time, the 3rd time, then we're finally going to take it from a we're not doing it the first time. So it doesn't seem

punitive to me at all. It seems appropriate that we're saying if you're selling tobacco to minors and this community, you will not be allowed to sell tobacco at all. So I very firm on that and the need for that because of of how it impacts children youth. So that the ordinance as it is, I would like it to be stronger and language. I'm perfectly happy with approving what we have in place right now. It's what we agreed upon a week ago. And I don't mean this is any disrespect to small businesses being that I don't want as well. And city of Santa Rosa understand how hard it is to operate and the impacts of of commerce on and our businesses and inflation as well. I think that the way that it reads now acceptable and it's what we want to protect children and families. And I'm always we decide on that. I was just going mention that there are a lot of substances. >> That addicting in kill people. And a lot of that and we do tackle. >> For for me, it was really for youth. It was. How do we lower the impact or eliminate the impact convenience stores are retailers have on youth when it comes to tobacco. It I'm not here to try to take that away from adults because quite honestly, alcohol. Can do it. I mean, even of Twinkies, you can have

diabetes or obesity. I mean, there's just like the the the lit. It sounds crazy. But the list is endless. >> To the things that we consume put in our bodies that are not healthy for us. But for me, it's really educating and not allowing it to be accessible to them. Period. So without putting our small businesses at a disadvantage so that that was my thing for that. And then also I wanted to point out I will stand corrected if I'm wrong. But overseas, they don't have to be. 21 in order to consume alcohol and they have a lower rate alcohol isn't in a lot of other parts of the world. >> Then we have, although we are at 21. So. >> They're just some discrepancies are some things that I heard in listening to other comments. And I just wanted to to point him out is that there are a lot of different ways of doing things. I just don't want to do it by penalizing our small businesses and their families. If it's not going for to what we agreed upon, which was youth, right? If it's not targeting the youth in targeting the retailers that sell to you. >> I'm not in the business of doing that. I want uplift our retailers so that they can continue to be here. So that for lovers is closed at 9 o'clock, I can still go to the corner store and Councilmember Okrepkie depending what my craving is. I do need that milk. So I want to place to be able to go and buy it. And with that vice mayor's that. >> Thank you, mayor. And I

think it's clear that all of us are in the goal of reducing the ability for minors to buy particular products. That's something that we share again, scenario that that sticks out in my mind most is that you've got a small business owner who wants to sell his or business. They do not have a family member wants to buy it. And if we adopt the ordinance as written today, the value of that business now dropped substantially. I don't think that was the impact of the ordinance to Councilmember Fleming's Point. Yes, review regulation is always a business But oftentimes when regulations like this are introduced at a minimum, there's some kind of grandfather clause of some kind of phased in approach. One of the difficulties that this ordinance is that it takes it takes effect immediately. And I look at the gentleman who are here today. We're taking time to come. They're thinking about the value of their business as a result of this ordinance the impact immediately on the basis of the bases. Are we handle this? I just wonder if there's not a more nuanced approach to how we handle the transfer issue so that we don't have as much of an impact. It was business is what we still want achieve our policy growth goal of reducing the sale of products to you. >> And then lastly, I would just say to the fine structure or the consequences of selling to minors the more mainstream. It would be nice if it the same as the counties or similar. I think that for people that have multiple businesses in different jurisdictions issues very helpful for them. If they can see or know like this is what goes on. >> And to add that just

because you own a business doesn't mean you are the one that is selling to someone. >> I could easily have someone that does something wrong in my business. And yes, there's a consequence for me. But to have the consequence be so steep. And this is my business, my livelihood. I can terminate that employee. I can do a lot of things, but I'm still would be held at a standard that I think is tough. Especially for the first offense. Even if I take action to remedy what is going on. So just my 2 bits and with that, seeing no additional. Comments, we will hand it over to City clerk for public comment. Thank you. We are now taking public comment on item 13.7. >> If you have provided a speaker card, please start approaching the podium. If you have not provided a speaker card or your name, please make your way to the podium. We'll have 3 minutes and a countdown. Timer will alert at the end of that period. We're going to start with Doctor. Eva followed by Gray get than Michelle. Doctor. Eva, please go ahead. Please make sure you pull the microphone down close to you so we can get you heard down here. >> Hello, I'm to I'm Down public professional and I'm from ucsf. First of all, I want to thank you for passing the frustrating of his agenda. I understand looking at the know the small, businesses by I as as a professional. I wanted to emphasize that at the end of the day, it's all about health, which is very important. And despite being

marketed as a safer Ogden need be been devising 6 boys users to harmful chemicals like Putin and heavy metals. Going to be you do deterioration of the aura help. And I also want to emphasize results from the have shown to be risk factors for many diseases and on many other or oral health diseases. And it's just not to like just paving, but it's a lot of it begins and research that supports And it's not only but it's on to like that. And I do want help. Is in So did a need for regulation and need likened it to to counter the direct impact of vaping. Reduce its board of attention increase those systemic health problems. So the immediate measures would be like restricting e-cigarette axes, our averages us and shows. So there are many big t actions that can taken and so will pro approach would aims to shield you from these risks, thereby reducing future healthcare burdens and ensuring that young citizens are not trapped by Niko to independence and deportations and I but acting these to bagel control measures begin Havel, held the community. So I would say like. Like global businesses, I mean, there that he's a thing that you can look into local businesses and step by those wannabes. By the end of the held, which isn't poured in and was for so, yeah, this is from my thank you for giving me this time. Thank you. The next speaker we great followed by Michele, the

>> Thank you. Great. Go ahead. >> Thank you, council. Great Dammer we had a good, healthy exchange today on economics. I get it. It's important. In JANUARY 2022, might use a surveillance. A team had one 4th of the stores and city of Santa Rosa Cell to them 19 year-old and other Many of these happened near you, sensitive areas and many of them happened with actually and it being presented and a clerk going and So we have a as I'm sitting here. I'm also getting notifications of other violations happening as we speak and city Santa Rosa. In terms of flavors being sold, eccentric. Nice to be a nice to do. Dui prevention, work with us or pd and cap Sonoma. There's that heck of a lot things that go preventing of alcohol sales. It's complex arena. If we're going to sell dangerous products, whatever they are, you've got to know the in terms of economics. In California, annual cost of Californians for health care related to tobacco disease and death, which is the number one preventable cause is 9.8 billion dollars Wasson pro productivity. 1.4 billion Costa, the medical program. 3.8 billion. Where the 5th largest city in the Bay area. We're in a time of catastrophic budget cuts. By passing this ordinance city of Santa Rosa is walking the talk and helping to prevent these I have a mortgage ice to pay rent the annual cost to California households is a good chunk one month's rent

payment or mortgage in California. We talk about adults rights. Don't have a right not to be charged the impact. Negative health impacts of tobacco annually. I wish I so in terms of small businesses, as I've mentioned before, I've worked with small businesses Santa Rosa and Sonoma County for. Almost 10 years of had a great Been there for retailers when they didn't understand federal state. And local regulation. Little mini federalism, one-on-one courses and I appreciate those trying to comply. But unfortunately, we have a problem. And so we need regulation and we need to lower the team initiation rates such as my my sons, 15 year-old friend who developed a nicotine addiction addiction just around the corner there of smoke shop instead and smoke shops watched as retailers of laughed. When I said 18 year-old should be in here we have a problem. It's time to deal with the problem and thank you for being willing try to solve this problem. Thank you. >> Thank you. The next speaker will be Michelle followed by Avril Dan Harmon. He's go ahead. Michelle. Okay, good afternoon. Mayor and council members. Good to see you all. I do this. I guess I just want state somewhat of the obvious. We can keep young people. From the curiosity of experimenting with these products that are at the heart of this issue. >> But we can put additional barriers to Ceci in these products. To assessing these products. Sorry. By putting in place a tobacco retail law, you know the need for retain tobacco retail law. Came from actual results of decoy behind

by underage customers. And even currently store visit have found retailers with large quantities of flavored products. And this is despite that, the state law is in place and restricts these products. I just mentioned there's one on Stony Point Road that was found with a quite quite a cache these products. So that's why I'm here. Again. I think most of know, I work with young people at schools. Provide cessation services for them that are caught with these products at school board and or using them. And it kind breaks my heart. That. Despite knowing consequences of not only breaking school rules, but the consequences of how. And what you know, what not brain function. I we can go down the list. If we don't hold back some of the access to these products, it's as part problem is going to continue to grow. And so I just will and with thank you for your support. Our city. >> Needs a community and leaders. That will lead us into a greater scope of health and will be. And thank you for your service to our city. >> Thank you. The next speaker will be Avril followed by Harman. >> Hi, my name is unity in upcoming software Rose University prep. I'm here to talk about the dangers about vaping in my community and I am on behalf of the senator of well-being project The Bean is a huge problem at school. Many says she's received warnings,

tuna do it again those the been the bathroom stall to get caught. Students, their meeting due to many reasons, such as pure pressure and to relieve stress. This is dangerous because vaping can have long and short-term effects. For instance, Harmon brain development, memory loss, lung cancer, cardiovascular disease, addictions, mood disorders, that heat and gum disease. Many use usually believe the typical minutes that the pin this year's water vapor, it doesn't contain nicotine and you can get addicted and it's the best choice to stop smoking. But reality, it's the opposite. Because 90% of vaping products contain nicotine. To give you an idea. One Juul pod contains as much nicotine as 20 cigarettes. In addition, it's an epidemic in middle schools and high schools. Furthermore, Mateen continuing nicotine addiction is expensive. Thank you for voting for a storm to block a retail license ordinance for the city of Santa Rosa. That includes a ban on all vapes and vaping related commercial tobacco products. Thank you for to point health and safety in our community and neighborhoods. Thank you. Your next. The next speaker will be Harman. Hello, good. >> Good afternoon. Council. We've had a lot of discussion a lot of discussion about the traffic Bility issue. You know, as and he is or where that that is one of the most crucial part. 2 us with this trl. You know, this is business is a small, family-owned business and its. >> This will impact and the transit issue impact the goodwill and the Valley for business severely. And to say

that we can transfer Next to a park or school or a a daycare, ok, I understand. But what if opens up? Next to one of my stories are next my colleague stores. Then what happens with that value goes down because we can transfer it that we were grandfathered in. What if a park opens up next to another one of our stores. So I mean, there's a lot of gray area in this business. I'm sorry. This ordinance and I just really would hope that the council takes a look at that realize that there is some what Dennis be done. Where here? Not to promote tobacco. We're not here to promote vaping. You know, it's not us against city of Saint Rose or us against our community are against the council. You know, were part of this community. We have been decades and decades and decades. Most of us more than over 30, 40 years. So we're established second 3rd generation and city of Santa Rosa. We want to come up with ways we can work with the city, work with the community and how we can make a difference together versus, you know, just analyzing 1, 1, another. So I do think there are creative ways and there's ways that we can work because, every resource sitting in the store sitting in this chamber right now. Can assure you that none of us want used to smoke. None of us want kids to smoke. None of us want kids have access at our last meeting while we're talking about getting access to base, you know, and I did pull of Amazon account type in that have been a flavored vape. And I was I had access to over to my day with Amazon Prime next day delivery. So, you know, it's the act. The access will still be there and by getting rid of some of these things that now

controlled within the retail industry that we have mechanisms where we can control the sale of products to people of the right age. That is going to fall into the illicit market where years we're still going to find vapes laying around. We're still going to find kids smoking because it's not going to be controlled. I hope that we can work with you guys to find better solution for this. So thank you so much. A previous time. >> Thank you. Is there anyone else in council chamber wishing to speak on 13.7? Good afternoon. My name is Mary Schmitt. >> I'm a member of the gravest seen Health action coalition. I've been working with impacts, know meant to pack a free Sonoma County for over 4 years to try to. Decrease the impact of tobacco and vape products within our county. We have to be clear about this. This is a health issue. The businesses, am sorry, but they are selling things that kill people and students that I have talked to don't really understand that believe they see adults. Vaping and they believe that this is a a really cool thing to do. It is been shown me. He's been shown in the country in other places that. The harder it is for children to get a hold of vaping and tobacco products. More that they do not the room trying to say is down. We did it during a few years ago had the tobacco usage brought down quite a bit within the use. But the vape. Pieces come up. Now they say it's not tobacco. It is Nick, 18. Let's be clear. Nicotine can kill Nicotine is addictive. It supports into your brain. It can be a anxiety producing and all of these things that

children often think our. This will help them with it reinforces it depression, anxiety. So we have to be clear where health is involved. We need to have regulation. To help us move our systems, our health systems forward and to prevent that cost takes on the end. Of Santa Rosa. It does have a for nicotine in tobacco. And there are people who do sell 2 children. Thank you. >> Thank you. The next speaker will be Pam. >> Good afternoon. I'm Pam Granger. Read the Chair of Tobacco-Free Sonoma County. Our goal is to reduce the harmful effects of tobacco and all of our citizens. We, of course, focused on youth because the best way to do that long-term is to keep kids from starting in the first place. We do that through education, lots of education. We've been so successful that we've been able to knock down combustible a tobacco use to small single digits. Kids would no longer think about picking up think he's smelling cigarette. The industry gobbled up the opportunity for alternative says they do so well. Well, there's no one way to get this started to wear to prevent kids. We know that one of the proven ways to do it is with the retail license. It reduces access and availability. We talked about that. We seem to be a great about that. I have to tell you that our desire is definitely to reduce the total number of retailers selling tobacco products. If you don't, the

result is eternity of the in equity Edu currently have. I know you saw that map and you somehow you're different districts. Some of them have lots more tobacco retailers and lots tobacco use. So you might want to rethink about what your goal is long-term. If you want to improve public health, by the way, convenience stores are not the only places that are selling tobacco products. And so I know we focused on small retailers. Let's support Let's uplift them. But let's do that by helping them change their mix. They're already there. Tobacco sales already plummeted. They plummeted in cigarette sales because of successful campaigns. Voters of California decided that they did not want to see a retailer selling flavored tobacco products that gave them that they can't because that was a deal. So there are already suffering tobacco losses. So let's bring them up better things. There's a whole list Trinity County has agreed, a healthy retailer kind of things. Heck, my husband not sold package seeds in every $1.79. See package made dollar per Tell you that's a lot better than pack of cigarettes. By the way, sun rose is not a stand-alone entity. We already have all those other cities Petaluma so bounced up old Windsor. The county that are already already made a decision to try and reduce the total number of retailers. So don't think that

the retailers don't already have lots of different. Patterns to follow. Thanks very much. >> Thank you. Person at the West Lectern who is approaching. You want to go ahead, sir. >> Good evening, everybody you can and you can raise the podium on the right hand side of the podium. There's a button that you can raise it. So you don't think you. Good evening, everyone. My name is j and I respect all the parents and health officials. And we do understand that our goal is here make sure that the is safe and healthy and we want to limit access to those going products. But Transferability of license. And, you know, putting the city limits and the duty to do station's been there's a different audience in the same county exist. How is that helping I'm like if I can sell it because my store is in the city limits but across the street or across the highway, that is a store that is not in the city limits. They can sell or they are in different cities. So how is that helping the u? So we also wanted to make sure that, you know, we help you with that, but not at the stake you that's unfair to one of one of the businesses that come under the city limits. And another thing you know, one of the council member, Jeff mentioned, when 70 to 80% customers, when they come buy any tobacco product, they're not just by tobacco there by Mookie by other grocery items which conveniently located right next to them. Hugely impacts all the other items they'll so. We wanted to make sure

that, you know, we we help you and nobody wants you to smoke all these kind of products. But I think we can find more creative ways and weekend wise is already knows in order so that both we have a win-win situation. You know, we can limit access to the eu and also make sure that but retailers are not at disadvantage. And it's it's accessible online pretty easily. I can just pull it up my Amazon at right now. And then if I typed just the way up and I'm pretty sure 9 out of 10 people sitting here, they have access to Amazon and all that you would have access and they can order it online. And they are prime items, it will arrive next day. You know, it's it's not that if we stop any Taylor's is them not going to access. But I do understand that, you know, that our items in this ordinance that affects only businesses but not the youth health. So those are items we actually do care about, which you know, weekend wise it. And it's a win-win situation for are you with health and also local businesses. Thank you. >> Thank you. Doing go ahead. >> Dwayne, Do it. Respiratory care practitioner for California. 38 years, 50 years, national respiratory therapists license. 50 years ago, the United States military used to give cigarettes to soldiers for free as part of their mess. Kit. >> Now they ban smoking on military campuses. They ban smoking veterans campuses. And basically I'm asking you to support this ordinance because I spend at least 30 years working in critical care,

medicine, watching people die from cardiovascular disease, from lung disease, from all kinds of ugly things. One of the things that's even worse right now as can die from vaping 20 year-olds, can get very, very sick. Quickly. And some have died. I don't know the exact numbers nationwide, but we do know they're there. The main thing about this is not to be about business. Profitability. It's about making sure that our community and use the governmental entity make sure for public health, safety and welfare. This is a fair ordinance. The businesses can abide by the ordinance and still find ways to be profitable. They always do the thing. That's most important, I think right here right now. Remember this term that was said by a man only 60 years ago, he called them suicide sticks. And basically are amped up. Suicide sticks and use that are only 12 13 14 and think it's cool to have a suicide stick dangling from their arm or from their lives. They don't realize that it could kill them relatively quickly. Right now I'm watching people that I grew up with die from their emphysema. Their chronic obstructive pulmonary disease, and many other things. Heart attacks based on the fact that they thought it was cool to go out to the tracks and smoke between classes and they got addicted to nicotine and other substances. And now they're Diane. And that's just not going to change. And we understand that. But we can keep 16 17 year-old safe. We can keep them from falling

into the trap of being cool and having my suicide stick and not realizing down the road. It's going to be a painful, ugly death. So I appreciate Businesses are concerned about their profit margins and the people are like, well, this is the land of the free. And we've got to put that profit right up there at the top. But a more about what Fleming, what this made all we're talking about, the ethical approach. So for us as the taxpayers of have to pick up cost of caring for people who die from many of these long ailments and afflictions that were necessary. Please hold your already approved ordinance. Thank Thank u next speaker. Please. >> Good evening. I'm Doctor Lauren. Great. Sarah MacDonald, Public health specialist from ucsf. I'm here. I want to thank you for supporting the initial reading of this item as we know, nicotine does kill. You know, we talk about this evening that there are so many things that kill you. But a lot of those things are actually illegal. So I also would like to add that, you know, your surroundings, your peer influences, your family, a fax, you and your habits. And by having those around you who smoke and who vape will, therefore influence you. So I know we are talking about youth here and access to you than that. But having people who can easily access vapes allowed parents and and peer models and figures around Utah also smoke which to influence you. I would also like to add that there is a concern about small businesses here and the transferring of these

licensure There's only businesses in unincorporated areas that are going to be affected by this. But in the reality in the next few months, if they do change the structure, their business, they will be able to transfer these licenses successfully. And then regards to addressing the comment about how you can buy easily online on you cannot buy vapes on Amazon. It is not easy to buy vapes online. So I think that, you know, the more that we try to control access to vapes, the more successful, we're going to be and creating a better environment for youth and for you to not even start smoking. You know, they say that nicotine is habit-forming than heroin. So I think that's something to just keep in mind. Thank you. >> Mary c no one else approaching the Putin for public comment on 13.7. Thank you >> I'm looking at you, MADAM City, Attorney. Because what I hear and I don't want to speak to my other home other council members. But what I hear is I hear some people that don't agree with certain parts. Hero I don't they're not to be one period because the one that was proposed was too strong. Where do we go from? So this is a second of an ordinance ordinances require and there are some exceptions to this. But that do not apply here. >> So generally speaking, ordinance is required to 2 readings. They do. You do an introduction, which is what you did at your last council meeting. And then it requires a second approval, which is what is teed up for this evening. And that would be the adoption of the ordinance. If

you adopt the ordinance can take effect as soon 31st. Day after you adopt. If you want to make changes to an ordinance. Substantive changes, you would need to reintroduce the ordinance. So go back to step one. So in the world in majority majority of you want to make changes to the ordinance and the kinds of changes that I was hearing are more than we could sort of slice and dice here at the diocese. My recommendation would be if there's a direction to make some changes to the ordinance that you introduced is to give that direction this evening. We would. Revised accordingly and bring it back. I think what probably with your budget adoption and it we MAY be bringing that back in early July. Rather than that, the next But I will leave that conversation to the city manager of bed. You then if that was that revised version was introduced, the first meeting in JULY, it would then appear again, the revised version on the consent calendar for the second meeting in JULY. And that would be your process. So adoption of the of the ordinance just like introduction of the ordinance requires a majority of the council. So do for votes. Affirmative votes. To do whatever it is you want to do whether that is adopted this evening in the same form that

you introduced it. Whether you want to give some direction and ask us to come back. So you can reintroduce it. Or if you decide you don't want to proceed at all. You could give back direction in which the ordinance would not proceed. So Yes, the way that it's written currently or a modified version and we would come back. Probably report item to sort of. I'm just update you. I walked through the proper with the process has been and explain the changes. So during the boat, we would not say yes or no. We would say I would like to come back with a modified version. We would need a motion so someone would need to make a motion and the motion could be. >> I move to adopt the ordinance that was introduced. The motion could be. I moved to direct staff to come back with. Whatever revisions you want us to come back with. And we would ask that you try to be as specific as possible so we can bring it back at least close and then we can and probably make minor changes in the middle of the council meeting. If we don't hit it right on the head. The other one would be If there's no motion to 9 or an affirmative motion not to pass it. I guess you could do that. Then there's the ordinance would not proceed. But we do need to have 2 readings. And we need a majority of you to vote at each of those readings. So we're on the second reading. There is a rule, but you can't make substantive changes on a second reading. You have to sort of go back and reintroduce so tie pose and things like that. We can fix

on the second reading, but we do. And with that, the type of changes you're contemplating are substantive. So would require reintroduction in order to move forward. Are there any additional questions from council members regarding the process moving forward? Councilmember MacDonald? >> It's a point of clarification. City attorneys said that we would need 4. >> Affirmative is to push this through as it written today. Would you also need for to vote? No on any amendments to to bring it back. I'm just I'm just trying to get clarification. If there's a way my my anticipation is that there could be question to amend the ordinance. So I'm just asking 9 on how that works on bringing it back. >> We would we would need direction from you all. So we would understand what to bring back. You all went down in polled, we probably wouldn't have the right direction. I would suggest a motion to exchange in my change would be appropriate but again, that motion wouldn't be satisfying. The 2 steps it would really just be giving direction. I'm asking for the count. I'm asking. >> If somebody makes an amendment, do you have to have 4 of them for the amendment to be brought forward for a second reading. So if that fails. By a 3 to just out of curiosity with that, then go back and revert to the motion as a whole meaning the current language of the trl that's brought forward today. >> If we have a motion on the floor. And you would need 4

votes. Otherwise you have a failed motion. Then you have no motion on the floor. So then you could make another motion, which would be to adopt the ordinance that has already then introduced. You would need. For affirmative votes in order to adopt. If that if you don't have at least 4 affirmative votes, you have another failed motion. Thank you for the clarification. >> And if it fails. Just trying to figure out where we're at, what happens period. Can we bring it at any point to what amendments the like another shot at it or how does that work? >> That you could make another motion here. To make perhaps other revisions that you all MAY want to see. You could give us direction too. I don't know if you want to hold a study session if you want to continue the item so that you all can sort of think through what you want to do and have the come back the way it is, which is in the same posture City manager. I'm not sure if you can think of other options here >> tell you why I'm asking. I'm asking because see things that we all agree, right? But then I see portions of it that we don't agree on. I don't want it to not happened, period because we can't figure out the few things that we do not. Agree that is what I'm trying to make sure like we figure out are all know when make our votes and our emotions, how it will impact us moving forward. >> Period.

>> I seen this watching videos and pass before joint here pretty effectively using straw votes to trying to grapple with complicated issues where you're trying to get a sense where you have consensus and where you don't. And so the straw votes really aren't formal motions. They're sort of suppose ul's trying to figure out kind of where you you have your consensus. And so that could be an option here. And what I have seen you all do in the past is go through that process and then that a form in you about emotion where you MAY actually sufficient votes to pass So I Councilmember, thank you. >> assistant city manager, not if I recall correctly. This ordinance as written, is stated to go into effect JANUARY one, 2025. Is that right? That's correct. Okay. So 6 months from now, essentially, yes, we want to give retailers the time to be able to claw, apply for and and achieve a permanent. >> As well as do whatever is necessary to bring their business into compliance with the ordinance. So I asked that question because >> in theory, if there is some disagreement, but there are certain things that we all agree on going forward and it MAY take a little bit longer to get it. >> In place. So if we're to say we don't, 5 of us do not agree on 5. Agree that we don't want any player to back out. The fire was agree that we don't devices. What I'm saying is I think there that

that can give a signal that like that's not going to be up for discussion at any point in the future other things. So that would give a little bit of lead-up time to retailers to understand what will and will not be enforced versus other parts that we MAY not agree on. >> And is that sausage making or will we be able to do that or can we just bring it back so we can have do that again. If that is the will of the council. I suggest we get direction so we can bring it back. Because it's not mean what we don't want to do is bring you something back. To recreate again and then go back and recreate again. We we do sort of what you all do in a study session is to have each of you go through and unexplainable. What you all are seeing and city manager. Will that give you sufficient direction about how to drafted or if it doesn't, then maybe staff can ask questions at the end of that process where there MAY be. >> Still some lack of clarity about where to take this. So it looks like we have 2 items. We have the transfer. >> And we have the penalties. So if we could begin maybe with the penalty aspect of this. I believe assistant city manager not said that there is discretion discretion. >> mayor, if I MAY. Man, it's been Thank you so much. I think that. It would be my preference is fully your discretion. But I think before deciding what we're going to take and what we're not going to take, I think we ought it. Take the vote because I think we're making an assumption.

Everybody said what they got. We heard public comment. We haven't heard from the council yet. So we're assuming nobody's swayed by anything that they heard. Yeah, I just don't want us to do something in that we can't go back. So I just wanted to get clarification. I don't want make a decision like to vote on it as it And then. >> People vote how they vote and then we can't go back. So I just wanted to be very clear or for us to have a clear understanding what our options are. And if we vote a certain way, what does that mean? understand, but I think we ought to call the question, ok? So council member vice mayor is that. >> In my mind by 2040, member, point for the motion here and >> You're putting forward a motion that you would like to see move forward. For 13.7. >> Okay. And Councilmember Fleming and I hear you correctly that you wanted to to vote on this on a new ordinance is written. >> I I was suggesting to call the question and see if we get a second. I think that we've had quite a bit of conversation. We need to see if we can move forward. >> I think that's a good plan. Okay. Take a shot at a at a motion because as has been has been said by the governor and the day as we all want this to move forward, it's not a question of whether and have a tobacco retail licensing on the question of whether it could be stronger than the states. It's a question of some of the fine details. And as we talked about during our our last meeting, we've been paying with a very broad brush with this particular ordinance on Port port assistant city manager, not fact, has been

pushing the start of the Hill. Does that this officiant? Ask I'm sort to keep you on the hot seat. As as the city manager indicated, what I would propose is that we. Have staff bring back to us revisions in in the areas of the license transfer. And also the fine structure. I I would propose that current that that small it business owners that wish to sell their businesses. Now we're in the future where those businesses are. Through no fault of their own suddenly out of compliance with with the geographical restrictions. But there is some there is some way that they can still sell that. So that business with the license in a way that that remains in accord with the overall goal of limiting access for are limiting reducing access to these devices for for young people. And with the fine and the assistant city manager not spoke, spoke to some degree about this. I'm not sure exactly what the balance is, but my preference would be that are fine. Structure is more in court. But the counties with the county's find structure. Which still provides for very severe penalties for people who are not following the ordinance, but then but at least 4 initial offenders. Well, I take that back. It's not even so much of concerns with with any of the individual penalties and just so much as the debate it, it's producing that the differences among jurisdictions. So those would be my those would be my that

would that would be my proposal that we keep the ordinance as written, but have staff provide amendments in those 2 areas. And that would satisfy my concerns with this item. >> Councilmember when I when I asked to call the question, I was call the question that was the floor and I'm not sure that that's what's happening here. I don't think there was anything. There was emotional and stand corrected not on the floor. But the question can we hear from the attorney, please? You are suggesting to call the question, which which is the recommendation of staff item 13.7. So which is different than the vice mayor, the Vice-mayor, has asserted a motion to give direction to staff to come back with a revised version. >> get a second on that. >> We have a motion made by vice mayor stopped in a second by Councilmember akp. I I think Councilmember felt that she had called the question and the question would take precedence over the motion that was being offered by the vice mayor point of order. Can you call a question if no questions on the table? >> I I think her intent was to. Make a motion to adopt is how I would read it. So now we have. So do we have competing motions at this point? I think that for motion that vice mayor stat made a motion and then. But there's no motion to call. There's no motion for a question to be called. >> Councilmember, that's what we allow. The attorney to for us called the question was takes precedence over a secondary motion on the That is the motions or it's calling the question. All right. So the question is called, do I have by? Vice Mayor? The question is called by Council

member Fleming does Councilmember Fleming have a second? It? >> We have a motion made by councilmember funding in a second by Councilmember MacDonald. Councilmember, a crafty. >> Yeah, I did a clarification on Rosenberg's rules apartment procedure. It I don't believe you can call a question that calling a question is calling for a vote on a motion that has been made. It is not an emotion had not been made. I think you are. You are technically correct. I think it comes down to whether or not we construe Councilmember Fleming said as >> she wanted to call the question. That was making a motion in and of itself and calling the question together. I think it's a question of interpretation. But you are correct. There there was no motion articulated. And so I think comes down to how we construe. Councilmember findings statement and then my. But my follow-up to that is that the mayor's recognizing vice mayor staff in order to make a motion. >> Which which takes presidents. Well, if you call the question the question that was called the takes precedence over the motion that was made. >> So I would construe Councilmember Fleming's calling of the question to imply that she was had made a motion. But I would agree with you that motion was not was not stated. I think it's a question of intent. I clarify mind. So I clarify my intent. I think we have a motion and we have a second. It. >> And Vice Mayor is ok with watching this play out. So is there any additional

conversation? Seeing MADAM City clerk, MAY you please call the vote. And just to clarify, this is a motion to adopt as presented. Yes, thank you. Councilmember Rogers is absent Councilmember Okrepkie now. Councilmember MacDonald. I. Councilmember Fleming. Yes. Councilmember Alvarez has recused. Vice mayor step Mayor Rogers know. Let the record show this fails with with 2 affirmative votes. 3. 3 no votes and Councilmember Rogers absent and council member. Alvarez recusing. Thank you very much coming take 2 minutes to 5 minutes. We'll be back at five-fifty to allow a council member favor as to return to Thank you. Okay. Mark's going to do his because it fell. I was ready for a break. I'm sorry. It's pretty intense up here. Vice mayor stat. >> Didn't was my meandering. Just my meandering motion. Still stand ready. Need to restate. Why don't you restate I I would move that staff come back with revise language for the 2 sections we discuss, namely the transfer that license transfer to allow an out for the for business owners as >> for business owners who are unexpectedly adversely affected by by this ordinance or by future developments and they're in and the geography of the neighborhoods. And then with respect to the with the to find license revocation structure, to bring in closer alignment with the county to reduce the did you did Diction of differences in Sonoma County. There's >> We have a motion made by Vice mayor staff in a second by Councilmember Okrepkie. Is there any discussion? Seeing none? MADAM City clerk me

please call the vote. Councilmember Rogers is absent councilmember Okrepkie Councilmember MacDonald. I Councilmember Fleming. Councilmember Alvarez has recused. Vice Mayor stop. Yes, Mayor Rogers, I let the record show this motion pass of the 5 affirmative votes. Now we will take a five-minute break. The councilmember out restaurateur. Thank But I can >> Yeah. What you want is we want to make sure that your mountains right on it. You can read here. You can hear >> All right. It is 601 and we will be resuming our meetings, seeing a quorum. MADAM Clerk mean? Please call the roll. Thank you. Mayor Councilmember Chris Rogers is absent Cookie. Councilmember Okrepkie COUNCILMAN MacDonald Councilmember funding your council member of PRESIDENT Vice mayor stopped here. Mayor Rogers, PRESIDENT, let the record show that all council members are present with the exception of Councilmember Chris Rogers, thank you. We will now proceed to item 14, which is our first public comment on non agenda matters. >> For this evening. MADAM City clerk. Thank you. We are now taking public comment on item 14. This is a time when any person MAY address the council on matters not listed on this agenda, which are within the subject matter jurisdiction of the council. If you're in the council chamber 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, we will take 12 speakers under item 14 if we have more than 12 public comments on 14, the remaining speakers will be afforded an opportunity to speak under 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 Logan. Then Theresa. Dwayne. Go ahead. Logan. Hi, my name >> Hi, my name is Logan Levy. I just want to start by thanking council for taking up the agenda item, I believe will be next council meeting. So my name is Logan Monday. I am a recent college graduate has and I just came back to Sonoma County, 3 weeks ago from school. And so sort of beginning to settle in back in the community after 4 years of university and trying to find my own place. I've known also blood and searches been particularly difficult and expel. So not only for me, but for couple of my friends are also really there. They are graduating within the next 6 months to a year and all of them was sort faced with the same for conundrum of when it comes to renting or eventually buying the place and Santa Rosa and Greater Sonoma County. So right now I'm having to live with my parents. I don't necessarily want that in the long run, hoping within next 6 months moving out. But just having to weigh current of finances and

dealing with long repayments having to And then that plus, with the current red situations or housing unit issue. >> hope that in the future that begins to change. So I know that the council will be taking that as an agenda item soon. But I just I just know that of there are I know will change overnight and so will be able to see like next week. 12 new units are available It's a slow process for leaders. The community like this council to prove items and eventually for that to get the ball running. Also for developers to come in and they're able to build residency, able to they can. Bill evolve through raising prices for fires. But here to say I want continue the support of sort of getting the ball rolling here so that maybe maybe within 6 months or within a year or 18 months will see some changes to young people like myself. One have to look elsewhere when deciding to whether the want to live here started career or not. All right. Thank you. >> Thank you. The next speaker will be Theresa followed by Miriam. Theresa. Go ahead. I'm sorry, Theresa, Go ahead. >> my name Theresa Home and I live in at their bank Burbank Housing property in Santa Rosa, and Olive Grove apartments and just wanting to express.

>> beneficial it is with having. The Burbank housing. Low Income program around. I'm not ssd I and if wasn't able to blowing complains, I would. Be probably another product on the. Streets homeless, which there's already enough of the homeless problem. You know, the places are wonderful. Easy the work with in. Getting you and as a new person. And then if you're needing any accommodations, like with me, I've got to. Add me. So I was finally able to get into bottom floor apartment. So it just. I can express and for a double housing that They make that opportunity for everybody and making it easier for or, you know, other people as well. Thank you. >> Thank you. The next speaker will be Miriam. I please go ahead. >> Good Evening Council. My name is Miriam and then and I'm here to speak on the importance prioritizing affordable housing. I want to start by getting a little bit of a background. How I've been personally impacted about 7 years ago. I was sharing a small room with my 2 children. It was all occurred afford at the time. And I dreamed about one day being able to afford her own place. It wasn't until I received a call from urban housing. Letting me know that a qualified for 2 bedroom apartment. They we were finally able to have the home that we dreamed of as a parent providing safety sent home for children. This fundamental as you all know, living in Sonoma County is expensive and being able to afford basic housing

feels nearly impossible for some single or even 2 parent household, the inability to afford basing housing affects our communities. Mental health limits or education in our ability to stimulate our community's economic growth, providing affordable housing is the most efficient way to eliminate poverty. And it's a basic human need. Everyone should have access to. Thank you for your time. >> Thank you, Mary. See no one else approaching the Putin for public comment on item 40 non agenda matters. Thank you very much. We will now public comment non agenda matters and due to the time we will now proceed to item 16. Which is our public hearing. For this evening before hand it over to City manager. I would say MADAM City manager, I would like a first for the staff to introduce. >> The item and then I will ask for any expert, a council members and then we will proceed with the presentation. Thank you. Item 16.1. But a new budget tree removal deal. So just introduce the item and bring it back to council and then we'll go for the presentation. Good evening, Ratterman. MADAM Members of the council name is Jessica Jones. I'm the deputy director of planning for the city. >> With me is Susie Marie, who's going to be giving the presentation and we will get up on screen just momentarily. >> And looking to council to

see if there is any expert, a disclosures that need to be made for this item. 16.1 and we'll start with Councilmember Okrepkie. >> I visited the site, have nothing further to disclose. Staying no additional ex parte communications or any disclosures will now handed over to you for the presentation. Momentum through the mayor. I apologize. That looks like we're having an issue with the staff presentation. If I can have a brief 2 minutes to coordinate with it. >> To solve this up. So the problem you can have as many men. It's shame you. Look at that saved by it. We will now proceed with the presentation. Thank you. Afternoon, mayor and members of the council, the project before you of an appeal of the denial of the request to remove a bunion by new tree. At 10, 80 seconds street. At the Salvation Army Building. The Salvation Army appealed the decision of the planning Commission and the director of planning and economic development to deny removal of approximately 125 foot you buy your tree. The tree is located on this parcel that's outlined in blue and where the red Circle is is the is the. >> This location? So it's adjacent to Second Street. I'm kind of a neighborhood context map. You can see the red circle again is where the trees located. There's the Silvercrest senior Apartments Memorial Hospital is just to the east and then it's

surrounded by commercial and residential uses. In the area. Tree permit has or not this permit. But the tree has a lot of permit history. There is the first application was back in 1999. That staff approved the tree removal and the neighbors came appealed that decision to remove the tree and it went to the planning Commission. The Planning denied the appeal and upheld staff's decision to remove the tree. And the neighbors appealed again and went back to the council. And back in 1999, the council granted the appeal. And tonight the removal of the tree. The second application came in in 2006. That that one was denied. There was no appeal received. There were some letters that came from the attorney for the from the Salvation Army and our city manager responded to to those letters supporting the denial. Again, there was no peeled a submitted. The 3rd application came in 2019. Once again, staff denied the denied the removal. This time we did receive an appeal application partial fee. There was some confusion. Staff worked with that. The Salvation Army we actually went. And, you know, there was meeting of the minds with attorneys and and what not and we agreed to extend the appeal period for them to submit the fee because of the confusion and no additional fee was submitted. So we since returned that check and it it went with denial. And then we the current application, the

one that is before you today was submitted in SEPTEMBER of 2022. In MARCH. The request was denied. We received the first appeal application which went to the Planning Commission in SEPTEMBER of 2023 and the decision to deny the removal was upheld with a 5 to 2 vote from the Planning Commission. That submitted in another appeal application 2 and this time to to the City Council. And I want to point out to the tree permits are kind of quirky permit. I think they're the only permit in the city that can be appealed twice once to the planning commission and once to the city Council, most have just do one appeal process before they've exhausted. A city code chapter 17. 24 the tree ordinance was enacted by council and it was sort of a balancing act. 2 protect the, you know, the heritage and Santa Rosa and then trees. I'm also not to infringe too much on personal property rights. I won't repeat myself. There we are with our 2 appeals. Considerations that are required when I'm reviewing the tree for removal or the overall condition of the tree. The surrounding area. And you know whether there's utilities underground or other structures that could be damaged, the trees symmetry, how much aid it provides density of trees in the area. Impacts environmental impacts, historic values. The general welfare of the city and really good urban forestry practices,

meaning as the spot, a good spot for the tree. We had 3 very qualified arborists weighing in on the tree to on Palin's team and one who's under contract with the city to handle our tourists needs. All 3 arborists agreed that the tree characteristics that relate to the safety of the tree includes Co dominance downs at the top. There are 3 heavy branches following comes and falling and falling a breeze. This is pretty consistent with been your tree so arborists agree all 3 arborists also agreed that following implement meditation measures would reduce the following. Implementation measures would reduce the risk of the tree. And that's cabling the 3 kodama. None stands at the top. Thinning regular thinning of the foliage, removing the Cannes before they're large enough to drop and hurt someone. Those comes, by the way, take. 2 to 3 years to establish themselves. They are quite large. And I do have a photograph of one decides coming up. And that, of course, removing fallen debris. Leaves or the foliage on of a new venue tree. They're very sharp, very pointy. A lot of arborists will Kevlar r when removing or thinning working in the tree. There were several grounds for appeal. The first 3 serious, known and documented risk to health and safety. The city is requiring the owners unwanted

continued exposure to premises liability and the maintenance and mitigation efforts will not guarantee safety. Branches branches falling incomes falling, that that's a maintenance issue. I'm like any large tree there. There is a risk involved. But regular maintenance keeps those large trees healthy and mostly risk-free. Regular maintenance is necessary an arborist determined that if the tree is maintained properly, the treat is not present. A serious safety issue. Cost to maintain the tree are unreasonable. There are large trees on private property throughout the city. It those trees are maintained at the property owner's expense. Trees on city owned properties, including our own to banyai been your trees, one in railroad square and one courthouse square are maintained by the city. The tree ordinance can be met by replacement tree. That's that. That's one way the tree ordinance can be if the tree were removed for approval the tree ordinance does give the flexibility they would be required to plant replant the same genus and species or the director can approve an appropriate alternative. In this case. Both the planning staff and the Planning Commission agreed that the tree should not be removed. The tree is not a heritage tree and he's not on the approved street list. First, it's it's not a street heat tree. It is close to the sidewalk that it's on the back side of the sidewalk. So that's a private property tree. And the trees not listed

on the heritage Tree list. Although there have been several people that have requested that it should be or that the but you've been your trees should be, but because it's not on the heritage doesn't make it any less historic. There's there's the rumor, has it that Luther Burbank himself planted that tree? I don't know that. But that's a common. It's it's a common rumor. The tree is not a heritage tree, but it's it's also not listed as an exam tree and requires the permit. Sees action amounts to a taking. I mean, I just read this for so it's adoption implementation and enforcement of a land use regulation such as the city's tree ordinance constitutes a person permissible exercise of the police power granted to the city under the California Constitution and does not violate the takings clause of the 5th Amendment of the U.S. Constitution work time comparable provisions of the California Constitution. So moving on, I mentioned that trees and our 2 squares. And this is a photograph. The one on the left shows you the location of the it's on the corner of 5th and Wilson. And this the photograph on the right is the tree. I took that picture right another historic John Hotel or Rose. And the shows the location of the been your venue tree. On the left image. And then how get that start up there on down at Courthouse Square and on Santa

Rosa and 3rd Street. There's a picture again of that tree, which is POWs located in very public areas. Not aware of any accidents that have happened. We've received lots and lots of public most most public comments that I've via telephone or email. Have been in favor keeping the tree to 9 denying the removal. I have had a there was one woman that expressed concern comes falling. Here's couple images of the Cannes. One was taken off. Google. I'm gonna guess they were both taken off Google and just gives you an idea how big they can get. Now they don't pop out of the tree that being they grow. And that's what I was saying. It takes it takes 2 to 3 years to get that size. So there's plenty of warning to remove them. And, you know, I think it's a good idea right now. There are a couple pieces of late correspondents. One received yesterday afternoon. Deer members of the time they said Planning Commission City Council. This is the 3rd letter my husband and I have sent on behalf of the bunny of a new tree at 10 82nd Street. Please continue to deny the tree permit requested by salvage nation army to remove this tree treatment. And that maintenance is part of property maintenance, sometimes older trees require more maintenance. Sometimes that maintenance incurs the expense this tree appears to be healthy. If it if it is

propped properly maintained, it should not be a nuisance. Please deny the Salvation Army appeal. And let's be done with that. Thank you for your consideration. The trees and Thomas, she Asante. And then there was another Once again vote no on the attempt to cut down the been yewtree this tree represents our age old tradition of saving our city trees. Would these people stop realizing that we already have enough automobiles? It's time to put our efforts into beneficial projects as always. Thanks, James. Feel. Okay. Terms California, environmental Quality Act. The project has been reviewed in compliance with see quiet and denying the permit would have no effect on the environment. So that it is planning its recommendation of the Planning Commission and the planning and Economic Development Department. But the council by resolution denied the appeal, uphold the Planning Commission's denial of a tree permit to remove the approximately 125 foot. I'm going to go with the banana Banana tree. Located at 10, 80 seconds street. Here's my contact information. If anybody would like to follow up after the I'm available for questions I know the applicant has a presentation as well or public. Thank you very much for that presentation. A look at the council to see if there any. >> Questions regarding the bunny of a new Councilmember MacDonald. Thank you. >> I appreciate your

presentation. I had a quick question because I understand that we own a couple Bunyan been new trees in the city of Santa Rosa. Approximately how much money do we spend each year maintaining those? >> That's a darn good question. And I don't know the answer to it. I think, though, that the Salvation Army can tell you how much they pay per year. And it was. >> And be curious to understand the incurred, cost of of maintaining a tree. And as far as a rumor of Luther Burbank planting the tree, if we listen to every room or in the city of Santa Rosa, we probably wouldn't get much work So I'm going to just disregard that he probably planted that tree unless we have actual proof of it. So I think that was my main question was how much does it cost and the people that own the property to maintain the tree in and what do we spend each year for the city of Santa Rosa? >> I can see if I can find out. Well, the applicant's doing their presentation shot and me will be able to answer that he do their presentation. They Thank you. I don't see COUNCILMAN Roberts. >> Thank you, mayor and large. The service the city Santa Rosa. Any injuries have been reported from those trees? I'm not aware of any. >> All right. Any additional questions? Seeing we will now and buy. Planning Commission chair. Karen >> Thank Good afternoon or good evening, whichever it is I'm Karen weeks. I'm chair of

the Planning Commission. And as soon as you mentioned, we review this item in SEPTEMBER of last year. There were about 7 members of the public that spoke at the time. The majority were Silvercrest. If I recall commission voted 5 2 to 5 in support of staff's findings into. In support of the appeal we relied on what is in the code and which is also in your staff report your presentation or in the resolution that talks about the findings that are required to be made. The first is that the bunion been your tree is of significant size and maturity and provides great us that benefit to all persons. The Ben you've been your tree is one of the few existing mature specimens in Santa Rosa. And that. And even with this and that careless treatment and arbitrary removal of the tree would detract from the Quality Inn attractiveness of the neighborhood and 3 that retaining the mature been you've been your tree would be consistent with the city's tree ordinance and that protection of certain trees. It is essential to the maintenance of center U.S. That it values and heritage. The 2 members of that commission that voted to support the appeal, talked about the cost of maintenance and but that is not something that is in the code and the code doesn't address the cost of maintenance as a reason to remove a tree. So wanted to clarify and but I think that was it tough. You have any questions. I'm happy to answer >> Look council to see if there any questions. Seeing none. Thank you very much for being with Diana has a question. Councilmember MacDonald. >> Thank you, Mayor. Thank Chair weeks. I just had a question. You have to voted to to actually allow removal of the tree. Could you give us some insight on that? The discussion? >> Yeah. As I mentioned, their reasoning have to do with the cost of the one of the part of the reason had to do with the cost of the maintenance and

that it was a maintenance issue. An as I said, maintenance. Issues are not a reason in the code to remove a tree. >> And does the code saying anything where it becomes too expensive for somebody to actually do that? Is there any allowances for the city a coach very clear. As far as that goes, it's just doesn't allow. >> I believe that silent to maintenance issues and getting and not from the city with the planning Commission, find it to be helpful if we were to amend some of the co 2 for allowances when it becomes too costly for citizens to maintain something like a tree in our community. >> That's a policy issue. And that's not something that commission gets into. We. As a commission implement the policy and the direction that were given by U.S. Council. Thank you. >> To rephrase councilmember MacDonald's question. I'll ask it this way. Does the planning commission see multiple instances where people are coming before you because they're not able. To afford to provide adequate maintenance for trees that are on their property. No. >> This stepping on the commission since 2017. And I think this is the first tree removal we've seen in 7 years. Councilmember MacDonald. >> Is that because it hasn't been elevated to go to the planning commission because this is been a 25 year problem. If I'm correct. >> For this specific tree yet been. 25 your problem. But I think in other trees don't get elevated to the commission. >> yeah, just and for I think I think this is only tree

that's ever been elevated on appeal. We we approve and deny trees on a pretty regular basis. And we come up creative Mitigating if it's a. Typically you know, it's a big, scary tree. And there are some very big scary trees out there. If somebody needs to replace it on their property, it's we usually are practices. One, 15 gallantry to replace And the code also allows $100 mitigation fee per trees. So it's not it's not really examine the expense of removing a tree. It's a lot of money on a big tree like maintaining it. I couldn't speak to, you know, where that balance that this is the only tree that I'm aware of. That's been elevated on to either planning Commission or council. Thank you. >> All right. Well, thank you again for being with We will now open the public hearing. >> And we will hear the pellets presentation. >> Well, we're preparing for that. Can we please pass Are pieces of the been you been your tree? >> Good evening, MADAM Mayor, members of the council city manager staff members. My name is Kevin caught a second monitor any here in Santa Rosa. And my partner Michelle Zurawski and are very proud to represent the Salvation Army in this appeal. Couple of people are going to speak and wrapped up. For says Catherine Anderson, who's with the Salvation Senior, a person to the Salvation Army and then Jane's chance being mayor who

is arborist, who will address the questions. I think COUNCILWOMAN And MacDonald ask about cost involved here. So without further Catherine, >> My name is Catherine. Anderson, I'm the regional manager overseeing 11 and some are crossed communities in Northern California and Nevada and Hawaii. I came today to share with you. My concerns about the future of our community and educate you about what happens in my day-to-day reality. My focus is on seniors and their safety working for the Salvation Army. Spend every dollar finding ways to house clothe and feed people. Our diverse low in community 186 vulnerable. Senior households and a federally funded by the government. Salvation Army built this had related building to help residents become and stay housed long-term or as we say, aged in place and our programs are designed to keep our residents safe for every dollar that we spend on this a Banyan tree. We're taking away from programs or building improvements that could have gone to our community. Seniors are not young people with thick skin. When they hold those branches, they go right through. I really see on a day-to-day basis, little dogs that are maybe 15 pounds jump up on a senior and knock them over or make them bleed profusely because their skin really is then. Now we failed to bring one of those 20 pound enormous pods because we did spend the $3,000 this year to

maintain our tree. And while the fire department maintains you're buying a bunny in trees. Are pods are not my big concern. My big concern of the branches in your hands are sitting in front of you right now. They actually fall. Well, these ones fell last few days. And while your city saying that if we maintain our tree properly, these are not going to be a problem for us. It's a huge trip and fall problem. 50% of seniors could die with a trip and fall incident. And our everyday reality. And while it MAY not be yours, that's what I do. And what I see. So it MAY not seem like a big problem. It's a money problem. According to some people about But for us, it's a liability problem. And it's a real life and death problem. Now, these razor blade branches. When their trip hazard, sure you could go around but not a senior. They have to get off the curb. And that curb could be the trip and fall that ends their day. So. While those pies have destroyed a $10,000 shed here, $2000 backflow there and we watch our property liability and property insurance go up every year from That's not my concern. My concern is the one person who falls down because they can't get down the sidewalk. And I really hope that you guys come together today to sign that either you will help and planting a new tree that can help to contain maintain aesthetic in the community. You will help us later on enough. I asked from the liability so that we can continue to house these low-income seniors. It just takes announced complaints to

hide for us to lose our contract and losing our contract means 186 in your household. Our out of low-income housing. And for me, that is a huge concern on a day-to-day basis is getting complaints to hide to have a surprise inspection and a contract killer, which means the people who are concerned about their affordable housing don't have it anymore. So liability having the housing these are where are my concerns are I don't care about extra parking. That's not where it's going to go here. What's going to go here is another tree. If you let Thank you. >> Good evening. I'm James consulting arborist horticulturists. I lived and worked in Sonoma County for over 50 years. I wanted to first >> explain the Tree Risk Assessment. Methodology. So this a methodology that was developed by the International Society of a border culture. And it's really it's a systematic process for identifying structural defects and their associated risk. To become a qualified tree risk assessor. You need to take courses. You need to pass an exam. Done that twice over last 11 years. The goal of this is to. Provide and assessment of the likelihood. Of an event. This case. I'm trying type of tree failure and then the severity of the potential consequences. And so

what we look at is the likelihood of failure over set time, period. Typically I use 3 years. We look at like the targets around a tree. In this case, we have a sidewalk. We have a street. We have a parking area. We have a garden area. So there are high use targets right near this tree and and then we look at the likelihood of of tree part hitting target. And a lot of this is based upon occupancy. You know, if there's if it's a busy street occupant, he goes up. I know when I was there, I 6. Was 6 pedestrians within a 45 minute period. Walking below tree. My is baby. I looked at 3 different aspects of the tree. I looked at the 3 secondary trunks in the high crown and we other arborist. And I agree that you could cable those and make those stable. But to me, the huge impact is the potential for the cones. And this these trees are known all over the world for being dangerous. And typically the way other places do other countries creating excuse exclusion zone around the tree to keep people away from the tree. I use that technique a lot. I just made the press on the Mason Street Oak of small County Park in Healdsburg. I am the contract Arbors for Healdsburg. Also there are Ris said you need to remove this Valley Oak. I said I looked at know we can say that as long as we keep people away from we can keep the tree because your move, the target, you're movie really

dramatically reduce the risk in this situation. We don't have that option and what the city's relying upon is foreseen the part of the tree owner. 2 spent a lot of money every year to do this. And it's not an easy job. Histories 120 feet tall you know, as you can see by the foliage is extremely sharp. You have to wear special equipment and then you have to rely on a climber catching all cutting out all those young immature cones to prevent one from maturing and then becoming dangerous at first, I didn't realize the impact of the small branches that fall and but it's clear there's a lot of them in with our increasing when storms. It's going to be kind of constant and those things can hurt an elderly person or cause someone to trip trying to avoid so that is another issue in so. I think the real issue here is in as a tree risk assessor. All trees are not equal. You have trees that are just have more in here at risk than others. The planning commission heard people say, well, it's risky. Walking on the street. Well. We have a chance to deal with a tree that really represents a risk. I think can take it and I would lastly say, you know, there's a reason there's only 3 of these trees and the city. They're easy to grow, but nobody wants them because of

this risk and hassle the risk of falling combs and the high maintenance costs. >> Mayor, that concludes the 10 minutes for the appellants presentation. Thank you. Are there any questions for the appellate? >> All right. I did have a couple of questions. >> Not sure who's going to since everyone sitting I'll go for it. >> How long have you been at the property? How many elders have fallen due to one of the branches. And how many claims have been brought against the organization for these falls that are due to the branches in the number of years that you have been at the property. >> I I personally have with the property. >> Sense 2022, the person who preceded me who had not passed would have been here today. She was with the property for 14 years. During the time that she was there and as the regional manager for a year to myself. She witnessed. >> Probably about. 8 cars were hit. Are shed was completely demolished. One resident who happens to be here today was physically injured. And our backflow device about 2 and a half years ago was destroyed. So it's just happenstance another person other than this gentleman here today was not injured by the tree. >> Can you provide additional information out person that was injured as a result of the tree. Our resident here, MISTER Garza. And is one of our avid community gardeners. We have a community garden

located next to the tree for our residents. And a branch fell from the tree. And he's here to tell you more about it today. So when he gets his 3 minutes, he will present bite. It fell from the tree and he's witnessed other times where the pods have also fallen from the tree. But he hit right straight in the middle of his back with one of those branches that you see and he could probably tell you about the size length that branch. >> Thank you. I look forward to hearing that story. Vice Mayor step. >> Thank you, Mayor. I'd be mentioned the hud contract. It decided this is an issue or, you know, many complaints have been daughter died. >> We probably get roughly 3 to 4 complaints annually of various types. I am not personally of witness to a complaint about this tree. Has we maintain it? However, I'm a little surprised that nobody has complained about the pods falling on their cars. I think we just got unlucky that people have come to us to complain directly and not going to hide. >> So in your to your knowledge, hard has not has not cited this raises an issue during the reviews. >> Not yet, ok, thank >> All right, seeing no additional questions from the We will now go to public comment on this side of MADAME Yes, I'm fine. Answer to the question that was raised earlier about the costs of city's maintenance for the tree. >> I can answer that for you guys. Of course. Sorry. I have no idea where your voice came

It >> here no worries. We understand from our parks department the tree cut the maintenance of the tree, which is done. >> For full cone removal every 2 to 3 years cost about 15 to $20,000 for both trees. So both railroad square and the courthouse square and that that includes the labor and equipment as well as 3 to 4 staff members to do that work every 2 to 3 years about every year they do go out to the size of the cones and to see if it's time for them to be removed. And it's possible we MAY have somebody from parks on now or later on in the in the meeting to answer any questions that you might have as well. >> He backing off that one. Before we go to public comment, can maintenance eliminate? How much will it will maintenance reduced the possibility thorny things falling? >> We this the arborists that's on cut under contract with the city and I'm sure he could probably answer that question. >> This is Fred Fry and he was one of the 3 reports that were attached to the staff report. >> Good evening. Can you hear Yes, sir. >> Good evening. An American Council So was the question. The efficacy of caring for that reason. Minimize >> Leaf litter. >> Well, I'm just observing this brand. Sure. Whatever you call it, that sitting up here and I wanted to know the maintenance for the actual pods I know can eliminate the pods growing in falling over

the course the 2 to 3 years. But for branches. How much maintenance can you do? Where eliminate or how much will it reduce the risks from the bridges falling within those 2 to 3, 2, to 3 years. >> I'm going to differentiate that term slightly. So I'm going use the term branches as the larger. What are your stems? That originate from the main trunk and have the full is attached to them? That's one type of failure that has been cited in this discussion. I would call this foliage or a very small branch. Let's to manage that. It's terribly and a three-year span. They they populate pretty readily and they're very, week. So when the wind shows up the blowout. Thank you. >> And with that saying no additional questions for the appellant. We will now go to public comment on this item. Adam City, Clint. Thank you. Are now taking public comment on item 16.1. If you're in the chamber, it would like to provide comment and have not yet provided a card. 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 public record. If you choose to do so. Please go ahead. >> My name resigned. It's over then there are approximately about 7 about 8 years now. I've had the opportunity to be the expert died or in the garden area. And the last 6 >> years, my lady, friend and I we usually set in evening times out in garden area. >> And within that period of time, I've seen about fall off the tree. And I've seen these. Razor needle branches fall off. I've seen kids step on You know, heard a It appears there little sandals flip-flops. Bikes run over him and up one flat tires. Like I said, I'm shooting about 10 Poche They fall in any and everywhere all over the streets. Real people's gardens. Almost hit a car dangers. There's nothing you can do that maintain knows fraud they fly off the trees with type of win. There's not only pods the stickers, there's another type fog I call on those seed pods. They fall off and people's gardens. Come out and stuff, you step on them. They spread out. On observation of the tree assisted dangerous tree. Like

I said to razors, you can't contain, knows nothing you can do about them. They grow up and down the tree on all sides and they blow off the tree when the wind blows that they're dish dangers. Hit me in the back in 2017. And kind of hurt me startled in obviously starting my garden and it flew off the tree and landed right straight my I don't think cream to holler anything but it hurt. You know, it hurts people. I've seen kids trying to pick them up in a scream and holler. It's just dangerous No way around it. In Australia. They force of those trees. And people have walked in there walked out. You know, that talent not to walk in there any given time the pods that they hit, fall on your head that will endure you or kill you. You know, they grow to be 10 to 15 pounds and it's just a dangerous situation. That's basically all I have to say. She is too dangerous tree. Thank you. >> Thank you. Is there anyone else in council chamber wishing to provide public comment on 16.1? Mayor that concludes public comment. Thank you very much. >> So before as the pellets were concluding comments, I would like to as council councilmember MacDonald. For her recusal. Thank you, mayor. And I apologize for not catching this earlier. I would have to recuse myself from this matter out of abundance of caution. >> The Salvation Army is a client of a previous business

that I was part owner and in 2023 in is listed on statement of economic interests. So I will have to be the Dias. I apologize for the delay in that. Thank you. Well, she leaving the asked the for the concluding. >> Comments. But you have 5 minutes. To make those comments. If you'd be so kind, we're going to wait for her to exit the room completely. Thank you so much. >> Thank you. That the mayor. Obviously this is a question of legal. Ability? We would be remiss as counselors to the Salvation of Army if we did not pursue this appeal and whatever other avenues might be available to us to their logical Because those of you who might might have ever been involved. In legal system. GOD forbid, with personal injury, attorney, skilled personal injury, attorneys like we have here Santa Rosa. Know that bless. You can prove that you've done everything you possibly can. Alleviate liability. You're responsible. That's premises liability in California. We have no choice but to do this. We're here asking you to see that. We're very confident the end of the road court is going to say, you know, you're right. The Catherine Anderson. Mentioned the possibility the city,

assuming liability for this tree. You have 2 trees already when you assume responsibility for another one, we're fine with that. We're also okay with planting a new tree. But if the liability is too much to risk for What one other thing I'm just going to mention is that been framed. They didn't really like the way it was framed this There's the Salvation Army. There's is abstract institution. Is these guys with candles and Santa Claus outfits and stuff like this know, ever since the neighbors, these are the neighbors. These are section 8 tenants. They are residents of the neighborhood. There are a whole bunch more of them than there are the handful of letters that you've got. Decrying this. So the rule this tree. And their interests should taken into account along with the U.S. Static interests of the other hand full of neighbors. Everybody a neighbor here. As again, I we've said from the very beginning, there you know, we're we're litigators and 90% of our cases all settle with a with the agreement. City attorney knows this. There's this is perfectly. Right for something that we could agree on. But so far haven't had any respond. We've tried. We haven't a response for the city to come up with an accommodation. What were the other? We're open to that. We thank you for your attention

to this. It seems like a probably a minor matter to you without the more important things you have to do. But for as is very important >> thank you. We will now close the public hearing. And I'll bring it back to council to see if there any questions for either staff or talent. Councilmember out us. Thank you. Member. >> I'm sure for MISTER The presentation. How many of it just the city >> I know for that exist in cities and Reza, but I mean, that's just because I drive There's one on Avenue, one at the Silver Cross, down a railroad square and won a court has square. Thank the 4th one is owned by home. I have no idea, but it's not by the city. As far as I know is it So it's private like a house or it's right on Sonoma Avenue. I can probably find it on a Google map and look that up for you. If you know curious. Yeah, I I don't know for sure. I noticed the tree because you because they stand out to me now. So haha. >> So any additional questions seeing? None. I will pass it over to councilmember coming. >> Thank you, mayor and expose. This is a question has just appointed procedure. Would you city attorney confirm what and I vote means and what a no vote means in this situation since we've got a lot of double negatives. >> So the recommendation of staff is the City to 90 appeal. And so if the motion

is made to deny the appeal. And I would be to deny. No vote would against that motion. It's a little bit on how you make the motion. But if you make the motion as presented. By staff, it would be a motion deny the appeal and uphold the Planning Commission's denial of the tree permit to remove. >> Over the resolution as written resolution of the Council of the City of Santa Rosa denying an appeal in upholding the planning commission's denial of the tree permit to remove an approximately 125 foot tall Biden by new tree located at 10 82nd Street assessors. Parcel number 0, 0, 9 Dash, 0, 8, 2, Dash, 0, 0, 3, product found number tr 2, 2, Dash, 0, 6, 2 and wait for the reading text. A motion made by. Councilmember funding in a second by Vice Mayor step. >> And with that, pretty clear please that meant. Make some comments about yes, sure. >> So I'd like to talk to us for a moment about why I will be supporting the denial and it I want to make it clear that I hear the operational concerns of the Salvation Army. And I've been on the council, it for almost 6 years. And this is the second time we have heard this item and its unfortunate that we're back here again today. The the underlying concern that I hear is about the cost of maintaining you more than one time mentioned that you'd be happy to the tree at the city board. The cost, which leads me to think that it's more about the cost of maintenance rather, then the risk associated with it where the cost of the risk management, which I definitely understand

of those have operational impacts. That said there are many, many, many large trees in the city. And if we start taking them down because they're difficult or costly to maintain. We would have and urban heat sink. Doesn't mean that I'm opposed to the city council at some point in the future. Taking a look at our urban tree policy and figuring out a way to adjust it to. Address the costs and make it more feasible. But that said, if we go forward today and allow this based on the cost of maintenance, which is not one is not allowed for in the code. But I understand that we can make an exception we would have potentially. Hundreds or more people come forward wanting to remove large and expensive to deal trees across the city. And if you look at the city of Santa Rosa, one of the things that makes our community the special is that is that we have so much urban tree cover and there are neighborhoods in our community which are deprived urban tree cover and they come to us asking for additional trees. And so it's part of our climate strategy, which is a goal of the city of Santa Rosa is to maintain the climate protected us from climate change over time. So while I understand that this is costly, it sounds like it's costing about $3,000 a year. And I'm sorry that this eating in your operations. Really am. I know that what you guys do is really important. I do believe that maintaining our trees and not creating this exception, which would open the door of the flood policy

issues that that we go forward today and that the council take a look at addressing up a policy in the future, which would deal with these kinds of problems. So that's that's what I wanted to say. Thank you. >> Any additional comments? MADAM City Clerk me, comment. Thank you. Councilmember Rogers is absent Councilmember Okrepkie. I Councilmember MacDonald has recused Councilmember Fleming. I councilmember operas. All right. Vice Mayor step I Mayor Rogers, I let the record show this resolution passes with 5 affirmative votes. >> Thank you. Thank you everyone that was here today to participate. We're going to collect give you back. Friendly. But thank you for bringing that example. They gave us some perspective. I will now be moving backup tight 15.1 15.2, starting with 15.1. >> MADAM City manager. Item 15.1 report item police Department. >> Annual military equipment report. >> Good evening. Mayor Rogers and vice mayor stopping our council members. John Cregan, our chief of police here. I'm going to be joined by Lieutenant Tommy Isaac Central Tenet. I mean, the center's our tactile commanders. So he

oversees our swat team hostage negotiation team, our canine team, these are subject matter. Expert is going to talk about our presentation tonight be 41 or police motivational turn it over to Tyson. Thank you. >> MADAM Mayor and members of Council. Good evening. My goal here seeking approval for our military ordinance report be giving a brief context. A little bit about a summary of our usage and future purchases that we're looking for. This report just for context was the same report that we provided to the community approximately 2 weeks ago. We actually had a really good a turnout of 15 people where we had almost a two-hour conversation talking about this specific topic and we even brought some of these items out and had a detailed conversations with. For historical This was an assembly bill that was passed by legislation back in SEPTEMBER of 21. We have since had multiple iterations of military equipment report come before council. Now we're asking for the additional approval of such report. As we go into our last year, Captain runs. Mentioned that we're trying to put this back on a calendar year. So report would reflect from JULY to JANUARY The 22 Jan or JUNE of 23 and what I'm proposing for you now and discussing with is going to be a report specifically. >> 4. >> JUNE of 23 to DECEMBER of 23 to close out the calendar year. 23. And then what we'd like to do is come back and now be on a solid year for 24. So this is going to be

abbreviated version based on the requirements of the government code. So we do an annual report out for you. >> Moving >> we will go into the different categories that we have be. 41 initially outlined 15 specific different The Santa Rosa Police Department currently uses 8 of those. And those we will be reporting out on. And it's really important to distinguish is this is our equipment report. But it's important to know that none of these items are specifically a team from the military, nor do we participate in the 10 33 program. So moving into the very first item is going to be our unmanned aerial drones. And it looks like this actually maybe last item that has gone up. But for our usage of this year, see it to see out of order. So for our drones of this year, we primarily use our drones for suspect apprehension and for missing persons. And we also use them specifically for our crime scene investigators or field evidence tax basically diagram crime scenes and traffic accidents to help alleviate in time expenditures based on detailed accuracy and use overall the expenditure in the annual cost during this time frame was a pretty high. But that was due to the approval of the purchase of the photo. Kate. So this annual cost period was

$89,665. But that also approved the tethered, a hydro that we had purchased. Moving forward. What we're looking job in for just a second police. We have a question as to whether the presentation that we have in our packet. >> Okay. There might be a discrepancy here. The presentation that that that your display isn't matching the one that's in the >> That's correct. I actually I don't have this one up there looks like the costs have been changed out and adopted to this But I can use this this. This will. >> If you can give me a moment, I can pull up the correct one. Correct. MADAM Clerk, I believe that cop drive to should you need >> Thanks, everyone. For their patients looks like we'll fix here. Adapt and overcome. So you have things for patients or interrupt your flow. Are we do we get to go? Yeah, that's okay. I just had to adapt because it was out of and this will make a little bit more sense when go to the next slide. All right, thank Where I was at with projectiles. So we've already briefly spoke about one, but in the order that I have and that you have before you that will match up a little bit more eloquently with your staff report is the projectile launchers that we currently possess. >> These can be used not just for kinetic energy, but also for chemical deployment and they used as an alternative to much higher potential lethal force much to view of a sponge around 40 millimeter launchers. We had 0 feel deployment of these for reporting period. And we had 18 different training deployments. There was no

annual costs because we've been using what we have in stock and the request the next year is to purchase approximately 350 of them to increase or training to deplete what we have currently in stock based on their shelf life and for our overall training. This is used Pacific Lee for every patrol officer carries one of these in their patrol cars are mobile field force carries these. And so does our swat team. Moving on to our chemical munitions and diversionary devices. This is also known as our gas. Our flash bangs, our swat team and are a mobile field force team. Kerry, specifically just the gas and our swat team carries the flash bangs has previously explained. These are loud devices that provided a loud noise brio a bright light and they're primarily used as a distraction tool. We also use or the gas for riotous situations. We had 0 in the field by swat or mobile field force of any type of gas we had to 31 separate deployments in regards to training with no annual costs associated to this and there's no future asked for additional devices going into this next reporting year. And this is a a view of the different types of munitions and gas that we currently have. Going on to our command and control vehicles. These are also known as our incident command vehicles in the last presentation you saw our big vehicle that we for. Significant crime scenes or big community events. This has been put back into and had some up and downs for mechanical It was deployed

twice this year. It was primarily for community events. There's some heartache was driving this vehicle because you need to have a special license to drive it. And not a lot of our officers have that. So this becomes a little bit cumbersome at times. We also mentioned last time during this reporting period, we did purchase a smaller vehicle that looks very similar to this. That's currently being built back east. And that's our mobile hostage negotiations in command control vehicle. The idea for these vehicles is to bring our incident command, our tactical command incident commander out into the field to get eyes on and participate. What's going on. It also allows our hostage negotiations. Teams to focus on de-escalation as we have critical incidents. Going back to that, they're it. We had the to field deployments are annual costs. Pacific Lee for the larger mobile command vehicle was about $5546 now is basically gas and maintenance. And there's no current ask for anything additional moving forward. The long-range acoustic is similar to last year. This was used approximately 7 times specifically used for swat and high-risk negotiations to provide focused sound. This device provides a unique way for us to communicate, not just in high-risk search warrants but or critical incident, but also during natural disasters. We're trying to get specific focused information to the community and what we're trying to get them to do. Moving forward to our specialized firearms and ammunition. This is separate from the firearms or rifles

that we issue every officer. These are special rifles that are assigned to our swat team or our scout team they shorter in length for entries. They're more accurate. These are pictures of the top are the entry rifles and the top are our scout rifles. They were deployed 7 times during this reporting period. None were fired in the field and I've only been fired during trainings. Annual maintenance cost or overall cost during this reporting period was $4,725. The projected a need for next year is an additional 5 swat rifles. And that's because we have them on a reoccurring replacement plan due to the amount that they're being used and degradation of the barrels. We're also asking to purchase some more scout rounds for the rifle on the bottom and more rounds, a duty around specifically which are separate from our training rounds and then we are also and this is a new item for the police department. Are suppressors, which are and doctor to end of the rifles, which are for a better word or better explanation is kind of a personal protective device. What we've seen swat operators who have been on the team for many years have started to have hearing loss. And we have found that it by implementing in suppressors or silencers, that it is a personal protective equipment, a need and we are trying to catch up to industry standard. So were the request is to purchase. 25 of those specifically for the swat team. 24 with one spare. Moving on to our armored

rescue vehicle, also known as our Bearcat. This has been deployed 9 times and 7 of those were for the high-risk search and critical incident said I'd mention prior and they're also in your staff report and the actual report it was deployed to additional Cuba to community events for Leadership, Santa Rosa and back the Blue Church Church event. We had very little. It was a high expenditure last year due to the initial purchase. But this reporting period we only spent about $238 in gas to move this around. There is one additional purchase that we're looking for this and that is an attachment to the boom in the front to potentially have been to deploy gas remotely by using this device. And this became need in our incident down in Petaluma that we had where officers were taking around and they're trying to gas into the House or into the hotel. And we didn't have the apparatus. So that is a request. That Trico p for gas. This perch, disbursement attachment for $25,125. And that is our armored vehicle rescue vehicle. This is the one that if we are requesting mutual aid in need more than one, that is the sheriff's department, one, which we have also requested natural disasters. Breaching apparatuses the last presentation we talked about purchasing a kinetic preacher. So we also use specific slugs or the kinetic breaching tool. We had 0 deployment of these

during this reporting period. We had the annual cost or the initial cost was 13,000. This was a significant interest of mine of wanting to get this on to the swat team due to the issues that were present in Uvalde in regards to opening multiple doors really quickly, we've had our own scares at the different high schools and trying to use a mechanical entrances would be very difficult, especially on some of those. So I'm very happy to report that we do have this, but we've had 0 deployment only training with I hope that continues future purchases. I think we're just looking at purchasing a couple more of the slug rounds that typically are used to shoot out basically the door knobs oranges of doors. I'm an area and Jones, which we briefly spoke about earlier the beginning. We had our hiccups. We are. Looking to continually expand our drone program. We found that it has nothing but positive benefits for us. We had 92 field deployments during this reporting period. The most of them for suspect, apprehension, missing persons and diagrams to break it down to understand exactly what we had 4 or for search warrants, 9 for missing persons, 9 for critical suspect, apprehensions 5 for crime scene and vehicle accidents and then 60 for training and community engagements on the very bottom. You can see that drone. That's our interior drone that we instead of having to send a person or a dog into a house. We can send this device in. We are looking to purchase 2 tells in the top left corner that are pending approval from council and the additional robot which were still pending attempting to purchase. But they were just

acquired by another company. We're also looking to expand the program to buy for additional smaller style drones that we can use in tight areas such as under creeks and bridges and under the foliage is of trees and into into a businesses. When with clear alarms, it's safer for the officers and it without having send a person or a dog. We can use technology to advantage. So that's the rundown quickly of what we're looking for and what we're looking to purchase we are seeking approval to continue our equipment. Should we not have the approval we be relying on outside agencies and their equipment, which would be which would take the control and the abilities out of our hands. Questions. Thank you very much for the presentation looking council and see if there any questions. And I see >> I just want to clarify the recommendation. I think that's the recommendation. Slide MAY have from when you adopted your That is I'm understanding it what the pd is recommending you accept the report that they have presented to you today and then as required under state law that you make a determination the at Quitman use ordinance that we have on the books. It should not be repealed amended at this time. And then there is a an updated resolution that supplied by the clerk earlier today. That i understand is the resolution staff is asking council to adopt. That would be consistent with what I just

read. >> don't have to change anything for the calendar year to be change right? Just checking. Councilmember Fleming. Yeah, thank you so much. It sounds like you've excellent job of stewarding our resources. >> really appreciate it. I did have one question. You mentioned that one of tools was used in a religious event. Can you speak to that? It was just a community engagement event that was hosted by all the different congregations throughout the city of Santa Rosa. All of the different congregations. That is correct. Do. He sure all of the different congregations. >> I think to clarify that went and anyone who was invited through the city of Santa Rosa went out through faith-based organizations like that through their networks invited things. I saw it. We couldn't say that every faith based organization in the city of Santa Rosa showed up through our faith-based coordinators, put that word out there and was invited to anyone like that. It's a national effort called faith and blue goes on across the nation every year. The first weekend of OCTOBER, we participated that has that thousands of police agencies across country. Okay. >> Well, I think that you're doing double be supportive of keeping the staff recommendation I would like to see is not use resources for religious events, period. I think that it's not necessarily in line with how I would like to see us deploy our resources. Nothing about religious organizations or anything like that. I just

don't think that we should be commingling our resources with their event because I don't think makes for for good policy in the long run and is not and that's really an appropriate use of public resources. But other than that, I think this is great. So actually are. Our event likely to different organizations we're always open to going out to different organizations to participate events are be a part of the community. You can't. I mean, I understand you're saying, but >> to say that we can separate the 2, don't really go hand in hand. We need to be able to allow people to know what it is that we do here at the city, whether it's police fire or anyone else. So I am I am open to us going to organizations and also inviting them here to the chamber in to participate in other activities that the city has, because I think it's very important that we know that they know that we're all a part of the community, no matter what organization you are a part of, you know, we need to embrace that. That would be my $0.2. >> With I didn't have question. And that question was. >> You use the term amount they are used. And I thank you said that 4 rifles. So I just want to clear caption that I heard it or what was meant by. The was is that it increased amount that they're being used. The rifles for replacement or >> no. We so our swat use

their firearms training. You know, 3 6 to 9 times a year when they put a lot more rounds down range because they get to train more than our average officers. So those rifles have a shorter life span. So we have them on a 5 to 6 year replacement plan. And that's what this is consistent of wanting to purchase. 5 more is to replace the ones that are outdated from. Previous. >> Thank you for the clarification of life and they're being use. Let me check in on that one so. Thank you for the presentation. It doesn't look too be any additional comments or councilmember Overs. Thank you, >> You stated that we use or vehicle aluma for one incident that a hotel or something of nature. And you also mentioned that some of county has lent us their vehicles in our time of was of theirs compensation for that use from the originating city. >> So for the event, specifically that I spoke that was actually our event in our incident that had traveled from Santa Rosa down our initial with the sheriff's department when we use theirs or they request a mutual aid, it's done through a mutual aid agreement. We were paying in to the sheriff's department for maintenance in the past. But that has since ended with the purchase of appreciate that. >> Are there any additional questions? Seeing none. MADAM City clerk please facilitate

public comment. Thank you. You're now taking public comment on item 15.1. If you are in the chamber and wish to provide public comment. >> Please make your way to the podium. You will have 3 minutes and a countdown timer will appear on the screen. Mayor, there's no one approaching the podiums for public comment. Thank, you know, handed over to councilmember over us. >> Thank you, MADAM Before with the resolution most command chief for having access to all these devices, weapons military grade weapons devices and not using them. So I must commend only yourself, but all officers. So the city of Santa Rosa for de-escalation tactics through the the approach through the hiring of officers that looked like community, they serve specifically Rosen and it's noticed appreciated. And I the result that we're seeing is a testament to the to those efforts. So I do appreciate that. Thank you. And with that. I will presenting a which has been amended. And it will be adopted such and is entitled Resolution of the Council. The city of Santa Rosa approving the Santa Rosa Police Department. Military equipment report and determining that the city military equipment used ordinance Cotto fight as chapter 2 Dash 3, 8, of center of the city code should not be repealed or amended at this time. And we've for the reading of the text second. >> I'm a motion made by Councilmember Alvarez and a second by Councilmember

Okrepkie. Is there any further discussion from council seen MADAM City clerk me please call the vote. Thank you. Councilmember Rogers is absent Councilmember Okrepkie. Councilmember MacDonald. I Councilmember Fleming. Yes. Councilmember offer us nice mayor. Stop I Mayor Rogers let the record show that passes the 6 affirmative votes. Thank you very much for the presentation. Moving on to item 15.2, MADAM City manager, thank you. I don't team point to his report independent police auditor annual report. So while they make their to the podium. So in 2021, the city contracted. >> I ours are independent police reports directly to the city manager, the scope of their work includes conducting community outreach with various city and community stakeholders. Hosting community meetings twice a year facilitated by the Chiefs community. Ambassador Teen Contracting with the equity consultant to ensure a comprehensive understanding of diversity, equity and inclusion and presenting the annual auditors report to the City Council, which is before you today. So I would like to introduce Michael to not go away are who will introduce his team. Thank you. Thank you for the introduction. City manager. >> Mayor Rogers Council, it's a good to be with you all again. I'm on a return This is a really an intent to give a high level presentation with regard to our second report to you all pursuing our charge. We expected to provide an annual report relating to the work that we've done as your

independent police auditor. You the report submitted as part of your agenda packet. But this is really intended it start just focus on some of the systemic that we identified over the period of time and take any questions you might have relating to the report I the fortune of having. My to my colleagues with me this this afternoon to my right is a long-term colleague of mine been working with me for over 20 years. Stephen Connelly. And then to my left is colleague that I've been working on a national scale past PRESIDENT Of the National Association of Civilian Oversight of Law Enforcement. Brian Core. We're going to be dividing up this presentation of between the 3 of us. But I I guess I get to go first, what I intend to do is just to provide again some context to why we're here. What we've been doing and how it is that we ended engage with your city or group itself is a group of police practices. Police practitioners who are of providing oversight to a number of jurisdictions in California outside of California, including your city do independent evaluations of uses of force internal affairs investigations and any other systemic issues are presented during our our audit. As the city manager indicated in we were appointed in this role. We had some prior engagement

prior to that appointment in the sense that we were very involved in actually being involved in the internal affair investigations that and the force investigations that came subsequent to the protest activity after the murder of George Floyd and some of concerning uses of force that occurred during that period of time issued a separate report to you after the conclusion of that process. So we we became from our year as a result some of the unfortunate activity during those protests and then transitioned to a more proactive role rather than reactive role in conducting these audits on a yearly basis. One thing always want to try to explain is that. The model that has been adopted in Santa Rosa is a relatively unique model. And what I mean by that is, again, talking about proactive in real time versus looking back and reactive. The model that was adopted by you all and the ones that are in our scope of work is to not wait until police department makes a decision about whether of force incident or whether internal affairs investigation he's inside or outside the policy and then completing the package is letting the officer know letting the complainant know the result of those investigations. And then giving it to us for independent review, which is that is a model that we employ or deploy. And a number of jurisdictions, its more traditional model. But it's

after the fact its. With the benefit of hindsight and under that model, if we have some concerns about the strength of the investigation, if we have some concerns about the quality of that investigation, whether witness was interviewed, we're not issues that in our view should have been explored, were not explored. If we have concerns about the reasonableness of the outcome, that investigation. We can write about that. And in other jurisdictions we do right about that but there's nothing that can be done to undo those decisions because they've already been made. Investigation is put to bed, if you will. And we're just looking at it after the fact not to say that doesn't have any value, but the model whether a doctor here is quite different in the sense that we are engaged and involved in any investigation. Internal affairs investigation from its outset from sort of a cradle to grave coverage, if you will, with your card to use of force investigation. We're a complaint investigation. What that means practically is that unlike the U.S. Store after the fact kinds of reviews that we do in many other jurisdictions in Santa Rosa, we can actually have an impact. Well, that investigation is still alive, if you will. So we're getting real-time notification of complaints were talking a complaint in sun. Introducing them to the process. We talked to the complainants about our role with regard to this process and that we're going

to be part of that role and were actually reviewing the body-worn camera. The police reports the interviews of the officers. We have the ability to actually sit in on interviews of witnesses, witness officers, subject officers and offer suggestions on areas of questioning that MAY not be covered initially. So it's a different model and it's a real-time model where we can really impact the investigation while it's still going on, which means that. Ultimately we're usually in agreement with regard to the strength of that investigation cause we've had a role in shaping it as well as a result. In order to do that work. The department has provided us direct access to all the confidential information we need to do our job and what that means is, again, instead of having to wait for a thumb drive to come in the mail filled with historic cases. We actually have direct access to the database that the department uses to collect and a call late the information from the investigation as it's being received. And we have direct access to that information. Unfettered access is the word I like to use because we get to see well ever. We need to see in order to do our work without that access work will be relatively meaningless. The other thing that we are able to do and entrusted to do by you all as leaders of the city with the concurrence of police chief is that we also are involved in critical incident review. What that means is critical incidents er

incidents that significant impact on the community. Those include things like officer-involved shootings, in-custody deaths, issues that. Really are important to the community to make sure it's a fair process, an objective process and that the right result is reached and we have significant involvement in the same way we do with cases on those kinds of events. We also end up taking a look at policy and procedure as a result of the work we do so if we see a that is current and we see how that policy MAY not have provided enough guidance to officers with regard to what the expectations are of of the leadership of the agency we can make recommendations on changing those policies, improving them. And the other thing is as a result of the work we do in many other jurisdictions, if we find a policy that in our view provides better guidance or improved guidance, we can take that steal it from that other agency and work with the chief in an attempt to export those policies integrate them into the current policy manual of the Santa Rosa Police Department. And we've done that. I'm on a number of occasions. And then finally, the annual public report, which is a report to advise you on what we're finding, what we're seeing, what we're recommending and then and I think most importantly providing that Cain same kind of. Assessment to your community, your communities, your your residence and that's rare. Even in California as progressive as it is. And even in California where there are a number of jurisdictions that have adopted oversight, the vast majority of jurisdictions

that have police agencies have nothing like what you all have and that level of transparency in my view is the most important thing policing has for a traditionally been a very, very confidential cloistered closed system. And there's reasons for that. But more and more, I a more and more the public is interested in more engagement and more information and us being able to provide a public report, I think is extremely helpful to providing a level of transparency. We get to look under the hood of the agency in a way that no one else does. If we just looked under the hood and said nothing to see here, that wouldn't be very helpful. So I think one of our main responsibilities is to take that review and find a way to report that out while still respecting the confidentiality and privacy concerns of the officers. Compliant with state law. I'm now going to turn this over to talk about our public engagement piece, which is I think another important piece that we here in town to do tomorrow. As part of our our outreach so that people understand what we're up to an alternative. I'll turn this aspect of the presentation over to my colleague Brian Bryant. All right. Thank you, Mike. And thank you to the mayor and council city manager and city staff I say quickly, again, my name is Brian Core. I live in Cambridge, Massachusetts. So I've come a little bit of a ways to be here, too. >> here with my colleagues and work with the team. I've done work our group I'm not my 5th year of doing that work. I realize that what I was

thinking about this and my focus and a lot of my work is really around issues of equity, inclusion and the impact of trauma on all of the people that we're dealing with, whether it's community members impacted, family members, police officers, everybody who's engaged in the work of law enforcement, criminal justice system. There are aspects of trauma and I'm always thinking about that. I am still very involved in a coal. The National Association for Civilian Oversight Law Enforcement independent of my work I r I don't work with communities from Berkeley, California, to Bennington Vermont coming up in Baltimore, Maryland. So I do just want to say before I get into more detail that the work that Oir is doing in Santa Rosa, I think is really special because the model that the council worked to create along with city staff and Oir group, is fairly unique and it provides so many benefits around access around community engagement and around having a collaborative relationship as much as possible to promote better policing and the kind of public safety that this community wants and deserves. And so as part of that work to understand what the community wants and deserves. Part of my focus is really helping oir and really with the help of city staff and administration to connect with people in this community to hear about and find out about their experiences, separate from the process filing complaints. And so as Mike mentioned, and we heard earlier today, we will be here all day tomorrow.

We're going to have a meeting in the afternoon with the chief's community advisory team, the Sea cat. We've done this a couple of times before and found really valuable for us to hear from them, but also for us to share what we're doing because they do a big range of people in this community. And I just mentioned that one of the things about this particular model of the Sikh have, which is different than you see in most cities is it's not just the chief going to people that the chief knows or friends of the police department. But there's a process with the city manager's actually appointing people broadly representative of the community to advise the chief and also to be a two-way conduit for information and concerns. And that's something that you really don't see in other places. So it's really good chance for us. As I said, when we meet with them tomorrow and they also informs the work that we do is we think about how can we be effective in communicating with complainants? How can we be effective Phising the Santa Rosa Police Department in their work with complainants and just people in general who are having encounters with members of the police department tomorrow evening from 6.38. We will be at a community to present this report and to take community questions and have dialogue. I will be at the utility's field operations Certainly anyone

who is listening and members of the council are more than welcome to attend. It's again, a really great chance for us to hear from people in a format that's not just complaints or not sort public form for broadcast, but really a chance for people to have more direct engagement. Tomorrow. We're also going to be doing a visit to the in response program so my colleagues have been there. I have not to be able to see a little bit more about what they're doing and how they're set up. And we will be doing right along with members of the department to see them do their work in a real-time basis. And one of the things that is so valuable for us and doing right along is that we both get to see what people are doing and not just read reports and watch camera video afterward, but it's also a chance for them to get to know what says people part of the effectiveness of civilian oversight is that you have relationships and that doesn't mean that you always agree or your necessary best friends. But it does mean that you're able to do things in a way where people feel like they're being treated fairly and with justice. The same thing the community members ask of our police department. We know that community members and police officers asked that of us. I will just say quickly to I want to go into much detail about what's in the report because you have the report. But last year we were able to do community engagement and we're here JUNE 2023. Met again as we plan to tomorrow with community members and both formal and informal settings. I we had the chance

to meet with the chief to do ride Alongs to meet with other key staff at the police department. And then later in my colleague Steven Mike, were able to come here to attend the City Council's Public Safety heard the chief report on. The police department's response to the recommendations from that report that will be coming up today. And it was also an important public facing opportunity to hear back from community and to engage with them about the work in progress. So I think I'm going to stop now because I could start to go on about all the exciting things I think about this work. But I really just want to say again that I'm very privileged to be able to come and be part of this team working with my colleagues, but also working with the Santa Rosa community. I've been singer really impressed with the quality of work at all levels here by the elected officials by the city administration, by the police department and by community members who are very serious about engaging again to create the kind of public safety that Santa Rosen's need want and deserve. So thanks for the opportunity to speak with all of you. >> Good evening. MAY Rogers council members very happy to be back with you Steve Connelly of of group. >> just one more thing before we move on to the next slide, why we really do want to emphasize that one of our rules is to be a kind of an independent facilitator of of community contacts and questions about the complaint process. And when they have issues about the department and so are our contact information is available in a couple ways. And we actually

we were talking about earlier today. We're averaging, you know, one outreach a week from the public, whether it's to copy us on a complaint and make sure that we're aware of it or to send the complaint directly to us and ask us what's supposed to be happening next year, maybe just to make an inquiry about the department what their options are with an issue that they're having. So I think that that is a feature that we really want to emphasize in terms of, again, as Brian was saying, any members of the public who are are I'm watching this or who will be out tomorrow. Please be aware of of that role that we're able to play. I'm going to talk a little bit about the Nets and bolts of our work. And I would say the majority of our function relates to our active monitoring of the discipline process, the investigation into allegations of of officer misconduct. And just a couple things by way of of a stage setting. One thing that I think a really important aspect of this is the importance of the police department's cooperation with our role and what we have regular zoom meetings scheduled with the city manager and when she meets who have been doing this for a year and a half now and she always asks the same question, which is, are you getting everything you need from the department and the answer to that has has always been yes, they're very, very engaged in making sure that we're aware of what's going on and and our questions get responded to very quickly. Whenever they came up. So collaboration, I

think it's helped us to be at effective in our role in a way we otherwise would not So as Mike was saying earlier, we do have active participation the investigations up to including sitting in on officer interviews and participating in those and then consulting with the department on the appropriate out comes to cases to be clear, the model was set up so that the police department and the city manager's office are still ultimate authorities. With regard to these disciplinary matters, we didn't take over that. We're not substituting their judgment for the departments, but we have the opportunity to weigh in on everything and make sure that our questions have been answered in our concerns have been addressed at some point. In terms the particulars from this year's report, a 56 new cases were investigated by the professional Standards unit. That was a mix of public complaints. I think there were 41 of those which was actually a from from the 2022 totals and that the remaining 15 cases were generated by the department in response to issues that it had identified. And in fact, some of the more serious cases that we looked at were ones that first came to our attention because the department as part of its review processes had a sense that something, you know, we deserve further attention. Kind of had raised concerns. I certainly want to flag the importance of body-worn camera in our process. It is a big investment for for police agencies and communities to be, you know, equipping officers with body-worn camera and maintaining on that. That makes a huge difference in the efficiency inclusiveness of investigations. And again, we have access to all of those videos so that we are able to kind of independently assess

and contribute in that way. And one of the things that the report mentions and focuses on is that overwhelmingly whatever issues that the individual cases MAY bring to our attention. One thing that we do not see is a lack of come clients with officers with the body-worn camera policy. They turn them on. They keep them on their sticking to that. The requirements that are established under the policy and that is 2 things I would say one. It's a very big difference maker in terms of our ability to to make and and 2 is it's it's not a universal experience for us in terms of all the jurisdictions that we're working with. So it's a I think deserving of of a little bit of extra attention. And then last thing on this slide, the report ends with an appendix which is okay, status chart. That is again, something that the city manager kind of had pushed for in terms of increasing transparency in giving people more of a sense of what kinds of issues generate these complaints. One of the ways that the department is getting crossways with the public or the internally generated issues. And while obviously preserving the officers confidentiality rights and removing any identifiers that we provide an overview to the public just to kind help with that transparency education of of what is getting looked out and what the outcomes are. As far as our ultimate again in just kind of a a a summary sort of way, we are pleased to be able to say, as we did in your one. Our sense is that the department's process

absolutely has legitimacy that they take allegations of misconduct seriously, that they investigate them thoroughly and appropriately. We've been very impressed with the quality of the for that that the 2 years that we've been doing this. This as I since says on the slide, several of the complaints related to issues of homelessness enforcement that generated a significant percentage the 6 or 7 of the 41 public complaints. And all of those were exonerated. They were all looked at carefully, including by me in and we recognize what a sensitive issue it is in the community. And one of the I think the key points, one of the key takeaways I had was just it was very clear in reviewing those investigations that the homeless that the downtown enforcement team that specializes in addressing these issues is extremely well versed on what the rules of engagement are and with the legal requirements are and they deal with these things in a com controlled and professional way and again of the different complaints that were that were raised all of them were exonerated. We agreed with those outcomes and then there were very, very few allegations of of biased policing, which is another sensitive area. I think there were 2 cases where that was an element in. Neither of those didn't. Did we find that, you know, that the officers actions had been based in any way on improper motivation. In terms not to, reiterate this

too much. Again, we have have involvement is Mike is set at every stage of this from the initial shaping of the allegations based on the complaint to working through the department. Just want to focus on that last element of this slide, which is the opportunities for holistic intervention. One of our big themes is to say, let's please take each one of these complaints, not just as an accountability. Question, which is very important to the officers violate policy or not. Do they need to be held accountable? But beyond that is there is incident or any aspect of the incident? Are helping to flag a performance issue that maybe doesn't rise to the level of a policy violation. But it's still deserving of attention in some way. Can we work with the officer communication skills? Did they handle this? You know it in the ideal way and are there ways that we could go back in follow even though the outcome of the of the complaint is that it was an found that are not sustain. The other thing that I want to touch on is that again, as part of our relationship with the city in the scope of work that was established 2 or 3 years ago. We have the opportunity to go beyond the core function of being involved with complaint process and that the misconduct allegation review process. And we chose to to follow up this year by doing an audit of some of the department's uses of force. And the point of this was really to focus on that the the effectiveness of the department's own review process itself. It was something that that had come to our attention year one that we had some questions and

interest in. And this year we're really able to delve into it much more systematically again, not to relitigate the outcomes of any individual case of but because they were all completed. But just to take a look at a whole bunch of them, all different kinds of force options and see what we thought of the mechanics of the department's review process that we have recommendations for enhancing that it was something that we touched on last year. I know the department paid attention to it and that that is an ongoing process that that we are pleased. We had an opportunity to meet with the chief today. I think the department is continuing to focus on ways to enhance its its use of force review process and we're happy to be able to play an active role in that. So it in terms of that, the findings are the outcomes of our audit. The data, all of the deployments that we looked at from a random sampling were found to be in policy by the department. We concurred with that. But our big takeaway was and this is obviously at the edges rather than the more concerning. Hey, the department is saying these things are fine and they are very much not fine. That's not the issue here. So we're kind of grading on a curve it's a harder Kerr for the department because their core functions are actually very effective. >> Having said that, we do see areas where we have encouraged the department to be more comprehensive, be more regimented about looking at each one of these incidents in a holistic manner and trying to see is there anything any aspect of this now that you've had the opportunity to review

give it that extra scrutiny and oftentimes in our experience, there is training supervision officer tactics the equipment issue work didn't work. There's something that that merits follow-up. And I think sometimes the department has recognized that stuff itself and maybe address to informally. But we would like to see it become more routine aisd and standardized so that it becomes more of an expectation for supervisors and each one of these cases becomes an opportunity for for the department and individual officers to to get better. >> The last. Element on this slide has to do with the new protocol for major incident review. That with one of the i think. >> He achievements of of the department from policy procedure standpoint, one of the key changes. We talked about it with the department today. We are feeling again based on year. One in particular was that there was room for the department to take a more robust approach to some of these incidents that that for whatever reason, their high-profile that they've resulted in significant injury to the different aspect of it presented unique tactical challenges. Can the department take very capable, talented folks that it has put them together in such a way that they are giving these incidents more thorough scrutiny on a on a individual case-by-case basis. The department developed a new policy that we had an opportunity contribute to. And we think that that is going to enhance the effectiveness of their critical incident reviews. And again, those look

in 2 directions when we think of the incident that's already done and what lessons learned are that they were going to be able to to push out and maybe enhance performance in the future as well. And then we certainly are interested in any questions that you that you have. But our report as it did last year, had resulted in several recommendations for the Get turned over to Mike to just briefly summarize these. And then again, we're we're happy to answer your questions. Yeah, I I will just which >> Talking about the recommendations. There are 6 of them and this report. There were more than the first report and that's not unusual. But what I would say about this is the low hanging fruit is gone. So are now going from oversight. 101. >> To sort of graduate level oversight, which means that, you know, we're at a higher plane. Recommendations are are pretty technical. But I think important I think will improve the continued our coverage form that we have seen in the couple 3 years that we've been I'm part of this part of situation here they really, really boil if you could boil down all off, follow a common theme in my view, which providing more information and documenting what you're doing police culture being what it is. It's a really active job. You know, you're in your radio car, you're going call the cause here. Making observations. You're engaging with the community. You're moving. You're moving your moving and there's an expectation that you're going to continue to be very busy during your shift. >> And traditionally, as a

result of that sort of culture that developed police. We're not terrific at documenting corroborating and and putting writing what they were doing, whether that you know, supervision, particularly with regard to first little supervision, providing that information. You know, Sergeant. Well, oftentimes be course correcting officers, particularly new or officers. But those with the sergeant feels need some sort, of course, correction. And that's done all the time every day. But unfortunately, a lot of course correction or remediation on becomes part of formal investigation. We're not talking about that kind of performance. It doesn't get document and therefore for auditors that doesn't exist. And doesn't really exist for the department as well. If it's not written down, it really isn't there. So what we continue to push the department is to continue to document information, continue to provide as much information as you can. Complainants you know, over the course of my what I see most frequently there's a state law that requires that when somebody complains about a police officer, state law says you've got to send them a letter at the end of the process and writing advising the the results of the investigation. And that has been complied with in jurisdictions. But most of the letters that I've

seen over the course of the 20 plus years I've been doing that is about to sentence is certain. Thank you very much for your complaint. And I don't think whoever wrote that letter really is is that happy about receiving a complaint? So there's that part. And then there's we found, you know, based on our review, we found nothing wrong with what the officer did. Thank you again for your participation in the process that I think has more to offer, put complainants and almost anything because its a form letter doesn't say anything. And the complainant who already probably has some level of mistrust or distrust of the police that only exacerbates that level of mistrust or distress in the sense that. It doesn't appear from that letter the department took his or her complaint seriously. And even in cases in which they've done because of that feedback, which is almost nothing. There's a disconnect there so what we continue to push the department and that they have accepted in the letters are getting better is to provide more information. You've got to balance that against the confidentiality and privacy interest of officers. Obviously. But you can tell them we looked at 20 videos in order to get to where we came to their conclusion. We interviewed 12 witnesses, whatever we looked at, you know, surveillance videos that were, you know, that were captured as result of the

incident so that you have a bit so that the complainant MAY not still be happy with the result, but at least will be able to understand that this was seriously taken and that there was a robust investigation behind it. The other thing that the department does that we also see is an added feature, which we don't see in many other jurisdictions. Is that quite frequently, even before that letter goes out. But at the end of the investigation, the internal affairs, a team will actually reach out to the complaint. Coleman and go through the incident or the investigation with them to provide additional information. It's not going to make any but everybody happy because people sometimes just want the result they want. But I do think it goes a long way, too, creating a some level of trust or confidence that complaint was taken seriously. The the other kinds of recommendations are really about what I said at the beginning, which is just providing more guidance to. Particularly supervisors, but also officers that. Any remediation, any course correction in any kind of intervention, any kind of counseling, any kind of training is written down and and documented so that it exists so that you have a full account of what interventions were done in order to improve performance, which we think a healthy organization ought to be doing we'll let the chief speak to whether to what degree he agrees with the recommendations. I think that's part of the process. I think that happens in JULY

before public Safety committee. But so far we have received questions and engagement with the chief. We met with him today. The fact is the fact that engages with us and ask questions about how do you think we should best implement this if we're intending to do that, that's way better than we accept everything. Thank you very much. And then the report goes on the shelf, which is unfortunate and happens in other jurisdictions, but not here. Not And if it did, we tell you, we're going to leave it at that. You all had a long very long agenda. And so we'll leave it at that. But are here for questions. And look for the opportunity answer any questions or comments. You MAY have. Thank you. >> Thank you very much. Looking to council to see if there any questions. I just had. I think 2 questions. One would documentation in my field. If you don't document it doesn't happen. >> But with the body-worn cameras, does that take away a some of that? Because there is another source that can be referenced in these situations. >> Yes, Mayor Rogers, it does. And it does sometimes the interviews aren't as important as it used to because we do have documentation. We have. The event captured quite well. And pretty clear audio and Sometimes you don't always have it. But what we're really talking about isn't going to be captured by the body-worn camera necessarily because it's the interventions, the corrective action, the evaluation and the assessment

that has to be written down based on the review of the body-worn camera. >> Thank you for that clarification. And then also I wanted to know for responding people that make complaints by letter. Does depending on what you put in that letter? Does that it to any >> guilt. >> Well, it should. If there is killed, most of these cases are end up unfounded are exonerated. But you know the letter, if, in the department found that the actions that were complained of are actually a violation of their policy. There is an obligation to inform the complaining about that. And I think it's, you to the degree that there are other interventions that do not suggest a violation of policy. I'm not sure the complaint it needs to be aware those those should be documented It. >> I wasn't really violations of policy and thinking like policy was followed to the tea. But there MAY be is something that the department could still learn or something that was because we looked into this situation. It was brought forward even by verbalize ing that are writing that does that is that in a mission to wrongdoing the department is what my question. Yes, it is. >> So it's a great question. And and the answer is. If it's intended to improve performance, but it's not a violation of policy, then I

don't think it's an admission of liability. It really is just the complainant that. While we didn't find that the officer violated any policy, we felt it was helpful to reinforce what we have already trainee officer are with regard to All right. >> Perfect. And I think sometimes that's just what people want to hear. Absolutely. So the saying no. Councilmember MacDonald. >> Thank you. I know you when your suggestions and I really appreciate that. The chief is open to listening to suggestions and really want to commend the department to being, you know, part of this whole process and and really being open to the constant feedback. There's not many jobs that every single day when you're in your job, your cut getting constant performance review is which is what our officers are. Part because I would almost guarantee that if we did that to not just city of Santa Rosa employees, but any employee, if you had a constant review, you find a lot more violations. And what we have in this report. But my question really goes around to the documentation and what you suggested that our officers are writing, do we give ample time during the day for our officers to actually write these because my understanding is public service should be out actually in our streets doing the job. And so I have some concerns over the amount of time we're asking them to put in formal letters. And I I'm not sure what that process is. >> it's it's an excellent

question. And we always balance the interest in having officers in the field responding to calls and being proactive in their policing responsibilities when they're on patrol versus the need to document. Obviously, when there's an arrest report needs to be written in order to support So there's always going to be a report writing a requirement and we recognize the balance there. So we recognize that same is true with first-level supervisors. You know, the most effective supervisor is the one that's out in the field. Checking in on the officers. They're responsible for. And if you put him in the station the whole day, that does intrude on that ability. So there needs to be that balance. On the other hand, I think it is important and helpful to have some level of documentation. For example, council MacDonald, there's a new emphasis on de-escalation and you heard that in the a beef, the military equipment presentation, how the department has embraced this at de-escalation state law actually requires it. But if you don't. Instruct officers and sergeants to document effort to de-escalation. It's not going to be in the report. So you won't know from looking at the report that before I went hands-on with this individual, I tried every which way to get her or him to cooperate. And it just didn't happen. That's really important thing document for all kinds reasons. Thank you. Appreciate that. >> When we talk about

documentation, we're talking about documentation, period and that is to protect our officers in the department. But when we're talking about the letters were talking about 56 letters a year, correct about that. Yes, yes, in those are written by officers are those are written by the chief for those are written by So >> letters are usually prepared by the app professional standards staff, the investigator who has handled that and there are certain sections of it that are pretty much established. But obviously there's a little bit of of upper personalization and specific detail. But yeah, it's it's done by administrators reviewed by upper management and not a huge time sink and the 56 total. The letters only go out in the in the aftermath of a public complaint so that they were cut that down by by 20% right off the bat. >> All right. Thank you very much for that clarification. So right now would be the time that we would actually take public comment. But we do not have anyone and the chamber to give public comment. So we will not be having public for this matter. Looking at Councilmember Alvarez to make a motion, please >> air on this item. No action is taken. There will be filed under >> Thank you. And looking to council for additional comments. I'll just say no department no departments.

Perfect. And so with the feedback that you have given today, I will gladly believe that the chief will gladly receive it. But we will get his report and it just what I believe in. What I've been saying is that we have a great department in, although we're not perfect, we're always striving to be better and do things better. And I'm happy that the officers as well as the leadership in the department has embraced that. So thank you very much. And looking Vice Mayor step. >> I'll just reiterate that. Thank you very much the report. It reads a very fair and objective a discussion of of police Santa Rosa and ultimately painted extremely positive picture. So it thank you. Thank you for the work that you do and thank you to our our members or police department for the work that you do it. It's it's obviously doing a very high level. Thank you. >> Yes. He no. But it says call the vote. >> Roberts is correct. There was no action for this item just to receive an file. The report. >> All right. So with that, thank you very much for traveling all this way to give great news and insight on what we do better. And hopefully when you come back next year, you will have very much to tell us at all. Thank for your support problem. >> So we will now continue to 17. Which have written communications. There's no one in the chamber to make comment on that item. Moving on to 18, which is our last public

comment on non agenda matters. There's no one in the chamber to make comment on that item. And before we adjourn, I would just like to congratulate our colleague Councilmember Rodgers on welcoming his bundle of joy to the world Councilmember Rogers and his wife. Congratulations. And we look forward to meeting the little one. And with that, we will adjourn. Thank you so