came out when i saw patients that came into the emergency room dying after being on vioxx of heart attacks and i was told by my attending don't believe what you see the vioxx rep is here telling us this is impossible what i teach in my facilities is to trust what you see trust what's happening in front of you and what i see with these children developmentally is they are affected i don't care what the research says i see what's happening like i said i'm a triple board certified physician i'm not just falling to some fad this is what i see clinically and it's significant so i think despite what all the research says i think we need to ask what are we seeing what's the truth out there thank you for your time thank you gasiana followed by katya miller it's dachiana yankou i am an internal medicine physician and i'm also a resident of santa rosa and i just want to add that i agree with everything dr gambrel said and i have also seen that in my practice especially with the children um so today i attest and affirm that the following statements are true accurate and within my personal knowledge the post modulated microwave radiation from wireless telecommunications facilities is hazardous it causes dna damage to the mitochondria the energy generators inside the cells it also damages the membrane of red blood cells when cells are removed from these rf radiation exposure after a limited amount of time they can still recover however their dna damage does not recover and this gets passed on to our children when cells are constantly exposed to microwave radiation they're not able to recover studies have shown that one microwatt per square centimeter of radiation can cause decreased sperm viability 2.5 microwatts can affect the calcium metabolism in the heart muscle six microwatts can cause dna damage exposure produces cumulative effects over time current radiation exposures within cities without 5g have can reach around 5000 microwatts per square centimeter 5g is expected to deploy concentrated focused and constant radiation in excess of 100 times the current levels the cells most affected are those with rapid replication like sperms over and cells of fetus and cells of children young children and fetuses these causes problems with infertility birth defects memory problems learning disability cancers adults can be affected as well especially those with weaker constitutions and more stress they can develop short-term neurologic and cardiac conditions and in the longer term chronic illnesses such as auto immune disorders cancer memory problems fatigue the hormone effects of rf radiation have been documented by over 10 000 studies over the last century bio initiative 2012 which is now updated is a review put together by 29 scientists from multiple countries about the harmful effects of rf radiation on human health the global fertility rate has decreased three percent just in the last year and much of this is due to male infertility many studies have shown that sperm exposed to rf radiation loses its viability girls exposed to rf radiation while in utero can develop damaged DNA when they become pregnant this damaged DNA can cause birth defects in their offspring including infertility in their female children however we will not know this for another generation and these repercussions thank you doctor katia miller followed by max crone thank you for having this study session i test and affirm that the following statements are true accurate and within my personal knowledge my name is katia miller and i'm a mother a grandmother i'm a resident of oakmont a co-founder of an organization called sonoma county for responsible technology i'm a researcher author with a fellowship with the united states capital in washington dc our group submitted packets to you last week to the council members from our national organization called americans for responsible technology including this brochure wireless radiation an undeniable risk to human health which i hope you have a chance to read and i'm going to include a few extra for gabe uh osborn because i don't think i did that the current wireless communication telecommunication facilities wtfs misleadingly called small cells already which are already undermining the cardiac function of people in san aroza and if not removed will continue to do so research shows increases in heart rate arrhythmias dizziness increase in blood pressure and other disturbances in cardiovascular functioning following exposure to wireless radiation several studies reported changes in eeg after prolonged repeated exposure to radio frequency radiation such as the wtc's deploy and immediate and short-term effects were also common the people of san aroza are experiencing and will continue to experience increased autonomic nervous system sympathetic activity and decreased parasympathetic activity in response to wtfs highly unnatural pulsed modulation microwave radiation diminished health and productivity of san aroza's will result leading to increased health care expenditures and early death i submit herein onto the public record substantial evidence in the form of relevant peer reviewed scientific studies which are admissible under supreme court dober rule i have expressed no concern or any non-substant substantive matter but solely matters of fact and law and i accept your oath of office thank you max crone followed by deba tavarez thank you mayor and council members i attest and affirm that the following statements are true accurate and within my personal knowledge my name is max will crone and i live in the city of san aroza consistent evidence from epidemiology in vivo toxicology and in vitro laboratory studies show that rf microwave radiation exposure is respectively associated with and causal to produce reduced burn count motility and concentration as well as dna damage and altered cell structures research also shows damage after wireless exposure to the ovaries of rats and mice as well as to the eggs and of flies and birds in overall degradation of fertility capacity over just a few generations decades of such studies have produced an enormous volume of data constituting proof of harm to humans animals and plants particular particularly radiation where radiation is modulated for data carriage and i have a packet here to submit public records here that shows some of these studies and i have expressed no concern or any other substantive matter but solely matters of fact and law i accept your oath of office thank you thanks deba tavarez followed by mark solovan deba tavarez and i run the website stop the crime dot net i am a researcher a journalist an investigative reporter and i'm on radio shows all over the world on stop the crime dot net we have much information about this 5 g apocalypse and that's what this is this is a silent weapons system of death make no mistake this is a genocide plan we know that we know that we look at the deagle dot com website and we understand the percentage of reduction of population by 2025 in the united states but i shan't digress because certainly we all must understand this is an illusion of public input right now this is a corporation santa rosa is a corporation they are in lockstep with all of the executive orders that run this country including the executive order on january 18th of 2018 requiring the expeditious rollout of broadband a k 5 g throughout this country over indian tribal lands to every corner of this country everywhere everywhere also the executive order of the expeditious rollout of ai this is where we are heading massive data collection and a digital reality this is what this foundation is all about we are heading towards a digital everything the internet of things let's get now to the battery backups of the of the grid battery backups are run on lithium ion batteries they explode they degrade rapidly and they are like shrapnel did you know that these are going to be our backup batteries throughout this city everywhere actually solar as well which is a weapon but it's most important to understand that this is an illusion of representation because we are a corporate structure the united states is a corporate network of agencies run by the united nations the international bankers and the imf this is a silent weapons attack and there is a document that all of you should read if you haven't called silent weapons for quiet wars have any of you heard about the smart nodes being deployed in langcaster california right now if you haven't you should it's on the street lights it's going to come here too it is creating the internet of things where you walk out and you say uber and it arrives without a cell phone in your hand that's where we are going rapidly right thank you mark sullivan appalled by peter chanoff can you hear me now just kidding just kidding i'm uh i'm a second generation native santa rosa mark austin sullivan thank you city council and all of uh all the members of the city itself for pulling this together today and everyone in the audience here give yourself a high five for feeling your your potential and being here don't ever forget you got it 1996 was mentioned as the testing standards for telecom industry is using which is not good on the face of it but also the flawed aspect of that is they're using a thermal rating much like your microwave is high temperature most of the uh electronic communication isn't doesn't get that high as far as thermal so it's a deceiving number when they call it safe the human body is basically a biologic a bioelectric component a biologic thing every every living thing is so the rate the the exposure to any any radiation at all is definitely going to have an effect babies especially because they their cell division happens so fast that's why they grow fast and if there's any disruption of the uh dna or the mild mitochondria the the cells early on that progresses very rapidly and can turn into who knows so many different aspects of ill health for the children human technology um is advanced really well as we all know but we tend to be um not used too much wisdom when when it gets going and we look there's a lot of instances we can look back on now and say we're well why didn't we see that coming so it's a precautionary principle now that glad to see the city's moving forward slowly the the other aspect of the telecom industry they have no insurance against lawsuits for damage so in this position the city might be opening itself up to tremendous lawsuits that will affect all of us down the road as we witness by the amount of damage we uh it's evident from this um technology so go forth and do well thank you peter chanoff followed by noah davidson i am peter i am here speaking truth the power free of all fear debert tavera stopped the crime dot net it's worth looking at she's telling the truth and the young man that was in this spot earlier who said uh to take our country back was absolutely right but the question is how do we do that well first you got to understand this we're under martial law since the 1947 national security act which basically says you all are slaves and this guy down here he's not asking them to do this he's telling him to do this he's like the head of a pedophile organization that comes to town that's going to rape all your kids but he's going to ask them nicely to do it first they do not have the power that you think they have which is why i am commanding you to general strike this system into submission starting now with a total economic strike i tie prophecies together blackout prophecy the power of the wind when it's returned back to the people will be in the midst of the greatest of changes ties into Ephesians we fight not against flesh and blood but against the powers and principalities of the air that's what you're looking at i trust a former sheriff watson from alameda who was an expert and brilliant and having auth authored a book on the very radio onyx and frequencies verifying that this technology is military application and it also has the ability to go to lethal force and before the sheriff uh uh uh became a sheriff he created the first radio dispatch technology for law enforcement this was in the 1930s his son put up all the 19 major radio towers on the mountaintops of california afterwards i think he knew a little bit more than what we're being told this military tech is an initial step to additional upgrades with satellite interface interfaces all brought to you by the military industrial complex with the united nations agenda 21 fema and their cohorts which rule over them so how do we fight this well you see the firefighters and the police department they're kind of like in the middle of a satanic riddle and the answer is with us so we shut down by prophecy the 40 day strike shut down the entire west coast for 40 days and 40 nights and the u.s constitution is for the first time ever released out of the prison cell a letter peltier who's been down 44 years now the whole world walks a true trial of tears and the law enforcement works for us first time ever and this kind of shit goes away immediately and so i am here speaking truth to power fear i am commanding you to join the strike no labor no schools no longer they're fools you're all off the fence no mortgage is no rents and get ready to put a party together to welcome home some of our most well-known political prisoners that have been in that are known and that's letter peltier noa no davidson followed by sharyl healer i attest and affirm that the following statements are true accurate and within my personal knowledge i'll also be providing you with an email to add to the public record documenting what i've stated today my name is noa davidson i live in sacramento california one of the first 5g test cities in the world in late december 2018 verizon installed an omnidirectional 4g small cell antenna just 45 feet from my family's home at roughly the same height as our second story 4g small cells form the backbone of the 5g infrastructure with multiple millimeter wave antennas installed around the 4g antennas this is the same infrastructure that verizon is trying to build in santa rosa shortly after the antenna was installed my nieces began experiencing health problems including immune system suppression manifested as persistent cold and flu symptoms in addition to sleep disturbances headaches and chronic fatigue these symptoms have since been documented by a practicing physician and attributed to the antenna outside our home our family also hired a local certified electromagnetic radiation specialist to take measurements in and around our home he measured exposure as high as 460 000 micro watts per square meter or 4.6 of the fcc limit inside my nieces bedroom while this may sound low compared to the limit it is actually hundreds of times higher than typical exposure from cell antennas which the fcc defines as quote thousands of times below safety limits this is the main problem with small cell technology although the antennas are slightly lower wattage because they are being installed so much closer to the ground and so much closer to people's homes exposure from small cells can be much higher than exposure from previous generation antennas this is confirmed by a pilot study conducted by the city of sacramento in which they hired hammett and netison to take measurements of 28 small cell antennas that have been installed in my small neighborhood greater exposure levels means greater threat to public health period there is no debate in 2011 the international agency for research on cancer or irk part of the world health organization labeled rf radiation as a possible carcinogen just this year irk has def has decided to reevaluate rf radiation based on research that has been conducted since 2011 and they have designated this action as a high priority this is one of the world's leading authorities on health saying very clearly that rf radiation is potentially carcinogenic and needs to be reevaluated the only party is saying already rf radiation is definitely safe are the telecom industry the fcc that is in the pocket of the telecom industry and engineering firms like hammett and Edison who is not a health organization as the elected representatives of san aroza you have a sworn duty to protect the health property and rights and you know sharyl healer followed by harry layman is sharyl here sharyl healer nope okay let's go with harry leeman followed by ian wilkerson wilkerson i want to first engage as others did earlier in thanking you i particularly want to address mr tibbetz mr tibbetz was asking questions earlier about frequencies penetration levels between different wavelengths and frequencies i have submitted to you today which has been submitted to you by email a paper which i think you'll find people talk about telling the truth here i'll tell you that everything that's been said in this paper is well documented well sourced and easy to read and explanatory so if you wanted one place that you could find out whether it was a truth or not by looking at it the paper i put into you today in addition to my own work attaches the work of dr gullum and thereby integrates approximately 370 peer reviewed studies on this she is a professor of medicine at the university california school of medicine san diego uh points that i wanted to make and this which are ones that i made recently also in napa first there is an impermissible and i say this to you particularly sir with great respect i i think you're secure a sincere man the assistant administrator down there that was speaking earlier i think he's sincere but you know a lot of people were sincere believing in vietnam and a lot of people were sincere in believing in iraq for example for just a couple of the things that we've gotten on the bandwagon for when we really weren't ready for them this is one of them one of the reasons is the whole theoretical basis for putting these small cells up close together is because the short wavelengths require that but instead they're putting 4g in which penetrates much more deeply this is very dangerous it's a very dangerous thing to have 4g penetrating like that that is discussed here of all the things that you can read please read and it's mentioned in here it's sourced in here you can find electronically the nation magazine how big wireless convinced us that cell phones are safe which shows that dr carlos epidemiological studies in late 90s showed the carcinogenic characteristics of this wavelength these wavelengths collectively which of course by the way that here's the core point talking about mr hammond and i'll be happy to debate with mr hammond anytime the reality is his entire dialogue and that entire dialogue is based on a false premise and that is that the thermal standard is the one that matters how do we know that that's false because the national institutes of health national toxicology program on may 27 2016 on march 18th 2018 and the spinal report on november 2nd 2018 stated that the mechanism of the cancer causation specifically the formation of glioma cells was non ionic it is occurring as a result of vibration in physically call this acoustic so i wish i had more time but i promise everyone in this room because this is now a public record that the things that have been said here are well researched and thorough and i beg you to please do the job that you've been begged upon here by all of us to do which is really please look at the science please stop this horrible thing thank you thank you ian wilkerson followed by sydney cox ian wilkerson not seeing ian sydney cox followed by mary doll hello my name is sydney cox i live in windsor california i have a letter that i've drafted to go to the windsor school board um it's a bit of a personal story about radio frequencies i would like to explain why i first became aware of the effects of radio frequencies my husband a retired physics professor and i have a current electro smog radio frequency meter we've had it for about five years ever since his diabetes alerted us to the fact that his blood sugar levels were about 10 to 20 percent lower in a rural area on east eastern long island where there were where the rf levels were very low cell foam inception was basically non-existent in the house we stayed at this location three separate times in the winter and spring of 2013 while clearing out my aged mother's house and noticed this remarkable effect each time wondering what the reason was brought us to the possibility of rf's effect on my husband's blood sugar that began my six year investigation into the effects of rf's which include smart meters wi-fi cordless phones cell phones and all matters of wireless devices now i have been a volunteer in the windsor schools for 10 years spending time every week in the second grade classroom i was always loved my time with the children however this year the second grade classrooms have moved to matty washburn and most of the second grade portables have wi-fi emitters which seem much more powerful than the ones i measured last year at windsor creek i brought my meter in on several occasions took some readings and was alarmed the readings range from 0.241 microwatts per centimeter squared to 0.0152 microwatts per centimeter squared which studies show have been found to produce biological effects lest you think i'm simply an alarmist i've attached some findings that corroborate my alarm and i have them here and here are the readings these are the readings that i took and these are all the listing of biological effects that happen to children i still spend time in the classroom but since i'm 67 years old and only there one morning a week i'm not worried about myself however i am worried about the children biological effects include hyperactivity disorganized thinking agitation headaches and emotional behaviors and i've noticed all these in the second grade classroom this year because i've been there for 10 years and i see such a change thank you thank you mary doll followed by megan jerkevic hello my name is mary doll i'm here to address the issues i have with a cell tower just feet from my home of 50 years since the cell tower was turned on approximately july 2018 my health has declined to the point that i can't be in many of my rooms without getting very sick several times i was so very close to calling 911 think back to your worst flu bug that's what i live with every single day i am a prisoner in my own home as a result of this i have not been able to perform my normal daily activities like chores cooking cleaning gardening since the cell tower was turned on even my orange tree just a few feet from the cell tower normally produces much fruit now one side barely has any fruit it is clear to my friends that my health has declined i've learned a great deal about the harm radio frequency radiation affects one's health the energy levels of radiation frequency radiation in my home yard and street are thousands of times higher than they were before the cell tower was turned on i called miss karen mcpherson first part of september and she told me she'd look into my complaint and get back to me she called me back several days later and told me that it would be looked into by an independent contractor and when they get the report they'll would go from there september 20th 2019 there were people from val x nexus company working on the cell tower and i asked what was going on i was able to speak to the boss he told me they came to turn the cell tower on the city doesn't want the liability i said oh no it's been on for a year i've been very sick since it's been on he got his meter and measured outside no readings he measured in my home no readings i asked if his meter was turned on before he measured any answered yes and after a friend approached him he said the cell tower had been on the whole time end of october miss mcpherson called me and gave me a brief report on the findings something about noise level a broken fan and is now in compliance with the city ordinance when i inquired about the radio frequency report she said she can't share that with me why i told her how i resent my monteverny drive address on the battery backup box i want to change them immediately it should be four three nine calistoga road as stated on the permit they no one had my permission to use my address i asked for copies of said reports and i received said reports but it was for king's street not calistoga road thank you megan jerkovic followed by melissa chianta is megan is megan here now go ahead melissa followed by donna davis there's a little button on the side there if you want to lower that okay can you hear me yes okay as a cancer survivor i am extremely concerned about the health effects of emfs there is ample research that indicates that emfs are hazardous to human health just ask the 240 scientists who have published peer-reviewed research that's 2000 papers and letters on the biologic and health effects of emfs and have consequently signed international emf scientists appeal the statement says numerous research recent scientific publications have shown that emf affects living organisms at levels well below most international and national guidelines effects include increased cancer risk cellular stress increase in harmful free radicals genetic damages structural and functional changes of the reproductive system learning and memory deficits and neurological disorders and negative impacts on general well being in humans damage goes well beyond the human race as there is growing evidence of harmful effects to both plant and animal life one of the researchers and signers of that document is joel moskovitz phd the director of the center for family and community health in the school of public health at uc berkeley dr moskovitz began translating and disseminating the research on the health effects of wireless radiation after he and his colleagues published a 2009 meta analysis of research that found long-term cell phone users were a great risk greater risk of brain tumors and we have no reason to believe 5g is safe a piece published on scientific americans website on october 29 2019 dr moskovitz weighs in on 5g he states 5g will will employ a millimeter waves for the first time in addition to microwaves that have been used in in use for older cellular technologies 2g through 4g given limited reach 5g will require cell antennas every 100 to 200 meters exposing many people to millimeter wave radiation millimeter waves are mostly absorbed within a few millimeters of human skin and in the surface layers of the cornea short-term exposure can have adverse physiological effects in the peripheral nervous system the immune system and the cardiovascular system the research suggests that long-term exposure may pose health risk to the skin as in melanoma of the eyes as an ocular melanoma and the testes as in sterility one of the defining experiences of going through cancer is feeling completely out of control it's a sense that echoes through the days and if one is lucky years that follow surviving it for me that echo raises to a roar when i read the research about the ill effects of 5g and know that major corporations are making decisions that it could affect me and the other cancer patients at sonoma county i demand that the santa rosa city council not give those corporations that control please listen to the science and give the power back to the people where it belongs thank you donna davis followed by richa kenny good evening council my name is donna davis i'm with at&t external affairs i would like to thank the staff for allowing us to collaborate as we look forward to solutions for the network demand that we have here on between 2007 2016 we saw a 250 000 increased in data traffic on our network this isn't just from us as individual users but also our small businesses which now more than ever depend on wireless services to support their day-to-day operations and probably most importantly here in sonoma county you know we look at emergency and first responder support and the use of the wireless network to do that we heard from assistant fire marshal lowenthal speaking about emergency alert systems which depend on an effective wireless network 2018 we began the rollout of first net which is our nation's first unified communication platform dedicated to first responders with that kind of network and the technology that we have it's allowing for our first responders to have video live video feeds during an event for situational awareness something we didn't have you know prior to what happened in 9 11 so you know with all of this increased demand how is santa rosa faring with network performance i may recall in 2016 your press democrat cited a root metrics report which rated santa rosa 122 out of 125 metropolitan areas with respect to mobile network performance 2018 that dropped to 125 of 125 metropolitan areas so you know how do we solve for this we heard about the small cells and addressing network performance with respect to coverage and really we're also talking about capacity so why you might have bars where you are the service might not work when it's needed during those high capacity moments if you think about it like 101 that's the bandwidth that's the pathway to get around in the north bay but when it's high peak or high traffic it becomes slow or maybe it comes to a complete stop so if i'm using my travel app it'll take me and it'll divert me to a surface street so that i can get to where i'm going without being stuck in the traffic so these small cells will offload some of that capacity demand on the network so i just wanted to again thank the city for the opportunity to collaborate on this i know it's important for the community feedback and and we look forward to continued work on this solution for you thank you richard can you followed by steven holless excuse me federal government has established standards we should be reassured because the federal government has established standards i do not trust the government the government lies the federal government is practically a wholly owned subsidiary of wall street wall street's interest is money not people wall streets writes the legislation the congress passes there are higher standards for the safety of people involving these cell thingies the european union which has great demonstrated a greater concern for its citizens and our government has ever demonstrated for us european union has higher standards give you one example m&m's the m&m's sold in this country may not be sold in europe you can get colored m&m's in europe but not the colored m&m's in the united states colored m&m's in europe are made with vegetable coloring the colored m&m's in these united states are made with paint that's not allowed in europe europe has much higher standards for food and regulations on emissions such as this that's one place we could look maybe it's time we petition our government for redress sometimes if you get their attention if they hear from enough people enough voters they'll act they won't just take the money from wall street because they know wall street can give them millions of dollars but they wall street has no more votes than we do we each have one vote and that's our power and we haven't been using it properly but we need to contact our congresspeople in my opinion and get them to raise these standards or abolish these things or find a better method let them know directly and if they don't vote them out that's the only power we have and if that ain't gonna work and i asked you to take the lead in this petition of redress you are city leaders if you care about the people and you've heard enough tonight you could take this lead and we could join you but you'll be much more effective than we will be and if not that the only other thing government understands is lawsuits that's one thing that'll get their attention and they'll get these corporations' attentions and this should go on record because when these problems occur we can prove that they knew about it and still acted egregiously and criminally thank you very much to the barricades thank you Stephen Hollis followed by Rob Hansen is Stephen Hollis not seen Bob Hansen followed by Chris Villegas go ahead Bob please Pierre Bob Hansen going on two years ago i gave the city council documentation documentation which stated the majority of the world's scientific and medical communities have deemed communications transmitters placed within city proper a global medical crisis you don't get any much more blunt than that when the majority of the world's scientific and science and medical communities call this a global medical crisis you've got to listen like Roundup and the city council meeting with the public saying we do not want this in our city it took multi-million dollar settlements against Roundup for this city council to act it's time our city council realizes you do not work for the corporation of the city of Santa Rosa you work for the public you work for everybody here that voted you on to that seat and when the public says we do not want this in our community you've got to listen thank you thank you Chris Villegas mayor and council members my name is Chris Villegas and i'm the community outreach representative for the north bay for Verizon wireless at Verizon we are hopeful and excited to move forward with providing better coverage and capacity solutions to residents and businesses of Santa Rosa through the past two years we have worked closely with city staff and support the request that he staff has made to move forward with small-cell deployments with with the industry Verizon wireless is happy to be a resource to the city as we have done many small-cell deployments within the country and locally in northern California again my name is Chris Villegas and i'm happy to answer any questions that you may have thank you those all the cards we have here we'll bring it back to council give you want to put that next steps slide 32 up to frame the conversation okay let me first start with council based on any of the comments that we heard from members of the public did you have any additional questions you'd like to ask any of the presenters see none let's start with you mr. Tibbets for any feedback all right thank you mr. mayor at first i'd like to thank the gentleman who came i'm sorry sir i'm missing your name but thank you for coming and providing those insights and of course appreciate the input from the public you know for me this one and gave i'd mentioned to you the other day the hard thing for me here is you know not even necessarily trying to determine or speaking of the health benefits it seems that there seems to be a study for either side of this argument um where i struggle with it is it just comes down to a citizen's ability to you know feel safe in san rosa and i i think it very well could be that in 20 years this this proves to be a non-issue but i don't like the idea that somebody who something is the sacred to them is their health feels threatened especially when they're in their home so i am you know i like that what you've got here i like that we are looking at commercial zones keeping it out of residential neighborhoods um and i but i want to really make sure that we truly create a system that that does that and also has enforcement capability i think i mentioned to you but i really want to see us if we're going down this road come up with a policy that allows us to also have some degree of control over the cpu sepals and to me that policy has to move hand and glove with this policy that we're talking about here tonight i'd also i wasn't really discussed but i i think it was it was kind of brought up a common theme that i was hearing was that the residents want some degree of control and and i was thinking about that what could control look like for a resident let's say it does even though it's in a commercial zone let's use the example of the junior college that you mentioned but it's within 200 feet of of homes there um would it be plausible to uh you know essentially take a compass draw a circle 500 feet around that point or whatever the range effective ranges of these towers and notify those residents before it comes in much like we would for a planning hearing or something like that but not just say to the residents hey come on down to this this hearing or come on down the planning department and voice your opposition but actually if they gather more than 51 percent of signatures of people in that neighborhood saying no could a process like that be instituted to truly give residents control over this process yes that's definitely more of the discretionary process you're describing um and a lot of these review cases especially with macro sites it's reviewed against design guidelines and if it meets the design guidelines it moves forward which to some extent does it creates a challenging atmosphere for the resident because they have valid concerns about the site and we turn around and open up a public process really to check some boxes on design criteria so what we'll look at is we'll definitely take a radius so it'll probably be a bit more aggressive than the impacts of that site just so we can incorporate the community's concern when we do the limited deployments and in this situation since we're trying some things out we can definitely look at other sites if we get those types of concerns when we get into more policy development there's a big difference between ministerial and discretionary and even in the discretionary realm what are we reviewing it against just from a staffing standpoint and the ability to process that application but we can definitely look at those pieces to say that if we're seeing those concerns that we really can't control from a current policy how can we get creative on ways in which we can address that feedback and incorporate into the decision-making process so definitely on the limited deployment and is definitely some impact input we can factor into our overall code change yeah I'd be really interested in that and I want to be clear I'm not asking you to bog down the design review board or the planning commission I think they're bogged down enough I think it would actually be a ministerial process but something as simple as a certain period of time that people have to petition to not have it in the neighborhood and if they collect the 51 percent of signatures of property owners in that zone then it's not going in that's something I'd be curious about on to the you know I'm trying to address your questions too that you had in the study session Gabe so if I miss one please let me know but the other one would be is the battery backup boxes for the ones that do go into the commercial zones I think it's it makes absolute sense to have a battery box if we're going to have these things at all they might as well work in the event of an emergency when it when it comes to the testing so I think this is this is important but I also wanted to be effective I don't want it to be just doing something for the sake of doing it you know somebody mentioned that in San Francisco it's checked twice a year do we even know if that's if that's sufficient I mean if the hard part here is what's what's enough and I do agree with your idea of having the the leaseholder I actually not the leaseholder but the the tenant if you will on the polls pay for that that service but how would that how do you envision that that system working well what we can look at in in there was public comment points addressing this too is some of the concern is when they're up and running how does the RF how is it handled a year after that and I think San Francisco has took that two-year mark we can do some research is to see how effective that is there's the other pieces we can track with which are any activities on just from a permitting standpoint changes are made to the facility and we can retest but I think the more important point is how can we address the community's concerns when they feel as if just on a regular day-to-day basis there's experiencing problems how do we provide those internal services to be able to test in that situation that would still have to be built into a cost recovery model but we can definitely explore that along those lines of we receive a request from the community member to go out and test how can we handle that again I'm recognized that's probably going to create a headache for whoever's doing that job or whatever department is managing that person and you said something that I'm glad to hear you say which is that that should be an internal person that person should be independent of carriers and things like that but again what we do is I think it's going to be important that for that person that again feels unsafe and for me to to support an eventual policy like this it just comes down to how that person's feeling in their home for me and I think that might might help um I think oh and um yeah I think that's it for me from now thank you mayor and thank you Gabe thank you mr. Oliver's okay thank you for the work that you put into this and and uh all the effort to and and developing some of these solutions that I think are viable here I am in support of moving forward with those things that we we can do within our legal restrictions with the limited release of city polls and what can we do as it relates to the utility boxes of the battery backups I am supportive of eventually having some kind of an art thing associated with that if it's if it's feasible again all of this recognizing the so many other responsibilities that you have going on with your new department now so how do we time this out to roll it out and also looking at potentially what policy changes can we be making of our own policy down the down the road to meet our current issues and future issues as well mr. sorry thank you mayor I do have one question given given the changing landscape of legislation around this issue not only in California but across the country is have you heard anything about the retro activity that could be in place if if legislation changes and allows us and which would probably follow other studies I mean one I can always find you whenever someone uses the word studies show I know that there's always going to be someone on the other side that's going to be showing another study that that perhaps counters that and it does it creates a it puts us in a difficult position of course and but I have a sense that the that there will be more information that will come to bear around this technology one way or another and so if there is a retro activity that is attached to some legislation that changes I'd be interested in hearing about that I agree with councilmember olivares that within our legal whatever legal restraints that we do actually have that anything that gives us more discretion in our decision making about where these antennas are located I know that Gabe you you mentioned in our meeting that prior to this evening that you were dedicated to making sure that whenever possible that these were not located in residential areas and that there if something did occur where there was a potential for that that there would be a great deal of community outreach so I I'm I know you're dedicated to that and I know that that would be that would be happening but I again it is discretion in our decision making that I think it's never it's never very comfortable when the federal government says you can't say no and makes me feel very uncomfortable and we it's this is not the only area where we are in that position but I expect in some ways that may change but but that discretion in the decision making is something that's very important to me I think then and the entire council and clearly to the community that it was here this evening thank you this wife mayor thank you mr. mayor and thank you to everybody who came out and expressed the information that they did as well as the hard work of our team I'm with my council members in that with our within our limited scope of authority I believe that we should move forward so that we can exercise as much local control as possible and to that end a couple of my thoughts are that I do believe that in as much as this is one aspect of this is about public safety that we can't move for without battery backups but that Santa Rosa historically has moved forward in favor of development without aesthetics and then we have paid dearly for that and so I I believe that both have to go forward with equal importance and urgency the second thing that bothers me is the idea of having a less than 300 foot setback in doing outreach to neighbors I think that that maybe in the Mendocino corridor the residents that that I'm that I serve are very engaged and will come out and tell you exactly what they think but in lower-income neighborhoods where people have two or three jobs and less bandwidth I don't think that that's reasonable to expect that they're going to be able to express themselves at the same rate and so that that will disadvantage lower-income communities and I'm not in support of that let's see I I definitely support the idea of having a city review process and figuring out a way to fund that through through the utilities and let's see did I miss anything else did I is there anything else you'd like some feedback on that I missed I think that covers it thank you okay thank you great yeah thanks for the presentation variety of different perspectives here and I really appreciate the one thing you said the limited deployment non-residential areas because really the the deployment of these cell towers in residential areas as we talked earlier I mean it greatly concerns me and and I would be interested in this may be more of your item two deployments allowed under council policy 300-4 when that does come back could we have a medical professional talk about the safety of these devices and I'll do respect our engineer it's a different filter to be looking at this issue because I can't all of us on council have received much information by the different studies and it seems like there's a missing point here so again I do appreciate the engineer's perspective but FCC dealing with medical issues concerns me it just seems that that's out of their ballpark so one of the other questions that I was interested with our current policy what is our standard with I know there had been no cell towers around firehouses and schools can you just update me about what institutions are cell towers are allowed to be away from are there any so as it stands now there are not so as we incorporate that there is a lot of sensitivity around schools as been mentioned I'll let Mr. Lowenthal talk a little bit about some of the input that's brought into the fire station discussion but these are all pieces that are really great feedback so if there's those critical facilities or there's high level of concern about some of those locations that would then govern the radius in which these can go in that's excellent feedback now and then as we roll this forward because obviously that concerns me and I thought with one of our last previous study sessions there's something about firehouses there was some legislation that forbid them from going close to them can you not I don't know necessarily can't speak necessarily to them going close to them but I think one of the concerns was them being placed on top of them because historically fire stations are looked at as commercial buildings and that's why you'll typically see a lot of cell towers going in and fire district station locations commonly around the state because it's also a source of income for a lot of those smaller districts but I know I think one of the things you're referencing is IFF requesting that they not go on top of the fire stations because they are looked at as homes because that's where the firefighters are sleeping so the concern is is that work that has to be done them on off hours things of that nature could be disruptive to the crews that are in there but as far as specifically within close proximity of it not to my knowledge so that was more about and you understand I apologize for not sharing this with you earlier but what I just heard you say is more about the construction of it not the actual what comes off the device was the bigger concern for the IFF there's there's a couple different points there is the point for disruptive to the crew but is some of the issues I've heard not just from IFF but other departments around the state but yes also potential limitations to any exposures IFF is always very proactive to reducing any risk whether it's sound whether it's carcinogens so anything they can be done to limit different types of exposures is what believe the IFF was referring to back in 2004 so again for me coming back with policy a comprehensive policy so if there are exceptions like schools firehouse whatever whatever the reasoning that those entities were excluded I would like to it for it to be consistent because again if it's not good for the firefighters the school kids the same thing with the neighborhood so let's just try to be please Alex you've been here enough please give us a respect I didn't interrupt you thank you so anyway those are things that I think once we get more into item number two here let's be a little bit more specific when we get to the potential backup batteries you know I like the art thing in commercial areas something that's going to be aesthetically sound because I do see the need that is a valuable resource for our community and getting feedback from the community about what that looks like I think would be a good step in the right direction so did you get the information to move forward for your next steps or is there any other feedback you need from the council I think we have enough I appreciate the feedback and as soon as we really know timelines of that second phase so we'll move forward in the first go around with the rollout very sensitive about the radius we'll expand it out above the 300 feet as we get into that pilot program and then we'll incorporate the feedback we heard as we bring that back to council determine that bigger code change okay thank you very much okay council is going to take a brief 10-minute break we're meeting at 5 30 okay welcome back to the city council meeting madam city clerk we get an announcement of the roll call let the record show that all members of the council are present thank you we just had our study session madam city attorney would you like to report on the closed session items yes the council held discussion on two closed session items 2.1 and 2.2 and on each of those gave direction to staff great thank you we have no proclamations mr. goon do we have a fire recovery and rebuild update what we do item 7.1 is a fire recovery rebuild update in megan masinger our housing committee service manager will give the update okay good evening i'd like to provide you with a brief update on the status of the cal home disaster assistance program as you may recall in fall of 2018 the housing authority was awarded 1.2 million dollars in cal home disaster assistance and this is funding to provide eligible homeowners gap financing up to a hundred thousand dollars for the reconstruction of their destroyed residences hcd which is the california department of housing and community development has made amendments to state legislation so the program is now available to households up to 120 of am i which is for a family of four hundred and eleven thousand dollars a year we are we being the housing authority is in the process of amending our guidelines with hcd so we'll have a rollout of the program in early january we are also seeking to modify the cal home program to allow gap financing assistance for owners of manufactured homes some of the other parameters of the program is that the post rehab or reconstruction value of the house cannot exceed six hundred and sixty thousand dollars so that is one of the limitations that has been an impediment to the process that is not going away but we can now assist households up to a hundred and twenty percent of area meeting income and interested homeowners can look on our website we'll have further information rolling out in january um and they can contact staff with any questions i'd be happy to answer any questions you may have so what website just the city website they have to go to srcity.org and if you hit the recovery button there is a link to the program there great thank you council any questions on that thank you so much maybe stand by there may be a question yeah i'm curious to know if that number the total value if that is something that is assessed when the construction is completed or at the outset and i ask because i do see prices starting to come down and i'm wondering if that might be one of the upsides of a softening real estate market so unfortunately the the value does track the real estate market and it's updated monthly based on data from the california association of realtors and that's available on the state's website it's by county and it is an appraisal that needs to be prepared prior to the execution of loan documents so we need to have a good understanding of what the estimated value is prior to construction of the residents but it's about when it's the completed value and the completed value if the trend lines are going down it would be what if it were completed today what the value would be today so it would be the estimated value prior to beginning construction so if we're able to estimate that the value of the house is going to be 650 when you start construction and that's what the state is currently trending then we would accept that we don't go back and reassess it at completion is there any discretion with that but it's pursuant to state regulations so no okay thank you you're welcome any other questions seen them thank you may any additional items to report on that that's the end of that item okay great uh mr assistant city manager do you have a report for us this evening we have two items both from san rosa water in october san rosa water was honored by the american council of engineering companies uh north coast chapter as the 2019 infrastructure public owner of the year award for the work they did on restoring the water system in the fire damaged area of neighborhoods of fountain grove so and that was back in 2017 in the tubs fire um it's also as part of that they've got they received a special recognition from congressman huffman congressman thompson as well as uh from the state assembly i do want to acknowledge though a few people jennifer bergamel walton and joe schivoni and their teams um they did act very quickly found creative solutions for that and got that system addressed very quickly so um applaud to them they also are sharing their information and knowledge to other areas that are affected by similar disasters which is a good thing to pass that along secondly um do the most recent fire the concave fire we think we've told the council aid of calpines power poles that provide power to the pump stations that provide recycle water up to the geysers from our system they were damaged um those have been offline since mid october so it's been a while since the power's been off and what that means water can't be pumped up to the geysers for energy generation so the the good news is that that those repairs have been done the water has been resumed to pump back up to the geysers which is really important because during that six week time frame when the power shut off the city had to store that additional water which was about 400 million gallons um to put it in perspective that's about uh about 60 percent of the story i'm sorry 40 percent of the storage that we have that we reserve for um future rain events so uh the water department's going to be watching that very closely to make sure that if additional rain events come over the next few months uh that's going to be a trigger to determine if we need to discharge um and there's protocols in place to make sure that we discharge appropriate per our uh agreement with the state board so and we'll give it more update and if anything does move forward on that we'll make sure to update the council okay um city attorney do you have a report i do not thanks okay let's go back i do have one card on i'm 7.1 uh peter charroff thank you mayor i am peter and i'm a bit of a spiritual arsonist and as i tried to make it clear in the other meeting that uh uh the city council for all their good intentions can only do so much because they are under united nations agenda 21 which can be verified a number of ways so they want to do good things but they're hampered they're hampered because uh they do not have the political will that they could usually have and the people that want to make things happen somehow are lacking the spiritual will to make things happen i wanted to bring up the fact that uh you know there's going to be the earthquakes are coming you got all these fires and waters does the city have a couple thousand gallons of water clean drinking water put aside or are we going to rely on on the big stores charging ten dollars a gallon when all these things happen beginning this week with the earthquakes and when i hear discussions about manufactured homes and i see all these people homeless on the streets and there's a lot of people that are struggling that had homes and they're also in the streets or in campers why why are we why is not somebody putting something together on some fairgrounds using tps tps worked for a long time they worked great they're perfect and so i want to finish by sharing the fact that you know if we all got off the fence stop paying mortgages and rents for two months and then decided to pay 25 percent of what it was before then all of a sudden we eliminate the bankers and the lawyers in this game and a 40 day strike and powers law enforcement with the u.s constitution first time and we change the entire equation it cannot be done within the system by the system's rules it's the united nations it's the usurus bankers running this whole show these are people that want to do the right thing and you have the power to let them do the right thing but you have to disengage financially from the system for the 40 days which the prophecy calls for that sets the entire world free i've been sharing this for 30 years the world's walking a true trial of tears martin luther king says you can't uh if one person's wrongfully incarcerated so are we all letter peltier has been down 44 years jamal 39 mcdonald 47 and we're sitting there worrying about ourselves so as those that seek to save their lives so lose them you have to do for others first and what's first is first is these people that have been down that are our champions our jedi warrior knights that did things on behalf of many of us before we were twinkling anybody's eye so the power is with only the powers with the strike the 40 day economic strike that disengages the bankers and the united nations off their back so that they can then do what you ask but as you've seen for the last 10 years they cannot do what you ask when it comes to serious issues even though they want to it's the same thing with law and police they're in the middle of us that thank you peter uh council any statements of abstention anything on tonight's agenda mr rogers thank you mr mayor i will be abstaining from item 14.1 any others seeming great uh council in mayor reports anyone have anything in the elect report mr all there's thank you mayor we had our um monthly downtown subcommittee meeting last thursday uh not a high attendance because a lot of controversy had been resolved for us which is good uh the members that attended i mean the downtown folks that attended were very appreciative though of the efforts our efforts in uh moving forward with with rolling back our parking hours uh they did talk about some of the difficulties they've had downtown this season i think we saw that in the paper as well but more importantly they were really surprised and express gratitude for the speed in which that was done i believe that change over was done within two hours i mean i'm sorry two days uh with the help of various volunteers and getting those labels on those parking meters so they wanted to extend that appreciation hey thank you mr rogers thank you mr mayor so three primary things uh first i had a chance last week to join the league of california cities for a discussion on league priorities i think i've reported back to this body that i was appointed by the president of the league of cities as the vice chair for the environmental quality committee and we were successful in making sure that resiliency and recovery made it as a top three issue for the league of cities primarily around for other jurisdictions how to prepare for disaster for fire uh and learning from the lessons that we've learned as well so that'll be moving forward uh there is going to be a ribbon cutting this coming friday for smart for the larksburg extension at one o'clock uh everybody is welcome to attend but around that smart is doing two specific programs to try to get folks used to using the rail line in conjunction with the ferry down in larksburg uh so first is for the months of january and february uh free rides uh on the weekends so take advantage of that and then the other is during the week uh at the non peak times uh and they have it on their website what the peak times actually are they will be doing what's called a rail and sail pass where if you are a user of the smart train and you pay your fare to go down you then can ride the ferry for free and if you're coming up into marin and sonoma from san francisco taking the ferry you pay for the ferry and then you can ride the smart train for free so it's going to be cross marketed between the jurisdictions to try to bring folks in sonoma county down along the rail line to check that out and then to bring up from san francisco people to shop in our downtowns and to see what sonoma marin counties have to offer and that'll be running for the next six months uh as well third and final i attended the sonoma county transportation authority monthly meeting yesterday there was a very interesting study that they have been working on around vehicle miles traveled to try to judge where transportation funding should go they used over 25 million data points through 2017 and 2018 and they found that actually almost all of the trips that are generated in sonoma county also stay in sonoma county there was very little crossover into other jurisdictions and san aroza actually not surprisingly did the best so 89 of all trips in sonoma county that started here finished here for san aroza 76 of all trips that started in san aroza finished in sonoma county we had 84 of our total trips in san aroza that were under 10 miles total and we had 61 of all of the trips in san aroza that were under five miles so our folks particularly in our downtown don't tend to move a whole lot we were 44 of the trips that were generated over that time span and only 36 percent of the vehicle miles traveled and then finally they did a cross reference and all of this is available on the sonoma county transportation authorities website they did a cross reference to see which plots of land in sonoma county generated the highest density of travel the answers were san aroza marketplace which is the cosco and best buy and target was number one downtown san aroza including them all was number two downtown peluma was number three and then the san aroza kaiser was the highest the fourth highest density of travel per acre in the county so some really interesting data there to take a look at particularly as we move forward with talking about measure m and the reauthorization of measure m and how to best spend those transportation dollars okay thanks so much for that report any other reports seeing none uh approval minutes did anyone see anything to add delete or adjust from the minutes of november 19th seeing nothing we will accept those uh mr gohan consent calendar all right the consent consent calendar item 12.1 is a motion contract award fire damage street lights replacement in found grove item 12.2 is a motion contract award fire damage street lights replacement in coffee park item 12.3 is a resolution resolution of the council the city of san aroza approving amendment number one to the communication systems and service agreements with motorola solutions ink san diego california not to exceed five million three hundred three thousand two hundred dollars to purchase and install a digital p 25 trunked radio system solution approval of equipment leased purchased agreement and appropriation of 145 thousand dollars from federal state federal asset fortressers fund hundred thousand dollars from the state asset fortress your fund and three million seven hundred seventy two thousand from the general fund reserves to the radio project key nine five eight six zero item 12.4 is a resolution speed limits on piner roads the basketball road and summerfield road item 12.5 is a resolution voc environmental mitigation trust fund application and item 12.6 was an ordinate adoption second reading ordinance of the council the city of san aroza increasing the compensation of the city attorney by providing effective may 12th 2019 one a 7.5 merit increase and two a 2.5 increase in deferred compensation for a total contribution of five percent of base pay and effective July 7th 2019 one a 2.5 cost of living salary adjustment and two an increase in contribution by the city for the 2019 2020 fiscal year equal to 0.25 percent of base wage to the city attorney's retiree health retiree health savings plan for a total contribution of 0.75 percent of base wage thank you council any questions do we have any cards on the consent calendar miss vice mayor yes thank you mr. mayor i move items 12.1 through 12.6 and wait for the reading of the text we have an emotion and a second any additional comments your votes please in that passage unanimously thank you do we have cards for non-agenda public comment okay these are for items not on the agenda first up alan thomas followed by lisa landers thank you good evening my name is alan thomas 306 boy street i'd sent you an email this afternoon or this morning regarding night street and as you know i live over in the west end neighborhood and our kids go to school up night street west night and then they go over to night street then they go to high school so these are school children that have to walk in the gutters filled with beer cans and garbage because folks have decided that that's where they're going to live and i said in in the email to you folks that to me that's a taking that that's no that's a adverse taking so your legal department can describe what a taking is to you but that's when you take something and you don't you don't you don't mitigate it you don't mitigate it when with money or services and things like that you just take it from somebody and you're taking our public property away and giving it to someone else for their use whatever their use is it doesn't really matter the nobleness of the use you're basically taking it so do the ends justify the means to those kids they have to walk in the gutter in the garbage to go to high school you folks are all about high school and school safety and all that kind of stuff but yet you sit quietly and there's people underneath highway 101 probably right now that are camping and then tomorrow morning those kids are probably doing their school work some of them i see kids down here from the Boy Scouts or whatever group they're with and they're they may or may not walk to school but our kids do walk to school and so i'm asking again like I ask in the email to put your emergency homeless item that you keep extending for years on the agenda so the public can come and comment so you can make a decision as to how you're going to deal with this situation and working with the county and sending you know letters back and forth and working with Shirley Zane or Linda Hopkins it really doesn't matter to those kids that have to work to go to school they have to basically walk in the street so again i'm just asking for your cooperation to look at all sides of this issue and there isn't a protect a more protected class of my opinion than school children but yet for whatever reason we're okay with having them walk in the gutters it's not acceptable and you can do better i know you can so again thank you for your time and please put that this on your agenda as soon as possible thank you Lisa Landers followed by Valerie Schloefke Lisa Landers i got three quick things for you um one is it's come to my attention that clerical support would really benefit our city council in efficacy a lot of them have full-time jobs this is an afterthought job that has to be crammed into a very very big format with lots of paperwork so i think i don't know if it needs to be an agenda item or what but i don't want our police without guns and tear gas and all that and i don't want our city council without clerical support so if they could share one clerical support person between them and get more work done that would be beautiful okay my second item uh we have put together a community listening session we have finally got all parties to the table santa rosa police department sonoma county animal control sonoma county board of supervisors susan goren uh we have mayor tom we have chris rogers from city council did i forget anybody so there's a multi-layered thing that happens with animal control we have our own legislation here they're the legislative body we also have enforcement that comes a little bit from santa rosa police department and then we have sonoma county animal control that has to be brought in and then they are governed by board of supervisors so it's a very complicated thing hard to get traction on we got everybody coming to a listening session it's going to happen sometime in the first week of february so if you are a walker a bicyclist um a runner someone who likes to go to parks and you have been annoyed as almost every person i know has now been by off-leash dogs particularly by homeless people um it seems to be more prevalent as that crowd rises the incidence is going up uh now you're going to have a place to voice your concerns on that and maybe we won't have to have any more vicious attacks because maybe everybody will come together and find better solutions for it and make headway on it okay my third thing is needles i've been a creek steward for many many years i don't even go just with the big troop i go on my own and i do it hours and hours every week of volunteer service i am finding so many needles on every path every parkway i go to i use coffee containers that have been donated by people and then i label them and i hand them off to parks and rec i got this in my um recology thing and it's about the sharps containers but unfortunately when you call the number to get one they have been out for over a year so i then called the eco desk they didn't have any way to get them to me so i called allister from the creeks he's going to supply them so if you are a trash picker upper a needle disposer of person talks to talk to the creek stewardship program allister and he will get you one of those containers thank you thank you valerie schlafke followed by peter churniff is valerie here valerie apparently not uh peter churniff followed by andrew roth so here we are in the eve of a full moon and not a thing has been accomplished yet but it's going to be very exciting right now with the homeless we get the forced vaccines we get the 5g military programs we have a bunch of high school kids here that could probably list about five or six other things we have a few adults that actually do work and try and make a difference but we're still on our knees to corruption and the and and and the god mammon of greed before we still maintain the slaughterhouse of the animals and the slaughterhouse of the oil which is the blood of the earth ghosts abound make not a sound as spectators warriors arise free of compromise overcome as liberators rainbow spirit warrior students walk out of school lead the way so you spectator adults abide courage to join them to play shadeh shadeh adonai shadeh arise together as one and shine as the sun's ray i am peter i am servant commanding the ongoing fires and earthquakes till every knee hits the earth remanding no labor no school no longer their fools no mortgages no rents we're all off the fence i am commanding the student strike on this full moon like jedi knights to finish the fight of all fights this be their high noon as above so too below now revealed so long concealed behind the golden mask the cap now off contents revealed of this ancient egyptian mask a mystical cobra released proceeds with its task already arrived this full moon as a matter of course uniting in power this moment this hour with the warriors of crazy horse with the fiercest warriors both bitten and unseen they be an almighty force all gathered from past and future all heartbreaks they be here to suture in present time it won't be nice it won't be pretty not in any corrupt city that be filled with crime crime against what has been given for the promised lands living as this magical rhyme political religious deceivers are no more than riff raff like ancient jews who pervert true news while dancing about the golden calf as thunder and lightning comes forth more than frightening as to sever them in half almighty power as a promised shower unseeds abusers from their perch the serpent seeds selling blood and greed the hierarchy of the catholic church almighty's love from beyond and above collects safely the innocence by search lord almighty your spirit lord almighty your spirit be my home the doors open for all your children from once they roam the last now be first as we cease all the curse by the power of this poem as the fires be commanded now the earth shakes so all remanded their knees to the earth and laying down the sword by authorities living lord we see the promised birth releasing our spirit the power the way followed by craig murphy and peter could you let andrew up please thanks i've got a few comments about the recent police shooting the other day at the corner of gurnville and fulton or in that neighborhood and also about police firearm discipline and command discipline in general uh i was a boy scout and if we we went to um shooting ranges at scout camps in pennsylvania and maryland on a number of occasions any of us who had used the level of ill discipline that uh it was reported in this incident at gurnville and fulton would have been ejected from the range immediately and given the lecture of our lives not allowed to return probably for the duration of camp it strikes me that you know a private citizen opening fire under the same circumstances this man was wielding an umbrella would likely face felony charges might be barred upon conviction from ever possessing a well really possessing a firearm again um you know the range discipline that i mentioned has to do with in particular with siding and uh identifying the target but you don't just open fire blind onto something you haven't identified and sided and uh you know i don't really see how i would misidentify mistake a um an umbrella for a long gun especially in broad daylight this incident happened i believe about 12 30 p.m uh i can see how you know if 911 caller might misidentify it but we would certainly hope that a police officer would cite it and identify it before opening fire um it seems like there's you know this feeds into a general sense of a police privilege that once officers are through probation there really are very few restrictions on what they're allowed to do on duty uh very little accountability um and that uh another um related comment i have is that we've there's a an even worse problem with uh with tasers maybe not so much in the santa rosa police department specifically but police forces in general they've got the same grip and design as uh as side arms and as you saw in the uh oscar grand shooting in oakland that is very clearly an incident where where the officer involved uh mistook it for his gun he immediately reacted with shock when he he discovered he shot oscar grand and uh i think that just in general that uh there were other incidents like that uh it really taser should be uh removed from police officers thank you thank you craig murphy hello thank you council members craig murphy santa rosa um wanted to start by reporting out uh citizens for action now as a group that that i'm what been and um recently we uh were successful at clearing a homeless again but that was behind montgomery high school um but that wasn't the end of it there was there was still uh work to be done because there was nothing preventing the folks from moving back in our future people moving back in uh so uh we had caltrans involved through a series of conversations with chp and caltrans they cleared the site of all brush and trees and then just this morning they installed signs saying the stating no trespassing and that's a big deal because that gives the police and the chp authority to go in and arrest people who do camp there in the future so um citizens for action now was instrumental in making that happen and so that's a good thing we are making a difference um the the topic that i want to talk about briefly tonight though is about needles that are in parks drug paraphernalia this sunday a woman was playing with her child at howarth park and a lot of people might recognize this uh in this picture here there's a playground that has some structures that look like a little storefront area uh chief photographed needles and a torch and a butane canister so tools for cooking heroin or meth uh somebody left them behind as they were tuning up probably the night before literally they left them on the play structure without the protective caps on the needles and this this lady's child was crawling around on the area and she saw something over there and she went over and stopped her child before the child got to the needles so this is this brings the question about why are we not enforcing the laws why are why are the and i know it's it it's homeless because there's homeless campers that are at howarth park there's homeless campers that live up above the camp watom sleeping area and others that periodically camp near the baseball diamond and then others that live up in in um in annadale park so and primarily the users of drugs are the homeless population so it's pretty safe to say it's likely homeless people why are we not why are we holding them to a different standard than we're holding ourselves what if that was somebody's child maybe they got infected with hiv or or another disease from a dirty needle um i've emailed chief navarro i asked him to up the uh the patrols of the parks um my own kids have walked by needles dirty needles uh and somebody that was strung out um and i would also finally finish with if we're not going to enforce the laws let's put up signs like we have at the joe redota trail that warn people to stay out let's warn people to stay out of spring lake park and howarth park in annadale thank you uh 14.1 mr gulen at 14.1 is a report the fiscal year 2018-19 measure o annual report and presenting will be chuck mcbryder assistant city manager and cfo and team are you missing someone fire chief uh fire chief is going to kick it off actually our cfo is going to we'll fire department will start and we'll move it to police and then uh violence prevention so uh mary schwedhelm vice mayor flamin councilmember thank you for having us now this is our annual report on the major o for the city and as the agenda says uh fire department will kick it off to my right is uh jim randy's the asl for the fire department he'll deal with the financials uh and we'll get going right now okay to start out um for um for the fire department on slide four you'll see that uh our sales taxes were four million dollars that was up 9.97 percent over the year before our expenditures were up 9.7 percent so we had a net gain in our fund balance of 424 thousand dollars um to bring us from the 2.6 million up to 3.1 million as of the end of the year slide five goes into the expenditures um a quick synopsis at the top you'll see that 84 percent of our expenditures through measure o are on salaries and benefits so we're mostly staff 10 percent was spelt on debt service for one of the fire stations and another six percent on administration and service and supplies um we increased overall our expenditures by 330 thousand but like i said before our revenues were up higher than that so we ended up actually coming out ahead um going to slide six you'll see the differences where they lay out the revenues and the expenditures and the green is the revenue and you'll see over the past several years we've had a gap in between and that's kind of what you want to see that means we're building up fund balance at that point and that's a by design that we're doing that um and the chief will address that on to come of our future concerns with that i'll turn it over to you yep so for major it's major has been really great for the city of santa rosa and the fire department so for major oh it provides 10 additional people for the fire department nine people are on an engine and then we have one training captain so with fire engine comes three captains three engineers and three firefighters we also get to enjoy it 25 uh pay for a used to be a quarter quarter time ems battalion chief we have since moved that to a full-time ems battalion chief of major oh picks up 25 just like they did on day one also a couple years back we added paramedics to all of our truck companies so major picks up the incentive for those six uh paramedics uh the impact so with the nine firefighters and the training captain i will tell you that this year we're going to we've already run over 30 000 calls for service our training program is very very stout uh meaning it's year to year it's 25 to 30 000 hours of training that we we perform annually uh department wide uh so major oh gives us the ability to really really put uh some really good training in the works for the fire department i and one of the training is one of the one aspects that i really really have a hard time uh short-handing uh meaning i don't want to cut any training because that's what makes us as good as we can be in the low the less staff we have the more training that we need um what this does is it has allowed us to fund two stations so station five up on new gate which we are in the process of uh working through fema and rebuilding or at least that's where we're heading we aren't there yet uh and station 11 on lewis road those two engines especially engine 11 took up a huge call volume uh that engine one in engine three and engine five shared so uh engine 11 is one of our busiest station uh engine one is our busiest station i will tell you that uh when you're running 30 000 calls with 10 fire engines the system is very busy so on the major oh side having those extra additional engines and equipment that we're able to purchase with major oh is very very helpful uh these are the stations so station 10 helped the construction off circadian way station 11 against and on lewis road and station five was on new gate and these are just some of the uh pieces of equipment so the type one engine we had two type one engines that major l funded the type three engine which is a wildland four command vehicles one swift rescue trailer all these uh pieces of equipment are used um quite often uh even the swift water rescue trailer that sucked up every winter and it was very useful last year many times throughout the floods around the city center as a while we did not typically have too many issues with flooding there was a lot of flooding around us we provide mutual aid to everyone around us so um looking ahead so with our addition of our what we've done is we've completed a strategic plan it's three years in we've done a standards of coverage which you guys are aware of and then on january 14th we'll be presenting a staffing study for the fire department so all major oh is is trying to help push these items forward we have funding for future location and construction of station eight we have plans to move that down towards north north dotten and herne avenue area not north dotten but dotten and and uh herne avenue uh and then we have to rebuild station nine station nine or we have to build station nine that's the southeast side and then station 11 so station 11 is a station that we have it's a triple wide building that was meant to be seven to ten years it's been in service for ten years and we're not going to have enough money in major but we're doing everything we can to make sure that that we are using that money and saving it for those types of infrastructure projects and with that we'll entertain any questions thank you chief i have a quick question just on station eight do we have a location for that because i know i i i get the response time thing but do we have a location where that's and we don't we have the general location right now we're focusing on on purchasing property for station five and getting that going and uh station eight has been put on hold in terms of property acquisition until we get station five okay council any questions on the for the fire department miss special this is totally out of order but i just want to say that that engine number one is eddie's favorite so good work that was my favorite too okay so many comments not to say anything else thank you chief thank you all right thank you up next is the police department and chief navarro good evening mayor schwedhelm vice vice mayor phleming and city council rainer of our chief of police and before i get started uh engine one i think is my favorite too so uh so i'm here to provide an update on the police department's use of measure funds here we go so as you see from this slide we had approximately 5.4 million at the beginning of this fiscal year that includes the beginning balance of 1.3 and the tax revenues over the over the year of 1819 that was about four million dollars the the bulk of the expenditures that we'll we'll go into a little bit later here includes a special project regarding the radio project and also increased spending that has to do with personnel costs in this slide here you can see that about 85 percent of our our measure of funds are allocated to salaries and benefits for our staff there's about three percent that goes to services and supplies which includes a downtown enforcement team office that's over by the center as a transit mall you can also see about it was about 390 000 that was transferred out that transfer allowed us to do work on the radio infrastructure which just a little bit earlier before during consent you approved funding for the second phase of that project and so what the first what the 390 000 did would allow it allowed us to upgrade our dispatch center for improved emergency response communication and laid the foundation for this next phase of the radio project so we're really excited about that moving forward this slide here provides a an example of what our trend is as you can see that our expenditures are actually increasing greater than our revenue early on we had early on during the measure row we had opportunities to prevent layoffs because of measure row is very important to us but as we've moved through the years what we're seeing is that we are experiencing an increase in salaries and benefits that has that makes us dip into the measure reserves right now to address the increasing costs of staff as a staffing model right now our measure row again it's very vital to us we we we gain a lot out of the measure of funds that was voted by voted in by the by the community we currently have 19 positions that are staffed through measure row as you can see we have a lieutenant that lieutenant is overseas our special our special events program and our traffic our traffic bureau the special events program that has become vital right now especially with all of the things that are going on we have an iron man cinema county fair the ones that i market and all of the other special events that go on throughout the year and our lieutenant is the the point person when we are working with the other city departments to put those together to make sure that we are doing it in a safe and efficient manner the sergeant is currently overseas our downtown enforcement team and we have a couple of officers within our downtown enforcement team i apologize we also have officers that are that are assigned to traffic and and then we have two field evidence technicians and a community service officer those are important we're we're actually using funds in non sworn positions civilian positions to provide a greater efficiency for funds and using a civilian personnel out on the street to to provide direct resources to the community again we have from a measure row impacts we can attribute 611 arrests and 412 citations to our measure row staff even though we have experienced some staffing issues in the past we've been able to and some of those some of the staffing issues that we've dealt with we've had to pull back to patrol from some of our special assignments but measure row has allowed us to maintain motor officers within the motor on the motor team to address traffic traffic issues and complaints throughout the city we've increased been able to increase our customer service again we have the measure row funds has allowed us to lay the foundation for the radio infrastructure that we have going right now and for the next phase we've also used it within our downtown enforcement team our host our downtown enforcement team is the major component for our patrol down in the downtown area they represent the liaison with our host team and several of our nonprofit providers and the the measure row has supported police operations related to a homelessness and quality quality of life issues again you know looking ahead with measure row some of the things that we're going to be doing is we have to prioritize and we will be prioritizing the needs of the department we're going to continue to evaluate the most effective use of measure row funds to enhance services to the public this basically means that we are going to be looking at how we use measure row funds as it relates to staffing and also staffing specialized teams and also equipment that actually enhances our core function our our vision for the police department is to be the standard of excellence in policing and we believe we the measure row is helping us reach that vision and in the future we're going to be we have to address infrastructure needs we're going to evaluate how we can use measure row funds from an emergency response standpoint that includes addressing and assessing what we need to be doing in active shooter scenarios rescues natural disasters collaboration with other public safety entities and public communication it's we've we have learned over the last several years that communication with the public is vital and and necessary and so we are going to be assessing how we can use funds within measure row to help us out with that and then we're also going to be looking at technology in the future technology has become an industry standard and technology is becoming more advanced and more expensive and so it'll be important for us to be leveraging measure row funds to assist us as we move forward in technology and we'll also be evaluating how we assess and work within the quality of life issues including homelessness and mental illness and our services to youth and our local schools as we are currently have if we came here a few months ago in front of you and the school board and talked about how important our school resource officers are we currently have five and we have you know with the annexation of rosalind and we've added high schools and so it'll be important as we move forward looking how we can leverage some of these funds to address some of those staffing issues with that I am open to any questions or comments I also have my acting ASO Pam Lawrence here with me in case you have any questions for her thanks for your presentation chief council any questions of chief Navarro miss vice mayor yeah thank you for your presentation and your good work I was curious about slide 16 you mentioned that that benefits and salaries have gone up I'm just wondering if part of that is has to do more with our purrs liabilities or if it has to do with budgeting and planning that's something that is more under our control so purrs does play a part in it we do have it's the basically the the fund is is going to run out at some point and so if you know measure row is is very important to us if if if it does sunset then the funds begin to dwindle and disappear and so the the measure roll funds just can't compete and keep up with with the current the current funding that we have thank you do you have a plan to have the the green line be higher than the blue line going forward we we are currently working on that we are evaluating what we need to do from a staffing level and how we how we can address that with a within measure row and our general fund but so we're working closely with the with our finance finance team including Chuck McBride and our ASO as we as we look into the future to see what we can do thank you I appreciate it any other questions thank you chief great the next section is violence prevention and kicking off this part of the presentation is interim director Carter Mayor Schwedhelm vice mayor Fleming Jason Carter with community programs and engagement with me I have Kelly Magnuson deputy director of recreation and Jason Parrish the ASO for community programs and engagement before I hand it over to Jason I'd also like to give a shout out to event minors he's the vice chair for the measure of citizens oversight committee so feel free to pass along any compliments as far as measure of funding goes so with that Jason Parrish will start us off all right in the first slide here as you see our ending fund balance of just short of 1.5 million dollars is or 1.1 million dollars is roughly a hundred thousand dollars more than what the city council saw from the 10-year plan in spring that money will be reconsidered as part of the next budget process and how to continue to sustainably fund our programs and overall in the funding scheme as you could see the choice grants as the ordinance requires is 35 percent of the violence prevention program the rest vast majority of the rest of the money is split between the staffing to provide either direct services within the neighborhood service sites in recreation or the community outreach and grant management program within the office community engagement and as you could see we have been working very hard to ensure that for the long-term health of the program through the end of the measure o that our expenditures and revenues are able to be sustainable through that period so the partnership has continued alignment with local and state initiatives such as health actions cradle to career we have Sonoma County probation's keeping kids in school initiatives as well and also the Sonoma County upstream investments policy team and of course are regularly occurring internal cohorts the policy team and operational team we currently have 43 members of the policy team and 64 members of the operational team representing over 50 organizations in september 2018 we had our first annual gang prevention awareness month after a successful nine years of gang prevention awareness week we kicked it off with a seminar focusing on trauma informed toolkits for over 125 direct service providers we also had our first annual youth september madness basketball tournament with recreation's division we had over 300 in attendance and also our first ever rosalyn unity run in addition to continued events such as the south park day night festival for our third annual parent engagement month that's a series of trainings for parents of at-risk youth to identify early at-risk behaviors and also community resources that are available through nonprofits and various organizations we did a little twist this time instead of asking our parents to come to us we actually went to them so we went to cook middle schools elac meeting which is the english learners advisory committee we also went to san rosa city schools district wide delac meeting as well and we partnered with the rosalyn cbi group for a parent engagement dinner in partnership with the police department i think this was a win-win because not only was it an opportunity for our parents to be educated on some of the resources out there but it also gave an opportunity for our police department to initiate some of our community policing dialogues we are currently still administering our choice grant program we're wrapping up cycle nine and we will be here next week to discuss the grant review teams is it safe the grant view teams recommendations for cycle 10 and our guiding people successfully program i'll discuss on a future slide so you can see with cycle nine we funded nine organizations with 736,000 some of that data we served over 3,400 youth participants almost 1,400 events and workshops with a total of 6,100 attendees something that i'd like to recognize this was the first grant cycle after releasing the community safety scorecard it's the community safety scorecard had 10 strategic recommendations and during the strategic planning process we narrowed it down to four uh students excuse excuse me school readiness truancy prevention workforce development and street outreach and and this shift was definitely noticeable in this grant cycle in particular services from early childhood education pro-social activities parent education crisis intervention and of course reentry services for for youth that are that are re-entering into the community so our guiding people successfully program is our referral component with state funding we are able to have a wraparound coordinator take referrals in for high-risk youth from probation from schools from different organizations and she takes that information and does a case review at an m dart which is a multidisciplinary assessment and referral team which consists of all of our choice funded agencies plus different entities such as different law enforcement entities and also a couple more state-funded nonprofits and although gps is not specifically funded by measure we did leverage local measure o dollars to apply for the grant and in turn we've received multiple rounds of state funding uh and this past fiscal year some of the data points from gps specifically 96 high-risk unduplicated youth and 51 of their family members receive case management mental health support and workforce development and with that i will turn it over to kelly magneson good afternoon kelly magneson with recreation division and um the neighborhood services section of the recreation and parks department serves at risk underserved areas of santa rosa so our focus is on direct service for youth primarily school age youth but we also serve middle-aged school kids and then we also hire older teens and college students so we've got quite a range of ages that we're serving um we have a very robust sports program it's very popular serving about 1300 youth a year at 10 sites our most popular program is our junior warriors basketball we have it in the fall and the spring and it is always full and very popular and then this past summer we added on a softball component to our junior giants program and that that served over 350 youth with a lot of the people participating were volunteer parents and then volunteer coaches so that was that was very popular program over the summer and then during the school year we have our community after-school programs at different sites throughout the city primarily in the northwest and the southwest however this past year we added on the lark field sites if you'll remember and they were fully funded by burbank housing and so those other six sites are also co-funded by burbank housing with measure o dollars and some general fund dollars but they can burbank housing continues to want us to add on sites in their rec rooms at their housing facilities and so we're working with them on the highest needs neighborhoods as well so those programs are going really well they have a homework component arts and crafts recreation activities sports field trips we bring in guest speakers and we also have several large special events throughout the year and then during the summer we have the full the full day programs we call that recreation sensation there for seven weeks during the summer they're very popular they're at school sites and so we partner with um san rosa city schools and rosalind school district and last year we were at belviews belview school district as well and then during that summer season we have a program called work experience where we have middle age middle school age kids participate on a voluntary basis and that's become real popular as well there's about 40 middle middle school kids that help out in those programs and that's like a training ground for them to eventually apply for the paid job so we really like to take the kids from our programs as youth into the middle school program into the volunteer program and then hopefully we're hiring them to come back and work in our programs so also during the summer we have our teen basketball camp that's that's very popular 50 60 teens participate in that we've been working really hard the last couple years to involve the parents and the families more the staff are doing orientation nights so they get to meet the whole family they're doing more barbecues at each site special events so the whole goal is to keep the family involved with the youth and their programs and we hope to see them program after program year after year trying to keep them involved in healthy activities so lastly i'd just like to uh note that about 30 of our temporary seasonal staff that work in our programs are from the high needs areas that we serve and i'd be happy to answer any questions great while we have uh the vice chair i bet would you like to make some comments on uh conversations you had with the oversight committee good evening everyone and thank you for giving us an opportunity to speak i just wanted to reiterate the importance of this measure o i've seen many students and many people in the community as you're out and about and you hear people talking about the different programs that is served by measure o i just want to reiterate to you all that you continue to keep this in mind as we're moving forward and that the sunset time is coming up so please take that in consideration uh many of these activities that we have i would like to see as as a measure old person like to see more bumper stickers and things letting people know what exactly measure o is funding all out here in the community is fire police that's not all that measure does so it's very important that we get the word out about what it offers the city so as you're moving forward and as we're all moving forward i would like to see more documentation pointing out what measure old funds is actually taking care of out in the community because it does do serve a great purpose and it helps keep people kids families together and try to keep them together in the sense of being able to have that family time and spend more time together so please as you're moving forward with this with these decisions that we have to make continue to keep us in mind and continue to move forward with the funding great thanks for that council questions this vice mayor thank you for all the great work you do i'm curious to know it's you serve a ton of of young people i'm wondering if there's demographic information that you collect on our young people beyond that that some of them are at risk i'm asking basically are we serving equal proportions of male and female children can you say that last part again yeah are we serving equal amounts of male and female children equal amounts our girls getting the service there's a lot of emphasis on sports in this and i'm curious to know if girls are getting same rate that the boys are and the reason i'm asking is because you do have a an awesome pipeline for jobs but only a third of city employees are female so i'm curious to know if we're doing something about that at this level i think we're doing a great job of that our all of our sports are co-ed so we and we have a lot of girls playing in the leagues and then our after-school programs i would say are equal as well that's fantastic to hear yeah so it's going really well we try specifically to get the girls to play all the sports as well wonderful any other questions mr alves thank you mr mayor our current plan our current efforts are tied to the community safety scorecard that was developed i believe 2016 so i think it's guiding the current plan so how do how do they tie in it's been four years so at what point do we start measuring and looking at comparisons as to what has changed with i think probably over 15 different domains that are included in that so this upcoming fiscal year we'll have an update to the community state to scorecard that will be initiating we're also working with the sum county human services department upstream investments team that not only released the portrait of snow but also the the recent latino scorecard that was released at the state of the latino community event by locy n and so we really want to look at those 10 original recommendations and how the strategic plan narrowed down to four but then from that gather the data with those four and then see if there's a potential change in in how we're gathering the data who are funding who's at the table i think we made a big statement with the school readiness component as you know councilmember alavarez from the beginning it's it's mainly the intervention piece and over the years it's evolved and matured into very much of a public health approach of violence prevention and now i'm i'm proud to say that category of school readiness is our most surprised our highest funded category and that's a big statement to us and so i think for us we're constantly evolving and we look forward to seeing what the data shows but not only that utilizing that to implement and then release a new update to the scorecard i'm sorry so so we are collecting data as time passes since the implementation of the scorecard and the current strategic plan correct okay thank you any other questions do you have any cards on this item all right mr. sorrier you have this item thank you maren before i um introduce the motion i want to say thank you as well and i know that the police department and the fire department and the violence prevention partnership all benefit a great deal from the funds that were approved and voted on by the city by the residents of the city center rosa so thank you to those residents and one of these days we will be looking at reauthorizing um i would think reauthorizing measure o it happens fast it's um it's something that seemed far away um not that long ago and so i agree that that as much promotion as we can to get the word out about these the enhancements to our police and fire departments and the programs that are provided by the violence prevention partnership um getting those word getting that word out the better off will be so with that i'll introduce the motion to accept the measure o annual report for fiscal year 2018 2019 and wait for the reading second we have a motion in the second any additional comments i just also want to reiterate you know my thanks for the work that's being done and miss myna your points about whether we're marketing it recon park does a great job of marketing all the activities there but the one thing that's missing is like how much is tied into measure o people i think are getting the benefit of it not realizing that's the source of it the voters of san rosa so i think it is something i know in the next couple years we'll be working on as the measure is due to sunset and this body will make a decision if we move forward on with it because the work is um incredible so i appreciate all your efforts all right with that your votes please and that passes with five i's thank you very much mr and ianum 14.2 item for 14.2 is a report and potential termination of the city's temporary prohibition on rental housing price gouging through repeal of chapter 10-44 of the city code reporting is sugella her city attorney good evening mr mayor and council members this is a opportunity for the council to consider whether to continue or terminate the city's temporary prohibition on rental house price gouging that prohibition was put in place shortly after the 2017 fires and has been continuing since that time so as i said this is a scheduled review in the immediate aftermath of the 2017 fires the council adopted the temporary prohibition on rental house price gouging and last year last november of 2018 the council considered whether to continue that prohibition in place and determined yes to continue it and extended the price gouging ordinance to and i quote at least october 9th 2019 at which time it shall be subject to review by the city council at a regularly scheduled council meeting so this is that opportunity for review the background we're all very familiar with the background of this ordinance came out of the october 2017 wildfires when those wildfires destroyed approximately 3 000 homes in santa rosa alone but in addition several thousand more in the surrounding area that destruction made exacerbated made significantly worse and already very severe shortage of rental housing and it was almost immediately after the fires that we did begin receiving allegations of potential price gouging in the city's rental housing market those allegations and complaints were received both by council members and by our staff so just about two weeks after the fires the council did adopt an urgent ordinance adding chapter 1044 to the city code chapter 1044 prohibits any landlord from increasing residential rents to more than 10 above the price charged immediately prior to october 9th october 9th of course was the date on which the city proclaimed a state of a local emergency due to the um due to the fires that were still underway at that time chapter 1044 also prohibits any landlord from evicting an existing tenant or terminating an existing lease and subsequently renting the same unit for more than 10 above the price that had been charged in the 30 days immediately preceding october 9th 2017 these prohibitions apply to all residential units in santa rosa residential units of any kind and it includes also hotels motels and vacation rentals there are some exceptions that are built into the ordinance that allow landlords to increase rents when certain types of repairs are needed to the unit the ordinance is enforced through code enforcement i will say that we believe it has had a significant deterrent effect and certainly we've had many conversations with both landlords and tenants but there have been no formal proceedings enforcement proceedings instituted under the ordinance the ordinance generally mirrored state law in penal code section 396 section 396 is triggered in the event of an emergency declared by either at the federal state or local level and in the event of an emergency section 396 prohibits landlords very similar to our own chapter from increasing residential rents more than 10 and it begins just during the first 30 days after the declaration of an emergency but then it also continues for any period in which the declaration of emergency is extended the governor has specific authority also to extend the operation of 396 as he deems appropriate section 396 also prohibits landlords from evicting an existing tenant or terminating an existing lease and renting the same unit to another person at a price greater than the than then allowed under the statute that would be above the 10% based on the date of the declaration of emergency the state statute applies only to those units with an initial lease term of one year or less so it is slightly more narrow than our local ordinance which applies to all rental units of all kinds in Sonoma county the section 396 is enforced by the Sonoma county district attorney and that office does have a very strong and effective program of enforcement and particularly in the immediate months after the 2017 fires the district attorney's office did handle quite a few complaints and did pursue a number of criminal actions so initially chapter 1044 when this council first adopted it was to remain in effect until April 18 2018 that followed the governor's extension of the effectiveness of penal code 396 to that same date so that was how we set that date was that was a date that that the governor had had set for the state statute on May 8 2018 the council by urgency ordinance extended the term of the price gouging ordinance to December 4th 2018 that also mirrored actions by the governor we made it we made the term go till December 4th or for so long as the state declaration of emergency remained in effect on November 27th 2018 week or so before the ordinance was scheduled to expire the council by urgency ordinance further extended the term again to at least October 9th 2019 and that was the point at which council directed that after October 9th it would come the matter would come back to the council for a consideration of of next steps so the price gouging ordinance does remain in effect at this time and similarly section 396 also remains in effect at this time as I said at the soon after the 2017 fires the governor extended the prohibitions in Sonoma county and the surrounding counties including lake mendicino napa and Solano to April 18th governor subsequently extended the applicability of the statute three additional times all again relating back to the 2017 fires so under those extensions section 396 remains in effect in Sonoma county through December 31st 2019 the end of this year I'll note that section 396 has also been triggered by the declarations of state of emergency relative to the Kincaid fire this year so it's now up to the council to determine what what next steps to take whether to continue chapter 1044 in effect or to terminate the price gouging ordinance now after a little more than two years of its effectiveness and there are three things that we looked at first is what is the state of city's reconstruction and recovery as you know and as you have heard reports we have substantial reconstruction is underway many homes have been rebuilt but we're still far from completion there's still a lot of reconstruction that that needs to take place our rental markets remain significantly constrained perhaps in part due to the the the destruction that was due to the 2017 fires but also that our rental market in general has been um difficult for some period of time second element that we've looked at is the passage of time chapter 1044 sets a baseline of october 9th 2017 the date on the our local declaration of emergency and it prevents increases of more than 10 percent above that baseline for the duration of the ordinance so it is a one-time cap and it survives for the entire life of the ordinance it is not an annual increase it is a one a one time cap we are hearing from a number of landlords i know we get calls into our office i know the city manager's office gets calls and i imagine that the council members do as well of landlords who are feeling pressure because of that that ongoing restriction the other thing we looked at is the availability of ongoing state protections at this point petal encode section 396 is still in effect relative to the 2017 fires but only through december 31st i have not heard whether the governor intends to extend that but as i mentioned that section is now applicable under the declaration with respect to the kinkade fire the other piece of state legislation is the tenant protection act of 2019 that's ab 1482 that'll go into effect as of january 1st 2020 and i i think it's it's relevant to look at what the terms of that statute are tenant protection act applies to rental housing units in general applies to rental housing units 15 years and older it does exclude single family homes unless those homes are owned by certain types of trusts or corporations the act limits rental increases to either five percent plus the increase in the cpi or 10 whichever is less i would note also that this annual cap's an annual cap and that for the initial year it will reach back to march 15th 2019 so any increases in rent that took place from march 15th up to january 1st will be included in the calculation of the rent increases that are subject to this limitation the tenant protection act also includes just cause eviction restrictions so it prohibits eviction of tenants without just cause and includes at fault just cause which would be a tenants failure to pay rent tenants breach of the lease tenants maintenance of a nuisance and similar behaviors and also includes no fault just cause which would be the landlords actions that the landlord is removing the unit from the market the owner is moving in those kinds of things the act is does include a sunset provision that it will be in effect for 10 years and then we'll sunset unless the legislature at that time decides to continue it and i will note that the act expressly does not preempt additional local regulations on top of on top of these provisions so with that we do recommend and this is pursuant to council's direction from last november 2018 it's recommended that the city by the city attorney that by myself that the council consider whether to repeal chapter 1044 of the city senator was a city code at this time repeal of chapter 1044 would terminate the city's temporary prohibition on rental housing price gouging and the associated temporary limitations on tenant evictions again as those prohibitions were originally adopted following the 2017 wildfires and i'm happy to answer any questions thank you sir uh council any questions for our city attorney mr. Rogers thank you mr. mayor hey suit there's on slide nine there's a little bit of an odd overlap between the local ordinance as well as the state law so i just want to make sure i'm understanding correctly that from the reach back of ab 1482 uh to the to march 15th if somebody in santa rosa a landlord in santa rosa had not raised rent at all at that point or say they'd done five percent that from that point forward from march 15th of 2019 regardless of what we do at this point through march 15th of 2020 they'd still be under that five percent plus cpi cap that's correct five percent plus cpi or ten percent whichever is less yeah so currently they do have the five percent because that's all we've we've got allowed in our ordinance uh and then if the the ordinance were to expire then they'd have basically the cpi that was left does that make sense um i'm not sure i understand um our ordinance 1044 limits the increase to 10 percent over that from from 2017 and and that's for the entire period so a landlord could have increased the rent shortly after the ordinance was adopted could have increased their rent by 10 at that time and then would have had to stay with that rent level all the way through till today until this for so long as the ordinance survives um you know another scenario perhaps someone had not raised the rent at all uh until and then on march 30th of last year of this year 2019 raised it by five percent they would then be limited to uh an increase um by the increase in the cpi um or five percent which is less that's the direction that i was mostly asking questions about is for folks who had not raised it to that 10 percent level yes before 1482 was passed how that would interplay and then obviously we're not discussing this in a vacuum the county also is discussing this the state has been discussing or at least the governor's office has been discussing um 396 do we know what those conversations are looking like as well do we know if the governor intends to allow the emergency declaration uh to actually sunset on december 31st and has the county gotten into any conversations about price gouging and what that means for them on the county level as well i'm not aware of any decisions that have come out of the governor's office um and i am not aware of conversations taking place um at the county either the county back in 2017 chose not to adopt a local ordinance but to rely on 396 and um yeah and so they will be it will not be a county decision uh at this point they're at the whims of the governor uh they are um now that being said if 396 continues in effect county has adopted its own local declaration of emergency so long as they maintain the declaration of local emergency at the local level um 396 will continue to apply so it applies whether it's a federal state or local declaration of emergency and for so long as that declaration remains in effect so is that different from the local declaration of emergency that we do as well no we're um both our local both chapter 10 uh 44 and penal code 396 both apply at the same time within the city of san rosa yeah i guess my question is uh will we continue to see local emergencies from the city that are on the agenda that uh are separate from the price gouging ordinance and does it have any impact on that that conversation um yes we'll be the under state law we need to bring back for review by the council the local declaration of local emergency every 60 days um we will be bringing that back to the council i believe it may be even uh at your next meeting um and so long as you continue that declaration of emergency the provisions of 396 would continue to apply okay great thank you any other questions yes this is sort of tagging on to um what mr rogers was saying i'm just curious to know how you know when we consider repealing this how we determine a state of emergency because i'm wondering if staff and i understand this may or may not be within your purview but that staff will likely be recommending that we maintain a state of emergency um yes and again um that that state of emergency isn't of course on the agenda for tonight but i will at least answer it in the context of its impact on on this matter um at this point we will we will be recommending i believe it's in the preliminary agenda that's been published recommending continuance of the declaration of an emergency um we are aware that there um have been uh suggestions that at some point we need to come back and talk about um does it make sense to continue that proclamation of a local emergency from the 2017 fires what are the criteria that we should use to determine whether to continue it or not and that discussion um we would be anticipating that that would happen you know soon right so again you feel free to to tell me that this is not an agendized matter and so just to move on to my next question but how how would we determine fidelity in this one area to an emergency or saying that we're done versus not in another area and i can tell that i've gone off the agenda here but i'm just trying to figure out here how to justify saying that in this one matter we're not in an emergency but we're still in an emergency for broader purposes we will either be in the either the proclamation of local emergency um relative to the 2017 fires will remain in effect and would have the impact here of keeping us under 396 and have impacts in other elements uh you know other realms in the city is working in at this point or it will be terminated and it will be terminated for all purposes it would not be continued for for only one purpose it a proclamation of of local emergency either continues or it doesn't okay i'll move on from this because i can sense i want want to go further off um on that but let's not do that and stay within the brown act um at at what rate uh compared to say 18 months ago are we getting complaints of rent uh price gouging i don't have that data um our office um early on we were receiving on those complaints um we have not i mean but that's anecdotal information i don't yeah i don't know if you've seen a decline um we have in our office but again our office is not the proper venue for bringing those complaints so i can't say whether folks have learned that there are other avenues better avenues to bring those complaints but i am not aware um of i i can't tell you right now what the numbers are i see our director coming down thank you sorry to put you on the spot so dave wine housing and community services we also operate the code enforcement program for the city of santa rosa and we have not had any complaints regarding price gouging where we had to open a case mostly when we hear about it it comes through our section eight voucher program when our excuse me one of our property owners is inquiring about how they can increase the rent and what the rules are the under complaints no so when i look to moving to considering you know repealing this ordinance what i'm trying to figure out is has there been a change or a delta since the post acute post fire period and i'm asking you if you're a been able to track that and if there has been a change not through code enforcement there has been no change there's been no change so that it remains continual um complaints or well under price gouging and code enforcement we haven't received any complaints is the most direct whack and answer the question so there's never been a complaint no what i was trying to explain council member is we get inquiries into our voucher program about from our property owners our landlords about how they might work with this cap to raise rents under our program but not through the code enforcement program sorry if i confused you there okay all right i'll thank you for your your help and maybe i can add a little bit to that i i think um what director quine is indicating and i think has been um at least as i say anecdotally experienced through our office is that while initially we received many complaints by tenants concerned about price gouging or improper evictions more recently we are receiving more calls from landlords expressing concerns about how they might be able to adjust their rents but again that's only anecdotal that's helpful and i'm just curious to know from the from i did go online and i saw the the portal for filing um for code enforcement and for filing a complaint i'm wondering if it's possible going forward if we are to to repeal the ordinance can we have a way of essentially tagging the the type of complaint so that