order issues We're looking at whether or not they're benefited Some years ago. I worked down at the homeless persons health project actually running a mental health program down there We had a very large generous state grant And one of the things that I learned wasn't just having all the money But it was really being able to approach the individual with their basic needs What do they need today and forming that relationship and engaging that rapport They may be more willing to have their medical need met today But that relationship and the wraparound services will move them towards the substance use disorder treatment that we want to get them to So that's a key part of the outreach outreach and engagement process The other thing is there are evidence-based practices in terms of using outreach and engagement One of them is the stages of change for people with substance use disorders, you know Is this person kind of are they pre contemplative now? They even thought about maybe Recovery from drugs and alcohol or are they thinking about it their life has taken a bad turn and they're not really excited about it Or they're absolutely committed They've hit bottom and they're ready to take the step And so we would do we would use assessment tools and engage the people around those structures and be able to Bring people along through the process very much in a harm reduction approach Um, we would also be assessing treatment readiness. As I said someone might be ready for Counseling and mental health care, but they're not quite ready to deal with their addiction yet So we would be constantly assessing treatment In addition, um, we would be engaging support We um support to get these difficult people into treatment By continuing to engage We know with a lot of these people in pack has had this experience that some of these people are extremely reticent to any kind of service Or any kind of change And so one of the things that we want to do is not turn our back on those individuals when we have failed to engage them in a program once twice And times they need to constantly be involved in that engagement process we need to be working And so how that's going to be accomplished is really through the hopes Discipline multidisciplinary team. And so the members of the hopes discipline multidisciplinary team are going to be the homeless persons health project mental health services through behavioral health substance use disorder services the veteran advocate located over the veteran service office They have their own set of issues with homeless veterans. They will be part of this downtown outreach We're going to be wrapping these services and the meeting that would be taking place two or three times a week would be inclusive Of all of those disciplines and we would be talking about these individuals that we're engaging So if we're talking about a particular individual And the homeless persons health project has made some progress on a health issue And they're a little more stable at the time for the other members of the team to try to engage them in the other services um, and So the the core of the work will happen through this hopes multidisciplinary team once the person is Stabilized once we have them engaged in services once we feel like we're ready to Pass them off to another service delivery system. There's essentially four service delivery systems that the person Engage in one would be people who have mild to moderate mental health conditions substance use disorder, but are not court involved Okay, those people potentially would be eligible for our integrated behavioral health program Down at the health the county health clinic where we have mental health services health services But additionally with our drug medical they would be eligible for substance use disorder services The next category would be kind of the same mild to moderate mental health conditions a substance use disorder But they are involved in the criminal justice system. They have picked up some nuisance crimes They have been charged with crimes misdemeanors And that would be the basically the pac court the department two court That would be providing kind of that oversight in the criminal justice system to incentivize people getting into treatment The next category are individuals with severe mental illnesses. Those are the individuals that qualify for specialty mental health through behavioral health They have mild to severe substance use disorders So these are people with pretty serious co-occurring disorders that are non court involved That would be through county behavioral health services as well as our substance use disorder service provision area And finally those individuals that have a specialty mental health diagnosis substance use disorder And have gotten involved in the criminal justice system They would continue to be served through our most program that some of you are familiar with and our behavioral health court So those are really the three steps to treatment under the hopes model Yeah So really overall what we're trying to do is is fold a prior Packed program into a broader system of care Leveraging additional resources Increasing the numbers of clients that we serve and establish a new packed specialty court It remains a focus on priority cases, particularly those that did not fit into the previous packed model Now we're both investing or proposing to invest a considerable amount of funds into this new program We've had a significant investment over the last several years in the packed program and the DAP program before that And we felt it was very important to be able to articulate A clear set of outcomes so that we can further evaluate the effectiveness of the program And make changes over time to continue to improve the program So what we've proposed is a set of actually there's 28 different outcomes In these five different global domain areas We have a set of system level outcomes health related outcomes Individualized outcome measures criminal justice outcomes and then finally community outcomes to measure the impact on the community What we're proposing to do next if this advances and moves forward is that we will take that list of the 28 proposed measures And we will narrow them down into which ones we consider to be key priority ones to measure And make sure that we have the data available to be able to track and report on those over time Our next steps is to again finalize those outcomes and reporting domains We're proposing to launch the multidisciplinary team meetings the hopes meetings in march And begin recruiting for positions in january With that i'm going to turn it back over to tina Thank you very much And so i have a few more slides for the council per agenda and then We could open up for any questions if that's acceptable All right, so um you just heard it more in depth about how the hopes team would work particularly how behavioral health would reorganize Its care to move forward and and how packed fits within that So Eric just went over this a bit to reiterate the next steps if the council has approval Of this model is that we would begin that evaluation indicator and goal setting work We you heard an aspiration to serve more clients And so putting some goals and setting some parameters around that would have to happen As well as working sifting through that list of 28 indicators and looking at their measurability and How that data wants to be collected and reported back And that is proposed to happen within the packed executive committee with the two council member appointments And with the motion you took earlier this afternoon, I believe that would be mayor terraces No Act yeah for the pact i'm trying to make it's actual it's actual councilmember chase and councilmember neroyan Thank you councilmember chase councilmember neroyan would be part of that process going forward as well as the board would have elected representatives or elected representatives from the board Another component is also operationalizing the program What we're presenting to you is a higher level conceptual program But there's a lot to work out in the details how you heard about the the massive collaboration across a lot of entities and people So how is everyone fit into this new model? How do we establish roles and responsibilities and coordination and other protocols? So that will be some work And then from there would be launching the program tracking those indicators and reporting back on an annual basis as being proposed So there is a sufficient length of time With which to collect and analyze data. So I also wanted to go over the packed budget I know this was a topic of your conversation back in july So I put in this slide a table so you can see the city's direct contribution Over time so back in fiscal year 14 this launched again in april. It was a partial fiscal year So the city put in about 39 000 for that year The next year fiscal year 15 the budget was about 200 000 and that was an entire fiscal year I also noted in the notes column is that this is plus sip There was a sip contribution on top of this but sip was kind of to the side even though there was commonality of clients and even discussion and some coordination and The sip contribution was about 75 000. It dropped down to 65 000. I think in f y 16 So in f y 16 there was an increase to the budget to three about 300 000 And that was motivated by an interest in the county as well as in the city council to Think about geographic expansion Before this it was very focused right on the downtown area and there are other needs in our city sound lorenzo park Other part you saw the intensity map from susie earlier There are some other hotspot areas in our city as well as the county had interest in some hotspot areas across the county Such as up in a felton covered bridge park. I believe was an area some places in livo. Am I getting that right? Another thing too is this council requested that there was a shift for the project manager That's the p.m. To become a city position. So that position came over Here as and became an official city position So in f y 2017 The council authorized really a status quo budget. I know it says 363 And that was due in part to some re characterization of budget We were spending anyway So we were spending some money to support some of the paralegal services through our city attorney's contract And that was coming from a separate set of money. Um, so when we did the budget that year We said let's re characterize that because it's actually money coming out of the city. That is a direct cost um 363 and then for f y 18 the current fiscal year we're in When we came to you during budget hearings back in may a very long time ago We had put forth a placeholder suggested that and the council approved that to put in $300,000 for packed and sip And the reason why was we were involved in that evaluation It had just come out in late march early april Which was about a month before year in budget hearings the packed committee the technical work groups hadn't had a chance to Really assess and say where do what's the redesign going to look like? Where are we going to go? But there was a there'd been a strong commitment from this the city and the council for this program So it made sense to instill a placeholder and I will note that actually the current year budget Had a net reduction overall because there wasn't a separate pot set aside for sip It was just 300 thousand dollars a flat contribution. So it already is Under what we paid out last year And so next I I just have two more slides The fiscal I know uh the fiscal impact of approval, you know, this is a significant issue This council has been grappling with a budget reduction to the current fiscal year. It's it's a tight fiscal time And so I wanted to talk about kind of what has been happening with the program and it's it's cost and what can what could happen going forward So in july with the adoption of that placeholder budget There's also a decision that we would close packed to new entrants meaning that the the outreach drawing new people into the program to start to To get adjudicated and go straight through the program would be suspended until it could be determined what to do However, people who are midstream who already had been entered into the packed program who are in their treatment and their accountability programs It didn't feel right for anyone to pull the rug from underneath them and to stop that. So we have had People I think it was 10 maybe down to four now or so Yeah that four who who've been Working through their programs and by attrition that the program's been declining But I know there are at least about four as of um a couple weeks ago So there has been some costs that have been incurred because we are a part of that that partnership in helping those individuals And the second bullet is the timing of the hopes packed redesign will launch wheel drive costs as we just heard from eric There's an intention for march So if you think about you're looking at a whole fiscal year at three hundred thousand dollars if we're now starting in march And our fiscal year ends at the end of june that's it's a much shorter timeline So the overall fiscal impact in this budget year We don't know it but it's expected to be much much less than three hundred thousand dollars We would work on that we would report back And then the question is as well Then how do we fund that in a time where we were making cuts councils making reductions We're concerned about our reserves and what we're suggesting giving The likely smallest amount of this no longer multi hundreds of thousands of dollars But smaller than that and also just the timing the fact that Budget hearings will be upon us in just a few very few months for next year is if council approves this What we would do is just have the general the general fund balance do a short term funding of it And whatever that amount is we would cover that carry that over into our deficit for f y 19 We would resolve it within the bigger context of the budget So that's what we're proposing and that means we're not proposing cuts you make today to offset this Which as I know some of the decisions that have been facing you in the past few months So then a final slide I just want to recap the recommendation as you see this is this history as Is very deeply rooted in the city. We were a very strong motivator for its creation We've been very involved from staff financially to coordination Our PD has been very involved a city attorney's office. It has been something We've been very much in partnership with the county and the superior court and the district attorney on And we do recommend that the council accept these these redesigned recommendations And direct us to go forward working on the evaluation and also to fund it for the rest of this fiscal year Um, but I do want to point out something as you see the second bullet point on this slide is that In taking this action, I I would hope there could be a discussion and a conscious Acceptance that they're you're signing on for a longer term commitment to this program because it wouldn't it would be Deleterious to approve this Today have it get on board on march have it be defunded three months later And just disappear That would be deleterious to the population of people that we're trying to serve And it would actually really impose a very big burden and cost on the county who as you saw from their presentation Are we organizing or adding positions in someone in reliance of the partnership with the city of santa cruz And in fact the county board of supervisors in their action on december 12th said they would accept this condition upon city funding So I think the county's interested in partnership But we would have to consider this as signing on to a continued commitment Defining this program at least through fiscal year 19 the amount of which we would come back and talk to you about But I imagine it would be substantial And so with that I will conclude my presentation Thank you for your patience and for listening and we're happy to answer any questions But before we start opening up to questions, you know First of all, I'd like to just say that I thought the agenda report was outstanding and the presentation was excellent In terms of providing the context for these changes I mean we didn't have this before and I think it provides us a really good kind of framework for where Packed was and now where it's going. I know that I was on the council at the time I think I'm the only council member that was on when we had the public safety committee And also went through the recommendations that went forward to develop the DAP You know that first was the downtown 100 in the DAP and now the pack And I can tell you that the pack program if you look at the results from the also excellent CSUMB report I mean was successful and we saw a really good success in terms of the reduction in citations in the downtown And we saw good opportunities for treatment. And so really kind of moving forward It's really kind of about what are the types of outcomes we want And I think perhaps maybe just in the effort because we're at 5 15 right now And we still have oral communications. Maybe I'll open it up to public comment and then bring it back for questions and take action that way So if you don't mind, I'll take that step You want to introduce the pack team that's here before we jump into that? I'll let you I'll let you introduce them real quick. So as Tina mentioned, even though we have stop ringing and new new clients We do have an existing caseload and there is a small team Of pack staff that meet weekly to discuss court cases and discuss clients So I know they're going to hate me for this but given Cynthia Matthews request Ray and Jen and mark would you mind coming up and introducing yourselves and giving the Giving the council a little bit of background on your uh, look at that. Look at that glare Come on just just because there is a time constraint. Yeah, and and they may have individual comments as well Good afternoon. Ray and he managed Um, currently working with county of Santa Cruz health service agency. I began working with packed Um, when it became downtown accountability program I was the first case manager and helped develop that case management protocol for the pack program and then transitioned over to the sip program Continue to work side by side with packed up until well even now Thank you Good afternoon, I'm Jennifer Pasquini. I'm the packed paralegal out of the city attorney's office and I've been with packs since April 2014 Hi, I'm Katie Bayetta. I am actually the court clinician I am a new position from an innovation grant For the court that now in criminal court We have a licensed clinical social worker that is supporting and doing assessments and screenings To ensure that people are getting their needs met and so I'm a new addition to the pack team But I used to work into the community. I was the clinical director of jannis And so from the provider side have been working with pack on a different capacity And I am excited to kind of take that experience and kind of move it into The criminal justice and really supporting within the court system to Ensure we're doing the appropriate assessments and also appropriate level of care for the people who need it the most Members my name is mark briscoe. I'm a deputy public defender for the county of santa cruz And I'm not technically a staff member of pack Volunteer got drag gooned into this by judge denine guy He told me to put my mouth to put my actions where my mouth was arguing for years for alternative services With counsel's permission. I have about a minute of things. I'd like to say go ahead if I could do that real quick This program is a unicorn and I mean that in the most positive sense You got to understand something when I got pulled into this. I was not a supporter of this program You have to understand what my role is as a deputy public defender My job is zealous advocacy for my clients and it's a short term thing So we are in a situation often where I have clients in the box in custody and they've got three options Option one is take a plea deal right now. You'll be out in a week You know the jail doesn't want to keep people in custody Option two you can stick around you're looking for services stick around six weeks to 12 weeks We'll find you a bed. You'll stay in custody, but you can get your county bed or option three Read work in this program and it's been dramatically successful. Oh, it's all I can say I've been here for 11 years I was in san francisco for four years prior to that We never had a program like this. I worked on an ad hoc committee in alameda county and set up a program like this Save the county 45 million And that was in reducing when there was a global look at total things including ambulance use and ER use So I am very much on board to with this program right now And I speak not just for myself, but for the entire defense bar when I say This is one of those weird situations. It's I was just commenting earlier to katie. It's a little bit like Uh winter 1916 in the verdun forest where at christmas that germans and british got out of their trenches and sang christmas carols together It's an adversarial system I am I work with my counterpart at the district attorney's office gretchen brock and it feels like that Most of the time we're at loggerheads and this program is something we all agree on highly successful highly effective And I hope it's something that uh, you agree to continue to support. Thank you. That's quite a visual, sir Yeah, that is So that closes out the presentation portion of it. Um, is there any member of the public that would like to speak to this item? Please step right up There's three four of you come right up over here start line up on the right hand side. Um, mr. Silva Mayor david um city council david metton silva Um, I saw the beginning of this presentation in bed at home and then I had to come down here Uh, I really am really I'm quite quite impressed with it. I I would Don't want to put any sour grapes, but I would say that we we have to be cautious When something uh is sounds too ideal I start wondering how my how idealistic it is You know if we're just really fooling ourselves too much I could see that, you know, it's nice to see positive results And I've lost a lot of money betting on people that I could turn the round just by giving them some money And there's a lot of things that you guys are doing that really need to be done I I question um those hot spots If those since there's a large number of homeless people that are included in this I question If those hot spots are a reflection of um survival Survival behavior that that's criminalized If there's any survival that behavior is criminalized I would recommend of course that you wouldn't target that and it sounds from everybody I've heard talking in this program There were since they'd be sensitive to that if somebody needs drug help they need drug help But they don't need drug help then they don't need drug help Thank you next speaker, please Next speaker, please Step right up Hello, I just want to say that this looks like a really good program with some alternatives to what we were doing before And uh, you know, what we really need to do is Take people that are otherwise labeled as uh Is outcasts drug users and give them better programs for dealing with the problem. Um Well, that's about it. Thanks Thank you next speaker Evening counsel love the the big screens and or when I watch the Super Bowl this year um Pact that that sounds more serious than not clicking on uh Use your license agreement on software. Um I I guess I I feel like 360 000 last year Uh, I think you can come up with a solution for this for you know, uh, uh, a fifth of that If you look at have you looked at like the number of students that are getting like uh, uh, Posted up here on campus. How many of them want to be social workers in the future?  I I went to uh, um Uh, it was a civic engagement uh conference at stanford last year uh for aspiring physicians and um You know some of the programs they had up there.  You could you could really, uh, you know use some of the energy you have with with the university um to uh, you know very at a very low cost deal with some of these social problems We have in the downtown. I feel like there's very very very little civic engagement. Um On the part of ucse students Um The accordion buses are kind of cool though the new new buses they have.  You know, I experience as a bus rider getting to the west side. Um, anyhow, thanks very much. Um, Yeah, it's uh Packed packed is kind of a bobbly was a great guy. Um, jerry christensen uh thought very highly of him It's interesting that you've named the program after him Thank you next speaker, please Sir, uh, my name is damon brooder. Um, I spent a lot of time on the streets of santa cruz. Uh, as an addict and homeless I'm not a prison. I've been fortunate to pull myself out of that with a lot of help from, uh, Judge calcy back in the day A lot of a lot of support from the community. Um From what I understand packed is a very successful Uh, uh program I like the fact that it has the incentive the carrot out there. Um either do this or suffer the consequences I like the fact that it has the consequences that follow through if it wasn't for me going to prison If it wasn't for me going to jail multiple times, I wouldn't have had any incentive to turn my life around I think it's very important that there be There'd be consequences and accountability for your behaviors whether you're using or not Um From what I've heard tonight I really like the idea of the the hopes program But I do not think it should replace the packed program. It seems like It should be a separate program all on its own and the packed program should continue As it's going it's succeeding. It's having success. It's working. Why change it? Why? Why throw out a broader focus? Try and get more clients I didn't understand the terminology that was used a broader net getting getting a tighter focus kind of thing All right. I sort of lost my my place there I think that packed is working Of course it needs changes. They always we always need to change for uh as we learn about things I'm I'm here as a a concerned citizen to let myself be available to the council If there's any questions that they would have of a person from my perspective from someone that's been on the streets Someone that's been addicted in and out of prison someone someone that's been successful with the programs that are offered Thank you. Thank you, sir. Um, who else would like to speak on this item? Okay, please step forward. Okay, this you'll be the last speaker on this item Um, how much time are we given given on this can I said two minutes? I believe that's what's on the clock Can I request an extra minute? No, sir. You can request it, but um, I'm going to request it Uh, I'm representing the uh, Brant's 40 community district um, and um We support this project um, it's a long time due and uh We heard earlier that live oak was mentioned and Brant's of 40 is in between that Uh, there's a lot of focus on here in town, but the issue is that Uh, when they're asked to leave San Lorenzo river, they of course go up Brant's of 40 creek and the la viega park And to the Brant's of 40, uh neighborhoods Uh, so so, um, we feel that in this consideration That our Brant's of 40 town be considered in this process equally equally And what I mean by equally for an example when the parks You work with the parks regarding the parks rangers Uh, the rangers are here in town, but not in the Brant's 40 area when we only have one officer that that represents us in the Brant's 40 Uh, district We like to make some, um important, um recommendations One is regarding the, um Call ins from the community and businesses Just like you have here. We have uh, we have homeless sleeping in the front of the doors and the businesses It's quite intimidating for the owners or the employee that comes to open up the business And sleeping on the sidewalk in front of businesses that kind of stuff It would be good something a process to where This program assists, uh local businesses and residents. Thank you, sir One other thing you're willing to provide you if you'd like you can submit your comments and writing to us and we'll hand those out I need to I need to close the public. Sure. I just want to put one more comment That's it. This is a bargain for 300,000 if you pay this this commission Okay, 300,000 to improve a golf course Restaurant that uh, if you're willing to do that for a restaurant 300,000 is a bargain for this process. Thank you You're welcome. That closes the public comment period. Um for this item Um, let me just ask because it is like five 29. Is there anyone here who's uh, Would like to speak at oral communications? Okay, if you don't mind, I'd like to just uh Complete this item and then we can uh, we can hear your oral communications then Thank you for your your patience. We're Um, not too long Thank you for your patience. Okay, so let's bring it back to the floor if there's any questions We'll um, we'll um, take it from there and hear if there's a motion council member norion. I have a process question So the recommendations that were presented to us from cs umb If we vote on the proposal tonight, are we saying we agree with those recommendations? Or are those recommendations going to be fleshed out by the executive committee and then brought back Thank you for that question. Um, the The recommendations that came out of the report were the subject of study by those three technical working groups And each of the working groups came back to the path to the executive committee with a certain set of recommendations Based upon them to operationalize the program like for instance, the housing group said Bring on some housing case managers and find some stability beds at some place So people who are immediately homeless can be placed. So some of those were already integrated but um, But by approving this program, you're not accepting or validating those recommendations You're validating this conceptual remodel of the hopes team with the pact still embedded Knowing that many of that will have to be determined as part of the next step Just to follow up. So the executive committee will have the opportunity for instance to look at the 180 day Recommendation in regards to whether that should be shortened or kept the same That we're not setting that in stone tonight No, and the criminal justice work group Did not actually when they came back did not actually Affirm or recommend changing the 180 day sentence rule, which again is not a hard and fast rule for everyone It is a kind of a guideline and maybe susie can fill in more But it's not like that was the iron cloud rule It was a way that was used but the da and the public defender really iron that out with the judge as well So the criminal justice group didn't come back and directly opine on that particular number of days What they did recommend is Looking into probations. I think it's a response grid the Thank you graduated response grid Which is a way to look at the severity of the violation and the risk of the individual and based upon that table You can come up with what's a better response. Is it flash incarceration right now? Like what's going to be the best Tool rather than a one size fits all so to answer your question I think that there would have to be more talk and conversation around that if the council wants to register a policy perspective on that That is certainly something that we could accept and take back and work with the clinicians in the criminal justice group Okay, and so that I just wanted to make it clear that we're voting for the redesign process not necessarily This the the specific recommendations. I just that has to be made really clear The other thing I wanted to mention just a few policy issues I I would question the 180 days because I believe this is a program that needs a carrot and a stick It needs both and so and the judges are already using their discretion Not everyone automatically gets 180 days, but I think it's a tool that should still be available for the judges The other thing I'm really concerned about is funding going forward I support the city putting this funding forth But is both the county and the city have to look at budget shortfalls because of pension liabilities And rising health care costs I think it's really important that we actually really need the county's help on this because they have more access To these types of grants than we do as a city One looking at can can some more pass through money be transferred to this And two looking at other grants looking at foundations and I really really hope that we get prop 47 money this time That was a really huge blow because I think this is funding and this program is specifically goes to prop 47 goals So, um, I'm hoping that there's there. There'll be a much more vigorous Look at how to get funding for this because I don't want to see us fund this and then find out G we have to defund it after a year because of of upcoming budget Shortfalls that we know of so, um, I also just really run a stress. Mr. Bruder mentioned it We received a wonderful letter from Sharon Dijon. I think we really do need the Recovering addicts voice at the table, especially somebody like mr. Bruder who actually Survived on our streets as an addict and has been very successful at being a recovering addict And I think he has a perspective that a lot of us maybe only have You know in a more technical or academic sort of way We don't we didn't live that life. And so I'm really hoping that We we also consider having that voice at the table as we are revising this program Thank you No, I just want to Get to the vote. Thank you vice mayor Watkins I'll just I don't necessarily have questions. I just have a few comments, but I'll keep them short in the interest of time I just want to thank staff for the presentation. It was really helpful Coming in sort of mid a program to understand the history and then also understand where we're going to be Going in the next year I want to thank our county partners for spending their afternoon with us and also sharing their perspective and and helping us better understand Just their work that they've done to help inform this new redesign. I frankly think it sounds fantastic I think somebody who works in prevention It's really important to think about how we can prevent some of these things prior to them actually entering our system And I really appreciate that aspect of the redesign Um, I have specific just questions that I can definitely talk to you offline about in terms of just general specific interests around like data sharing and Other things that I get excited about but aren't necessarily necessary at this moment Um, I also want to acknowledge what stood out to me in the agenda report was Really clearly identifying that homelessness and basic needs were not met and how how that feeds and fuels um Long-term success and change and viability of a of a person Um, I appreciate the opportunity to leverage services and I think it's a really great Model and a way to look at what we're already providing and how we can work together Internally and externally to identify where and who offers what and how that can best feed and fuel What is necessary for the individuals going through the program? um, I'm just interested in and um Understanding the long kind of ongoing evaluation of the program How do we track and and I know it's sort of elusive to try to identify how to track some of those social outcomes But I think it's so important to understand as mentioned in an earlier slide that there are things that aren't financially necessarily tracked but do have a huge impact on our community and I Know a line with what our work plan is for the next two years in terms of just inclusive community and well-being and and And it's hard to to monitor that in data, but it's important to acknowledge and and fill in the role as well as just cost benefit I think you know understanding where you know, there are obviously it's hard to identify And I am And track what you didn't what you prevented from happening, right? And so how do we do the best we can to identify those cost savings for prevention? Um, but I'll leave it at that and I'll talk to you more about some of my member chase I just want to really recognize the work that went into bringing this report here to us tonight I've been on the packed committee for as a council member for the last three years and have been really involved in The evaluation process and kind of how we've looked at this and Was baffled at the decision that was made in the council meeting I wasn't here to defund the program given we knew this report was coming back with such extensive work put into it to redesign it and really be responsive to The needs that we actually have in the community I'm in full support of the hopes model that was presented to us tonight and will support the recommendation and also want to acknowledge that The redesign really is taking into consideration what we as a council have been making a priority This redesign is meeting directly three of the 20 homelessness coordinating committee recommendations Directly and in addition to that is probably addressing at least three or four other ones So this is clearly targeting a need that we have seen in the city and as a council have made as a priority So i'm just really grateful for the presentation tonight. We've been looking forward to it And knew it was coming for a while I'm happy that we are able to have so many folks who actually work directly on this here tonight And i'm happy to continue to be a part of the committee that serves with pat unpacked And I am in support of the motion that's before us There's no motion right now But the recommendation and the motion that I believe is forthcoming Okay council member matthews Which I am happy to make So I will move the recommendation before us which basically has four parts accepting the um Partnership redesign recommendations and process directing staff to work with the pact executive committee Including council members To finalize the evaluation and outcome indicators To restore the pact funding for 2018 and to make a continued commitment For the coming year as well as others have said I think this speaks Strongly to council and community priorities It's a major investment. I cannot say How much I appreciate the the intention that the county has brought to really looking at this is not A turnaround or Leaving behind and doing something it's an evolution and we committed to An experiment and an evaluation and an improvement When this was launched and More than ever. I think we do have the potential for a really meaningful collaboration and Improvement of a model from our partnership with the county and the courts and And all the other players Only to mention that In business people always talk about Continuous improvement continuous improvement and this is one of the government doesn't always do it But I think this is an example where he said we have a really gnarly Hard problem to deal with and let's let's take a crack at it and continue to try and make it better So that's what I see this effort as having done. I think I really want to thank the staff also for the quality of this report There are council members who haven't been involved in it and it Maybe it seems abstract or expensive or whatever And this really gave context and numbers and background And so I think that obviously was very helpful and going forward I think it would be helpful for the pact committee to report Regularly even if it's not finite and I think maybe that was one of the problems because I know Several times in the council feedbacks. I would say we're meeting and we're having good working meetings, but What does that mean? You know, it was true but So even to the extent that a sense of Progress and achievements can be conveyed that will be helpful to other council members who aren't there and also Um Rachelle mentioned seeking other funding or pass through Maybe that doesn't come to the city per se, but to the extent that the county Is many departments are Able to bring in additional funds or resources to the extent that they enhance this program I think we will want to know about that as well. So Those are just my comments. I'm so happy to see this come to us in this form Did I hear you say that you made a motion also? I did make it. Okay. Good. Okay. There's a motion by council member Matthew second by council member chase council member crone. Do you have any comments? Yeah, thanks. Um, Thank you to all the folks from the county who came and presented I really appreciated your your comments and helped hammer home some of the things I am new around the council And haven't been a part of this longer term process uh, I support most of the things that are in the That were presented to us and and I think it does get at the at the issues that we're trying to get at Um, I do have a just a question on the motion that was made In december on december 6th. How does that motion? How does that change this and I notice are we Are we backing away from the $15,000 for legal services that that were approved that that day too? Not at all So i'm looking at 7.2. Is that right? This is pretty much we're going along with that Uh, I'm sorry 7.2. Is that a page number page number from the minutes 33 to 39? $15,000 won't be touched. It will still be available Could you go through the motion that we made on on december 6? How is this motion different than that motion? It's in our minutes. All right, and I'm sorry. I don't have the minutes in front of me So I think I think that let me just say that because I was there And I think that what we did was we um supported the funding of the $15,000 and we used these resources to fill Kind of the the budget discrepancy. What we're saying now is if with approval of this it'll carry over to the full budget to Identify uh resources to to pay for this. So we're going to have a broader budget discussion to look at this It's not coming from uh surplus funds at this time, but we are going to We're going to we're going to look at the the broader budget to fund this if there is approval right now And the 15,000 says for uh f y 19 instead of 18. Is that different? Well, I think that this is going to start in um March or april is what we're talking about. So it's going to go out a little longer Essentially we we're using the the the consistent approach with what the council did uh last time, which is whatever Gap remained uh, you did you know you made some ads And then there were some items that didn't completely cover the deficit and so that gap Uh, what are the net differences the way we're going to treat that is we're going to temporarily Borrow from reserves from reserves and then we'll address it in the context of next year's budget. So You know, that's just the way we're treating the whole the whole thing. So this is consistent with that. It's just uh adding this number to it now And and then we'll make that adjustment. We're going to be doing a mid-year budget update to you Um actually in february So we're coming back to you pretty soon and you'll see the The numbers and the latest but also i'm happy to sort of sit down and go through it with you So we are preserving the first law and patrols the existing youth team trail and camp cleanups loud Nelson activities. Yes Thanks I'll bring it back here and say that you know one i want to recognize the success of the pack program I thought we saw some tremendous benefits from that work and the coordination and know that from the cs umb report There's opportunities to kind of reform that in a way that we can look at how we can maintain those same successful Results in our city because we've seen that if you look at the results two percent of those people that Counted for about 10 of all of our citations in the city We saw that we saw an overall reduction of citations by about five percent that really benefited our city in terms of Freeing up resources to address other things So I think it's really important to me as far as how we look at our outcomes moving forward and how we identify What are measurements of success? Um, I think that having this presentation which we didn't have the benefit of last time Helps to see the direction you're going to see how you coordinate the services in ways that address What has been a challenging situation for our city? And I think we want to continue to work with the county to identify those opportunities for further improvement So that we can work in a way that leads to results And I think for me as we start to look at this moving forward Having I think it was in the county action. You're going to bring back details regarding the The program changes back to the march board of supervisors meeting I'd like to make sure that our council also received those same changes And then as we look at sort of measurements We look at reporting systems that are consistent with how we had in the past with PAC Where we actually saw what those issues were who were enrolled and kind of I want to make sure that our City employees have a role in kind of making sure they can identify these these individuals as you mentioned Through the improved collaboration that we'd have Local law enforcement and the courts help coordinate those in ways maybe that we can improve on what we've been doing So that we can make sure that we're not decreasing the kind of attention to And the results that we've seen in the past those are things that I really want to see moving forward I'm thankful very thankful that we're looking at moving this forward I'm thankful for this presentation because I thought it really kind of addressed the questions I had because it was really open-ended as far as when we had a successful model where we're going to go to next So I look forward to hearing back from the committee to see Where those results are and how we can kind of improve this collaboration moving forward I want to say that our downtown really needs this attention We need to make sure we're focused on the downtown and some of the areas of the city and It's important that as we start to look at these programs that we really kind of are mindful of the direct impacts that people have And the individuals that are in need of these services so we can make sure that we're creating program that that builds on our past successes so That standpoint i'm going to support this motion and Ask that you know as we start to move forward that we bring back, you know these updates on a regular basis So we know where we're going and we have full information Of you know what we're investing in and that it's a commitment and it's a shared commitment And those results that we want to see are ones that we are conscious of and we're fully in agreement with that We're looking to achieve together So on that let's put it to to a vote all those in favor of the motion on the floor Please say aye. Aye. Aye those opposed Passes unanimously. Thank you again. I thought that was an outstanding presentation and I really appreciate that work Okay, now we have oral communication. Thank you for your patience Again skipping an item Um the calendar. Yeah, let's carry the calendar over for tonight Okay, 21. We'll move over to tonight And then so we'll open it up for oral communications Uh, excuse me while you guys exit i'm going to keep talking. Thank you Oral communication is an opportunity for members of the community to speak to us on items that are not listed on today's agenda Um any members of the public who wish to address the council? Again, those are the three here Please line up to the right and you will have Two minutes to speak. Okay, there's four of you. So these are speakers tonight. Nathaniel if you'd start Yeah, I do. Thank you Hello, i'm natalex dot kennedy gmail.com also, uh, three four six nine eight eight eight if you ever want to get a hold of me Uh, the big thing I want to talk about tonight is that yes money does not grow on trees It grows on hemp And not only that it's worth more than gold um One of the big things I think the city needs to do is start up a seed bank keep seeds of all different plants And especially with hemp we need to uh make it so people don't have to go to the black market when they want to grow their six allotted plants Also along those same lines I think it's important that we let people grow as much as they they want to maybe limit that to industrial use Which is a quarter of a percent THC instead of what often people are using that's like 25 percent The difference of a hundred to one Also, I think that the city itself should be Open up areas where the city is growing hemp. I think that's really important and uh Have it so that uh, like I remember back in 1996 when medical marijuana first came to be that uh The city of san francisco started growing their own just so that there wouldn't be a problem with supply um Gosh, I've just got so much. I've been thinking of it. But now that i'm on the clock. It's hard to remember everything um another thing with the the Uh Just the medical marijuana distribution being able to finally legally sell to everybody. Well, I think what we need to do is have the uh Okay, that's it. I'm not extent. Thank you next speaker, please Uh, don't uh, thank that kiddle santa cruz I have a sign here. Uh, oh we aren't on tv are we? um Okay, fine Hey, could you face us mr. Kittle, please mr. Kettle. This is basically We really need to be talking about this and uh, you guys wait till i'm done talking and then act like you've never had an opportunity To speak for yourselves, which is kind of silly since Who has a better opportunity to speak than the city council? At any rate, you can badmouth me after i'm done and I can't respond for now. I'm just going to point out that Um, there is overwhelming evidence that israel was primarily responsible for doing 9 11 Uh, that has a serious bearing on all of our lives Both internationally nationally regionally and statewide and locally has a huge bearing You guys are ice scrapping for funds How many people really know that obama gave a little over a year ago? He gave israel 38 billion dollars 38 billion with the b on top of everything else we do for israel that maybe was a Hey, uh mayor, if you don't mind listening My ears were still open. Uh, okay. I guess you can multitask, huh? so israel basically Owns our politicians nobody gets elected Unless they are seen favorably by the israel lobby and We're about to go to war with iran and Trump's doing everything he can with the israel lobby to stir that up. I encourage people Bolin calm bolin calm. Look it up. Thank you next speaker. Please mr. Mittensilva Mayor city council david mittensilva Um lately it's it's been kind of nice to have homeless people come up to me and say What are you talking about david here? Would you put on pause for a second? Um, sir, would you keep the sign down below? Please? It's just we it's as a rule we keep signs below please Please it's editing my comment. All right. Thank you, sir So to hear hear back from uh, so many homeless people. Oh david, you know, what are you worried about? You know sleeping bands are not being enforced. There's no more. There is no more sleeping band I keep hearing there is no more sleeping band. So that's really really great. I'm here to celebrate unfortunately It's still a law on the books You know, we still have the rolling fast to repeal the sleeping band going on one person each day Fast and calls you guys and let you know that they're fast and repeal the sleeping bond real real simple Kind of protests is better than me fasting and killing myself like I tried to last year. So um, it's it's Something I hope it'll take care of real soon because this is the best time to get rid of a law That's obsolete and and no longer in use and to begin to think of using it means that you're beginning to think of doing something wrong It's because it's a morally it's a morally improper law. We don't need to have it on the books anymore I hope that when I get back from Mozambique March 5th, you'll have it all taken care of for me Thank you very much. Thank you next speaker. Please add a bit of a cold. So it's hard for me Okay, sometimes A few things I want to talk about um Uh First, uh, I was noticing how to crepe it uh seabright beach is getting um for a long time You know, I was very disappointed when the walkway out to the point Was uh pulled up and I don't know how long ago that happened. Um, but actually down on the beach itself. Um Well right now, I guess it's probably loaded up with driftwood. Um, C cliff was very recently.   So anyways, that's um, that's my suggestion for seabright and get all the the showers and the in the in the water working and And spruce things up make it nice. I know it's uh the stake, but you know, you guys can write them a letter the other thing I talked with, um An administrator of the stem center at the community college about an idea for like a circular intersection another one in the city She's a huge fan of of the circular intersection. So it was kind of preaching to the choir, but um, moracy Uh moracy is you know, I think something in the future the city should look at as as for a circular intersection I think it would actually be kind of amazing. Um, my third thing I want to talk about was Uh, so the development down here in the benchlands this, uh, I mean, I've just heard called that recently But the the the encampment and all the tents if we had had flooding in these recent storms, uh, you know, that would be A just a god-awful mess a huge amount of cleanup But the main thing um to think about um first and foremost would have been like an emergency plan Like involving the red cross seeing if we could open the civic Um evacuation Thank you. Thank you. Thank you.  Maybe if we can have five minutes before the sixth that closes the oral communications for the evening Let's see if we can if there's if you'd like to do item 21 now So we don't need to carry that over in regards to the uh council calendar um Everyone knows we have um next uh next week. We have our um advisory body meetings. You have that on your calendar It interviews uh, it's a meeting and um Anything else any questions on the calendar council member matthews? Um, I didn't see here the feedback from our committee assignments Feedback usually go around and we talk about you know what I do and um, that was something I had spoken with a few other council members Is that's on the agenda? Um, I'm going to carry that over every other meeting So we're not doing it every meeting And I think that's one way where we can ensure that at least if you have a meeting that month You can get it at some point. So we're not calling it out as an agenda item and that's in the interest of time savings Yeah, so that's why it's not on there, but thank you for noticing Um, so see no other Comments on the calendar will uh adjourn until the 7 p.m. Uh session Or adjourned Call the meeting to order A roll call Council member. It's crone You're so funny matthews is currently absent Chase Brown is absent norion here Vice mayor Watkins here and mayor terrapin here Good evening everyone. Welcome to our 7 p.m. Session of the january 9th 2018 meeting of the city council I'd like to um welcome everyone here and also go on to um the only item we have on our agenda Which is a public hearing uh number one Um regarding noble drive. So i'll turn it over to the presenters To begin Evening mayor and council members lee butler the planning director and i'll just do a brief introduction this evening We have a wireless communication facility that is proposed in the public right away off of um, noble drive and um We uh typically have these um at the planning commission and this particular item was appealed the Planning commission's approval was appealed to the city council And um, we have our city attorney here with us heather She provided a um a great series of um federal and um state Criteria that frame the city's ability for what it can and cannot regulate She provided that presentation to the planning commission and it was really great background information So we've invited her here today to also um present a portion of that information to the council And to the community here in advance of the staff's presentation on the item itself. And so Heather will provide that introduction in advance of mike ferry our senior planner introducing the project itself Good evening Heather lehnhardt americ council members, so i'm just going to do a really brief primer overview. Um, try to not take too much time But if folks end up having questions, i'm happy to answer any questions So what we'll do is just do a um an overview. There's a complex web of laws federal and state And so we're going to go over generally the federal legal framework some of state laws at issue and then the bounds of local authority So when it comes to the federal legal framework, you can just go ahead and click it all the way so that it's the full Um, the primary federal statute is the telecommunications act of 1996 um, and in particular sections 47 usc section 253 Which preamps local and state regulations that prohibit or have the effect of prohibiting the ability of an entity to provide telecommunication services But also protects nondiscriminatory right-of-way management and compensation And then section 332 of the telecommunications act that generally preserves local zoning authority, but imposes some substantive and procedural limitations There's also what's commonly referred to as the spectrum act. It's the middle class tax relief act codified codified in 47 usc 1455 it's also referred to as section 6409a that deals with insubstantial Colocations or modifications of existing facilities and there have been seminars Um entirely devoted to that section. So because it's not relevant to the appeal I'm not going to dive into that but wanted to keep that on your on your radar and then to round out the federal legal framework There are FCC regulations and decisions that interpret those federal statutes When it comes to the telecommunications act Congress sought to promote competition and reduce regulation in order to secure lower prices and higher quality services For american telecommunications consumers and encourage rapid deployment of new telecommunications technologies On the other hand congress also sought to preserve the authority of state and local governments over zoning and land use matters Except in limited circumstances And so section 332 c7 is the section that preserves the local zoning authority So it provides that accept is provided in this paragraph nothing in this act the telecommunications act Shall limit or affect the authority of a state or local government or instrumentality thereof over decisions regarding the placement construction and modification of personal wireless services facilities Now section 332 c7 sets forth Several limitations on what a locality may and may not do Locality may not regulate siting or deny an application of a wireless facility based on radio frequency emissions If the facility satisfies FCC rules and we'll go into this a little bit more in the presentation A locality also shall not unreasonably discriminate among providers of functionally equivalent services Now what this means is that zoning rules and permit approvals can't discriminate between similar technologies or facilities That are similarly situated in terms of structure placement or cumulative impact An aggrieved provider would have to show that the discrimination was in fact unreasonable some discrimination among providers of functionally equivalent services is allowed But the discrimination needs to be reasonable So one piece to keep in mind is that discrimination based on traditional bases of zoning regulations such as preserving the character of the neighborhood and avoiding aesthetic blight Are reasonable and therefore permissible A locality also Shall not prohibit or have the effect of prohibiting the provision of personal wireless services And a locality also must act on and then those are the substantive limitations. The last two here are the Procedural limitations that a locality must act on a request within a reasonable period of time After the request is filed with the locality and these are what you've probably commonly referred to as the shot clocks There's particular time frames within which the agency has to take final action on an application depending on the nature of that application And the locality must make a final decision to deny in writing and supported by substantial evidence contained in the record So section 3 3 2 c 7 b 4 Sets forth the limitation on rf emissions that no state or local government or instrumentality May regulate the placement construction and modification of personal wireless services facilities on the basis of the environmental effects Of radio frequency emissions to the extent that such facilities comply with FCC's regulations concerning such emissions The agency may Regulate if the facility doesn't comply with those FCC standards Now the telecommunication act also mandates that the regulation of the placement construction and modifications of personal wireless facilities By a state or locality shall not prohibit or have the effect of prohibiting the provision of wireless services So what does that mean? It's several things that you can't outright ban the provision of wireless services You can't effectively prohibit the provision of such services For example imposing restrictions that would amount to a ban And you cannot prevent a service provider from closing a significant gap in its service coverage So a local agency may violate the telecommunication act's effective prohibition clause if it prevents a wireless provider from closing a significant gap in its service coverage To make this determination the courts have adopted a two prong test Requiring the showing of a significant gap in service coverage and some inquiry into the feasibility of alternative facilities or site locations The significant gap prong is satisfied where the provider is prevented from filling the significant gap in its own service coverage And the feasibility prong is evaluated under the least intrusive means standard Which requires that the provider show that the manner in which it proposes to fill the gap is least intrusive on the values that the denial sought to serve So what is a significant gap? It's this is really a very fact in context specific inquiry There's no bright line rule, but some of the factors considered are up on the slide Such as whether the gap affected a significant commuter highway whether the facilities are needed to improve just weak signals or fill a complete void Whether it poses a public safety risk things of that nature So once the provider establishes the existence of a significant gap Then the provider has to show that the manner in which it proposes to fill that gap Is the least intrusive on the values the denial sought to serve This really this hinges on the availability and technological feasibility of alternative sites The applicant has to make a prima facie showing of an effective prohibition And demonstrate that it's made good faith effort to identify and evaluate less intrusive alternatives Now the city isn't compelled to accept the provider's representations But to but in order to reject them the city has to show potentially available and technologically feasible alternatives And then the provider would have to have an opportunity to dispute the availability and feasibility of those city favored alternatives Now shifting over to the california laws There's um, there's several laws dealing with two general buckets the public right of way and um facilities on private property The california public utilities code section 7901 that deals with the right of way management Then there's government code section 658 50.6 and 659 64 Those provisions deal with particular types of co-locations and also impose some limitations on what types of conditions of approval A city may impose on a wireless application And then government code section 659 64.1, which was enacted via ab 57 fairly recently That imposed a deemed grant remedy So section 6901 grants certain rights to telecommunication companies, but those rights aren't absolute Section 7901 provides telecom Companies with a right to construct wireless facilities in such manner and at such points as not to incommode the public use of the road or highway And then section 7901 point one provides that municipalities have the right to exercise reasonable control as the time place and manner in which roads highways and waterways are accessed So all in all section 7901 and 7901 point one Don't grant the telephone companies unlimited rights to install their equipment within the right of way The the right of the telephone companies to construct their facilities in public rights of way is not absolute this this These two sections specifically contemplate potential conflicts between the rights of telephone companies to install facilities in the public rights of way And the rights of cities to regulate local matters such as the location of the poles and wires And section government code section 659 64.1 This was enacted via ab 57 This created a new deemed grant or automatic approval remedy for new and substantially changed wireless facilities So a local government must approve or deny an application within the applicable federal shot clocks And those those shot clocks are For co-locations And substantial modifications to existing facilities. That's a 90 days from submittal of the application And then for new facilities the shot clock is 150 days from submittal of the application So the application would be deemed approved if the city fails to approve or disapprove the application within that applicable shot clock Accounting for tolling The the shot clock may be told via a couple mechanisms a mutual agreement with the provider with the applicant Or going through the process of an incomplete application and providing the requisite notice And there's a complex set of rules dealing with those incomplete applications Then the applicant also has to provide all required public notices required Regarding the application before the deem it would be deemed approved And then finally the applicant would have to provide notice to the city that the reasonable period is lapsed and that the application is Going to be deemed approved. So other than imposing this deemed grant or automatic approval remedy This government code section doesn't limit or affect the authority Of the city or county over decisions regarding placement construction and modification of wireless facilities. It just imposed that remedy So now look taking those and looking at what are the bounds of local authority Considering this federal and state framework There's the like I mentioned earlier. There's those two buckets the regulation of private property That's where you're dealing with zoning looking at the location height setbacks and appearance and then right of way management That's where you have the time place and manner regulations, which can include aesthetic considerations neighborhood character So some limitations on discretion First the agency may not reject an application if the agency does so based on rf emissions Where the evidence shows that the proposed facility will meet federal standards But here again the agency may deny an application if the facility does not comply with FCC standards And you also will have conditions of approval That indicate that the facility has to continue to comply with FCC standards and document that That compliance Some additional limitations on discretion that the agency may not reject an application if The rejection would implement a ban effectively constituted Constituted ban or create a significant gap in the provider service as we discussed a little bit earlier If the rejection would constitute an unreasonable discrimination among providers of functional equivalent services Again looking at those that are similarly situated But that not all discrimination is unreasonable that discrimination based on traditional bases of zoning regulation Such as preserving neighborhood character avoiding aesthetic blight. Those are reasonable and therefore permissible And also an agency may not reject an application if it qualifies as an eligible facility's request This is a if it's an insubstantial change modification or change under that section 6409 framework agency also may not Unlimited unreasonably limit the duration of the permit for the wireless facility So limits of less than 10 years are presumed unreasonable And the agency may not require the wireless facility to be limited to sites owned by just particular parties And you may not require an escrow deposit for the removal of wireless facility But a bond or some other form of of surety is okay as long as it's rationally related to the removal costs Now what may you do the agency may impose detailed application requirements that are reasonably related to a review of the project There are some restrictions for section 6409 applications where they're But otherwise, uh, there's I won't go into but um, otherwise you can you can require a detailed application Require public hearings on the application require approval or review by the planning commission exercising discretionary decision making Again, this is all subject to those shot clocks making sure that the final action is taken within that reasonable time frame Um, the agency may also impose requirements to meet aesthetic concerns and impose facility maintenance standards Now some permissible bases for the decision are aesthetics requiring visual impact studies screening and other types of camouflage Issues dealing with community character neighborhood character historic considerations Environment such as slope stability soil erosion and things of that nature hydrology as well as generally accepted building and safety codes ensuring compliance and conformance with those The public right of way some permissible time place and manner rules No unreasonable interference with the public's use of the right of way Discretionary permitting is allowed You can also require insurance bonding and indemnity requirements may be imposed And require compliance with building and safety codes And there's also you are allowed to have aesthetic considerations So some typical provisions to protect aesthetics are listed up there Screening and camouflaging landscaping when it's appropriate noise and lighting limits Discouraging new poles Preferring undergrounding of equipment where feasible And encouraging preferred locations And I know that was a speedy primer on the wireless legal framework, but I'm happy to answer any questions that you might have So it's I'm sorry you think that's a bit more right Is when people say community character in this case, what would be a legal definition of of Character or is that as um subjective as I think it is it's very subjective And you're looking at the particular neighborhood that you're operating within in the specific considerations I mean ocean views Sometimes there's a particular components of Of a neighborhood But it is very subjective. Okay. Thank you specific Any questions council member chrome What Talk about the shot clock thing again If Say we ask Them to find another place or to do something different or change The layout of the box that's going to be on the median What where's the shot clock in With that with the relationship to that if we ask for changes tonight All right, and I understand from looking through the material that the the shot clock expires tomorrow Is that correct? Right. So final action Needs to be taken by tomorrow. Um, and that that final action is either a denial or approval With conditions imposed Yeah, right there there is the I mean and this is based on whether or not the parties come to mutual agreement There is the possibility of tolling the shot clock That would need to be the mutual agreement with the applicant in the city What is tolling the shot clock mean extending it? Yes, so you can you can essentially Agree via an agreement a letter agreement is what we've used in the past Saying that both parties agree to extend the shot clock to some date certain in the future And that's permissible to essentially stop the clock as of that day and and put it on pause and Find that it won't expire until the date that the parties agree to the issue of a significant gap Is that exists right now? Is that why that this is being placed in this particular neighborhood? Um, my and I can let mike and the the staff Comment on that, but I I believe that that that that they identified a significant gap Um, have we turned down any cell phone towers? In the last five years or so Have we denied application? Not applications. Yes. There have been applications denied. We've recommended denial of some denied I've got some slides to show you that'll respond to that question Thank you mayor. Okay. Thank you. So I just have one quick question And that is how does the appeal process factor into the shot clock, you know time period I mean, is it something where even when an appeal that the do the timelines remain constant? The appeal is included so it's kind of an all-in so the appeal has to be completed within the applicable shot clock Okay So I could see that being something in the future that we'd need to look at in terms of I'm just timing as we start to look at these types of applications Yes, especially when it comes to those that have the shorter shot clock the 60 day 90 day Okay, so I mean we're still part of the staff presentation So I don't see any more questions from the council and let me just repeat that This is the sole item on our agenda to public hearing and so what we'll do is we'll have the continuation of the staff present their report Then the appellant will have 15 minutes to speak and present evidence in support of their appeal And then opponents or or the responding applicant will have 15 minutes to speak and present evidence And then we'll have public comment Um, and then after that the appellant will have five minutes to rebut the public comment And then in the end, um, we'll return to the council for deliberation and action And for those that were counting it's a six part process and we're still in part one So I'll turn it back over to staff to continue their presentation Thanks, uh mike ferry with the planning. Uh, good evening So This is a new type of animal. We've been dealing with it about two years. It's called a distributed antenna system and it's a Smaller variety than what we're used to which is the large monopoles that are usually constructed in commercial or industrial areas So these are have been designed to fit into residential neighborhoods because the demand in residential neighborhoods has increased in the last seven or eight years because everybody's using cell phones cell phones so as the the capacity is Limited and the coverage is limited This new system Has been designed and we've seen them for about two years now So our current zoning ordinance didn't anticipate this and We're treating it just like we treat a commercial project If it's a monopole, which these are even if it's on a light standard It requires an administrative use permit and a design permit If it exceeds the height limitation of the zone district that it that it's in and in this particular case The height district is the height limitations 30 feet If it exceeds that then they have to get a special use permit approved by the planning commission specifically for telecommunication polls that exceed the height limitation of the zone district So that's where we are with these sites Planning commission reviewed this as well as three other sites and I've got some slides and they unanimously recommended approval of Three of them. They did recommend that the applicant look for another site On a location on high street that was adjacent to the Meadow the ucsc meadow and kind of close to the historic barn And the applicant did find an alternative site directly across the street on the south side of high street And the planning commission heard that. I think it was december 21st and approved that location um So let me show you the slides Excuse me. Is that an alternative to the one we're talking about the high street one? It could be either there or the this neighborhood. No No, the high street one When it first came to us was located on the north side of high street right about here And that affected the view of this meadow and the historic barn that's right at bay and high And the planning commission continued that item asked them to look for an alternative site they looked at three additional sites And because of the coverage they were after which is generally in that area The best site that they found was directly across the street So these were the four locations that the planning commission heard These three were approved and this is the one that was appealed that we're hearing tonight So when these applications first came to us These next three or four slides are examples of what was presented to us all of the equipment was going to be placed on the pole itself In this uh, you can see the PG&E meter a shut-off box Switching equipment Same type of equipment located on here a meter switching boxes the uh rru's they call it radio remote units And then on this one, there's a like an outrigger arm coming off of the pole with the antenna on it Other example with all the equipment on the pole and outrigger arms with the antennas Kind of hanging out over the street This is a great example of a really bad looking one. Um, I believe these were all from the city of san francisco So when we first got applications submitted, um, they didn't look like this But all of the equipment was on the pole and it was a different, um carrier And it was a different, uh consulting firm that presented those to us And we sort of argued back and forth for several months that uh, this wasn't Something that we could recommend approval of and they said it was impossible to not have all of the equipment on the box And so we wrote a staff report and uh, with a recommendation to deny in the day before the hearing they withdrew And um, they eventually just went away Um, a new consulting firm has come on board and they've come up with designs that meet what we currently have Which is a design like this. So this is the the unit that we're looking at today the appeal It's a city, uh Standard light, um pole you can kind of see the lights right there They're going to remove that pole and replace it with a new pole that's engineered and designed to carry the loads They'll put the antenna on the top They'll run the cables inside of the pole and then underground to the equipment cabinet, which will be located in a vault It's a subterranean vault So it won't be visible The only thing that will be visible, um, and this is an ongoing, um Problem with pg and e they won't allow their meter to be under grounded. They either want it bolted to the pole or in this great case they agreed to let it be A pedestal meter So it's a pg and e meter on a pedestal. It's about 18 inches square. It's about three and a half to four feet tall So as I said the height limitation in this zone district is 30 feet the existing Top of the pole was 31 9 And the proposed replacement pole with the antenna on top to the top of the antenna is 35 feet nine inches So that requires the special use permit approved by the planning commission This is the location. It's an immediate Um, when they first presented the proposal to us the cabinet wasn't vaulted. It was on the ground It's about four feet tall and it's about yaoi and about four feet deep and public works, um required that it be vaulted so that it didn't cause a sight distance problem for cars And this is a photo simulation of what it will look like. This is the existing street light standards And this is the new one with the equipment and vaulted underground and you can kind of see the pg and e meter So the coverage mapping that they provided looked at these sites these are all either approved or All been approved with discretionary permits And they'll either be under construction or they have already started construction This is the study area that they're looking at to increase the coverage And all of those Many sites or da das sites Traveled to a main hub and in this circumstance the main hub is off of mission street And it's behind one of those old brussel sprout packing plants and it's a big Monopole with an antenna array and there's I think two different carriers on that So this is the coverage maps Green is good coverage yellow is poor coverage and Red is no coverage and there's two different bandwidth. This is the 700 megahertz band So all of this yellow is poor coverage See any no coverages. So this is with this is the the existing coverage The existing plus the proposed With all of those nodes installed and operating you can see the Increase green all around that improves the coverage for this entire location These units that are proposed That's the 700 megahertz band in the 21 megahertz band and both of these bands combined provide self-service One moment Councilmember crown I sense you you want to ask something. Okay, so maybe we can we'll go through whole questions until after okay, okay um So this is the existing coverage and as you can see it's either no coverage or very poor coverage and then again with those das units installed it increases the Good coverage in these areas and Those from no coverage to poor coverage in these areas that's the Gap analysis they also included an alternatives analysis and one of the alternatives was to place a standalone poll on the opposite side of the landscape island public works doesn't want just Random polls going up, you know if they're carrying antennas they prefer to have a city polls Replaced and have the antenna on top of that just to keep the clutter out of the neighborhood So I'll kind of quickly go over the appeal issues. I I think the staff report Touched on all of those pretty thoroughly The health issue. We did have an rf analysis done all of these Applications will require a rf analysis a radio frequency analysis. It's done by a licensed engineer in the state of california in this particular one They they model these facilities Based on the highest power densities that the unit could operate at if it was operating at 100 percent and the the model predicts that The rf exposure on the ground would be 0.82 percent less than 1 percent of what the federal government allows and seven percent What the federal government allows to the Next adjacent closest building We also require that Because this is a modeling exercise. We require that they come back 30 days or within 45 days after the installation has been installed and fired up and been operating and they physically go out And measure the site to make sure that it's operating in conformance and they all come back with measurements that are Very close to what they're predicting The other issue was proof of the necessity and that was the Coverage mapping that I just showed you That's the other appeal issue There was a safety and hazards issue and public works and the building department both review and approve these plans when they come in for an encroachment Permit public works department make sure that the polls engineer to carry the loads Wind loads all that stuff. It's installed under the direction of public works and it's inspected by The building department and the public works department Prior to finally in the permit Noise was an issue and we did ask for a sound study on the One of these items not this specific one, but we did ask for one that was up on Western Drive and that study They had to hold a hair dryer to get the fans to come on a hot hair dryer It's triggered with a thermostat and Got thick walls. It's insulated. They don't expect it to to require that kind of Cooling but with the fans going It was if you were 35 feet away At all of our noise requirements and I think the closest house to This one is 70 feet away Invasion of privacy was an issue in the appeal letter and the applicant testified that The machine would be maintained once a year and it would take a little bit less than an hour and other than an emergency like a Tree falling on it or something like that. That's that's what you could expect for maintenance So in the general plan I or in the staff report I list a lot of the general plan policies that encourage us to support telecommunication facilities I think the applicants shown that this facility will provide coverage where they're currently lax coverage There won't be visual impacts to the residential neighborhoods and the rf exposure levels are well within what the fcc allows I Did get Only one phone call on this Since the appeal was filed and that was today from somebody that was generally concerned with rf emissions and health I did also receive And you folks received that additional letter from the applicant's attorney It was like 18 or 20 pages or something And So that's the only additional communication that I've had on this so staffs recommending that the city council deny the appeal Uphold the planning commission's acknowledgment of the environmental determination An approval of the administrative use permit the special use permit and the design permit Based on the findings listed in the draft resolution and the conditions of approval that are attached as exhibit a Thank you, mike You know at this point i'll um ask now the appellate will have 15 minutes to speak and present evidence in support of their appeal But we'll set the timer when you're ready You ready? Okay, good evening. Thank you very much. My name is xiao wei chun. I'm a professor of chemistry at ucsc I'm here on behalf of the no bare neighborhood To request to ask the city council to revoke the approval by the planning commission on this project Or the seven tenor owned on bare price This petition was also cosigned by 43 neighbors their name are shown on the screen right here they account for They account for 40 more than 90 percent of the households They account for more than 90 percent of the household in the closed proximities Or the proposed side of this antenna is shown the map right here So we list seven reasons in the petitions saying I'll give for our case that this antenna is not needed Reason number one. There's no proof that this antenna is necessary When you look at our neighbor is already currently fully covered by four major wireless carriers Including Verizon as shown on these covers maps. These are downloaded from their official website from the company I just did it this morning. Okay Check the gang. Let's look at something And so I don't see any need for the new antenna at this point in our neighborhood So the cities will simply reject the application right away because of the city ordinance saying that why this kind of communication Should not be allowed in a foreign district including for example single family residents and multiple family residents And to a bare minimum the city's request horizon to do To provide evidence that there's a significant gap in coverage They included these two figures right here at the show mic that show a moment ago And this kind of country this is very confusing There's a lot of contradiction with the what the coverage makes shown on the company website Third party assessment is is needed to do this kind of assessment at this point Reason number two the proposed antenna poses serious safety of her head just to the density population neighborhood Town council has a history of Self-tower collapse in the past as you shown the screen back in 2013 There's a tower collapse in st. Louis and causing damage to nearby buildings How was owned by count council? This is the thing that we know From the documents this antenna going to be mounted this antenna is 42 pounds It's got a mounted on top of the light pole 30 feet above ground Okay So we are in an earthquake we're living in the earthquake countries So in a severe weather conditions or an earthquake this thing could fall off And damaging private nearby property or hurting people nearby In addition this location nearby they have been flooding Happening In multiple times in recent years And I just realized that actually this thing is not really about this thing. I don't know this is more dangerous in this case I'm going to show the picture right here in the next slide Okay, this is the picture I took this morning This is the picture I took this morning So there's a drain very close to this light pole and when you have a drain meaning this lowest point in the neighborhood So during the rainy day all the water will accumulate to this point and go into the sewage system And personally when you look at the right hand side, this drain could be black Fallen leaves And create water accumulation in this area actually in fact last year we had a lot of water had a lot of heavy rain days And the water level actually even reached the garage door in my house At that water level the the cabinet would be immersed in water This would create an extremely dangerous situation where somebody could be killed Simply by walking into the water See the planning commission arguing that well this thing will be done the construction will be done by by qualified professionals it will be Unfortunately, we're not leave. We're not leaving in a perfect world Real world accidents do happen and they will happen Number three the variation of network properties due to the erection of the cell phone antennas In fact, this has been manifested in a number of situations. For example in a lawsuit 1996 in the lawsuit against new york power authority Had been reported in mainstream medium. For example in new york times back in 2010 And also academic research publicly for example in the article published in 2005 In the pleasure of juneau saying that the the property could be varied But up to 20 percent are next to emf facilities cell phone facilities The planning commission argued that we cannot use this Referred to this city ordinance section to argue for this diversion process We respectfully disagree. We look at there were a copy this thing right here Okay, that the legation contained hearing are designed to protect and promote public safety community welfare and the athletic quality of the cities and We understand this thing is a community welfare to include the protection of of property value Notice that the part the the planning at the planning commission also acknowledged that the court The courts appear to recognize property values as a potentially legitimate consideration in regulating the siding of wireless facilities And I think there's a very very strong legal precedence in this regard In region number four the noise pollution In fact, noise level was several antennae harms and on site maintenance had been cited repeatedly As reasons to keep these cell phone towers out of this thing so area so The planning commission did as I might say he did they dig a study and management noise level at the corner of Costco terrace and high streets A toxic spot every single day on my way Public is heavy and noisy significance person to this is meaningless After a very noisy environment, he said the last thing seemed to contain that what that means. There's no number involved What's the decibel in case in this case More noise will be generated when the wireless remember the the wireless container will require access to maintenance 24 hours a day 365 days a year and the maintenance typically down at night It will bring trucks with a lot of stuff or a little lifts radios lights And these single propagates along all directions They will impact the neighborhood immediately and this impact will be more significant during summer night Only have our windows open So the noise pollution is real. It's not fake Therefore this commercial activity should not be allowed in the less than so neighborhood number five is invasion of personal privacy We look at this picture right here. Okay. This is a picture This the proposed antenna site and this is the house next to it And you can see the only way the only thing separating the house the back room from the antenna is a glass window Big bags this summer sitting on top Doing the repairing work on the antenna to easy to see through the back room in the next door on the neighborhood In addition when they're doing emergency repair They don't have advanced notice and that means the bathroom were exposed to the work at any time of the day Number six is the visual nuisance and obstruction of view We have been living in this neighborhood for 14 years my wife and two kids We pay top dollars for this house because there's a nice open view on the second floor With this antenna sitting on top right here the antenna is four feet tall You will be eyesore to my house properties It will devaluate my house as well And this is another thing that with a with the antenna next to the house You're going to create problems to have a negative impact or the property evaluate Number seven is about the radiations In the application they incur a lot of numbers Okay, but it failed to incur the situation where in the different during peak uses of the cellular services The back room on the second floor might be exposed To a radiation that might exist the profit or exposure limit In addition in the calculation that not taking into account the baseline radiation level coming from existing Services existing antenna existing towers in the neighborhood, okay In addition The calculation based upon nominal data sheet coming from the antenna manufacturers And we know that in real case To real any any real antenna always have deviation from this nominal data And that means the real in the real situation the radiation coming from the antenna could be existing The public exposure limit Yes, in other words, there's no the application is not taking into account the worst case scenario in the calculations So because of this series Because of these serious issues we hear about respectfully request the city council to revoke the approval of this project cp 17 0091 At least moving to a location that's safe for the for the neighborhood Okay, actually indeed the city has the authorities to do so and look at section 24 12 14 15 The city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter including but not limited to requiring the redesign or the location of I say that they talk about two different alternatives one is basically this few step away from the existing the proposed side The other one kind of they argue that too far away from the location. I don't see any loss now Are having these two alternative sides They are plenty in between these two points when you look at the map. I think we're all smart We will put our smart minds together. We should be able to find a spot That's good for everybody. They will make everybody happy Finally, I recognize in the section 24 12 14 25 It says the wireless telecommunication facilities are prohibited within 1000 feet of any public elementary school I interpret this as a measure to protect our children We have a lot of children. We have a lot of the large number of school children living in the neighborhood including two of my own They should be protected too Understand the city will receive $1500 a year or by for lease or one streetlight I do believe the well-being of the citizens the well-being of our children is worth far more than $1500 a year This the main reason this only reason I'm here tonight To do everything I can to protect my family to protect my child And I hope we do the same thing as well Thank you very much Thank you, sir At this point opponents or the responding applicant will have 15 minutes to speak and present evidence. Is there someone? From the responding applicant that will plans to speak now Good evening, mr. Mayor members of the city council. Thank you for your time Michael shana felt a legal counsel for crown castle. I'm here to present sort of an overview although it's hard to Really improve upon the city attorney's presentation and that of mike fairy. They did a very thorough job But I would like to sort of maybe highlight some of the things that are very important that you should We think you should keep in consideration for this application I also want to Tell you that we have a pretty good team here of resources if you have specific questions Being a lawyer i'm probably not going to be the best one to talk about technical things or engineering Or radio frequency, but we have a team here who can speak to the significant gap in some technical detail We have a team here or an individual here who can speak with respect to health effects While we understand the federal law precludes those from consideration We also understand that the community has concerns and we would like to be able to address them anyway um One of the things that the city attorney discussed were a list of what federal law is is is Doing with respect to the level of discretion that local boards like you local Uh government can have over applications like these Some of the some of the limitations imposed also by state government But one of the things I think that really needs to be understood sort of at a higher levels Why these are why these uh constraints are in place? Why is this not a normal situation like for instance a regular land use case regular c up case it's because This is telecommunications Technology for the 21st century. This is going to be replacing land lines Uh very soon as a matter of fact as my letter of december 22nd 2017 makes clear Uh these facilities um now provide Uh telecommunications basic telecommunication services for um over 50 percent of households in the nation That number is increasing by the month Uh so that this is the sole basis the sole uh source of infrastructure for just basic Telephone telephone communications Now as the uh years progress we will we'll see probably land lines fall by the wayside completely Without these facilities there will be no telecommunications service and that goes to basic 911 calls And these wireless devices Make up 75 percent at over 75 percent of the 911 calls that are that are connected Um throughout the nation so it's not just a factor of of communications and basic You know Technology from that perspective, but it's also health safety and welfare being able to have a robust and reliable Telecommunications network so that 911 calls can be at adequately addressed Um on that front too Um that's why the telecommunications act the federal law has put some prescriptions on local control That act was signed in 1996. That's when the telephone companies were deregulated We used to have incumbent carriers before that 18 t etc. And it was kind of they always went to public works to put in their polls Now there's a deregulation and uh the polls and lines are going away. They're being replaced by these So this is critical infrastructure. This is critical infrastructure like your sewage water or any other kind of critical infrastructure And that's what crown castle deploys. So it needs to be thought of in that way and for that reason the state legislature itself even urged Local governments to remember that these are not just a matter of municipal concern, but also statewide concern and there's a quote in my Right from the legislative declarations of government code Section 65964.1, which was very recently enacted and I will just read it It says quote the legislature finds and declares that a wireless telecommunications facility has a significant and economic impact in california And is not a municipal affair as that term is used in section five Article six of the california constitution, but as a matter of statewide concern So essentially the federal law is designed to keep networks from stopping at the border of for instance one state Robust for instance a robust network being built in one state and then the adjacent state maybe has tougher Strictures or regulations and you've got a patchwork quilt of a network nationwide And in the state with respect to the state of california state legislature They don't want that happening on a city-wide basis where for instance you've got Pasadena Has a great network, but it ends at the border of alhambra or something of that nature. So the local Control is important as the city attorney pointed out, but it also has some constraints and that's This is why would they these constraints are in place as for this particular facility We like to use street lights. We and that's to avoid the need to install new vertical infrastructure There was concern many years ago about a proliferation of poles in the public rights of way If every carrier is going to stab a new pole So we looked to existing Poles street lights that are already present so that we're not creating a net increase in in poles This is a pretty nice structure or facility because it's a streamlined canister on top of an existing street light We it is also in the median so it's set sort of buffered away from immediate adjacency next to homes We scouted out this location very thoroughly The constraint that we have here is that das networks distributed antenna networks have fairly small Radiuses that we're they're designed to address. This also goes back to years ago when we used to work on monopole sites That I think Mike fair reference monopoles monopoles and macro towers Frequently I would hear from city councils that they didn't like the size of those facilities They're large looming facilities and the call to us was always make the technology smaller That's what we've been doing and in some 15 years later. This is as small as it gets This is the technology on its cutting edge We don't see the tech. We're not really putting the towers in as much anymore. They're still there But they're not sufficient for addressing 21st century 5g technology communications So We're reducing the size of the poles the networks through this technology This is about as small as I said as you could get and we're also utilizing existing poles so all in all a very Minimally intrusive design and going Around getting outside or moving too far field of this is is very difficult to do because of the small radius that we're trying to address Das networks are kind of like chains and a link Or links in a chain links and chain So each each node is a link in a large chain Whereas macros used to beam over a large area now we fill in the gaps through through the links in a chain and if one link Is not sufficient or robust enough The chain tends to suffer the under the integrity of the network as a whole and this is just one link in that chain again it's a very uh it's We take the concerns of the citizens out here very carefully, but we can't make these disappear We can't make them invisible we where we can we try we put the equipment underground But as for the antennas they have to be line of sight because this is They're broadcasting a signal So we think this is a very good The best at least intrusive means of filling what has been demonstrated to be a significant gap here Both in 700 and in the higher and the other bands Morgan hunt is our radio frequency engineer who can answer specific questions about the significant gap and I've got other members of the team here if you need if you need their Input aside from that. I'm happy to answer any questions you guys have Thank you any questions Council member chrome are there was there a priority list when you came up with this particular site like what was wrong with the others or Was this the only one that would work? Yeah, we we rule out anything that would be more visually intrusive that we would suspect would be More visual that would require for instance the installation of a new pole that might For instance increase an existing pole to a To a significant degree this one didn't Some of the other sites that were outside the search ring against a small search ring because there's a small technology These are low power antennas and they only reach about You know, maybe a couple blocks as far as the radius So anything else that we looked was outside that ring and this was the best location It's again, it's in the middle of the right away an immediate and it's set apart set away from the homes Yes, it's visible But again, if we could make these invisible we would do it. Um, that's just not technologically feasible So this is the least intrusive technologically feasible means of filling that gap that we found and Not to get personal but politics is personal. Um, mr. Chen referenced his line of sight and Fact that he has two kids. Um, would you have no Compunction or any worries about living across from this pole? I I live very close to poles Already, so yeah, they're these are in residential areas And I already live close to them and they are visible. Um, yeah, so that's not a compunction As for concerns about radio frequency health Uh, we you know the science and the data Demonstrate that these are well Significantly below what the FCC has determined to be a threshold, which is already very conservative threshold for health safety These are designed to be Very low power and so no concerns Uh in that area, but we also can speak to that. I don't want to dismiss those concerns out of hand either Thank you an expert for that councilmember chase Could you articulate for me that um held the significant gap was determined? Sure And I think I can try and then I'm so I can set it up But morgan you may want to come up here and and sort of discuss that Matter of fact, I think I'll defer to morgan who is our radio frequency engineer Hello, my name is morgan hunt. I'm an rf engineering manager for crown castle And uh, so yes the uh, sudden The existing coverage map that um mike showed in his presentation uh shows uh, that was determined by Uh, physically measuring the signal drive testing in a car driving the streets In that uh in the coverage target area Which includes uh this particular site um It was physically measured So I guess I'm I was a little confused about some of the maps because some of them showed yellow I I guess I was confused in the series of maps that showed The strength of coverage, so I don't know if you could address that Uh, we're putting those images back up for you. You can see this two different frequency So it's the amount of frequency. Yeah, that's right So there's there's two bands or frequencies of interest that that's being utilized in 700 megahertz band has a different coverage level than 2100 megahertz And there's actually a more existing coverage. So you could see That there's a more there's a more yellow and green than the 2100 where it's Basically not existent in that band right now Did I answer your question that answered my question Just to follow up on that like what what's the difference between poor coverage Equals gap in coverage. Is that I mean is poor coverage coverage or is is gap in coverage? No coverage or poor coverage poor coverage is is adequate for outdoors and on street Good coverage is good indoors provides in good indoor coverage Thank you. That's especially helpful Are there any additional questions? This is our public comment period How many people in the audience wish to speak to this item in the public comment period? You okay, you'll have two minutes if you'd please line over to My left, you're right and we could begin for speaker for speaker You all have two minutes Yes, my name is drew lewis On number three of rules and procedure for conduct city council business It says be honest and truthful. I think it'd be honest and truthful to Mention that these federal law procedures for health concerns Are based on the telecommunications act, which basically is written by the telecommunications industry So that's why they prohibit us from talking about health and safety Concerns because there's been many studies since the 1950s showing serious health adverse effects The many city staff are all good at citing sections of the telecommunications act written by the telecommunications industry And city governments from protecting us all from known radiation You may be protecting your job and benefits, but now we will all You I and our children will suffer and pay dearly when this increased radiation exposure affects the vulnerable population I encourage you to resist Because this our lives depends on it and and I like to mention here Here is a publication by all the corporations that do wireless Verizon his Mentioned to their stockholders and it says I quote we are subject to a significant amount of litigation Which could require us to pay significant damages or settlements our wireless business also faces personal Injury and consumer class action lawsuits relating to alleged health effects of wireless phones or radio frequency Transmitters and class action lawsuits that challenge marketing practices and disclosures Relating to alleged adverse health effects of handheld wireless phones We may incur significant expenses in defending these lawsuits in addition We may be required to pay significant awards and settlements I think this is only the tip of the iceberg that we're looking at this is going to open up like a rotten watermelon. Thank you Thank you, sir If those that are waiting in line as you come up if you'd please sign in as well, sir, if you haven't already and next speaker Thank you for this opportunity to speak My name is Jim Warner. I live on the west side 400 feet from the closest cell tower I work at UCSC, but these opinions are mine I'm also on the leadership team of the central coast broadband consortium A group that promotes installation of all forms of broadband services UCSC has 10 Verizon sites on the campus 13 team mobile sites Six sprint and 11 from AT&T All were installed started starting in 1995 by next g So the university's experience with DAZ is a lot more than two years. It's more like 22 um Now through the the sites were installed by next g and now Through acquisition managed by crown castle as part of my work I review plans for proposed changes in the cellular infrastructure and help resolve problems with coverage I've reviewed the plans to enhance the Santa Cruz coverage And I want to commend the planning officials for their diligence in shepherding this excellent project The one point in the appeal that I wanted to address is that I have a somewhat different view of what a coverage gap is And it's based on the california public utilities commission has standards for what Coverage is either served underserved or unserved and the cpuc Sends guys around in trucks to measure broadband at 2000 locations Every year in the state and generates broadband coverage maps and essentially all of santa cruz is underserved and so the area by By virtue of an expert who is not employed by Verizon is believed to be underserved and that to me says coverage gap So thank you very much. Thank you, mr. Warner Next speaker, please Evening everyone. My name is peter tomson. I work for qualcomm a small company dealing with telecommunications and i'm actually privy to some of the Testing that we've been doing specifically for cell phone towers and for mobile phones And having carried around cell phones for the last 20 years You're actually much more trouble holding your phone right up to your head than you are from the cell phone tower Honestly, there's a lot of nimbyism here and a lot of scare tactics What we need to do is Remember we're in a university town We should be looking at the facts That have been discovered rather than saying. Oh, what may happen? What will happen? No, let's see I mean you guys have done a great job. I've really appreciated it. You've done a good job Investigating the aesthetics of it Honestly, if you saw the trucks that were parked at that house before that picture was taken This is an improvement That's all I got to say. Thank you. Thank you sir next speaker, please Good evening. I'm catherine herndon. I live in santa cruz. I'm sorry. I this is the result of a cold I had Um I just want to say That I support the appellant I do not want to be covered.  I mean, I'm sorry. This is all corporate propaganda I reject the premise On which they base The need the so-called need for this for this industry Cell towers and cell phones rely Fundamentally on electric power on electricity Telephone lines do not land lines don't need electricity to operate So, you know the idea That you have to have cell phones to have emergency services Is ridiculous and outrageous This is dangerous technology that we Some of us think we do know enough about But a lot of people don't know enough about Please reject This corporate takeover of our public right of way. Thank you. Thank you ma'am next speaker, please It's time. My name is gary curry and I'm a part of I guess, you know the homeless community and I have Filled out a lot of applications using the internet and a lot of times I don't have access to a computer because they're either being used at the library or Can't get to a friend's house. So it's good to have a device On me. It's also good to have internet, you know, as a furniture trying to receive emails or send an email Watch a tutorial video on something that could make me some money Anything I mean, I need strong internet and I can usually only get the internet if I'm at a coffee shop Or if I'm inside the library and it's really frustrating because I'm not always allowed in these places, you know There's a lot of judgment.  So I understand that there are people who have already, you know progressed in life or who have already made it Have already, you know bought their properties and have their families and don't need to worry about You know using the internet I'm trying to be a part of the corporate world and not be a homeless degenerate like, you know Only wants to make me look So I would prefer if you guys definitely installed something that would make the internet move a lot faster Thank you. Thank you, sir. Next speaker, please Excuse me, ma'am, would you pause pause for a second? Can you move the microphone so that you're speaking into the microphone? Thank you Can you restart and yes It's not restarting Well, you started we're giving you time from there And so one fact I want to mention is like the area the the furthest area they want to cover is like If I assume it's about a thousand feet and the strength of the radiation in our house Is easily can be 400 to a thousand times stronger than that Covered area where the signal is still strong. So that's just one fact I want to say and what I think there should be some alternative ways to put that in a safe place Which has less impact on people's life and as a mechanical engineer With a phd degree in fracture mechanics What I want to say here is about the safety issue the the health the health hazard Because failure can be an oh no failure Can occur in all designs and structures even with the most strict regulations by federal governments such as aircrafts and we know that the For this proposed structure and the attachment part is a very weak point And my daily work is actually to evaluate the reliability of different kind structures And this structure is very weak and there's potential of a lot of fillers and risks post Because of this design and also like when you when you say you're going to do the inspection by the Structure and all those things. What are you going to ask them to inspect because it's going to be attached to the existing structure Which has a lot of potential issues after After years of usage and the exposure exposure to different kind of environmental conditions such as there could be internal cracks There could be defects. There could be like corrosion and all those things Britain is harness whether it's suitable to be to to have an add on it Thank you, ma'am next speaker Good evening. My name is Dan Aldrich. I live at 101 Donna court I live down about 110 yards from where the cell tower currently would be placed I would like to indicate that I appreciate the work that has been done by the planning commission and others But at the same time, I don't understand. There are multiple sites. There was referenced another site that was out I don't understand where the cap Would be because if you look at the total map The map would suggest that the new site that is being proposed is at the edge rather than more central to that Which is the area in which there was a gap that's there. I don't understand that number one number two Is if you look at Nobel there's an L and there is water collection right at the point Okay of where the water comes down and where you're going to put that new box Okay underground there is going to be water accumulation because I get up there walk up there run up there used to run up there And you will find when there is rain water collection there So you're going to add additional challenges to your siting there if you ever walk there and been there in a ring storm So I thank you for this appeal and I hope that you will consider Denying Thank you. Next speaker Hi, my name is glenn chase. I'm a university professor of environmental economics I'm an expert in environmental toxins. I've taught in eight countries in the world And of course, I've taught here locally. I've taught at the naval postgraduate school and I have extensive background I've been in the laboratory with the EF emf radio wave frequencies all the different words that relate to this As a city council, you can't take my word or people's word even if you believe there's a problem You need A government health department or at least a significant reputable corporation To come out with new information since 1996 the FCC and in other countries where I've taught and lived and Testified I've seen now the balance is changing. They had equivalent FCC's and the courts are standing up against their FCC's Well, better than any individual corporation I have the most relevant industry that exists the insurance industry will no longer ensure Companies that transmit radio wave frequency radiation just on you can google this. It's not a special document, but I will give it to you insurers exclude risk associated with electromagnetic radiation Insurance no longer covers electromagnetic Radiation Lloyds of london excludes liability coverage for harm from rf With this information from the insurance companies who won't cover This company that's here today That now stands up against 20 year old FCC information in countries around the world And if your heart is into doing the right thing I'm not a lawyer, but now you have the impact these people have never been in a laboratory as I have They're just repeating what they've been told So uh I'm going to give this to you can pass it around it also has the FCC doc the securities exchange document Where verizon admits the problem and it has some others, but the main thing is insurance comes So if you let them proceed last finish my statement I'm allowing someone that can't get liability insurance for the product that they're putting on the polls in your city Thank you. If you hand that to the clerk, she'll hand that out to us next next speaker. Please. Thank you Hi, my name is linda pierra I'm A flight attendant with a major carrier for the last 32 years And I vote So I want to actually I second so many of the things that have been said here I should also add that I live at 329 no bell drive just down the street 50 yards from The location of this tower from my second story I will be in the line of sight as well as some of these rf transmissions that are Emitted from that second story. They don't go down to the ground level. They emit from that level where the antenna is But I'd like to offer a little bit of back history on the no bell drive Median strip. Maybe some of you are familiar with this, but maybe some of you are not We bought our house in 99 and within a few years The no bell drive and the woodrow project got underway where we had some trees that were diseased They took them out. They wanted to I mean the median is there to slow down traffic because it's a large street So the idea was to beautify it So back in maybe early 2000s A tree project came along and I was at that meeting back in the early 2000s where we voted on The jacarandas and the cork oaks that were to be put into that project and I spoke with leslie keedy today She confirms that there was 80 000 dollars Allocated for that project. So that happened and they had to Along with george linguist. They had full irrigation put in backflow sprinklers New box-sized trees were Installed woodcloth and a grass a low drought tolerant low maintenance drought tolerant grass which Ended up being ineffective because we had workers come there every two to three months weeding. It was absolutely insanity So the grass got pulled out and four years ago More money was allocated for this project to the tune of 25 000 dollars where they redid the drip system need weed fabric boulders mulch and plants were And and and drought tolerant plants. So my point is I don't understand how this tower and this underground facility with the water Is going to be congruent with the beautification project that has been you can actually Submit your comments if you'd like to put your written comment to hand it, but thank you for your comments next speaker, please Hi, i'm silvia skeppich. I'm a resident of the city of santa cruz on kayuga street What dr. Chase says leaves the liability in in the city's hands if there was ever lawsuits and the lawsuits were not covered Because you guys are complicit in getting this Radiation, but that's not what i'm here to talk about When I first heard miss chen talk about her peak of the ocean being obliterated with this Tower and the moderate rise that is within like limits I thought that is putting her particular property their particular property At a devaluation which is a different scenario than property devaluation from cell towers in general or or das antenna in general So um when a neighbor i'm going to just read because i wrote some notes here When a neighbor needs help either from large corporate entity devaluing their property by Obscuring the only peak of the ocean from their bedroom window as previously stated or for any other reason I consider it my duty as a neighbor to come out and support of them Interestingly the role of government is to look after the rights and protections of the people as well I understand the legal and financial limitations that the city is in with these negotiations However, I ask the city council members to reverse Your historical stance and waving in the telecommunications companies and denying the people When they have a specific need There is such a thing as the letter of the law All parties involved in these negotiations are well aware of the legalities and the the stipulations But part of the legalities is you cannot devalue a particular property with something that the telecommunications does And their peak of the ocean being completely changed Is is by the letter of the law not legal if they decided if you if they decided to create a lawsuit over that It's my opinion based on my consultations with people who bring things to litigation that they would win Those are my main points. Another thing is that the reason why the telecommunications cell is so big I cannot get a landline on kayuga street. It is not supported And I can't use a cell phone either. So my parkinson's dad, I have my phone off that night I can't hear if they call from the hospital. Thank you, ma'am Sir, you're our last speaker Okay, ma'am. You're our last speaker. So you can begin Yes, hi, uh bruce tanner I think that we're facing A literal holocaust from the effects of the microwave technology in particular The effects of it are going to be increasing Geometrically over time the council for castle crown castle mentioned that They're interested in putting up 5g technology 5g technology The top frequency is 90 gigahertz. That's 90 billion cycles a second. There is no precedent for the exposure Of living organisms to this kind of radiation We don't know what it is and none of the frequencies have ever been tested by the industry The industry has created a situation where there is Just a general concession to the ongoing march of this technology 15 years ago nobody had a smartphone and somehow we managed to struggle on but now When they talk about the gaps they're talking about Gaps in extreme wide band speeds for these mobile devices for video and things like that Do we need this? Is is there a cost benefit tradeoff for this? When they turned on 4g technology around the world There were many people who were literally incapacitated the day that that was turned on They have done testing on people who are electrosensitive and on people who are not And they've found that the people who are not electrosensitive have exactly the identical biological responses that the electrosensitive people do The effects of emf radiation are cumulative. They build up Toxic in the system and they eventually overcome people Thank you, sir Miss Garrett you're our last speaker I was gonna say I want to encourage other people who came and haven't spoken to Speak the main problem here is the corporate power Stranglehold over any semblance of democracy And here we have the telecommunications industry Who portray themselves as gods to bring us coverage? We never communicated, you know Before the telecom industry came here with their microwave radiation Our ancestors didn't communicate. We didn't talk to each other until I mean, it's really ludicrous You have been given this before Neurobehavior symptoms near cell towers. I'm not I can give you another copy in here. Also, it shows how the bird deaths Mortality around cell towers is in the the millions Each year and much of it is not just from crashing into the towers It's from the radio frequency radiation. You have that document. You have the fact that the FCC Violates their limitations All the time and I want to also leave you with a copy of the former county health officer Dr. Nam Khan who did a report on health risks associated with smart meters and other technologies And she says and also I resent that you give everyone two minutes instead of three minutes Probably had thousands of hours with the telecom industry all the time In summary, there is no scientific data to determine if there is a safe radio frequency level Regarding its non thermal effects the question for government agencies is that given the existence of existing and potential harm Should we err on the side of saf