 meeting is being broadcast live to the public. The meeting will start shortly. Thank you. I'll try not to be like the school board in the East Bay. All right, everybody, welcome to our February 23rd City Council meeting. Madam City Clerk, do you want to call the roll? Council Member Tibbets. Here. Council Member Schwedhelm. Here. Council Member Sawyer. Here. Council Member Fleming. Here. Council Member Alvarez. Present. Vice Mayor Rogers. Present. And Mayor Rogers. Here. Let the record show that all council members are present. Great. Thank you so much, Dina. So we'll start with a little bit of housekeeping today as just a reminder for council members to please keep your audio on mute unless you're speaking. Council members, other than myself, can unmute themselves and mute themselves. Staff will remain muted until needed to speak. And as members of the public join the meeting, they'll be participating as attendees today. That means that their microphones and cameras will also be muted. Only today's panelists will be viewed during the meeting and during the particular presentations that we have. If you're calling in from a telephone and choose to speak during the public comments portion of today's agenda, for privacy concerns, the host will be renaming your viewable phone number to resident and then the last couple of digits of your phone number. The City of Santa Rosa is committed to creating a safe and inclusive environment free from disruption and will not tolerate any hate speech or actions. And we will be monitoring that everyone is participating respectfully. Otherwise, folks will be removed. Now, Madam Deputy City Clerk, could you please explain how the public will best be able to participate in today's meeting? Thank you, Mayor. After each agenda item is presented, the mayor will ask the council for comments and then open it up for public comment. The Zoom host will be lowering all hands until public comment is open for the agenda item. Once the mayor has called for public comment, he will announce for the public to raise their hand and if they wish to speak on a specific agenda item. If you are calling in and listening to the meeting via telephone, you can dial star 9 to raise your hand. The mayor will then call on the public to raise their hands one by one. Public comment will be limited to three minutes and a timer will appear on the screen for the council and the public to see. Once all live public comments have been heard, the meeting host will play voicemail public comments. If you provided a live public comment on an agenda item but also submitted an email, e-comment, or recorded voice message public comment, your email, e-comment, or voice message public comment will not be duplicated, read, or played during the meeting. Additionally, there are two public comment periods on today's agenda to speak on non-agenda matters, items 13 and 17. This is the time when any person may address the council on matters not listed on the agenda but which are within the subject matter jurisdiction of the city council. Thank you, Mayor. Thank you so much, Madam City Attorney. Is there any report out from our closed session? Yes. The council met in closed session on item 2.1 and gave direction to legal counsel. Thank you. Excellent. Thank you. We'll move on to item number six. That's our proclamations and presentations today. We have one proclamation. It's for Black History Month. The recipients of this will be the Sonoma County Black Forum board members. And I have got a number of them who I think are in attendance. And Madam Vice Mayor, I believe that you will have this item. If you'd like to read the proclamation and I know you have something a little bit additional as well to read afterwards and then we'll do public comment after that. City of Santa Rosa proclamation, whereas the Harvard train historian Carter G. Woodson along with other members of the Association for the Study of Negro Life in History established Negro History Week in February 1926 to create and popularize knowledge about the Black history. And whereas since 1976, every U.S. president has officially designated the month of February as Black History Month, a time in which we honor the work efforts and achievements by Black Americans and recognize the central role of Black Americans in U.S. history. And whereas the Sonoma County Black Forum is a hundred, 100% volunteer ran 501c3 that is committed to providing quality programming for Sonoma County youth. And whereas the Sonoma County Black Forum was created to help shape the intellectual discourse and dialogue to consider the African American experience to support local youth and the Sonoma County community by creating opportunities to train, learn, develop 21st century skills and foster agencies in Sonoma County and the surrounding Bay Area. And whereas this group collaborated with the Sonoma State University Black Student Union to host the 2018 African American Youth Summit funded by the Community Advisory Board's Community Improvement Grant program. And whereas 65 Sonoma County Black youth were in attendance and participated in a panel discussion, a college and career fair, a campus tour, workshops and presentations on college and career readiness, financial literacy and introduction to coding and an opportunity to learn about historically African American Greek lettered fraternity and sororities and leaders inspiring fruitful tomorrow lift and programs of tomorrow. And whereas the Sonoma County Black Forum has provided food to communities in need during the COVID-19 pandemic by hosting three food distribution events which serve 1,165 people in Sonoma County who do not have access to traditional food safety nets and plan to hold at least five food distribution events this year along with an urban gardening series and addresses gardening in small spaces and growing fresh foods. Now therefore be it resolved that I, Chris Rogers, Mayor of the City of Santa Rosa on behalf of the entire City Council recognize the Sonoma County Black Forum and their contributions to this Santa Rosa community and do hereby proclaim February as Black History Month signed by Mayor Chris Rogers today, February 23rd, 2001. Thank you, Madam Vice Mayor. And I think you're just gonna keep going, right? Yes. This poem was written by a youth in our community. To the boy who hates his skin, to the boy who hates his culture, to the boy who hates where he came from, to the boy who hates himself. You may not realize you do, but it shows. It shows in your preference in girls because you say you would never date a Black because you are, they are too ghetto and you always claim it's just your preference. But I bet you didn't realize every time you say that your sister dies a little more inside, it shows in your interest because you believe that your opinions and their history is the only thing we learn in school because they were better anyways. And your parents hang their heads low because they know they should have taught you better. It shows in your fashion because you think chains and braids are ugly and too unprofessional. So you wear Beatles t-shirts and tight khakis. You wish so much to be like them, lighter skin, finer hair, a history to be proud of, but I want to tell you something. The fact that you are here is a miracle and we would be proud and you should be proud of that. Our history was not taught correctly in schools. Yes, we've survived the triangle passage, years of slavery, messed up gym pro laws, brutal treatment, and harsh unjust conditions for centuries. But even with all of the struggle, we managed to flourish and at the top of our lungs scream that oppression does not define us. There are so many phenomenal black people that have changed history that you refuse to get to know. They stole our African culture and roots from us. So we plated our own roots and created our own culture. They stole our freedom and stole us from our land. So we fought and died for freedom in theirs. We are still oppressed and we cannot stop fighting, but I just wanted to say to the boy who hates his skin, how could you, how could you not be proud of us? Thank you. Thank you, Madam Vice Mayor. We will go to public comment on this. I see Miss Woods has her hand up. Hi, my name is Nzinga Woods and one of the co-founders of Sonoma County Black Forum. We'd like to take this time to say thank you for the proclamation. We also just like to say that we accept this proclamation for this honor for the community members and we stand on other communities that have served before us. We have the Black Panther Party and we also have the NAACP that established food programs and community programs that again support community in their time of need. So again, we are honored to accept this this proclamation. Thank you so much. Great. Thank you so much, Nzinga. Do we have anybody else who'd like to speak on this item? We've got Regina. Regina, are you able to unmute? Okay, sorry about that. Got a little bit of feedback there, but we can hear you. Okay. Yes, my name is Regina Brennan and I echo everything our Chair has said in Nzinga Woods. I'd like to let everyone know that that's Sonoma County Black Forum. We are working diligently to build and sustain and engage inclusive and informed Sonoma County. We absolutely appreciate the recognition that you have bestowed on us. So thank you very much. Now thank you for being here, Regina, and thank you for everything you do. So anybody else who'd like to speak on this item? Great. I will bring it back to council. Any last thoughts from the council members? Madam Vice Mayor? I just wanted to say that I had the pleasure of getting to know and meeting many of the members of the Sonoma County Black Forum and they are doing so much in the community and it's such an honor to get out there and work with them. So if anyone has the opportunity to catch one of their hood drives or any of the other activities that they're doing in the community, I would say do so. It is so, it's just, it's so great and wonderful to see the spirit that comes with this organization's willingness to serve our community. So great. I'd love to do that. I know other council members would as well. So hopefully we can make that happen. We'll move on to item number seven, Mr. City Manager, staff briefings. There is no 7.1, no COVID response update this evening. So we will go to 7.2, glass fire recovery update and I will turn it over to Paul Lowenthal, Assistant Fire Marshal. Good evening Mayor Rogers, Vice Mayor Rogers, members of the council. My name is Paul Lowenthal, Assistant Fire Marshal. We took a pause for the last couple weeks and are here tonight on behalf of the glass fire debris and watershed task force, which essentially function as a recovery team and truly a team approach over the last five to six months now. So starting off with tree removal, the Cal OES tree removal program has officially started this week. PG&E has also continued to remove their tree removal or proceeded with their tree removal activities, both in the city and county. Excuse me, city staff will be meeting with the CPUC in March to review the concerns that we brought forward on behalf of the city in regards to the PG&E practices. Also in regards to the PG&E meeting that we advise council of that meeting has been canceled and would potentially be scheduled at a future date. For debris removal, both the private and the state debris removal processes are proceeding smoothly and at this time. If you recall, we had a number of properties that were denied by the state's debris removal program through FEMA. Basically, they were not included in the program because they essentially weren't reduced to ash because they had standing walls. They were not eligible for the program. So that appeal was successful that we filed with the state and we were happy to be able to provide that good news to a number of our residents in Santa Rosa. We're down to only two properties that have yet to pick a program. Technically, those now fall underneath our abatement properties. Believe it or not, that's good news for the relatively small number. We're making good progress and helping them along the way and coordinating those efforts with Adam Abel out of the city attorney's office. In addition to the state's program, we currently have 16 private debris removal cleanups that have been issued and seven of them are already done and certified clean and ready for rebuild, switching gears to the Skyhawk open space. Staff are getting close to announcing the reopening of the area. Jeremy Gundy, our deputy director of field services, advised the task force that the erosion control measures are in place. They're finishing up repairs to both the stairs and the walking trails. The footbridge will remain closed, but with all the work that's been completed, it will allow us to open that open space back up soon. The communications team through Agent Merton's has done a tremendous job providing updates to our fire survivors and community residents in and around the glass fire burn area. They'll be scaling back on their outreach as a lot of our issues are winding down, but the opening of the open space coming up, that'll be one of the important milestones that will be highlighted in their next update. Jesse Oswald, our chief building official representing PED, announced that our first rebuild permit was issued from the glass fire. So that was good news. An example of the service that's being provided to the glass fire survivors, similar to what was provided during the tubs. So in this case, the permit was submitted, took four business days to do the first review. There's a resubmittal from the design team after six days, a second review four days later, and ultimately the permit was issued in only 15 days. We have an additional permits that have also been issued for a number of the properties that were damaged by the fire, but not destroyed. And then finishing with the watershed task force on February 17th in response to a number of inquiries we received from Oakmont residents, both regarding fire damaged and undamaged creeks. The city held a virtual meeting to support the Oakmont Firewise Committee to plan to manage their creeks for fire safety. The city provided residents of Oakmont with a panel of experts that included the fire department, transportation and public works, stormwater and creeks, as well as regulators from Fish and Wildlife, as well as North Coast Regional Water Quality Control Board. The focus of the meeting was what activities can be done to protect the creeks and the homes adjacent to the creeks while understanding the needs of the regulatory agencies and any permits required. It was a productive meeting, an example of our continued outreach and engagement with our community following the glass fire. And that is it for our update for this month. Great. Council, any questions for Paul? Madam Vice Mayor? Sorry, Mayor, that was still up. All good. Great. Thank you so much, Paul. Next is 7.3, Tubbs Fire Recovery Update and Jason Dutt will be leading us off. Thank you very much, Mayor and Council Members. I'm Jason Dutt. I'm the Assistant City Manager of the Operations and Transportation Portfolio and the Director of Transportation and Public Works. And I'm excited to be able to provide you with a quick update about the Tubbs Fire Recovery process. Following the Tubbs Fire in October of 2017, staff worked very closely with FEMA and Cal OES to develop a plan on how we will restore public infrastructure services. A week ago, I provided some information to the Council relating to kind of a high-level framework or a high-level spreadsheet that talked about all of the projects. If Madam City Clerk, if you would advance slide number two in the presentation, please. I just wanted to kind of reinforce this for the public as well as Council. This is the sphere of activities that staff has been working on since that time in 2017. There are 29 total projects that we've been undertaking with a 30th that was added at the end, which is Category Z. That's an administrative catch-up that we'll be working with Finance on through the course of the event. As you can see on the column on the right-hand side or the second one in, majority of these projects have been completed over the course of the last three years with a number of other projects that are working their way through. I thought it would be most appropriate for me to pass this off to each of the project managers for them to walk you through the specifics of projects, give you status updates, talk to you about what is coming with some exciting projects. And so I want to hand it over to Eric Rauber, Supervising Engineer, who will walk you through the general fund-oriented projects. Thank you, Jason. Good evening Mayor Rogers, Vice Mayor Rogers, and esteemed Council members. My name is Eric Rauber, Supervising Engineer in the City's Capital Projects Division. I'm pleased to present an overview of progress made on Tubbs Fire Rebuild general fund projects managed by our team. But first I want to give a shout-out to CIP Team 4 staff who are instrumental in bringing these projects to fruition, including project managers Danny Chen, Lisa Welsh, Cameron McDonald, who did a great job planning, designing, and constructing these projects through what I all think we can agree were some pretty trying times. Next slide please. On behalf of and working closely with our clients, City Streets, and Parks Department staff, our team was responsible for implementing 16 general fund projects. As shown on this slide in the following slide, nine of these 16 projects have been completed and except for the permanent Fire Station 5 project, the remaining six projects are anticipated to be completed by fall 2021 with the new fire station being completed three years later in the fall of 2024. Next slide please. Again, this is just an extension of the previous slide that shows the five remaining projects to be completed. Next slide please. Completed projects include a temporary fire station on Parker Hill Road replacing the New Gate Court 1 destroyed during the Tubbs Fire, which has in a sense returned home. The temporary fire station was constructed on the original Fire Station 5 site prior to its faithful relocation to the New Gate site. Next slide please. The Street Department project shown in this slide, including restoring street lights and excessively damaged guardrails have likewise been completed. Next slide please. In addition, several bridge decks were replaced on several walking bridges, including one crossing Pollen Creek on Parker Hill Road and at the Francis Nielsen Park, the latter of which required additional structural work to provide adequate support. Next slide please. I'd now like to turn it over to Jen Santos to describe progress on the Tubbs Fire affected parks projects. Thanks, Eric. Good afternoon, Mayor Rogers, Vice Mayor Rogers, Council members. I'm Jen Santos, Deputy Director for Parks. We'll just walk through the next couple slides really quickly to talk about an overview. For those of you that have been out to Coffee Park, it was completed October 28th last year to a very grateful and dedicated community. I think one of the biggest things here to keep in mind is this community's dedication to moving this along, keeping part of the process all along the way. We've met with them all through the design process as well as construction and the construction cost there is a little over 3.2 that was for the contract with July. Next slide please. And so we've got several tree projects going on in the city and phase one was early on in the fire recovery process and we looked at removing street trees. Mainly the focus was on hazards that might be in the right away areas and adjacent to roadways. So we looked and we removed 450 fire damaged trees in the first phase. The second phase expanded to pick up trees in the medians which are the center island landscape area in the middle of roadways as well as some open space areas and a few parks. So we're able to grab another section of trees out there 133. The final, what we hope is the final phase of tree removal in the city for fire damaged trees is we're still in the design process for that but we do have a contract with an arborist and we are hoping to have those removed from parks and open spaces as well as city owned parcels that aren't necessarily designated as parks but they're open and the trees and landscaping on them by the end of this year. Next slide please. And so the FEMA project for six fire damaged parks, this project is unique in that it actually includes six parks, those parks listed there have been converged open space, the neighborhood park, fur ridge neighborhood park, Nagasawa community park as well as Francis Nielsen neighborhood park and if any of you have been to the Parker Hill trail, that trail is where there's some photos that you can see some of the damages that we incurred there but we looked at combining these parks in order to have one larger project to complete. These are all in a relatively close proximity within a couple miles of each other and we are, it's talking about a hundred percent design, we have gone through the design process, we have a few little outstanding things that we need to add to our next permit set in order to get this out to bid but we are expecting to get this out to bid soon and then we'll start in the construction phase of this after bidding and we hope to complete it by spring of next year. Next slide. And so another really interesting project that we're working on is redway landscaping. A lot of times these little areas get forgotten but actually the park maintenance team does maintain these areas and some of them are private right-of-ways as well but essentially this recovery project picks up right-of-way areas along the redway. Most everything that's being recovered is areas that are either right out owned by the city or they are right away they're maintained by city park staff and so this includes areas in coffee park some of the images you're seeing there from coffee park as well as the entire fountain road parkway roadway area. It's a pretty, it's 13 miles of landscaping so I think that I have to remember but I think it's like six or seven soccer fields as equivalent to it's a really big project and it's a huge undertaking and we are looking at planting 30,000 plants in in the next year or two so calendar associates is working on that as part of the design and they're wrapping that up. We have worked with all the HOAs up in the fountain road parkway area as well as the coffee strong in the coffee strong neighborhood to get their input on the design and we're looking forward to implementing that this year and with that I'll turn it over to Supervising Engineer Mark from Public Works for the next part of the slideshow. Thank you so much Jen. Good afternoon Mayor Rogers and Vice Mayor Rogers and members of the council. My name is Mark Kazary I'm a Supervising Engineer for a project that manages water enterprise projects. Like the general fund summary this project shows completed and pending water projects related to the Tubbsfire. Many of the completed projects were in direct response to this disaster and included making emergency repairs to our storm drain infrastructure. So in the next few slides I'll be providing additional detail for some of our larger recovery projects in progress as well as providing some information about some of our completed recovery projects. Next slide please. Starting with our water meter replacement project which is currently in progress it replaces water meters and end points as well as any water meter projects that were damaged by extreme heat related to the Tubbsfire. The construction aspect of this project consists of replacing the damaged meter boxes and this work has already been completed through a capital project in 2019. While the project is substantially complete the official completion date will will commence with final meters being set for all of the rebuilt properties and this final step of setting meters is going to be performed by in-house staff. Next slide please. Great. Moving on to the Sky Farm A and Hansford Court sewer lift station project this is one of our ongoing projects and rebuilds two facilities that were destroyed by the fire as shown on the images to the right. This project is well underway in construction and at the Hansford Court location the contractor is completing concrete flatwork and is preparing to install mechanical and electrical facilities. At our Sky Farm A location the contractor is coordinating with PG&E for electrical service installation and preparing the demolition phase of this project. It's important to note while we're currently operating these facilities with temporary pumping equipment we are continuing to ensure that these stations meet the demands of the homes being rebuilt. Now we anticipate completion of this project at the end of this year. Next slide please. The Tubbsfire also resulted in damages to multiple water department facilities and these the damages varied considerably between 14 different locations and consisted primarily of damaged perimeter fencing and gates, electrical enclosures, irrigation piping and other equipment of these facilities. This project is 75% complete and we estimate completion by fall of this year. Next slide please. And so this final slide highlights two of our completed recovery projects. The water contamination project consisted of determining the sources of contamination, defining the solution for remediation and then continuing to ensure that our potable water supply had no more contamination. The solution consisted of a systematic replacement of water services, meters, various appurtenances and even some sections of water main. The final sampling and testing was completed in October 2019 and closeout documentation has since been submitted to FEMA for reimbursements. We've also completed and submitted for reimbursement our sewer lateral plugging project. As part of the debris removal mission contractors were to cap open sewer laterals and this is essentially to prevent debris and rainfall infiltration from entering our wastewater system. But we found that several locations were missed and so the city was directed by FEMA to cap these remaining locations. Construction of this project was completed in May of 2018. And with that this concludes our briefing and staff is available to answer any questions you may have. Great. Thank you so much Mark. Councillor are there any questions? Jack. Yeah, a question about FEMA totals. This might be more for Sean or Jason or whomever but I know you've shown us the slide before but I don't remember at the top of my head how much money have we applied for reimbursement for? Yeah, thank you, Council Member Tibbets. So far we've applied for and received about $6 million, $6.5 million in reimbursement. Now with that said there are additional submittals that have occurred over the course of the last month such as Mr. Kazray mentioned that we've submitted our paperwork for the water quality which would be about eight and a half million dollars back to the water enterprise at such time that that Cal OES issues that payment. We also recently submitted documentation for the completion of Coffee Park and the work associated around that. Many of the road projects are just finishing up the paperwork and those documents will be off fairly soon. As far as the total goes I'd have to get you some documentation moving forward as far as what we think we're going to be submitting over the course of the next month or two. I don't have that material in my hands right now and it might take just a little bit of time for us to collect. No worries I think you know if your time allows and if the mayor permits it I think it'd be great to see at some point in the near future relating to tubs just kind of a one-chart snapshot on how much money we've applied for and received and how much we've applied for and haven't received and maybe if there's an estimate of what's to come it sounds like there's a lot of moving parts involved but that that would just be really helpful or even if we didn't want to do a slide on it maybe an email but I do I do want to actually say thank you to everybody that's that's making the city whole again it was really awesome to see those photos of all the damage because I explicitly remember it firsthand with Chris and John and Tom and walking through those sites seeing Parker Hill Bridge in particular for me it was pretty just kind of odd because my mom used to put me in the stroller and jog with me there every morning when I was a baby and so seeing that kind of get completed to me during this presentation really made me feel like wow we're becoming whole again and it just made me deeply appreciate the amount of work that all of you are doing behind the scenes every day to to make the city get back to normal so really my deepest thanks thank you for that council member and I and I will work with finance to try to put together a document that's that begins to outline our progress in our reimbursement and we'll get that out thanks Jason great thanks Jason I'd appreciate seeing that as well council any other questions great thank you all so much for the presentation we'll move on to item number eight it's the city managers and city attorneys reports sue let's go ahead start with you oh sorry go ahead John I think you need public comment not uh yeah you're you're right we'll do public comment on item number seven our staff briefings there's entity from the public who'd like to speak go ahead and hit the raise hand feature and I'm not seeing any uh madam city clerk were there any voicemail public comments okay staff briefings on COVID community empowerment seven is the item number Dwayne DeWitt from Roseland please help the community be empowered on this COVID by putting more announcements at southwest community park put them in both English and Spanish there's people who are there and they would benefit from having these COVID announcements and information to help them and help our community this would also be a way for community empowerment for them to be able to spread the news to use and participate in the process of keeping our community members in Roseland as healthy as possible thank you okay that's our public comment great thank you so much all right madam city attorney item number eight thank you and thank you to to Sean for for pointing out that public comment on the department um so tonight I was going to or this afternoon I was going to give you a brief update on the Sonoma County COVID-19 eviction defense ordinance amendments I did um a couple weeks ago give you I alerted you that the Sonoma County Board of Supervisors was going to be considering amendments to their eviction defense ordinance they did take action on February 9th and so I'm back to to give you an update of of what their decision was so next slide I'll be before we get into the the substance of the new ordinance amendments we do have to address the early council agenda policy um and uh as I mentioned um our the Board of Supervisors took action on February 9th in adopting the amendments to its ordinance our preliminary agenda however was published about five days earlier on February 4th so obviously we were not able to put the item on to the preliminary council agenda um our new uh the new county amendments uh do state that they are intended to apply within the city of Santa Rosa so it does affect us directly but the as I say the early council agenda policy precludes discussion of items that are not on the preliminary agenda unless the council finds good cause next slide good cause requires a finding by the council that as a result of exceptional circumstances beyond the control of the council compliance with the nine-day notice requirement would impose a substantial burden on the city's ability to conduct its business or result in prejudice to a private person um you'll know I did read it as it is currently written the policy of course our new open government ordinance requires a 12 business day notice requirement we meet neither one of those so we will need to ask the council uh if it finds good cause before we get into the substance of the presentation and it does require uh and with all council members present it requires five affirmative votes to move forward okay great uh I will before I go for a motion from a council member I'll take public comment on that question on whether or not to add this to the agenda not seeing any hands uh madam city clerk did we have any recorded voicemail comments no we had no recorded voicemail public comments on item eight great then I'll bring it back to council council is there anybody who would like to like to make a motion to uh find that there is urgency in adding this to our agenda for a discussion council member tidbits thanks mayor I'm sorry are you looking for a motion to have a discussion about this or I guess my question is why do we need to discuss it sounds like the county has imposed it and we can opt out or opt in at least that's the best of my knowledge so what would be the purpose of a of a discussion so even for an informational item uh that came up between when we set the agenda and when we had the meeting uh even an informational item like this from the city attorney we have to add to the agenda through this process so to hear the city attorney's report we need to motion and do the steps okay so moved second okay did you have any comments john or were you looking to make the motion no I was looking to make the motion it's fine great uh madam city clerk would you call the roll please can you confirm who had the second please it was john okay council member tidbits hi council member soyer hi council member swatham hi council member fleming hi council member alvarez hi vice mayor rogers hi and mayor rogers hi that passes unanimously great so do you want to proceed yes thank you very much um and I will proceed we can go on to the next slide and just to give you a sense of um what the presentation is I'm going to kind of walk through very quickly the uh and at a high level the different you know where we started with the county ordinance uh what we were then um how the state then addressed the issue of evictions during covid uh and then return to the county ordinance amendments uh and then we'll also let you know what was going on what is going on currently at the cdc federal cdc um and at the end of it we will be I will be asking or offering that we can either maintain the status quo or if the council wants to take any actions we would come back at a later date so to start the county board of supervisors adopted the original its original eviction ordinance on march 24th in response to the covid pandemic and that ordinance prohibits uh residential evictions for failure to pay rent if that failure to pay rent was the result of substantial loss of income or out-of-pocket medical expenses associated with covid it does not really relieve the tenant of the obligation to pay rent but simply allows additional time to make that payment and indeed under the original ordinance the extension for time to pay was until 60 days after expiration of the local public health emergency next slide the ordinance had two primary elements first it created an affirmative defense which a tenant could use in answering an unlawful detainer action that is an eviction an action to evict and then on the other side it also created a private right of action where the tenant could bring a lawsuit against the landlord for any violation of the ordinance in that case there were damages specified in the ordinance including a civil action for injunctive relief and also or for damages uh treble damages all damages would be uh troubled um that were awarded the damages could include damages for mental uh or emotional distress although those but specific damages would not be troubled the ordinance also provided for cost and attorney's fees uh to the prevailing party next slide the original county ordinance was adopted under the county's emergency powers which do extend throughout those powers extend throughout the boundaries of the county and the ordinance itself was expressly intended to apply within both the incorporated and the unincorporated areas the ordinance also though did expressly a state that it did not preclude additional or alternative actions by cities were free to adopt their own ordinances should they so desire the county staff and and board though did urge consistency throughout the county i gave a report to the city council on that ordinance on march 31st 2020 last year and and the council determined to allow the ordinance to proceed as adopted by the board of supervisors without change within the center of the city limits next slide the the county's ordinance quickly was superseded by a judicial council order that was adopted by the judicial council california judicial council on april 6th as emerge its emergency order number one and that order imposed a statewide moratorium on all eviction proceedings except as necessary to protect public health and safety far broader than the county's ordinance it was initially that moratorium was initially intended to remain in effect until 90 days after the governor uh terminated or lifted the state of emergency but after a number of months the judicial council met and and decided itself to terminate the moratorium on sept as of september 1st 2020 the judicial council indicated that the reason it was doing that was that the matter of a regulation of evictions was better left to the legislative and executive branches and so that emergency order was terminated next slide the legislative nature though did take quick actions and on august 31st adopted and the governor signed into law the tenant homeowner and small landlord relief and stabilization act of 2020 also known as av 30 88 and ab 30 88 prohibit prohibited residential evictions for non-payment of rent when that non-payment was the result of financial hardship caused by the covid pandemic like the county ordinance it includes both job loss income loss directly related to either illness or closure of businesses also financial hardships caused when a tenant needs to take time off of work in order to care for others and like the county's ordinance ab 30 88 does not relieve the tenant of the obligation to pay rent but it did provide additional time to pay for a number of other provisions in ab 38 38 but i am trying to keep this at a high level ab 30 88 did establish two phases next slide i'm sorry phase one if the unpaid rent had accrued during the first six months of the pandemic that's from march 1st to august 31st of 2020 then the unpaid rent was converted to consumer debt and can never be used as a basis for eviction in phase two if the unpaid rent accrued during the second six months from september 1st to june uh to june i'm sorry january 31st 2021 then the unpaid rent was converted to consumer debt only if the tenant submitted a declaration that the failure to pay rent was due to a financial hardship due to covid 19 and the tenant would pay 25 percent of the rent due by no later than january 1st 2021 again even as it's converted to consumer debt was not the tenant was not relieved of the obligation so next slide ab 30 88 authorized landlords to seek recovery of unpaid rents through small claims court regardless of the amount of the unpaid rent expanded the jurisdiction of small claims court but those lawsuits could not begin until march 1st 2021 ab 30 88 allowed eviction for causes other causes allowable under law anything other than the non-payment of rent due to covid and the protections of the bill were originally scheduled to expire as of february 1st 2021 next slide legislature however did take quick action and on january 29th 2021 sp 91 was signed into law and it extended the phase two protections through june 30th so again that means it's prohibits eviction for non-payment of rent due to financial hardship caused by covid pandemic provided that this tenant submits the declaration and pays 25 percent of the rent due now by june 30th 2021 next slide sp 91 also postponed the allowance for small claims collection actions postponed that until august 1st 2021 and it continued to allow for evictions for causes other than non-payment of rent due to impacts of covid including both at fault just cause and no fault just cause it sp 91 expressly allows for additional local eviction protections and next slide um sp 91 also established a very critically established a state rental assistance program 2.9 billion dollars in federal rental assistance and directed primarily into two directions one is aid to low income tenants tenants they're most at risk that is tenants specifically at or below 80 percent of the area median income and then the second was aid to landlords so if a property owner would agree to waive 20 percent of the unpaid rent then the property owner was eligible for reimbursement of the remaining 80 percent of the rent due between april 1st 2020 and march 31st 2021 next slide in light of sp 91 specific allowance for stronger protections against evictions uh and its local agencies the county board of supervisors considered a couple of different versions of amendments to strengthen eviction protections and they did adopt uh their urge and second urgency ordinance on february 9th adding the additional protections to ordinance 6301 the board focused on the impacts of covid and found that the housing displacement and evictions during public health emergency would hinder individuals for complying with the state and local directives to shelter in place and would lead to the increased spread of covid 19 overburdening our health care system and potentially resulting in loss of life next slide excuse me so the new amendments to the county ordinance prohibit all evictions except in three categories first when necessary due to violence threats of violence or when a tenant poses an imminent threat to the health or safety of another it specifically notes that the health and safety threat to health and safety cannot be the tenants uh covid 19 illness or exposure second category is uh eviction uh can move forward if it is for the purpose of immediately removing the unit from the rental market in compliance with state law there is a third category excuse me that is a little bit cryptic in the ordinance but what it provides is that evictions can move forward if they are based for upon non-payment of rent between march first 2020 and june 30th 2021 if that non-payment of rent was unrelated to financial hardships resulting from covid 19 and that is based on the requirements of state law next slide all of the other provisions of ordinance 6301 remain unchanged and it is remains expressly intended to apply in both incorporated and unincorporated areas and as the original ordinance it is self executing so there is no further action required by cities the ordinance itself creates private rights of action uh so there is nothing that needs to be done by the city the ordinance however does not preclude additional or alternative action by the cities so the council is free to consider whether it wants uh to to take any uh any different action than than what uh the ordinance 6301 as amendment amended now provides and before we go to the last slide which is simply for questions and comments i do want to note uh that the federal cdc has issued an order which is also in place uh during much of this time that provided a temporary halt in residential evictions and very specifically directed at health concerns of covid 19 it has slightly stricter standards in whose quality who's eligible for those protections requires that the individual sign a declaration under penalty of perjury that they've used their best efforts to obtain government assistance that they have an income less less than 99 000 a year that they're unable to pay rent due to loss of income or medical expenses from covid that they're using their best efforts to pay as much as they can and that eviction would render them either homeless or would force them into a congregate or shared living situation again the cdc's order it's a lengthy order and it's a very strongly focused on preventing the spread of covid it also doesn't relieve the tenant of obligation to make to pay the rent uh it also allows charging of fees penalties and interests allows evictions for some other purposes um on some other grounds and it does have very substantial fines attached to it it had been set to expire on December 31st but it has been extended to March 31st 2021 the order though specifically this is a cdc's order that the federal level specifically does not apply to any state or local jurisdiction that has a moratorium on residential evictions that provides the same or greater level of public health protection certainly the county's ordinance now provides a greater level of public health protection and i would make the very strong argument that the the state restrictions also provide stronger protections um and so wouldn't the cdc order would not apply within the state the state restrictions are some areas where the cdc is stricter but i think overall the county the states protections are stronger or at least as strong as cdc so now we can go to the last slide which is if you have any questions or comments and um i will note that there have been some questions about what other um tenant protections are currently in place and happy to answer those if if you would like um no that's it all right thank you so much so we'll start with councilmember Sawyer thank you mayor well just when i thought it couldn't get any worse for landlords here we have it so sue the um this is intended to apply to all to all the cities although the county didn't ask us what we thought about their additional language and their ordinance um this is we have no way of opting out of this is that true the sexual language no you you can uh the the council can opt out by adopting uh an alternative uh an alternative ordinance uh your alternative ordinance could go back to the uh original county terms uh it could be something different you are free to do to take separate action should you so desire the original 6301 right okay so this let me give you my what my concerns are what what this does except under um health issue under health and safety um takes the contracts between the land the tenant and the landlord and in some cases rips them up um as far as I can tell in this case if there was uh a uh a require or a if the if the landlord said you could not sublet in your sublet of room in your home that you were renting and that's that sublet did not threat health or safety that part of their contract they would not have to adhere to is that correct that's correct and if there was a if there was a in someone was renting a home and there was a non load bearing wall uh and they it was a four bedroom home and they wanted to make three bedrooms of one of those rooms being large and they wanted to rip out one of those walls and that wall did not create an issue with health and safety of the tenants they could do that and they could do that without without fear of being evicted is that the case yes if there if it does not cause you you would still be able in terms of the tenant taking a wall a load bearing wall out um yes you would be able to take other actions against the tenant for for uh for that action but you would not be able to evict them for that action right and if they said you couldn't have pets and you decided to have three or two or three cats they could do that without without being without fear of being evicted is that the case that's true again there would be other actions that you could take you could go to court to enforce the the terms of of your lease but you would not be able to evict them okay so in in in many cases those restrictions that would be placed on a tenant would be removed if we were to embrace the new 6301 unless there was a specific issue around health and safety um that tenant would is is it could in some cases be given free range to um to basically ignore the terms of at least part of their of their rental agreement is that the case again you would have other remedies monetary remedies against the tenant um you would be able to go to court um uh to seek an injunction against the actions that they're taking any monetary damages but you would not be able to evict them okay so i i have to ask you know is it something that the county certainly didn't ask us but i have to ask myself and i have to ask my colleagues is this good for santa rosa i mean we have been working very very hard to encourage housing in all types in our downtown and elsewhere but mainly in our in the in the core of our city and if i was a person coming to santa rosa and looking to build rental housing uh and this was in place i think i would be looking elsewhere and i i think it's i think it is pushing us backward in our endeavors i think that the original the the um pieces of or 6301 in its original form was already above and beyond what i thought was was necessary and we haven't had as far as i can tell depending on who you ask uh 6301 has been fairly successful um why the county decided to to open up this door um and get in kind of get in the way of contracts between tenants and landlords and and allow tenants to um to basically ignore certain elements in their contract unless after they do what they get sued and you know we we can all see that that's probably not going to be happening um it just i think is putting an unburnt an unnecessary burden on the tenants i don't think it's good for santa rosa i don't think it's good for our downtown in the future of the downtown as it as it looks for for um uh rental housing um in no matter where you're putting it in santa rosa and i i think that it would be um i i just i i don't understand why the county thought there was something broken and i i don't like the idea of them telling us what to do um and how to make santa rosa better and i don't think that the in my opinion i don't believe that tenants require this kind of protection and i i think that the protections are afforded by the state and afforded by the original 6301 is enough and i am very concerned about where this takes where this takes um where this would take santa rosa if we decided to embrace this language um i'm a little i'm disappointed that the county decided to go forward without any kind of conversation as far as i know with um any kind of reaching out to the cities before they impose this this further draconian measure on the on the on landlords um and i'm a and i'm very fearful of the fallout uh the future fallout for the city center rosa i'll stop there thank you all right thanks john eddie well first of all i do want to echo the concerns of councilman's lawyer in regards to the contractual obligations understanding between landlord and tenant uh and i do have a question i see that the small claims collection actions postponed until august 1st 2021 is there any other way for us to know how many tenants have applied for the hardships without any litigation having begun uh i don't have that uh data uh here today and i would guess that there are are few that were um asserted under the county ordinance i don't know about under the state law same idea of filing the declaration um and i don't know whether the state has collected that uh that information uh or if any of these um you know the apartment association or any other associates tenant associations have collected any of that data but i can sure uh a check and see if we can we can track down any numbers give us a sense of how often these are being invoked yeah well the reason that i asked questions that i remember receiving an email with how many uh homes where we're suffering hardships and that's what actually brought up the question of how many of those homes had sought the hardship or present the hardship to the landlord thank you sure and that that information very well may be out there but i i'm just not familiar with it right now but i can sure check and pass along whatever i find out okay councilmember fleming thank you so i'm curious to know um going back to councilmember slayer's uh concerns which sound um plausible and i'm sure we could find cases of them you know if we have had widespread or even um instances of this type of thing i know we have some landlords on our council and perhaps um sue could speak to this or um but typically in these situations you know i get bombarded with emails from landlords and from norbar and from c a a and i haven't heard of peep so i'm wondering um you know where the um landlord community stands on this before we we take us a stand because i i know that i've heard from tenants who are really struggling and uh while i echo the concern that we don't want to dissuade anybody from from providing rental property in santa rosa um at the same time you know are are the concerns expressed uh prevalent are people tearing down walls and moving in you know harems of cats or dogs or reptiles or other furry friends sure and i i don't i don't have that information and i will note that up until this amendment on february 9th uh both the local and the state and the federal all uh were prohibiting evictions based on failure to pay rent due to the co financial hardships caused by covid 19 so we were not in the world of um except for that that brief period of time when the judicial council order was in place so from april to august uh where all evictions were halted so um other than for health and safety so this these amendments would almost take us back to that um although it also allows um uh evictions for uh removing the unit from the market or for not failure to pay rent for reasons other than covid so i don't know if we have any data that comes from that time when the judicial council order was in place that might be the most relevant but this new ordinance has only been effect uh since february 9th so i don't know that there's any uh data uh i gathered on that point i will also note that the ordinance um it does have a term it's not a permanent ordinance it's an urgency ordinance uh it is uh intended to remain in effect until 60 days after the public health emergency uh orders are no longer in effect there are some legal uh hurdles uh related to that term um but at that point at this point that is what the ordinance provides um so uh again i'm happy to try to get additional data on what's actually happening out there in the world but in terms of this particular uh ordinance uh and it's it's it's only it's been in effect for such a short period of time i don't know that we'll have much data thank you very much sure council member tibbetz thanks mayor um sue i i got a lot of questions and a few comments um we have we did a price gouging ordinance going all the way back to tub's fire and i believe it was no increases above 10 correct and that's still in effect um we we have our own local price gouging ordinance has expired it expired more than a year ago but the state um price gouging law which does provide for that 10 cap raises during the uh so long as it's in effect and it has been the governor has recently extended those protections to march 25th of 21 so those are still in place enforced by the district attorney she has a very strong program in her office for that yes okay great thanks for that um do we have a list or you know i don't i don't want to delve into it i don't think unless the mayor wants to the council wants to we're gonna have a discussion about opt-in opt-out before we would decide to opt out i would want to know you know the scenarios where the first iteration of 6301 was different from the current and i know that john laid out a couple of good examples you know where i'm coming from with this is i am a huge believer in tenant protections when it comes to crises and unfortunately this community has gone through years of crises which is is causing problems john's correct i am going to throw out an example somebody i'm very close to in the community has a three bed two bath condominium it's 1500 square feet she's owned it for 20 years she rented it out for 2000 letters a month and uh then when COVID-19 or excuse me when the fire started in that price gouging ordinance came into effect she thought well i'm going to ride it out and now with the second iteration of 6301 she's put it on the market efficiently and she's taking off the rental market because that money in her account and a mutual fund is going to make more money than the rent now and a lot of i think john's right i think that if this continues that is we're going to see that happening a lot it's just a function for an investor where the money is going to make money they'll take it out of rental housing and put it into other investments if they perform better and that's the balance that we as a government body if we're going to be dealing in tenant protection laws we have to be really cognizant of what that balance is and make sure that those scales don't tip so far to the side that that we do lose our rental housing market and that's going to be compounded by the fact that vrbo's and air bmb's are lucrative enterprises outside of rental tenant protection laws as well so um that's not as if every home sold is going to go to an an affordable price to some family who's looking to buy it and god knows it's not affordable when they sell it now because they sell for upwards of 500 000 for anything remotely small in this community anymore um so we do need to be careful with our our housing john i second that completely um you know i would be in favor of looking at of going just again without looking at the side-by-side comparisons because i'd like to know what the county's thinking was i guess i can go back and watch the board meeting to figure it out but i'm kind of like john i don't see how the the expansion of regulations under the second iteration of 6301 actually adds more protections than the first iteration did um so i would be okay with going back to that it with a good analysis but what i would really want to have a discussion about and i really want to have a discussion about anyways if not today at some point there is what are we going to do with the people who are in this community who are above the 80 percent AMI threshold who will be ineligible for uh i think it's Senate bill 91 um financial support um for the agreements that landlords make uh if they take except 80 percent of rent we're probably getting the ratio wrong now but 80 percent of rent and then the state backfills someone less than 80 i think we're going to see a lot of people in this community who are just above the 80 percent threshold who need that financial support um that aren't going to be eligible and you know we've brought this up before at council about PG&E funds this is honestly one of the last things i'd want to see our PG&E money go towards because talk about kind of being flash in the pan money but you know this is a crisis i think it is going to be a crisis for people over uh 80 percent AMI and and you know i can think of a better way to spend some disaster money than to prevent second disaster and watching those folks slip into state of homelessness is going to be a second disaster and i would also rather see us look at that kind of a compromise as opposed to extending an ordinance beyond what the county has already done or extending an ordinance beyond the timeline with the county's already done in my opinions at some point this community has to get back to normal uh normal is not now in my opinion but um it's and we got to look out for people who aren't making money right now that's for darn sure but um i i am worried about the rental stock in the community and what folks are doing with their their investments right now are there any other questions all right we're going to go to public comment first and then i'm going to bring it back for a little bit more discussion council so if you're just joining us and if you're interested in participating in live public comment go ahead and hit the raise hand feature on zoom all right i'm not seeing any do we have any recorded voicemail comments that we don't have any um recorded voicemail public comment for this item okay great uh we'll bring it back to to council then for uh some form of direction for for staff so as i understand at the touch point that you're looking for is does the council want to have a discussion about doing something different uh and correct it doesn't necessarily need to include what that something different is it's whether or not we want to do uh presumably a study session to give direction on what we would like to see uh or we say we're good where we're at right now leave it alone for now is that correct correct all right so we'll go around the horn then i'll start with councilmember soyer thank you mayor um and yes i would uh although i i think that 6301 even as it stands is um not something i'm altogether pleased about um i certainly would not want to increase the um the the negative environment in which landlords and and and tenants um may be placed in by making it even more uh restrictive so i would be looking to to for status quo okay councilmember fleming i think that we ought to hear um get some more information um especially on how the board of supervisors arrived here so i'm in favor of a study session to evaluate gather information from the landlord and tenant communities and make a decision from there okay councilmember sweathelm hey mr mayor yeah i really feel like we're in the dark here and the fact that we have the lack of public comment on this issue is uh surprising to me i really in support of i like mr tibbet's idea let's see 6301 compared to what it was before and what it is now i'm just not comfortable doing uh jumping on board with the county has done because i had no idea what led them to go in that direction okay councilmember alvarez i agree with all the uh comments made thus far i believe that we have an opportunity to possibly pick up where maybe the supervisors left off or might have missed and this is an opportunity for us to avoid uh adding to the homeless issue or at least including the funds of the tenants as well as the landlords so i i think it merits a study session thank you okay councilmember tibbet's yeah i'm in favor of the study session the only request i would make uh to staff who's going to generate it if they could try to obtain numbers on what the need is out there i know many of us probably read that article in the press democrat by guy covner that said 36 million in unpaid rents in the county of sonoma trying to dig into that number a little bit deeper would be phenomenal in terms of okay of that 36 million how much of that is up to 80 percent of am i how much of that is above 80 percent am i and then i'm going to go so far as to say once we find out what that delta is above 80 we should really engage in a conversation with our county partners to try to figure out if there's an opportunity to provide supports to family that are going to be facing eviction once senate bill 91 ends and when i'm hearing the county is going to end uh 6301 when you know when that kind of hits simultaneously um i think we need to get ahead of what could be a pretty big wave out there okay madame vice mayor um i'm in favor of the study sessions that answer a lot of the questions that were posed and also to hear from both sides uh of the community about why they feel like it's okay it sounds like we've got pretty clear direction from from the council so i'll work with the city manager and city attorney and get that study session uh scheduled as we can to bring it back does that work for council excellent all right thanks sue for uh your presentation shon did you have anything for city managers report nothing to report okay uh we'll move on then to any statements of abstentia by council members i'm seeing nobody raised their hands okay are there any mayors and council member reports for today's meeting council member tidbits thank you mayor i have a couple of appointments to make um i'm appointing john mcquee to the design review board to replace scott kincade who i just want to give a thanks to serve for a really long time uh to the city i will miss him i will be appointing steven gale as john mcquee's replacement to the cultural heritage board uh akash kalya to the planning commission and chris grable to the board of public utilities thank you okay council member fleming i wanted to note that uh this wednesday at one p.m we have the renewal enterprise district meeting it will be our first meeting after the council and the board of supervisors have both agreed to allocate money um the settlement money to that board to start a housing fund it'll also be our changeover meeting so for anybody who is really excited to find out who will be our next chair i encourage you to tune in at one p.m on monday for more government fund thank you uh thank you for your service council member council member alvarez thank you mayor i would like to announce that i'm going to reappoint vicki duggan uh to our uh planning commission and i also want to announce that i am appointing uh shantavi tolita to our at-large cab membership thank you excellent thank you council member and just a really quick report from me and we touched on it very briefly uh in our goal setting last week but council member soyer and i uh and the city manager and city attorney and a bunch of other uh critical staff from the city did meet with county representatives to begin the discussions around uh downtown uh or county complex uh center uh for the county or broader partnerships that is now being left uh to a couple of discussions between staff and then this group will get back together again to see what the progress looks like and i'll be keeping the council in the loop as we move forward we'll go on we have no minutes say for item number 11 uh mr city manager do you want to do item 12 the consent items sure um item 12.1 motion contract award battery backup retrofit at various traffic signals item 12.2 resolution professional services agreement with colander associates landscape architecture incorporated to provide a system-wide parks condition assessment deferred maintenance analysis and project prioritization for the city's park system item 12.3 resolution professional service agreement with david l gates and associates incorporated a california corporation to provide landscape architectural design and engineering services to prepare construction construction documents for fendley community park aquatics playground picnic area and landscaping item 12.4 resolution vet award general services agreement number f002232 with meal robert londy jr dba zero turn power washing item 12.5 resolution second amendment to general services agreement with f001630 with scott's ppe recon incorporated excellent council members are there any questions on the consent calendar councilmember sweathelm thank you mr mayor i have some questions on item 12.2 uh can i ask tim pernard and jen santos to be promoted so my two questions are uh the the first one you know is noticing other um on the consent calendar we saw who the competitors were and how much they were bidding for each of the different contracts this one i noticed that there were three proposals uh no dollar amounts other than what the one that was chosen the 247k so can we get some information as to what were the other bids and was there a budget established for this activity good evening um mayor rogers vice mayor rogers and council members my name's emily ander um a park planner assistant with the parks division um there were three as you mentioned um there are three um proposals received um one from calendar associates one from integra and one from veritas um and calendars fee was the lowest of the three um and the range i'll have to get back to you on the exact range um of the other two proposals that would be helpful if you'd just send that to us and then uh it's also related to financing um since i know we had our first year of measure m uh funding because i think it started April 1st of 2019 through April 1st of 2020 how much did the city receive from that measure m funding and i know we're anticipated to receive 1.9 i don't don't recall if we've been told how much we did receive we can get back to you on that council member uh we just that's that's not on this particular item but we will absolutely report that back to you and the reason i'm asking is tied into 246k i don't know if we're getting a good deal or what what are some other possibilities for that and then um reading the the the plan for that they talked about forming a technical advisory committee who actually will be making that decision and what are their members what is going to be the composition of that technical advisory committee that's going to be making comments and advising this group we have a project a kickoff meeting scheduled for next Tuesday morning um with the design team um and parks staff currently and we will talk about the composition of the tack but it would include facilities and facilities design engineering and recreation staff as well as parks maintenance staff um and park planning staff so um this is a continuation of the process we began in in doing an assessment of all of our existing assets the the we've done the buildings we've done other campuses this is actually the park land assessment portion of this conversation so it's not going to take into consideration buildings which have already been assessed this was the general conditions of playing fields areas like that um that were outside of that initial scope when we did that assessment so we're catching up on the internal assessment and all and finishing out the asset assessment um so that we get a complete picture in those areas right i understand i i really appreciate the intent the report also said that members of the public community advisory board and i'm not clear based on the punctuation of council is going to be involved in that i'm just looking for opportunities for council to have a more voice in that so we're hearing the process as we move along versus now all of a sudden it's an item before the council and we have questions that maybe could have been answered if we've been involved in the process early on so that's why i was asking who actually makes those decisions because the contract and the staff report i wasn't really clear on that so it's going to be a staff based process we're happy to schedule sessions with council members to get that input moving forward but it was following a similar process that we had done with other other assessments that we had we had previously embarked upon this was closing the loop on one area that had not been assessed uh for for deferred maintenance and condition great thank you any other questions council council member schwedhelm did you want to pull this off of consent or are you comfortable leaving it on no i just want to have the conversation those are the questions let's move forward my main thing is what um just what i said getting the council involvement so there's no surprises moving down the road for in on the ground floor of the maintenance as some recent council conversation regarding parks i think it'd be helpful for us to be engaged earlier rather than later all right council member soyer thank you mayor um would it be possible to get a um a list sent out to the council on the there's a map of the parks yeah i'm i'm in the staff report hold on just one second um in the presentation there is a map but there's not a there's not a list and i can understand why there's not just a list of the various parks names um luther burbank home and gardens is uh entitled a park the building were were analyzed for their uh condition um is there any work to be done on the grounds as far as an analysis of the condition will there be work done on the grounds of burbank gardens that do not contain the rest the rest of the site does not contain buildings so would that be analyzed yes that will that's so thank you you're welcome okay we'll go to public comment on this item is there any public comment for the consent calendar all right are there any voicemail public comments there's um one consent items number 12 the way to do it from roseland today you'll decide to give money to an outside consultant talking about the parks priorities it's important to actually find out from the community those that use the parks what are a priority for them for the next steps on the parks just going with staff often leaves out some of the things that the community members feel are very important this is vital at this point in time because the parks are being used by many people who in the past hadn't been coming to parks they're there now due to covid southwest community park for roseland one of the busiest parks around definitely needs more playing fields more land area and yet i bet staff will only say oh we need to put in more pavement actually that's not the case and you don't need to change the pavement that you have there you need to find ways to make the parks more inviting to the users and it's not about putting down more asphalt or concrete that concludes public comment on item 12 great i'll bring it back to the council madame vice mayor i move items 12.1 through 12.5 and wait for the reading of the pass second so i heard a motion from the vice mayor second from councilmember tidbits madame city clerk can you call the roll yes thank you mayor councilmember alvarez yes councilmember fleming our councilmember schwedhelm hi councilmember soyer hi councilmember tidbits hi vice mayor rogers hi and mayor rogers hi thank you mayor that passed unanimously great thank you so much we'll move on to our next item that's item number 13 it's public comment for non-agenda items if you are interested in talking to the council about something that is not on today's agenda go ahead raise your hand you'll have three minutes to talk under the brown act councilmembers can't get into a back and forth since it hasn't been agendized but we can try to address things afterwards if we can so let's see first is academic senate oh sorry i thought it was on my personal zoom my name is amanda hopkins and i am a resident of district 3 at 9th street and davis street you can all hear me correct yep okay great um so i live directly across from the 9th street overpass and i just want to raise concerns about the health and safety of our community here um there are serious risks to health safety and emotional well-being of the residents here in our neighborhood because of the homeless encampment under the 9th street overpass as someone with family members who have experienced homelessness i empathize with homeless with the homeless and mentally ill i support folks receiving housing and services but allowing an encampment of individuals with serious mental illness and substance abuse issues sustains an ecosystem which supports crime and substance abuse i hear shouts and screams daily i witness drug deals and fights and last year a homeless couple got into a fight and a large boulder was thrown through our living room window so you can see that this has become a major safety issue um the neighborhood that i'm living in on one side of the overpass we have a high school on the other side of the overpass there is an elementary school so this is also a school district and so i just want to say that i know that there are open shelter beds available but i've been told that because of COVID-19 homeless people cannot be taken to those shelters and i'm just wondering why rapid testing is not available and i'm also wondering since we are in a residential district and a neighborhood which is very close to an elementary school and a high school why this encampment has been allowed to stay here um so i'm just wondering if this can be addressed thank you great thank you miss hopkins as i mentioned we can't get into non-agenda items tonight but i do know that the staff is working on it so perhaps we can get an update uh out to the community as well we have anybody else who is interested in speaking on non-agenda items right madame city clerk did we have any voicemail comments we have one voicemail public comment okay public comment on non-agenda items dwayne d witt from roseland nice nice the two folks have been able to step up and help the community by saving a significant portion of the pg and e settlement money while saving all of it could have perhaps helped more in the long term by saving a large portion you have helped for the next time we have a fire emergency or floods or downturns which could be sooner than we expect also thank you kindly for putting aside money for a roseland library in the future if possible please take the effort to codify that and make sure that it's written into perhaps a trust where the 10 million dollars is put aside to draw interest while waiting for the project in the future with that in mind also drops stipulations covenants that says that money can't be taken for anything else but the money and any of the interest earned would go 100 for the roseland library due to unforeseen circumstances in the future a different council or different staff members may try to siphon money off from that we don't know if the city manager the city attorneys will still be here the people that wrote this up council members change so priorities may change please protect that money now that you've made the effort to try to help the roseland community with a roseland library branch the utmost care needs to be taken to protect all the funds with a really good well-written document that points out that can only be used for that roseland library and cannot be siphoned off and used elsewhere in the future thank you kiley and all the best to you again for your nice work on trying to help roseland with this positive addition by now okay so that will conclude our public comment council we have no other items tonight no study sessions no public hearings so we will go ahead and adjourn i'll see you all next week