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Recording in progress. Oh, good. Okay. Good evening everyone,

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and welcome to the regular meeting of the petaluma city council, petaluma community

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development successor agency for monday, july 20th, 2026.

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and as you know, we've recently begun accepting public comments, both in person and

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via zoom. And this is in compliance with state bill 7 0 7,

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which is an update to the brown act, california's open meeting

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law. Because this is a new process, we do ask for your

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patients as staff gets used to the technology and work on,

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on refining our procedures. So, um,

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as per our regular procedures, if you wish to provide a public comment

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on tonight's agenda, we are, um, and are joining us in person, please

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fill out a speaker card. They're located in the hallway, outside the chamber,

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and bring it to our clerk who is at the front of the chambers.

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um, as for the new procedures, for those who are

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participating via zoom, please raise your hand virtually when

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the item is called, those participating over phone and zoom can raise

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your hand by pressing star nine. The city clerk

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will provide these instructions during each public comment period.

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so please do not raise your hand yet. Please wait until,

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uh, your, to raise your hand until the item is called.

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please note that concurrent translations services are available in this meeting

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in spanish and a variety of other languages. And to access translation

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services online, please use, use the link on the agenda

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to access the language in the room, please scan the qr code on

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the sign in the back of the room. Okay,

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so, madam clerk with that, let's have our roll call for the evening.

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barnacle present cater thompson.

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here di carly. Here

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now. Here, quint. Here. Sch shrimps.

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here mcdonald here. And we do have a quorum. Wonderful, thanks.

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and let's all stand for the pledge of allegiance,

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our visions to the flag of the united states of america,

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and to the republic for which it stands, one nation under

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god, indivisible, with liberty and justice for all.

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and a moment of silence, please.

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now from time to time, the council uses this opportunity to honor

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a member of the petaluma community who has contributed to the fabric of petaluma

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through their efforts and life and has recently passed. Tonight

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is a moment of such honor and sadness, and I'd like to close tonight's

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meeting in honor of bernie al. Uh, bernie passed away this month at the

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age of 90, and had been active in petaluma issues until just

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recently. Um, bernie had been involved in so much of petaluma over so

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many years that I can't cover it all, but he was a science teacher.

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and that doesn't begin to cover or describe bernie. So

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let me read just one quote from the press democrat in nine in 2007,

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a small sign on d street reminds cyclists to ride on the right side of the road

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with the traffic fittingly. The sign is on the wrong side

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of the road where cyclists who are not, um,

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uh, where cyclists who are not riding with the traffic will see

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it fittingly. The sign is bilingual, and this is since

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many local cyclists hail from mexico where the custom is to ride against

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the flow of traffic. Bernie did this. Bernie was an out of the box thinker

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and achiever. Bernie is a recipient of the sonoma county lifetime environmental

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achievement award. He was a member of the county and of petaluma's

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bike advisory committees. He was instrumental in starting bike to

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workday in the county. He worked with cots to help their clients succeed. He

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is a founding member of the friends of lynch creek trail, and I'm pretty sure

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that bernie's bicycled to heaven and formed a committee to

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help make it better there. . Tonight we'll be closing the meeting in

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honor of bernie. So at this point in the meeting, we

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looked at, at our agenda, and I look up and down the diocese to see whether tonight's agenda,

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uh, has any modifications to be made on it

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and seeing no council member, um, proposing

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then, uh, the council the agenda tonight is exactly as

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you see it in your, uh, handouts or online.

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and we move now to general, uh, public comments.

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and as per our regular procedures during general public comment,

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the public is invited to make comments on items of public interest that are within the

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city council's subject matter jurisdiction and that are not listed

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on the current agenda. Public comments are limited to three minutes per person,

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and depending on the number of persons wishing to address the council, tying will be allocated

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in equal shares equaling no more than 20 minutes

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as per our new procedures. And as a reminder, we'll now be accepting

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comments from zoom as well as in person.

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the, um, in-person and remote commenters will be granted

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equal time. So if we have more than 20 people wishing to speak,

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the first 10 in-house speakers will get to speak and the first

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10 remote speakers will be able to speak.

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um, zoom tracks the order of hands that raise, and we'll

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work from that list in order for zoom and an in-person

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participants to know if they have the first 10 or not. Then, um,

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the names of the speakers will all be announced. Additional comments

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will be heard after the last business item on the agenda. If there

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are less than 10 in each in-person and online, then we will balance

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out until 20 speakers have been, uh, heard in the evening.

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so, um, we will hear the in-person comments first,

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I'll call, um, I will call speakers to the podium. Once these have concluded,

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the city clerk will call upon remote speakers to unmute themselves

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and in turn make their comments. It's a bit of a learning experience

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for all of us, so I appreciate your patience in this new procedures.

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and, um, back over to the city clerk here.

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um, so we did receive eight comments ahead of the meeting, and also there

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are 20 attendees, uh, joining via zoom. So at this point, I

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will start a 32nd clock for general public comment. During

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these 30 seconds, members of the public attending in person should bring their speaker speaker

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cards to the clerk's desk if they have not already done so. And members of the public attending

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online should raise their virtual hand. Those attending via phone should press

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nine to raise their hand. And speaker requests received after this time

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may not be accommodated.

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okay, we did receive three hands online. And those are s kirks, veronica,

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o and theodore scar. Ato

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no, for sure of. Okay,

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so we have three hands raised, three hands online, and,

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and we have 12, 12 comments, 12 cards right here. So 15 total, so that's a 15 total.

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and so with 15 speakers, it's one minute each speaker,

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and tonight, and it looks like everybody gets a chance. So our,

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uh, first speaker is christopher brown, um,

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to be followed by jennifer boyle.

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my name is christopher brown. I'm from little woods mobile home park. Um,

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and I'm here just to state that, uh, the psychological

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terrorism from harmony communities continues. Our parking is still

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abominable. Um, bullying

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is being continued and it feels as they operate

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without impunity.

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the city council, you guys have been great. Everybody that

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has supported us has been great. Um, but I just feel like

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nothing's happening with them. And there's no, there's no, they're operating

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with no impunity. That's what I got.

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thanks. Thank you very much. Jennifer boyle to be

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followed by tina yonkers.

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good evening mayor. City council, city staff. We, the mobile

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home park residents at youngstown, little woods and capri

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continue to feel the weaponization and intimidation in our parks.

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youngstown mobile home owners and management

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continue to make, to market and sell mobile homes they

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own to all age families. This is still unlawful. As a senior

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park overlay zoning has remained in effect since october

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20, 23, 80 20. Still does,

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does not allow any mobile home to be sold as all ages,

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nor does it allow purchase agreements, leases or rules

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and regulations to say anything but senior park

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as spelled out in the lawful zoned ordinance under california

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laws. And note and notably federal laws and local

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and local laws, the following, apply possible civil

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violations, fraud, or intentional. Thank you mis. Our

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next speaker is tina yonkers to be followed by marie kunio.

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okay, thank you.

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possible civil violations, fraud or intentional

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misrepresentation. Negligent misrepresentation,

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violations of state consumer protection laws, breach of contract

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or warranty. Failure to make required disclosures,

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unfair business practices, possible criminal violations,

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theft by false pretenses, real estate or

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business fraud, forgery or falsification of documents

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perjury, ab

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2 5 9 6, which just codified existing laws

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for senior parks will be on the consent floor in the california

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state senate when legislatures resume work august 3rd.

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in addition, I know I, I won't be able to finish this, so

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I'll just leave it at that. Marie coneo to

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be followed by jimmy rankin. Just start here.

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okay. Thank you.

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thank you. In addition, little woods and capri both have been

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served with another arbitration with the clear intent to bleed

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residents legally dry. Since large equity park owners

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are not winning, the arbitrations abuse, frivolous pleadings,

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and im intimidation are among these egregious

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acts. Youngstown capri and little woods mobile home parks

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residents have and continue to experience reduction

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of services of pools, keys, clubhouse, hours,

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management hours, trash, overcharges, and demand

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credit. These permits to operate in petaluma should be

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suspended immediately. We have heard rumblings from a few

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non-mobile park disgruntled in residents that the city of petaluma

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is not prevailing in court in just learning about one case,

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where it was not dismissed immediately. The cases

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in the federal. Thank you. Thank you jimmy rankin

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to be followed by kelly rankin.

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hello. Uh, so I live on vallejo and d street. Um, the company,

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uh, rebuild petaluma together has opened a house on three

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16 vallejo street, which they call a shared housing,

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um, development. Uh, they have a lot of people there that are,

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you know, using drugs. Um, we've seen prostitutes walking down

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the street, people speeding up and down the street that we've never seen before. I grew

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up in this neighborhood. I've lived there for 32 years. We have not had problems like this

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recently. People's houses have been being broken into, and there's a preschool,

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not more than half a block away. So I just feel

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scared because I work an hour and a half away from home and I get a call from

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my wife saying that the back gate to our backyard has been open to

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close until my dog ran around the corner and started barking. And that's

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when the door closed. So I just don't feel safe in my neighborhood anymore

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since this house is opened. And it's only been three weeks, maybe a month that they have been living

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here. Thank you. Thank you. Kelly

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rankin should be followed by mark kimberly.

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okay. I'm on the same topic that he's on. So our neighborhood has gone downhill again, and

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I'm super disappointed in the city for this. Nobody in the neighborhood was informed that

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this would be happening. We were not consulted. Um, we have been

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a neighborhood that has had its share of homeless in the area, in the armory

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with the soup kitchens where the, the home for this, uh, place is

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now. And so we finally had this neighborhood with these beautiful families. Look right

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here, these beautiful babies walking through the street all the time. And now they're afraid

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one of this couple back here doesn't even wanna buy a house in our neighborhood because of this pro,

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this situation. And mayor, what I was told is this was your idea. So

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I just want you to understand that the community, I'm speaking for a lot of people. I've

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been talking to all of my neighbors. The fear is big. This

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couple back here has their houses to the back. They're here screaming, yelling, cussing all the

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time, all throughout the night. Um, we, again, we are seeing all kinds

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of things, and they're about to bring in 10 shipping containers and build more houses

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for low income housing. So I can only imagine it's gonna get worse.

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thank you, mark kimberly to be followed by tim portus.

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I have here this government issued license plate 1 3 5 7 5 0 1.

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I found it in santa rosa. According to dmv, this belongs

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on a vehicle that's owned by the city of petaluma, but not in the possession of city of petaluma.

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there was no release of liability filed. The government plate's not returned.

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so the vehicle has not been sold, it's just missing. But no one here seems to know about it.

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I investigated further and I found the actual truck as well.

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it's sitting in santa rosa in front of 1906 bel air way.

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I suggest that you report it stolen and have santa rosa pt retrieve that for you

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tonight. Uh, guess who lives there? I'll give you a hint.

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his initials are ms. And him and his corporation were fired by city of petaluma and

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six o others recently, you know, the same guy that built millions of

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dollars out of all of you in this city over the last eight years. You did nothing. The

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same guy who allegedly killed animals and falsified records to hide it as you all

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did nothing. The same guy you all protected and covered for, for years,

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ignoring all reports and complaints. Yes, that's the guy. Here's your license

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plate. Thank you, tim portus to

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be followed by christine white.

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thank you. Hello.

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the cases in federal and sonoma county court that have been dismissed are

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over. The additional frivolous pleadings, in our opinion, are headed the same

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way. There is not one case where the large investment

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in vi investment mobile park owners have prevailed dating back

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to two oh through three in petaluma surrounding areas, different

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judges, different opinions, but when all the facts are shown, they produce

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the same result. These residents do not want notoriety nor even

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recognition for standing up for the truth. They simply want peace,

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calm, legitimate business practices that follow the city, state, and federal

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existing laws. Sadly, we have lost some of our seniors

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as recently as three days ago, that never saw their money returned or their social

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security in their past last days on a mobile home that they own. Our city

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has stood tall in the protection of the most val vulnerable

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as they have voted time and time again after careful analysis to

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defend, enforce, and strengthen their own laws and ordinances.

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thank you. Thank you. Christina white, followed by michael shapiro.

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good evening, mayor. Counsel. Uh, first of all, I wanted to just

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say I am so sorry for everything that little woods is going through.

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it's just I've listened to it time after time at all these meetings, and it's just,

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I, I empathize with you. I, I wish I could do something I cannot,

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but know that you have people who are thinking good things for you. Um,

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secondly, I'd like to say thank you to chris cornett for their grazing. They,

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for the first time have grazed behind our home, and they are still back there.

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the sheep will be back there for probably another week. So it's phenomenal, and they're

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doing such a great job. So, uh, we feel protected. And lastly,

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I I've been approached by many people asking me about data centers

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and what is petaluma? Have I heard anything at the city council meeting

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about the data centers? I know fairgrounds are being approached

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to put in data centers. Big concern for everybody is water.

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we have a water issue here in california, here everywhere. We need to

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have water for our people. And data centers

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use a lot of water. So just concerns. And I don't know when that's gonna come up in

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a city council meeting. Thank you. Thank you michael shapiro,

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to be followed by, um, uh, j

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mangan. Good evening. Uh,

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I'm here to make my annual plea to bask ban gas powered leaf blowers.

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um, I don't know how to get this accomplished, but I do know that

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communities that have done this have reported that the quality of life is

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vastly improved. Much less noise, far fewer fumes

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from these gas powered leaf blowers. Um, these leaf blowers,

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burn gas and oil, and about a third of that is expelled in an aerosol. So

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it's basically an airborne oil spill. And this is what we and our kids are breathing.

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um, I was in washington, dc uh, two months ago.

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they have successfully banned gas powered leaf blowers. I spoke to a gardener. I

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spoke to a, a woman at the smithsonian who manages the garden there. Everybody's

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thrilled with it. And I can actually document that with video if you're interested. Um,

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petaluma has a great climate ready plan. We're three and a half years away

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from 2030, less than that actually. And if the goal is really carbon neutrality,

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one of the easiest and most, uh, productive ways of getting there

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is to do a slow but gradual and

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progressive ban of gas powered leaf blowers. You can start with a few months

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very much, and then go from there. Our next speaker. Thank you. We'll be

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mondragon to be followed by nina zito.

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um, good evening counsel. Um, thank you for all the hard

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work you guys do to upkeep. Um, my, my little p town hometown. Um,

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I appreciate it. But I'm here to ask you, uh, I'm here to ask more of you as, um,

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so many folks before me have, um, I have

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recently, um, been aware of, uh, how many flock cameras we

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have around, um, the city of petaluma. And I would request that if,

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uh, the contract is coming up soon, I remember, um, that was something that

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was, um, mentioned at some point might be, um, open for community

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discussion that we do not renew the contract with flock. Um,

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they are tracking people's locations, they're lying about keeping our data. Um,

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they can be easily hacked and they're using ai and the ai can get it wrong.

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um, and they're giving our data to ice, which is a transition that

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I'm also requesting that when the council puts it on the agenda for a non-cooperation

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ordinance with ice, that every one of you does the right thing and votes in favor

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of a no cooperation ordinance. Thank you. Thank you.

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and nina zito, and then we go to our zoom participants.

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thank you, council. Um, I appreciate the

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council council's creativity

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in making public comment available. I'd, um, like

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to point out that it feels disrespectful to folks who make the

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not inconsiderable effort to show up

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and, uh, take time from their day and to have their remarks, um,

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weighted, um, with people who

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just feel it's enough to like dial in. And I, I, I do feel that's disrespectful.

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perhaps those that time can be allotted differently

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or perhaps people can provide a reason why they can't show up in person.

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but it invites, uh, flooding the zone as

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we've learned to think with, uh, stakeholder remarks,

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um, that, that don't necessarily reflect the will of the community.

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thank you. I think this is important. Thank you.

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now over to our clerk to do the zoom work. We did also

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receive one late hand up. I dunno if you wanna accept one additional speaker,

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uh, sorry. Online. Uh oh. Please do that. Okay. So we'll

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start with s kirks. Uh, I'm gonna allow you

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to speak and then ask you to please unmute yourself and make your comment.

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good evening, susan kirks petaluma,

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the city of petaluma, has engaged in eight

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harmful and destructive actions at the paulo lane

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open space property in west petaluma. I'm speaking about

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one of those this evening with the need to correct

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that action. About 10 days ago, a little fawn

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was struck by a vehicle and severely injured on bodega

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avenue at paula lane. The fawn was down at bodega avenue

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with the mother doe and the other twin fawn, where they never

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would have been had they had access to their natural

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home and habitat. The city of petaluma has installed barbed

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wire fencing around the perimeter of the open space

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property on paula lane. And that fence should never have been installed,

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and it needs to be removed. That is my comment this

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evening. And by the way, the fawn was euthanized by

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fawn rescue after marin humane came and, and retrieved

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it.

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our next speaker will be veronica o.

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please unmute yourself and make your comment. Hi, good evening,

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council and community. Thanks for, thanks for allowing me to comment

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tonight. Data centers are a climate issue, and I want to name that

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they cool through evaporation consuming water that doesn't return to the supply

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in a state already managing chronic doubt. And the power behind

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them mostly still comes from the grid that isn't fully clean yet. So every new

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facility adds real ongoing demand at the exact

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moment when we're trying to bring down emissions and not add sources.

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a company called global stack is pitching exactly, um, at

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fairgrounds across the state. Um, I don't want one

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at ours, and I don't want one anywhere on sonoma county's farmland.

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this isn't the use that belongs on land. We're trying to keep agricultural

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and climate resilient. My ask is to agendize the 12 month moratorium

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on data center land uses so the community can weigh in and staff can define

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this use and set standards before a proposal arrives

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rather than after. Thank you very much.

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the next speaker is theodora sato. I notice you lowered

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your hand if you are still interested in making a comment.

343
00:26:11,325 --> 00:26:15,065
uh, thank you. I'm testifying in support of agenda number two,

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consent request for a proposal for a data center. Moratorium data centers

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bring together nearly every type of pollution, air, water, land,

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light, noise, and emf. With im with impacts that can extend four

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miles. Communities are blindsided by proposals

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and by the time residents become aware it's often too late. I work

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on this issue nationwide. Cities, counties, and the

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state all have a role to play. And the first step is putting a regulatory

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framework in place before, not after a data center proposal

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arrives a proactive regulatory framework. It

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helps you avoid costly litigation, protects public health, and

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equally important, it spurs innovation towards lower impact

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ai infrastructure, air pollution. As an example,

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a single hyperscale facility may have 40 to more than 50 diesel generators

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on site. And they are regularly run a report by caltech and the university of

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california riverside called the reports called the unpaid toll

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documents, how data center air pollution is crossing state lines. Thank

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you. It is steeply increasing fine particle pollution. And I did submit

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extensive, uh, documentation in my comments. Thank you. Thank you very much for the comment. We're moving to

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our next zoom speaker. The next speaker is andy schrader.

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hey, andy schrader from petaluma. Uh, the woman who said that we

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shouldn't have zoom capability, obviously doesn't have to pay a a hundred bucks for

365
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childcare. So, um, thanks for that comment lady.

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00:27:59,875 --> 00:28:03,735
uh, I want to call in a second the ban on leaf

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blowers. I want to second getting rid of barbed wire that's, uh, inhibiting

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wildlife connectivity. I also want to second getting rid of flock

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uh, surveillance cameras. But most of all, I want to say that

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the city council should hear and discuss data centers.

371
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I work on colorado river compact issues. Lake mead is at a record

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low lake powell's at a record low when southern california can't get water.

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they take it from northern car, california. And, uh, we

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really need to do everything we can to save water. Also, data centers will

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deeply inhibit the city's ability to meet its climate

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goals. So, uh, we need to do everything in our power

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to make sure that they don't come to petaluma. And the city council should hear that as soon as possible. Thank

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you.

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that's all of our online comments. Thank you. Thank you very much. That, uh,

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concludes the, uh, speakers for general public comment tonight. And,

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um, I'd, um, like to bring it back on up

382
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to the council. And, um, this is our opportunity for council report

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in on what they've been busy with since our last meeting. And, uh, I'll

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start with, uh, council member shri. Um, just one

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item to report. Um, I was watching the news story

386
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on tv, um, a week or two ago, and it turns out, uh, sacramento

387
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is having an infestation

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of a new, um, insect. It's called the turkistan cockroach.

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not the oriental, not the german, it's a turkistan cockroach, which is a little different

390
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species than other cockroaches. It's new in town, it's come to sacramento,

391
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and they think it may have come in on the planes that, uh, from air travis air

392
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force base that go to the mid east area and back again over the last several years. So

393
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it's come in a few years ago, but apparently it's gotten really bad in sacramento.

394
00:30:01,315 --> 00:30:05,025
however, it is, um, we need to have awareness of it, and

395
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I got really aware of it because I think I have an infestation in my front yard.

396
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so I, uh, anyway, I took the actions, I took all the recommendations, and it looks

397
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like, uh, fortunately it doesn't climb walls as well.

398
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it is an outdoor cockroach, not an indoor cockroach. It seeks water is the

399
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only reason it comes indoors. I said it doesn't like to climb, likes wet environments,

400
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uh, mulches and the like. And, um, so I did all those things, put out traps,

401
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cleaned out the yard, and pretty much got it under control. So I don't see any more, haven't seen any in

402
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about three weeks. So that was, that's been really good. So I can, that's a good report that

403
00:30:39,125 --> 00:30:43,025
that is manageable. But, uh, be aware that there is a new insect here in

404
00:30:43,275 --> 00:30:47,105
town, um, uh, coming from, uh, from other countries. So

405
00:30:47,325 --> 00:30:51,165
it, it's just something new to be aware of at this time. So when you see it, it's, don't automatically assume

406
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a german oriental, it might be the new turkistan. And they're very,

407
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um, they grow very fast, um, uh, and, and, and

408
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propagate anyways, just, just for awareness. Thanks. Thank you. Okay,

409
00:31:04,385 --> 00:31:08,005
that's, um, disturbing . Thank you. Uh, council member

410
00:31:08,405 --> 00:31:12,365
quint. Yeah. Uh, that, that's a tough one to follow. Um, so I just,

411
00:31:12,705 --> 00:31:16,565
uh, I don't have any liaison reports for tonight. I do want to say, I want

412
00:31:16,765 --> 00:31:20,485
to congratulate the petaluma national majors little league team for beating

413
00:31:21,065 --> 00:31:24,925
rankin valley, uh, and winning the district 35 all-star tournament.

414
00:31:25,355 --> 00:31:29,325
they advanced to the section one tournament. Uh, this is the same team that in 2012

415
00:31:30,075 --> 00:31:34,025
went all the way to the world series. And if they continue to win, who

416
00:31:34,245 --> 00:31:38,005
knows? They're a good team, a good group of, uh, kids playing

417
00:31:38,545 --> 00:31:42,445
and some really good coaches over there. So, um, share your support.

418
00:31:43,225 --> 00:31:47,085
uh, I also wanna share, uh, concerns. Uh, I wasn't here

419
00:31:47,245 --> 00:31:51,195
last week. I know there was discussion around ice. I just wanna share that

420
00:31:51,645 --> 00:31:55,645
I share our community's concerns over the actions of ice. I'll leave it at

421
00:31:55,805 --> 00:31:59,745
that. Um, and I also, um, support, um,

422
00:32:00,605 --> 00:32:04,235
a phased out ordinance on gas, uh, leaf

423
00:32:04,685 --> 00:32:08,665
blowers. I realize that that's not a, um, a priority at this time, but,

424
00:32:09,505 --> 00:32:13,235
but I do think it's a good thing. Thank

425
00:32:13,585 --> 00:32:17,115
you, council member now. Um, thank you, mr. Mayor.

426
00:32:17,725 --> 00:32:21,645
um, I attended the petaluma police department's display date, and you

427
00:32:21,865 --> 00:32:25,865
can still have the same opportunity on tuesday, august 4th from four to seven

428
00:32:26,565 --> 00:32:29,755
on the petaluma fair fairgrounds. Oh, sorry.

429
00:32:30,725 --> 00:32:34,575
uh, you will get to see up, close the equipment, enjoy free food, meet

430
00:32:34,865 --> 00:32:38,025
staff, win prizes, learn how to be safe in our local neighborhoods.

431
00:32:38,885 --> 00:32:42,085
so a wonderful free family event. And I have,

432
00:32:43,205 --> 00:32:47,025
I have a gift for the mayor here. Our local petaluma regional library had

433
00:32:47,285 --> 00:32:50,965
a 50th anniversary. I was given the task of remembering opening

434
00:32:51,545 --> 00:32:55,405
day in 1976 when I was a sophomore at petaluma

435
00:32:55,965 --> 00:32:59,625
high school. I was excited for a modern library to do research and

436
00:33:00,045 --> 00:33:04,045
homework and hang out with friends. Plus its modern library. Had a

437
00:33:04,165 --> 00:33:07,465
copy machine for our mayor, a book bag

438
00:33:08,465 --> 00:33:12,365
for the occasion. Um, and I like to

439
00:33:12,565 --> 00:33:16,425
visit on wednesdays when my grandkids get to read to

440
00:33:16,645 --> 00:33:20,565
the dogs at the library. On a more serious

441
00:33:21,075 --> 00:33:24,995
note, um, I wanted, um, address our city

442
00:33:25,605 --> 00:33:29,545
attorney about little words parking. Um, it's still an

443
00:33:29,765 --> 00:33:33,305
issue and a lot of the tenants have, um, tenant

444
00:33:33,925 --> 00:33:37,485
agreements with the owner that they have parking

445
00:33:38,445 --> 00:33:42,405
privileges, but there is no parking privileges. And I'd like to

446
00:33:42,525 --> 00:33:46,385
have an update to the council on how that's going with, um,

447
00:33:46,705 --> 00:33:50,505
the owners and on the leaf blowers. Um,

448
00:33:51,125 --> 00:33:54,865
I don't know where the gentleman went, but I would like to see, um,

449
00:33:56,295 --> 00:34:00,285
maybe our climate protection committee bring this back and

450
00:34:00,615 --> 00:34:04,145
talk about how we can do something in petaluma. Thank you.

451
00:34:05,675 --> 00:34:09,245
thank you. Council member barnicle? Yes. Um,

452
00:34:10,605 --> 00:34:14,105
one update. I attended the ribbon cutting for the son, clean power,

453
00:34:14,645 --> 00:34:18,485
um, uh, solar and storage project. It's a four megawatt project up in

454
00:34:18,895 --> 00:34:22,585
mendocino county. It is currently our largest, uh, solar and storage project

455
00:34:23,085 --> 00:34:26,945
by a factor of four. Um, it brings our evergreen portfolio to 20%

456
00:34:27,665 --> 00:34:31,645
served by local, uh, solar and, um, in storage. So,

457
00:34:31,965 --> 00:34:35,825
um, quite a feat. And, um, we're the only cca in california that's, uh,

458
00:34:36,255 --> 00:34:39,915
serving a hundred percent of our evergreen, um, portfolio with local renewables.

459
00:34:40,725 --> 00:34:44,665
so, fabulous. Uh, council member cater thompson.

460
00:34:46,045 --> 00:34:49,965
uh, thank you. Um, I too would like to, um,

461
00:34:50,335 --> 00:34:53,945
well, actually with the leaf blowers, I've been talking to michael for a long time about this.

462
00:34:54,765 --> 00:34:58,405
and can this be just incorporated in the general plan? Um,

463
00:34:59,005 --> 00:35:02,215
go in that direction since we're close to completing our general plan.

464
00:35:03,285 --> 00:35:06,545
and I would like an update on the house on vallejo street.

465
00:35:07,685 --> 00:35:11,305
um, you know, it's challenging when you're dealing with unhoused,

466
00:35:12,525 --> 00:35:15,975
and I think we just need to make sure that the neighbors feel,

467
00:35:16,615 --> 00:35:19,745
feel protected and that what's happening or what they're saying.

468
00:35:20,665 --> 00:35:24,365
I want to know if that is happening. So I would like an update on that. And

469
00:35:26,005 --> 00:35:29,675
that's it. Thank you very much. Thank

470
00:35:30,025 --> 00:35:33,945
you. Vice mayor di carly. Good evening. Good evening, everybody. Over at

471
00:35:34,145 --> 00:35:38,125
parks and rec. We elected new officers and there was no net change there.

472
00:35:38,365 --> 00:35:42,165
I think everybody stayed the same. Um, we talked about, uh, there's a trail

473
00:35:42,385 --> 00:35:46,285
on the east side of town that's gonna be getting a new name and kind of narrowed that down,

474
00:35:46,545 --> 00:35:50,405
and I'll save that for when it comes to council. And then, um, no airport meeting,

475
00:35:50,645 --> 00:35:54,485
but I will say that the taxiway is finished. Um, everything looks

476
00:35:54,765 --> 00:35:58,005
pretty good. I think they're wrapping up some few little things here and there.

477
00:35:58,785 --> 00:36:02,665
and then, um, yeah, I, I did attend the, uh, the

478
00:36:03,205 --> 00:36:06,925
rebuilding together, their new house that they just bought over on vallejo, and as you saw, some

479
00:36:07,245 --> 00:36:11,205
neighbors came and just spoke about it. So I would kind of like to see too that, you know, we're not,

480
00:36:11,345 --> 00:36:15,225
um, you know, that we're doing a good thing, but not introducing problems to,

481
00:36:15,465 --> 00:36:19,465
to neighbors over there. And, um, you know, the other weekend, uh,

482
00:36:19,685 --> 00:36:23,285
it was the swiss picnic in penn grove, um, outside of petaluma, but a lot of petaluma's

483
00:36:23,845 --> 00:36:27,725
that go to it. So rich swiss heritage around here. Um, so that

484
00:36:27,885 --> 00:36:31,085
was fun. That's, that's every year right after 4th of july if anybody ever wants to attend.

485
00:36:32,185 --> 00:36:35,675
and then, um, I did also attend the library's 50th anniversary.

486
00:36:36,745 --> 00:36:40,625
um, as you heard, councilwoman now gave a, gave, gave a great speech there. Uh,

487
00:36:40,915 --> 00:36:44,575
john sheehy talked about his, uh, bib biblio mania,

488
00:36:45,025 --> 00:36:48,905
um, as a child. Um, harlan osborne gave what he put the

489
00:36:49,265 --> 00:36:53,205
common man's, you know, recant of libraries in town in that part of,

490
00:36:53,505 --> 00:36:57,485
uh, of petaluma. And then mary dooley talked about her addition to the

491
00:36:57,605 --> 00:37:01,025
library that she did some years ago. And so that was really great. Um,

492
00:37:01,825 --> 00:37:05,605
you know, great community thing. And then the, at the sonoma county fair,

493
00:37:05,945 --> 00:37:09,765
the four h auction is coming up. That's, that's a great way to support agriculture

494
00:37:10,445 --> 00:37:14,325
to go out there. Um, you know, the kids work really hard on these projects. It

495
00:37:14,525 --> 00:37:18,425
teaches them about business responsibility, raising animals, and, um,

496
00:37:18,665 --> 00:37:22,545
you know, they're always looking for buyers to help support them. They'll use that money to,

497
00:37:23,105 --> 00:37:27,045
you know, further their projects go to school, um, and help them really understand what

498
00:37:27,285 --> 00:37:31,235
responsibility is. And that's all I have this evening. Thank you. Thank you very

499
00:37:31,525 --> 00:37:35,465
much. Um, yeah, I do want to, uh, address that, uh, uh,

500
00:37:35,925 --> 00:37:39,805
vallejo street house. Um, you know, I, I think it's a great step forward to try

501
00:37:40,145 --> 00:37:44,105
and, and, uh, provide, uh, low income housing in the community and, and,

502
00:37:44,425 --> 00:37:48,405
uh, solve our homelessness problem. But a step forward can't be a

503
00:37:48,525 --> 00:37:52,405
step backward. At the same time, we have to make sure that it, uh, doesn't harm

504
00:37:52,565 --> 00:37:55,705
the neighbors as, as we move on. Um,

505
00:37:56,835 --> 00:38:00,665
also, um, on a much lighter note, now that the world cup has concluded, um,

506
00:38:00,945 --> 00:38:04,825
and all normal business can continue, um, you know, I, uh,

507
00:38:05,125 --> 00:38:09,125
note how many, uh, watch parties there were around town and how that helped businesses.

508
00:38:09,565 --> 00:38:13,325
I was at taps to watch, but I love taps because I love the businesses

509
00:38:13,605 --> 00:38:17,305
that face the basin and, and, and then do well. And

510
00:38:17,955 --> 00:38:21,685
that all leads to, I want to commend the team that put, uh, from the float house

511
00:38:22,795 --> 00:38:25,845
that put together the huge bands on the basins festival on july 11th.

512
00:38:26,885 --> 00:38:30,665
I mean, you could walk kayak to paddleboard to kayak right across the basin. It

513
00:38:30,945 --> 00:38:34,865
had just one more big fun thing in petaluma and

514
00:38:35,165 --> 00:38:39,125
also want to come, uh, commend, uh, the same weekend art and garden festival in july 12th,

515
00:38:40,035 --> 00:38:43,765
also another huge year. And, um, I helped with the team that tabled

516
00:38:44,185 --> 00:38:48,125
for, uh, the improvements to the trestle promenade now. Uh, and thanks

517
00:38:48,365 --> 00:38:52,245
to downtown business association for their efforts there, I attended to the, the

518
00:38:52,405 --> 00:38:56,245
county homelessness coordination committee meetings. And, uh, we're still moving

519
00:38:56,625 --> 00:39:00,465
on trying to re reduce and, and get through the

520
00:39:00,685 --> 00:39:04,205
impacts that, uh, changes that the state and fed are bringing to our systems.

521
00:39:05,545 --> 00:39:08,865
uh, I was able to help with the chamber of commerce with their, uh, new, uh,

522
00:39:09,635 --> 00:39:13,445
officer installation meeting too. So, um, been a busy

523
00:39:13,855 --> 00:39:17,605
short two weeks. And, uh, with that, I'd like to ask the city manager

524
00:39:18,145 --> 00:39:22,115
for her report. Thank you, mayor council community. Um, just

525
00:39:22,445 --> 00:39:26,405
a couple things. Speaking of events, we have the 19th annual petaluma music festival that

526
00:39:26,645 --> 00:39:30,475
will take place this saturday on, uh, the fairgrounds. They're

527
00:39:31,045 --> 00:39:34,895
gonna feature 14 bands. The gates open 1130 and music

528
00:39:35,275 --> 00:39:39,235
will continue through 9:30 pm family friendly local food,

529
00:39:39,695 --> 00:39:43,405
three stages, and all proceeds support music education programs

530
00:39:43,845 --> 00:39:47,845
in petaluma public schools. Uh, for tickets go to petaluma music festival.org.

531
00:39:49,665 --> 00:39:53,455
um, also in our continuing effort to address downtown parking, we've added seven

532
00:39:54,095 --> 00:39:57,885
seven angled on streete parking spaces on the c street block between first

533
00:39:58,145 --> 00:40:01,885
and second, make it even easier to visit downtown businesses and

534
00:40:02,205 --> 00:40:05,665
restaurants. And the new spaces were striped late last week, and they're available now.

535
00:40:06,865 --> 00:40:10,165
and then I'm going to ask brian o of our community development department,

536
00:40:11,075 --> 00:40:14,945
welcome back, brian, to talk about, um,

537
00:40:15,265 --> 00:40:17,245
the rebuilding together project on vallejo.

538
00:40:19,575 --> 00:40:22,205
thank you. City manager, brian o director of community development.

539
00:40:23,685 --> 00:40:27,265
I didn't see, I, sorry that I didn't catch the,

540
00:40:27,745 --> 00:40:31,745
um, constituent committee member that was here. I'll go back to the tape and

541
00:40:31,965 --> 00:40:35,525
try to connect. Uh, but there's a request on the vallejo

542
00:40:36,195 --> 00:40:40,115
project. The city has had an initial, very preliminary,

543
00:40:41,465 --> 00:40:44,895
um, preview of the housing proposal there,

544
00:40:45,685 --> 00:40:49,525
rebuilding together, um, recently purchased it. It's been an underutilized

545
00:40:50,875 --> 00:40:54,665
site for, um, many, many years. And so

546
00:40:55,435 --> 00:40:59,325
it's very early in the process. There's no, I mean, at this point,

547
00:40:59,445 --> 00:41:03,165
I'd say it's conceptual. Uh, no permits have been submitted.

548
00:41:04,385 --> 00:41:07,855
um, but, uh, everything, um,

549
00:41:08,525 --> 00:41:12,265
every indication from drake, the executive director down

550
00:41:12,555 --> 00:41:16,355
to the staff with rebuilding, they're really strong partner of ours

551
00:41:16,855 --> 00:41:20,795
for the city. Um, every indication points to wanting to

552
00:41:20,955 --> 00:41:24,835
be a good neighbor. Um, there was a recent introductory,

553
00:41:25,615 --> 00:41:29,355
um, community meeting that the vice mayor had, uh, referenced.

554
00:41:29,915 --> 00:41:33,875
I suspect we'll continue to have those or encourage those, um, from

555
00:41:34,485 --> 00:41:38,405
rebuilding and any public safety issues. Um, much like with

556
00:41:38,645 --> 00:41:42,325
any neighborhood, um, we have the means, um, to ensure that,

557
00:41:42,865 --> 00:41:46,645
um, our safety and any, um, code or compliance

558
00:41:47,245 --> 00:41:51,205
issues can get addressed, um, whether it's through code enforcement or public safety.

559
00:41:52,265 --> 00:41:56,025
and so, mayor, we will continue to provide updates, um,

560
00:41:56,465 --> 00:41:58,645
as they come, um, from the property owner.

561
00:42:00,495 --> 00:42:04,345
thank you very much, appreciate that report. And that concludes

562
00:42:04,655 --> 00:42:08,585
mine. Thank you. And that concludes, uh, city manager report, and that brings us

563
00:42:08,805 --> 00:42:12,745
to our consent calendar for the evening. And at this point, um, I look coming

564
00:42:12,865 --> 00:42:16,865
down the diocese to see whether any council member wishes to, uh, poll any of

565
00:42:17,025 --> 00:42:20,525
the consent items. Council member barnacle, item two,

566
00:42:21,135 --> 00:42:24,765
item two ladies. And, um, that's, um,

567
00:42:25,175 --> 00:42:29,065
item two being pulled. And, um, let's move to public comment

568
00:42:29,645 --> 00:42:33,615
on this and on the consent calendar. And we will take

569
00:42:33,905 --> 00:42:37,585
public comment on the consent calendar in its entirety. And when we bring it back to counsel,

570
00:42:38,555 --> 00:42:42,385
we'll have a voting on the two issues separately.

571
00:42:43,605 --> 00:42:47,405
so, um, please, um, uh,

572
00:42:47,625 --> 00:42:50,225
bear with us while we have our little movement in the room

573
00:42:59,965 --> 00:43:03,825
as we open public comment on the entire consent calendar. Uh, the public is

574
00:43:04,055 --> 00:43:08,025
invited to make comments, uh, on the listed items. Our procedure

575
00:43:08,605 --> 00:43:12,305
on the agenda will, will follow the, um, process that I

576
00:43:13,105 --> 00:43:16,925
outlined extensively earlier. And, um, except

577
00:43:17,345 --> 00:43:21,285
that the number of speakers is not limited in this case. And public comments are limited to

578
00:43:21,505 --> 00:43:25,285
three minutes in person. However, uh, the time per speaker may

579
00:43:25,665 --> 00:43:29,505
still be reduced depending on the number of speakers. We'll hear in-person comments

580
00:43:29,715 --> 00:43:33,585
first, I will call on speakers to the podium. Once those have concluded, the city

581
00:43:33,745 --> 00:43:37,325
clerk will call upon the remote speakers to unmute themselves. So, um,

582
00:43:38,215 --> 00:43:42,045
city clerk, it's your take it away. We did receive 12 comments on

583
00:43:42,265 --> 00:43:46,145
item number two ahead of the meeting, and those are posted online. We also have

584
00:43:46,305 --> 00:43:50,185
23 folks joining us on the zoom at this time. I'll start

585
00:43:50,425 --> 00:43:54,055
a 32nd clock. During these 30 seconds. Members

586
00:43:54,545 --> 00:43:58,295
of the public attending in person should bring their speaker cards to the clerk's desk. Members

587
00:43:58,805 --> 00:44:02,745
of the public attending online should raise their virtual hand, and those attending

588
00:44:03,245 --> 00:44:07,095
via phone should press star nine to raise their hand. Speaker request

589
00:44:07,905 --> 00:44:10,025
received after this 30 seconds may not be accommodated.

590
00:44:23,545 --> 00:44:23,545
okay,

591
00:44:38,795 --> 00:44:42,355
we have, um, uh, 10 cards and one hand that's,

592
00:44:42,915 --> 00:44:46,495
um, 11 speakers. And so I'm gonna shorten

593
00:44:46,955 --> 00:44:50,495
the, um, speaking time to two minutes per person for this item.

594
00:44:51,675 --> 00:44:55,345
and I'll start with donald johnson and move to darren kuzen.

595
00:44:57,185 --> 00:44:57,185
donald johnson

596
00:45:01,985 --> 00:45:05,245
going once donald johnson, um, darren

597
00:45:05,995 --> 00:45:08,765
kuzen to be followed by alex ale.

598
00:45:13,955 --> 00:45:17,845
thank you. And I think john hania seated time on this item as well. So

599
00:45:18,065 --> 00:45:21,945
if you have his card and need to call his name or just to make sure we get

600
00:45:22,105 --> 00:45:25,745
the john hania. Thank you very much.

601
00:45:26,485 --> 00:45:30,065
um, the two minutes will be doubled. Excellent, thank you.

602
00:45:30,965 --> 00:45:34,775
so ai data centers obviously in a major issue across the country. Jurisdictions

603
00:45:35,625 --> 00:45:39,465
keep getting caught. Flatfooted projects are lobbied and approved before

604
00:45:40,065 --> 00:45:43,435
residents have a chance to weigh in. If you want more information on it. Aaron brockovich?

605
00:45:44,105 --> 00:45:48,105
yes, that aaron brockovich has put together the comprehensive website on the proliferation of

606
00:45:48,285 --> 00:45:52,185
ai dentist centers and the issues surrounding them. Uh, just this morning

607
00:45:52,385 --> 00:45:55,945
though, uh, one of my environmental consulting hats, I received an email from eurofins

608
00:45:56,505 --> 00:46:00,385
international testing company talking about the risks and sounding the alarm. That development

609
00:46:00,945 --> 00:46:04,505
is outpacing regulation when it comes to ai identity centers pointing

610
00:46:05,065 --> 00:46:08,285
to the threats, I'm sorry, I have to interrupt. Mm-hmm . Um, um,

611
00:46:09,165 --> 00:46:12,575
you need to make a nexus to an item on the agenda. So what you're talking about, consent

612
00:46:13,385 --> 00:46:17,305
calendar item number two, there's a memorandum proposing the discussion of a moratorium

613
00:46:17,745 --> 00:46:21,265
on data centers. Correct? It, it is not to be deliberated tonight,

614
00:46:22,045 --> 00:46:26,025
it is to be decided whether well, we're gonna talk about the discussion of whether or not a discussion of a moratorium should

615
00:46:26,265 --> 00:46:30,265
happen. So I'm giving context to that end. I'm literally gonna get to the sentence of, we

616
00:46:30,425 --> 00:46:34,305
should have a mor moratorium carry on. Kevin, we're, we're in control

617
00:46:34,625 --> 00:46:38,385
here. All right. So it's certainly logical and smart to meet this moment

618
00:46:38,655 --> 00:46:42,345
with an open discussion of an ai data center moratorium box checked

619
00:46:42,805 --> 00:46:46,385
kev. I've seen petaluma get caught out by undesirable land uses before

620
00:46:46,975 --> 00:46:50,705
when our layered land use rules and ordinances proved ineffective at stopping expected

621
00:46:51,045 --> 00:46:54,705
and undesirable land uses that came forward. So I hear the argument,

622
00:46:55,205 --> 00:46:59,065
why not just wait for the ieo if you guys have interfaced with our ieo

623
00:46:59,425 --> 00:47:02,985
from 2008, it was widely considered as riddled with loopholes and inconsistencies

624
00:47:03,975 --> 00:47:07,905
that have been closed over the years. But that history is a reminder that the ieo is not

625
00:47:08,065 --> 00:47:11,555
a perfect or permanent document. Zoning codes and even general plans

626
00:47:12,165 --> 00:47:16,145
can be changed. The protections they offer are mutable. When a proposed

627
00:47:16,265 --> 00:47:20,165
project doesn't conform developers work to change the ieo or a general plan, create

628
00:47:20,625 --> 00:47:24,045
overlays or use other tools to get around zoning protections around land use.

629
00:47:24,775 --> 00:47:28,605
I've also seen developers bundle undesirable uses with a desirable one to

630
00:47:28,825 --> 00:47:32,625
help, help push it through. The david dom project is a great example. The

631
00:47:32,925 --> 00:47:36,765
d street extension homes were resisted for 20 years until the developer promised to expand

632
00:47:37,125 --> 00:47:41,005
helen putnam park. And now the park looks infeasible, but we got the

633
00:47:41,165 --> 00:47:45,005
homes. So an example of where projects come forward. And even if the council and staff

634
00:47:45,385 --> 00:47:49,365
say that a land use is not desirable, there are ways that a developer makes that

635
00:47:49,565 --> 00:47:53,315
happen and pushes it through. Could a data center developer change or skirt code?

636
00:47:53,895 --> 00:47:57,765
could they package a data center with a more attractive project or an environmental concession

637
00:47:58,385 --> 00:48:01,845
to sway decision makers? A moratorium or an equivalent policy action

638
00:48:02,625 --> 00:48:06,155
is a stake in the ground. It demonstrates community values and clearly signals

639
00:48:06,915 --> 00:48:10,725
what we want to do to prohibit this land use. I understand that a concern

640
00:48:11,065 --> 00:48:14,805
is a moratorium would defer existing work on the zoning code updates,

641
00:48:15,865 --> 00:48:19,805
but beyond the mutability of the izo, the timeline for those updates is unclear.

642
00:48:21,305 --> 00:48:25,125
and honestly, we're talking about generating word documents. I can't believe we can't draft

643
00:48:25,345 --> 00:48:29,245
an ieo update and discuss a moratorium in parallel.

644
00:48:29,825 --> 00:48:33,645
as the mayor says, we can tie our shoes and chew bubblegum at the same time. I think we

645
00:48:33,845 --> 00:48:37,765
can make a couple word docs. The trickiest part is defining what the data center

646
00:48:38,115 --> 00:48:42,005
land use actually is, and that will have to be done eventually. Whether it's now through discussion

647
00:48:42,645 --> 00:48:45,885
around a moratorium or later when we roll out updates to the izo,

648
00:48:46,735 --> 00:48:50,685
there is a strong argument to front load that work now we need to at

649
00:48:50,805 --> 00:48:54,765
least have a public discussion of these issues. I don't think the public at large has heard almost anything

650
00:48:54,885 --> 00:48:58,765
about the city's stance on data centers. Even as we constantly see stories of communities

651
00:48:59,425 --> 00:49:03,205
run over by these projects, discussion of a moratorium is warranted.

652
00:49:03,825 --> 00:49:07,485
it is a logical step, and we would hope the city would be an ally in those kinds of discussions.

653
00:49:08,575 --> 00:49:12,455
let's not get caught flatfooted when we have this much lead time in this many cautionary

654
00:49:13,245 --> 00:49:17,245
examples. Let's get ahead of an emerging land use trend and have the conversation

655
00:49:17,945 --> 00:49:21,575
in the open, the merits of a moratorium. What other tools exist

656
00:49:22,185 --> 00:49:26,125
and how we intend to prevent or shape the future of this land use. Thank you.

657
00:49:28,135 --> 00:49:31,925
thank you. So in council chamber,

658
00:49:32,465 --> 00:49:36,245
we generally observe a certain decorum, which means that decorum, which means

659
00:49:36,835 --> 00:49:40,655
neither cheering nor geering anyone. So let's

660
00:49:41,265 --> 00:49:44,895
not have that behavior again this evening. Um, alex adela

661
00:49:45,825 --> 00:49:47,845
to be followed by, uh, heather gallagher.

662
00:49:50,475 --> 00:49:54,285
it's a, it's aade, just so you know. Okay. Um, here to talk about the data centers,

663
00:49:54,625 --> 00:49:58,625
the moratorium. I feel like nobody wants a data center

664
00:49:58,865 --> 00:50:01,645
in their backyard. It's pretty simple, you know? And

665
00:50:03,115 --> 00:50:06,965
there really isn't much more to say than what, I can't remember your name, but

666
00:50:07,975 --> 00:50:11,585
what he just said, which is, you know, air pollution, noise, pollution,

667
00:50:12,545 --> 00:50:16,425
emf, everything comes up and everything checks off. It

668
00:50:16,625 --> 00:50:19,545
uses a lot of water. Nobody wants it.

669
00:50:20,815 --> 00:50:24,615
so a moratorium to make sure that it

670
00:50:24,835 --> 00:50:28,725
doesn't get pushed through, it doesn't get past anything, would be great.

671
00:50:28,885 --> 00:50:32,445
that's really all there is to say. And I think you guys all get it. Nobody wants it.

672
00:50:33,665 --> 00:50:37,245
thanks. Thank you. Our next speaker is, uh, heather gallagher

673
00:50:38,505 --> 00:50:40,435
to be followed by, um, dean barbero.

674
00:50:45,725 --> 00:50:49,585
good evening council community staff. Thank

675
00:50:49,935 --> 00:50:53,855
you for bringing the topic of discussion of data centers. While considering a ban

676
00:50:54,235 --> 00:50:58,005
in the general plan, we have all heard of the health hazards

677
00:50:58,495 --> 00:51:01,495
and environmental hazards associated with standalone data centers.

678
00:51:02,515 --> 00:51:05,865
and we are now learning of the same hazards associated

679
00:51:06,535 --> 00:51:10,195
with ai data centers disguised as standard office

680
00:51:10,895 --> 00:51:14,795
buildings or r and d facilities. The equipment needed to

681
00:51:15,015 --> 00:51:18,775
support these massive technology companies create low frequency

682
00:51:19,335 --> 00:51:22,935
noise pollution, water usage concerns, and light pollution issues

683
00:51:23,885 --> 00:51:27,485
that harm residents and adversely affect agricultural communities.

684
00:51:28,835 --> 00:51:32,395
please consider setting a precedence for sonoma county by

685
00:51:32,975 --> 00:51:36,555
opposing all attempts from tech company companies who

686
00:51:37,325 --> 00:51:40,745
encourage you to sign non-disclosure agreements

687
00:51:41,645 --> 00:51:45,575
that conceal project details from the community during the permitting

688
00:51:46,195 --> 00:51:50,175
and approval processes. Thank you for investing in our

689
00:51:50,375 --> 00:51:54,015
health and safety by dec decide dedicating your time

690
00:51:55,535 --> 00:51:59,515
to place a moratorium on data centers, big and

691
00:51:59,675 --> 00:52:03,035
small. Your decision influences the surrounding communities

692
00:52:03,975 --> 00:52:07,635
to do what is best for the entire sonoma county agricultural community.

693
00:52:08,445 --> 00:52:12,135
thank you. Thank you. Um,

694
00:52:12,945 --> 00:52:16,845
dean barbar, barb to be followed by susan ball.

695
00:52:18,295 --> 00:52:21,815
so I'm new to this, um, subject, but, um,

696
00:52:23,345 --> 00:52:26,725
yeah, I hear nothing but bad news in the, in the news about

697
00:52:27,405 --> 00:52:31,195
water usage of these centers. And I use ai occasionally.

698
00:52:32,035 --> 00:52:35,075
I asked it today what it thought, it said yes, regulate me.

699
00:52:36,215 --> 00:52:40,215
so I would thought that was good advice.

700
00:52:40,675 --> 00:52:42,555
so I would just encourage you to, um,

701
00:52:44,935 --> 00:52:48,815
probably I would, speaking for petaluma, that people want enforceable, you know, and enforceable

702
00:52:49,295 --> 00:52:53,025
protections in place ahead of time. So I thank you ahead

703
00:52:53,375 --> 00:52:56,655
of time for doing that. Thank you,

704
00:52:57,505 --> 00:52:59,135
susan. Paul should be followed by beverly alexander.

705
00:53:08,625 --> 00:53:12,055
good evening. I encourage you to,

706
00:53:12,695 --> 00:53:16,225
uh, not to to ban instead

707
00:53:16,715 --> 00:53:20,545
of do moratorium. I have been on sort

708
00:53:20,835 --> 00:53:22,575
of the ground

709
00:53:25,145 --> 00:53:28,965
for 10 years on following water in sonoma

710
00:53:29,325 --> 00:53:33,175
county. I started out protesting the wells

711
00:53:33,525 --> 00:53:37,315
being taxed at the santa rosa grounds,

712
00:53:38,705 --> 00:53:42,675
uh, santa rosa planes protection

713
00:53:44,225 --> 00:53:48,105
organization. That is anything. But I have

714
00:53:48,745 --> 00:53:52,535
discovered, we discovered that the the water is being sold

715
00:53:53,285 --> 00:53:57,125
to santa rosa. Santa rosa is selling to marin. Marin is selling it to

716
00:53:57,655 --> 00:54:01,365
oakland, and oakland is selling it to the

717
00:54:01,845 --> 00:54:05,635
la area. We are running out of water

718
00:54:06,535 --> 00:54:09,695
here. Our groundwater is not being sustained.

719
00:54:11,455 --> 00:54:14,625
most of the supervisors are backing the vineyards,

720
00:54:15,605 --> 00:54:18,605
the, the marijuana and, and the agriculture is,

721
00:54:19,725 --> 00:54:23,665
is, is being harmed. Farms are being sold because they

722
00:54:23,945 --> 00:54:26,945
don't have any wells. This will increase

723
00:54:28,485 --> 00:54:32,435
if we start moving in data centers. These

724
00:54:32,805 --> 00:54:36,745
are big guys. They will come in and make lawsuits that we

725
00:54:36,945 --> 00:54:40,765
will not, you will not be able to, to deal with. So

726
00:54:40,985 --> 00:54:44,985
you have to start at the beginning. You have to start at a ban

727
00:54:46,845 --> 00:54:50,805
and then get your ducks in a row for the, for what's coming at it. That's

728
00:54:51,225 --> 00:54:53,575
my, that's my say. Thank you very much, beverly alexander

729
00:54:55,285 --> 00:54:56,415
to be followed by paul alexander.

730
00:55:01,975 --> 00:55:05,725
good evening. And I'm not tall enough. Um,

731
00:55:06,725 --> 00:55:10,205
and thank you for listening. And I'm amazed, um,

732
00:55:11,125 --> 00:55:14,965
to think that the library is 50 years old, because I remember bringing our

733
00:55:15,345 --> 00:55:19,125
children to the b street library and, and,

734
00:55:19,445 --> 00:55:23,185
uh, going upstairs and they had vinyl records, all kinds

735
00:55:23,465 --> 00:55:27,345
of stuff. Anyway, to get to the point again about the data centers,

736
00:55:29,045 --> 00:55:32,705
um, a moratorium, I, I would too, would love

737
00:55:33,105 --> 00:55:35,915
a band. But if that's not possible, a moratorium

738
00:55:37,135 --> 00:55:41,105
will give us time to study, to take public feedback

739
00:55:42,085 --> 00:55:45,185
and to show that you really respect your constituents

740
00:55:47,245 --> 00:55:51,095
and let developers know that petaluma will stand firm.

741
00:55:53,945 --> 00:55:57,895
there will, and one of the lines that

742
00:55:58,265 --> 00:56:01,785
I saw there was about standalone data centers.

743
00:56:03,925 --> 00:56:07,455
does that mean they can attach anything to a data center

744
00:56:07,965 --> 00:56:11,925
like, uh, a swimming pool? That's meant to be sort

745
00:56:12,215 --> 00:56:15,405
of a joke about the devon development.

746
00:56:16,755 --> 00:56:20,735
but, um, you know, once something is

747
00:56:21,215 --> 00:56:24,365
attached to a data center, it no longer is a standalone.

748
00:56:25,705 --> 00:56:29,125
and these developers have a lot of money,

749
00:56:30,565 --> 00:56:34,115
a lot of resources, and I don't wanna see them pushing

750
00:56:34,825 --> 00:56:38,185
us around. So we really,

751
00:56:39,705 --> 00:56:43,605
really need to have all our ducks in a row. And I think

752
00:56:43,805 --> 00:56:46,965
a mor moratorium will help with that. So thank you for listening.

753
00:56:48,135 --> 00:56:51,615
thank you paul alexander to be followed by jorge

754
00:56:52,605 --> 00:56:53,345
reg ti.

755
00:56:57,405 --> 00:57:01,095
uh, good evening council members and fellow petal lumen. I also

756
00:57:01,415 --> 00:57:05,385
support a moratorium on data centers, although

757
00:57:06,305 --> 00:57:10,225
a ban would be even better, but if we must consider them, here are

758
00:57:10,425 --> 00:57:14,335
some points I'd like to, and they've been eloquently expressed already, but I'll express them more

759
00:57:14,765 --> 00:57:18,105
as well. Petaluma needs a data center

760
00:57:19,135 --> 00:57:22,785
moratorium built into our general plan now

761
00:57:23,425 --> 00:57:27,245
to protect our quality of life, our climate, and our environment.

762
00:57:29,285 --> 00:57:32,725
a moratorium is needed with no buy right permitting,

763
00:57:34,685 --> 00:57:37,845
where developers pay a hundred percent of infrastructure costs

764
00:57:39,625 --> 00:57:43,425
and the industry reclassification zoning and

765
00:57:43,715 --> 00:57:47,575
code loopholes. Loopholes are closed. We

766
00:57:47,795 --> 00:57:51,595
need meaningful and defensible noise and vibration. Frequency limits,

767
00:57:53,535 --> 00:57:57,485
air and water pollution and usage limits and heat island

768
00:57:57,955 --> 00:58:01,915
effects limited. And we need to consider

769
00:58:03,115 --> 00:58:05,305
limiting surveillance and flock data impacts.

770
00:58:09,525 --> 00:58:12,345
so developers are sliding in, getting through

771
00:58:13,885 --> 00:58:17,685
by somehow becoming listed as

772
00:58:17,905 --> 00:58:21,695
not standalone. That was me before, or tenant improvement

773
00:58:22,485 --> 00:58:26,305
or ways to dodge local restrictions that are not airtight. We have to be careful

774
00:58:26,565 --> 00:58:30,185
of that. So we need a moratorium or ordinance that isn't comprehensive,

775
00:58:31,195 --> 00:58:35,015
would be barely better than the ordinance at all. So we need our city

776
00:58:35,445 --> 00:58:39,035
to proactively close these loopholes now, not

777
00:58:39,495 --> 00:58:42,375
discover them open later. And finally,

778
00:58:44,935 --> 00:58:47,835
petaluma wants strong, enforceable protections in place before,

779
00:58:48,955 --> 00:58:52,735
not after a developer shows up. Thank you for your time, and please take this

780
00:58:52,965 --> 00:58:56,425
seriously. Thank you. Thank you jorge.

781
00:58:57,295 --> 00:58:59,815
rag ti to be followed by don johnson.

782
00:59:01,355 --> 00:59:02,295
second chance for don.

783
00:59:06,345 --> 00:59:10,095
thank you. Can you hear me? Um, I

784
00:59:10,535 --> 00:59:14,295
strongly support the request from council members, alex de carley and john

785
00:59:14,575 --> 00:59:18,295
trips to impose a moratorium on the construction of data centers

786
00:59:18,755 --> 00:59:22,695
in the city of petaluma. In my opinion, a ban would

787
00:59:23,045 --> 00:59:27,005
be even more desirable. The environmental impacts of these

788
00:59:27,275 --> 00:59:31,245
data centers have become public knowledge for communities where they are deployed

789
00:59:31,705 --> 00:59:35,525
and nationwide. Huge amounts of water for, for refrigeration

790
00:59:36,045 --> 00:59:39,935
of the computers, huge amounts of electricity, air pollution, light

791
00:59:41,195 --> 00:59:44,685
pollution, sound pollution, et cetera. These environmental

792
00:59:45,205 --> 00:59:49,025
impacts are very grave, but the main purposes of the, of the data centers are

793
00:59:49,245 --> 00:59:52,675
even more concerning. Some of those are real-time

794
00:59:53,645 --> 00:59:57,325
location tracking, behavioral data capture, biometric

795
00:59:57,725 --> 01:00:01,445
and financial surveillance. Automated enforcement tied to digital

796
01:00:02,105 --> 01:00:05,495
id and programmable money of every individual.

797
01:00:07,235 --> 01:00:11,005
this already disaster list is complemented with the department

798
01:00:11,445 --> 01:00:14,965
of defense project of creating ai control fighting

799
01:00:15,505 --> 01:00:19,125
robots. Your decision to ban any data center in petaluma

800
01:00:19,685 --> 01:00:23,605
should be easy to make if you come to understand that the benefits are hard to

801
01:00:23,805 --> 01:00:27,685
find and the risk are many and very large.

802
01:00:28,135 --> 01:00:31,565
thank you. Thank you. Uh, donald johnson.

803
01:00:33,655 --> 01:00:36,275
not seeing donald. We'll go to our zoom, uh, participant now.

804
01:00:37,855 --> 01:00:41,255
we have one speaker, uh, on zoom and that's amy taylor.

805
01:00:42,315 --> 01:00:45,675
I will ask you to unmute yourself.

806
01:00:51,945 --> 01:00:54,445
amy, if you could go ahead and unmute yourself and make your comment.

807
01:01:02,355 --> 01:01:06,305
sorry, we're not hearing you, amy. I made a mistake

808
01:01:06,545 --> 01:01:10,225
and I wanted to speak on agenda 12. Okay, got it.

809
01:01:10,555 --> 01:01:13,055
sorry about that. No problem. Okay.

810
01:01:18,095 --> 01:01:22,085
okay, that brings it, that that closes public comment. That's the, the

811
01:01:22,305 --> 01:01:26,305
last zoom and last house card we have. So I'd like to bring it up to council. And again,

812
01:01:26,585 --> 01:01:30,145
we've split this into two sections. I'd like to treat the bulk of the consent

813
01:01:30,705 --> 01:01:34,405
calendar first. Any, um, questions or, um, uh,

814
01:01:34,905 --> 01:01:38,845
comments on the that, or may we have a motion on the all items, but

815
01:01:39,165 --> 01:01:42,225
to consent calendar, I'll move all items except to

816
01:01:43,415 --> 01:01:46,415
I'll second. We have a motion from quint and a second from shrives.

817
01:01:47,445 --> 01:01:50,875
may we have a roll call? Vote barnacle. Aye. Cater

818
01:01:51,545 --> 01:01:55,035
thompson? Yes. Di carly?

819
01:01:55,685 --> 01:01:59,495
yes. Now? Yes. Quint? Yes. Shrives?

820
01:02:00,165 --> 01:02:04,065
yes. Mcdonald? Yes. Motion carries unanimously. Thank you.

821
01:02:04,605 --> 01:02:08,365
and now to the matter of item two. Uh, item two, uh,

822
01:02:08,885 --> 01:02:12,865
arises, uh, on, on our agenda as a standard

823
01:02:13,205 --> 01:02:17,005
te tentative, uh, tentative agenda and a request to modify the

824
01:02:17,225 --> 01:02:20,965
tentative agenda. And, um, so the issue

825
01:02:21,285 --> 01:02:24,465
at hand is what the issue is

826
01:02:25,465 --> 01:02:29,085
and not the advocacy of it, but what the clarity of what the issue is

827
01:02:29,665 --> 01:02:33,525
and also, um, whether the timeliness of it warrants

828
01:02:34,395 --> 01:02:38,345
assigning it to a, that's the deliberation we're having as a council at

829
01:02:38,565 --> 01:02:42,205
this moment. Council member barnacle, you, um, asked for this to be pulled.

830
01:02:42,625 --> 01:02:46,335
why don't you, uh, lead the conversation? Yeah. Um, appreciate

831
01:02:47,005 --> 01:02:49,825
the concern about data centers. I certainly don't want one here. Um,

832
01:02:51,165 --> 01:02:55,165
I checked with, uh, sonoma clean power, ceo, and he said

833
01:02:55,405 --> 01:02:59,285
we have a very early report system with anyone, uh, looking at data centers.

834
01:02:59,985 --> 01:03:03,465
um, also the staff, I asked the question here, there's been no

835
01:03:04,005 --> 01:03:07,965
reported action, uh, or interest in data centers in sonoma county that he's aware

836
01:03:08,125 --> 01:03:11,735
of, um, and that our staff's aware of in the city of petaluma. Um, still,

837
01:03:12,585 --> 01:03:16,465
uh, in the, it says though there is not a permissible use

838
01:03:16,685 --> 01:03:20,605
within the city's implementing zoning ordinance. There are loopholes that leave

839
01:03:20,885 --> 01:03:24,835
the city vulnerable. And my question to the two council members who put this on is what

840
01:03:25,125 --> 01:03:26,245
are the loopholes that leave us vulnerable?

841
01:03:30,215 --> 01:03:34,005
and would either of the advocates, uh, like

842
01:03:34,245 --> 01:03:35,765
to address that? Council member di carly,

843
01:03:38,615 --> 01:03:42,565
thank you. And I appreciate everybody coming to speak on this. Councilman schibs and I brought it

844
01:03:42,685 --> 01:03:46,375
forward because we do believe it's a very serious issue and there's a lot of concern nationwide

845
01:03:47,045 --> 01:03:50,925
and in our state about this, and a lot of concern based around, you know, things everybody

846
01:03:51,365 --> 01:03:54,445
mentioned. But, uh, you know, certainly water and energy consumption.

847
01:03:55,585 --> 01:03:59,525
um, the amount of land it can take, you know, what that would do, what that would do to us here.

848
01:03:59,765 --> 01:04:03,325
there's also health concerns, um, and, and a whole lot of unknowns about them.

849
01:04:04,505 --> 01:04:08,475
and so, um, you know, we, we just saw over

850
01:04:08,765 --> 01:04:12,405
the hill, there was one proposed in calistoga that's really not that far away.

851
01:04:13,145 --> 01:04:16,875
and, you know, that's arguably, um, a very similar town

852
01:04:17,165 --> 01:04:20,845
in some ways too. You know, you wouldn't expect one to pop up there, but there it was.

853
01:04:21,985 --> 01:04:25,825
and so, you know, in, in initial discussions, uh, with staff, you

854
01:04:26,045 --> 01:04:29,965
know, we talked about doing an ieo update and they've agreed that they want

855
01:04:30,165 --> 01:04:34,075
to do that and put that in there. And I think that's wonderful, you know, but that

856
01:04:34,435 --> 01:04:38,085
does still leave us vulnerable for however long that takes. And best case

857
01:04:38,605 --> 01:04:42,325
scenario, we'd be looking at four months of where we're at now until

858
01:04:42,645 --> 01:04:45,845
that's implemented. And, you know, given how long ieo updates,

859
01:04:46,705 --> 01:04:50,045
how long it's taken to get here, you know, we're, we're way behind on those

860
01:04:51,275 --> 01:04:54,205
four months is the best case scenario. So that could take even longer.

861
01:04:55,385 --> 01:04:59,305
and, um, you know, that said, that's, that's why I think we

862
01:04:59,525 --> 01:05:02,965
should be looking at a moratorium. And the value of a moratorium here

863
01:05:03,545 --> 01:05:07,525
is it actually gives us 12 months to, to really be thorough

864
01:05:08,065 --> 01:05:11,725
to think about it, consider all the different things, because data centers

865
01:05:12,145 --> 01:05:15,795
is a very broad term. And, um, you know, and there's

866
01:05:16,285 --> 01:05:19,405
been a lot of concern about, you know, staff time prioritizing things.

867
01:05:20,505 --> 01:05:24,345
and when you, when we give 12 months to staff to

868
01:05:24,565 --> 01:05:28,005
determine this, to help ban it, you know, that's gonna give them

869
01:05:28,765 --> 01:05:32,495
a lot of time to fit it in with everything else. And then we won't have to worry in the meantime about

870
01:05:33,165 --> 01:05:37,085
anything coming in. So I think the moratorium is a value valuable tool

871
01:05:37,285 --> 01:05:41,285
in that sense. Now, um, you know, what

872
01:05:41,525 --> 01:05:44,285
I'd really like to have on this is, is also a public discussion.

873
01:05:45,945 --> 01:05:49,785
and I feel the public needs to hear our stance on this. It's a great opportunity for

874
01:05:50,005 --> 01:05:53,975
us to declare our values and say that we don't want this here if that's how the entire council feels.

875
01:05:54,665 --> 01:05:58,645
that's how john and I feel. And, um, you know, it, it provides

876
01:05:59,045 --> 01:06:02,335
transparency. It, it, uh, you know, helps with public trust.

877
01:06:03,385 --> 01:06:07,225
um, you know, and we should be discussing things like, like ndas with staff. If,

878
01:06:07,545 --> 01:06:11,525
if somebody comes in and wants to actually discuss something like this, because I think that's an important

879
01:06:11,885 --> 01:06:15,845
thing to have because if we just do an icl update, we're not talking about things

880
01:06:16,125 --> 01:06:20,125
like ndas. And so, um, you know, if, if this prevents

881
01:06:20,525 --> 01:06:24,305
even one data center from being built, I feel it's a very valuable use

882
01:06:24,665 --> 01:06:28,455
of our staff's time and resources. I, I think you were being asked

883
01:06:28,825 --> 01:06:31,885
if you could identify the loopholes that you were referencing.

884
01:06:32,995 --> 01:06:36,725
yeah. I mean, some of them were addressed in the first public comment, so all a developer

885
01:06:37,185 --> 01:06:40,405
has to do is come to town, request a variance, request, new zoning,

886
01:06:41,305 --> 01:06:44,725
and, and they're able to start that process. They go through cqa, they go through all the hoops

887
01:06:45,545 --> 01:06:49,035
and, you know, and, and, and they're, they're rolling.

888
01:06:49,855 --> 01:06:53,835
you know, and one of the things I was assured of when I first started this discussion

889
01:06:54,275 --> 01:06:57,915
is we would never allow a data center to be built here, but I'll let councilman

890
01:06:58,515 --> 01:07:02,105
trips talk about it. But we do have some small ones, and maybe those are okay.

891
01:07:02,805 --> 01:07:06,335
maybe they're not, I don't know. We're gonna have to define it and figure it out. But,

892
01:07:06,975 --> 01:07:10,315
you know, we already have them built and have been assured that they never would be.

893
01:07:11,055 --> 01:07:14,295
so the biggest loophole is somebody coming in and,

894
01:07:15,415 --> 01:07:19,355
you know, it's, I mean, nobody ever thought there would be a six story hotel right

895
01:07:19,555 --> 01:07:23,405
in the center of downtown, yet there were loopholes found and staff

896
01:07:23,755 --> 01:07:25,715
went with it. Councilor barnicle.

897
01:07:27,825 --> 01:07:31,495
okay. I, um, I interested to hear what council member schibs

898
01:07:31,915 --> 01:07:32,035
has found.

899
01:07:36,345 --> 01:07:40,015
okay. The, um, let's get back to the original question, which is, uh, why

900
01:07:40,505 --> 01:07:44,495
even think about a discussion about a moratorium and about timing?

901
01:07:45,415 --> 01:07:49,315
and I think it's the right time to at least have a discussion, whether we go

902
01:07:49,475 --> 01:07:53,435
with it, this or that, or how we define it, or what we ask staff to do. I think at the

903
01:07:53,595 --> 01:07:57,575
right time to do it, uh, to at least have a discussion on this thing, on

904
01:07:57,795 --> 01:08:01,695
this issue. Um, uh, 'cause there is these things happening. So here's, I'm

905
01:08:01,915 --> 01:08:05,615
gonna give you a list of, of what brought me to this conclusion of

906
01:08:06,215 --> 01:08:09,815
the things that are happening in our state and even locally. Um,

907
01:08:10,255 --> 01:08:14,095
so data centers are being supported, uh, by, of course the tech industry and the ai

908
01:08:14,555 --> 01:08:18,005
companies and the global folks working out there. Um, but it's also being supported,

909
01:08:18,665 --> 01:08:22,645
uh, specifically by gavin newsom, our mayor. Our governor is fully supporting him,

910
01:08:22,985 --> 01:08:26,825
and he has the full supporter of the ag department, which is now pushing him

911
01:08:27,345 --> 01:08:31,225
and, and actually seeking out fairgrounds all over the state to, to put these on.

912
01:08:32,445 --> 01:08:36,445
recently, calistoga had a, had a proposal put down for their

913
01:08:36,685 --> 01:08:40,385
fairgrounds, uh, which also included, uh, a heliport for,

914
01:08:40,945 --> 01:08:44,605
um, uh, drones that are transport of people, transporting drones.

915
01:08:45,065 --> 01:08:49,005
so it wouldn't be a standalone thing. So if, if there's laws against standalones

916
01:08:49,955 --> 01:08:53,925
that can be bypassed. There's also, um, one in morgan

917
01:08:54,155 --> 01:08:58,085
hill that was proposed. It's been denied temporarily on a

918
01:08:58,205 --> 01:09:01,765
moratorium. Um, so it's happening there. The largest,

919
01:09:02,395 --> 01:09:05,925
there's a proposal right now in santa clara county to, for the largest

920
01:09:06,705 --> 01:09:10,575
ai data center in the world is being proposed at santa clara,

921
01:09:11,105 --> 01:09:15,065
uh, uh, county right now. And it was probably gonna go through 'cause of the current, uh,

922
01:09:15,485 --> 01:09:19,385
'cause that's where the tech industry is. Another factor we are, uh, are

923
01:09:19,675 --> 01:09:23,385
have been called telecom valley. So we're not silicon valley,

924
01:09:23,865 --> 01:09:27,155
we are telecom valley where we had a fc and we were the leaders of telecom.

925
01:09:28,025 --> 01:09:31,885
we still have all that expertise still here, and there's still a lot of 'em are still working

926
01:09:32,085 --> 01:09:35,815
here. And, um, and because of that, what people don't,

927
01:09:36,305 --> 01:09:40,245
may not realize, we have two data centers here in town already. They're already here.

928
01:09:41,145 --> 01:09:45,125
uh, one is a data center. It's small, it's a pilot study. We have a company

929
01:09:45,425 --> 01:09:49,235
in town that's actually producing special optic tools, optical

930
01:09:49,725 --> 01:09:53,485
cable tools to connecting these servers. And they have a, a testing room. I've seen it,

931
01:09:54,185 --> 01:09:57,725
um, actually a really nice company, uh, local, almost all local

932
01:09:58,605 --> 01:10:02,445
employees, uh, from from the telecom valley. They're working on it. And they're producing

933
01:10:02,935 --> 01:10:06,785
these special little, little things about the size of your thumb, uh, for

934
01:10:07,075 --> 01:10:10,925
data centers from all over the world for tens of millions of dollars right now.

935
01:10:11,185 --> 01:10:15,165
so we actually may be getting a one, one, uh, cent per sale sales tax from, from this

936
01:10:15,325 --> 01:10:19,245
company right now. And they're operating right here in town. A second company,

937
01:10:19,615 --> 01:10:23,605
which people I wasn't even aware of, um, is called, um, it's called

938
01:10:23,885 --> 01:10:27,825
x two n sat. They have a small data center. It's using 1.2,

939
01:10:28,945 --> 01:10:32,845
uh, um, megawatts of power right now. And it

940
01:10:33,405 --> 01:10:37,285
actually serves the satellite community actually is hooked up with satellite

941
01:10:37,445 --> 01:10:41,155
dishes on the roof. And they're actually hooked in right now. And it's a, um, they've

942
01:10:41,645 --> 01:10:45,555
got high tech, um, uh, cooling potential

943
01:10:46,165 --> 01:10:49,845
on there to keep 'em cooled down right now. Not as much water. They're actually using,

944
01:10:50,185 --> 01:10:54,005
um, uh, electricity cooling systems rather than water cooling systems from what I'm

945
01:10:54,205 --> 01:10:57,965
reading here, uh, for my notes. So these are things that are happening right

946
01:10:58,285 --> 01:11:02,225
now. Um, right now in the us there's 1,500 to

947
01:11:02,445 --> 01:11:06,105
3000 data centers be in various stages of, of

948
01:11:06,645 --> 01:11:10,535
construction or proposal in california. Right now, there

949
01:11:10,885 --> 01:11:14,705
are 32 new data centers being planned right now in

950
01:11:14,925 --> 01:11:18,885
california with 2,270 megawatts of additional power.

951
01:11:19,265 --> 01:11:22,885
and where's this power coming from? Um, I thought, oh, they'll do it with solar

952
01:11:23,385 --> 01:11:27,385
and, um, and the light and, and uh, uh, battery backups and

953
01:11:27,605 --> 01:11:31,445
turns out, oh, um, no, they're gonna be using natural gas and even

954
01:11:31,615 --> 01:11:35,405
small nuclear power plants is what's actually being used worldwide right now. So it's

955
01:11:35,645 --> 01:11:38,845
all fossil fuels. So that was a concern. What are they targeting?

956
01:11:39,665 --> 01:11:43,395
not necessarily cities anymore. 'cause there's a lot of cities already. There's four here

957
01:11:43,685 --> 01:11:47,565
in california nearby that are already saying, let's look at it.

958
01:11:48,145 --> 01:11:51,905
so it's already happening here. And in around, uh, california is

959
01:11:52,285 --> 01:11:55,595
actually leadings, there's some legislation right now in california legislature

960
01:11:56,385 --> 01:12:00,245
that's pushing this forward a little bit slowly, but there's two bills right

961
01:12:00,525 --> 01:12:04,285
now on this. Uh, in california there is a,

962
01:12:05,065 --> 01:12:08,965
um, oh, by the way, and even the folks that are, um, what I did, I

963
01:12:09,085 --> 01:12:12,965
did, I used ai to actually do this. I'm using ai almost every day now to do something.

964
01:12:13,825 --> 01:12:17,485
um, and what some of the letters we got in anti a ai saying no data centers,

965
01:12:18,505 --> 01:12:22,305
it was obviously they were produced by ai. So we're using it. Um, and

966
01:12:22,525 --> 01:12:25,965
so it, it, it is gonna be, it's coming, it's gonna be worldwide, it's happening.

967
01:12:26,625 --> 01:12:30,525
um, and there's even more in other countries than even here in the us now, um, being proposed

968
01:12:30,705 --> 01:12:34,345
and done. Um, they use consumption of water. Uh, so

969
01:12:35,155 --> 01:12:39,025
it's the size of facility that matters for large ones. They can

970
01:12:39,245 --> 01:12:43,225
run up to one to 5 million gallons of water a day. Um,

971
01:12:44,785 --> 01:12:48,605
and they're using a huge amount of energy. Uh, we're talking about, uh, uh, on grid.

972
01:12:48,805 --> 01:12:52,765
now they can promise to produce more energy than they use and actually give energy to

973
01:12:52,925 --> 01:12:56,805
the grid, but it's all gonna be fossil fuels or nuclear right now. So these

974
01:12:56,965 --> 01:13:00,735
are the concerns that are happening, uh, right now. And given that we've

975
01:13:01,085 --> 01:13:04,985
already had two proposals here in the bay area, calistoga, and, um,

976
01:13:05,465 --> 01:13:09,405
and are we a sonoma county? A possible target? So yes, sonoma

977
01:13:09,765 --> 01:13:13,245
county is a target. The farmland here is a target. Uh, they may even come through

978
01:13:13,785 --> 01:13:17,615
as a possible offer down the road here at may. So right

979
01:13:17,965 --> 01:13:21,505
now, there is no proposal for us locally in sonoma county. But,

980
01:13:22,425 --> 01:13:26,245
um, in my perspective of looking at the near future, yes, would

981
01:13:26,525 --> 01:13:30,315
they come here and what power do they have to push forward? Maybe not in pen, they

982
01:13:30,605 --> 01:13:34,605
don't. The largest property you have here in town, I think is 18 acres. Small data

983
01:13:34,845 --> 01:13:38,605
center could easily put on 18 acres. Not the big, so it a scale.

984
01:13:39,105 --> 01:13:42,925
so we already have two, uh, in operation. It depends on the

985
01:13:43,155 --> 01:13:47,005
size. What size do you wanna limit? If we say, oh, no big

986
01:13:47,205 --> 01:13:51,085
ones, okay, well then they're gonna come in with a 10 acre one and and maybe

987
01:13:51,285 --> 01:13:54,965
do that. Um, and it's gonna provide service. Does our hospital need a data center? Maybe that's

988
01:13:55,325 --> 01:13:58,725
where it's gonna be. Um, so these small ancillary data centers

989
01:13:59,385 --> 01:14:03,085
we may like to have here. We may want to have technology here. We may want to have telecom

990
01:14:03,565 --> 01:14:07,085
valley again and have, have our, our folks here working

991
01:14:07,585 --> 01:14:11,430
on this and produce ai centers. The small ones that are ancillary and beneficial

992
01:14:11,910 --> 01:14:15,805
to us. We use locally for our local businesses, for our

993
01:14:15,965 --> 01:14:19,905
local hospital, whatever. So that needs to be discussed, um, as

994
01:14:20,125 --> 01:14:24,125
to what is it we want here because we already have it here. So where are we

995
01:14:24,245 --> 01:14:28,125
gonna put the limits on and where, what are we gonna tell the county? Us the city

996
01:14:28,855 --> 01:14:32,845
needs to tell the county, county, hey, hey, awareness, wake up. It may happen.

997
01:14:33,185 --> 01:14:37,125
it may come this next year. Are you prepared? So I just want pre preparation

998
01:14:37,685 --> 01:14:41,205
to happen anyway. That's my rationale as to why it needs to be at least discussed

999
01:14:42,225 --> 01:14:46,125
and thought about and maybe planned ahead. We may not have

1000
01:14:46,285 --> 01:14:50,125
to have taken action right now. It may not have to put on a moratorium 'cause there's no proposals right

1001
01:14:50,325 --> 01:14:54,245
now. And looks like our staff said we have regulations in place to, to slow

1002
01:14:54,525 --> 01:14:58,485
it down, stop it, whatever. I just want to have better planning and to

1003
01:14:58,685 --> 01:15:02,205
move forward so that we're thinking ahead and, and have a future, uh, options

1004
01:15:02,945 --> 01:15:06,925
and actually push it up the scale as to what we want the the county to do. What do

1005
01:15:07,045 --> 01:15:11,005
we want the state to do? Let's have a voice in this matter. So that's why now I think it's

1006
01:15:11,245 --> 01:15:15,045
important to do it now, okay. Rather than later. Anyway, that's my discuss. Council member

1007
01:15:15,285 --> 01:15:19,085
barn. Does that answer the question you asked? No, it doesn't, but that's all right.

1008
01:15:19,345 --> 01:15:23,245
um, I don't doubt that a fallow vineyard is a, is is a target

1009
01:15:23,665 --> 01:15:27,465
and that the, the downturn in the wine industry makes our county a target for,

1010
01:15:27,745 --> 01:15:31,495
for data centers. Um, but I don't see prime

1011
01:15:31,875 --> 01:15:35,225
real estate in the heart of our, in, in our city being, um,

1012
01:15:36,335 --> 01:15:40,305
being a target for this. Um, and I don't see, um,

1013
01:15:42,155 --> 01:15:45,595
like some of the, the commenters talked about san jose. San jose

1014
01:15:46,605 --> 01:15:50,405
explicitly allows data centers in their commercial general combined industrial,

1015
01:15:50,805 --> 01:15:54,525
commercial, industrial park, light, industrial, heavy industrial transit employment

1016
01:15:55,085 --> 01:15:58,805
centers. All of them allowed explicitly. Petaluma doesn't even define

1017
01:15:59,165 --> 01:16:03,005
it. The closest we come is exactly what you described, which is a

1018
01:16:03,285 --> 01:16:07,245
business that does processing and, and equipment and things like that, having a

1019
01:16:07,365 --> 01:16:11,205
data center there to support their business. And with a co with

1020
01:16:11,485 --> 01:16:14,685
a council that says that we support business and we want to see economic development

1021
01:16:15,665 --> 01:16:19,625
to then take a business that's generating tens of millions of dollars for our city and

1022
01:16:19,845 --> 01:16:23,725
saying we don't want another one of those because of a small, uh, a small

1023
01:16:23,925 --> 01:16:27,065
data center in their facility. Um, I think that, uh,

1024
01:16:28,055 --> 01:16:32,045
we're, um, putting a moratorium on that is the wrong thing to

1025
01:16:32,165 --> 01:16:36,085
do. Addressing it in our zoning code where we're actually addressing policy and we're

1026
01:16:36,285 --> 01:16:39,875
talking about policy is, uh, the right way to approach something

1027
01:16:40,485 --> 01:16:43,905
like this. Um, the other thing is, is

1028
01:16:45,095 --> 01:16:48,505
there are, um, the idea that we can walk and chew gum,

1029
01:16:49,605 --> 01:16:53,505
absolutely we can, we do it every day. Um, the idea that we can

1030
01:16:54,085 --> 01:16:57,785
continuously add more things to our plate without compromising the

1031
01:16:58,365 --> 01:17:02,285
amount that we show up for our mobile home parks, because our city attorney is ultimately gonna

1032
01:17:02,485 --> 01:17:06,275
be involved in this, um, is, you know, like there's

1033
01:17:06,765 --> 01:17:10,555
only so much that we can load on our staff. And I don't think that

1034
01:17:10,845 --> 01:17:14,565
this is a risk to our city right now. What I do see every day

1035
01:17:15,025 --> 01:17:18,805
is people not being able to afford housing here. Like it's not lost

1036
01:17:19,045 --> 01:17:22,905
on me that people my age that are on this council or people on that are not

1037
01:17:23,125 --> 01:17:27,005
my age on, on this council, but have kids. All of them, if we're, if they're living in this city,

1038
01:17:27,445 --> 01:17:31,445
have been helped by their family members, and that's not, that's not the city that I

1039
01:17:31,565 --> 01:17:35,525
wanna work on, or that's not the city I want to govern. I want to try and address those problems.

1040
01:17:35,885 --> 01:17:39,565
those are real problems that I think we should be focused on. And this right here,

1041
01:17:40,145 --> 01:17:44,125
put it into the zoning code update, put it into the general plan update. We've got four planning

1042
01:17:44,355 --> 01:17:47,845
processes running right now, and we want to add in an emergency

1043
01:17:48,415 --> 01:17:51,955
moratorium for a problem that currently

1044
01:17:52,565 --> 01:17:56,285
doesn't exist. We have zero applications in the, in the works anywhere in the county.

1045
01:17:57,105 --> 01:18:01,085
and neither one of you could identify a loophole yet. You said there was loopholes.

1046
01:18:02,025 --> 01:18:05,755
I'm just like, what problem are we trying to solve other than like,

1047
01:18:06,065 --> 01:18:09,795
we need this. So I'm a, I'm a no on this because it's

1048
01:18:10,085 --> 01:18:13,845
a distraction. Okay. Uh, council member quint.

1049
01:18:15,795 --> 01:18:19,765
yeah, I, you know, I, I'll share, as I was hearing, uh, listening to

1050
01:18:19,925 --> 01:18:23,325
council member di carly and, um, and, and the,

1051
01:18:24,345 --> 01:18:28,045
the members of the audience speak, the first question that came to my mind was, I wanna understand

1052
01:18:28,445 --> 01:18:32,445
the loopholes. And, uh, so thank you council member barnacle for

1053
01:18:32,645 --> 01:18:36,305
answering that because if there are loopholes, I really wanna understand it. One

1054
01:18:36,765 --> 01:18:40,745
question that I have, and I don't know if this is for the city attorney or not, but in our,

1055
01:18:41,185 --> 01:18:45,095
in our izo, um, if something isn't

1056
01:18:46,645 --> 01:18:50,105
specifically identified as a permissible use,

1057
01:18:51,145 --> 01:18:54,265
how is that treated as an impermissible use?

1058
01:18:55,765 --> 01:18:59,745
and can you define that for the layperson? Sure. It means, it, it means effectively we

1059
01:18:59,905 --> 01:19:03,625
have a ban on that use unless, and until the council chooses to amend it

1060
01:19:04,125 --> 01:19:08,085
and lift it. Got it. So, um, how

1061
01:19:08,305 --> 01:19:12,185
would, like, just in terms of the discussion of loopholes, can you

1062
01:19:12,345 --> 01:19:15,725
give your point of view in terms of how

1063
01:19:16,365 --> 01:19:20,325
at risk we are from loopholes? Thank you. Um,

1064
01:19:20,545 --> 01:19:22,725
council member quinn, I'd be happy to do that. Um,

1065
01:19:25,005 --> 01:19:28,905
so we have looked at this issue because

1066
01:19:29,415 --> 01:19:33,265
there's no debate about the potential impacts of, of large data

1067
01:19:33,545 --> 01:19:37,095
centers and standalone data centers that members of the public has spoken about, council

1068
01:19:37,705 --> 01:19:41,625
members have spoken about. Um, we're seeing the literature about that. There's lots of discussion

1069
01:19:42,105 --> 01:19:45,885
among municipalities about that. But the issue is,

1070
01:19:46,285 --> 01:19:50,185
are we at risk of having, of the council having to approve a use because it's already permitted.

1071
01:19:50,765 --> 01:19:54,415
and the answer that we see when we review the code is no. Um, because

1072
01:19:55,675 --> 01:19:59,585
standalone data centers, large data centers are not a permitted use in our code like

1073
01:19:59,865 --> 01:20:03,825
they are in san jose as council member and other jurisdictions as council member barnacle has

1074
01:20:03,985 --> 01:20:07,845
pointed out. So, um, so we don't see the

1075
01:20:08,005 --> 01:20:11,285
risk. Um, I'd like to draw a comparison to the last time

1076
01:20:12,295 --> 01:20:15,355
staff were recommended and brought forward, um, moratoria

1077
01:20:16,705 --> 01:20:20,705
on a use in petaluma. And that was when, um, the council had

1078
01:20:20,925 --> 01:20:23,025
already indicated a desire to, um,

1079
01:20:25,345 --> 01:20:29,345
um, to, to prohibit future new

1080
01:20:29,625 --> 01:20:33,185
gas station uses in the city. Um, and

1081
01:20:33,825 --> 01:20:37,475
we recommended and brought forward to the council. And the council enacted

1082
01:20:38,315 --> 01:20:42,265
moratoria first the urgency one that can last 45 days, and

1083
01:20:42,485 --> 01:20:46,205
then the renewal that you have to start on immediately because the first one will last 45

1084
01:20:46,645 --> 01:20:50,485
days that can extend it a year. Um, I don't think we needed the third renewal

1085
01:20:50,925 --> 01:20:54,805
that could take it up to three years. Um, and that, and we recommended that

1086
01:20:55,155 --> 01:20:58,905
because it was a real risk because we knew there were, um,

1087
01:21:00,055 --> 01:21:03,605
developers that were in interested in, in proposing

1088
01:21:04,145 --> 01:21:08,045
gas station uses, and it was a permitted use in the city. And there was

1089
01:21:08,395 --> 01:21:12,365
land that was developable where it was a permitted use. So I would

1090
01:21:12,925 --> 01:21:16,585
contrast with that, with our, our current circumstance. And so if we,

1091
01:21:17,695 --> 01:21:21,545
given the council concerns, given the community concerns, given our

1092
01:21:21,765 --> 01:21:25,695
own awareness as staff of the potential negative impacts of large

1093
01:21:26,045 --> 01:21:30,035
data centers and standalone data centers, if we thought there was a wi risk, we'd

1094
01:21:30,325 --> 01:21:33,845
be already working on it. And so, and, and certainly,

1095
01:21:34,985 --> 01:21:38,885
um, you know, anticipating the council directing us if we weren't already working on

1096
01:21:39,325 --> 01:21:43,305
it. So the other thing I wanted to mention procedurally is that for

1097
01:21:43,865 --> 01:21:47,535
the city council, for the city to enact a moratorium

1098
01:21:48,865 --> 01:21:51,685
that's under section 6, 5 8 5 8 in the government code,

1099
01:21:53,025 --> 01:21:56,885
um, we need to make findings, urgency findings, that there's

1100
01:21:57,125 --> 01:22:01,045
a risk, um, with respect to a change in the land

1101
01:22:01,285 --> 01:22:04,665
use scheme, that the council wants to freeze

1102
01:22:05,305 --> 01:22:09,245
the status quo, um, because of that risk while it's considering,

1103
01:22:10,185 --> 01:22:14,045
um, legislative change. And, and so we have to have those urgency

1104
01:22:14,525 --> 01:22:18,325
findings about what the risk is, excuse me.

1105
01:22:19,025 --> 01:22:22,845
um, and, and it's like the risks are like the ones I described

1106
01:22:23,205 --> 01:22:27,105
that, that were real risks when, when the council was considering, and in fact ultimately did

1107
01:22:27,325 --> 01:22:31,165
adopt what was the first, um, ban on new gas stations in the united states.

1108
01:22:33,705 --> 01:22:36,885
so I, we, I

1109
01:22:37,845 --> 01:22:41,385
I I think we'd have a difficult time making those findings in this case. Um,

1110
01:22:42,305 --> 01:22:46,195
and the reason why is because we don't have a risk, because

1111
01:22:46,735 --> 01:22:50,535
we're protected by the fact that we have a defacto ban already against large

1112
01:22:50,885 --> 01:22:54,125
data centers and new data centers. 'cause they're not a permitted use. And what's

1113
01:22:54,945 --> 01:22:58,615
what's helpful for us about that is, um, let's

1114
01:22:58,965 --> 01:23:01,945
see, I was gonna look at the timing that staff provided regarding the,

1115
01:23:03,185 --> 01:23:06,595
um, updates that are, that are already scheduled.

1116
01:23:07,305 --> 01:23:10,325
so there's a planning commission session scheduled for august 11th,

1117
01:23:12,025 --> 01:23:15,725
um, that's a study session, uh, planning commission, public hearing

1118
01:23:16,045 --> 01:23:19,285
scheduled for september 8th and city council first reading october 5th

1119
01:23:21,305 --> 01:23:25,235
on zoning code updates. And that is a wonderful and a lovely time

1120
01:23:25,625 --> 01:23:29,065
for the whole community and the council to have this discussion. Um,

1121
01:23:29,915 --> 01:23:33,465
that I think is probably because it's not a permitted use now

1122
01:23:34,385 --> 01:23:38,125
is probably gonna have to, I anticipate ha it having a different focus,

1123
01:23:38,475 --> 01:23:41,725
more like the one council member barnacle just suggested. And that is

1124
01:23:43,205 --> 01:23:47,005
recognizing that large data centers, standalone data centers

1125
01:23:47,425 --> 01:23:50,395
are not a permitted use. What

1126
01:23:51,585 --> 01:23:55,265
policy does the council want to consider and potentially adopt and,

1127
01:23:55,745 --> 01:23:59,005
and, you know, and receive public comment about, and staff recommendations

1128
01:23:59,925 --> 01:24:03,685
about to ensure that uses like we have in place

1129
01:24:04,065 --> 01:24:08,055
now that don't present the, um, water usage, power usage,

1130
01:24:08,655 --> 01:24:12,545
other nuisance conditions, risks, um, um, to

1131
01:24:12,765 --> 01:24:16,765
the public, um, such as large and standalone data centers do so that

1132
01:24:16,845 --> 01:24:20,265
we can have that economic development, um,

1133
01:24:22,065 --> 01:24:25,745
in a way from businesses that's, that don't raise those threats. So,

1134
01:24:26,665 --> 01:24:30,645
so that's what I would say in answer to that

1135
01:24:31,005 --> 01:24:34,885
question if I missed anything. Oh, one, one other thing is, um, and this is quick.

1136
01:24:35,185 --> 01:24:38,525
so the loophole that the vice mayor

1137
01:24:39,285 --> 01:24:43,005
identified is always a risk. And that is,

1138
01:24:45,315 --> 01:24:48,405
right now the zoning code

1139
01:24:49,485 --> 01:24:52,295
does not permit large data centers, standalone data centers.

1140
01:24:54,115 --> 01:24:57,475
um, an applicant could come forward

1141
01:24:58,935 --> 01:25:01,995
and apply for a discretionary

1142
01:25:02,995 --> 01:25:06,795
decision by the council that would be subject to environmental review and discretionary deliberation

1143
01:25:07,355 --> 01:25:11,275
by the council to add that use as a permitted

1144
01:25:11,595 --> 01:25:13,955
use to make his zoning amendment. And if the council,

1145
01:25:15,975 --> 01:25:19,955
um, w in the course of the zoning amendments that are planned

1146
01:25:20,195 --> 01:25:24,105
that I just talked about, the scheduling of, um, were

1147
01:25:24,455 --> 01:25:27,755
to prohibit that use or

1148
01:25:28,515 --> 01:25:32,065
permit it in limited circumstances as an ancillary use, it could still,

1149
01:25:32,635 --> 01:25:36,535
in response to subsequent action or later, counsel could still change that.

1150
01:25:36,715 --> 01:25:40,365
so that it's not really a loophole. The possibility of, of discretionary

1151
01:25:41,215 --> 01:25:44,485
legislative change always exists, but it's only

1152
01:25:45,505 --> 01:25:49,295
based on a, the decision of a majority of the council. So I, I don't think

1153
01:25:50,475 --> 01:25:54,375
unless the council will be inclined to improve, approve such a thing, I don't think that's a real

1154
01:25:54,495 --> 01:25:58,435
risk. 'cause the council gets to control that. So that's, that, that concludes my,

1155
01:25:58,915 --> 01:26:02,515
my answer. If there are more questions, we'd be happy to address 'em. So,

1156
01:26:03,265 --> 01:26:07,185
so I'm satisfied from that, that our current, um,

1157
01:26:08,365 --> 01:26:11,125
situation is that we don't have a lot of, we don't have any loopholes.

1158
01:26:12,385 --> 01:26:16,085
and if anyone disagrees with that, I, I'd welcome your input

1159
01:26:17,155 --> 01:26:21,005
from my perspective, um, you know, I don't know if I could

1160
01:26:21,465 --> 01:26:25,465
act like the mayor for a moment. I'd like to see a show of hands from the council who

1161
01:26:25,685 --> 01:26:29,165
here is in favor of a standalone data center in petaluma

1162
01:26:29,925 --> 01:26:33,505
. Um, seeing no hands. Okay, so my point is

1163
01:26:34,275 --> 01:26:38,145
that from my perspective, none of us want it. And, um,

1164
01:26:39,305 --> 01:26:43,265
and so, so the question at hand is do we

1165
01:26:44,145 --> 01:26:47,185
act immediately to stop some threat

1166
01:26:48,645 --> 01:26:51,915
that doesn't exist right now?

1167
01:26:52,875 --> 01:26:56,835
or do we wait a couple of months, a few months and

1168
01:26:57,055 --> 01:27:00,775
address it in the zoning code? And so, so that's kind of the

1169
01:27:01,175 --> 01:27:05,175
question from my perspective. And when, you know,

1170
01:27:05,315 --> 01:27:09,215
if there is, um, if there, if there's things being thrown out, they give us

1171
01:27:09,405 --> 01:27:12,495
anxiety, like the data centers are coming in and they're gonna overrun our fairgrounds,

1172
01:27:13,435 --> 01:27:17,355
uh, like they are in calistoga. To me that feels a little bit,

1173
01:27:18,115 --> 01:27:21,615
um, like, you know, just trying to create fear and anxiety.

1174
01:27:22,675 --> 01:27:26,615
and what I would say to that is, and again, this is just, this is me

1175
01:27:26,815 --> 01:27:30,615
using ai, hopefully it's from a, a data center that's in iowa.

1176
01:27:31,435 --> 01:27:35,175
um, you know, I just asked the question, you know, what, what's going

1177
01:27:35,495 --> 01:27:39,165
on in calistoga? And the proposal was not a formal development

1178
01:27:39,855 --> 01:27:42,615
application, it was a conceptual presentation

1179
01:27:44,045 --> 01:27:47,995
made by a private company. Um, and I, you

1180
01:27:48,215 --> 01:27:51,865
know, it was, you know, appro, uh, the approximate use of five acres

1181
01:27:52,435 --> 01:27:56,275
on a 70 acre site. Um, it, it

1182
01:27:56,555 --> 01:28:00,255
was a presentation, it wasn't a formal proposal.

1183
01:28:01,115 --> 01:28:04,905
and what happened, uh, no application was ever filed,

1184
01:28:05,995 --> 01:28:09,575
no entitlement process began, no environmental review occurred

1185
01:28:10,105 --> 01:28:13,965
after the public backlash. Calistoga deputy city

1186
01:28:14,255 --> 01:28:18,055
manager stated that the city would not pursue this idea further.

1187
01:28:18,915 --> 01:28:22,635
and discussions with global stack ended. And, uh,

1188
01:28:23,085 --> 01:28:26,755
that fairgrounds is, hasn't been in use since 2012.

1189
01:28:28,045 --> 01:28:31,085
it's completely, uh, dilapidated

1190
01:28:32,195 --> 01:28:36,015
and overrun and or overgrown. And it, it, it doesn't,

1191
01:28:36,755 --> 01:28:40,735
um, from my perception, it doesn't represent what we're dealing with

1192
01:28:41,015 --> 01:28:44,725
here. And so I would suggest

1193
01:28:45,485 --> 01:28:49,415
that we, instead of creating a distraction for staff to

1194
01:28:49,775 --> 01:28:53,175
work on that, we let them address this in the code update

1195
01:28:53,915 --> 01:28:57,915
the zone update. Thank you, council member. Now. Um,

1196
01:28:58,135 --> 01:29:02,125
well thank you council member quint, because, um, two weeks ago I didn't

1197
01:29:02,325 --> 01:29:06,325
know what a data center was, and I had to go to ai to ask them what a

1198
01:29:06,445 --> 01:29:10,165
data center was, but bringing up the fairgrounds, one thing that makes

1199
01:29:10,585 --> 01:29:13,865
our fairgrounds different, and I wanna smash all rumors,

1200
01:29:15,265 --> 01:29:18,445
the other fairgrounds are mainly owned by the state of california.

1201
01:29:19,865 --> 01:29:23,285
so our governor could, you know, suggest a data center.

1202
01:29:24,325 --> 01:29:28,005
petaluma owns its fairgrounds, we have control

1203
01:29:28,445 --> 01:29:31,925
of it, and no data center's gonna go there.

1204
01:29:32,705 --> 01:29:36,125
and please spread that rumor. The other thing is,

1205
01:29:36,725 --> 01:29:40,045
I applaud the two council members who brought this forward because

1206
01:29:41,115 --> 01:29:45,065
it's the protocol to, if a council member wants to

1207
01:29:45,285 --> 01:29:49,085
have a discussion about something, you can't talk to more than two council

1208
01:29:49,405 --> 01:29:53,205
members, or it's a brown act violation. So you have to put it

1209
01:29:53,705 --> 01:29:57,485
on an agenda request through these channels.

1210
01:29:58,625 --> 01:30:02,085
and it comes to the consent calendar. I welcome this discussion,

1211
01:30:03,065 --> 01:30:06,605
but everything our city attorney said in, I don't know, maybe

1212
01:30:07,305 --> 01:30:11,085
two, three minutes, I would like to read two or three times. So this

1213
01:30:11,365 --> 01:30:14,805
is the reason we put it on an agenda so that the city attorney

1214
01:30:15,625 --> 01:30:19,605
can write all those words down and we can read it and read it and read

1215
01:30:19,805 --> 01:30:23,765
it until we understand legalese. So I really want our city

1216
01:30:24,065 --> 01:30:27,705
to be proactive. But, um, 20 years ago,

1217
01:30:28,105 --> 01:30:31,925
and the city attorney can remind me when we had a request for a

1218
01:30:32,285 --> 01:30:36,245
ban on plastic bags, and I don't remember if it was ordinance

1219
01:30:36,685 --> 01:30:40,515
or a ban, but it took, what, 20 years to have that

1220
01:30:41,005 --> 01:30:45,005
ban in place. And they first came to the cities and there were

1221
01:30:45,125 --> 01:30:48,395
some legal issues. So, um, we wanna be proactive

1222
01:30:49,345 --> 01:30:52,235
and I suggest that our climate committee

1223
01:30:53,705 --> 01:30:57,325
brings something to us as well, because I would like to hear from them.

1224
01:30:57,785 --> 01:31:01,585
that's what they're for. And I believe mr. Rebs, you are the

1225
01:31:01,955 --> 01:31:05,765
liaison to that climate committee, and I don't know if they've ever talked

1226
01:31:06,045 --> 01:31:10,025
about it. Um, and then we need to have the staff report

1227
01:31:11,145 --> 01:31:14,275
and our vulnerability and the legal details,

1228
01:31:15,385 --> 01:31:18,015
and then we have a very robust public discussion.

1229
01:31:19,425 --> 01:31:23,365
and do we, what do we add to the general plan council member

1230
01:31:23,645 --> 01:31:27,565
barnacles is right in october, we're gonna be hearing about zoning. I'm looking

1231
01:31:27,765 --> 01:31:31,465
forward to that discussion and what we

1232
01:31:31,785 --> 01:31:35,435
can do and put in place for our next 20 years general plan.

1233
01:31:36,265 --> 01:31:40,125
so, um, I look forward to that. And I thank everybody who came and

1234
01:31:40,285 --> 01:31:43,885
spoke today. I thank everybody who texted me, phoned me,

1235
01:31:44,395 --> 01:31:48,055
emailed me, and caught me on the streets or in social media

1236
01:31:48,425 --> 01:31:52,405
and had a conversation. But please know that none of us are in favor

1237
01:31:52,905 --> 01:31:56,645
of a data center in petaluma. Thank you. Council member

1238
01:31:56,925 --> 01:31:57,405
cater thompson.

1239
01:32:01,615 --> 01:32:05,475
uh, thank you. Yeah, I am I'm actually looking forward to, um, the zoning code. We've

1240
01:32:05,795 --> 01:32:09,755
been waiting for a long time, and that's right around the corner. And I hope everybody that spoke

1241
01:32:09,995 --> 01:32:13,895
tonight actually participates in that and sends information in. And

1242
01:32:14,115 --> 01:32:17,945
I just wanna bring up, um, you know, just

1243
01:32:18,235 --> 01:32:21,585
another comment. There is a council member that continues, continually

1244
01:32:22,275 --> 01:32:25,555
brings up that we need an amazon distribution center in, in petaluma,

1245
01:32:26,575 --> 01:32:29,795
one of the locations was close to the deer creek shopping center.

1246
01:32:30,935 --> 01:32:34,195
and, you know, when we're doing zoning codes, I wanna make sure that that is also

1247
01:32:34,955 --> 01:32:38,795
included. That we do not have, excuse, excuse me, we're staying focused on,

1248
01:32:39,295 --> 01:32:43,125
on, uh, whether to agendize. I, I understand that, but we're talking about, we're

1249
01:32:43,475 --> 01:32:47,435
talking about zoning and I understand what we're talking about. But they do

1250
01:32:47,635 --> 01:32:51,515
cross and they are both impactful. And so I think this should be done during

1251
01:32:51,915 --> 01:32:55,795
the zoning, which is right around the corner. But people need to participate.

1252
01:32:56,875 --> 01:33:00,515
'cause it, this is, data centers are not something we want.

1253
01:33:01,175 --> 01:33:05,075
we understand, um, the ne negatives about those, the water,

1254
01:33:05,415 --> 01:33:09,235
the electricity, the sound that's well known, and that's

1255
01:33:09,515 --> 01:33:13,435
not what we want in our town. And just to reiterate, that's why we took the

1256
01:33:13,635 --> 01:33:16,475
fairgrounds back. So we had control. There are 54,

1257
01:33:18,015 --> 01:33:21,435
um, daas in the county, in the state,

1258
01:33:22,215 --> 01:33:25,835
and we are not one of those. And I applaud the council for pulling

1259
01:33:26,495 --> 01:33:30,315
out and taking back our fairgrounds for these very reasons. So we have

1260
01:33:30,565 --> 01:33:34,035
total control of what happens in our community. Thank you.

1261
01:33:36,255 --> 01:33:40,195
uh, thank you. Council member de carley something. Yeah, no, I'd like to respond

1262
01:33:40,475 --> 01:33:44,355
to a lot of that since it's, I, I, I don't think we wanna respond. I think we, we wanna say whether

1263
01:33:44,555 --> 01:33:48,395
we have, um, this to be agendized in the next meeting. This is not the discussion

1264
01:33:49,095 --> 01:33:53,085
of ai or data center. This is the discussion of izing

1265
01:33:53,455 --> 01:33:57,455
it. So you have an opinion and you should express your opinion on why

1266
01:33:57,705 --> 01:34:00,275
it's an imperative to you. Yes, I understand my role.

1267
01:34:02,215 --> 01:34:05,835
so, um, basically it's called being proactive and getting out front of something.

1268
01:34:06,495 --> 01:34:10,115
you know, I feel like, uh, a lot of times we, we aren't, and then,

1269
01:34:10,615 --> 01:34:14,075
you know, there's lawsuits, there's a lot more staff time that goes into something. There's more council

1270
01:34:14,915 --> 01:34:18,795
meetings that are required and time. It's, it's, uh, this is, this is an

1271
01:34:18,955 --> 01:34:22,915
opportunity to be proactive here. I mean, it's, it's really that simple and it's a

1272
01:34:22,995 --> 01:34:26,795
very real issue. And I don't, I don't think that anybody pretending it isn't.

1273
01:34:27,535 --> 01:34:31,355
um, and then saying that they don't want data centers is, that doesn't make sense

1274
01:34:31,555 --> 01:34:34,955
either. So, you know, a concern that

1275
01:34:35,585 --> 01:34:39,455
john and I looked at and what does the moratorium look like was, you

1276
01:34:39,675 --> 01:34:43,035
know, we, this would be part of the discussion. We determine,

1277
01:34:43,735 --> 01:34:47,575
you know, what, what supporting infrastructure is to an existing business and

1278
01:34:47,795 --> 01:34:51,655
determine how many square feet that is. So we could be looking at something like, you

1279
01:34:51,875 --> 01:34:55,795
know, it's a moratorium, but under a thousand square feet it's allowed, you know, that's an

1280
01:34:55,915 --> 01:34:59,805
example of it. And then that way you're not prohibiting anything that should be allowed

1281
01:35:00,465 --> 01:35:04,385
is gonna contribute to our economy and to the betterment of our city. That's

1282
01:35:04,805 --> 01:35:08,665
just one way. But we can't determine that without a discussion. And

1283
01:35:08,945 --> 01:35:12,455
so I will make sure this is working because, um, councilman

1284
01:35:13,125 --> 01:35:16,895
barnacle, you know, you said, I didn't describe a loophole, but I did thank

1285
01:35:17,245 --> 01:35:20,165
you city attorney danley, for describing it in detail.

1286
01:35:21,305 --> 01:35:25,165
but, um, it's, it's as simple as the zoning text amendment. And you just

1287
01:35:25,425 --> 01:35:29,325
had a former, um, planning commissioner with four years of experience

1288
01:35:30,005 --> 01:35:33,425
watching this happen over and over and over again, and just, and

1289
01:35:34,345 --> 01:35:38,135
you just admitted it was possible. You know, it's, maybe it's harder, maybe

1290
01:35:38,485 --> 01:35:42,045
it's not as easy of a path, but it is possible through a zoning text amendment.

1291
01:35:43,825 --> 01:35:47,645
and, you know, I, again, I want to go back to wasting staff's time on

1292
01:35:47,845 --> 01:35:51,805
this. 'cause that was kind of one of your points is that it's gonna waste a lot of staff's time. But how did

1293
01:35:51,965 --> 01:35:55,665
you feel about staff's time during the bathtubs? You know, the community didn't

1294
01:35:56,085 --> 01:36:00,085
walk down. I think we're, we're varying off of, uh, the topic. I, no, I right back on. No, I can finish

1295
01:36:00,245 --> 01:36:04,045
it. So, you know, I think we need to listen to what the public

1296
01:36:04,255 --> 01:36:08,165
wants here. I think we need a standalone discussion on this. Not to

1297
01:36:08,285 --> 01:36:11,875
just loop it in with the izo updates, though I do appreciate that because

1298
01:36:12,365 --> 01:36:15,565
that is what I ultimately want to see. But this deserves its own discussion

1299
01:36:16,705 --> 01:36:20,565
and the public wants this conversation. And that's what I'm trying to get here. Agendized

1300
01:36:21,165 --> 01:36:25,085
here, you know, and I didn't find, I do find it strange that there's so much

1301
01:36:25,365 --> 01:36:28,795
pushback on this because this should really be a nonpartisan issue amongst

1302
01:36:29,385 --> 01:36:32,605
my colleagues and I thank you.

1303
01:36:33,425 --> 01:36:37,125
um, and for my part, um, this is just an discussion of whether

1304
01:36:37,515 --> 01:36:41,435
this should be on tonight's agenda in a minute I'll

1305
01:36:41,725 --> 01:36:45,725
explain what the voting means when we get to that such and such part.

1306
01:36:46,545 --> 01:36:49,555
um, but I do think the conversation about, um, loopholes

1307
01:36:50,665 --> 01:36:54,595
is, uh, a question of what one's perception is. Um, certainly,

1308
01:36:55,425 --> 01:36:59,385
um, what looks like process in public process to

1309
01:36:59,995 --> 01:37:03,725
most of us often feels like a loophole. I mean,

1310
01:37:04,005 --> 01:37:08,005
a loophole means, did it, it could get done. Well, if it gets done by a

1311
01:37:08,125 --> 01:37:11,605
public process, not a trick, then it's not a loophole.

1312
01:37:12,195 --> 01:37:15,845
it's part of the public process. Now, moratorium is a process,

1313
01:37:16,665 --> 01:37:20,545
and what we find is we need to have a finding for it. We don't have the basis for

1314
01:37:20,765 --> 01:37:24,565
that. Um, so we don't, we don't have something we can do

1315
01:37:24,945 --> 01:37:27,675
in terms of a moratorium. There's no, the urgency,

1316
01:37:29,205 --> 01:37:32,765
qualification's not there. So it doesn't have public process.

1317
01:37:33,425 --> 01:37:37,245
if we did have a moratorium on something, um, the loophole

1318
01:37:37,855 --> 01:37:41,825
would be public process. The things that we're worried about getting public input on and

1319
01:37:42,525 --> 01:37:46,105
participation on are all part of public process. Uh,

1320
01:37:46,725 --> 01:37:50,645
I concur that, um, that we do not want, uh, that would not

1321
01:37:50,805 --> 01:37:54,555
be a beneficial use for any lands within the city to, uh, have

1322
01:37:54,995 --> 01:37:58,465
data center here that does fly in the face of

1323
01:37:59,575 --> 01:38:03,225
large economic interest, ai data center, big

1324
01:38:03,725 --> 01:38:07,625
powerful interest. So I am, um, I'm interested in, in

1325
01:38:07,845 --> 01:38:11,805
getting this tightly in to our izo. We have the opportunity

1326
01:38:12,325 --> 01:38:16,275
for a workshop in the next month and a half in, in the august, september window that

1327
01:38:16,565 --> 01:38:20,485
the planning commission is already scheduled for. We've said that this needs to be a

1328
01:38:20,765 --> 01:38:24,525
priority. Staff has heard that this is an issue that should be in the front end of the

1329
01:38:24,805 --> 01:38:28,245
izo conversations. So I think that that is, uh, the

1330
01:38:28,925 --> 01:38:32,735
adequate and correct place. Uh, we talked about staff

1331
01:38:33,435 --> 01:38:37,085
utilization of staff time. I would rather they did it in the correct process

1332
01:38:37,825 --> 01:38:41,705
to really put the right nails into it for the workshop they already intend, rather

1333
01:38:42,125 --> 01:38:45,995
than divert the work planning away from the ice out issues away

1334
01:38:46,285 --> 01:38:50,285
from the mobile home park issues, away from the other priorities that we have.

1335
01:38:51,395 --> 01:38:55,205
it's, I wish the city to achieve more,

1336
01:38:56,205 --> 01:38:59,295
more and better. And I think that works by having it done efficiently.

1337
01:39:00,915 --> 01:39:04,315
so, um, with everybody having weighed in, um,

1338
01:39:06,195 --> 01:39:09,715
uh, we can, we have a

1339
01:39:10,275 --> 01:39:14,235
situation here where the, uh, tenant agenda is listed. It does

1340
01:39:14,495 --> 01:39:18,315
not list the added item of a discussion or of an action,

1341
01:39:19,295 --> 01:39:22,915
um, for, um, as recommended or requested

1342
01:39:23,395 --> 01:39:26,535
by the participants there, uh, and the advocates. So

1343
01:39:27,895 --> 01:39:31,715
due to council rules, if those are, uh, if, if a request

1344
01:39:32,095 --> 01:39:35,515
is made by two council members, it gets put up to this level.

1345
01:39:36,455 --> 01:39:40,295
so the, the motion that's on the floor right now is

1346
01:39:41,375 --> 01:39:45,015
do we have the dis the discussion added to? So

1347
01:39:45,935 --> 01:39:49,735
if we, if we make that motion, then the yes

1348
01:39:50,395 --> 01:39:54,255
position is we're adding that as an agenda item. And

1349
01:39:54,895 --> 01:39:58,875
if we vote no, we're saying we don't want any of that agenda proof, make a new

1350
01:39:58,995 --> 01:40:02,455
motion . And then the alternate is if the motion made is

1351
01:40:03,705 --> 01:40:07,695
approve it as is without the request, then the

1352
01:40:07,875 --> 01:40:10,815
yes is approve it without the change.

1353
01:40:11,915 --> 01:40:15,495
so do we have a motion from the floor? Council member? Barnacle?

1354
01:40:16,435 --> 01:40:20,155
go ahead. Council member, um, um, sch, um,

1355
01:40:20,845 --> 01:40:24,555
yeah, I'll, I'll given the discussion and what we've heard, um,

1356
01:40:25,275 --> 01:40:29,175
I'd like to amend the motion if I may. Um, I'd like

1357
01:40:29,295 --> 01:40:33,255
to, instead of a calling for an immediate moratorium, which is

1358
01:40:33,525 --> 01:40:37,415
what we would like to have, what we've originally suggested, given what staff has

1359
01:40:37,615 --> 01:40:41,495
said and what you have just said about maybe postponing to actually putting it into a

1360
01:40:41,855 --> 01:40:45,655
workshop or, or future to discuss. Because the loopholes we have too,

1361
01:40:47,035 --> 01:40:50,815
um, already in town, it just, it's a size. Are they small,

1362
01:40:51,315 --> 01:40:54,845
medium or large? Small. We already have, what's the motion? So the amendment would be,

1363
01:40:55,495 --> 01:40:59,485
let's have a discussion, um, later on this year and just

1364
01:40:59,685 --> 01:41:03,435
say, we would like to have that in order to, um, um, have

1365
01:41:03,765 --> 01:41:07,205
a, as you said, maybe include it in a planning workshop and have that as a topic.

1366
01:41:07,905 --> 01:41:11,685
um, and, and I would then suggest, okay, let's take it off the actual moratorium

1367
01:41:12,125 --> 01:41:15,665
question. I think where you're going with this one, is it, um, to not add

1368
01:41:16,185 --> 01:41:20,165
the action to tonight, the tentative agenda tonight, but I think the part you're

1369
01:41:20,445 --> 01:41:23,715
asking for is a promise of this conversation happening

1370
01:41:24,465 --> 01:41:27,945
and happening before the end of year is more direction to staff. Yes.

1371
01:41:28,905 --> 01:41:32,885
and so that's not part of a motion, but I think staff's pretty

1372
01:41:33,125 --> 01:41:36,835
well aware what our intention calendar as is. Sorry. So your

1373
01:41:37,365 --> 01:41:41,245
proposal is approves consent calendar as is on the consent

1374
01:41:41,765 --> 01:41:44,665
calendar, the tenant of agenda as is, right? Uh,

1375
01:41:45,865 --> 01:41:49,645
yes. With that understanding. With that understanding, thank you. We have a second.

1376
01:41:50,905 --> 01:41:54,685
second. Can you clarify what that means? We are

1377
01:41:54,915 --> 01:41:58,345
approving, or, or the motion is to approve the tentative agenda

1378
01:41:59,305 --> 01:42:01,605
as written without the request for change.

1379
01:42:04,225 --> 01:42:08,185
and we have a motion by schibs, second by barnacle. One, one

1380
01:42:08,565 --> 01:42:12,165
question. So I do see merit in, in addressing this through the zoning code update.

1381
01:42:13,065 --> 01:42:16,845
um, can we direct staff to, to the ex to the extent

1382
01:42:17,325 --> 01:42:21,195
possible, address it in the zoning code update, which is august, september, october,

1383
01:42:21,815 --> 01:42:25,565
we'll have two planning commission hearings, and then it'll come to the council. Is that

1384
01:42:25,885 --> 01:42:29,625
possible? Yes. And staff are already preparing for that. Alright. But

1385
01:42:30,155 --> 01:42:33,145
then it'll definitely be before the end of the year, so yes,

1386
01:42:36,875 --> 01:42:39,245
that would be satisfying me. Thank you. Thank you.

1387
01:42:40,985 --> 01:42:44,845
um, council member di carly, I don't dunno if

1388
01:42:45,085 --> 01:42:48,725
I can perhaps readdress the motion, but, um, I mean the motion

1389
01:42:49,185 --> 01:42:53,085
was, what we were looking for was on the august 3rd meeting to have

1390
01:42:53,205 --> 01:42:56,225
this discussion, discuss the moratorium and,

1391
01:42:57,745 --> 01:43:00,685
you know, everything that's in the memorandum that was submitted on the 13th.

1392
01:43:02,745 --> 01:43:06,385
the, the, the, the request. The request was to, um,

1393
01:43:07,235 --> 01:43:11,225
like you say, that was the request. And that's the request is not part of the motion that's

1394
01:43:11,645 --> 01:43:15,315
on the floor. It's to approve without the request

1395
01:43:17,335 --> 01:43:18,055
motioned. And second.

1396
01:43:21,965 --> 01:43:25,385
so, uh, may we have a roll call vote on that. Barnacle

1397
01:43:26,565 --> 01:43:27,785
aye. Cater thompson.

1398
01:43:31,775 --> 01:43:32,475
oops. You're muted.

1399
01:43:36,415 --> 01:43:40,165
yes. Can you hear me? Yes. Thank you. Uh, do carly?

1400
01:43:41,855 --> 01:43:45,815
no, I support the original now. Yes.

1401
01:43:46,795 --> 01:43:48,785
quint, yes. Rebs

1402
01:43:51,485 --> 01:43:55,245
reluctant, but yes. Mcdonald. Yes. And the motion does carry

1403
01:43:55,555 --> 01:43:59,355
with, uh, one no vote. Thank you very much. That

1404
01:43:59,645 --> 01:44:03,045
moves us to public hearings matter for consideration. We have a resolution

1405
01:44:03,725 --> 01:44:07,685
authorizing the city manager to accept the spirit of petaluma beacon as a

1406
01:44:07,805 --> 01:44:11,645
gift from the rotary club, from the petaluma rotary club

1407
01:44:11,825 --> 01:44:15,805
to the city public art collection and execute related donation, transfer,

1408
01:44:15,965 --> 01:44:18,805
installation, maintenance, and moral rights documents.

1409
01:44:20,345 --> 01:44:24,105
to help us through this, we have melissa abercrombie, our public art specialist, and

1410
01:44:24,355 --> 01:44:27,725
very glad to have you too. Thank you. Good evening,

1411
01:44:28,735 --> 01:44:32,605
mayor, vice mayor, council members, city manager and staff,

1412
01:44:33,265 --> 01:44:36,925
and the public before you. Tonight is this proposed spirit of petaluma

1413
01:44:37,445 --> 01:44:40,485
beacon, a public art gift from the petaluma rotary club,

1414
01:44:43,175 --> 01:44:47,045
sorry, um, for installation of the petaluma boulevard south

1415
01:44:47,465 --> 01:44:51,205
at crystal lane. Roundabout. Following nearly a year of design,

1416
01:44:51,565 --> 01:44:55,145
refinement and technical review, the public art committee at its may 28th

1417
01:44:55,965 --> 01:44:59,405
meeting unanimously recommended that city council accept the work as a gift.

1418
01:45:01,855 --> 01:45:05,425
this is a picture of the current conditions of the petaluma, uh, boulevard

1419
01:45:05,985 --> 01:45:09,785
south roundabout. It is one of the city's primary gateways and has long been

1420
01:45:10,305 --> 01:45:13,745
identified in the public art master plan as an appropriate and prioritized

1421
01:45:14,545 --> 01:45:18,545
location for public art. Rotary's proposal transforms the site

1422
01:45:18,705 --> 01:45:22,315
into a welcoming civic gateway, um, while

1423
01:45:22,945 --> 01:45:25,985
maintaining access to the roundabouts existing utilities and infrastructure.

1424
01:45:29,085 --> 01:45:32,705
the spirit of petaluma beacon builds on rotary's lawn history of investing

1425
01:45:33,185 --> 01:45:36,665
in community projects throughout petaluma, from kennelworth, walnut mcdowell,

1426
01:45:37,225 --> 01:45:40,865
and laer parks to the mid to the miracle league. The beacon

1427
01:45:41,545 --> 01:45:45,345
continues that tradition through a privately funded campaign supporting the artwork's design,

1428
01:45:46,135 --> 01:45:50,025
fabrication, installation, and additional maintenance plan of five

1429
01:45:50,225 --> 01:45:53,865
years. Rotary to date has raised approximately $145,000

1430
01:45:55,455 --> 01:45:59,305
from private donations towards its $150,000 fundraising goal.

1431
01:46:03,465 --> 01:46:07,405
the vision for the spirit of petaluma beacon extends beyond a sculpture. It integrates public

1432
01:46:07,785 --> 01:46:11,515
art, gateway, signage, landscape, and lighting into

1433
01:46:11,845 --> 01:46:15,705
a unified welcome at petaluma southern entrance. Tonight we are discussing the

1434
01:46:15,925 --> 01:46:19,525
artwork. The design was developed collaboratively by artist

1435
01:46:21,025 --> 01:46:24,425
david best local engineers, fabricators, and city staff

1436
01:46:25,115 --> 01:46:29,055
to create a distinctive landmark that responds to site constraints while ensuring

1437
01:46:29,215 --> 01:46:33,215
visibility, public safety, utility access, and long-term d

1438
01:46:33,675 --> 01:46:37,025
um, long-term durability. The artwork,

1439
01:46:39,175 --> 01:46:42,635
the approximately 24 foot tall sculpture features a slender steel

1440
01:46:43,645 --> 01:46:47,425
supporting an illuminated circular petaluma bracelet visible

1441
01:46:47,985 --> 01:46:51,845
from multiple approaches. Its open perforated design provides visual

1442
01:46:52,085 --> 01:46:55,965
transparency, prevents water collection, and creates a distinctive landmark

1443
01:46:56,345 --> 01:46:58,245
by day and a subtle beacon by night.

1444
01:47:00,535 --> 01:47:04,515
the site has many constraints, although it appears open. The roundabout contains

1445
01:47:04,995 --> 01:47:08,855
irrigation, drainage, electrical facilities, utility access, and

1446
01:47:09,075 --> 01:47:12,205
the sonoma county aqueduct input from the community

1447
01:47:13,115 --> 01:47:16,945
development department, public works utilities, sonoma county water, and

1448
01:47:17,165 --> 01:47:21,165
the police department shape the artworks location, footprint, and height to protect

1449
01:47:21,405 --> 01:47:24,105
infrastructure while maintaining roadway safety.

1450
01:47:28,875 --> 01:47:32,735
the project brings together internationally recognized artists, david best and local

1451
01:47:32,975 --> 01:47:36,735
fabricator royce van bever of van beba brothers steel. You may

1452
01:47:37,255 --> 01:47:41,215
recognize them as a collaborative pair on the petaluma, uh, river arch on

1453
01:47:41,415 --> 01:47:45,275
the lynch creek trail. So if you're looking towards a feature within our

1454
01:47:45,575 --> 01:47:49,535
community that exists, that shows these types of materials and uses, you can point

1455
01:47:49,735 --> 01:47:53,495
to there, which was installed in 2022, and to this day, has only

1456
01:47:54,095 --> 01:47:56,295
required, um, periodic graffiti removal.

1457
01:48:00,055 --> 01:48:03,355
the sculpture will be fabricated locally using a-s-t-m-a 5 8 8

1458
01:48:04,075 --> 01:48:07,955
weathering steel, commonly known as corten. This will

1459
01:48:08,155 --> 01:48:11,295
be a half inch to three eighth inch in, in, um,

1460
01:48:12,895 --> 01:48:16,895
in, uh, thickness. Also, we will be using structural steel and

1461
01:48:17,355 --> 01:48:20,885
engineered concrete foundations designed to current california boating building codes.

1462
01:48:22,535 --> 01:48:26,275
the corin steel develops a stable protective patina that resists corrosion.

1463
01:48:26,945 --> 01:48:29,835
this is because it has a higher amount of copper, chromium,

1464
01:48:31,075 --> 01:48:34,985
phosphorus, and nickel. These, all these annoying elements form

1465
01:48:35,315 --> 01:48:38,635
a protective layer that prevents extensive corrosion to the sculpture,

1466
01:48:40,645 --> 01:48:44,545
making it exceptionally durable and low maintenance. It's designed as a permanent

1467
01:48:44,705 --> 01:48:48,705
public artwork with an anticipated lifespan of up to 75 years, if not

1468
01:48:48,905 --> 01:48:52,825
more. The beacon will require only routine inspections and occasional

1469
01:48:53,465 --> 01:48:55,705
cleaning based on its construction materials.

1470
01:48:58,965 --> 01:49:02,825
the spirit of petaluma beacon underwent the city's established review process through the

1471
01:49:03,105 --> 01:49:07,025
public art committee. Staff evaluated the proposal using the public art master

1472
01:49:07,535 --> 01:49:11,365
plan, particularly the policy on gifts and loans and

1473
01:49:11,585 --> 01:49:14,905
the implementing zoning ordinance. Chapter 18 on may 28th

1474
01:49:15,685 --> 01:49:19,445
was the unanimous decision to move the item forward as proposed to the city's

1475
01:49:19,865 --> 01:49:21,145
council for acceptance.

1476
01:49:25,845 --> 01:49:29,705
the public art master plan specifically identifies gateways and roadways, so it

1477
01:49:29,865 --> 01:49:33,745
makes it really easy for us to look based on the informed decisions

1478
01:49:34,065 --> 01:49:35,025
that were created in policy.

1479
01:49:38,225 --> 01:49:42,065
we wanted to make sure that this created a memorable sense of arrival. That was why so

1480
01:49:42,525 --> 01:49:46,405
much staff weighed in on the front end to make sure the design really reflected what was

1481
01:49:46,805 --> 01:49:50,805
required of the site. In the end, the site had 10

1482
01:49:51,025 --> 01:49:54,265
foot by 10 foot section available out of a 90 foot diameter.

1483
01:49:55,845 --> 01:49:59,545
the, the petaluma rotary chose in their design to use a much smaller section

1484
01:50:00,285 --> 01:50:03,685
and to make it in scale with the site, they reflected the diameter of the,

1485
01:50:04,325 --> 01:50:08,265
or the circumference of the, the roundabout. And that's what you see

1486
01:50:08,425 --> 01:50:12,265
in that that bracelet shape is them using best use and best

1487
01:50:12,825 --> 01:50:15,515
practices to create a design that that site would allow.

1488
01:50:18,305 --> 01:50:21,725
the proposal fulfills the public art master plan's vision for the gateway

1489
01:50:22,385 --> 01:50:26,255
by creating a permanent, durable landmark that enhances community identity while

1490
01:50:26,605 --> 01:50:30,265
respecting the needs of the site. Staff

1491
01:50:30,665 --> 01:50:33,815
finds the spirit of petaluma beacon is consistent with section 18.120

1492
01:50:35,155 --> 01:50:38,975
of the implementing zoning ordinance. Rotary will fund the first five

1493
01:50:39,215 --> 01:50:42,895
years of maintenance, which will include lighting as needed. That would be the replacement

1494
01:50:43,375 --> 01:50:47,195
of the bulbs, periodic inspections, so that the, the

1495
01:50:47,415 --> 01:50:51,415
project is always being reviewed to make sure it hits the standards of the design that they

1496
01:50:51,635 --> 01:50:55,515
had hired van be and david best to create. And

1497
01:50:55,735 --> 01:50:59,415
they will, they will, um, deal with graffiti and do the abatement

1498
01:50:59,775 --> 01:51:00,415
as needed for the project.

1499
01:51:04,575 --> 01:51:08,315
the acceptance rotary will fund the, these first five years and acceptance remains

1500
01:51:08,715 --> 01:51:12,455
conditioned on final engineering, permitting, utility traffic, safety

1501
01:51:12,945 --> 01:51:16,835
insurance, maintenance and legal approvals staff and the public art committee.

1502
01:51:17,115 --> 01:51:20,795
therefore, recommend the city council accept the spirit of petaluma petaluma beacon

1503
01:51:21,215 --> 01:51:23,435
as a gift to the city. Thank you.

1504
01:51:28,325 --> 01:51:32,165
thank you. We're set, right? We're

1505
01:51:32,515 --> 01:51:35,575
set. Okay, thank you. Uh, any questions from council? Council member schibs?

1506
01:51:37,055 --> 01:51:41,015
uh, thank you. I did, uh, submit a whole bunch of questions I think earlier, uh,

1507
01:51:41,235 --> 01:51:45,195
which you did answer online. Um, so it's all available there for everyone to go

1508
01:51:45,275 --> 01:51:49,195
take a look at. Um, so there is a couple concerns out there. I just

1509
01:51:49,315 --> 01:51:53,055
want to make sure everything gets addressed. I think you did address that. Uh, um, you're

1510
01:51:53,595 --> 01:51:57,275
actually gonna look at the water flows, uh, so that there is actually water capture rather

1511
01:51:57,635 --> 01:52:01,555
than raw water runoff off that site, uh, because I'm looking at a lot of

1512
01:52:01,675 --> 01:52:05,615
hardscape there, uh, rather than ground soil to for penetration. So

1513
01:52:05,835 --> 01:52:09,675
that, that, that, that you're gonna be working on that. Um, and then,

1514
01:52:09,935 --> 01:52:13,475
um, the other area thing I was looking at is, uh, for the birds,

1515
01:52:14,215 --> 01:52:18,215
um, and wildlife, um, there is a, a couple concerns there. If,

1516
01:52:18,655 --> 01:52:22,515
if birds may start inhabiting it like they have here in town, a couple buildings

1517
01:52:22,715 --> 01:52:26,015
here in town, whether or not there's, um, any, um,

1518
01:52:26,825 --> 01:52:30,555
knowledge already that these types of structures are going to either,

1519
01:52:30,975 --> 01:52:34,915
um, have lots of nesting in it or not, and if the birds will be able to pass

1520
01:52:35,115 --> 01:52:38,595
through it or not. Um, so is there anything that we know already

1521
01:52:39,335 --> 01:52:43,215
on these structures and how we're gonna work with, with, uh, with the bird life? Yes. Um,

1522
01:52:43,435 --> 01:52:47,365
david best had at one point created a sculpture that had had a bird enter it

1523
01:52:47,585 --> 01:52:51,525
in sacramento and there were concerns, and that was information that's informed

1524
01:52:51,685 --> 01:52:55,455
us with river arch and with this project. So when you see the scale

1525
01:52:56,215 --> 01:52:59,825
model of it, it might show a cap when you can see it at copper fields or

1526
01:53:00,245 --> 01:53:04,185
petaluma market. And that was really designed so that you could see the lighting in

1527
01:53:04,405 --> 01:53:08,405
these, um, marquettes that are available throughout the community. In the actual design, there

1528
01:53:08,685 --> 01:53:12,605
will be some kind of netting or, um, uh, a perforated

1529
01:53:13,525 --> 01:53:17,525
covering so that you won't, it won't become a basketball hoop, a nesting ground, or a debris

1530
01:53:17,805 --> 01:53:21,565
catcher for any kind of leaves. Um, it'll really, it's really designed to be

1531
01:53:22,085 --> 01:53:25,475
something that's perforated, breathable, but not in any way would trap insects,

1532
01:53:26,255 --> 01:53:30,125
large insects or animals or birds. Okay. Uh, just making

1533
01:53:30,405 --> 01:53:34,265
sure for, uh, that the wildlife gets protected on this. And then on the lighting, um,

1534
01:53:34,685 --> 01:53:38,635
I know we've, uh, I know a couple folks are working with the city on, um, it's

1535
01:53:38,925 --> 01:53:42,835
what's called, uh, uh, night sky project, uh, or dark

1536
01:53:43,225 --> 01:53:47,025
sky project, which case you're changing the light temperature. And, um,

1537
01:53:47,625 --> 01:53:51,115
and, and also the timing of the lights and intensity of the lights illuminations

1538
01:53:52,585 --> 01:53:56,485
for, um, uh, reducing interference with any wildlife that could be bats or anything

1539
01:53:56,725 --> 01:54:00,625
floating around in that area. So, um, will we have control on, on

1540
01:54:00,845 --> 01:54:04,615
that? Yes. All lighting will be approved after,

1541
01:54:05,185 --> 01:54:08,885
um, building department review. It will hit all standards for daylight,

1542
01:54:09,345 --> 01:54:12,795
um, settings and it would be internally illuminated.

1543
01:54:13,865 --> 01:54:17,745
so that's all going to be, um, part of their application process and

1544
01:54:18,085 --> 01:54:21,765
that will be applied to how that's reviewed. Good. So if there is some internal

1545
01:54:22,365 --> 01:54:26,285
lighting, that means there's probably a ladder on the inside of some sort that things could be

1546
01:54:26,645 --> 01:54:30,605
maintained if anything goes wrong on the inside? No, it's gonna be two foot by two

1547
01:54:30,805 --> 01:54:34,725
foot wide in the column from the base, and then it builds up. So there

1548
01:54:34,925 --> 01:54:38,685
would not be an a ladder inside of it. You would, you would have a ladder or something

1549
01:54:38,985 --> 01:54:42,685
in which you climb, you enter the top and change the

1550
01:54:43,005 --> 01:54:46,285
lighting. Okay. So there is, what you're saying is that there is an entry point somewhere

1551
01:54:47,095 --> 01:54:50,925
below the base that folks can get into and then yeah, there will be an access point to replace

1552
01:54:51,205 --> 01:54:54,955
the l-e-d-l-e-d lighting and it would be compliant with, with

1553
01:54:55,325 --> 01:54:59,195
all of our standards. Okay. So, um, the actual, what

1554
01:54:59,485 --> 01:55:03,445
it looks like to me that there is some symbolism that, that's implied here that, that I

1555
01:55:03,585 --> 01:55:07,565
see, and maybe other folks, I thought one person wrote in that they saw something also, but it could

1556
01:55:07,725 --> 01:55:11,525
be, um, a water tower type. 'cause I've seen water towers of similar

1557
01:55:11,775 --> 01:55:15,565
shape. Uh, also the, even the eiffel tower in france has a, a,

1558
01:55:15,845 --> 01:55:19,785
a pillar and it expands out for a restaurant on top. But also our, our

1559
01:55:20,005 --> 01:55:23,965
liberty statue, our statue of liberty has a torch that has a

1560
01:55:24,085 --> 01:55:27,865
very similar shape, and the only difference is it has little flames on top. So

1561
01:55:28,585 --> 01:55:31,975
is it possible that maybe if, um, I know and in fake fireplaces

1562
01:55:32,835 --> 01:55:36,785
there's you, it looks like flames, but it's not just by lighting and a few types of, of,

1563
01:55:37,005 --> 01:55:40,885
of gimmickry be able to create a flame type looking thing. Is there possibilities

1564
01:55:41,675 --> 01:55:45,325
that we could add, enhance it, um, by, by on like 4th of july

1565
01:55:46,065 --> 01:55:49,425
and other special dates to be able to enhance it with some sort of,

1566
01:55:50,105 --> 01:55:53,675
um, uh, lighting effects? I imagine there's

1567
01:55:54,405 --> 01:55:57,865
probably a way to do that, but that's not what I've prepared for the evening. Um,

1568
01:55:58,505 --> 01:56:02,365
it, it's probably true of almost all of our art pieces that they could be augmented with

1569
01:56:02,725 --> 01:56:06,605
lighting in some way, but, um, for this particular piece, it would

1570
01:56:06,805 --> 01:56:10,785
have a co a mesh covering of some kind. And I, I imagine an

1571
01:56:11,085 --> 01:56:14,925
led light, like there are flickering ones that look like fire, so maybe we could replace

1572
01:56:15,245 --> 01:56:19,025
it with something like that. But I'm really, um, that would be up for,

1573
01:56:19,545 --> 01:56:23,525
for discussion at a later date. As of right now, I, I, I would, I

1574
01:56:23,645 --> 01:56:27,345
would suggest that we review the project as is okay. Because as the, um,

1575
01:56:27,785 --> 01:56:31,765
uh, because I saw recently, uh, being my wife's from connect in new york, looking at the ge

1576
01:56:32,035 --> 01:56:35,795
sign that just got put up there and, and with the drones that are out there and leds

1577
01:56:36,085 --> 01:56:39,925
have various lighting of displays that this structure is

1578
01:56:40,125 --> 01:56:43,805
large enough, fancy enough that we could actually create, um, a

1579
01:56:44,205 --> 01:56:47,965
lighting display that is more artistic around it, not just flashing,

1580
01:56:48,665 --> 01:56:52,485
not just a solid white light. So I'm gonna suggest, so is I'm just asking if that's

1581
01:56:52,845 --> 01:56:56,685
possible to be included at this point in time. Um, I wouldn't imagine we'd include

1582
01:56:56,925 --> 01:57:00,845
it as part of this conversation, but it is something that could be considered as a, at a later

1583
01:57:01,045 --> 01:57:04,815
date if there's funding or will to support it. Okay. Those

1584
01:57:05,165 --> 01:57:08,525
are my questions. Thank you. Any other questions?

1585
01:57:10,785 --> 01:57:13,045
and, uh, seeing none, let's go to public comment on the item.

1586
01:57:15,425 --> 01:57:18,985
we did receive 15 public comments ahead of the meeting, and those are posted online

1587
01:57:20,465 --> 01:57:22,395
and we have

1588
01:57:24,645 --> 01:57:28,415
currently 15 people attending the zoom meeting. So at this time,

1589
01:57:29,285 --> 01:57:32,615
I'll start a 32nd clock. Just bear with me while I get my clock going.

1590
01:57:37,605 --> 01:57:41,535
okay. Now we'll start at 32nd clock. During these 30 seconds, members of

1591
01:57:41,735 --> 01:57:45,595
the public attending in person should bring their speaker cards to the clerk's desk. Members of

1592
01:57:45,815 --> 01:57:49,635
the public attending online should raise their virtual hand, and those attending via

1593
01:57:49,855 --> 01:57:53,295
phone should press star nine to raise their hand. Speakers requests

1594
01:57:54,095 --> 01:57:56,215
received after this 30 seconds may not be accommodated.

1595
01:58:17,105 --> 01:58:21,025
so we have two, uh, speaker cards here tonight, and we also have, um,

1596
01:58:21,545 --> 01:58:25,385
one online. And so I'd like to invite up, uh, lena furlong to

1597
01:58:25,605 --> 01:58:26,365
be followed by sue simmons.

1598
01:58:36,125 --> 01:58:39,945
hi. Hi. Thanks for having, thanks for allowing me to speak on this.

1599
01:58:40,305 --> 01:58:44,165
I wanted to, um, represent the rotary club of petaluma on this

1600
01:58:44,325 --> 01:58:47,985
project here as, um, I am a petaluma resident, and

1601
01:58:48,645 --> 01:58:52,405
I, um, was able to buy a home here by the skin of my teeth

1602
01:58:52,945 --> 01:58:56,115
and work in really super long hours, uh, in the field of landscape

1603
01:58:57,045 --> 01:59:01,005
construction and contracting, right as a, as a mom, uh, with a

1604
01:59:01,125 --> 01:59:05,065
young boy and no familial support at that time. And now

1605
01:59:05,315 --> 01:59:09,245
I've lived here for 13 years and, um, I am part of this

1606
01:59:09,405 --> 01:59:13,265
wonderful group, uh, called, uh, the petaluma rotary club. And in

1607
01:59:13,485 --> 01:59:17,365
my experience in the last few years of being in this club, what I've learned is that we have

1608
01:59:17,925 --> 01:59:21,305
a really rich history being 104 years old this year of

1609
01:59:21,935 --> 01:59:25,805
going around the city and, um, focusing on the seven areas

1610
01:59:26,265 --> 01:59:30,225
of focus, which are, uh, rotary sort of foundation, which include, uh,

1611
01:59:30,495 --> 01:59:33,865
peace building, environmental impact, education, um,

1612
01:59:35,665 --> 01:59:39,405
um, economic development, maternal and children health

1613
01:59:39,995 --> 01:59:43,205
eradicating diseases, and clean water and sanitation.

1614
01:59:44,065 --> 01:59:47,815
and through that information, what I noticed is that these

1615
01:59:48,215 --> 01:59:52,165
group of people get together and they have a lot of fun making friends in the community

1616
01:59:52,835 --> 01:59:56,685
with something to do, you know, giving themselves sort of, um, fellowship, but going

1617
01:59:56,925 --> 02:00:00,805
around and improving on our wonderful community here. And every single

1618
02:00:01,045 --> 02:00:04,925
person in rotary is a volunteer, and virtually every dollar that comes

1619
02:00:05,315 --> 02:00:09,175
into our club is dispersed. And that is the sort of main focus

1620
02:00:09,705 --> 02:00:13,645
of the rotary club of petaluma. So when our a hundred

1621
02:00:13,765 --> 02:00:17,525
third president, sherry ranney sat down with me at lunch and, uh, talked to me about

1622
02:00:18,035 --> 02:00:21,765
what she wanted to do for her legacy project, which is being passed on through

1623
02:00:22,065 --> 02:00:25,645
the next couple years through the next few presidents, and she focused

1624
02:00:26,185 --> 02:00:30,065
on the south entrance to town, uh, naming, you know, citing

1625
02:00:30,545 --> 02:00:34,445
the c-n-e-c-n-n, um, news, uh, naming

1626
02:00:34,945 --> 02:00:38,925
our town the sixth best place to visit in the country. And she was like, look at

1627
02:00:39,085 --> 02:00:42,785
this mess. You know, we've gotta do this for the city of petaluma and for all of us who

1628
02:00:43,355 --> 02:00:47,325
have worked, you know, we're raising our kids here, we're we're, um, you know, arguing

1629
02:00:47,675 --> 02:00:51,675
with each other and being each other's friends and we're in community and we're raising this town

1630
02:00:52,165 --> 02:00:55,605
together. That's what this project is about. And, and it is the true spirit of petaluma

1631
02:00:56,185 --> 02:00:59,715
as we come together, um, in community. And working with

1632
02:01:00,345 --> 02:01:04,145
the city has been amazing on this project so far and, um, so

1633
02:01:04,365 --> 02:01:07,825
many north stars. And, um, we're really looking forward to,

1634
02:01:09,185 --> 02:01:13,055
uh, yay vote tonight and to be able to, um, you know, bring

1635
02:01:13,405 --> 02:01:17,125
this, this piece forward. And in the spirit of 81-year-old david best,

1636
02:01:17,855 --> 02:01:21,595
who's a petaluma resident, and royce van bber, who is 120 5-year-old

1637
02:01:22,685 --> 02:01:26,405
business this year, what we also have a number of supporters that are,

1638
02:01:26,825 --> 02:01:30,685
um, not only centennial businesses from this town, but you know, younger businesses

1639
02:01:30,965 --> 02:01:34,945
or businesses that are 80 plus years old. And what a cool testament to

1640
02:01:35,265 --> 02:01:39,165
the city of petaluma and what our community is, uh, to be, be able

1641
02:01:39,285 --> 02:01:43,125
to bring this forth for our posterity and, um, not just a civic

1642
02:01:44,245 --> 02:01:48,165
landmark. But anyway, thank you. Cheers. Thank you sue simmons.

1643
02:01:49,985 --> 02:01:50,785
simons. Simons,

1644
02:01:55,455 --> 02:01:59,305
good evening everyone. Thank you so much for all your time and energy that you put towards

1645
02:01:59,585 --> 02:02:03,585
the city. And I feel pretty blessed to have joined the rotary with this

1646
02:02:03,825 --> 02:02:07,485
group of people. And the brainstorming and the energy

1647
02:02:08,045 --> 02:02:11,545
and the love that has went into this project really speaks to the spirit

1648
02:02:12,325 --> 02:02:16,305
of petaluma. I've been, I'm third generation, most, you know me, I've been driving

1649
02:02:16,685 --> 02:02:20,665
in and out, probably walking in and out and rode my bicycle in and out

1650
02:02:20,785 --> 02:02:24,705
of that entrance. That's everything that's ever been.

1651
02:02:25,565 --> 02:02:29,365
um, and I think all the entrances of pma, um, means something. And

1652
02:02:29,585 --> 02:02:33,345
there's quite a bit of love and energy put into this project. And I think

1653
02:02:33,905 --> 02:02:37,505
cleaning it up, making it something special, but I think the spirit

1654
02:02:38,045 --> 02:02:41,945
is really, the word for it is taken a lot of,

1655
02:02:42,725 --> 02:02:46,445
a lot of our rotarians bring a lot of things to the package, whether

1656
02:02:46,925 --> 02:02:50,665
it's engineering or landscaping, and they have certainly tried to

1657
02:02:51,095 --> 02:02:54,845
cover and think of everything that you all needed and everything

1658
02:02:55,205 --> 02:02:58,945
that's been stated for a project, including all the underground. So,

1659
02:02:59,225 --> 02:03:03,005
um, it's my extreme pleasure as a person that lives here in

1660
02:03:03,275 --> 02:03:06,645
peta, has raised my family to have this happen. And I'm only hoping

1661
02:03:07,515 --> 02:03:11,265
that it continues on throughout the city and throughout

1662
02:03:11,665 --> 02:03:15,405
that entrance, because it really is just the beginning. Um, so

1663
02:03:15,685 --> 02:03:18,465
I'm very pleased that you're gonna take a vote on it. Thank you very much.

1664
02:03:20,835 --> 02:03:23,625
thank you very much. And, uh, now to our zoom participant.

1665
02:03:27,805 --> 02:03:30,525
yes. Uh, chris rainey, please

1666
02:03:31,965 --> 02:03:35,945
unmute yourself and speak. Thank you

1667
02:03:36,025 --> 02:03:39,945
very much. Uh, thank you very much to the council for your time. Again, my name

1668
02:03:40,105 --> 02:03:43,985
is chris ranney. I'm a resident of petaluma since 1991 and live

1669
02:03:44,185 --> 02:03:48,105
in the westridge area. Uh, my wife, uh, and I are both speaking tonight on behalf of the

1670
02:03:48,225 --> 02:03:51,945
spirit of p of beacon project. We wish we, we could be here, but we're on vacation.

1671
02:03:52,765 --> 02:03:56,495
um, and as I said, this is an art piece that's been gonna be installed at the peta

1672
02:03:56,785 --> 02:04:00,545
boulevard south crystal lane. Obviously, we're also both members of the rotary

1673
02:04:00,825 --> 02:04:04,655
club of petaluma. Um, one of the things that I wanna emphasize here

1674
02:04:04,965 --> 02:04:08,795
is how petaluma truly petaluma centric. This is, um, again,

1675
02:04:09,255 --> 02:04:12,835
it's being designed by david best. It's gonna be built by van, be steel,

1676
02:04:13,645 --> 02:04:17,265
and you've just spoken to, uh, lena. And lena is going to be our project manager,

1677
02:04:18,165 --> 02:04:22,065
uh, and installation general contractor. Um, melissa has also laid out

1678
02:04:22,305 --> 02:04:26,145
a lot of the, um, detailed information that we've been working on with the city for

1679
02:04:26,345 --> 02:04:30,345
the past year in terms of its, uh, guidelines. Uh, I also wanna thank very much

1680
02:04:30,525 --> 02:04:34,385
the city for their guidance and support and encouragement all through along this,

1681
02:04:34,585 --> 02:04:38,565
this piece. Um, also very, very excited to say that we've

1682
02:04:38,805 --> 02:04:41,765
raised over 95% of the funds. Uh, we have 150,000

1683
02:04:42,915 --> 02:04:46,885
goal, we're 145. Uh, we will exceed our fundraising goal

1684
02:04:47,305 --> 02:04:51,035
and we're very excited to be able to move forward with that. Um, this

1685
02:04:51,325 --> 02:04:55,285
is a, again, like I mentioned, a very truly pama centric project and we recommend that

1686
02:04:55,405 --> 02:04:59,365
the council vote in favor for the city manager to accept the spirit of petaluma beacon

1687
02:04:59,865 --> 02:05:03,805
as a gift from the rotary club of petaluma to the city of petaluma. Thank you for your time,

1688
02:05:05,905 --> 02:05:09,885
and thank you very much. Thank you for calling in from vacation. And, uh, with

1689
02:05:10,085 --> 02:05:12,875
that we are, uh, closed on public comment

1690
02:05:14,305 --> 02:05:18,225
and um, so I'd like to bring it back to the dais for, uh, any, any

1691
02:05:18,445 --> 02:05:22,345
comment, um, before we move the item. Um,

1692
02:05:22,795 --> 02:05:26,435
council member quint? Yeah, sure.

1693
02:05:26,925 --> 02:05:29,775
I, I just wanna say I think the project is incredible

1694
02:05:31,305 --> 02:05:35,125
and I wanna express my sincere, you know, appreciation

1695
02:05:35,945 --> 02:05:39,785
to the rotary club for bringing this to life and

1696
02:05:40,145 --> 02:05:43,645
my appreciation to the city, uh, for working with the rotary club

1697
02:05:44,345 --> 02:05:48,275
and, uh, I can't wait to see it. Thank you. Thank you. Council

1698
02:05:49,185 --> 02:05:53,045
member sch ribs? Um, yes, uh, very strongly in favor. I just wanna double

1699
02:05:53,245 --> 02:05:56,865
check on the height. Is there any problem with the height in our zoning

1700
02:05:57,345 --> 02:06:01,305
or anything? Because it is a pretty tall structure. You, are you

1701
02:06:01,525 --> 02:06:02,395
addressing staff? Yeah,

1702
02:06:07,345 --> 02:06:11,005
the, the elevation conforms with the site and we felt like it was really

1703
02:06:11,605 --> 02:06:15,245
adequate in that it is not in the view shed for traffic. So it's

1704
02:06:15,685 --> 02:06:19,445
elevated far above. The height was also chosen specifically, so it would be visible

1705
02:06:19,755 --> 02:06:23,725
from the 1 0 1, so when people are passing through, they might see it at night as a beacon,

1706
02:06:24,195 --> 02:06:27,175
just showcasing what our community stands for in our creative vibes.

1707
02:06:28,275 --> 02:06:31,965
good. And did we, uh, check, check any, um, uh, wind resistance,

1708
02:06:32,625 --> 02:06:36,525
uh, factor there so that the, uh, it's strong enough to withstand yes, there

1709
02:06:36,725 --> 02:06:40,565
are structural, there are structural calculations included, and they, they will also

1710
02:06:40,845 --> 02:06:44,765
be submitted when they, um, pull their permits. Okay, good. I just thought I'd just double

1711
02:06:45,085 --> 02:06:48,565
check on those two features there. Otherwise, I'm very supportive of this project. Thank you,

1712
02:06:49,115 --> 02:06:53,085
councilor barnacle. Yeah, this is, uh, not every night you

1713
02:06:53,205 --> 02:06:56,425
get a really good news project. So thank you to the rotary club, to president rainey,

1714
02:06:57,225 --> 02:07:00,945
um, david best royce, van bber, petaluma rotary, and, and so

1715
02:07:01,405 --> 02:07:05,405
landscapes for being the project manager on this. Um, we have so many great community members

1716
02:07:05,705 --> 02:07:09,545
in this town that do great things, and this is just another shining example, so I'm

1717
02:07:09,765 --> 02:07:13,725
happy to support it. And, um, thank you council

1718
02:07:14,045 --> 02:07:17,805
member. Now, um, thank you to the rotary club. Thank you members for being

1719
02:07:18,115 --> 02:07:21,915
here. Thank you to david best and royce van bber.

1720
02:07:22,665 --> 02:07:26,325
um, my love for partnerships

1721
02:07:27,155 --> 02:07:30,595
with the city and nonprofits goes way back.

1722
02:07:31,705 --> 02:07:35,475
little do people know that the painting of the coca-cola sign

1723
02:07:36,225 --> 02:07:39,945
for years, that funds came from our heritage home's

1724
02:07:40,625 --> 02:07:44,055
annual home tours that we had in the christmas parlor tours,

1725
02:07:44,985 --> 02:07:48,395
and I'm not sure who funds it now. And then there was also,

1726
02:07:49,225 --> 02:07:52,765
uh, the bashaw bridge lights were paid for by river festival

1727
02:07:53,455 --> 02:07:57,305
funds that were collected during the river festival years. So

1728
02:07:58,125 --> 02:08:01,965
I am wondering, and I'm gonna throw it out there to staff and the public

1729
02:08:02,345 --> 02:08:06,175
and rotary, after five years, there

1730
02:08:06,785 --> 02:08:10,535
is no funding. But could we put together something that the public could

1731
02:08:11,345 --> 02:08:15,205
add to it? Um, right now, the beautify petaluma nonprofit

1732
02:08:16,355 --> 02:08:20,165
partnership with the city downtown hanging baskets in the solar lights

1733
02:08:21,145 --> 02:08:24,825
is all funded by, uh, the public. Public

1734
02:08:25,265 --> 02:08:29,185
is sending in money. So I didn't know if the rotary thought, you know, in

1735
02:08:29,705 --> 02:08:33,395
six years, could we have like a little fund already established

1736
02:08:34,425 --> 02:08:37,965
so we could put money into it and it would, you know, when people

1737
02:08:38,475 --> 02:08:42,365
pass away, they like to, you know, give to the city that they lived

1738
02:08:42,585 --> 02:08:46,365
in. So I support this project in any other partnerships, and I

1739
02:08:46,595 --> 02:08:50,505
love public art. If you go up and down 1 0 1 north, you

1740
02:08:50,725 --> 02:08:54,685
can see lots of public art, and this will really stand out for our community. Thank

1741
02:08:55,005 --> 02:08:57,965
you. Thank you. Uh, council member cater thompson.

1742
02:09:00,465 --> 02:09:03,645
uh, yeah, thank you. I just think this is fantastic because that area,

1743
02:09:04,555 --> 02:09:08,545
this is the gateway into our city, one of the gateways, and this is

1744
02:09:08,765 --> 02:09:12,685
gonna be, um, you know, a great piece of art. I wanna thank dave the best

1745
02:09:13,025 --> 02:09:16,925
and royce van be for their collaboration. Um, and I wanna

1746
02:09:17,125 --> 02:09:20,945
thank the rotary for their collaboration with the, the city of petaluma. And

1747
02:09:21,165 --> 02:09:24,365
I think this is a great project, and the new president

1748
02:09:25,205 --> 02:09:29,205
I, I think is fantastic. And with that, I'd love to move

1749
02:09:29,405 --> 02:09:32,615
this. Thank you very much, council, uh, member di carly.

1750
02:09:34,045 --> 02:09:37,725
I just wanna say I appreciate all the rotarians coming in, the effort they put in royce

1751
02:09:38,065 --> 02:09:41,725
and david, and, um, that's about all I have to say about it. Thank you. Thank you.

1752
02:09:42,345 --> 02:09:46,285
um, yeah, I appreciate the idea and bringing it here tonight. I appreciate the patience of

1753
02:09:46,445 --> 02:09:49,525
waiting to, to till your item gets called in the evening.

1754
02:09:50,625 --> 02:09:54,205
not sure that, uh, lighting with fire would be anything other than triggering

1755
02:09:54,685 --> 02:09:58,665
in sonoma county. So , um, um, but, uh,

1756
02:09:59,135 --> 02:10:02,845
could be the last, but, but I, I really appreciate that, uh, this is

1757
02:10:03,405 --> 02:10:07,365
our happy item for the evening. You know, there's a lot of tense goes on and you brought us something fun.

1758
02:10:07,825 --> 02:10:11,565
so thanks to all who are involved in thank you, melissa. And I think

1759
02:10:11,885 --> 02:10:15,885
with that, we have a motion from council member cater thompson. Do we

1760
02:10:15,965 --> 02:10:19,905
have a second? I'll second. A second from now. And a, uh,

1761
02:10:20,155 --> 02:10:24,045
roll call. Vote please. Barnacle. Aye. Cater thompson?

1762
02:10:25,625 --> 02:10:28,225
yes. Di carly? Yes. Yes.

1763
02:10:30,465 --> 02:10:33,915
now? Yes. Quint? Yes. Shrives?

1764
02:10:34,625 --> 02:10:38,545
yes. Mcdonald? Yes. Motion carries unanimously. Oh,

1765
02:10:38,765 --> 02:10:42,685
thank you. Thank you very much. Thank you for being here and advocating

1766
02:10:43,385 --> 02:10:47,225
the issue. And that moves us to our, uh, next issue of

1767
02:10:47,505 --> 02:10:47,725
the evening,

1768
02:10:52,335 --> 02:10:52,745
which is,

1769
02:10:59,385 --> 02:11:03,365
uh, item 12, uh, resolution of approving the city council's response

1770
02:11:03,665 --> 02:11:07,445
to the 2025 2026 sonoma county

1771
02:11:08,415 --> 02:11:12,355
grand civil grand jury report entitled animal service revisited

1772
02:11:13,205 --> 02:11:16,875
a city asleep at the wheel. And, uh, to help us with,

1773
02:11:17,225 --> 02:11:20,925
uh, this presentation, this item we have, assistant city manager brian cochran.

1774
02:11:22,495 --> 02:11:25,845
brian, it's yours. Okay, thank you.

1775
02:11:26,955 --> 02:11:30,785
good evening, mayor and city council members and members of the

1776
02:11:31,555 --> 02:11:35,105
community. This presentation tonight, uh,

1777
02:11:35,605 --> 02:11:39,465
summarizes the city of petaluma's formal response to the

1778
02:11:39,685 --> 02:11:43,605
20 25, 20 26 sonoma county civil grand jury report. Uh, as

1779
02:11:43,765 --> 02:11:47,705
the mayor just stated, we, uh, do have a resolution for

1780
02:11:47,925 --> 02:11:51,875
the council to formally approve the response and then transmit that

1781
02:11:52,365 --> 02:11:56,275
response over to the grand jury. The report, uh, this, this

1782
02:11:56,585 --> 02:12:00,405
new report is a follow up to the report that the civil grand

1783
02:12:00,725 --> 02:12:04,685
jury did last year, which looked at animal services

1784
02:12:05,015 --> 02:12:08,645
throughout sonoma county. And, uh, many of those recommendations

1785
02:12:09,795 --> 02:12:13,525
that they made a year ago we are working on and working

1786
02:12:13,905 --> 02:12:17,485
toward implementing. Purpose of tonight's presentation

1787
02:12:17,965 --> 02:12:21,755
is to review the grand jury findings and recommendations, explain

1788
02:12:22,265 --> 02:12:26,165
the city's responses, and highlight the actions that are already underway

1789
02:12:26,585 --> 02:12:29,485
to strengthen animal services in petaluma.

1790
02:12:30,815 --> 02:12:34,685
while the city does disagree with, uh, several of the

1791
02:12:34,845 --> 02:12:38,325
factual legal and policy conclusions that are contained in the report,

1792
02:12:39,265 --> 02:12:43,125
we recognize the importance of public accountability and continuous improvement,

1793
02:12:43,685 --> 02:12:47,525
and we acknowledge the grand jury's role within son county to contribute

1794
02:12:48,225 --> 02:12:52,115
to those objectives. Our goal tonight is to respond

1795
02:12:52,745 --> 02:12:56,725
to the grand jury's most recent report, but also, and importantly, chart a path

1796
02:12:56,925 --> 02:13:00,765
forward for petaluma's animal services program. Together with

1797
02:13:01,005 --> 02:13:04,995
the council and our service providers and our community, we want

1798
02:13:05,395 --> 02:13:09,165
high quality, humane, and responsive animal services that petaluma

1799
02:13:09,745 --> 02:13:13,725
can rely on. We're very fortunate to have a shelter here locally, which is a benefit

1800
02:13:13,985 --> 02:13:17,845
to the community, and we want to ensure that we can continue providing those

1801
02:13:18,245 --> 02:13:21,545
services into the future and a sustainable and accountable way.

1802
02:13:22,785 --> 02:13:26,455
so throughout the presentation tonight, we will discuss both areas where

1803
02:13:26,805 --> 02:13:30,045
we agree that improvements are warranted and where they're underway,

1804
02:13:30,865 --> 02:13:34,745
and where the city believes the report, uh, mischaracterized or

1805
02:13:34,965 --> 02:13:38,625
misunderstood the city's actions, responsibilities, or

1806
02:13:39,095 --> 02:13:42,925
legal authorities involved. Next slide, caitlin.

1807
02:13:47,465 --> 02:13:51,355
so first wanted to touch on some of the actions that have been happening,

1808
02:13:52,265 --> 02:13:55,345
uh, since the grand jury report from a year ago.

1809
02:13:56,345 --> 02:14:00,305
and some of these we mentioned in that prior report, or there have been updates, uh, to

1810
02:14:00,525 --> 02:14:03,825
the council and community over the last year on some of these activities. So

1811
02:14:04,745 --> 02:14:08,595
we did invest in some shelter capital improvements, uh, roofing,

1812
02:14:09,565 --> 02:14:13,345
hvac, fixing water leaks painting, and

1813
02:14:13,605 --> 02:14:17,385
a variety of other improvements to, uh, make sure the shelter could, uh,

1814
02:14:18,445 --> 02:14:22,285
properly handle the animals in its care. We retained a consultant

1815
02:14:22,665 --> 02:14:25,805
to assist nba, uh, sorry, north bay animal services, nbas

1816
02:14:27,395 --> 02:14:30,955
with compliance. And as we documented last year, they

1817
02:14:31,805 --> 02:14:35,625
declined to take us up on those consultant services or

1818
02:14:35,875 --> 02:14:39,505
participate with the consultant. We have worked on

1819
02:14:39,925 --> 02:14:43,685
strengthening oversight and planning, um, per council's discussion and request.

1820
02:14:44,145 --> 02:14:48,085
at your march 2nd meeting. We are in, we have hired

1821
02:14:48,445 --> 02:14:52,165
a firm and are in the process of conducting a fraud risk and compliance

1822
02:14:52,745 --> 02:14:55,965
review that's underway of the nbas financial records.

1823
02:14:57,345 --> 02:15:00,875
and additionally, as you know, at the march 2nd meeting, counsel directed termination

1824
02:15:01,625 --> 02:15:05,015
of the nbas contract, and that was effective march 31st

1825
02:15:06,225 --> 02:15:10,105
of this year. At that same time, we

1826
02:15:10,325 --> 02:15:14,085
transitioned to marin humane, uh, who stepped up as our interim

1827
02:15:14,525 --> 02:15:18,385
service provider operating our shelter, doing licensing and animal

1828
02:15:18,865 --> 02:15:22,285
patrol or animal control duties for the city of petaluma.

1829
02:15:23,785 --> 02:15:27,485
we also, around that same time, were developing and issued an rfp

1830
02:15:28,225 --> 02:15:32,125
for a longer term provider, uh, to take over from marin humane.

1831
02:15:32,545 --> 02:15:36,545
and we are currently in those discussions and we'll return to council for

1832
02:15:36,965 --> 02:15:40,045
approval of those agreements in the coming months. And then finally,

1833
02:15:40,985 --> 02:15:44,885
and we'll, we'll talk through this a few times tonight, uh, later in the presentation, but

1834
02:15:45,085 --> 02:15:48,685
the council has initiated, and the city is actively

1835
02:15:49,245 --> 02:15:53,145
participating in collaboration around a jpa joint powers agreement, or

1836
02:15:53,405 --> 02:15:57,345
a consortium or another regional service delivery model to

1837
02:15:57,565 --> 02:16:01,325
improve and, uh, standardize and stabilize services throughout the county.

1838
02:16:02,955 --> 02:16:03,565
next slide please.

1839
02:16:08,045 --> 02:16:12,015
so, just a few summary points to, to hit here at the top. The city remains

1840
02:16:12,505 --> 02:16:16,105
committed to providing humane, transparent, and accountable animal services.

1841
02:16:17,045 --> 02:16:20,905
we support continuous improvement, and we recognize and have been

1842
02:16:21,065 --> 02:16:24,905
working towards strengthening reporting records management and contract oversight.

1843
02:16:26,525 --> 02:16:29,925
we welcome constructive recommendations while respectfully

1844
02:16:30,925 --> 02:16:34,475
disagreeing with many of the, this current reports, factual

1845
02:16:35,185 --> 02:16:39,105
and legal conclusions, we, uh, we had

1846
02:16:39,355 --> 02:16:43,325
many significant improvements already underway at the time, uh, and

1847
02:16:43,725 --> 02:16:47,725
actually prior to the issuance of this latest, uh, civil grand jury

1848
02:16:48,105 --> 02:16:52,065
report. Uh, and one of the, the challenges that, uh, is

1849
02:16:52,285 --> 02:16:56,285
not really touched on much in this report, but really more, uh, in the

1850
02:16:56,405 --> 02:17:00,245
last report from a year ago, is that the challenges faced by animal services

1851
02:17:00,585 --> 02:17:04,045
are more regional in nature, and they require regional collaboration.

1852
02:17:05,185 --> 02:17:09,085
we can't fix this issue by, uh, by solutions that

1853
02:17:09,325 --> 02:17:13,325
are being born by one jurisdiction. I think it's

1854
02:17:13,565 --> 02:17:17,125
safe to say that fu our future and upcoming animal services contract

1855
02:17:17,635 --> 02:17:21,445
will serve as the primary mechanism for implementing operational improvements

1856
02:17:22,085 --> 02:17:26,025
and accountability measures. And we'll talk through some of those tonight. And

1857
02:17:26,245 --> 02:17:30,165
again, the city, um, is working with regional partners to develop a

1858
02:17:30,285 --> 02:17:33,685
sustainable and high quality model for sonoma county moving forward.

1859
02:17:35,355 --> 02:17:35,965
next slide. Please.

1860
02:17:40,085 --> 02:17:43,835
just wanted to touch on the structure of the report a little bit because, um,

1861
02:17:44,705 --> 02:17:48,475
these are, these responses are mandated by law, and

1862
02:17:48,795 --> 02:17:52,285
we do, we, we are required to respond in these very

1863
02:17:52,895 --> 02:17:56,655
specific languages. So on the findings for each finding

1864
02:17:56,975 --> 02:18:00,585
that the grand jury assigns to petaluma, we must respond. Either we agree,

1865
02:18:01,435 --> 02:18:05,415
we disagree in part, or we wholly disagree. I would

1866
02:18:05,495 --> 02:18:09,495
say in many of these, we, we wanted to say we agree in part, but we're

1867
02:18:09,855 --> 02:18:13,575
required to say we disagree in part, and then explain what we agree with or what we

1868
02:18:13,895 --> 02:18:17,855
disagree with. On the recommendations side, there are

1869
02:18:18,015 --> 02:18:20,375
four different choices that we can, uh, we can,

1870
02:18:22,075 --> 02:18:25,875
uh, put forward in terms of what we are doing with each of the recommendations. So

1871
02:18:26,435 --> 02:18:30,295
we can say either the recommendation has already been implemented, the recommendation

1872
02:18:30,915 --> 02:18:34,375
has not yet been implemented, but will be in the future with a timeline.

1873
02:18:35,115 --> 02:18:39,105
the recommendation requires further analysis and, uh, the grand

1874
02:18:39,455 --> 02:18:42,935
jury states that we're supposed to have the analysis completed within six months,

1875
02:18:44,395 --> 02:18:48,335
or the recommendation will not be implemented because it is not reasonable or not warranted.

1876
02:18:48,915 --> 02:18:52,135
and again, those are the descriptions in the law that govern our responses.

1877
02:18:53,315 --> 02:18:57,135
wanted to mention just a little bit about how we've structured this, because it is different than the report

1878
02:18:57,595 --> 02:19:01,495
itself, uh, because many of the findings also have

1879
02:19:01,935 --> 02:19:05,455
a corresponding recommendation. We tried to group those together in the presentation

1880
02:19:06,095 --> 02:19:09,615
so that we can talk about similar findings and recommendations together,

1881
02:19:10,475 --> 02:19:14,215
rather than having to repeat, uh, ourselves multiple times as we move through all of these.

1882
02:19:15,355 --> 02:19:18,095
so I think we can go to the first one here.

1883
02:19:24,445 --> 02:19:28,205
so, finding f uh, finding one and recommendation one. These really deal

1884
02:19:28,555 --> 02:19:32,155
with, uh, council authority and a thought from the grand jury that

1885
02:19:32,945 --> 02:19:36,765
the council, excuse me, has ceded much of its authority

1886
02:19:37,145 --> 02:19:41,045
and governance over animal services to staff and to the city

1887
02:19:41,205 --> 02:19:45,045
manager. Uh, we wholly disagree with this finding.

1888
02:19:45,745 --> 02:19:49,585
we think that the governance is consistent with the charter. Uh,

1889
02:19:49,825 --> 02:19:53,725
the council retains its legislative and oversight authority,

1890
02:19:54,345 --> 02:19:57,985
and it, it appears that the reason for that this finding, uh,

1891
02:19:58,435 --> 02:20:01,745
came about in the report, is really a misunderstanding of the

1892
02:20:02,515 --> 02:20:06,365
council manager form of government that we have in petaluma and in much of

1893
02:20:06,525 --> 02:20:10,225
california. And a misunderstanding of some of the charter provisions and

1894
02:20:10,665 --> 02:20:14,005
how authorities or, um, tasks and administrative

1895
02:20:15,215 --> 02:20:19,065
tasks are delegated down to the city manager. Uh, we feel, and,

1896
02:20:19,345 --> 02:20:22,365
uh, that staff fully acted within charter defined administrative

1897
02:20:23,365 --> 02:20:26,355
procedures and the budget, authority and council direction.

1898
02:20:27,395 --> 02:20:31,205
there's a specific action that the grand jury cites in this particular

1899
02:20:31,685 --> 02:20:35,565
finding, uh, and in, in the body of the report and some of the background materials.

1900
02:20:36,185 --> 02:20:39,935
and that was the council's decision on march 2nd to provide direction to staff,

1901
02:20:40,825 --> 02:20:44,765
uh, to terminate the agreement and to generate and, uh, execute a

1902
02:20:44,885 --> 02:20:48,765
new agreement with an interim service provider. The council direction was

1903
02:20:48,995 --> 02:20:52,925
very explicit and very clear, and that's what the city council does all of

1904
02:20:53,045 --> 02:20:57,045
the time. You all provide direction to staff and the city manager and the rest

1905
02:20:57,165 --> 02:21:01,115
of the city staff implement that direction. So we feel that that,

1906
02:21:01,545 --> 02:21:04,725
uh, that structure and the way that those decisions and implementation

1907
02:21:06,205 --> 02:21:10,025
occurred were fully within the law and fully within the, the regular course

1908
02:21:10,665 --> 02:21:14,125
of how the council and the city staff, uh, do the public's

1909
02:21:14,805 --> 02:21:18,705
business. The recommendation one is related to, uh,

1910
02:21:18,935 --> 02:21:22,625
purchasing limits and signature limits, and, uh,

1911
02:21:23,145 --> 02:21:26,965
we did not choose or propose to implement that there is

1912
02:21:27,205 --> 02:21:30,805
a significant, uh, existing governance framework for purchasing

1913
02:21:31,365 --> 02:21:34,915
within the city. There are multiple controls in place and oversight

1914
02:21:35,585 --> 02:21:39,405
in place. Uh, there are some purchasing provisions in the charter and purchasing

1915
02:21:39,845 --> 02:21:43,635
provisions in, uh, the municipal code that govern those overall

1916
02:21:44,565 --> 02:21:48,445
procedures. And this, uh, this particular action fit within that. So we

1917
02:21:48,605 --> 02:21:52,525
did not feel that that needed to be implemented. Uh, if we were going to look at

1918
02:21:52,685 --> 02:21:56,245
that, it is a much bigger discussion than just animal services. This really implicates

1919
02:21:57,065 --> 02:22:01,025
our entire purchasing structure, and that would be a much longer conversation and

1920
02:22:01,245 --> 02:22:04,625
more involved conversation. Next slide, please.

1921
02:22:11,365 --> 02:22:15,265
so, finding two, uh, dealt with the reporting of nbas,

1922
02:22:15,965 --> 02:22:19,725
the lack thereof, or the, uh, very slow and, uh,

1923
02:22:20,425 --> 02:22:23,785
untimely nature of their reporting. They were required to report,

1924
02:22:24,445 --> 02:22:28,365
uh, at least once or twice per year, as well as provide an annual audit, et cetera.

1925
02:22:29,265 --> 02:22:33,265
um, so the city disagreed in part because we, we,

1926
02:22:33,485 --> 02:22:37,485
well, let me first address what we do. Agree. Uh, we definitely agree that their reporting

1927
02:22:38,105 --> 02:22:41,685
was, was lacking. It needed to be strengthened, and we look forward to

1928
02:22:42,205 --> 02:22:45,925
strengthening reporting of our future provider. Uh, it will improve,

1929
02:22:46,305 --> 02:22:50,045
and we, we absolutely agree that it can improve. But the, the finding

1930
02:22:50,315 --> 02:22:54,305
goes further to say that because of the slow reporting, the city or the, uh,

1931
02:22:54,715 --> 02:22:58,525
city management was unable to assess the performance of north bay

1932
02:22:58,725 --> 02:23:02,385
animal services. I, I don't think that's fully correct. We had inputs

1933
02:23:02,905 --> 02:23:06,885
not just from their reporting, but from members of the community, from city council members,

1934
02:23:07,475 --> 02:23:11,365
from talking directly with north bay animal services about some of their challenges.

1935
02:23:11,705 --> 02:23:15,705
so there were many inputs into our ability to oversee them. Uh, the

1936
02:23:15,925 --> 02:23:19,365
reporting was one of them, but it didn't fully impact our ability

1937
02:23:19,985 --> 02:23:23,755
to oversee them. The recommendation two, we do plan

1938
02:23:24,045 --> 02:23:27,795
on implementing, uh, we will implement a more robust regular,

1939
02:23:28,735 --> 02:23:32,445
we're looking right now at a quarterly reporting framework with our new service provider,

1940
02:23:33,105 --> 02:23:36,825
uh, with metrics that will be regularly, uh, reported out. Uh,

1941
02:23:37,265 --> 02:23:41,205
and they'll be standardized. So you can follow from quarter to quarter, uh, how the performance

1942
02:23:41,645 --> 02:23:44,495
is tracking. Next slide.

1943
02:23:48,835 --> 02:23:52,255
so finding three, uh, links up well with recommendation

1944
02:23:53,155 --> 02:23:56,735
six. So talking about both of those on this slide. This is related to,

1945
02:23:57,515 --> 02:24:01,355
uh, animal licensing performance and monitoring. Uh,

1946
02:24:01,595 --> 02:24:05,335
we said that we disagreed in part on this one. And really the, the focus

1947
02:24:05,685 --> 02:24:09,515
here, uh, was basically almost a repeat finding from a year ago

1948
02:24:09,735 --> 02:24:12,855
that talked about needing stronger, better licensing performance,

1949
02:24:13,875 --> 02:24:17,645
uh, and enforcement. But the finding here said that this

1950
02:24:17,935 --> 02:24:21,695
was neglected by, uh, city management and the city of petaluma.

1951
02:24:22,895 --> 02:24:26,895
w we, we take took issue with that because we don't think it

1952
02:24:27,055 --> 02:24:30,935
was neglected. There's a fully abil there's a full ability for any members of the public

1953
02:24:31,595 --> 02:24:35,455
to get their dogs licensed. That is the, uh, the obligation of

1954
02:24:35,635 --> 02:24:39,275
the animal owner. Uh, and that was

1955
02:24:39,715 --> 02:24:43,575
always and continuously available, even under the north bay animal services

1956
02:24:44,335 --> 02:24:48,095
contract. So while, yes, it needs to be better, and I think we can do better,

1957
02:24:48,515 --> 02:24:52,375
and that is one of our goals in our new contract, uh, I, we, we don't

1958
02:24:52,575 --> 02:24:56,405
agree that this was neglected. The new service contract will

1959
02:24:56,695 --> 02:25:00,645
address this. And in recommendation six, that

1960
02:25:00,995 --> 02:25:04,795
is a recommendation from the grand jury to, uh, select

1961
02:25:05,855 --> 02:25:09,775
purchase and implement a new licensing software platform. They named

1962
02:25:10,095 --> 02:25:14,015
a particular one that is used throughout sonoma county. This is,

1963
02:25:14,255 --> 02:25:18,055
I, I think, essentially redundant because once we select and contract with our new

1964
02:25:18,415 --> 02:25:21,975
provider, they will then implement that new software package for our residents,

1965
02:25:22,595 --> 02:25:26,365
uh, to be able to, to get their dogs licensed. And then part of our reporting

1966
02:25:26,845 --> 02:25:30,665
will include licensing data with those quarterly reports moving forward so

1967
02:25:30,885 --> 02:25:34,645
that we can see what that performance looks like. Next slide.

1968
02:25:38,485 --> 02:25:42,225
all right, f four, uh, finding number four in the report, uh, in conjunction with

1969
02:25:42,665 --> 02:25:46,665
recommendation nine, these addressed resident complaint tracking. So if you have

1970
02:25:46,905 --> 02:25:50,825
a problem with the service or you think something wasn't handled correctly, how do

1971
02:25:50,985 --> 02:25:54,865
you make a complaint about it? We disagree in part with this, and the reason

1972
02:25:55,125 --> 02:25:58,535
for saying that is we do agree that the complaint procedure,

1973
02:25:59,725 --> 02:26:03,705
the, the clarity of it, how do you make a complaint? How do you track whether that's

1974
02:26:04,065 --> 02:26:07,905
been responded to or not? That can absolutely be improved, and we feel confident

1975
02:26:08,505 --> 02:26:12,345
that that will be improved, um, in our new agreement. Where we disagree on

1976
02:26:12,545 --> 02:26:16,305
this one is that the finding, uh, says something like that we were,

1977
02:26:16,765 --> 02:26:20,415
uh, unable or un un yeah, un unable to receive

1978
02:26:20,905 --> 02:26:24,705
complaints. And I think we would disagree with that because clearly we did receive

1979
02:26:25,105 --> 02:26:28,665
complaints, counsel received complaints, staff received complaints,

1980
02:26:29,645 --> 02:26:33,465
uh, usually through email, through phone, et cetera. And when appropriate,

1981
02:26:34,085 --> 02:26:38,005
we researched those and responded, uh, to, to those complaints. So

1982
02:26:38,225 --> 02:26:42,065
I don't think it was, we, we were fully unable to, but the tracking

1983
02:26:42,285 --> 02:26:45,825
and the documentation could be better. So we do look forward to implementing

1984
02:26:46,695 --> 02:26:50,345
that, uh, improvement in the future with the, uh, upcoming agreement.

1985
02:26:52,195 --> 02:26:56,105
next slide, please. Finding number

1986
02:26:56,535 --> 02:27:00,375
five, we, we don't have a, a, a recommendation that directly corresponds

1987
02:27:01,065 --> 02:27:04,925
to this one, but this one related to the financial stability and

1988
02:27:05,215 --> 02:27:09,145
oversight of north bay animal services itself, and then

1989
02:27:09,305 --> 02:27:13,185
it also wrapped in how that impacted other cities. So this

1990
02:27:13,385 --> 02:27:16,835
one, this was a bit of a head scratcher, I think for staff.

1991
02:27:17,445 --> 02:27:21,325
we wholly disagreed with this one because the finding, uh,

1992
02:27:21,655 --> 02:27:25,565
implies that the city has some sort of fiduciary duty to

1993
02:27:25,805 --> 02:27:29,745
the nonprofit or over the nonprofit, and we do not agree with that.

1994
02:27:30,485 --> 02:27:33,865
uh, the, the city doesn't owe the nonprofit,

1995
02:27:34,885 --> 02:27:38,785
uh, a fiduciary duty. It's actually the nonprofit board that needed to be

1996
02:27:39,265 --> 02:27:43,185
ensuring that they were fiscally sustainable, that they could provide the services

1997
02:27:43,345 --> 02:27:46,465
that they were contracted for, and to monitor their sustainability

1998
02:27:47,485 --> 02:27:50,945
and potentially communicate with us if they were seeing challenges on the horizon.

1999
02:27:52,685 --> 02:27:56,545
the second half of this finding essentially states that because

2000
02:27:57,815 --> 02:28:01,265
they're saying that we didn't properly monitor their financial stability,

2001
02:28:01,895 --> 02:28:05,885
that that somehow, uh, caused insecurity or

2002
02:28:06,215 --> 02:28:09,985
risk to the other cities that were contracting with north bay animal services.

2003
02:28:10,805 --> 02:28:14,685
uh, and, and again, we do not agree with that the city is

2004
02:28:14,905 --> 02:28:18,735
not and cannot be responsible for the contracts that other cities have

2005
02:28:19,025 --> 02:28:22,555
with their animal services providers. So, um, this, yeah,

2006
02:28:23,035 --> 02:28:26,525
this one, uh, we, we couldn't quite make that connection as to how petaluma

2007
02:28:27,085 --> 02:28:30,935
itself could have, uh, caused or otherwise been responsible for those

2008
02:28:31,285 --> 02:28:35,075
types of risks in other cities. With that said, this

2009
02:28:35,365 --> 02:28:38,755
is one where we agree that financial reporting overall

2010
02:28:39,545 --> 02:28:43,325
for the service provider can be improved, and we do look forward to that

2011
02:28:43,575 --> 02:28:47,285
being improved and are confident that that will happen with our, uh, upcoming

2012
02:28:47,725 --> 02:28:51,325
provider contract. Next slide, please.

2013
02:28:54,435 --> 02:28:57,595
finding number six, related to, uh, statewide shelter

2014
02:28:58,515 --> 02:29:02,445
oversight, and whether the lack of statewide shelter standards

2015
02:29:02,765 --> 02:29:06,145
and shelter oversight provisions, uh, could have contributed to

2016
02:29:07,245 --> 02:29:11,125
nbas, uh, taking on multiple contracts that maybe they didn't have the staffing or

2017
02:29:11,285 --> 02:29:15,285
the financial wherewithal to handle. Uh, we did agree, or, I guess

2018
02:29:15,685 --> 02:29:19,665
disagree in part, and also agree in part, and it is true there, there are not

2019
02:29:19,955 --> 02:29:23,705
statewide shelter standards, uh, or shelter oversight. So

2020
02:29:24,065 --> 02:29:27,995
all of these shelters are able to kind of operate a little bit differently than

2021
02:29:28,305 --> 02:29:31,965
one, uh, from, from one another. But we do, uh, as we've mentioned, support

2022
02:29:32,845 --> 02:29:36,405
regional coordination and think that some shared standards, uh, do make sense

2023
02:29:36,985 --> 02:29:40,605
and could help, but we, again, don't necessarily see the connection

2024
02:29:41,005 --> 02:29:43,955
between the statewide oversight or lack thereof,

2025
02:29:45,025 --> 02:29:48,715
and n nba's financial stability or their ability to provide

2026
02:29:49,865 --> 02:29:53,685
the, uh, the, the services that they had contracted for. And so, moving

2027
02:29:53,885 --> 02:29:57,725
forward, uh, again, we will participate in that countywide process that is, uh,

2028
02:29:57,925 --> 02:30:01,495
kicking off here. Next slide, please.

2029
02:30:07,585 --> 02:30:11,355
so, finding seven is closely related to recommendations three and five

2030
02:30:11,945 --> 02:30:15,825
in the report. And these all deal with the dangerous animal

2031
02:30:16,245 --> 02:30:20,165
hearing process. So in the event that a,

2032
02:30:20,285 --> 02:30:24,285
there is a, uh, significant bite that occurs, and an animal control officer

2033
02:30:24,925 --> 02:30:28,675
determines that an animal may be potentially or is a dangerously, uh, dangers

2034
02:30:29,365 --> 02:30:33,265
declared animal, there is a process for the animal owner to

2035
02:30:33,505 --> 02:30:36,155
go through a hearing, uh, to ensure that they have

2036
02:30:37,605 --> 02:30:41,565
received a due process in the restrictions that are going to be placed on their

2037
02:30:41,725 --> 02:30:45,685
animal, whether it's muzzling or confinement at home, or posting of signs at

2038
02:30:45,885 --> 02:30:49,765
their home. And there are a variety of potential mitigation measures that an

2039
02:30:50,085 --> 02:30:54,005
animal owner can be subjected to if their animal is declared

2040
02:30:54,125 --> 02:30:57,645
potentially dangerous or dangerous. The specific finding

2041
02:30:58,185 --> 02:31:01,885
in f seven is that, uh, the grand jury didn't

2042
02:31:02,285 --> 02:31:05,945
feel that our code and the definitions of how the hearing is

2043
02:31:06,395 --> 02:31:10,325
conducted and who is the hearing officer, that those hearing officers

2044
02:31:10,805 --> 02:31:14,785
were not truly independent, and that that could have compromised the,

2045
02:31:15,505 --> 02:31:19,465
the due process rights of the, uh, the, the participants in

2046
02:31:19,685 --> 02:31:23,685
the hearing. We did not agree with that finding. Uh, we think it's clear

2047
02:31:24,035 --> 02:31:27,925
when you read the various provisions in chapter nine of the municipal

2048
02:31:28,445 --> 02:31:32,445
code, that there is the ability and there is the, um, the obligation

2049
02:31:33,425 --> 02:31:37,245
to appoint independent hearing officers and the city manager and the appointing

2050
02:31:37,565 --> 02:31:41,185
authority of the hearing officers has that ability. So, and that is also our

2051
02:31:41,645 --> 02:31:45,485
practice and our procedure, uh, that we would always appoint an independent hearing officer.

2052
02:31:46,065 --> 02:31:49,965
so we feel like this is already kind of taken care of in our code, and there's

2053
02:31:50,245 --> 02:31:53,565
not a change that's needed. Um, the, the recommendations,

2054
02:31:54,825 --> 02:31:58,805
or one, or recommendation three basically said, change your code

2055
02:31:59,145 --> 02:32:03,035
to allow independent hearing officers. So again, we think that's, that's taken care

2056
02:32:03,325 --> 02:32:07,325
of. Another one, uh, recommendation five that I, I feel like

2057
02:32:08,085 --> 02:32:11,735
resulted from a bit of a misconstruction or misunderstanding of our title

2058
02:32:12,265 --> 02:32:15,625
ix regulations is, uh, that it wanted, uh,

2059
02:32:16,625 --> 02:32:20,445
uh, bite victims basically to be a party to the hearing.

2060
02:32:21,425 --> 02:32:25,005
and that's, you know, unfortunately that's not how the code is constructed.

2061
02:32:25,705 --> 02:32:28,885
the, the purpose and the intent of the hearing and the hearing officer

2062
02:32:29,865 --> 02:32:33,665
is actually to allow the, uh, animal control officer to

2063
02:32:33,885 --> 02:32:37,825
present the evidence of the case, the incident, what happened, and this is why we

2064
02:32:38,105 --> 02:32:41,385
are putting these restrictions on the animal. And then for,

2065
02:32:42,145 --> 02:32:46,085
uh, the animal owner to present contrary evidence if they would like some

2066
02:32:46,285 --> 02:32:50,285
of those, uh, restrictions to, to not be implemented. So the, the victims,

2067
02:32:50,815 --> 02:32:54,485
while they, they provide absolutely critical evidence and testimony,

2068
02:32:55,305 --> 02:32:58,825
uh, in those hearings, and they, the input I think is really critical in,

2069
02:32:59,425 --> 02:33:03,305
uh, what the hearing officer ultimately decides. The victims themselves are

2070
02:33:03,525 --> 02:33:07,415
not actually parties to that hearing. So that's, um, again,

2071
02:33:07,795 --> 02:33:10,995
just a difference of interpretation or understanding of our code.

2072
02:33:12,065 --> 02:33:16,035
yet, uh, bite victims in these cases do have other avenues

2073
02:33:16,545 --> 02:33:20,485
to seek redress, uh, whether it's filing a claim with the animal owner's

2074
02:33:20,925 --> 02:33:24,865
insurance company, uh, seeking civil litigation, et cetera. So,

2075
02:33:25,465 --> 02:33:29,225
uh, yet in spite of that, in spite of some of the, the differences or

2076
02:33:29,605 --> 02:33:33,365
disagreements we have on this particular topic with the grand jury, we do think it's

2077
02:33:34,005 --> 02:33:37,885
relevant to review the title ix regulations. And so we can absolutely do that.

2078
02:33:38,415 --> 02:33:42,325
there are likely some ways we can clarify some of these regulations make them

2079
02:33:42,725 --> 02:33:46,405
stronger. Uh, so that's something that, that staff can engage in when the timing

2080
02:33:46,945 --> 02:33:49,765
is right. Next slide, please.

2081
02:33:54,605 --> 02:33:58,215
okay. Finding eight. And, uh, in conjunction with recommendation four related

2082
02:33:58,715 --> 02:34:02,155
to records management and records retention. Um,

2083
02:34:02,925 --> 02:34:06,495
this is actually more specifically related to records around bike cases

2084
02:34:07,195 --> 02:34:10,055
and victim's ability to receive records, to request records.

2085
02:34:11,555 --> 02:34:15,535
and we, we said disagree. In part, we do agree with much of

2086
02:34:15,735 --> 02:34:19,135
the finding that the records management needs to be strengthened there.

2087
02:34:19,905 --> 02:34:23,805
uh, there were instances where the records were very slow or they were incomplete

2088
02:34:24,585 --> 02:34:28,375
or, uh, o other issues. And we, we fully agree

2089
02:34:28,725 --> 02:34:32,165
that that will be, uh, strengthened in a new future provider

2090
02:34:33,365 --> 02:34:37,305
contract. But the way, uh, finding aid is worded in the report, it

2091
02:34:37,555 --> 02:34:41,445
also could be read with the assertion that no records

2092
02:34:41,955 --> 02:34:45,885
existed and no records were ever provided. And so we, we didn't think that was

2093
02:34:46,245 --> 02:34:50,125
accurate. I mean, we, we know that's not accurate. Um, so we disagreed with part

2094
02:34:50,365 --> 02:34:53,615
of that finding. Uh, from a practicality standpoint,

2095
02:34:54,705 --> 02:34:58,645
we are in a different position with these types of records than we are with regular

2096
02:34:59,315 --> 02:35:03,285
city created records. So in animal services, most, if not

2097
02:35:03,545 --> 02:35:07,405
all of the records that somebody would be requesting or needing, uh, they're

2098
02:35:07,765 --> 02:35:11,645
created by the provider and they're maintained in a provider database,

2099
02:35:11,925 --> 02:35:15,765
whether they're paper files or electronic files. So the city is really

2100
02:35:16,195 --> 02:35:20,005
reliant on the provider to keep the records, manage the records,

2101
02:35:20,505 --> 02:35:24,485
and inventory them properly, uh, as well as timely and accurately

2102
02:35:24,765 --> 02:35:28,765
provide the records when requested. So, again, and I'm start, I know I sound like a

2103
02:35:28,885 --> 02:35:32,885
broken record, but as we're moving to the new contract, this will be a piece of it. It

2104
02:35:33,045 --> 02:35:36,845
was included in our rfp, uh, for services that we wanna make sure that

2105
02:35:37,185 --> 02:35:41,165
the provider we, we select and contract with is fully

2106
02:35:41,765 --> 02:35:44,285
equipped to, uh, implement this recommendation

2107
02:35:45,945 --> 02:35:49,925
in accordance with the public records act, uh, and with, with victims or other

2108
02:35:50,125 --> 02:35:53,845
folks' rights to request records. Next slide, caitlin.

2109
02:35:58,355 --> 02:36:02,345
okay. Recommendation seven. Um, again, this is

2110
02:36:03,195 --> 02:36:06,985
kind of a repeat from the report a year ago, uh, advocating for and,

2111
02:36:07,385 --> 02:36:10,925
and, and wanting the city to participate in a regional governance

2112
02:36:11,415 --> 02:36:15,365
model. Uh, we said that we would partially implement this, uh, not because

2113
02:36:15,565 --> 02:36:19,325
we don't want to implement it because, but because there are plenty of questions around,

2114
02:36:20,305 --> 02:36:24,075
uh, timing around what the agreement and the collaboration will look like, what

2115
02:36:24,365 --> 02:36:28,205
the costs will be. Uh, and then ultimately, clearly the city

2116
02:36:28,405 --> 02:36:32,405
council still needs to approve and analyze that and tell us to move forward

2117
02:36:32,715 --> 02:36:36,605
with the, uh, the consortium concept. So, again, timing is up

2118
02:36:36,725 --> 02:36:40,125
in the air, but we're actively participating in the county as started those discussions.

2119
02:36:41,635 --> 02:36:45,405
next slide. So, just a few high level themes,

2120
02:36:45,645 --> 02:36:49,645
and we're, we're wrapping up here. So I think one thing that we saw from the grand jury

2121
02:36:49,905 --> 02:36:53,885
is concerns about governance, which we, we did not agree with most of

2122
02:36:54,085 --> 02:36:57,865
those conclusions. Improper delegation of authority or,

2123
02:36:58,545 --> 02:37:02,365
uh, issues or problematic regulations that needed to be, uh, corrected

2124
02:37:02,965 --> 02:37:06,605
in a, in a significant way. Definite themes around oversight.

2125
02:37:07,185 --> 02:37:11,095
and, and we've mentioned those multiple times. So stronger reporting, stronger records management

2126
02:37:11,765 --> 02:37:15,365
and, and records retention, complaint procedures

2127
02:37:16,345 --> 02:37:20,045
for, uh, for folks who are not happy with the services. And then monitoring

2128
02:37:20,665 --> 02:37:24,365
all of those things to be able to see, are we, are we meeting expectations

2129
02:37:25,185 --> 02:37:29,125
or are we falling short? Um, really it's the, the new service agreement,

2130
02:37:29,485 --> 02:37:33,385
because we are currently in an interim agreement with marin humane. The

2131
02:37:33,685 --> 02:37:37,645
new service agreement will be central to all of the corrective actions

2132
02:37:38,005 --> 02:37:41,885
that we're talking about tonight. And then the collaboration with our

2133
02:37:42,325 --> 02:37:46,075
regional city partners and county partners, uh, is a key to long-term

2134
02:37:46,685 --> 02:37:49,165
sustainability with our animal services in son county.

2135
02:37:51,175 --> 02:37:55,085
next slide. I think we all wrap up on this one. So

2136
02:37:55,305 --> 02:37:58,945
we just wanted to conclude by acknowledging that there are opportunities for improvement.

2137
02:37:59,385 --> 02:38:03,265
there absolutely are. We acknowledged that a year ago we've been working diligently on some

2138
02:38:03,505 --> 02:38:07,425
of those corrections, yet we did not agree with many of the findings

2139
02:38:07,825 --> 02:38:11,065
that were in this new report, uh, from the grand jury this year,

2140
02:38:11,995 --> 02:38:15,865
we've got contractual, um, improvements, procedural and operational

2141
02:38:16,695 --> 02:38:20,415
reforms, uh, underway. And our future focus areas will

2142
02:38:20,705 --> 02:38:24,585
include, uh, really all of the above service delivery, reporting, transparency,

2143
02:38:25,185 --> 02:38:29,185
records management, and regional coordination. And just

2144
02:38:29,805 --> 02:38:33,705
in, uh, three or so short months, we are already experiencing a new

2145
02:38:33,865 --> 02:38:37,505
level of service with marin humane, and we look forward to continuing

2146
02:38:38,065 --> 02:38:41,905
the discussions with the county and sonoma humane about our long-term service

2147
02:38:42,435 --> 02:38:46,385
model moving forward. And I think that's all we have for the

2148
02:38:46,505 --> 02:38:50,105
presentation, and staff are, uh, happy to answer questions. Thank you.

2149
02:38:51,195 --> 02:38:55,145
thank you very much. Um, big, big topic

2150
02:38:55,425 --> 02:38:59,265
tonight. Um, any, this is a question period for, for council.

2151
02:38:59,645 --> 02:39:02,025
do we have any questions of, uh, council member sch?

2152
02:39:05,055 --> 02:39:08,965
yeah. Um, some of the main, uh, a couple questions in here, but the main one,

2153
02:39:09,245 --> 02:39:13,185
uh, breaks down to the, um, some of the legal language. I said,

2154
02:39:13,425 --> 02:39:17,425
uh, our response had a lot of nice really legal language in and how,

2155
02:39:17,725 --> 02:39:21,705
how it described both what we agreed with and what we disagree with. So I

2156
02:39:21,825 --> 02:39:25,785
just wanna find out a little bit about what are the legal consequences, like we've disagreed

2157
02:39:26,105 --> 02:39:29,765
with some of the findings. Um, are, are there any, um,

2158
02:39:30,205 --> 02:39:33,985
or what we agreed with, what are the legal consequences now that it's been reported?

2159
02:39:34,285 --> 02:39:38,225
we, we have report back. Um, is it, is this,

2160
02:39:38,475 --> 02:39:41,985
could people take us to court as, as whether or not is this truthful or not?

2161
02:39:42,485 --> 02:39:46,265
things like that. So what are the, some of the legal consequences to the a after

2162
02:39:46,505 --> 02:39:50,085
that we make this report back. So,

2163
02:39:50,565 --> 02:39:54,345
um, the grand jury, the civil grand jury is a, is a

2164
02:39:54,665 --> 02:39:57,765
recommending body and investigating and recommending body. Um,

2165
02:39:58,685 --> 02:40:01,765
but the counsel is the, is the, um,

2166
02:40:03,245 --> 02:40:06,545
is the petaluma electorates, um, elected representatives

2167
02:40:07,425 --> 02:40:11,335
and the legislative body of the city. So the decision whether

2168
02:40:11,845 --> 02:40:15,445
or not to implement the grand jury's recommendations is solely the councils.

2169
02:40:16,625 --> 02:40:20,525
um, there was, were no, as, as, as this assistant

2170
02:40:21,085 --> 02:40:25,045
city manager pointed out, we had some strong disagreements and that

2171
02:40:25,265 --> 02:40:28,705
we explained those in detail with the grand jury's,

2172
02:40:30,185 --> 02:40:33,155
we believe misunderstandings about our charter authorities,

2173
02:40:34,385 --> 02:40:38,205
um, the significance and lawfulness of the council's action

2174
02:40:38,405 --> 02:40:41,825
in directing staff and staff's action in implementing that. Um,

2175
02:40:42,745 --> 02:40:46,745
so those are legal matters, but, um, the council, or

2176
02:40:47,225 --> 02:40:49,145
I'm sorry, the grand jury, um,

2177
02:40:51,385 --> 02:40:55,365
is, as I said, uh, investigating and recommending body. They're, they're, they're not

2178
02:40:55,565 --> 02:40:59,485
a court. Um, they're overseen by the presiding judge

2179
02:41:00,305 --> 02:41:04,185
and they're advised by county counsel that is assigned to them. But that's it. So

2180
02:41:04,635 --> 02:41:08,295
it's really up to the council to conclude, you know, with staff

2181
02:41:08,655 --> 02:41:12,155
input and community input, um, what direction

2182
02:41:12,765 --> 02:41:16,165
the council has going forward as to these issues.

2183
02:41:16,825 --> 02:41:20,605
and what we've provided is our recommended draft based on the analysis and the explanations

2184
02:41:21,175 --> 02:41:25,035
we've given, um, to be the legally

2185
02:41:26,085 --> 02:41:29,685
compliant response. You saw, um, brian talked about

2186
02:41:30,585 --> 02:41:34,445
the pretty formulaic, um, way we need to structure our responses.

2187
02:41:35,185 --> 02:41:39,005
um, that's prescribed in the penal code statutes that govern these reports.

2188
02:41:40,105 --> 02:41:43,295
so, so there's no direct legal, um,

2189
02:41:44,735 --> 02:41:48,715
you know, consequences. We, with respect to our animal services program, like anything else

2190
02:41:48,935 --> 02:41:52,595
we do, we have to follow the law, we have to follow our charter, we have to follow the municipal

2191
02:41:52,995 --> 02:41:56,575
code. Um, and there's potential legal exposure if we don't. Um,

2192
02:41:57,015 --> 02:42:00,955
but we don't believe there are any instances, um, of that kind of exposure.

2193
02:42:01,335 --> 02:42:05,195
if, if there were, we, you know, we'd be identifying those, right? So I'm looking at,

2194
02:42:05,395 --> 02:42:09,175
at possible exposures on things, um, because I found the language to,

2195
02:42:09,895 --> 02:42:13,305
um, be avoiding of a lot of details that were very generic,

2196
02:42:14,085 --> 02:42:17,935
vague, and, um, um, inconsequential and,

2197
02:42:18,155 --> 02:42:21,775
and hard to measure as goals and hard to really see what is

2198
02:42:22,235 --> 02:42:25,875
actually going to happen. It was very, very, we're going to improve, we will make it better.

2199
02:42:26,775 --> 02:42:30,675
uh, I didn't find a lot of did was that, uh, on purpose? Uh, what

2200
02:42:30,955 --> 02:42:34,745
did we exactly, we said we agree in part, but you never listed what

2201
02:42:35,035 --> 02:42:38,885
we actually agreed to and what was the evidence that we agreed to that was found.

2202
02:42:40,055 --> 02:42:43,995
and even in the results, we're going to improve. We're not really listing,

2203
02:42:44,285 --> 02:42:47,965
we're gonna do this, we're gonna have a database, we're gonna do, have a city control of this. We're,

2204
02:42:48,495 --> 02:42:52,365
so what you described on your screen seemed to be a little bit more detailed about

2205
02:42:52,715 --> 02:42:56,635
what we're actually going to do, not just improve. I was wondering why,

2206
02:42:56,815 --> 02:43:00,795
why that, uh, language was avoided or intentionally, or do we really need to add

2207
02:43:00,975 --> 02:43:04,545
in the language of what do we actually agree with? What parts exactly?

2208
02:43:06,465 --> 02:43:10,395
well, well, as brian explained, we, I mean the, and I don't know if you wanna,

2209
02:43:10,725 --> 02:43:14,685
maybe we should bring back up that slide that has those formulaic responses

2210
02:43:15,045 --> 02:43:18,825
that the penal code dictates that we use. So

2211
02:43:19,625 --> 02:43:23,025
we, we really, we used the language that the law requires that we use,

2212
02:43:24,385 --> 02:43:28,365
as brian said, if, um, it would've seemed, I

2213
02:43:28,485 --> 02:43:32,215
think, I don't know, maybe,

2214
02:43:33,745 --> 02:43:37,645
you know, we would've preferred to use language about agreeing in part instead of disagreeing in

2215
02:43:37,805 --> 02:43:41,385
part, for example, 'cause it's just more negative. But that's what we use. The, the,

2216
02:43:41,865 --> 02:43:44,465
the language that's required on the penal code. Um,

2217
02:43:46,285 --> 02:43:49,705
I, you know, I I leave it to staff or to,

2218
02:43:50,305 --> 02:43:54,295
you know, if there's, um, there's certainly no desire on our

2219
02:43:54,495 --> 02:43:57,795
part to not be clear in the responses. Um,

2220
02:43:58,685 --> 02:44:02,385
it's, it's a rather detailed draft that we provided to the council. We've

2221
02:44:02,735 --> 02:44:06,385
been pretty clear about the process that's underway. Um, we've

2222
02:44:06,855 --> 02:44:10,495
also been clear that, um, the real nitty

2223
02:44:11,055 --> 02:44:14,535
gritty of the, the running of the program and the obligations

2224
02:44:15,195 --> 02:44:19,055
of the contract service provider is, is, is gonna be in the scope of work of the

2225
02:44:19,455 --> 02:44:22,995
services contract. Um, and that's what we'll be, um,

2226
02:44:23,505 --> 02:44:27,015
using to hold the contract service provider a, a accountable.

2227
02:44:28,235 --> 02:44:31,935
and that's, and I would suggest that that's what the council

2228
02:44:32,435 --> 02:44:36,335
should use to hold the service provider and staff accountable

2229
02:44:37,195 --> 02:44:40,635
in terms of the administration of that contract. Um, so

2230
02:44:42,445 --> 02:44:46,205
I don't know, I, I don't know what I'm missing in the response, but that, that's, well,

2231
02:44:46,765 --> 02:44:50,565
I mean, maybe an example is helpful. So for example, finding

2232
02:44:50,965 --> 02:44:54,725
number four, and I'll just read it, uh, verbatim, by failing

2233
02:44:55,105 --> 02:44:58,445
to develop a system to document and respond to citizen complaints,

2234
02:44:59,465 --> 02:45:03,345
the city manager's office lost opportunities to receive and respond to

2235
02:45:03,565 --> 02:45:06,825
community input. So that's pretty

2236
02:45:07,615 --> 02:45:11,565
vague in terms of what the grand jury is recommending for implementation. Now, there

2237
02:45:11,765 --> 02:45:15,365
is a corresponding recommendation, but basically all, all of the recommendation

2238
02:45:15,995 --> 02:45:19,865
says is the city council should adopt a system to receive and

2239
02:45:20,085 --> 02:45:24,085
follow up on, uh, citizen complaints. I mean, the recommendation is

2240
02:45:24,285 --> 02:45:28,025
also very, uh, very vague and it leaves a lot of the detail

2241
02:45:28,545 --> 02:45:32,405
to be filled in by the city. Um, so again, like eric

2242
02:45:32,755 --> 02:45:36,125
said there, at the end of his comments, we'll be looking to work with our service

2243
02:45:36,765 --> 02:45:40,515
provider, and we included specific language in the rfp that said,

2244
02:45:41,545 --> 02:45:45,505
please outline. And, uh, it's a requirement to

2245
02:45:45,835 --> 02:45:48,925
have a clear reporting and complaint procedure,

2246
02:45:49,945 --> 02:45:53,945
uh, as well as we required in the rfp, that the, um,

2247
02:45:54,635 --> 02:45:58,495
with the quarterly reporting, all of the complaints that are filed,

2248
02:45:59,185 --> 02:46:03,025
uh, with the service provider need to be provided to the city manager's office. So

2249
02:46:03,735 --> 02:46:07,545
we're starting to outline what that looks like. But again, depending on the

2250
02:46:07,925 --> 02:46:11,845
provider's own systems, what they already have in place, um, how their

2251
02:46:12,115 --> 02:46:15,635
routing and, um, and, uh, oversight already

2252
02:46:16,215 --> 02:46:20,085
looks, the, the pro the specific details of the process,

2253
02:46:21,145 --> 02:46:25,045
uh, may still need to be worked out and finalized. So that's kind of part of

2254
02:46:25,245 --> 02:46:29,245
what we're going through now in developing the agreement and the scope of work with the, uh,

2255
02:46:29,465 --> 02:46:33,425
the future provider, but other, other ones in this report. And

2256
02:46:33,665 --> 02:46:37,645
in some of the city's, um, you know, declarations that we are

2257
02:46:37,805 --> 02:46:41,725
going to make, you know, improvements here or improvements there, those are going

2258
02:46:41,925 --> 02:46:45,645
to happen once the new provider is already on board, they're up and running.

2259
02:46:46,425 --> 02:46:50,245
we can see, you know, what does their data look like? How are their, uh, procedures

2260
02:46:50,665 --> 02:46:54,515
and flow within the shelter? What are the specific procedures about bite

2261
02:46:54,875 --> 02:46:58,635
reporting, um, or animal control calls? So some

2262
02:46:58,925 --> 02:47:02,805
of these things, again, are gonna have to wait. Other ones, I think we can

2263
02:47:02,965 --> 02:47:06,885
have a little bit more clear idea of, of what they're going to look like

2264
02:47:07,515 --> 02:47:10,925
with input, again from the provider, um, as we move forward.

2265
02:47:12,425 --> 02:47:16,265
and, uh, I guess the last question we might have is, is, um, if we

2266
02:47:16,485 --> 02:47:20,405
wanted, do we need to accept this, like right at this point in time, do we need to

2267
02:47:20,525 --> 02:47:24,405
accept this report pretty much as written? Are we allowed to tweak it? Do we,

2268
02:47:24,665 --> 02:47:28,665
can we advise you to go back and look at some of the language that's in there? 'cause, um,

2269
02:47:28,905 --> 02:47:32,305
the way it's written in some ways, not very, um,

2270
02:47:33,305 --> 02:47:37,245
uh, natural, it's has some legal languages, as you said,

2271
02:47:37,435 --> 02:47:40,945
it's very tight as document is what, what we can

2272
02:47:41,505 --> 02:47:45,445
say in there. So is there any, um, how much effort would it take

2273
02:47:45,705 --> 02:47:49,685
and are we required to actually review in more detail or in detail

2274
02:47:50,225 --> 02:47:54,165
how to take it to the next step? Do we do that or just go with

2275
02:47:54,325 --> 02:47:58,285
what you've got at this point? So the, the agenda item

2276
02:47:58,525 --> 02:48:02,165
is structured with the resolution for the council to approve the report as written.

2277
02:48:02,785 --> 02:48:06,605
the council also would have the option to amend it here tonight. If, if somebody wanted to

2278
02:48:06,805 --> 02:48:10,685
propose and, uh, approve specific language, uh, changes,

2279
02:48:11,265 --> 02:48:14,825
that's, that's fine. Um, the report,

2280
02:48:15,565 --> 02:48:19,385
I, I think I've, I've done them. The, uh, the, the 90 day

2281
02:48:19,845 --> 02:48:23,825
calculus. So we have 90 days, um, after the issuance of the report, I believe that would mean we

2282
02:48:24,045 --> 02:48:27,965
would need to have the report to the grand jury and approved by something like august 9th.

2283
02:48:29,545 --> 02:48:33,045
um, so if the counsel wanted us to come back on august 3rd, that is theoretically

2284
02:48:34,005 --> 02:48:37,315
possible. Um, lemme put this depending on this differently. Yeah.

2285
02:48:38,065 --> 02:48:41,995
did you have a particular area or paragraph that you, uh, wanted to well, the only one, like

2286
02:48:42,285 --> 02:48:46,205
up reading through it in, in general, as, as I'm reading it, uh, being, having been in

2287
02:48:46,325 --> 02:48:49,765
the corporate world, looking at documents of complaints and, and, and revisions and, and recommendations,

2288
02:48:50,985 --> 02:48:54,925
um, from the corporate world, this would be very dissatisfactory because it's not de, there's no

2289
02:48:55,045 --> 02:48:59,045
details in it. It's a very vague language, and we expect measurable goals to be

2290
02:48:59,125 --> 02:49:03,085
listed down a little bit more in detail. Okay. To fleshed out. So, uh, that

2291
02:49:03,285 --> 02:49:06,585
was, I, I was, that's not a question, that was a question, but it was a, um,

2292
02:49:07,705 --> 02:49:11,445
uh, a request sort of like thinking about what opportunity do we have to, to revise

2293
02:49:11,805 --> 02:49:15,765
some of that. Um, and, um, how much effort is it

2294
02:49:15,845 --> 02:49:19,665
really worth putting in at this point in time? Yeah, I'm kind of with you on that. I hear, I hear you on this. Um,

2295
02:49:20,045 --> 02:49:23,895
I, I think the grand jury report requires us to do certain things,

2296
02:49:24,725 --> 02:49:28,135
address certain things, but, um, it doesn't, um,

2297
02:49:28,795 --> 02:49:32,495
you know, many of the things that we're saying we're addressing aren't available on the timeline to reply

2298
02:49:32,815 --> 02:49:36,515
to the grand jury. They're to develop more metrics and,

2299
02:49:36,835 --> 02:49:40,755
and more specifics for our benefit for the community's benefit and things like that. So

2300
02:49:41,655 --> 02:49:45,295
I like the idea having more detail in when the, um, rfp

2301
02:49:45,735 --> 02:49:49,675
comes out or when the negotiated, uh, proposal comes out. But for

2302
02:49:49,895 --> 02:49:53,245
the timeline of getting it in august, uh, date,

2303
02:49:54,215 --> 02:49:58,095
I think this is the kind of data that the grand jury's looking for. You're treating this problem we addressed.

2304
02:49:58,455 --> 02:50:01,565
right? I, I generally agree with the, um, the overall perspective

2305
02:50:02,755 --> 02:50:06,515
on, on it. I'm just missing, um, the length of the agreements was

2306
02:50:07,365 --> 02:50:11,295
very vague and small, and the disagreements was very long and a little more detailed,

2307
02:50:11,475 --> 02:50:15,175
and I was expecting a little more balance between the two. But, uh, that's, that's,

2308
02:50:15,495 --> 02:50:18,975
that's just me if, if I would rewrite it. But again, I, uh, this is a legal

2309
02:50:19,535 --> 02:50:23,375
document. I just wanna be careful around the legalities, what could be used

2310
02:50:23,675 --> 02:50:27,495
for down the road if we say, if we try to be too tight, do things. Good point.

2311
02:50:28,545 --> 02:50:32,535
thank you. Council member, quint, any, uh, questions? We're still in questions.

2312
02:50:33,085 --> 02:50:36,675
yeah. Um, my mine is just more kind of, um,

2313
02:50:38,495 --> 02:50:42,255
I, I, I think pretty basic. You, you talked about a software,

2314
02:50:42,955 --> 02:50:46,045
um, solution. Was that for licensing only

2315
02:50:47,555 --> 02:50:51,055
the specific software that the grand jury referenced was specifically for licensing?

2316
02:50:51,715 --> 02:50:55,635
yes. Got it. Uh, so

2317
02:50:57,345 --> 02:51:01,275
where I was kinda where my head was at with the whole, um,

2318
02:51:01,605 --> 02:51:05,495
challenge around reporting, um, you know, most organizations

2319
02:51:06,475 --> 02:51:10,225
use some kind of, you know, erp to run their

2320
02:51:10,535 --> 02:51:13,495
operation, and I would think that reporting,

2321
02:51:15,085 --> 02:51:19,065
you know, ought to be able to, you know, come out of that. So I

2322
02:51:19,185 --> 02:51:22,665
wasn't sure if that, um, if that software license,

2323
02:51:23,485 --> 02:51:27,425
you know, if that, if that, uh, platform, um, was something that would

2324
02:51:27,625 --> 02:51:31,565
solve for that. But just kind of looking online, it seems like the

2325
02:51:31,995 --> 02:51:35,725
major, uh, animal service players that are in the,

2326
02:51:36,045 --> 02:51:39,625
you know, in this area, aside from north bay animal services,

2327
02:51:40,855 --> 02:51:44,385
have robust systems. Um, so one would think that reporting,

2328
02:51:45,175 --> 02:51:49,055
they ought to be able that, like, that's kinda like standard stuff. Um,

2329
02:51:49,455 --> 02:51:52,995
one would hope. Um, that was my only question on that.

2330
02:51:53,735 --> 02:51:57,525
in terms of the, uh, again,

2331
02:51:57,875 --> 02:52:01,795
this is just kind of an immediate thing on the whole, you know, having a procedure

2332
02:52:02,415 --> 02:52:05,655
for dog bites, um, or animal bites,

2333
02:52:06,465 --> 02:52:09,705
um, you know, both, uh, sonoma

2334
02:52:10,585 --> 02:52:14,425
humane and marin humane have, you know,

2335
02:52:14,685 --> 02:52:18,625
uh, their portals have a place for dog bite reports.

2336
02:52:19,205 --> 02:52:22,865
so whoever the responsible party is, maybe it's something as simple

2337
02:52:23,485 --> 02:52:26,665
as, um, the city's website has a link to that.

2338
02:52:27,605 --> 02:52:30,965
um, you know, right at this point

2339
02:52:31,865 --> 02:52:35,405
in our current setup, it might be confusing as to who to go to.

2340
02:52:36,545 --> 02:52:40,355
so just a suggestion. That was it. Okay. Council

2341
02:52:40,845 --> 02:52:44,525
member now, um, thank you, um, on the findings,

2342
02:52:45,465 --> 02:52:49,345
um, one, there is no mention of, um,

2343
02:52:50,625 --> 02:52:53,765
the now, um, we don't have the animal services committee,

2344
02:52:54,785 --> 02:52:58,615
but is that something that we could say that we're going to bring

2345
02:52:59,115 --> 02:53:02,955
back? Because that has, um, the public sitting

2346
02:53:03,625 --> 02:53:07,225
on the committee with a council liaison, um,

2347
02:53:07,685 --> 02:53:11,665
I remember being on it in 2007, and it

2348
02:53:12,375 --> 02:53:15,485
helps bring these things to the attention

2349
02:53:16,515 --> 02:53:20,185
that it, if it slips through the cracks like this, um,

2350
02:53:21,985 --> 02:53:25,885
you know, the grand jury found that things slipped through the cracks, and I am

2351
02:53:26,005 --> 02:53:29,945
embarrassed that it happened in that element, but I'd like to know how we

2352
02:53:30,165 --> 02:53:34,035
can bring an animal services committee back so that there is some

2353
02:53:34,325 --> 02:53:37,925
more attention given. And that's what our committees

2354
02:53:38,525 --> 02:53:41,785
do, is they look into it and investigate and bring things to

2355
02:53:42,745 --> 02:53:46,665
the, um, attention of staff and the council. So

2356
02:53:47,025 --> 02:53:51,025
that's one of my, um, questions. The other one

2357
02:53:51,305 --> 02:53:54,325
is the dog licensing. Um, I know that

2358
02:53:55,625 --> 02:53:59,465
the findings f three, it's ultimate their responsibility

2359
02:54:00,385 --> 02:54:03,865
of the owner that many of the owners are not

2360
02:54:04,525 --> 02:54:08,225
computer literate. And, you know, they're gonna depend on

2361
02:54:08,725 --> 02:54:12,555
a paper bill, just like their water bill, just like their pg e bill, because

2362
02:54:13,865 --> 02:54:17,765
not all don dog owners know, oh, I need to

2363
02:54:18,445 --> 02:54:22,445
remember to pay my dog license. Um, you know, they may not know when

2364
02:54:22,645 --> 02:54:26,505
it, um, it needs to be renewed. So

2365
02:54:27,035 --> 02:54:30,525
that was one thing I wanted to ask that maybe we think about

2366
02:54:31,335 --> 02:54:35,265
those people that aren't on computers, um, who

2367
02:54:35,545 --> 02:54:39,405
depend on paper bills for, um, renewing

2368
02:54:39,995 --> 02:54:43,945
licensing, et cetera, and paying bills. Um, the other one

2369
02:54:44,705 --> 02:54:48,075
was, um, the finding of

2370
02:54:49,095 --> 02:54:52,875
f five, and I have to find it real fast, um,

2371
02:54:54,045 --> 02:54:57,605
explain how our partnerships with

2372
02:54:58,305 --> 02:55:01,645
nonprofits work. Um, they

2373
02:55:02,355 --> 02:55:06,355
accuse us, of course, of not having responsibility to review financial

2374
02:55:07,165 --> 02:55:10,695
stability of nbas. We have many nonprofits

2375
02:55:11,365 --> 02:55:15,145
that we contract with to do services in our community. Um,

2376
02:55:15,375 --> 02:55:18,425
maybe you can explain what, um,

2377
02:55:20,035 --> 02:55:23,855
what is in the contract that we can see

2378
02:55:24,075 --> 02:55:27,955
their financial, um, obligation to the

2379
02:55:28,115 --> 02:55:32,035
city because sure. We, we don't have, we didn't have anything to

2380
02:55:32,195 --> 02:55:36,075
do with the, um, other things that nbas was doing

2381
02:55:36,485 --> 02:55:39,825
other than what our city contract. So maybe you could explain that.

2382
02:55:40,975 --> 02:55:44,875
and I think that's all my questions. The other

2383
02:55:44,995 --> 02:55:48,545
ones were on our afternoon questions, our council

2384
02:55:49,355 --> 02:55:52,785
questions, so sure. So specifically on the financial oversight,

2385
02:55:53,895 --> 02:55:57,555
um, you're right, we do have many nonprofits that we work with providing services.

2386
02:55:58,935 --> 02:56:02,645
um, there are typically standard, you know, pretty, pretty vanilla provisions

2387
02:56:03,315 --> 02:56:07,315
within the contracts that talk about, uh, you know, we have the ability to inspect books

2388
02:56:07,575 --> 02:56:11,275
and records and we can, uh, audit in a, you know,

2389
02:56:11,835 --> 02:56:14,935
ledgers and invoices, et cetera, if, if we want, um,

2390
02:56:15,915 --> 02:56:19,755
I, I don't know of a time that we have needed or, or, uh, chosen

2391
02:56:20,215 --> 02:56:23,915
to exercise those provisions. I mean, the reality is, at the end of the day,

2392
02:56:24,575 --> 02:56:28,555
the obligation for the service provider is to provide the scope of

2393
02:56:28,875 --> 02:56:32,775
services that is in the agreement, right? And how they do that, that's really on

2394
02:56:32,995 --> 02:56:36,915
them, and that they're a third party nonprofit that is not affiliated

2395
02:56:37,355 --> 02:56:41,075
with the city other than the fact that we are in a contract with

2396
02:56:41,435 --> 02:56:45,315
'em. So that's why in the body of our response, and, and I think in my

2397
02:56:45,675 --> 02:56:49,635
comments tonight, we mentioned that, uh, there, the, the duty is really on the

2398
02:56:49,805 --> 02:56:53,675
board of directors of the nonprofit to ensure that they have

2399
02:56:53,995 --> 02:56:57,955
the stability, uh, the financial wherewithal to provide the, the level

2400
02:56:58,135 --> 02:57:01,815
of service that they're, that they're committing to. Um, or

2401
02:57:02,535 --> 02:57:06,335
we need to have a follow up conversation right about, uh, you know, do we need, is

2402
02:57:06,555 --> 02:57:10,395
there some help that the city can provide? Do we need to change the scope, amend the,

2403
02:57:10,615 --> 02:57:14,355
uh, the contract, et cetera? Um, but I can't think of another

2404
02:57:14,635 --> 02:57:18,505
time when we have needed or, or elected to, uh, essentially

2405
02:57:19,195 --> 02:57:22,915
audit the financials of another third party nonprofit entity that we

2406
02:57:23,235 --> 02:57:27,175
contract with. Yeah. Uh, I, my

2407
02:57:27,395 --> 02:57:31,355
comment is kind of going along that same line, uh, not so much critique of, uh, what we've

2408
02:57:31,675 --> 02:57:35,265
written in the grand jury, but what the lessons learned and how are we adopting them here.

2409
02:57:36,055 --> 02:57:39,865
um, like in, in our, um, in our new proposal that

2410
02:57:40,155 --> 02:57:44,035
we, our new contract with nonprofit, um, more on that,

2411
02:57:44,215 --> 02:57:47,835
uh, council member now's point, um, you know, we require insurance

2412
02:57:48,385 --> 02:57:51,915
from each of them. We require the insurance to be updated per e every year,

2413
02:57:52,415 --> 02:57:56,035
and we require that somebody check that they sent in the insurance and they're still under

2414
02:57:56,555 --> 02:58:00,475
contract. And one differentiation between most contracts in

2415
02:58:00,595 --> 02:58:03,805
this contract is this is an enduring contract, a multi-year

2416
02:58:04,605 --> 02:58:07,965
contract. It's not, uh, you know, put in, uh, paving from this corner to that corner.

2417
02:58:08,665 --> 02:58:12,495
so it requires us to monitor on a longer range basis.

2418
02:58:13,905 --> 02:58:17,035
um, while we wouldn't want to audit firm,

2419
02:58:19,145 --> 02:58:22,435
you know, there should be triggers to show that a board is weakening

2420
02:58:23,465 --> 02:58:27,365
or not fulfilling their obligation, and yet they're providing us a

2421
02:58:27,725 --> 02:58:31,675
critical service. Can we, uh, have things in like, um, they

2422
02:58:31,965 --> 02:58:35,285
must submit their annual financials and we won't judge,

2423
02:58:36,305 --> 02:58:40,105
but they just, the fact that they did them and submitted them is

2424
02:58:40,405 --> 02:58:44,065
a sign of robustness. Uh, similarly, um, their, their, uh,

2425
02:58:44,905 --> 02:58:48,805
tax responsibility, even the nonprofits have to file a tax. And in many of

2426
02:58:49,045 --> 02:58:52,965
'em you see that that's the burden they don't actually get to because they're too busy chasing

2427
02:58:53,285 --> 02:58:57,205
animals or, you know, or whatever their primary function is, is they've lost

2428
02:58:57,405 --> 02:59:01,155
organizational strength. So I would love to see us have

2429
02:59:01,445 --> 02:59:05,245
that. I'm seeing head nodding. So that was a question. The answer is yes. Great.

2430
02:59:05,705 --> 02:59:09,285
um, uh, then the second question, um, so in the bite victim

2431
02:59:09,745 --> 02:59:13,545
at hearing, um, is it typical or

2432
02:59:13,765 --> 02:59:17,725
have we examined yet whether that is a typical process for say, marin or sonoma?

2433
02:59:20,115 --> 02:59:23,925
yeah, in looking at some other city's, um, procedures, it's, it's pretty

2434
02:59:24,125 --> 02:59:27,385
typical. Yes. So I would love to see that recommendation

2435
02:59:28,285 --> 02:59:32,205
agreed to, um, down the road. And, uh, those,

2436
02:59:32,365 --> 02:59:35,085
those were two, my two primary questions. Council member di carly,

2437
02:59:39,355 --> 02:59:42,685
what happens if the city refutes the grand jury's report?

2438
02:59:44,715 --> 02:59:47,855
which I think in this case, I mean, a lot of it is refuted. I mean, what,

2439
02:59:48,935 --> 02:59:52,895
what, um, you know, what happens then? Well,

2440
02:59:53,185 --> 02:59:57,145
I think that's, that was reflected, um, in eric's answer to, uh, council

2441
02:59:57,305 --> 03:00:01,005
member schwab's question a bit. There, there's no sort of legal weight

2442
03:00:01,565 --> 03:00:05,375
behind the recommendations necessarily. It is a recommending body.

2443
03:00:06,125 --> 03:00:09,945
um, our obligation is to, uh, file a response

2444
03:00:10,605 --> 03:00:14,425
and state whether we agree or disagree with the findings and why, and then,

2445
03:00:14,885 --> 03:00:18,625
uh, report on the recommendations and whether or not we are electing to implement

2446
03:00:18,945 --> 03:00:22,765
them or maybe they've already been implemented. So that's really the extent of the city's

2447
03:00:23,315 --> 03:00:25,545
legal obligation in this, uh, grand jury process.

2448
03:00:28,085 --> 03:00:32,025
and then what, uh, tools or methods do we have to get some of

2449
03:00:32,105 --> 03:00:34,225
the answers people are seeking out of nbas,

2450
03:00:36,335 --> 03:00:38,875
you know, for people in the public and people affected by this?

2451
03:00:41,245 --> 03:00:45,045
I'm sorry, could you elaborate on that? The answers to

2452
03:00:45,335 --> 03:00:49,165
what, I mean, people have lots of questions and answers and have for eight years now.

2453
03:00:50,285 --> 03:00:53,585
and so what, you know, people are kind of demanding accountability.

2454
03:00:54,735 --> 03:00:58,305
what, what sort of tools do we have, you know, as somebody who's contractually

2455
03:00:58,965 --> 03:01:02,875
obligated to us, probably considered a partner, um, and a nonprofit, like

2456
03:01:04,365 --> 03:01:08,145
how do we get those answers? Well, we've started that process

2457
03:01:08,825 --> 03:01:12,455
a little bit. Um, the council on, at the march 2nd meeting requested

2458
03:01:13,305 --> 03:01:17,245
a forensic audit of nbas. We have kicked off

2459
03:01:17,465 --> 03:01:21,345
with a, uh, auditing firm, and it's, uh, it's not a full

2460
03:01:22,145 --> 03:01:25,965
forensic audit at this point, um, but it's a, uh,

2461
03:01:26,265 --> 03:01:29,745
a risk review and a, a fraud risk review and a contract compliance

2462
03:01:31,045 --> 03:01:34,735
review, basically. And so that is what we view. That's sort of like step

2463
03:01:35,205 --> 03:01:39,085
one. We'll see what that comes back with, and if we need to follow up

2464
03:01:39,405 --> 03:01:43,325
on any of the findings from that report, then we'll go ahead and do that. Um, but that's,

2465
03:01:43,985 --> 03:01:47,945
I think, I think where you're, where you're headed and, uh, we look forward to working

2466
03:01:48,225 --> 03:01:51,825
with our, uh, the accounting firm to, to see if they come back with anything substantive.

2467
03:01:53,175 --> 03:01:56,905
what does the risk review mean? Well, they're, they're performing

2468
03:01:57,505 --> 03:02:01,365
a variety of procedures, looking at, uh, their detailed, uh, uh,

2469
03:02:01,855 --> 03:02:05,495
general ledger data. So we have that and looking at what,

2470
03:02:06,365 --> 03:02:10,325
um, you know, are there any irregularities in the payments, any, um, things

2471
03:02:10,745 --> 03:02:14,545
that might trigger or, um, think that there could be some fraud that had

2472
03:02:14,945 --> 03:02:18,705
occurred. Uh, so they're, they're doing a variety of reviews of their

2473
03:02:18,955 --> 03:02:22,695
financials to, um, to see if anything kind of pops

2474
03:02:22,985 --> 03:02:26,905
or like rises to the top that, hey, we think there might be a problem here. We should look further.

2475
03:02:27,725 --> 03:02:31,665
um, and they, they may or may not find anything. And so we're

2476
03:02:31,945 --> 03:02:35,905
kind of waiting for that review to, to be concluded. And then we'll

2477
03:02:36,225 --> 03:02:40,185
see if there are any next steps that come from that. Are we receiving compliance

2478
03:02:40,645 --> 03:02:44,545
on that? I'm sorry, from nbas? Are we

2479
03:02:44,665 --> 03:02:47,045
receiving compliance thus far? Yes.

2480
03:02:49,585 --> 03:02:53,525
and then, um, you know, one response in the letter

2481
03:02:53,915 --> 03:02:57,885
refutes that authority was not taken from the council. So how frequently over

2482
03:02:58,165 --> 03:03:01,915
the past eight years were serious issues, regular reporting oversight

2483
03:03:02,525 --> 03:03:05,085
or matters, you know, of concern brought to the council?

2484
03:03:08,805 --> 03:03:12,645
how often were those issues brought to the council? Is

2485
03:03:12,865 --> 03:03:16,585
that the question? Right, because the, you know, the whole

2486
03:03:16,985 --> 03:03:20,625
question in that part of the report is about, you know, it questions whether

2487
03:03:21,375 --> 03:03:25,305
city manager's office is making all the decisions or the council, the response

2488
03:03:25,445 --> 03:03:29,425
has been, this is the council's authority. Mm-hmm . How often over that eight

2489
03:03:29,625 --> 03:03:32,625
year period were issues brought to the council

2490
03:03:34,205 --> 03:03:38,165
and reports? Well, there were multiple touch points during that time. So

2491
03:03:38,485 --> 03:03:42,425
the city council through a public process, um, you know, a rfp

2492
03:03:42,865 --> 03:03:46,825
process and publicly noticed meetings issued the original contract

2493
03:03:47,145 --> 03:03:51,065
back in 2018, there, um, there was

2494
03:03:51,265 --> 03:03:55,075
an amendment to that con, so the initial agreement was a three year agreement. There

2495
03:03:55,425 --> 03:03:59,245
was an amendment to that agreement that the council deliberated on, I believe, in

2496
03:03:59,445 --> 03:04:02,475
2020, uh, to do a contract extension.

2497
03:04:03,465 --> 03:04:07,305
and so that came to council at a public meeting and was approved by

2498
03:04:07,525 --> 03:04:11,485
council. Uh, we did have the discussion about, as council member now alluded

2499
03:04:11,805 --> 03:04:14,085
to the animal services committee, I believe that was in 2022.

2500
03:04:15,865 --> 03:04:19,645
uh, so that was another touch point. And then we've had the grand jury reports

2501
03:04:20,185 --> 03:04:24,095
for the last two years. So that's at least, you know, four or five times we've

2502
03:04:24,605 --> 03:04:28,325
reviewed it. Uh, additionally, the, the council approves the budget every year,

2503
03:04:28,845 --> 03:04:32,245
ultimately. And that's, you know, just one piece of authority that the council

2504
03:04:33,085 --> 03:04:37,085
exercises, uh, if there were concerns that the council felt needed

2505
03:04:37,505 --> 03:04:41,345
to be addressed, uh, you obviously all have, uh,

2506
03:04:41,585 --> 03:04:45,365
the ability to speak to staff, speak to the city manager, and, uh, and request,

2507
03:04:46,225 --> 03:04:50,205
you know, new analysis, different analysis, um, or, or bring

2508
03:04:50,485 --> 03:04:54,365
an item back. And, and actually, I'm sorry, I failed to mention one. Uh, the march 2nd

2509
03:04:54,805 --> 03:04:58,805
meeting I think is another good example where we, we recognize the issues, brought

2510
03:04:59,165 --> 03:05:02,845
it to you all for a decision, uh, and you made the decision that you made that night.

2511
03:05:03,225 --> 03:05:06,195
so anyway, there have been a number of them. Yeah.

2512
03:05:07,545 --> 03:05:11,525
and then what, I have a couple more questions. What action was the city

2513
03:05:12,045 --> 03:05:14,845
supposed to take if contractual obligations were not fulfilled?

2514
03:05:18,345 --> 03:05:22,295
essentially, there are two ways that we can enforce the contract or

2515
03:05:22,515 --> 03:05:26,475
enforce non-compliance in the contract. One way is that we can withhold

2516
03:05:27,035 --> 03:05:30,915
payment. So if there's a portion of the services that we didn't receive,

2517
03:05:31,375 --> 03:05:35,335
we can withhold payment. The second way we can enforce the contract is

2518
03:05:35,555 --> 03:05:39,435
to terminate the contract for non-compliance. So those are essentially the two enforcement

2519
03:05:39,995 --> 03:05:43,955
mechanisms that we have. Mm-hmm . No, thank you. 'cause I did pull up the contract

2520
03:05:44,375 --> 03:05:48,215
and it is stated several times, and the first being in the standard of

2521
03:05:48,435 --> 03:05:52,195
performance that, you know, contractors failure to comply with any laws or regulations

2522
03:05:52,715 --> 03:05:56,515
applicable to the performance of the services shall constitute a default subject

2523
03:05:57,235 --> 03:06:00,635
determination of this agreement in accordance with section 25 b, the agreement.

2524
03:06:01,455 --> 03:06:05,135
so, you know, I, I mean, I'll talk more about that in comment, but

2525
03:06:06,215 --> 03:06:10,155
it seems like there were several years where they violated this. And again, it's mentioned

2526
03:06:10,435 --> 03:06:13,215
throughout the contract more and more times. Um,

2527
03:06:14,725 --> 03:06:18,675
kinda the last question I have is, excuse me, uh, vice mayor, I, I'd like

2528
03:06:18,835 --> 03:06:22,675
to just briefly add, there are those formal remedies in the contract,

2529
03:06:23,055 --> 03:06:26,395
but, um, there are other,

2530
03:06:27,255 --> 03:06:31,075
um, steps that can be taken. We took some of them. One of them was when the

2531
03:06:31,275 --> 03:06:35,195
consultant was retained to try to improve the performance that we knew was lacking.

2532
03:06:36,215 --> 03:06:39,095
and that's not something the contract spells out, but, um,

2533
03:06:40,385 --> 03:06:44,195
it's an option. Another option is amending the contract. If there, if it's

2534
03:06:44,475 --> 03:06:48,315
thought that the scope isn't clear or there's some other kind of change in the

2535
03:06:48,675 --> 03:06:52,355
contract or, um, requirements that need to be added to ensure compliance,

2536
03:06:52,795 --> 03:06:56,235
that's, that's an option. And I think we would've anticipated

2537
03:06:56,945 --> 03:07:00,905
and did anticipate that it, we might be seeing those results as

2538
03:07:01,125 --> 03:07:04,765
a result of the consultant, um, engagement. But we know that wasn't successful

2539
03:07:05,285 --> 03:07:08,665
because nbas wouldn't, wouldn't cooperate. So, um,

2540
03:07:09,975 --> 03:07:13,825
there are the express remedies stated in the contract and

2541
03:07:14,065 --> 03:07:17,795
as the awarding agency and, and with

2542
03:07:18,085 --> 03:07:21,765
remedies in the contract that include termination for convenience, it doesn't have to be for default,

2543
03:07:22,345 --> 03:07:26,145
and we can always propose amendments. So, so there's quite a range of,

2544
03:07:26,585 --> 03:07:30,485
of, of things. And those were some of the additional steps that were, that were taken regarding

2545
03:07:31,085 --> 03:07:33,565
the performance issues. Thanks. Mm-hmm .

2546
03:07:35,505 --> 03:07:39,165
and then, uh, you know, this grand jury reports largely based around

2547
03:07:39,665 --> 03:07:42,685
the city's response to everything. And so, you know,

2548
03:07:43,785 --> 03:07:47,525
one of the things that would help me understand this better is who were the city employees

2549
03:07:48,155 --> 03:07:51,765
that were involved in the nbas contract and oversight of it?

2550
03:07:54,795 --> 03:07:58,625
well, the city manager's office is ultimately the administrator of the contract. So,

2551
03:07:59,125 --> 03:08:02,965
I mean, I think that's the answer to that question. Um, in conjunction, you know, the

2552
03:08:03,165 --> 03:08:06,565
police department has a role at times. Uh, if there are enforcement cases, occasionally,

2553
03:08:07,505 --> 03:08:11,255
um, you know, many calls for service occur

2554
03:08:11,605 --> 03:08:15,525
in our parks department or in our city parks. So that's another department that has a

2555
03:08:15,645 --> 03:08:19,225
interface with our animal services provider. But ultimately, um,

2556
03:08:19,705 --> 03:08:23,625
the administration of the contract is with the city manager's office, but

2557
03:08:23,845 --> 03:08:27,765
we have other involved departments too. Um, invoices are approved

2558
03:08:27,985 --> 03:08:31,245
and payments made through finance. The legal department, obviously

2559
03:08:32,065 --> 03:08:35,945
we played a direct role in the implementing the council's direction to

2560
03:08:36,165 --> 03:08:39,845
terminate. But, um, also played, you know, played

2561
03:08:40,385 --> 03:08:43,785
the role in reviewing, um, and, um,

2562
03:08:45,565 --> 03:08:49,245
recommending approval of the, of the initial contract and amendments, et cetera. So it's a,

2563
03:08:49,765 --> 03:08:53,625
a, so under the oversight of the city manager's office, um,

2564
03:08:53,845 --> 03:08:56,445
there are a number of involved departments, including legal and finance.

2565
03:08:59,255 --> 03:09:02,885
right. But then who, I mean, who were those main employees, I suppose that were constantly

2566
03:09:04,295 --> 03:09:08,155
daily involved in this. Mm-hmm.

2567
03:09:09,925 --> 03:09:13,165
that, that was myself. Yeah. Uh, in conjunction with peggy. Yeah.

2568
03:09:15,995 --> 03:09:19,825
all right. Thank you. And let's bring in, uh,

2569
03:09:20,285 --> 03:09:21,425
uh, council member cater thompson.

2570
03:09:25,615 --> 03:09:29,225
I'll wait for the next. Okay. Um, councilman

2571
03:09:29,865 --> 03:09:33,045
barnicle. Yeah, a couple questions. Um,

2572
03:09:34,905 --> 03:09:38,705
considering how much I would say we largely agree with

2573
03:09:38,925 --> 03:09:42,925
the sort of qualitative reporting was inadequate, things like that, that we are

2574
03:09:43,145 --> 03:09:46,415
very much aware of the, the legal, like discrepancies,

2575
03:09:47,885 --> 03:09:51,635
the fact that county council was involved in this. Have we talked to county council about

2576
03:09:52,005 --> 03:09:55,925
any of these things and found out, you know, what's going on? 'cause I agree that some

2577
03:09:56,045 --> 03:10:00,035
of this stuff just doesn't make sense. No, we've not. And,

2578
03:10:00,355 --> 03:10:04,255
um, um, I don't know that, you know, we have a great relationship

2579
03:10:04,815 --> 03:10:08,695
with our colleagues in county council, including with, um, josh meyers,

2580
03:10:08,935 --> 03:10:12,935
the new county council. Um, I don't know that

2581
03:10:13,095 --> 03:10:16,995
they'd talk with us about that nonetheless, because, you

2582
03:10:17,215 --> 03:10:21,215
know, that's their client communications. We, um, I

2583
03:10:21,335 --> 03:10:25,155
don't know how much time we spent with the grand jury, but it was a lot of time to

2584
03:10:25,475 --> 03:10:29,135
try to, you know, provide as much clear information as we could in response to their

2585
03:10:29,495 --> 03:10:33,335
questions. I personally spent at least a couple hours with the

2586
03:10:33,535 --> 03:10:37,535
full, um, grand jury to respond to their

2587
03:10:37,895 --> 03:10:41,615
questions. And I, and the, the information that we included in our

2588
03:10:42,055 --> 03:10:45,855
response was information I shared with them both then. And also I sent them a subsequent

2589
03:10:46,375 --> 03:10:50,295
follow up. 'cause it seemed like they still had some, there were still some

2590
03:10:50,535 --> 03:10:54,495
things they weren't grasping so well. So I don't know. I, we, you know,

2591
03:10:55,355 --> 03:10:59,095
if, if they wanted to have dialogue with us, we'd be happy to have dialogue about that.

2592
03:11:00,605 --> 03:11:04,455
okay. Um, so mayor asked my

2593
03:11:04,775 --> 03:11:08,605
question about, um, the hearing process. Um,

2594
03:11:09,455 --> 03:11:13,175
have we looked at other cities in the, in their hearing process? And if victims

2595
03:11:13,805 --> 03:11:17,615
are able to be party to those hearings and things like that? We've

2596
03:11:17,965 --> 03:11:21,805
looked at some, I think the analogy, um, you know, it's

2597
03:11:22,045 --> 03:11:25,725
not a, um, municipal courts

2598
03:11:26,085 --> 03:11:29,885
have been absorbed in the superior court system. So that kind of victim redress is,

2599
03:11:30,105 --> 03:11:33,925
is there in the civil system. Um, if there were criminal,

2600
03:11:34,585 --> 03:11:38,305
um, you know, liability or charges related to,

2601
03:11:38,825 --> 03:11:42,245
um, animals, then, then our police department would handle that,

2602
03:11:42,985 --> 03:11:46,265
the da's office. But as, as we explained, the, um,

2603
03:11:48,625 --> 03:11:52,605
um, the, the most important role victims play is coming forward

2604
03:11:53,235 --> 03:11:57,155
with complaints and concerns, and then as witnesses and like

2605
03:11:57,445 --> 03:12:01,165
in a criminal trial, um, it's the prosecuting agency that controls

2606
03:12:01,745 --> 03:12:05,685
the proceedings. It's, it's not, it's not the involved parties and the witnesses

2607
03:12:06,545 --> 03:12:10,405
and, and the redress they, that they receive in the criminal context,

2608
03:12:11,275 --> 03:12:15,145
like in the animal services context, is in the, um,

2609
03:12:16,485 --> 03:12:20,235
sanctions and the safety protections, um, with

2610
03:12:20,525 --> 03:12:24,345
respect to, you know, whether someone's incarcerated in this case, it's whether, um,

2611
03:12:24,905 --> 03:12:28,545
uh, safety conditions are imposed on the animal owner. Um,

2612
03:12:28,945 --> 03:12:32,805
so it's a pretty parallel parallel, pretty

2613
03:12:33,325 --> 03:12:36,845
parallel process. And, and we gave that information too, and we met with the grand jury.

2614
03:12:37,555 --> 03:12:41,385
yeah, I'll say that's one of my concerns because of the specific dog

2615
03:12:41,605 --> 03:12:45,305
bite case that we had that where it was just really mishandled. And so, um,

2616
03:12:46,325 --> 03:12:49,785
I don't know how that applies to our hearing process or, or whatnot, but, um,

2617
03:12:51,075 --> 03:12:55,045
just, I guess my, my question, or I don't think there's a question there, but that's

2618
03:12:55,285 --> 03:12:59,095
where my question's coming from. All right. Um, so

2619
03:13:00,295 --> 03:13:03,855
the finding f five about financial oversight, um,

2620
03:13:05,585 --> 03:13:08,405
you know, we're not their board, but we did ask them for a budget update. Correct.

2621
03:13:10,595 --> 03:13:14,535
can, I would say regularly. Um, and to ask if they

2622
03:13:14,695 --> 03:13:18,375
had any needs. Um, do we need to tweak things? Do you need better administrative

2623
03:13:19,055 --> 03:13:23,015
support? How are, how are the status of your vehicles? Et cetera, et cetera.

2624
03:13:23,435 --> 03:13:27,095
so we were continually meeting with 'em and asking if they needed additional support,

2625
03:13:28,035 --> 03:13:31,955
uh, from the city to be able to effectively do their job. Right. 'cause we didn't, and

2626
03:13:32,175 --> 03:13:35,655
they never, never gave us an updated budget from the initial

2627
03:13:36,295 --> 03:13:40,135
contract. Right. We never saw an installation. Correct. Is that accurate? Other than in the 2020

2628
03:13:40,645 --> 03:13:44,215
extension, uh, amendment we did, uh, we did change the

2629
03:13:44,735 --> 03:13:48,735
contract. The, the original contract had a certain, uh, percentage of the license fees actually

2630
03:13:48,815 --> 03:13:52,735
coming to the city. We tweaked it so that nbis would be able to keep all of the

2631
03:13:52,855 --> 03:13:56,245
license fees to be able to e elevate their overall funding. Okay.

2632
03:13:57,235 --> 03:14:01,135
um, I would add that to the report, like we multiple

2633
03:14:01,295 --> 03:14:05,275
times, like we aren't their board, but we did ask them multiple times for a budget update. So,

2634
03:14:05,675 --> 03:14:09,335
um, uh, and then,

2635
03:14:11,615 --> 03:14:15,395
you know, one of the other things that it sort of catches me off guard with this is that we committed

2636
03:14:15,755 --> 03:14:19,745
to an rfp by the end of their, the nbas contract, which was july 31st, 2026.

2637
03:14:22,095 --> 03:14:25,835
and this came out before that whole process.

2638
03:14:26,415 --> 03:14:30,395
so a lot of the, the responses of what we were doing,

2639
03:14:31,455 --> 03:14:35,195
um, or the, the, the main response of what we were doing

2640
03:14:35,535 --> 03:14:39,355
was rebidding the contract and they issued this. Where did that come

2641
03:14:39,635 --> 03:14:39,635
from?

2642
03:14:44,665 --> 03:14:48,445
I'm not sure that we fully know, but it is clear that they were working

2643
03:14:48,905 --> 03:14:52,885
on a follow up, uh, as far back as january of this year.

2644
03:14:53,865 --> 03:14:57,725
uh, and so I think there, again, this is me surmising, so this is all

2645
03:14:57,925 --> 03:15:01,675
speculation, but I think they had a certain direction that they, they

2646
03:15:01,965 --> 03:15:05,905
were looking at with the report. And then when the march 2nd council meeting happened, and,

2647
03:15:06,265 --> 03:15:09,965
uh, the council gave us direction to terminate the agreement, I think that

2648
03:15:10,275 --> 03:15:14,045
kind of shifted the direction of the report. In fact, I think in the report

2649
03:15:14,345 --> 03:15:17,525
it says the scope of the investigation significantly narrowed

2650
03:15:18,375 --> 03:15:22,305
after the jan, uh, the, the march 2nd meeting. So

2651
03:15:23,065 --> 03:15:26,705
it changed some of their findings and the direction that they were headed. Um,

2652
03:15:27,105 --> 03:15:31,085
but it was, I think it was clear even in, in march that we

2653
03:15:31,285 --> 03:15:35,165
were, we were clearly headed toward doing a new rfp for services because we had

2654
03:15:35,325 --> 03:15:37,885
that checkpoint with the nbs agreement, july 31.

2655
03:15:39,745 --> 03:15:43,725
got you. So reading between the lines, we were headed for a different report. They were

2656
03:15:44,045 --> 03:15:47,365
probably gonna scold us for not taking corrective action on nbas,

2657
03:15:48,385 --> 03:15:52,165
and then we fired them abruptly. And the, the scope of their

2658
03:15:53,525 --> 03:15:57,405
findings in, in report narrowed, that's, that's how the

2659
03:15:57,565 --> 03:16:01,485
report reads. Uh, again, sort of reading between the lines there, there

2660
03:16:01,835 --> 03:16:05,765
also was the, um, the, I, I don't know if you call it news, but the,

2661
03:16:06,545 --> 03:16:10,465
uh, the information that nbas was not cooperating with the

2662
03:16:10,685 --> 03:16:14,685
consultant. And so, since I think that in the, in last year's report,

2663
03:16:15,035 --> 03:16:18,935
that was a, a piece of our corrective action that we were taking since

2664
03:16:19,355 --> 03:16:23,225
that, uh, process did not succeed, that was sort of a new,

2665
03:16:23,865 --> 03:16:27,085
you know, um, instigation to, to look back at things.

2666
03:16:28,275 --> 03:16:32,095
okay. And then, um, the other one that

2667
03:16:32,425 --> 03:16:35,045
I had a question on was, um,

2668
03:16:37,815 --> 03:16:41,295
the, when we were on the reporting in the last report,

2669
03:16:42,375 --> 03:16:46,235
my sense is that part of this, you know, part of it was the news that they weren't working with

2670
03:16:46,535 --> 03:16:50,515
the, the consultant. The other part we committed to was quarterly reports

2671
03:16:50,875 --> 03:16:54,875
from nbas. And I can't remember getting quarterly reports from

2672
03:16:55,195 --> 03:16:58,715
nbas after we submitted the, the last grand jury report. Did we get

2673
03:17:00,495 --> 03:17:04,035
no, I think the intent of that was with a new provider that we would be insisting

2674
03:17:04,515 --> 03:17:08,515
on quarterly reports. And in, um, speaking with the provider,

2675
03:17:09,615 --> 03:17:13,155
we, that is already, their standard practice is to do quarterly

2676
03:17:13,635 --> 03:17:17,435
reports. So it will fully, um, be in line with

2677
03:17:17,655 --> 03:17:21,115
the, um, the reporting frequency that we requested and we said to the grand jury.

2678
03:17:22,025 --> 03:17:25,515
okay. I will be digging into that during my public comment or during my comment.

2679
03:17:26,375 --> 03:17:30,315
um, and then, um, so

2680
03:17:30,565 --> 03:17:34,495
there's two more questions that I have about the status of the audit and where we stand

2681
03:17:34,695 --> 03:17:38,055
with that, when that will be complete. And we'll see that back. And then

2682
03:17:40,315 --> 03:17:44,295
the process of getting data we're well past the, the, the period where they should have furnished

2683
03:17:44,795 --> 03:17:48,615
all of the results and all of that stuff. Can you talk about how cooperative they've

2684
03:17:48,895 --> 03:17:52,885
been, and do we have literally everything right now that we are supposed to have? Because some

2685
03:17:53,175 --> 03:17:56,565
of the public comments are saying that we don't, and I'm, um, uh, wondering

2686
03:17:57,505 --> 03:18:01,055
where we stand on the audit and capturing data from nbis?

2687
03:18:02,925 --> 03:18:06,445
yeah. So one of the provisions of the agreement was that,

2688
03:18:07,075 --> 03:18:10,955
um, after it's terminated, they have 60 days to

2689
03:18:11,175 --> 03:18:14,655
furnish us with all of the data. So with a march 31,

2690
03:18:15,635 --> 03:18:18,955
um, termination date, that basically would've meant the end of may.

2691
03:18:19,795 --> 03:18:23,775
um, we received significant amount of data from 'em

2692
03:18:23,895 --> 03:18:27,355
by the end of may. We received even more after the end of may.

2693
03:18:28,075 --> 03:18:31,755
um, there were two major, um, things

2694
03:18:32,175 --> 03:18:36,055
that we received after, which were, uh, some of the database stuff that they

2695
03:18:36,215 --> 03:18:40,135
had, they had to work with their software provider to be able to get that data.

2696
03:18:40,475 --> 03:18:43,995
so it was, it extended out significantly past may 31st.

2697
03:18:44,955 --> 03:18:48,905
and then, um, we, prior to may 31st, we

2698
03:18:49,125 --> 03:18:53,035
did receive a large, um, drop of many,

2699
03:18:53,505 --> 03:18:57,365
uh, of multiple dozens of boxes of paper records. But it has taken

2700
03:18:57,785 --> 03:19:01,585
us up till now, and we are still not totally complete, uh,

2701
03:19:02,055 --> 03:19:05,925
going through all of those records, uh, categorizing them, cataloging them,

2702
03:19:06,345 --> 03:19:10,155
et cetera. So that's still ongoing. But I would say generally they

2703
03:19:10,545 --> 03:19:14,185
did comply with the, um, the procedures, uh,

2704
03:19:14,665 --> 03:19:18,565
to be it, to turn over all of the data to the city. And I, I think I

2705
03:19:18,705 --> 03:19:22,705
can say that we have everything that we were expecting to have, um,

2706
03:19:23,195 --> 03:19:27,085
when the contract terminated. Thank you. Oh, oh, and then

2707
03:19:27,205 --> 03:19:31,085
your question on the, the audit itself. Timing of it. Yeah. So

2708
03:19:31,245 --> 03:19:35,195
timing is a, is a little bit up in the air. Um, I would say we should have some,

2709
03:19:35,745 --> 03:19:39,165
uh, at least preliminary things back from the consultant within one to two months.

2710
03:19:39,945 --> 03:19:43,715
it is a significant amount of data that they're looking through, uh, came

2711
03:19:44,005 --> 03:19:48,005
over in kind of a not very convenient format. So they're having to kind of reconstruct

2712
03:19:48,485 --> 03:19:52,435
some of the, the pieces. Um, so once that process is completed,

2713
03:19:53,125 --> 03:19:56,735
I think they should be able to have some initial analysis done within maybe

2714
03:19:57,145 --> 03:20:01,085
one month or, or max two months. Great. And then council member di

2715
03:20:01,365 --> 03:20:05,125
carly and I received, um, sort of a trove of data from a member of the public.

2716
03:20:05,425 --> 03:20:09,345
can you confirm that that's been passed on to the auditor? Yes,

2717
03:20:09,585 --> 03:20:13,545
it was. Thank you. Thank you. Council

2718
03:20:13,905 --> 03:20:17,425
member quinn . Okay. Council member di carly,

2719
03:20:20,415 --> 03:20:24,305
when, uh, brian, when you were talking about all the data that was received, how, I

2720
03:20:24,425 --> 03:20:27,455
mean, was that months, years, I mean, about how much data,

2721
03:20:28,485 --> 03:20:32,445
if you can even say, I don't know what kind of mess it was when it came in, but about how much data was

2722
03:20:32,665 --> 03:20:35,305
that? Uh, the full eight years that they were the provider?

2723
03:20:37,255 --> 03:20:41,205
yeah. And was it all encompassing of everything

2724
03:20:42,265 --> 03:20:46,005
the city was asking of them? As far as we know, yes. It was quite all encompassing,

2725
03:20:47,225 --> 03:20:51,095
yes. Okay. Um, let's

2726
03:20:51,445 --> 03:20:55,345
move to public comment, and I'd like to ask the, uh, clerk to invite the public in.

2727
03:20:56,505 --> 03:21:00,265
yes. We received, uh, five comments ahead of the meeting. Um,

2728
03:21:00,745 --> 03:21:04,715
and those were posted online. And we have 12 people in the zoom

2729
03:21:05,035 --> 03:21:08,625
meeting. And at this time, I will start a 32nd clock. Whoops.

2730
03:21:09,345 --> 03:21:13,045
all right. Well, that's three minutes, but we'll watch for 30 seconds. Um, members

2731
03:21:13,365 --> 03:21:17,245
of the public attending in person should bring their speaker cards to my desk if they have not

2732
03:21:17,405 --> 03:21:21,245
already done so. And members of the public attending online should raise their

2733
03:21:21,595 --> 03:21:25,585
virtual hand. And those attending via phone should press star nine to

2734
03:21:25,805 --> 03:21:29,765
raise their hand. Speaker request received after these 30 seconds may not be

2735
03:21:29,845 --> 03:21:29,845
accommodated.

2736
03:21:38,815 --> 03:21:38,815
okay.

2737
03:21:51,715 --> 03:21:55,115
we have five cards from the public in the house, and we have 2, 2 2

2738
03:21:56,285 --> 03:22:00,135
zoom participants, uh, for a total of seven. So, uh, let's start

2739
03:22:00,295 --> 03:22:03,275
with sierra morantz and be followed by, uh, derek childs.

2740
03:22:15,795 --> 03:22:16,975
you all have copies of these.

2741
03:22:20,045 --> 03:22:23,855
okay. Um, I find some of the draft responses to

2742
03:22:24,295 --> 03:22:27,855
the grand jury's report a bit disingenuous, especially the pieces about prompt

2743
03:22:28,335 --> 03:22:32,055
a action. Your position about ab bite victim's rights is just ridiculous.

2744
03:22:33,655 --> 03:22:37,655
I first came to mike city council member, mayor, city manager and attorney

2745
03:22:37,795 --> 03:22:41,375
in october, 2024. After four months of unresponsiveness from

2746
03:22:41,815 --> 03:22:45,755
nbas following a vicious dog attack. Brian and kevin, you

2747
03:22:45,975 --> 03:22:49,835
acknowledge the nbas wasn't getting the job done as it should, but even then, it

2748
03:22:50,055 --> 03:22:53,975
took a month to get a summary response from nbas via the city

2749
03:22:54,165 --> 03:22:58,055
manager's office. As time went on, you saw the sava unfold from lack of

2750
03:22:58,175 --> 03:23:01,655
action to excuses around why documentation was taking so long.

2751
03:23:02,675 --> 03:23:06,615
for a documentation example, city staff said the abatement reports that

2752
03:23:06,855 --> 03:23:10,095
I requested were taking mbas so long because of extensive redacting

2753
03:23:10,895 --> 03:23:14,775
required. When we got them after four months, it was only seven documents with

2754
03:23:14,975 --> 03:23:17,655
three pages each, and very little content redacted or otherwise.

2755
03:23:19,195 --> 03:23:23,015
by december, 2025, kevin, you even noted that nbas had

2756
03:23:23,215 --> 03:23:27,055
not been the partner that the city would desire. That efforts were in place to change

2757
03:23:27,295 --> 03:23:30,245
that, but you couldn't share more. And you asked me to wait until june, 2026

2758
03:23:32,565 --> 03:23:36,275
after nbas was terminated. I asked for a review of my case. The officer

2759
03:23:36,915 --> 03:23:40,635
assigned is one of the new marin humane officers that worked on my case while she was

2760
03:23:40,955 --> 03:23:44,835
employed by nbas. She and her supervisor told me they do not have all the

2761
03:23:45,115 --> 03:23:49,115
documents and asked me to send them over. However, while I was compiling those, I

2762
03:23:49,235 --> 03:23:53,115
got an email from brian cochrane telling me that marin humane had determined too much

2763
03:23:53,275 --> 03:23:57,115
time had passed, and they wouldn't be taking further action unless new incidents were

2764
03:23:57,595 --> 03:24:01,455
reported. It's ethically questionable to put a person on a case when they worked on

2765
03:24:01,675 --> 03:24:04,835
it as a prior employee of an entity that was terminated for cause.

2766
03:24:05,735 --> 03:24:09,655
if marin humane wasn't able to truly assign a neutral a person due

2767
03:24:09,875 --> 03:24:13,835
to whatever reason, the city should have made that clear and asked me to wait for a

2768
03:24:14,235 --> 03:24:17,755
permanent provider. Or if you knew nothing would be done, you should have taken ownership

2769
03:24:18,275 --> 03:24:21,885
and you should have told me. So it also brings into question how other

2770
03:24:22,525 --> 03:24:26,205
existing cases are being addressed and the need for a fully funded long-term solution.

2771
03:24:26,825 --> 03:24:30,445
I'm far from the only bite victim in the city of petaluma. There have been some big cases

2772
03:24:31,085 --> 03:24:34,915
recently with that. Here's what I'd ask you to do. First, make

2773
03:24:35,205 --> 03:24:38,955
sure you're being forthright in your response to the grand jury. Next, move

2774
03:24:39,245 --> 03:24:42,925
to a fully funded long-term animal solution surfaces solution that completely

2775
03:24:43,285 --> 03:24:46,965
moves away from nbas and bring back the animal services committee.

2776
03:24:47,835 --> 03:24:51,725
finally, listen to your constituents when they bring evidence of city

2777
03:24:52,065 --> 03:24:55,885
and contractor issues, and continue your full investigation of nbas.

2778
03:24:57,285 --> 03:25:01,185
by the way, the dog that attacked me has been unlicensed since january. It's rabies vaccine

2779
03:25:01,525 --> 03:25:03,985
is up in less than a year. Thank you.

2780
03:25:05,875 --> 03:25:09,725
thank you, dara child. I'm gonna give and tom to

2781
03:25:09,945 --> 03:25:13,835
mark, kimberly, please. Thank you. And, uh, let's

2782
03:25:14,185 --> 03:25:17,915
go to mark kimberly then. Um, but I don't

2783
03:25:18,295 --> 03:25:20,225
have a card for mark kimberly,

2784
03:25:28,435 --> 03:25:32,235
so I'm gonna assume you turned in a card. And why don't you just go ahead and have the, uh, card and

2785
03:25:32,455 --> 03:25:35,355
go ahead. So

2786
03:25:37,075 --> 03:25:40,705
you disagree with the grand jury report again, right?

2787
03:25:43,075 --> 03:25:47,065
how many times? You know, it just, it reminds me, I disagreed

2788
03:25:47,345 --> 03:25:51,185
with every traffic cop that ever gave me a speeding ticket. I disagree with the

2789
03:25:51,385 --> 03:25:55,345
irs every single year when they tell me I gotta pay 'em some money, but it doesn't matter

2790
03:25:55,935 --> 03:25:59,465
because I know they're right. And I stand up and do the right thing.

2791
03:26:00,565 --> 03:26:04,465
and I think it's about time you people do the same. You are

2792
03:26:04,765 --> 03:26:07,375
in such denial. And

2793
03:26:09,435 --> 03:26:12,355
I just have to say, look at all the trouble you brought on yourselves

2794
03:26:13,535 --> 03:26:16,915
and on this city by hiring a known criminal

2795
03:26:18,085 --> 03:26:22,005
in a private contract, and then covering for him and lying for

2796
03:26:22,225 --> 03:26:25,745
him for eight long years. Look at where you're at.

2797
03:26:26,915 --> 03:26:30,585
peggy flynn. Look at where you're at. Brian cochrane. People are organizing

2798
03:26:31,065 --> 03:26:34,785
right now to get you outta office. Do you know that? And I wouldn't be a bit surprised

2799
03:26:35,105 --> 03:26:38,865
if that happens. They're also organizing for about half of this council

2800
03:26:39,245 --> 03:26:43,185
to do recalls on you. And I wouldn't be a bit surprised if that happens, because first, they're

2801
03:26:43,505 --> 03:26:47,465
gonna ask for your resignations. And we know that won't happen. And when that doesn't

2802
03:26:47,825 --> 03:26:51,745
happen, they're gonna try to pressure the council and d terminate your employment. And I know that

2803
03:26:51,905 --> 03:26:55,845
won't happen. So then they're going to recalls and then they're going to the ballot box.

2804
03:26:56,065 --> 03:27:00,025
there's only two or three people here that, that are trusted whatsoever. And you brought

2805
03:27:00,305 --> 03:27:04,075
it all on yourselves. But

2806
03:27:04,495 --> 03:27:06,015
I didn't even come here to talk to you people.

2807
03:27:08,575 --> 03:27:10,375
I came to talk through you, to the people of petaluma.

2808
03:27:12,725 --> 03:27:16,405
'cause you stopped listening to us years ago. You've had your back turned to us, and we know it

2809
03:27:17,935 --> 03:27:21,165
for eight years. You stood by, you watched while a criminal and a thief

2810
03:27:22,125 --> 03:27:25,875
dismantled the animal sheltering system system in petaluma. You watched

2811
03:27:26,175 --> 03:27:29,835
as they stopped providing reports, cash only thrift stores popped up,

2812
03:27:30,795 --> 03:27:34,595
services to the public, went into the toilet, concerned citizens came here

2813
03:27:34,855 --> 03:27:38,655
to this podium and begged you for your help. And you did nothing. You

2814
03:27:38,875 --> 03:27:42,475
lied for that people, those people, and you covered for them. Your

2815
03:27:43,045 --> 03:27:46,715
response to this report makes it clear. You see nothing wrong with starving dogs

2816
03:27:47,095 --> 03:27:50,745
while selling donated food in their thrift stores, people being mauled

2817
03:27:51,165 --> 03:27:55,045
by dogs in the streets and then being ignored, failing to investigate

2818
03:27:55,245 --> 03:27:58,925
bite cases, rabies protocols being ignored. Or with

2819
03:27:59,325 --> 03:28:03,155
the criminal director's salary climbing to the highest in the county for any shelter

2820
03:28:04,125 --> 03:28:08,085
director while simultaneously taking loans from his board of directors to stay afloat.

2821
03:28:08,985 --> 03:28:11,915
to you. That was all oaky fine. How foolish.

2822
03:28:13,055 --> 03:28:16,445
we've had multiple jury grand jury reports criticizing your lack of oversight.

2823
03:28:17,345 --> 03:28:20,935
but your response shows you still claim that you've done nothing wrong.

2824
03:28:23,105 --> 03:28:26,365
you're supposed to be our leaders. Leaders have ethics. They have honor,

2825
03:28:27,355 --> 03:28:31,085
they have honesty and integrity, and all those things are in very short supply

2826
03:28:31,445 --> 03:28:34,765
around here. Stay tuned. A lot more is gonna happen.

2827
03:28:38,625 --> 03:28:42,575
thank you very much. Uh, tom chamberlain should be followed by nicholas harris.

2828
03:28:48,185 --> 03:28:50,265
tom chamberlain. There we are. Hi.

2829
03:28:53,905 --> 03:28:57,735
hang on. Ready? Ready,

2830
03:28:58,705 --> 03:29:02,205
set, go. Good evening. After reading

2831
03:29:02,985 --> 03:29:06,845
the city's draft response to animal services, revisited a city asleep

2832
03:29:07,265 --> 03:29:10,845
at the wheel. I feel compelled to speak before the council on this

2833
03:29:11,285 --> 03:29:15,245
document. The sonoma county civil grand jury, which is composed of 18 fellow

2834
03:29:16,165 --> 03:29:19,605
citizens, spent a year investigating fellow citizens complaints

2835
03:29:20,495 --> 03:29:24,365
about ongoing operations of our local animal shelter. They issued

2836
03:29:24,725 --> 03:29:28,705
their report, which I have read, and which this citizen found clear and

2837
03:29:28,995 --> 03:29:32,785
well supported. Unfortunately, I cannot say the same for

2838
03:29:33,005 --> 03:29:37,005
the city's draft response, which is now before the council this evening

2839
03:29:37,305 --> 03:29:41,225
for their approval. Quite frankly, I am at a complete loss in

2840
03:29:41,445 --> 03:29:45,385
trying to understand it. For example, regarding finding number one,

2841
03:29:45,895 --> 03:29:49,805
which I consider one of the most substantive matters, raised the allegation

2842
03:29:50,465 --> 03:29:53,925
the city manager exceeded her authority to uniformly terminate

2843
03:29:54,665 --> 03:29:58,145
and execute contracts. The grand jury clearly stated

2844
03:29:59,075 --> 03:30:02,705
that actions of this nature required council approval. And that, uh,

2845
03:30:03,185 --> 03:30:06,845
and that quote, no vote was taken unquote, after reading

2846
03:30:07,225 --> 03:30:10,845
the city draft response several times I struggled. But I believe

2847
03:30:11,245 --> 03:30:14,965
that the following is a city's position terminating north

2848
03:30:15,345 --> 03:30:19,165
bay animal services contract approving a replacement contract

2849
03:30:19,365 --> 03:30:22,685
to marin humane and committing funds to cover this transition

2850
03:30:23,625 --> 03:30:27,325
are just administrative actions only needing direction from the council

2851
03:30:28,145 --> 03:30:30,325
and are well within the city manager's authority.

2852
03:30:32,385 --> 03:30:35,645
at least this is my, a citizen of petaluma understanding.

2853
03:30:37,145 --> 03:30:40,885
if correct somehow I don't see how approving contracts and committing

2854
03:30:41,405 --> 03:30:45,365
funds is just an administrative action as I see it.

2855
03:30:45,945 --> 03:30:49,805
the overriding question here is, did this action require a vote

2856
03:30:50,065 --> 03:30:54,005
by the council? A simple yes or no answer was all that was

2857
03:30:54,845 --> 03:30:58,605
required. Yet I see no evidence in the city's draft

2858
03:30:58,885 --> 03:31:02,525
that this was ever addressed. In conclusion, this citizen

2859
03:31:03,005 --> 03:31:07,005
believes that a redrafting of the city's response is mandated

2860
03:31:07,545 --> 03:31:11,365
in simple, clear language, specifically identifying

2861
03:31:11,725 --> 03:31:15,485
those areas which the city perceives as quote shortcomings.

2862
03:31:17,265 --> 03:31:21,245
and the grand jury report, the citizens of petaluma need this.

2863
03:31:22,175 --> 03:31:25,985
thank you for hearing me and for your representing our city. And I'm

2864
03:31:26,205 --> 03:31:30,125
looking forward to the council's discussion on this matter. Thank you. Thank you

2865
03:31:31,565 --> 03:31:33,995
nicholas harris to be followed by nina nato.

2866
03:31:41,555 --> 03:31:45,445
good evening mayor and council. Um, council member

2867
03:31:45,785 --> 03:31:49,605
di carly asked a question earlier. It was, it was actually the wrong question.

2868
03:31:50,025 --> 03:31:53,165
you asked what happens if the city refutes the report?

2869
03:31:54,505 --> 03:31:58,505
the correct question is, what happens if the city council

2870
03:31:59,405 --> 03:32:01,465
of petaluma refutes the report?

2871
03:32:03,875 --> 03:32:07,635
the report by the grand jury is made to the council. The council is

2872
03:32:07,935 --> 03:32:11,755
replying. You are being asked to reply for six

2873
03:32:12,315 --> 03:32:13,155
of the eight recommendations.

2874
03:32:16,685 --> 03:32:20,615
what you need to ask is what happens to the city council? If you

2875
03:32:20,795 --> 03:32:24,505
refute this report, it's not a legal

2876
03:32:24,985 --> 03:32:28,495
question. 'cause the answer is, it's a loss of public trust.

2877
03:32:30,415 --> 03:32:34,245
many of you, through your questions, have intimated the report as

2878
03:32:34,465 --> 03:32:38,345
it's written does not really make sense. It's confusing.

2879
03:32:39,295 --> 03:32:43,265
there's not plain language. I appreciate your comments. Uh, council member

2880
03:32:43,585 --> 03:32:47,135
barnacle. Clearly this report

2881
03:32:48,265 --> 03:32:50,815
needs to be rewritten.

2882
03:32:55,025 --> 03:32:58,835
sort of summarizing what I heard from, uh, mr. Cochrane's presentation.

2883
03:33:00,605 --> 03:33:04,115
staff says the provider didn't perform per the agreement

2884
03:33:06,275 --> 03:33:09,895
and then says, staff, staff says the

2885
03:33:10,355 --> 03:33:13,825
solution will be to make a new agreement better. It's gonna incorporate

2886
03:33:14,855 --> 03:33:17,105
better parts to the agreement.

2887
03:33:19,805 --> 03:33:23,405
a better agreement doesn't solve performance and contract management.

2888
03:33:25,355 --> 03:33:29,215
the overall message from the civil grand jury is that the

2889
03:33:29,375 --> 03:33:33,015
council needs to take control and ensure staff can and will

2890
03:33:33,435 --> 03:33:36,775
manage the service. It's really

2891
03:33:37,835 --> 03:33:41,605
the core of management. Management cannot

2892
03:33:42,195 --> 03:33:46,045
blame a lying employee or a vendor for

2893
03:33:46,265 --> 03:33:50,265
failure to execute. Under some circumstances,

2894
03:33:51,045 --> 03:33:54,905
yes, but given the record of what this report and just by nature, that the

2895
03:33:55,115 --> 03:33:58,905
issue is a result of a civil grand jury investigation and a follow-up,

2896
03:34:00,095 --> 03:34:03,365
it's not appropriate to be putting the onus of

2897
03:34:04,465 --> 03:34:07,345
contract performance, uh, financial stability,

2898
03:34:08,485 --> 03:34:12,385
um, everything back on the, uh, contractor. It just

2899
03:34:12,545 --> 03:34:16,455
doesn't fly. And, and I really want each and every one

2900
03:34:16,675 --> 03:34:20,615
of you, um, and janice, you two, hi, uh, to, to

2901
03:34:20,835 --> 03:34:24,835
take that message to heart. What I think is appropriate is an ad hoc,

2902
03:34:25,095 --> 03:34:28,995
uh, subcommittee to draft a response to this with independent

2903
03:34:29,725 --> 03:34:33,285
legal counsel guiding that ad ad hoc committee,

2904
03:34:35,075 --> 03:34:38,585
what the, the clarifications that the city attorney gave to

2905
03:34:39,145 --> 03:34:42,955
the grand jury and their repeated conclusions that defy,

2906
03:34:43,585 --> 03:34:47,475
that's concerning. Thank you. Nina

2907
03:34:47,885 --> 03:34:47,885
zito,

2908
03:34:56,525 --> 03:34:58,685
thank you. I appreciate

2909
03:35:00,775 --> 03:35:03,655
the renewed attention to

2910
03:35:04,855 --> 03:35:08,775
animal issues in the city of petaluma. And I'm, I'm struck how

2911
03:35:09,085 --> 03:35:12,695
we're awash in, in a lot of detail and

2912
03:35:13,155 --> 03:35:16,685
minutiae contractual, um, discussion.

2913
03:35:17,915 --> 03:35:21,905
I, I feel like we need to really step

2914
03:35:22,265 --> 03:35:26,255
back and consider, uh, this city's

2915
03:35:28,645 --> 03:35:31,995
position on how animals fit into our community here.

2916
03:35:33,185 --> 03:35:37,085
it, um, evidence of our lack of attention, we, well, we've grown

2917
03:35:37,525 --> 03:35:41,385
terribly quickly, um, is, is found just in our, uh,

2918
03:35:41,835 --> 03:35:45,345
city parks. I've, I've, um, been treated, uh,

2919
03:35:46,755 --> 03:35:50,375
council people to walk with me at our designated

2920
03:35:51,305 --> 03:35:54,565
dog run at oak hill park, which is unfenced,

2921
03:35:55,695 --> 03:35:59,445
where broken glass continues to bubble up from landfill,

2922
03:36:00,025 --> 03:36:03,405
broken glass. And where the much valley who grazing program

2923
03:36:04,185 --> 03:36:07,605
leaves behind foxtails, which are documented

2924
03:36:08,705 --> 03:36:12,605
menace for dogs. Now, in a city that does this at a

2925
03:36:12,785 --> 03:36:16,585
doc, at a designated dog park, should we be surprised that we

2926
03:36:16,805 --> 03:36:20,615
have humane concerns? Because people aren't paying attention. We've

2927
03:36:20,965 --> 03:36:24,595
grown too quickly. We really need to step back. I appreciate council

2928
03:36:25,105 --> 03:36:27,905
member, uh, now is, um,

2929
03:36:29,525 --> 03:36:33,525
remarked that an animal services committee needs to be, uh, reestablished.

2930
03:36:34,365 --> 03:36:38,345
I think we should include our, our police department. And thank you for,

2931
03:36:38,825 --> 03:36:42,445
uh, rescuing a dog from an overheated car, 98 degrees

2932
03:36:42,985 --> 03:36:46,875
inside. Uh, we, uh, should have

2933
03:36:47,325 --> 03:36:51,245
a veterinarian. We need, uh, behaviorists, uh, we need

2934
03:36:51,465 --> 03:36:55,305
our parks department. And I've been treated our, uh,

2935
03:36:55,805 --> 03:36:59,585
director of parks to walk with me and look for example, at oak hill park or

2936
03:37:00,305 --> 03:37:03,925
mcnair where there's no water. Uh, the, these deficits

2937
03:37:05,875 --> 03:37:09,765
show that despite the pretty pictures on the library, and I will

2938
03:37:10,015 --> 03:37:13,665
admit it's a gorgeous mural. Uh,

2939
03:37:14,185 --> 03:37:18,125
we we're, we're, there's just an awful lot, an awful lot of fluffery and

2940
03:37:18,325 --> 03:37:22,195
puffery around how much we, you know, we're committed to dogs and whatnot

2941
03:37:23,185 --> 03:37:26,805
and, and feral cats. But, uh, putting the rubber to the road,

2942
03:37:27,305 --> 03:37:31,045
no, we're not doing it. And we we're

2943
03:37:31,365 --> 03:37:35,305
not, we're lying to ourselves. And, uh, the member of the public who

2944
03:37:35,525 --> 03:37:39,305
spoke about lack of public trust emerging is,

2945
03:37:39,865 --> 03:37:43,705
um, sadly right. We, we can't let that happen. Uh,

2946
03:37:43,925 --> 03:37:47,345
thank you for rejecting this resolution as it stands now.

2947
03:37:49,775 --> 03:37:51,745
thank you. Let's go to zoom audience now.

2948
03:37:56,245 --> 03:37:57,965
yes. The first speaker will be amy taylor,

2949
03:38:02,325 --> 03:38:06,065
if you would unmute yourself and make your comment.

2950
03:38:09,145 --> 03:38:12,395
can you hear me? Yes, we can hear you now. Okay.

2951
03:38:13,555 --> 03:38:17,525
good evening. This city council has allowed themselves

2952
03:38:17,985 --> 03:38:21,615
to be bullied by city manager peggy flynn, and assistant city manager brian cochran.

2953
03:38:22,955 --> 03:38:26,825
instead of supervising them, that's backwards. Your job

2954
03:38:27,145 --> 03:38:28,245
is to oversee cities.

2955
03:38:32,175 --> 03:38:35,875
it appears. Staff sets the narrative, sets the agenda,

2956
03:38:37,015 --> 03:38:40,795
and this council just falls in line time after time when the public

2957
03:38:41,055 --> 03:38:44,865
brings evidence, staff says everything is fine. And instead

2958
03:38:45,355 --> 03:38:49,075
of challenging them, you just repeat it. For the last eight

2959
03:38:49,395 --> 03:38:53,025
years, the city's animal service control operator with

2960
03:38:53,635 --> 03:38:57,035
documented oversight failures, the grand jury found those failures.

2961
03:38:57,815 --> 03:39:01,715
the contract was ultimately terminated, yet we're still

2962
03:39:01,955 --> 03:39:05,715
being told one failed. No one is accountable

2963
03:39:06,375 --> 03:39:10,075
and someone, and somehow everything is just fine. Enough is enough.

2964
03:39:11,005 --> 03:39:14,915
brian cochran, you brought up findings number six. The connection to

2965
03:39:15,115 --> 03:39:17,995
that is that you let mark scott use your shelter

2966
03:39:19,135 --> 03:39:22,505
for other cities animal control. With that being said,

2967
03:39:23,335 --> 03:39:26,435
uninvestigated and uncharged crimes are still crimes.

2968
03:39:27,505 --> 03:39:31,425
mark scott and north bay animal services did 114 cruelty

2969
03:39:31,915 --> 03:39:35,865
cases, broke public public health laws on

2970
03:39:36,245 --> 03:39:39,395
rabies for years, and sold, donated

2971
03:39:40,305 --> 03:39:43,845
dog food in their cash only thrift store.

2972
03:39:44,785 --> 03:39:48,625
but yet, there's no forensic audit. Yeah, you said you're starting an audit, but

2973
03:39:48,845 --> 03:39:51,925
it's not a forensic audit, and you're not holding them accountable.

2974
03:39:53,695 --> 03:39:57,635
if you have a fraud case, I would like somebody to email that to me. A fraud

2975
03:39:57,875 --> 03:40:01,755
case number. Stop telling us that because someone

2976
03:40:02,305 --> 03:40:05,875
said that they care about animals. Oversight doesn't matter. Stop defending

2977
03:40:06,395 --> 03:40:09,995
failures instead of investigating them. Stop asking the public

2978
03:40:10,535 --> 03:40:14,355
to ignore what happened and accept a story that doesn't match

2979
03:40:14,695 --> 03:40:18,495
the facts. The council answers to the people of petaluma, not

2980
03:40:18,715 --> 03:40:22,395
the city manager and not the assistant city manager. If you are unwilling

2981
03:40:22,955 --> 03:40:26,895
to exercise independent oversight, unwilling to hold staff accountable and

2982
03:40:27,265 --> 03:40:31,095
unwilling to tell the public the truth about what happened, then do

2983
03:40:31,315 --> 03:40:35,215
us all a favor and resign, step aside, and

2984
03:40:35,455 --> 03:40:39,455
let voters elect representation who allows the city to

2985
03:40:39,675 --> 03:40:43,585
do their job, not to protect the city council or city hall.

2986
03:40:44,605 --> 03:40:48,265
thank you. Thank you very much.

2987
03:40:48,735 --> 03:40:52,565
that concludes, um, public comment on the, sorry. We have one

2988
03:40:52,785 --> 03:40:56,755
more. We have one more. Yes. Thank you very much. My ben sail white,

2989
03:40:57,365 --> 03:40:59,025
if you would unmute yourself.

2990
03:41:01,595 --> 03:41:05,535
hi. Um, I, I hope you can hear me. I'm on, on my headset. Um, first of

2991
03:41:05,615 --> 03:41:08,795
all, I just have to point out that an earlier speaker in general pub,

2992
03:41:10,985 --> 03:41:13,775
sorry, that was my fault. Sorry. That was my fault.

2993
03:41:16,865 --> 03:41:20,675
mute. One more time. Um, an earlier speaker in general, public comment

2994
03:41:21,065 --> 03:41:24,855
came forward with a license plate belonging to a trust that belongs to

2995
03:41:25,375 --> 03:41:29,065
the city of petaluma, which is currently parked in front of mark scott's

2996
03:41:29,555 --> 03:41:33,435
house in santa rosa. Um, I am really curious about what the city's gonna do

2997
03:41:33,735 --> 03:41:37,635
to follow up on that, and whether the city gave mark scott this truck, or loaned

2998
03:41:37,995 --> 03:41:41,975
mark scott this truck, or was not aware that mark scott stole this truck. And

2999
03:41:42,255 --> 03:41:45,795
I'm bringing this up because that's kind of illustrative of, of the amount of oversight

3000
03:41:46,425 --> 03:41:50,315
that the city of petaluma has been doing all along. And this is, this is happening

3001
03:41:50,715 --> 03:41:54,555
right now. Um, your, I don't know how much time I have left, but your staff's

3002
03:41:55,075 --> 03:41:58,995
response to the grand jury report is downright f*****g, sorry. Dishonest, much like your

3003
03:41:59,115 --> 03:42:02,795
staff's interactions with the public regarding animal services for the past eight years,

3004
03:42:03,805 --> 03:42:07,795
staff assert in its response to the grand jury report that throughout the contract term

3005
03:42:08,065 --> 03:42:11,775
city staff worked extensively with nbas quote, to

3006
03:42:12,195 --> 03:42:15,515
strengthen its operations, improve management practices, forecast staffing

3007
03:42:16,375 --> 03:42:20,115
and capital needs, and enhance organizational systems and processes. That was a quote.

3008
03:42:20,625 --> 03:42:24,555
okay. So, great. So despite this unprecedented handholding of

3009
03:42:24,715 --> 03:42:27,835
a city contractor by staff, the performance of nbas

3010
03:42:28,755 --> 03:42:32,725
declined precipitously over the nearly eight years that it held a contract to the

3011
03:42:32,845 --> 03:42:36,205
point that numerous unaltered, unvaccinated and even diseased animals

3012
03:42:36,995 --> 03:42:40,675
were released to the public under the pre pretense of foster to adopt, leaving

3013
03:42:41,165 --> 03:42:44,565
members of the public potentially exposed to rabies from unvaccinated animals.

3014
03:42:45,595 --> 03:42:49,405
many people paid for spay neuter and vaccination services that nbas

3015
03:42:50,225 --> 03:42:53,235
was con contractually obligated to provide. Meanwhile,

3016
03:42:54,345 --> 03:42:57,795
dog bites were ignored or minimized, leaving the public exposed unknowingly

3017
03:42:58,485 --> 03:43:02,285
to dogs with serious bite history. Council and staff were aware

3018
03:43:02,565 --> 03:43:06,405
of these issues for many years. The city of petaluma spent eight

3019
03:43:06,685 --> 03:43:10,665
years making excuses for the sad operation while playing rabies through that with its

3020
03:43:11,125 --> 03:43:14,755
citizens. This response, this draft response further states,

3021
03:43:16,625 --> 03:43:20,155
however, despite substantial city support and ongoing oversight,

3022
03:43:21,075 --> 03:43:24,795
ultimately became evident that nbas would not develop operations for capacity

3023
03:43:25,305 --> 03:43:29,195
that has, sorry, I'm laughing, necessary to consistently

3024
03:43:29,795 --> 03:43:33,635
meet its contractual obligations. When that conclusion became clear, the city council

3025
03:43:34,045 --> 03:43:37,595
acted promptly directing termination of the contract at its march 2nd, 2026

3026
03:43:38,835 --> 03:43:42,515
meeting. This statement is preposterous and dishonest. Nbas

3027
03:43:43,395 --> 03:43:47,395
provided to fail minimally adequate pro failed to provide

3028
03:43:47,945 --> 03:43:51,605
minimally adequate services for nearly eight years before the council acted

3029
03:43:51,955 --> 03:43:55,915
promptly on march 2nd, 2026. The huge answer unanswered question

3030
03:43:55,995 --> 03:43:59,675
is, why, why does city staff work so hard to protect this particular contractor?

3031
03:44:00,575 --> 03:44:04,515
why does city council advocate its responsibility to the electorate by allowing staff

3032
03:44:04,755 --> 03:44:08,025
to run interference for a contractor whose work was criminally incompetent at best,

3033
03:44:09,375 --> 03:44:13,345
when city staff finally terminated the nbas contract with cause this, this past

3034
03:44:13,545 --> 03:44:17,005
march, the reason cited were refusal to work with the city's animal animal

3035
03:44:17,625 --> 03:44:21,385
services consultant, failure to timely provide annual reporting and failure

3036
03:44:21,925 --> 03:44:25,545
to notify the city that it was utilizing city resources. Thank you very much. The sheltered

3037
03:44:25,985 --> 03:44:29,535
facility three minutes has, uh, last, I just have to say, those things were ongoing

3038
03:44:30,085 --> 03:44:33,745
and y'all never did anything. Thank you. Thank you.

3039
03:44:34,445 --> 03:44:38,245
um, and that closes, uh, public comment on, um,

3040
03:44:38,725 --> 03:44:42,645
the item for the evening. Um, I would like

3041
03:44:42,845 --> 03:44:46,685
to bounce back to staff and ask, um, what's known about the truck

3042
03:44:46,885 --> 03:44:50,705
in santa rosa and that situation? Do we, are

3043
03:44:50,925 --> 03:44:52,445
we following that situation?

3044
03:44:56,465 --> 03:44:59,445
one of the, oh, sorry, go ahead.

3045
03:45:01,865 --> 03:45:05,805
so, prior to this meeting, there was, uh, I haven't had an opportunity to

3046
03:45:05,965 --> 03:45:09,845
look too much into that license plate, but the information was forwarded to dispatch. We will take

3047
03:45:10,165 --> 03:45:13,985
a case and do an investigation on what the status of the vehicle is, if the, if

3048
03:45:14,205 --> 03:45:18,075
the plate belongs to a city of petaluma vehicle and as

3049
03:45:18,315 --> 03:45:20,535
we normally would. So we'll follow up on that.

3050
03:45:22,325 --> 03:45:26,195
thank you. And, and just to add onto that, part of the closeout procedure

3051
03:45:26,675 --> 03:45:28,355
that we've been undergoing with n-b-a-s-s,

3052
03:45:31,145 --> 03:45:35,125
excuse me, um, is to close out from

3053
03:45:35,445 --> 03:45:39,125
a financial and from an asset perspective, there were a lot of assets in the shelter

3054
03:45:39,785 --> 03:45:43,405
at the time of the termination that were n bss. There were also a lot of assets that were

3055
03:45:43,945 --> 03:45:47,885
the cities. Um, most of that is complete. There were

3056
03:45:48,165 --> 03:45:51,405
several vehicles and other pieces of equipment trailers,

3057
03:45:52,585 --> 03:45:56,125
um, those three modular homes out to the side of the shelter

3058
03:45:57,155 --> 03:46:00,525
that, um, you know, different entities owned different pieces of equipment.

3059
03:46:01,185 --> 03:46:05,125
we went through a process of deciding which ones, um, needed to stay at the

3060
03:46:05,245 --> 03:46:09,165
shelter and remain in city ownership, which ones were nbas owned

3061
03:46:09,465 --> 03:46:13,345
and could go with them. And there were a couple of vehicles on

3062
03:46:13,595 --> 03:46:17,005
each side where, you know, we said, yeah, we don't need this anymore.

3063
03:46:17,905 --> 03:46:21,525
uh, let's look at a valuation. And then nbas can buy it from the city effectively,

3064
03:46:22,385 --> 03:46:26,185
and also vice versa. Uh, there was at least one vehicle that we

3065
03:46:26,405 --> 03:46:30,085
wanted to buy from nbas. So we are working through that process,

3066
03:46:31,185 --> 03:46:35,085
um, now and have been to create that final accounting,

3067
03:46:35,985 --> 03:46:39,445
uh, to close out everything from a financial perspective with, uh, the agreement

3068
03:46:40,585 --> 03:46:44,565
is our fleet manager, patrick carter here to maybe give any light

3069
03:46:44,805 --> 03:46:48,805
to that as to maybe the, the status of the truck. Does he

3070
03:46:48,925 --> 03:46:52,805
know anything about it? Is your, is your answer complete? Well, again, I,

3071
03:46:53,325 --> 03:46:57,305
I think what, what I'm saying is there was one truck, one vehicle that, um,

3072
03:46:57,725 --> 03:47:01,685
nbas we agreed to sell to them because it was not in good

3073
03:47:01,885 --> 03:47:05,645
shape. The city really couldn't use it, and marine inhumane was unable to use it.

3074
03:47:06,145 --> 03:47:09,905
so we agreed on a value, and then nbas was able to, um,

3075
03:47:10,395 --> 03:47:13,555
take that truck or buy that truck from the city effectively.

3076
03:47:14,595 --> 03:47:18,475
patrick, I don't know if you wanna, I would say exactly

3077
03:47:18,965 --> 03:47:22,435
what brian just said. Okay.

3078
03:47:23,225 --> 03:47:26,405
so, uh, who would like to start the comments end of, um, tonight's discussion?

3079
03:47:31,345 --> 03:47:34,085
no one has comments. Okay. Uh, council member shrives,

3080
03:47:35,425 --> 03:47:39,225
um, yeah, it, it says overall is, is a, a sad

3081
03:47:39,845 --> 03:47:43,765
situation. We have, um, animal services in several cities around us

3082
03:47:44,195 --> 03:47:48,185
have failed several of these things. Um, lots of it has been hidden. Uh,

3083
03:47:48,475 --> 03:47:52,165
it's not unique to us. Um, and so we are facing a, basically

3084
03:47:52,845 --> 03:47:56,405
a, a failure in operations at this point. Now, what do you do?

3085
03:47:57,145 --> 03:48:00,885
do we spend a lot of time writing a report, getting all the responses,

3086
03:48:01,385 --> 03:48:05,205
or do we spend time fixing the problem? And I, I don't

3087
03:48:05,445 --> 03:48:09,385
like the report. I, I would not write it myself that way, but

3088
03:48:09,605 --> 03:48:13,525
it, it's a report. It's a recommendation, a report saying, we're going to do better. At this point,

3089
03:48:14,485 --> 03:48:18,275
I don't wanna waste time having legal and, and us and just like,

3090
03:48:19,055 --> 03:48:22,785
could the wordsmith a report that may or may not be adequate. Um,

3091
03:48:23,165 --> 03:48:27,010
I don't wanna spend that much time on responding in a report. What I wanna do is I wanna fix

3092
03:48:27,170 --> 03:48:31,165
the problem. So I'd much rather have staff spend the time to come

3093
03:48:31,365 --> 03:48:34,425
up with the exact recommendations that we're looking for. Um,

3094
03:48:35,465 --> 03:48:39,285
um, I'm not sure if we can legally just go ahead and say, oh, we, we agree

3095
03:48:39,565 --> 03:48:43,515
with this, this, this, and this and this. We failed here and here and here and here. Um, that

3096
03:48:43,805 --> 03:48:47,805
might be good for the public to hear about. I'm not sure how productive that was or how legal that might be.

3097
03:48:48,545 --> 03:48:52,405
but, uh, I want to hear what are we gonna do? What are the positive

3098
03:48:52,565 --> 03:48:56,525
recommendations? We heard several recommendations tonight. So brian, you did a good job of saying, hey, we're gonna do

3099
03:48:56,645 --> 03:49:00,605
this, this, and this. You had a whole list there that do not appear in the report. Do we

3100
03:49:00,835 --> 03:49:04,525
send it? Is, do we put that in the report and, and make it pardon in stone?

3101
03:49:05,185 --> 03:49:09,045
or do we just make it happen? So at this point, uh, I'd rather just,

3102
03:49:09,285 --> 03:49:13,105
just make it happen in reality and, and move forward. This is all one

3103
03:49:13,325 --> 03:49:16,965
of the bridge. Just admit that it's been a screw up entirely on this whole thing.

3104
03:49:17,375 --> 03:49:21,295
let's put it on the water of the bridge and let's make it right. That's, that's where I would like to go. Thank

3105
03:49:21,645 --> 03:49:24,795
you very much. Council member barnacle. Yeah,

3106
03:49:26,985 --> 03:49:30,805
let would say I'm largely in, uh, in council member, she's camp on this with a few,

3107
03:49:31,105 --> 03:49:35,005
um, modifications. Um, so on r three

3108
03:49:35,245 --> 03:49:39,245
and r five on the, uh, independent hearing officers and the victim participation and

3109
03:49:39,365 --> 03:49:43,205
hearings, um, I would say not be implemented

3110
03:49:43,725 --> 03:49:47,645
is written. Um, we say we're gonna review title ix. I'd like us to review

3111
03:49:47,925 --> 03:49:51,875
what other cities in sonoma county are doing and bring that back for the council. When

3112
03:49:52,165 --> 03:49:55,825
we are looking at the, the next, uh, the rfp, um,

3113
03:49:56,605 --> 03:50:00,365
response or approving the contract whenever, like, whenever the next time that we're

3114
03:50:00,645 --> 03:50:04,645
gonna, whether it's receiving the audit or whatever, um, I

3115
03:50:04,765 --> 03:50:08,025
want to actually look at what the other cities are doing on that front and, um,

3116
03:50:09,345 --> 03:50:13,335
edit this to, to say that that's what we're gonna do, is we're gonna look at the other cities and

3117
03:50:13,555 --> 03:50:17,455
the council will direct staff to, um, take action. You

3118
03:50:17,675 --> 03:50:19,775
know, following that. Um,

3119
03:50:22,025 --> 03:50:25,885
the, uh, when we bring forward

3120
03:50:26,785 --> 03:50:30,735
the, um, the reports, uh, and, and the rfp,

3121
03:50:31,515 --> 03:50:34,975
uh, actually, when we bring forward the contract, there's gonna a few things that I'm gonna be interested in

3122
03:50:35,635 --> 03:50:39,475
the, the sla for records, uh, furnishing that's,

3123
03:50:40,475 --> 03:50:44,355
you know, absolutely a non-starter or important one. Um,

3124
03:50:46,595 --> 03:50:50,375
uh, the, I want like a really, really clear complaints process

3125
03:50:50,835 --> 03:50:54,515
and escalation process that, uh, does not

3126
03:50:55,555 --> 03:50:59,515
create a cycle of sending someone who made a complaint back to the, the, the

3127
03:50:59,735 --> 03:51:01,875
organization that they're complaining about. Um,

3128
03:51:03,995 --> 03:51:07,115
uh, um,

3129
03:51:09,475 --> 03:51:13,315
the, you know, the, and then the reporting. I think the,

3130
03:51:13,675 --> 03:51:17,655
our, our police department, they do an annual report and they come in front of us and

3131
03:51:17,855 --> 03:51:21,615
they report out on their metrics. Um, I'm fine with quarterly reporting. We can

3132
03:51:21,965 --> 03:51:25,845
receive and file those on consent and people can ask him questions about him or what have

3133
03:51:26,005 --> 03:51:30,005
you. But annually, I think I want to have like one time where someone comes in and

3134
03:51:30,125 --> 03:51:33,605
sits in front of the council and, and presents it in the same way that our police department does.

3135
03:51:34,465 --> 03:51:38,325
um, and then I, I note that, you know, a lot of the right metrics are in there, rabies vaccines,

3136
03:51:38,765 --> 03:51:42,585
licensing, things like that. Um, I wanna make sure that we have trends in

3137
03:51:42,805 --> 03:51:46,485
there of like, how are they doing relative to last year in the same way that,

3138
03:51:46,825 --> 03:51:50,805
you know, we have that with our police department too, and that it's not just data with a point

3139
03:51:50,965 --> 03:51:54,405
in time, but we're actually giving a context and we're looking at improvement in quality service.

3140
03:51:55,785 --> 03:51:59,655
um, so,

3141
03:52:00,375 --> 03:52:04,345
um, a few things. I think this, this

3142
03:52:04,635 --> 03:52:08,595
grand jury report rehashes a lot of the things we already knew, which is that we

3143
03:52:08,755 --> 03:52:12,475
didn't do a good job on contract oversight on this front. And the, and the, and the,

3144
03:52:13,055 --> 03:52:16,895
and nvas was not performing adequately. I take responsibility for

3145
03:52:17,115 --> 03:52:21,115
not demanding, um, doing my oversight job in a more forceful way.

3146
03:52:21,935 --> 03:52:25,395
um, but I'll note that we submitted our grand jury response on september 8th,

3147
03:52:26,415 --> 03:52:29,875
so it wasn't a year after we submitted the grand jury response. It was actually four months.

3148
03:52:30,975 --> 03:52:34,715
and, um, when they started their new, like, you know,

3149
03:52:35,155 --> 03:52:39,115
investigation into us. So, um, we were like, there was a

3150
03:52:39,235 --> 03:52:43,195
lot of work that was underway that we were, we were taking to try and,

3151
03:52:43,535 --> 03:52:47,495
you know, um, bringing on the

3152
03:52:47,655 --> 03:52:51,635
consultant to try and fix the operation is the interim step of

3153
03:52:51,855 --> 03:52:55,815
like, trying to make it better. Um, at the same time, when we had, when

3154
03:52:56,095 --> 03:52:59,915
we brought the thing forward in march, we had a draft rfp with, uh, you

3155
03:53:00,295 --> 03:53:04,295
know, that we were issuing. So it wasn't like we were asleep at the wheel. And I,

3156
03:53:04,475 --> 03:53:08,295
um, I take issue with, uh, that piece of this report

3157
03:53:08,605 --> 03:53:12,335
more than anything is that, um, we were absolutely looking to replace

3158
03:53:12,655 --> 03:53:16,015
them, um, and, uh, and

3159
03:53:16,675 --> 03:53:20,515
. Um, and that's, that's the piece that I take most issue with.

3160
03:53:21,175 --> 03:53:24,535
uh, in terms of additional things, I think I'd like to add,

3161
03:53:25,205 --> 03:53:28,635
align that we made requests for budget re, uh, budget increases

3162
03:53:29,375 --> 03:53:33,035
and things like that to nbas into the financial oversight, um, response.

3163
03:53:34,855 --> 03:53:38,695
and, um, you know, I I,

3164
03:53:39,415 --> 03:53:43,095
I definitely agree with the, like the qualitative critiques

3165
03:53:43,875 --> 03:53:47,305
of the city and, um, and

3166
03:53:48,265 --> 03:53:52,105
the, and am bass, uh, and our, and our role in this. Um, but

3167
03:53:52,445 --> 03:53:56,295
I think also the legal responses that we're provi, like,

3168
03:53:56,895 --> 03:54:00,695
I think there's, like, they're capturing the, the issues properly

3169
03:54:01,075 --> 03:54:04,855
and we're responding with the legal facts. And those are two separate things where we're

3170
03:54:05,135 --> 03:54:08,925
just sort of talking past each other in this report that, um, kind

3171
03:54:09,215 --> 03:54:13,135
of, that's what the grand jury process sort of like lends itself to that. It's, and it's

3172
03:54:13,335 --> 03:54:17,175
not very satisfying. Um, but I would say overall, like

3173
03:54:17,595 --> 03:54:21,225
we're, I think we're taking a lot of action to address

3174
03:54:21,665 --> 03:54:25,525
a lot of these different things. And, um, I'm definitely with council member sheb that that's like where

3175
03:54:25,685 --> 03:54:29,625
I wanna focus is getting a new provider in and making sure that we have all the right, um,

3176
03:54:31,425 --> 03:54:33,725
the right, uh, checks and, and whatnot in place.

3177
03:54:38,895 --> 03:54:42,785
council member di carley, um, before I jump into my comments,

3178
03:54:43,105 --> 03:54:46,025
I have a question for the city attorney. Based on some of the public comment,

3179
03:54:47,165 --> 03:54:50,985
is it possible to run the clock out on the statute of limitations for an

3180
03:54:51,185 --> 03:54:52,065
open dog bite case?

3181
03:54:59,345 --> 03:55:03,315
um, do you mean, do you mean, is it possible for it to run barring

3182
03:55:03,805 --> 03:55:07,805
the case, or is it possible to extend it? Well, I'm saying if I understood

3183
03:55:08,285 --> 03:55:12,155
correctly, they said her case was closed, you know, it was too,

3184
03:55:12,455 --> 03:55:16,115
too far back, couldn't do anything about it. Um, so I mean,

3185
03:55:17,055 --> 03:55:20,715
can you just allow the clock to run out on something like that and be like, didn't happen,

3186
03:55:21,415 --> 03:55:25,415
you know, we're done. Well, when a statute of limitations runs the,

3187
03:55:26,275 --> 03:55:30,015
I mean, it, it can have the effect of barring prosecution of,

3188
03:55:30,855 --> 03:55:34,625
of what other, whatever alleged violation occurred. What, what

3189
03:55:34,955 --> 03:55:38,835
I don't know is factually, if, if that was the case or if that determination was

3190
03:55:38,995 --> 03:55:42,915
based on evidence or some other consideration, I don't know. I don't

3191
03:55:43,115 --> 03:55:47,035
have that information, and I don't know if any of us do, but we, we

3192
03:55:47,195 --> 03:55:49,975
can see to get it. Is that something we can provide more direct support to,

3193
03:55:54,665 --> 03:55:58,405
um, to try and help an investigation in that case, given that

3194
03:55:58,685 --> 03:56:02,405
there was, you know, years of nothing happening.

3195
03:56:04,425 --> 03:56:08,285
so maybe a little more detail on this

3196
03:56:08,445 --> 03:56:12,235
without going too down in the weeds, but, um, staff's

3197
03:56:12,725 --> 03:56:16,565
understanding of this case is that the, the original

3198
03:56:17,005 --> 03:56:20,805
incident occurred and the dog was declared a potentially

3199
03:56:21,885 --> 03:56:25,795
dangerous dog, which is the level one of the different distinctions in our code.

3200
03:56:26,825 --> 03:56:30,805
uh, the owner was served with a provisional abatement order, which

3201
03:56:31,125 --> 03:56:34,805
is how the process works, specifying that they had to comply

3202
03:56:35,205 --> 03:56:39,205
with certain regulations, putting a sign up, muzzling their dog, making sure their dog's leash

3203
03:56:39,665 --> 03:56:43,205
get licensed, uh, s spared or neutered, et cetera.

3204
03:56:44,315 --> 03:56:48,205
that order went into effect. It's, uh, still in effect,

3205
03:56:48,685 --> 03:56:52,385
I believe, 'cause there's usually a three year, um, uh,

3206
03:56:52,955 --> 03:56:55,745
runtime on those regulations. So

3207
03:56:57,775 --> 03:57:01,485
there were a couple of other, so subsequent to that, there

3208
03:57:01,805 --> 03:57:05,685
were a couple of other incidents that occurred not, uh, bite incidents,

3209
03:57:05,985 --> 03:57:09,875
but other witness reports of seeing the dog, uh, lunging

3210
03:57:10,465 --> 03:57:13,775
or d you know, d different, different behaviors. And, and I think

3211
03:57:14,545 --> 03:57:18,325
the, um, the assumption or the conclusion

3212
03:57:19,705 --> 03:57:23,385
may have been that, or actually let me step back. The

3213
03:57:23,805 --> 03:57:27,285
question may have been were those behaviors that were witnessed,

3214
03:57:28,265 --> 03:57:32,125
uh, and reported to I believe nbas at the time, were those

3215
03:57:32,925 --> 03:57:36,915
sufficient to then upgrade the dog's designation from potentially

3216
03:57:38,005 --> 03:57:42,005
dangerous to dangerous, which is the next level of designation comes with

3217
03:57:42,245 --> 03:57:45,935
more restrictions, et cetera. Uh, I, I don't think

3218
03:57:46,315 --> 03:57:49,765
that that happened in terms of finalizing any conclusions

3219
03:57:50,345 --> 03:57:53,875
one way or the other. But the assumption would be if the upgrade

3220
03:57:54,385 --> 03:57:58,205
to dangerous did not occur, that the animal control officer

3221
03:57:58,665 --> 03:58:02,405
at the time did not feel that those rose to that level when nb

3222
03:58:02,745 --> 03:58:06,685
or excuse me, when marin humane came on board, they went back and looked

3223
03:58:06,945 --> 03:58:10,785
at the case again, just to look, look through the record. Uh, and

3224
03:58:11,005 --> 03:58:14,635
essentially my understanding is the same conclusion occurred that

3225
03:58:15,065 --> 03:58:19,065
the, um, the evidence that was presented by those witnesses was

3226
03:58:19,305 --> 03:58:23,105
not sufficient to upgrade to a dangerous dog. Uh, and so that's

3227
03:58:23,625 --> 03:58:27,485
why there was no further action taken. However, and this is

3228
03:58:27,645 --> 03:58:31,645
really important, the potentially dangerous designation is still in effect.

3229
03:58:32,025 --> 03:58:35,705
and one thing that marin humane has been hitting, um,

3230
03:58:36,775 --> 03:58:40,685
quite, um, quite significantly in the three to four months that they've been on board,

3231
03:58:41,265 --> 03:58:45,265
is ensuring that those items in the abatement order that must be, uh,

3232
03:58:45,645 --> 03:58:49,015
a abided by, by the dog owner are in fact being,

3233
03:58:49,825 --> 03:58:53,565
uh, being abided. So that's been the follow-up that they have been working

3234
03:58:53,905 --> 03:58:57,905
on and trying to get in contact with the dog owner to make sure that everything is

3235
03:58:58,325 --> 03:59:01,985
kosher on that front. So that's an ongoing process. And in

3236
03:59:02,365 --> 03:59:06,325
speaking with them, anecdotally, their usual process is that every, at least every

3237
03:59:06,705 --> 03:59:10,565
six months during that three year period, so essentially six touch points

3238
03:59:11,025 --> 03:59:15,005
during the abatement orders, uh, effect, they're gonna be following

3239
03:59:15,365 --> 03:59:19,085
back up with that owner to make sure that all of those provisions are in fact in place.

3240
03:59:20,145 --> 03:59:23,645
so if marin humane were continuing, and I know they're currently our interim

3241
03:59:24,245 --> 03:59:28,245
provider, they would continue to do those follow ups until the three year mark and the

3242
03:59:28,365 --> 03:59:32,265
end of that abatement. So that's more of the history and background in

3243
03:59:32,485 --> 03:59:36,165
terms of the investigation and the potentially dangerous designation

3244
03:59:36,705 --> 03:59:40,185
on that case. Mm-hmm . Thank you. And so,

3245
03:59:41,065 --> 03:59:45,065
you know, I feel like it would help public trust a lot in this, in, in

3246
03:59:45,285 --> 03:59:48,845
this whole process. If, you know, staff, were able to,

3247
03:59:49,505 --> 03:59:53,165
in cooperation with marin humane, go back and look at a lot of these,

3248
03:59:53,745 --> 03:59:57,245
you know, cases that are unresolved and to try to give special attention

3249
03:59:58,425 --> 04:00:02,325
to those, to resolve them, um, you know, so that those

3250
04:00:02,565 --> 04:00:06,245
people can move on and with their lives and, and not have to

3251
04:00:06,645 --> 04:00:10,565
continue to worry about these things or think about them and give them some kind of

3252
04:00:10,685 --> 04:00:14,425
peace with it. So that said, um,

3253
04:00:16,965 --> 04:00:20,925
I don't, I don't see the response to the grand jury as, as sufficient.

3254
04:00:21,545 --> 04:00:25,535
it has a tone throughout the whole report that I feel lacks

3255
04:00:25,965 --> 04:00:29,115
a lot of accountability. Um, it's,

3256
04:00:30,065 --> 04:00:34,025
you know, and, and that's, that's what I feel like my job is, is, you

3257
04:00:34,245 --> 04:00:38,225
know, to hold people accountable for things, you know, no

3258
04:00:38,445 --> 04:00:41,225
matter the circumstances. Um, I mean, this is,

3259
04:00:42,655 --> 04:00:46,545
this is eight years, you know, this isn't like two weeks or a day

3260
04:00:46,725 --> 04:00:49,965
or a mistake here, there, this is eight years of,

3261
04:00:51,005 --> 04:00:54,705
you know, oversight that didn't work, a contract that didn't

3262
04:00:55,025 --> 04:00:58,615
work, a contractor that didn't work, and then staff that,

3263
04:00:59,755 --> 04:01:03,035
you know, allowed this to happen for years. And

3264
04:01:05,015 --> 04:01:08,845
a lot of, a lot of what's referenced in the response to the grand jury is, well,

3265
04:01:09,135 --> 04:01:13,135
counsel made this decision on march 2nd. And it, you know, a lot of that centers around that.

3266
04:01:13,995 --> 04:01:17,445
but again, there were years prior of not a whole lot done.

3267
04:01:18,715 --> 04:01:22,555
and, you know, I can't help but wonder when that, when that came to us in

3268
04:01:22,775 --> 04:01:26,735
march, that was all right around the time of everything that was going

3269
04:01:26,935 --> 04:01:30,255
on up in clear lake. So I wonder if things would've continued as usual,

3270
04:01:31,515 --> 04:01:34,915
had, had that not happened. And so,

3271
04:01:36,875 --> 04:01:40,795
you know, there's, um, I dunno, I've had a lot to say

3272
04:01:41,015 --> 04:01:44,355
about this, and I may come in bits and pieces here, but, um,

3273
04:01:46,825 --> 04:01:50,745
I just, uh, I, I just don't find it acceptable to just simply move forward

3274
04:01:51,685 --> 04:01:55,585
and say it's water under the bridge. I think, I think we need

3275
04:01:55,785 --> 04:01:58,345
to go back and look at what happened, you know, because

3276
04:02:00,055 --> 04:02:03,435
the public wants accountability. They've, they've lost trust over this.

3277
04:02:04,535 --> 04:02:08,235
and I think we have to go back and analyze what went wrong

3278
04:02:09,215 --> 04:02:13,055
and make sure that there is accountability. And

3279
04:02:13,335 --> 04:02:17,315
so, you know, I think, I think we should, should almost have a

3280
04:02:17,435 --> 04:02:21,295
special meeting over that, you know, not even just an agenda item, but we, we

3281
04:02:21,515 --> 04:02:25,435
need to really look at that and see what happened in that time. Because it doesn't add

3282
04:02:25,555 --> 04:02:29,485
up, it doesn't make sense. And every,

3283
04:02:29,835 --> 04:02:33,235
everything around it is nobody can lay their hands on or really get into,

3284
04:02:34,415 --> 04:02:38,315
you know, and everything's spoken about broadly and generally. So I think we should really be going

3285
04:02:38,515 --> 04:02:42,275
back and having a hard look at things. Again, I don't think this

3286
04:02:42,835 --> 04:02:45,695
response is satisfactory. Um,

3287
04:02:47,235 --> 04:02:50,995
I think, you know, we should be now if, if, if it were still nbas,

3288
04:02:51,595 --> 04:02:54,915
we'd be looking at, we should probably be looking at oversight almost every week.

3289
04:02:55,655 --> 04:02:59,115
but being that it's marine humane, snow humane, whoever it's gonna be in the future,

3290
04:03:00,135 --> 04:03:04,015
you know, probably a monthly report

3291
04:03:04,465 --> 04:03:07,185
doesn't make as much sense because these are more trusted organizations,

3292
04:03:09,055 --> 04:03:13,035
but we should absolutely still have oversight and reporting

3293
04:03:13,735 --> 04:03:17,525
that's done. You know, it's, it's, um, it's necessary.

3294
04:03:17,985 --> 04:03:21,965
and again, the city has a lot of work to do in rebuilding public trust on this process.

3295
04:03:22,775 --> 04:03:25,325
everything has to be as transparent as possible.

3296
04:03:27,225 --> 04:03:29,805
so let me see if anything else.

3297
04:03:43,505 --> 04:03:46,705
no, I, I think that's, I think I've mostly said it all, so,

3298
04:03:48,145 --> 04:03:51,785
but yeah, I I'm not going to, I'm not gonna support this, uh,

3299
04:03:52,325 --> 04:03:56,245
response to the grand jury. Thank you. Um, I

3300
04:03:56,365 --> 04:04:00,075
just, I, I think councilman di carly touched on something, um, um, very

3301
04:04:00,645 --> 04:04:04,315
valuable in, in that, um, we have the potentially dangerous designation

3302
04:04:05,185 --> 04:04:08,945
and it should remain current, is, I believe what we were saying. Um,

3303
04:04:10,235 --> 04:04:13,915
what other conditions are in the potential? I mean, does it require continuous licensing,

3304
04:04:14,575 --> 04:04:18,545
continuing continuous, uh, vaccinations, things like that. And it,

3305
04:04:18,985 --> 04:04:22,485
is it within our ability now to look at that should be an open,

3306
04:04:23,825 --> 04:04:26,905
um, potentially dangerous designation and

3307
04:04:27,905 --> 04:04:31,565
ask for compliance on that. You know, ask the owner, is the dog still in license?

3308
04:04:31,985 --> 04:04:35,565
is whatever else is in that conditions? Is, is that a path we can follow?

3309
04:04:36,745 --> 04:04:40,365
you're talking on that specific case, on one specific case that is what, uh, is currently,

3310
04:04:41,145 --> 04:04:44,805
uh, happening. Yes. So marine humane is contacting the dog owner,

3311
04:04:45,185 --> 04:04:49,045
and they have, uh, to make sure that they're licensed. I, I know, uh, certain conditions

3312
04:04:49,875 --> 04:04:53,765
have already been complied with, like the dog was neutered, uh, things like that.

3313
04:04:54,145 --> 04:04:58,145
but, uh, the signs have been out at least to, to the, the, the last report that I got, the,

3314
04:04:58,365 --> 04:05:02,245
uh, beware of dog signs. And there are a variety of other things that we need to ensure

3315
04:05:02,645 --> 04:05:06,465
a hundred percent compliance, and that's what they're working on. Absolutely. Um,

3316
04:05:07,245 --> 04:05:11,075
I, I think it would be warranted to provide, um, the, uh, victim some

3317
04:05:11,365 --> 04:05:15,165
of the data and, and, uh, uh, or in cc to counsel,

3318
04:05:15,905 --> 04:05:19,885
you know, the status of that, and especially if it's still open that it

3319
04:05:20,205 --> 04:05:23,425
isn't a fully compliant, uh, designation at this time. So that's

3320
04:05:24,415 --> 04:05:27,985
suggestion. We can find an update. Sure. Thank you, council member. Now,

3321
04:05:29,305 --> 04:05:32,965
um, yes, um, I definitely agree that edits are needed

3322
04:05:33,465 --> 04:05:37,115
in our response and take, um, more of the criticism

3323
04:05:38,505 --> 04:05:42,285
and vow never to repeat it and show that

3324
04:05:42,565 --> 04:05:46,465
we're putting, um, new policies in place. Um,

3325
04:05:47,125 --> 04:05:51,025
bringing back animal services committee, I really like to see a staff report.

3326
04:05:51,845 --> 04:05:55,595
I know it's more staff time and more expenses, but I think it's

3327
04:05:55,895 --> 04:05:59,725
worth it to the community and, um, regaining their

3328
04:05:59,925 --> 04:06:03,925
public trust. Um, thank you to the public that stayed this late. And on the zoom,

3329
04:06:04,785 --> 04:06:07,745
um, to make, uh, comments. Um,

3330
04:06:09,375 --> 04:06:13,165
ironically, uh, three years ago this last

3331
04:06:13,405 --> 04:06:17,165
weekend, there, there was news in the argus

3332
04:06:17,485 --> 04:06:21,165
courier and online social media that north bay animal services

3333
04:06:21,705 --> 04:06:25,685
had gone to the city of stockton and helped their animal services

3334
04:06:26,105 --> 04:06:30,045
out. And they even gave a shout out to the city of petaluma

3335
04:06:30,865 --> 04:06:34,685
for lending, um, support for them to do it.

3336
04:06:34,905 --> 04:06:38,265
so when our complaints started coming, um,

3337
04:06:39,355 --> 04:06:42,975
just a year later, we give it back to staff,

3338
04:06:43,585 --> 04:06:47,365
and that's what council does when we get a complaint from the community. It's usually

3339
04:06:47,625 --> 04:06:51,365
you cc'd with numerous names, and we usually

3340
04:06:51,795 --> 04:06:55,795
send it back to staff. We need to have more accountability when

3341
04:06:56,085 --> 04:06:59,925
these, um, um, complaints come in so that

3342
04:07:00,125 --> 04:07:03,945
this doesn't happen in the future. And we need to, um,

3343
04:07:04,995 --> 04:07:08,885
like, thank you council member barnacle for saying we do, and council

3344
04:07:09,165 --> 04:07:12,425
memberships. We, we do have a lot to, um,

3345
04:07:14,805 --> 04:07:18,475
improve and we promise to improve, but we need to redraft the,

3346
04:07:19,035 --> 04:07:22,915
the responses to show that commitment and add

3347
04:07:23,195 --> 04:07:26,885
and edit with the council's, um, recommendations this evening and take

3348
04:07:27,245 --> 04:07:31,155
more ownership to the errors that were pointed out in the grand jury's,

3349
04:07:31,675 --> 04:07:35,505
um, findings. So those are my comments. Thank

3350
04:07:35,855 --> 04:07:39,725
you, council member quint. Yeah.

3351
04:07:40,035 --> 04:07:44,015
as I, as I kind of think back and, uh, you know,

3352
04:07:44,165 --> 04:07:48,095
with my time on council and how this issue has unfolded,

3353
04:07:48,915 --> 04:07:52,715
uh, you know, when I first got here, there was, um, uh,

3354
04:07:53,035 --> 04:07:57,035
you know, there was dialogue around, um, you

3355
04:07:57,255 --> 04:08:01,055
know, some, some concerns that

3356
04:08:01,535 --> 04:08:05,125
were largely contributed by

3357
04:08:06,345 --> 04:08:10,045
mbas being underfunded, and

3358
04:08:11,445 --> 04:08:14,605
the city stepping in and having dialogue with mbas around

3359
04:08:15,965 --> 04:08:19,265
how can we support you better, um, and that

3360
04:08:20,015 --> 04:08:23,985
that really, you know, didn't take shape and, and, and, and start to correct

3361
04:08:24,285 --> 04:08:27,645
any of the concerns. And then the grand jury report came out,

3362
04:08:28,605 --> 04:08:32,445
and then we, if I'm remembering this correctly, uh,

3363
04:08:32,925 --> 04:08:36,805
the city, um, in, in our attempt to

3364
04:08:37,165 --> 04:08:40,865
comply with the grand jury report, hired the consultant. The consultant

3365
04:08:41,845 --> 04:08:45,645
was trying to work with bas. And,

3366
04:08:46,485 --> 04:08:50,455
uh, and, and, and, and at that point, my recollection is that,

3367
04:08:51,245 --> 04:08:55,185
um, you know, there were growing concerns because of nbas

3368
04:08:55,745 --> 04:08:58,805
being uncooperative and working with a consultant. And

3369
04:09:00,015 --> 04:09:02,445
that really started to,

3370
04:09:04,045 --> 04:09:07,845
um, you know, paint a picture that we need to do something

3371
04:09:08,385 --> 04:09:12,325
and we need to, um, you know, submit an rfp. There was

3372
04:09:12,485 --> 04:09:16,305
discussion around that and, um, and, and, and shortly

3373
04:09:16,715 --> 04:09:20,615
after, um, the, the clear lake thing sort of, you know, blew

3374
04:09:20,905 --> 04:09:23,575
up. Am I remembering that correctly?

3375
04:09:25,165 --> 04:09:29,135
so, uh, you know, I don't feel like the city was

3376
04:09:29,355 --> 04:09:33,175
asleep at the wheel. I feel like we were working to

3377
04:09:33,415 --> 04:09:37,275
try to do something, and then we ultimately made the decision

3378
04:09:37,735 --> 04:09:41,595
to, uh, when, when there was, uh, when it was evident

3379
04:09:41,865 --> 04:09:45,515
that there was little to no cooperation, um, to make the change.

3380
04:09:46,335 --> 04:09:49,545
um, and, um,

3381
04:09:50,585 --> 04:09:54,495
you know, and, and, you know, and I'm concerned that this grand

3382
04:09:54,775 --> 04:09:58,575
jury report came out like, right as

3383
04:09:58,835 --> 04:10:02,735
you know, in the middle of us trying to respond to the

3384
04:10:02,895 --> 04:10:06,835
first grand jury report. Um, so I don't see, you

3385
04:10:07,055 --> 04:10:10,675
know, as I, you know, reflect on, on the

3386
04:10:11,135 --> 04:10:14,535
responses that staff gave us tonight. I don't,

3387
04:10:15,655 --> 04:10:19,455
I can't look at any one of those responses and say that's a bad

3388
04:10:19,975 --> 04:10:23,955
response. So, um, I do think, I mean, I agree

3389
04:10:24,235 --> 04:10:27,995
with, um, council member barel and, and the

3390
04:10:28,435 --> 04:10:32,395
suggestions that he had. Um, so I'm, you know, on the same page with him

3391
04:10:32,655 --> 04:10:36,555
and, and council member shrives, um, you know, I think we, you know,

3392
04:10:36,845 --> 04:10:40,355
we're on a path to making this better and we're gonna continue to make it better.

3393
04:10:41,255 --> 04:10:43,935
um, and so I support the,

3394
04:10:46,175 --> 04:10:49,835
the reply. Thank you. Um, council member cater

3395
04:10:50,275 --> 04:10:53,385
thompson, you wanna weigh in? Sure.

3396
04:10:54,655 --> 04:10:58,655
um, you know, my big concern with all of this is really the,

3397
04:10:58,975 --> 04:11:02,835
um, the dog bites and it was not handled well by nbas.

3398
04:11:04,665 --> 04:11:08,655
it's gone on for a long time, and I really have concerns when we're talking about dogs of

3399
04:11:08,905 --> 04:11:11,875
potential dangerous versus dangerous.

3400
04:11:12,975 --> 04:11:16,895
um, I just think if there's a dangerous dog, we have to take action and

3401
04:11:17,115 --> 04:11:20,275
we can't. Um, I just don't understand why we have all these different steps,

3402
04:11:21,455 --> 04:11:25,375
um, to get from potentially dangerous to dangerous. Um,

3403
04:11:26,475 --> 04:11:30,135
I wanna just talk about clear lake, real clear. I mean, the town of clear lake had

3404
04:11:30,535 --> 04:11:34,495
responsibility also, but it seems as though all of this is on the

3405
04:11:34,715 --> 04:11:38,515
city of petaluma and clear lake had an absolute responsibility

3406
04:11:40,055 --> 04:11:44,015
to understand what was happening in their shelter. Um,

3407
04:11:44,915 --> 04:11:44,915
I,

3408
04:11:48,975 --> 04:11:52,055
I do agree with what council member, um, barnacle

3409
04:11:53,395 --> 04:11:57,335
his comments, um, but I think we also need to move

3410
04:11:57,515 --> 04:12:01,495
on and start making decisions of who's gonna be the next

3411
04:12:01,615 --> 04:12:05,575
shelter, um, who's gonna take over the shelter. You know, I

3412
04:12:05,695 --> 04:12:09,575
go back to when this nbas got the contract

3413
04:12:09,775 --> 04:12:13,525
in the first place. It was a political move. It was a mess on both sides.

3414
04:12:13,905 --> 04:12:17,765
we should have gone with marin humane at the time, but the council didn't. And I don't

3415
04:12:17,965 --> 04:12:21,765
believe anybody on this council was there at the time. I know I was at those meetings

3416
04:12:22,245 --> 04:12:26,045
though I chose not to participate 'cause I didn't like the way the politics

3417
04:12:26,745 --> 04:12:30,445
was happening. And I feel like there's politics being played

3418
04:12:30,765 --> 04:12:34,495
here by just this constant blame, blame, blame.

3419
04:12:35,545 --> 04:12:39,325
and I think we need to, um, stop the blaming and actually

3420
04:12:39,875 --> 04:12:43,685
take the action, move forward with, um, a new shelter

3421
04:12:44,565 --> 04:12:48,425
provider and, and move forward because it's really about

3422
04:12:48,665 --> 04:12:52,445
the animals. And this is becoming too political and

3423
04:12:52,805 --> 04:12:56,485
people are forgetting that the animals are the most important. Um,

3424
04:12:56,905 --> 04:13:00,865
I do wanna just mention that we do know that there was a leak in the grand jury

3425
04:13:01,735 --> 04:13:04,625
well before the report came out. And I know the grand jury watches

3426
04:13:05,775 --> 04:13:09,575
this, and I want them to know that that happened and that

3427
04:13:09,865 --> 04:13:13,725
they should be, you know, they should address that within the grand jury itself.

3428
04:13:15,165 --> 04:13:19,035
um, I agree with council

3429
04:13:19,475 --> 04:13:22,455
member quint, that we do need to move on

3430
04:13:23,705 --> 04:13:27,205
and, and I think this is about the animals and we need to get the personalities

3431
04:13:28,025 --> 04:13:31,665
out of this, and we need to make sure monitor, um,

3432
04:13:32,065 --> 04:13:35,205
and we need to get reports back on where we're at,

3433
04:13:36,295 --> 04:13:40,045
um, with getting a new provider. And

3434
04:13:40,325 --> 04:13:43,335
that's where I want to go is moving forward. It's about the animals

3435
04:13:44,845 --> 04:13:48,765
and keep the politics out of it, and let's just move forward. Um,

3436
04:13:49,325 --> 04:13:52,865
you know, the report, I mean, we could do some tweaks in the report, but at this point

3437
04:13:53,615 --> 04:13:57,325
it's due at a certain timeframe. And what's

3438
04:13:57,745 --> 04:14:01,625
the ramifications if the report is not, um, submitted in time,

3439
04:14:02,205 --> 04:14:06,085
I'd like to know that. Um, and that's

3440
04:14:06,365 --> 04:14:10,365
about it. Looking forward to a new provider and moving on, um, to protect

3441
04:14:10,725 --> 04:14:14,605
the animals in our community. Thank you. Okay. Um,

3442
04:14:14,865 --> 04:14:18,405
um, I am gonna ask staff to weigh in and say, what's the ramification to not, uh, complying

3443
04:14:19,005 --> 04:14:19,445
with the timeline?

3444
04:14:24,035 --> 04:14:27,495
um, I'm, I'm gonna look that up. I, I, I didn't contemplate

3445
04:14:28,055 --> 04:14:31,975
that. We wouldn't . Okay. Well you do, you go ahead with that part. We'll continue

3446
04:14:32,095 --> 04:14:35,925
with our part. I'll open it up while you're deliberating. Thanks. Okay. Um, council

3447
04:14:36,415 --> 04:14:40,095
member shri. Okay. Now, after hearing the other, uh, council members

3448
04:14:40,795 --> 04:14:44,735
and, um, the direction that we're sort of going in, uh, looks like the

3449
04:14:44,855 --> 04:14:48,775
rule may need to be a little bit of a rewrite, but if we can just do a few tweaks here and there.

3450
04:14:49,635 --> 04:14:53,595
um, yeah. The change in tone as it was mentioned. Yep.

3451
04:14:54,195 --> 04:14:58,015
I'm gonna come back to that issue, uh, in a heartbeat. Can I ask it, hold that question or,

3452
04:14:58,315 --> 04:15:01,555
uh, comment for a second? Sure. Thank you. So, um,

3453
04:15:02,595 --> 04:15:06,405
as the council member who hasn't weighed in yet, um, I'm gonna weigh in. Okay.

3454
04:15:06,955 --> 04:15:10,625
and, um, so, um, number one, um,

3455
04:15:11,705 --> 04:15:15,485
uh, I appreciate all, um, all the actions the staff has taken

3456
04:15:16,185 --> 04:15:19,745
to, to get us from where we were, to where we were, where we are. Um,

3457
04:15:20,805 --> 04:15:24,565
I think, uh, more actions are going super necessary as we get the new

3458
04:15:25,005 --> 04:15:28,825
provider. And that's what you're indicating in the grand jury report and in the

3459
04:15:29,245 --> 04:15:33,165
rfp that we've been discussing here, which we have to sort out

3460
04:15:33,365 --> 04:15:37,325
before marin leaves on us. Um, you know, we need to sort out the

3461
04:15:37,725 --> 04:15:41,505
contract with the new, um, and, uh, when things go bad,

3462
04:15:42,025 --> 04:15:45,685
as they have, change is needed. And you expect

3463
04:15:46,165 --> 04:15:49,045
to take a lot of, um, criticism, significant criticism,

3464
04:15:50,185 --> 04:15:54,045
uh, for the performance of things. I think the grand jury had many good ideas.

3465
04:15:54,725 --> 04:15:58,645
I don't like that they, the do the, the, the way the state rules

3466
04:15:58,845 --> 04:16:02,745
are written for grand juries, that they force you to say, I disagree rather than agree. So,

3467
04:16:03,105 --> 04:16:06,805
uh, it looks like there's more disagreement, but I think on the whole, there's

3468
04:16:07,125 --> 04:16:11,105
more agreement, uh, than many good ideas. Um, we,

3469
04:16:11,765 --> 04:16:15,415
I went, uh, I've been over and toured, um, the, the facilities, uh, since

3470
04:16:15,865 --> 04:16:19,845
in, in the last months. And, and, um, I see a lot of improvements. I

3471
04:16:19,965 --> 04:16:23,885
know the, the thing you mentioned about some properties that are still there that are owned by other parties,

3472
04:16:24,305 --> 04:16:28,245
we have a little lot of work to get to the finish line. Uh, but there's so

3473
04:16:28,365 --> 04:16:31,635
many less animals there. And, and the, the cacophony,

3474
04:16:32,665 --> 04:16:36,605
uh, is, is gone. The, uh, uh, you know, and, and,

3475
04:16:36,985 --> 04:16:40,025
and that's horrible for animals to have that kind of, um, uh,

3476
04:16:41,145 --> 04:16:44,705
you know, terror going on there. So I'm appreciating, um,

3477
04:16:45,225 --> 04:16:48,605
what's been done by dropping north bay and, and getting

3478
04:16:49,365 --> 04:16:53,305
competent help in. Um, I am very concerned that, um,

3479
04:16:54,305 --> 04:16:58,285
we are now gonna have a, a significant cost. I, I can't identify where

3480
04:16:58,525 --> 04:17:02,265
the cost is gonna come from yet, but, um, but

3481
04:17:03,485 --> 04:17:06,885
apparently we weren't paying the real cost of doing animal service previously.

3482
04:17:07,825 --> 04:17:11,805
and, and we're headed into that. Um, the jpa

3483
04:17:12,415 --> 04:17:16,325
super critical, every, every city up here has a different, um, set of

3484
04:17:16,445 --> 04:17:20,245
rules for how you treat animals. And, and it doesn't work like that in marin. All the cities

3485
04:17:20,475 --> 04:17:23,725
have the same set of animal rules, and that would

3486
04:17:24,505 --> 04:17:27,965
be what a jpa could, could, uh, bring for us.

3487
04:17:28,745 --> 04:17:32,725
um, I appreciate with, um, uh, council member sri's original

3488
04:17:32,925 --> 04:17:36,805
point that, that, um, there's lots we need

3489
04:17:37,005 --> 04:17:40,885
to do, but we need to do that, we need to get on with doing the new thing.

3490
04:17:41,235 --> 04:17:45,025
well, and, and that's kind of my bottom line is, you

3491
04:17:45,245 --> 04:17:48,865
know, we better, we need to do better and we will. Um,

3492
04:17:49,905 --> 04:17:53,885
so those, those are my thoughts on this. Uh, mr. Attorney, do you have,

3493
04:17:54,105 --> 04:17:58,055
uh, the answer yet? Not, not quite yet, but, okay.

3494
04:17:58,475 --> 04:18:02,435
uh, so will shortly, the, um, next thing I want to tackle is

3495
04:18:02,735 --> 04:18:06,465
I did hear, um, two council members and two and two and a half maybe,

3496
04:18:06,875 --> 04:18:10,705
um, before I cut you off there, um, that suggested, um,

3497
04:18:11,155 --> 04:18:15,125
some, um, editing of the document. Um, I,

3498
04:18:15,685 --> 04:18:19,485
I did hear, um, broad support for, um, completing the

3499
04:18:19,805 --> 04:18:23,725
document this evening. So I'm gonna kind of ask, can the changes that we wish

3500
04:18:24,025 --> 04:18:27,645
to have, um, be done in the document tonight?

3501
04:18:28,705 --> 04:18:31,965
and since you haven't had a chance to express them, we'll go back to council member shrives now.

3502
04:18:32,955 --> 04:18:36,875
okay. So I was gonna go through, um, hopefully some, um, smaller changes that

3503
04:18:37,165 --> 04:18:41,115
could be done, uh, hopefully fairly quickly. Here's what I would like to see. There is just, um, there's

3504
04:18:41,605 --> 04:18:45,235
like one statement in there that, uh, basically hit me hard and going, okay,

3505
04:18:45,785 --> 04:18:49,745
um, it was a bit derogatory. The general, the jury counsel, uh,

3506
04:18:50,185 --> 04:18:53,725
the, the grand jury doesn't understand how the, how the charter works. Can I, um,

3507
04:18:54,545 --> 04:18:58,265
can I ask for a page reference? Um, I, I forget exactly where, where it

3508
04:18:58,565 --> 04:19:02,395
appeared. It had to do with the administration can charter, I asked then

3509
04:19:02,835 --> 04:19:06,125
also the staff, do we have a red line version of this is available to us?

3510
04:19:06,985 --> 04:19:10,825
we don't, but I think the comment that council member schibs is referring to is

3511
04:19:11,045 --> 04:19:14,915
an f1 in the response to f1. Yeah. I, I think, yeah.

3512
04:19:15,205 --> 04:19:19,045
yeah. So, um, that's, that's where like sets a tone and I think was was

3513
04:19:19,265 --> 04:19:22,965
it starts, was that at the very beginning of, of one of the, um, uh, statements of we

3514
04:19:23,325 --> 04:19:27,285
disagree and that was sort of like ted. Um, so that was a bit of a, a

3515
04:19:27,645 --> 04:19:31,645
negative, um, feedback to, to the, to the jury, grand jury.

3516
04:19:31,845 --> 04:19:35,665
oh, you don't really understand. So that is what, that's the type of tone that was set

3517
04:19:36,225 --> 04:19:40,225
and just like, it, it just hurt me a little bit when seeing that. So in

3518
04:19:40,445 --> 04:19:44,265
that, in the, uh, we agree in part or we agree in

3519
04:19:44,485 --> 04:19:48,035
those agreement statements, um, what is it we agree to, because

3520
04:19:48,525 --> 04:19:52,485
it doesn't say, what are we agreeing to agree in part, well, what is it we're agreeing to? So I

3521
04:19:52,605 --> 04:19:56,565
wanna see we agree that yes, your statement of this is correct, I want

3522
04:19:56,725 --> 04:20:00,635
some admittance. Yes, we agree. Why do we agreeing to that?

3523
04:20:01,115 --> 04:20:04,965
that should not be a vague oh, in part we agree in part, but now we are gonna disagree

3524
04:20:05,125 --> 04:20:08,885
in detail. So the agreements need to be what do we agree with particularly

3525
04:20:09,825 --> 04:20:13,685
detail. That's one thing. I'm, I I'm suggesting that you want editing that

3526
04:20:13,925 --> 04:20:17,765
can't be done tonight. Tonight. That might be, well, if, if it could be done,

3527
04:20:18,505 --> 04:20:22,225
if, if they understand it, I, I'd release 'em to just kinda work on it and then have review

3528
04:20:22,645 --> 04:20:26,605
it. And can I say that you'll then any, any, uh, suggestion you make, you'll leave

3529
04:20:26,725 --> 04:20:30,645
the discretion of staff and and pass the resolutionary? Yeah. Yes. I would be willing to

3530
04:20:30,765 --> 04:20:34,605
do that, um, with a final reading by the mayor to, to, to just double check

3531
04:20:34,805 --> 04:20:38,775
that it was done. Sure. Equity. So this is f1 you're talking about, which

3532
04:20:39,825 --> 04:20:43,685
the finding is, apart from I proving the annual budget statement of goals and mergers, the council

3533
04:20:44,225 --> 04:20:47,565
has largely delegated its governing authorities to the city manager.

3534
04:20:48,355 --> 04:20:51,945
this allows the city manager to take actions that are not authorized. Um,

3535
04:20:52,505 --> 04:20:56,325
that's the one you're talking about? Yeah. Well, and, and then the, the response is the city wholly

3536
04:20:56,885 --> 04:21:00,725
disagrees, uh, not where we wholly disagree, it's where we say

3537
04:21:01,145 --> 04:21:05,070
we agree or we agree in part. So this is not finding one is not the, the

3538
04:21:05,150 --> 04:21:08,535
one you're worried about. No, I'm trying to figure out, it's whatever we, we say we agree

3539
04:21:09,185 --> 04:21:13,125
or we agree in part I would like a a statement of what we

3540
04:21:13,325 --> 04:21:16,925
agree. I understand. What are we agreeing to when before we disagree

3541
04:21:17,825 --> 04:21:21,625
in part, so a a little bit more definitiveness, so

3542
04:21:21,905 --> 04:21:25,885
little bit. So, so I, I got, I mean, if we're going to, if we're gonna

3543
04:21:26,005 --> 04:21:29,685
ask staff to do this offline with an approval, and I a little bit of

3544
04:21:30,205 --> 04:21:34,045
specificity. Okay. So, and, and, and not your clarity, but staff's

3545
04:21:34,445 --> 04:21:38,445
clarity of what your thought is, right. And the rest of the council understanding what your thought

3546
04:21:38,645 --> 04:21:42,625
is. So first the staff, you think you can do that? Yeah. So, uh, you

3547
04:21:42,845 --> 04:21:46,605
know, overall I would say on the findings, we did try to do exactly

3548
04:21:47,085 --> 04:21:50,845
what, what you're saying, council memberships, we, we could go back through and make it a little more

3549
04:21:51,165 --> 04:21:54,995
explicit. I'm just looking at one, like finding f six that talks about there's

3550
04:21:55,485 --> 04:21:59,285
no state or county authority that exists for periodic inspection of animal shelters.

3551
04:22:00,235 --> 04:22:04,225
this enabled nbas to contract for services with multiple cities, et cetera, et

3552
04:22:04,445 --> 04:22:08,405
cetera. So then the response is the city disagrees. In part, the very next

3553
04:22:08,645 --> 04:22:12,335
paragraph starts, the city agrees that there is no comprehensive state

3554
04:22:12,705 --> 04:22:16,565
or county system, et cetera. And the city also agrees that regional coordination

3555
04:22:17,575 --> 04:22:21,165
could improve consistency, efficiency, compliance, and animal welfare

3556
04:22:22,005 --> 04:22:25,865
outcomes. So again, we tried to state where we agreed and

3557
04:22:26,085 --> 04:22:29,985
then the rest is why or what we disagreed with. But I'm happy to

3558
04:22:30,205 --> 04:22:33,635
go back through if we need to do some cleanup to make it very explicit when

3559
04:22:34,345 --> 04:22:38,155
the points of agreement, uh, versus the points of disagreement. Right. Okay.

3560
04:22:38,445 --> 04:22:42,385
so I think we've got that. Is there another point you wanna make? Uh, yes. Uh, one more. Um,

3561
04:22:42,625 --> 04:22:45,765
you made several recommendations tonight in, in the, in the powerpoint,

3562
04:22:46,865 --> 04:22:50,655
but I don't remember reading some of those in the actual report. Could,

3563
04:22:51,025 --> 04:22:54,545
and, and at the very end, even instead of stating, uh,

3564
04:22:55,085 --> 04:22:59,025
f1 and r six and responding directly, um, either in

3565
04:22:59,245 --> 04:23:03,085
this report or in a report back to us, I would like to see

3566
04:23:03,365 --> 04:23:07,165
a full report. Here's what we were, this is the fix. I would see a whole list

3567
04:23:07,425 --> 04:23:11,405
of this is our fix. So I'm gonna suggest that in the, so I'm not sure if we need

3568
04:23:11,565 --> 04:23:15,325
it in this report, but I, I would like to see that fairly soon. I would, I would like to suggest

3569
04:23:15,605 --> 04:23:19,605
the rfp is coming to us fairly soon. I think, uh, marin's, uh, contract

3570
04:23:19,915 --> 04:23:23,885
expires end of august will, and the cover memo can have exactly

3571
04:23:24,305 --> 04:23:28,285
the lessons learned that you're referencing. Yes, yes. So I'd be, I'd be happy with

3572
04:23:28,485 --> 04:23:32,315
that. Uh, but I wanna make it clear that we want to see the, the, the rfp list

3573
04:23:33,265 --> 04:23:37,105
in detail, the things that, that have been missed and what we need to fix and

3574
04:23:38,225 --> 04:23:42,205
see. So we, we submitted the rfp and it's already been responded to,

3575
04:23:42,465 --> 04:23:46,345
but the contract will show, actually we've listed that in

3576
04:23:46,565 --> 04:23:50,045
the contract provisions for the new provider of what we are gonna do. Oh, that's great.

3577
04:23:50,875 --> 04:23:54,285
good. Yeah. And, and, and, but, uh, councilman now also suggested,

3578
04:23:55,085 --> 04:23:58,725
I think there's two or three of us thinking the same, that maybe we need to have a, a committee

3579
04:23:59,435 --> 04:24:03,405
that actually oversees or looks at it, not just their own board of directors, but

3580
04:24:03,605 --> 04:24:07,485
we need to have a little bit more citizen oversight. So, so that the only, that's not part of the grand

3581
04:24:07,645 --> 04:24:11,495
jury, but, um, I guess it's a, something that could be brought in with the staff

3582
04:24:11,845 --> 04:24:14,715
report at, um, correct. So we need to make that fix also.

3583
04:24:16,005 --> 04:24:19,815
I, I would call, it may not be in the report, but somewhere at, we have to hear back, just trying to get clear what we're

3584
04:24:20,625 --> 04:24:24,355
yes. In this document. I, I think for the responses, what

3585
04:24:24,645 --> 04:24:28,055
I'm trying to get to is in general, but, uh, councilman

3586
04:24:28,885 --> 04:24:32,885
quint said the responses were appropriate for the legal language that's required

3587
04:24:33,005 --> 04:24:36,565
to win this type of report. Indeed, we, we, we sort of like yes, agree to all that,

3588
04:24:37,105 --> 04:24:41,085
but uh, but we, we need to focus on the fix. Okay. So that

3589
04:24:41,215 --> 04:24:44,725
point, that's where I'm going over to the city attorney, so there's no penalty

3590
04:24:45,785 --> 04:24:49,605
if, if we're not timely. 'cause the, remember the grand and I just was doing,

3591
04:24:49,965 --> 04:24:53,965
I looked at the statute, did a little bit more research, um, remember the grand

3592
04:24:54,125 --> 04:24:57,885
jury's just a recommending and, uh, I'm sorry, and, and investigative

3593
04:24:58,305 --> 04:25:02,285
and re and recommending body. It's not an enforcing body. Okay. So there's

3594
04:25:02,565 --> 04:25:06,565
no thank you. Explicit penalty. And the other thing I wanted to just note is this,

3595
04:25:07,465 --> 04:25:11,405
um, the structure of our responses that brian referred to

3596
04:25:11,625 --> 04:25:15,505
in, in f six, they're all that way. They all say

3597
04:25:16,585 --> 04:25:20,075
use the prescribed language and they say city agrees that

3598
04:25:20,795 --> 04:25:24,665
city does not agree that city agrees that the city does not agree that. So

3599
04:25:25,105 --> 04:25:29,085
we really did use that structure mm-hmm . Um, so I, I, if, if you

3600
04:25:29,205 --> 04:25:33,205
look at it, I think that's, that's how that was intended to work, to be clear actually

3601
04:25:33,835 --> 04:25:37,525
that um, right. To distinguish even, even, you know, working

3602
04:25:37,975 --> 04:25:41,935
consistent with the, it's their language that leads with disagree. Right,

3603
04:25:42,615 --> 04:25:46,485
right. Sets its own. So, but, but as to the question about what happens if we don't

3604
04:25:46,645 --> 04:25:50,485
file it timely. Okay. Thank you. And that replies to, uh, council member

3605
04:25:50,725 --> 04:25:54,605
cater thompson's question. So we're set on that front and council member.

3606
04:25:55,265 --> 04:25:58,435
I'm, I'm sorry, I should clarify one other thing. And that's the legal implication.

3607
04:26:00,105 --> 04:26:04,085
the practical implication is that it's, it, it would not reflect

3608
04:26:04,445 --> 04:26:08,285
well in the city if we failed to be time. No, it would not, would it? Yeah. Thank

3609
04:26:08,565 --> 04:26:12,365
you. Right. Okay. Let's not do that. Council member now you had,

3610
04:26:13,075 --> 04:26:16,405
well only it's for the city attorney. What if we bring it back to the august 3rd?

3611
04:26:17,115 --> 04:26:20,405
that still gives us time. Isn't august 9th the deadline

3612
04:26:21,945 --> 04:26:24,925
for the response? It wouldn't give us enough time to quickly

3613
04:26:26,795 --> 04:26:30,365
incorporate all this. Where I was going with this is if there's nothing that

3614
04:26:31,005 --> 04:26:35,005
requires, um, substantive change, and we

3615
04:26:35,205 --> 04:26:39,125
have the sentiment on the council that we're gonna resolve tonight, and I think

3616
04:26:39,245 --> 04:26:42,705
we could do a straw poll on, on that. I, when I was listening, we have the

3617
04:26:43,255 --> 04:26:47,025
broad support for moving on and getting on tonight, then,

3618
04:26:47,815 --> 04:26:51,675
um, we wouldn't need to come back, even though, even though there was no penalty to taking

3619
04:26:51,975 --> 04:26:55,915
it out september. And we have to, we have notes on council member

3620
04:26:56,465 --> 04:27:00,315
barnacles suggested edits that at least, I dunno

3621
04:27:00,475 --> 04:27:04,385
if I'm, I'm working my way across. Yeah. Okay. So, um, and council member, now

3622
04:27:04,745 --> 04:27:08,645
you had a, a, you said errors. Was there a specific error you needed to

3623
04:27:09,155 --> 04:27:11,225
comment on? Um,

3624
04:27:13,185 --> 04:27:16,345
oh gosh. Um, the,

3625
04:27:18,875 --> 04:27:22,865
I think it was on the, the, um, dog bite. I don't know what finding that

3626
04:27:23,155 --> 04:27:26,935
was. There was definitely errors made

3627
04:27:27,245 --> 04:27:31,135
by the city that, um, prevented

3628
04:27:31,745 --> 04:27:35,425
it from, I mean, it became a, a situation.

3629
04:27:36,125 --> 04:27:40,085
so you, you don't mean errors in the report, you mean errors in

3630
04:27:40,545 --> 04:27:44,375
practice and what we did as a city protecting our citizens from

3631
04:27:45,365 --> 04:27:49,265
dog bites and future dog bites. But I don't remember what finding it was.

3632
04:27:50,125 --> 04:27:53,925
um, it's just how the formal complaints are made. And, and

3633
04:27:54,175 --> 04:27:57,825
that should be the kinds of things that were clearing up in the rfp and correct.

3634
04:27:58,285 --> 04:28:02,025
and in the metrics that we're using. Correct. Okay. No, added to the resolution. So policy policies going forward

3635
04:28:03,035 --> 04:28:06,925
would, um, prevent that from happening again. A

3636
04:28:07,045 --> 04:28:11,005
lot of that's really, really important. I mean, we all, we get, I think the,

3637
04:28:11,205 --> 04:28:14,405
uh, council member, I, I think the change that we made

3638
04:28:15,315 --> 04:28:19,005
with canceling the contract with mbas and going with,

3639
04:28:19,875 --> 04:28:23,705
with, um, marin and, and, uh,

3640
04:28:24,105 --> 04:28:27,965
sonoma. I mean, they have, they already have the procedures

3641
04:28:28,465 --> 04:28:31,705
in place for capturing dog bite reports. And,

3642
04:28:32,745 --> 04:28:36,665
and, uh, so I, to me, I think that's a, an

3643
04:28:36,885 --> 04:28:40,865
issue that's been remedied. So I'm, I'm hearing no modification of

3644
04:28:41,105 --> 04:28:44,525
the reply to the grand jury. No. I just wanted it to be really

3645
04:28:45,165 --> 04:28:49,125
emphasized in the, in the response that we are doing this with

3646
04:28:49,365 --> 04:28:53,245
future policies and future. I'm sorry.

3647
04:28:53,585 --> 04:28:57,405
you do want a statement in no, I was just saying , I was backing

3648
04:28:57,885 --> 04:29:00,745
up staff in their findings. Yes. Okay. Um,

3649
04:29:01,985 --> 04:29:05,585
I'm sorry about that. It's okay. Okay. It's late. Um, and then the other, um,

3650
04:29:06,515 --> 04:29:08,925
editorial, uh, offering was from councilor barnacle.

3651
04:29:11,035 --> 04:29:15,005
yeah. Page eight. Um, there's a paragraph on page eight where

3652
04:29:15,345 --> 04:29:18,155
we, uh, sort of dive into,

3653
04:29:19,505 --> 04:29:23,305
um, it is the second from the bottom. So

3654
04:29:23,525 --> 04:29:27,525
it says, the agreement also required nbas to notify the city if additional funding or

3655
04:29:27,725 --> 04:29:31,205
other contractor related issues arose that could affect performance.

3656
04:29:32,285 --> 04:29:36,205
I think right after that sentence, you could add a sentence that says, the city also made

3657
04:29:36,725 --> 04:29:40,455
multiple, uh, inquiries to nbas, um, about

3658
04:29:40,825 --> 04:29:44,725
the need for additional funding. Um, and then I

3659
04:29:44,845 --> 04:29:48,845
think that would play, that would be fine there. And council member barla also mentioned that

3660
04:29:49,365 --> 04:29:53,325
regarding the, uh, review of our regulations, we should indicate that we're

3661
04:29:53,605 --> 04:29:57,465
reviewing those of neighboring jurisdictions. Yeah. So on

3662
04:29:57,685 --> 04:30:01,565
the r three and r five, I don't see, I think there's gonna need to be more

3663
04:30:02,005 --> 04:30:05,965
considerable rewrites than we have time for tonight. I'm comfortable with you

3664
04:30:06,085 --> 04:30:10,085
taking my guidance, but I would say that instead of the city will review title

3665
04:30:10,465 --> 04:30:14,125
ix procedures, I would say the city will review title ix procedures as well as

3666
04:30:14,705 --> 04:30:18,565
the practices of other sonoma county cities and return to council

3667
04:30:19,035 --> 04:30:22,885
with, um, an analysis. And I would put

3668
04:30:23,085 --> 04:30:27,085
that for, there's, uh, the response, the first sentence

3669
04:30:27,205 --> 04:30:31,165
says, will not be implemented 'cause not warranted, not reasonable. I would say

3670
04:30:31,325 --> 04:30:34,355
this, like, this recommendation may be implemented,

3671
04:30:35,705 --> 04:30:38,785
um, following a review of, uh,

3672
04:30:40,065 --> 04:30:43,965
of title ix procedures and, um, other city

3673
04:30:44,645 --> 04:30:48,565
practices from, uh, sonoma county cities. And I would

3674
04:30:48,685 --> 04:30:52,605
just make that the, and then I'm comfortable with everything following that as long as that's the first

3675
04:30:53,085 --> 04:30:56,685
sentence. Um, yeah, I think, uh, sorry. Council member, the, the issue with

3676
04:30:57,205 --> 04:31:00,645
changing the first sentence is that, that first sentence is the, the mandated

3677
04:31:01,525 --> 04:31:05,405
phrasing. It, it literally says you, if you're going to say it will not

3678
04:31:05,565 --> 04:31:09,485
be implemented, it, it's because it is not warranted or not reasonable. But I

3679
04:31:09,605 --> 04:31:13,565
think your edits on the second part of that sentence are valid, and we can absolutely make

3680
04:31:13,725 --> 04:31:17,525
those okay. To reflect what the city is actually going to be working on in the future. Great.

3681
04:31:17,765 --> 04:31:20,995
yeah. Okay. Do, that's, that's fine. And then on r five,

3682
04:31:21,995 --> 04:31:25,085
similarly there's the first sentence, uh, page number please. Uh, 16.

3683
04:31:26,225 --> 04:31:30,125
um, the first response sec sentence says, the recommendation will

3684
04:31:30,285 --> 04:31:34,145
not be implemented because it is not warranted or, or is not reasonable. I would say,

3685
04:31:34,585 --> 04:31:38,395
um, related procedures from other sonoma county cities will

3686
04:31:38,685 --> 04:31:42,685
be pre, will be reviewed and ana, like a summary of analysis

3687
04:31:42,945 --> 04:31:46,945
and potential changes will be presented to council. Um, so

3688
04:31:47,165 --> 04:31:50,845
given that thank you staff is clear on that, is that an acceptable,

3689
04:31:51,285 --> 04:31:55,035
I'm, I'm straw polling the council right now. If anyone has a problem with

3690
04:31:56,155 --> 04:32:00,025
basically allowing that to pass through tonight, to vote the resolution and,

3691
04:32:00,545 --> 04:32:04,345
and have staff make that fix behind the scenes, um,

3692
04:32:04,905 --> 04:32:08,755
if you have a problem with it, raise your hand. Seeing no hands looking

3693
04:32:09,245 --> 04:32:13,205
even into the zoom, um, then that's gonna

3694
04:32:13,325 --> 04:32:17,165
be an element that'll say, as amended in our, in our motion. We'll have to say

3695
04:32:17,505 --> 04:32:21,485
as amended. Okay. So, um, do you want, do you want

3696
04:32:21,605 --> 04:32:24,505
me to make a motion or you got amendments to, or you, if we're, if we're set.

3697
04:32:25,645 --> 04:32:29,645
I think, I think we're set. And it's, it's is motion time. Are are you council member

3698
04:32:29,805 --> 04:32:33,765
shri, are you saying, uh, to pass it tonight? Uh, as a pass through or

3699
04:32:34,105 --> 04:32:37,685
we, it's gonna come back to us in the rewritten document on the third. No, this is the pass.

3700
04:32:38,195 --> 04:32:42,025
this is, yeah. I'm asking if you're comfortable, uh, having

3701
04:32:43,345 --> 04:32:47,145
the, that amendment that was proposed and discussed there, um,

3702
04:32:47,965 --> 04:32:51,825
a verbal direction and we passed the, um, we passed the

3703
04:32:52,205 --> 04:32:56,205
resolution with the modifications suggested at counsel.

3704
04:32:57,145 --> 04:33:01,045
the alternative is we wait for them to make the modifications. Say it again. And I don't,

3705
04:33:01,365 --> 04:33:05,155
I don't want to, I don't wanna bring being made. And then will

3706
04:33:05,445 --> 04:33:09,425
you do the final reviewer? I'm so, um, so question. So que yeah. Uh,

3707
04:33:09,885 --> 04:33:13,805
'cause otherwise, um, at this point, uh, I would like, I want to go through it

3708
04:33:14,005 --> 04:33:17,405
in, in, uh, council member barnacles,

3709
04:33:18,225 --> 04:33:22,165
uh, went through it and, and make any suggestions. I did not do the fine tooth

3710
04:33:22,645 --> 04:33:26,645
comb. Now I wanna do the fine tooth comb. So, uh, I

3711
04:33:26,765 --> 04:33:30,635
wanna go through it in detail now and, and, and actually, uh, pick

3712
04:33:30,925 --> 04:33:34,205
out sentence by sentence. 'cause that's what's needed. Uh, so I wanna go through an edit.

3713
04:33:35,465 --> 04:33:39,355
I'm famous for red line to, to a larger extent that can be accommodated. Yeah.

3714
04:33:39,725 --> 04:33:42,045
I may do a larger edit. Now, since we're doing this,

3715
04:33:43,745 --> 04:33:47,715
uh, can I call for a vote if that, that's

3716
04:33:48,135 --> 04:33:52,095
what making a motion means. Yes. Yep. Are you, are you I that barnico made a

3717
04:33:52,215 --> 04:33:55,975
motion? I have not yet. Oh. Then I would like to

3718
04:33:56,405 --> 04:34:00,165
make a motion that we, uh, that

3719
04:34:00,475 --> 04:34:04,205
we accept it, that we pass it, uh, with the suggested

3720
04:34:04,905 --> 04:34:08,255
edits that, uh, council member offered

3721
04:34:10,575 --> 04:34:13,655
friendly amendment for council member schibs is amendments as well.

3722
04:34:16,925 --> 04:34:20,675
okay. So we have a motion. Do we have a second? Second.

3723
04:34:21,515 --> 04:34:25,455
second by barnacle. Um, and are

3724
04:34:25,675 --> 04:34:26,395
we clear on what the,

3725
04:34:33,055 --> 04:34:36,605
could you quickly recap what the modifications are, just kind of for the record?

3726
04:34:38,825 --> 04:34:42,725
um, to, uh, the, the, the edits we have

3727
04:34:42,945 --> 04:34:46,705
are to, uh, mention that, um,

3728
04:34:47,875 --> 04:34:51,725
that we requested budgets from npas. That's in what section do you remember? Janet?

3729
04:34:52,545 --> 04:34:56,385
um, that's an f five. Thank you. And also, um,

3730
04:34:58,105 --> 04:35:01,925
to note that our review of the, the, the review of the regulations

3731
04:35:02,635 --> 04:35:06,605
will include, um, comparisons with those of the other sonoma county

3732
04:35:06,925 --> 04:35:09,525
cities for analysis and report back to council.

3733
04:35:11,025 --> 04:35:14,235
and those are in, uh, recommendations three and five.

3734
04:35:15,105 --> 04:35:19,045
and then I also, I thought, uh, council member roves, at the beginning of

3735
04:35:19,205 --> 04:35:22,365
your comments, you had mentioned potentially softening the language in f1

3736
04:35:23,355 --> 04:35:27,285
regarding the misunderstanding of the, I would

3737
04:35:27,365 --> 04:35:31,225
say that there's a few references to not understanding the

3738
04:35:31,445 --> 04:35:35,345
municipal code. And I, if I'm characterizing you like that was the, the

3739
04:35:35,565 --> 04:35:39,485
sort of thing that made you bristle. So yeah, look for references to the grand

3740
04:35:39,725 --> 04:35:43,565
jury, not understanding the ref municipal code would be maybe a, a

3741
04:35:44,115 --> 04:35:48,085
more sweeping way than just f1. 'cause there's multiple instances where we

3742
04:35:48,245 --> 04:35:52,035
say that. Yes. Yes. And also restating, um, what

3743
04:35:52,325 --> 04:35:56,315
we are gonna do versus we disagree. Yes. And, and what

3744
04:35:56,475 --> 04:36:00,215
we agree with. Yeah. Yeah. To make it clear. And

3745
04:36:00,595 --> 04:36:04,435
I would also maybe if we, if we could, uh, council member

3746
04:36:04,955 --> 04:36:08,075
quint, um, direct the mayor to have a final review before submission,

3747
04:36:10,115 --> 04:36:14,015
if you would accept that oh yeah. Since you're signing that, he's gotta sign it. So yeah, I

3748
04:36:14,135 --> 04:36:17,235
would expect that . Okay. So I'm, um,

3749
04:36:18,475 --> 04:36:21,375
we have a motion, um, and we have a second

3750
04:36:23,225 --> 04:36:27,145
and we're ready for roll call. Vote. Thank you. Barnacle. Aye.

3751
04:36:27,775 --> 04:36:31,695
gator thompson to carly.

3752
04:36:32,865 --> 04:36:35,565
aye. Can't sweep this under the rug and move on some a no.

3753
04:36:38,015 --> 04:36:41,455
now yes. Quint, yes.

3754
04:36:42,305 --> 04:36:45,775
shrives, uh, no. Mcdonald? Yes.

3755
04:36:46,935 --> 04:36:50,815
motion carries with two no votes. Thank you very much. Uh,

3756
04:36:51,035 --> 04:36:55,035
thank you everybody who stayed. Um, we're looking, all looking forward

3757
04:36:55,415 --> 04:36:58,195
to a new and better day for animal services in petaluma.

3758
04:36:59,775 --> 04:37:03,675
and with that, we come to the end of the meeting and I'd like to remind everyone we're

3759
04:37:03,995 --> 04:37:07,875
adjourning in, uh, the memory of bernie album. So thank you very much

3760
04:37:08,035 --> 04:37:08,875
everybody. Good night.