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HomeMy WebLinkAboutPolice Advisory & Accountability Committee 2024-11-20 Agenda Packet POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE WEDNESDAY, November 20, 2024, AT 6:00 PM In-Person: San Rafael City Council Chambers 1400 Fifth Ave, San Rafael, California Virtual: Watch Online: https://tinyurl.com/PAACZOOM Listen by Phone: (669) 444-9171 Meeting ID: 898-5264-7245# AGENDA How to participate in the meeting: • You are welcome to provide comments in-person at the meeting. Each speaker will have 2-minutes to provide public comment. • Submit your comments by email to PAAC@cityofsanrafael.org by 4:00 p.m. the day of the meeting. CALL TO ORDER – 6:00PM MINUTES 1. Approve regular meeting minutes from the meeting of October 16, 2024. OPEN TIME FOR PUBLIC EXPRESSION The public is welcome to address the Police Advisory and Accountability Committee at this time on matters not on the agenda that are within its jurisdiction. Comments may be no longer than 2 minutes and should be respectful to the community. OTHER AGENDA ITEMS If necessary to ensure the completion of the following items, the Chairperson may establish time limits for the presentations by individual speakers. 2. Other Agenda Items: a. Response to Homelessness Report Recommendation: Receive the informational report. b. Technology in Policing Recommendation: Receive the informational report and provide recommendations and feedback. c. Review of the Police Advisory and Accountability Committee Meeting Schedule For 2025 Recommendation: Review, revise as necessary, and adopt the meeting schedule for 2025. d. Provide Feedback on the Draft 2024 PAAC Annual Report Recommendation: Receive the informational report and provide feedback. e. Chair and Vice-Chair Elections Recommendation: Nominate and appoint a Chair and Vice Chair for the period January 2025 – December 2025. STAFF LIAISON REPORT 3. Other brief program updates or reports on any meetings, conferences, and/or seminars attended by staff. COMMITTEE REPORTS 4. Other brief reports on any meetings, conferences, and/or seminars attended by the Committee members. ADJOURNMENT Any records relating to an agenda item, received by a majority or more of the Board less than 72 hours before the meeting, sh all be available for inspection online and in the city hall large conference room, third floor, 1400 5th Avenue, San Rafael, Califo rnia placed with other agenda-related materials on the table in front of the location prior to the meeting. Sign Language interpreters may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are available in accessible formats upon request POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE (PAAC) WEDNESDAY, OCTOBER 16, 2024, AT 6:00 PM In-Person: San Rafael Public Safety Center 1375 Fifth Ave, San Rafael, California Virtual: Watch Online: https://tinyurl.com/PAACZOOM Listen by Phone: (669) 444-9171 Meeting ID: 898-5264-7245# MINUTES CALL TO ORDER Chair Kamena called the meeting to order at 6:00 PM and requested a roll call. Member Davidi was absent. Alternate Member Salamah Locks served as a regular member. ROLL CALL Present: Member Daniel Alm Member Marilyn Alvarez Member Fatai Tokolahi Member Salamah Locks Member Mydung Nguyen Member Darlin Ruiz Member Paula Kamena Alternate Member Karla Valdez Absent: Member Darioush Davidi Staff Present: Angela Robinson Piñon, Assistant City Manager Scott Eberle, Lieutenant, San Rafael Police Department Teresa Olson, Sr. Mgmt. Analyst, San Rafael Police Department Lynn Murphy, Mental Health Liaison Mel Burnette, Housing and Homelessness Analyst Lieutenant Scott Eberle informed the community that the in-person meeting would also be recorded and streamed live to YouTube and through Zoom. He noted the two-minute timer for public comment and closed captioning on Zoom. 1. MINUTES Chair Kamena requested the minutes reflect Alternate Member Karla Valdez served as a regular member during the September 18, 2024, due to Member Mydung Nguyen being absent. Chair Kamena invited public comment. Speakers: Stephen Bingham, Heidi. Member Locks moved to approve the September 18, 2024, minutes with the amendment noted by Chair Kamena. Member Tokolahi seconded the motion. AYES: MEMBERS: Alm, Alvarez, Kamena, Nguyen, Ruiz, Tokolahi, Valdez NOES: MEMBERS: None ABSENT: MEMBERS: Davidi ABSTAIN: MEMBERS: Locks The motion carried 7-0-1–1. OPEN TIME FOR PUBLIC EXPRESSION Mr. Freeman provided comments on prostitution stings. Stephen Bingham provided comments on allowing additional time for public expression, allowing comments to be submitted via zoom and police recruitment advertisement. 2. OTHER AGENDA ITEMS a. Complaints Lieutenant Scott Eberle presented the staff report. Staff responded to the Committee’s questions. Chair Kamena invited public comment. Heidi provided comments on trends in complaint data, and analysis of the data. Mr. Freeman commented on participating in ride-alongs. Public comment was closed. The Committee provided comments and recommended to accept the informational report. b. Provide feedback on the San Rafael Police Department’s Youth and Policing Presentation Lieutenant Scott Eberle presented the staff report. The Committee provided their comments. Staff responded to the Committee’s questions. Chair Kamena invited public comment. Speakers: Stephen Bingham, Heidi, Mr. Freeman, and Mo de Nieva-Marsh The Committee provided comments and recommended to accept the informational report, but to further explore this topic at a later date. c. Homelessness Lynn Murphy and Mel Burnette provided a presentation. Staff responded to questions from the Committee. Chair Kamena invited public comment. Speakers: Stephen Bingham, Heidi, Mo de Nieva-Marsh The committee provided comments and recommendations. STAFF LIAISON REPORT 3. Staff Liaison Report: Lieutenant Eberle reminded the Committee that the November 20, 2024, is the last meeting of the year. During the November meeting, there will be a presentation on technology, election of a new chair and vice chair will take place, the 2025 meeting schedule be presented and the Committee will receive the Annual Report for review. COMMISSIONER REPORTS 4. Committee Member Reports: • Member Alvarez nothing to note. • Member Tokolahi commented on his experience going on a ride-along and thanked the Department. He shared he has participated in discussions with the community about the SRO programs or alternative youth and policing efforts. • Member Alm commented on his experience going on a ride-along, noted having coffee with Chair Kamena and discussions he had with the community on youth and policing. • Member Ruiz commented on Pickleweed Park. • Chair Kamena shared she had coffee with Member Alm and commented on her experience going on a ride-along. • Member Valdez commented on her experience going on a ride-along. • Member Nyguen commented on her experience going on a ride-along. • Member Locks commented on participating in an oral board panel for police cadet and her experience going on a ride-along. ADJOURNMENT Chair Kamena adjourned the meeting at 8:03 p.m. ___________________________ SCOTT EBERLE, Staff Liaison APPROVED THIS _____DAY OF_______, 2024 Page 1 of 1 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT November 20, 2024 Item 2a TITLE: RESPONSE TO HOMELESSNESS REPORT RECOMMENDATION: Receive the informational report. BACKGROUND: At the October 16, 2024, meeting of the Police Advisory and Accountability Committee (“Committee”), the Committee heard presentations from San Rafael Police Department (SRPD) staff on the topic of Homelessness. The presentation is provided as Attachment 1 and the staff report is provided as Attachment 2. DISCUSSION: Please note that staff provided staff provided much of the background and context related to homelessness during the October 16, 2024, meeting. Therefore, the staff recommends the Committee direct its feedback to topics covered during the presentation. Staff can also respond to any questions about the October 16, 2024, Committee meeting. FISCAL IMPACT: There is no fiscal impact associated with this report. Submitted by: Scott Eberle Lieutenant, San Rafael Police Department ATTACHMENTS: 1. October 16, 2024, Response to Homelessness Presentation 2. October 16, 2024, Response to Homelessness Staff Report The City of San Rafael's Response to Homelessness Lynn Murphy, Mental Health Liaison Mel Burnette, Homelessness and Housing Analyst Learning Objectives ▪History of homelessness in Marin and San Rafael ▪Define common terms ▪Demographics of those who are homeless ▪Case law affecting the City's response ▪What are we doing now? ▪Questions Definitions Chronically Homeless 1.A person who has been homeless at least 1 year or has had 4 episodes of homelessness over 3 years. 2.S/he has also had a physical disability, serious mental illness or substance use disorder. Serious Mental Illness (SMI) ▪A mental illness that severely impairs a person's daily functioning. ▪Bipolar d/o,major depression, psychotic d/o like schizophrenia, schizoaffective d/o, PTSD ▪Can be treated w/medication. Housing Statistics ▪Since 2017, we have housed 804 chronically homeless individuals! ▪There is a 94% retention rate! ▪116 homeless veterans have been housed with 26 awaiting housing. ▪234 families have been housed with 37 remaining. Legal Challenges: Balancing Rights and Regulations ▪2018 Martin v. Boise U.S. Ninth Circuit Court of Appeals ▪The 2018 Martin v. Boise decision by the Ninth Circuit Court of Appeals, severely limited the City's ability to regulate camping on public property unless alternative adequate shelter space was available. In 2019 the Supreme Court declined to hear an appeal of the case which left the precedent intact for states in the Ninth circuit including California, Oregon, Washington, Arizona, Nevada, Idaho, and Montana. ▪The court’s decision led to lawsuits across the Ninth Circuit jurisdiction, including in cities like San Rafael, Los Angeles, San Francisco, Sacramento, Fresno, Portland, and Grants Pass, Oregon. ▪July 2023: City Council Revises Camping Ordinance ▪Legal Challenges to Camping Ordinance –Boyd vs City of SR ▪June 2024: Supreme Court Over-Ruled parts of Grants Pass vs Johnson ▪July 2024: Governor Newsom's Executive Order allowing cities to clear campsites ▪August 2024: Lawsuit Dismissed by Federal Court ▪August 2024: New Camping Ordinance Amendments ▪October 2024 Opening of Sanctioned Camping Area, Encampment Compliance Initiative Legal Challenges and New Opportunities History of Homelessness in San Rafael Who is homeless here? Why San Rafael? What does the data tell us? More Data Sanctioned Camping Area - SCA Thank you! Questions??? Page 1 of 4 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT October 16, 2024 Item 2c TITLE: SAN RAFAEL’S RESPONSE TO HOMELESSNESS RECOMMENDATION: Accept the informational report. BACKGROUND: Homelessness remains a significant challenge across the United States, and San Rafael is no exception. On August 19, 2024, the City Council received a report from the City Manager’s Office regarding proposed amendments to the City’s Camping Ordinance, an informational report to the City Council on homelessness, including the authorization of grants and contracts to establish a Sanctioned Camping Program (Attachment 1). According to the U.S. Department of Housing and Urban Development’s 2023 Annual Homelessness Assessment Report (AHAR) to Congress, approximately 653,104 individuals nationwide were affected by homelessness. Among these, 143,105 were chronically homeless, marking a 65% increase since 2017. California alone accounts for more than 180,000 homeless individuals, with 67,510 being chronically homeless, reflecting an 88% rise over the same period. Alarmingly, two-thirds of California's homeless population were unsheltered, comprising half of all unsheltered homeless individuals nationwide. In Marin County, the 2024 Point-in-Time Count revealed a count of 1,090 individuals experiencing homelessness, 788 of whom are unsheltered and 217 chronically homeless. The total count showed a 2.77% decrease from the 2022 count of 1,121. While local data for San Rafael from the 2024 count is still unavailable, the City reported 348 homeless individuals during the 2022 Point- in-Time Count. According to a December 2023 survey of homeless individuals residing in the Mahon Creek Path area encampment, 90% of encampment residents have lived in the area for more than a year, and almost two-thirds have resided in San Rafael for more than a decade. Several factors contribute to homelessness in San Rafael and beyond. The lack of affordable housing coupled with stagnant wages means that 42% of Marin renters spend more than 35% of their income on rent. The availability of shelter beds in Marin County is consistently limited, as there are approximately 291 beds available for 1,090 individuals. However, there have been significant strides in addressing homelessness: since 2017, the County of Marin has housed 737 chronically homeless individuals. 94% of these individuals have remained housed due to ongoing support services and rental subsidies. Efforts to house veterans have also been significant, with 111 veterans housed during this period. Since 2017, the City of San Rafael has partnered with Marin County Health and Human Services as well as the many community-based organizations that serve individuals experiencing homelessness. These agencies include Homeward Bound of Marin, Ritter Center, St. Vincent de Paul, Community Action Marin, Downtown Streets Team, Adopt A Family of Marin, North Marin Community Services, Center for Domestic Peace, Buckelew Programs, Episcopal Community Services, Catholic Charities, Side by Side and the Marin Housing Authority. This collaboration is called MASH, the Marin Alliance to Solve Homelessness. Using the guiding principle of housing first and the guidelines of Coordinated Entry, the goal is to address every individual with their Page 2 of 4 unique needs and to guide each person on their pathway to permanent supportive housing. Ten individuals are placed in permanent supportive housing (PSH) monthly through this unified and collaborative approach. Not only is the City housing people, but it is also helping them stay in housing through ongoing case management, which has led to a housing retention rate of 94%. Case Law Martin v. City of Boise 1, 920 F.3d 584 (9th Cir. 2018), significantly impacted jurisdictions by diminishing their ability to enforce camping and disorderly conduct violations. The Ninth Circuit Court of Appeals ruled in 2018 that a person cannot be penalized if there is not adequate shelter for an unhoused individual. San Rafael, along with many other jurisdictions, does not have enough shelter beds to meet the number of people experiencing homelessness. On June 28, 2024, the United States Supreme Court issued its decision reversing the Ninth Circuit Court of Appeals in Grants Pass v. Johnson and ruling that camping bans on public property do not violate constitutional protections against cruel and unusual punishment under the Eighth Amendment to the United States Constitution. As a result of the Supreme Court ruling, on July 25, 2024, Governor Gavin Newsom issued an Executive Order instructing state agencies to prioritize the humane removal of encampments, including conducting site assessments, providing advance notice, offering outreach services, and personal property storage for at least 60 days. The order encourages local governments to follow these same guidelines. DISCUSSION: San Rafael has made ending homelessness a top priority. The City is the only jurisdiction in Marin County with a division dedicated to addressing homelessness, a full-time alternative response team, and a full-time mental health liaison embedded in the Police Department dedicated to homelessness outreach. The City is dedicated to safeguarding the health and safety of community members and employees and is committed to delivering public services. Although the City does not directly offer homeless services or programs, it works closely with the County of Marin and local service providers to ensure that individuals experiencing homelessness have access to the resources they require. City Endeavors The City of San Rafael remains committed to finding solutions that honor the dignity of every person living in San Rafael while preserving the accessibility and cleanliness of our shared public spaces, which is crucial for the well-being of everyone who calls San Rafael home. The City has undertaken many actions and made significant investments to address homelessness. In recent years, the City’s affordable housing trust fund has invested more than three million dollars in supportive housing developments, such as the 3301 Kerner and Jonathan's Place projects. The City has also utilized $250,000 in state encampment resolution fund grants to expand case management services in partnership with the County of Marin. External Communications: The City has a dedicated webpage addressing homelessness, which provides a historical timeline of events, legal context, ongoing clean-up efforts, current and long-range planning, available resources, FAQs, and upcoming meetings. 1 Source: https://law.justia.com/cases/federal/appellate-courts/ca9/15-35845/15-35845-2019-04-01.html Page 3 of 4 Camping Ordinance: In July 2023, the City Council voted to amend the City’s longstanding camping ordinance (San Rafael Municipal Code Chapter 19.50) to regulate camping in a manner that complied with the then-governing Martin v. Boise decision. The Camping Ordinance stipulates that camping is only permitted in approved locations defined by the regulations in the Camping Ordinance. (SRMC 19.50) Enforcement Action Against Illegal Structures: The City conducts regular site assessments at the encampments to inspect illegally constructed structures. All illegal structures are noticed and abated through the City’s administrative process. Bi-Weekly Clean-Ups: The City conducts bi-weekly clean-ups of the Mahon Creek Path area encampment. For the City to legally remove trash and debris, individuals experiencing homelessness must be present and not claim an item as their personal property. Grant for Safe Camping Area: Marin County and the City of San Rafael have been awarded nearly $6 million by the California Interagency Council on Homelessness (Cal ICH) through the Encampment Resolution Fund Round 3 (ERF-3) grant program to address homelessness along and near the Mahon Creek Path to support a safe camping area with access to services and pathways to housing. Sanctioned Camping Area: On October 4, 2024, the City opened a Sanctioned Camping Area (SCA) on the north side of Mahon Path, funded by the grant. The SCA will house 50 people who have camped in Mahon Creek and surrounding areas since January 2024. There is 24/7 security and program management on-site five days a week, 24 hours a day. SRPD Endeavors Mental Health Liaison: The position was created in 2013 and is part of the SRPD. This integral role serves as a liaison between the City’s homeless population, social service providers, law enforcement agencies, and the community at large. It facilitates the coordination of services, clinical programming, and community problem-solving. SAFE team (Specialized Assistance For Everyone): The SAFE team initiative launched in 2023 focuses on collaborative efforts to support vulnerable populations in San Rafael and Marin County. By partnering with organizations like Ritter Center, Jonathan’s Place, Helen Vine, and St. Vincent de Paul, the SAFE team aims to enhance community outreach and provide comprehensive services. These services include follow-up care, housing assistance, and counseling, all designed to address the diverse needs of individuals and families in the community. This collaborative approach helps ensure people receive the holistic support necessary for their well-being and stability. San Rafael’s multifaceted and collaborative efforts highlight a strong commitment to tackling homelessness through immediate and long-term solutions. By leveraging partnerships with local organizations and community resources, the City can provide essential services such as emergency shelter, housing assistance, and mental health support. This integrated approach not only addresses the urgent needs of those experiencing homelessness but also works towards sustainable pathways to stability, ensuring that individuals have access to the resources necessary for lasting change. Through ongoing collaboration, San Rafael is fostering a more inclusive and supportive community for all. Page 4 of 4 FISCAL IMPACT: There is no fiscal impact associated with this report. Submitted by: Scott Eberle Lieutenant, San Rafael Police Department ATTACHMENTS: 1. August 19,2024 City Council Meeting Staff Report and Presentation Page 1 of 3 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT November 20, 2024 Item 2b TITLE: TECHNOLOGY IN POLICING RECOMMENDATION: Receive the informational report and provide recommendations and feedback. EXECUTIVE SUMMARY: This informational report provides background on the current use of Automated License Plate Reader (ALPR) technology and Unmanned Aerial Vehicles (also referred to as drones or UAVs) by the San Rafael Police Department. In addition, the SRPD is seeking the Committee’s input on a new policy on the use of UAVs. BACKGROUND: In response to evolving crime trends and the need for enhanced public safety measures, the San Rafael Police Department (SRPD) began utilizing ALPR (Automated License Plate Reader) technology after the City Council approved Resolution No. 13309 on March 19, 2012. Originally, the SRPD had two camera systems on two marked patrol vehicles and one system on a radar speed trailer. Even in this limited deployment model, ALPR technology proves useful in identifying stolen vehicles while providing investigative data to solve crimes. In August of 2023, the San Rafael City Council approved the expansion of SRPD’s ALPR systems to a larger network of stationary cameras from the Flock Group Inc. The staff report can be found here. Since its implementation, Flock has vastly improved the SRPD’s ability to identify vehicles of interest related to missing and endangered persons or associated with serious crimes under active investigation. Unmanned aerial vehicles (UAVs), also known as drones, are increasingly being deployed by law enforcement agencies for search and rescue missions, monitoring large events, providing situational awareness during critical incidents, and improving officer safety. Using drones offers real-time aerial perspectives that enhance SRPD’s operational capabilities in responding to emergencies. In 2023, The SRPD used drones in high-risk situations on six different occasions. This information was presented to the Police Advisory and Accountability Committee (PAAC) at the April 17, 2024 meeting. DISCUSSION: The current uses of Flock ALPRs are summarized in the following section. Crime Prevention & Investigations - ALPRs: Flock ALPRs have helped detect stolen vehicles, locate suspects, and identify vehicles involved in criminal activities. Between January 1, 2024, and October 31, 2024, there were 21 arrests for possessing a stolen vehicle. The Flock ALPR cameras generated 114 alerts within the City and SRPD jurisdiction. Of these alerts, 22 led to police reports for crimes, including the recovery of stolen vehicles reported both locally and by outside agencies, the location of wanted felony vehicles, and suspects involved in crimes such as murder, grand Page 2 of 3 theft, burglary, and side-show participation, as well as the recovery of unoccupied stolen vehicles. Additionally, officers cited the use of ALPR data in 218 police reports. Officers use the ALPR database as a key investigative tool across a range of cases, as evidenced by the 218 reports filed to date in 2024. Examples of such inquiries include searching for vehicles associated with missing or at-risk individuals, tracking the last known location or direction of travel of reported stolen vehicles, attempting to locate suspect or victim vehicles, verifying or obtaining complete license plate information on suspect vehicles, and corroborating statements, among others. Transparency and Accountability: The Flock ALPR system requires an SRPD member to enter the reason why they are searching captured Flock data. Per SRPD Lexipol Policy 426, the ALPR shall only be used for law enforcement purposes. The SRPD does not permit the sharing of ALPR data gathered by the City or its contractors/subcontractors for federal immigration enforcement, pursuant to the California Values Act (Government Code §7282.5; Government Code §7284.2 et seq.)—these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). The SRPD also does not permit sharing ALPR data with law enforcement agencies outside of California. The potential use of UAVs by the SRPD and associated policy considerations are summarized in the following section. Crime Prevention & Investigations - Drones: Drones can assist in locating suspects, managing crowd control, and providing aerial surveillance during emergencies or disaster responses. The Campbell and Chula Vista Police Departments have utilized UAVs (drones) as part of their public safety efforts, improving efficiency and officer safety. In Chula Vista, the department pioneered the “Drone as First Responder” (DFR) program, deploying drones to incident scenes before officers arrive. This allows real-time situational awareness, helping officers assess risks and make informed decisions. Drones have been used for a wide range of purposes, including monitoring large public events, conducting search and rescue missions, and supporting tactical operations by providing aerial views of crime scenes or barricaded suspects. These initiatives have reduced response times and minimized the need for officer exposure to dangerous situations. Operational Efficiency: Drones enhance situational awareness, greatly reduce response times, and improve the safety of officers’ and public safety. They could be deployed quickly to assess hazardous situations, such as traffic accidents, fires, or active crime scenes, reducing the need to put officers in potentially dangerous situations. Drone Usage Policy: If the SRPD were to receive approval for UAV deployment, a policy that prioritizes the needs and safety of the community while ensuring full consideration of privacy and civil liberties concerns, including those raised by the American Civil Liberties Union (ACLU) should be developed and implemented. This policy would be designed to strike a balance between public safety and the protection of individual rights, reflecting a commitment to transparency, accountability, and responsible technology use. The ACLU has raised the following recommendations which would be in agreement with and be consistent with SRPDs UAV policy: • Usage Limits: A drone should be deployed by law enforcement only with a warrant, in an emergency, or when there are specific and articulable grounds to believe that the drone will collect evidence relating to a specific criminal act. • Data Retention: Images should be retained only when there is reasonable suspicion that they contain evidence of a crime or are relevant to an ongoing investigation or trial. • Policy: A Drone Usage Policy should be approved by the City Council, and the policies Page 3 of 3 should be clear, written, and open to the public. • Abuse Prevention and Accountability: Similar to the Flock open portal on our website, SRPD would aim to create a page on the use of UAVs. The SRPD will also report on every UAV deployment as directed by Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. (AB 481) • Weapons: Domestic drones should not be equipped with lethal or non-lethal weapons. The PAAC would play a role in recommending policies surrounding UAV (drone) usage that consider privacy and community interests. The SRPD will develop policies addressing data retention, access controls, and usage limitations to ensure drone technology is used appropriately and transparently. COMMUNITY OUTREACH: In 2022 and 2023, members of the SRPD attended multiple neighborhood meetings and community engagement events where SRPD staff were able to present and discuss the benefits of ALPR technology. The response from the outreach overwhelmingly supports the City adopting fixed ALPR camera technology. The Police Advisory and Accountability Committee also plays a pivotal role in addressing community concerns regarding UAV and ALPR use. Staff is very interested in the PAAC’s feedback and recommendations regarding the acquisition, deployment, and usage of UAVs and ALPR in San Rafael. FISCAL IMPACT: There is no fiscal impact associated with this report. Submitted by: Scott Eberle Lieutenant, San Rafael Police Department ATTACHMENTS: None Page 1 of 2 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT November 20, 2024 Item 2c TITLE: REVIEW OF THE POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE MEETING SCHEDULE FOR 2025 RECOMMENDATION: The Police Advisory and Accountability Committee (“Committee”) review, revise as necessary, and adopt the meeting schedule for 2025. BACKGROUND: According to Article 3, Section 3.1 of the Committee Bylaws, public meetings shall be held monthly. Monthly meetings shall be scheduled annually and the schedule for the upcoming year will be set by December of the previous year. DISCUSSION: City Staff has developed a draft meeting schedule for review and discussion, below. The Committee may elect to adopt the schedule as shown or choose to modify the dates, times, locations, or the schedule. Please note that staff has not proposed a June or December meeting as requested by the PAAC during the January 2024 meeting; however, the Committee could choose to meet. Date Time Location Wednesday, January 15, 2025 6:00 p.m. City Council Chambers Wednesday, February 19, 2025 6:00 p.m. City Council Chambers Wednesday, March 19, 2025 6:00 p.m. City Council Chambers Wednesday, April 16, 2025 6:00 p.m. City Council Chambers Wednesday, May 21, 2025 6:00 p.m. City Council Chambers Wednesday, July 16, 2025 6:00 p.m. City Council Chambers Wednesday, August 20, 2025 6:00 p.m. City Council Chambers Wednesday, September 17, 2025 6:00 p.m. City Council Chambers Wednesday, October 15, 2025 6:00 p.m. City Council Chambers Wednesday, November 19, 2025 6:00 p.m. City Council Chambers • Meetings are typically held on the third Wednesday of each month unless the meeting date conflicts with a holiday. • Meeting dates may be canceled due to lack of quorum or agenda items. • Additional ad-hoc meetings may be scheduled as need. Page 2 of 2 FISCAL IMPACT: None Submitted by: Teresa Olson Teresa Olson Senior Management Analyst II Page 1 of 3 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT November 20, 2024 Item 2d TITLE: POLICE ADVISORY AND ACCOUNTABILITY 2024 ANNUAL REPORT RECOMMENDATION: Receive and provide feedback on the report. BACKGROUND: On June 5, 2023, the San Rafael City Council approved Resolution No. 15225, which established the Police Advisory and Accountability Committee (PAAC). The Council tasked staff with collaborating with the Committee to develop its bylaws and define its goals and objectives, while also encouraging residents to apply for membership. The PAAC was created to foster trust between the community and the Police Department, enhancing both transparency and accountability. The Committee's main purpose is to provide insights that enhance public transparency and accountability within the San Rafael Police Department. It aims to increase community involvement in recommending policies, practices, and procedures related to policing, including community relations, hiring practices, and training standards. DISCUSSION: Pursuant to PAAC bylaws section 1.3, it shall be the function and duty of the Committee to: • Act as a sounding board for the Community, City Council, the City Manager, and the Police Department regarding community needs and concerns, as well as provide community feedback to proposed police programs and priorities. • Make recommendations to the City Council regarding police policy, procedures, hiring practices, training, and best practices. • Request data related to SRPD operations, which shall be presented and accessible during public meetings of the Committee to the extent permitted by law. • Conduct ongoing community outreach and engagement efforts with all communities. • Public reports detailing the engagement efforts and other work of the committee over the course of the year shall be produced annually at a Police Advisory and Accountability Committee and presented at a City Council meeting to inform the community of the work of the Committee. • In an effort to foster relationships that promote accountability, transparency, and effectiveness in its work, the Committee will prioritize effective communication and collaboration with SRPD. Page 2 of 3 • Advise the City Council, the City Manager, the Committee members, and the Police Department on matters associated with the following: 1. Improve the feeling of safety and security. 2. Increase cultural competencies, empathy, and customer service skills. 3. Build trust and improve relationships with the community. 4. Increase diversity of the police department workforce. 5. Improve transparency, communication, and accountability The 2024 Annual Report aligns with the PAAC bylaws and is included as Attachment 1. This report summarizes the PAAC's activities during its first year, detailing the workplans developed, training topics covered, presentations given, and recommendations made by the Committee. The committee's recommendations are fully documented in the 2024 Annual Report, which also includes an overview of the status and responses from SRPD staff. These recommendations will be formally submitted to the City Council in conjunction with the Annual Report in 2025. The table below provides a summary of the recommendations and corresponding responses. Date Topic PAAC Recommendation Status March 2024 AB 481 Military Equipment The City would benefit from a Drone (UAV) program. This recommendation is under consideration. March 2024 Recruitment and Selection Include Cultural Awareness training and provide statistics on internal recruitment efforts in the Recruitment and Selection Plan. SRPD will implement this recommendation. May 2024 Mental Health Alternative Response Secure additional funding for a second SAFE Team to expand coverage to 24 hours per day. SRPD will implement this recommendation. July 2024 Domestic Violence Response Establish reciprocity for recognizing restraining orders from countries outside of Canada. SRPD is unable to implement this recommendation. Page 3 of 3 August 2024 Use of Force Reinstate the Police K9 program. SRPD has implemented this recommendation. October 2024 Youth and Policing Support the reintegration of SRPD officers in schools. This recommendation is under consideration. October 2024 Youth and Policing Maintain ongoing updates. SRPD will implement this recommendation. October 2024 Homelessness Maintain ongoing updates. SRPD will implement this recommendation. FISCAL IMPACT: None Submitted by: Teresa Olson Teresa Olson Senior Management Analyst II ATTACHMENTS: 1. 2024 PAAC Annual Report 2024 ANNUAL REPORT Table of Contents EXECUTIVE SUMMARY ..................................................................................................................... 1 STRUCTURE .......................................................................................................................................... 1 COMMITTEE MEETINGS ................................................................................................................... 2 STAFFING UPDATES ........................................................................................................................ 3 COMMITTEE WORK .......................................................................................................................... 3 COMMITTEE WORK PLANS ...................................................................................................................... 3 PRESENTATIONS AND SPEAKERS ............................................................................................................. 5 COMMITTEE RECOMMENDATIONS ............................................................................................................. 6 TRAINING, DEVELOPMENT, AND CONFERENCES ........................................................................... 9 COMMITTEE INVOLVEMENT ............................................................................................................. 9 ACKNOWLEDGMENTS AND FUTURE GOALS ................................................................................ 11 1 Executive Summary The Police Advisory and Accountability Committee (PAAC) is pleased to present the first annual report for the City of San Rafael. Established on June 5, 2023, through the adoption of Resolution No. 15225 by the San Rafael City Council, the PAAC aims to foster trust, enhance transparency, and improve accountability within the San Rafael Police Department (SRPD). This inaugural report reflects our commitment to engaging the community in meaningful dialogue about policing practices and policies. It outlines activities over the past year, highlights key achievements, and emphasizes our ongoing efforts to ensure that community voices are integral to the decision-making process. The Committee recognizes the importance of collaboration between the Police Department and the community it serves. The work is rooted in the belief that transparent, accountable policing is vital for building public trust and ensuring a safe and equitable environment for all residents and businesses. This report provides an overview of our goals and objectives, a summary of initiatives and community engagement efforts, recommendations to the City Council, and a look ahead at the priorities we plan to pursue in the coming year. Structure Committee members must be residents of the City of San Rafael and pledge their commitment to impartiality, objectivity, and fairness. The PAAC aims to ensure that its membership is inclusive and representative of the community's diverse backgrounds. This includes but is not limited to considerations of race, ethnicity, age, gender identity, sexual orientation, economic status, and various communities of interest. To be eligible for membership, individuals must be at least 18 years old, except for one designated seat reserved for a youth member aged 17 to 26. Importantly, applicants are not required to possess specialized knowledge or skills to serve on the Committee. The current Committee comprises the following members: 2 Name Term Expiration Paula Kamena 10/2027 Darlin Ruiz 10/2027 Daryoush Davidi 10/2027 Mydung Nguyen 10/2027 Marilyn Alvarez 10/2025 Fatai Tokolahi 10/2025 Daniel Alm 10/2025 Salamah Locks (Alternate) 10/2027 Karla Valdez (Alternate) 10/2027 Committee Meetings The PAAC held its inaugural meeting on Wednesday, December 20, 2023. The PAAC meets on the third Wednesday of each month at 6 PM. The Committee did not meet in June or December. Regular Committee meetings are held in City Council chambers located at 1400 Fifth Ave, San Rafael, CA, 94901 and broadcast live online. Archived meeting videos and materials are also available online at the following URL: https://www.cityofsanrafael.org/paac-meetings/. The regular meetings convene the Committee to conduct business as a whole body and invite public comments in an open forum where ideas, concerns, and input are exchanged. Public feedback is highly encouraged and may also be submitted electronically in advance of the meeting. Post-meeting video recordings and meeting minutes are also made available on the Committee website for full transparency. The table below lists meeting dates and topics presented to the Committee from December 2023 to November 2024. 3 Staffing Updates In 2024, the City established a Senior Management Analyst position to support the PAAC. After conducting an open recruitment process, the position was successfully filled in July 2024. Committee Work During the December 2023 meeting, the Committee elected Paula Kamina as Chair and Fatai Tokolahi as Vice Chair. A new Chair and Vice Chair will be elected for 2025 during the November 20, 2024, meeting. The Committee co-created bylaws and finalized them at the January 17, 2024, meeting. The bylaws were presented to the City Council on February 5, 2024. Committee Work Plans In 2024, the Committee developed two distinct work plans: one covering the year's first four months and the other for the remainder of 2024. The first work plan was discussed at the January 17 meeting. In addition to the training topics recommended by the SRPD, the PAAC prioritized topics of community concern for future discussions. The work plan is a strategic framework guiding the Committee’s conversations and initiatives. It encompasses essential training and pivotal discussions aimed at formulating recommendations to enhance community relationships through increased transparency and improved practices within the Police Department. The first work plan identified four topics: Recruitment and Selection, Law Enforcement Training, Mental Health/Alternative Response, and SRPD Response to Homelessness. The work plan is designed to support the PAAC’s advisory role to the City Council regarding the SRPD's training, hiring practices, and accountability. The table below summarizes the initial four-month work plan. 4 Month Agenda Items February 1. Police Department Orientation, Structure, Policy & Command Staff Introduction. 2. Recruitment and Selection March 1. Peace Officer Procedural Bill of Rights 2. Professional Standards & Internal Affairs April 1. Military Equipment (AB 481 Overview) 2. Law Enforcement Training May 1. Use of Force 2. Mental Health and Alternative Response The second work plan introduced key topics for further examination, including the Use of Force, Domestic Violence, Youth and Policing, and Homelessness. The table below outlines the second work plan. Month Agenda Items July 1. Domestic Violence 2. 2023 Community Survey Data August 1. Use of Force September 1. Youth and Policing October 1. 2024 Complaint Data 2. Homelessness Although the Use of Force was part of the initial work plan, its presentation was delayed until August 2024 due to logistical and staffing challenges. Likewise, while Homelessness was identified in the initial work plan, it was addressed in collaboration with the SRPD and City staff during the October 2024 meeting. These work plans are essential frameworks for the Committee, guiding discussions and initiatives on pressing community issues related to policing. The PAAC is dedicated to engaging in these topics to promote transparency and strengthen community relations with the SRPD. 5 Presentations and Speakers The PAAC facilitated a series of presentations to deepen community engagement and understanding of policing practices. This lineup featured diverse speakers, including legal experts, police department officials, and community advocates, who addressed critical issues impacting public safety, policing practices, and accountability. Topics ranged from foundational knowledge of the Brown Act and the public meeting process to in-depth discussions on police recruitment, domestic violence response, and legislative changes affecting law enforcement. These presentations have provided an invaluable platform for fostering transparency and dialogue between the community and the San Rafael Police Department. Below is the complete schedule of topics and speakers for the year. Month Topic Presenter December 2023 An Introduction to the Brown Act Genevieve Coyle, Assistant City Attorney December 2023 An Introduction to the Public Meeting Process Lindsay Lara, City Clerk December 2023 History and Overview of the Police Advisory and Accountability Committee (PAAC) Francine Tournor, Director of the Office of Police Oversight for the City of Long Beach February 2024 Police Department Orientation, Structure, Policy & Command Staff Introductions David Spiller, Chief of Police February 2024 San Rafael Police Department Recruitment and Selection Ronda Cordero, Police Sergeant 6 Month Topic Presenter March 2024 Public Safety Officers Procedural Bill of Rights (POBAR) Mark Wilson, Attorney for Burke, Williams & Sorensen, LLP March 2024 San Rafael Police Department Internal Affairs Todd Berringer, Police Lieutenant April 2024 AB 481 Military Equipment Scott Eberle, Police Lieutenant May 2024 Mental Health Alternative Response Aziz Majid, SAFE Team Director July 2024 Domestic Violence Response Lorena Vega, Police Detective July 2024 Domestic Violence Luz Alvarado, Legal Systems Advocacy Program Director Center for Domestic Peace August 2024 Use of Force Robert Cleland, Police Sergeant September 2024 Youth and Policing Mike Mathis, Police Sergeant October 2024 Senate Bill 2 (SB2) Mark Wilson, Attorney for Burke, Williams & Sorensen, LLP October 2024 Homelessness Lynn Murphy, SRPD Mental Health Liaison & Mel Burnette, Homelessness and Housing Analyst November 2024 PAAC 2024 Annual Report SRPD Staff November 2024 Law Enforcement Technological Resources Justin Graham, Police Sergeant Committee Recommendations Throughout the year, the Committee developed several recommendations to present to the City Council in response to staff presentations and training sessions. The following is a summary of those recommendations. 7 • March 2024 – AB 481 Military Equipment - The City would benefit from a Drone (UAV) program. o Status: This recommendation is under consideration. o Explanation: SRPD will present on Technology and Policing during the November 2024 PAAC meeting. The staff report includes detailed information and costs associated with implementing a drone program. Funding for a drone program would require City Council approval. • March 2024 – Recruitment and Selection - Include Cultural Awareness training and provide statistics on internal recruitment efforts in the Recruitment and Selection Plan. o Status: SRPD will implement this recommendation. o Explanation: SRPD requires all employees to complete Diversity, Equity, Inclusion, and Belonging (DEIB) training, and the P.O.S.T. required cultural diversity training. SRPD will continue to track the recruitment of police officers as part of its Recruitment and Selection Plan. • May 2024 – Mental Health Alternative Response - Secure additional funding for a second SAFE Team to expand coverage to 24 hours per day. o Status: SRPD will implement this recommendation. o Explanation: The current SAFE program is funded as a three-year pilot program and provides coverage from 8 AM to 8 PM, seven days a week. SRPD is exploring additional funding options, such as grants to expand the program. Although we cannot guarantee we will secure funding for the SAFE team, it is SRPD’s goal and plan to identify and apply for grants to facilitate the recommendation. • July 2024 – Domestic Violence Response - Establish reciprocity for recognizing restraining orders from countries outside of Canada. o Status: SRPD is unable to implement this recommendation. 8 o Explanation: This recommendation would necessitate changes to state and/or federal legislation, along with agreements with other countries. Therefore, the City is unable to implement this recommendation at this time. • August 2024 – Use of Force - Reinstate the Police K9 program. o Status: SRPD has implemented this recommendation. o Explanation: SRPD has reimplemented the K9 program. A K9 officer was selected in July of 2024, and after completing several months of training, the officer and K9 “Tango” are currently assigned to patrol. • October 2024 – Youth and Policing - Support the reintegration of SRPD officers in schools. o Status: This recommendation is under consideration. o Explanation: SRPD is in discussions with the San Rafael City School (SRCS) District about potential options for future partnerships. Staff is also evaluating different models and will solicit feedback from the community as part of this effort. These groups will bring together key stakeholders, including youth representatives, schools and school district representatives, community members, and social service providers to seek their input. A partnership between SRPD and the SRCS District would likely require a formal agreement that would be subject to approval from both the City Council and SRCS Board of Education. • October 2024 – Youth and Policing - Maintain ongoing updates. o Status: SRPD will implement this recommendation. o Explanation: Staff will provide updates or schedule further discussions on this topic. • October 2024 – Homelessness - Maintain ongoing updates. o Status: SRPD will implement this recommendation. 9 o Explanation: Staff will provide updates or schedule further discussions on this topic. Training, Development, and Conferences The Committee received training on the following topics during their meetings in 2023-2024. • The Ralph M. Brown Act • Peace Officer Bill of Rights (POBAR) • Senate Bill 2 (SB2) • Unmanned Aerial Vehicle (UAV) Committee Involvement Oral Board Participation The SRPD has made significant strides in improving its hiring practices by including a member of the PAAC on the Oral Board Panel for Police Officer and Police Cadet recruitments. This change reflects the department's commitment to greater community involvement, transparency, and accountability in the selection of its officers. By inviting a PAAC member to participate, the department ensures that diverse perspectives are incorporated into the hiring process, fostering a stronger connection between the police force and the community it serves. The Oral Board process is a critical component of the initial hiring phase. Candidates undergo a structured interview in which a panel, now including a PAAC representative, assesses their qualifications, communication skills, problem-solving abilities, and suitability for the role of a police officer or cadet. This evaluation is designed to determine how well applicants align with the department’s values and its mission of community-oriented policing. The inclusion of a PAAC member enhances the objectivity and thoroughness of this process, ensuring that successful candidates not only possess 10 the necessary skills but also reflect the values of integrity, service, and community partnership. Ride Along Participation During the October meeting of the PAAC, members provided reports on their recent ride-along experiences with local police officers. Each member shared their observations, highlighting the professionalism, empathy, and kindness demonstrated by the officers throughout their interactions with the community. These reflections underscored the positive and respectful approach officers consistently employed, even in challenging situations. The Committee members expressed their appreciation for the officers' commitment to community engagement and their ability to foster trust and understanding during the ride-along. The positive feedback received from the PAAC reflects the San Rafael Police Department’s ongoing efforts to uphold high standards of service and strengthen its relationship with the community. Excerpts from committee members comments following their ride-along include: • “It was a very good experience. The officer explained the procedures and why they do the things they do. The officer was very empathic. Everyone should do this, not just a committee member.” • “Very interesting, …understanding their duties around San Rafael. I hope I can do it again.” • “Quite an experience. I learned a lot.” • “An amazing evening, …he is an asset to our community. We had a very engaged conversation.” • “He was excellent…I did witness an effort to be more of a rehabilitation versus punitive. All the other officers were also following that model.” • “So kind and helpful…very impressive…concerned about officer safety.” Community Events Throughout the year, committee members also engage in various community events, meetings, and discussions. Committee members share their outreach efforts 11 during the Commissioner Reports portion of each PAAC meeting. Below is a list of events attended in 2024. • Movies in the Park • King Tides Event • Age 90 and Better • Marin Powwow • Center for Domestic Peace Mother’s Day Event • Canal Alliance Leadership Academy • Vintage Car Show • Marin County Fair • California Commission on Aging 50th Year Celebration • Canal Community Fair • Porchfest • YWCA Meeting • Latinas in Power Meeting • National Night Out Acknowledgments and Future Goals This report highlights the Committee's accomplishments in developing comprehensive work plans and engaging training sessions, as well as the actionable recommendations that emerged from discussions. Each of these efforts aims to enhance community relations and ensure that policing practices reflect the values and needs of those we serve. The 2024 Annual Report reflects the dedicated efforts of the Police Advisory and Accountability Committee in fostering a stronger relationship between the San Rafael community and its Police Department. Through collaborative work, insightful training, and thoughtful recommendations, the PAAC has taken significant steps toward enhancing transparency and accountability. The Committee looks forward to continuing this vital 12 work in the coming year and appreciates the community’s ongoing support and engagement. The PAAC is committed to strengthening the foundation of trust and engagement and invites the community to continue participating in this crucial dialogue and to support our shared vision for a safer, more inclusive San Rafael. Together, we can pave the way for meaningful change and ensure that our Police Department remains a true reflection of the community it serves. Thank you for your ongoing support and partnership in this essential work. The Committee will create its 2025 work plan during a workshop to be held in January 2025. Page 1 of 2 POLICE ADVISORY AND ACCOUNTABILITY COMMITTEE AGENDA REPORT November 20, 2024 Item 2e TITLE: CHAIR AND VICE CHAIR ELECTIONS RECOMMENDATION: That the Police Advisory and Accountability Committee (“Committee”) nominate and appoint a Chair and Vice Chair for the period January 2025 – December 2025. BACKGROUND: According to the City of San Rafael’s Rules and Procedures for Boards, Commissions and Committees (BCCs) (English / Spanish), this Committee is responsible for appointing one (1) representative as Board Chair, and one (1) representative as Vice-Chair. The role of the Chair is to facilitate meetings per the posted agendas, ensure that the public and Trustees are provided appropriate time to comment and maintain decorum throughout the meeting. The role of the Vice Chair is to perform the above duties in the absence of the Chair. DISCUSSION: As defined in Rules and Procedures (English / Spanish), the election shall be by majority vote; the term of service shall be 1 year, beginning in January. The appointments of the respective Chair and Vice-Chair offices are to be rotated among the Committee based on tenure. In the case of identical term limits, tenure shall be determined by alphabetical order of last name. The Rules and Procedures (English / Spanish) also note that in the event the current Chair or Vice-Chair has served less than one year, the Board may choose to re-elect them for an additional term. Additionally, if there is limited tenure among the other Committee members, then a Committee member may be appointed as an officer more than once in the number of years there are members. The Chair and Vice Chair shall serve a term of one (1) year, but not more than two (2) consecutive terms. However, if there is a vacancy, the Committee has the authority to extend the current representative’s term at their discretion. The Committee Chair and Vice Chair have distinct responsibilities from those of other Committee Members and must be appointed. The duties of the Chair include: 1. Ensure that consideration of items on the agenda move along without delay. 2. Ensure that petitioners, proponents, and opponents are heard. 3. Ensure that decorum is maintained at the meeting. 4. In presiding over agendized matters where the public has provided testimony and/or raised questions, the Chair should do the following: a. Direct questions or comments requiring a response to staff for a response. b. If necessary, help keep Commissioners’ questions relevant to the matter Page 2 of 2 being considered by the BCC. c. If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted. 5. Announce the decision of the BCC on all subjects. 6. Ensure that each member of the BCC is provided an opportunity to completely express their views on items of business, the Chair should see that each Commissioner has been recognized by the Chair and given the opportunity to provide feedback. 7. Correspond to the City Council on behalf of the BCC, provided that opinions expressed on behalf of the BCC or City government are consistent with the consensus of the BCC. In the absence of the Chair, a Vice-Chair shall possess all powers of the Chair and be subject to all prescribed duties for that position during the meeting. Nomination of Committee Members to serve as Chair and Vice-Chair for the coming year can be made by any of the current Committee Members in attendance at the meeting when nominations are made. FISCAL IMPACT: None Submitted by: Teresa Olson Senior Management Analyst II