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From everyone to the closed session portion of the City Council meeting, I'm calling this meeting to order. The time is now 5:30 00:00:00
PM. 00:00:03
Madam Clerk, can you please take roll? 00:00:07
Council Member Gamma here, Council Member Hernandez here, Council Member McQueen, Lujan here, Mayor Pro Tem Perez and Mayor 00:00:09
Martinez, President. 00:00:12
We will now hear public comments soon. Participants, please use the Raise Your Hand featured you'd like to comment. You will have 00:00:17
3 minutes to provide comments. Madam Clerk, does anyone have a public comment tonight? No public comments for closed session. 00:00:23
Mr. City Attorney, can you please read the closed session items into the record? 00:00:30
Absolutely, Mayor Martinez. There is one item of business on closed session for tonight. It's conference with real property 00:00:33
negotiators pursuant to Government Code Section 54956.8. 00:00:38
The property in question is 100 Panoma St. bearing APN listed in the agenda. The agency negotiators are listed in the agenda and 00:00:43
under negotiation is price and terms of payment. 00:00:47
Do any council members have any conflicts other than myself to disclose for the listed closed session agenda item? 00:00:53
OK. 00:01:00
I live like right across from the property, so. 00:01:00
I'm going to recuse myself from closed session. I'm going to wish you all good luck. 00:01:03
Uh. 00:01:08
Council will recess to closed session. The time is now 5:31 PM. 00:01:10
We'll be back at 6:30. 00:01:16
Welcome everyone to the regular City Council meeting. I'm calling this meeting to order. The time is now. 01:03:47
6:33 PM Can everyone please stand and join us? 01:03:53
For the flag salute. 01:03:57
Ready. Begin. 01:04:03
Pleased to meet. 01:04:05
To the flag. 01:04:06
Of the United States of America. 01:04:07
And to the Republic for distance. 01:04:09
One nation under God. 01:04:12
Indivisible. 01:04:14
With liberty and justice for all. 01:04:15
Madam Clerk, can you please take roll? 01:04:24
Council member Gamma Council member Hernandez. 01:04:27
Here Council Member McQueen Lejean, Mayor Pro Tem Perez and Mayor Martinez. 01:04:31
Present. 01:04:36
Thank you, Georgiana. 01:04:38
Tonight's inspiration is going to be given. 01:04:40
By myself. I'm going to keep it nice and short because I think we're gonna have a long meeting tonight. 01:04:42
But I just want to mention that. 01:04:46
One of my goals coming into. 01:04:48
This position as a representative of the city was to improve relationships. 01:04:52
All all around and I think we've we've gone a long way with. 01:04:57
The port of Wanami. 01:05:03
I really feel like we're friends now. 01:05:05
Our relationship and our partnership has increased, increased a lot. 01:05:07
And even just recently on our DC trip when we went out. 01:05:12
We were able to learn a lot about each other and understand each other a little bit better and and that helped us a lot and. 01:05:17
The Banana Festival, which is this weekend and it was a really wonderful event. I saw the council out and a lot of community 01:05:23
support and it's something that they do for our community and it's something to be thankful for. 01:05:28
O for our inspiration is just continuing partnerships. 01:05:34
Even whether it's neighbors or family members or friends, like continue to build friendships and and bonds with one another 01:05:38
because at the end of the day, that's. 01:05:42
All there is is people here in this world. 01:05:47
We have to work with people. 01:05:49
Closed session report Mr. City Attorney, can you please provide the closed session? 01:05:52
Report. 01:05:57
Thank you, Mayor Martinez. There was no reportable action taken in closed session tonight. 01:05:58
OK, we will now hear public comments not pertaining to any items on the agenda soon. Participants, can you please raise the hand? 01:06:01
Use the Raise Your Hand feature if you'd like to comment. Comments are limited to 3 minutes. 01:06:07
This process will be the same for comments pertaining to each agenda item. Madam Clerk, do we have any public comment tonight? 01:06:12
We have a public comment for Timothy. 01:06:18
Good evening, Mayor Martinez, Mayor, Pro Temps, Council Members, City Manager, Vega, City Staff. It's nice to see everyone. I'd 01:06:29
like to thank the City Manager and the City Council for the much needed improvement to the libraries parking lot that's already 01:06:35
underway. We've had a few positive comments from the community already and we're looking forward to continuing to serve the 01:06:40
community, especially during the upcoming election season. 01:06:45
To recap the summer reading program at the library. 01:06:52
Which ended on August 4th. We had 980 people attend 30 programs over the course of eight weeks. 01:06:55
These programs were sponsored by our Friends of the Library, who will be hosting their annual High Tea on Sunday, October 15th. 01:07:02
It's the largest fundraiser for the library throughout the course of the year. We're looking forward to seeing some of you in 01:07:10
attendance there. 01:07:14
And to recap, some of the upcoming programs that the library is going to be offering will be providing a first time home buyers 01:07:18
program in partnership with the Ventura County Community Development Corporation on Saturday, October 14th. 01:07:25
From 9:00 AM to 3:00 PM. 01:07:31
Advance registration is required. 01:07:34
The library will also be hosting a Children's Halloween Carnival on October 31st beginning at 10:30 AM. 01:07:36
That's all I have for you tonight. Thank you in advance for your time, your service, and your commitment to providing the city of 01:07:44
Wanami with a world class library. Thank you. 01:07:47
Thank you, Mr. Tim Frugal. That's the best librarian in all of California, everyone. 01:07:52
Umm. 01:07:59
Moving on to agenda approval for City Council meeting, may I have a motion to 2nd to approve the agenda? 01:08:00
Move to approve. 01:08:06
2nd. 01:08:08
Madam Clerk, can you please take a vote? 01:08:10
All in favor. 01:08:13
Aye, all opposed. 01:08:14
Hearing none motion motion passes unanimously. 01:08:16
A conflict of interest declaration. Do any members of? 01:08:20
Council have any conflicts of interest to disclose for anyone item? 01:08:23
I guess I'll mention for item number 13 one of the recommendations, there's three parts. One of those is regarding my state 01:08:31
travel. 01:08:36
UM and pay and reimbursement for substitute teacher costs. 01:08:41
So I'm going to recuse myself for that one particular recommendation. 01:08:48
On. 01:08:52
Item number 13 on the agenda. 01:08:53
OK. 01:08:59
We will now recess. 01:09:01
The City Council regular meeting and call to order. 01:09:03
The Housing Authority regular meeting. I know it's kind of strange we do it this way, but the time is now 639 PM. 01:09:06
And we will now take roll call for the Portland Amy Housing Authority. 01:09:16
Meeting Madam Clerk, can you please take role? 01:09:20
Member Brown. 01:09:23
Member Gamma. 01:09:24
Here Member Hernandez, Member McQueen Lejean, Vice Chair Perez. 01:09:27
And Chair Martinez. 01:09:32
Present Let the record reflect that that member Blackwell is absent. 01:09:34
We went out here public comments pertaining to items not on the housing. 01:09:39
I. 01:09:43
I mean pertaining to. 01:09:45
Not the Housing Authority agenda, just regular ones, assume participants, please use the Raise Your Hand feature should you wish 01:09:49
to comment. 01:09:52
Madam Clerk, are there any public comments? 01:09:56
No public comments. 01:09:59
OK. We will now consider items on the Housing Authority consent calendar, which will be enacted in one motion unless authority 01:10:01
members. 01:10:04
As I have a request to remove an item for discussion. 01:10:08
May I have a motion in a second to approve the consent calendar moved? 01:10:11
2nd. 01:10:15
OK, Madam Clerk, can you please take a vote? 01:10:17
All in favor. 01:10:20
Aye. 01:10:21
All opposed. 01:10:22
Hearing none motion passes unanimously. 01:10:24
All right. So we do have one Housing Authority business item. It's item number three, HUD action plan for late submission 01:10:27
financial statements. Will staff please present the report? 01:10:32
Yes, thank you, Mayor. 01:10:38
I have just a brief staff report the item. 01:10:40
On the agendas the HUD Action Plan for Late submission of Financial statements. 01:10:44
In short, the city's Housing Authority recently received a letter from the Department of Housing and Urban Development. 01:10:50
Earlier this month that stated that the Housing Authority had failed to submit its financial statements by the March 31st, 2020 01:10:56
third deadline. 01:10:59
The City had submitted our financial statements five days later than that, on April 5th, 2023. 01:11:04
We were informed that the HUD process is essentially simply pass or fail you either. 01:11:12
Submit by the deadline or you fail. 01:11:17
And so the Cities Housing Authority received a failed this year due to the five day delay in submittal. Upon receipt of the 01:11:20
letter, we met with our housing and finance teams and and city managers team to review that process and review. 01:11:27
The letter and and what occurred and so we wanted to put this item on the agenda to a explain that and then also explain our 01:11:35
action plan that we are going to submit to HUD to correct the issue. 01:11:42
And to assure them that the item will be corrected this coming year. 01:11:50
So in summary, the delay was caused by a couple of issues. 01:11:55
First, the city's audit firm had staffing challenges which led to delays in completion of the audit. 01:11:59
This is was not a typical last year, just like a lot of small businesses and other. 01:12:05
Agencies are auditors who are contractors. 01:12:12
Had staffing challenges due to turnover and and COVID related. 01:12:16
Issues. 01:12:20
So our audit process itself. 01:12:21
Was a challenge this year and there were delays in that process. That was one of the key primary causes. Second, the receipt of 01:12:25
the American Rescue Plan Act funds caused additional audit requirements and. 01:12:31
I've mentioned that before that each when cities received the ARPA funds. 01:12:38
There was initially a celebration and then a moment of realizing all the additional work and requirement that requirements that 01:12:43
came with those funds. 01:12:47
And so there was a specific housing schedule that was required because. 01:12:51
Housing and City both were required to file this schedule. 01:12:58
Due to the. 01:13:02
Receiving the ARPA funds. 01:13:03
And that was an issue that we were, our staff was unfamiliar with. It was something that hadn't occurred recently. It hadn't 01:13:06
occurred with our current staffing. 01:13:10
And so there was a delay in the process due to that issue as well. 01:13:14
And as mentioned before, this led to the audit being submitted April 1st, April 5th. 01:13:18
It was completed a couple days prior to that and actually on March 31st, but then it has to go through a process and it wasn't 01:13:26
submitted until April 5th. 01:13:31
So we took a look at this we we sort of were able to determine what happened and. 01:13:35
And. 01:13:42
What occurred so that we could make a plan to not have it happen again and so as part of the recovery plan or the action plan that 01:13:42
we are submitting to HUD. 01:13:46
We we state. 01:13:51
The following we We state some recommendations, including. 01:13:55
Umm. 01:13:59
That uh. 01:14:00
But some that we've already begun to implement. 01:14:02
As an example, one of the recommendations was to select new auditors. We had a contract that would have allowed us to keep our 01:14:04
prior auditors and additional term. 01:14:09
We declined that and we have selected new auditors. 01:14:14
As we selected those auditors, we also required a commitment that. 01:14:17
They would complete items on certain dates in advance of the deadlines to avoid another situation where we get items on the date 01:14:20
it's due. 01:14:25
And then to ensure that we remain on track to correct the issue, we're also committing to provide a report back to the Housing 01:14:30
Board. 01:14:33
In advance in December. 01:14:37
To commit, to show that we are meeting the requirements and that we are working in advance of the deadlines, and so that is also 01:14:40
included in the action plan. 01:14:45
And we've already scheduled work to begin with the auditors next week on October 9th to try to get ahead of the timelines. And so 01:14:51
the complete list of actions that we are taking are in the letter that's included as an attachment. 01:14:58
With that, staff is recommending that the Housing Board approve the action plan. 01:15:06
At which time I will sign the letter and submit it to HUD confirming that we will implement those actions. 01:15:11
So that with that I will turn it back over to to you Chair. 01:15:17
May I ask what? Yeah, well, this is the time. Does anyone have any questions? Anyone on council? 01:15:22
So will the audit firm come back to us or is that already done? 01:15:27
The prior audit firm or the new audit? The new audit firm. So I believe the new audit firm was already. 01:15:32
Approved by a council, but I'm going to look to look because I think might have been right before I. 01:15:40
Alright, but I believe the new contracts already been approved by council, yes. Good evening. 01:15:45
The new audit firm was approved by council. We did an RFP and went through the selection process and we selected a a firm that has 01:15:50
a lot of experience with smaller cities such as Portrayed me. They've already come and done a lot of the preliminary work, so 01:15:56
they've already tested a lot of the internal controls. 01:16:02
And they're coming back next week to do the field work, the last of the field work. 01:16:08
And they will be coming back as the other audit firm came to present the audited financials. 01:16:13
And we're looking at having those completed even for the city sooner than the last time. So they will be coming back on probably 01:16:19
sometime in January. 01:16:24
To present the financials to council. 01:16:29
Just don't see. 01:16:33
Ohh OK. 01:16:35
We can add their name to the action plan. It's one of those long names Lupe's loss. 01:16:37
Hartman and. 01:16:43
Levy, Levy and Hard Time. 01:16:45
Yes. 01:16:47
So we could add that to the action plan then the names of the new auditors. Did she say hard times? 01:16:48
Art SIM. 01:16:56
It is hard times, but I know it's hard. 01:16:59
All the time. 01:17:02
Member Brown, did you have a question? 01:17:05
Cover. 01:17:09
OK. 01:17:10
Yeah, just one question and it just came to me right now. Was there anything in the RFP or the contract? 01:17:13
That required the UH. 01:17:20
The contracting firm to. 01:17:23
Submit before 31 March. 01:17:25
So it wasn't specifically called out and. 01:17:27
Part of this is. 01:17:31
We we knew there was a problem. Maybe this is a way to explain it. Like we knew there was a problem. We knew that we weren't 01:17:33
getting the data when we expected to get it when we were asking for it. 01:17:39
So we knew there was a problem back around, you know, February, March, April. 01:17:45
We finished out the audit and then we had the option of either. 01:17:50
Having the same auditors continue, or coming back to council and saying we need new auditors. 01:17:54
And so we sort of. 01:17:59
Have done that and so now it kind of you know now it's four months later, five months later are actually. 01:18:01
I guess that's what, seven months later? 01:18:08
We get the HUD letter saying there was a problem back then. We've already taken steps to try to address it. We already knew there 01:18:10
was a problem. 01:18:13
And so. 01:18:17
Our plan is trying to. 01:18:19
Our action plan is saying we've already taken these steps and we're and and et cetera. 01:18:21
But we. 01:18:27
This issue since we weren't aware of the specific deadline when we did the RFP for the new auditors, we didn't have a specific 01:18:28
requirement related to this deadline in there. So it's going to be us working with them and it's going to be incumbent on. 01:18:34
Me, Lupe Gabby, to our finance directors and housing directors. 01:18:41
To hold them accountable and I think we're doing that. We've already had a couple of meetings after this letter saying this. This 01:18:46
is why we were trying to be more proactive and I think they're being responsive to that. So we're going to require that, but it's 01:18:51
not specifically in the RFP. 01:18:56
Great. That would have been my next question about accountability. Thank you. Thank you. 01:19:01
Vice Chair, Press. 01:19:07
Yes. Was there a penalty for the fact that we were, we failed. 01:19:08
It's not a penalty at this time. It's essentially a don't let it happen again and then we've committed to not let it happen, OK? 01:19:14
Thank you. 01:19:22
OK. 01:19:24
Are there any public comments regarding this item? 01:19:26
There are no public comments. 01:19:30
The recommendation is to authorize staff to submit the attached letter action plan to the US Department of Housing and Urban 01:19:32
Development. 01:19:35
May I have a motion and a second? 01:19:39
Move to submit the action plan. 01:19:41
After we approve it. 01:19:44
2nd. 01:19:46
OK. 01:19:49
Is there any discussion that you'd like to take place? 01:19:50
OK, Madam Clerk, can we please take a vote? 01:19:55
All in favor, aye. 01:19:57
All opposed. 01:19:59
Hearing none motion passes. 01:20:01
With Blackwell absent. 01:20:04
OK, Authority member reports comments and requests for future agenda items. 01:20:06
I'll start with Johnny Brown. 01:20:11
No. 01:20:14
At this time, I have no comment right now, you know. 01:20:15
It's running like it always does. 01:20:20
OK. 01:20:22
Inside. 01:20:23
That's good. 01:20:24
Alright, thank you. Is anyone else? 01:20:26
Just want to. 01:20:29
Give thanks to A Public Works. 01:20:30
It's been 5 long years trying to get a sidewalk over there and we finally got a sidewalk and I think it. 01:20:33
It's safety and it looks good and I think, I think the members of Mar Vista greatly appreciate it, so thank you Public. 01:20:38
Thank you Council for. 01:20:48
Alright, so the Port Wine EMY Housing Authority will adjourn to its next regular meeting scheduled for November 6/20/23 at 6:30 01:20:52
PM. 01:20:56
And the City Council meeting will now reconvene. 01:21:00
The time is now. 01:21:03
6:51 PM. 01:21:05
And we have a presentation and a cappuccino 20th anniversary proclamation. 01:21:08
And just so you know, I don't know this has ever happened. 01:21:14
But. 01:21:17
There's a. 01:21:19
Fight between Who was gonna read the proclamation? I I wanted to read it myself, too, but I think we're going to let Council 01:21:21
Member Gamma read it. 01:21:24
First of all, Mayor Martinez talked about relationships earlier and how inspirational relationships can be in the community. 01:21:33
And the relationships down at Anna Cappuccino are. 01:21:40
Though inspirational and it's a place where people gather every morning. I go there every morning. 01:21:44
And my life would not be complete if I don't get my coffee at Anna Cappuccino. 01:21:48
My boss says, you know, we have free coffee here. Gone. I'm like, I know, but I got this relationship thing that's really positive 01:21:53
and I'm going to continue to build on that, so. 01:21:57
To my friends at Anna Cappuccino. 01:22:02
Whereas on October 3rd, 2003, Anna Cappuccino opened their doors in the city of Port Wanami. 01:22:06
And has been serving the community for the past 20 years and whereas Anna Cappuccino is a family owned business by daughter. 01:22:12
Jessica Lamb and mother partner Lucille Lamour. 01:22:19
Which is located at 289 E Winema Rd. Port Wanami, California 93041 and whereas Anna Cappuccino is open daily serving breakfast and 01:22:22
lunch where you can enjoy delicious coffee, smoothies, sandwiches, oatmeal, pastries, salads, wraps and more. 01:22:30
And whereas at a cappuccino has become a true gem for the city of Port Winema, local favorite. 01:22:39
And whereas Mayor Martinez is going to put it. 01:22:46
Alright, let's see where you left off. 01:22:51
Three up in the bottom. 01:22:53
Whereas Anna Cappuccino supports the small business community and provides a space where local artists and entrepreneurs can 01:22:55
display their artwork, crafts and items for purchase. 01:23:00
And whereas Anna Cappuccino is delighted. 01:23:05
And dedicated to the community. 01:23:08
They serve and is deeply involved. 01:23:10
Supporting many events including Port Winema's monthly senior social. 01:23:12
The City of Port Wines Health Fair, the Beach Cleanup, the Junior Lifeguard Program and other events such as the first ever 01:23:17
Winning Me Fun Run. 01:23:20
Now, therefore, be it Proclaim that the City Council, the City of Portland Amy does hereby recognize and a cappuccino for their 01:23:25
contributions and dedicated service to the City of Port Wanami over the past 20 years. 01:23:32
And join in the celebration of their 20th anniversary, offering congratulations and continued continued success in the future. 01:23:38
Proclaim this second day of October 2023. 01:23:43
And I would like to welcome you to the front if you'd like to say some words either Jessica or Brian or. 01:23:55
Yeah, Jessica's always stepped up when I asked her to support Winema High School and other things, and I forgot to mention that, 01:24:03
but thank you for that. 01:24:06
You make want to thank everybody for this. I did not expect that, but thank you very much for everybody's support and. 01:24:10
Not very good at public speaking here, only at the store. 01:24:19
But thank you very much. 01:24:22
Thank you, Jessica. 01:24:24
And then real quick, if, if you can hold on, maybe just sit down for a bit because rich, old Rich Rollins wants to say a couple 01:24:26
words. 01:24:29
Did you did you want to do a plug for your? Don't you have an event coming up? Did you want to plug that? 01:24:33
October 15 I know the same day as the T. 01:24:39
Which I can't make it. I'm sorry. We're going to have a raffles, We're going to have a DJ. We're going to have live music. 01:24:43
Different things throughout the whole day from 8:00 to 5:00. 01:24:51
So I hope everybody makes it. We'll have little treats and stuff like that, so it'll be fun. 01:24:54
Thank you. 01:25:00
Planning to have coffee for breakfast and tea at lunch? Tea at noon, right? Sounds like a good day. 01:25:01
Thank you. 01:25:07
So let's see how we're going to do this because. 01:25:08
I do want us to take a photo. 01:25:10
But then I also hear that. 01:25:12
There's comments and then there's. 01:25:14
Former Mayor Rich Rollins wants to say something, too, So how about we start off with? 01:25:16
Council and then we'll go with Rich Rollins and then we'll we'll take the photo. 01:25:22
So we'll start with. 01:25:27
Martha McQueen. 01:25:29
Yes, just want to congratulate. You haven't spent much time at Anna Cappuccino, but I think we've had a couple of conversations. 01:25:31
Over at the senior exercise and the after having coffee and danishes and different things, just really love the way that you show 01:25:39
up for the community and just thank you for that. 01:25:45
Yes, congratulations on your 1st 20 years. 01:25:54
Maybe we'll see you in 20 more years. 01:25:58
It's just been a pleasure knowing you and your family and watching your kids grow up. I think I just sent you a picture of the 01:26:01
other day of Isabella like 7 years ago. I think she was half the size she is right now. 01:26:06
She's growing fast, so congratulations to everybody at Anna Cappuccino. I love you guys, I love your service and I love to. 01:26:11
To get my day going by stopping by at what? 01:26:18
536 getting a cup of coffee. 01:26:21
Thank you. 01:26:24
Congratulations, Jessica, and to your family for 20 years in Fort Wayne, Amy. 01:26:26
You know one thing that the proclamation didn't include? It didn't mention the amount of contributions that you've made to the 01:26:32
city of Port Wanami. You're a member of the Friends of the Library. You're a member of the Sister City program. We hosted one of 01:26:37
our. 01:26:42
Meals at Anna Cappuccino. You did such a nice job hosting us and had the tables outside with the umbrellas. 01:26:48
And you, you've helped us out with our coastal cleanups in the past and bringing coffee and. 01:26:54
And pastries for the workers I just. 01:26:59
You're always showing up for us and I just want to say thank you on behalf of the community and and we hope that you. 01:27:02
Enjoy another 20 years. 01:27:09
Yes, thank you, Jessica. You are a very important part of my personal life. As you recall dating my husband when he'd get off 01:27:13
shift and I was going to work. That's where we met for literally a year every single day, Had breakfast right before he went to 01:27:19
bed, and I did what I had to do. So you want you got to watch that first year of our relationship grow. 01:27:25
So thank you for what you contribute to the community and justice for your personality. You're a great person and we are a benefit 01:27:32
to have you here. 01:27:36
Reading the proclamation and talking about how you've supported local artists and entrepreneurs that. 01:27:43
I can't stress enough how how true that is because I I feel. 01:27:48
I'm an entrepreneur and you've helped me out and and every time I look at the art, when I tell myself one of these days I'm I 01:27:53
wanna I want one of my art pieces over there for sale too. 01:27:57
So one of these days it's going to be up there. 01:28:02
Just want to say thank you and congratulations 20 years. 01:28:06
And then I I think this is a good time to bring up former Mayor Rollins. 01:28:10
You can see that I'm well dressed. 01:28:20
And part of me being well dressed is. 01:28:22
Recently, the city has gotten into developing the greenways. 01:28:25
Well. 01:28:30
Just a little note, Anna Cappuccino has been involved in that for a number of years. 01:28:31
They have coffee grounds. 01:28:36
And they've been donating them to the community to help make their gardens grow well. So that's kind of a neat thing. 01:28:38
I moved here 1516 years ago. 01:28:45
Didn't know very much about the city of Port Wanami, but I got to learn about it very, very quickly through my participation 01:28:48
coming down for my daily coffees. 01:28:53
At Anna Cappuccino. 01:28:58
The whole family is very much. 01:29:02
Involved in the community I gotta give. 01:29:04
Tribute to the whole family because they're the. 01:29:08
The kids are some of the nicest behaved kids that I have ever seen, even when they're younger. So that's a that's a. 01:29:10
A tribute to their parents. 01:29:18
Um. 01:29:20
It was mentioned earlier that they we have a. 01:29:21
An exercise program that meets three days a week and once a month they come down and provide coffee provides a great opportunity 01:29:26
not for the seniors just to eat, but to get to meet each other, talk to each other. 01:29:32
As you become a senior, the socialization becomes very, very important. 01:29:40
And they and they have contributed towards that. 01:29:45
Uh. 01:29:48
Let's see, what else do I have to say? 01:29:51
I I I would like our city, as we move forward with our business plan to promote small businesses like this, because small 01:29:54
businesses really become the fabric of our community. 01:30:00
Become kind of their they. They get involved in our community and those are the things that we want to see. 01:30:05
In our community, so that's all I had to say. 01:30:12
At this time, I'd like to call up Jessica again for a photo. And then I think. 01:30:18
The entire council might also want to be part of the photo, so I think. 01:30:22
Yeah, yeah. And her entire family, of course. 01:30:26
Make sure it's in HD. 01:30:36
Take the picture. 01:30:53
Somebody. 01:30:56
Ohh, go ahead. 01:31:03
How many people? 01:31:10
Can't get it wrong if you do too many. 01:31:12
We're sneaking. About. 01:31:18
It's got to be approved. 01:31:22
By the boss. 01:31:25
OK. 01:31:26
All right. We now have two more presentations and I'd like to hand it over to the Commander Albertson for our next two 01:31:49
presentations. 01:31:53
Breast Cancer Awareness Month Proclamation and Domestic Violence Awareness Month Proclamation. 01:31:56
Good evening, Mayor, Mayor Pro Tem, members of City Council, members of staff and members of the public. 01:32:04
What I have before you tonight are two proclamations just like the mayor mentioned. First one is Breast Cancer Awareness Month 01:32:10
2023. 01:32:13
And the second one is Domestic Violence Awareness Month 2023. 01:32:18
Whereas considerable progress has been made in the fight against breast cancer. 01:32:23
It still remains the most frequently diagnosed type of non skin cancer and the second leading cause of cancer deaths among women 01:32:27
in our country and whereas. 01:32:31
This year alone, over 250,000 Americans will be diagnosed in Nearly 44,000 lives will be lost and. 01:32:36
Whereas. 01:32:43
Knowing that many contribute to breast cancer. 01:32:44
Excuse me, Knowing what may contribute to breast cancer is an important part of its prevention. 01:32:47
Risk factors for breast cancer include family and personal history, radiation therapy to the chest for previous cancers, obesity 01:32:52
and certain genetic changes and. 01:32:57
Whereas. 01:33:02
Getting regular screenings may help lower the chances of developing breast cancer in women, and men are encouraged to talk with 01:33:03
their health care provider about their risks and what they can do to mitigate them and. 01:33:08
Whereas thanks to earlier detection and better treatments, mortality rates for breast cancer have steadily decreased in the last 01:33:13
decade. And whereas. 01:33:17
During National Breast Cancer Awareness Month, we stand with our mothers, daughters, sisters and friends, and we recognize all who 01:33:22
have joined their loved ones in fighting their battle, as well as the advocates, researchers, and healthcare providers who care. 01:33:29
And hard and work hard. 01:33:36
Giving gives hopes to those living with breast cancer and. 01:33:38
Whereas. 01:33:42
By educating ourselves and supporting innovative research. 01:33:42
We will improve the quality of life for all Americans affected by breast cancer and one day defeat this terrible disease and 01:33:46
whereas the Port Wanami Police Department will be wearing pink patches on their uniforms. 01:33:52
Signifying their commitment to raise awareness to help support all those affected by breast cancer. 01:33:58
Now therefore, be proclaimed that the City Council of Port Wanami hereby recognizes October 2023. 01:34:03
As Breast Cancer Awareness Month in the city of Portland, Miami. 01:34:10
And encourages the community to help raise and support in the fight against breast cancer. 01:34:13
Proclaim the second day of October 2023. 01:34:17
So the next one I have is Domestic Violence Awareness Month. Excuse me, I'm getting over a sinus infection. I was out of the 01:34:24
office all last week with it. 01:34:27
Whereas October is designated as Domestic Violence Awareness Month and whereas domestic violence is a crime which affects all 01:34:31
races. 01:34:35
Cultures and social demographics and. 01:34:39
Whereas domestic violence has a profound impact on families and the community. 01:34:42
And whereas children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national 01:34:48
average. 01:34:51
And whereas only a coordinated Community effort will put a stop to this atrocious crime and. 01:34:55
Whereas Domestic Violence Awareness Month provides an excellent opportunity for residents to learn more about preventing domestic 01:35:01
violence and show support for the numerous organizations and individuals who provide critical advocacy services and assistance to 01:35:06
victims. 01:35:11
And whereas a Port, Wine, EMY Police Department, City of Port Wine, EMY and community based organizations are in a position to 01:35:16
provide education, information and services to assist victims in the understanding that they have the right to be safe. 01:35:22
Feel safe and live free from violence at home and in the workplace and. 01:35:29
Whereas we must all continue to help and advocate for victims and the criminal justice system and law enforcement must continue to 01:35:34
hold offenders accountable. 01:35:38
And whereas we will continue our efforts to end the violence in our homes, schools and communities. 01:35:42
Now therefore, be it proclaimed that the City Council of Port Wanami hereby recognizes October 2023 as Domestic Violence Awareness 01:35:48
Month in the City of Port Wanami. 01:35:53
And encourages the community to participate in programs and outreach efforts aimed at towards educating and supporting those who 01:35:58
are victims of domestic violence. 01:36:02
Proclaim the second day of October 2023. Thank you. 01:36:06
Thank you, Commander Albertson. 01:36:11
Would anybody like to say anything? 01:36:12
I'll just. 01:36:17
Congratulate the Police Department for supporting those two very important initiatives and all the fundraising work. 01:36:19
That you do to support the costs. 01:36:25
Thank you. 01:36:27
I also wanted to say thank you, Commander, for. 01:36:28
Bringing up these two proclamations for us, you know, my mom has had breast cancer. She's going on 97 and if it hadn't been for 01:36:33
the medical advances that we've made through breast cancer awareness, she might not be here today, so. 01:36:40
That that one really hits home. So thank you very much for both of those. 01:36:47
Proclamations. You're welcome. Thank you. 01:36:51
Thank you, Commander. 01:36:54
We will now move on to the consent calendar and we will consider items on the consent calendar which will be enacted in one motion 01:36:55
unless the Council member has a request. 01:36:59
To remove an item for discussion. 01:37:04
May I have a motion and a second to approve our consent calendar? 01:37:07
Move. 01:37:10
2nd. 01:37:12
Mayor, if I can, I just quickly make one comment. 01:37:13
Clarification. 01:37:16
Sorry for interrupting. 01:37:18
So on the five year on call professional services agreements, both the city attorney and I want to make sure. 01:37:20
We sort of. 01:37:25
Assumed to something that we need to state, which is that that agreement, that item applies to general professional services that 01:37:26
do not. 01:37:30
And. 01:37:34
That does it doesn't bypass any bidding process. It's not applicable to public projects that need to be bid. 01:37:35
And so it's not intended to bypass those processes. I don't know if the city attorney has anything to add, right. So. 01:37:43
For everyone's edification, the professional services are those services that are like architectural, engineering and nature. 01:37:50
They are specifically exempted from public contracting and public resources code requirements that have a whole host of other 01:37:56
sorts of things, like things we typically define as. 01:38:00
Public projects that have to follow state competitive bidding laws and things of that nature, so this On Call Services agreement 01:38:05
is is for those unique professional services. 01:38:09
That are allowed different requirements and more flexibility to the city to ensure the city gets. 01:38:14
The best services it can. 01:38:20
I have a question. So I look through the list of the on call consultants and real quick if we would like to pull an item, we can 01:38:22
pull it if for further discussion. 01:38:26
OK. 01:38:31
Would you like to pull it? Yeah, I'd like to pull Is it item 5. 01:38:32
Yeah. 01:38:36
And. 01:38:37
Item 10 of the consent agenda, so we could decide to attend the five year on call. Yeah. And then I'll move to approve the rest. 01:38:38
Yeah. Apologies, I probably should have just recommended that, but thank you. 01:38:42
Right. 01:38:48
Madam Clerk, can we take a vote? 01:38:49
All in favor. 01:38:52
Aye. 01:38:53
All opposed. 01:38:53
Hearing none motion passes unanimously. OK, councillor member comma, you can ask. Thank you so much. So I was looking at the Anki 01:38:54
on Call consultant list and I noticed that Atkins is in every category except one. 01:39:01
Umm. 01:39:08
Are they a multi disciplined? Obviously they must be, but I was just curious as to. 01:39:09
That seems kind of unique in a way. 01:39:15
Umm. 01:39:18
With them at the top of the list, that mean that they're the 1st. 01:39:19
Go to consultant or do you? 01:39:23
When the need arises, you go through a process to to select the consultant on that particular issue. 01:39:26
Yeah, let me ask. We have a. 01:39:33
Public works here and let me ask them to just sort of speak to the process that we'll go through once we have them on call. 01:39:37
And then my other question would be, is it is, are they ranked? Is this a ranking list, In other words that you go to the first 01:39:43
available or? 01:39:46
Or is it just a list? 01:39:50
And I'll ask Public Works to good Good evening, Mayor. 01:39:52
City Council staff. 01:39:57
And the general public? Now this is just a list. 01:39:59
And we selected the list based on qualifications so all the. 01:40:02
Consultants here were qualified for the services they applied for in the RFP process. 01:40:06
Atkins is a large corporation that has. 01:40:11
Multiple engineering disciplines that they can provide. 01:40:15
We would select our consultants based on schedule, qualifications and their locality. 01:40:19
Atkins is based out of Los Angeles, so if we, for instance, they were the only ones that were bid on the architectural services, 01:40:26
we would have to use them. 01:40:31
But that doesn't necessarily mean we would just use them for civil engineering, so. 01:40:35
This is not a ranked list, it's just a list available to us. 01:40:40
You had mentioned previously Council member Gamma. 01:40:43
Sometimes you'd like a second opinion for like traffic engineering. So we would be able to do that to check some of our 01:40:47
consultants. So it's like a peer review and things like that. 01:40:50
Thank you. 01:40:55
Other. 01:40:56
Thanks, Mayor. 01:40:59
Thank you, Mr. Cable. I just have a quick question. I've typically seen this done in instances where jurisdictions want to have in 01:41:01
place. 01:41:05
Consultants and. 01:41:10
Agencies on hand during major disaster declarations is would this serve that purpose? It can. This is more for professional design 01:41:12
services. 01:41:17
Like the the Pleasant Valley. 01:41:24
Water line break we had if we needed. 01:41:26
Consultants, services, we would, we would call these people for that. 01:41:29
Are there any other questions or comments? 01:41:35
Right. 01:41:39
We have a motion to approve item number 10. 01:41:42
So moved. 01:41:44
2nd. 01:41:46
Thank you. 01:41:49
All in favor. 01:41:50
Aye, all opposed. 01:41:51
Hearing none motion passes unanimously. 01:41:53
Right. There are no public hearing items tonight. So we will move on to business items, the first business item. 01:41:56
Item number 11. Rent stabilization and tenant protection. 01:42:03
I will now turn it over to City Manager James Vega. 01:42:07
Thank you, Mayor. We have a. 01:42:11
A couple slides. I think this is the only presentation for tonight, so. 01:42:13
We'll try to go through it fairly quickly. 01:42:18
I just have to click. 01:42:21
Thank you. 01:42:24
Thank you. 01:42:24
So a couple of points up front before I start the presentation because rent stabilization and tenant protections. 01:42:26
Get very technical and it gets very complicated. So a couple of points, just very simple upfront. 01:42:34
One is tonight. There is no ordinance being considered. There's nothing being approved. This is simply a discussion to consider. 01:42:39
Whether the city wants to look at this further at this time to a feasibility review essentially. 01:42:47
Two other key points, and. I'll go through these again, but they're just key points that I want to keep reiterating. 01:42:57
There is currently a state law. 01:43:03
That prohibits the city from imposing. 01:43:06
Rent control. 01:43:09
Which is different from rent stabilization. 01:43:10
Rent control includes. 01:43:14
The. 01:43:17
Setting of Brent. 01:43:19
The first time somebody moves in rent stabilization is only increases after they move in essentially. 01:43:21
And uh. 01:43:26
So there's already a state law that prohibits the city from imposing rent control. 01:43:28
And the state also stops the city from imposing rent stabilization on anything other than. 01:43:33
Multifamily units. 01:43:39
Approved per occupancy before February 1st, 1995. 01:43:40
And so very simply, the only thing that we can regulate rents on are apartments built before 1995. 01:43:45
In a in a nutshell. 01:43:53
Uh. 01:43:55
2nd A separate state law AB 14901492, which took effect January 1st, 2020. 01:43:56
Already applies statewide rent stabilization and tenant protections, and we'll go through that a little bit too. So there's 01:44:03
already a statewide rent stabilization. 01:44:07
And then, if the city were to consider rent stabilization, it would only apply to apartments approved for occupancy before 01:44:11
February 1st, 1995. 01:44:15
So there's nothing that the city can do at this time to. 01:44:19
Stabilized rents for people living in single family homes, condominiums, et cetera. 01:44:22
So I just want to kind of make those points because when we get into the weeds of these things. 01:44:27
We'll forget that and somebody will say, you know. 01:44:33
Well, what about my house? Well, if you're in a single family home, you're you're out, you're not in the conversation, so. 01:44:35
That's sort of setting the groundwork. 01:44:41
So the presentation tonight, it's going to be a few slides. 01:44:44
An overview of rent stabilization. 01:44:47
And then what some local cities have done on rent stabilization, what some local cities have done on tenant protections? 01:44:50
And penalties and enforcement options. 01:44:57
So the I and a little some of this is gonna be a little repetitive of what I just said just because I want to reiterate it. 01:45:00
There's a state law called the Costa Hawkins Act. 01:45:08
And that's the one that limits the city to only have rent stabilization for apartments or what the the term they use is 01:45:12
multifamily homes. But. 01:45:15
It's essentially apartments. 01:45:19
Approved for occupancy before February 1st, 1995. 01:45:21
I mentioned already the difference between rent control and rent stabilization rent controls. 01:45:25
No city that didn't already have rent control can now have rent control. So that's off the. 01:45:29
Table. The only thing that could be done now is this rent stabilization for limited. 01:45:35
Situations. 01:45:42
The statewide Rent Stabilization 1482 went into effect to stop what the state referred to as rent gouging. 01:45:44
1482, the state law that's in effect right now. 01:45:50
Prevents landlords from raising the rent of a unit by more than 5% plus the rate of inflation, up to a maximum of 1010%. 01:45:54
So in other words, the state law right now stops somebody from raising the rent on a unit of more than 10% in a year. 01:46:02
I think we've all heard of that happening. And so there's a question of is it being enforced or do people know that that's the 01:46:09
law? 01:46:12
But that is actually the state law that that is enforceable at this time. 01:46:16
As I mentioned, I now I've repeated it three times so I won't repeat it again, but. 01:46:23
But I mentioned the date and the the fact that it applies to apartments. 01:46:27
A key question in each community that considers this is really should be looking at our community. 01:46:31
How many units? 01:46:37
Do we have that are in that category? 01:46:38
Out of how many total units? 01:46:41
What's the need of a? 01:46:44
Of in that community and that category. 01:46:46
And that's just different in every city. There's some cities that are. 01:46:49
Very apartment heavy, and it may be that all their apartments were built before that date and it could be something that has a 01:46:53
major impact. 01:46:58
And then there's other cities that don't have apartments, and maybe it wouldn't make an impact. 01:47:02
Or maybe it's a city that's newly developed and has only new apartments, in which case this wouldn't apply either. 01:47:07
And so we took a look for Port Winema at how many units we think fit in the category. 01:47:13
Roughly of. 01:47:19
Being able to apply these rent stabilization measures. 01:47:21
Our estimate is based on our planning data. 01:47:24
Is 600 units out of 8000 total. 01:47:28
About 7%. 01:47:31
So it wouldn't apply. 01:47:33
To 93% of the community. 01:47:36
And again, you know. 01:47:39
We just as we talk about this, we'll want to be very clear on that because. 01:47:42
Inevitably you have somebody come in and say who says my rent just went up, and then they find out that they're either. 01:47:46
Single family home or a condo or newer build. 01:47:51
And this doesn't apply to them. So we just want to make sure that that messaging is. 01:47:54
Consistent and out there. 01:48:00
Local cities have started to introduce rent stabilization. I think probably one of the common questions that I heard was when 01:48:04
Oxnard adopted their rent stabilization. 01:48:09
A lot of people sort of assumed, well, when is Fort Wayne Amy gonna do theirs because. 01:48:14
On the map where essentially. 01:48:19
You know, connected and and there our neighbor. 01:48:22
But again, looking at the big picture, I think the question for the Council and the community is. 01:48:26
Do we have? 01:48:33
Those types of units and what what is our ability to protect? 01:48:35
The people within living within our city limits. 01:48:40
But. 01:48:43
As a starting point, we looked to Oxnard and Ohai, who recently adopted A variation of Oxnard. They're the 2 Ventura County cities 01:48:44
who've adopted. 01:48:48
Each adopted rent stabilization in Ventura County, which. 01:48:54
Their ordinances limited increases to a maximum of 4% annually. 01:48:58
And only one in one increase in 12 months, so one increase up to 4% every every year. That's what those cities have implemented 01:49:03
with rent stabilization. 01:49:08
They've had some additional requirements, like requirements that a landlord must provide written notice to tenants. 01:49:15
Regarding the ordinance and their tenants rights and how to respond if they believe that they've. 01:49:21
Been subject to an increase greater than 4%. 01:49:27
And then the they created a process where the tenant would have to notify the landlord. 01:49:31
If the increase exceeded 4% and give an opportunity to fix it within 30 days before they could file a civil lawsuit against the 01:49:36
landlord. 01:49:41
They included a civil remedies and attorneys fees provision. So obviously one of the first things as well, if you're a tenant 01:49:46
who's being priced out of your apartment, how do you? 01:49:52
You know, how would you have the ability to enforce that and so the ordinances. 01:49:57
Adding attorneys fees provisions so that the person could seek an attorney and the attorney would know that they could obtain 01:50:02
attorneys fees. 01:50:05
So it was intended to help them to be able to afford that if they needed to to do that so. 01:50:09
So that's what's been included in the the local cities that have adopted rent stabilization. 01:50:15
Secondly, along with rent stabilization, it's typical that it gets paired with another. 01:50:22
Section, which is referred to as tenant protections. 01:50:29
Which prevent. 01:50:33
Unjust evictions. 01:50:35
Just very. 01:50:37
At a very basic level. 01:50:39
If they can reset their rent every time they have a new tenant. 01:50:41
If you didn't have tenant protections, the thought is that the landlord could just keep evicting and raising the rents. 01:50:44
And setting a new rent. 01:50:50
And so most cities that have adopted rent stabilization have included tenant protections. 01:50:51
To make sure that doesn't happen. 01:50:58
State law. 01:51:01
Similar to rent stabilization, state law prohibits landlords from terminating lease without just cause. 01:51:03
And a just cause eviction can be at fault or no fault. 01:51:10
And so this slide shows a list of the reasons why I eviction would be considered at fault. 01:51:14
So something like if a tenant doesn't pay their rent or they breach their lease. 01:51:20
It's an at fault eviction and the tenant would not get could be evicted without any. 01:51:24
Relocation benefits. 01:51:31
If it's a no fault evac eviction. 01:51:33
And there's only four reasons for a no fault eviction. 01:51:36
But if it's a no fault eviction. 01:51:39
The tenant could would be entitled to relocation benefits if evicted and the no fault reasons. 01:51:41
The four reasons are. 01:51:47
An intent by the owner or their family to occupy the unit themselves. 01:51:48
They're the owners taking the market off or the unit off the rental market. 01:51:53
Essentially to to stop renting it out. 01:51:58
The owner is required to remove the unit off the market because of a government order. 01:52:01
Or the owner is going to substantially remodel the unit and. 01:52:06
And they they they then can evict the tenant. 01:52:12
So those are the four reasons that. 01:52:16
If a landlord evicts A tenant and there's tenant protections in place. 01:52:18
The. 01:52:22
Tenant would be entitled to. 01:52:23
Relocation benefits. 01:52:25
So. 01:52:27
So as I mentioned before, a couple of local cities have adopted. 01:52:30
Some of these measures I won't get into the details on the. 01:52:35
Tenant protection portion, but they adopted the. 01:52:41
At Fault or no fault Eviction definitions and they. 01:52:45
Provided different amounts of relocation assistance, such as if, if. 01:52:49
For example, you have to evict the tenant and it's no fault of their own. In one city the tenant gets paid a $5000 relocation 01:52:54
assistance. 01:52:58
Or two months rent, whichever is greater. And I think that was, I think that was Oxnard that did that. 01:53:03
And then, similar to rent stabilization, the landlords are required to post notice about the tenant protections and what that 01:53:09
means for the tenant. 01:53:13
And the ordinances include penalties. 01:53:17
And the notice to of an opportunity to cure within 30 days. 01:53:20
Last. 01:53:27
The ordinances in those cities include penalties and enforcement. There's essentially 2 paths. 01:53:28
There's either administrative or civil penalties. 01:53:33
Civil penalties are the simpler of the two. It essentially gives the tenant the right to. 01:53:36
File a lawsuit against the landlord if if they violate. 01:53:41
And don't cure within 30 days. 01:53:45
Administrative is a little more complicated and a little more burden on the city. That's where the city would actually essentially 01:53:47
have code enforcement and issue fines. 01:53:51
For violation of the ordinance. 01:53:56
And that's. 01:53:58
My understanding was that it was the path. 01:54:00
Our Oxnard chose that path of having both. 01:54:03
Which is why they had the significant cost of over $1 million to start their rent stabilization process. 01:54:06
Because they were planning to do full enforcement and allow tenants to file civil suits. 01:54:13
O. 01:54:20
Doing both is is the more expensive of the two. 01:54:22
And that goes to the cost conversation. I mentioned a minute ago that, you know, bigger cities and cities who do sort of the 01:54:27
deluxe package. 01:54:31
Have spent, you know, as as much as our exceeding $1,000,000 and. 01:54:35
Trying to enforce this. 01:54:41
I was in Ohio when we adopted. When Ohio adopted, it's rent stabilization and tenant protection. 01:54:43
We estimated that we could, with a smaller city and doing less of the enforcement that we could get the cost down to about 01:54:50
$150,000 a year. 01:54:54
And I think it might, it's going to be in that range, maybe a little bit higher than that, maybe closer to two hundred $250,000 a 01:54:58
year. 01:55:01
And essentially that comes down to having like a staff person to administrate it and some code enforcement. 01:55:06
And that's that's what would make up those costs. 01:55:12
So. 01:55:15
The cost of administering the program would depend on the level of service that the Council desires if we choose to adopt rent 01:55:18
stabilization and tenant protection. 01:55:22
And then I point out just at the end, one thing that I learned from going through this previously. 01:55:27
Is that? 01:55:34
Even though we tried to keep costs very low in how we did it and we thought it was such a small number of units that it wouldn't 01:55:36
be a lot of calls. 01:55:40
You do end up getting a lot of calls because people just aren't sure if it applies to them. 01:55:44
We said earlier, the ordinances get complicated. They're 8 or 9 pages. 01:55:51
Typically the first question from somebody when somebody when their landlord raises their rent is they call the city and say am I 01:55:55
protected? And then you have to have that conversation. 01:55:59
Finding out what their address is? Finding out what type of unit they have when it was built? Is it multifamily? 01:56:04
And then you can imagine there's some conversations that are not. 01:56:10
Fun conversations to have because you're dealing with people when they. 01:56:15
Found out they're being priced out of their home. 01:56:20
And a big chunk of the people who call the answer is we actually can't help you and so. 01:56:22
Um. 01:56:27
That's a challenge with enforcing the rent stabilization and tenant protections. 01:56:29
So I ultimately and I I think I've noted this previously, I think ultimately it's going to come down to. 01:56:34
The need in our community. 01:56:41
Being fairly new, I haven't heard a lot of. 01:56:43
Request for this I think. 01:56:46
I asked staff and we've heard a few requests since Oxnard adopted the ordinance. 01:56:49
But I think that's the question is. 01:56:53
What's the need in our community are the people who would benefit from this ordinance and who need this ordinance are the you know 01:56:56
how many of them are there and. 01:56:59
With this ordinance, help the people who need help in our community so. 01:57:05
With that, that's the background. 01:57:09
Again, this item was just intended to be sort of big picture how this works. 01:57:12
How it could work in port Wanami? 01:57:17
But ultimately. 01:57:19
The decision hasn't been made yet and the question will be for council of whether to move forward and how to move forward with. 01:57:21
Rent stabilization. 01:57:27
I just council have any questions for staff. 01:57:30
Only questions at this time. 01:57:33
Thank you. Mayor, one question, you mentioned that 600 units in the city are would potentially fall under rent stabilization. 01:57:37
Measured if, if we so decide to go in that direction, how many people would that? 01:57:46
Constitute how many people would be affected? 01:57:52
Their families perhaps? 01:57:54
Roughly, I think our average household size was somewhere around. 01:57:56
4 or so, so roughly 2400. 01:58:02
Maybe 2400 to 3000 people. 01:58:05
And and then the administration of a program like this. 01:58:08
You estimated maybe 200 and 5350. 01:58:12
OK. 01:58:16
And I would, I would estimate. 01:58:17
Sorry, my microphone turned off. 01:58:20
That's the range I would estimate, but again it depends on the specific level of service that the council requests. If there 01:58:22
there's potential to do a lot more or a lot less. 01:58:27
So the admin staff costs would be the primary weight of passing. 01:58:34
A measure like this. 01:58:41
Yes, the three sort of main things is just somebody to administer the program. 01:58:42
Hearing officer and city attorney cost potentially and in analyzing some of the situations. 01:58:49
And and then potentially some enforcement. 01:58:56
Having somebody do an enforcement. 01:58:59
And there are no Is there any recourse for offsetting these costs through penalties? It doesn't seem like the penalties would. 01:59:01
Be a drop. It would be a drop in the bucket. In terms of offsetting our our admin, yeah, I wouldn't expect to recover much if 01:59:08
anything. Potentially there would be some citations, but I would, I would guess that we'd be surprised if we'd issue more than 01:59:14
five to 10 a year. 01:59:19
Just wanna you know that would I would be surprised to hear that and and just to point out like when you get into code enforcement 01:59:25
and administration, administrative citation appeals and whatnot there's there's usually a lot of hidden costs that that aren't 01:59:30
identified. 01:59:34
So for example, you cite somebody with an admin site and they want to appeal it. The first thing you get is a Public Records Act 01:59:39
request. 01:59:42
And they want every correspondence between you and any tenant that's ever existed in the city. 01:59:45
Well, that generates a lot of documents that that obligates the city clerk to do quite a bit of review. It obligates IT staff and 01:59:50
obligates me to review for. 01:59:54
Public records, then you end up in front of an appellate officer, and then after that you're allowed to go to the Superior Court 01:59:58
and whatnot. And to the extent the city is going down that process, then you're into civil discovery. You're into a lot of things 02:00:02
that can. 02:00:06
You know, attorneys aren't cheap. It generates costs. 02:00:11
Very quickly and as a government entity, you're typically prohibited from recovering those costs. 02:00:14
Thank you. 02:00:21
With regard to. 02:00:24
Where does the dollars come from for relocation assistance? 02:00:26
So. 02:00:31
Based on how other cities drafted their ordinances, it's typically the landlord has to pay the relocation costs of the tenant. 02:00:33
And so if a dispute. 02:00:41
Develops and that's where the litigation begins. 02:00:43
Right. 02:00:47
Right. 02:00:48
And then it sounds to me that the state has a pretty good. 02:00:49
Program in place, There's protections. 02:00:53
Aimed at rent rent stabilization statewide, is that correct? 02:00:57
So I won't comment on the quality of it because I'm sure people have their own opinions of that, but the state has. 02:01:02
A similar. 02:01:08
Rule in place to what we could actually put in place, because the state stops us from really doing. 02:01:09
Much more other than. 02:01:15
Essentially. 02:01:17
Kind of tightening their 10% down to you know 4 or 5% is typical. 02:01:18
So. 02:01:24
They provide. 02:01:25
Similar rent stabilization and very similar tenant protections to what cities could propose. 02:01:26
Yeah. And then once this program, let's say if it were adopted and the program is staffed up and. 02:01:32
Who would never go away? And it would be a, it would be a. 02:01:41
Additional. 02:01:44
Item on our budget, correct. 02:01:46
It would be an ongoing cost each year. 02:01:48
And a couple, just a couple points to that is. 02:01:52
Technically, the council could. 02:01:56
You know, change the ordinance in the future. I think politically it would be very difficult too, and I don't think any city has. 02:01:58
Undone or rent stabilization. 02:02:05
So I think we it would be ongoing and I. 02:02:07
Don't expect it to. 02:02:11
Be like a one or two year thing. 02:02:12
I think the state rule applies to 2030. I think so. 02:02:14
Potentially, if the state changes, what they do. 02:02:19
And and they could, they could do it either before then or at 2030. 02:02:22
Then that could preempt what the city does as as they change their laws. But. 02:02:26
The simple answer to the question is if we adopt it, it would be ongoing costs for the foreseeable future, right. And currently 02:02:31
our budgets a little bit busted and upside down perhaps and so this would be a new. 02:02:37
Item to our budget that's already under stress. 02:02:44
This would be a new item. 02:02:47
And. 02:02:49
We did a presentation. 02:02:51
Two or three meetings ago noting that. 02:02:55
With our CIP budget included. 02:02:57
We do have sort of a structural deficit that we need to fix, so this would be added to that. 02:02:59
Right. 02:03:03
Thank you. 02:03:05
Are there any other questions? 02:03:07
Their Proton, Yes. Thank you for the presentation and the information provided. Do we know where the 600 units are located or are 02:03:10
they spread out throughout the city or are they in one certain area? 02:03:15
I believe they are spread out. I didn't get a map of those, but I I'm not. 02:03:22
There there's not. They're not just in one area. I'm not sure if they're concentrated in one area, but they're not in just one 02:03:27
area. They're they're. 02:03:31
Spread out through town. 02:03:36
The other cities that have implemented this, what is the level of success they've had with? 02:03:37
Helping their community members. 02:03:42
Yeah, I know. 02:03:43
I I said in this presentation, I think it was in some of the wording that I was. 02:03:46
In Ohio when Ohio adopted it and. 02:03:51
I think. 02:03:54
Those two points that I just kept reiterating, those were not understood and I think. 02:03:55
There was a. 02:03:59
Large percentage of the community that had thought this would help them. 02:04:01
And then we're very upset when it didn't. 02:04:05
And I think. 02:04:08
I had been there about six months after it got adopted and I think there were probably there were. I think we're about two people 02:04:10
that actually qualified out of the. 02:04:14
You know, dozens and dozens of. 02:04:19
Calls and conversations. 02:04:21
So it's just one it's the challenge, and it's the state who's limiting it. 02:04:24
So it's just the way it is, but. 02:04:29
You know, it's we're able to do something, but in such a narrow area that it ends up. 02:04:31
Not being as helpful as I think everybody thinks it is when they hear. 02:04:37
The initial idea of rent stabilization because it doesn't apply to single family homes or or condominiums, so. 02:04:40
So that brings U another next issue. We we implement something like this and then. 02:04:47
Individuals who own single family homes or those with condos or say for instance, Wanami Bay. 02:04:52
Who is an at risk area with a fixed income? 02:04:57
They're going to be wanting the same thing and asking, you know, what about us? What alternatives are there? 02:05:00
To helping with this situation besides. 02:05:06
What we're talking about here? 02:05:10
Yeah. 02:05:11
You know, I mean, we'll probably get a public comment on it, but I think we got some letters this this week. 02:05:12
That listed. 02:05:19
Different programs that are available and things like, you know, like. 02:05:20
Federal funding of rent subsidies and, you know, things like that. 02:05:25
There are programs available to help. 02:05:29
There is not any city ability to do rent stabilization that would help. 02:05:33
The areas you just mentioned the that are not apartments, so. 02:05:39
There's. I guess what I'm saying is there's. 02:05:44
There's options but it's not rent stabilization to do that. It's would be thing, you know, other kinds of incentives or. 02:05:47
Funding ideas? 02:05:56
My last question which is kind of silly but. 02:05:57
What is the difference between an apartment and a condo? 02:06:00
I think that sort of the in the states definitions, I think one of the key words they used was or one of the key defining points 02:06:05
was the ability to sell a condo. 02:06:10
Versus renting an apartment, Yeah. And you might be able to, Yeah, some of the. 02:06:16
Basically the difference is the state uses the term separately alienable, and in legal parlance, alienable means saleable. 02:06:21
In the past, what's happened with certain condos that were subject to Costa Hawkins, which was one of the states protections? 02:06:28
Is people would land owners would pull the units from market and never convert them to saleable condos. 02:06:35
But the pulling them from market was enough to get out of the rent control or the the rent stabilization aspect. So now there's 02:06:44
been revisions. 02:06:47
Through AB 1482 to make it so that you actually have to follow through. 02:06:50
To to making them separately alienable and whatnot. 02:06:56
Umm, I I think one of the other things to always keep in mind here, and I just say this for a risk analysis deal, is that. 02:06:59
Anytime you're talking about taking private property. 02:07:07
And affecting the economic return on investment. 02:07:11
Typically the very first challenge you're going to get is something called a takings, which is it stems from the 5th Amendment and 02:07:15
14th amendments. Is that? 02:07:18
It basically in. 02:07:23
Eminent domain proceedings, you cannot deprive somebody of a property or an economic use thereof without paying just compensation 02:07:25
for it. 02:07:28
And so the argument typically arises that. 02:07:32
In doing something like this? 02:07:35
The government is taking up property for public purpose and affecting market value. 02:07:37
OK. 02:07:43
Thank you. 02:07:44
Any more questions? 02:07:47
Are there any public? 02:07:49
Comments regarding this item. 02:07:51
I'm pretty sure there are. 02:07:53
Yes, Mayor Martinez, there are public comments. I'm going to go ahead and call up the in person comments 1st and then we will move 02:07:55
to zoom and written comments less. 02:07:59
The first public comment would be from Janet's Brassier and Julio Gomez would be after. 02:08:05
Thank you Mayor and Council for giving me the opportunity to speak this evening. 02:08:20
My name is Janice Bressler. 02:08:25
I am here on behalf of the National Association of Residential Property Managers, the Ventura County Chapter, and as broker, owner 02:08:26
of Rent Eight O 5. 02:08:31
I wanted to give some more facts about rent stabilization. 02:08:36
Import warning me, there are roughly about 7000 rental units, as we heard. 02:08:39
But today's? 02:08:43
As of this morning when I pulled owner non occupied units based on the parameters that Costa Hawkins says can have rent control, 02:08:45
we're showing about 329 units that would be affected. Remember Costa Hawkins plays into it and the Ellis Acts has a lot to do with 02:08:52
how an owner can increase rents as well after they've given notice based on AB 1482. 02:09:00
Umm. 02:09:09
Also, the ordinance that you spoke of with Oxnard, it's actually 'cause I fought really hard for this, was the language the lease 02:09:10
is given. So the ordinances are given out in English, if that is the language of the lease. 02:09:16
If they are a primary Spanish speaking home, then they can get that second. 02:09:22
Umm. 02:09:28
So rinse ablation does not decrease current rents, it actually automatically increases rents annually. 02:09:29
In Oxnard they did do 4%. 02:09:36
Are economists looking at the next year are looking at zero to 1% increases for the next two years due to how the economy is 02:09:39
looking? 02:09:42
Are the top ten highest rental cities in the nation. Five of those cities are in California. 02:09:46
All five have run stabilization and tenant protections. 02:09:51
These are San Francisco, Los Angeles, San Diego, San Jose and Oakland. 02:09:55
And all but one has been in place for 44 years. So when we do a comparison of Bell Garden, we just passed in 21, Oxnard pass in 02:09:59
22. Oh, I just passed. 02:10:04
The comparing of those units in those cities. 02:10:09
And in their infancy is really just not really a great. 02:10:12
Study to tell us what it's going to run. 02:10:16
Including, we talked about cost. 02:10:19
Portland Amy is throwing around the figure about between 250,000 to run the program and all those other cities. 50% of that cost 02:10:21
is passed to the tenant. 02:10:26
So they would be sharing that with the owner. 02:10:31
And then I have to ask what fee study was done for organic because Oxnard, we're at a year and a half and they still do not have 02:10:33
their fee study done and it does cost the city to do a fee study. They just can't hit an arbitrary number and charge that. 02:10:40
And then? 02:10:47
AB1482 we talked about. 02:10:49
I just wanted to let you say no, that on the governor's desk right now they have that there for treble damages for any bad actors 02:10:51
that did things to tenants during this time on troubled down. I'm just cost a lot. 02:10:57
As well as the one month security deposit. 02:11:02
With that, I'm going to end with a quote from the Swedish economist ASR Lundbeck. 02:11:05
Rent control is the fastest way to destroy a city other than bombing it. 02:11:10
Fort Wayne, Amy, please do not do this to your tenants or your owners. 02:11:15
Thank you. 02:11:18
Good evening Mayor bro. 02:11:30
May approve things City manager, city attorney. 02:11:32
City councils and public. 02:11:36
My name is Julio Gomez. I'm a broker owner, small. 02:11:38
Real estate company, Property Management Blue Sky Realty in Oxnard downtown. 02:11:41
I've been doing this for 25 years. 02:11:46
In what? The city of Propanamide? 02:11:49
Is proposing or try to. 02:11:52
Entertain. 02:11:54
Like a Jenny says, it's gonna kill the economy. 02:11:56
The best thing to do? 02:12:00
Is to create more housing. 02:12:02
No. Create more obstacles. 02:12:04
I have three properties here, managing and providing me. 02:12:07
My honors. 02:12:11
Their mom and pop, they're the retirement for them. 02:12:13
So if we start putting rent controls, what happens is. 02:12:16
They're gonna force them to do something that they don't want to do. 02:12:21
They want to. 02:12:24
They want to keep the properties to pass it on to their families. 02:12:25
If we put rent controls. 02:12:29
What happens with the with the the increase we're going to see force and increase every every year. 02:12:30
And the point that the the people won't be able to to to afford it. 02:12:36
And what we tried to do is like. 02:12:41
I read this. 02:12:44
This year. 02:12:46
It says. 02:12:47
I'm sorry, solving the house increases is increasing housing supply and not imposing additional restrictions on the market. 02:12:54
Please. 02:13:02
From the point of view of the small business owner and real estate. 02:13:03
Put the drink control and create more stress. 02:13:07
Either to this, to the rentals, to the tenants and to the. 02:13:10
Owners of the properties. 02:13:14
Thank you. 02:13:16
You will have it, Juliet escapes. And then Louis Mendez after her. 02:13:20
Good evening, city staff. 02:13:32
Council members Mayor Pro Tem Perez. 02:13:35
Mayor Martinez, My name is Juliet Asclepius. I'm the current president of the Ventura County Coastal Association of Realtors. 02:13:38
Thank you so much for letting me speak. 02:13:45
We represent over 2000 members. 02:13:48
And we are extremely familiar with the housing challenges faced by Ordway Nemi, as well as this county and across the state. 02:13:52
As you know, as we've been talking about this evening, the state of California passed implemented AB 1482. 02:14:01
Statewide rent stabilization that has placed limitations on rent increases. 02:14:08
Has just caused eviction requirements in place and requires relocation fees for no fault tenancy terminations. 02:14:14
If an ordinance is passed. 02:14:23
Our understanding again, it's only going to affect about 7% of the Portway uni housing. 02:14:25
Units. 02:14:30
The majority of the housing providers affected would be mom and pops. 02:14:32
And those mom and pops housing providers? 02:14:37
Often invest in real estate as a part of. 02:14:39
Retirement plan or a Second Income? 02:14:43
The implementation of even stronger rent stabilization ordinance would ultimately place an unfair burden on small housing 02:14:46
providers while failing to relieve. 02:14:50
Deliver relief to those who actually need it, the tenants. 02:14:55
Housing providers and renters have a mutually beneficial relationship. 02:15:00
Renters need a clean, safe place to call home. 02:15:05
And housing providers facilitate. 02:15:08
That need excuse me. 02:15:10
The consensus among economists is that the housing crisis is best addressed by increasing housing supply rather than imposing 02:15:13
stricter restrictions. 02:15:17
There are many policies and programs available to this city that should be considered before implementing more restrictions. 02:15:23
Instead of spending resources on creating an onerous and costly new bureaucratic system, we urge Port Winnie to educate the 02:15:30
community on existing policies regarding affordable housing. 02:15:36
And the creation of housing. 02:15:42
We ask Fort Wayne Amy to be creative and innovative in its approach to these sensitive and complicated issues. 02:15:44
Instead of following suit of other cities. Thank you. 02:15:51
Thank you. Good evening, Mayor Martinez. 02:16:04
You know, protect City Council, city manager. 02:16:06
My name is Luis Mendez. I am a resident here in Port Raimi and also a member of the real estate finance community. 02:16:08
I'm here because I wanted to adjust the cost of this program. I think it far exceeds the benefit of what it will bring to the 02:16:14
city. 02:16:17
And I think that the revenue or that that money could be better used in other areas, such as addressing homelessness. 02:16:20
Improving the parks and things that. 02:16:26
Other areas where money is lacking, where you guys are falling behind in your budget. 02:16:28
In Why me being here for 35 years, it is strictly an inventory problem, not a rent stabilization problem I think that we live 02:16:31
with. 02:16:35
And that should be the focus. If you guys decide to move forward or entertain possibly into implementing rent stabilization or 02:16:39
tenant protections, I would strongly request or ask that you guys reach out to the community and ask maybe local leaders. 02:16:46
People see our the local real estate community and residents to chime in on what type of ordinances or what are the best ways. 02:16:54
She addressed the issues we have. 02:17:00
I just personally think that in Port Winema as small as our city is. 02:17:02
The rent stabilization is not an issue. 02:17:06
That we need to address or waste money on. 02:17:08
So please consider that and thank you for your time. 02:17:10
Adela trainer. 02:17:14
Good evening everyone and thank you for your time and thank you for all you do by the way. 02:17:26
I always like to start with that because. 02:17:31
I know with the time that you give. 02:17:34
Very well said. I'm probably just going to repeat a lot of what they said. 02:17:37
I am a realtor also, but I'm also a property owner and a home provider. 02:17:41
And so I kind of wear 22 hats and my comments. 02:17:46
Kind of come from both places. 02:17:50
When I have clients. 02:17:52
Who are Home Providers? 02:17:54
And they hear of rent control or they're living in one of these cities where they're. 02:17:56
Where these issues have been addressed, the first thing they think of. 02:18:01
And. 02:18:04
And since we haven't had the time to see in our local cities how this is going to play out. 02:18:05
Is 04 percent. Well, guess what the rents going to be every year? 4%. 02:18:09
Whereas they might not have done that in the past. 02:18:14
There are those mom and pops, and now I'm going to speak from a property owner myself. 02:18:17
People who? 02:18:22
Turn to real estate for our retirement. 02:18:24
And uh. 02:18:28
You know. 02:18:29
That's a little disconcerting when we think about. 02:18:31
Of what that's going to look like, especially when you have that tenant? 02:18:33
And all property owners want that good tenant where you've got that great relationship like you were talking about relationships 02:18:36
that is worth more than those increases to have that good relationship. But if I'm going to be limited in the way I can increase 02:18:43
my rent or do the repairs or pay those water increases or fix that roof. 02:18:49
That relationship can't work. 02:18:57
Because I can't afford. 02:19:00
That. 02:19:01
You know 30 year. 02:19:03
Tenant. 02:19:05
The same low level rent that he's been paying. 02:19:06
I have to get up to market value. 02:19:10
That doesn't help. 02:19:12
The people that we say we're trying to help. 02:19:13
I would encourage you also if you go forward and. 02:19:16
Thank you for the clarifications and the great questions. 02:19:19
When, if you go forward, is to do talk to your community, talk to your home owners, the property providers. 02:19:22
And see how this works for them as well, because those numbers that you're talking about affecting aren't just tenants, they're 02:19:29
also those home providers. 02:19:32
Thank you. 02:19:36
OK Mayor, I'm gonna switch it over to zoom. 02:19:41
And we are going to have Janet begin. 02:19:45
Janet, if you can hear Magnan. 02:19:49
Yes, we can hear you perfect. 02:19:51
Janet Gagnon from the Apartment Association of Greater Los Angeles. We represent rental housing providers. 02:19:53
Throughout Los Angeles, San Bernardino and Ventura counties. 02:20:00
And 80% of our members, our mom and pop providers owning 20 or fewer units. 02:20:05
The problem that we see for Port Wanami is that this would apply to older buildings only. 02:20:12
Due to state law and those older buildings require more maintenance with HVAC, with roofs with electrical systems and they need a 02:20:19
small businesses to be able to make those. 02:20:26
Repairs. 02:20:33
To keep their investments in good shape for their existing renters and if rent stabilization below what the state already 02:20:34
provides. 02:20:39
Is implemented in Portland, Miami. It causes our mom and pops to make a very hard decision of either selling their properties to 02:20:44
corporations and having them replaced. 02:20:50
With luxury apartments or condominiums that their current renters cannot afford. 02:20:56
Or they're not able to make the necessary repairs and. 02:21:02
Keep up with current standards of living in Port Wanami and so this is a very bad policy idea. 02:21:08
Four part Port Wanami in particular. We were actively engaged in Ohi when they were discussing their ordinance and as was touched 02:21:16
on, it didn't address the primary problem that was going on there, which was rental houses. 02:21:23
Being sold because of increased property values that that was a better alternative for those owners. So a lot of the renters there 02:21:31
were very upset when they realized that this new ordinance did nothing for their problem. 02:21:38
So we're just hoping that you will support small business as was discussed a lot at the beginning. 02:21:46
Of our mom and pop owners and pursue policies that actually support mom and pops as well as renters. Policies like voluntary 02:21:54
mediation that Santa Barbara currently has. 02:22:00
Has been very popular, very successful and has done all through volunteer mediators, so there's no mediator cost involved. 02:22:06
Or if you're going to spend this kind of money, spend it on direct rental assistance. 02:22:16
For renters to maintain and be able to stay in their properties during urgency situations like a sudden illness, job loss, injury, 02:22:21
that's what Claremont has done. They've created a new rental assistance program specifically for that using their ARPA dollars and 02:22:28
I know you guys mentioned you'd had. 02:22:34
Some problems with reporting on Arpra, but you might be able to reallocate those dollars to a rental assistance program. So at the 02:22:41
end of the day, we'd really like to see policies that support your small businesses, including our mom and pop owners as well as 02:22:49
renters, and engage all stakeholders for a more thorough discussion and creative solutions. 02:22:57
Thank you. 02:23:05
You Janet. 02:23:09
Thank you, Janet Maria Navarro. 02:23:10
Hey folks, how's it going? My name is Maria Navarro. I am a. 02:23:14
Resident of Fort Wayne Niemi for the last since. 02:23:19
Well, 2010 already. So it's been a while. 02:23:23
I apologize first of all for not being able to be there in person. I am feeling a little bit under the weather so I thought I'd 02:23:26
play it safe. 02:23:29
And I do want to thank the City Council and the city manager for bringing this up. 02:23:33
Tonight. 02:23:38
And I I do want to also thank the public commenters who shared some points. I totally agree with the Emergency Rental Assistance. 02:23:40
I think that actually would be a really awesome program that Portland you could look into. 02:23:45
But I do want to point out that some. 02:23:52
Of their comments. 02:23:54
Are very interesting. I feel like some of them are saying that rents were going to increase while others were saying that, you 02:23:56
know, landlords wouldn't be able to make a living with rent control. I. 02:24:01
I do think our rent stabilization, I do think that. 02:24:05
There hasn't really been a good study. The studies that have come out from rent stabilization, not rent control, but rent 02:24:09
stabilization seem to be generally positive in that it's an anti displacement policy and I think that's the first point that I do 02:24:14
want to make. 02:24:20
Restabilization isn't an affordable housing policy. It's an anti displacement and homeless protection policy. 02:24:25
It allows people to stay in our city. 02:24:33
Without necessarily having to end up in the streets and the biggest piece. 02:24:37
Some of the points that I that I want to make. 02:24:42
About the presentation and also what we've heard so, so far. 02:24:45
First of all is that Fort Wayne Amy already has restabilization because it falls under the state protection. 02:24:49
Because we fall under the state law. 02:24:56
All of those units already have principal ization, and now the cap is at 10%. But that varies depending on inflation, right? 02:24:59
So. 02:25:07
What happens to the residents who fall? 02:25:08
Into that. 02:25:11
Category. 02:25:12
Have that protection, but they just don't know. 02:25:14
Or they were never really told that they have that. I think that is a point that we didn't address either in the presentation or 02:25:17
here. 02:25:20
Is that there is a group of people who are already protected, right? 02:25:24
Then forcement is the piece that I always talk about in these meetings because there there's something to be said about the state 02:25:28
law and it not being enforced. 02:25:32
And I think it's the responsibilities of cities to try and create a legislation, whether it matters the state law one and copies 02:25:36
it piece by piece. 02:25:40
Or it creates further possessions like Oxnard and Omaha. 02:25:44
To make sure that the people who are protected under rent stabilization know that they're protected under rehabilitation and there 02:25:47
is a number that they can call. 02:25:51
And they could be like, oh hey, do I fall into this or do I not? 02:25:54
Because. 02:25:58
Well, there are cases of people who do increase. 02:25:59
The. 02:26:02
The rent beyond that 10%. 02:26:03
Or that you know, 4% or whatever number is that a local law puts in. So that's the first piece. The second piece is on. 02:26:05
Just cause eviction protections. Just cause eviction protections. Unlike rent stabilization is not limited by cost of Hawkings so. 02:26:15
Just cause eviction protections could apply to Miss Navarro. I'm sorry, I just wanted to let you know that your time is up, so if 02:26:23
you can wrap it up that would be great. 02:26:27
Yeah, I think more discussion about this would be appropriate, I feel like. 02:26:32
They're like on fees. 02:26:36
On enforcement, there are more things. 02:26:38
To talk about, especially on who applies to those because. 02:26:41
Again, just cause applies to almost everyone in the city. 02:26:45
OK, I'll switch over to the written public comments. 02:26:55
The first comment is. 02:27:00
From David Scribner. 02:27:02
The state of California has experienced a severe housing crisis for the past decade, causing housing prices and rents to 02:27:05
skyrocket. 02:27:08
That legislature responded by passing rent control measures that limit rent increases for current renters to 5% plus the CPI, 02:27:12
which is currently 4%. 02:27:16
In no case can an annual increase exceed 10%. 02:27:21
The state also enacted various measures to protect tenants from predatory evictions and allowed many tenants to live rent free 02:27:24
during the pandemic. 02:27:28
Most landlords were never able to recoup these costs. 02:27:32
Housing is one of the most regulated business sectors in California. 02:27:35
The City Council is considering enacting more regulations by enacting A Rents Debilitation Stabilization Ordinance. 02:27:39
While this may have a short term impact on rental costs, it will create long term problems that will negatively affect. 02:27:46
People's abilities to find housing. 02:27:52
These unintended consequences include. 02:27:55
Landlords will be incentivized to raise rents to the maximum allowed under new guidelines, or lose the ability to recoup these 02:27:57
funds later. 02:28:01
Rents will increase every year. If tenants cannot afford the increases, they will be forced out of their current housing and need 02:28:04
to find new housing at the market rate. 02:28:08
The landlord will incur costs related to downtime and refurbishment costs. 02:28:13
The cost will be passed on to the new tenants. 02:28:17
The cost of housing for new tenants will rise. 02:28:20
When tenants vacate a unit, the landlord will be incentivized to raise the rent as much as the market will bear. 02:28:22
Select applicants with higher income, excellent credit scores, no pets, and smaller households. 02:28:28
More tenants, more wear and tear. This will make it more difficult for a family of four to find housing than a single person or a 02:28:33
couple. 02:28:37
Housing opportunities for families will decrease. Applicants with the history of eviction will find it next to impossible to find 02:28:41
housing. 02:28:45
There will be no incentive to improve or maintain rental units beyond minimal legal requirements. Slumlords will be more 02:28:48
profitable than responsible landlords. 02:28:53
Tenants can expect diminished living conditions. 02:28:57
Owners of most rental properties purchased years ago have lower mortgage costs and tax rates than new owners will be responsible 02:29:00
for. 02:29:04
When properties change hands, the only way the new owners can cover the increased costs will be to ask tenants to leave. 02:29:07
So that so that they can remodel the units and charge market rates. 02:29:13
This will displace many long term renters who will need to find new housing at market rates. 02:29:17
While landlords may be responsible for relocation costs, the new tenants will end up paying for these costs through higher rents. 02:29:21
The former tenants will end up paying market rates for their new household. 02:29:28
History shows that when rent control and rent stabilization measures are enacted, the number of rental units. 02:29:31
Decreases, further shrinking the number of available units. 02:29:37
If new regulations are enacted, the city will have to hire additional staff to enforce them. 02:29:40
Where is the money going to come from? David Scribner. 02:29:45
The next is from Kelly Wilmer. 02:29:52
Dear City Council members, Port Wanami is not Oxnard the inference that your real estate pool is the same, or that the City 02:29:55
Council should consider expensive. 02:29:59
Draconian style rent stabilization is a bad choice. 02:30:03
It's about choice for tenants who already have reasonable rent protections under the state AB1482. 02:30:07
Which does not incur administration costs for the city, which will be borne by tenant and owner if you adopt them. 02:30:13
Your real estate mix does not have a lot of apartment buildings. 02:30:19
You have single family homes and condos. 02:30:22
Enter. 02:30:25
Burst with apartment buildings. 02:30:26
Owners have been spending tremendous amounts of capital to improve the city of Port Wanami and take care of their buildings. 02:30:28
Some of the condo associations have been spending millions of dollars in upkeep. 02:30:34
Rent stabilization never helps those whom it should. 02:30:39
Artificial rent caps can be disastrous for a city. Just look at Santa Monica. 02:30:42
I assure you that the majority of people driving up to those apartment buildings are not means tested and many earn over 250,000 a 02:30:47
year. 02:30:51
The cost burden on the city for administration will be large. 02:30:56
I asked you to be prudent in what city funds are used for to balance your budget. Why on earth would you think this approach would 02:30:59
be beneficial for port wine? Emy? This is barely any Properties for Sale right now and interest rates are high and most likely 02:31:04
will remain so for the near future. 02:31:09
So if you chase investors out of your town, your rental pool will get smaller and smaller. That doesn't help anybody. Thank you 02:31:15
for your time and your long term vision for port wine EMY. Sincerely, Kelly Wilmer. 02:31:20
City Council members. Considering there is already a statewide rent stabilization ordinance in effect, I'm thinking there are 02:31:28
probably better ways to spend our money and staff time than adopting another costly ordinance. 02:31:34
Perhaps some of those resources could be used on opportunities to create more affordable housing in our city, such as the Habitat 02:31:40
for Humanity project on San Pedro St. 02:31:45
Also, I would like to mention that from what I've observed, your city clerk is doing a great job. Thank you Jeffrey Scarberry. 02:31:50
I did not add that in. 02:31:59
Dear City Council members support my name is only. 02:32:05
4 square miles in radius. We are not huge like Oxnard. Please stop trying to get on a bandwagon with the rest of the cities when 02:32:09
you can see that the results are devastating to owners. 02:32:14
Home owners and myself have worked very hard to accumulate funds and purchase property here in port Whiting me. 02:32:19
We have invested in real estate and deserve a return on our investment. 02:32:25
Why are we having to be penalized by succumbing to rent control, stabilization, et cetera? 02:32:29
If you do not own a property yourself, then you will not understand how difficult it is for an owner. 02:32:34
There are great programs like Section 8, et cetera to help families in need. 02:32:39
Implementing rent stabilization is a bad choice. Tenants who already have reasonable rent protections under the state AB 1482, 02:32:43
which does not incur administration costs for the city. 02:32:49
If if implemented, the costs will have to be borne by the tenant and owner if you adopt them. 02:32:54
Owners have been spending a lot of money to improve their homes and buildings, thus helping improve the appearance of the City of 02:33:00
Port Wine also. 02:33:03
The condo and other HOA communities have been spending millions of dollars in the upkeep, which also results in increased HOA 02:33:07
monthly dues to the owners. 02:33:11
I completely disagree with the rent stabilization. Why would you think this approach would be beneficial for Port Wanami? There 02:33:15
are hardly any Properties for Sale right now. Interest rates are high and will not be coming down anytime soon. 02:33:21
If the rent stabilization is implemented, it will drive away investors. Thank you for your time and your long term vision for Port 02:33:27
Wanami. Sincerely, Kieran Locke. 02:33:31
The public comment I'm about to read was submitted by the Ventura County Coastal Association of Realtors VCCAR. Written public 02:33:40
comments, as indicated on the agenda, are subject to a 500 word limit. 02:33:46
Please note this comment surpassed that limit and therefore the submitter revised their comment to meet the 500 word limit. 02:33:52
The original comment will be on file in the City Clerk's office in accordance with the city's retention schedule. 02:33:58
Please also note that the City Council received 43 additional emails as of 5:00 PM. 02:34:03
From different individuals in line with the same comment I'm about to read, and although they did not follow the process for 02:34:08
submitting public comments as indicated on the agenda, I wanted to make note of it here. 02:34:13
And this, the Ventura County Coastal Association of Realtors VCR, representing approximately 2000 Realtors on the Central Coast, 02:34:20
is voicing its sincere concerns regarding rent control measures. 02:34:26
Advocating for mediation as the only acceptable approach. 02:34:32
BCR emphasized that its members, many of whom reside in Port Winema, are deeply familiar with the housing challenges faced by the 02:34:36
community. We argue that rent stabilization is not the solution, and may in fact. 02:34:43
Exact suburb and sorry exacerbate the existing problems. 02:34:50
A central argument resented is the consensus among economists that the housing crisis is best addressed by increasing the housing 02:34:55
supply rather than imposing market restrictions. 02:35:00
The current statistics of port winding me with its population of nearly 22,000 and only around 8000 housing. 02:35:06
Units as of 2021 under score the pressing need to address the supply demand imbalance. 02:35:13
And they provided data from via data comments. 02:35:20
To tackle this challenge, Port Winema has a range of policies available. 02:35:26
Affordable housing through the Port Wanami Housing Authority Density Bonus Program to allow more units and typical zoning permits. 02:35:30
Accessory dwelling units for additional rental housing. 02:35:37
Condominium conversions to transform existing apartments. 02:35:41
Inclusionary Housing Ordinance for Middle Income Buyers. 02:35:45
Housing Rehabilitation Globe program to maintain affordable rental units. 02:35:48
Average unit size density programs to promote additional housing. 02:35:53
Section 8. Housing Choice voucher program for rent subsidies. 02:35:57
Tenant based rental assistance for permanent housing through temporary subsidies. 02:36:01
Tenant Displacement Assistance Ordinance for situations involving residential Unit Elimination. 02:36:05
VCR suggests that instead of venturing into new rent stabilization or control programs, which have faced criticism from economists 02:36:12
Port Wine, EMY should maximize the potential of these existing programs. 02:36:18
We call for a comprehensive education campaign to inform developers, property owners and renters about these initiatives. 02:36:24
The city is also encouraged to foster new housing projects. 02:36:31
Particularly emphasizing programs like the average unit size, density, and the accessory dwelling unit. 02:36:35
BCA's perspective on the proposed rent stabilization measure is clear. 02:36:41
Mediation VCR supports this, citing the success of the Rental Housing Mediation Program in Santa Barbara. 02:36:46
Mandatory lease VCR opposes this, highlighting its potential to burden housing providers, especially in situations. 02:36:53
Involving student housing, retirement plans and flexibility for property owners. 02:37:01
Apartment inspections. We have strong opposition due to concerns about governmental overreach and potential constitutional 02:37:06
violations, with several U.S. cities cited as examples. 02:37:11
Just Cause Eviction BC CAR criticizes this for its unintended consequences, emphasizing the challenges and costs faced by property 02:37:17
owners and the potential negative impact on well behaved tenants. Rent control or rent stabilization, VCR. 02:37:25
Resents A comprehensive critique, pointing to its general detrimental effects on housing quantity and quality. 02:37:33
It's discouragement of new construction and the significant administrative cost it incurs. 02:37:39
In conclusion, BCR urges the City Council to prioritize existing housing policies. 02:37:44
Over the introduction of rent control. 02:37:50
We want to express our willingness to collaborate with the city and community education efforts and emphasize the need for 02:37:52
innovative, evidence based solutions over strategies driven by political pressure. 02:37:57
And that says. 02:38:03
Signed Juliet Eskimos, but also from Rob Leatherwood. 02:38:05
And that concludes public comment. 02:38:11
OK. 02:38:14
Thank you, Georgiana. 02:38:14
So we do have a recommendation, but can I ask a question real quick? So the recommendation is to receive a report on the statewide 02:38:16
rent stabilization ordinance and the city's authority related to the rent stabilization and tenant protection measures. 02:38:23
That doesn't mean that anything would happen, that just means that we would receive it. 02:38:30
Correct. It's just receiving the report we've given and then any direction would come from the council about if we if we wanted to 02:38:33
do anything else after. 02:38:38
Alright, are there. 02:38:44
If there's if. 02:38:45
I'll make a motion to receive the report. 02:38:47
And. 02:38:50
Just basically received the report. 02:38:51
Even file ohh receiving file yes. 02:38:53
I'll second. 02:38:56
The motion. 02:38:58
Yeah, I would just wanted to make a comment of everything we heard, if that's OK. 02:38:58
Well, we have a first and a first. We have to discuss. We have a discussion opportunity here, yeah. 02:39:04
Yeah, I think. 02:39:10
You know every. 02:39:12
Time. We have a City Council meeting. I look through the disbursement records and I I see. 02:39:13
A lot of familiar names that. 02:39:18
Participates in our Housing Assistant program. 02:39:20
I know, I know these people. 02:39:23
And I don't understand how it works, but I do see that the city. 02:39:26
Is subsidizing property owners, I believe, right? Is that how it works? 02:39:30
And so and and I'm amazed at how many. 02:39:36
People participate in that. 02:39:39
And I think. 02:39:41
I think. 02:39:43
Trying to stabilize rate rents in this fashion. 02:39:44
May. 02:39:49
Lead to. 02:39:51
Unintended consequences and. 02:39:52
They mentioned that LA, Oakland and San Francisco. 02:39:56
I don't want to live there. 02:40:00
I mean I see what's going on there and and those are the big three that have have went heavy on rent control and and rent 02:40:02
stabilization. 02:40:06
Ohh, so I I don't think, I think we we have opportunities to. 02:40:10
Assist people, and I know we do because I see the participation in our rental assistance program, our housing department. 02:40:15
And I think that's great. 02:40:22
And. 02:40:25
The biggest issue for me is. 02:40:26
This isn't a tried and chewed. 02:40:30
Program. 02:40:33
The state has a pretty aggressive rate stabilization program. 02:40:34
And we provide housing assistance to many people in this beautiful city of ours. And our budget, our budget right now is. 02:40:38
Kind of upside down. We have a structural deficit and we really can't. 02:40:48
Afford any additional spending at the time and I think we really need to. 02:40:52
Before we consider any discretionary spending, I think we really need to sit down and and really figure out our budget. 02:40:58
Just June 30 wasn't that long ago and we were told that we had a balanced budget. 02:41:05
And come to find out that we don't. 02:41:10
And we have a. 02:41:12
3. 02:41:13
$1,000,000 deficit and. 02:41:14
Our reserves are going down. So I hope that the you know. 02:41:17
We we we really can't afford right now. 02:41:21
This and I don't think this program is. 02:41:25
Viable for our city. 02:41:28
Mayor, if I could just clarify one comment. 02:41:31
Just. 02:41:34
May have been a a. 02:41:36
Misunderstanding, but I think there was a statement about subsidizing property owners, and I don't believe we subsidized property 02:41:38
owners. 02:41:42
I believe we just provide rentals through our affordable housing, but I'm going to look to our housing director to tell me if I'm 02:41:45
correct about that. 02:41:50
Do we do any? 02:41:56
Property owner subsidy. 02:41:57
Programs. 02:41:59
OK. That's what I thought. Thank you. 02:42:01
If it's not appropriate, then. 02:42:04
But. 02:42:06
Can. 02:42:07
We get an explanation as to. 02:42:08
Those disbursements go into to property owners who are landlords. 02:42:11
Because I like I said I know. I know several of them, yeah. And and I it just. 02:42:16
It just kind of follow up on that. OK, good because I've always wanted to understand how that works because in our disbursement 02:42:20
records you could see. 02:42:24
Yeah. 02:42:28
Yeah. 02:42:29
Any other comments? I have comments. 02:42:31
So I was the individual Council member who brought this issue up for discussion tonight. 02:42:34
And how it came here was I was brought to me to my attention. 02:42:40
That there was a woman, Rosie, a mother of three, who was a farm worker and a Mistico farm worker, who would have applied for rent 02:42:46
stabilization. 02:42:51
And went to Oxnard. 02:42:56
She's a resident of Port Winema and she went to Oxnard seeking rent stabilization because her rent was going up. 02:42:58
But she was heartbroken to find out that she was not eligible. 02:43:06
Umm. 02:43:10
To apply because she was a resident of Port Wanami. 02:43:11
O Let's say Rosie comes to Port Winema. Me. 02:43:14
What do we tell her? 02:43:17
What options do we have for people like Rosie who are living paycheck to paycheck? 02:43:20
And could, without one paycheck be homeless? 02:43:25
So I really liked what Maria Navarro had to say. 02:43:29
About considering emergency rental assistance. 02:43:34
Um, I like the fact that we, we, we could and we should probably view this action if we or this, this. 02:43:38
Proposed action. 02:43:46
If we decide to go in that direction, has an anti. 02:43:48
Displacement policy and a homeless protection policy. 02:43:51
And maybe there are ways we can better inform our public on. 02:43:56
What is available under the state laws? 02:44:01
And if so, I would like to amend the motion to include direction to staff. 02:44:04
To continue the discussion. 02:44:11
To work with the VCR and the other organizations that are out there. 02:44:14
And to UM. 02:44:19
To find out ways that we can assist our our residents and potential need. 02:44:22
Now I heard a lot of. 02:44:28
Uh. 02:44:31
Solutions pointing toward more housing. 02:44:32
Well, unfortunately, Port Wanami. 02:44:35
The housing situation is bleak. We are built out. 02:44:37
Any new housing is slow in coming. 02:44:41
So. 02:44:45
In the meantime, what do we do with people like Rosie? 02:44:46
You know, how are we gonna help people like that? 02:44:51
I think we need to find a stopgap. 02:44:53
And. 02:44:56
If friends, stabilization is not a stopgap. 02:44:57
Then maybe there are some other solutions. 02:45:00
That that staff can come up with and. 02:45:02
If we're not informing our public correctly about. 02:45:05
Being eligible under the state program that maybe we need to look at that. 02:45:08
I also have a question for our Housing Director and thank you Miss Basua, for being here tonight, but. 02:45:13
We have Section 8 housing. I I think it's called something else now. What's the waiting list on that? 02:45:18
Three years, OK. 02:45:27
My sister moved in with me 10 years ago. 02:45:28
And she applied for Housing Section 8 housing voucher. 02:45:31
10 years ago. She passed away two years ago and I just got a notice. 02:45:35
In the mail. 02:45:40
Asking if she wanted to continue. 02:45:43
Remaining on the list. 02:45:46
So. 02:45:48
While there are some solutions out there. 02:45:49
They're not solutions for somebody who who's living. 02:45:52
Paycheck to paycheck. 02:45:56
And who could be homeless? 02:45:58
Within the 30 within a 30 day period. 02:46:00
So. 02:46:03
I would like to ask. 02:46:04
If we could amend the motion to ask staff. 02:46:06
To go back and look at. 02:46:09
What can we tell people like Rosie? What can we tell members of our public? 02:46:12
Who need that housing assistance. 02:46:17
On what the city can do for them. 02:46:20
Whether it's. 02:46:22
Our own resources or it's under the state? 02:46:23
Law. 02:46:26
I don't wanna just. 02:46:27
Close this issue and say we're not going to look at it anymore. I wanna know that that the city's at least referring. 02:46:29
People correctly, I mean, if they're eligible for some kind of assistance. 02:46:35
Under the state, then then we should be. 02:46:40
Sharing that information with them. 02:46:43
So I I. 02:46:49
Build. 02:46:51
I feel very. 02:46:53
Bad for anybody like Rosie that's in that. 02:46:54
Position. 02:46:56
But then again, my first question is, is she in a? 02:46:58
A unit that doesn't qualify. In other words, maybe she's renting a condo that wasn't built before 1995. 02:47:02
And those are the type of things that I think I heard from our city manager that. 02:47:09
You know when you put this program together then? 02:47:13
You know. 02:47:16
Most of the people hearing are going to start calling and asking for assistance and they don't qualify and then they're upset. 02:47:17
Who are they upset with? 02:47:24
The city of Port Wanami. 02:47:25
You know the the state law is pretty. 02:47:27
Pretty generous, I think. 02:47:30
Going from state to state, so. 02:47:32
I just feel like. 02:47:34
You know. 02:47:36
Perhaps. 02:47:37
That example, you know, maybe it was a. 02:47:39
You know the the fact that. 02:47:41
The unit was was built after 1995. I don't know, we just don't know. But I I think I do think that the. 02:47:44
That. 02:47:50
We need to understand the programs that we have. 02:47:51
Looking at this disbursement records right now. 02:47:54
Sorry, when Mike went off. I'm looking at the disbursement records right now and there's a number of people participating in our. 02:47:58
Program whatever it is so. 02:48:04
Umm. 02:48:06
I would like to to understand how how these programs work. 02:48:07
Well, perhaps that's. 02:48:12
Justification for asking for an amendment to the motion so that we can learn a little bit more about. 02:48:14
The situation for residents here in Port Wanami. 02:48:23
What the need might be? 02:48:27
And what solutions we might have for them? 02:48:29
If they fall into this category. 02:48:32
I'm a I'm a a mom and pop. 02:48:35
Landlord. 02:48:38
I own property along with my family. 02:48:40
We try to be friendly landlords. 02:48:42
And we offer rates below market rate. 02:48:44
Or our apartments. 02:48:48
Umm. 02:48:50
And that's just the way my families. 02:48:51
Brought up. 02:48:53
But not everybody does that. 02:48:55
And umm. 02:48:57
You know you have some good landlords out there and you have some bad landlords. You know, it might not even have anything to do 02:48:59
with bad or good. 02:49:02
I I just, I just want to make sure that we are taking care of all of our citizens. 02:49:05
All our residents in Port Wanami. 02:49:10
And even though it's a small percentage. 02:49:12
They're the people who. 02:49:16
Bring food to our table. 02:49:19
Who washed dishes in our restaurants? Who serve as our meals? 02:49:20
I I think we owe it to them to. 02:49:25
Look into this a little bit further. Maybe rent stabilization is not the answer, but can we come back with? 02:49:28
Umm. 02:49:34
Some solution? 02:49:35
Mayor Yes, thank you. So I am not in a position to agree with rent civilization right now as well. I would like more information. 02:49:38
I would like community input. I want to know all other options. 02:49:44
And who are these individuals that? 02:49:50
Potentially reside in properties that may fall under this, but who are they? They could be people that don't even live in this 02:49:53
area and really don't qualify this because they make too much money already. We don't know who these people are that live in these 02:49:58
apartments, so I would like to find out. 02:50:03
Exactly who they are and what other options are on the table. 02:50:08
And that we could consider. 02:50:12
Also. 02:50:14
We need to be fiscally responsible and although I wish you would stop talking about how upside down we are on our budget, because 02:50:17
I don't think that's entirely true. 02:50:21
We do have some budget issues that are being corrected and I do not want to add to that if it's unnecessary. 02:50:26
So I would like to explore this. 02:50:32
Topic and others and find out other options if there are any and weigh the pros and cons of each of them and come back and have a 02:50:34
full discussion on it. 02:50:38
I just want to mention so, Council member Hernandez said. You know what? What can we do? What? What do we do right now? If it's OK 02:50:44
if I ask Gabby Missoula. 02:50:48
What do we do to help? 02:50:54
These individuals. 02:50:56
That are in those situations as of right now. 02:50:57
I don't know if you can come up to the. 02:50:59
Podium. 02:51:01
4/4 please. 02:51:04
That's a very loaded question. 02:51:12
Umm. 02:51:14
Council member Hernandez asked me what the wait list was. 02:51:15
It's three years and the reason it's three years right now, which is not a very long time if you really think about it. 02:51:19
About a year ago, our wait list was 10 years. 02:51:25
We've been issuing vouchers for the past year. 02:51:29
The problem is we don't have the inventory. 02:51:32
That is the problem when it comes to, unfortunately.