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Transcript

And welcome to the City Council meeting. Regular City Council meeting. 00:00:58
We are going to get started. The time is now 630 so I am going to call the meeting to order. 00:01:03
And we're going to go ahead and do a roll call, please. 00:01:11
Excuse me? 00:01:17
A council member is going to do the. 00:01:20
Pledge of Allegiance, please stand. 00:01:24
Is your right hand over your heart? 00:01:27
Ready. Begin. 00:01:29
I pledge allegiance to the flag. 00:01:31
You have the United States of America. 00:01:33
And to the Republic for which it stands. 00:01:35
One nation under God. 00:01:38
Indivisible. 00:01:40
For everybody. I like the way Madam Clerk was just going to go ahead and do it. She wasn't going to hold me accountable. I was 00:01:44
like, thankfully my button wasn't working. Great. Let's go ahead to the roll call. Thank you. 00:01:49
Councilmember. 00:01:55
Here. Councilmember Hernandez here. 00:01:58
Councilmember Perez here. 00:02:01
Mayor Pro Tem Lopez. 00:02:03
Here and Mayor Perez. 00:02:04
Here. 00:02:06
I mean, sorry. Thank you. 00:02:08
Here, so we're going to go ahead and move to our inspiration and that's going to be given tonight by councilmember. 00:02:10
Gama, so over to you, Councilmember. Thank you very much. I have a quick little PowerPoint to show you. 00:02:16
Be just a SEC. 00:02:23
So I really enjoy doing inspiration. I think it's the greatest part of the job, so. 00:02:26
Bear with me. 00:02:30
So Wanimi Beach cleanup has been in progress now for we're working on our 9th year. 00:02:33
And we have a lot of groups that participate. 00:02:38
None greater than Amgen. Amgen has been a big. 00:02:41
Participant over the years. 00:02:45
I think 5 or 6, maybe even 7 years they've donated money to buy us pickers. 00:02:47
They show up. 00:02:52
Wholeheartedly. 00:02:53
This is a couple years ago. 00:02:55
And then? 00:02:57
You know, not having enough buckets for Ampton is a good problem for our coastal environment and. 00:02:59
Generally speaking, we don't have enough buckets for Hampton, and let me show you why. 00:03:04
This was this year. 00:03:08
So with that I would like to introduce. 00:03:10
Jim Fisher. He's a senior director of corporate engineering and sustainability. 00:03:12
Thank you. 00:03:17
Thank you. Should I speak here? Yeah. 00:03:17
And they said, Oh yeah, this is working so. 00:03:19
Hi everyone. I'm Jim Fisher with. 00:03:22
Global engineering at Amgen. 00:03:24
I lead the environmental sustainability team there. 00:03:26
And I want to thank you for recognizing us and giving us this opportunity. 00:03:30
And also want to speak more? 00:03:35
To the. 00:03:37
Corporate environment at Amgen a little bit and then. 00:03:38
Kind of turn it over to the culture and and allow Tanya to speak a bit. 00:03:40
At Amgen, I think we're really fortunate to work for a company that. 00:03:44
Pushes for sustainability. 00:03:49
Several years ago, we're in the middle of our third and most aggressive sustainability program at Amgen. 00:03:51
And the board awarded us. 00:03:57
$200 million to deliver. 00:03:59
Carbon neutrality. 00:04:01
A 40% reduction in water and a 75. 00:04:03
Reduction in waste and so. 00:04:06
For me, it's really something that worked for a corporation that that. 00:04:08
That is so dedicated. 00:04:11
To environmental. 00:04:13
Sustainability. 00:04:15
But what also makes Amgen really unique? 00:04:17
Is the culture in which we work and that really is driven by the staff. 00:04:19
Right that. 00:04:24
Amgen culture is really a collaborative environment. 00:04:24
And a an environment where all the staff know that. 00:04:28
They're they're encouraged to always do the right thing. 00:04:32
And so. 00:04:36
That's what makes Amgen quite unique, and that's what makes Amgen a company that can. 00:04:36
You know, say things like we've been doing. 00:04:41
Coastal cleanup for 20 years now. 00:04:44
Our coastal Cleanup. 00:04:46
Activities span the globe with over 20 sites that participated in it, and there's just a laundry list of things. 00:04:48
That are happening because the staff are dedicated to this type of activity. 00:04:55
And there's one staff member that is the most passionate staff member that I know at the company, and that's Tanya Nunez. She'll 00:04:59
speak after this quick. 00:05:04
Video umm. 00:05:08
And Tanya is from. 00:05:09
All right. Thanks. 00:05:12
I'm happy to get this chance to talk about our coastal cleanup efforts. 00:05:23
We are part of this community. 00:05:28
And be a part of Amgen, a very responsible corporate citizen. 00:05:31
And the coastal cleanup is a very important part of this. 00:05:35
I'm really excited about Amgenst. 00:05:40
20th year of participation in International Coastal Cleanup. 00:05:42
Last year we had. 00:05:46
19 sites from around the globe participate with hundreds of staff members. 00:05:48
That's pretty impressive. 00:05:53
Events like International Coastal Cleanup help Amgen staff develop bonds that will last a career. 00:05:58
And it builds a sense of community within the company that extends beyond the local site into the global environment. 00:06:04
It's important for Amgen to show up for the local communities because we are an integral part of the local communities. 00:06:10
No matter where you are around the globe, there are ambulance staff members ready to take action and support for healthy planning. 00:06:17
And it is our duty and our privilege to take care of the environment. 00:06:25
Thank you. 00:06:30
Yeah. So I I hope you all feel as I do, that Amgen is truly inspirational when it comes to taking care of our coastal environment. 00:06:33
And Waite Me resident Tonya Nunez. 00:06:40
Chick ma sahoja foa. 00:06:43
Tanya Nunez, Chickasaw. 00:06:45
Sahee, that's my native Tong. 00:06:47
And it says hello, my name is Tanya Nunez and I'm Chickasaw. I come from the Chickasaw tribe. 00:06:49
I'm honored to. 00:06:54
To be here today. 00:06:55
With Jim. 00:06:57
Who came all the way from Colorado? 00:06:59
I grew up on the California coast. I grew up here in Port Wayne. Amy graduated from Winimia High School. 00:07:02
Have long, deep. 00:07:07
Rooted here in this. 00:07:09
Community My mother ran for Harbor Day Queen back in the 50s. 00:07:10
So that kind of shows you, but I have 5 generations here. 00:07:15
In the community, so I'm really inspired by our staff who take days out to. 00:07:18
Dedicate, they don't have to get up on a Saturday to volunteer, but they do. They come out and we had 100 and over 180 volunteers 00:07:24
go out for coastal cleanup this year. 00:07:29
That says something because they can stay in bed and sleep. It's Saturday, they don't have to go to work, but for them to show up 00:07:34
and join me and for me to be able to share my passion of where I grew up. 00:07:39
Fishing on the pier and walking Ormond Beach. 00:07:44
And showing them, hey, this is where I grew up as a little girl fishing with my father on this California coast. 00:07:47
I think I get inspired by that. 00:07:53
I guess I like to look at it is like a mother watching her children open her Christmas. 00:07:55
Present watching her children. 00:08:00
Opened her Christmas presents and their expressions. I do a lot of other volunteer works we take. 00:08:01
Volunteers out to anacapa islands and seeing somebody from. 00:08:07
Place where there's no ocean and watching a. 00:08:11
Dolphin or well breach out of the ocean and their expression is like wow, you live here. 00:08:14
I take it for granted because I've lived here all my life. 00:08:18
But to see somebody else enjoy, get. 00:08:21
Through their eyes, that's the excitement that I get out of it. 00:08:23
I just wanted to give a little shout out to the Chumash people, the original caretakers of this land. 00:08:27
They inspire me every day. 00:08:33
I don't know if you guys can tell, but I'm wearing my. 00:08:35
Ribbon scope, which is a native tradition handed down by our grandmothers. 00:08:37
And that's something special. And I wore that today just to be here to represent my culture and who I am. 00:08:42
Just like this community, Amgen is a melting pot of diversity. We've got so much culture amongst. 00:08:47
Our staff and so for us all to come together. 00:08:53
To support our community is. 00:08:57
Very inspiring. 00:08:59
Somebody that was going to be here tonight that couldn't make it windy. Delgado, who led this community effort this year. Each 00:09:00
year we have somebody else. 00:09:04
Leading our. 00:09:08
Planet with a city of port Wayne me our closer cleanup and Wendy wanted to be here but she had other prior and. 00:09:09
Engagements and couldn't be here today, but I would like to give a shout out to her because she did lead the port windy efforts. 00:09:15
I was more focused on the global efforts with over 20 sites. 00:09:22
Participating in Coastal cleanup this year, we beat our records from last year. In the video it said 19. 00:09:26
This year we had 20 sites. 00:09:31
From Singapore Island, Rhode Island, Singapore. 00:09:33
Ireland. 00:09:37
The Netherlands. We had Puerto Rico. 00:09:39
There was just so many of us all coming together and having the resources to support them. That was my job this year. 00:09:44
And again, I want to thank all of you. City Council member want to give a special shout out to Stephen Gama for making it so easy 00:09:51
for volunteers to go out on a Saturday. 00:09:56
And volunteer because if it wasn't for him. 00:10:01
We put and couldn't do what we do. So thank you Stephen for allowing us to partner with the city of Port Wayne, me on not just. 00:10:03
Coastal Cleanup, but every Saturday. 00:10:09
Thank you. Thank you. And we have a little certificate for you of inspiration. And I do want to add that Amgen is so big. 00:10:11
How big is it? 00:10:18
We have 3 or 4 different. 00:10:19
Groups from Amgen that come out. 00:10:21
And, and it's really inspiring. So this is just the research and engineering group. 00:10:24
But there's the global marketing group and. 00:10:29
Another group, I can't recall the name, so we appreciate the effort and. 00:10:33
Anyone willing to? 00:10:37
And wanting to come out, come out every Saturday and I'll present this to you and. 00:10:38
Thank you. 00:10:43
123. 00:11:07
Yeah, welcome. 00:11:23
And thank you, Councilmember Gama. We're going to move on to public comments. So we're going to hear public comments not 00:11:30
pertaining to the items on the agenda. 00:11:35
Madam Clerk, do we have any public comments? There will be 3 minutes. 00:11:40
Yes. And I just wanted to note that we did receive written public comments. They were provided to the City Council prior to this 00:11:43
meeting. In addition, they have been posted to the cities website and included in the agenda packet binder that's just outside 00:11:48
this council chamber for the publics review. 00:11:53
The first person for public comment. 00:11:59
Becky Bruno. 00:12:01
And that will be followed by Paul Quigley. 00:12:02
Good evening, Mayor. Mayor. 00:12:11
Him, council staff and audience. 00:12:13
I'm here tonight representing Rook up the Outdoors. 00:12:16
This Sunday will be our last. 00:12:19
Fishing day of the year. 00:12:22
And we are going to have a costume contest, so make sure your kids wear their costumes. 00:12:24
And come out and just have a great time. We'll be there from 8:00 to 11:00. 00:12:31
Thank you. 00:12:36
Paul Quigley. 00:12:37
Sarah Wachowski, you'll be next. 00:12:45
Good evening. 00:12:51
I'm Paul Quickly. 00:12:52
But when you mean homeowner? 00:12:55
I wanted to thank the City Council for giving me the opportunity to speak. 00:12:57
This evening. 00:13:00
And to express my concerns about the. 00:13:01
The short term rental ordinance which I understand in. 00:13:05
First training is going to be two weeks from today. 00:13:07
I recently purchased a home. 00:13:13
Just east of the base my. 00:13:15
What I want to do? 00:13:17
Is move up. 00:13:18
Retire I. 00:13:20
Deliver work in Santa Monica, but. 00:13:21
Helping retiring. 00:13:23
Soon SO. 00:13:25
What my name? You really appealed to me as a Really. 00:13:27
Small seaside community, very friendly, very intimate. 00:13:30
And I really. 00:13:33
Feel welcome here. 00:13:34
But. 00:13:37
When I attended the meeting back on June 25th. 00:13:38
There was a lot of discussion about this survey. 00:13:42
I want to talk about 3 things. I want to talk about the survey. 00:13:46
I want to talk about. 00:13:51
But I think that should be a. 00:13:52
A more. 00:13:55
Sound approach on. 00:13:57
A regulatory strategy. 00:13:58
And I want to talk about. 00:14:01
A little bit more about my own personal situation. 00:14:02
And why? 00:14:04
Short term rentals. 00:14:06
Make a lot of sense in my situation. 00:14:07
My concern? 00:14:10
With the survey. 00:14:12
Mainly as. 00:14:14
The way the sample. 00:14:15
Size was selected. 00:14:17
It's a really very small 200. 00:14:19
200 respondents out of. 00:14:23
You know, which represents less than 1%. 00:14:24
Of the entire population. 00:14:28
I think it's. 00:14:30
I think it's very anecdotal. It's. 00:14:31
It's useful information. I think it's. 00:14:33
My concern is that. 00:14:36
The city may be running with. 00:14:39
With data which? 00:14:41
Is very limited in terms of validity and doesn't really represent. 00:14:43
What I would call a meaningful cross section of. 00:14:48
The city population and the entire. 00:14:53
Housing inventory in the city. 00:14:56
The survey fails to point out a single problem with short term rentals. 00:15:01
I don't know. I don't know if you. 00:15:05
And I was taken back by that. 00:15:08
There are 50. 00:15:11
Properties involved with short term rentals and. 00:15:15
In the city. 00:15:18
That's like out of 8000 housing units. So it's like. 00:15:20
Well, what's the problem? 00:15:23
But the. 00:15:26
The next thing I really wanted to. 00:15:29
Mention here is that. 00:15:33
That there's a better way in terms of. 00:15:34
Developing this ordinance, it's. 00:15:39
Getting getting to what the problems are right? 00:15:42
If it's a noise problem, focus on the noise, don't try to. 00:15:45
Over regulate. 00:15:48
And dictate turn turn. 00:15:50
Terms that relate to. 00:15:52
Maximum number of occupants per house. 00:15:54
Sir, we're gonna let you finish your sentence. So finish your sentence and your time is up. 00:15:58
Thank you. OK. 00:16:02
All right, so anyway. 00:16:03
Yeah, go. 00:16:07
What I'm seeing is a survey that. 00:16:08
Is very biased. It's it's really. 00:16:10
An opinion survey. It's a start, but get more. 00:16:13
Definitive information on where these problems are. 00:16:17
Thank you. An ordinance around that? 00:16:20
Thank you. 00:16:22
Around that your 3 minutes is up Sir. 00:16:23
Around those problems. OK, yeah, I didn't, I didn't realize I. 00:16:25
I had a 2 minute limit, 3 minutes. I appreciate the opportunity. 00:16:28
And. 00:16:33
Look forward to. 00:16:34
Uh. 00:16:35
Third reading, Thanks. 00:16:37
City Manager, I'll just note, I know it was mentioned, but the we are scheduling that ordinance to be heard at the next council 00:16:40
meeting. 00:16:43
And so there will be an opportunity for further discussion at that time. 00:16:48
Yes, thank you for your comment. 00:16:51
Hi, good evening, Mayor McQueen Lejeune. 00:16:54
City Council and city staff. 00:16:58
My name is Sarah Wilchesky and I am here as part of 805 Immigrant Rapid Response Network and 8:05 and DOCU Fund. 00:16:59
On October 1st, I just received a huge boost of their funding. 00:17:06
And since then we have. 00:17:10
Since then, we have only seen them. 00:17:11
Get more aggressive and more dangerous in their actions. 00:17:13
While we have not seen another glass house yet. 00:17:17
It is only a matter of time. 00:17:20
Just last week they rammed a volunteer responders car. 00:17:23
And arrested him. 00:17:27
That made national news. 00:17:30
And just happened next door. 00:17:32
In Oxnard. 00:17:34
It is now October 20th. 00:17:36
And we need you to take. 00:17:38
Tangible action. 00:17:39
We need you to support our vulnerable immigrant neighbors. 00:17:42
Continue to investigate what other cities are doing to stand up for their immigrant communities. Host a forum where these issues 00:17:46
can. 00:17:49
Be openly discussed. 00:17:52
Host an immigrant resource. 00:17:54
Workshop like. 00:17:56
Moorpark. 00:17:58
Santa Paula created an immigrant. 00:17:59
Recreation Committee. 00:18:01
Oxnard and several other communities have offered their support to the Vasquez Perdomo V Gnome. 00:18:03
Lawsuit and are looking into joining. 00:18:07
Newsom V Trump. 00:18:11
Please consider signing a common interest agreement in both of these lawsuits with the plaintiffs. 00:18:14
Please consider allocating. 00:18:21
Portion of the Community benefit fund. 00:18:23
Towards immigrant legal defense and education. 00:18:25
There's so much that can be done to support our immigrant community. 00:18:28
And these are just a start. 00:18:31
And to the community. 00:18:36
If you see any ice activity or have been impacted by them. 00:18:37
Please call or text the 805 Undocumented hotline at 8:05. 00:18:41
870. 00:18:45
8855. 00:18:46
You can also text alerts. 00:18:47
Or alert us. 00:18:49
To the hotline to receive alerts when we have a confirmed ice sighting. 00:18:50
You can also volunteer with us. We haven't. 00:18:54
Upcoming training in Newbury Park on Monday. 00:18:56
Thank you. 00:18:59
Thank you. 00:19:00
That concludes public comment. 00:19:01
Great. Thank you. 00:19:03
Will now move on to agenda approval. May I have a motion and a second to approve the agenda? 00:19:05
So moved. 00:19:12
2nd. 00:19:13
Madam Clark. 00:19:15
All in favor. 00:19:15
Aye, all opposed. 00:19:16
Hearing none, motion passes unanimously. 00:19:18
Thank you. 00:19:21
Do any members of Council have any conflict? 00:19:22
Of interest to disclose regarding any of the agenda items. 00:19:24
We're going to move on to presentations. We first have Down syndrome Awareness Month proclamation. 00:19:32
And that's going to be. 00:19:38
Presented by. 00:19:41
Councilwoman. 00:19:43
Councilmember Perez. 00:19:44
And we're going to ask at this time that police chief. 00:19:46
Frederico. 00:19:49
And representative of Winemie Elementary School District. Come on down while we read the proclamation. 00:19:52
All right. 00:19:59
I am reading the Down syndrome Awareness Month Proclamation October 2025. 00:20:02
Whereas October is designated as Down syndrome Awareness Month. 00:20:07
And whereas Down syndrome is the most survivable genetic different. 00:20:11
Affecting one in every. 00:20:15
733. 00:20:17
Live births in the United States. 00:20:19
And whereas. 00:20:21
Trisomy 21, the most common type of Down syndrome, is caused by. 00:20:24
An extra third copy of the 21st chromosome. 00:20:28
And whereas the genes on the extra chromosome interact with other genes, causing varying degrees of learning difficulties. 00:20:33
As well as physical disabilities. 00:20:40
The learning difficulties or degree of intellectual disability. 00:20:42
Can be mild to severe. 00:20:46
But most commonly fall somewhere in the moderate area. 00:20:48
And whereas individuals with Down syndrome. 00:20:52
Have physical charac. 00:20:55
Characteristics similar to a family. 00:20:56
Or ethnic resemblance. 00:20:58
Individuals with Down syndrome are also just that. 00:21:00
Individuals. 00:21:03
The effects of the extra chromosome. 00:21:04
Do not affect each person the same. 00:21:06
The exact same way. 00:21:08
There are common physical character. 00:21:10
Heuristics of Down syndrome. 00:21:12
Among individuals, however. 00:21:14
The degree of physical. 00:21:16
Characteristics also varies among individuals. 00:21:18
And whereas children with Down syndrome are educated in many different ways. 00:21:20
However, early intervention and early education are key to the individual's development. 00:21:25
Some individuals participate in special needs education. 00:21:31
And also all inclusive education settings. 00:21:34
Including extracurricular. 00:21:37
Programs for both of those areas. 00:21:39
And whereas many adults with Down syndrome. 00:21:42
Live independently. 00:21:44
Live in living programs or with their families. 00:21:46
Many individuals have jobs either working independently or with a job coach. 00:21:49
Some individuals attend day programs that focus on special activities. 00:21:54
And whereas people with Down syndrome. 00:21:59
Often find a lot of satisfaction in the activities that they participate in and experience. 00:22:01
Most individuals with Down syndrome. 00:22:07
Grow. 00:22:09
Learn and function well within all communities. 00:22:09
One area of strength for individuals with Down syndrome. 00:22:13
Is their social skills. 00:22:16
Which often exceed their academic achievements and help them to achieve a happy and productive life. 00:22:17
Now therefore be it proclaimed that the City Council of Port Winemie. 00:22:24
Hereby recognizes October 2025. 00:22:28
As Down syndrome Awareness Month. 00:22:31
In the city of Port Wayne, ME. 00:22:33
And encourages the community to support the quality of life. 00:22:34
For individuals with Down syndrome. 00:22:38
By promoting inclusion. 00:22:40
Acceptance, community connections, and awareness of individuals with Down syndrome. 00:22:41
Proclaimed this 20th day of October 2025. 00:22:47
And thank you. And as in the Pasture Police Department. 00:22:54
Will be wearing our blue and yellow. 00:22:57
Sport Down syndrome awareness pins. 00:22:59
Your commissioner cameo here is also wearing her blue pin here on her. 00:23:02
Her her blue and yellow ribbon with the badge on it as well. 00:23:06
Here we have for you tonight. 00:23:10
Our friends across the street. 00:23:12
From our Waimea school district. 00:23:14
Superintendent Christine Walker's hiding back there and. 00:23:17
Super awesome leader amongst us. 00:23:20
And who we invited here tonight was. 00:23:23
Staff from the. 00:23:27
The special needs education department. 00:23:29
Which is Stephanie and Aaron. 00:23:32
And Stephanie is their director. 00:23:34
And. 00:23:36
Most parents in the special needs world will remind everybody. 00:23:38
In this great country of ours, we don't. 00:23:42
Need to put our kids with special needs in private schools? 00:23:45
Some of the best education that comes to our kids with special needs is from our public schools. 00:23:49
You just need a combination of two things. 00:23:54
You need. 00:23:56
Teachers and staff that care. 00:23:58
And you need to make sure that there's funding for it. 00:24:01
In the schools. 00:24:03
And we're fortunate to have that so. 00:24:04
We have great staff here. 00:24:07
In this school district. 00:24:09
And we're happy to have them here. 00:24:11
OK. 00:24:16
Hello. 00:24:18
I wanted to say something too. 00:24:21
I took a bit short though, my dad told me. 00:24:27
So I want to say. 00:24:31
About those these these two teachers. 00:24:33
Because they. 00:24:39
Pretty good and I want to say they. 00:24:42
I wanted to thank them. 00:24:46
They happened teaching. 00:24:51
The specialist, the students with Darling Drum, just just like me. 00:24:54
Because. 00:24:59
I also have. 00:25:01
Umm doesn't do them too. And I asked Butcher knees too. 00:25:02
And I want to say. 00:25:07
I want to thank them. 00:25:10
For their support and I want to thank them for. 00:25:13
Good job for changing them. 00:25:18
To teach them love and change and teach them. 00:25:20
Has it be? Has it be? 00:25:24
Praise my and it needs to be. 00:25:28
To be more. 00:25:32
Independent to. 00:25:35
For their independence. 00:25:38
And they had to be. 00:25:41
And I don't just like me. 00:25:43
I am 26. 00:25:47
Years old. 00:25:49
And they have to be. 00:25:50
Very umm. 00:25:52
Very unpredictable. 00:25:56
What their lives? 00:25:58
Thank you. 00:26:01
Well, thank you for having us tonight. 00:26:13
My name is Stephanie Barnes and I am the Director of our People Support Services at Winimi Elementary School District. This is my 00:26:15
colleague. 00:26:19
Erin Murphy, She's program specialist, but. 00:26:23
The honor is all ours. 00:26:27
To serve our students and our families. So thank you again for for having us tonight. 00:26:28
So thank you. 00:26:34
Thank you. 00:26:36
And present the proclamation and get a photo. 00:26:40
123. 00:26:59
Good job, Cameo. 00:27:14
Good job, Cameo. 00:27:18
And thank you all for coming out. 00:27:22
And we're going to move to our next proclamation. 00:27:24
It's in recognition of Cybersecurity Awareness Month, so I'd like to welcome our Deputy City Manager, Charles. 00:27:29
Carettes and our IT manager. 00:27:35
Aaron Wiedemeyer. 00:27:37
While they come up, Councilmember Hernandez is going to read the proclamation. 00:27:39
Thank you, Mayor. 00:27:44
October 2025 is National Cybersecurity Awareness Month. 00:27:46
WHEREAS, October is known as National Cybersecurity Awareness Month and is intended to raise awareness of protecting our data and 00:27:50
technologies from malicious hackers and cyber threats. 00:27:54
And whereas, the theme for Cybersecurity Awareness Month 2025 is Stay Safe Online. 00:28:00
And whereas we recognize the importance of support, why NIMI citizens realizing the positive impacts? 00:28:06
Of our digital future. 00:28:11
And WHEREAS, we encourage all Port Wine EMI residents and city staff to learn more about cybersecurity. 00:28:13
In both their work. 00:28:19
And home environments and whereas the city works actively. 00:28:20
To instruct. 00:28:24
And test staff. 00:28:25
And City Council members, it should say, e-mail users on social engineering. 00:28:26
Phishing attempts and whereas while cyber security awareness is important. 00:28:31
To address. 00:28:35
Year round, Cybersecurity Awareness Month provides A dedicated time. 00:28:36
To remember each of us has a part to play in keeping ourselves. 00:28:40
And others safe. 00:28:44
And whereas, according to the National Cybersecurity Alliance, 2023. 00:28:45
Oh, behave. Report 84. 00:28:50
84% of people considered online safety a priority. 00:28:52
But only 38% of people used unique passwords. 00:28:56
For all their accounts. 00:28:59
And whereas we use this month to honor all of the cybersecurity professionals. 00:29:01
Who are working tireless to defend our digital world now therefore be it proclaimed that the City Council of the City of Port 00:29:05
Wayne, me does. 00:29:09
Hereby recognize October 2025. 00:29:13
Has Cybersecurity Awareness month. 00:29:16
And encourages the community to spread awareness for this important. 00:29:18
Proclaim this 20th day of October, 2025. 00:29:22
Charles Aaron, thank you for your good work. 00:29:26
Well, thank you for the proclamation and thank you for the opportunity to to share that information We all. 00:29:29
Hear stories in the news about cyber attacks and and hacking stories so. 00:29:35
We know that we should be mindful of cybersecurity dangers, but for too many of us I think it falls lower on the To Do List so. 00:29:41
It's important that we take moments like this to pause and reflect and think about. 00:29:47
The things that we can do to make sure that we are. 00:29:52
More secure. Just last week the Ray Puter library had an event. 00:29:55
To share information to members of the public. 00:29:59
About cybersecurity concerns and things they can do to be safer. 00:30:02
And we wanted to take this opportunity. 00:30:05
To have the proclamation and share some information. 00:30:07
In that regard as as well so. 00:30:09
With that. 00:30:11
I'm going to turn it over to Aaron Wiedemeyer, our IT manager, who can share a few words about the things that the city does. 00:30:12
To stay safe. 00:30:18
And some tips and tricks for members of the public as well. 00:30:19
Thank you. 00:30:22
I'd also like to thank City Council for taking the time to recognize the continuing importance of cybersecurity. 00:30:24
With this proclamation and also with your continued support in approving the budgets when we make those requests for those. 00:30:30
Items. 00:30:37
It's extremely important to remember that cyber criminals do not take a day off. 00:30:38
They are always. 00:30:44
Busy trying to hack into our systems and it's equally important for city staff. 00:30:48
And for the public? 00:30:55
To be. 00:30:56
Cognizant of those activities. 00:30:58
The city does have extensive protections in place. 00:31:01
We have our Internet firewalls. 00:31:04
We have antivirus software on all of our computers. 00:31:07
We do regular penetration testing to. 00:31:11
Find potential issues that we need to address. 00:31:14
And again the. 00:31:18
Continual staff training to recognize those attempts at fishing. 00:31:20
As a gateway to get into our network. 00:31:25
City residents may not be able to afford full firewalls. 00:31:28
But it's extremely important to keep their antivirus software on all of their devices and to keep that. 00:31:33
Software up to date. 00:31:39
There are many vendors on the Internet who provide free antivirus software. 00:31:41
If you do a Google search or whatever your favorite browser is. 00:31:47
You can find many of those services for free. 00:31:51
And like Mr. Perez mentioned, the local agencies like the Ventura County Library continued to have that. 00:31:56
Education for the public. 00:32:03
Generally, I believe it was free. 00:32:05
Free stuff, so it's important to be aware of. 00:32:07
Those emerging cyber threats and, and those are excellent places for. 00:32:12
The public to go to. 00:32:17
Residents should really remain vigilant. 00:32:21
About the phishing e-mail attempts. 00:32:23
And one simple example is if you're not expecting something from your bank or from a vendor. 00:32:26
Don't click on any of the links. 00:32:33
If if you're concerned about what happened there. 00:32:35
Use your independent saved link that you use on a regular basis to go to the. 00:32:39
The bank or the website or if you have an app on your phone, use your app on your phone. Don't click on any of those links. They 00:32:44
may look like they are legitimate, but. 00:32:48
They're probably not. 00:32:53
And then in closing. 00:32:56
The old adage remains true even in our digital world. 00:32:57
If it seems too good to be true. 00:33:01
It probably is. 00:33:03
I have a question. Thank you. Yes. 00:33:06
Can you? 00:33:08
So when I look at antivirus software and and you know all that. 00:33:10
Sometimes I feel like, well, this could be. 00:33:14
A fishing What about this one? What about that one? So. 00:33:17
Could you provide us a list of what? 00:33:21
You, the expert, would recommend as a top three. 00:33:23
For us to consider. 00:33:27
Is that possible? 00:33:28
I'm not prepared with that, to tell you the honest truth. 00:33:29
Can I remember the name of the one I? 00:33:34
Personally at home. 00:33:36
I can't. Yeah. Maybe that's something you can bring back to us. 00:33:39
OK, umm. 00:33:43
Yeah, I could like I say the the if you do the the search on the Internet, especially for the free services and. 00:33:44
They come up. They're the top list in. 00:33:52
If you look at any related reviews, you'll see who is doing a good job, but pretty much all of them do a good job. They do want 00:33:56
you to pay for service. 00:34:01
They will send you an ad every week or month saying hey. 00:34:07
While you have the basic security on, we could do all this extra stuff for you. 4 feet. 00:34:11
But that basic security is really. 00:34:16
The important first level of protection so that you. 00:34:19
Keep your devices secure. 00:34:22
Great. Thank you. Any other questions? 00:34:26
Any questions? 00:34:28
Thank you for your report. Thank you so much for your presentation. 00:34:29
I'm going to present the proclamation. Yes, sorry, I want to. 00:34:33
Do something a little different, have the mayor, mayor Pro Tem, I present this and then the rest of the council. 00:34:37
Sure. Come on, Mayor Pro Tem. 00:34:43
Sure. 00:34:45
123. 00:35:05
Thank you, Aaron. Thank you, Charles. 00:35:10
And for our final presentation, we have. 00:35:25
With US Beacon executive director Mark. 00:35:28
And forgive me, I don't. 00:35:31
Pronounce your name correctly. Have a couple of them. Baylor will be given a presentation via Zoom. I understand we will be joined 00:35:33
by. 00:35:36
Doctor Kiki. 00:35:40
And let's see. And then we have Mr. Oh. 00:35:45
Mr. Brian Brennan. 00:35:48
Here in person. 00:35:50
OK, wonderful. 00:35:52
So thank you all for joining. So we'll turn it over to you, Mr. Baylor. 00:35:54
Yes, thank you. I hope you all can hear me well. 00:36:02
Yes. 00:36:05
Yes, we can. 00:36:09
Well, thank you for. 00:36:11
Inviting Beacon to provide a little background. 00:36:13
To the City Council today, I want to say. 00:36:16
Beacons excited to. 00:36:19
Attend City Council again. 00:36:21
Meeting of the Port Windy City of Port Wayne, ME City Council. 00:36:24
And I'm always, I'm going to say this as I start I'm. 00:36:27
Always blown away. 00:36:30
By the level of citizen. 00:36:32
Government representative. 00:36:36
It's just, it blows my mind, the partnership that I see in your community. 00:36:39
So as somebody who? 00:36:44
Had to follow amazing presentations I just can't even imagine. 00:36:45
And I go to a lot of civic. 00:36:49
Functions. 00:36:51
You're blessed. 00:36:52
With the people that live. 00:36:54
In Port Winemian, support all your actions and I think they're blessed to have you as well. 00:36:55
So with that. 00:37:00
If I can, I just wanted to. 00:37:01
Before I. 00:37:03
Turn on my. 00:37:04
Zoom say that yes I'm. 00:37:05
Supported today by Doctor Kiki Patch from Cal State University, Channel Islands. 00:37:08
Just. 00:37:12
Up the street. 00:37:13
And by Brian Brennan, who was. 00:37:15
Just up the street the other way. 00:37:17
In Ventura. 00:37:20
Who's a special projects representative? 00:37:22
And I want to thank you for letting me come not. 00:37:26
In person tonight. 00:37:29
Which I've done in the past, but by Zoom. 00:37:30
To accommodate. 00:37:33
My situation, my condition tonight, so. 00:37:35
Thank you very much. 00:37:37
I do want to just say a few things. 00:37:38
Few words about Beacon before I get into the. 00:37:40
Several points I want to make. 00:37:42
In response to the invitation. 00:37:44
But let me see if I can share my screen. 00:37:46
And. 00:37:49
Get it up. 00:37:54
And start it. 00:37:56
And now you should all be able to see my screen. 00:37:58
Is that correct? 00:38:03
Yes. 00:38:06
Thank you very much for telling me that. 00:38:07
So as I said, I wanted to start. 00:38:09
With just. 00:38:12
A couple background points. 00:38:15
I know you're all very educated and you spend a lot of time on the topics. 00:38:17
But I just want to remind us all. 00:38:21
Of the landscape. 00:38:24
A beacon. 00:38:25
And the structure of Beacon. 00:38:26
So Beacon covers what we call the Santa Barbara Littoral cell. 00:38:28
From the source of our sediment and sands. 00:38:32
To the in state of the loss of our sediment and sands in this natural catchment area. 00:38:35
Drained by our river streams. 00:38:40
And creeks. 00:38:42
That are served by our regional. 00:38:43
Coastal draining watersheds. 00:38:47
Very important. 00:38:49
Landscape and beacon. 00:38:51
Is is comparisons of the six coastal cities in the South Coast. 00:38:53
We know it sometimes. 00:38:57
And the two counties. 00:38:59
And our beat. 00:39:01
As it were. 00:39:03
Our our sandy beaches and our coastal resources. 00:39:04
And in a large measure. 00:39:08
Santa Maria sand. 00:39:10
And Kuyama sand. 00:39:13
Is Santa Barbara and Ventura's beaches. 00:39:15
It's a very long scale. 00:39:19
Presentation. 00:39:20
But that's how the system dynamics works and you'll. 00:39:21
You know that and we'll talk about a little bit tonight. 00:39:24
It's with also a bit of humility that I say that Beacon is supported. 00:39:28
By the 8 member jurisdictions with. 00:39:33
And that you, the City Council and your staff and your representatives. 00:39:36
Have supported. 00:39:40
A beacon is part of the. 00:39:41
Partnership. 00:39:43
And the. 00:39:44
Chorus, as it were. 00:39:45
Of trying to advance our policy of. 00:39:46
Preserving our coastal resources while providing for. 00:39:48
A very robust human use. 00:39:51
So with that, I just want to say a couple things. 00:39:54
That. 00:39:57
What? Why Beacon? 00:39:58
Why would you? 00:40:01
Get together with your. 00:40:03
Colleagues and other jurisdictions. 00:40:04
One because of scale because. 00:40:06
The littoral cell really is a very large 100, almost 150 miles. 00:40:08
Geography of our coast. 00:40:12
And because. 00:40:14
We again as we do our projects. 00:40:15
Preserving our sandy beaches through a variety of means, but meets nourishment is 1. We know in the absence of this. 00:40:18
Management activity and enhanced activity. 00:40:25
We really do. 00:40:27
Have the threat of losing. 00:40:30
A great deal of our sandy beaches. 00:40:32
And as well as our coastal infrastructure. 00:40:35
So we support. 00:40:39
Beach nourishment projects in a variety of locations in the region. 00:40:40
Environmentally, ecologically sound. 00:40:44
Beach nursing projects. We don't want to destroy the beach to save it. 00:40:47
We want to preserve it for multiple values of its habitat. 00:40:51
It's cultural, it's economic. 00:40:55
For all the values. 00:40:57
That it represents. 00:40:59
It's very inspiring to hear. 00:41:02
About. 00:41:04
The beach cleanup efforts Both. 00:41:04
Your city. 00:41:07
But also again of your partnership and to hear the stories of people who volunteer based on. 00:41:09
In some measure. 00:41:14
What they did with their parents when they were children. 00:41:16
How they learned about. 00:41:19
The place they say they love and that they want to save and preserve for their children. 00:41:21
It's amazing, just amazing stories. 00:41:26
But one of the reasons we want to save our beach is for. 00:41:28
Our own use and for future. 00:41:31
Generations use. 00:41:33
Beacon is particularly. 00:41:38
Active. 00:41:39
In collaborating to continue to develop the continued nourishment of Winemie Beach. 00:41:40
And we do this through a variety of means. 00:41:47
And I'm not going to report them all except to say that. 00:41:49
In the absence of this coordination and collaboration. 00:41:53
We will not. 00:41:57
Mobilize sufficient resources. 00:41:58
To keep this enterprise. 00:42:00
Fully funded and operational. 00:42:03
And even with that. 00:42:06
It's a very difficult enterprise. 00:42:07
And we'll just talk about the scale and the. 00:42:10
And the structure of why we do. 00:42:12
The bypassing to provide beach nourishment currently on. 00:42:14
Winimi Beach and why it's a continuing obligation. 00:42:19
And that's why we have a larger partnership. 00:42:22
And we're very committed to this. 00:42:24
Partnership. 00:42:26
In support. 00:42:27
So, Long story short. 00:42:28
The development of the port of Winimi, both the civilian port of Winimi and the military. 00:42:31
Naval Base. 00:42:36
Has had long, immediate and long standing impacts on the down. 00:42:37
Sure, current. 00:42:42
And the littoral drift. 00:42:44
Supplying sand to our. 00:42:46
Beaches and this was noted. 00:42:49
Early. 00:42:52
In the. 00:42:52
Operation of the two operations and a plan to address this. 00:42:54
Started in the 50s and you know this story, but it bears. 00:42:59
Repeating. 00:43:02
That again in the absence of action. 00:43:03
We would have already lost these beach resources and you've seen that in previous times. 00:43:06
When we didn't put enough sand on the beach. 00:43:11
2013 would be. 00:43:13
The case study of that. 00:43:14
Let me go back please and I know I only have a short time. 00:43:16
What I want to? 00:43:21
What I want to describe is. 00:43:22
What is the solution? 00:43:24
For the maintenance. 00:43:26
Of Wanimi Beach. 00:43:28
Its continued regional sediment management activities. 00:43:30
And sand bypass. 00:43:33
Because it is. 00:43:35
That is the solution for the problem we created with the installation of the bases and it interrupts the sand. 00:43:36
And the sand is then collected. 00:43:42
As a function of the engineering of Channel Islands Harbor. 00:43:44
And then mechanically. 00:43:47
Dredged and pumped. 00:43:49
To the City Beach. 00:43:50
On a federal obligation. 00:43:52
Both federal Corps of Engineers. 00:43:53
And the US Navy. 00:43:55
And it takes a village. 00:43:57
To maintain these systems that are very complex, very large scale. 00:44:00
And require many people to. 00:44:06
Partnership over many generations. 00:44:08
Of leaders and citizens. 00:44:11
Because remember now we've said this has been. 00:44:13
Planned for since the 50s, but this bypassing operation has been in operation since. 00:44:16
1963 I believe 1964. 00:44:20
To some great success and when it. 00:44:24
Falls fail. 00:44:26
Or it stumbles. 00:44:28
We see the results of that. 00:44:29
I just wanted to. 00:44:32
Remind us. 00:44:33
Because not always go out and see. I was recently out to see some of the dredging and some people have showed me some pictures 00:44:34
even of the current dredging, the scale of operations. 00:44:38
This is a very large scale, very expensive operation. 00:44:42
And I dare say that we need an integrated. 00:44:46
Partnership strategy. The federal state. 00:44:49
Regional and local. 00:44:52
Efforts to keep it going in the way that we. 00:44:55
We want to have a sustained beach. 00:44:57
On in Wynemie. 00:45:00
And just to conclude with this very. 00:45:04
Overview Uh. 00:45:08
Story of why we're doing what we're doing. 00:45:10
And we can get into. 00:45:13
Suggestions for? 00:45:14
Improvements and variations, but why we're doing this? Why we need to continue to do it? 00:45:16
Why it requires our support even as we. 00:45:21
Advance the state-of-the-art to. 00:45:23
To do it. 00:45:25
In 2013, we did not do it. We fell short. 00:45:26
On the obligation for placing sand. 00:45:29
Within weeks if not. 00:45:32
Days there was no beach in the city and we the infrastructure that you consider essential to your coastal. 00:45:34
Resource District. 00:45:42
Was absolutely threatened. 00:45:44
And so. 00:45:46
It's not that. 00:45:48
Beacon for lack of effort, or the city for lack of better, or the County of Ventura? 00:45:50
Or, for that matter, our federal representatives. 00:45:56
That we need to maintain this and that in large measure we've done it. 00:45:59
But we haven't done it because every time we have to reauthorize it. 00:46:03
It's another battle over funding. 00:46:07
And permitting. 00:46:10
But with that I'm going to stop because. 00:46:12
I said we only had 10 minutes. 00:46:14
Doctor Patch and I She represents the. 00:46:16
The Science Advisory Committee. She's a consultant to Beacon. She is your. 00:46:19
Local expert. 00:46:24
On sand budgets. 00:46:25
On the geomorphology of. 00:46:27
Sand movement. 00:46:29
On sand transport. 00:46:30
And fate. 00:46:33
So we have the expert here and Kiki, I think one thing I will say, Doctor Patch, sorry. 00:46:34
Is that? 00:46:39
She has participated in it and helped us lead our Sand Summit series that we do. 00:46:39
Annually. Umm. 00:46:45
To exchange information that has been absolutely essential. 00:46:46
It's a long wave activity, it's not a tomorrow thing. 00:46:49
But. 00:46:51
I think Doctor Patch has shown her commitment to. 00:46:53
Participate in. 00:46:55
In whatever. 00:46:56
The feasible options are for future actions. 00:46:58
That can address the sustainability of Winimi Beach and then. 00:47:01
We have in the audience. 00:47:05
Brian Brennan, who's been involved with Beacon for a very, very long time. 00:47:07
And is an expert in his own. 00:47:11
Right on sediment dynamics and coastal policy around sediment. 00:47:14
And has led some of the charge in Ventura around. 00:47:18
Doing a long standing coastal restoration project. So with that I'll stop. 00:47:22
Sorry to talk too long. 00:47:27
Answer any questions you might have. 00:47:29
Here's my last slide, sorry. 00:47:33
Let's see, unshare my screen. Sorry, you can't look at my screen. Jeez. 00:47:46
Oh, there it is. 00:47:54
OK, if there's another presentation. 00:47:56
Go ahead and move forward. 00:47:57
Doctor Patch, did you have anything? 00:48:01
Oh no, I am here just supporting Mark if anybody had any questions. 00:48:04
OK. 00:48:09
Are there any questions? 00:48:11
Any questions? I have questions, go ahead. 00:48:14
So, uh. 00:48:16
As Port Wayne, Amy is you know. 00:48:17
As you can see, this has been going on for. 00:48:20
Since since that port was dredged. 00:48:22
Is there anything? 00:48:25
Ousted in the United states or else in the world that has a similar issue that. 00:48:27
That like a big engineering. 00:48:31
Scope of work has been done to to change the flow of. 00:48:36
Sand movement. 00:48:40
Just, you know, just to keep dredging as the only first option. 00:48:42
Is there any re engineering that could be done? 00:48:48
To change. 00:48:52
To change the flow of the sand. 00:48:53
Iki, I'm going to let you answer that question, but. 00:48:59
I appreciate. 00:49:02
The question I'm going to repeat just a couple, just a point and that is. 00:49:03
This is the re engineering. 00:49:10
Activity that can be done. 00:49:13
To address the. 00:49:14
Problem that was created when we installed the facilities. 00:49:15
Now beacon is never. 00:49:21
Afraid to and encourages. 00:49:24
The community of practice to consider. 00:49:26
How it can be done or what else can be done but beacon? 00:49:29
Has in its. 00:49:33
Policies and plans to date in the absence of an effective. 00:49:34
Other alternative because this is the engineering choice. 00:49:39
To support this, but as I say. 00:49:42
We are research and a policy organization. 00:49:43
And we can. 00:49:46
As you might have noted in the. 00:49:47
Ethernet around the Magoo question. The submarine Canyon question. 00:49:50
There's a lot of questions around bypass. 00:49:54
Not bypass sediment retention structure. 00:49:56
So we're always. 00:50:00
In the market? 00:50:01
For trying to answer the question you just posed. 00:50:03
And I don't remember, I can't see who asked it, but. 00:50:07
Respectfully, uh. 00:50:10
It's it's not that we're not. 00:50:11
Structured to do that. 00:50:13
But this is the. 00:50:15
Reengineering of the coast to get the sand in the right place. 00:50:17
OK, we had Kiki not to interrupt you. Sorry it is. No, I I have a quick answer basically is. 00:50:21
We basically made our harbors before we really understood how sand moves down the coast. So what happened was. 00:50:26
Really, the Santa Barbara Harbor kind of started it all. And we we. 00:50:34
Created that harbor and then a few years later we had devastating erosion down in Carpinteria area and that really led to a lot of 00:50:38
the science that. 00:50:42
That made us really understand how waves push sand along the coast, where the sand is supplied from and how it's moving along the 00:50:47
coast. So that was really for the whole United States, the first kind of wake up call that we needed to sort of engineer ourselves 00:50:53
out of our engineered problems. 00:50:59
And so with Port Winemi it. 00:51:05
It just unfortunately is at the very end of a very large. 00:51:08
Literal cell. 00:51:14
And so for a lot of the harbors up and down the coast, if they're at the top of a literal cell and don't have a lot of sediment 00:51:15
coming down, they don't have a big. 00:51:20
Dredging problem like Crescent City Harbor, Dana Point Harbor, they're at the very. 00:51:25
Start of a cell, so they don't really have a problem. 00:51:29
The port Wainebi Harbor. 00:51:32
We now understand is that the very end and has a huge dredging requirement. So that was why the engineers. 00:51:34
Brainstormed what they can do, you know, we look at things like. 00:51:43
Permeable groins, but that doesn't work at a harbor mouth because it'll fill in the navigation channel. 00:51:46
So with this one in particular and the need to keep that navigation channel to a. 00:51:51
Regulated depth. 00:51:56
We have to. 00:51:58
Catch that sand before it goes into the harbor mouth and bypass it to the other side. 00:51:59
So it really is. 00:52:05
At this point the best available. 00:52:06
Science that we have is this sort of dredging process and. 00:52:09
Channel Islands harbor was dredged with the intent of catching as much of that sand as we can with the way that the. 00:52:13
The pier and the OR the groins were developed, and the jetties were developed to actually be an excellent sand trap. 00:52:20
So that combination of Channel Islands Harbor and Port Winemi is actually a very effective engineering solution to. 00:52:26
Sort of the problem we created. 00:52:34
With this harbor at the very end of the cell. 00:52:35
OK, so I have one more question SO. 00:52:40
The sand traps that we have. 00:52:44
They seem pretty effective at. 00:52:46
You know, trapped in the sand. 00:52:48
Would it be viable to have like? 00:52:51
Like a tunnel. 00:52:54
Underground that actually. 00:52:55
You know a barge can actually hook up. 00:52:57
That is. 00:53:00
You know, pre positioned. 00:53:00
And you could just start pumping sand. 00:53:02
Without having to lay. 00:53:05
Any groundwork down? 00:53:07
I believe they tried that at one point, Mark. Correct me if I'm wrong, but at some places they do have, sort of. 00:53:10
Permanent pipes that are. 00:53:17
Put in that will sort of go underneath the harbor as you're saying, sort of like down at the bottom and come out the other side 00:53:19
where they will then connect into. 00:53:23
And sort of. 00:53:28
Pump, but I don't think they do that there anymore. 00:53:29
Do you know Mark? 00:53:33
Oh, they don't. And the. 00:53:34
I think the best analog would be Oceanside Heart. 00:53:35
Yeah, they did that. 00:53:38
And to to getting your question about. 00:53:40
Are there? 00:53:43
Any re engineering? 00:53:45
Options. 00:53:47
So I want to break it down a little bit because I want to be, I want to be responsive. 00:53:48
The concern I've heard. 00:53:53
And the concern we've had in funding it is that it's incredibly expensive. 00:53:54
Like really expensive. 00:53:59
And the costs are mounting. 00:54:01
And then everyone talks about the conditions under which we do the dredging. 00:54:02
All these. 00:54:06
Micro issues. They're macro issues, but. 00:54:07
Micro issues. 00:54:09
And So what I want to suggest is that. 00:54:11
We could analyze and you can think this through as a. 00:54:15
As a logic problem. 00:54:18
What are the dimensions of the concern around the current engineered solutions? 00:54:20
Well, you just. 00:54:25
I mentioned one thing is the. 00:54:26
Is the. 00:54:28
Pieces of equipment and how they're hooked together in a. 00:54:29
Treatment Train. 00:54:33
To get us the sand at the right location. 00:54:35
We have a lot of buried. 00:54:37
Elements of piping. 00:54:39
That. 00:54:41
Kept installed. Santa Barbara is a good example and I think we just did it here a little bit. 00:54:42
The tunnel idea I. 00:54:48
I do not think. 00:54:49
Has been. 00:54:50
Viable in locations where it's been tried. 00:54:51
And then we get to the bar. 00:54:55
And the barging. 00:54:56
And bargain is both a physical and mechanical. 00:54:58
Process, but it's an economic, political and managerial process. 00:55:01
And I know. 00:55:06
That we could do. 00:55:07
Better. 00:55:09
And trying to figure out. 00:55:10
What's the best? 00:55:12
Program, if we're going to have dredging to address some of the concerns about dredging. 00:55:13
Santa Barbara has an electric dredge. 00:55:18
Waianimi and Channel Islands Harbor has a. 00:55:21
Diesel. 00:55:24
Dredge. The conditions under which you can dredge are very variable by weather and other conditions. 00:55:25
And the way in which we could imagine. 00:55:32
That, uh. 00:55:35
And I love I'm going to say this about Waiani. I cannot believe how. 00:55:36
Sophisticated you all are. 00:55:40
You have a skunk works in your own port. 00:55:41
Where we could do all these things, imagine an electric future. 00:55:44
Which you're imagining for the port. 00:55:49
Based on the last storm, anyways. 00:55:50
But imagine how we could change maybe some of the technology. 00:55:53
Some of the economics. 00:55:56
Some of the. 00:55:58
Mobilization and some of the cost and This is why I think your point is important to respond to. So where we do bury pipe. 00:55:59
The mobilization of. 00:56:07
Putting a pipe down every 24 months is. 00:56:08
Eliminated. 00:56:11
We can. 00:56:12
Be more cost effective. 00:56:13
Or at least we can look at more cost effective. 00:56:15
Ways to do our work. I believe that's true. 00:56:18
We are on a regional level. We. 00:56:21
Talk to our colleagues and they say. 00:56:23
Why don't you buy a dredge? 00:56:25
You're always saying the dredge is this, the dredge is that. 00:56:27
Everything comes with cost. There's no free good. 00:56:30
And it's like Owen or lease in a car or anything else. 00:56:33
Do you really want to own that responsibility? Because if you own it. 00:56:37
Then you might. 00:56:41
Have to. 00:56:42
Fund more of it, not less of it. 00:56:42
So I'm going to point out these reasons not to discuss this and not to analyze this. 00:56:44
But to understand them. 00:56:50
The. 00:56:51
Text in which this. 00:56:52
Conversation can and should take place. 00:56:53
Thank you for the patience in listening to us. 00:56:56
Great. Thank you. And just for information, that was our mayor Pro Tem. 00:57:00
Lopez. 00:57:04
Thank you so much. 00:57:05
Great. And I think Councilmember Hernandez had a comment. 00:57:06
Hello, Mark. Hi, Doctor Patch, Laura Hernandez, your alternate on Beacon. 00:57:09
I just had a question that I haven't been able to get a straight answer on. Or maybe I just missed missed the information 00:57:14
somewhere along. 00:57:18
The many discussions we've had over this issue of dredging and replenishing our beaches. 00:57:22
Um, with the. 00:57:28
Dismantling of Matilla ha damn. 00:57:29
If and when that happens. 00:57:32
What are the possibilities of the? 00:57:35
The sediment that comes down. 00:57:37
That riverbed will help. 00:57:40
Address our situation here. 00:57:44
At Waimea, what are the possibilities that that? 00:57:46
Will be one of the solutions. 00:57:48
Well, so. 00:57:51
Doctor Patch described. 00:57:53
That you're at the end of the pipe, so to speak. 00:57:55
And you have. 00:57:58
Two important barriers. 00:58:00
Yours, the sand from Matillaha Dam would have to be bypassed twice. 00:58:03
To get to Waeneme. 00:58:08
And we'll do that. We will bypass it twice and we will get a twinemi and you will have your. 00:58:09
Ventura River watershed. 00:58:14
Sand. That's the scale at which we can't predict how long that would take to get into those catchment areas and be bypassed. 00:58:16
But if you think of it as a system. 00:58:23
And this again is. 00:58:26
Answering to you or into the. 00:58:27
Mayor Pro Tem, if you think of it, in the system in which we in the past, we presented it. 00:58:29
Then the pieces of the system. 00:58:34
Should be analyzed in the context of the regional. 00:58:38
So that we can have the regional, federal, local funding. 00:58:40
Solution approach. 00:58:44
And then work on these questions of. 00:58:46
Cost effectiveness, efficiency, and what I like to think of as bio mimicry, a fancy term to. 00:58:49
The best way to get sand through our cell now is to mimic. 00:58:55
The natural. 00:58:59
Drift, uh. 00:59:00
And then where we must bypass or? 00:59:01
Whacked and through a tunnel or the barging or whatever, then we do that. 00:59:03
And that if that system is the bigger one we're all looking at. 00:59:09
And to. 00:59:14
Doctor patches point we have 3 bypasses. We have Santa Barbara into the. 00:59:16
Summerlin, Carpinteria. 00:59:20
Ventura Harbor into. 00:59:22
The Pierpont. I mean, that's beer, but into the. 00:59:24
Santa Clara And then we have. 00:59:27
The Channel Islands harbor. 00:59:28
And we have other. 00:59:30
We have. I just told you how much. 00:59:33
Sam Well, I said that the thing comes from. 00:59:34
The coastal draining watersheds and it does 97% in our. 00:59:37
Literal. 00:59:43
We're not not smart people, so we've looked twice in 25 years. 00:59:45
At offshore sand. 00:59:50
Sources. 00:59:52
Is there another way to be more cost effective in getting sand to the beach? You can think of it as kind of a back passing in a 00:59:54
way. It's already down out of the beach scape. 00:59:58
It's beyond the the wave effect. 01:00:03
And then you go in and you say could you reasonably cost effectively? 01:00:06
I mean, the logic is that it's right offshore, the beach you need to nourish as opposed to. 01:00:10
1/2 miles to the north. 01:00:15
On the other side of a man made. 01:00:16
Harbor, we've looked at that. 01:00:18
The only thing I can say is that balancing impacts. 01:00:21
It may or may not be environmentally more Sound or West Sound. We have very, very important marine resources from the near shore. 01:00:24
All the way out. 01:00:31
And can we do it cost effectively? 01:00:34
So we have old data. 01:00:36
And we're happy to do it. 01:00:37
You know, entertain a conversation about the data. 01:00:39
It doesn't. This is the problem with. 01:00:41
The kid of parts. 01:00:43
You could, for example, logically you could say, well, we'll put sand up from. 01:00:45
You know our deeper channel and we'll pay for it. 01:00:48
Or make the Navy pay for it or whatever. We'll pay for it. 01:00:51
Then you have the sand trap. 01:00:54
Problem of the sand trap is collecting sand. 01:00:55
Which means at some point it's full. 01:00:59
And it doesn't work in the way it's supposed to, and where it goes is what Doctor Patch says. 01:01:01
It goes into the harbor navigational channel and in many cases might migrate up into the boat basin and be an enormous headache. 01:01:06
And I'm not pointing that out to say don't do it. I'm pointing that out. 01:01:13
Just be cognizant of the. 01:01:16
Of the life cycle costs and the cost benefit equation and and the cost effectiveness. 01:01:18
Calculation and all these things go into. 01:01:23
The longer term management. 01:01:26
And Beacon is excited to have this conversation with. 01:01:28
The City Council. 01:01:30
Your two Council representatives, Laura. 01:01:32
And Steven? 01:01:35
And sorry, Stephen Gallman. 01:01:37
Council Member Hernandez. 01:01:38
Bird dog us. 01:01:41
Ask us. 01:01:42
Demand of us. 01:01:43
All the time. 01:01:45
What can we do? 01:01:46
What are we doing? 01:01:47
How can we do it better? 01:01:48
And how can we make it work? 01:01:50
That's pretty fair summary. 01:01:51
Of what your? 01:01:53
Representatives are asking and. 01:01:54
Requesting a. 01:01:56
You have a very active representation on the beacon board. 01:01:58
And so I'm very pleased to come today. 01:02:02
And take a little bit of your time. Sorry you take so much of your time, but it is a very important topic. 01:02:05
For the city, and we see that at Beacon. 01:02:09
And you have really good resources in the region, not just Doctor Patch, but she's just. 01:02:11
The tip of the iceberg. Really, really good scientist. 01:02:15
Good science, good community member. 01:02:19
So you're, you're again very blessed with the resources you've. 01:02:22
Created, and I hope we can continue to have these conversations periodically. We'll be back and tell you what we're doing. 01:02:25
In the region at some point. 01:02:31
Spending everybody's money. But these questions are common to the region. 01:02:33
And we? 01:02:37
Really do seek to. 01:02:40
Answer is. 01:02:41
The as deep a question as you'd like to. 01:02:43
Ask us. 01:02:45
And to frame our action. 01:02:46
To satisfy those. 01:02:48
Questions much appreciated. Thank you. Yes, Doctor Pat. 01:02:50
And I just had one quick thing about the Matilla Dam. 01:02:54
I did work, I think in 2004 where, you know, we're looking at restoring the natural sand to this whole cell, right? And one of the 01:02:57
recommendations is to remove that dam because it's blocking about 40% of the natural sand supply coming down the Ventura River. 01:03:05
However, it's important to realize that. 01:03:12
The Santa Clara River. 01:03:15
Delivers about 11:50 times the amount of sand that the Ventura River. 01:03:17
Delivers. So while it is great to restore the natural sand supply and that should be our first effort because you don't have to 01:03:23
buy it, it's free, right? 01:03:27
You it really is important to to understand that the Santa Clara River is like the bread and butter of your sand supply. It is 01:03:32
like 12 times as much sand coming out of that river as Ventura River. Good to know, thank you. 01:03:38
Doctor Patchets. I'm sorry, Stephen Gama, could you? 01:03:44
Explain. 01:03:49
The similarities. 01:03:50
And differences between the Winemie Canyon and the Point Magoo Canyon. 01:03:52
And the fact that. 01:03:57
It's a very dynamic. 01:03:59
They're very dynamic canyons. They're not static. They're changing, they're receding. 01:04:01
And there are similarities, and there's some pretty big differences. 01:04:05
Between. 01:04:09
Magoo and. 01:04:09
Winima Canyon. 01:04:10
Yeah, the biggest difference is Magoo Canyon. 01:04:12
Is a lot closer to the near shore zone, so when waves kind of travel back and forth in our near shore surf zone, they're going to 01:04:15
start to interact with the Magoo Canyon in depths that are a lot shallower than the Winemi Canyon. 01:04:22
So Port Wayne, me was actually. 01:04:30
Built where it is built because you have that Canyon coming pretty close into shore and it was a great place to put a Canyon 01:04:32
because you can have, you know, it's really deep just offshore. 01:04:37
However, it is a little bit farther offshore, so it's not a complete catch to all of the sand that would be naturally traveling 01:04:43
along that coastline. 01:04:47
So before we put the port in there. 01:04:52
While you did have some sand that was being funneled off. 01:04:54
Offshore into that Canyon. 01:04:57
It was the majority of that sediment was still making it past. 01:04:59
The Canyon mouth. 01:05:03
And then why? Or Magoo Canyon has a couple of branches that are coming off and encroaching. 01:05:05
Shoreward, right? So it's trapping more of the sand, so it's a bigger player in sort of. 01:05:11
Ending our. 01:05:16
Literal cell and being a permanent sink of that sand. 01:05:18
Does that help? 01:05:22
Yes, and then? 01:05:23
It's my understanding that the Magoo Canyon is crumbling back towards shore. 01:05:24
And. 01:05:29
And so even more of the sand today than it was, say, a decade ago. 01:05:31
Because it is. 01:05:36
Encroaching umm. 01:05:37
Towards the shore, so it's capturing even more of that sand than it used to. 01:05:39
Which is one of the reasons why we think. 01:05:43
That there's more erosion than we've historically had. 01:05:46
South of Magoo Canyon because it is starting to capture more of that sediment. 01:05:49
So if. 01:05:54
That erosion accelerated. 01:05:55
One of the. 01:05:57
Things that gets thrown around in beacon meetings is like, well we should put a pleasure craft harbor down by Point Magoo Canyon. 01:05:58
And trapped. 01:06:04
Similar to what we're doing in Channel Islands. 01:06:06
Would that solve the problem or would that? 01:06:08
Have unintended. 01:06:10
Consequences. 01:06:12
You know, I think both so. 01:06:13
We at the sand summit, we had a number of scientists last, was it March or April, Mark, you know, talking about what are some of 01:06:16
the engineering solutions, Are we able to capture that sediment before it goes down into the Magoo Submarine Canyon? It's like the 01:06:21
$25,000 question we all want to know. 01:06:27
There's a lot of great sand there. 01:06:33
So there are some potential things to explore in terms of catching that sand after we've. 01:06:35
After we've moved it from Channel Islands Harbor Sand Trap to the other side of Port Winemie, how do we keep that sand there? 01:06:42
For a little bit longer. 01:06:50
And I think the Navy is really interested in doing that. I think they're they're trying to figure out how to capture it before it 01:06:51
kind of gets funneled into the deep. 01:06:56
Deep ocean offshore down Magoo Canyon. 01:07:00
So that is a great option that we can explore as a source of sand. 01:07:03
If we can figure out a way to. 01:07:08
To keep it on the beach there or trap it before it goes down in there. 01:07:09
Yeah. And I just want to add as when I was nine years old, I spent a week out at Point Magoo. 01:07:13
Um, camping there. 01:07:19
On base. 01:07:20
And the difference? 01:07:21
That was a 1976. 01:07:23
Perhaps the difference between then and now is like stark It's so dramatic and there's so much. 01:07:25
Sand that is gone. 01:07:31
And they'll never come back. 01:07:33
Even if you look at where Broad Beach is, it got the name Broadbeach because it was a huge expanse of sand and you see that huge 01:07:35
dune just down Cove. 01:07:40
Coast, like that's an indicator that it used to be an area where we had a lot of sand. 01:07:45
But the USGS did some bathymetric mapping and they see that over the years, the heads of those canyons have have crept. 01:07:50
Closer and closer to the shore. 01:07:57
They capture that sand and that's when you see when you disrupt a natural sand supply. 01:07:59
You'll see the consequences down coast. 01:08:04
Thank you. 01:08:07
Great. Thank you. 01:08:09
Councilmember Perez. 01:08:10
OK. Well, thank you so much for your time and we appreciate it. And as you mentioned, Mr. Baylor, our primary and our alternate 01:08:12
will be asking you questions in the very new future as we go forward. 01:08:19
Brian, do you have any? 01:08:27
OK. OK, great. Great. Thank you. Thank you. 01:08:28
OK. Thank you so much. 01:08:31
Thank you. 01:08:33
Thanks a lot. 01:08:34
Nice to see you all good. 01:08:35
Thanks, Kiki. 01:08:38
OK, we're going to move on to our consent. 01:08:40
Calendar. We're going to consider the items here, which will be enacted in one motion unless a council member would like to pull 01:08:43
an item. 01:08:47
Does any council members like? 01:08:52
You'd like to pull any items? Well, I was going to pull item number 4, but I think I'll just save my comments until the end of the 01:08:54
meeting during. 01:08:58
Council comments so just for the sake of time. 01:09:01
OK, great. 01:09:04
Item number 8. 01:09:05
Item number 8. 01:09:07
Anyone else? 01:09:09
OK. So you do not want to pull item number four? No, I'll hold. OK. 01:09:11
So is there a motion? 01:09:15
For items number one through 7. 01:09:17
Move to Pru items one through 7 second. 01:09:20
Great. Thank you. 01:09:23
Madam Clerk. 01:09:24
All in favor. 01:09:26
Aye, all opposed. 01:09:27
Hearing none, motion passes unanimously. 01:09:29
And I just wonder if I can do that. I just want to recognize we have Doctor McCoy. 01:09:31
Here tonight we've already. 01:09:36
Just let's see, was just approved your item. 01:09:38
So did you have anything that you wanted to say to us this evening? 01:09:42
Thank you. I'm actually. 01:09:46
Right, OK. 01:09:50
Sorry about that. 01:09:51
But I just want to say thank you. 01:09:52
OK, great. Thank you. 01:09:53
And so let's take item number 8. 01:09:55
What are they thanking us for? 01:09:57
The del Sol item number 7 OK. 01:09:59
Right. 01:10:02
Yeah, so this caught my attention. 01:10:05
And. 01:10:08
I started to look into. 01:10:10
Look at the. 01:10:12
The ports vessel summary. 01:10:13
As a means to. 01:10:16
Try to calculate the number of. 01:10:17
Of trucks. 01:10:19
That are generated by the port. 01:10:21
And we should be able to. 01:10:23
Get an actual number by analyzing the vessel summary, for example. 01:10:26
When a Chiquita progress. 01:10:31
Comes in. 01:10:33
I would think. 01:10:35
That the. 01:10:36
Port would be able to say Oh yeah the Chiquita progress has. 01:10:37
The capability with the deepening of the port to bring in. 01:10:40
600 containers or is it 800 containers? 01:10:44
If I ChatGPT. 01:10:47
That vessel? 01:10:51
It says 12176 containers which. 01:10:52
Seems an awful lot. 01:10:55
So. 01:10:57
I just think that. 01:11:00
If we could get. 01:11:01
Actual numbers. 01:11:03
Trucks related to vessels. 01:11:05
That it would give our engineering and public works. 01:11:08
Department. 01:11:11
Better data. 01:11:13
To estimate wear and tear and roads and costs and all that. So. 01:11:15
So this. 01:11:21
Or this missed? I guess there was a mistake. 01:11:24
Indicating that 1600 trucks. 01:11:27
Are coming out of the gate of the port of Winim. 01:11:30
And it's corrected in the staff report. 01:11:32
But then it triggered me to say like well wait a minute. 01:11:34
We shouldn't we be able to get an actual number? 01:11:37
By vessel. 01:11:40
Of truck trips so I just wanted to. 01:11:41
Bring that up and see if we could do that. 01:11:43
OK. Did you have? 01:11:45
Yeah, and a couple of things. 1 is. 01:11:47
I can note that the. 01:11:51
The report was intended to be. 01:11:52
Total truck trips on our streets. 01:11:54
Because when we maintain our streets. 01:11:57
We're preparing. 01:11:59
To maintain them based on impacts? Not necessarily. 01:12:01
You know, we can't just count impacts from one location or another. So, so the report was intended to be. 01:12:03
All truck trips and there was just one section of the report. 01:12:09
Where that wasn't clear, so we had identified that as correcting that the other thing is in the mean. 01:12:13
Time while we've been working on that. 01:12:18
I believe, and I'll make sure that I did. 01:12:20
Passed these on. I believe the. 01:12:22
The port actually did provide us some counts. 01:12:24
From of their information to share with the council. So I think we passed those on, but I'll double check and make sure we pass 01:12:27
those. 01:12:31
Those reports on to the Council. 01:12:34
And that's what. 01:12:36
Triggered by. 01:12:37
Thinking about this is like, well wait a minute. 01:12:38
You have a. 01:12:42
A vessel summary. 01:12:44
And the vessels have names. 01:12:45
And we should be able to get a number for each vessel that comes through the port. 01:12:48
Over the several, you know, 12 months of the year. 01:12:51
It just seems to me that that number should be readily available. 01:12:55
OK, so. 01:13:00
Let's go back to the. 01:13:01
The item This is the pavement management and truck route. 01:13:03
Life cycle cost analysis where we had a correction to the. 01:13:06
The the prior report. 01:13:10
So if. 01:13:13
If we need to have a discussion about something else. 01:13:15
That should probably be another item. Yeah, I think I'd recommend approving this and then we'll share the data that I think is 01:13:17
responsive to the question. Right, right. Move to approve item 8. 01:13:22
2nd thank you. 01:13:27
Madam Clerk. 01:13:28
All in favor. 01:13:30
Aye. 01:13:31
All opposed. 01:13:32
Hearing none, motion passes unanimously. 01:13:33
Great. Thank you. 01:13:36
We are now going to move to. 01:13:38
Our public hearing. 01:13:41
So this is the Cannabis Development Management compliance Review and finding of exemption from CEQA. Madam Clerk, do we have proof 01:13:45
of publication? 01:13:49
As required by law and a complete file to report. 01:13:54
And exhibit, sorry, of reports and exhibits. Yes, Madam Mayor. 01:13:57
Great. 01:14:01
Will staff please present the report? 01:14:02
Yes, thank you and. 01:14:04
Charles Peretz, our Deputy City Manager, will be giving the presentation. I just wanted to note. 01:14:06
Before we. 01:14:11
Start that that. 01:14:12
Just as. 01:14:14
Some background. 01:14:14
That we have. 01:14:16
17 current. 01:14:17
Cannabis. 01:14:20
Development agreements. 01:14:21
And that. 01:14:23
This. 01:14:25
Per those development agreements, we review those. 01:14:26
Each of the agreements annually. 01:14:29
I think. 01:14:32
Everybody's aware, but with the opening of Ventura and and Oxnard cannabis businesses, there has been an impact on some of our 01:14:33
local businesses and I think what we're going to see tonight is in particular. 01:14:39
On primarily on the businesses that had not yet opened. 01:14:44
That had been. 01:14:49
Issued development agreements in Port Wayne, ME but hadn't opened yet that we are seeing that some of those businesses have not 01:14:50
moved forward in that period. 01:14:55
And so this review is intended to focus on really 5 businesses primarily those ones that either hadn't opened and or there's a 01:14:59
couple that had opened and have either. 01:15:04
Closed or indicated that they may be closing so. 01:15:10
We wanted to review those. 01:15:13
Five at this time. 01:15:15
And with that I'll. 01:15:17
Hand it over to Charles to to. 01:15:18
Lead that review. 01:15:20
Thank you. Good evening, Mayor and City Council members of staff. 01:15:24
Members of the public present. 01:15:27
As a city manager indicated, this item is a public hearing and tended to allow the council to review and make findings regarding 5 01:15:29
specific development agreements. 01:15:34
That are issued in connection with the operation of cannabis. 01:15:39
Businesses. Umm. 01:15:42
The City of Port Wayne, ME, as we know, uses development agreements to establish the terms and conditions for development and 01:15:44
operation of cannabis businesses. 01:15:47
The agreements require businesses to provide various public benefits, including long term employment opportunities. 01:15:51
Additional tax revenues. 01:15:57
Revenues from contractual payments that are percentages of the revenues produced by those businesses. 01:15:59
And support for community benefits. 01:16:04
The agreements state that the anticipated receipt of those contractual payments are the primary inducement for the city to enter 01:16:08
into. 01:16:11
Agreements. 01:16:15
Additionally, compliance with payment obligations, financial audits. 01:16:17
City ordinances, permits and other applicable regulations are considered material terms of these agreements. 01:16:21
Development agreements include deadlines. 01:16:29
Usually within a year of approval. 01:16:31
By which the development must be completed. 01:16:34
And put into operation. 01:16:37
Resolution 4401, also known as the implementing resolution. 01:16:39
Provides for annual agreements by the City Council. 01:16:44
The resolution requires council to review key terms. 01:16:48
And ensure compliance with the agreed upon public benefits. 01:16:51
The agreements contain several conditions under which the Council may determine that a developer is in default of the agreement. 01:16:54
Some of these. 01:17:01
Include making a finding. 01:17:02
Upon substantial evidence that the developer has not. 01:17:03
Complied with a material requirement of the agreement. 01:17:06
A violation of the conditional use permit associated with the. 01:17:09
Activity, yeah. 01:17:12
Or the termination or diminution of contractual payments. 01:17:13
So as the city Manager indicated tonight, we're going to be reviewing 5 development agreements. Those five are the agreements with 01:17:20
the city and Winemie patient consumer Co-op, also known as HPC. 01:17:25
Port Wayne, ME Organic Team, Inc. 01:17:32
Red Mule Group, LLC. 01:17:34
PH Investment Group LLC, also known as Element 7. 01:17:36
And the fire. 01:17:39
LLC. 01:17:41
The development agreement between the City and HPC provides for the operation of a retail dispensary and ancillary. 01:17:44
Delivery services. The agreement was approved November 2017. 01:17:51
And the business began operating in April of 2018. 01:17:55
On July 25th. 01:17:59
25th of this year. 01:18:00
The business ceased operating. 01:18:02
And the developer subsequently advised the city that the closure was permanent. 01:18:04
With the business no longer operating. 01:18:09
It is unable to comply with material. 01:18:12
Requirements and public benefits called for in the agreement, such as providing those. 01:18:14
Employment opportunities, providing additional revenue from sales taxes and contractual payments and providing. 01:18:18
Community Benefits. 01:18:23
The agreement. 01:18:27
Provides language that the Council may determine that a default has occurred when the developer has not complied in good faith 01:18:27
with a material term of the agreement. 01:18:31
Or when the contractual payments. 01:18:35
Have been terminated or diminished. 01:18:37
Based on those facts. 01:18:42
Staff is recommending that upon the basis of substantial evidence, the City Council adopt. 01:18:43
A resolution that finds the developer out of compliance and in default with the development agreement. 01:18:49
The resolution would direct staff to provide notice of the city's intent to revoke the agreement and initiate the process to 01:18:53
revoke and repeal the conditional use permit. 01:18:57
Mr. Peretz, do we need a motion? 01:19:04
On one. 01:19:06
On this item singly, are we going to go through all five? I prefer to go through all 5 and we'll consider the recommendation at 01:19:07
the conclusion. 01:19:11
The second development agreement to be reviewed is the agreement between the city and. 01:19:16
Port Winemie Organic. 01:19:20
Team Incorporated. 01:19:21
That agreement provides for the development of a micro business consisting of a retail dispensary with delivery services. 01:19:23
As well as distribution and cultivation operations. 01:19:28
The agreement was approved November 2019 and required project completion and commencement of operations within a year. 01:19:32
In preparation for the Council's October 2023 review of the development agreement. 01:19:39
The developer provided updated information. 01:19:44
Which indicated that work to develop the dispensary would commence before the end of 2023. 01:19:47
And the dispensary would open in early 2024 with cultivation operations. 01:19:52
To start shortly thereafter. 01:19:57
During that review, council approved a resolution that provided an extension to the original project deadline. 01:19:59
And in June 2024, council approved an amendment. 01:20:08
That provided a new project deadline. 01:20:11
Of June 30th, 2025. 01:20:13
That amendment stated that failure to obtain a certificate of occupancy by the June 30. 01:20:16
2025 date. 01:20:20
Would result in the nullification of the agreement. 01:20:22
The development has still not been completed. 01:20:26
And in June of this year, staff contacted the developer to note the project's inactivity. 01:20:28
Inquire as to their interest in proceeding with the project. 01:20:33
And request additional information about project plans. 01:20:36
That notice also provided them identification that. 01:20:39
The public hearing on the October 20th this evening. 01:20:41
Would be used to review their development agreement. 01:20:44
And there has been no response from the developer to any of these communications. 01:20:47
Given that the development was never completed, once again, this business is not complying with material terms of the agreement by 01:20:52
providing employment opportunities, additional revenues. 01:20:55
Or community benefits. 01:20:59
And once again. 01:21:02
That development agreement provides. 01:21:03
The Council the ability to find that they are in default if they are not meeting the terms, material terms of the agreement. 01:21:05
Therefore, it is staff's recommendation. 01:21:16
That upon the basis of substantial evidence, the Council adopt A resolution that finds the developer out of compliance and in 01:21:18
default of the agreement and provide written notice. 01:21:21
Of the intent to revoke the agreement if. 01:21:25
Action to cure is not taken within 30 days. 01:21:27
The third development agreement to be reviewed is the agreement between the city and Red Mule Group, LLC. 01:21:33
See, that agreement provides for the development of a micro business. 01:21:37
Consisting of a retail dispensary with delivery services. 01:21:40
As well as manufacturing and distribution operations. 01:21:43
That agreement was approved. 01:21:47
July 2021. 01:21:48
That project involved the purchase of city property. 01:21:52
And require project development to commence within 90 days after permit issuance. 01:21:54
Permits for interior demolition and electrical work. 01:22:00
Were issued January 2022 and a permit for the firewall separation. 01:22:03
Was issued. 01:22:07
September 2000. 01:22:08
22. 01:22:09
In August of 2023, the city advised the developer that it was not complying with the terms of the agreement. 01:22:13
Shortly thereafter, the developer provided the city with a development schedule. 01:22:19
Which indicated that they would have a grand opening July 2024. 01:22:23
In June 2024. 01:22:28
Council approved an amendment that provided. 01:22:30
A new project deadline of June 30th, 2025. 01:22:32
Once again, the amendment stated that failure to obtain a certificate of occupancy by that date. 01:22:35
Would result in nullification of the agreement. 01:22:40
In June of this year, staff sent a letter to the developer. 01:22:43
Noting the project in activity, inquiring as to the developers interest in proceeding with the project. 01:22:46
And requesting information about project plans. 01:22:50
And once again advising. 01:22:53
Of the October 20th public hearing date. 01:22:54
Because the original letter was returned as undeliverable, the city sent. 01:22:57
Multiple emails. 01:23:01
And in response to one of those emails, at the developer's request, sent notification to a second physical. 01:23:02
Mailing address. 01:23:08
In August, the developer indicated a desire to move forward with the development, but did not provide any additional information 01:23:12
about development efforts. 01:23:15
As the city had requested. 01:23:18
Developer indicated that they would follow up with the city in mid-september. 01:23:21
But no subsequent communication. 01:23:24
Occurred. 01:23:26
October On October 3rd, the city provided. 01:23:28
Notice of the public hearing via both. 01:23:31
And e-mail. 01:23:33
Once again, no additional communication has occurred. 01:23:35
And as stated with the earlier example. 01:23:38
Based on the fact that operations had never begun. 01:23:41
The city has not been in receipt of any of the material terms. 01:23:44
That are called for in the agreement. 01:23:47
Therefore, it's staff's recommendation. 01:23:51
That the Council adopt A resolution finds the developer out of compliance and in default of the development agreement. 01:23:53
And issue written notice of same. 01:23:58
Providing 30 days to cure. 01:24:00
The 4th Development Agreement subject to review. 01:24:04
Is that between the city? 01:24:06
And pH Investment Group LLC, also known as Element 7. 01:24:08
Which pertains to a retail dispensary with ancillary. 01:24:12
Delivery services. 01:24:14
That agreement was approved April 2021. 01:24:16
And the business commenced operation March 2022. 01:24:18
Beginning in September of last year, the developer stopped making timely contractual payments equal to 5% of its gross revenues. 01:24:22
Reminders regarding these overdue payments were communicated on a regular basis. 01:24:28
The September 2024 payment was made in January, but payments for the months of October 2024. 01:24:33
Through June of this year. 01:24:38
Were never received. 01:24:39
Interestingly. 01:24:41
Payments for July and August of this year. 01:24:42
Were provided to the city. 01:24:45
At present. 01:24:47
The developer owes the city $50,945.80. 01:24:48
This slide itemizes those costs. 01:24:54
Including amounts for the missed contractual payments, late fees. 01:24:56
Supplemental compliance inspection. 01:25:00
Financial Audit. 01:25:02
And the development review fee. 01:25:03
It should also be noted. 01:25:04
That while not on this list. 01:25:06
The invoice for the annual regulatory inspection is being processed and that would be an additional cost that the developer is 01:25:07
responsible for. 01:25:11
In June of this year, staff notified of the developer that it was out of compliance, requested payment for the outstanding amount 01:25:19
due. 01:25:22
And advise that the development agreement would be reviewed at this October 20th meeting. 01:25:25
In July, staff visited the store and subsequently made more than a dozen attempts. 01:25:29
Using voicemail. Using e-mail and phone. 01:25:33
To facilitate. 01:25:36
A plan for the developer to get back into compliance. 01:25:37
Ultimately, the developer missed scheduled meetings and stopped communicating with staff. 01:25:40
In September, the city formally offered a payment plan and sent communication regarding the scheduling. 01:25:48
Of the annual regulatory inspection. 01:25:53
Later in the month, the city was contacted by a third party. 01:25:55
Who indicated that he was hired to assist the the business with compliance issues. 01:25:58
The individual inquired whether a regulatory inspection was appropriate. 01:26:03
Considering the business was not operating. 01:26:06
This was the first communication the city had received that the business was not operating. 01:26:08
In early October, the city provided the developer with notice of this public hearing. 01:26:13
And shortly thereafter, the city received notice. 01:26:17
That a court appointed receiver. 01:26:19
Had been assigned to manage the businesses. 01:26:21
Assets. 01:26:23
Based on my conversation with the receiver's legal representative earlier today. 01:26:26
I understand. 01:26:31
That the receiver is here this evening and intends to speak on this item. 01:26:32
Further, I understand that the receiver is prepared to make a payment for all outstanding costs. 01:26:36
Other than the late fees. 01:26:41
If the City Council were to agree. 01:26:42
To waive those fees. 01:26:45
Staff is encouraged and excited to restart communications with this business about how the business, how the developer might get 01:26:49
back into compliance. 01:26:53
However, I just wanted to note. 01:26:57
That the. 01:26:59
Cities objective is to hold all businesses to the same standard. 01:27:00
And the late fees are? 01:27:04
Included as an assessed. 01:27:05
Penalty. 01:27:07
For failure to pay within the required time frame. 01:27:08
And serve as an enforcement mechanism to encourage. 01:27:10
Timely compliance from all businesses. 01:27:14
So once again, the recommendation here is to make a finding of default. 01:27:19
And provide 30 days to cure if the Council. 01:27:24
Is inclined to. 01:27:28
Consider options with the receiver here. 01:27:30
We would be happy to communicate with the receiver. 01:27:33
See if we can. 01:27:36
Come to a mutual agreement and return to the Council with a plan that would allow for the curing of the agreement. 01:27:37
The final agreement subject to review. 01:27:46
At the hearing, is that between the city and the Fire Garden Group, LLC? 01:27:48
Which once again is. 01:27:52
For a retail dispensary with ancillary delivery services. 01:27:54
That agreement was approved in March 2022. 01:27:57
And the business open for operation in December of 23. 01:28:00
In August of last year, the business stopped making contractual payments. 01:28:03
Which are. 01:28:07
Equal to 5% of its gross revenues. 01:28:08
Despite regular reminders about these overdue payments from the city. 01:28:10
In June of this year, staff notified the developer was out of compliance. 01:28:14
Requested payment for the outstanding amount. 01:28:17
And advised that the development agreement would be reviewed tonight. 01:28:20
On October 20th. 01:28:23
The total out mounting. 01:28:27
Outstanding amount. 01:28:28
From this developer is $56,686.91. 01:28:29
Once again, this slide provides an itemization of the costs including the missed contractual payments, associated late fees. 01:28:34
Costs associated with the businesses initial approval process. 01:28:39
Financial audit and annual review fee. 01:28:42
In July and August, staff attempted to visit the business. 01:28:47
On a number of occasions, and it was closed each of those occasions. 01:28:50
I also used e-mail and telephone to communicate with the developer. 01:28:53
Staff communicated concerns about. 01:28:57
The city, the. 01:28:59
The developers lack of response to city outreach. 01:29:00
As well as its failure to renew its business license. 01:29:02
Missing monthly reports that are required to be provided. 01:29:05
And two concerns regarding the business's hours of operation. 01:29:08
One being reports that it was open and active after its permitted hours of operation and a second about intermittent or closed 01:29:11
during regular business hours. 01:29:16
The developer confirmed that activity had happened after its permitted hours of operation, but assured staff that. 01:29:22
Action had been taken to ensure that this would not reoccur. 01:29:28
It also shortly thereafter took action to renew the business license. 01:29:32
And provide missing monthly reports. 01:29:36
In September, staff formally offered a payment plan. 01:29:41
Continue to attempt to visit the business in person. 01:29:44
And provided notice regarding the annual regulatory inspection. 01:29:47
The developer has not executed the payment plan. 01:29:51
The business has continued to remain closed. 01:29:54
And the annual inspection, which is a requirement of the conditional use permit. 01:29:57
Was not conducted. 01:30:01
As the business was closed and. 01:30:02
No representatives were present at the date and time that was scheduled. 01:30:04
Earlier this month, staff sent notification about this hearing so the developer would be aware. 01:30:09
And once again, based on these facts, staff is recommending that council. 01:30:15
Adopt A resolution finding the developer to be out of compliance and providing. 01:30:18
Written notice in accordance with that finding. 01:30:22
In addition to reviewing those agreements, this item provides the opportunity to discuss the city's cap on the number of cannabis 01:30:26
based businesses in the city. 01:30:30
When the city's cannabis. 01:30:34
Program began, the market was still developing and competition was somewhat limited. 01:30:36
As noted, the city's primary purpose for this program was to enhance the general fund revenues. 01:30:40
And the city ended up approving, as the city manager referenced earlier, a total of 17 development agreements. 01:30:45
Based on staff's recent communication with cannabis businesses. 01:30:50
It is apparent that many are finding the current business environment challenging. 01:30:53
And much different than when the cities. 01:30:57
Program began. 01:30:59
Discussions with these businesses. 01:31:01
Have included concerns. 01:31:03
About competition from illegal cannabis sales. 01:31:05
High state taxes and difficult regulatory requirements. 01:31:08
Increased competition from adjacent cities. 01:31:11
And some broader economic challenges. 01:31:13
As we know, Emerald Perspective closed earlier this year. 01:31:20
And as we discussed this evening. 01:31:23
HPC has permanently closed as well. 01:31:25
Element 7 and Fire Garden are not currently operating. 01:31:28
And based on my conversations, there are a number of other cannabis businesses that have experienced. 01:31:31
Operational challenges. 01:31:35
Section 3987.1 of the Municipal Code sets the cap on the number of businesses that are allowed. 01:31:38
For quick review, it allows 12 retail dispensaries, 6 delivery only businesses. 01:31:44
Five cannabis lounges. 01:31:49
10 manufacturing licenses. 01:31:51
And eight distribution licenses. 01:31:52
Given current market conditions, staff is recommending that the Council provide direction to staff to consider the appropriate 01:31:56
number of businesses. 01:31:59
That should be allowed to operate in the city. 01:32:02
And return with a proposed revision to that section of the municipal code. 01:32:04
As part of the item, we're asking Council to find make a sequel, finding that this action is category. 01:32:11
Categorically exempt. 01:32:16
Section 15309. 01:32:18
Provides that inspections to check for performance of operations. 01:32:20
Is one of the sequa exemptions. 01:32:23
In the fiscal impact, so making a finding of default for any or all of these agreements does not have a direct financial impact. 01:32:29
If any were to eventually be revoked, if they were not cured, it would prevent any of these businesses from providing revenues in 01:32:37
the future. But right now, none of them are providing revenues to the city. 01:32:42
Any monies that are owed by businesses that have been opened would be. 01:32:48
We would continue to pursue. 01:32:52
The collection of those funds, regardless of any action here this evening. 01:32:54
And in closing, just a restatement of the recommendation. 01:33:00
It's to open the public hearing and take testimonial and documentary evidence. 01:33:04
Close the public hearing and consider the evidence. 01:33:08
And adopt resolutions determining that the following cannabis businesses are out of compliance and a default of their respective 01:33:11
development agreements. 01:33:14
Providing for the revocation of the agreement and initiation of the process to repeal and revoke associated conditional use 01:33:18
permits if such default is not cured within 30 days. 01:33:22
HPC. 01:33:28
Port Windy Organic team. 01:33:29
PH Investments. 01:33:31
And fire garden. 01:33:33
And direct staff to prepare an amendment for future consideration by the City Council to Section 3987.1 of the Port Miami 01:33:35
Municipal Code. 01:33:38
To reduce the maximum number of cannabis based. 01:33:42
Businesses. 01:33:44
And make a determination that the project. 01:33:45
Exempt from sequa. 01:33:47
And take such additional related action that may be desirable. 01:33:48
I conclude the staff presentation. I'm available for questions. 01:33:53
Great. Thank you, City Manager. 01:33:56
Thank you. 01:33:57
I'll just, I just wanted to. 01:33:58
To highlight on that last slide, the. 01:34:00
The uh. 01:34:02
Reminder that. 01:34:03
By finding. 01:34:05
Any business out of compliance. 01:34:07
They actually do have one more 30 day period to cure. 01:34:10
So, you know, we had a little bit of a wrinkle today with one of the businesses coming in. 01:34:14
Today to talk to us but. 01:34:19
Taking. 01:34:21
The recommended action doesn't preclude us from. 01:34:22
Having that conversation and if. 01:34:25
If we believe that the businesses can cure any of the businesses come forward with the plan to cure the issues, we could bring 01:34:27
those back to council to to consider. 01:34:32
But I just wanted to reiterate that even with that wrinkle. 01:34:36
Our recommendation is to. 01:34:39
Remains the same to proceed with this plan and then that we would pursue the carrying those within those 30 days. 01:34:42
So thank you. 01:34:49
Great, great. 01:34:50
Are there any? 01:34:52
Questions for staff. No comments. We'll hold comments and discussion till later. 01:34:53
Councilmember Perez, yes, thank you. I have a couple of questions. The first one is regarding HPC. Is there Oxnard location open 01:34:58
and active? 01:35:02
And taking in revenue? 01:35:07
To the best of my knowledge. 01:35:09
It is open, it's the one located near the Esplanade. 01:35:11
I did not see amounts owing. 01:35:15
How much they? 01:35:18
Are in default. 01:35:19
Is there any way to collect from that? 01:35:20
Open business. 01:35:23
What they owe us. 01:35:24
Yeah, the amount is approximately $13,000 that they owe the city. 01:35:26
And yes, regardless of any action taken tonight, the city would continue to pursue opportunities to collect from them. 01:35:32
OK. My second question is how long out of compliance with the state? 01:35:39
Starts getting involved as it did with Emerald Perspective. 01:35:43
Well, it's. 01:35:48
The one distinction just to make on our perspective is that our understanding. 01:35:51
It was that they were out of compliance with state licensing requirements. 01:35:56
And so we are not sure we know that these businesses are out of compliance with our development agreements. We don't know that 01:36:00
they that doesn't necessarily mean they're out of compliance with the state licensing requirements. 01:36:05
But our understanding was that they had been out of compliance for quite a while because we had heard that. 01:36:11
The state had some concerns and just for. 01:36:16
Maybe something people? 01:36:19
Might not know is that there is some coordination. 01:36:21
Between the like the city and the state regulations where there's some communication. 01:36:25
On going back and forth and so we do tend to hear about those things so. 01:36:29
So I don't think we've heard of any state issues related to any of these businesses. We have not. There are a number of different 01:36:34
state requirements, one of them through the DCC, I'm sorry, through the. 01:36:40
CDTFA. 01:36:46
Is the requirement to pay excise taxes to the state? 01:36:47
And if they find that a business is in default or not doing that appropriately, they'll revoke the sellers permit. That was the 01:36:50
case with Emerald Perspective but. 01:36:54
The city does get notice when that occurs and we have not received such notice for these businesses. OK. And my final question is 01:36:58
with Element 7. 01:37:02
I understand there's a receiver. 01:37:06
But what is the intent of the business? Is it? 01:37:08
Plan to. 01:37:10
Take care of its debts and then reopen or just take care of its debt. 01:37:12
So my recommendation, I believe the receivers here. So my recommendation would be asking. 01:37:16
Them for their plan. I know we have reached out to get the plan. I don't think we had received one until maybe. 01:37:21
Before the meeting, so I would suggest letting them. 01:37:26
Explain it. 01:37:30
Because I don't think we're prepared to. 01:37:31
And that is the end of my questions. Thank you. 01:37:33
Councilman. 01:37:36
Councilmember Comma. 01:37:37
So HPC. 01:37:39
Have we? 01:37:42
Attempted to collect. 01:37:44
From the monies that they owe us. 01:37:45
Attempts have been made, notifications have been provided to the business owners and requests have been made. 01:37:50
Finance department gets into. 01:37:55
Multi phased approach 1 is just communicating directly, offering to set up payment plans, requesting payment for outstanding 01:37:59
monies. 01:38:01
And after a certain period of time when that is unsuccessful, we transition to actually using a collection agency to try to 01:38:04
recover those dollars. And are the late payments accruing as more time goes on? Because I noticed that one of them, the late 01:38:10
payment was more than the initial amount principal owed. 01:38:15
So is that how it's written? 01:38:21
It is the late payments accrue. 01:38:24
Really, the the best thing businesses can do is communicate with the city. 01:38:27
If they communicate and they start making payments or they enter into a payment plan, the city stops the late payments. But when 01:38:31
payments are missed and there's no communication with the city? 01:38:35
Late payments are. 01:38:40
Are applied for each. 01:38:41
Month when that payment that's due is not paid. 01:38:44
Right, so is there. 01:38:46
A mechanism for the city. 01:38:49
To negotiate out the late payments, I mean as. 01:38:50
Because it just seems like we're not going to get paid. 01:38:54
Unless we. 01:38:57
Come to the table. 01:38:59
With Council direction, we. 01:39:00
Would be able to negotiate the amount of the late payments. 01:39:03
I believe that's. 01:39:07
Part of the request that element 7 is going to make. 01:39:08
Tonight and. 01:39:12
And the only comment we would have about that is that we. 01:39:14
We've really put a focus on in the last couple months as we had some staff changes. 01:39:17
We have. 01:39:21
Really put a focus on. 01:39:22
Creating communication with. 01:39:24
With all of the dispensaries and credit to Charles who I think has actually gone out and met with every single business in the 01:39:25
last. 01:39:29
Two to three months. 01:39:33
And one of the things that we are. 01:39:35
That we heard loud and clear from the businesses is. 01:39:37
That the businesses that are doing all those things right and are spending all of those. 01:39:40
Dollars, you know. 01:39:45
Paying their taxes, paying their fees. 01:39:46
They said. 01:39:48
Make sure everybody's. 01:39:49
Being held to that standard. 01:39:50
You know, because. 01:39:52
But I'm pretty sure that it's a small community and that they know when 1, one's paying their taxes and 1 isn't or one's paying 01:39:53
their development agreement fees and 1 isn't. So we actually heard loud and clear from some of the businesses who said we know 01:39:59
we're doing things the right way. Are you holding everybody else to the standards? And so I think there was a little period we had 01:40:04
some staff transition where. 01:40:09
Things got. 01:40:15
Behind. 01:40:16
You know, over those 6 to 12 months, but. 01:40:17
We have been meeting with them to get everybody caught back up. 01:40:20
Like Charles said, our finance department. 01:40:23
Has gone above and beyond to offer payment plans and meet with people to explain it and walk through it. And there are some 01:40:26
businesses, businesses who took us up on that and then. 01:40:30
Actually did get back into full compliance after a couple of, you know, a couple rough months or, or those months we talked about 01:40:35
where the state had increased the taxes and it caught everybody off guard. 01:40:40
And now that that's rolled back, some of those businesses are catching back. 01:40:46
Up but. 01:40:49
But. 01:40:51
You know. 01:40:53
It's. I think that's going to be a request. 01:40:53
It's something we're willing to have that conversation on, but we just have to. 01:40:56
Remember that. 01:40:59
We have 17 businesses to treat. 01:41:00
Fairly and. 01:41:02
Equally right, and I'm pretty sure I. 01:41:03
Know the answer to this question but. 01:41:05
Each one of these are businesses. 01:41:08
Understood the late payment. 01:41:10
Program. 01:41:11
When they signed the dotted line. 01:41:13
Yeah, the development agreements. 01:41:15
Refer to late fees. 01:41:18
That everybody signed on board. 01:41:20
You know that that all businesses. 01:41:22
Signed on to those development. 01:41:25
Right, it was clear. 01:41:26
On the late payments. 01:41:29
OK, so. 01:41:33
Maybe it wasn't. 01:41:35
It's it's in the. 01:41:36
Agreement. I guess if you're asking if everybody understood what they signed, I can't. 01:41:38
Question. 01:41:42
OK. 01:41:44
Great. Thank you, Councilmember Hernandez. 01:41:47
So do we. 01:41:50
Do we know if? 01:41:52
Each of these businesses actually own the property that they are. 01:41:53
That they are in right now. 01:41:59
Or they leasing properties or? 01:42:00
For instance, Red Mule, I mean they bought that building. Yes, I was. 01:42:04
I was going to say we so we would have records. 01:42:08
On each of those so we could answer those I think. 01:42:10
I don't think we. 01:42:13
Identified that in tonight's. 01:42:14
Meeting so we would have to. 01:42:16
Bring that information back, but red Mule. 01:42:18
Bought the property from us so they do own their property. 01:42:20
I'm looking at the others, none of the others jump out, just as an example if they can't. 01:42:24
Cure their debt within 30 days. What happens I do? Can we? 01:42:30
Well, Red Mule is a little How do we? How do we? 01:42:36
Recoup our. 01:42:38
Our costs? Do we go after the property? Do we? 01:42:39
What do we do? So just a couple of. 01:42:43
Maybe distinctions is that there are a couple these businesses that are being considered tonight that actually don't owe. 01:42:47
Any money South? 01:42:52
A red mule. 01:42:54
As the example, they just aren't in compliance because they are making no progress to getting open. And yeah, you all may may 01:42:55
remember that we actually had this conversation I think two years ago and we decided to give them one more chance. So. 01:43:02
So for them, you know what they'd have to do to get into compliance and cure within 30 days is they would need to open their or 01:43:09
open their micro business in the next 30 days. 01:43:14
Which is, or at least make, you know, make significant progress towards it. 01:43:19
The I think it's three of them, so that's two of them that. 01:43:23
Do not. 01:43:27
Dollars, that's not their issue. 01:43:28
So the three that do. 01:43:30
I think we have a couple of steps, but you know, collections and a couple of things, but at the end of the day. 01:43:33
If they don't. 01:43:40
On their property. 01:43:41
It may be. 01:43:42
And if they've closed down, it may be difficult to collect, but we are going to. 01:43:44
To do our best to do what we can. And then my last question, if I don't see the number of the breakdown of the number of. 01:43:47
Businesses. Cannabis businesses allowed. 01:43:56
Under our ordinance, can you just rattle those off again, please? 01:43:59
Sure. 01:44:02
The municipal code allows for 12. 01:44:03
Retail. 01:44:05
Cannabis dispensaries. 01:44:06
OK. Six delivery only businesses. 01:44:07
Five cannabis lounges. 01:44:12
10 manufacturing licenses. 01:44:17
And eight distribution licenses. 01:44:19
OK. 01:44:21
Thank you. 01:44:24
OK, that's it. Thank you. Thank you, Mayor Pro Tem. 01:44:27
Yes, so. 01:44:30
Specifically talking about. 01:44:32
HPC fire Garden. 01:44:34
Since they got so far behind. 01:44:38
What? What process do we have in place once they pass 30 days? 01:44:41
60 days. 01:44:48
You know they. 01:44:50
You should. 01:44:51
This should have been brought up to the Council, not. 01:44:52
Four or five, six months left down the road, right. 01:44:54
So what process do we have that? 01:44:57
That's our trigger. 01:44:59
To start the 30 day. 01:45:03
Do we have one? 01:45:05
We we do have a process, I think. 01:45:07
What I would say is we moved the. 01:45:10
Cannabis program into the city manager's office July 1st and immediately it became apparent that. 01:45:14
Several of these had been several months behind. 01:45:21
And uh. 01:45:24
I think the. 01:45:25
Really it just boils down to. 01:45:26
This is the first time we're really having this conversation about. 01:45:28
Actually. Like really? 01:45:31
Enforcing the compliant the development agreements. 01:45:33
And I think that that. 01:45:36
Those 2GO together. The reason we're having this conversation is because. 01:45:37
We. 01:45:40
As we moved into the city manager's office. 01:45:41
We started to review and we saw that they. 01:45:43
They were. 01:45:46
Several months behind that. 01:45:47
You know, we tend to get the response of like. 01:45:49
You know, from businesses saying like, yeah, we'll, we'll get back on track or we'll get back to you, but you can't let that go 01:45:52
forever. And then like I said earlier, and then we met with. 01:45:56
The businesses and one of the biggest things we heard was hold everybody to the same rules and enforce. 01:46:01
The requirements that we're having to meet, so. 01:46:06
That led to. 01:46:09
Why we? 01:46:11
Put this on the agenda and why we brought it forward so. But we do have internal processes I think. 01:46:12
We have our finance department flags. 01:46:19
When businesses are falling out of compliance, I think the missing piece was then. 01:46:22
Now it's going to be the city manager's office then saying, OK, they're too far out of compliance, we need to bring it forward. It 01:46:25
does take some time just to make the point of like, and I think the council's aware I had. 01:46:31
Flagged this. 01:46:36
Saying this would be coming to a council meeting probably two months ago, but then it there's a public hearing notice. 01:46:37
A requirement and then. 01:46:44
We have to get it scheduled on the agenda so. 01:46:45
It does take a couple months so. 01:46:47
I wouldn't be surprised, you know, if we flag it when people fall a month or two behind. 01:46:49
We're probably going to be talking about it. 01:46:54
Potentially when they're. 01:46:56
Three or four months. 01:46:57
Behind but but. 01:46:58
But we're going to be more on top of it. 01:46:59
We have been in the past. 01:47:01
Now, emerald perspective, did we recoup? 01:47:03
Any money that was due. 01:47:06
We did receive a payment. 01:47:10
From them. 01:47:12
Before. 01:47:14
The business completely went. 01:47:15
Under. 01:47:17
And we did file a claim with the state as the state had. 01:47:18
Seized their their property and their assets. 01:47:23
We have not received a response from the state. 01:47:27
In regards to that claim as of yet. 01:47:30
And the Finance department is continuing to make efforts to use collection methods to collect any money but just that initial 01:47:33
payment. 01:47:37
Before the business completely closed is what we recovered. 01:47:42
OK, so if let's say our memorable perspective and. 01:47:45
I know I'm going to be going out of business. 01:47:50
What's the process, What's the mechanism to get out of that agreement? 01:47:53
Is there? Do we have one? 01:47:58
Is the question like if they wanted to stay open and? 01:48:02
We're I'm quitting business because I'm just not. 01:48:06
And I need to. 01:48:11
Cease operations. 01:48:13
What's step one? Do we have this? 01:48:15
Because this seems like. 01:48:17
They they were asking them that you they're not in compliance. 01:48:18
But they're going out of business, so they're not going to. 01:48:23
They're not going to get in compliance because. 01:48:25
They're exiting the door, right? 01:48:28
So. 01:48:31
Does our ordinance. 01:48:32
State how to get out of this agreement. 01:48:33
It doesn't. 01:48:36
State how to get out of it. 01:48:38
But. 01:48:40
The the process is what Emerald Perspective ended up doing after. 01:48:42
You know, I'm sure council members, but maybe not everybody watching, but the Emerald perspective came to a couple meetings and 01:48:46
said give us a chance to get back into compliance and then ultimately after two or three. 01:48:51
Attempts and I think we had given them like one last chance. 01:48:57
They essentially sent us a notice that. 01:49:01
You know we're closing. 01:49:03
We aren't going to continue and we aren't going to pursue this agreement any further. So any. 01:49:05
Business could send us that. 01:49:11
And essentially, we would know. 01:49:12
You know that the agreement is coming to an end and. 01:49:14
Basically, agendize it to come to council to accept the termination of that development agreement. 01:49:18
So that that would be. 01:49:23
The process I think. 01:49:25
The challenge? 01:49:26
For us has been more that most businesses are saying. 01:49:27
You know we're. 01:49:30
Trying and. 01:49:31
Give us some more time to keep trying. Or can you, you know, hold off? 01:49:32
On these requirements for a couple more months, that's really been the challenge that we're now trying to make sure everybody 01:49:36
understands that we need to hold everybody to the agreements. 01:49:41
So when when was the city in? 01:49:46
Warmed that. 01:49:48
Element 7. 01:49:50
Went into a receivership. 01:49:52
Beginning of October. 01:49:56
Do we have a reason why? 01:49:58
We received notice that court documents indicated that a receiver had been appointed. We did not. 01:50:02
Receive additional information. I'll turn to the city attorney. I know she communicated with the legal representative for the 01:50:07
receiver. Perhaps she has more information. 01:50:10
No, we were not provided the information of what prompted. 01:50:13
The appointment of a receiver. 01:50:17
Just that a receiver wasn't. 01:50:19
Was appointed. We received a copy of the order. 01:50:21
Of receivership. 01:50:24
Have had some communications. 01:50:25
With their attorney. 01:50:27
Certainly because the city was not a party. 01:50:29
To that lawsuit, umm. 01:50:32
It's based in Santa Monica, which I thought was kind of interesting. 01:50:35
We're not bound. 01:50:39
By that receivership order. 01:50:41
Nor does it have any. 01:50:43
Really any effect? 01:50:45
On the city. 01:50:47
And since. 01:50:50
So we. 01:50:52
Technically have 12 of the 17. 01:50:52
Dispensaries in compliance. 01:50:55
I would say. 01:50:59
That. 01:51:01
We strategically. 01:51:02
Sort of tried to group them with. 01:51:05
The five that we think are pretty clearly out of compliance so we could have this conversation. 01:51:08
We're planning to bring back. 01:51:13
The ones that are generally in compliance and there's there's probably a group of them that are generally in compliance when I say 01:51:15
generally that. 01:51:19
That means. 01:51:24
In compliance with, you know, most of the terms of the agreement, but there might be one or two things that they're. 01:51:26
Out of compliance on and. 01:51:32
That those are we're going to bring those back for a conversation and then we have a group that are fully in compliance and it's 01:51:34
it's. 01:51:38
Pretty much. 01:51:42
Probably in those thirds it's probably like 5-5 and five. 01:51:43
But the other? 01:51:47
These are the ones that have fallen significantly behind and haven't come back to work with us on like a payment plan or you know, 01:51:49
and actually sit down and work it out and start making payments on it. 01:51:55
So these are the five that. 01:52:01
Have not even. 01:52:03
Have not met that. 01:52:05
And that was it. 01:52:10
Yeah, just one question, City Manager, you said 555, so we actually have 15. 01:52:12
I was just giving a rough approximation. How many do we have? 01:52:16
So we had 17 emerald perspective. 01:52:21
Now technically, you know the development agreement is. 01:52:24
Is cancelled, so we now have 16. 01:52:29
And so. 01:52:32
And then this is. 01:52:34
Five of those 16. 01:52:35
Can I have one more question? 01:52:38
So. 01:52:40
When we feel that. 01:52:41
You know that. Say they're at. 01:52:44
Day 60 and we're waiting to get in council. 01:52:45
Why can't we? 01:52:49
Amend our ordinance. 01:52:52
So that the city manager has the authority to start. 01:52:54
The revocation of. 01:52:58
The agreement. 01:53:01
And then? 01:53:02
Then it can come to council. 01:53:04
The simple answer and I've. 01:53:06
I've been asked a few questions that sort of tie back to this question of. 01:53:10
You know, can we change the agreements? 01:53:15
You know, and the simple answer. 01:53:18
Is we technically could, but because there's 17 or 16 of them. 01:53:20
And there's not really. 01:53:26
Much incentive to the businesses to renegotiate their. 01:53:28
Deal with us right now. 01:53:32
That hasn't been an approach. 01:53:34
We've attempted. 01:53:35
My guess is, I mean even just, you know, getting some to respond for the review is difficult enough. So I guess and actually I 01:53:37
could say this factually is we had done some adjustments to the development agreements to try to reduce their fees about 18 months 01:53:43
ago and some of the businesses still haven't. 01:53:48
Returned those. 01:53:53
Agreements, which is actually like, hey, sign here and you'll save money and some still haven't done that. 01:53:55
So so. 01:54:00
You know, it's in a perfect world, I think. 01:54:02
It's one of those things where timing is important and I think when. 01:54:05
Cannabis businesses were really doing well and there was really a big incentive and Winnie B was the only city in town or, you 01:54:08
know, city in the county and they really wanted to. 01:54:12
To focus on Waitemi, we probably could have renegotiated. 01:54:15
These agreements, but. 01:54:19
We're just at a point where. 01:54:21
It it doesn't seem. 01:54:23
Very feasible. 01:54:25
But I think what we're looking to do is be more. 01:54:27
On top of not letting them fall 5 or 6 months. 01:54:31
Behind and I think that that solves. 01:54:34
A lot of the issues we're talking about. 01:54:37
Great. Any other questions? 01:54:41
One follow up. 01:54:42
Safe to say that we have 3. 01:54:45
Dispensaries that are. 01:54:48
Mostly compliant and not. 01:54:50
In default on payments to the city. 01:54:53
I think we have a. 01:54:58
Few more than that. 01:54:59
I think we have. 01:55:00
I was talking dispensaries, but so the. 01:55:02
The delivery services is something that we never. 01:55:05
Hear about. 01:55:08
And I'd be interested to understand like. 01:55:10
What's the breakdown? 01:55:13
Delivery versus dispensary and clearly the manufacturing is. 01:55:15
Never turned. 01:55:20
A sale, therefore there's no money owed to the city. 01:55:21
Yeah, the manufacturing and cultivation really haven't. 01:55:24
Done much, I would say. 01:55:28
I think if. 01:55:29
So we said these are the five that are. 01:55:30
Really. 01:55:32
Like almost completely out of compliance I would say the other. 01:55:33
What does that leave 11? 01:55:36
Or at least generally. 01:55:38
If not. 01:55:40
Completely in compliance. 01:55:41
Right. And then. 01:55:42
Good to great. What I'm trying to understand is. 01:55:43
Of those 11, how many are dispensaries? 01:55:46
And I forgot the name of the dispensary on bulker. 01:55:50
Which was? 01:55:52
Cultivation and we shouldn't necessarily talk about specific dispensaries tonight, but there is one on Volcker that has. 01:55:53
Cultivation and the only issue. 01:56:03
Well, OK. Yeah, we're off topic. We have a total of five delivery businesses, if that helps answer your question. And the 01:56:06
remaining businesses that were not discussed tonight will be presented at a future council meeting to City Council, right. And any 01:56:12
business that wasn't in business and didn't generate any sales wouldn't have any. 01:56:17
Obligation to pay us any money, therefore. 01:56:23
Yep, not a part of this. 01:56:26
Yeah, OK. The. 01:56:27
Two of those businesses that never opened, never generated any money are being proposed. The are part of this tonight. 01:56:30
Right, correct. 01:56:35
Great. Thank you. 01:56:37
So we've concluded our questions. So we're now going to. 01:56:38
I open the public hearing for public input. The time is now 826. Are there any public comments regarding this item? 01:56:43
Yes, we have one public comment from Mr. Kevin Singer. 01:56:50
Good evening, City Council and city attorneys. 01:56:58
I'm Kevin Singer. I'm the. 01:57:02
Court appointed receiver and I work for Judge Mark Younger at a Santa Monica court. 01:57:04
I'm gonna reply to you guys briefly. 01:57:11
But I'm going to answer your questions too. I jotted them down as. 01:57:14
As I was sitting here listening in. 01:57:17
The reason why this was filed out of Santa Monica was because. 01:57:20
This involves. 01:57:24
7. 01:57:25
Dispensaries for element 7, not just the one import. 01:57:26
Unimi, but also other ones all throughout the state of California. 01:57:30
So that that was the venue that was used for it to answer that question. 01:57:35
My my main responsibility. 01:57:40
As I was appointed to run and operate. 01:57:43
PH investments or element 7. 01:57:46
Who's located at 455 W Channel Island Blvd. 01:57:49
And the reason why I was appointed is because there was a. 01:57:54
A senior secure creditor who wasn't being paid. 01:57:58
And So what they did is they went to the courts and said, hey. 01:58:02
We're not being paid so. 01:58:05
Can we have a court appointed receiver put in charge of all their businesses? 01:58:07
To try to salvage them, run operate them. 01:58:11
And hopefully sell them to help pay them and pay other creditors. 01:58:15
And uh. 01:58:19
Pay the city's taxes as well. 01:58:20
So the the goal of my receivership is to run and operate these businesses. So taxes and creditors. 01:58:25
And investors can be paid. 01:58:33
And like I said, most importantly is the city, which needs to be paid as well. 01:58:35
I just. 01:58:41
Over the last 15 years, I've run an operator over 35 of these businesses. 01:58:42
I've run and operated over. 01:58:48
50 retail operations so I'm. 01:58:50
I'm very familiar with these businesses. 01:58:53
And everything the city attorney said about them being overly challenged these days. 01:58:56
Is completely true. 01:59:01
For all the reasons they mentioned. 01:59:03
It's not. It's not the business it once was. 01:59:05
Umm. 01:59:09
But the one thing I want to say is about this location there. 01:59:14
Is that it is a good location and I think it is a viable business and I think it can make it. 01:59:17
With the right management in place. 01:59:23
The reason why I came tonight was asked the. 01:59:26
Council not to put this location in default or revocation. 01:59:29
And give us 30 days to bring the taxes current. 01:59:33
But after listening. 01:59:37
I I guess we're going to have time anyways. 01:59:40
That I learned tonight to pay these taxes and everything. 01:59:42
So that we can do that, which I sincerely appreciate. 01:59:46
Thank you very much. Certainly it would help us tremendously. 01:59:49
If the late fees, which are almost as much as the. 01:59:54
The fees that are due. 01:59:59
Could be. 02:00:00
You know, eliminated. 02:00:02
I mean, we're currently talking with your finance department. 02:00:05
I already have a commitment from the senior secured to pay. 02:00:08
The actual taxes which is about $27,000. 02:00:11
I haven't gotten the late fees out of them yet, but it would help us tremendously. 02:00:16
But that's obviously something you need to decide as a City Council. 02:00:21
Great. 02:00:25
Yeah. Do we, can we hear a few? Yeah, I would, I would suggest since he's representing one of the the parties that he go right 02:00:27
ahead. 02:00:31
Great. I mean that those are the main thing that I got up here say. 02:00:35
I stand ready to answer any questions you might have either about this specific business. 02:00:38
Or or about the cannabis industry in general. 02:00:44
Our main goal for this location is to get it back reopened again as quickly as possible. 02:00:48
And then get it operating. 02:00:55
And then find new ownership. 02:00:57
To come in and. 02:00:59
And take over and run and operate it. 02:01:01
Our senior secured as a company called NUG. 02:01:04
Which is. 02:01:07
A very large. 02:01:09
Cannabis company throughout the state of California. 02:01:10
That I don't think they're going to see their. 02:01:13
Their money paid back. 02:01:16
So they're very interested in potentially taking over this location and running and operating it so. 02:01:17
That's most likely the direction we'll go as this moves forward. 02:01:24
I think it would be a great operator. 02:01:27
Very stable, very compliant. 02:01:30
And a good person to have in this community. 02:01:33
OK, that's it. Great to answer any other questions. 02:01:36
I'm, I'm not sure we want to take this as the public comment section of we're going to come back to a discussion. Are you going to 02:01:40
be here? 02:01:43
If you'd like me to, I'd be happy. Can you just, can you just wait? Do we have any other public comments? 02:01:47
No other public comments? Well, there you go. 02:01:52
Any questions, Mayor Pro Tem? 02:01:56
Yeah, so. 02:01:58
So. 02:02:01
City. 02:02:02
Assistant City Manager, You said that they paid July, August. 02:02:04
Taxes are. 02:02:08
To the general fund, correct? 02:02:10
So September what? 02:02:12
Was whether they compliant. 02:02:13
The month of September they were not operating. 02:02:16
OK, so is the goal. 02:02:18
Of element 7 to. 02:02:21
Is like a venture capitalist you. 02:02:23
Get the business. 02:02:25
Groomed to sell. 02:02:26
The primary goal, yes, yes, I mean that's we're going to get it reopened again. That's the goal. 02:02:28
Obviously. 02:02:34
I think Nug is very interested in coming in and running and operating this. 02:02:36
You know, but. 02:02:41
They want to be reassured that it's, you know, not, not going to be shut down if they're going to invest money, pay taxes, things 02:02:42
like that. 02:02:46
That the intention is not to. 02:02:49
To close down the business and I'm not asking the city to. 02:02:52
Give a response to that. 02:02:55
But based on my experience, I think it's a viable. 02:02:57
Location, I think it could be a good business there. 02:03:01
And that's the direction we're going to go. 02:03:04
Have any other questions, attorney? 02:03:07
You have anything? 02:03:08
The only. 02:03:09
Comment I have is with respect to a new operator. 02:03:10
Wouldn't that operator need to be approved by both the state and the city? 02:03:15
And I don't think that that has happened yet. 02:03:20
And also in connection with a potential sale. 02:03:23
That would have to be approved by judge. 02:03:27
Is my. 02:03:29
Understanding of the process and that hasn't happened yet. 02:03:30
Is that correct? Yeah, that that's correct. All those things need to happen. 02:03:34
Including. 02:03:39
Yes. 02:03:40
Well, first we need to get. 02:03:43
Straightened out with the city, we need to get on good terms. 02:03:45
With with the city and everything. 02:03:48
We need to work towards reopening this location and know that. 02:03:50
That that's going to be a. 02:03:53
Viable path forward. 02:03:55
And then the next step is we'd bring it in for a court approval. 02:03:57
With the court to approve it. 02:04:00
And then the next step would probably be we'd, we'd probably what we can, we can do it now, we'd probably enter into some type of 02:04:02
management service agreement. 02:04:06
So they're not owners of it. 02:04:10
But they're running and operating the business under the. 02:04:12
The receivership as a manager of the business, even though the receiver still overseeing it. 02:04:15
Making sure they're making payments, making sure they're doing everything legal. 02:04:21
And then the court approves it. 02:04:25
And then it comes to the city. 02:04:26
And the city has to interview them and decide. 02:04:29
If they're going to allow them to become owners of the business. 02:04:31
And then the next step is we have to take it to the state. 02:04:36
And we have to get the state. 02:04:39
To issue them new licenses. 02:04:41
If the city is willing. 02:04:43
To take them on as owners. 02:04:46
So there's a lot of steps. Excuse me, My understanding is that the state has authorized you to be the operator, not somebody else. 02:04:48
Is that correct? 02:04:52
Operator overseer of the business. 02:04:58
It doesn't preclude me. 02:05:01
From hiring management companies to come in and manage and operating it. 02:05:02
And that's what they be. The role would be management. 02:05:06
Do you have any other questions, Mayor Projek? 02:05:10
Did you have something? Yes, just. 02:05:12
We we aren't doing this yet, but. 02:05:17
But just. 02:05:20
I was gonna just note. 02:05:22
Typically when we do these reviews. 02:05:24
If I would always advise. 02:05:27
You know, it starts to maybe turn into a compromise. 02:05:29
A negotiation on the dais, which is always challenging, so I'll just note that. 02:05:33
Yeah, yeah. And our city attorney just said do not do that. So, but I'll just note that. 02:05:39
Again with that 30 day period that. 02:05:45
What we can commit to do, if the council agrees, is that we will have our team connect with Mr. Singer, which I do appreciate you 02:05:49
coming out and representing, so we can have our team connect and. 02:05:55
Put together. 02:06:02
Something that can be presented to the Council to consider within that period. 02:06:03
Great. Thank you. 02:06:07
You have any questions, are you? 02:06:09
Prepared to. 02:06:11
Pay the principal balance. 02:06:13
That's what's been indicated to me today, that they had meetings with the senior secured and they. 02:06:17
They have indicated that they're willing to advance that money to the receivership estate to pay the. 02:06:22
The principle. 02:06:29
So the answer is yes. 02:06:30
Thank you. 02:06:31
Right. Any question? 02:06:34
Have any questions? 02:06:35
OK, so. 02:06:37
So if there are no other. 02:06:39
Public comments. We're going to close the public hearing. 02:06:42
And the time is now 836. 02:06:47
So we have the recommendation before us, Deputy city manager. 02:06:51
Do I need to read this over or council members you see the recommendations? I'm sure you've reviewed the recommendations. 02:06:57
May I have a motion? 02:07:05
And a second. 02:07:07
Right. So these are the recommendations of staff. 02:07:12
So moved. 02:07:16
2nd. 02:07:19
And Mayor, if we can just note. 02:07:22
Oh, go ahead. 02:07:24
With within that I assume there's direction for staff to. 02:07:25
Reach out to Mr. Singer. Yes. 02:07:29
And that. 02:07:31
And and of voting in the affirmative is to. 02:07:32
Move all items into default allowing for the 30 day. 02:07:36
Right. Everybody got that. 02:07:41
OK. Any other discussion comments? 02:07:42
Madam Clerk. 02:07:45
Councilmember Gama. 02:07:47
Yes. 02:07:51
Councilmember Hernandez, Yes. 02:07:52
Councilmember Perez, Yes. Mayor Pro Tem Lopez, Yes. And Mayor McQueen Lucian. 02:07:53
Yes, motion passes unanimously. 02:07:57
Great. 02:08:00
Thank you for your report. 02:08:01
OK, we're going to move on to item number 10. Introduce ordinance to adopt 2025 edition of the California Building Standards. 02:08:04
Code Madam Clerk, do you have proof of publication as required by law and a complete files? 02:08:13
Complete file of reports and exhibits. Yes, Madam Mayor. 02:08:20
Great. 02:08:23
Will staff present the report? 02:08:24
Yes, thank you and I'm gonna. 02:08:27
Handed over. We do our building code updates every three years and I'm going to. 02:08:29
Introduce our building official Tom Jews we act who. 02:08:35
Go through this process leads us through these processes and He's here to give. 02:08:39
A little bit of information on. 02:08:44
This year's building code update. 02:08:45
Thank you. 02:08:49
This is a little DRY, just to be honest. All right? 02:08:52
Thank you for having me in here tonight. 02:08:55
Before you is the introduction of the ordinance. 02:08:56
For the adoption of the Building Code Standards code. 02:08:59
With the city's local amendments. 02:09:02
Every three years we have to adopt the code. 02:09:04
They are reissued by the state. 02:09:07
And in those codes we have. 02:09:09
Adopted. 02:09:13
Local. 02:09:14
Amendments. 02:09:15
And for those amendments to carry through, we need to read adopt them every three years with the code. 02:09:16
This year is a little bit. 02:09:24
Fun. 02:09:26
The state has a has. 02:09:28
Approved Assembly Bill 1:30. 02:09:31
Which? 02:09:34
Restricts the. 02:09:35
Excuse me? Prohibits. 02:09:37
The cities from considering improving or adopting any proposed. 02:09:38
Building standards affecting residential units. 02:09:42
Unless certain conditions are met. 02:09:47
This effectively says that the cities cannot. 02:09:50
Adopt any. 02:09:55
Amendments. 02:09:59
To the building code that would affect. 02:10:01
Residential units. 02:10:05
Between. 02:10:07
October 1st. 02:10:08
2025. 02:10:09
And June 1st. 02:10:11
2031. 02:10:13
With that said. 02:10:16
We are carrying forward all of the amendments from the previous code cycle. 02:10:18
There is one. 02:10:23
Change that was amended. 02:10:25
To the ordinance and the staff report. 02:10:27
Earlier. 02:10:30
And that is to add. 02:10:31
Appendix G of the building code. 02:10:33
And what this is, is for the floodplain construction. 02:10:36
And to allow. 02:10:40
The building code to align with. 02:10:41
The requirements of. 02:10:44
The floodplain management program. 02:10:47
With that we have. 02:10:52
The other. 02:10:55
Amendments that we're carrying forward are. 02:10:55
Pool fencing. 02:10:58
Foundation in grading improvement requirements. 02:11:00
Because we have expansive soils. 02:11:03
Pool design requirements. 02:11:07
We are adopting the International Property Maintenance code again. 02:11:09
That is. 02:11:12
To help us with the code enforcement. 02:11:13
And then post disaster safety assessment placards. 02:11:16
So I'll have if you have any questions, I'm available. 02:11:22
Are there any questions? 02:11:25
Any questions at all? 02:11:28
Did you mention Appendix G? 02:11:29
Yes, OK. 02:11:32
I missed it looking for that. 02:11:33
In the report I couldn't find it. 02:11:36
The update was. 02:11:41
Issued this morning. 02:11:42
Yes. So we issued the update. 02:11:43
This morning that included Appendix G to maintain floodplain map consistency, correct? 02:11:45
OK, great, great. 02:11:52
Go right. 02:11:54
Does the building code regulate signage? 02:11:55
Or is that somewhere else in our ordinance? 02:11:59
According to like a size of signs, placement of signs. 02:12:03
No, that would actually be in the planning code. 02:12:07
Senator, City code. 02:12:10
Thank you. 02:12:11
So for. 02:12:13
For development for mixed. 02:12:14
Use like residential, commercial. 02:12:18
Is there any? 02:12:21
Thing that the city can enforce. 02:12:23
Oh, we zoning? 02:12:27
We we enforce the minimum building code still. 02:12:29
So the minimum code still applies. 02:12:32
We can't just go. 02:12:34
Above. 02:12:37
Any of the minimum code that we haven't previously adopted. 02:12:38
And all of our amendments. 02:12:43
Also have to be. 02:12:46
Backed by. 02:12:48
Findings. 02:12:54
That are either. 02:12:55
Climactic, topographical, or geological? 02:12:57
In in nature. 02:13:01
That allows us to find a reason. 02:13:03
That we can impose that within the city. 02:13:05
Is there any? 02:13:09
You know, has been. 02:13:10
Any city. 02:13:11
In California, that is challenging this ruling. 02:13:12
I'm not aware of that. 02:13:17
OK, yeah, that's all I got. 02:13:18
In the past. 02:13:20
And Tom? 02:13:22
Tom has been building official and uh. 02:13:24
A lot of cities in the county and so in the past, some of the cities in our county. 02:13:26
When the. 02:13:31
Fire like updated fire maps and updated fire standards come out. 02:13:33
Those. 02:13:36
Become. 02:13:38
Additional building code requirements that. 02:13:39
That cities will argue about and so. 02:13:42
So there has been times in the past, but this year with that new state law that basically says we can't do much, we haven't heard 02:13:46
about anybody really trying that this this cycle. 02:13:50
But it is a good thing that. 02:13:56
It's dry this year. 02:13:57
All right, Well, that. 02:13:59
Our update is dry, not the weather. 02:14:00
Because it means that we don't have those kinds of problems, right? Added on SO. 02:14:03
But. 02:14:09
To tag on what James is saying. 02:14:11
In the next meeting. 02:14:14
Next meeting with Dave, was that sorry? 02:14:16
November 17th, yeah. 02:14:19
On the November 17th, we're going to bring this back. 02:14:21
And have a second public hearing. 02:14:24
For or, that's a recommendation. 02:14:27
To reintroduce this, but along with that, we're going to parallel that with. 02:14:31
The fire code. 02:14:37
Which we use Ventura County Fire Protection District. 02:14:39
And so they enforce the fire code for us. 02:14:43
And so. 02:14:45
There are amendments to their code that we have to accept. 02:14:47
And so that comes. 02:14:52
That'll be agendized on the November 17th. 02:14:53
Meeting as a resolution. 02:14:59
To adopt their amendment. 02:15:01
To specific portions of their amendments, there's only certain things that we can. 02:15:04
Except great. Are there any other questions? 02:15:09
Yeah, I'm trying to. I'm looking at. 02:15:12
Assembly Bill 130 has to. 02:15:14
What the significance is of it? It's just a bunch of. 02:15:16
Is there anything that stands out that we should be aware of? 02:15:19
There's a lot in that. 02:15:22
It is a very, very. 02:15:24
Large and. 02:15:26
Detailed. 02:15:28
A lot of it has to do with. 02:15:30
It's all about housing. 02:15:31
And So what I look at. 02:15:32
Pull everything out is about the building code. 02:15:36
And this is the biggest. 02:15:38
Impact on the building code for the next six years. 02:15:41
Which means the next two code cycles. 02:15:43
The cities cannot. 02:15:47
Amend the code. 02:15:48
Unless there's specific reasons. 02:15:50
For emergency ordinance. 02:15:53
Yeah. 02:15:57
OK. The public hearing is now open for public input and the time is 8:45. 02:15:59
Are there any public comments regarding this item? 02:16:04
No public comments. 02:16:07
OK, we'll close the. 02:16:09
Public hearing. 02:16:11
Is still 845. 02:16:13
And so we have before us. 02:16:15
Three items, three recommendations introduced the first reading by title only and waive further reading of the ordinance and title 02:16:22
and ordinance of the City Council. 02:16:26
Of the city of Port Winemie, California, meaning. 02:16:31
8 Building regulations of the Port Winding Municipal Code incorporating. 02:16:34
The California Building Standard code. 02:16:38
By reference as follows. 02:16:41
One California building code and appendices C. 02:16:44
GI and J. 02:16:47
California residential building code. 02:16:50
With appendix BF. 02:16:52
And California Green building standard code. 02:16:54
2025 Edition. 02:16:58
#2 California electrical code. 02:17:01
2025 edition #3 California plumbing code. 02:17:04
2025 edition #4 California Mechanical. 02:17:08
Code 2025 edition #5 California Administrative Code. 02:17:12
2025 Edition. 02:17:16
6 California Energy Code, 2025 edition #7. 02:17:18
California existing building code, 2025 edition. 02:17:22
#8 California Wildland Urban Interface Code, 2025 edition. 02:17:26
International property. 02:17:31
9. 02:17:33
International Property Maintenance Code 2024 edition #10. 02:17:35
International Swimming Pool and SPA Code 2024 edition. 02:17:39
#10. 02:17:44
Gypsum association. Fire resistive. 02:17:46
Design manual. 02:17:51
3rd Edition. 02:17:53
GA62024 and making miscellaneous revisions to article. 02:17:54
8 building regulations. 02:17:59
To provide consistency with the California Building Standards Code. 02:18:02
And #2. 02:18:06
Schedule a public hearing for the City Council's November 17, 2025 meeting. 02:18:07
To consider adoption of the proposed ordinance and #3. 02:18:11
Designate the City Clerk to publish a summary of the proposed ordinance at least 5 days. 02:18:15
Before the City Council meeting, at which? 02:18:20
The proposed ordinance is to be considered. 02:18:22
Or adoption. 02:18:25
May I have a motion and a second? 02:18:28
Are we supposed to have two 10s in there? 02:18:30
The international swimming, I think that's the type of should be 10 and then 11. 02:18:34
So I think we have to, we have to read it all over again. 02:18:39
Got caught up reading them around. No no no. 02:18:43
OK. Thank you for that. And and with that, may we have a motion and a second? 02:18:47
So move second. 02:18:51
All right. Any discussion? 02:18:55
No OK, Madam Clerk. 02:18:57
OK, Councilmember Gama. 02:18:58
Yes, Councilmember Hernandez. Yes. 02:19:01
Councilmember Press Yes. 02:19:04
Mayor Pro Tem Lopez. 02:19:05
And Mayor McQueen Lejeune, Yes, motion passes unanimously. 02:19:07
OK. Now we're going to move to Item 11, the Business item park reservation process overview. 02:19:10
Will staff please present the report? 02:19:17
Thank you and. 02:19:20
Anna Hanley, our recreation and community services manager, is going to give a presentation. 02:19:21
We wanted to provide this presentation, we had said when. 02:19:26
We got. 02:19:31
The Bubbling Springs project done and. 02:19:32
And got some new. 02:19:35
Facilities available to the public online that we the 1st. 02:19:39
Six months, but probably more like a year was going to be a learning period and that we'd come back to council and talk about 02:19:44
what's working, what's not working and what things we were looking at doing. 02:19:49
And so. 02:19:55
So I think this is the first of those where we've had some experience now renting out the facilities at the park and we've. 02:19:56
Learned a couple of things and then some things we want to. 02:20:02
Try out SO. 02:20:05
With that, I'll hand it over to. 02:20:06
Anna Haley. 02:20:09
Good evening Mayor, Mayor Pro Tem, council, members of the public and staff. 02:20:11
As the city manager mentioned, Item 11 on the agenda is intended to provide an overview of the park reservation system. 02:20:16
With a focus on the newly offered amenities at Bubbling Springs Park. 02:20:23
This evenings presentation will highlight the process by which to place a reservation. 02:20:28
Reviews associated fees and discusses future considerations. 02:20:33
As pictured here, we have the four ball fields which are no longer exclusively used by the Port Wayne ME Little League. 02:20:42
These fields are reservable outside of the predetermined. 02:20:49
Hours covered under the priority use agreement with the league. 02:20:53
Related to Port Wayne Amy Little League's operation. 02:20:57
Of the concession stand is. 02:21:00
Picnic area #2. 02:21:02
Immediately adjacent to the snack. 02:21:04
This covered picnic area is only reservable when the league. 02:21:07
Does not have established field reservations. 02:21:10
And these states are pre built into the reservation system. 02:21:13
Also on this slide is Picnic area #1. 02:21:18
That picnic area, on the other hand? 02:21:22
Thus far is our most. 02:21:25
Popular and sought after reservable space within the park. 02:21:26
Which is likely due to its proximity to the playground and the public restroom building. 02:21:30
Also featured on this slide are multi use fields #1 and #2. 02:21:36
And those are the synthetic turf fields in the South. 02:21:42
Portion of the park parcel. 02:21:44
Which are also in constant use. 02:21:46
However, we have not yet seen a high volume of formal reservations. 02:21:49
For this space it's increasing, but most users are partaking in it in. 02:21:53
Impromptu play in this particular portion of the facility. 02:21:58
Here we have photographs of the reservation kiosks which are adjacent to the reservoir. 02:22:09
Amenities. 02:22:15
Featured within the kiosks are. 02:22:16
The titles of the reservoir space and this helps members of the public. 02:22:19
Identify these spaces when referencing. 02:22:23
Them on the city's website. 02:22:26
We're providing a QR code that will also take anyone directly to the reservation landing page. 02:22:28
Where they can create their user account and begin the reservation process. 02:22:34
Inside of the kiosk is also where you can find current permits posted. 02:22:39
We ask for general awareness. 02:22:44
That anyone occupying these spaces check the kiosk for potential incoming reservations or permits. 02:22:46
And alongside all of that, you can also find the contact information for the Recreation and Community Services division within 02:22:53
those kiosks. 02:22:57
So from that QR code that I mentioned in the previous slide, an interested party can find themselves then on the Civic Rec. 02:23:08
Registration platform. 02:23:15
After creating a user account, a full menu of pricing options becomes available and the perspective. 02:23:17
Reservations may be submitted for review. 02:23:24
Staff conducts a review of every pending reservation submission prior to payment and permit issuance. 02:23:27
And we are reviewing these reservation submissions for alignment with the required time frame. 02:23:33
We currently require submissions to be no less than three business days and no farther out than 21 business days. 02:23:39
We're also verifying the scope of use. 02:23:46
Is this a straightforward reservation from a community member? Or for instance, is this a tournament use request? 02:23:49
We're also checking to see if the reservation is categorically subject. 02:23:55
To the collection of a certificate of insurance. 02:23:59
We need to verify residency. 02:24:02
Or collect 501-C3 documentation. 02:24:05
Once the review is complete, account holders are prompted via e-mail to finalize their payment. 02:24:08
And then they receive a receipt and a permit in return by e-mail. 02:24:14
I did want to note that outside of permitted reservations, all amenities are operated on a first come, first served basis. 02:24:18
This slide features the fee schedule for amenities within Bubbling Springs Park. 02:24:30
There is a distinction of resident versus non resident fees. 02:24:35
Fees are higher for the use of lights at the ball fields and multi use fields. 02:24:39
There are minimum hour requirements and no current cap on maximum number of hours. 02:24:44
Fees do not include the presence of a staff attendant or preparatory maintenance beyond regular scheduled activity. 02:24:51
And I did want to also note that we did identify there as a meeting room space. 02:24:58
That is also available for reservation within the Sports Plaza building. 02:25:03
However, it's very limited in scope and. 02:25:08
And outside of the port Wayne Amy Little League seasonal use and so those are. 02:25:10
Just the few dates within within the entire calendar year. 02:25:14
It has been identified that additional signage in regards to reservable spaces needs to be included. 02:25:24
It also needs to include the expectations to vacate the amenity. 02:25:30
In alignment with any pre reserve time that is supported by a permit. 02:25:34
We've also always known that there would be an ongoing assessment of fee rates and varying user groups. 02:25:39
And we're consistently monitoring activity in the park and encourage inquiries. 02:25:45
And invite the public to communicate their needs when it comes to public spaces. 02:25:49
We intend to roll out a post reservation survey process, so please look for that in the coming months. I think we'll find that 02:25:54
beneficial as we go forward. 02:25:57
And staff is also hopeful that this presentation specifically will increase awareness and participation in the reservation 02:26:02
process. 02:26:05
Quite frankly, we're building an entirely new culture when it comes to reservable spaces in our park system. 02:26:09
And with these changes, we hope to acclimate everyone to the evolving. 02:26:15
Reservations as they become available. 02:26:19
And we're now available for any questions that you may have. 02:26:25
Are there any questions? 02:26:27
So I do support the additional signage. 02:26:31
Issue and as you are aware I was. 02:26:34
Have to be in the area where an issue came up. 02:26:37
That is bringing. This is the reason for. 02:26:40
That additional signage, has there been any? 02:26:43
Further discussion as to. 02:26:45
When that is going to take place or if it will be. 02:26:46
Happening or is it something council needs to approve first? 02:26:49
I think we'll have to divert specifically to the. 02:26:53
Police Department for their insight and recommendation, but that analysis will be forthcoming and will be working. 02:26:56
In the coming weeks to. 02:27:02
To speak with them in regards to that issue. 02:27:04
Thank you. 02:27:06
Right, Councillor Mcgah. 02:27:07
Is there staff time built in like say if somebody? 02:27:10
Reserves the picnic area and they have a BBQ. 02:27:14
Bunch of people is staffed. 02:27:17
Time built into. 02:27:19
Come out and. 02:27:21
Check in or check out the group. 02:27:23
Not at this time. Currently, so there is no staff attendant assigned to any current reservation that exists within the park 02:27:26
system. 02:27:29
Do we? 02:27:33
Are we made aware of? 02:27:35
How many people are expected to? 02:27:36
Vacant to populate the. 02:27:39
The area. 02:27:41
In other words, I'm trying to understand if. 02:27:43
If somebody. 02:27:45
Rents a place out and has a big old party. 02:27:46
And causes a lot of problems. 02:27:49
You know, how do we identify that other than somebody calling the police or. 02:27:51
Something like that. 02:27:55
Interesting as far as monitoring the number of guests in attendance. 02:27:57
Is that your question Specifically my question is. 02:28:01
You know, do we monitor what's going on? Do we? 02:28:05
Because it just seems to me that. 02:28:08
You know, somebody could. 02:28:10
Go way beyond the scope of. 02:28:12
What they're paying for and how do we? 02:28:14
Manage that, Sure. So at this point in time, what we're doing regularly is entering into a dialogue with any reserving party. 02:28:16
And that's part of that staff assessment is we want to engage them to really understand the scope of. 02:28:23
Of the intended reservation. 02:28:28
We have had an issue where. 02:28:30
People will assume, well, if I am able to reserve this space and then I can go ahead and use it as I see fit. 02:28:31
For instance. 02:28:37
I may want to hold a free public event. 02:28:39
Well, they may engage vendors and or. 02:28:42
Impede the public's right of way or access those spaces? 02:28:45
In that moment in time, we would encourage them to submit a special use. 02:28:49
Permit application? What if they didn't? 02:28:53
What if they just said we're gonna just go the bare minimum and then we're just gonna have this big old party and then? 02:28:55
Sure. Which unfortunately at this moment in time is something that could happen. And so if it's during off hours or outside of the 02:29:01
scope of our normal business hours. 02:29:05
The point of contact that they have within the city at this time would be the Police Department. 02:29:10
Right, if somebody became concerned. 02:29:16
Like if if I. 02:29:18
Go to the dog park. I'm like, what is going on over there? There's a band, there's kegs, there's. 02:29:20
All kinds of stuff so that it would be incumbent on me to. 02:29:25
Phone it in and if somebody doesn't phone it in then. 02:29:28
You may or may not. 02:29:31
Be aware of it. 02:29:34
At the end of the. 02:29:35
Party. 02:29:36
That's when MCAM, I'll just add as Miss Hanley explained before the process includes the submission of a reservation and then 02:29:37
subject to review by staff. So staff is looking. 02:29:42
For things that would be consistent with traditional park reservations. And Anna's example isn't just a hypothetical that those 02:29:47
situations have actually happened. 02:29:51
Where during the review process it's been identified that this is not a typical park permit process. It's much larger thing that 02:29:55
would be more appropriate for a special use permit. 02:29:58
So if someone is. 02:30:02
Withholding information and doesn't share it. It could happen, but I just wanted to reaffirm that. 02:30:04
The existing process does allow for staff review and identification of which is the proper route to take so that we do have. 02:30:09
Special uses accounted for properly. 02:30:15
What I was just going to expand on that by suggesting that by way of a presentation such as this in a conversation. 02:30:18
We're encouraging the public to communicate with us so we can give them the correct path in order to submit or hold. 02:30:25
A sanctioned event such as that. 02:30:31
Thanks. And then. 02:30:33
I was looking for Miranda Park on here because I live very close to it. 02:30:35
And the pickle Ballers. 02:30:38
I could see. 02:30:43
A pickleball. 02:30:44
Tournament. 02:30:45
Wanting to occur at Miranda Park. 02:30:47
I mean, it's just. 02:30:49
It's not uncommon. 02:30:50
To see. 02:30:52
The parking lot completely full and people. 02:30:53
Spill it into the neighborhood around the park. 02:30:56
So just wondering. 02:30:59
Has any consideration been made for like renting out the pickleball courts for a tournament or something like that? 02:31:00
We did. We had to modify our internal guidelines as far as pickleball reservations specifically to address an inundation of 02:31:06
tournament requests. 02:31:11
They were being submitted by. 02:31:15
People that claim, but they were nonprofit groups, but it was. 02:31:18
Groups that were identified to continue and promote pickleball tournaments. 02:31:23
For profit. 02:31:27
Yeah, bring it up, because I did see one group and they're actually selling tennis shoes. 02:31:28
And brackets and all the stuff. 02:31:33
So that was modified to change that. Any pickleball tournament requires the Co sponsorship from the city and it would come before 02:31:36
the council for their consideration. Your consideration? Excuse me? 02:31:40
OK, just to be clear to the public. 02:31:45
Reservation of pickleball courts can be made, but I believe if it's more than two. 02:31:47
It requires. 02:31:51
Co sponsorship and goes through the City Council so. 02:31:53
As Andy indicated, we've we found that other. 02:31:56
Recreation districts and other agencies. 02:31:58
Have modified their practices and there was a little while a year or so ago that resulted in more requests of the city of Port 02:32:01
Wayne me so we modified our practice to ensure that anything that's going to. 02:32:06
Burden the courts with a tournament would have to. 02:32:11
And before the City Council for just to be clear, is there a fee for that? 02:32:14
For pickle balls. 02:32:18
Yes. 02:32:20
There is an established rental fee for the pickleball. 02:32:21
OK. 02:32:24
Any questions? 02:32:27
I do. 02:32:28
So when did the? 02:32:30
Did I? When did the app? 02:32:32
Go live with the new bubbly Spring Springs area. 02:32:34
So we don't. 02:32:38
Have an app. 02:32:39
Per se, but the website did take a while for us to establish ourselves. Quite frankly, there was a bit of a learning curve and I 02:32:40
believe. 02:32:44
Some of those first few reservations. 02:32:48
Quite quite honestly had a few errors associated with them so. 02:32:51
Forgive me but I can't remember the exact date now, but it did take a few weeks after the park opened before we had. 02:32:57
The website up and running properly. 02:33:03
Alongside, we were waiting for training associated with the use of the lights. 02:33:06
And so now all staff is able to schedule. 02:33:11
Remotely the use of the lights associated with any reservation. 02:33:15
Got it. So when I go to the app and I. 02:33:19
I reserve a spot. 02:33:22
If there's it's going to be blacked out for days that are already. 02:33:25
Occupied. Correct. 02:33:28
Sure. So when you. 02:33:30
Time on the calendar. It'll immediately populate to the right of your date. 02:33:32
Of choice. 02:33:37
What times remain available for reservation? 02:33:38
And so there could be an instance where there is a portion of the day that's already blocked out for existing reservation and only 02:33:41
what's available remaining for that reservable space. 02:33:45
Will will show be revealed to you? 02:33:50
So how far? 02:33:53
In advance, can you actually make reservations? 02:33:55
So we we cap it at 21 days. So we don't want anyone to particularly monopoly monopolize those spaces. 02:33:57
So. 02:34:05
So the winemie. Literally. 02:34:07
They they seem to have, you know, the 1st. 02:34:09
First come, first serve. 02:34:12
But they also host tournaments from. 02:34:14
When they're off season. 02:34:16
How are we? 02:34:18
How is the city being notified that? 02:34:21
They're gonna host tournaments that are not part of the. 02:34:23
My name is. 02:34:26
Sure. So under the priority use agreement they're sanctioned to have, I believe it's up to three tournaments outside of their 02:34:28
normal league. 02:34:31
Play and so they have a. 02:34:35
Existing priority use agreement with the city in which we've identified the number of hours. 02:34:37
That they require for each season. 02:34:43
On weekdays and then also a separate number of hours that they require. 02:34:45
On weekends. 02:34:50
In addition to their tournament play. 02:34:51
So the way it is supposed to work and so this was a new year, first year of their their priorities agreement, which was a change. 02:34:53
But I have to say they've been incredibly great partners and being commutative as. 02:34:59
And knowing that. 02:35:04
These are now public spaces, so they're sharing them with members of the public. 02:35:07
They're doing a really good job of communicating to us. 02:35:12
What? Uh. 02:35:14
They need as far as tournament play and all of those were approved. 02:35:15
By the Recreation and Community Services Division in advance of. 02:35:20
Of those established states. 02:35:24
OK, so since the picnic areas are. 02:35:26
Which are heavily used. 02:35:28
So an example I actually ran. 02:35:32
On a Saturday. 02:35:35
I'm pretty sure. 02:35:38
It was used. 02:35:40
By Winemie Little League. 02:35:41
Friday night. 02:35:43
So when we got there in the morning. 02:35:44
We had to clean the area. 02:35:46
We had to take out the trash because it was. 02:35:48
It was. 02:35:51
Trashes were full. 02:35:52
I've got a blower. How to blow it all out? 02:35:53
Why can't we use staff for that? 02:35:57
Our current operation does not allow. 02:36:01
Or we wouldn't have the ability in order to supply staff on site for that. 02:36:04
We would need to take into consideration. 02:36:09
Speaking with our landscape division as far as. 02:36:12
Whether or not they have the means to supply. 02:36:15
That type of staff response. 02:36:18
That's why we are calling out in this presentation that it. 02:36:20
Currently is not. 02:36:23
A part of the fee schedule. 02:36:24
And is not. 02:36:26
Part of our procedural rollout. 02:36:27
And if I if I could just add to that that the. 02:36:29
That'd be the the main thing. 02:36:32
When we set the fees. 02:36:34
For Bubbling Springs Park, which again when we set them, we said. 02:36:36
We don't know how popular this is going to be. We don't know. 02:36:39
You know, we don't know if people are really going to jump on it. It looks like it's been pretty popular because we've had 24 and 02:36:43
five months, which is basically one every weekend. 02:36:47
But when we set them. 02:36:52
The focus, I think, at that point that we had talked about and with the Council was. 02:36:53
On keeping costs low. 02:36:57
Versus, you know. 02:37:00
Cadillac service at Cadillac prices. 02:37:02
So it's something we could look at. 02:37:05
We just have to have that conversation. 02:37:07
Because as a reminder. 02:37:09
You know, using. 02:37:11
All the taxpayers dollars to pay for somebody to service 1. 02:37:13
Person who's renting the park. 02:37:16
Isn't, isn't. 02:37:18
You know, the way we would. 02:37:20
Proposed to do that, it would be the person using it and getting that service is paying for the cost. 02:37:22
And just like everything else, the costs of staff. 02:37:27
At the city level. 02:37:30
Or, you know, in California especially is not cheap. It's. 02:37:32
I think it would put the. 02:37:36
Price out of reach for a lot of people, but it's it's an approach we can look at. It's just a different approach than we had said. 02:37:37
So I mean it is generating. 02:37:44
Money. 02:37:47
And we're not talking about a. 02:37:48
We're not talking about 8 hours. I think we're talking maybe, you know, one to two hours of work. 02:37:50
That somebody would probably volunteer for. 02:37:55
The other question I have is. 02:37:58
The restrooms that are near picnic area #2. 02:38:01
Will when you rent that space. 02:38:05
That. 02:38:08
That restroom's not opened. 02:38:09
And it just seems. 02:38:12
Like your guests have to walk all the way to the other restroom? 02:38:14
What's the purpose of having a restroom if it's only used for? 02:38:18
Literally. 02:38:21
Why can't we open it? 02:38:22
For for our residents. 02:38:24
I understand and I think we would have to take. 02:38:27
That into consideration as well. Operationally it's incur. 02:38:29
Currently it was intended just for the use in conjunction with the priority use agreement for the league. 02:38:33
So I think we'll take that into consideration. Thank you. 02:38:41
I have a comment about the. 02:38:43
Bathrooms. No, I don't. 02:38:46
Up one more. 02:38:48
Oh, that's it, Go ahead. 02:39:02
Go ahead. 02:39:04
I just have a comment. We used to have the bathrooms open. 02:39:05
All the time to the public. 02:39:08
And they kept being destroyed by homeless or people. 02:39:09
So we decided to lock them. 02:39:13
Because the amount of. 02:39:15
Upkeep and maintenance and repair that we that our facilities had to do was just. 02:39:17
Was no way. 02:39:21
Yeah, I get that. 02:39:22
But I'm saying if if someone's reserving. 02:39:24
Picnic area number. 02:39:26
The restroom should go with it. 02:39:28
And then when it's done, they. 02:39:30
You lock it up. 02:39:32
At the end of the. 02:39:33
At the end of the rental time. 02:39:35
Just seems like that's something that the city should be doing since they're actually reserving. 02:39:37
That area. 02:39:41
And I understand you're identifying the secondary set of bathrooms, so just for clarity, the main public restroom building does 02:39:44
remain open during park hours and is available for public. 02:39:49
Thank you. Great. Any other questions? 02:39:54
Just want to follow up a little bit on what. 02:39:58
Mayor Pro Tem had to say and and. 02:40:00
What I'm trying to articulate is that. 02:40:03
Would it be worthwhile? 02:40:06
Worthwhile. 02:40:09
To build in staff time. 02:40:10
To common. 02:40:14
For lack of a better. 02:40:17
Police the area because. 02:40:19
If if. 02:40:21
If the second renter comes on Saturday. 02:40:23
And the place is full of trash and stuff. 02:40:28
You know, kind of. 02:40:31
And if. 02:40:33
The trash was. 02:40:34
Left negligently by a party, you know, I mean, it's like. 02:40:36
It's not fair to the person who's renting the place to have to clean up. 02:40:40
In order to have their event and so. 02:40:44
I do know that. 02:40:47
I've interacted with the. 02:40:48
A park in Montecito for a number of years. 02:40:49
And they would. 02:40:52
They would have a representative meet there and. 02:40:55
Make sure everything's. 02:40:57
OK to go and then? 02:40:58
Come at the end of the day and. 02:40:59
And check it out and then. 02:41:01
You know, move a thon. So anyways, I think it might be a good idea. OK, so can. 02:41:03
Aren't we going to be talking in that part of what this? 02:41:08
Action is today to see if we wanted to add. 02:41:12
Additional funds for additional service. 02:41:15
Yeah, I was, I was just going to say to the the comments that have been made when we made adjustments to the recreation section of 02:41:18
the general fee schedule earlier this year. 02:41:22
We presented the information about. 02:41:27
Fees that are charged in different districts and there certainly is a wide range. We were not at the lowest, but we were. 02:41:29
Medium to low. 02:41:35
And there are districts that charge significantly more. 02:41:37
And if it is the Council's desire to provide direction that we provide a higher level of service with staff on site, either 02:41:40
cleaning and or as an attendant during those activities. 02:41:44
That that could be something that we definitely adopt. 02:41:50
It would come with an additional cost and that would need to be considered and. 02:41:52
Accordingly amended. 02:41:56
To the schedule. 02:41:57
OK. When you say additional cost, you mean to the the public reserving the space? Yeah, the permit fee would need to be amended 02:41:58
increased accordingly yes, OK. I did have a couple of questions so having. 02:42:04
Rented a space in Oxnard for family reunion in August. 02:42:09
So they did have. 02:42:13
You call it. 02:42:17
A number like we couldn't go over. 02:42:19
150 people in a pavilion. 02:42:21
Right. So that was part of it. 02:42:24
On the other one was. 02:42:26
No alcohol. 02:42:28
So. 02:42:29
Are we a no alcohol? 02:42:30
Facility, yeah. 02:42:32
Part of our standard. 02:42:33
Park regulations includes signage that already stipulates that, so yes, great. 02:42:35
But as far as the threshold number of guests, that's not something that I believe we've currently identified. 02:42:40
So that's a great suggestion for us to implement. 02:42:46
Yeah. And a couple more questions. So in the area that's. 02:42:48
Under the blue. 02:42:52
10 there. 02:42:53
I believe there was number electricity there. There's no electricity there. No, there is not. 02:42:56
There is not OK. 02:43:00
But I have seen. 02:43:01
Like vendors that come like the Taco man. 02:43:03
Is there or BBQ pits that's allowed? 02:43:06
So it's my understanding that. 02:43:11
Outside of the winding me. 02:43:15
Park you are able to bring in your own cooking vessel, so it could be. 02:43:17
I believe. 02:43:23
Popular nowadays is the Blackstone. 02:43:24
For food preparation and so it's not a. 02:43:28
Of live fire, if you will. It's not a BBQ pit. 02:43:32
But it is an ability to cook food in. 02:43:35
In public and in the park. 02:43:38
So no live fire. 02:43:40
Unless it's in a city provided. 02:43:42
Vessel is the word I can think of in this in this regard, but that. 02:43:46
That particular portion of the municipal code, my understanding is specific to Wyoming Beach Park. 02:43:51
And may not necessarily apply to the remaining part. 02:43:56
In our park system. 02:43:59
OK. And I think my final question is, is there any? 02:44:01
Verbiage about whether you can have. 02:44:05
Jolly jumpers or not, if a permit is required. 02:44:08
Sure. So we. 02:44:12
We have reviewed and. 02:44:13
Examined. 02:44:16
Permit process associated with. 02:44:17
The use of jolly jumpers. 02:44:19
We currently do not offer that. 02:44:22
As an option for park goers. 02:44:25
And that's tied to my understanding is the use of a generator in the open park space and there's limitations on that that 02:44:28
currently exists. So if we were to return to council. 02:44:32
There may be an amendment or a need to to. 02:44:37
Provide clarity as far as. 02:44:39
Allowing that. 02:44:41
Right, so then I'm clear. 02:44:42
Right now, there's no use of Jolly Jumpers in the park. 02:44:43
There are not. 02:44:46
Great. What if they had a? 02:44:48
Electric powered. 02:44:50
Battery that can generate. 02:44:52
For a jolly jumper. 02:44:54
There's no enforcement. 02:44:56
Sure. So one of the things I would suggest is if we're gonna. 02:44:58
Examine this as a city is also that we would want to define. 02:45:01
Specific areas in which those could be permitted. 02:45:05
And we would want to probably identify a pre vetted list of approved vendors. 02:45:08
That would work. 02:45:14
In partnership with us to respect. 02:45:15
The areas assigned for that type of use and so that would be very typical. But for instance, we have the open park. 02:45:17
Parcel in the middle of Bubbling Springs. 02:45:24
When you walk north of the the dog park. 02:45:26
Northeast. 02:45:30