City Council - Regular Meeting

Okay. Thank you. U so for public comment tonight, if you would like to speak, um you're going to raise your hand, you're going to keep it under three minutes and be kind and respectful and um please state your name and voting address. You can do the audience first and then we will go in to the Zoom audience. So, who would like to speak for public comment? If you raise your hand, go ahead. I'll show you PO box 199710. I spent the better part of 35 years working in the Arctic. There were times that we would stop in the road waiting for bear cups playing while mom came to get them. Uh or waiting for cross cuts to off the road. It was unusual to see notices to watch for bear as we left our audience to go to a work site. Or perhaps we'd have to wait a couple hours past the caribou migration. A truly impressive event to witness to working hard. We were required to do no harm to the wild. Growing up in Alaska, it was necessary to deal with. I often saw moose and bike rides, grizzly bears on albums. I remember a bear sitting on my tent in Catwine. We grew successful gardens. We understood the consequences of failure to respect wildlife. The state of Oregon's solution to most complaints about animals is to eradicate the species. At what point did we lose the ability to use common sense? I sat in the gearart city meeting that discussed the elk massacres implemented

by gearhart property owners in the state. I listen to eyewitness stories of elk laying in a field that hundreds came with bows and arrows to shoot the elk laying there. Mothers with nursing babies were killed leaving crying babies behind who slowly starve to death. Some mothers were pregnant, so they got another two for one killing. This disturbs me. It's widely recognized that house alone treats animals. It's how they treat humans. We're not allowed to kill trees, but we can kill and even harm wildlife with no consequence or in some cases endorsed by the state. Maybe we should consider treating our animals like the true troops. For those who don't like the elk living here, please consider moving to Deer Park. If you don't want to coexist with wildlife, please consider a location with no manness. And if you have no humanity or soul, consider the impact on the tourism industry. How many real estate listings have pictures avail? What kind of response do social media hosts receive? What impact will the massacre of elk that annoy a few residents have on the tourists who spend money does that revenue stream if her elder massard here would be there videoing it posting it out on the internet Excellent.

Anybody else?

Hi, my name is Watt Childress. I a book store across the street4. I also reside in county 66 North Fourth Road. And um and um I want to I want to say absolutely I hope that I look forward to hearing what's going to be presented tonight about the el um and um it's important these topics often times have been um have been spoken about at potlucks that we've had in this room. Potlux were at the salmon return celebration. We've talked about wildlife and the importance of wildlife wildlife rehabilitation. the first um one of the one of the potlucks a couple of years ago when we had a series of potluckss at the turning of the seasons, we um during the winter solstice potluck, we really focused on elk. The elk are important um uh creatures associated with the solstice both in the eastern and western hemisphere. Um as as you get further north, we think of reindeer, but they're they're relatives. And so, you know, people have been thinking about health for a long time. But I want to talk for a second about the potluck because getting together and being able to share food is something that has been part of this community for a long time. I listened to Sam Styell talk to us about the heritage of that. I don't need to repeat it because you all know it. Um we did have a follow up here on March 22nd um concert with World Water Day and um as a result um the chamber was notified as many of you probably know from the Pl County Environmental Health Department that pot locks of that nature where people bring food and share food from their homes understood are strictly illegal in Oregon.

A lot of us are surprised at that, but we've seen hyper enforcement, Phil County moving moving north. And um I really hope that um this is a law on the books. It just exists. Oregon is in last place with regarding the friendliness towards potlucks. It's not something I'm proud of. Um I'm hoping that we can uh become a state that is a sanctuary for potlucks. And I think it would be wonderful if we would be the first city to declare itself a sanctuary for

Thank you. Okay. Got to raise your hand quick three minutes for podcast. Okay, PO Box 1426 Canon Beach here tonight to talk about the local elk herd and to tell a story of a word of warning about what happened to the elk herd in Gearhart and surfing a few years ago. The class of plains elk collaborative was formed in 2019 as an Oregon solutions project funded by the state and it was in your packet so you know about it. Their declaration of cooperation was quote a declaration of good faith and commitment to collaboration of the parties to meet the spirit and goals of the project through individual and collective action. After almost four years of collaboration and study, they come up with multiple ideas about how to deal with the elk. As a last resort, they would consider pulling killing some of the elk. Unknown to the 20ome members of the elk collaborative starting in 2020 and running through 2023 the Oregon Department of Fish and Wildlife DFW was issuing landowner damage tags to owners of 40 acre property and surfines who claimed help for damaging their fence and pasture. Paul Adwood is the ODFW regional wildlife biologist for the North Coast issued a total of 80 damage tags these land owners with 77 cow killed over a three-year period. 18 in the first year, 31 in the second year, 28 in third year. By ODFW's own estimate, about 60% of these 77 cow have been pregnant. This effectively eliminated the Ghard Surf Pines. Under state law, these landowner

damage tags required no public input or notification. It was all done under the cloak of secrecy. Mr. was a signatory to the concept of plains elk collaborative and was a member of the steering committee, the land use management subcommittee and the elk management subcommittee but never bothered to inform the other members of the collaborative of the killing that large numbers of elgo going. Mr. Atwood claimed that he was not legally obligated to inform the other members and that's true but it was a blatant violation of the original spirit and intent of the collaborative. Mr. Bradwood also claimed that under the Oregon landowner damage program, ODFW is required by law to issue damage tags to land owners experienced being wildlife damaged. That's also true. But it seems that Mr. Atwood exploited a loophole in this law that allowed 77 to be killed on a single piece of property. These land owners constructed a shooting platform on the property to make it easier to kill elves. ODFW consider elk as nothing more than a game animal that needs to be quote unquote managed, which means killing. So the left on this story is think twice before making any sort of agreement with ODFW concerning the enemies. What happened up there could also happen here. I'm going to end with a quote by Neil Maine. And for those who don't know Neil Mine, he's a local icon. He's lived on the North Coast for 82 years. Neil and his wife Karen started HRA in 1985. A year later, Neil and some friends started the North Coast Land Conservancy. There's more to his story, but I'm out of time. But near the end of a 2015 OPB Oregon field guide story on the Gearhart Belur, which disappeared a few years later, Neil Maine said, "Part of the reason we all love this place is because it means that we're living in a high quality place with enough open space to even have help." That's the kind of blessing you you don't want to mess up by having some big community battle. Wise words from a wise man. Thank you.

Thank you. Anyone else in the audience?

I'm fairly new to the community. My name is Joan Gtherfield 462. I live over um the north end by park and we have dead end street and I feel so lucky to live in this community all this beautiful wildlife and I love waking up in the morning and have deer elk. I grew up in upper Michigan and they were here. I grew uh we live at the front of the road at the end of the road and there's always elk there. I have videos of elk eating at the front window and the window was there and they all were there and I just think it's the most fantastic joyous thing to see and I hope that this slaughter does not happen. Thank you very much.

Thank you. Hey, I am Christian Hall. I am PO box 10 to 63 and I just feel like I have to say something because so many people have don't understand why or see the negative. Um, I also live on a dead end street and sometimes I can't get to my house. I can't get from my house. I have been chased to the point that I've had to pick up my daughter and run with her. And that was completely unprovoked. It was across 101. Actually, I was cutting through the woods at Van Beerren and they were behind Sarah Fister's house and she was clicking uh cuz she was like three at the time clicking bamboo and I don't know what they thought it was and it started coming after me and it was terrifying. My husband was recently chased by a buck. It came up behind him and he was not um aware of it until somebody screamed and let him know that it was coming first. I have opened my front door and literally had an elk in my my face because they I don't have um it's the same level as my walkway. Um, the other day I was coming home and I saw a red acarup tarped in the road dumping food out of their car onto the grass there by the RV park. And I stopped and I said, "Would you please stop feeding the elk?" And she got very directed with me and told me that I was living on their property. And I moved here in 2003. They were not this bad in 2003. And the fact that we can't walk our dogs, I live a very active life and I can't leave my neighborhood sometimes, let alone get back into my neighborhood.

I've had to walk to a friend's house at 10:00 unable to get home because they were all throughout the RV park and crossing the road. Um, somebody is going to get hurt and a lot of people in RV have been charged and it's it's a huge safety issue. It's I I don't know. It's just it's not very family friendly, dog friendly. If you hike a lot or walk a lot or ride a bike a lot, there's a lot of corners that you can turn and get by them. And them surprising you and you surprising them. So, I just wanted to say that because I think it's important. Thank you. Last thing 294 terrifying is doing public speaking. So you you'll be fine.

I agree with everything she said. It's not a nuisance factor though. is a danger factor and I've been here over 40 years and I've seen the alert just grow exponentially bigger and bigger and bigger. It used to be rare to see them come to the beach and into the water. You know, it was during hunting season we would see them come in to town. That was like arrival and now we're seeing them all the time and it is a dangerous situation and unless we do something to curtail the population it is going to I mean I've said this already exponentially get bigger and bigger and bigger. We are seeing bonds now being brought into town by the cows, right, with their spots. We never saw that before. They were always kept safe in the woods until they were bigger to be brought in. I could be wrong. I'm not an expert on elk, but it's just something we've seen. And I've talked to people um I talked to the lady tonight and she mentioned um sterilization of bulls fairly easy inexpensive thing where they get tranquilized, castrated and released back. And it wouldn't be all the bulls. That seems like a very relatively inexpensive way to do it. And nobody gets killed. Nobody's killing cows, calves, or rats. It's just niming the problem in the as they say. But that seems like a really cost effective, relatively nonvitamin

way to take care of the problem because the herd is spreading into RK. It's Oh, and I live in the woods. Sorry, I'm not timing myself. I'm going on too long. I live in the woods. I see them all the time in in my woods. I don't see them hardly up in the woods anymore. I see them way more in town. So, there you go. That's it. Okay. Thank you. You did a fine job. Anybody else in the audience? Okay. Is there anybody on Zoom? If you raise your hand, please. Yeah, I have Liz.

Good evening, Liz. See, can you hear me? Yeah,

you can. Um, I live in So, I'm Liz Beckman. I'm PO Box 174 to Atlanta. Um, I live in Haystack Heights and last fall I was in my garden. I fortunately had a leaf rake in my hand when a baby elk across the street from me started whistling, bleeding, whatever they do. And the mother elk came trotting through my garden. She was somewhere to the northwest of me. And she nursed the baby right there in the woods. And when she finished, she turned and ran right at me. And I was, I don't know, 30 feet from my front door. And I slowly, you know, not turning my back on her, moved towards the front door and she continually charged me and never I mean I had a rake in my hand. So she got to the end of my rake and and her no nostrils were flaring and anyway I finally got inside the house. So my comment is, and I know it's not available for everyone, but I know I'm willing to spend the money to fence my yard, but a six-foot fence will not keep an elk out. So my suggestion, one suggestion would be to raise the allow people if they want to put an 8-oot fence in, which is what ODFW recommends for keeping elk out. Thank you. Thank you. Anybody else? No. Okay. One more chance in the audience. Anybody want to speak? And anybody else on Zoom? Okay. Thank you very much. So, we'll move on to our discussion items. The first discussion is regarding additional

watershed acquisition. Bruce. Thank you, Madam Mayor. Um, the city's been contemplating acquiring additional land adjacent to the Pula Creek Forest Reserve in the watershed area currently owned by Naveen. This is a project that may be included in the upcoming budget. In anticipation of that happening, councelor Kurr requested that Daniel Wear of Sustainable Northwest come to a meeting to talk about the process of watershed acquisition and the services his firm provides. Sustainable Northwest has recently represented Rockaway Beach in the acquisition of parts of their watershed. Any phone?

Okay. Good evening, Daniel. Hi, everyone. Um, thanks for inviting me to join city council meeting. I'm sorry I couldn't be there in person. Um, so Bruce, it sounds like you want me to give an overview of what Sustainable Northwest has done for uh similar projects and working with uh landowner new specifically. Is that correct? Yes.

Great. Um well uh just to give a bit of an overview, Sustainable Northwest, we're a uh natural resources solutions firm based out of Portland. Um but really we have projects all across the region and our focus is working with rural communities uh to establish ecological and economic um solutions uh for natural resource management. So in terms of working with um uh coastal communities, we've worked with a number of coastal communities to help them uh acquire forest land in and around their drinking water sheds, but also to help them understand u management solutions such as extended harvest, extended rotation or um pursuing uh carbon credits or setting aside their forest land in a conservation easement. Now, that's all a little bit technical, but that's just kind of giving a bit of an overview. Um, last fall, uh, I was introduced, uh, via Kevin Brown, who is, uh, the regional manager of Nubian Natural Capital, uh, to, uh, Karen, um, with the city. I believe you're a former public works director. Um, and kind of Kevin shared some of the work that Sustainable Northwest has done. Um and with most recently working with New helped the city of Rockaway Beach uh through the entirety of the process um and hopefully by the end of this year they will have acquired um around 800 acres which contains the lower half of their uh drinking watershed. Um and in in this project we've uh worked with Nine the land owner to help them um understand the information that uh is within their

forest land inventory. Um and we've helped uh work with the city to uh develop um purchase and sale agreements uh letters of intent um kind of helping them navigate a non-disclosure agreement. uh really that all moves them moved them towards being comfortable in acquiring forest land and we also helped them um with the planning of that and uh helped them fund raise for that opportunity. So um it's exciting to hear that your community is interested in acquiring forest land. Uh I know you're managers of the AOLA uh Forest Reserve and that's a wonderful property and you've you've done a great job um having an ecologically sound management to have great habitat for wildlife to support uh the refill of your groundwater uh spring um and to act as a really strong filtration system of the kind of last uh 200 or so acres that feed into uh the uh your surface water intake. So, you know, I'm happy to answer questions. I think what I would what sustainable Northwest, you know, is encouraged by communities is the pursuit of forest land ownership in your drinking watershed because um you know, we have a good relationship with New and they seem to be a a good partner with community members. I know that they're uh willing and able to have conversations with uh city staff and city council. Um but you know, we think the most impactful thing is for a community to own and manage forest in your drinking waterhed so that you have control and input in the management practices that take place, whether it's the size of the buffers that are around streams or you know if there is or is not forest harvest taking place. Um and kind of other aspects. I

know there's a lot that goes into managing forest land and and we really believe that that is the right decision for communities that have uh the management and financial capacity uh to move in that direction. So, I'm happy to answer questions. Um I I can certainly share more and I I do plan on coming to your city council meeting next month to give a bit more of an overview and uh more detail on the work that we we can do. Um, but yeah, I'm happy to answer any questions you have about the potential of a uh acquiring more land in your in your drinking watershed. Anybody have questions, Lisa?

Well, the first question I have, Danielle, thank you for coming. Am I understanding is you are a nonprofit organization or is that incorrect? That is that corre? Yes. Sustainable Northwest, we are a 501c3 nonprofit organization. Yeah. And so, um, and the other question I have, are you, as far as you know, are there other nonprofits who do this particular kind of work in in Oregon?

Yeah, there are. You know, I think that we fit a kind of a niche that doesn't exist frequently. you know, you have an area land trust with North Coast Land Conservancy, uh, that that helps with land acquisition and is a land holder. Now, you know, they may have capacity to support uh a land acquisition that then they pass off to the city, you know. Um but where it sets sustainable northwest apart is that we are not and we do not own land. You know, we are we would come on as a contractor to help make decisions that are recommended by city staff and city council. So, we would come in um in the same way that you would hire a contractor to do a construction project to install more piping in your water intake plant. You know, we would we we would set up a contract that says here are the deliverables that we would do. The other firms that kind of do that would be more at least the ones I know are land trust or land trust similar to land trusts and um yeah so of course you have a neighbor in the area with North Coast Land Conservancy um and there are other kind of statewide and national organizations that could support this as well. and and and um have you been successful in uh negotiating um non-disclosure agreements for other jurisdictions?

Yeah, that's non-disclosure agreements are tricky. Um we did navigate and we are continuing to navigate a non-neisclosure agreement with uh the city of Rockaway Beach um and their land owner. And I can't really divulge more into that. Um, and in the uh the Arch Cape Watershed, which Sustainable Northwest facilitated from around 2017 to 2022, 2023 following that acquisition, there was a non-disclosure agreement there as well. So non-disclosure agreements are pretty common with all land owners uh spec specifically large land owners because they want to make sure that their information remains proprietary um in case any you know in case a project moves forward but doesn't get finalized. They don't want to have liability or you know someone else knowing confidential information. Um there are ways and we would depending on the city's comfort level, you know, there are ways to navigate non-disclosure agreements depending on what information is and isn't permissible by the landowner. And we've we've seen those processes, but depending on and I don't know the specific context of what the city is and is not comfortable working through in terms of a non-disclosure agreement. Um, but it's it's a it's a piece of every uh forest land acquisition project

and and the mayor referred to you as uh he said you were the project manager for the land. That's the that's the term he used for the land owners rather than contractor. He called you the project manager.

Totally. Yeah. That's you know my predecessor called our role the project quarterback uh project manager. Um that rings true as well. Uh where you know it's kind of a there's it's a time limited engagement where at the end of it the hope is that the city has more forest land and has a path forward with your forester buying from your community that it will be managed in a way that is in line with the goals that you're identifying. And since you have uh a forest management plan that's current and you have forests that you currently manage, you know, the the startup of understanding what forest management looks like will be easier than, you know, for the community with Rockaway, they didn't own and manage any forest land. So they had to kind of learn that that what forest land management looks like. You know, you have a responsibility for road maintenance. you have a responsibility for forest health treatment that's not necessarily timber harvest, but it's making sure that your your forest is resilient in case there's um disease that comes in or in case, god forbid, you know, a fire starts on your property, you know how to respond to that. Um, and you're already a leg up on a lot of projects and that's a testament to, you know, in 2007 or is that when it was when the watershed reserve, Ecola Creek reserve came into city ownership. So a testament to good work of your predecessors.

Thank you. Are there any other questions? I don't have a question. I'm talking to the council. Oh, I'm sorry. You you missed public comment. Sorry about that. I had a question. Um I don't know if it's when the city in 2007 when we acquired uh when we got the bondfr didn't we utilize the contract like this or did we use city resources to figure it out on our own? I thought it was and played a big role in it and

we had a the planner who was investigative and I think since development the plan has changed the of having gotten I I think it's gotten tougher. Are there any other questions? Maybe

I have a quick one. Uh, is it part of your service, Daniel, that you do an assessment of what would be the most valuable uh parcels of land to own? Is that where the process starts?

Yes. Um that is what we will do is we'll pull together some maps and information that say you know here's the acreage of the watershed and the acreage of your ground your springs they're kind of the restore basin here's what you own here is what your priority parcels should be if you want to acquire more land and we'll we'll look at slope steepness um in terms of risk of turbidity. We'll look at timber age um and we'll look at road amount of roads on um those properties and we'll we'll make a recommendation and we can do that pretty quickly. That can kind of be maybe a first step where we'd say if you're going to move forward, the most bang for your buck is going to be this 600 acre parcel um because it contains more waterhed or we can recommend, you know, it's the adjacent 300 acre parcel because it contains more of your spring ground, your spring restore area. Now, what's interesting with the city of Canon Beach is that you are pulling from springs. that's your priority water intake, your year on water intake. Um, but you also have water rights and I believe an emergency intake on uh the AOLA creek. And so there's a conversation to be had on is an investment in acquiring forest land that is surrounding the West Fork Ecola Creek. Should that be your priority or should focusing on ensuring that you own as much of the groundwater re recharge basin will that would that be your priority? And we can we can identify a number of scenarios um as well. I I will say there

are some things that are outside of our ability in terms of uh a a financial appraisal or timber evaluation. We have great partnerships and we know a lot of great uh appraisers and timber value valuation folks. That's not something we would do ourselves um because we want to make sure that you are working with local entities that have the best understanding of what the area markets look like um to give you an accurate picture, but also to make sure that you're able to have a competitive and compelling conversation with the landowner. But that's all a part of the process that we'll, you know, we'd be able to help you walk through.

Okay. Any further advice? Okay. So, we'll look forward to seeing you next month. Thank you very much. Hope we get as sunny of a day as we have today.

Okay. Um, next we have u the discussion about the elk population and in beach and potential solutions. Mayor not counselors

put this one is raising my hand. Okay. So um uh so we again the council brought this up to council retreat back in December. We had talked about it in January. Um and then um I volunteered to uh find some people uh that could come and talk to the council uh with regards to uh the elk population. uh Denise Laughman who is the executive director of the Columbia River Estuary Study Task Force or Crest um and Paul Atwood from ODFW kind enough to volunteer and come here and talk to you uh about this and so I'm going to turn it over to them and they're here. They've got a little presentation and be able to answer questions and please remember they volunteered to be here. So, thank you very much. Um and I'll just turn it over to Denise. Great. Um well, I'll just start by saying thank you for having us. Um Rene, go ahead and go to the next slide. I will say um a lot of the photos are actually ones that my husband Mariah took. If they're not ones that we took, then I tried to put I tried to find the name. So all of them are attributed to the people who took them. Um so why are we here? Um, we wanted to come and give you an overview of the Classic Plains Elk Collaborative and the work that we did together. Um, and also give you uh some information around the the goal of the collaborative. It brought together a really diverse group of stakeholders with lots of feelings about ELP, similar to what we've probably seen in not only public comment um tonight, but in conversations over time. And so the

group came together very diverse around 30 folks. um Crest was was a member of the collaborative from the beginning and we the goal was to come up with some toolkits um and we separated into four different um committees and I'm going to talk about those a little later but looking at things that communities could do um to address human elk interactions um because safety had become such a big concern um and the urbanization of elk and being in the urban environment and not acting like wild elves any longer. Um and so and we also wanted to give an opportunity for discussion or questions. Next slide. So this is just um a map of the area in class plains. Um it incorporates Camp Riley, Classic Plains, um Deerheart, uh Seaside and Warrington were all also, um part of the collaborative. the mayors of um Seaside and Warrington co-chared uh the group and we started in in 2019 because we were really looking for as it says up there a better cohabitation approach between people and health and safety had become such a concern that there was a need to do something. As was mentioned earlier, this was an Oregon solutions process and because it had such a diverse range of opinions within the stakeholders. The governor's office is the entity that approves um Oregon solutions projects which are run out of the um there's a couple of centers at PSU and Oregon solutions is one of them and they do collaborative processes in communities where there's conflict around lots of different issues

and so in 2019 the governor selected the class project as as a project that would move forward.

Thanks. So because you have a broad group of people with lots of opinions, these were the shared understandings of the collaborative in terms of um what we all came to as a foundational agreement in our conversations and what we were going to look towards as we moved forward. And then um next slide please. and we created a vision for the group um in order to give us additional foundation for how we wanted to work together. And I will just point you towards um the second paragraph which talks about the importance of improving public safety, reducing property damage um through outreach and education and then looking towards a communitywide approach to reducing urban elk interactions. And then the last sentence I think was also really important for many people to maintain a healthy and viable herd or herds. Um because we all also recognize the really valuable cultural and um and the natural resource based value of elk here, right? Like if we look back to the synthetic journals, elk were a big reason why they survived their winter here. Um they've been here a long time and and as someone who works in natural resources, I I believe are really fortunate to live in a region where we have megapana. um because there's so many places that don't any longer and so figuring out how how we live with them and maintain the herds is really really important. Next slide. So then in 2021, we all signed the Declaration of Cooperation. And the reason I'm here tonight is the request that that was made of Crest was after this declaration of cooperation is signed, Oregon Solutions steps back from the project and they no longer facilitate and they needed a facilitator

to assist with moving the group forward, helping with organizing um and and helping keeping things kind of moving around the all the agreements within the declaration. And so Crest was asked to stake on that role. And so we've been serving in that role since 2021 2022. Um,

and then I will say we met in November of 2025 and the the group itself had come to see that much of what had come out of the cooper the declaration was had either been moving forward or there was a need for some of the different jurisdictions to take some action and they wanted to just move it forward on their own. So at this point the collaborative is not meeting um but different jurisdictions and entities are taking action on their own as needed and if we ever needed to pull the collaborative together again we could do that. Everyone was in agreement that if it was necessary we could do that. Um, but I was also asked to reach out to jurisdictions close by that maybe weren't members of the collaborative, but that there was some awareness that there might be some conflict around elk or some safety concerns around human elk interactions. And so I reached out to the mayor um back in December to just say if you need some help or if you want us to come and present, we're definitely um willing to come and and do that and to assist if there's ways that we can. Next slide. So I was speaking earlier about this. There were four subcommittees of the group and I just want to say all of the subcommittees had different perspectives on them. We met like every week for two hours or at least in the committees I was on um for every week for two hours for each committee for six months. It was a lot of work and it was very intensive. So there was a lot of time and effort that went into this um across across all of the stakeholders who were participating. When we said we would, we were like yes, we're going to make a major time commitment to assist in this effort. Um, so we'll we'll move on into the next slide. This is elk management. Paul is going to talk about all about the elk

management subcommittee. So, I'm just going to move right on to the next one, which is research and data collection. And so, what what we wanted to do was to get a sense of what were the elk doing in Classic Plains. And so, ODFW and the Louiswis and Clark National Historical Park have received funding to call our elk. And so Paul, I think we'll talk about this a little bit, but there's a number of callers so we can see how they're moving um and create some maps um to have some understanding of that. ODOT was involved and we really wanted to track elk movement on both sides of Highway 101. um also to understand landscape usage, but also we ended up looking at ways that we might be able to reduce um accidents with collisions with elk um particularly on 101 where people are going a lot faster. Um, and then other I know that other committee members were very interested in doing research and finding studies around elk um, elk that maybe haven't habituated to urban environments so we could kind of gather data and have as much information as we could as the committees were working to come up with ideas about things that we could do and create these tools. Next slide. So the human management subcommittee I was on that committee these are the highscoring management actions that we believed needed immediate implementation. All of the jurisdictions up north have no feeding ordinances now. Um sometimes they can be difficult to enforce because officers have to catch people in the act. Um, but people can get warnings or, you know, they can have someone come and chat with them and explain to them why that known feeding ordinance is there. Um, and guidance and educational materials so people understand the importance of not feeding out. Um, and then resident education

materials. We talked a lot about landscaping guidance um because what we plant in our gardens will either attract elk or they'll come in and they'll figure out you don't have anything that they want to eat and they will go to another yard where there's better food for them. Um and also best practices for pets. Um and so those were some of the the top items that we thought would be really important. Next slide. And then we had medium to low scoring management actions um including um we talked a lot about you know creating some kind of tourist edi ed education materials and providing that to chamber of commerce maybe some of the hotels in seaside to help and um short-term rentals in gearart um we we wanted to talk about broader general education helping people understand what is actually a safe distance from elk I live in Canon Beach and what I've I you know I've been I've been working around this now since 2019 and what I see people do um is as someone who works in this field is terrifying. Um and so helping them understand what is actually a safe distance from these animals, how close should you actually get. Um we as I've mentioned earlier ODOT has uh was looking into proximity sensors. Um so those were some of the other human management recommendations. Next slide. And then on the land use subcommittee recommendations. um we we felt that it was important that that we take some ownership of about the way that land use plays a role in perpetuating or limiting these interactions between humans and elk. Now clots plains is a very different

environment in terms of land use than canon beach. Um, and so I recognize that this is, you know, looking at a very specific um, part of Classic County, but it's something that I just wanted to touch on so you guys were aware. There's things we could think about here. Next slide. And so what we've talked about was, you know, can we create elk corridors? There's creeks and um, and and places where that will will not be developed. And so are these locations where we could figure out how to keep them that way? So elk had had ways to move through town that maybe wasn't within the urbanized environment but was more in the natural environment that still remains within these areas. Um and then some of the other opportunities I will say next slide. This one this next one has a lot of text. I'm not going to read it all to you but it has the details from the land use committee in a different way than those other two slides which is why I included it. I will say we did talk about fencing a lot because there are people who have gardens. They want to garden and they want their gardens to be protected from elk. And one of the things that we bumped up against and would need to spend more time on, no one no one put anything into place in any of the jurisdictions, but um really tall fences are needed to keep elk out of gardens. Um, but we also and I I don't think Canon Beach wants this. Ghart didn't want it. Seaside didn't want it. We don't want 8 foot opaque fences that then create kind of just like these walls along our streets, right? So when we talk and think about fencing, we want to think about how do we how do we think about fencing in a way that allows people who have gardens and want to fence their gardens to do so, but maintain kind of the um the visual

aspect of the fencing that we currently have. Um, and we didn't dive in it too much, but we talked about it a lot because we understand the importance of what our fence, how our fences create uh within the built environment, how important they can be. Um, and so I wanted to mention that because of the comment earlier to say that it definitely was something we need to talk about. And then the next slide is the last is on perfect.

All right. Uh, thank you for the record when I call out. I'm the district wildlife biologist or the Oregon Department of Fiction and Wildlife out of Tilla. Um, next thing. So, uh, as as we talked about, I'm I'm not here to like advocate for any sort of solution today, just provide some information and answer questions if you have it. Um I was a a member of the elk management subcommittee among other uh other roles in that collaborative as well. I I would say um just to give some background. So the elk management subcommittee as a wildlife biologists so I was on it but there were it was a diverse background. There wasn't it wasn't like a group of biologist minded folks in the room. We had landowner representatives. there was I think one other biologist in the on the committee but um it was a very diverse background. Um so what kind of the process that we went through was uh we spent we we spent an excessive amount of time bringing to the table every conceivable like option anything we could choose. um worked on defining it uh having kind of writing out the pros and cons and then you know kind of putting it through like that biological filter. So um I heard a comment about sterilization I think in public comment. So that was one of the things that we looked at. Um and then and put that through the filter of like okay so do you do you just since we're talking about it do you sterilize males or females and then how long does that work? How do you employ that? and and really like you know so so for that just for that option since since I'm using as an example like there's there's uh limitations on kind of how you can do that because you can't cap you can't

could physically capture say every every female and sterilize her you know physically like you would say a spay a dog or a cat that's your that's your domestic pet. So, um there's just some, you know, we talked through a lot of those like different issues about whether it was um increased predation or um I mean, we had I can't even remember all the different options. Um once we kind of had everything discussed so we all understood everything you know to at the same at the same level. Um we went through and independently scored each uh we had a spreadsheet. We looked at all the different options. Each member scored it. We aggregated scores. kind of looked at the cream that rose to the top and then discussed that prior to making those recommendations um to the full project need.

So on the the bullets I don't need to I'm not going to read all these but the bullets on the on the slide here are were the were the recommendations recommended actions that came out of the subcommittee. Um, so we talk about fencing options more for like mass exclusion. So not the not the like we're going to fence off you know our our lot in town but like um you know you know how just how that would you know how that would work. Um more on like a a communitywide neighborhoodwide basis depending on what the what the local government was interested in. Um you can go to the next slide. So one too many. So we we kind of have like this uh we have these four that I put strike through on um in in kind of the in the now five years since um finishing the declaration of cooperation. the the ones that remain there are um are kind of the ones that have uh risen to the top of the cream of the cream. So, I just want to walk through kind of the the ones that I' I'd struggle through there. So, um, an elk behavior modification plan, that was something that never came to fruition. and uh insurance to attract elk from select areas or attractants to to attract elk to to select areas like those were those were things along with movement corridors that today having been employed um and and I would say like while they were recommended as options um would be a pretty heavy lift to try to engineer your community um in order to employ something like

that. So um you know when we when we look at elk and and management um you know really what we're doing it we are balancing um take with biological surplus. So whether that's um hunting options uh we you know we you heard you heard public comment about culling um one of the things that we haven't uh knock on wood there's some wood somewhere we haven't had to do in Canon Beach yet um you know do any targeted removal of of really aggressive individuals um but we have we have been in that situation and lots of planes. Um, so yeah, I guess any any questions you have with me or anything you want to discuss, I'm happy to answer anything. Um,

what do you do with those belligerent?

They're euthanized. So they're they're deemed that um they've been so aggressive and and generally once they once they uh kind of cross that threshold, the the threshold is making contact with people. So, where we have elk that are uh kicking people, striking people, we've had we've had bulls that um have gored cars and have attacked uh humans, pushed them to the ground, even pointed them in the ground with their antlers at, you know, at that point where there's like kind of this broad understanding of public that there's a public safety issue that that individual has been demonized. And I I mean I I all these ideas that we accept not the Cohen idea but the other ideas seems like you have all these ideas but you said that very few of them had been implemented like the borders etc. the sterilization of course it would seem to me that sterilizing the males makes a lot more sense than sterilizing the females because there's so many fewer males who are uh you know uh mating. Yeah.

So, than females and I read um I know in BA Canada they drive a dart uh a dart method instead of having to you know take take down you know hunt down a nail, put them to sleep, give them a you know snip snap or whatever. But um but I you know it just seems to me that

all these ideas the easiest one to do it seems to me with is shooting and I think that is the worst one. So, I'm not, you know, we we don't even have a public education campaign in this city yet. We don't have signs at the entrances to the city warning people about the el. We have no signage up that it's really we have no viable campaign of education yet in this city for tourists and for citizens. So, obviously to me that's step number one. Yeah. And the other things you mentioned are things that need to be looked at. Like, you know, I I don't I like more information on this the sterilization. You know, I hadn't even thought about the males. Of course, that makes more sense to sterilize the males, you know. Um, nothing. It's just sort of like the only thing I know that's been done is what happened in Gearhart and that was a disaster. And I know you were at the public meeting with city council and people just round you know on it. So obviously that is not a good solution. So it seems with all these other ideas, why haven't any of those?

I I just like to point out like so as an example like uh sterilization wasn't a recommendation from the house management subcommittee because it's uh it's it's not a long one, it's not a long-term solution. It's also not like uh logistically viable. So, while it makes more sense to sterilize males because there's fewer of them, um it only takes one to uh work its way through a a group of cows and um and reproduce. So, uh they males during the wild travel long distances as an examp um males travel a long distance. They can they they can tell when a group of cows is in heat. And we could we could uh work at length to try to sterilize every male bowl. And uh what we would I guess could guess would be the range that they could come and uh reproduce with like a local herd of cows. But um for for a species like elk, it's really females that need to be need to be sterilized because um because it does only take one. If you miss if you miss one bull or something doesn't take uh it's it's not going to work. Um so that's why like the recommendation is biologically is females. And um when we looked at when we looked at sterilization, the the best way like the most feasible way to do it because we can't physically capture every single female and and and and then do a physical sterilization on her. Um would be a chemical contraceptive that you you would have to give annually. Um which is

of course increasingly uh increasingly challenging. And then all you're doing, you're still left with the same herd of elk that you have. You just are preventing reproduction. So, um, urban elk, of course, they don't have the same uh they don't have the same predation or or sources of mortality that that say a wild elk would have. Yes, they can get hit by cars more frequently, but um they don't have, you know, you don't have like the predation on young when they're in town. They they eat a higher um higher quality feed. So when they do reproduce or when they become adults, they're they're uh they're physically just healthier. They've got more fat on them. Um so it just increases their lifespan. So the the timeline from say starting a sterilization program to realizing some benefit on the ground can be like the lifespan of a cow which could be upward in the high teens if it's 20 years o over 20 years old. So that was why as an example that was why um you know like that option for from the elk management subcommittee wasn't wasn't chosen forward but absolutely agree there's some

you're putting it on rose bush you get it sterilized and council kerr we signed a contract with the marketing company we have a kick kickoff meeting on Friday and hopefully we'll be bringing a marketing campign came um back to the council in May to show you. We have Denise right here who lives in the city of Cane. She said she knows how close you're supposed to get to an hour. She knows all the information that I hope these this marketing firm is well aware of. I don't know. We will utilize Denise best we can. Yes. Thank you.

Yeah. And there's some great examples on the marketing side. All you have to do is think about the national parks like Yellowstone, right? Or Lewis and Clark National Historical Park has elabituated as say they are in Yellowstone, but um there's lots of great examp Rocky Mountain National Park has t they're not Roosevelt elk, right? They're Rocky Mountain, but there's some great places that we looked towards as we were doing this work. be like, "What can we tell people about how far away to stay from animals?" Why? Like, they're over 800 lb. Some of them are a ton. They move really, really fast. You do not want to be within four feet of them, right? Like, it's the distance is supposed to be, what is it, two, two school bus lengths. That's how far you're supposed to be away from them to be safe.

Yeah. No, I lived in Alaska and loops actually are sneaker. Much mean I just learned,

you know, if if I couldn't get to my car in the morning, well, I waited. I was late for work. Oh, well, you know, you understood. You know, it's just you you adapt and you know, um there are things you can do. I I just I still don't buy the thing about I mean I understand what you're saying about the male female who should be who should have the contraceptive administrator. It just doesn't make any sense to me though because but I I don't want to go into that right now. Hi. So, I I questions. Um, so some of the concerns that I have is uh the elduated within city limit that makes people think they can get close to them because they're just standing around. Um, and also their population density. So I don't know if um if they could talk um sorry if you could speak on the density of the population and how disease spreads through our animals and the issues whether what what sort of density we get to that they just aren't naturally enough and creating an issue within the entire herd and potentially having them crash because of a high disease spread throughout the population. Yeah, I I couldn't speak to say um a density or a population number for the city of a specific number, but the thing

I I would say like there's definitely risk there. So, as populations increase, I mean, this is the same way with humans, right? Like if if we're all um if we're all living in New York City, let's say, and there's some new uh uh disease, right? more likely this way where you have dense population and you know opportunity for close training. You would if you know the population was you know less dense. You didn't have quite as much um you know one-on-one contact with with uh with different individuals from the population. So so yeah definitely definitely there's risk there. Um uh what was it what was the other part? Well, I I haven't got to it yet, but I just wanted to ask about acing and the the using behavior modification plans, putting something like that together. Does that

assist in spreading elk so they're less dense? I I know amazing amazing techniques would be used to try to make like wild elk and no longer elk, but does that also assist in spreading the the herds apart so that it's not such such a high density together as a single group? Yeah. So, one of the things we see with hazing, um, of course there's like there there's a wide uh a wide threshold there of like what does that actually mean, right? And and how is it employed? Um,

generally speaking, when we uh when we're giving advice to the public and in my experience with hazing wildlife, it's a it's a temporary short-term solution. So, it um it's not it's not like hazing is going to um be a be a silver bullet. It's a it's a way to have some shortterm impact at a very specific location. So um if you were say a resident of Canon Beach and I was talking you know you called me about some um conflict garden landscaping you know whatever the whatever the issue is you know I would have a conversation about hazing for sure um and we you know discuss different you know different ways to to use that technique but um but at the end of the day it's not it's not like hey we're going to way out of a problem if you were say in a you know in a situation like this. So, um definitely could be used um to achieve a variety of of short-term um uh outcomes, but probably not something that uh is logistically feasible to say, um you know, completely eliminate uh a or significantly make a make a difference in in conflict.

But can I tag on? Uh, so hazing, I don't know exactly what we're talking about, but does that not work then you're saying as a way to modify their behavior? Short term it does. Yeah. But like if you as an example, if you have some really if you have some really hasty high calorie landscaping um like roses if you want, you know, if you want to use that example, like you can you can chase them away. You could, you know, you can haze them. You're you're using a a technique to try to discourage them from being on your property, right? Like that will work. But elk are calorie, like they are calorie driven species. And so when you have that, like they're going to continue to be attracted.

I'm more thinking the problem is the habituation. Uh I mean 20 years ago, you could walk towards elk and they would always walk away. Now they're so habituated to people. Uh you know, we can all take the blame. I don't think we need to blame it all on the down terrest. I see some stupid things, too. But this hazing does nothing for that kind of modification where now they become a little more uh skeptical that you're not just dispersing them. Yeah.

But does it change their behavior in any way? So if you were able to employ that uh universally say throughout the city, you maybe could affect some change, right? But logistically being able to achieve that where the um where the the pressure is consistent is every time every interaction like that's just not the I mean this is not reality right um unless there's like a crew of Lazers that by the city 247 arrow horns Has the state ever implemented in any area? Have they ever tried to implement a you know a a hastening campaign in any

like a large broad coordinated campaign in any in a smaller jurisdiction or in a larger jurisdiction? Is it ever because you're saying it doesn't work but I'm trying to figure out how you know it doesn't support.

Uh yeah just from experience. So, so most of our most of what we've uh where we where we've done hazing um like say the department is doing it is um kind of uh it's it's mostly around like uh individual properties. Um it it's kind of situationally dependent, but it's a lot of times individual properties where there's some uh working with a land owner like a land owner is going to do, you know, we watch something for these hours and there's, you know, there's some staff available to help, you know, overnight or something like that. Um like that's again like that's achievable while the pressure is consistent for the short amount of time that you're able to do that. Um, but as soon as that goes away, if that if that caloric reward is still there, they come right back. So, it's just got to be I'm not saying that like when I say it doesn't work like I'm what I'm what I'm saying is it's it's very challenging to get to the level where you're employing hazing at a broad, you know, at a scale like the city and and the and the pressure is consistent 24 hours a day, 365 days a year.

And what about landscaping? Where have those been dropped? Yeah. So, we've um that was a recommendation that came out of the collaborative.

Um I I would say like uh certainly certainly there's there's probably there there are some there are some uh some plant species that are can be extremely toxic to L. There's there's of course risk there. So when when it becomes uh in my experience generally you have you have like a class of you have a couple classes of vegetation. So it's palatable meaning it tastes good and it's provides good caloric reward. It's unpal palatable which means it doesn't really taste that great. Um but it still provides some calories. And then there's like the toxic plants right.

I'm not talking about toxicity. Yeah. So when we when we're when we are looking at like say an unpalatable plant species many in many cases I'm not I'm not a bias um so trying to stay in my lane but uh many species once they're in say a garden or landscaping and they have artificial fertilizer provided um it it kind of it shifts that plant into the pal palibable category where something that would otherwise not taste good all of a sudden you get some artificial fertilizer there and those and it and it makes it taste better.

Well, that sounds like don't use the artificial.

Well, and there's we um Dr. Dana Sanchez was part of the collaborative. she's with OSU and one of the things she had started working on, it never was fully rolled out, was like looking at ways we could plant, how we could talk about plants that um on the scale that Paul's talking about are going to be on the less desirable and and if in your own yards you may have seen this, right? They will bite a daffodil and spit it out and you'll just see the head of the daffodil sitting there because they they're playing on that spectrum that Paul's talking about and as soon as they taste it they're like no. Um what I've seen in the research I've done is plants herbs they they don't like plants with like a heavier scent. Um, some of the natives, some of the natives, they like to eat, right? Like they really like salow, but they're not going to eat ferns. Um, and so it's a it's that is a place to look in terms of um like we could reach out to Dr. Sanchez and work on pulling together like a list of if you want to keep them out of your yard. Here's um plants that we typically see. they are understanding there is a spectrum, right? And if they're really hungry and needing calories, it's going to matter less. But in general, here's some options for you if you're looking at your yard and thinking, I don't want to go into my yard and constantly see it being eaten by other. Okay, we can help reduce thinking about some different ways to plant if people are open to that, right? like it's a it's a tradeoff, but um it's something we could we could absolutely assist with. I'd be happy to reach out to Dr. Sanchez and be like, we have a jurisdiction that's

interested like can we can we get some materials put together for folks who are we talk about this all the time. Yeah. You know, about what what to plant in our yards and we're not really sure. Yeah. photo and our yard I said excuse me was planted so it wasn't so el friendly and now they're eating they're eating our chameleas they've eaten the heads off of all of the daffodils before they bloom but they ate them all there was no

they've eaten they've already mowed down the hosta that was coming up there so and I think they ate one of my rosemary bushions Really? Yeah. That is super. Right. So, they're getting to the point where they're just eating through town and there aren't any. They're eating whatever they can. I mean, they've just destroyed a couple of old shrubs that have been in the yard for, you know, 20, 30 years, whatever. because just in these last probably 18 months

the numbers are also so high and they're getting the vast majority of their calories in town. So, I I'm a little surprised and as I think about it, I'm maybe not as surprised as when you first said it. Like, yes. Right. They're hungry. And as you said, they're very calorie density driven and things that are in our yards are going the calorie density is going to be bad.

But I thought what I was hearing was of course if an animal is really hungry, it's going to eat whatever it can without getting sick. But I'm talking about it seemed to me what I was hearing is they were coming down because it was such easy pickings and their favorite fruits were here. They like flowers or they like you know and so that was it to me if those other than the situations when they're really hungry. It would seem that it would be a deterren to have plants that they don't love if they're coming into town just because it's so simple to get their favorite stuff

at this point. think they're so habituated down where where there's a world um because but you're right, they're here and what's here is more than likely is more calorie dense because of the fertilizer and all that we do for our gardens versus like up in the woods where they're eating natives that are like naturally there. There's not a fertilizer. So yes, there's a there's a difference. So in C we have another um were there other ordinances that were discussed that are beneficial for cities to explore that help assist in human health interaction maybe ne maybe human health

was the biggest one and then the other big one but we didn't as I mentioned earlier I didn't dive into it quite as far was the question of you know can beach has very clear um land use ordinances around fencing and so but there was a desire to that was the other one I think that that the land use committee was going to look at more intensely if it was needed those I think were the two we discussed uh an ordinance uh about approaching wildlife too closely

and I even if it's just to get headlines in, you know, Portland, uh that you know, Gon Beach has an elk issue and so they pass an ordinance that you can't get closer than this just as education. It seems like it would have some value and if we can keep more people away from elk, I I don't know. I hope that would make them less habituated to people because they are dangerous in my neighborhood. We have

we have video of a woman at Elk Park all there were probably 10 cows around her and she was petting them. She was sitting on a bench and she was telling my assistant, "Stay away. These are mine." And she was it was frightening. So well that red

someone mentioned that red acura that was I saw that too. It was the same day someone had almost been hurt by an elo. What has to happen though when you see something like that at the Pope and you're trying to get their license plate number because it is a violation of our ordinances. It'd be very difficult probably for the police to get to the, you know, they'd leave before you could get the police there. But at least make an effort to report them and report their license plate. I mean, you got to you got to tattletail when you see something happen like that. You can't expect the police to be everywhere and be able to pick out every time somebody does something like that.

So if you see that, it's important that you say something. What about relocation?

Yeah. So we we we look at relocation. Um, one of the one of the tough parts for us is um is the restrictions on relocation and and being being able to do it on a broad scale. So, we have had times where we've um had to move an an animal here or there and and it's it's a single individual, but in order to say try to capture um you know, a majority or a significant portion of a of a of a herd, um it's kind of about where do you put them? So, uh one, there's no land owners that forest land owners that that want out. Um, and we're also required, so we have we have a group of elk in hand, right? We're required to quarantine, disease test those, ensure that there's that we're not, you know, artificially transporting diseases. And kind of in the current climate of wildlife management, we don't we don't move animals around like that anymore. Um, you know, my predecessors certainly did plenty of that. Um, and with elk, um, you know, in the 20th century, um, helping to reestablish populations after, um, you know, market hunting of the, you know, late 1800s. But, but, but we're not in that place anymore where, um, we we know enough biologically about the unintended consequences of that. Um, so, uh, it it's a it's not a it's not a viable option in order to kind of gain the, um, kind of the relief that say, you know, that a municipality in this case would be looking for.

Well, there there's a relatively high mortality on tranquilized, right?

Um, I mean, capture myopathy happens. I'd say like for th for those of us that um for those of us in the field that capture out um uh we try to do everything we can. I wouldn't say it's it's high. Um you know, as you've become more experienced, you get a little bit better at um you know, helping that not happen. I'd say the few times that I've been um in in a situation like that, it's been we've captured something uh using uh like immobilization drugs and there's some or some like comorbidity that's going on with that animal where um there's, you know, there's there's some biological issue, something wrong with it that you can't tell when you're looking at it at distance. Um, but generally speaking, we're we're we're pretty good about being able to capture something and keep it alive.

Okay. But it's not without risk to turn. There's there's always risk. Yeah. I mean, they're they're big animals and trying to capture them in mass would be there there's definitely risk there. Yeah.

And what about doing more palatable planting say out on a forestry or take the carrot and leave them out that way? Um well I mean I think the the question here would be how much time do do elk and pounds spend um you know up in the forest you know in in a in a certain part of the forest. Um you you definitely could try some habitat manipulation. Um again when we're thinking about this is a challenge with urbanized wildlife. So, um, if we were to say hypothetically create some, um, some really good meadows, um, in in a forested setting, um, one, we want to make sure that that a group of elk would detect that, that they that they'd find it. So, there need to be some certainty that we're doing it in the appropriate location. And then the um what you build, right? It's kind of like Field of Dreams. Like it's got to be better than um the carrots sticking out of the Adura window or the the fertilized lawns or whatever the reward is down here. We just you you have to make sure that whatever is up there is significantly better. Um and and what that would likely if they were able to achieve that, what that would likely uh result in would we would hope would be less maybe some less time spent in town, but it wouldn't result in not not having eld. So yeah, that only used to be seasonal here. Uh they would disappear during uh the summer. They would especially stateary people.

Yeah. Um but I now I don't think they leave at all. I think they're just they're completely urbanized. Did you have more, Eric? I know I interrupted you a couple times. No no I was just saying spring break they come or they leave they come back after Labor Day. Yeah. By I'm curious. So, all right.

Um, I'm curious that you struck out develop and implement elk behavior modification plan. And maybe I don't know what that is. I'm thinking that's hazing. It's kind of related to developing uh movement corridors. Is there something else that that involves or why does behavior modification not work?

Yeah. So, the reason I struck that out wasn't because um success or failure. Um that was a that was a commitment that was taken on by OSU that just due to funding didn't come to fruition. So, it hasn't there was the intention there was that there was going to be a graduate student that worked on that. um that's just not in the I mean I'm not I'm not OSU so I can't speak for them but I struck it up because it hasn't happened tried um the grad student that was going going to work on that um kind of funding fell through so that that wasn't a commitment that um that ODFW made we didn't have we don't have the capacity to do that at the scale um that would need to be done um so that's that's more why I struck it on that because it and then tried it and failed. Okay. Um and also the elk movement corridors. Uh I mean we've got some very popular elk locations here. Of course, you can go around any corner and be surprised,

but Nec Park, which we're going to uh develop and more naturalize uh the plantings there, uh Le Shirley Park, uh the other side of Noose and City Park, uh are all frequently uh elk, dependable elk spotting sites these days to me it's an opportunity to do wildlife viewing and education. Uh but are there things we can do in those areas uh that we want to keep people away from them hopefully uh but are there we want to encourage them in those areas. So, City Park, they're all meadows. At least all basic meadows if you were to confront them right there. It's right here. And so, you know,

I thought they'd show up. We have something to say.

So, some of these locations are are locations where as council you could make the decision to be like, if I'll spend a lot more time here, we can put up signage like we're okay if Les Shirley Park has have have elk in it more than people, right? A place like City Park, which is actively used by children families, like my inclination would be um the goal would be to move them to other locations that are that are less popular, right? And and also locations um that don't have attractions for children. um you know so as you think about these places those those would be some of the thoughts that I would think about as as I'm thinking but less surely less so I mean I I the elk are there all the time people use it dogs are there a lot more um you know and so it's it's almost like um it's almost like there needs to be like an Excel table of the places that where we know they're spending time where the herds are larger and then think about from um like a state meat perspective and a use perspective um are we okay with them spending more time in the in this area? If so, what would could we do to make it even more attractive? What's the location where we'd like to move them out? How would we think about doing that? Um I'm sorry that's not a straightforward. Yes, they should be in these locations, but um in these natural resource areas where you're trying to straddle a line, these are the kind of nuances that you have to start to work and and to look at at least from from my perspective and my experience. I don't know if you

No, no, not not really significantly more. I think you you the main point that you hit on is like where are you the concept of like separating human right where like that's where the conflict comes in is when there's when when they're together here comes the carrot out the window you know or or or whatever the you know whatever the conflict might be certainly feel for all sides of this argument because uh and I've been charged at least three times this year fearing for my safety, my dog safety. Uh never knowing uh when I'm going to go around the corner and be confronted. I also don't think there's much of an appetite for a calling program in this town. Uh but just for the sake of discussion, uh when you've got urbanized elk, what does a colonal program look like? That's one thing when you're on some 40 acre meadow, what does it look like in Canon Beach?

Well, I mean, frankly, that'd be a that'd kind of be a discussion that ODFW and the city would would have. Um, I would be it it would be out of place for me to try to speculate on what that would look like just from my perspective. Um, we do have we do have a urban deer and elk uh uh program that I can provide that uh provide those rules to to you Tim if you like um and send that so you can get that to the city. Uh there's there's very clear um it's it's kind of a program that's spirmed out of Senate Bill 761 back in 2017 I believe. Um it's got it's got very clear guidance on like what our responsibility would be as the department and what the responsibility of the city would be. We go through a process um where uh there's some requirements of the city like the you've already met like uh no feeding ordinance. You pass a resolution declaring elk as a public safety nuance. Um you put together kind with our with our technical help. Um the city puts together like a a how this would work. Um I think I got a few notes here. Um uh we the city designates would like designate areas where um take is to occur and the manner of take. Uh the department designates the number and sex of individuals to be taken. So there's there's very clear rules and and guidelines of how how you kind of you know move forward with that. Um but it's not a it's not a program where um one side or the other. We you know it is is kind of going alone. We're we're working together through that.

Does that answer your question? Um I want the dirty ugly part of the answer. How how does this occur? Is it you? Is it ODMW that is the person doing the taking? Yeah. Um, I mean that's something that we could discuss. It could be it depending on where it's at. It could be us. It could be wildlife services. Um, the city has the authority to um, you know, bring forth their own agent. So, it's it's uh, you know, we would work together park and city park. Um, if that's Tell me about it. Yeah. I I don't know those parks enough to city park right

to really speculate. Um, you know, so one of the things that we that we'd look at is um is public safety. So, can we take elk in a way that doesn't uh that doesn't increase public safety? So, um whether that's using a firearm or trapping and euthanizing um you know, those are those are different different options. Um and and again like where that occurs. Um it could be we we could talk about within city limits if a if cur goes out you know outside city limits if we had worked with say a neighboring land owner we could you could explore like that. Um the program uh the program uh requires out to be donated to charity. So all the meat is um is salvaged and donated. Um that's kind of know where they where they go to charity. Generally it's the Oregon Food Bank,

but yeah, there's there's a lot of there's a lot of um considerations when it comes to a client program. That's not what happened. You did that under the Oregon land. That's correct. It's a whole different thing. Whole different thing.

Yep. the only um the one jurisdiction that is um has not their council has not moved it forward but something that I think is still talk about on occasion is is the city of war um as he or is also increasing um and safety is a concern. They haven't moved it forward yet. No,

but it is um but I I do know it is something that but they're the only jurisdiction that that I know out of all of the ones that participated um in the collaborative that is um that is Yeah. Right. Yeah. Have there have there been a population um study done by throughout the entire county or is it like studies just done in the class or was there ever studies done in this area

as far as solution? um or in terms of just having done just population survey. So, oh, I mean,

yeah, so we we we manage on a on a wildlife management unit scale. So, um we're in we're in South Mountain unit and that incorporates all of Class County, some parts of Tamok and Columbia County. So, we we manage on that scale. We do annual um annual aerial surveys for helicopters where we go around and count uh we count out and not to get a count of the number in the unit but to get u we collect her composition. So um we're looking for metrics like the number of bulls and calves uh related to the rate the ratio of those two to the cows that we count. So males to females, young to females. We we use that in a population model to to provide an estimate. But that that's kind of an annual annual survey is kind of what we do there.

Okay. Would it be possible to do a more targeted um population study in southern county and get get an idea of what the what the actual number is that we're dealing with is and see has this number changed substantially like it's anecdotally it seems like it has changed substantially in the last 10 years or so but I don't know what the actual numbers are there just more here more and this same number that it's always here or

I I would say um just from my from my own expertise. So we or experience we we couldn't we couldn't say develop a population model with the data that we have right now. We couldn't develop a population model for say um Canon Beach or the southwest corner of Plaza County or something like that. Um I I would say based on the surveying that we do um looking at say trends of animals um probably our highest density right now um in of of all the flights that we do from from uh say the Nia County mountain up to up to hill is probably the highest density up that we have right in the district. So, um, but that that flight in particular, we're count uh just know what we detect is can be 5 to 600.

But we had no less than five sets of twins last year. And the we had the one, you know, the lone bull elk that we had. Well, he has a girlfriend. I've seen them on the side of the highway. So, that's going to start a whole another.

Okay. So, we have um have quite the discussion. We're going to look at um ways we can enforce the no feeding for going to look at um a possible ordinance to um establish a safe distance away from the elk. We're going to ramp up that education program and signage and we're going to talk about defensive

and there's if there's any way if you guys need anything please feel free to reach out one more question about fencing. Um so there's an indication that um approximately fences is what's required to exclude an area that I saw in some documents that we were sharing at some point. I don't know if they came or if they came where they came from but it had a whole discussion of double fencing for highways space 3 whatever distances they're spaced apart. Is there guidance on not having to go between vents and using a blockade of some sort to add the lower height that's wider wide edges sort of stuff that they can't

make the full jump.

Dr. Sanchez was the one who brought that forward as a way to lower the height. Um, and it is so if they're if you've got two fences that are close enough together, um, and they can tell where they are, um, they know that they can't they they could clear the height, but they can't clear the distance. And so, um, I believe that was another I Yes, I've I've seen that and I do think it came from OSU extension. Um, and so we could I could there's a number of items that that we've discussed tonight where I think it could be useful to bring Dr. Sanchez in um just to provide um feedback or or more information. So I'm happy to pass that information on. So one thing I regret is landscape education

to Dr. Dr. Sanchez has a plants list. Yes. And and so your answer about uh elk behavior modification, no one's really studied that. Not unaware of that. Okay. Anything else? Well, thank you very very much. Um I'd also like to thank the audience. I know that this is an emotional issue and you're very well behaved. So I Yeah.

Why everybody? Yeah.

Okay.

We're going veterary counselors. Two down, 16 more to go. Okay, we are back in session.

Uh, today we've got consideration of proclamation 26-03, sexual assault awareness month. uh background for 25 years. Sexual assault awareness month has united survivors, advocates, and communities in the shared commitment to end sexual assault, abuse, and harassment. This milestone is both a celebration of pro progress and a call to keep moving forward. Sexual assault awareness month is intended to draw attention to the fact that sexual violence is widespread. It impacts every community member. Every individual and community in Oregon has a role to play to help eliminate sexual violence by working together to promote social change. In Clatsup County, the harbor's mission is to provide advoc advocacy, prevention, and support while promoting self-determination and hope for the survivors of domestic violence, sexual assault, and stalking. Through partnerships in the local area and across Oregon, the Harbor is committed to protecting survivors. Their goal is to break the cycle of violence through education, one-on-one support, practical assistance, and referrals. And this evening, we have Julia Aman, director of SE sexual violence programs, and Olivia Nicks, who is the prevention educator from the harbor joining us.

Olivia couldn't make it, but we have our wonderful advocate, Joy. Is there anything you'd like to say?

Yes. Thank you so much for having us. Um the harbor celebrates 50 years of service class of famil. So we're really excited and thrilled um to be a part of the community in so many ways. Um the harbor has just adopted green dot bystander intervention training for the communities. All of our staff have been trained in it and we can provide free education to the county residents about how to intervene safely when you see some form of powerbased personal violence. So if anybody's interested in having a presentation, we would love to come and present to you. Um we also are doing for men a call to men to help us stand up for survivors of sexual assault. We are doing a facial hair competition this Saturday from 4 to 8. Yes, there is a creative round as well. So, if anybody wants to crochet a beard in a couple days, but this is our first um attempt to ask men to stand up. And as we know, one in five men are survivors of sexual violence. So, um this is something exciting and we will be at the LL Tap House. So, if anybody has a beard and want to join us. And last but not least, um we are doing a community cookbook for for healing. As we know, food is so healing and such tradition really can can help a community. So if you have a recipe that you'd like to donate, uh we would love that. And we have ribbon today as well. Thank you again for having us. And teal is the color that we wear all month to show support for survivors of sexual violence.

Thank you very much. Thank you. Thanks. I move here 2603 month of April 2026 as sexual celebrities. Any further discussions? Okay. Roll call, please. Council. Yeah. Council. Yes. Council president. Yes. Councelor. Yes. Mayor. Yes. Hey, thank you very much. Okay, that's fair national child abuse prevention month.

You know, background on this is spring is time for new beginnings. It's also the time to renew our commitment to the protection of children in our community. Since 1983, a presidential proclamation has designated April as National Child Abuse Prevention Month. Observing child abuse prevention month allows us to raise awareness of the severity of this issue and arm citizens with the tools to help prevent abuse from happening. Awareness of a problem creates intentional change. Hundreds of children in Glad County are exposed to violence, drug abuse, emotional abuse, physical abuse, sexual abuse, neglect. Chances are all of us know at least one child who's been the victim of child abuse and neglect. here.

Okay. Nisha Wall, the executive director of Cla County CASA will be on Zoom to talk a little bit about it. Good evening.

Hi. Good evening. Thank you, mayor, council members, and community partners. On behalf of the Clatsup County Courtappointed Special Advocate Program, thank you for proclaiming April as child abuse prevention month here in the city of Canon Beach. Um, the words in this proclamation is powerful because they acknowledge a truth that we cannot afford to ignore. And that's that child abuse and neglect affect every segment of our community and prevention requires all of us. There's my camera. Sorry, it took me a minute to get that going. um in Clatsup County, all across the area, as I'm sure you all are very aware, we're working tirelessly to address homelessness, mental health crisis, um substance use disorders, and criminal behavior. All of these things are very complex and deeply human challenges, but I just want to remind everyone and encourage you that we should remember that these issues are not victimless. Um and when adults struggle, children often bear the deepest and the longest lasting impact. systems are often designed to stabilize adults and courtappointed special advocates exist for one reason and that's to ensure that children are not overlooked in the process. Kasa is the only program in our community solely focused on advocating for the safety and the best interests of children in foster care. Our trained volunteers stand beside one child at a time, getting to know them, speaking up for them in court, helping to ensure that they have the opportunity for safety, stability, and ultimately a secure, loving forever home. Prevention truly is our best defense. But prevention also requires vigilance. It requires that we don't become desensitized to what we see around us or the headlines that we read. It requires that we remember behind every case number or headline, there's potentially a child who deserves safety, dignity, and hope. I'm incredibly grateful for your partnership um in recognizing April as child abuse prevention month. I've always really appreciated the support of Canon Beach. When I come and I do events there and I speak there, it's so clear that you're a community that cares about children and

families and you really work hard to lift that up. I have several volunteers who are um parts of your community. I also have many business owners that donate and help me to run my organization. Um and I'm just incredibly grateful for the opportunity and for you guys having me tonight. Thank you. Thank you. I move to adopt recommendation 2604 meeting the month of April 2026 as child abuse prevention. Second call. Yes. Council president. Yes.

Yes. Thank you very much. Thank you. Thank you. Okay, next we have um proclamation 2605 day. Good evening, Chris.

Good evening, mayor, council members. Um this is consideration of proclamation 2605 Arbor Day. Canon Beach has recently been designated for its 18th year as a Tree City USA by the Arbor Day Foundation in honor of its commitment to effective urban forest management. The city is one of more than 35 Tree City USA's uh 3,500. It was 3,400 last year. The Tree City USA program is sponsored by the Arbor Day Foundation in partnership with US Forest Service and the National Association of State Foresters. National Arbor Day is April 24th this year. Aber day uh Arbor Day activities include the annual tree planting ceremony which will take place during the 12 days of Earth Day festivities in Canon Beach. And the recommendation follows move to adopt resolution 2605 April 24, 2026 as Arbor Day in the city of Canon Beach. Second World.

Yes. Yes. Yes. Yes. And just so everyone knows, the tree planting will be on the actual Earth Day, April 22nd at 10:00 a.m. at the Gam Beach Academy. And that's where we're going to be planting planting trees. So, it's a great event. So, everybody show up. Okay, next we have um consideration of proclamation 2606 to celebrate Earth Day.

All right, thank you. Starting with the background, uh April 22, 2026 marks the 56th year of the Earth Day celebration. As part of the Earth Day celebration each year, the parks and community services committee coordinates the 12 days of Earth Day event to educate the community and visitors about the unique complex coastal improvement and ecosystem of the area. Uh we would like to take this opportunity to acknowledge and recognize Earth Day and the work that the Parks and Community Services Committee and volunteers have done to continue the tradition of the 12 days of Earth Day. And a recommendation follows.

I move to adoptation 26 for the purpose of proclaiming April 22nd, 2026 Earth Day in the city of Can. Okay. Any discussion? Overall, please councelor. Yes. Hannah, yes. Hayes, yes. Denver, yes. Okay. And in addition to the tree planting that the mayor uh called out on April 22nd at 10 a.m., there is a host of other events that occur during the 12 days of Earth. And we have a great banner that's up on the city website uh that you can direct people to uh so you can attend one or all of the events starting April 11th, which is Saturday. So, thank you.

Thank you. Okay. Next we have progation 2607 for dark sky week.

Thank you madam mayor. International dark sky week is a global celebration of the night from the dis from the darkness needed for a restful night's sleep to the activities we enjoy beneath the stars. The night is filled with wonder and importance. Dark n dark dark knights sustain critical wildlife ecosystems, strengthen the well-being of our communities, enable scientific discovery, and preserve shared cultural knowledge and traditions. The recommendation is to adopt recommend sorry proclamation 2607.

I move to adopt proclamation 2607 for the purpose of designating April 13th, 2026 as sky week. Second. Any discussion? Okay. Council. Yes. Yes. Yes. Yes. Yeah. Okay. Thank you all very much. That concludes our information meeting and now we move to ordinances.

Thank you, Mayor Council. I'm not going to proclaim anything. I here to consideration of ordinance 262 an ordinance amending canon beach miso chapter 8.08 08 burning. Um the intent with ordinances 251 and 2601 were to amend the burning code so it would ban the burning of yard debris and household waste, ban recreational fires and short-term rental properties and increase the violations penalty. The details in the ordinance language exceeded the intended ban. Attachment A is proposed language for council's review. Additional concerns were raised during implementation. Planning and residents requested that wood burning fire pits be permitted for owners of record when properties are not being used as short-term rental. So the exhibit A I would just note that those changes have been made there on the uh second page of that document. And um you'll also see they added in that beach fire standard uh that OPRD was one on the juris uh statuto education line. Uh and then we're working that about the uh short-term rental owners while we're there can come and get a third. Any questions?

I have one question on 8.48. 8.8 fine the change there. I just want to make sure. So if um you can get a valid city permit, do you have to get it from two different places? That's a

Yeah, I wonder is has both entities per when you get sign when you look at I thought you're going to get two permits. Okay, this one. Anything else? I think it's pretty reflect everything you haven't approved the first reading of ordinance number 2602. Second. Okay. Ordinance uh 2602, an ordinance amending municipal code chapter 8.08 and roll further. There's no discussion other discussion. Okay.

Councelor H. Yes. Council president. Yes. Councelor. Yes. Counc. Yes. Yes. I'll move to approve the second reading and adopt ordinance number 602. Second. Ordinance 2602 and ordinance amended municipal code chapter 8.08. Any discussion? Roll call please. Council president. Yes. Council. Yes. Councelor H. Yeah,

yes. So, um, ordinance number 2.02 has been adopted and will become effective in 30 days. Thank you very much. Okay. Yes, we have consideration that ordinance 263 first.

Thank you. Now, um, council, we've been working on amendments to municipal code chapters 10.08 08.010 definitions and 10.12.010 bicycles, skateboards, and emerging mobility devices. Council encourages pedestrians and bikes to use in town, and ebike rails will offer visitors an alternative to driving, allowing visitors to leave their cars parked. Is Ian here? Are you Oh, do you want to come on up? Sure.

You were the only one in the audience. I didn't know who they were. So, I have give us a little set of plans for how we're going to handle my rental this ordinance this past. Okay. Well, um I guess I'll start with volume because ebikes really is just an addition to what we're doing. Most of 96% of our rentals is the trikes, right?

So, as far as handling ebikes, I um right now we receive when somebody comes in and wants to rent a bike um and they manifest a particular interest in the bike. We have a series of rules that we're running this through. We always stay on the labor and policies and so on. Then we offer to use a helmet and depending on the vehicle that they're or the item that they're using, we explain how the item works and uh show them the way in this in certain cases. So when it comes to two wheeler bikes, people can use them in the streets or they can use them on the beach. The trikes do the ordinances are used only. Does that does that explain

you have a limit or bikes you would rent? Sorry, you have a limit on the number of bikes that you would rent bikes. Well, right now when it comes to two wheelers, like I said, it's it's less than 3 4% of my of our rentals started and we have about 12 two wheeler bikes. So there can't be a whole lot and I have a very limited space and just bas except that you miss this is you. But what about if somebody else moves into town and starts bringing you know you know I mean there's no this group right now person does it but there could be other people in the future who do it.

Sure. So some somebody could definitely decide or try to start a business in that business. Absolutely. and could have got tons of I would I would I would add that well first of all I there's already a lot of bikes that go on the beach that are not rented bikes when you see a lot of the bikes that are going around they're not necessarily us a lot of people come their bikes right as far as renting ebikes or renting a bike to ride in canon beach some people rent their bikes in seaside and they bring them over here

there's businesses in in Portland that organize tours uh some of them actually bring ebikes So they rent the ebike in in Portland. I mean you bring the ebikes here then they use it. So I you know as far as I can't control that aspect of the business um should I mean I you know when it comes to bikes because it's still tricky because when you have bicycles there's depending on the brands there could be two to four different sizing for one bike. So it's it's tricky and it's a it's pretty expensive to hold an ebike. I don't I think I think just the bar the access to renting ebikes is quite high. No matter has the capital to start this kind of thing. The average ebike costs anywhere between I'd say 1,200 to 4,000 depending on the ebike that you're using. So um I mean when we look at the bikes that we're using we're that's it's more than

work on bikes and that's another component like there's a safety part. Uh anybody can just pull some tools out and work on a bicycle. It doesn't mean that they're going to do it right. Um so you know that that could be also a barrier if there was some kind of uh policy around what is required to be able to rent bicycles. I don't know. I'm just I'm just suggesting it because I do uh you know I do see a lot of bikes come in that people have kind of played on a little bit and and and there is you know there are problems with these bikes. I see things that are real awkward and it it definitely is a a safety issue. So if in terms of controlling that maybe having some kind of criteria for uh an operation to be able to to be there is to have I don't know some kind of license or I don't know if that makes sense. I've never

I I don't know what other cities I mean I want to be clear like you know there's more or less 20,000 cities in the United States. I think pretty much every city has policies on ebikes and ebike records. So, I'm sure there's there's a few of them that, you know, we can get answers from. Um, I don't know how strict they are. Some of them are maybe more stricter than others, but, you know, that that is definitely something that's can be looked into. Yeah, that's actually hadn't even thought of that. It's a really interesting idea.

Yeah. You know, we in looking at this, we concentrated a lot on what are going to be the negative impacts of of ebikes and impacts all the safety and you know, beach enjoyment uh etc. Uh you sent out something uh that uh I didn't get a chance to fully digest. wondering if you can talk about what you see as a vision or what what can some of the positive things be about ebikes. Yeah, you should prepare the bullet notes on that. Yeah. Yeah, I have some notes.

Well, there there's a lot of things I mentioned access. You know, years back we we just somebody decided that the entire coast would be protected and would be accessible to everybody and um it's not necessarily accessible to everybody because not everybody can venture on the beach for different reasons. Uh recently there was the addition of a carpet for the people on the wheelchair which is something I had investigated before the sea actually looked into it because I had a lot of people coming in and looking for a way to access the beach. So that's that's a wonderful step forward. Um but the ebikes are definitely a great way to get around. They're not I want to be clear ebikes are not faster than a regular bike. they just have the e electric component which allows them to have a slightly longer range assuming the person riding the bike doesn't have the same fitness than someone else. So it's not so much about power, it's just about range and the ability to be able to fight the wind for instance. Um because ebike will help you whether you want to climb a hill, somebody who lives here on the other side of 101, I have a few friends that live up there. um you know if they want to get to work from home with an ebike they can climb that hill very comfortably without being a Olympic athlete. Um there's also I think there's the component of introducing people to ebikes in a way where we're actually controlling the experience instead of having somebody just randomly jump on an ebike and just go out there and either get hurt or everything goes okay. I think going through this experience, we get to explain to people how these things work and how to not get hurt and how to have fun with them. So these this is another component that I think is super important. That's kind of the way I I approached it originally because I you know we hear we hear the occasional accident where there was an ebike that was involved. Uh there's not that many of them but they happen and we often

time oh you're one of them but they happen and and I you know unfortunately they kind of shed kind of cast a shadow on on ebikes because of that but oftent times they were you know I'm thinking in particular that young young man I think it was a 15y old young man that passed away in Portland he he was first of all wasn't supposed to be on any bike because there's a rule there's a law there's rules in can in In Oregon, you can't ride an ebike under 16, so he shouldn't have been on an ebike. He was wearing a helmet, so that's that's the good news. But, you know, he was wearing he was using an ebike that was not regulated, that was not classified. So, so this these are things that people don't don't necessarily know. And I think in renting and having that conversation with people, we're able to help them understand that landscape of new bikes and understand what's out there with them. But should don't we think it be wise to have as part of the ordinance to require those who rent rebite rent ebikes out to have the safety measures that you've you've um put forth. Don't you think that makes sense?

Yeah. Well, yes. And I I would I would say insurance companies are also requiring it. So I mean of course somebody could get the insurance and and not apply the safety measures but uh insurance companies are pretty pretty serious about there actually many of them don't insure ebikes periods. So the few that do are pretty strict of the safety involved. And didn't we talk about about that aspect and that would be the business owner's responsibility, not the city's responsibility to require that but but to make it has to be the city's responsibility to not, you know, to to put it in a regulation that that you need to be licensed in this way or provide safety information or do the things that Ian does he said is certified uh in his business. We have no requirement requirement in here for somebody to be certified before they can get a business license to rent out ebikes. And that's what bothers me because we're not going to be sitting on this council in 10 years and you know

well in 10 years then they can deal with it if there's a problem. That's kind of how I feel. Oh, that's not how I

I feel like at this point in time, we're in a position where we've limited the number of ebike rentals that you can have to 10. Um, we have one proprietor in town. Um, and like Ian said, we can't stop other bikes from coming into town, going on the beach, so we're going to know. But I think, you know, um, Chief Schultz is going to let us know right away if he identifies a problem. Um, and then that's something that we did. But I I just think we're overreaching on the ordinance

there. So there's there there's a substantial number of rental ebikes in Canon Beach. They're just not rented and not financially benefiting anybody in Canon Beach for that occurring. They have, you know, Portland companies, you have company then you have a number of companies that will deliver ebikes to Canon Beach and then people ride them around all day all weekend and then they get them returned. A lot of times they'll come and so they're they come in box trucks or in trailers and little 15 bikes and people have rented them for the weekend or they paid for a tour and they're out here. So there's a substantial number and it's not it's we're finally benefiting other communities and other people in our one proprietary town advantage of that market. It would be relatively small market based on space that he has in his shop. and and the city also promotes an event and pay and funds an event that has a good number of ebikes at the the Fatire Bike Festival.

So, you said 10. There's a limit 10. I thought there was 10 on

That's what that is what we talked about though, but I don't see anything. is on page three under 10.4.027 27. Um, so Eric, are do you are you thinking that you want to that we should um limit that from happening from other companies coming in or I don't I don't think we can I don't think that's a possibility going to the beach and we don't have any jurisdictive.

Yeah. So I I I was just bringing up a point that there are a ton of rental ebikes in Canon Beach and the employee shop fun um with with this ordinance with a limit of 10 is a relatively insignificant number for the number of ebikes that are I'm not objecting to you renting out ebikes. I'm I'm just saying for purpose of the future I do think about that. that I would like to see language in here saying that the region also must be certified. I don't know what the certification is called that.

Uh oh. Well, it's it's certified bicycle technician or advanced bicycle technician. Yeah, that's what I most bike shops in theory have that I mean some of them don't. They just operate their bike shop because they learn right. So, that's all I'd like to see added is that an ebike rental um business must have somebody on staff who is say an advanced bicycle technician or I guess technician.

I was just thinking with what you were saying there. I think one way to look at it um if you you're really as I'm seeing you're all really trying to find a way to kind of funnel this. Um, one way is, well, I know I know somebody could open a business anywhere, but having rentals coming out of the estab physical establishment, not a mobile unit um, in Canon Beach. I think we've covered that. Yeah, where that was my understanding was that was supposed to be covered. see that I I did find that the 10 that was a 10.

Oh, it was in in like to be licensed with the city as a provider of 5.4. So having a business 5.4 for business licenses. So um that's in that's 1012 027B part of the prohibition, right? Um, so if they're licensed and they're operating, we have rules against operating outside of a business for rentals already the outdoor merchandising um, prohibition, right? And and online merchandising. We have prohibition against that. I'm not sure. But to have a license, do you have to have a physical address in each?

Yeah, you don't have to have a physical address in Beach to have a license. Okay. But because there I think there's a number of uh tour companies like uh can't remember the big black dance. I think there I think they have a license in Canon Beach, but they don't have a physical location here. Okay. They just operate in Can Beach. Yeah, I've seen them. What is the objection? I just want to know. I'm just trying to figure out I'm well I'm curious about what specific lensure would be requesting out of or certification out of an operator like what

that they'd be advanced ebike technician that they in other words they know about ebikes they can instruct people properly on how to use something ebikes are heavy

it's somebody so I'm sorry but then you're opening up a whole another can of worms that goes beyond ebikes, then the guy who wants to open a mechanic shop has to be a certified mechanic. Well, you don't have to be a mechanic to open a mechanic shop if you're hiring people. So, um, you know, you have to have a master baker on staff. You have to have all these certifications. I think you're opening up a can of worms that um is not something we want to go down in this ordinance. I do.

Well, would the requirements be of something like that be? I I haven't studied five the chapter 5 so I don't know when all I haven't is within within chapter 5 what the verbage is there but wouldn't that be the location for licensing and businesses and the requirements for that

well we're not going to have in any chapter of every type of business and what kind of license is required to to open that kind of business I'm just saying for ebikes it's a similar fix of requiring that somebody be certified or have an advanced certification. That's all. So, I don't see why that's such a big deal. I don't think it's opening a can of worms. I think has nothing to do with the mechanic shop or vapor shop or any of that. I think it's just it's just only gerine to this particular ordinance right now. So, could we ask Jody to weigh in on this? Jody, you have something you would like to say to us? Um, yes, you can require it. How you require it is a conversation we'll have to talk through because I assume it would have to be part of their business license application. Um and um if that was not approved, you'd have to you'd have to add some provisions to your uh business license code allowing for enforcement of that particular piece. Uh because right now I believe the license requirements are pretty much is if you have a license you submit an application and pay your fee, then you're fine. So, the code would have to get updated in order to enforce the provisions of this ebike ebike code. Does that make sense?

No. May or not? May it possible for us to take a roll call on where we all stand on passing this ordinance as it is? I I think we've accomplished the goals that we set up to accomplish and for them before us with with this. There's we've included the a whole bunch of extra stuff that I think is going to regulate them reasonable.

Okay. Read 12603 by title only an ordinance amending can beach municipal code chapters 10.08.010 definitions and 10.12.010 bicycle skateboards and emerging mobility devices. Is there any further discussion? No, I'm not I'm not I'm not I'm not comfortable going for it until we going to local. Are you stressing it still or not? So, yeah.

Okay. I I'm I'm fine with renting 10 ebikes, you know, as way this code is written. I would just like to see in case of future ebike renters coming in here that they would be certified the way Ian is. So that they would have a certified technician on staff. That's what I'd like to see. To instruct people on how to use the ebikes properly on on um instruct them how to take care of them uh not hurt themselves and not hurt others. That's what I'd like to see.

So are you comfortable with approving this ordinance and then working on the business license uh code? They have to have they have to be simultaneous success. Can I ask a question?

The certification technician certification what uh what what sort of information is required to require to acquire that certification? Is that a technical certification for repairs, maintenance and stuff like that? or is there the the other safety aspect the instructions and that you that you give to your clients? So yeah, no it is strictly I mean it's focused on the mechanics of the bikes. Um it's issued by a UBI which is United Bicycle Institute and there's other schools but there's just a few of them one of the most renowned schools for that in that business. Um, and it's essentially it's a two week program and then you got to pass tests at a 75 or 80% tax grade and uh we will be certified and it's frankly not an easy one to pass.

And how long is the certification valid? It's not particular. It's two weeks. It's not particularly long. No, the cert your How often do you have to renew? Oh, we don't there's no requirement to renew, but it does say on the certificate when you were certified. Okay. So if you were certified in 1990 and you went off and worked in I don't know as an attorney for 15 years, you're probably not haven't spent a whole lot of time. So that's one certification. Are there others? Well, then after that there are the manufacturers that have their own ebike um certifications to understand their ebikes and how to work on those.

So are we going to have to Yeah, that that that will get that will get more complicated from that point of view. um if we get into the manufacturer specific because they don't all have them and they're not all built equal. Some of them have very specific programs with certification. Is is there really one industry standard certification program? Not that I I mean other than the mechanics uh programs, you know, to learn how to do bike mechanic, advanced bike mechanics, uh wheel building, working on suspension and so on. Those are very specific programs. Other than that, there isn't like a an industrywide when it comes to ebikes. It's really kind of per manufacturer. I mean the program talks about ebikes because you know they're introducing that into the program but every manufacturer has their own way of building the bike. So the standards are different but those those certifications are not about how to necessarily how to use ebike. It's more about how to maintain it how to make sure you know check programming ebike and so

and to make sure they're safe that they're running properly. Yeah. Yeah. Well, part of that comes from the mechanical background because it most, you know, most of the ebike remains mechanical, but from from the wheels to the gears, that's all mechanical

when it does become a little different or electric is the motor and the battery. And then that's the part where the manufacturers want us to understand how to work on their the electric equipment. But when it comes to that, I don't I mean, don't quote me on this. Like, I'm not 100% sure, but I I can't really imagine scenario where the electrical components would make somebody get into trouble. I mean, they just they either fail unless unless I don't know the sensor stops working, but I've never heard of anything like they usually just don't real.

So, there's no real safety um there's no real kind of licensing that covers My understanding I thought what you said was that it covered safety as well but it doesn't. It's called business owner insurance and that's what insurance insurance is for safety and that's for the business owner to carry. Any bike insurance is not easy to is not easy to have. It's very there are limited numbers of insurers that actually provide it right now. And there's a big difference between a bike shop license a bike ebike rental sorry insurance and ebike rental insurance. It's a two two totally different animals.

Yeah. I I feel like we're worried about somebody coming to the town and uh and I'm not sure that that's Well, it might not happen and it might happen. No. I was just trying to I I'm looking at this town is becoming more and more popular as a tourist destination place. It's a place and people love to ride on, you know, ride bikes on the beach and and there's nothing we can do, you know. I mean, that's you're allowed to stop,

but there's anything we can do to stop a 100 bikes coming in a trailer from Portland. There's nothing we can do about that. And I think I think we have admired this ordinance more than enough. I hate this. Don't don't belittle my I am concerned about this. I've made it clear and that's all I'm going to say. I believe there's a motion on

there about the orders. There's one thing that I I understand where you're going with that that aspect, but there's the the limit on number of bikes is very tricky for a rental facility because there are certain models of bikes and brands where I can have five sizes for one model. So that means if I have 10 ebikes of one model, I have, you know, the extra small, small, medium, large, extra large just for one bike. And if a whole group comes and they're all large, then I only got one large bike. So that's that's a little bit of a and not that I plan to have a very big fleet to be honest with you. I just want to be able to rent them. But that that limit of 10 bikes is very would be tricky to to work

more limiting than probably what we were thinking about. Yeah. I think I think when it comes to like you're I think you're looking for some kind of common thread to I think insurance is the only common thread is the to the having a proper insurance to rent ebikes is the only thing that I can see because somebody can get operating a a rental facility and even and just have a a regular bike shop insurance which a lot of people do and they shouldn't in theory because they're not covered for with that with that insurance they're not covered cover for the kind of work that you buy rentals.

I'm not understanding how that requiring that certification is necessarily making anything safer. Yes. just think

and and I'm not clear that uh you know there are different certifications out there and I we're we're just kind of venturing into territory that uh I don't know I I also feel like we've we've made really good steps on this and we can modify it if we have problems. Not sure why we want to uh keep beating this up and send it back to the attorney. And

well, I don't know. I just I guess I just feel uncomfortable. I I can't I'd like to see some kind of um safety gap or or some kind of safety measure that would you know ensure that the owners are all as responsible as Ian because I do foresee in the future there's going to be a lot of bike but that that could very easily happen and I don't want to you know leave a a gap and I'm not sure how to fill it. I'd love to look into or to find out more information, you know.

Well, from what I understand, so it's not so much the ebikes, it's the volume of advice that you're talking about because ebikes, I mean, right now, you know, ebikes represent about 30 to 35% of the annual sales in ebikes uh in bikes in a year. And that's been growing at about 10 to 15% rate year annually. So in other words, the pedal bike is kind of slowly being pushed away by ebike. I don't know if we're going to go to that point where pedal bike is not going to exist anymore. Not because I learned about bikes, but um there is that that possibility where eventually we're just going to have access or mostly access to ebikes. Um, but I I don't I don't see for me as as a as a business that rents bicycle, I'm not so much concerned about renting ebikes more than I'm concerned about renting bicycles. Um, to me, it's just having, you know, the proper knowledge to operate the bikes and maintain the bikes. And as far as the ebikes goes, it's more for me it's for from a technical standpoint. It's more about maintenance for of ebikes that actually go on the beach. That's that's a new feature for me.

Yeah. Maintain maintaining bikes that go on beaches already uh has a learning curve put it this way. So ebikes are another I understand they don't need big man. So there's no reason I can keep my reservations and like I said before I wish that all I hope in the future all bike riders are like you you know very responsible and take care of the bikes and make sure that people understand how to use them etc. Sure.

I'm just worried about you know entrepreneurs. So you know you know we can go ahead. I mean I've said what I have to say. I don't have to vote yes. Doesn't matter. Okay. Any other discussions? We'll call vote please. Okay. I missed the motion. I didn't hear one either. I asked for a roll call. You asked for a roll call, but is All right. I to approve the first reading of ordinance number 2603. Sorry. Any further discussion?

Okay. Ordinance 2603, an ordinance amending permissible total factors 10.08.010 definitions and 10.12.01 bicycle skateboards and emerging mobility devices. If there's no further discussion, roll call, please. Councelor, yes. Councelor Haymon, yes. Councelor Hayes, yes. Council President Ker, no. Mayor N.

Yes. So it just moves on and now it moves on, right? So you can't do the second reading because you can only do the second reading if it's unanimous. So the informants will come back to another meeting to be voted on. So I can add it to next week's meeting and people can vote on it. Okay. Thank you very much. You still got to be for you.

Okay. Next on the agenda, we have resolution 267. All right, Mayor M and uh members of the council, the resolution before you is authorizing the execution delivery of the agreement of the hall with the Hollywood family trust with the purchase of the property known as eight stack hill. Um uh the uh our attorney Jodie is on the line. Uh Beth Holland is um in the audience and I also believe the sellers attorneys are on if you have any questions and I am here if you have any questions with regards to the agreement.

I move to approve resolution 2607 for the purpose of approving the purchase sale agreement with the Holland family trust for the purchase of the property stock. Second. Further discussion. Yeah, I have I'd like to bring up two things. One is I'm not understanding why the end of June is the is set as the date for this to be accomplished because that's really that's um what a m two months out and that seems like a short time to raise that much money.

Uh that was the closing date that the sellers asked for. Is there a I now now the one part in the agreement is that it can be mutually extended and um actually there is a presentation that follows right after this with regards to some potential grant which would actually come after the closing date. So there would have to be an extension of that time period to meet that grant. So I believe um that would have to be extended but

Okay. Uh, and the other question I had is we got an email tonight from Clay Ne who's uh very experienced in real estate transactions and um I he he raised some concerns about some language um regarding the closing date sellers delivery of documents and so I I wondered if Jody could address that. Oh, I don't know. Not Jerry. Then they turn I don't see anyone else on there.

Heather is uh Heather was unable to attend today's meeting. So, she gave Bruce the option of having me here instead because it sounds like um the Holland family, I'm not sure who that represents, but they're asking for it to move forward. I am here however I can be of an assistance. Heather did brief me that you know she um reviewed Clay's comments and most of his concerns um while duly noted they were terms negotiated by and between the city and the uh Holland family. And so the decision to move forward with the terms as is or if you want to go back to the negotiation table, that's ultimately city council's decision.

It it wasn't really a negotiation. This is the letter that came in late this afternoon. It's short. It was just one issue in it. And so I don't know if that's you saw that letter. It was with uh Jody, I'm sorry. It was with uh Clay brought up something with regard to the delivery of the documents timing.

Okay. There's a discrepancy between the language in section 3 closing date and section 5.1 sellers delivery of documents closing date uh is no later than June 30, 2026 and sellers delivery of documents. Buyer shall have 120 days after the effective date to review documents, make inspections, and otherwise satisfy itself that the condition of the property is satisfactory to it the due diligence period. So, what it sounds like to me is that this is this isn't something that's like, you know, um way out there or anything. It sounds like to me there's just some standard language that is maybe just needs to be tweaked because it's not the way these transactions usually go. That's that's all. I mean, I don't know. Is there a way for you to see this stuff?

I don't have it in my email. I might just It might got blocked by spam, but let me go pull up the latest and greatest version. As written, the buyer's contingency period could run past the closing date. And Jody, I just forwarded you the email. Me, too.

And page two or three is where he lists it out. So, is it to shorten the due diligence period or would we like to push out the closing date? Uh, whichever the option is, I can tell Heather that that needs to be updated. Well, I don't know which is better. I don't know which you need to come up. My attorney should I call him? Yeah. Please

I need to I need to call him in. He's got his hand up. Okay. Good evening, Larry. Can you hear me? Yes.

Okay. So, a couple of things. First of all, Clay's uh Thank you for all for giving me a chance to speak. Uh Clay's uh points were uh brought up and there were changes made to the contract uh by the city's attorney which we approved uh to incorporate some of his thoughts. Um, as far as the 120day issue with the closing date, that's actually to the benefit of the city because the due diligence would go into the closing and in theory the city could cancel all the way up to closing based on some due diligence issue. So, while I don't represent the city, it would be to your advantage to leave that as is for the benefit of discovering something that you didn't like about it all the way up to closing. Um, so I'm not sure that it's to your advantage to to adjust that, but if you want to, we can certainly have that discussion. Uh, as far as the closing date uh established, the main issue there is that the family wants to be able to if this doesn't happen to be able to figure out a strategy for marketing the property and getting it sold because they ultimately want it sold and transferred. And if it keeps dragging out, that's going to cause them harm. So, they want to keep the timeline as short as possible. Uh, obviously the parties can extend it if they see appropriate progress moving forward.

Larry, I'm Jody. I'm Hi, Jody. Reviewed it, but I'm here nonetheless. I think the issue isn't that uh they'll have the ability to um pull back up to the closing date. I think it's that way it's written there's a contradiction in there and that they could technically pull back after it's closed. And I don't think that we can technically allow that. And no, but that that would be waved by closing that condition would be waved. So that's the clarification I think that council needs.

Yeah. I mean that's that's just a natural contract term where you know it's not going to it's not going to extend past closing because it's a condition of closing. So if they close that condition is waved

which is why they need to decide if they want to extend closing or change. if they extended closing then then in theory the city would have additional time to wave that condition over the longer extended period of time if the parties mutually agreed to extend the closing date. So it's to the to from my perspective if I was representing the city I'd want to leave it alone only because it gives them an advantage to have more time for due diligence all the way up to closing and possibly through an extension of the closing date. Um, so but I don't represent the city, so I've only stating kind of just materialistically what it appears to be.

Well, I hear from our attorney if if if she's in agreement that this is to the city's advantage. So, I have a question. Can I just hear from her regarding that that might help the question?

Let's let's have Chody answer the question first. Uh my take is that I'd rather that the closing date not happen before due diligence because otherwise you're presuming or you're hoping that somebody will extend the closing date. But I I understand Larry's point say something. Well, that it basically with that due diligence date being 120 days, it gives them 60 days. They could extend for 60 days without having to go into a different contract extending the due diligence, right?

And that's what Larry was explaining and that's kind of normal in this kind of a real estate transaction. Mr. talking. Yeah. I mean, the due diligence is for the benefit of the city, right? Not for the benefit of the seller. Uh, let me ask this.

Now, 120 days. Let's pretend like this gets approved today. It puts us into August. Um, that is more than 30 days past the closing date. And I believe as written, it allows for one 30-day extension. So, if we could at least get those to line up, that would be my preference. I This is sort of unorthodox doing this over this negotiation over uh during a council meeting. So if if council prefers, we can kick this guy out another week and Heather should be back and she actually would be able to be he well virtually here in front of council at your next uh the 14th.

I mean I don't know what to say other than Heather vetted this and I certainly don't have a problem if the city wants to shorten the due diligence period. It's to my client's advantage. So, if the city wants to shorten that, I'm perfectly fine with that. Otherwise, if they decide if we raise the money and the city and everybody's ready to close, then the due diligence period would be waved by the closing. So, the whole 120day thing would be moved because we would be closed. They would have waved their conditions and said, "We're satisfied with the property. We're ready to close." And and then everybody would go to closing. big problem is is if they're in the middle of due diligence and it's June 30th, there's the problem.

But it's a precondition to closing. So if they don't wave it, we can't close. Okay, I see your point. But I am not going to tell council that uh Clay is wrong. I'm just going to say that you're right. the the or that he is right. Those terms contradict. But also Larry has a good point.

Can we amend the sales agreement to reflect this now? Well, I don't know what the is your attorney's opinion. Well, that the opinion is either we either do diligence or we extend the closing date on the line. He said he'd walk us through it gladly online has his hand raised by I don't I'd like to hear from him or I would not I I think that Clay has made I think that

again we I understand the trepidation here. I I do but I also believe that there is a motion on the floor and I would like to call that point of order. Well, I believe we're having a discussion now about there is a motion for but we are in discussion. So, I would like to hear from Clay because he might be able to shed some light on the best way to move forward. So, this discussion include members of the public are that's why I asked question.

Yeah. I don't because I I don't want to see I do not want to see this fall apart. I want desperately for this to go forward and I want to do it in a way that is right for the city and that our attorney feels comfortable with, not just forge ahead. And I'm not willing to, you know, just do it without knowing. That's not a good way to operate. I can only hold the motion down and then go back to discussion and bring in or we can

not bring people but you might have a suggestion where we can make this change and approve it and get it done and that's what I want to do. Me too. Or would it be better to just move it? I know. Well, if we could do it right now, it would be the vets because that gives them an extra week to raise the money. So, you know, I'd like to just listen to them. I don't care if it's 10 o'clock or 11 o'clock. I want to just take five minutes, you know, to do this.

For what? The longer that you delay signing it, presuming that you don't ask for closing date to change, uh, the shorter you're shrinking your due diligence period. Right. So that's if we could fix it tonight with just a slight change of language that you think sounds makes sense to you, Jody, then I would love like to do that. And the only way we can do that is to hear from Clay about what the fix would be, what he thinks the fix would be. See if you if agrees agree, and then we move forward. I would recommend that if they're willing to allow for an extension up to 90 days instead of 30 after closing, that would solve the problem.

You think that would solve the problem? It should. It will it should more than enough make up for that 120day difference. Yeah. Ask where it comes to. So, Mr. him. What do you how do you feel about that? This is people's court.

Well, I mean, she's correct that that would resolve the discrepancy, but I can't say for my client whether or not without talking to them that is something that they would be willing to do at this point. I know that they've been very adamant about having a closing date in the earlier part of the summer. The biggest problem is that when we set this up and we started negotiating this months and months and months ago, that date was was really a good date. And now, as we've gone quite a bit longer, uh it's become less of a sign, you it's become a more significant problem, let's put it that way, as far as dates. Um, so I think it's a matter of of uh I mean, my client I I guess I'd have to talk to them or I've texted my client, but uh from a realistic standpoint. Also, I would like to point out that the presentation that's coming right after me is with regards to the grant which will not even pay out until November or December,

right? Which is like another be way past the closing date that is currently on. So there will naturally be an extension I believe of the current closing date regardless. So if you agree to everything like that. So but that's if the grant was the grant has approved or all that stuff. So I mean the supplers don't get the grant or you know hope so but we don't know. We don't know

and we don't know how much will be for yeah we don't think this point will happen. So if we So Jody said is if we extended the closing date by a certain number of days. Is that right? Say it again. 90 days. 90 days. Extend the extension to 90 extension. that would solve the problem. Shorten the due diligence period.

Motion you could grant Bruce delegate delegated authority to um finalize the purchase sale agreement on your behalf subject to um both the Holland property individuals and Heather's agreement that 90 days is fine. Well, then you don't have to wait for another board meeting.

Okay. So, we did approve it subject to the uh in other words, we'd be trusting you, trusting Heather and the Hollands to finalize that period. So, it's a conditional condition of approval. I cannot agree to an extension up to 90 days. then come back in front of you. Okay, that would be that makes sense to me because then we don't have to wait till another council meeting to go through this. So in order to vote on the first motion that's on the table or can I withdraw it? I think I

you can withdraw it. I can withdraw my motion and restate it. Okay, second. Do we want to hear from

I don't think we should or anybody else but I guess obviously so I would hear my motion um and I would like to restate my motion. I move to approve resolution 26. I move to approve amended resolution 2607 for the purpose of approving the service agreement with the Holland family trucks for the purchase of the property known as Hay Stack Hill extending the extension from 30 to 90 days a You want to repeat the notion?

Yeah. Move to approve resolution 2607 for the purpose of approving the purchase/sell agreement with the Holland family trust for the purchase of the property known as Hback extending the extension from 30 to 90 days. Amending the extension. Amending the extension. Does that work, Jody? As amended, but yes, that's fine. Um, subject one more time. Popkin would like to speak. Yes. Okay. Did you second?

Yeah. Okay. Okay. Mr. Pockin. Oh, I didn't I I was trying to get a hold of Beth to respond to a text message from me. Yes. I'm I'm just looking for your input here. Um that's kind of an odd place to put it publicly. So um I'm sorry.

I think I think you got to respond to my text. I think u we got a commute to my text, but essentially I'll just say this that if you and the family are willing to change the uh extension period from a one-time period of 30 days to a one time period of 90 days. I think we could amend the contract at this meeting and probably have a motion to have it approved in full and not continue with having to negotiate and do it and then figure the rest out later. Okay. Thank you. Thank you. So, it's up to it's up to you to decide if you want to make that change tonight or or not make the change.

Yes. Yes. I'm okay. I'm I'm good as long as Larry's okay. I'm fine with that change. Any further discussion? Right. Well, so so you would have to change your motion to to or you'd have to change the contract term uh as it's written at this moment and then you could approve it with the change that would be made at this at the meeting. Sorry. Okay. So, we're going to go ahead and table the last motion. So, you're going to have two motions. One mot

is a motion to amend and then after I'm done here, just say so. Move. Motion to amend section three allowing for a one-time extension of the closing date up to 90 days. And so that's second. Any further discussion? Please call the role. Oh, sorry. I wanted to catch some Okay. So, Council Hayes, yes. Council President, yes. Council, yes. Council H. Yes.

May not. Yes. Great. Okay. Thank you. That's true. I'm sorry. We're not done. Thank you, everyone. Now, you approved the amended purchase sale agreement. which the motion was tabled. So, we're untabling that motion that I made earlier. I think you could just say as Okay, sure. So, the motion that I made amending. No, that

No, no, no. It's motion to approve as amended. That's the motion. Motion. So moved. Okay. Second. And that's of the purchase agreement. As amended. As amended. Yes. Okay. Any further discussion? Roll up, please. Councelor Hayes. Yes. Council President Ker. Yes. Council. Yes. Council. Yes. Yes.

Thank you very much, Jody. And thank you everyone. Appreciate it. Okay. So, next we have the um the L PPP grant. LGBT.

Okay. This was um proposed by Mike Morgan and councelor Kerr requested a presentation regarding LGP grant as an agenda. Thank you. And I'm Amber Fowler. Uh I'm Bob and I don't expect to say anything but I will

so purpose of putting this presentation obviously thank you for approving the um resolution for for agreement to get the property to become beach. this would be a fundraising component of that campaign to have the city be the person applying working um as you know Orca is the administrative sponsor for this project and so the idea would be that since Orca is running the fundraising aspect that the city could be a partner to apply have volunteer time to do grant writing which is a very I've done this grant writing actually before so Bob and I agreed that we'd work on it together And uh then the city would have the ability to go through review the grant. It basically is a million dollars. It's up to a million dollars that the city could get which could be put toward the purchase price of the Holland Hill property. Um and so the purpose of the grant is just sort of this little slide. I don't we don't need to waste anybody's time going through it. Just gives you a little background about what the grant is. uh talks about how the city of Can Beach would be the applicant. As I mentioned, Orca is the project fiscal administrator and then the process would be getting the approval from the city of Canon Beach to apply for the grant. Then grant writers would begin working on the grant. City of Canon Beach would then approve, look at that, review the grant before submission. And then you'd have a wait period obviously between where OPRD would decide yes or you are they wanting to fund this. it's a perfect candidate for this brand. Like this property of this transaction is sort of what it was design like one of the main reasons why it was designed. So I think that there would be kind of a great recommendation to do it for that purpose. Um, I know that I worked on a Historia grant with

Mike Morgan a few years ago to uh upgrade the Riverwalk signage and the Riverwalk there and it was a very quick turnaround and it was a great grant to write and very successful in the sense that it accomplished the sort of handicap and all of that. So, I know this grant and um and I think that it's a a really wonderful addition to the fundraising and could really boost it along, especially if you got more, you know, 500,000 to a million dollars for it. So, I guess that the question is we just want to put it in front of the city and say, will you support this proposal and and let the fundraising commence? And it would it would cost the city any money and it would not the only thing that would you come up was it would time the time to review the branch.

Sure. And signed off on it has to come from a municipality. That's right. Okay. So there is a match. The match component would be taken care of by fundraising in excess of the amount that they got awarded. We don't I I haven't we don't know right now we do one at a time. So we have not had that city

city of canon beach has not seen that but right now the city of canon beach is whatever this loan or this grant is there requires a 20% match. So is that required from the city? Don't know would it be the fundraising portion could be don't know but there is a 20% match that is a requirement for yes that's correct so we would need to have an what's that there would have to be I would assume there would have to be some sort and there is um the state of the program will accept they will accept money from any donor so it can be that money the m that math that % component.

That's right. Um they will accept it from any um source. So it wouldn't have to be from the city of Canon Beach. Although in the event that that match wasn't able to be if there was if that donor fell through Sure. Um I would like to think that um that 20% of whatever that grant is up to $200,000, right? Because the the grant could be up to a million. That's right. So if you look at that $200,000 mark, that's a small price to pay for the city to pay for that property

if it came to that. Right. And then the the $1 million also qualifies as a what they call a large grant. And a large grant requires a presentation. So it's not just an application, it's also a presentation. So I'm assuming that city staff would have to do that. But yeah, I did that for the city of the story wouldn't mind and that we acted as their le on behalf of it. He did it for story. So if you did it for storage, she'd probably do it for us, I would assume. Do do we know what Scott time would be required to review and accepting going back and forth? I haven't I haven't

But how much staff time did it take

with the city of Atoria to go over the application? I'd have to ask bike because I don't it wasn't that I mean I think that when you're familiar with the grant and you know the language of it and you have a relationship with the center at OKRD it's pretty easy to just call up and say hey can you review this can you make sure I mean they have we attended a webinar a couple weeks ago about all the criteria and the qualifications for the grant which I can share with you guys there's a PowerPoint slide I can share with the city with the council and it just shows all the pieces that are needed all the checklist pieces and I think you'd follow the same protocol when you looked at the grant. Are all the pieces there? Is everything here? You'd go through it. You'd make sure that you know there's the only thing that you're asking for is an acquisition of land. So, it's not as complicated as the sales agreement or anything like that.

Well, there I'm assuming there would be some commitment. I mean, there's there's some some allocation of some sort. What do you mean by obligation? There would be an obligate there would be an obligation for what the city spent the money on right there. We're being obligated for something. So it would have to go toward that. Yeah. And what what what would be the use of it? That kind of thing. So there would have to be some kind of obligation. So there would be Oh yeah, that would be covered in the criteria. So it would it would specifically say as if you're getting a million dollar

to do as a question. So hypothetically fundraising did not achieve its goal um but at the same time the grant was awarded what happens to the city's obligation to that grant as the city being the applicant for it the whole the whole thing falls apart to that yeah what happens to the money what happens what's the city's requirement if that money you would have to say that you didn't complete it if you pulled it out And the money just goes back. No penalties because you wouldn't be able to hold it up.

Yeah, you wouldn't be able to spend it. But I wasn't sure penalties associated with receiving having the kick back. So I think we need more information before we make a decision. Sure. I can send you the webinar that they gave and it just showed the criteria like the due diligence basically or the grant. What does the timing of this look like? It's due on the 5th. when does it when do they actually make the awards? Um, you know, I can't speak for what their exact timing is right now, but I would say that in past history, it happened within, you know, a few months, like five, six months. So, that would be after the closing part.

Yeah. Yeah, that's right. So on the the LGP website, the the uh timing is you put the grant in at this point in time. It then the presentations happen I believe in September. Yes. Then the award happens around November and then your checks would come shortly thereafter that. So sometime like December, January. That's right. So that's the five six month time,

but I'll send you the So I I guess I'm confused with June 30th plus 90 days how that gets to the date of awarding the funds that needed to be here prior to closing. So the way I understand it, the way I understand the project is that there are soft circle people that are already interested in contributing to the project. This would augment and get them to the finish line. But the money would but so that's the thing though is that the way that the the way that they're sales agreement is written is that they can e on the sales agreement they can each wave to extend.

Okay. So, if you know that you've applied to a grant by June 6th, which is before the closing date, the family can say, "We're applying to this grant. We've gotten X amount of our fundraising done, and we'll feel comfortable extending." Good. That makes sense. And I have a question um about the grant writing itself. Has that um process started? No. Um should it start? So, Oh, yeah. So, yeah. So if we decided to move forward then it could just be it would basically be written and we could move forward.

I I don't see the risk to the city of moving forward really. I mean I can't understand what it would be at this point because of their volunteering to write the Thank you. We're not under any obligation that I could tell. I think that, you know, to Eric's point, it just may be seeing something that says you can give it back and you don't and we're not going to keep your money. I don't think you'd be able to receive it because the property wouldn't be owned by the cities. I agree. But right, but you know, forgettable. Yeah. Yeah.

Waiting for I think the memor memorandum of understanding would work really well, too. get all this stuffed out. But I just like to see them start working on a brand. Well, they're volunteering so they can do what they want. Yeah. Seriously. I'll give you my list. Um but I I put it on next week's agenda after you've given us more information. I don't know if we can get anou. Yeah. Yeah. Okay. Yeah. We intend to do one. I'm sure those

Yeah. by the time you do the application. By the time you the Okay. So, everybody okay with that? So, are you confused? Yeah. I'm confused. Is it on next week or no? No. Well, yeah. I think after we we had a chance to get more information and we should have a further short discussion. Can we have it earlier in the agenda? That's just a sest. This is an unusually month. Not usually like this. Sometimes it's worse like this.

Before you guys Okay, so everybody understand what we're doing? Yeah. Jen, you okay? Yeah. Okay. Okay. Moving right. We're on. I know. All right. Now you're off, Paul. I'm off. And you cannot tell any officers on the beach and gas. So just don't show up in the

Good evening. Thank you. And I will only do two. really anything more information. So the first and second slide will be okay. Uh mayor not members of council didn't have to do the audit is CPA. He is our audience. Audience

and he is here to do the 20 425 audit report and take it away Paul. All right. Auditor's responsibilities. So many of you heard this before even though we draft the statements for you. That's technically a non audit function and and he's saying our opinion our opinion is all we're really responsible for in statements. And when we say in the statements so everybody knows when we say there's no material errors in the statements that means that somebody to read the statements to make a decision we're not saying there's no errors we're saying there's no errors big enough to change the opinion I think I told you this once before I had a client said don't be accountable you can't afford audit for account all very expensive no significant findings no significant difficulties encountered during the audit No corrected or unreacted misstatements. No disagreements with management or audit issues. Management signs of representation letter. Basically saying you didn't keep two sets of books. Show me one people in the closet takes about five pages to say that now. So that letter grows every year as auditing changes. Now there are no otherware audit management then consult with other auditors about audit related issues. No, they're finding the issues and they once again you're subject to the same act because you had that loan for the water facility, right? Water was passed many years ago was auditing back in those days and was passed by Congress obviously backed by by Congress and it additional layers once you get a certain amount of federal dollars and spending. We get additional layers auditing require we have to do the same law. Next one, Oregon minimum standards. There's some things we have to do as offers in the

state of Oregon to check by state law deposit public funds. You can put your money in any bank you want to with the 200 and credit unions up to $250,000. After that, they have to be on a list that the state treasurer approves. So, and you don't have anybody you bank with. There's debt limits written in the code. You're nowhere close to your debt limit. That's a percentage of your real market value as determined by the county. Not your assessed value, your real market value. You have to test the budget to make sure it mass correctly. Make sure they're published correctly. We actually have to look at your insurance certificate to make sure you have insurance. The only thing that you have really seriously funded from outside source is the single audit which is tested by single auto. You have to make sure you're using your highway user money with gas tax is what it is that state has to do with you on certain things you can spend on mostly roadless basically you can only spend it on roadless laws requiring what you can and cannot invest your money in. There's no issues with that. And we also have to take a sample of the bids you put out during the year and make sure you basically follow the rules you set forth in accepting the bid. Any questions? Again, I'm going to talk about anything else. Got a couple other slides where we wait. Why do we take so long?

Why did it take so long? I had a couple problems. be particularly you really want to know a story that's a little bit of a story but I woke up Christmas day I couldn't hear anything I had pneumonia and swimmers ear couldn't work basically the whole month of January so that really hurt my productivity but you're feeling better now I'm doing better now happen again next year I'm not going to pneumonia you again swims the same You didn't hear all of our meeting. You were able to hear it. Now I am. Yeah. On Christmas day, I haven't found my wife to shout me, so I couldn't.

Oh, wow.

That's a great day to learn. I hope it's one one thing I I typically um I'm a CPA and the financial statements are incredibly hard to read. So, what I typically like to focus on for um uh for uh council, if you want to really hit the highlights and try not to read the entire statement, just really read the MDNA. Uh check the um uh the change in fund balance and then read the notes where you can uh skip the pension note though because that one even I can't get through. And so um and then when you read those that will actually give you a really good idea of where we are financially and how we've done for the year and you'll look and see that again we didn't have any major findings. We had well we had no findings this year. Uh overall we're in a really good financial position. We had no budget uh violations and so um it was it's really we're in a good financial position. You have a wonderful, wonderful financial staff, me excluded, but the rest of your the rest of your team, the rest of your team are absolute superstars. So, Ron, Duncan, Misa, Natasha, um they're just they're absolutely fantastic and they're worth every centa. So anyway, it's uh you just have a great

I don't know if you can't sleep at night read that pension pension notes really really hard really. So does anybody have any questions? I do.

Okay. Okay. So I I just noticed on page 45 it said these financial statements leave out all pending lawsuits or say that they're immaterial to the budget. We going to let Well, what we say is well, our generic lawsuit put you have an insurance and you any any pending lawsuit is potentially we we do send an attorney a letter to your attorney and they respond to us and we look at it and there's a dollar limit we set on it. But there's always going to be that that's a generic footnote that all auditors put in. We're not aware of any lawsuits right now and they're not they're not material.

It doesn't mean no existence but no really it doesn't mean much. Okay. Some some auditor got sued at one point in time and this is the results. And the other question I have, you might not be the right answer this, but do you know what percentage of cities in Oregon have a double A bond rating or higher? I think most of the ones I deal with have that they do. Yeah. But there's certain cities I deal with. Yeah. It's not. It's actually a uh the percentage that

so AAA is there's like there's only like 10 AAA's and double A's is a little higher. um we probably would be closer to a trip AAA because of our actual fund balances but because of our actual revenue sources because it's based on tourism and tourism is um is why we are a doublea uh is more geared for two but from a fund balance and cash standpoint we would be more geared we' be more geared toward

you are unique I'm sorry take longer than I thought in all respect you're one of the few governments I've seen where property taxes isn't their biggest source of revenue and yours is room tax. Yeah, it's very a lot of a lot of governments. Any other question? 611 I think you're what's that 60 59 something room tax and opposed to 10 or 11 in tax is what audit said. Okay. Any other questions?

Just one more question. So I'm just I'm always asking this and I just want to see what your answer is. What do you think is the percentage of of um working capital you should have in your bank account in case of a emergency about that? He can my slide is something I developed years ago. I haven't been doing this since I got out of college in ' 83. I've been a government auditor. My bottom end three I call it cash or fund balance. Three months April 3 months I think you're in trouble. I also had a top end if you get up to like nine months which I had government one time happen this happened and they were funded primarily by property taxes the voters are like you've got 9 months worth of cash like they did on him why you still tax on a propert that's just me personally that's big

three months to nine months and would depend on the community I mean this community for example yeah we'd be cut off from all the communities if we not property tax too deal with right and I think it's also um fund specific right it's more so you can't like look at the entire city and say if you had three months across the entire city it's really more I usually just do the general fund yeah but if you did you know when you also look at your utility fund there's a requirement etc what you call it that's all state. Yeah, roads fire road funds would have a different bond.

So, it's not good to have a bunch of tax money collectives that earn. You know, I have done this for 40 plus years and at one time I was working on they got like a year's worth of cash and finally the voters are like, why do you have a year's worth of cash on hand? What are you going to do with it? They're a tennis court. That's what they did. Okay, any other questions? Move to approve the city of Canon Beach financial statements and supplemental information for the year ended June 30, 2025 with independent auditor's report. Second.

Any further discussion? Okay. Roll call, please. P. Council President K. Yes. Oer. Yes. Councelor H. Yes. Councelor Hayes. Yes. They're not. Yes. Okay. Thank you so much.

If you're on time, if you're on time to get your audit report in this year, you'll be off of the agenda. That's what I told. That's exactly what I told him. Mayor, I don't want to loan you again. Terrible. Okay. Thank you. Okay. Okay, next on the agenda, we have uh three people uh for two vacancies on the budget committee. And um do we have anybody still with us?

Yeah. Is there anybody on Zoom? None of the candidates. Who need?

Okay. Okay. So, we have three um applicants. Is there anybody wishing to make a motion, please? I move to a point. Hold on. We usually vote. Oh, robot. And you need to say and then are we going to have any discussion? So, right.

Okay. Have the discussion first.

Would anybody like to discuss the candidates? Well, I would like I I think that um Mrs. Avalon or I call her D, but Dor has um is a retired CPA uh and she has been a lot in the community. She's been very involved in rivalry. So, she has some kind of um civic commitment. And I also want to say that Amber Bard also has displayed a lot of civic methods. She said she she sentenced to I think was on public works committee and has been very um active in the community. Uh Mr. Shoe member on the other hand is um I haven't seen him involved in any of the um any kind of uh life up until now. I don't know. I I his um background is in real estate or finance. I I just think that we're super lucky to have both as candidates. Yeah. So I I I promise. So I agree. Amber looks like he is on me that thing. I don't know. I don't know Eric. Never met any one of them. I was going entirely big on the application. Um, Eric's application was pretty wellrounded in terms of providing information like intentions and stuff like that, but also kind of just said if I have a scope of so I I don't know. I think your skill is quite like

it's it's entirely possible, but I I'm just bas based on their the applications there was a lot missing from that and without them here to say anything. I I do know she's hired CPA. I know that she's been active in the community as has her husband very much. Who is Charles Withers? Oh, yeah. Well, it's Charles. and she she is um retired CPA

and if Eric walked in here right now I would have known who he was absolutely never met Eric so on picture of him online being rescued by the fire department first so without them present you feel like we can vote I'm asking the counselors we usually do don't I think I think most of them

and I you know with with um Mr. Um he has a 20 year career plus year career in finance at Las Vegas. Uh and he's also an attorney. So and he's you know managing funds that I think that I just feel that I follow up here. Um councelor Oander that I just feel like this application was a little more wellrounded and I I think all three applicants I think are

definitely qualified and would be an asset to this.

Yeah. And I just I I'm very I'm influenced a lot by what kind of civic commitment they've had up till now uh rather than just all this and and to tell you Mr. from his background rather than encouraging the actual discouragement being involved with a Los Angeles based real estate agent or agency and all that. That doesn't turn me on personally, but that's fine. I just think that I I have nothing against Mr. Shoemaker. I don't know. I've never met him. But I have met Doie and I have met a eminently qualified. And this is a committee that meets

four, five times a year, right? And I think that sometimes it's good to engage people in in letting them take their walk through the door of civic engagement. So you have to start somewhere. Um I don't see the budget committee as a starting point, though. Well, it has extremely influential for the city and I think it's something that you earn. Well, and and a career in finance is something that you can't refute. I mean, you can, but you live here, too.

So, does anybody What about him? Yeah. I don't know him personally. Um, I think I've met him once. I don't know. This other person, I don't know her at all. So I would say maybe acquaintance with Mr. Shoemaker. She lives in town and she works at the library. Volunteers at the library. So she's been here for seven years.

I'm ready to book everybody else. Okay. Roll. Okay. So this will be for the We have two agencies. So we'll do one and then we'll do the other. So this would be the first vacancy that we would want to build. Councelor Oaker Amber Councelor H. Amber Fowler Council President Ker Amber Mayor Amber. Okay. Got one bill. All right. Let's do the other one and then we can do a motion and add. Okay. Councelor Herald

I'm sorry I missed Council President Kirk Dy.

Okay. Okay. So, the motion would be made for Amber and Amber. Anybody like to make the motion? I move to include these Dy and Amber U as new members of the budget committee. Second. Beginning immediately. Beginning immediately. Okay. Any further discussion? Okay. Roll call, please. Councelor Hay. Yes. Councelor Her. Yes. Councelor. Yes. Hannah. Yes. Mayor. Yes. Okay. Thank you. And we have a whole bunch of comm.

We do. That's kind of hasn't happened for long. Good job. Okay. Uh next we have a discussion. It's a shorter discussion on zoning ordinance amendments and notice requirements. Yeah. No football.

Even I couldn't take that. Hey, so this I was asked by you guys on March 5th to or asked Missy regarding u the ability to amend the zoning ordinance changes especially the housing that have come through as they've already made their way through the planning commission. she responded with the um email and hopefully you all had a chance to read that so I won't uh go into that but really what it boiled down to is yes you have the ability to do that but if you think it's going to be a some significant one it's always good to go out on further notice so I think that she just reiterates

okay so so amendments the level of amendments that we've been discussing has been brought forward by the the community to the proposal that's on the table are we don't have to do a new measure 56. We don't have to do a new pop of review. We don't have to do any of that stuff. It's just notify them, right?

And then potentially just hold an additional. So we will be coming to you that all the 28th of the housing and then we're going to discuss more about the code rewrite on the well if you may and so in either of those also you know we will talk about this again but you know she just wants you to know that you have the ability to change it and then it's up to you guys to decide well let's you These are significant. Let's do a measure 56 and renotice. Doesn't mean you have to go all the way back to starting at planning commission again. So that's where we're at with that. And I think everything we've kind of discussed at least so far, you know, even if we want to extend say the public benefits or some of those types of things and put more language in there, you know, unless you're really making a major intent change or purpose change with some of those things, you're likely pretty comfortable making those kind of changes because you've already noticed those. And Jeff, at the next at the next meeting, housing meeting, you'll have a list of available city property and what the constraints are.

Part of the discussion. Okay. Any other questions? Thank you for drawing. I had to hear the auditor making a joke. Okay. Anybody have questions on monthly status reports? You've been busy. I don't know. They're busy. Yeah. Yeah.

Okay. I have nothing for beta communications. Anybody have anything for counselor communications?

Well, yeah. We had a um oh we we had a a talking with the counselors last Wednesday and a big issue that came up that was discussed was um the restriping and and marking of parking and and uh it was suggested that at the same time we should be the uh there was a lot of concern about safety on escurts and that there could be additional signage and and striking and use the per uh bike lane by pedestrian lane which is really kind of you know as well as the other struggling that's supposed to take place and there was this fairly strong uh outbreak for that would you say

uh yes a couple of things I'm striking that seem to make sense project coming up. Uh were they things that we could add to the straping project? One of them was the bike lane on the as herbs. Well, there there was some sheriff stuff in the tsp about that, right? striping in the S-curves with the the what they call the sher the um bike in the lane on the is that stuff that could get included in that same

they're talking about the putting the are you talking about they would they'd like to see are those you know the the pavement markings bike lane like indicate that well because there's not enough it's not technically wide enough be a bike lane but instead they do the share that's in in the would indicating you're sharing sharing, right? And that would also help with the parking. Yeah. And the other one was crosswalks in Midtown. There's really no crosswalks between

what first and presidential. Yeah. First and next month's galler. Yeah. Yeah. So, that would be a really good thing to include in the string. And one that would make sense would be Monroe where maybe it's just me, but that's the out the exit of the nature trail. If you go west then as one. I don't know if there should be another one, but

maybe by the se right there. Hold on. Let me start put

So, I didn't think it would change the scope so much that we need to be concerned about that. But if we need to adjust if it's going to budget more than you know the other part of that it doesn't have have to do with striping. Lisa mentioned the uh signage and that's probably some kind of signage coming up as curves from toana kind of warning

pedestrians on the road. There there's there's some confusing signs that exist that could that could be clarified like rather than more signs that I feel like there could be a changing of the signs that are there because I feel like there there's some there's one there's a sign for abrupt edge there's there's a bunch of additional signs to I felt like there was a whole bunch of and you can't read them all. I have not assessed it but there's probably something that is something to look at. I agree. Good. Okay. So, that was the most that was the thing that was discussed the most at that meeting.

I'd say that was the bulk of the conversation and I think some altitude. I just got city on the tree. Yeah. There was that too. And what was the attendance? It was a little better. Okay. Best ever. Well, the best ever for the best since the new rule was which I'm hoping is going to be descended and we'll be able to be on Zoom again. Yeah, I mean uh record again. Yeah. Okay. Anything else for you or

No, I Well, no people I mean I was tasked with starting to research the drunk. There's nothing to discuss. I just included two jurisdictions. one, you know, certain cities in California and New York City was makes sense if you think about flying a drone there. But anyway, I guess you could, but so I I don't it doesn't seem to me that there's as much as much zone uh drone drone regulation as I would have anticipated, but I'm going to look further. Okay. Thank you very much.

Anything else for the viewer? Uh I real quick I had a concern that was great. I mean I noticed that on the city's Facebook pages it seems like we're using whoever's posting some is in some instances using people's photos without their permission without their express permission. There was uh somebody commented on a number of McCarthy's posts saying hey that's my picture. I didn't tell any it was it was in the bulletin and then it looked like hing generative AI images and I'm feel very ethically opposed to generative AI.

I thought one of those images that the comments were made about was actually in the elk presentation and it's credited by somebody else. So I think she might not I'm just saying she I'm making sure following appropriate photo editing stuff for that and then for AI using AI especially city stuff we have was bigger than

Yeah, I think like that picture what that controversy was about and it's credited to somebody else. Oh, I I didn't see it in that document, but it was credited in the bulletin, but but I think just uh respecting copyright is a good thing. Yeah.