City Council - Regular Meeting

Good evening. I'd like to welcome everyone to the city council work session special meeting of Tuesday, May 12th. Um, call the meeting to order. And before approval of the agenda, I would like to add an item in the special meeting section. An action item motion related to the city manager. I move to approve the agenda as amended. Second. All in favor? Yes. Yes. Yeah. Okay. Before we have public comment, um I would like to have a moment of silence for a community member that has passed away, um Blake Newer. And so if everyone could join me in a moment of silence, please.

Okay. Thank you. Uh so we'll start with public comment. If you'd like to make public comment, um, please raise your hand when you come to the podium. Uh, say your mailing address. Keep it under three minutes of kind and respectful public comment. Is there anyone in the audience? at Hill Pill Box 19, Canon Beach 9710. I attended the fire department meeting yesterday and wanted to uh provide a few of the comments that I provided there and talk about those briefly. Um we now have

okay everybody can hear them too. Thank you. Um we uh there is now an initiative underway political action group to do grading for views all animal safety and um we had a discussion yesterday in the public comments at the fire department meeting. We have people surfing and swimming in the ocean here who sometimes drank rescuing. They sometimes illegally climb rocks. They fall or need get get stranded, need a rescue. We have off leash dogs illegally and catastrophic catastrophically injuring people to the point that they require sins of rehab or are never able to walk on the beach again. We also had illegally off leash dogs falling off course necessitating expensive rescues and permanent alter in many cases that that pet's life these are all fired rescues they are not rescues related to people walking on dings and I do not consider walking on dings part of canon beach safe sometimes I wish that people to see what I see on the beach. And there are real safety issues out there, but not unethical, dishonest representations of safety issues. Sometimes I want to ask people to have a helicopter and speed out. I don't think that even raining from the disguise can stop king tides or the power of the ocean. I have long been an under advocate of

the safety for people's deaths and wildlife and doing grading to be able to look out your window to see the ocean does nothing to promote canopy safely. Thank you. And whatever Diana Turner says. Is there anyone else in the audience?

Andrew 664. I want to talk about the elk from the elk marketing proper. Um to start with the news. There may be a new herd from the north end. Uh a few days ago I saw a young buck with little horns and about three uh younger I don't know what they call s cows for long. So that's that's there maybe a new herd. Um so I want to talk a little bit about I have some experience with this sort of thing. I for a couple years I was HR's communications coordinator and part of that job other than teaching was to try to change behaviors whether it was you know illegal poaching or walking on the rock or you know all the things that we have uh that we don't want done in our marine reserve. Um and there was some people had in the organization had this idea that if we could just post more and if we could just post better on social media uh that behavior these illegal or adverse behavior would stop and I came to this conclusion that that's not how it works. Social media is a self- selection. We all create our ways and and that's now more where we get our news, where we get our social media, people who don't care about the environment, uh the people who trash the environment, choppers for a better word, who are just going to cut through it, aren't going to follow these environmental feeds. They're not going to consume this media. It's not going to change their behavior. And that's a big part of this proposal. And I wonder I'd like to know how much we're paying for it. Uh I I wonder if this is really a wide way to spend money. Uh but the thing and then so we're talking about educating people who come here. But let's talk about also what this plan does for residents.

It doesn't when I ride my bike home from work and the elk are sculping around the schoolyard and I have to cross the bridge where we are. That doesn't help. We all in this room know what to do around it all. We don't need a plan to it. It it doesn't a plan doesn't or you know a social media campaign doesn't change if I turn a corner and there's an outbreak behind the bush. You know, the uh social media plan will not bring back my friend's dog who was trampled by L. The social media plan or signage or whatever will not keep people from doing dangerous things on Highway 101 around the roundabout when they see L. This is not a solution. It feels like a giveaway from Mark.

Thank you. Anybody else in the audience? Okay. Okay. Is there anyone online that would like to make public comment? If you raise your hand, please. Go ahead, Diana.

Hello everyone. Uh, good evening, Mayor Kn and council. I am Diana Turner, PO Box 211, Canon Beach, and I am speaking on behalf of the Friends of the Dunes. Because my comments last week were unclear to some, I want to clearly state our position. We strongly oppose the Tim Ramy and Tommy Theerbacked pack ballot initiative. Just as Tim Ramy and Tommy theer misled the fire district about the nature of their video project, they are also misleading this community about the true purpose and impacts of their initiative. If there is any doubt remaining that they misled the fire department, let me read you this email sent on February 17th from Tommy Theer to Chief Recman. Hi Mark, it's Tommy theer and Canon Beach. I hope you're doing well. I know you've spoken with Tim Ramy about the shortformational film we're producing on the continued growth and accumulation of sand on areas of Canon Beach, particularly how it's affecting beach access, public safety, and the long-term health of the shoreline. Unfortunately, this led to the lieutenant participating in their polit political packed video uh for their initiative. And when Remy and Fyer did not remove the the lieutenant or excuse me, when they did remove the lieutenant finally from the video, they showed their willingness to continue to mislead the community for their political gains by replacing that footage with a photo of the department submerged truck, turning an unfortunate once in 30 years event into an opportunity to scare the community into thinking they are unsafe. Why? Because that's what they have to do

in order to start bulldozing our dunes once again. As Chapman Point is deed restricted from dune graded for views. This initiative's approach also serves other oceanfront homeowners who saw how unpopular with the community bulldozing the dunes for their views was. If you read their initiative, you will see that it would require the dunes to remain in a near constant state of bulldozing and construction in order to achieve its true goals of creating shorter dunes and expanded ocean views. This initiative threatens all of our coastal resilience as the dunes are our safety. They are our first line of defense against the ocean. They also provide wildlife habitat, carbon storage, beauty and recreation for everyone. We believe the community will see this Trojan horse for what it is and vote no. Thank you.

Thank you. Anybody else? [clears throat] Go ahead, Betty.

Hi everyone. This is Betty Garin. uh PO Box 137, Canon Beach. I am going to unfortunately say some of the things that Diana just said, but I totally agree with what she said and the first speaker said. Um there's been so much talk about the dunes over the years and we've come to the conclusions we have in Canon Beach through scientific study and many many many meetings. So, I don't really see I do think it's a Trojan horse and I feel like the only protection we do have from climate change is to create a strong dune system. And the way we do that is to build on the dunes we have and not destroy them and their integrity. So, I'm just going to keep this short and just encourage you all to um be strong and keep keep our dunes um growing the [clears throat] way nature create created them rather than what man would like to do for their own um selfish gains. Thanks so much.

Thank you. Anybody else? Okay. Anybody else in the audience? And we'll last time anybody on Zoom. Okay, thank you everyone. Okay, so the first um items on our agenda are discussion items and the first is the dispensment about the health marketing plan.

Mayor not members of the council. Um on the zoom right now is James Reyes. He is with Murdy Media who we have contracted with to help develop um the uh EL marketing campaign. So he is here to talk uh through that with you and then answer any questions that you may have. So uh James, I'm going to let you take it away.

Hello, my name is James Reyes and as team mentioned, I'm the owner of Birdie Media Marketing Agency. I actually have the pleasure of working with the Chamber of Commerce around two years ago in in a different campaign and I'm here today to talk about the L campaign and what we are looking to implement uh at the end of this month. I will present my screen real quick here and because this is a a lengthy document the strategy campaign I will try to just do a higher overview of the of the campaign as when we were talking with the with the city one of the one one of the issues that we all know what are happening in beach are the elks getting are extremely comfortable with the across the city and and and amongst the individuals that live there and also the visitors that are visiting Canon Beach have no idea of how to behave around them. I can tell you that the first time that I went to Canon, I noticed I was driving around and I was stopped by uh by some someone else and I actually went outside and took a couple of photos because as a photographer that's an a great opportunity, but the how to behave around the around elks is something that we are trying to bring with this campaign. This is an educational campaign where we are trying to affect the behavior of individuals that go go to cannon. Yes, the locals know how to behave around them, but also the locals will get comfortable around elks. I actually have the opportunity

while I was shooting one of the videos um with Eric and and Gary last week see a local just walking by by an elk on a park and just stopping saying hi to me and the like three elks were behind them and two of those elks have babies that I learned that day this is the time when they are the most dangerous by [clears throat] one of uh members that we did the interview. So what we are trying to to resolve here is to reduce the risk on injuries that people might have and also avoid the stress and danger to wildlife. These action are necessary because unsafe behavior become normalized. Visitors lack the guidance of proper conduct. The city is forced to reactivate to reactivate measure measures rather than preventions. What we did in this campaign and I'm coming from a very touristic country. Um, I'm Caribbean, live in America for years now. And something that I learned uh growing up coming from a touristic country is that the locals need to give the examples when you are having visitors coming to to your town. Reason why this campaign have two messages. One is we respect wildlife here and the second one is too close is too late. Stay back, stay safe. This one is will target more visitors rather than local individuals. That's why it's more um the the approach is more pronounced. It's more aggressive. Uh and we are just clearly explained in

the danger that if you go too close to an elk, it can be too late. The campaign timeline uh we are looking to launch by end of next week hopefully hopefully before Memorial Day. And the idea is to have not just a digital campaign but also a traditional and print media campaign where we are going to reach the local community through posters and stickers and print material that will be sent directly to all the houses in Canon by the city and also with the help of the uh the the chamber and other city individuals. We're going to have we're going to be displaying the poster on every business. The idea of this is showing non locals how this all the city is embracing these social this campaign education so they know how to behave around elks. These are some of the photos uh of the that we take during the production. last week. We are shooting uh four interviews and out of those four interviews we're going to produce six videos and they are very self-explanatory the first two because they are just giving instruction to they're giving instruction to uh viewers what they need to do when they're around elks and what also not to do. We all know that take a a canon is beautiful. Everybody wants to take photos. But the idea is that when they need to take a photo, they know how to do it. That's also that's also something that we show

on those videos. Okay, you need to take a photo, this is how you do it. You are having your dog with you and want to walk around town, this is also how you do it. These are some of the marketing material that will be printed and distributed. This is a this is the the poster. And as you can see, it shows clearly how much space you need to leave between an elk and and and you and also other things that you should be considering around elks. Not feed them, not give them food. Keep your dog on a leech. Stay alert. Um and those are two examples of the stickers that will be distributed. Uh we produce uh four stickers and what is great about the stickers is it's a evergreen h marketing material that people stick it on a water bottle and that can live there for years. So this message should still keep keep running not just for this season but for the next ones. This campaign will be run uh targeting visitors through social media plat the platform will be Facebook, Instagram, YouTube and potentially Tik Tok. What we're looking to do is before a visitor come to Canon, they will see the ads. That's our ambition. If someone is planning on coming or they're on their way or they're already in the city, show them the videos and the and the content that we produced through digital platforms and also they will have the reinforcement on seeing the same material or similar material about the campaign in the local businesses. The expected impact that we we are

looking to have is reducing safe interaction with between elks between people and elks. Establish a clear behavior expectations for visitors, reinforce community standard among residents, and provide reusable assets for future seasons. Um as I said the main goal of this campaign and we understand this is not a an issue that will be resolved in two days. So the main erh the main approach that we did was to creating evergreen material so we can use it year after years in the city. Any questions? Anybody have any questions?

So what's the distribution plan for these marketing materials? So we have some physical media and then we have digital media. What what's the plan for especially digital media? You mean for the digital? Yeah.

Uh for the digital what there are multiple things that we're looking to do. First we are sending uh we are sending the designs through um the I think team you called the bills uh when someone is subscribed to get them bills uh online uh through the city like the water bill. We are sending the designs through with that bill. Um also we are looking to promote all these marketing materials through social media as well. Every single design will have a QR code and when someone scan the QR code they can go to the the city website where we are building a dedicated page that have all the information about about the about the campaign. For traditional, um, we are looking to send directly to every business a small pack with a stickers, flyers, and a poster so they can display their support. And some of the posts that we have for social media will mention uh something along the lines, hey, go to your favorite favorite business at Canon or go to the city hall and get your sticker for free. show your support to wildlife.

Um, will will you be distributing this material to all the uh STR the short-term rental companies and the hotels as well? I imagine we can reach out to them. Uh, the idea is that every every resident and every Pobot uh will will get would get the same materials. The idea is that every business in the area get it. But I'm talking about when people check into a hotel or check into a short-term rental, will the information be provided to them? Okay.

Upon so because they're they're guests here. Most people stay in hotels and short-term rentals are just here, you know, temporarily. They're visitors. So that seems to me a good way to get the word out to them. That's a great idea. The hotels were included as they are part of uh the business uh the businesses of Canon short rentals. We will need to see how we can we can uh distribute it to them directly. Um and definitely that's a great idea that we should add. Um because if show rentals uh yeah they they have a quite a bit of people that don't go to hotels and use them and we can see how we can provide like a stickers or the flyers uh for each location.

Well, and with the with the short-term rentals, the the rental agencies are businesses in our community. Good. So they would all get I would they would like to think that they would get enough flyers that they could put in their book that sits on the coffee table just like the hotels will I'm sure that's probably what the hotels will do too. and we we're going through the ready to go through the business license process again. So those

and um with the social media, I would assume that you're going to share that with the chamber um and have them post it on their chamber website as well as their experience Canon Beach. um if a business that has a good following or even doesn't really have much of a following in Canon Beach um wanted to get that information and post it on their social media, could they get that or would it be a share only option? And um I mean we've got, you know, we've got Protect Cannon Beach, we have iHeart Cannon Beach, we've got, you know, there's a there's a quite a few um out there that have a fairly decent following.

So I think it's important to get that information to those people so they can post it as well if there's interest.

Yeah. Ideally when we uh when we post the social the the social media uh when we do this post on social media we will communicate with businesses and and again organizations that have a a larger following so they can also repost the same posts. Um we already are coordinated with the chamber and they will be sharing for the businesses within their newsletters the same flyers that we are we are creating. So there's already a a a conversation going on with a with a chamber where they will have a stickers because they receive a lot of visitors especially during the weekend that stop there to to learn where to go. How many stickers do you anticipate printing?

How much are you going to have for freezing demand? I can give them out like crazy, you know, like crazy. So, what's the total spend on this contract? So right now the contract of hurting media for the world thing is 14,100 and then we have printed cost plus we'll have additional cost depending on the actual uh uh social media hits. So, we'll have some additional cost beyond that

and if we get good hits, if we I don't know how many followers the the city has, but um it might not be a bad idea to it's especially on Facebook, but to look into monetizing um that way you can get a little money back. I don't know how many followers

it's it's really it's really hard to monetize these type of videos. Um because you will need to have a a and I think you you mentioned it you you will need to have a large following to do something something like that. Um it's actually more of the opposite where we will be the one uh paying meta so that message can be spread and the local businesses and pages are vital for this campaign. That's why the approach is that the locals support the campaign and show how to behave and you know post the repost the post that we are going to we're going to do through the city and also show the stickers and the flyers uh within their businesses and and um and their social media. And the thing to Andrew said, um, talking about this campaign and I think I it's going to take a lot of different things to it's just elk in a lot of different ways. Um, and your little north end you heard was in my backyard in Midtown today. So, um, they are young and and there are three.

And I I can't remember what I maybe you said this way. I'm sure you did. I keep figuring it out. But there was some talk about regulations uh just, you know, just like we have a regulation against feeding wild animals, having regulations against getting too close to or harassing the elk like we saw right out this window last week. And when when is that on the weekend? The gene work session. The gene work session. Gene work session. Okay. I just probably write it down this time. Is there any budget from the ad spend that you've or not you've given your public?

Yeah, I think we all know that this isn't going to

be a solution. Uh it's hard to um it's all stupid sometimes and you can't reach everybody. Um you know, hopefully this campaign does reach some people. Uh, I'll tell you it's not just a business problem, but people locally uh could learn to behave better as well. Uh, [clears throat] I mean, I've seen some examples recently of someone who continued [clears throat] to have their dog approach elk who charged uh several times and instead of going away, uh, it it almost felt like they were training the elk to be aggressive and that's the kind of behavior that we're seeing. Yes, we were interrupted by a meeting, our meeting here with um family [clears throat] inside the tennis court and the elk was right outside the tennis court and essentially the kids were taunting the elk who was charging just to me it's like okay we are now teaching elk to charge children. Uh so there's there's a lot of education. This isn't going to help it all. Uh but it's something

and it is being financed by TP funds, right? What's that? It is being financed by Right. And what do you anticipate the ad spend being? That I don't know yet. Do you don't have any kind of budget, any kind of idea? Um I believe it was around seven grand but that was the so but I don't know till we start see and the ad spend is what it's pre-roll stuff or what's that one the finance guy not the marketing guy so [laughter] handling that

that's for the that's for meta but uh and then we're going to get a bit on the we have still have to get the printing costs maybe James has the question are we looking at paid paid social or we're looking at producing uh pre-roll. What's what's the paid portion of this? I believe that's the paid social is to pay social.

Yeah, it's to pay social media is a paid advertisement and will be uh there are two ways that that money get uh get charged to to the account. One is per view if someone watch the the video a certain amount of time and it's a higher cost when they click the ad and go to the website and and read. We're initially targeting three months uh for the for the initial campaign. Um, and we we're looking to see this 3 months or what results we get.

Okay. Any other questions? Um, so printing cost of the stickers, you don't have a target of total stickers for the first run of prints in the first runs or anything? Not yet. [clears throat] How much, James, how much does a um campaign I don't know if you've done anything maybe similar to this where you've had print, you've had um what are you thinking it might run depending on I know [clears throat] that Can you repeat the question? Sorry.

Um print costs. How much do print cost for a campaign like this? How much could they run or what kind of budget would you try and think you could stay within?

Brings are going to be handled uh by the city uh with local with local local vendors and is the poster are are going to be the poster and flyers are actually going to be the cheapest thing to do. Um, unfortunately I don't have a a a number. Um, but it will it won't be more than like $2,000 just posters and and and in and flyers. The things are the stickers because if I see free stickers uh we do this with other we have done this with other campaigns and uh visitors love a stickers and this is great uh because then they show show the love for the campaign but the stickers will be mostly the the most import expensive portion of of the printing material. I can tell you that for sure. Those run what anywhere from probably 30 to 60 cents a piece depending on how many you buy

is it goes by volume. We developed initially we escoped two designs but we ended up doing four. Again, stickers are so easy to to like um and we end up uh quoting for designing for and it will depend even if we send 10 per business uh we are looking in a in a couple of thousands and 10 is not even 10 10 is 10 10 stickers and 10 is not even even much for for business. I mean, yeah, that's nothing. It's basic [clears throat] basically not even sending them if you're sending intending to get in people's hands.

I mean, I need like 2500 and they'll be gone. It also depends. Some businesses like a lawyer office, an accountant, they don't need that many stickers and that many flyers. Um, a hotel, a hotel would definitely need one. need more. Are the downtown businesses too? Mhm. So, you're probably looking at a couple thunderstorms.

Yeah. I mean, you got to make an impact, but you want to see everybody walk in with a that sticker on your water bottle. or

the the sticker design that you proposed. You said there's two other designs that aren't in the packet, but uh is this the the roll stickers or is this the the vinyl die cut that's that you guys typically do or what are these the little stickers that are super cheap or like the ones that are over like water? Ideal ideal would be D cuts because you the one on rolls that are not very efficient to to distribute and those one are a little bit more expensive um but they are easy to to distribute and just to show real quick here this is what we're envisioning this is just a mockup um just so people can have their stickers in in in different locations and those are the other stickers that we actually created for for the campaign.

And the stickers the stickers that you're showing there are but they're not all going to be like huge. No, no, that was just a mockup. They're actually going to be most likely 3 by3. Oh, perfect. It has to be. And that's and that's the biggest one that we we should we I I I recommend go because you want to have you want to be big enough so you can read the message but that is still can be placed on a water bottle. That is the most standard location for a sticker in a car.

I think this campaign is you know doing some good things. Uh if I had to critique anything, which I usually do with marketing campaigns, uh there would be two things that uh I don't think are stressed enough. Uh we say keep dogs away, but really the message is no, we say keep dogs leashed, which uh we really need to keep dogs at least farther away than recommended normal viewing. uh keeping a dog leashed doesn't necessarily, you know, solve uh uh the whole getting too close and and that's one of the major issues. Uh and the other people approaching the females with young calves uh too closely. U so I don't I don't really see that stuff addressed in the campaign. So I'm just throwing that out there for as we move forward with this. um some of the the key things that people really need to be aware of.

Yeah, I think all I'm sorry, go ahead.

Oh, no, no, you're good. You're good. Uh there is an interview uh that we we produced with an with a a local expert for wildlife and she mentioned she spoke quite a bit about uh quite a bit about it. erh that when you see a baby elk or a young elk, you should be aware that they tend to be more aggressive, the the the the mom. And we are producing a a separate video just for that because we noticed that that was something that she uh is stress a lot about about to so so we can put that message out.

Right. If I was if I was more of a professional, I could have added a little bit more uh about the whole dog thing, but uh that's really where I feel threatened most. Regarding the dogs and the leech, this is going to be a this is going to be a hard one to to to accomplish. Don't work with your dog. What? four bosses away. Five bosses away from an elk. Yeah. No, I I don't have an answer for you. I'm just telling you what what the real problems are.

And I was just going to say that I think, you know, no people don't like to chastise other people in public. You know, it's just But I think it's everyone's responsibility who understands the elk situation. If you see somebody approaching too close or feeding an elf out of their car to intervene, to say something to them, I know Gary tried to say something to the woman out there and she rolled her eyes. you you know which is forunately the police chief was back room. But then even the police chief went out there and then he had to come back in and go downstairs and go down there and actually physically talk to them because they weren't and who are you to tell me what to do with.

So you're always going to run into those people just like people climbing on the rock or harvesting muscles off the rock when it happens. You know, there's always the jerks around who going, you know, and if I wasn't if I wasn't in a council meeting, I probably could have done a better job at saying, "Hey, it's not they didn't want to listen. They did, but it wasn't your fault. We tried." But I think everyone has to try. At least try to intervene when you see behavior that's, you know, jeopardizes the safety of all of us. And our dog community actually does a good job of warning warning you when you're going in direction like hey just well your dog my dog doesn't even notice.

So they may as well be car.

This is why we created multiple post and in in marketing material mentioning we respect Y life here just to let visitors know how they should behave around. And there are posts and and content that is related to that that will be will be put out as well. But completely agree if you see someone getting into a unsafe behavior around elks uh better to to approach it right there and and and let them uh and and let them know that it's dangerous. It can be too late if the animal decide to to charge. Okay. Any [clears throat] other questions? Okay. All right. Thank you. Thank you.

Thanks, J. Thank you. Thanks, J. Okay. Next, we have public contracts.

Thank you, Mayor of the Council. Uh a little background. Uh several public works on hall contracts were executed late last year. After reviewing the contracts, public works has identified several proposed changes summarized below to discuss with council prior to returning with the individual contract amendments for formal adoption. A summary of the proposed changes include the following. Uh the first item is to revise incorrect effective dates identified in attachment A. Uh the second would be to establish the time period associated with the annual not to exceed amounts to begin on July 1 and end June 30 of each year to coincide with the city's fiscal year. The third item would be to increase annual amounts for janitorial excavation and flail mowing contracts for the attachment. A summary of the annual amounts paid in previous years to these contractors is included as attachment B for reference. And the fourth item would be to include labor, equipment, and unit rates as a revised exhibit in the contract. Uh the recommendation is to discuss the proposed on call contract changes. Um if we go to attachment E, you can see the list of the on call contracts that have been established. uh the type the name of the contractor that was successfully awarded for contractors. Um the next column is the annual not to exceed amount. Um the contract terms are stated there. These contracts are meant to uh go for five years and then can be renewed for five and then renewed another five for a total of 15 years. Um you can see the fully executed date, the effective date and the needs extension by date. So the items in red are the ones that um we've identified that the effective date of the contract was

incorrect. Um some of them as you can see have already expired technically. Um so that's hopefully an easy fix there. Again for all of the contracts we're ask asking that the annual not to exceed time period begin July 1 to June 30 to coincide with our fiscal year which will really help with budgeting for these contracts every year. Um and then there are a few like I mentioned Thorenson Bob Mchuan uh Thorenson for low mowing and affordable uh that we've we've gone through the uh the annual not to exceed amounts are simply insufficient um uh based on what we have done for prior years. Um so we're asking for those to be increased. Any questions?

Can you tell us? I mean I just the increases some of them were really large. Correct. Um some even double, you know. So why triple? So why why is it? Could you go through each one of them? Bob, showen and uh the mowing and AF tell us why they're that much more expensive.

Sure. Um so janitorial, we can start there. Um as you can see in the prior years, we've spent 146, 156, 191, 235. So it just keeps going up. And yet our our the not to exceed amount was established at 185 which wouldn't have worked in you know two years ago. Um and so yes the amount that that we're asking it to be increased is um a lot and that's to just raise that ceiling up. Um so we're not a staffing but we're not revisiting this item every year. Um the the lawyer's interpretation of these on call contracts is that if I want to increase the contract by even $1 each year, I would need to come back to council in order to do so. Um because it's uh you know I we can execute a contract that's under $100,000 without council approval. But since the totals of all of these are already over well technically not fully mowing again increasing it by even $1 would require us to come back. So that's why I've asked for higher annual not to exceed amounts knowing that I won't be touching those not to exceed amounts or many years into the future probably by when a renewal would be due. So the the purpose of bumping those up so high is that we hopefully aren't revisiting this um every single year. Now the lawyers have told me it can be whatever you guys would like. We could instead of bumping it up that high, the amendment could say something like um you know each year in the uh March April time frame I visit with each of these contractors and we establish what we think we're going to do next year. Uh so if there was like an appropriate percentage that uh public works can increase those contracts each year, then we wouldn't have to have such a high ceiling at the time. But the way that I've written this right now is that the idea is to raise the ceiling high enough

that I don't need to come to you every single year in order to increase 10,000 20,000 30,000 more dollars. But if that's not intent, you can change it. Sorry. I thought that we put a provision in that contract for a percentage increase each year. apparently. No, there's there's a very generic statement that says each year public works will sit with the contractors [clears throat] and establish what the budget will be for the next year, but it doesn't say anything in terms of how much we exceed. What's that? Nothing about how that affects the not to exceed.

Correct. Yeah. And again, based on my conversation with Ashley, it took a while to get there, but I was like, if I want to increase these contracts even by a very nominal amount each year, which is expected due to fuel costs, laboring costs, all those things, I would need to return back to council. And I believe that one of one of the reasons that the on call contracts were established was to prevent writing uh additional contracts. Like janitorial is a good example. I'm brushing up against my not to exceed number already. So, I would need to write them additional contracts uh just this year in order to continue to take out the garbage in the trash. So, again, that's that's why I aim high. Uh again, this is just a contract amount. I still haven't have the budget in order to do so, but we can do it any way you would like. whether we increase them higher so that we know we're going to go multiple years without ever rushing up against that not to exceed amount or we can put in a an allowable percentage to increase each year. But regardless, some of the contracts are janitorial is it it was just inadequate from the get-go. Um the the excavation contracts, you can see that they're sporadic. Some years we'll spend $100,000, some years we'll spend $352,000 with them depending on how much storm drainage stuff, pipe breaks we have, etc. So that's why I've increased those again high. The idea is we hopefully will not be spending this not to exceed amount for some time. And again, I would have to have the budget as approved by budget committee to get there.

Um Jody, could we put something in there? [clears throat] something about that ties around CPI. I mean, that would help. Um, I mean, yeah, you could treat it kind of like a lease. I mean, if you have a lease for a property and your rent goes up every year, you I don't

sure I'm not familiar enough with whether or not these contracts are set up so that Chris has to issue a work order. Um, but if if that's how it's set up, then I don't know that that a increase by CPI is necessarily needed because the amount of the work is going to be the amount of the work. All that will change is that he'll just the amount that he'll have to work with will shrink because the contracts are that much more expensive. If that makes sense. So you can do it however you'd like, but I don't know if CPI would give it enough of a boost to sort of make a difference.

Driven, it looks like to me. I would agree. And yeah, they're they're very much they're on call for a reason. You know, we have a tree fall into a building. I need an excavator there, you know, so it's hard to predict those types of things. So confining it to a CVI might be difficult, but at a minimum we would want to true them up to even be adequate for the next fiscal year.

I I think I I would for things like loing and janitorial those they're on they're on call contracts. It's not generally like suddenly we have a big project with water and break something like that for those two contracts. I would I would feel more comfortable having that tied to a average percentage increase over the last couple of years. It looks like it was a 20 like it was 20 22% increase over the last two years and then the year before that it was not nearly as much but like those more that percentage increase because it's the number of garbage cans isn't changing by sub substantial number. the number of bathrooms that they're cleaning and cleaning by a substantial number.

Well, except for the new PD and city hall. Yeah. And I mean, we like starting off larger to make sure we're accommodating that portion and then building in the next few years, that percentage increase into that contract. I I understand what you're saying with the excavation, but it's it is literally all in place. [clears throat]

All the way down as low as 70,000 for one of them, 40,000 for one of them. if we're not feeling comfortable with again that my my thought was to to set it at a high enough bar that we don't have to revisit this all the time but if you'd like me to revise the proposed not to exceed amounts to to um comfortably cover us for the next fiscal year and then we can address whether there's a percentage of a 10% or a 15% increase that can be made um each each year again we can we can do [clears throat] this a number a couple of ways, but as as you can tell, one of the things that I'm running up against is well incorrect effective dates. So, we're technically out of compliance with the contract right now. Uh inadequate amounts probably can't go. So, something will need to change.

The whole idea of this was we didn't have to revisit it every year. Right. Right. So,

I can have Sorry, got to go. I can have Ashley um propose a a statement that would be included that would have that like acceptable amount of an increase um that would not require council approval each year. I can I can have her come up with some language there. Um, but it would be good to have some form of a consensus or understanding because the the idea would be to take this information and draft those formal amendments for each of these nine or 10 contracts. Um, have them half executed and at our next June meeting uh be able to uh get a resolution uh to approve all of them. So this will all start July 1, 2026.

Yes. I'm good with that. I mean, it makes the most sense. So, we don't so we aren't sitting here having the same conversation next year

and you can carry on with you can do your job. So, if I get if I had it my way, I would I would go with the the higher proposed amounts um because again, I have I have to have the budget in order to even do it. Um, so it's not like I can just go spend next year 325 on janitorial, nor do I think I will at all. I know I won't. Um, but yeah, in the coming years we will get closer to that threshold, then we can revisit it. Do you do you know where we're at for this year's spend so far on janitori? I don't have that number for you, but like like I said, I know we're not going to make it through summer.

Well, [clears throat] we didn't last year, right? Yeah. Yeah. Yeah. We're getting from the year before. Yeah. We're getting really close. And the the effective date that you're looking at January 1 to December 31 is the the effective date of these current contracts specifically. Yeah. So Jan janitorial uh Yeah. So its effective date was in ' 06 which just was an error obviously. So it it expired in 2011 even though we executed them earlier this last year. Um those were done in November or something, right? Yeah, November, December. So they had weird

they were just Yeah, they just had incorrect effective dates and sorry where I was getting but that is the current annual not to exceed amount based on the contracts is from date of execution for the following calendar year. So it makes it very difficult for me uh because not only do I need so for janitorial that 185,000 that I can spend takes us out technically till November or December of 2026 which is the next question. So that's another big one that we need to have correct. So that's just the these are basically major housekeeping correct. I'm doing a major housekeeping overhaul of the long contracts and we did that we did that right before Karen retired. Right. I mean, she

I think it's one of the last paintings that she was. Yeah, I'm completely I'm completely fine with this. I might like to hear from the finance manager and see if he's cool with it. Unless you've already talked to him, Chris, I did. I read I read all his fine tim I kind of had a feeling that was the case. So, thumbs up from the back of the room. Yeah, because we still have the governor of the budget to keep us in that just we just want to be within, you know, contractual right and just be in our [clears throat] right contract. Yeah, I think I think you recommendations.

Excellent. Any other questions or discussion? Okay. Thank you. Thank you so much.

Thanks. I appreciate that.

Okay. Well, this is already different than last year's utility presentation because nobody's trying to burn me an effort. Fantastic. Um, it's a good day. [laughter]

Um, okay. So, um, I'm here to, um, um, bring forward the utility rate recommendations um for 2627. [clears throat] And uh just spoiler alert, I pulled up right up front what we're looking for in um water is a 3% increase. Wastewater is a 5% increase and 0% in the storm drain. Um the big change that we're looking that and we'll present in the budget on Thursday is we're looking to do a transfer from the general fund into the wastewater fund. And that's [clears throat] about 1.7 million. And the big reason for that is we cover a large amount of the capital projects and $500,000 uh for rate offsets. Uh if you go to the next one. So here you will see what the rate impacts will be. So essentially it will take the for the 3/4 in um 3/4 in meter it will take the current uh total uh minimum from 8563 uh to 8856 um and again it'll be at 35 recommendation is 35 and zero. Next one. [clears throat] So you'll see the estimated uh utility income statement. Again, water is still well funded. One of the reasons I'm asking for the 3% really is because in 2728 is when the debt payments for phase 3 and 3A will be coming online and I don't want to have to jack up the price to meet those. So we'll be able to use fund balance and be able to keep it still at probably around the 3%. Uh again, wastewater um I've mentioned I think when I presented back in September

uh were a little uh upside down and I believe the transfer from the general fund uh will be able to help uh rightsize that and our budget and utilities on Thursday. We will be presenting the uh 2627 budget uh and that shows where we will have a projected ending fund balance around 465. It'll be a little different than that because we're going to probably start a little lower ending fund balance in wastewater. Uh but I think overall we're going to be in relatively good shape. Again, storm drain not asking for any increase. we have sufficient fund balance in that uh where we will at some point in time I'm not looking actually for any major increase in storm grain for a while until we begin a major capital program whenever that comes online then I believe we would have to start uh increasing at that rate but right now I believe we have sufficient funding going forward for the foreseeable future uh wastewater issues issues. Again, I explained this I think back in September. Typically, wastewater utility is much more expensive to run than a water utility and that's just because it requires additional FTE, chemicals, more power, etc. Um, so theoretically, wastewater should be bringing in more revenue than the water utility currently. If not, uh, we do have some large capital projects coming online, but as I said, doing we're recommending the general fund transfer u in 26 to 27 believe that will stabilize the fund for the foreseeable future. Um, and I believe for for the most part our operational um issues [clears throat]

until of course some other things come online. But again, right now my recommendation um if whatever happens uh with any litigation windows [clears throat] probably be depending on timing probably be that we would look for general fund help offset those costs to help uh not have to jack up the utility rates as desperately. And then uh let's see. Yes. And basically the rate projected conclusions um we're projecting right now water rates probably 0 to 3% to 2031. Um this can be impacted if there are additional capital needs. So if the we need to do additional um pipe replacement not really seeing that right now but if something were to happen then that could impact that. It does include the um uh the debt from phases 1, 2, 3, and 3A. So with the sufficient um in the fund that we have now that we should be able to kind of eve into that as the uh payments come online. So we shouldn't see big spikes. Again, wastewater looking probably at 5% a year through 2029. uh and as I mentioned um general fund would look for uh the transfer from 26 27 and then as I mentioned was brand and that's it I guess rate recommendations as I said earlier just to repeat water increase 3% that means the U 400 cubic feet increases 34.14 additional 100 cubic feet goes from 1183 to 1218 wast water uh 400 cubic feet from 3875

to 4069 uh per additional 100 cubic feet goes 969 to 1017 then storm water no increase for 2627 and that would be the recommendation again today is just for questions if you want any additional information we'll bring the rates back in the form of the master fee schedule on June 2nd that that any so um in the last when did when were the new meters when did we have our first increase? Was it three years ago?

Uh actually so including this new rate our rates will have increased 29% in four years. Yeah, they were in 24 and I guess it's 24 in uh January of 24 it went up uh 23%. [clears throat] Right. And that was because there was no raise for years, right? Because the council didn't the councils previous councils did not want to raise the rates.

So they just didn't and which is fine. there's every just step and I understand that adjustment but then we're looking at you know another 5% or 5 to 8% next year and we're looking at another 5 to 8% the year after that and there comes a point where you have to say enough's enough when do when do you stop when do you stop raising rates? um you know, is there is there a program for um the members of our community that are on SSI, they're living in a legacy home, um because there are people here that don't have gobs of money. Um is there a program that they can tap into to help them offset the cost of their utility bills? If there isn't, I think there should because the rate, I mean, that 20 or 30 or $40 a month can go a long way in a lot of other places. I mean, especially with gas, it's $6 a gallon. So, I don't know. I just [clears throat] you can just take that as commentary. Part of the I mean part of the issue that we run into here is that my costs are are between just materials and services, capital and personnel is going to go up, but my growth here is basically flat. So, I don't have really anything to help offset those cost increases outside of just rates are going up. And that that is a that is a balance, right? Uh so the only other

thing to do is if you're trying to keep the rate down would be to substit. Now, we don't have a program currently for um like income or anything like that. I believe like uh Portland had done. So there we could look into creating something like that. See what

I I think we should definitely look at the something some sort of program can mirror what other what other communities have that help help stabilize the utility costs for those that need more stabilization than that. Was it like like uh like we were saying we haven't prior to the big giant massive jumps in 23 and 24 there wasn't really increases for years. So we're behind the eightball and we can't really afford to not increase rates in order to pay for all the giant projects that been accomplished. But we also can't afford to screw over our residents that can't afford

fixes for things and then all of a sudden, you know, that $20 or $30 or whatever go around the wrong way. Um yeah, you also got to re also remember that you know you're going to increase at 3%. Also people's social security increases by 3%. You know he is the cost of you know what I mean? So it's not it's not that right but as soon as it's reflected

it just doesn't feel good to me that as soon as somebody gets something somebody else takes away that doesn't feel good to me and that's just so looking at some kind of an assistance program would be something

that's by June 2nd and just going to throw this out. Yeah. Um but while we're talking about rates and I'll bring it up probably later, but um Shwood has a similar situation that they had up at El and we need to look at getting them a rebate and adjusting their range like going forward adjusting how that

I don't know how It's has the same pipe size issue that they had up at El Creek. Um, it's a little different, my understanding is, but it's they're one inch or something like that per So, it's each one is bigger. I'm not 100%. It's it's like each building receives a single feed and it's split between each unit as a technically one unit. No, it's a it's not like the it's not like a big six. Yeah, it's not

and it's not as much of an adjustment as it was for, you know, it shouldn't be looking at probably 30 grand. Oh yeah, we shouldn't be compromising.

Okay. Anything else?

Okay. [laughter] All right. So closely. [laughter]

So yeah. So la because the reason I wanted to I wanted to do the the rates will be adopted in the master fee schedule which is what I'm talking about next but last year we kind of rolled it in together. So I want to talk about rates and then talk master fee schedule. So master fee schedule again will adopt it on June 2nd. Um this is uh there are no major changes in this except for two and that is again the uh utility rates which we just discussed and the second one is SDC's. So those really the only two rate changes SDC's are um essentially going up or recommended to go up uh 2.6%. Um I had effective lids 2.6 6 2.59 2.57 um at each for sewer water storm water and parks uh SDC's and so that means an increase in sewer SDC's of 139 water SDC's increase of 58 storm water SDC increase of 12 and parks SDC increase of 32 is the recommendation and those are the only ch and then of course the water rate changes water wastewater and storm rate changes. Everything else the rates are the same.

Are we not already charging enough? What's that? In SDC's, are we charging enough? Um, are we not already charging more?

Not sure how to answer that question. So my my comment to follow up on that same question is [clears throat] the we use used SS once in this last we we had a proposal Chris brought two months ago to use SEC's to offset a a project. So we've used So we've used that's not so but we've used SDC's three times total and so sewer water and storm water were all implemented in January of 22 parks and 23 we've used sewer SDC's [clears throat] twice uh roughly 27,025 and 8726 and then water SDC once in uh 26 for $9,387. We have had no spend in storm water. We've had no spend in farms. The current balances in sewer is 189,000. Current balance in water is 100,000. I'm just rounding. And current balance storm water 55,000. Current balance in parks is 40,000. And when we used those um

the first two were one was in the 27,000 was in 2025 and then in for sewer was 2025 and then also in 2026 or 87 and then in water uh 9387 and 2026. So why would we raise rates if we have money and we're really not it's not really being used in this case? That is a very fair question.

I just don't think it's necessary to rate I don't think it's necessary to add that 2.6%. And like I so I understand in general other communities have SDCPs place larger cities have have these SDC's because they have growth because they have building they have a typically a substantial amount of construction happening new new homes new businesses all that stuff going in. So it builds funds in that SDC to usable levels in relatively short amounts of time over a year over two years. you get usable amounts in that. We don't have a substantial amount of construction that happens that pays STC fees. So, we don't build those funds very quickly to a usable amount anyway. So, it just seems like we just add an additional fee to construction that doesn't isn't end ending up being usable by the city in a reasonable amount of time. It takes many many years for us to build up a usable amount in the SDC thing, but yet we're impacting people that are trying to build like ADUs and stuff like that in a negative way. But

well, that's the biggest problem. The $10,000 and a fee for somebody to build something is substantially more impactful than $10,000 that the city receives. It doesn't do anything to accomplishing a project really. Our projects are all much much larger than that. The gonna be addressed separately and there that part of the proposal is to wave a lot of them. I I think that just straight up across the board in in this we should have ADUs on already developed properties aren't subject to SEC's. Like I think that should be in the rate schedule part of the code change that's been proposed by um

I don't think you need to wait for the code change. You just put that in in the rate schedule. an additional line that ADUs are not subject on an already developed property. ADUs are not subject to SDC fees. You've already developed property. Provided provided. It's it's a give back though. It's what it is is to encourage people to build ADUs and long-term rent them to make more housing, you know, workforce housing, etc. And so there is a there this is one of the givebacks, you know, uh it's an incentive to build an ADU,

but the people that want to build an ADU on their home to live in it so they can live the last part of their life there can't get a fee reduced because they're not going to be making it a long-term rental. So that that isn't I don't I don't I understand the argument. I don't agree with that [clears throat] for any Well, is there no why why are you suggest why was there suggestions of the raising

the that is just essentially what the code says we so we have the beginning of January we can raise the there's a formula that we and that is what has happened in the past so there wasn't a financial justification for no in general if there's there's a little bit of growth, then there's a little bit of extra amount. It's, you know, and we're sitting here talking about how uh how we don't want to raise rates. Uh but let's you know, eliminate that uh source. Uh but we can't use this money. I only use this for expanding capacity.

So, we're not using the money. So, why raise the rate if we're not even using the money? And when we are expanding capacity, we're expanding substantial capacity and it's it has covered a couple of shortfalls, right? Essentially negligible amounts of money. So we try to moratorum for one year and see if there's any with no raise. No no and see what the impact is. And I think the ADU unit is a completely separate issue. It is.

So you're saying not have SDC's for an entire year for anybody even if they're building a$2 million house in the ocean front. Not doing the 2.6%. The rate just not having any increase for no money on the increase for a year. So we the masterpiece schedule will keep the 2526 S3. Yeah, that sense.

And I'm going to back up a little bit because I do agree with Eric that it could be as simple as a line item on the ADUs, but we're going to discuss that in the conversation. I all connection fees and stuff that still makes sense but SD SDC's running so unit equivalents 5400 29 4297 478 and 1260 all that together to pay for an AU on a lot that's already developed negligably increasing total usage if it's another if it's a rental on the on the same exact property. The law's already developed and and you're charging somebody to build an AV that five six seven eight n 10 almost $10,000. I just I just feel like that's

service already going there. I understand connection because those there's a whole bunch of stuff that doesn't cover any of that stuff. That stuff's covered separately and also separately. It covers SDC do not cover that. It doesn't cover connection. You connect a set rate 350,400 and 47 or 453 for just connection. And then in addition to connection, you're also charging an additional $10,000 just because essentially just because in this case you would say yeah for any. Yeah. for a $500,000 home.

That was example square feet. You were given 500 500 half a million dollar AD just an example. Yeah. Yeah. So, but that's about what are they what are they cost now? I'm sure 250 $300,000 for 600 for a 600 foot ADU. That's about what you're going to per Yeah. which is a lot a lot more than 200. [clears throat]

I don't want to priority. Anybody else? Okay. So, I'll come back to you on a second. Okay. Thank you. Thank you. I hate to give away. We're not. What's that? We're not using it. We're just collecting it in which is not bad. I think it is. It's very bad for us to collect money and not use it. Well, at some point

when you give money now, you don't charge. No, it's the same thing. That's very disrespectful. I'd rather you not refer to us as children. I'm sorry. Sorry.

Um, so I'm going to close the work session and open the special meeting. And first on the agenda is the public hearing. This is a hearing uh regarding the appeal by Michael Shelton of AA number 2601 in administrative bill of the city's denial of development permit DP2540 for the construction of an accessory structure at 20231 Eastman Street lot 02400 map 51029 BC in a residential density medium density R2 zone The appeal will be reviewed pursuant to county spoke of section 17.18 request for review of decisions. I'm going to open the public hearing and ask does anyone object to the jurisdiction of the city council to hear this appeal at this time? Does any counselor believe he or she has a personal bias to declare? Does any counselor believe he or she has a conflict of interest? Has any counselor had any exparte contacts or made site visit? Site visit site visit. Is there any additional correspondence?

The appellant applicant has requested to continue the hearing and for an extension of statutory 120day deadline for 180 days. Staff recommends granting the request. Is there a motion to continue the hearing? I move to continue the second to what was the date. Any second? Okay. Okay. Any any further discussion? Okay. Roll call, please. Councelor Hammond. Yes. Councelor Hayes. Yes. Yes. Councelor. Yes. May.

Yes. So the hearing is continued to November 3rd, 2026. Thank you. Good job. Thank you. Now that you have the best presentation online. Okay. Next item is the part of the amended motion. I make a motion to authorize the mayor in coordination with the city attorney to negotiate and sign a retirement agreement with the city manager. Second. Is there any discussion? Okay. Roll call, please. Jay, yes. Council President Ker, yes. Council,

yes. Councilor H. Yes. May. Yes. Okay. Next, we're going to ordinance 2603. Um, an ordinance amending temporal code chapters 1008410 definitions and 1012 10 bicycle skateboards and emerging mobility devices. Bruce,

yes. Uh, council has been working on amendments to municipal code chapters 10.08 and 010 definitions in 10.12.010 010 bicycle, skateboards, emerging mo emerging mobility devices. Council encourages pedestrians to bikes use in town and ebike rentals will offer visitors an alternative driving allowing visitors to leave their cars parked. The April 7th, 2026 reading council approved first rating of the ordinance 26-3 votes 4 to one since votes not unanimous. second reading at future meetings needed for adoption. At the April 14th meeting, council discussed the item and requested additional information from fund cycles dan before proceeding with second reading. Uh the recommended motion is I move to approve the second reading and adopt ordinance number 26-3.

Well, I have discussion. Yeah, I um appreciated Ian your your responses. Those were great. cleared a lot of and I think that the idea of adding in um I'm not exactly sure where but maybe in 1027 027 B adding something language like all ebikes must for rent must be UL certified 2271 and 2849. um adding that length by the manufacturer, adding that language in and then also adding in language. It says all rental bikes must be class one or class three or another way of saying it may be pedal assist or a class two with the throttle removed. [clears throat]

Yeah. Yeah. I guess I guess the big idea is to have anything that doesn't have any water, right? So they're just having that language added in. Again, this isn't because I think that you are you are going to do any of these things, but I'm talking about the future. A future bike rental person comes into town. I'd like to see this language in here as a safeguard. And I appreciate your answering it so thoroughly. Can you um say the second chain the the the class in class two where where that would go or what the

Yeah, I'm not sure that under something I mean I I I'm not going to come up with the perfect language at all. I'm just saying that something that says all rental bikes must be class one or class three. Another way of saying it, I guess, is pedal assist. Yeah. And you talked about how class two can be the throttle can be removed in some cases. Some cases and then there are only pedal assists. So I I a way to roll all that into one sentence would be great. Sure. Yeah. Or or um

I guess you could have the three classes. I guess you could have had three classes made and then class two without a throttle. Yeah. And then just kind of I guess umbrella comment something like any ebike without the throttle to kind of because these things obviously the technologies are changing all the time so it's hard to keep up. So I think the big idea is just to not have a vehicle that has a throttle on it, right? So maybe that people actually pedal because there might be more classes in five years. So just

Well, there are there are technically and there's three legally, but there's the unclassified category which already has the what we call motors. Those are little electric motorcycles and those those are much faster, but those those don't have titles. I think saying all retro bikes must um can't or how do you say well so so then you would add

in the ebike definition I think we [clears throat] proposing adding number three to um is it so you have number two he's equipped forever and capable propelling greater than 20 m an hour um maybe either continuing that sentence or sub within that sentence so long is This motor is not actuated by a dedicated throttle or meets the definition of an ebike without a pump. Do you think it'd be better there or do you think it'd be better in the way it says the prohibition does not apply to rental an ebike provided however that all businesses engage in the renting of ebikes shall one be licensed two limit the number of ebikes three uh only rent bikes that are certified by the manufacturer the 5271 2819 and four uh the pedal assist or however you want to say it or not just operated solely by a throttle.

How you dedicate the throttle and put it under 12 at 10 12.027 prohibition. I mean I think it could go twice. I don't know which would be clearer I guess. I mean so if we if we went with the class thing we would have to add add an entire definition of the classes in there, right? That's why I think the throttle thing makes more sense because I don't things are changing so fast. Yeah. So I I guess the concern with the classes that's why I thought kind of more of an umbrella thing is the classes they they're subject to change with time. Yeah. And they have changed not that long ago. So

So you reference a specific functionality throttle. Yeah. They were redefined. So I think it's that throttle functionality. So the definition of an ebike, you know, without a drawing device. So you think it'd be better in red definitions rather than prohibition? I'm not sure. I guess I'd be up to Joey to report

in one of the earlier editions we did have classes and that was removed because of exactly that because we're changing so much. So I think in the definition I think in the definition and Jod might um maybe she'll agree with that but I think in the definition is the place to put that and I I think that we can go too far on having too many restrictions because it is an everchanging evolving um thing that he's that's going on with the eics but having it be certified by the manufacturer. I think they're all UL certified aren't they? I mean, you know,

well, a lot of them are, but like I can go on Amazon now and buy a Chinese made ebike and it's not going to be classified and it's not going to be well opposition to adding a number three in the prohibition. It's it's definitely I'm fine with that. So, it's just in certification and then put throttle things somewhere else. Put that in the definition. Maybe an ebike definition. Okay, that makes sense. Did our attorney get that? Have both fully operated boats in an electric motor that is not operated by a dedicated throttle. Just add J. Do you have any comments?

I am going to have to rely on the recording of this because there's a lot going on there. I was trying to find out if I for some reason was thinking that the legislature adopted a definition for ebikes. this either this last session or the session before before they did. So it might be that we just lean on that instead. Um

so we we initially had leaned on that I believe and that's where our classes came from is because they the state defined it by legislation um as one two and three and because they had just changed it the concern was that there may they may be changing it again. So we wanted a more um functional definition as opposed to essentially a cop based reference to the state I think is why the state definition got removed and then what's currently here got added. Okay. So we can [clears throat] you can make whatever you'd like. That's we can make it work.

And then under 10 well. 027B we added three to say that all bikes I mean in better language if I may say it all bikes you know all rental ebikes must be UL certified by the manufacturer and reference to certification numbers for electric and fire and you know UL2271 and UL2849 and I think that um Ian his uh response to our last meeting. Laid it all out pretty well here in his um his attachment be to this. I don't want to speak for staff, but I think we're probably not going to be able to adopt the amendment under the second reading. I think it'll be too substantial changes and we need to figure out what the language is going to be. So maybe uh Jen, staff, Bruce, myself can take it back and take a shot at incorporating uh the pro the provisions that were included in Ipologize, I forgot your name, uh um in

that section of the code and then maybe it'll pass on a first reading [laughter] lighting. So, we won't have to have a second. Okay. So, we're going to table it and bring it back at the June second meeting or are you saying June second? Okay. Yeah. Did I Did I miss that uh uh the [clears throat] limitation on the number of ebikes uh for each business? Are we leaving the limit of no more than 10 ebikes?

I thought you that was my understanding.

Are you okay with that? Um, knowing what I know now about, you know, how many ebikes you have to have of different sizes, uh, it seems like an unreasonable amount. Uh, it seems like you've you've addressed that, but not super clearly as far as I'm concerned. Uh, in in looking at your reply here. Uh, so what is your thought about limiting each business to 10 ebikes?

Well, honestly, it's businesswise it's not even feasible. From a business standpoint, it's not feasible because you So, here's the thing. Um, I I made the analogy in the email from bikes to ebikes and cars to gas cars to electric cars and this is exactly what it is. Ebikes are just another generation of bicycles just like electric cars are generation of cars. There's no difference. And so if you see the amount of e-cars on electric cars on the road, the reality is the same ebikes. And for a lot of us are under the assumption that ebikes are being merged into ordained or not. The first ebike was commercialized in the 1970s by Yamaha. And then one of the brands that we carry, Giant, commercialized their first ebike in 1997. So they're they're not a new thing. It feels like they're a new thing, but dur during the pandemic, a lot of people bought them and they became popular. But their growth rate of ebikes is definitely outpacing regular bikes. And eventually what's going to happen is the majority of the market is going to do Bikes and the majority of the market's going to be regular pedal bikes without a motor on. So limiting the bikes is uh the rental bikes is making it very difficult for business because down the road more and more my suppliers are not going to be offering regular bicycle anymore. So it's it's a transition. It's we're we're we're changing the times are changing in terms of when

so are we losing you when uh we lose the limit on the number of of just kind of no but what's it feasible yeah what would you think would be a feasible

I guess I I guess I I would I don't I don't know what I guess my answer is and I think I might have mentioned that the business before I had it rented way more bikes than I have right now and I've never heard of anybody have any concerns about bikes on the beach as far as I'm concerned. Um, now we have less bikes than the business used to have in the 1980s and '90s. Um, so I'm trying to understand the concern or limiting the number of bicycles because we we're not adding mobility bikes, we're just sub substituting bikes. So I think this is a bigger um this started out as a bigger conversation and our the what we were going what we were doing by limiting the number of bikes initially

was so we didn't have the Portland company coming in with all their little electric scooters and just driving them off here. Um we don't want that. We don't want that kind of commercial um bike in our town. [clears throat] And um so that's that's why the wrong patient came out. I understand I understand what you're saying. Some of it is too. So we can you know um [clears throat] get this passed. Um and we all it has to be unanimous in order Sure.

to change this. So it only has to be to do it in one meeting in one reading. Oh okay. So um so wait your answer to me by the end. You're good. Here we go. Uh is we should not limit the number of ebikes because bikes are bikes. Well, yeah. Bicycles are bicycles whether they have a motor or not. They're just a bicycle. So it would be like limiting the number of electric cars in Canon Beach. I don't think it'd be enforceable and obviously it doesn't make sense from a market standpoint and

it's not limiting the number of in the city though it would be limiting the number that can be rented within the city. That's two different things. There's no way we can limit how many come into the city people bring their own. We we can't run any of that. But we can limit how many are renting within the city. That's that's a totally different thing. Well, I think then you're then you're just cut you're cutting in off at the knees and the chances of us, right? Yeah.

Yeah. And the chances I I really truly believe that the chances of another bicycle shop coming into town are slim to none. Um Oh, I disagree to Well, you can disagree and that's okay, but historically there has been a bicycle shop. Maybe the hotel has some bikes. Um, so historically in town and they hadn't and there wasn't I feel like there wasn't really a lot going on for quite some time. There was nothing for a while before you took over, right?

Yeah. There was only the shop there which was owned by a man who passed away the last year and he had it for 20ome years but he lived in Seaside and we just operated when occasionally he didn't have a regular schedule and then there was before that there was Mike that was there. I spike shop over there till I don't know when he started but he was there until 2018 where he retired and closed his business. So there hasn't been anything since 2018 in the bike space certainly not in maintenance and retail and all that. Yeah. So this seems to be your concern. So uh and and you just explain uh

okay I do not first of all historical analogy does not because we the historical analogy doesn't look because as as an indication of the future because we also had no pot shops in town and then all of a sudden we had four at one time. So I mean things change and I'm just so many bikes out there ebik just just pedal assist without without without a throttle no throttle pedal assist only.

So that changes the game. It ch it changes the game cuz I can guarantee you I'm not going that fast on my bike if I don't have throttle. Well, you're not. But I hate to be fully You can't you can't go faster. I go faster on an auto bike than I can if my wife's got an ebike. Yeah. 20 20 mph is not not a problem.

Yeah. So, it's it's not that's why that's why to me ebikes are just bikes as long as they don't have that throttle, which I I honestly I'm going to be really honest. I don't I in great agreement with the industry with that. And there's quite a discussion going on between the bike uh the stores and the manufacturers because a lot of bike stores believe that ebike should not have throttles. So, you know, we're not alone having that conversation. It's it's going on and it's and I agree with that. I I don't you know, to me a bicycle with throttle is no longer a bicycle. It's something else. more it's more like a how do you call those not scooters but a little

spot yeah it's more it's closer to that from my point of view

and and the art but um in terms I so I'm kind of happy to have that conversation because I understand on the reason for the limiting eliminating the number of bikes and so I get that and personally I am concerned as a business owner because it's already happened these businesses are already coming to Canon Beach and renting bikes outside of Canon Beach. So in theory, the the rules were limiting me and helping enabling these companies to do what they want. So I have that concern as well. I don't really know how to limit it. And I mean there there's I can name a number of uh criteria that you can explore if you want. named some of them last last session during our last meeting where we talked about you know having either businesses that are certified either businesses that have a business license in Canon Beach are already established in Canon Beach. I don't I mean it's I I you know making it a little just a little harder for businesses to not just land with some kind of cargo van with a long trailer in the back and have 20 bikes hanging on on that on that

show up this weekend at that time. Yeah. Well, yeah. There you go. So, so I guess I guess that's the so I understand the thinking and so I I don't have all the answers but the way I look at it and the way I look at rentals in general I look at it from perspective of creating a good experience and that includes safety and ebikes yeah you know I mean they're like bikes but you know they still have that electrical component so they can if somebody's just going to start renting ebikes out of their garage and they don't you know they might have been toying around with bikes all their lives, but they're not a certified technician and they don't have insurance, then I I personally see it as more of an issue. Um, than the number than

Yeah. than the number. Okay. You're putting people at risk. The throttle language and the UL language. You think those two things added into this would and take out the the limitation? You think that would work? Well, it would work for for for my for my purposes, but when it comes to your concern with with the businesses coming in, then I you know, I I don't know. I can't can't say, but it would work for my purpose. Yes. Yeah. Because everything I have is already certified. I don't I don't anything that's not

disordered. So, we had talked about language that limits kind of these uh rentals sort of but we never really put anything in there. Um so I mean if that's the concern I'm just trying to concern well so require well I initially mentioned brick and mortar but there there's two provisions in our city codes. We have outdoor merchandising is prohibited. Um, if you're buying something on the street, and then that's not in this section. That's in a different section of our code.

If you're buying something on the street, you can't you can't just buy something from someone on the street. And that's essentially what line and these ride share things with the scooters. They're conducting that business on the on the street. So, outdoor merchandising. And then the other provision is this prohibition in here that the rental shall be provided with a business um that's licensed in Canyon Beach. So they would have to jump through that hoop of wine scooter becoming a business in Canyon Beach. Getting a business license in Canyon Beach. That's right.

Well, it's super easy. But but these these large organizations employ are they likely for this national organization, this national company to get a license in Can Beach just to serve Candy Beach? But then again, outdoor merchandising stops them from being able to rent.

I'd like to know if that's true. from from Jod. If if our outdoor merchandise and prohibition would stop a you know uh someone from coming into Canon Beach with the trailer and eventually five separate would that that's if it would then I'm happy with that. Well, I know that there were people that were Sorry, Journey, but I know that there were people that were coming to town and they were bringing like their little candles and their little things and they were setting up shop on the sidewalk

and code enforcement came and shut them down. So, that's objective. I believe it should but unfortunately uh it's currently this is the housekeeping machine. Okay. It is currently written that in 17617 the CBMC outdoor merchandising B all uses in the C1 C2 and R zone shall be conducted entirely and I have said for a year we need to change that because that limits this ordinance to C1 C2 in our own district. So if they set up anywhere they are we're in trouble. Okay. But not to say that I want to do house, but I wanted

I just [clears throat] changed that to Yeah. So, could we Yeah. I don't know if there's a work around this to address that. Could we add a sentence in there? Is there some way to add a sentence that says that we won't license ride shares that um or or in that same prohibition and and the rental of such ees shall occur within the confines of you put the put the language that's in your merchandising that second half of that sentence put that language in so in prohibition so long

or just say that all whatever um what are these called well no all of these businesses that should be in the C1, C2 or whatever and require then they require. Yeah. I mean either either one either requiring them within these three zones or adding the Shelby tires then completely enclosed building. Yeah. Yeah. I like that. That would well not limit space, right? it limits space and so it's still going to limit how many and then take out the limitation on your number

right but make sure that it has to have did because this is so because people are not finishing sentences so did you I I could you okay for okay then lack of a limitation as long as it's happening. Yeah. Can you give the the two birds there? I I I think within within the enclosed space and then when we do housekeeping, we can fix that to sales zones at some point

and then we're going to remove the limitation by Yeah. Okay. Okay. You think it' be nice to get this done next time? Yeah. reading. Okay. Anything else? Well, thank you. Thank you.

Yeah. Hey, we have 26 over.

All right. and mayor council. Thank you for that. This I made the uh edits as was suggested the last um hear the uh first off that the public works director was out of whack with the uh alphabet all that just corrected that. Then on that next page, I corrected the table as Eric caught up on that. And then down further under 40140 under B, we put in the spontaneous and got rid of vehicles, animals, fireworks, park, and then we added to uh the demonstration to not block traffic, sidewalks or compromise public safety. Um, I will also note uh that I believe that I would recommend that on the U under 4.01 over 150. Uh there's the last B and it's it says there this is the one about the um limited to prescribed time period indicator not to exceed 72 hours for no more. It's that repetitive, you know, where you could do it every quarter. I I would prefer it say it not to exceed seven days because if you're doing a holiday type of display or you want to have a holiday type of event or something like that in your store or something like that and you wanted to have a special advertising or something like that. Uh that's what this was originally for was that kind of provision was a seasonal type of thing. Um, and 72 hours was kind of small of a window for that. And I I don't we haven't seen this used that often to begin with or I I haven't seen it done.

And so I just think giving people that a little bit longer than just the way that I think this was originally drafted with just thinking of it as a weekend event. Uh, and this would this would still limit only four times a year for a week each time. So for what do you mean by Christmas events?

You know, say say somebody So one of the reasons this was originally Bradford was because Brutus's kitchen put up a little inflatable well like you know and so we built this specifically for that kind of thing but yet you know really it doesn't this function better for that. We, like I said, I don't I can't recall this being amusement a couple times. So, because I know we decked out our shelf every year for the holidays, once a year we deck it out. It's up for a month. It goes up before Christmas and

Well, that's why I mean I said seven days. We may just want to put in I mean there's sometimes that you know it's the holidays and I mean we did the Grinch last year. We don't want to do it every year that maybe we'll bring him out to give him the enforcement. That's what I would say. We don't want I don't think the downtown quarter during the holiday during the Christmas holidays should be affected by some ordinance that says, "Well, you can't that's a very mahog." Yeah. I'm conf I guess I'm confused. How does how does this impact that? Like how how is how is that in effect permit? That's right.

Any kind of outgo merchandising any kind of signage or whatever that's called a sign you know inflatable type of thing. So this they come and get this and we allow them. lights in your Christmas lights. No window. Those are Christmas lights, not decorations. Christmas decor. That's for big things like so a little wavy maple bar. Yeah, just, you know, this I mean,

I think the weekly sense that week, it's not going to affect people's Christmas decorations, right? Their lights are Yeah, we're not going to impose on that. That would be the dark side as long as I think I think that's all the changes are all requested. Okay. Any have any questions? No, I think it's I like the spontaneous. Uh I move to approve the first reading of amended seven days um of ordinance 2604. Second.

Okay. So I'm going to read it by title. Ordinance 2603 an ordinance amending can beach administrative code chapters 10.08.01 definitions and point and 10.12.010 bicycle skateboards and emergency emerging mobility device. As soon as I read it I thought I'm the wrong one. Okay, here we go. Ordinance 2604 on special events. Any discussion? Okay. Council President Kerr.

Yes. Councelor. Yes. Councelor Henley. Yes. [clears throat] Councelor Hayes. Yes. Yes. Move to approve second reading and adopt ordinance number 2604. Second. Ordinance 2604, an ordinance amending can beach municipal code chapter 4.01 and special events. Any discussion? Okay. Roll call, please. Councelor Ostrander, yes. Councelor Hannah, yes. Councelor Hates, yes. Council President Ker, yes. Mayor, yes. Okay. Ordinance number 2604 has been adopted and will become effective in 30 days. Thank you. Thank you. Thank you.

Okay. Next on the agenda, we have um approval of minutes from April 7th, April 14th, and April 30th. Anybody have any revisions?

Anybody like a motion? I will approve the minutes of April 7, April 14, and April 30. Uh, April 28th. Not April 30th, but April 28.

Second. Okay. Any further discussion? All in favor? Yes. Yes. Okay. And last, go to the order. Have a think of the order. Uh, we already kind of discussed it already, but I got a call from a resident this morning or this afternoon that apparently first thing this morning at 6 o' uh there was a whole incident and it was very unclear if she called the police about it over here in the dunes. I got the same email, but that was yesterday. Oh, it was yesterday on my pace. Yeah, it must have been yesterday morning. And I don't I don't

stick swinging a stick at the L and threatening them and they charged them. He ran away then he filmed the whole thing apparently and he grabbed the thing again and chased back to the sh and I don't know I don't know what he called the police I don't know if the the citizen called me out called the police to talk to them or not about it but um I just we've already talked about things we need to hammer on this one because I told them I would bring it up and and the thing I mean and all that does is it engages all of us more aggressive place to go. I mean, it's just stupid. So, I wish he had filmed him or I don't know if he has

he's not a film guy, but yeah, I it just because then he'd have some kind of happening before, you know. Well, we don't have a code yet that talks about that, but I guess when we look at an ordinance as far as how far to stay away from elk, maybe there's still about harassment and the punishment will be tied to a tree. Surrounded by elk. Surrounded by elk. Okay. Anything else in the order? Got it.