City Council - Special Meeting

I'd like to welcome everyone to the city council work session and special meeting of Tuesday, March 2nd. Call the meeting to order and ask for the agenda. I move to approve the agenda as presented and ask that everyone be mindful of time so we can get through the agenda efficiently and adjourn at a reasonable hour. Second. All in favor? Yes. Yes. Yes. Define reasonable, huh?

Okay. Okay, first on the agenda we have public comments and if you would like to make public comment um please raise your hand when you come up to the podium state your name and mailing address keep it under three minutes and be kind and respectful. Is there anyone that would like to make public comment in the audience? Go ahead. So this is timely public comment.

This is it. Okay. All right. Um, one Craig Annab 38 South L and follows. Um, my wife said, "Keep this light." Because when I was writing this all out, she thought, "Oh, it sounds too business-like." So, try this that way. But, uh, as I was thinking about it, I thought, um, it might be good to just give a little history. My grandma and my dad probably were coming down here in the 1920s. So we have probably over 100 years of history in Can Beach. My grandma bought her house at 388 Hem in the mid50s and that's when she opened up her restaurant downtown beach. It's called Singing Sands. In fact, the cabin is called the Singing Sand. It's the one with the big cedar tree out front. And when she bought the house, there were actually the main house, which isn't very big, and three little cabins in the back. So on the 50 by 100 lot, they had three little cabins kind of like motel. People would drive in the back and B could stay and she would take care of them, feed them if they needed to. Um, but running that restaurant was kind of the main occupation after died. Um, my dad came down here forever and uh I'm almost 70 years old. I think I came here probably before I was one year old and every year after that. Um, so we we've owned our property there on Hen for over six years as my grand and myself, my family. And believe it or not, it's kind of funny, but the fire pit that's at that cabin, uh, she just walked down, you see it there in the back. My, uh, my dad built that. My grandma designed it. Kind of looking through a Sunset magazine, kind of thought, "Oh, this is kind of a

cool look around." fire pit with the deck around it and it just became kind of a mainstay for our family ever since. Um I can't tell you how many marshmallows been roasted, hot dogs have been cooked. Um that's very special to my granddaughters, grandkids, very special to my 90year-old aunt 94 uncle. In fact, I had mentioned that this possibility for this ordinance was up and honestly they couldn't believe it just because we've been doing this for so so long. Um, but I certainly understand the concerns of smoke and late night noise. I don't like late night noise either. I like to go to bed around 9:00. Don't [clears throat] like smoke neither does I. We try and burn an which is a a very low smoke wood or dry pine that we get out of Eastern Oregon because it doesn't make sense. I I think I read somewhere about yard waste and things like that. Man, we've got the best recycling I've ever seen anywhere right here. There's no need to burn, you know, grass or leaves or anything. But a nice wood outdoor fire. I don't know what it is. I think it's almost prehistoric. goes back to, you know, and we used to probably live in caves. But it's just something knowing you're there, sing a song, tell a story, roast a marshmallow. It's just a very nice thing to be able to do whether you're on vacation or just staying in your in your home. So, it kind of feels inequitable um that my neighbor can have a a wood fire pit or a fire pit just because our house is in the rental program. has been for a long long time. Um kind of forces us to not even as a property owner not be able to

use our own wood fire. Um the nuisance issue issues that are occurring, it seems like they should be addressed through normal enforcement practices. You know, new noise or smoke could be uh done other ways, I think, instead of a blanket prohibition that applies to one category of property owners. Uh, I do value being part of the vacation rama system. I have to say that each comr who represents our house does a fantastic job. And if there's even the slightest problem with the house they're haunted, but I can't even tell you. I don't think I've had any complaints. I've never heard anybody complain in our neighborhood um to us to beach comr about the fire in our backyard. Um Tony, that's what I wanted to say. Um guess I respect as the council you consider the policy and thank you.

Thank you. Anybody else in the audience? Okay. Is there anyone online? down at surf C in Pacific down there.

Pretty much the same thing as Craig said. I cannot understand. We had a fire pit there for 30 years and now suddenly it's no doesn't make sense to me. Can someone on the the team there explain to me what specifically is a kindled fire? This is a chance for you to give us comment. I can figure it out. Put it down. I'd like to know. [clears throat] Can't have an open fire that's kindled on private property. Okay.

So, what would be a non-kindled fire? To me, the issue here is the smoke factor. Non-kindled fire obviously a propane or a natural gas fire. You hit the little flicker. You got a flame. There's not a smoke mole fuel out there. So, I really failed to understand. I could get not having a wood burning fire, there could be some fault with the neighbors. But a propane or natural gas fire, they sell them by the billions out there. People bring them in their motor homes. Turn on little sparker. You've got a flame just like a Weber barbecue. And that's Benjamin. And I cannot make any sense out of this. Greg said, "All the owners in my neighborhood can have a fire, but because I choose to rent once in a while through Beach Property Management, I can't have a fire even as the owner." And I'd like to have an explanation why. And the owner had a fire, especially in propane, a little spark. It's got a little circle. That's it. Been doing it for 30 years. Not propane, obviously. Those are my concerns. I can't make any sense out of it. Sure would appreciate some understanding. Especially I just love what would be a nonendable fire that [clears throat] I appreciate.

Okay. Thank you. Anybody else in the audience? Okay. Is there anyone online? You raise your hand if you'd like to speak. Yeah. Go ahead, Tammy. Hello. Uh, hi. Hi. My name is Herb Flor,

PO Box 546, Canon Beach, Oregon. I was just uh listening to the two comments and I'm reading the proposed language on what a recreational fire is and what a recreational fire does not include. And I think there may be a little bit of opportunity to clarify in the language uh the proposed language where it says recreational fire does not include heating appliances that use propane natural gas or similar non-smoke producing fuels which would mean that a propane heating device such as a propane fire pit would not be included there. However, it goes on to say, including but not limited to barbecue grills, smokers, or other similar cooking devices. And I think there may be a little uh room for confusion both between residents and city staff with uh with that. Um, and maybe it could be clarified by adding uh propane fire pits in the um the the um what's the word I'm looking for? Uh the the not limited to uh items. And that's all I have. And thank you very much for your time.

Thank you. Anybody else?

Go ahead, Spir. Sorry, my phone's going here. We can speak. I can hear you. Um, can you hear me? Yes, we can.

Okay. Uh, my name is John Holmes. I am one of the owners of a cabin located at 186 Tooff Lane in um so um my family has uh owned this cabin for over 60 years and uh we've had many like the gentleman that talked earlier, we've had many uh you know we had a fire pit in our we we have a fire pit in our front yard and have enjoyed many evenings sitting around a campfire making s'mores and looking at the stars and I guess I was surprised to hear uh about this so I wanted to hear more um I don't know that I need to explain explain why the experience is enjoyable. Um, we do um, uh, rent our cabin from time to time. So, we're in the category of owners that would not be allowed to have a fire in our front yard because we occasionally rent it, which I find uh discriminatory in the sense that if you're wealthy and you don't need to rent your cabin, then you're fine. Um, I should also mention I'm an architect and I deal with regulatory bodies all the time and I'm quite familiar with, you know, a lot of the things that we're required to do when we build a building. Um, but I guess could we could I have someone please explain to me the rationale of why it's

okay for an owner to um have a fire and not an owner that um occasionally rents rents the cabin.

Okay. This um is public comment that you give to us and and in the good of the order we will address um some of those issues as well as during the agenda. Yeah, we are going to be discussing it during the meeting also.

And and I would also Okay, I'll I understand that. I would also then just add uh I would second the last gentleman's comments around there there's some nuance to this that doesn't make any sense either. Like there are there are you know Weber grills that you grill food on. Um there's solo stoves which control the smoke better. The technology there is is quite good. Um, you know, I think just banning something. I mean, what if someone's cooking outdoors and they go into their house and somebody calls and they're they're done cooking, but there's still essentially a fire. What happens then? So, I think tricky. Anyway,

okay. Could you um give us your mailing address also, please? Uh my my mailing address is 3264 Southwest Evergreen Terrace in Portland. Okay. Thank you. Okay. Thanks. Anybody else? One more.

Okay. Anybody else in the audience? And one more time. the Hollands. They said they were given talk tonight and they said they couldn't be heard last time that she raised her hand a hundred times and never got called on. So I just don't double check that they're nowhere on it's on the agenda. It's an item on the agenda, right? But are they here public? I used my mark and they don't have their names. Okay. Are you sure there's nobody else on Zoom that would like [clears throat] comment?

Now is your chance. Okay. Thank you. Okay. So, we'll move on to our discussion items. Uh first item is the Chamber of Commerce quarter report.

Jim. Yeah. Um Jim is going to do the presentation via Zoom. Oh yes. Okay. And we have them on Zoom.

Yeah. there. This I think is the first first time I've done Zoom. Can you all hear me and see me? Yeah, we can.

Awesome. Um, first I'd like to to say I'm sorry I couldn't be there in person. I'm actually at the governor's conference on tourism and I had intended to drive back for this meeting, but um you know snow on the pass and driving back and forth um is a concern. Um so I reached out and talked to the board and reached out and talked to staff and let you guys know that I would um do this via Zoom. So I thank you and it's definitely different doing it uh via Zoom. Um, [clears throat] I trust you guys got my the packet which has all the stats and information in it. Um, this is a report for the Q1 of 2526. So that's July, August, and September. This has been postponed a couple of months. Um, mostly due to timing and my wedding which happened a month ago. Um, and I was away on my honeymoon on your normally scheduled time in February. So, that was part of the delay in getting this report to you. Um, if I can jump right in, I'll uh try and be concise and short so you guys can get to the rest of your meeting. Um, what we did with the funding for the first quarter, as you're aware, we don't do a lot of promotions in the summer months. It's part of the contract. We're strictly looking at October through May for promotional efforts. We do however do some uh Facebook and social media to kind of help uh inform people of things that are happening and where to go and what to do. Um but the biggest part of our spending for this Q1 is for our website, the social u media um platforms and our visit widget which is uh the

Canon Beach app. So, we're putting uh our funding into those and paying for them for the fiscal year. So, that uh that that usually happens in the first part of July as as the contracts renew. And so, that's a large part of the expense in this quarter. Um as I talked about really the the efforts we put into is mostly social media efforts. Uh, a lot of things we talked about, and I'm just going to paraphrase all these down into topics rather than go through them individually. Um, we talked about wildlife uh, in that quarter. The some posts about eagles, the pelicans, the elk, uh, talked about Haystack Rock, talked about art galleries, which we, you know, promote Canon Beach as. Um, of course we throw in the scenic beauty and we also talk about the food, uh, dining, breweries, you know, things that visitors are going to want to see and do while they're visiting in the summer. Uh, we did also talk about some of the events that were happening. Uh, movies in the park was a big thing last summer. Uh, we also promoted some of the fall events when we got to September. Um, but two things really stood out when we were um when I look back at what we promoted. We talked about lantern safety. That was a a request from the fire department that said that we they saw some lanyards or there was some activity and they wanted us to help promote out that that was a hazard and a danger to the area. So, we did that. Uh the other big thing that was a a big driver was the state parks were

going to implement a cost for our local parks. Um specifically the Toana Wayside and so we were helping get the message out that those were fees were going to be coming into effect and getting that information out. So, that's a just a real quick overview of all the social posts um that we put out uh during that season. Um as I flip to what I presented in the report, the stats that I gave you are what's required of our current contract. And I wanted to give you guys the opportunity to ask any questions of those if you had some.

Anybody have questions?

No, it looks like 78,000 went back into the reserves. Is that correct from the prior to current cash reserves? Well, I was talking about the rest of stats, but we can talk to finances now if you want. Okay. Well, great. Let's move on to that. Uh, as we looked at the the reserves or the finances, you know, this was the reporting structure that we had talked about and I worked with Tim and Amber to make sure and get it um into the report uh the way that we've been discussing. And so, this is what we've agreed upon. Um the the really good news that I want to say is thanks to the restructuring and and the hard work of Amber and our budgeting team, you know, we're on track. Uh we really hit this uh budgeting process and got it to where we're we're just really right on track. There were only a few thousand dollar variation and that's to the positive side. So, I think we made some huge strides in making sure that this is accurate and correct. Um, so I'll uh answer your question now. Uh, Eric, what what was the what went to the reserve? Yeah, it looks like uh at the bottom of the first page of finances uh DMO prior period reserve balance is 15,000 and then current cash reserve balance at 93.

So it looks like re refilling that reserves is that that accurate that is accurate. Yeah. I apologize for not having Amber here. Usually I like to have her here to be able to answer any of those details, but I wasn't able to coordinate that for tonight. But yeah, and we went over over these with Tim and um made sure that everything was lined up properly and that the the the account explanations were uh included at the bottom of the the balance sheet, too.

Did Did Tim have any concerns with the way that stuff had been put together like did he what how how many corrections did have I guess well he's been working with us for a few times uh now to to get this lined up um you know really we're trying to format this to uh fulfill the requests of the council by breaking out the the visitor the the marketing efforts combining that and showing the budget. So we you could see that uh all of that was uh lined up. Um he didn't come forward to us with any concerns about the the fiscal or the financial aspects of it, but it was mostly working to get the the presentation part correct.

Other questions? Has Amber been to any of the meetings? She's been on Zoom. She has. Okay. Yep. I I saw but I couldn't prepare. Yep. I always like to have her there for the details.

Has there been discussion with Tim about financials and providing some historical financials? I don't find this helpful myself to not have anything to compare it against. uh and hopefully we won't be the ones comparing it in the near future, but it just seemed like some point of reference would be helpful about whether things are up or down. Uh but I would say the same thing about all the stats we're providing. There's just stats that uh we have no idea if they're good or bad or better or worse. So that would be my feedback on that. I think part of the problem on that, Gary, is and I agree with you, but I think part of the problem is it doesn't look like this. So, trying to make heads or tails of what they had before and what they have now, the difference. I think there's going to be so many questions. I mean, it would be good to see. I agree with you. Um, but are we going to be able to compare apples to apples? I don't think so. I don't think without going backwards, you're going to without truly going backwards and doing redoing all of that accounting backwards, you're not going to be able to compare apples to apples like this.

[clears throat]

uh maybe not exactly like this, you know, as far as total spent and what's spent on the marketing and what's been on the information center. I I acknowledge that it's not the exact same report that uh we had historically, but hopefully, you know, if we work out something or oversight other than it just seems that they would want to see some uh historical reference to know whether these are good or bad or on track or behind or anyway comment. Uh, you know, I guess we'll talk to Tim about that and see where it's at. I had a question about staffing. Uh, is the marketing person that we met the last time we met, is she no longer with the chamber?

That is correct. Yeah, it um it it wasn't a good a good match for our our community in the aspect of u certain areas and that's you know that's HR stuff that I um not going to dive into in a public format. Um but we are currently down the uh marketing person. Uh we're also uh if you haven't heard Allan has left to go to the Atoria Chamber as a membership coordinator. So we're down a couple of staff members currently. Uh we're re-evaluating the structure and need of the organization. I had three part-time staff members that one has gone to full-time and the other two have taken on some additional duties. Uh Laura, as always, is uh wonderful at stepping up to help make sure that we uh get the job done. Um, we're all working a little extra hard to do that. Um, so once we've got that, I I first wanted to look at the internal staff and see who could step up and take on add additional duties. And now that that that has happened, we're looking at the job descriptions for our entire organization to make sure they're accurate. And then we'll rehire for the needs that we have um going forward. Uh, one of the big issues that we're looking at as it pertains to the DMO is we need to create the next marketing plan. And so we're we're looking to contract that out with somebody um that can really help get this on track. and and as we've discussed over the past, you know, creating that marketing plan, having that work plan, and connecting it to the budget, u we want to make sure that that's all in place the way you guys have requested. Um, of course, we also got to look at um u renewing the contract or how we're going

to do that. So, that might have an effect on how that works as well. So yeah, there's a lot of a lot of juggling going on about things that uh pertain to this program and look forward to getting those sorted out so we can focus on the work. I don't don't know if that really answered your question, Gary, but um we currently are without, but we're seeking um some help on that. So, Jim, and I know that Julie's here, too. Um, but I think this would probably be a good time to share who you have in mind, um, to help with that marketing plan and conversations that you have had with her and where you are in that process. Um, I think that's I think that's very important opposed to just walking around where you're going with that. I know that you were planning, I think, to meet with her again. Um, I know you've met with her once and were planning to meet with her again like a week or two ago. Did that happen?

Um, yes. Uh, many of you may know, may or may not know, but Nan Develin from Travel Tie, she helped build that program for the Antilut County, um, is stepping out and and and creating a consulting business. As soon as I heard that, I thought she would be a great fit for our program. I had a meeting with her and pitched the idea to her and she was very interested. So, I sent her, you know, some information and I had a follow-up meeting with Nan and she is very interested. We haven't worked out the details and uh fingers crossed uh we'll get that done soon. Um but she I think she's a a great fit. She knows our community. Uh we've worked with her for a long time. Uh I I I've had a great working relationship with her and she's helped promote our community uh with the food trail. Um so uh she knows a lot of the businesses in town or at least the restaurants and uh I think she can really help us um look to the future and make sure that we're doing things in the right way in the right path. um look forward to to seeing what that turns out to be because uh like I said, she she knows the community. She's been a marketing professional for many many years, has done this for other communities besides Til County, but she really built that uh whole program down in Toma County. So, um I look forward to to having her on the team and working out those details. Anything else?

I am um a little concerned that um I feel like maybe you're hanging your hat on what's going to happen with this contract. And it's my understanding that the funds that are that will be presented to council that the funds that are being allotted currently will be broken out between visitor center and DMO work. Is it going to change what it is now? But it's going to fix an amount instead of having it be a percent. Um am I does that sound correct, Bruce? So, um I think that with what you have [clears throat] and probably some kind of cola, maybe like 2 and a half% or something a year, you can start planning for that instead of waiting for that. That's what I would plan for. That should be your plan. If something happens in the interim there, then then you drop back and punt. go. You have to go forward because otherwise we're going to be here in 3 months um waiting for a budget that we aren't going to have and we aren't going to be able to approve this new contract.

That's my opinion. Okay.

Well, then that that's a in my view that's a separate subject and and the contract negotiations, we haven't begun those yet. I'm lining up. Our negotiation team has put together trying to get dates that we can all meet to uh send to the city and get that ball rolling. Um so I look forward to getting that organized as well. But certainly we're not uh stopping our efforts or holding back on on doing what we need to do because uh you know it this is very important work for our community and we can keep moving that ball forward and do what's best for the businesses, for the residents, for the city and um you know continue that work and then work through all the details of uh the negotiations and contracts and and of course adjustments will likely be made when that's finished, but we're we're still moving forward.

Okay. Any other questions or comments? Okay. Thank you, Jim. All right. Thank you. Have a good night, everyone. You okay, next on the agenda, we have a fire department fire district update. evening.

Well, Mark is probably enough. I just wanted to thank fire department for working with us finding a relatively easy way to be able to extend the 180 days with the improvements that have been made to the uh book entry. [clears throat] We did have a limit and that is now able to go ahead and move forward. Thank you. And I'd also like to thank other Paul projects.

Um, well, thank you. I'll be brief. Uh, obviously I already have the presentation. There's a couple things I want to point out on it. So, uh, I'll let Russy get it up and then we'll kind of run through just a couple expand on a couple things. That's not it. [laughter] that is you want to say anything about that? [laughter] Go ahead, Rusty.

Um, so just a couple accomplishments. Um, I had a whole bigger list that I kept tearing down. My board kept adding things. I'm like, "No, we're going to pair down." Uh but uh a lot of things happened in the last year 2025 uh with a lot of lifeguards and um just the surf rescue program and the tech rescue uh with USLA accreditation. That's just a that just shows the training and really what that means is the amount they get to buy into the program and the training that goes into it. That's really what that means. Uh it doesn't need extra money or any of this. It just shows that we have a training program. We have a a defined program that meets a standard. Um black towers ordered. We'll have them in uh here in the next couple months. Uh that was amazing to get that done. Um then just kind of moving on just the amount of training uh that has gone change. And we look at 7,000 hours of training uh is just a massive amount and that is a combination of career volunteer part-time students all together and just the constant training that goes into uh keeping skills. Uh and then into some of the community projects, CPR, uh the address signs, um getting out in community more with fire marshal and being able to go and visited visit u businesses and start some of those inspections and and that education. That's really what talk about business inspection. So, it's really business education [clears throat] and educating and being proactive. Everything we do is about standard of cover. That's how we measure the fire service and measure the district is we have a standard of cover. And that

standard cover in a nutshell is are we getting the right equipment, the right people, the right training in the right amount of time. That's what it comes down to. Prior to the food tax, prior to the levy, our standard cover was about non-existent. uh because we just didn't have the people, we didn't have the volunteers, we didn't have the availability like

and so um the food tax with the levy has completely changed that um to where we have staff on we have u increased volunteers and increased part-time students that we can meet standard cover from EMS. MS to rescue uh fire that we have we have the people on the equipment and that's what really good effort done is change that standard cover um I had a question from when I sent it out about how has the standard cover changed and just actually I can't even give you a a percentage because it it was r literally from little percent to 100% % um that's the direction change of standard cover uh through this rest uh keep going that just kind of um call life I'm not going to beat up the calls they gave you the stats you know uh the one thing that has we were talking about the last night the board meeting that has substantially changed right now is a cola and Indian beach being closed that has changed your call volume line volume when I went and looked looked at call volumes for uh Febru January, February last year. 21 calls in January, February last year were a cobalt park. Um so without being closed, uh it's helping us. We're not running up there all the time. That is a pretty good percent of calls are up in that park. Um and with it being closed, uh we're actually are still going up there once in a while. People hike in and we actually have to go in there. Um something [clears throat] happens up there. We can still drive in, but it has extremely limited amount of halls up there because you can't drive up there. But

um keep going. I don't need to review all the one thing that has changed is the amount of tourism. Um our tourism numbers haven't gone down, but what has changed is the resident calls going up. Um and so that's why you start seeing that percentage difference is because it's the [clears throat] resident calls going up versus the tourism call going up. What about um when you look at what does the food tax fund and same thing we have said from the very beginning it it really funds three firefighters fire marshal one the daytime positions and then it really funds a lot of the part-time um and when you look at you know what we received over the last three years has gone up but also that cost has gone up insurance gone up salary gone up all the stuff that you all know goes up and so it just is keeping up with Right. Not very well. That's just our orchard of kind of how we are our positions and everything. Go ahead. Um when we look at um what our where is our funding coming from? Uh you show the the food tax is about a quarter of our of our budget. Um it is a large percentage when you look at it because it does it funds four positions um five positions. So it is a pretty substantial portion of budget. It would be very devastating to lose. But um we look for allocation of where does our total budget go to? Um as most places over personal services and benefits and such but um just a little more breakdown of personal services. I'm not going to dig into these you guys

have in the back. If you have questions, reach out through. So, kind of last is looking at what's [snorts] what's in 26. Uh, one is get life towers up. That's a huge thing for the summer is to have those in place and use it. Um, one of our big things in our cover is get our EMT advance on. Um, part of the going to the levy and the food tax and hiring, part of the job requirement was for them to get the EMT advanced. Unfortunately, the college hasn't done it for two years. And so, those guys be able to have opportunity to get it. So, they're doing it this year uh right now, but I couldn't send everybody to it. I have five of them I need to send to it. I I can't send five at a time. That would devastate our staff. And so we're sending three uh right now and then so through the end next year we'll send the other three. Uh so what that'll do though they're doing an actual advanced intermediate class together. So by the time next year comes 100% of our staff will be intermediate. That brings a huge increase of service uh to us. Uh so that's a real exciting thing that but uh by the end of the summer by get in summer uh we'll have one intermediate advance to only duty 24 hours a day. Right now there is one of the shifts has advanced and one of our daytimes intermed and then I'm intermediate but by the summer we'll have every shift will have advanced one story. Um and then the other big thing we did is we got the replace the engine for the arch station. Um

that was huge. That st that uh engine hasn't been in service in a couple years. It wasn't really equipped to do anything. And so we bought a it was that engine was due to replace next year. Um fire apparatus is really hard to get right now. Most places still open three years. Um, and then the price has gone up to expansion on it. And so after looking at that, we made a decision to buy a nice used one that we get now for about half the cost um and fit in our replacement plan. So we just got delivery of it. Um, it's getting outfitted some things, but it'll get service soon. Uh but that was really big uh to us because right now with the two engines, one of those engines goes out of service for maintenance, whatever. We're down to one engine. We don't have that other engine the other station to bring you in to staff. So with this, that'll guarantee us two engines at all points. Um we're also working through putting addition on the arscape station which will move our students down there, resident volunteers down there, and start staffing that station. Um, what that does for Canon Beach is now I have another engine that's down most all the time. And so it's that move at that second in engine. It's the second call. Um, there's 7 minutes delay versus waiting seasite or call back or any of those things. We have that other engine staff. And so um, we're in the process of right now of the retrofit. We did a seismic grant for it and then getting through the addition. And so hopefully we actually breaking ground enough here about 3 months to start that uh construction and then be six months construction starting at uh

any questions. Anybody have any questions? Anything? I um I would like to say thank you and as a business owner um collects the food tax. Um [clears throat] and I can't speak for all of the businesses that do, but I know that numerous of us um absolutely supported fire through the whole process even though we were opposed to the food tax itself. So, thank you for all you're doing for the community with those funds, sir. Thank you. And thank you for your guys support doing it. It's really big to us.

Thank you. Okay. Thanks.

Okay. Next on the agenda, we have the TFP. Mayor, council, thank for having me. Jeff Adams, community development director. Uh, this is about transportation system plan downtown and Midtown on street parking striking project. The transportation system plan was adopted in 2023 offering the city guidance for transportation related projects for the coming years. for TSP to offer 58 strategies and improvements ranging from parking management and roadway improvements, trans services and facilities improvements to bike and pedestrian facility improvements. Um, at the beginning recruit, city council gave uh staff direction to investigate step one of the parking improvements and park uh management one stripe one street parking stalls in downtown uh through uh seven and eight uh other department strategies there. And so, um, I gave you a little information or data from the TSP in in a section of that you as an attachment to your staff report. Uh, just to highlight that according to the TR transportation system plan, there are 405 on street downtown parking stalls and 26 on street Midtown parking stalls providing 621 on street parking stalls. um staff went out, we uh gave you the map that showed the kind of pertinent areas, but it should be noted that a large percentage of Canon Beach's right away is currently off limits to parking due to no parking designations due to

safety, proximity to intersection, loading areas, other reasons. And the majority of the rideway that remains open to parking is along the shoulders of streets where gravel is not conducive to striking. Uh I also placed Folson asphalt maintenance uh estimate in there for H,300 W for uh the striping uh project. Uh currently uh we're around $33,000 annually for striping in the city and that's done every spring. Um, I asked um Chris and and the public works and they said that they would ask for their increase if this is done and so that would bump it up to around 40,000 for how much this would impact the city. Um, any questions?

Who did the striping out in front of the post office? Do you know? I think that it may have been apples. I don't know who whoever did it last year. I would have had to shepherish Christine when that occurred problem buzzing me now but um it um and I I brought this up maybe two years ago now in a public comment but if you go look at the striping the LA it's there's two spaces and the back space that's closer to Mariner Market actually goes into Mariner Market's approach um that that's a problem. So, we want to make sure that when we

when we hire someone that they that they do their job properly so we aren't pulling our car up and having somebody smack it on the way into the grocery or wherever if you have uh you know you uncover those types of things I'm sure send those to public works and they'll get to that and put that on their kind next time they do it. Do they do that? They actually figure out where the striping goes.

Yeah, they'll measure it out and do that. I gave you some examples in there, photos. Those are from Anzena just who recently striped theirs and the T's and L's to strip their street department visit and that was part of their transportation was complaining as Other questions or comments? All right, look forward to streaming.

Three blocks wide drive is Yeah, I know. I was surprised myself. I mean, I drove it a couple times myself and then I moved forever and you know Chris and we were sitting there saying how surprising how little is heard and able to subscribe. I know that much probably less than half but I was just surprised that so low. Yeah. All right. Is that it? We here. Okay. Yeah. Thank you. Sure.

I just think that u we should be looking at what's next. Okay. And [clears throat] and there's some, you know, information in here about timed parking. Um I'd like to see us move on some downtown timed parking. You know, I I project Yeah. [clears throat] And you know, rather than just making all downtown time parking, it just seems like we could do this incrementally, rather than saying, "Let's get another parking study." And, you know, then it's

two years down the line and we're still making decisions. I would love to see us move forward with and probably some more really shortterm spaces because, you know, people can't pick up a pizza and they can't just run in Mirror Market and grab something or run into the post office and grab something. So I think some shortterm and then some [clears throat] of the midterm and three hour limit thing. I'd really like to see us move.

Well, if we're going to move forward with something like that, we need to have a full road discussion with enforcement about how that's going to happen because I know I know for a fact they don't have a capacity to handle the the kind of partner that we currently have. There's pretty frequently. Right. I know some people intentionally park their time the entire day and have never gotten paid for it. So don't have a tune. How do we know? I would say that

how do we manage that so that that doesn't happen in a way that's manageable for our important to be able to handle because it's if if we put additional requirements with no thought of how boots on the ground are going to actually then it's just trying to magic happen not I'm not opposed to getting it's just how do we how does actual like divorce. I

I think it's a conversation, but I don't think it should be something that both is bad. And you know, I don't know about you and other cities if you are tense at all about parking in a limited time parking spot, but I am. I don't I don't risk it. Uh I can't imagine most people would risk it, but it sounds like some people don't. And maybe I parked in the 15 minutes spot and and then gone a half an hour or two. So I can Yeah, I can bring I'll bring something back in June. How about that? Let's just quarterly maybe get on that time schedule.

Well, one thing I think that we need to think about with timed parking the signage and and what effect that is going to have. Um, I know that there was a lot of um I'll use the word hubba the last time that um parking signs were going to be put on the main streets in town. And so we just want to make sure that we're really really cautious with Yeah. Um littering the town with signs.

Is they appetite at all? And I'm I'm not saying they're avoiding it. I'm curious. There's big talk about, you know, something like parking kit. You know, it's not like you have a meter in each. It's like they have in Portland. There's a stand one on each block and you have your credit card and you have to go and put it in and it it keeps track of where your license plate your car goes in and then it does everything pretty much after that. Um there's no meter made. It's the parking kitty electronically by computer takes care of all the you know but I I can't I'm just curious if there is this is that anything to anyone who's interested in exploring or not.

I wonder what the cost for that is. I mean don't know. It's going to look pretty ugly. Well, what if it was in parking lots and or you know in big time town parking lot or something like that when you have you know gifted pay to park for four hours at a time. I mean, I don't know, but an idea. We can just bring you back at the next step, you know, maybe some pathway of going next and then look into each one of these signs, reinforcement, the these systems, this kind of parking management system. I don't have an idea.

There's all I'm sorry, Lisa. Um, there's also apps now, right? But that's what Kitty is, but they don't require a kiosk for it. It's just goes on your phone and you scan your stuff. That's smart does. Oh, okay. It is an app. Okay. Yeah, there's there's a random number of kiosks to hand to handle the people that don't have the accessibility on my phone. It's not my regular space. They're Okay. Yeah. Like a lot of people don't or don't know how to use them. No, they have to do something else. But there's it accommodates both. But the app makes it super easy. Just click, bam, you're done. Nice. You know,

yeah, you your question is, does anybody else have the appetite? And yes, I have the appetite. I I think eventually we need to get to know how much it costs. I know it is. The one in Portland's called Parking Kitty, but kitty cat. Oh, you do? I don't I don't know whether that's something we want to do for like downtown streets or whether that works just fine parking. Um but yeah, I was in Portland yesterday and used it that's fast and easy and especially for a lot. We've got one

one little meter to handle the entire lot. uh we just need to be prepared then for what the spillover is and that's where it becomes uh to you know we need to be ready to react with uh maybe residential permits when if we start displacing people right I don't know if partners you can accommodate that as well um if you had your license plate registered as a resident I don't know they used at the student and it's really successful there parking Portland suit.

Just as soon it's really easy when parking. So you'll do all that research for us. Thank you. Be back as soon. All right. Thank you. It has been three years since we did the uh transportation system.

Okay. So next moving right along with transportation we have ebike rental regulations. Thank you, Madam Mayor. For the February 10th meeting, council reviews proposed revisions to the city steel. Um the following is an interview or following is an overview of the revisions requested in the February meeting. Number one, we removed well as a power of output of not more than 1,000 watts from section 10.08.010 definitions. The second is added under section 10.12.027B 027B that all businesses engaged in the renting of ebikes shall one be licensed with the city as provided under chapter 5.04 of the Canon Beach Municipal Code and two limit the number of ebikes available to the public for rent to no more than 10 ebikes and I believe that's per location. Hey, any questions, comments?

How many bikeal places do we have in town? Like Yes. Yeah. At this time, that could change. [clears throat]

We'll cut it down. I think this is a good way to dip our toe in the water and and you know I hope and encourage uh less driving uh I know people are concerned about safety but I think it's something that we need to I don't know we need to encourage pedestrian and bike rather than jumping in the car every time we need to trip down, right? And I think it helps get us a framework for regulating ebikes as a whole. We need to go down that route of

stuff. Again, that turns into how you identify certain aspects that anybody as an officer is racing or whatever sort of thing. But but I think this gets us going down going down that path towards being able to regular Poland people driving around the world. And where are we at? This we didn't address anything about rental ebikes on the beach. Ebikes are allowed on the beach by state law. can't. Yeah,

we could talked about we actually talked at the next meeting about having um some possible language saying that uh a rental place within town should not be rent should prohibit riding on beach and we didn't do that. house which has been for her and state parks. Yeah. Is that by eliminating ranchers in town from your life beach? How is that state park? I'd rather have her because I

Good evening. Hello council. I did not hear what I did not hear what Jen said, so I don't know if she can speak to a microphone. Is that possible? Can you just give us the reasoning why we can't have that in our ordinance that they can't take the bikes to the beach?

Evalling off the top of my head. My thinking is that can't tell them what they can or can't take to the beach because we don't have jurisdiction over it. But we can say you can't take a bike up to the line where the beach starts, the vegetation line, which is very similar to what we put into the burning code updates.

You know, D, that doesn't make that doesn't make sense to me. And the reason it doesn't is because if you are renting a bike in Canon Beach, I don't see why you a bike is going to take a different kind of hit being driven on the sand than it is on a city's street. So, you're protecting your own bikes and saying we don't want our bikes ridden on the beach. I I don't see how that's interfering with state parks. It seems to me it's a a prohibition against, you know, screwing up your bike with bunch of sand.

Well, but that's that's for the private entity to put in, not for a jurisdiction or the city to force them to put into their own contracts that they have between them and and their renter and and I don't see why we can't do that because we rent the fund cycles and they're not allowed on the street, right? But well there there we don't we have we have a prohibition on cycles in our in our current code on the streets right

but because we managed because we have jurisdiction over the streets but we don't have jurisdiction over the and I you know we all know we don't have jurisdiction over the beach people can ride their own ebikes on the beach but it seems like we do have jurisdiction over the businesses in town and if we're going to allow them to rent ebikes. It could be with uh the expectation with the requirement that they're not allowed to be on the beach. That's I don't I don't get why we can't do that.

I disagree with putting that restriction on the business. I think the smart business owner is going to do it on their own. I agree. And I I think that we're overreaching by by writing it into our ordinance, but we can surely recommend. Plus, this could be if it becomes a real issue, we can we can always take it away, right? Yeah, I agree.

No, some of the letters we got actually were people who were concerned about ebikes on the beach. if you couldn't take it from a rental place in the city down on the beach, you're you're reducing the number of ebikes on the beach, you know, or potentially reducing. And that's why I you know what I meant was that are you okay to have the the shop owner be the one that's responsible for that? We really can't put it in our ordinance. Yeah. I I'm not sure that I haven't heard I mean

Diana says it's overreach. I'm not I haven't heard uh you know from an attorney whether it is overreach. I think that unless I could visualize what this language says, it it's a little bit contradictory in my brain that we would sort of pass something that is so specific to the rental of ebikes and not necessarily to ebikes in general. So, um, I'd have to see it to know where the line is, but I still

it gives me heartburn thinking about sort of prohibition of something that is otherwise allowed um if you aren't a rental company. Uh, I mean, we've heard from the rental company and, you know, uh, he said he would likely not allow them on the beach, so they would could restrict themselves. Um, [clears throat] so if they could restrict themselves, it just it seems like that could be required, but you can't. Yeah, because you don't know another rental company might open up and want, you know, advertise fun on the beach on your ebike. I'm just saying that people have children running around the beach. They have dogs running around the beach. And I just can't see how having more ebikes. I I I would love since we can't limit, we can't say no ebikes on the beach. It's not our jurisdiction. I think that possibly if we regulated the businesses in town about renting on the beach then that might possibly reduce the fellow here in town now probably you know he's he's very good at self-regulating etc but not it doesn't say that next year someone else won't come in and think it's a great way to make money I mean

or we could see if this is a problem and you know it may very well issue issue because they may regulate themselves. Um but but once it become once somebody decides they're going to do it and they're going to advertise for their business that they are renting to write to ride on the beach. What fun it is to ride on the beach. It's really difficult to go back and take that away from them because they came in with a business expectation that they could do it and then all of a sudden you're saying no you can't do it. Well, that is taking away their expectation when they open their business. So I think you either have to do it up front or just don't do it and just have

I think if we walk through sort of that enforcement that might be where I'm getting caught up would we be enforcing against the business? Would we we be enforcing against the person um who's riding the bicycle? If the business owner was unaware that they were using it, should they force against I would we'd have to work through a lot of sort of those legal um quagmires um to make sure that our code doesn't somehow [sighs] I think of shopping cart ordinances so so we don't end up enforcing against the business owner. when they, you know, it wasn't their intention to allow for it. So that's I want to we got to be careful on that. But I can certainly come up with something if that's if that's what the consensus is is let's see what options there are.

Can we do a roll call? Well, I'd like to look at it. Yeah. I don't um we're in a work session. Yeah. But let's hear let's hear what you think. Well, I said what I agree with Lara. I I don't think that that's something that we need to write resources and I think it's going to be [clears throat] too hard to enforce and review it at a later date if it becomes public. I I agree the same way. There's hundreds of ebikes daily on a beach right now. And with a restriction of 10 10 pipes

from at absolute maximum. If every single one of those people despite what uh the render the rental operation says if every single one of them decided to go against what his wishes are on the beach that's 10% or less increase of total ebikes on the beach behaving in the same way that ebikes are currently are going to be giving on beach. also be issu addressing it if it becomes an issue is more worthwhile than addressing it trying to preemptively write additional

code Joey so if we didn't put it in preemptively and we allowed rental agencies to rent bikes to to ride on the beach and a new company came in and they were renting ebikes and and even advertising that this is fun on the And then we come in after the fact and say, "Oh, no. We're changing our mind. We can't rent." Isn't that more difficult than doing as legally and for the business owner's rights? Really, isn't that more prohibitive than doing it in the beginning?

I mean, generally, yes. It's always better to start small and and expand rights rather than restrict them later. Um, but something I just thought of is how how are we going to stop people to check the bike. Um, so we're now we're searching seizure land and um, you know, are we just going to know which bike is which when we see somebody on the beach? How would who is going to be the enforcer that goes out and says, "I need to check your bike license to make sure that this isn't safe." There's just a lot of issues that

that's I that would be mine as well, Jody. I just don't see how if anyone else in the city can have a new bike on the beach, how how is a code enforcement official or officer to be able to identify if I run bike versus a regular bike person? I just don't know how that will get improved and you know not to not to bring up other than state stuff that it just from an enforcement perspective seems a very daunting task. Again, I I don't know that the enforcement is the is that critical of a task in this

if the bike looks a certain way, the rentals have all lime and green bike or you know, I mean, I just think it's up to the business to be part of their rental agreement. Don't not write a a code because some people might break the law. I mean, you know, you and you can't do anything about that. So then we have to write into the code, your bike has to be lime green with purple polka dots. No, that's ridiculous. But that's the only way you're going to be able to enforce it. It to be able to completely set these bikes aside from all the other ones that are out there.

Enforcement is not necessary. It's the business that would put the restriction on it. If people want to break it, then they can deal with the business. If the business wants to say, "Hey, there's sand all over everything. You're ruining my bike." So, but that's for the you just said it. You You absolutely just said it. That's for the business to do, not for us to write that in our ordinance. That's what you just said. How would it be enforced? That's that's against my question. What's that? That then how would it be enforced, I guess, is what that's my question. It's not it's not enforced. What's the point of writing? If somebody

if somebody rents a bike and they sign, you have to sign something and they agree that they won't ride it on the on the beach and they end up doing it anyway. Well, if they choose to break the law, just with parking, the same issue. You can't enforce all the illegal parking around around the town. That means you does that mean you don't write parking ordinances because you can't enforce it? There there's there's an enforcement plan though. We have officers. We have we have the bike the bike. Well, just don't have enough. Well, it's the same. It's the same plan for enforcement though. As Gary said, there's no there's no reason for enforcement. There's no reason for enforcement. No plan for enforcement. There's no reason for a code.

The bike renter would would ask these people to sign something saying they will not ride it on the beach. And that's how we're going to start out the ordinance and we will review it. It's going to stay in here right on the beach. No, that's the bitten that's what we're hoping

and I think I get really tired of talking about these things or you know ad nauseium over and over. We bring it back and we bring it back and we tweak a few things or we argue about it. I just [clears throat] want to see some things happen. Um, so I'm, you know, I'm hearing three people saying we should move forward with the ordinance. Um, and I would support that, though I think my my feeling is it would be a big deal to uh to restrict it, restrict rentals um or require the rental company to uh not permit them on the beach. But I I would like to not argue about this. And yeah, and we have other things. We have other things to talk to you about.

Yes. [laughter] What's the next agenda? Are we okay orientation? Yes. Um and perhaps that by owner could be um invited to the meeting so he could maybe explain how the person could explain the plan for writing it out what kind of what we would appreciate. Yeah. What we would appreciate. Okay. Moving on. [clears throat] Yes. Jeff Adams will discuss the municipal code chapter 820.08.

Yes. Thank you for having me back. Uh this is the intent of ordinance 251 and 2601 were to amend the burning code so ban the burning of yard debris and household waves. Ban recreational fires and short-term rental properties and increase [clears throat] the violation penalty penalty. Uh we made some amendments. uh brought back from the last time. Uh uh and you'll see those in the uh blue sections on on my version, I don't know your version, but yeah. And then uh then on the we also inserted because state parks uh wanted us to clarify that on 80820 beach fire standard beach fires west of statuto vegetation line under OPRD's jurisdiction beach fires in statuto vegetation line shall comply with following standard. So we also added that language in there. Um and then uh just kind of uh some the uh other section by the recreation of fire. Uh it noted earlier in some of the public comments you know uh that as if this you know language has is kind of newer. It's been since 2023 we have been discussing short terminal rentals and banning fire. I mean it started when I was here. It was at a short-term rental task force meeting the language was brought forward. So, it's been going on for a while and I know it's been at various uh of the committees have also had it on their agendas. It's been on your own agendas quite a bit. We put out letters and notices to short-term rental owners and operators and notified them of this. So, this has been going for quite some time and I know we have brought it back and

forth. you guys would just editing this language again and again to try to get it as uh you know as much to your all's uh wishes as as you want. One thing this is this is what our intention was to permit recreational burning of propane fire.

Yes. the way this is written and I agree with with one of the people who spoke that it it's because it says recreational fire does not include heating appliances that use propane for some reason that that is there possible just to stick in a word that says recreational fires do not include fires that use propane you know rather than just heating it sound like I'm using it to warm yourself, to heat yourself up, or to cook. But it doesn't sound like in that language, it doesn't it may not be clear that a recreational fire does not include propane.

So, it does seem like we could clear this up just with one word. Just one word. Adding in one word. Recreational fire does not include heating appliances, fire or fire pits that use propane, natural gas. Yeah. So, let me solve that uh that confusion. So, so are you saying though uh so it's just by the the propane fire uh not to get the one starter with propane? No propane fires were allowed by our intention. They don't put off the smoke, right? That's what we're Yeah. So, so

you can amend that. Uh, you can suggest that in your motion to approve with this amendment. Just adding in the word is going to come back another meeting, right? That would clear up I think for the people who thought we were banning. Yeah. Well, technically we were, but this is an amendment, right? Yeah, that was not the intention of the other the other two we had this in front of us. Um I have a question about the um you requested um the rest of statuto line under jurisdiction. Yeah.

Does that in my mind doesn't that make that entire 08020 entirely move and we don't even need to make reference to? No. There there are parts of we we have beach we we have beach that's east of the statuto up in the co of that area yeah of the creek area that's all okay it just I mean there's something like small min

seems like essentially makes it move because in within that area that's there's there is no area that's 25 ft away from vegetation or there there is no there is no area east of the session vegetation that has an unclear space yeah I mean I can't visually but I believe so I pulled it up there's quite a bit right by that mountain but I think you know there's there's people down that area right this part of this freedom still. I was just looking at that maybe was that make that

they have their own firearm standards as well the state. So, you know, you guys

I still have my apprehensions about this where we, you know, there are some instances where fire pits are a nuisance. uh and particularly on rentals because they're rented regularly and everybody who comes down wants to have that fire and it's a nuisance problem and then it becomes a well what do you do when there's that nuisance. There's no real way to uh enforce that. There's no amount smoke that can be measured somehow to uh say okay no this is a problem and we need to deal with it. So, we've gotten to this point where we've decided that we should uh limit them at all. And I think that certainly sums up I would people are asking why we've ended up here. I think that's why because there are some nuisance fires and there's no way to just deal with them on a single basis. Although I still have my apprehensions about it and sympa sympathize with those who have fire pits that you know are used occasionally and it's uh and I don't know what to say about the uh the panels using the fire pits on their own property

when when the owners are there. Right. Yeah. Uh I mean [clears throat] it but it's I mean

that's see I I would I had still have opposition to this in in general but the come back to enforcement the how do you enforce if it's a render versus the owner in the property. That's that's how that that came to be where it's at now is that you can't like on a regular basis know that it's surrender or family surrender or something that's not non monetary versus the thing. So in terms of that coming back back to enforcement, how do you Wow, that's coming up a lot.

Without um [clears throat] without it being too much of a burden on the owner, would it be possible, This is going to sound rudely, we're discussing. Go ahead. Um would it be possible for them to maybe apply for a permit? like we're gonna be in town for two weeks. The owner, you mean? The owner. We're or just, you know, an advice. We're going to be in town for two weeks. We want to be able to use our fire while we're here.

A fire permit exists currently as a document on the city website.

So, so that might be an option for the owners. and still um keeping it taking the fire in the Kindle sense away from the the shortterm for the short-term rents for the vacation rentals. I mean, the way this is written, so that might be I mean, unless you were going to go and put propane in or gas, which is going to was is going to be approved. Correct. I mean, that's the way it should have been to begin.

Um, but I mean, that might be a workaround for for some of these families that, you know, have these traditions. They can apply for a permit to burn a fire and you're fine. If they're an owner, if they're an owner at the time that they're bound, not your third husband's wife, your ex-wife, maybe. [clears throat] Oh, do you know who that is? I mean, I don't know that I don't know if that's too or not. Well, Eric said there's already a fire permit application on

you have to change the change purge and make application of that. So just hypothetically offering language would then have to say without an active number five 8830 recreational fire standards A5 would switch to recreational fires are per prohibited short-term rental without an active permit. Uh but I would have to say and this is just me uh that you would you would require uh owners of record. Okay. And those owners of record could only be you know I would say two uh and they would have to show an ID or enforcement because just like you said some of these are held by trial and things like that. uh how do we know who's on that trust or the enforcement officer that is for so you'd have to they have to kind of pre-register these are the two names for that short-term rental permanent uh property these are the two forms of record and then those people have to be on the premises to get that permit

and it would be the permit would be limited to a time period when they were going to be here I I would object to my favorite spot. I can I can grab that language and then let you guys look at it after. Well, look at it also. No. [laughter] Is there any way instead of bringing this back to forward session language and have a regular session so we can make a decision?

No. I don't think we need to

put it in. But we're already on track to pass this by 2027. [laughter] How many days, Barry? We're passing it before 7, but I'm going to go leave and come back. And but there is a lead in time to this, right? Yeah. And when does this start? So the current language goes into effect on May 1. And then this new language has to have at least 30 days before it goes into effect. So if you guys vote on it on April 7, it would go into effect.

And thank you to the property owners who got up. Thank you. You're going out with smiles on your faces. That's a good Okay, thank you. Okay, that's we should have a short public. Oh, council meeting and national.

Yes. Um, stole my time from what I was going to say. Chief Rob Schultz will discuss the annual conflict between our August city council meeting and police nationalis.

So this is my se third year doing this. Um uh national night out is held annually on the first Tuesday of August. Um, this nationwide event promotes police committee partnerships, neighborhood commod camaraderie typically featuring block parties, cookout, safety demonstrations, is designed to foster safer communities and has strengthened relationships between residents and law enforcement. Um, council traditionally meets on the first Tuesday of each month. Uh, the anticipated move to the new city hall is scheduled for August. The police department will meet the chamber hall for their event in 2025. Council held their meeting on Monday, August 4th, which allowed council and staff to attend National Night Out and resolve the hall conflict. My recommendation would be to discuss options for uh the August 4th 2026.

Is the chamber available on November? It was the staff put together. Is everybody okay? I'll be out of town. I'll save my $5. I think she's talking about the Monday meeting. She's coming over Tuesday. Yeah, I'll be there. I'm not real happy. Actually, I will either Monday or Wednesday. Yeah, both. I can do Thursday. 8 at six for now. August 6. Okay, sounds good.

Good. Thank you. Thank you very much. Look forward to it. Favor good weather. Okay, that's on the agenda. the home property we request Mike Holland um to speak at tonight's meeting materials to find the letter from I believe

thank you very much back tonight with this uh request And um I've spoken with Clay. I don't know if he he's gotten back to you and I heard, but I didn't see that. Corresponded with Clay and the city attorney and Clay knows we're good.

Okay, great. Yeah. So, we're just hoping that you'll take staff recommendation and um you know, I think talking it through with Clay, he understood uh some of the issues that he brought up and they were good issues, you know, but I think uh I think we were able to come to a consensus there. the reversionary clause. I just want to say it's really kind of it is at the heart of the whole matter because uh not not now but at some date in the future if if the city uh in 50 60 years decides to to change the deed uh or to change the use of the property and use it in any other way than as a conservation that this would prohibit that because North Coast Land Conservancy would be the recipient of the of the property at that point. So,

okay. You said you talked to Clay today. He's he thinks that that's the that contract is great or it is. That's not what I that's not what my understanding is.

Great. Um he emailed us. I sent it to Jody. Jody reviewed it and didn't think that we had issues that um were outlined in place email and I notified him of that. Oh, okay. He doesn't He still has the same concerns he had before. He has not he didn't say that he thought this was good language. He said you you think we think it's good language and Jody thinks it's good language. He does not think it is. I just want to make that clear because there was there's a couple things that I think need to be changed. There is one thing that Ortho requested today that um that the city attorney looked at and they weren't mine is it just was language about um the the seller and the buyer the seller is confusing but the um seller being Orca and and in the language here it said and and that we would be this but we're not once this uh is assigned to Orca we're completely out of fundraising then you know it goes to Orca only and so that that was a change that we did make today. Well, there's also a revisionary language that I think has to be changed, and that's that in the event the North Coast Land Conservancy is no longer in existence, is unable to serve or declines to accept the interest at the time of reverter, the seller's interest shall be assigned to a successor nonprofit organization selected by a court of common jurisdiction, or you could say selected by, you could pick who you want selected by whose primary mission is the protection and stewardship of natural much worse to various that's boilerplate language that was put that when I

that's fine that would be great and our goal is to make sure that is protected in the future that's this isn't made up it's put in bylaws no I I agree we went back for uh NCLC because I I said NCLC or their assigns meaning that if NCLC wasn't around then they could assign somebody else to be in their position but if you have this language for sure does it. Oh, I'm sure she does. Did you have

So, I have So, I um Tim asked me to review it to review Clay's comments in light of the fact that Heather's still absent. So there were a couple changes, mostly just formatting, grammatical things, but generally speaking, I understood most of Clay's comments to be around scope. And because I was not privy to those conversations, I didn't want to interject myself into that, especially since I've never talked to the sellers. So one of those specific pieces was the reversionary interest. I understood that that was a negotiated term between the seller and the city and so I ultimately it's the city's decision to to agree to and I was under the assumption that the city did.

Well, it sounds like we're here and we can agree on the language we just presented. So, can we make that change and move forward? But what happened with the plan that we were going to wait till the real estate attorney that specializes in real estate on the city's behalf came back and reviewed everything. But she's already agreed to all of this. This was this and Tim, you know, this was all worked out with Tim, Larry Propen, and and your the attorney that you're referring to. But the question but that she has not she would never have let that lish not included that Irish

real estate never let this this is what we brought forward at her you know blessing because we worked with her we worked with her on this and Tim I'm sorry if he's not here but he would u that's why he was recommending approval because he was in the middle of it so and and the thing is and Clay mentioned this to me the other day was that we can make changes uh and you're authorized to sign, you know, without having to wait until April meeting and then we can authorize signature based on certain changes that we have to negotiate through and this is we're totally open to this.

What's the name of the real estate? The editor Martin. Heather Martin. So Heather Martin negotiated this. Yes. after after listening to our discussion with the questions we had. She hasn't been Clay's Clay's questions have but what he's recommen I'm talking about the discussion that we had at our meeting raised questions that our real estate attorney has not addressed March the March 3 meeting the March 3 meeting that that came up after certainly there were questions and and you know we have them here and we're happy to discuss anything that you have a problem with

but we we need our real estate attorney Will she the question is will she be able to insert the language that Lisa's recommending which is fine and but those have address all of our concerns you know there was there was several concerns actually I'm happy to to discuss it we we just need to incorporate it at all possible so you know and what Clay recommended it was that um you know we can make these changes this and then then you're authorized to sign it if there's other. Okay. So you would make that bring it back to us. No, I think right now we can

we're not in during session work session. So the other one Okay. So that's that boiler plate language for your burger. It's just standard. And then the other one that I was concerned about is for authority. That really that really bothers me. So I'm sorry where where what's the 7.13 in the contract? I don't think about the contract 7.1 7 1.3 proof of authority

proof of the seller's authority to enter into this agreement. In other words, the idea is is that there are several people involved in this negotiate. I mean, you have family members, right? You need to have some kind of proof that every family member who's entitled to be part of this transaction is agreeing to

Absolutely. And we're all on the sales agreements. My brothers and I, there's three of us who are trustees. The other four are they're with us tonight. They're on they're listing every word and they're all on board. So, uh, no, there are three trustees to the trust. We all sign sales agreement. That's Well, there's seven family members, but only three trust. Correct. Right. That's how my just is there possible to have an affidavit signed by all of them say that they are in agreement with this? No, the three trustees will be the the signers and that's how we've signed every legal agreement that we've had since we came to

Could that be indicated on this sheet? No, it doesn't says trustees. Yeah, it says here I'm looking at it 7.1 3.3 if witness thereof. Okay. Does it say anywhere in here? Does it assure that the that Lauren Hond Steven Hond and Elizabeth Hond are the Is there anything to indicate that there's no other trustees, no other people who are entitled to sign this?

Uh there certainly can be if we wanted the case. That's that's just a matter that's that that would mean finding the legal document that originally set up the the trust the trust um by her parents you know 20 years ago. Okay. just could be attached or something just not just as a a piece of paper assuring us that there some how do we know that some sister isn't going to come out of the woodwork you know 10 years ago say hey I was entitled to you know or I didn't agree to that or just just [laughter] that's what you do in a contract you have all kinds of

wellision trustee though the trustee does take if there were one trustee it would be the case the trustee takes the authority for a trust and that's that's how we've operated now for but is there any we can certainly a piece of paper just saying that you have the authority to act for the trust that yes that's all right I mean I'm not saying I don't trust you guys but I'm saying that that's usually I'm surprised by this contract

I they never came up and believe me we went back and forth many times on this on this document this was not I really want to see this happen. I want to see it happen. I just want to make sure that the city, it's our job to make sure the city is protected. Certainly. And and that's all I'm trying to do is just get the language a little more. So did agree to this. You know, understand that she did agree to this to the sales agreement the way we city on the third. That was it. But but she didn't hear our discussion of That's right. And that's my concern.

Okay. So you you want to wait until she's back, right? And that's Yeah. She's back, right? around the end of this week if she stay. Oh, I thought she would have stayed at the end of the she could she for her to you know you think I don't know if I misunderstood. Jody, is she back the end of the month or the end of the week?

No, I I think I transcribed the numbers last time. So, she's back on the 12th. She is in Portuguese right now. So, she venturing a guess she's not going to be up for working on Friday. Um, she might be a little jet-legged. So, don't expect a response from her until next week at the earliest. Um, but I can confirm that she did review this document and and has been working with the seller. So, I do want to confirm that. Okay. And that isn't our concern. Our concern is our discussion at the March 3rd meeting where we brought questions that we would like her take on.

I I have sent her every email that I've sent Tim on this so she sees my comments on Kate's comments and she'll have her own comments to add, I'm sure. Have you covered everything? I mean, let's make sure we got this so we can get it done. I'm not. What I would like, Bruce, if you could forward the letter Clay sent you.

He sent you a letter where he referred to every single little, you know, number 1.3.2 one. And the only reason I have that letter is because I requested it, you know, but I think I thought no contractor margins. No, that's not what I'm talking about. I'm talking about when he actually, you know, lays it out a little more full and and so if that could be sent to the attorney and she could have

Has anybody seen that besides Lisa? I've never seen that. I haven't seen I did talk to him yesterday and he just he you know I I see he still had concerns but and yeah I think but his again his his uh recommendation was that that we make the changes and and u in your authorized to sign. Yeah. It just that this is hard to read because it's written in the margins and he had other you know like this capitalized to earnest the earnest money. I mean there were they had so he sent to another doctor. No, we just talked on the phone. Oh, okay. Yeah,

he has he has a one pager that he sent out or he did. I thought he he sent it to Bruce. I thought I received an email. It was about a half page. Um I did send it to Jody and I believe that she or they were talking about it and but I don't remember a documented painting with notes in the margin. I no that that's what I have here in front of me. That was what you guys have received. When did you receive it to you're talking? When did you receive that email? Sure. It must have been today because he hadn't sent it yet. Yesterday So it was last week.

Last week. Okay. Make sure I have something from and and they see but also the number. No, he's going to send it to us all. Okay, good. Including you. Okay. Is there time for Heather to review this, make changes based on this, and come back with a recommendation so we can uh get this thing approved. Yes. April 7th. February. February. Is that that's the next meeting for the next meeting or April 7th is on April 17th unless if you have another meeting before April. We don't we don't we don't

the concern I think for the family is that there may be another delay at that point and that's why we wanted to be here tonight because we just don't see and we understand that

and we believe me we don't want another delay. We'd like to move hard as well, but we I think everyone who's council would hate to see this happen. So, I I don't I wouldn't worry about there being another delay on the 7th as long as there's communication and and all of these things get sent to everybody so everybody can see them. and and Orca because I had been getting a communication to our attorney that Orca had reached out to to Larry Buckman and uh and uh they didn't they they did want the the one wording change about the seller you know that we will not be uh is the is the um seller we're not

and the rever that's yeah that's fine anything that strengthens that is because that's that is the goal and and be applicated.

And I I do have to say though that that MLC will want to see it. I mean, you have to, you know, as we they have agreed to the language that we have right now. And that was a back and forth between and so they if they had any concerns about that, which I don't know what they would be, we have we would have to go back and make sure they're okay with it. So, we can do that right away, too. I'll do that tomorrow morning. Dr. John Yeah, I think everything that he said was said from that in this just read Sandra. It's pretty bad. So there's nothing these were the these were his issues. Those haven't changed.

I don't think there was anything in here that you know I was concerned about with avers because we have been so but if it's strengthened that's great. Yeah. you know, and if needs to visit it, then that's really great because that that would be the only issue. They have their, you know, they wanted it not public domain, but open to the public or something public because that's the goal, you know, that people can go out and and I hope you've all been up there. Has everybody visited the hill? Have you been there? I come straight. You've been up one. Yeah. So that's

I'm really sorry because this is taking longer than you want, but I I really think the next meeting will be if if the changes are made that are deemed necessary by the real estate attorney, but I think all of us Well, of course, our real estate attorney has this over carefully and he's a free. Thank you. Thank you very much. Thank you very much. Appreciate it. Thank you. Thank you, Helen family, for your patience. I apolog I apologize for approaching Rusty in the middle at the beginning of the meeting.

I just want you to know that from an optical standpoint when when you're looking at it at home. Jody Jody takes up, you know, half of the screen and you guys are all squished together. That's okay. She [laughter] better looking [laughter] what you have is I think you may have on I've been asked to send that to everybody and I don't have that

on my home computer, our phones, everybody. So, I'm going to close the work session and open the special meeting. And first is the case waterl mayor, council members. Um before you today is uh a request to award a project uh for a contract that's over $100,000 uh based upon our municipal code for procurement. Uh the project is the Haystack Heights waterloop phase 2 project. Um there are a couple questions I got right before the meeting. Sir,

uh no problem. Uh Haystack Heights water loop phase was where we uh looped Haystack Heights uh under Highway 101 with a water line uh just south of Fresh Food. So that accomplished a loop part of it. This is phase two which is simply upsizing some of the two and 4 in water lines that we have to 6 in HDP um on East Shinook uh Deer Place and Co. And in addition, we're also adding two fire hydrants. Uh, one on each and one on the co. So that's the scope of the project. Fire hydrants have a requirement of four or six inch if they can't be connected to a tube.

I don't know. I Yeah. On a big big line. Yeah, I think they're on the six. Sure.

Um, so that this uh scope was publicly bid. Uh the lowest responsive and responsible bidder was Big River Construction from Atoria, Oregon, turning in a bid amount of 359,970 and no pennies. The initial notice of intent was issued on March 5. The bid will not be awarded until the completion of the appeal period uh which would be March 12th. Funds for this project were budgeted uh in the 2526 year with $385,000 allocated specifically to this phase of the project which is by the way the last phase of the project with engineering bidding cost contingency and other miscellaneous costs factored in the anticipated project cost of 423,000 exceeds the budgeted amount in which 38,000 of the water SDC funds will be utilized to make up the It is expected that the project will be completed by July 31st of this year. Uh recommendation uh staff recommends council authorize staff to award the contract to Big River Construction on evaluation of the quotes received for the project and there's a suggested motion that follows

questions. Completed by July 31st, will that impede any traffic? I think similar to the waterline installation here, you're going to go down the middle of those two roads at Haystack Heights. So, yeah, there'll be single lane closures, but not not in any of the main thoroughfare business district. There's no businesses over there.

It's all up there. I just wanted to confirm that. Yeah. this stage of the project did have a contingent contingency uh and so we're using all of that and then still $38,000 short.

So 300 yeah $385,000 was budgeted uh this fiscal year. I'm not sure where that neighbor number came from and how much contingency was part of the 385,000. that after the project was bid out the um and then you add in all the other anticipated costs not just the hard cost of construction I'm anticipating the project to cost with contingency 423,000 so that's a shortfall of 38,000 so therefore we would utilize 38,000 of water SMC in order to make our [clears throat]

is that is it possible that the uh to create by opinion includ contingency or that your the 423 include contingency could come in at your 385 and not get into the 38,000 you see how much contingency

I'm anticipating my continuous so I can't answer the first question I don't know how much contingency was or if any of the 385 that was budgeted here um I'm anticipating utilizing or I'm anticipating 6% of the hard cost of the construction for contingency which amounts to 21,600. Any amount that's not spent on there, if no contingency is utilized, I simply won't take that from the SDC.

Other questions? The the sock are three. They're all they're all the six inch. Correct. And then the restoration of the is part of the form. That's right. I'll move to approve the contract with Big River Construction, Inc. for fiscal year [clears throat] 2526 Hastack Heights Water Loop phase 2 project in the amount of $359,970. Second. Any further discussion? Okay. Roll call, please. Yes. Councelor H. Yes. Councelor Hay.

Yes. Council President. Yes. Okay. Thank you, Chris. Okay. Next. We have the Emily between Rock and Beach. How did you get so lucky? You passed. I mean, she's not laugh. We still got all sorts of things.

Good evening, Madame Mayor. City Council, city staff. Um I'm here to um answer any questions you might have on the city h and the friends of a star. The scope of the miou was um to reimburse the city h for staffing costs for training on neurode diverency um and also admin costs for creating videos for um a more diverse audience. stuff.

Yes. I was This is Oregon. Will there still be money left in the grant to help at the time of the Davis chair? I'm not sure, but I can look right now. Maybe separately funded, but it is part of the It is part of the separate section. Is that right? Oh yes. All right. This was a grant that was received by friends, correct? Yes. And the David chair was a grant was received by direct. No.

Other questions? But you ready to make a motion? I move to approve between friends and hack and hack awareness code regarding the travel organ accessibility. Further discussion. Okay. Roll call please. Councilman. Yes. Council. Yes. Council President Ker. Yes. Council. Yes. Thank you, Lisa. Thank you. Good evening. Good job, Alisa. Thank you.

Okay. Next, we have consideration of the minutes of February 3rd, 10th, and 12th. Any questions on the revision on anything? Uh, I have action on page four of February 3rd. I stated, "What president are we setting by?" And then it says in here, it's one of the last two again.

That's what it is. Yeah. Yeah, sorry. Um, first paragraph, third from the bottom line to the bottom posting by approving a varian case. Um, I said the opposite by by not approving a varian in this case. Other revisions to approve the minutes of February 3rd, February 10, and February 12 meetings as amended. Second, all in favor? Yes. Yes.

Yeah. Yeah. Okay.

Okay. On to good work. Anybody have anything? There was there was that was I would say that which 85% discussion was about elk and ideas about and and and reiterate the fact that people would like to hear from expert in elf behavior to come in and give us some ideas about possibly hazing techniques or other techniques that we could use not noting but other techniques um that could be used to uh discourage the population coming down

right we're that's being set up and it's we're working with press and I forgot the other organization that's being pulled together right anything Yes.