City Council - Regular Meeting

Good evening, citizens and staff. I, Mayor Carol Westfall, do hereby call to order this council meeting on Monday, April 20th, 2026. The time is 7 pm. Roll call, please. Councelor Steenberg, here. Council Angelie. Councelor Russo, here. Council McMillan here. Please stand and join me in the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. It's got their name on it. I am happy to acknowledge. We have an acknowledgement. Drew Hansel, could you please come up here?

Yes.

Very good. So happy to hear to to be doing this this evening. So the city of Clamoth Falls, Oregon, in the matter of acknowledging Clamoth Falls as a 2026 IMBA trail in the city of Clamoth Falls, Oregon. Whereas trails provide important opportunities for outdoor recreation, physical activity, and a connection to nature for residents and visitors. Whereas the community of Clamoth Falls has demonstrated leadership in developing and stewarding a high quality trail system supported by volunteers, local organizations and public partners. Whereas trails continue to um to lo um trails contribute to local economic vitality by attracting visitors, supporting outdoor recreation businesses, and enhancing the quality of life that makes communities vibrant places to live and work. Whereas the International MA Mountain Biking Association, IMBA, has recognized Clamoth Falls as a 2026 IMBA trail for its commitment to trail stewardship, community engagement, and outdoor recreation. And now therefore, I Cara Westfall, mayor for the city of Clamoth Falls, do hereby recognize and celebrate Clamoth Falls as an IMBA trail and encourage our residents and visitors alike to enjoy and help steward our community's bicycle bicycling trails dated this 20th date of April 2025. Thank you so much. Appreciate what you're doing.

You'd like to say a few words? Yeah. Go on this.

Oh, this way. Sorry, this is the right audience, isn't it? Well, thank we very much appreciate the proclamation and we're very proud of the uh trail designation. There's been a lot of hard work put into it from a lot of great partners including the city of Clamoth Falls, Clamoth County, really our two biggest land owners where we probably have 90 miles of trail now, which is amazing to me. uh Healthy Clamoth, Discover Clamoth, great partners and and uh and really a lot of the businesses and and individuals that are funding us that are sweat equity, helping us build and maintain and even allowing us to build trails on their property, small land owners. So anyway, thank you very much. We very appreciate it.

Thank you. Thank you. So at this time we will have public comment and public comment um is a time for citizens to present information to the city and if based on what is presented additional information is needed and or an answer warranted by the city. Citizens will be contacted by the appropriate city staff andor a future agenda item will be scheduled for further discussion. Public comment is not a time set for questions and answers. If counselors have questions, they will be presented to staff or the speaker at another time. And we have one and Lauren Shaki. Shocki, come on up.

Okay. Hope you guys are doing well tonight. I specifically wanted to address some testimony that was given by the police commissioner uh two weeks ago during our previous council meeting. So I wanted to articulate the reason why it is unconstitutional and that is because of a ruling that not just I but plenty of people who value the right to privacy are citing. That ruling is carpenter versus United States of America. This ruling was decided in 2019 sorry 2018 by the United States Supreme Court and it determined that the federal government collecting phone records specifically telematics that means your location and other identifying information without a warrant was a violation of the fourth amendment and the protection against unreasonable searches and seizures that provides. And another speaker really elegantly tied that into flock and a ruling in a Virginia circuit court saying that the police and their use of flock was pretty much directly in violation of Carpenter versus United States. So in this instance, what the search is is it is a continuous ongoing search while you are out in public, while you are driving and passing through the scope of these cameras. If you're able to have four of them, you're able to have a hundred of them. If you're able to have it track identifiable things about a person's vehicle, you're able to have it use things like facial recognition, AI stuff to do biometrics or other things, analyzing gate, things like that. This is this is real stuff that our intelligence agencies use. And it is something where again the search is continuous while you are outside all the time. No probable cause, just continuous. The seizure is the seizure of your personal data to be given to companies like Oracle, like Garrett Langley's Flock Safety, who has no real

concern for how they steward this data and how it is used. And I guess a good way that I could kind of sum up the lack of care that this company has is I I've seen a number of news stories in the last couple of weeks. One of which was that a flock safety uh like team member, a flock safety employee repeatedly accessed a camera that was pointed at a girls gymnastic studio. Little girls, seven years old, 8 years old, 9 years old. They said from the company that the official justification was we were using this to give demonstrations to potential municipalities and other business partners. That's ridiculous. I wanted to address something else that the police chief said. He said, "I have no clue why the state of Oregon would feel our need, sorry, would feel a need to restrict our ability to share this information with outofstate police agencies." That's ridiculous. He knows exactly why. And when he says, "Oh, they said that we shared this data 85 times in January." I have no explanation for it. He's lying. He thinks that you're stupid. And what he's saying is garbage because it is straightforward that if you want to get around a sanctuary state law or anything else protecting us, you can just send it to another state that doesn't have those laws and that police agency can send it to anyone else they wish to.

Thank you. Thank you. Thank you. And seeing and hearing no other forms um up here, we will close public comment now. Um consent agenda uh 5.1 the approval of the consent agenda meeting agenda and prior meeting minutes from April 6th 2026 provided under separate cover and item 5.2 5.2 2, the authorization of a construction service contract with Bully Fence LLC for the wastewater treatment plant fencing project in the amount of $12,7318 plus a contingency allowance of 10,270.

Move to approve the consent agenda. Second. All in favor say I. I. Mike. Okay. Thank you. Okay, sounds good. Um, number six, land use public hearing. Quasi judicial, no item. Land use public hearing. Um, no item. So, number eight, general public hearing. 8.1, liquor license application for EC blend flavors located at 3255 Washurn Way, Sweet 6. Planning man manager Joe Wall reviewing.

Good evening everybody. Um, liquor license recommendation for EC Blend Flavors. I think also I need to make sure I say this correct because there were two different names, but yes, EC Blend Flavors. Uh, located in the plaza at 3255 Washurn Way. Uh, probably all familiar with and drive by on a regular basis, but has a few different businesses such as Chicken Shack, Coupe, Dutch Bros, A Better Way, Cannabis, and others. Uh so an existing smoke shop, it is already age restricted. What they have asked is the ability to sell beer to go. Um so we looked at it. Um the adult business overlay does come into effect, but because it's already age restricted, there's no residences, schools, or parks in the nearby vicinity, um it does not come into concern. So So with that kind of a fairly basic recommendation, existing business um looked at other smoke shops and they do kind of similar sales. Send out notice to neighbors. let our police department look at items and nothing discernible was identified to prevent a recommendation.

So with that, staff would recommend that council recommend a positive recommendation to OLCC for EC blend flavors to have a limited off- premises liquor license.

Questions or comments? At this point, I'd like to open it up for a public hearing. Anybody wishing to speak on this agenda item can do so at this point. Come on up. I just wanted to preempt any potential moral panic around this being a business that sells cannabis uh and would also be selling liquor. A lot of people would think, "Oh, this is already selling one adult product. It probably shouldn't be allowed to sell another. This could pose an outsized threat. What if somebody's going to drink and drive something else like that?" So, my explanation would be that this actually does fit pretty well. I know that there's probably not going to be any deliberation on this, but I I guess I'm saying this for anybody listening online. So, in the 2018 Farm Bill, there are a lot of provisions for things derived from like, you know, legal hemp that's not cannabis. You know, drinks that are delta 8, delta 9 infused, CBD, THC infused, and it would pretty directly match if you're a smoke shop selling legal cannabis products. If you also wanted to sell legal cannabis drinks, that would be in the purview of a liquor license since it's regulated the same way. So, I would support this and encourage the council to accept a liquor license for that business.

Very good. Thank you. And um Joe, um clarification, we'll just quickly clarify because I did mention a few different businesses located within this plaza, but the subject business, EC Blend Flavors, um does not sell cannabis. They are smoke shop. Um, so I believe certain nicotine and tobacco products, but not a licensed marijuana retailer, a better way cannabis in that same plaza. Very good. Thank you. No worries. Um, if there are no questions or comments, I will entertain a motion.

I had moved to make a positive recommendation for a limited off premises liquor license to the OLCC for EC blend flavors located at 3255 Washurn Way, Sweet 6. Second. All in favor say I. I Mike, councelor, he's abstaining. Um, all in favor say I. I.

Any opposed? Number nine, legislative actions. 9.1, Clamoth Advocacy Center, a letter Award for Community Development Block Grant Project. number C250006 in the amount of 1,500,000. City manager Jonathan Tykert. Yes. Thank you, Mayor uh council. So, what this is, we were awarded a a community development block grant in the amount of $1.5 million on behalf of um Clamoth Advocacy Center. So, we were successful in that. We were just notified of the award. Um this would be council accepting or authorizing acceptance of that award.

Okay. Any questions or comments? I'll I will entertain a motion. Just a comment. Good work. I think that's a great thing for the city to do. We need an advocacy center here and they do really good work. And so on that, I'll move to accept the community development block grant project C250006 on behalf of the Clamoth Advocacy Center in the amount of $1.5 million. Second. All in favor say I. I. Any

I any opposed? Very good. 9.2 The authorization of a modification to facility sustainment repair modernization cooperative agreement FSRMCA with the National Guard Bureau for the repair of the B216 project airport um business manager Colin Grandandy.

Good evening, Mayor and Council. Uh this is a a modification to an existing agreement with the National Guard Bureau. Um during the course of construction on building 216, the contractor had identified mold uh and so there is an increase or a change order forthcoming that will be at a later agenda item for their contract. But this uh agenda item is to modify the agreement to uh place the money that we're going to need for the contract modification into the uh contract vehicle with the city and the garden.

Very good. Questions or comments? I'll entertain a motion. I'd move to authorize the city manager to execute modification number three to the facility sustainment repair modernization cooperative agreement FSRMCA with the National Guard Bureau in the amount of 96,634 for the repair of B216 project. Second. All in favor say I. I. I.

Any oppose? Very good. 9.3 the authorization to execute a facility sustainment repair modernization cooperative agreement FSRMCA with the National Guard Bureau for the design of the F-35 munitions trailer maintenance facility airport manager Colen Grand.

All right. Uh this is a request for a new agreement with the Air National Guard. Um, this agreement is to construct a new facility out by the munition storage area. The, uh, as with all the previous agreements that we've executed with the National Guard Bureau, they fully fund the project. The city receives a agent fee for administering the project. Uh, there are no costs to the city. Uh, this would be the 13th uh, or 12th project uh, in our portfolio. Any questions? questions, comments.

Just a comment. Thank you for summarizing again that there's no cost to the city because we go through a lot of these and if you're just listening, it can sound like the city is spending all of those dollars, but we're not. So, thank you for clarifying that again. Very good. Entertain a motion. move to authorize the city manager to execute a facility sustainment repair modernization cooperative agreement for the design of the F-35 munitions trailer maintenance facility with the National Guard Bureau NBG in the amount of 28,000 second NGB sorry oops NBG NGB NGB oh NGB All in favor say I

I I oppose Oh, 9.4 authorization to ex execute a military construction cooperative agreement MCCA with the National Guard Bureau for the redesign of the B333 fuel cell maintenance facility and business manager Colin Grandandy. Um so basically the same thing just a different facility. This is the building 333. It's a fuel cell maintenance facility that uh they are looking to remodel uh in preparation for the transition to the F-35 mission. Um questions

questions or comments? Um I will entertain a motion. I've moved to authorize the city manager to execute a military construction con cooperative agreement for the redesign of B333 fuel cell maintenance facility with the National Guard Bureau NGB in the amount of 1,427,400.

All in favor say I. I count and any opposed. 9.5 the Thank you very much. Author um 9.5 The authorization of a construction service contract with Rocky Mountain Construction LLC for the Ross Raglin parking lot project in the amount of 536,648 plus a contingency allowance of 80,500. and uh city engineer Andrew Leaky. Good evening, mayor and council.

So, the parking lot on the corner of Pine Street and 7th Street, commonly referred to as Ross Raglin parking lot, it's actually a city-owned parking lot. It is used by the Ross Raglin nearby businesses and as well as for special events downtown. Excuse me. As part of the normal maintenance for the parking lot, uh we evaluated the current condition and due to the condition of the asphalt, uh the adjoining ADA ramps, curbing, sidewalk, it was determined that we needed to do a full reconstruct. So, a engineering services contract was made with Atkins Engineering to help perform the design and prepare the documentation. These went out to bid. We received two bids from local biders and Rocky Mountain Construction was the apparent low bidder. The financial impacts, it was a combination of the street department, downtown parking and city rightway funds pulled together to fund this project and the complete rebuild. So, are there any questions? questions or comments? I will entertain a motion. Move to authorize the city manager to execute a construction services contract with Rocky Mountain Construction LLC in the not to exceed amount of 536,648 plus authorize an additional contingency allowance of 80,500 if needed.

Second. All in favor say I. I. Any opposed? Any opposed? Very good. 9.6. Thank you. 9.6. Authorization of a third memorandum of understanding, anou, allowing for the time extension between the city of Clamoth Falls and Clamoth County for special contract under city code section 4.370 for the um water resell and water manager Robbie West reviewing. All right. Thank you, mayor and councel. Um so this is just uh the thirdou that we're doing here. Um we've done a couple in the past.

Um the biggest thing here is in research for doing all the things to get ready for the fill station. It came to my attention that the previous had expired. So we just want to get that updated. So the only big change you'll see is changing in the dates to bring those current. Um also of note just to make sure you guys know is this should be our lastouou. Um, this one is good through the end of October and that's our target goal to have the new fill station online and then that will be ran and maintained and managed by the city. So other than that, if you guys have any questions, I'd be more than happy to answer them. Questions or comments? No, I will entertain a motion.

I'll move to authorize the mayor on behalf of the city to execute a third with Clamoth County allowing for a time extension for providing water to county residents with drywall issues. Second. All in favor say I. I. I. Thanks, Mike. I just want to let you know I hear your second, but they've come in a little bit after the other. So, just want to let you know that.

And any opposed? No. 9.7. A special ordinance reszoning approximately 0.14 acres of land addressed as 2682 and 2684 Campus Drive from campus planned unit development to to medical professional to campus planned unit development neighborhood commercial second and final reading. If there are any questions, uh, planning manager Joe Wall, any questions, comments? Um, I will entertain a Go ahead. Move to pass the ordinance for second and final reading by title only. Second. All in favor say I.

I. Any oppose. Um, city manager, please read the ordinance by title. A special ordinance reszoning approximately 0.14 acres of land addressed as 2682 and 2684 campus drive from campus planned unit development medical professional to campus planned de unit development neighborhood commercial. Move to adopt the ordinance. Oh, I have I need a second. Second. Roll call, please. Councelor Sternberg, yes. Councelor Angelique, yes. Councelor Rouso,

yes. Yes. Okay. Other matters. Anything for other matters? I have it highlighted. Okay. Sorry. Okay. Go ahead. This isn't matters, but it looks like there's a couple people that intended to do public comment, but maybe we're just a couple minutes late. I'm not opposed to letting him speak. I'm not opposed to it. If that's the case, that's fine. I didn't notice. That's okay. Go ahead then. I'd rather hear from people than not. Three minutes.

Uh, hi, my name is Niles Walter. I'm here to speak about the flock cameras again. I want to thank the council for bringing the city police in to present on their use of flock cameras after I shared my concerns on March 16th. I understand that they have real world benefits for policing and as a car person myself, I appreciate being able to recover stolen vehicles. I would like to emphasize my primary concern though, which is where the data from these cameras will go. What I did not hear the chief of police say was, "We own the data these cameras capture." Because they still do not. Flock still has possession of every image they capture, which is stored in outofstate databases that can and have been accessed by other law enforcement agencies. Since private corporations are not subject to the public transparency that real governments are, Flock can and has done whatever they want with it. The city police are blindly trusting this cloud system and just hoping that they're not violating state law. If these ALPRs were wholly city-owned, did not use a cloud service and data was 100% stored within the city limits, they would abide by legal precedent, and I would have no issues with using them. Flock has a history of accidental quote unquote data leaks and misuse, which I shared at the March 16th council meeting. This is not accidental. It is a pattern. a pattern where Flock decides it is more profitable to violate state and local laws in order to expand its coverage and be more marketable to more police forces. When they are caught, they say sorry and fix the issue after people's lives have already been ruined. I would also like to color my comments with some context of nationwide politics. The current federal administration is actively hostile to any form of privacy or civil rights. They are personally hostile to both my sexual and political identity, both of which are protected under Oregon state law. I don't believe that Flock or any other surveillance corporation gives a damn about laws that exist at any level of government when there is money to be made. And the federal government has the most money out of all of us. So, you

might see why I have reason to be concerned. Make of that what you will. Thank you. Thank you. Thank you. Would you like to leave your public comment for the record? Yes. Okay. Thank you. Anybody else? Okay. Thank you. And we will close that out. So if there are no other matters, um we will go into adjournment into executive session held under OS 192.6602E and H action. Transactions. Okay. So um which one? So just under 2E real property

2E and real property transaction under OS 192.662H consultation with legal counsel and a motion to adjurnn. I'd move to adjourn the meeting into executive session held under OS 1926602E real property transactions and RS1 1926602H consultation with legal counsel second. All in favor say I. I. I. Any opposed? Mike I. Okay. Thank you question.