City Council - Special Meeting

meeting for Wednesday, November 26, 2025 at 6 PM. Let's get a roll call. Council member Bottomley absent. Council member D present. Council member Hornish here. Vice Mayor Nun here. Mayor Cranford here. Thank you. We have a quorum. Pledge. Everyone could stand for the pledge, please.

I pledge 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. And I get a motion to approve the city council special meeting agenda for November 26. Make a motion to approve the city council special meeting agenda for November 26th, 2025. Council member Dell. I. Council member Hornish. I. Vice Mayor Nun. I. Mayor Cranford.

I. Thank you. Motion passes. We'll go ahead and open up public comment to any item not on the agenda. If anyone here wants to make public comment, Stephanie, go ahead and come on up. Thank you, Stephanie Moreno. Um, city resident and small business owner. Um, I take a lot of beatings for coming up here and making comments to you or posting on our page about what's going on without trying to resolve it internally. And I'm a little tired of getting a meet up because staff knows how often I do try to get things resolved internally before posting and kind of giving up cuz it doesn't always happen. So, I have two items that I've brought to your attention or staff's attention before. Um, one is that the recent planning notices for three development projects are not on your website at all. They're not under notices. The way you have it set up normally, you you have to go to the main page. You have to click on a tab to get it to open to read notices. And then it takes you to a folder. You have to pick the year. And then you go to the year and it's not sorted um chronologically as it's required to be. So you have to search to see or modify it um to sort it. And in this case, all three are missing. But you'd have to know how to do this to get to them. It's your responsibility to make sure that constituents know what you're you're voting on and what the planning commission is voting on. Just putting it on your Facebook page isn't good enough. Putting it at the post office isn't good enough. I'm asking you to get this fixed so that the notice are clearly on your site where people can see them. They're not on the planning site either. In fact, there's only two projects list on

there and only one has a link. The second item, and uh this is not Victoria's fault and it's not Cameron's fault cuz they can't know what they don't know. They're new. Actually, it's none of your fault either probably because you're all new. But I will hold the council accountable. you're paying the city clerk position illegally. I brought this to your attent to the city clerk's attention July 30th. She asked me to put it in writing. I sent a very detailed memo. I checked with Cameron about it later. He said it been referred. Uh Vicki was talking to council. I understand that was referred to council. I've not heard another word about it and I'm going to give you that information today. I'd appreciate it being on the agenda. Needs to be fixed. Thank you. Thank you.

Thank you,

John Coburn Plymouth. Um, my question is what what justifies an emergency meeting? What's the emergency here that is is dire? that's an emergency the citizens of Puma. It doesn't appear that uh that there's a proper emergency or proper this meeting. You can't just go out and have a meeting just because you want to have a meeting. You got to have meet the criteria of the law. And uh I don't believe that this meeting reach meets require of the necessity for um an emergency speed meeting. And I've talked to several people just in the last hour that said they had no idea this was happening and they can't believe that it happened the night before Thanksgiving.

Thank you. I think we we will take a good look at this and see if we need to challenge any action taken tonight because of the fact that the way that it was set up. Thank you. An emergency. So just to clarify, we're not having an emergency meeting. We're having a special meeting tonight that the agenda was posted for 24 hours in advance as required by the Brown Act.

Okay. Thank you. Anyone else public comment on something not on the agenda? Okay, I'll close public comment at this time. Any Oh, sorry. Anything online? No one's online. Okay. And nothing written in. Okay. We'll close close public comment at this time and move to 4.1 discussion and possible action to reinstate the tribal ad hoc committee and appointment of a ad hoc committee members. I'm going to go to the staff report first.

Good evening, madame mayor. Uh at the June 26, 2025 meeting, city council, excuse me, KY meeting, the city council voted with bandwidth, particularly as it related to the construction and future operations of the one casino. At the time, the council concluded that while it would eliminate tribal ad hoc committee, it was open to revisiting the issue should the need arise for this adopt committee to be reinstated. Oh, Cameron, your microphone.

Did it go off? Sorry. Um, in their intervening months since the dissolusion of the ad hoc committee, it has become increasingly difficult for the city to respond to emerging issues related to the tribe. Consequently, staff respectfully requests the city council consider reinstating the tribal ad hoc committee and select two representatives from the city council to serve on this committee. Having an ad hoc committee in place supports continuity in discussions and representation during intergovernmental meetings between the tribe, its representatives and the city. This would also enable discussions to happen on a more rapid pace on and on short notice when circumstances warrant. The ad hoc committee structure is also the most viable to encouraging meaningful engagement between the city and the tribe on key issues. Um there is no fiscal impact associated with this item and the staff recommends the city council discuss and reinstate the tribal ad hoc committee. Thank you.

Thank you. Public comment. I have first Butch Cranford 4.1 Which Cranford, property owner, city of Plymouth. Well, while I appreciate the staff report, I'd like to know what these emergencies are that are related to the tribe that have occurred since June, if anybody knows what they are. Is there a list of emergencies related to the tribe?

There's no emergency there. There's never been no one said there's an emergency. The staff report didn't say there's an emergency issues related to the tribe. Their water was shut off and they're requesting for it to be my understanding is is that's an issue related to the contractor. Correct.

The tribe apparently is according to all of their doc official documentation, they've got 81 gallons per minute. They can pump uh 24 hours a day, 7 days a week till the end of the world. They just drilled another well cuz that wasn't enough water apparently. Uh I I have I have no understanding why all of a sudden we have a special meeting to reinstate an ad hoc committee when as far as I can tell it it it couldn't wait until next week. I guess. Yeah, I guess everybody else is trying to get ready for Thanksgiving. Does it strike you as odd that you called a special meeting on Thanksgiving Eve? And then you probably wonder why nobody's here. Oh, ad hoc committee. I recently sent a request to four council members. I excluded one council member because that council member is fully aware of everything that I've been doing for the last 23 years. Those four council members I received one phone call in reply to my request. This council is apparently not interested in the history of the ion band. They're not interested in any of any of the laws or regulations related to feed of trust or to Indian gaming or to the Indian land consolidation act. So I can't even begin to imagine which two of you are going to be on an ad hoc committee to address the issues related to a demonstratively illegal not in compliance

with federal law project. It boggles my mind that we're going to have two of you somehow interfacing with the I own band and I have requested a forum for the people who own property and live in the city of Plymouth for months and no such forum has yet happened and I have no idea when and if it will ever happen. This is outrageous. And I'm gonna suggest that based on the way that this uh How many of you How many of you read my comments?

I read them, but your three minutes is up for this com for this Yeah. comment. Okay, I'll conclude. That's the other thing. Three minutes. Something this important and I get three minutes. Yeah. Because there's a lot of people out here going to take out a lot of time tonight. This is outrageous. Now, it I'm going to suggest that the vote has already been should have already been taken because the way the agenda item is I'm going to ask you to conclude, please.

The way the agenda item is worded, you're going to appoint members tonight. John, you're up next. It's 4.1. John Coin, you are aware, I guess, that the tribe was required to to file a a water report. Um and uh this was supposed to been done when the uh within uh six weeks of what when the county made an agreement with them last year before the show full of dirt was was moved. No report. No report. Keep asking for the report. No report. Now all of a sudden they got a water crisis and and they haven't acted in good faith on their side of the water crisis. And now they want you people to meet and confer. I I I believe that you ought to meet and confer when you've got someone that you're going to be meeting with and conferring that they're meeting in good faith. And uh if they are making their agreements uh with water reports and stuff in the past, I don't see that they're going to be do anything here. And what have they done? They didn't they didn't act in good faith when they went to a person that really didn't have the ability to give a report of a access and and created a new street without any any hearings on it. We have not had a hearing on this thing since 2009. And we haven't had a hearing in court since 2009. So, they're moving along and doing what they damn well please when they damn

well want to. They aren't that having the best interest city of Puma. They haven't made any arrangements to meet what the record decision indicates that they should be making retribution uh for the property tax or the COT tax. They aren't acting in good faith on anything that they've dealt with as a city except now. They need water evidently for construction. um and they haven't done their own uh they haven't done their uh duty of providing the information they need. How about this council have a meeting or or put out a a opinion form to the c the members of the city and see what what the general public wants. It's time you represent the general public and not a special interest group such as the Iron Band New York and ants and you need to be on you need to be on equal ground currently. You are not on ground. Uh you're only meeting their necessity and they aren't they aren't acting in good faith with us. Thank

Thank you,

Stephanie. Stephanie Moreno. Um, I find myself in the unique position of agreeing with Mr. Colbert and Mr. Cranford on process issues. Um, the explanation that uh Cameron's given for needing this doesn't pass the smell test. You haven't scheduled a single agenda item for the tribe since you disbanded the ad hoc committee. So, it doesn't make sense that all at once that process isn't working. You haven't implemented that process. You haven't put it on the agenda to try to get the council to start talking about these things. So, it doesn't make sense to do away with a process that you never implemented until you try and see if it works. Um, I did uh want to read this. Nothing has been happening with the casino project. Council should not have been able to anticipate and schedule for discussion. In fact, after voting to terminate the ad hoc committee, a proactive mayor and city manager would have ensured such an important topic to the town's residents was placed on each agenda for a progress update and to be able to deal with time-sensitive issues. This item instead appears to be moved by the city to once again hold discussions regarding this very important project away from public scrutiny. The council would be best serve their constituents by denying the request to restore the ad hoc committee and by directing the interim city manager to bring back a written implementation plan and timeline to ensure that all city council members are publicly involved in these important discussions and that there is full transparency to the town's residents regarding the decisions being made regarding a future agreement with the tribe. I also want to give this copy of the FPBC letter that was written. Uh again, um BBK represents the city, but there's only one city attorney, and it seems disingenuous that you have multiple attorneys claiming to be the

city attorney for the city of Plymouth. Anyway, the FPPC letter, I never saw it in correspondence for the public to see. I found it online. It's a public document. Should have been shared. Um, Mayor Cranford has said repeatedly that she it's okay she doesn't have conflict. That's not what this letter says. It's qualified that she doesn't have conflict. It's in one case it says they can't make a decision if she has conflict because she hasn't provided enough information. So, I'm asking Mayor Cranford to recuse herself from future tribal discussions in uh an abundance of caution to protect yourself more than anything. Um, and I'm going to turn this in and I encourage all of you to read it. Thank you. Anyone else for public comment on 4.1? Keith

uh Keith White, City of Plymouth. Um mine I don't know. And I'm not I'm really not trying to be a smartass when I say this. Um but uh I had a hard time when I when the ad hoc committee was disbanded. I kind of was like why? And now I'm I hate to say agree with the other ones. Why do you guys want it back? Um if I was on the other side, I wouldn't want to talk to you guys. You keep on disbanding. You put together, you disband, you put together. I'd be like, I don't want to talk. You know, so that's just I guess my two biggest questions about it all is, you know, why did you disband it in the first place? And now why do you want I mean I understand why you want to put it back now but I mean it's I think that's going to be some tough negotiations that you got ahead of you. So thank you.

Thank you. Anyone else for public comment on 4.1? I'll close public comment and move to council conversation. You got anything? Give me two like a minute. Okay. You guys want to take a minute?

I while everybody is looking over the letter from the FPPC um I I want to clarify a few things. One is that the reason my my understanding of the reason we're requesting or that this was put on an an agenda to be discussed was because the tribe is not going to come to one of our council meetings to have a conversation with us about anything. Um, in fact, I've was told that, um, in tribe culture, uh, the chairman would only meet with somebody of of equal standing, which in in this case would be myself. Um, and so my understanding is the ad hoc committee is helpful because it allows the it it prevents the city staff from just going and having conversations with the tribe by themselves and allows some input with the city council. I'll be frank, I'm conflicted on this. I can see both both sides of it at this time. So that's my thoughts on that. Uh secondly, the reason this special meeting was called tonight was nothing nefarious except that we shut the water off to the tribe. They requested or to the excuse me to the contractor. They requested to have it turned back on and

there were insistence by some people on the council that that could not be done without this coming before council. And so then that encouraged a special meeting to have that happen because we won't be meeting again till December 13th. So um that's how that came to be. I don't want to be here the night before Thanksgiving any more than anybody else does. Um, Andreas, if you want to address the FPPPC letter, uh, if you have any comments on that, I don't. Okay. The letter didn't I I'll say a few things. The letter didn't identify conflict of interest based on the facts as they existed at the time that we sought the letter. And to date, we don't have any more facts that would change from that. And for those who haven't read the letter, it just was a letter that was sent by uh the city attorneys on my behalf because there was a question of if I would have a conflict of interest in discussing or voting on tribe related issues. Um and Andreas, to be clear, you're saying no, I do not have any conflicts of interest.

Correct. Anyone else? I mean, one distinction I'd like to make is that this whole water request is being requested by the construction company, correct? and not the tribe which has been mentioned several times. That is correct, sir. Okay. I mean, somebody's buying water in the city. I don't know. I can

We're not talking about that right now. We're talking about the ad hoc committee. Oh, thank you. You're welcome. You're skipping ahead. Skipping ahead. Trying to get home to the pumpkin pie.

Listen, I'm hungry. Um, yeah, adult committee. I mean, my sentiment is that I want to make it as easy as possible for for the city to work on any subject with anybody. So, if we need an ad hoc committee, then yeah, because dismantling it obviously didn't work. Uh, we can't get anybody to come to the table. Um, and it's really hard for us to reach out to them without having anything concrete. So, that's my two cents,

Debbie. I would agree with Holar that if it helps in the process of negotiating with the tribe, if that's what's needed, then I think we should go ahead and do it. done.

On the night that we uh voted to disband the ad hoc, it was brought up that at that particular time we didn't really have any discussions going anyways that I recall. Um, we' ended and it was stated that yes, we were disbanding that particular ad hoc and if in the future it was brought to our attention that we needed to have an ad hoc or needed to reinstate it that we could simply do so at at the next meeting. So staff saying and and others telling us that apparently it's needed right now moving forward. I I would be for for having it and as we said at the when we disbanded it that we would just simply revisit it and uh and do this. So um I don't have anything more to say that hasn't already been said. If it's a benefit to the city, if it's a benefit to all parties, then I would be for it.

Um, Andreas, can you provide some clarity as to exactly the benefit of an ad hoc committee and or the not benefit non-benefit either way? So the benefit of it is that the ad hoc committee meetings can happen on much shorter notice and to the point that you raised earlier, tribe representatives aren't going to come here to these council meetings to speak openly and freely about the issues that affect both the city and the tribe. So being able to have those frank conversations, that's possibly even a bigger benefit than than just the ability to have meetings on a on shorter notice. So those are the huge two things in the pro ad hoc committee column. The downside is the the transparency that I think everybody wants to have. And now to speak to that point is that final decisions can't be delegated to the ad hoc. It would be the ad hoc would be bringing back recommendations to the full council for actual decisions on issues. Can we put a stipulation in place that's an absolute that the ad hoc committee has to report because that's also an issue that was happening in the past is there was never any reporting or information being given to the public about what was happening with the tribe.

Yeah, that's that's one of the things that the ad hoc committee members should be doing routinely. If they're sitting on an ad hoc committee and that ad hoc committee met between council meetings, they should be providing updates at the following council meetings. I don't have our ad hoc policy in front of me right now, but if that's not in there, that should be in there. And

I believe that happened at the I believe that happened the last time is like because I recall the mayor reporting out on actions taken ad hoc. So, as far as the transparency issue, I believe she gave quite a lengthy report on everything that had been discussed with them. Yeah, it'd be akin to the reports that you all provide at the end of the meeting on on all your other committee assignments when you participate in other meetings away from here.

I I think there might be also some turbulation because there haven't been many meetings at all. So yeah, there's nothing to report and when we don't report anything, maybe you should report that we've haven't met. Here's the outcome. Nothing. just so people don't think that we're not Yeah. reporting back. That's a solid point. Thank you.

Um, okay. Well, I'm going to leave it to my council members to No, we we don't do public comment after we've closed session changed after we talked about it. So now it's sub. Andreas, we already took public comment, but if you want to open up public comment again, you can.

Okay, then I will. If you're going to make it a negotiation ad hoc committee, it should say ad hoc committee negotiation committee restricted to negotiations, not just plain tribal committee that can talk about anything, including whether or not to provide them water or not. And then secondly, um, you've never had a a meeting with the constituents to see what it is that's important to them about this casino to know what to negotiate. So, I suggest that that happen before you start negotiating. You're right. And that's the second time that's or third time it's been brought up. So, I'm going to address this really quick. Um, it is on our agenda for January, I believe. Yeah,

Cameron, is it on our agenda for January to have a like a town hall? We haven't put one on the agenda yet. That's a date that we need to um decide. We haven't decided a specific date that I'm aware. Either that or it was supposed to be on the December 13th agenda to make a date. So, we have I brought that up in our last city council meeting for those who may not remember. And so, it's in process like everything. It seems to take some time. So, December 13th,

excuse me, why do I keep saying the 13th? December 11th. Can that be on the agenda to for us to have a date for a town hall? Thank you. We just pick a date right now. I mean, we know when the meetings are and everything. I don't know. I don't have my calendar and it's in front of me and everything. The city manager have one. Can we just pick a date and say we're going to do it and get it done? Well, next meeting, but the meeting after we're doing public comment right now, so we have we have to discuss that at another time, I think.

Yeah. Bush Cranford, property owner. Apparently, it takes uh didn't take much time to get this meeting scheduled. But that aside, this ad hoc committee, I would like to see agendas. Well, what are you planning to talk about? What do you want to talk about? What needs to be talked about? And then on reports, I would like to I would like to at least at a minimum have items discussed in of a general nature. You I don't want the discussion, but I want to know what you talked about. And in terms of recommendations, uh hopefully hopefully you will have a town hall. I mean, I I started to put in my comments. I'm beginning to think this isn't the Plymouth City Council. I'm beginning to think it's I own the Ion Band Council. Months and months I have requested that the maps that are in the IMD that show Village Drive in trust, unrelated issue here, but it's something that could be talked about in an ad hoc committee that those maps be corrected. Has the city done anything? No, not as far as I know. Nothing's been reported. There are issue after issue after issue that I have come to come to this council and ask for action to be taken and as far as I know, nothing's been done.

Anyone else for public comment? I'm going to close public comment at this time. uh council if someone wants to make a motion either way or not or whatever you want to do. Someone wants to take action. Make a motion to reinstate the tribal land committee. I'll second the motion. Council member Dell I. Council member Hornish. Hi. Vice Mayor Nun.

Hi. Mayor Cranford. No. Thank you. Motion passes. Okay. 4.2. We should also discuss who you want to appoint to the ad hoc committee. Oh, that's part two. Okay.

I don't think so. It's not an assembly. and you've had two public comments on that same agenda item at this point. Um, note can can I please ask that you just don't speak out from the audience? Thank you. Um, yeah, I did ask I can also ask you to leave. So, please stop. Do you have any comments that you would like to make? Not

not at the moment. Okay. Well, we have to if we're going to Well, I guess we don't have to form the committee tonight. I don't know. Andreas, you've decided to reinstate the committee. So, it would only make sense to appoint two people to the committee. Otherwise, you've got a concept of a committee. We agendaize both. We just need to get it done on there. Well, then suggest somebody. I guess I'll volunteer. I'll volunteer for it. So, what do you want to do? Vote on who on it? Yeah, you should vote on that. You want to be on it?

I'm okay not being on it. Okay. We still do the vote. I just was asking where we going. Yeah, you you still you somebody has to make a motion. I'll make a motion to appoint myself and Councilman Hornish to serve on the ad hoc committee. Council member Dell. Hold on. Was there a second for that one? A second. Sorry. Council member Dell. I. Council member Hornish. Hi, Vice Mayor Nun. Hi, Mayor Cranford. Abstain. Thank you. Motion passes.

For clarity before it gets reported anywhere. Uh my no vote is based on the constituents all coming up and saying that we shouldn't have an ad hoc committee. Um so based on your commentary, that's what I'm going with. Um 4.2 two. We move to 4.2. Discussion and possible action to authorize the city manager to reconnect temporary construction water meter for construction at the Acorn Ridge Casino until the next regular. I think it was supposed to say meeting.

It didn't print. Yeah, it's okay.

Okay. Thank you. Thank you. Uh, sorry, I'm going to read this again. Discussion and possible action to authorize a city manager to reconnect temporary construction mo meter for construction at the Acorn Ridge Casino until the next regular city council meeting on December 11th, 2025. Uh, staff report, please. Morfield Construction Incorporated is constructing the Acorn Ridge Casino located at 17500 California Highway 49, which is an uncor unincorporated Amber County. On 226, 2025, Morfield Construction submitted a fire hydrant meter rental application to the city for service through 51 of 2025. This application was processed by the city's public works director, Kathleen Johnson, and a construction water meter was issued to Morfield. The city received $3,577.25 deposit for the meter. Morefield Construction then began using water from the hydrant located on Village Drive and was charged $100 per 4,000 gallons of water plus a $30 per month rental fee. On 11:14 2025, city staff disconnected water service from the hydrant on discovering that an encroachment permit Morfield had from the city for work on Village Drive had expired in July and the time for the meter rental had gone well beyond the May 1st, 2025 date stated on Morfield's meter application. The city also notified Morfield Construction regarding the disconnection. As of 11:25 2025, Morfield Construction has paid all outstanding invoices. At this time, Morfield Construction has paid all past invoices and again seeks a connection to the city's water system through the hydrant on Village Drive for construction purposes related to the Acorn Ridge Casino. There is no negative fiscal impact and the staff recommends the city council authorize staff to temporarily reconnect water access to Morfield construction at the fire hydrant on Village Drive and sell water to Morfield Construction at

the previous rate of $100 per 4,000 gallons with a $30 per month rental fee until the next city council meeting on 1211 2025. Thank you. Thank you. We'll move to public comment at this time. First, we have Butch Cranford for 4.2. Okay.

Well, my thoughts on this are pretty well known. First of all, I have no understanding why the city of Plymouth is supporting a project that's in the county. Number one, uh the problems that uh the construction uh may have with lack of water. Uh it would seem to be the trib's problem. And I would I would like to, as I put in my comments, I think the city has a really good opportunity here based on both these agenda items to secure some documents that might be of value to the city. In fact, they might be of value as you go to negotiate. Like you might be interested in any well data for the 81 gallons per minute wells that they allegedly have and the new 100 gallon plus well that they drilled because I guess the 81 gallon per minute wells weren't enough. You might want to have that well data. The other thing you might want to have before you enter into any negotiations with these people, you might want to validate that the property is in trust in compliance with federal law. And that can be done very easily. All you have to do is ask for the pre-Marchch 20th, 2020 trusted and the tribal land consolidation plan approved by the Secretary of the Interior. And I can tell you I know with certainty that those documents simply do not exist.

Thank you. Uh John 4.2 too and John Coburn. Um you I would like to to know what action the city council took that to authorized the connection to the hydrant in the first place. None. So Kathleen did it by herself.

It was an illegal action by the tribe. So that's that shows that they they weren't acting in good faith there. They have not acted in good faith on the uh taking of the the city street into the trust lands and and corrected that as they said they would. They have not acted in good faith in in providing the water uh plan as required by agreement with the county. They have not acted in good faith and had a hearing on anything that has been before the state legislature, the uh county of Amodore or anything else had to have had not one public hearing on any of those. And when do the people of Plymouth and the people of citizens of this community get a chance to comment on what is going on that is going to completely change the environment of our community. Um and they haven't acted in good faith and taken care of any of those. And until you act in good faith with you, you got to be in a level playing people playing field. Um it it appears we are still in court. Uh we're waiting for the the judicial process. They've given them over uh almost 300 days of extension on their replies and legal action. And um it it doesn't look like we're going to hear anything soon. But and in the meantime, it's not our fault that they they're building without um being clear in the courts. But we've never had a day in court on this thing in in 23 years. So until they start acting in good faith, I think you

got to demand that they do. We already went through this process um 15 years ago or more than that when when we had to actually we recall three city council members and then we filed suit against the municipal service agreement and we won that suit. It was a uh and uh all that was thrown out in the courts and we won that suit. So, I'm not so sure that that we're spending our money in the right place and and uh and going after the federal government and the illegal things that they've done here. um if we continue to to move forward with without the a public hearing here uh with the with it's notice to the people of Plymouth so the people of Plymouth have their opportunity to to be a part of what's going on in that nightmare on the hill u it looks like maybe we're putting our money in the wrong place maybe we we need to be filing again here to make sure that that the letter of the laws while we're doing this. Thank you.

Thank you, Stephanie.

Thank you, Stephanie Moreno. Um, I'm not going to go through my conflict of interest thing again. Um, but I please consider it in the record. Um, I will say Wendy, he can't tell you you don't have a conflict. He's not authorized by state law to tell you that. All he's doing is providing you a legal defense if you get fined to throw yourself at the mercy of the FPC and say, "My attorney told me it was okay." So, please be aware. He's not doing you any favors. Um, this is a cluster and it's the city that's not acting in good faith as far as I'm concerned. I think the tribe has every right to get water. They came and asked for water. The contractor asked for water. They were given water. You can blame a staff person, but you knew about that a long time ago and you didn't do anything to make it right to discuss it in the city council. You let it continue. The staff report again has false facts. It says that the permit expired. If you can show me an expiration date on that permit, please do because I don't see one. There's nothing on there that it expired in July. It does say estimated time of completion, which is normal for these kind of things that people estimate how much they need. It doesn't mean that the permit ends when the estimate's over with. Um, and then turning the water off requires I'm going to hand you this municipal code because it's clear to me that very few people are reading it at the city. Notice of discontinuence other than for non-payment of residential water service except in emergency situations covered by 1408119.5 at least 10 days before discontinuing non-residential service. The city shall provide the customer with a written notice which shall specify the reason for the proposed discontinuence and inform the customer of the procedure for and the availability the opportunity to discuss the reason for the proposed dis discontinuence with the city rep who is empowered to review disputes to rectify errors and to settle controversies

pertaining to such proposed discontinuence of service. The name and phone number of such representative shall be included in any such notice proposed discontinuence given to a customer. I didn't see that notice in the packet. I'm assuming that it wasn't given. Also, um your the the emergency reason can only be for if there's an immediate health hazard. And this wasn't an immediate health hazard. It's because it's political to turn this water off. There's no other reason to turn this water off this way right now.

Their bill hadn't been paid in 3 months. It has been paid. Now, most people get a notice on their door and a notice in the mail telling them to pay before they get disconnected. And then the other thing, your attorney is not doing you any favors because he hasn't talked about Lavco. So Lavco requires for you to go outside the city limits to provide water. A city or district may provide new or extended services by contractor agreement outside its jurisdictional boundary only if it first requests and receives written approval from the commission of the county in which affected territory is located. However, there's two exceptions and I think the city of Plymouth qualifies for those two exceptions and I think those exceptions should be put in the record so that it's recognized that you didn't have to go to Lavco to protect yourself from potential liability and complaints later. And those exceptions are the transfer of non-potable or non-treated water. Now, they're taking this water out of the hydrant and it's well known that that is not considered non uh portable water. So I think that exception I mean you're not supposed to drink it because even though it's treated before going in it may not meet the drinking water standard. So it cannot be considered portable water. It meets that.

Can I ask Can I ask you to wrap up Stephanie? You're going fast. Yes. The second one is an extended service that a city or district was provided on or before January 1, 2001. You guys adopted the municipal code allowing for service outside the city limits in 1982. So it was a legitimate service. So, it is legal for you to provide water to the tribe um and to the contractor. And I think you should acknowledge that, but I think it should be put in the record why it's legal. Thank you. Thank you. Immediately, I agree with Stephanie about the analysis of why we believe that LAFCO approval is necessary here.

Did hell just freeze over?

No comments. Feel like we should write this down in something. Anyone else? Anyone else have public comment? Keith um Keith White, City of Plymouth. I know a lot of this is it keeps on going back to the tribe with this, but in this situation, it's between the construction crew and the city. Multiple pe people's jobs depend on this. They're just trying to get their work done. Um, and trying to provide the paychecks for their employees. Um, there's people in this room that have ran construction outfits, worked in construction. They know what it takes and they know that they need those supplies. Um, I'm just going as simple as that. I can understand why the construction outfit wants this. I mean, they just want to get their work done and get their paychecks. So, thank you.

Thank you. Anyone else for public comment or point two? online. Seeing none, hearing none, I'll close public comment and move to council discussion. Go ahead. I wasn't sure. Sorry, I should name. I'm tired.

Cameron, has more field construction applied and filed the proper paperwork again? They did file a an encroachment permit. Um it looks like it extends the construction permit that they initially had on that um kind of came to a term in July. Uh we decided to put that on the next agenda for approval. So the only thing we have for water is the water application that we've been able to find from last February.

And can we make sure that it has a end date on there because I think for for for clarification I think that'd be good to have. Um, so this is coming back on 1211, right? Correct, sir. And this is only to allow temporary usage of the water until you guys come to an agreement or make a decision at the 11th. Okay. Anyone else? Debbie,

no I have nothing.

So my comments were going to be very much well actually was brought up by Mr. White um to clarify that this issue isn't about between the city and the the tribe. The water agreement was from the contractor which was very common for the contractor to come and request water. And this is about uh he was abruptly shut off in the water. We feel that you know we in good faith best thing to do is to give him an extension so he can continue and finish up his work um and you know be able to get his equipment moved out and get on to the next job. This in my mind really doesn't have anything to do so much with the casino or the tribe. It has to do with just doing what's right for the contractor here. And uh so I think we should approve the approve this. Um based on conversations tonight, I'm going to hold my comments until I can seek further legal counsel and FPPC. um information. So, I'm not going to recuse myself, but I'm going to abstain from this vote. So, if someone wants to make a motion and just to clarify, your abstension would count as a no vote. So, we would still need we would need the vote of three others for

Okay. Well, somebody still has to make a motion. Correct. Second. Yeah. I want to make it clear that your abstension counts as a no for purposes of adopting anything. Okay. I'll make a motion to reconnect temporary construction water meter for construction at the Acorn Ridge Casino until the next regular city council meeting on December 11th, 2025. I'll second it. Council member D. I. Council member Hornish. Hi. Vice Mayor Nun I thank you. Motion passes.

Okay. Um we are I think done. Yes. Nothing else. Um yeah. Do we want to I don't think we do that on this. Do we? Yeah. No, we don't do that on this. Um All right. We'll adjourn this meeting at 6:54 p.m. Have a good night everybody. Happy Thanksgiving. Yes. Happy Thanksgiving.