ISN'T GENTLEMEN, WELCOME TO THE
[00:00:01]
ALCON CITY COUNCIL MEETING.THE MEETING IS CALLED TO ORDER,
[ CALL TO ORDER: Mayor Bill Wells]
AND I'D LIKE TO ASK OUR CITY CLERK TO PLEASE CALL THE ROLE.ALL COUNCIL MEMBERS ARE PRESENT.
WOULD YOU ALL STAND WITH ME FOR THE PLEDGE OF ALLEGIANCE, REMAIN STANDING FOR A BRIEF MOMENT OF SILENCE.
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.
[ POSTINGS: The City Clerk posted Orders of Adjournment of the September 14, 2021, Meeting and the Agenda of the September 28, 2021, Meetings in accordance to State Law and Council/Authority/Successor Agency to the Redevelopment Agency Policy.]
THE CITY CLERK POSTED ORDERS OF A GERMAN OF THE SEPTEMBER 14TH, 2021 MEANIE AND THE AGENDA OF THE SEPTEMBER 28TH, 2021 MEETING IN ACCORDANCE WITH STATE LAW HOUSING AND COUNCIL AUTHORITY POLICY.[ PRESENTATIONS: Commendation for Fire Rescue Proclamation for Fire Prevention Week Proclamation for Manufacturing Week]
WE HAVE THREE ITEMS UNDER PRESENTATIONS ON TODAY'S AGENDA.FIRST WE HAVE ACCOMMODATION FOR A FIRE RESCUE, AND I'D LIKE TO ASK OUR CITY MANAGER TO TELL US ALL ABOUT THIS.
UM, WE'RE REALLY EXCITED, UH, TO, UH, RECOGNIZE FOR INDIVIDUALS THAT ARE RESIDENTS AT ECE TLC, AND I'LL LET THE PROCLAMATION SPEAK TO ITSELF A LITTLE BIT MORE, BUT, UM, JUST TO GIVE, UH, THE AUDIENCE AND UNDERSTANDING A COUPLE OF WEEKS AGO ON I EIGHT, THERE WAS A CAR FIRE AND FOUR OF OUR RESIDENTS WITHOUT ANY HESITATION JUMPED OUT OF THEIR VEHICLES AND PULLED A COUPLE OUT OF THE CAR, A BURNING CAR AND SAVED THEIR LIVES.
SO WE ACTUALLY HAVE SOME VIDEO FOOTAGE THAT WE'RE GOING TO SHOW, AND THEN WE'LL TURN THE TIME OVER TO THE MAYOR FOR THE PRESENTATION AND, UH, UH, RYAN, UH, VEGAS WE'LL HAND OUT THOSE, THOSE COMMENDATIONS AND, UH, ONE OF THE GENTLEMEN CAN'T BE HERE TODAY.
SO WITH THAT, LET'S ROLL THE VIDEO.
I BELIEVE THERE'S SOME ACCOMMODATIONS, BUT IF WE COULD HAVE THOSE THREE JOBS COME ON DOWN, THAT'D BE WONDERFUL.
I MEAN, THIS IS A REALLY REMARKABLE VIDEO AND YOU'VE GOT TO BE PROUD OF YOURSELVES AND WE'RE VERY PROUD OF YOU.
UM, I'M GOING TO READ THIS PROCLAMATION TO YOU.
THIS LAST FIRE IS A SERIOUS PUBLIC SAFETY CONCERN, BOTH LOCALLY AND NATIONALLY AND HOMES ARE THE LOCATION WHERE PEOPLE ARE AT THE GREATEST RISK FROM FIRE.
I THINK THAT DIDN'T MAKE ANY SENSE AT ALL.
ON SEPTEMBER 7TH, 2021, FIVE ALCOHOL RESIDENT ASSOCIATED WITH THE EAST COUNTY TRANSITIONAL LIVING CENTER WERE DRIVING DOWN HIGHWAY EIGHT.
WHEN THEY NOTICED A VEHICLE SMOKING ON THE SIDE OF THE FREEWAY, THEY NOTICED THERE WERE TWO PEOPLE IN THE CAR AND IMMEDIATELY PULL THEM OVER TO A SYSTEM.
THE TWO PEOPLE IN THE CAR WERE BOTH IN THEIR NINETIES AND HAD BEEN MARRIED FOR OVER 60 YEARS.
THEY WERE UNABLE TO GET OUT OF THE CAR ON THEIR OWN.
THESE MEN RUSHED TO THE VEHICLE THAT HAD NOW BEGUN TO CATCH FIRE AND PULL THE OCCUPANTS TO SAFETY JUST AS THE CAR BECAME FULLY ENGULFED IN FLAMES.
THEY HAD THE COURAGE QUICK THINKING, WILLINGNESS TO GET INVOLVED AND WITHOUT HESITATION OR REGARD FOR THEIR OWN SAFETY TOOK NECESSARY ACTION TO SAVE THE OCCUPANTS OF THE BURNING CAR ON BEHALF OF THE MAYOR CITY COUNCIL, CITY OF ALCOHOL, WE HEAR BY COMMAND BARRY HABERMAN, ANDRE LEGGETT, SCOTT, ANDRE, HARRY HEMPEL, AND JEFFREY LUCAS FOR THEIR SELFLESS ACTS OF KINDNESS, QUICK THINKING AND SERVICE TO THE COMMUNITY AND FURTHER EXTEND OUR APPRECIATION TO THEM FOR DISPLAYING GREAT VALOR AND COURAGE DURING THE SENSOR INCIDENT.
THIS IS SIGNED ON THE 14TH AND SEPTEMBER, 2021.
[00:05:08]
ANDRE, ANDRE LEGGETT.AND THEN JEFFREY LUCAS, JEFFREY AND SCOTT, ANDRE.
AND THEN WE UNDERSTAND THAT HARRY HEMPHILL WASN'T ABLE TO ATTEND TODAY.
IS THAT CORRECT? I'M SORRY TO HEAR THAT.
AND THEN WE'LL BE TAKING SOME TURN AROUND.
W W IF WE HEARD HOW THE COUPLE'S DOING AT ALL.
I'M GLAD TO HEAR THEY'RE DOING BETTER.
AND TOLD ME, UM, UM, SATURDAY AND SATURDAYS AFTER IT HAPPENED, WHEN THEY GOT HOME AND, UH, THEY THANKED US AND THANKED THE GUYS THAT THEY WERE HAVING A FAMILY REUNION INSTEAD OF HUMANS.
THE NEXT TIME I TO INVITE CHIEF SWINNEY TO THE PODIUM, AND I WOULD RE READ THE PROCLAMATION FROM HER FIRE PREVENTION WEEK, WHICH I ALREADY STARTED EARLY.
DID YOU WANT TO SAY ANYTHING ABOUT THIS? UH, JUST THAT, UH, OCTOBER 3RD THROUGH THE NINTH IS GOING TO BE A FIRE PREVENTION WEEK.
UNFORTUNATELY, WE'RE NOT GOING TO BE HOLDING OPEN HOUSE AT THE FIRE STATION.
UM, HOPEFULLY WE'LL BE ABLE TO GET BACK TO NORMAL BUSINESS NEXT YEAR WITH IT.
UM, THIS YEAR'S METHOD MESSAGES LEARN THE SOUNDS OF FIRE SAFETY, WHICH BASICALLY MEANS LEARN WHAT YOUR SMOKE DETECTOR OR YOUR CARBON MONOXIDE DETECTOR SOUNDS LIKE AND, AND HAVE A PLAN IN PLACE.
UM, IF IT DOES SO KIND OF FOUR REAL QUICK TIPS FOR EVERYBODY IS MAKE SURE THAT YOU GOT YOUR SMOKE ALARMS INSTALLED IN ALL YOUR BEDROOMS AND HALLWAYS, UH, IN AREAS WHERE YOU'RE GOING TO BE ABLE TO HEAR THEM IN, UH, ALARM QUICKLY.
UM, AND DON'T FORGET YOUR CARBON MONOXIDE ALARMS AS WELL.
UM, MAKE SURE THAT YOU'RE TESTING YOUR SMOKE ALARMS EVERY MONTH, AND THEN ALSO HAVE A PLAN WITH YOUR FAMILY IN CASE THERE IS A FIRE BREAKS OUT EVERY GOING OUT THE FRONT DOOR, THE BACK DOOR, WHAT HAPPENS IF THEY GO OUT OF WINDOW, WHERE ARE THEY GOING TO MEET AFTER THE EVENT HAPPENS? AND THEN IF FIRE DOES OCCUR IN YOUR HOME, GET OUT, STAY OUT, KEEP CALM AND CALL FOR HELP.
AND WE'LL SHOW UP TO BEFORE THE MOST COMMON CAUSES OF A HOUSE FIRES.
MOST OF THEM RIGHT NOW ARE PROBABLY COOKING, JUST UNATTENDED FOOD, WHERE PEOPLE GET DISTRACTED WHEN THEY'RE COOKING AND BELIEVE IT OR NOT, SOMEONE WILL START COOKING SOMETHING AND DECIDED TO RUN TO THE STORE AND LEAVE THE STOVE ON.
UM, AND THAT USUALLY ENDS UP, YOU KNOW, UH, BEING A VERY COMMON CAUSE ANOTHER OTHER ONE IS, UH, CANDLES.
LIKE WHEN THERE'S A POWER OUTAGE OR SOMETHING, AND PEOPLE WILL LEAVE CANDLES LIT, OR THEY LIKE TO HAVE CANDLES IN THEIR, IN THEIR ROOMS AND STUFF FOR SCENT.
AND, UH, THEY'LL HAVE SOME FIRES CAUSE OF CANDLES, BUT THOSE ARE PROBABLY THE TWO MOST POPULAR, YOU KNOW, CAUSES OF IT.
ANY QUESTIONS FOR THE CHIEF? UH, THANK YOU FOR THAT PRESENTATION, CHIEF.
I'D BE REMISS IF I DIDN'T EXPRESS MY GRATITUDE TOWARDS THE FIVE GENTLEMEN, THE PROCLAMATION, IS THAT OKAY, MR. MAYOR, IF I, YEAH, IF I ADDRESS THOSE MEN, I CAN'T TELL YOU HOW VALUABLE YOU GUYS ARE TO OUR COMMUNITY.
WHAT YOU FIVE GENTLEMEN DID IS HEROIC.
AND I WANT THE PUBLIC TO KNOW THAT THEY FORMERLY HOMELESS, CORRECT.
NOW YOU HA HA PASTOR HAROLD IVAN HERE FROM ECE TLC, YOU HAVE CREATED AN INCREDIBLE ORGANIZATION AND A BROTHERHOOD THAT, THAT IS SECOND TO NONE IN THE COUNTRY.
I MEAN, AND THIS TOOK A LOT OF TIME AND PRAISE GOD THAT HE GAVE YOU THE VISION FOR ALL OF THIS.
I MEAN, IT TOOK SO MUCH INNER, UM, WORK AND S AND SELF WORK INSIDE OF YOU TO NOT ONLY GO TO ECA TLC AND SAY, I'M DONE WITH THIS LIFE.
I WANT TO IMPROVE WHO I AM, BUT THEN BE SELFLESS ENOUGH TO GO PUT YOUR OWN LIVES AT RISK.
I MEAN, YOU'RE STILL ONE OF YOU GUYS IS STILL WEARING THE SCARS FROM IT.
I, WE HAVE AN INCREDIBLE ORGANIZATION HERE AT EEC TLC, AND THAT'S JUST A SMIDGE OF WHAT THESE MEN AND WOMEN DO FOR OUR COMMUNITY.
AND WE HAVE SOMETHING VERY SPECIAL HERE.
AND I THINK THAT DESERVES TO BE HIGHLIGHTED.
I THINK IT DESERVES TO BE ENCOURAGED.
[00:10:01]
FAR AS I'M CONCERNED, YOU, YOU ARE, YOU ARE WHAT MAKES THEM, UH, ALKA HONE AN INCREDIBLE PLACE.AND THERE ARE, I KNOW THAT THERE ARE MEN AND WOMEN AT ECL TLC THAT WOULD DO THE SAME THING OVER AND OVER AGAIN, EACH AND EVERY ONE OF THEM.
IT IS A VERY SPECIAL GROUP THAT YOU TWO HAVE DONE.
SO JUST, I JUST WANT TO THANK YOU GUYS AGAIN.
UH, CHIEF THINKING, I'M NOT GOING TO READ THIS WHOLE PROCLAMATION, BUT AT THE END IT SAYS NOW, THEREFORE I BUILD WELLS BARE THE CITY OF ALCOHOL TOGETHER.
THE CITY COUNCIL DO HEREBY PROCLAIM OCTOBER 3RD, THROUGH NINTH, 2021 TO BE FIRE PREVENTION WEEK IN THE CITY OF ALCOHOL.
LASTLY, I'D LIKE TO INVITE JOHN OLSON TO THE PODIUM.
AS I READ A PROCLAMATION FOR MANUFACTURING WEEK, MR. OLSEN, HOW ARE YOU TODAY? I'M DOING VERY WELL THERE.
BEFORE I READ THIS, IS THERE ANYTHING YOU WANTED TO SAY? UM, I WANTED TO SAY THANK YOU FOR YOUR, UM, THE CITY OF OKLAHOMA PARTNERSHIP WITH THE EAST COUNTY ECONOMIC DEVELOPMENT COUNCIL.
AND I'M LOOKING FORWARD TO AN EXCITING FUTURE OF, UM, COLLABORATION AND WORKING TO, UM, MAKE LIFE IN THE EAST COUNTY AS, AS GOOD AS IT CAN BE.
WELL, WE, UM, WE APPRECIATE ALL THE MANUFACTURED MANUFACTURING THAT HAPPENS AT ALCOHOL AND, AND ALL THE PEOPLE YOU EMPLOY AND ALL THE MONEY YOU REVENUE BRING INTO THE CITY.
AND IT'S CERTAINLY SOMETHING WE VALUE VERY GREATLY.
AND SO THEREFORE I'VE BEEN WELLSMITH CITY OF OKLAHOMA TOGETHER.
THE CITY COUNCIL DO HEREBY PROCLAIM THE WEEK OF SEPTEMBER 27TH TO OCTOBER 1ST, 2021 AS AN ANNUAL NATIONAL MANUFACTURING WEEK.
SO ONE MORE THING FOR THAT TO INVITE YOU.
WE'RE HAVING A, UH, MANUFACTURING EXPO, UH, RIGHT NOW UNTIL SIX, RIGHT ACROSS THE STREET AT THE PRESCOTT PROMINENT.
AND THEN, UH, AFTERWARDS THERE'S A, AN, A MIXER.
UH, IF YOU GUYS WANT TO COME BY, IT JUST, WHAT'S CALLED THE FUNNIEST.
LOOK WHERE TO SEEING YOU GUYS.
AND YOU FOLKS FROM ECLC WELCOME THE HANGOUT THROUGH THE WHOLE CITY COUNCIL, MANY, BUT DON'T FEEL LIKE YOU HAVE TO YOUR HEROES.
DO YOU HAVE ANY AGENDA CHANGES? MR. MAYOR? WE HAVE NO CHANGES TO THE AGENDA.
[7. CONSENT ITEMS: Consent Items are routine matters enacted by one motion according to the RECOMMENDATION listed below. With the concurrence of the City Council, a Council Member or person in attendance may request discussion of a Consent Item at this time.]
WERE CONSENT ITEMS, CONSENT ITEMS, A ROUTINE MATTERS AND ACT BY ONE MOTION.ACCORDING TO THE RECOMMENDATION LIST OF BELOW WITH CO-OCCURRENCE OF THE CITY COUNCIL COUNCIL MEMBER, A PERSON TO THE TENANTS MAY REQUEST A DISCUSSION OF A CONSENT ITEM AT THIS TIME.
DO YOU WISH TO PULL ANY CONSENT ITEMS? STAFF? NO, SIR.
ANGELA, HAVE ANY COMMENTS FOR CONSENT? NO COMMENTS, SIR.
I'LL MAKE A MOTION THEN TO APPROVE THE CONSENT ITEMS MOVING SECOND, AND PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
[ PUBLIC COMMENT: At this time, any person may address a matter within the jurisdiction of the City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency that is not on the Agenda. Comments relating to items on today’s docket are to be taken at the time the item is heard. State law prohibits discussion or action on items not on the Agenda; however, Council, Authority and Agency Members may briefly respond to statements or questions. An item may be placed on a future Agenda.]
US TO PUBLIC COMMENT AT THIS TIME.ANY PERSON MAY ADDRESS THE MATTER WITHIN THE JURISDICTION OF THE CITY COUNCIL, HOUSING AUTHORITY OR SUCCESSOR AGENCY TO THE ALCOHOL REDEVELOPMENT AGENCY.
THAT'S NOT ON THE AGENDA COMMENTS RELATING TO ITEMS ON TODAY'S AGENDA ARE TO BE TAKEN AT THE TIME.
THE ANIMAS HEARD STATE LAW PROHIBITS DISCUSSION OR ACTION ITEMS, NOT ON THE AGENDA.
HOWEVER, CITY COUNCIL AND HOUSING AUTHORITY MEMBERS MAY BRIEFLY RESPOND TO STATEMENTS OR QUESTIONS, AND THEN EITHER MAY BE PLACED ON A FUTURE AGENDA.
ANGELA, WE HAVE ANY SPEAKER CARDS FOR PUBLIC COMMENT ONE, SIR.
I'M THE CHAIRMAN OF OKTOBERFEST GERMAN AMERICAN SOCIETIES.
AND I LET MY GUESTS, OR MY PARTNERS HERE INTRODUCE THEMSELVES.
WELL, IT RUN MONICA DAGMAR PURVIS.
I'M THE AMBASSADOR OF THE CHAIRMAN AMERICAN SOCIETY AND THE MEMBERSHIP CHAIR.
SO IF YOU WANT TO BECOME MEMBERS, I'M THE RIGHT PERSON, ALWAYS WORKING.
I SEE, UH, WE USUALLY COME BEFORE OUR FIRST OCTOBER FESTIVAL WEEKEND, WHICH WAS LAST WEEKEND, BUT, UH, I GUESS I SLEPT THROUGH A MEETING OR SOMETHING.
BUT ANYHOW, UH, WE DO HAVE OUR SECOND WEEKEND
[00:15:01]
COMING UP AND HOPEFULLY THE WEATHER IS A LITTLE BIT MORE COOPERATIVE AND WE'VE GOT ALL THE, THE HOPE THAT EVERYTHING OUT OF THE WAY WITH, UH, WHAT WE HAD TO GO THROUGH THIS YEAR, YOU KNOW, WE WOULD'VE HAD TWO YEARS OFF AND WE, WE PAID FOR IT.SO YOU'RE BACK AGAIN THIS WEEKEND.
AND WHAT ARE THE HOURS? YEAH, WELL, FRIDAY, SATURDAY AND SUNDAY, FRIDAY NIGHT, WE GO FROM SEVEN TO 10.
UH, SATURDAY WE STARTED AT NOON.
WHAT A 10 SUNDAY WE STARTED NEW AND THEN GO TILL 9:00 PM STARTS TO CALM DOWN A LITTLE EARLY AT SUNDAYS.
IT'S UH, YOU DON'T HAVE TO BE GERMAN.
YOU JUST HAVE TO BE JIM AND FOR THE DAY, YOU KNOW, THAT'S GREAT.
SO GOOD FOOD AND YEAH, GO AHEAD.
AND, UH, WE HAVE A RAFFLE TICKET, UH, TWO FLIGHTS TO GERMANY.
SO, UH, COME ON OVER, IT'S $5 FOR SIX CHANCES AND YOU ONLY NEED ONE TO BE THE RIGHT ONE.
AND FOR THAT ONE, YOU DON'T NEED TO BE PRESENT TO WHEN WE DO THAT ON SUNDAY NIGHT, BUT IN THE MEANTIME WE HAVE OUR GERMAN BAND.
WE HAVE GREAT GERMAN FOOD, UH, OBVIOUSLY A COUPLE OF DIFFERENT GERMAN BEERS, ACTUALLY 12 DIFFERENT GERMAN BEERS ON TAP.
UM, AND, UH, I WOULD SAY HAVE A LOT OF FUN.
SO I'VE BEEN THERE MANY TIMES AS IT'S ALWAYS BEEN FUN.
UH, THIS IS OUR ONLY FUNDRAISER AS YOU KNOW, AND, UH, IN THE YEAR AT ALL.
AND SINCE WE DIDN'T HAVE ANYTHING LAST YEAR, LIKE MIKE ALREADY SAID, WE ALL WELCOME YOU.
AND, UH, PERHAPS YOU HAVE SOME CHANCES TO WIN THE BIG PIES.
I DON'T, I DON'T SKIP ON A CHANCE TO GO OUT AND DO SOMETHING FUN SO, WELL, THAT'S WHAT WE'RE HOPING.
THAT'S BETWEEN THE THREE US, IF ANYBODY WANTS ANY AND JUST PASS THEM OUT AND A THANK YOU, HOPEFULLY SEE THAT.
I HOPE YOU GUYS HAVE A GREAT AND SUCCESSFUL TIME.
[8. Public Hearing for the Consideration to Vacate a Walkway Easement on Mona Place RECOMMENDATION: Opens the Public Hearing and receives testimony; Closes the Public Hearing; and Adopts the next Resolution, in order, to approve the vacation of a walkway easement between Mona Place and Benjamin Place, established by Council Resolution No. 7724 and recorded on May 23, 1966, Map No. 5738.]
ALL RIGHT.ITEM EIGHT IS TO CONSIDER A VACATION OF A WALKWAY EASEMENT.
AND I'LL ASK STAFF TO INTRODUCE THIS ITEM, MR. MAYOR, UH, MARIO SOHN SANCHEZ.
OUR CITY TRAFFIC ENGINEER WILL BE GIVING THE PRESENTATION THIS AFTERNOON.
I'M THE CITY TRAFFIC ENGINEER.
THIS ITEM THAT I'M BRINGING BEFORE YOU IS A REQUEST TO VACATE A WALKWAY EASEMENT BETWEEN TWO CUL-DE-SACS.
AND I'M GOING TO JUST TO GIVE YOU SOME BACKGROUND OR CONTEXT HERE.
UM, THIS IS A SITE MAP TO SHOWS THE, THE WALKWAY EAST MEANT BETWEEN MONA AND BENJAMIN PLACE.
AND IT'S ROUGHLY ABOUT 150 FEET LONG AND ABOUT FOUR FEET WIDE AND CONTAINS A SIDEWALK.
AND THERE'S TWO FENCES ON EACH SIDE AND IT'S A SOUTH OF CHASE AVENUE AND HERE'S AN AERIAL OF THE LOCATION.
UM, THOSE LITTLE GREEN DOTS ARE STREETLIGHTS, UH, ON EITHER SIDE OF THE EASEMENT THERE AND HERE'S ACTUAL PARCEL MAPS.
SO IN THE, THESE MEN, IT'S A FOUR FOOT WIDE, UH, EASEMENT, AND IT GOES OVER TO PRIVATE PROPERTIES, NUMBER 49 AND 32, WHICH IS, UH, THOSE TWO LOTS THERE.
AND THERE'S A COUPLE OF PHOTOS OF THE ACTUAL EASEMENT THEY'RE ON A MOANA PLACE THAN BENJAMIN PLACE, MORE CONTEXT.
AND THIS LAST SLIDE IS JUST THE TIMELINE OF EVENTS OF, UH, WHAT, UH, WHAT HAS OCCURRED FOR THIS PROCESS.
UH, BACK IN AUGUST, 2019, WE RECEIVED A REQUEST TO VACATE THE EASEMENT FROM THE PROPERTY OWNER THAT LIVES AT, UM, CAN'T REMEMBER THE STREET, UH, ON MOANA PLACE.
I DON'T REMEMBER THE ADDRESS, BUT ANYWAYS, UH, THEN WE WENT FORWARD, UH, JUNE OF 2020.
WE HELD A PUBLIC HEARING AND, UH, STAFF RECOMMENDED TO VACATE THE SIDEWALK EASEMENT, AND THE COUNSELOR HEARD THAT AND WENT BACK AND FORTH AND THEY CONTINUED THE PUBLIC HEARING TO AUGUST, 2020.
SO IN AUGUST, 2020, A SECOND PUBLIC HEARING WAS HELD IN CONCURRENT.
[00:20:01]
AGREED TO POSTPONE THEIR VACATION OF THESE MEANT FOR A PERIOD OF ONE YEAR TO ALLOW THE RESIDENTS TO LEASE, COME TO A MUTUAL CONSENSUS ON HOW TO MAINTAIN OR KEEP THE EASEMENT OPEN FOR A PERIOD OF ONE YEAR.SO THE PROPERTY AUDIT CAME BACK TO US ABOUT A YEAR LATER, UH, ABOUT 13 MONTHS AGO.
SO WE'RE BACK HERE AT SEPTEMBER, 2021.
AND, UM, BOTH, BOTH OWNERS OF THE PROPERTY CONTAINING THE EASEMENT, YOU KNOW, RECOGNIZE THE GOOD INTENTIONS OF THE ADJACENT RESIDENTS DON'T WANT TO HELP OUT, BUT ARE HOLDING FIRM TO CONTINUE THE CLOSE THE SEASON.
SO WITH THAT, UH, STAFF RECOMMEND DEBT RECOMMENDS TO VACATE THESE MEN BASED ON THEIR CONCERNS.
AND WITH THAT, I CONCLUDE MY PRESENTATION.
LET ME ASK YOU IF THERE'S A QUESTIONS FOR YOU, STEVE.
UM, WHAT AN ODD EASEMENT TO BE ON PRIVATE PROPERTY.
WAS THAT THE WAY THAT IT WAS ORIGINALLY HE DESIGNED? YES.
BACK IN 1966 WHEN THERE WAS SUBDIVIDED, UH, UM, I GUESS PLANNING COMMISSION AT THE TIME WANTED TO, UH, HAVE A, SOME TYPE OF WALKWAY HE'S MET POUTINE, BOTH.
UH CUL-DE-SACS AND IT MIGHT'VE BEEN, UH, FOR PROPER, UH, FOR, TO PUT A STREET THERE TO MAKE THAT CONNECTION.
THERE'S ALSO ANOTHER WALKWAYS MAN ON A SEPARATE LOT AS WELL.
SO IT WAS ESTABLISHED BACK IN THE SIXTIES.
SO DOES THE SHORTCUT SERVE ANY PURPOSE TO GET, UH, TO A PARK WITHOUT HAVING NO, NO PARK, JUST, UH, JUST FOR A HANDFUL OF RESIDENCES ON, ON BOTH CUL-DE-SACS.
SO DOES IT SERVE A PURPOSE TOO FOR SHOPPING NOW? NOT AT ALL.
JUST FOR RESIDENTS, JUST FOR RENTING SINGLE FAMILY.
HAS THERE BEEN ANY PROBLEMS SINCE 1966? UH, NOT THAT I'M AWARE OF.
WE'VE RAN LOOKED AT, UH, UH, CRIME MAPPING.
STATISTICS ASKED THE POLICE DEPARTMENT HAVEN'T BEEN TO ANY CALLS, UH, FOR OUR SERVICE AND EVEN THROUGH OUR PUBLIC WORKS OPERATIONS, NO CALLS FOR SERVICE.
SO IF WE VACATE THE EASEMENT, WHAT IT DOES IS IT ADDS FOUR ADDITIONAL FEET TO THE TWO PROPERTY OWNERS THAT HAVE AN ISSUE WITH IT.
AND FROM WHAT I UNDERSTAND THAT THIS WALKWAY ALLOWS RESIDENTS TO GO FROM ONE CUL-DE-SAC TO THE OTHER CALL THE SEC, WITHOUT HAVING TO GO DOWN CHASE, WHICH SOMETIMES CAN BE AN ISSUE WITH TRAFFIC AND, UM, OTHER ISSUES.
AND THE REASON THE PROPERTY OWNERS WANT IT BACK IS BECAUSE THEY'RE GOING TO DEVELOP THAT PROPERTY AND, AND NOT DO THAT.
IS THERE AN ISSUE WITH NEIGHBORS, OTHER NEIGHBORS HAVE, UH, CREATING ISSUES? I THINK THE MOST UNDERLYING CONCERN THAT THEY'RE CONCERNED WITH LIABILITY, IF SOMEBODY GETS HURT OR SOMETHING THERE, THEIR HOMEOWNERS INSURANCE WOULD BE DO.
WE HAVEN'T HAD ANY ISSUES SINCE 1966.
AND THEY'RE CONCERNED ABOUT LIABILITY NOW.
OR MAYBE I CAN MAKE A QUICK CLARIFICATION.
THIS DOES NOT INCREASE THEIR PROPERTIES BECAUSE THEIR PROPERTIES ARE SUBJECT TO THESE MYTHS.
SO THEY ALREADY OWN THE PROPERTY TO THE PROPER PROPERTY LINE.
THIS EASEMENT JUST TAKES AWAY FROM THOSE TWO PARCELS, THIS, I THINK FOUR FEET, FOUR FOOT WIDE EASEMENT.
SO BY VACATING THE EASEMENT, IT JUST ALLOWS THEM TO CONTROL IT WITH NOT BEING SUBJECT TO AN EASEMENT ANYMORE, ALLOWS THEM TO CONTROL THEIR PROPERTY.
THEY CAN MOVE THEIR FENCE ACROSS WHERE THE SIDEWALK IS, AND THEN USE THAT EXTRA FOUR FEET IN THE BACK OF THEIR LIGHTS OR SIDE OF THEIR LIGHTS, WHATEVER.
I HAVE A SIMILAR EASEMENT ON THE SIDE OF MY PROPERTY AND THE CITY CAME OUT.
THEY COVERED IT UP AND NOBODY CLAIMED IT.
LET THE OPEN UP THE PUBLIC HEARING AND ASK ANGELA IF YOU HAVE ANY SPEAKER CARDS.
WE HAVE 15 CARDS AND WITH YOUR PERMISSION, I WILL CALL THE PEOPLE PRESSING IN THE CHAMBER.
UH, THE FIRST SPEAKER IS PEGGY BAILEY AND PEGGY GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS AND THE CITY STAFF.
I JUST WANTED TO LET YOU KNOW THAT ANGELA REMINDED ME TO LET YOU KNOW THAT SHE DID HAND OUT MY PACKAGE FOR PACKET FOR FURTHER EXPLANATION.
ANYWAY, AGAIN, I LIVE AT NIGHT 1194 MONA PLACE, AND I AM THE PROPERTY OWNERS.
SO I'D LIKE TO KIND OF GO THROUGH A LITTLE BIT OF WHAT MARIO WENT THROUGH JULY, 2019.
THE I VISITED THE CITY AND SPOKE TO ALEX ESPINOSA AND ASKED HIM HOW I COULD GET MY PROPERTY BACK.
HE GAVE ME THE INFORMATION SO THAT THERE'S A WHOLE PROCESS TO FOLLOW.
AND IN FEBRUARY, 2020, THEY FOUND THAT THERE WERE
[00:25:01]
NO UTILITIES AT ALL IN THAT AREA.I ATTENDED THE CITY COUNCIL VIA VIDEO ON THE 23RD OF JUNE, AND ALSO IN AUGUST WHEREBY THE COUNCIL DECIDED TO PUSH THE DECISION OUT, UH, AN ADDITIONAL HERE ON AUGUST 5TH, I CONTACTED THE TAX ASSESSOR'S OFFICE BECAUSE I HAD JUST FOUND OUT THAT THAT ACTUALLY WAS MY PROPERTY.
AND HE TOLD ME THAT THE WALKWAY WAS NOT SHOWN AS A PUBLIC WALKWAY.
THERE WAS NOTHING IN MY TITLE, NOTHING IN MY MLS LISTING THAT REFLECTED THAT THERE WAS AN EASEMENT THERE.
SO IT TOOK ME ABOUT TWO MONTHS GOING BACK AND FORTH WITH AMERICAN TITLE TO HAVE MY TITLE AMENDED, WHICH THEY, THEY GOT DONE IN A COUPLE MONTHS, AUGUST 24TH, 2020, I SENT OUT A LETTER SENT OUT ACTUALLY 56 LETTERS TO THE RESIDENTS IN THE CITY'S CATCHMENT AREA.
PUT IN THERE A SELF-ADDRESSED STAMPED ENVELOPE, A RELEASE OF LIABILITY, A LETTER I'M SPEAKING TO MY CONCERNS AND ALSO A POSTCARD STUDY.
IF ANYBODY IS INTERESTED IN MAKING CHASE AVENUE SAFER, PLEASE CONTACT ME.
BUT I, I CAN'T DO THIS ON MY OWN TO DATE.
NOT ONE PERSON HAS RESPONDED NEXT.
YOU CAN SEE, I WENT AHEAD AND TOOK THE TWO MONTHS, AUGUST, SEPTEMBER, 2020, AUGUST, SEPTEMBER, 2021 TO SHOW YOU HOW MANY TIMES A DAY PEOPLE GO THROUGH AUGUST, 2020, AUGUST, 2020 WAS 3.17 TIMES 75% OF THAT TIME.
PEOPLE DO NOT RETURN THROUGH THE EASEMENT.
THEREFORE THEY'RE HAVING TO EITHER CUT THROUGH OTHER PEOPLE'S PROPERTY OR USE CHASE AVENUE.
AND YOU'LL SEE THE SAME ON AUGUST, 2021.
NEXT, THERE WAS A SLIGHT UPTICK IN THE EPISODES A DAY SHORTLY AFTER THE CITY COUNCIL MEETING, 82% OF THE RESIDENTS RESIDE ON BENJAMIN 75, NOT RETURNING BACK THROUGH THE EASEMENT.
I'M LOOKING AT AUGUST AND SEPTEMBER.
IT WENT DOWN TO ITS USUAL AVERAGE ABOUT 2.17 2.2 TIMES PER DAY.
NEXT, THIS IS WHAT I SENT OUT TO THE RESIDENTS AND IN THE PETITION THAT THEY SUBMITTED THE PETITIONS THEY SUBMITTED.
THESE WERE SOME OF THE REASONS WHY THEY WANTED THE EASEMENT.
IT'S BUSY, THERE HAVE BEEN ACCIDENTS.
THEY'RE EXCEEDING MILEAGE THAT, UM, FOR HEALTH REASONS, UH, THAT THEY WANTED THAT CHASE, UM, THE EASEMENT TO WALK THROUGH BECAUSE OF COVID, UM, ENABLES PEOPLE TO GET THROUGH FOR EMERGENCY EXITS AND KIDS TO WALK SAFELY TO SCHOOL, ALMOST THREE YEARS OF CAMERA DATA HAVE NOT SHOWN ANY CHILDREN WALKING THROUGH TO GO TO SCHOOL, TO ATTEND SCHOOL.
NEXT RE THIS IS JUST A COPY OF THE RELEASE OF LIABILITY NEXT.
UM, IT SHOWS THAT EIGHT WERE RETURNED AND SIGN, AND FOUR STATED THAT THEY NEVER USED THE EASEMENT.
I'D NEVER HEARD FROM ANY RESIDENTS ON BENJAMIN NEXT.
SO IN CONCLUSION EVIDENCE FROM THIS DATA OF THE USAGE TO ME DOES NOT WARRANT THE CONTINUING USE LIABILITY AND EXPENSE THAT I OCCUR AS A RESULT OF THIS, LOOKING AT MY DATA AND LOOKING AT CHASE AVENUE.
IT DOESN'T SEEM THAT CHASE AVENUE IS REALLY THE OVERARCHING CONCERN.
THUS, I DO NOT FEEL IT WOULD IMPACT THE COMMUNITY.
AGAIN, I'VE RECEIVED ZERO RESPONSES FOR ANY HELP TO TRY TO MITIGATE THE ISSUES ON CHASE AVENUE AND WORKED WITH THE CITY FOR THREE YEARS.
THEN THERE THERE'S A TIMELINE OF ALL THE EFFORTS THAT I'VE MADE IN 1966, WHEN THIS WALKWAY WAS ESTABLISHED, IT WAS A DIFFERENT WORLD.
THERE WERE LOTS OF CHILDREN IN THAT NEIGHBORHOOD.
YOU KNOW, NOW WE'RE LOOKING AT A TOTALLY DIFFERENT ENVIRONMENT AND THE RISK TO MYSELF AS A PROPERTY OWNER, AS WELL AS, AS, UM, MR. BARRERA BEHIND ME.
SO I JUST AM ASKING, YOU KNOW, FOR SOME THOUGHT INTO YOUR DECISION-MAKING AND I WOULD LIKE TO HAVE MY PROPERTY BACK TO DO AS I SEE FIT.
I'M SURE THERE'S ANY QUESTIONS I PUT YOU, THANKS FOR THOROUGH INFORMATION.
WHEN DID YOU BECOME THE PROPERTY OWNER? 22 AND A HALF YEARS AGO, TWO AND A HALF.
AND WHAT URGED YOU SAY, I WANT TO DO THIS NOW, OR I WAS UNDER THE ASSUMPTION AND MY NEIGHBORS AROUND ME WHEN I BOUGHT THE PROPERTY.
THAT THAT WAS AN EMERGENCY WALKWAY.
SO I THOUGHT, WELL, THAT DIDN'T MAKE MUCH SENSE, BUT, YOU KNOW, I WAS A NEW HOMEOWNER AND I WENT AHEAD AND ACCEPTED THAT
[00:30:01]
WHEN I LOOKED AT MY TITLE AND ALL THE INFORMATION, IT WAS NEVER IN THERE.SO I DIDN'T KNOW, I DIDN'T OWN THAT PROPERTY UNTIL I STARTED A RENOVATION WITHIN MY HOUSE WHERE THE UTILITIES HAD TO COME OUT.
AND THE WHOLE THING WAS EXPLAINED TO ME AND I SAID, THIS IS NOT MY PROPERTY.
ABOUT A LITTLE OVER THREE YEARS AGO.
AND HAVE YOU TALKED TO YOUR INSURANCE COMPANY OR INSURANCE INSURANCE AGENT ABOUT THIS? YES.
IT'S MY, MY HOMEOWNER'S POLICY COVERS THE LIABILITY.
AND THAT BEING SAID, YOU KNOW, IF SOMETHING SHOULD HAPPEN ON MY PROPERTY, I'M RESPONSIBLE.
BUT THEN, YOU KNOW, I HAVE TO LOOK AT MY, MY COSTS GOING UP.
NEXT SPEAKER, JEANETTE MALONGA.
HONORABLE MAYOR AND CITY COUNCIL.
PULL THAT DOWN SO WE CAN HEAR YOU.
SPEAKING IS TERRIFYING FOR ME.
SO FORGIVE ME IF I CAN GET A LITTLE NERVOUS.
UM, I RESPECTFULLY DISAGREE THAT THE EASEMENT IS NO LONGER NECESSARY FOR ITS INTENDED PURPOSE.
IT WAS INTENDED FOR A PEDESTRIAN WALKWAY TO CONNECT BOTH COLES OF SEX AND WITH IT NOT BEING FOR SHOPPING OR WHATEVER.
IT CLEARLY WAS LIKE A COMMUNITY THING.
I BELIEVE IT TO BE ALSO INACCURATE TO STATE THAT THE ONLY BENEFITS, IT ONLY BENEFITS A HANDFUL OF RESIDENTS AT THE END OF BOTH CUL-DE-SACS, WHICH CONTRADICTS THE GREATER THAN 45 PETITIONERS AND OTHER COMMUNITY MEMBERS.
GENERATIONS OF MY FAMILY HAVE USED THE SIDEWALK FOR OVER 55 YEARS AND STILL USE IT USING IT HAS FOSTERED MANY FRIENDSHIPS ON MONA AND THAT EXISTS TODAY.
WHILE GARDENING OUT FRONT, I HAVE MET A LOT OF NEW FAMILIES AND COUPLES AND PEOPLE FROM BOTH MONA AND NIDRA WHO USE THE WALKWAY AND BECAUSE OF THE ISSUES GOING ON, I MADE IT A POINT TO OBSERVE THE PEOPLE IN THE AREA, WALKING THROUGH THAT EASEMENT NEW FAMILIES THAT HAVE MOVED IN ARE USING IT.
YOU HAVE ASKED US SINCE THE LAST MEETING WE HAVE MAINTAINED THE UPKEEP TRASH IS MINIMAL.
AND HONESTLY, WE FEEL LIKE NO MATTER HOW MANY PEOPLE ARE AGAINST THIS CLOSURE, WE FEEL WE TRULY AREN'T BEING HEARD AS FOR THE LIABILITY.
TO MY KNOWLEDGE, THERE HAS BEEN NO ACCIDENTS OR ISSUES REPORTED.
I'D LIKE READ SOMETHING THAT ONE OF THE PROPERTY OWNERS THAT REQUESTED THE VACATE SENT OUT TO THE PEOPLE.
THIS WAS INCLUDED IN THE LETTER THAT SHE WAS STATING SPEEDING TRAFFIC ON CHASE AVENUE, AUGUST, 2020.
I WANTED TO TAKE THIS OPPORTUNITY TO REACH OUT TO OUR COMMUNITY REGARDING THE CONCERNS OF ALL OF US AS TO THE SPEED OF MANY DRIVERS USING CHASE AVENUE.
CHASE AVENUE HAS BECOME A HAZARD WHEN TRYING TO EXIT OR ENTER OUR STREETS ON A DAILY BASIS, AS WELL AS OBSERVING OTHER DRIVERS OVER THE SPEED LIMIT.
MANY PEDESTRIANS USE THE SIDEWALK ON CHASE, INCLUDING GROSSMONT HIGH SCHOOL CHILDREN.
IF YOU'RE INTERESTED IN TAKING THESE CONCERNS TO THE CITY COUNCIL AND ARE PUTTING TOGETHER A GROUP OF NEIGHBORS TO COME UP WITH IDEAS, I'D BE HAPPY TO BE INVOLVED.
SO I'D NEED EVERYONE'S SUPPORT.
IF INTERESTED, PLEASE EMAIL ME.
SHE HERSELF IS SAYING CHASE IS A HAZARD BECAUSE OF THE SPEEDS DRIVEN YET.
SHE WANTS TO CLOSE OUR ONLY SAFE PASSAGE.
OUR COMMUNITY'S WALKWAY TO THE NEXT STREET.
SOMEONE WAS KILLED YEARS ONLY A YEAR AGO, EXCEEDING SPEED LIMITS.
ONLY 20 FEET AWAY FROM THE SIDEWALK.
WE WERE B WILL HAVE TO BE FORCED TO BE USED.
THIS WILL OPEN UP A WHOLE NEW NEXT LEVEL OF POSSIBLE LIABILITIES.
AT THIS TIME, I WOULD LIKE TO ASK FOR A CONTINUANCE SO WE CAN SEEK FURTHER OUTSIDE LEGAL ADVICE AND COMMUNITY INTEREST IN THIS MATTER QUESTIONS.
UM, PEGGY SAID SHE SENT OUT LETTERS FOR RELEASE.
DID YOU, WERE YOU ONE OF THE FOUR THAT PROVIDED A RELEASE? NO, HONESTLY, WHEN I RECEIVED THAT LETTER, I FELT LIKE I WAS BEING BULLIED INTO SOMETHING THAT I DIDN'T WANT TO SIGN.
UM, IT JUST, IT JUST, IT JUST DIDN'T FEEL GOOD, YOU KNOW, RECEIVING THAT TYPE OF THING THAT WE'RE BEING FORCED TO USE SOMETHING THAT WAS OBVIOUSLY DEDICATED TO THE PUBLIC.
AND SINCE MY FAMILY HAS USED IT FOR GENERATIONS AND GENERATIONS AND STILL USE IT, IT'S, IT'S SOMETHING THAT'S, YOU KNOW, I JUST DIDN'T IT JUST IN FULL RIDE.
DO YOU THINK THAT'S UNFAIR THAT SHE'S ASKING FOR A RELEASE OF LIABILITY SINCE SHE IS LIABLE? UM, I DON'T KNOW IF IT'S FAIR OR NOT.
[00:35:01]
IS SHE ACTUALLY LIABLE FOR IT? IT'S HER PROPERTY? IT IS.UM, NO, BUT I WOULD LIKE TO SEEK OUTSIDE COUNSEL.
HOW OFTEN DO YOU USE, UH, THIS EASILY? I WAS USING IT REGULARLY WHEN I, MY DOG COULD WALK THE EASEMENT AND MY GRANDSON LIVED WITH ME.
UM, AND I WOULD WALK, WE WOULD WALK IN, WE WOULD JUST GO UP AND DOWN AND THEN COME BACK AROUND AND GO, I KNOW IT USE IT, UM, QUITE FREQUENTLY THAT MY DOG GOT A LUXATING PATELLA AND WASN'T ABLE TO WALK ANYMORE.
AND THEN SHE GOT CANCER AND PASSED AWAY.
MY GRANDSON AND I WERE USING IT UNTIL THEY PUT UP A HUNTING CAMERA THAT TOOK PICTURES THAT FLASHED AT US.
UM, AND I FELT UNCOMFORTABLE WITH MY GRANDSON'S PICTURE BEING TAKEN WITH A HUNTING CAMERA.
AND I KNOW IT TO BE A HUNTING CAMERA BECAUSE MY BROTHER-IN-LAW USES THE SAME CAMERA FOR HUNTING.
IT'S CAMOUFLAGED IT'S, YOU KNOW, AND THE FLASHES.
AND I ONLY NOTICED IT WHEN A FLASHER WOULD GO OFF AND TAKE OUR PICTURES, WHICH MADE US FEEL VERY INTIMIDATED AND, AND IT WAS UNCOMFORTABLE.
AND I DIDN'T KNOW WHAT THOSE PICTURES WERE BEING USED FOR, FOR MY GRANDSON.
YOU KNOW, I DID NOT WANT HIS PICTURE TAKEN.
SO WE STOPPED USING THAT EASEMENT AT THAT POINT MORE THAN NO, I WOULD HAVE LIKED TO.
I SHOULD DISCLOSE TO YOU THAT I WENT OUT THERE LAST NIGHT AT 10 O'CLOCK TO LOOK AT THE CONDITION IT'S COMPLETELY DARK ON THE WALKWAY AND THERE'S SOME STREET LIGHTS ON BOTH ENDS, WHICH I OBSERVED WORKING.
SO THERE'S REALLY NO LIGHT PROVIDED ON THE WALKWAY, WHICH I CAN SEE CAN BE A CONCERN.
I ALSO DID WALK THE SIDEWALK ON CHASE.
TOOK ME ABOUT 45 SECONDS TO WALK.
DO YOU FEEL UNSAFE IN THAT SITUATION? HONESTLY? NO.
THERE'S NOTHING THAT I'VE, I'VE LIVED THERE SINCE I WAS FIVE AND, UM, NOT THE FULL TIME, BUT OVER 25 YEARS, I'VE BEEN AT THAT HOME.
MY FATHER'S HOME WHO WAS ORIGINAL OWNER.
UM, AND IT WAS USED AS A SELLING POINT AND I USED TO GO BACK AND FORTH ALL THE TIME.
I HAD FRIENDS, BEST FRIENDS IN OUR WE'RE STILL FRIENDS WITH FAMILIES TO THIS DAY THAT USED TO LIVE ON THAT STREET.
SO TO CLARIFY, TO CLARIFY, I'M TALKING ABOUT CHASE AVENUE.
THE SIDEWALK ON CHASE AVENUE WAS 143 FEET CORNER TO CORNER BY MY BED.
I DO FEEL UNCOMFORTABLE GOING DOWN THAT STREET AND I MAKE SURE I TRY TO WALK, YOU KNOW, CLEAR BECAUSE WHEN YOU WALK THAT STREET, UM, I'VE VIDEOED HOW FAST THE CARS ARE COMING AROUND AND IT'S A SLIGHT CORNER ACTUALLY STARTING, AND YOU CAN ACTUALLY FEEL YOU MOVE WHEN A CAR GOES BY.
I, MY, MY, UH, UNSCIENTIFIC ASSESSMENT WAS CARS WERE GOING BY THERE PRETTY QUICKLY.
AND THERE'S AND WHEN THE CROW COMES AROUND, THERE'S A HOUSE RIGHT ON HARDEN ON THE NEXT STREET FROM MONA THAT CARS HAVE CRASHED, I THINK THREE TIMES.
I KNOW AT LEAST FOR TWO TIMES A CAR COMING AROUND THAT SPEED HAS CRASHED INTO THAT HOUSE BECAUSE IT'S GOING TOO FAST.
I HAVE LIVED AT 1164 BENJAMIN PLACE FOR 36 YEARS.
PART OF THE REASON MY HUSBAND AND I BOUGHT THAT HOUSE WAS BECAUSE OF THE EASEMENT.
UM, WE HAVE USED IT DAILY FOR ALL THESE YEARS.
JUST ABOUT, UM, WE'VE ALWAYS OWNED DOGS.
UM, WE WALK UP AND BACK CHASE.
WE WE'VE BEEN WALKING, DOGS ARE CHASING AND HAD CARS JUMPED CURVES.
UM, I WALKED THROUGH THERE AT 10 O'CLOCK AT NIGHT ON MY OWN.
I'M NOT AFRAID WHEN THE STREET LAMPS WILL CHANGE TO LOW SODIUM.
YOU KNOW, THE BRIGHTNESS WENT A LITTLE BIT AWAY.
UM, I USUALLY CARRY A FLASHLIGHT ANYWAY BECAUSE THEY'LL RACCOONS AND POSSUMS AROUND AND SKUNKS HERE AND THERE.
SO, YOU KNOW, THE LIGHT, BUT I DON'T USE IT FOR ANYTHING ELSE.
IT'S BASICALLY FOR THAT OR TO PICK UP AFTER OUR DOGS.
UM, UH, WE WERE EXTREMELY UNHAPPY AT THE LACK OF, UM, OF CARING CONSIDERATION ABOUT THIS ISSUE FOR US.
UM, MANY OF THE RESIDENTS, UM, IN OUR NEIGHBORHOOD FEEL THAT WE HAVE RIGHTS
[00:40:01]
TO THIS WALKWAY EASEMENT WE'VE, MANY OF US HAVE USED IT.WE HAVE NEW FAMILIES THAT ARE USING IT, AND THAT BOUGHT THOSE HOUSES BECAUSE OF THAT.
WE'VE SUBMITTED PETITIONS, WE'VE, UH, PICKED UP MAINTENANCE PACKETS.
UM, WE HAVE, UH, TALKED WITH BOTH, UM, MR. BARRERA AND, UH, UH, THE GESTURES ABOUT, YOU KNOW, HELPING OUT ON A MORE REGULAR BASIS.
UM, W MR. BOYER DIDN'T HAVE A PROBLEM WITH THAT.
YOU CAN SEE IN THE PACKET ON REGULAR BASIS.
AGAIN, SOMETIMES IT'S A LITTLE BIT WHEN THEY, WHEN THE, THE HOUSES CHANGE HANDS, BUT EVERYBODY PICKS UP AND AS THEY WALK THROUGH OR, YOU KNOW, MAKES A NOTE ABOUT SOMETHING AND WE'VE NEVER HAD ANY ISSUES, NOT IF WE DO, SOMEBODY SAYS, OH, SOMEBODY DIDN'T CLEAN UP AFTER AND SOMEBODY GOES AND PICKS UP.
IT'S I'VE LIVED ACROSS SUMMIT.
I LIKE THE FACT THAT IT'S A LOT OF US DO THAT.
UM, WE WOULD RESPECTFULLY REQUEST YOU POSTPONE THIS RESOLUTION.
UH, SO OUTSIDE COUNSEL CAN CONFER.
UM, WE WOULD LIKE TO KNOW, UH, WHERE AND WHEN, UH, ANY OF THE COUNCIL OR CITY OR STAFF MAKES A DECISION ON THIS MATTER.
UM, WE HAVE A LOT OF PEOPLE THAT ARE VERY UNHAPPY THAT THIS IS GOING ON.
WE'RE KIND BEWILDERED AFTER SO MANY RESIDENTS HAVE PROTESTED THE CLOSURE AND GIVE IT VALID REASONS TO KEEP IT OPEN THAT THE CLOSURE IS STILL BEING PURSUED.
UM, TWO PROPERTY OWNERS HAVE RAISED CONCERNS TO TRY TO OBTAIN THE LAND THAT HAS BEEN USED AS A NEIGHBORHOOD WALKWAY FOR MANY YEARS LONG BEFORE EITHER OF THEM MOVE TO OUR DEVELOPMENT.
IT IS VITAL AND NECESSARY AND STILL BEING USED FOR ITS INTENDED PURPOSE.
UM, SEVERAL CONCERNS AND ISSUES HAVE BEEN RAISED.
AND FEW, IF ANY, HAVE REALLY BEEN A PROBLEM, I DON'T BELIEVE SOME OF THEM ARE VALID.
UM, YEAH, I'M SORRY THAT I DIDN'T NOTICE YOUR TIME HAS ENDED.
CAN YOU WRAP IT UP? UM, A LOT OF WHAT'S GONE ON IN THE, IN THE COUNCIL REPORTS AND THE, ALL OF THE PAPERWORK HAS BEEN VERY CONFUSING ABOUT THINGS AND, UH, WE FEEL THAT LEGAL COUNSEL IS NECESSARY.
SO I'LL ASK YOU THE SAME QUESTION.
WERE YOU ONE OF THE FOUR THAT RETURNED TO RELEASE? NO.
UH, DO YOU THINK THAT'S FAIR THAT SHE'S SEEKING TO BE ABSOLVED OF LIABILITY? I DIDN'T LIKE THE PAPERWORK ITSELF.
I FELT IT WAS, IT WAS A SCARY, INTIMIDATING, UM, IT REFERENCED ILLNESS, INJURY OR DEATH WHILE WALKING THROUGH THE EASEMENT.
UM, THERE WERE OTHER THINGS THAT WERE IN THERE THAT WERE NOT CLEAR AND WEREN'T, AND I WOULDN'T FIND IT WITHOUT LEGAL COUNSEL.
IT DIDN'T, YOU KNOW, AND ADVICE.
SO I THINK THE TWO HOMEOWNERS WOULD ALSO SAY, HEY, WE HEARD THIS THING A YEAR AGO.
YOU'VE HAD A YEAR TO GET OUTSIDE.
COUNSEL, WHY DO YOU WANT MOSTLY, WE THOUGHT WITH ALL OF THE, ALL OF THE PETITIONS AND, AND WITH THE, UM, YOU KNOW, THE MAIN, WE ACTUALLY STARTED MAINTENANCE IN JUNE OF OH, JULY OF 2020 BEFORE YOU EVEN ASKED US TO DO A CONSENT, YOU KNOW, TO DO A CONSENSUS.
UM, WE, WE, WE TALKED AND, AND, YOU KNOW, UH, MRS. JESSIE DIDN'T WANT ANY HELP ON HER.
AND, AND TO BE HONEST, THERE REALLY ISN'T THAT MUCH TO DO AT HER END.
SO MR. BURWELL WAS GLAD AND WE ALL JUST HOP TO, AND, YOU KNOW, AS WE USED TO.
IF I CAN, UM, APPRECIATE THE CITY COUNCIL AND CITY STAFF TAKING THE TIME TO HOLD THE MEETING SO WE CAN BE HEARD.
I LIVE AT 1164 BENJAMIN PLACE, AND WE'VE BEEN THERE FOR A VERY LONG TIME.
WE'VE RAISED OUR FAMILIES AND ASSOCIATED WITH OTHER FAMILIES, AND WE CONTINUE TO ASSOCIATE WITH THEIR FAMILIES.
THE EASEMENT WALKWAY PROVIDES FOR PUBLIC SAFETY TO AVOID CHASE, AND THAT'S KNOWN TO DUE TO FATALITIES AND SPEEDING CARS PRIOR INCIDENTS AT MAJOR MOTOR PLACE AND A BENJAMIN PLACE MOVE NEAR AND LONGTIME PROPERTY OWNERS AND
[00:45:01]
RENTERS ARE WANTING THIS EASEMENT FOR THEIR SAFETY TO WALK IN THEIR COMMUNITY.WITHOUT FEAR OF JACE AVENUE PROVIDE SAFE PASSAGE FOR OUR CHILDREN, FOR THEIR CHILDREN, FOR THE NEW FAMILIES THAT ARE COMING IN AND WALKING AROUND AND BABY CARRIAGES AND A LITTLE CAR RIDERS AND THINGS, AND PROMOTES COMMUNITY WITH EVERYONE IN BOTH STREETS.
IT'S, IT'S WHAT ALCOHOLICS SHOULD BE ABOUT COMMUNITY AND SAFETY.
AND THAT, THAT AFFORDS THAT TO US.
THE EASEMENT WAS A BUYING FEATURE AND IT BENEFITS TO ALL HOMES IN THIS COMMUNITY OWNERS ON 1194 BENCH MOMA PLACE, AND 1185 BENJAMIN PLAINTIFFS WERE WHERE THEY USED.
BUT, UH, ON THOSE STREETS WHEN THEY PURCHASE THEIR PROPERTIES AND THEIR PROPERTY VALUES WERE PROBABLY DIMINISHED AS A RESULT OF HAVING THE EASEMENTS DIRECTLY ADJACENT TO THEIR HOMES.
IT WASN'T SOMETHING THAT WAS OUT.
IT WAS OBVIOUS YOU CAN'T MISS IT.
YOU'VE SEEN THE PICTURES AND WE PROVIDED PETITIONS AND PICTURES TO SUPPORT IT, ESPECIALLY WITH WALKING THIS EASEMENT AT THIS TIME, AND WITH THE PANDEMIC AND EVERYTHING THAT'S BEEN GOING ON, IT PROVIDES FOR THE OPPORTUNITY TO HAVE SOME SAFE WALKING AREA BETWEEN THE STREETS, WITHOUT GOING ON CHASE AVENUE, WHICH IS DEADLY AND SERIOUSLY A PROBLEM.
BUT WE AVOID THAT AT ALL COSTS, ET CETERA, OUR KIDS.
AND I WALK MY DOGS DOWN THERE.
UH, I BELIEVE THAT AS I SAID, I THINK THEIR PROPERTY VALUES WERE LESS AS A RESULT OF THEM BUYING, KNOWING THAT THERE WAS AN ADJACENT EASEMENT THERE, THE LIGHTS AT THE END OF THE STREET, I CAN SEE FROM ONE END TO THE OTHER.
I'M SORRY, MR.
I CAN SEE FROM THE BEGINNING TO THE END AT NIGHT, AND I WALK MY DOGS AT 11, 11 30 AT NIGHT, AND THERE'S NO PROBLEM, BUT I DO CARRY A FLASHLIGHT IN CASE WE HAVE TO PICK UP AFTER THEM.
I'M NOT VERY MUCH GOOD PUBLIC SPEAKER.
SO TO ME, THERE ARE SEVERAL CODES THAT HAVE BEEN INDICATED HERE AND INDICATED IN THE LISTINGS BY THE CITY THAT ARE PERTINENT IN THIS CASE.
AND SEVERAL OF THEM HAVE BEEN VIOLATED.
82, 23 SITES, 14 DAYS PRIOR NOTICE WE HADN'T HEARD ANYTHING IN 12 MONTHS, AS A MATTER OF FACT, AND THOUGHT THIS WAS ALREADY, I WAS JUST GOING TO STAY OPEN.
AND THEN 13 MONTHS, ALL OF A SUDDEN THERE WAS A NOTICE POSTED ON 9 21, 28 FOR MEDIA WITH SNYDER 28, 28.
DOESN'T PROVIDE US 14 DAYS TO GET COUNSELOR INFORMATION OR PREPARE FOR THIS.
IT VIOLATES THIS THEORY OF VINCE'S IN THE STATE STREETS AND HIGH RES.
AND THAT'S WHY WE'RE LOOKING FOR A POSTPONEMENT.
I'M STARTING TO DO THIS CHIP THAT YOUR TIME HAS ELAPSED.
HOPEFULLY YOU'LL CONSIDER ALLOWING US TO SEEK COUNSEL BECAUSE I THINK WE'VE BEEN MAPPED GIVEN ADEQUATE TIME OR NOTICE.
WE SEE IF THERE'S ANY QUESTIONS FOR YOU.
ANY QUESTIONS I'LL ASK YOU THE SAME QUESTION THAT WHERE YOU, ONE OF THE FOUR PEOPLE THAT RETURNED TO RELEASE, I LOOKED AT THAT RELEASE.
IT WANTED TO TAKE AWAY OUR PERSONAL RIGHTS.
IT DID NOT WANT TO GO THROUGH ANY MEDIATION.
THEY DIDN'T WANT TO TALK TO US.
WE'VE TALKED TO THEM WHEN WE OFFERED TO FIX IT AND CLEAN IT AND HELP HIM, THEY WERE JUST GOING TO GO CLOSE IT.
WE KNOW PEOPLE IN HIGH PLACES.
WE HAVE PEOPLE THAT ARE IN THE CITY AND PUBLIC GOVERNMENT AND POOR AND POLICE, AND WE'RE GOING TO MAKE THIS THING CLOSE AND THEY WERE UNWILLING TO DISCUSS IT ANY FURTHER.
I MEAN, WE COULD HAVE SET UP A CCNR OR SOMETHING, OR WE'LL TALK TO ALL THE NEIGHBORS ABOUT HAVING A PAYMENT TO GET IT CLEANED UP OR TO, TO MAKE IT EASIER FOR THEM IN A LIABILITY ISSUE.
THIS IS A DEDICATED PUBLIC EASEMENT.
MY UNDERSTANDING WAS IT'S CITY PROPERTY, AND IT WASN'T REQUIRED FOR THEM TO HAVE LIABILITY, BUT IF THEY HAVE LIABILITY INSURANCE, GREAT, IT MAY OR MAY NOT EXTENDED AND MAY BE EXCLUDED BY THEIR POLICY.
AS WE TALKED TO STATE FARM, WE TALKED TO FARMERS AND THEY SAID, NO, THAT SHOULDN'T BE A PROBLEM FOR THEM.
SO I WAS ASKING FOR THE QUESTION, DID YOU SIGN THE RELEASE? THAT'S ALL I WAS, NO, I DID NOT ADD FOR PURPOSES THAT I FELT I'D BE GIVING UP MY RIGHTS.
ANOTHER QUESTION, ANOTHER QUESTION.
HOW'S THAT? UH, HOW OFTEN DO YOU USE THE EASEMENT? TWO TO THREE TIMES A DAY.
I GO, USUALLY BOTH DIRECTIONS.
AND ESPECIALLY WITH THIS PANDEMIC AND EVERYTHING THAT'S GOING ON, I'VE BEEN LOCKED IN AT HOME NOW AS EVERYBODY ELSE MAY HAVE BEEN.
AND THAT IS THE WAY THAT I EXERCISE SAFELY.
AND I USE IT ALMOST EVERY DAY.
I DON'T UNDERSTAND THE STATISTICS.
I DON'T KNOW HOW IT WAS VALIDATED, WHERE IT WAS VERIFIED, HOW LONG THE INFORMATION WAS LOOKED AT.
I'VE SEEN NOTHING AS FAR AS THE ORIGINAL PETITION AND FINDINGS, WHETHER THERE WERE 10 PEOPLE THAT SUPPORT IT OR TWO THAT WERE FALLING.
WE KNOW IT WAS THOSE TWO PEOPLE, BUT I THOUGHT THE ORDINANCES CALL FOR 10 FOLKS OR 10 PETITIONERS ON THIS.
AND I DON'T KNOW WHY THIS IS EVEN COME HERE AT THIS POINT, BUT I THINK IT'S A PUBLIC SAFETY MATTER.
I'M CONCERNED ABOUT MY SAFETY, 48 NEIGHBORS
[00:50:01]
RESIGNED NOMINATION.SO I HAVE TO ASK YOU TO MOVE ON.
THANK YOU, MR. STARK, JAMES RENZI.
WOULD YOU SAY WHO'D YOU WANT TO ASK A QUESTION TO STAFF? UM, IT, DID WE DO THE PROF PROPER NOTIFICATIONS REGARDING, UM, LETTING THE RESIDENTS KNOW THEY'RE THERE? THE LAST PUBLIC COMMENT SAID THAT THERE WAS, WE WERE IN VIOLATION OF SOME CODE AND NOT NOTIFYING, UM, WITHIN AN AMOUNT OF TIME.
AND I KNOW THAT WE, THIS ALREADY CAME BEFORE COUNCIL A YEAR AGO, AND WE SAID, WE'RE GOING TO EXTEND IT FOR A YEAR.
SO EVERYONE'S KNOWN ABOUT IT FOR A YEAR, BUT JUST WANT TO MAKE SURE THAT THAT WAS ADDRESSED.
UM, WHAT COUNCIL MEMBER ORTIZ AND THE REST OF THE COUNCIL, THE TYPICAL PROCEDURE, WHEN WE HAVE SOMETHING EXTENDED THIS LONG OF A PERIOD OF TIME, AND WE'VE CONTINUED THE HEARING AS WE CONTINUE IT TO A DATE.
CERTAIN, IF NOT, WE DO A WHOLE NEW NOTICING.
I WILL HAVE TO DEFER TO STAFF ABOUT THE TIMING OF THAT NOTICE AND, AND COMPLIANCE WITH THE CODE, UH, THAT DIDN'T COME OUT OF.
I DON'T EVEN THINK IT COMES OUT OF THE CITY CLERKS NOR MY OFFICE OR CITY MANAGER.
SO PUBLIC WORKS WILL NEED TO LET US KNOW THE PROPER TIMING OF ANY, UM, PUBLISHED NOTICE OF THE PUBLIC HEARING.
UM, WHY, WHY WE'RE HAVING THE HEAT, THE HEARING, UH, GRAHAM, SOMEBODY COULD GET AN ANSWER TO THAT QUESTION.
WELL, I THINK PUBLIC WORKS STAFF STABILITY INTO THAT RIGHT NOW.
LET'S UH, SINCE WE HAVE SOMEBODY HERE, PHIL, I'M GOING TO GO AHEAD AND TAKE THIS, THIS PERSON.
UH, MAUREEN, I'LL CALL YOU BACK UP WHEN THE JOHN WAS FINISHED.
MY NAME IS JIM RENZI, UH, INDUCED CONSULTANT.
I'M AT 1128 EAST WASHINGTON UNIT D.
I'VE ALSO BEEN A RESIDENT IN THAT SUITE OF FAMILIES SINCE 1967 TO 19, UH, 2019.
UM, WHAT I'M HERE ABOUT IS ON THIS.
I'M ASSUMING THAT MR. FOLEY AND OUR CLERK OF THE BOARD HAS BEEN FOLLOWING THIS DOCUMENT FROM THE ORIGINAL SUBMITTER BACK IN JUNE OF 2020, GOING OUT, AND YOU WOULD BE FOLLOWING THE SAME RECOMMENDATIONS OF THE CODE OF THE STATE OF CALIFORNIA FOR PUBLIC RIGHT AWAY.
EASEMENTS, DO YOU WANT TO GO AHEAD AND GET THAT DOCUMENT TO OUR, OUR CLERK? CAUSE I DON'T KNOW WHAT THAT DOCUMENT IS.
SO IF YOU HAVE A DOCUMENT, YOU GOTTA SUBMIT IT TO THE CLERK AND THEN THEY'LL, UH, SHE GIVES BACK TO YOU I'M SURE.
WHAT'S THAT DOCUMENT? IT STAYED INTO THE GENERAL VACATION PROCEDURES, 83, 20 THROUGH 83, 25.
I HAD SPOKEN TO, UH, MAKE SANCHEZ MR. SANCHEZ, UH, THIS AFTERNOON ABOUT IT.
AND WE NOTICE IF THEY'RE GOING TO BE FOLLOWING THE PROCEDURE, THEY WOULD HAVE BEEN AFTER A YEAR OUT, THEY WOULD HAVE GONE BACK AND WE SENT THE NOTIFICATION THAT IS 15 DAYS PRIOR TO TODAY.
THEY ONLY LET OUT TWO SIGNS AS HE'S INDICATING THEY HAVE HAVE A MINIMUM OF THREE SIGNS OR FOUR BECAUSE OF THE PROXIMITY.
AND WE WERE GOING TO GET POSTED FOR THE PUBLIC.
THAT WOULD BE SECTION 83, 21 SECTION D N E, THAT YOU WOULD GO UP TO SUB QUIP.
BUT JUST TO BE CLEAR, YOUR CONTENTION IS THAT THIS MEDIA WAS NOT PROPERLY NOTICED.
THAT'S PART OF IT NOW, UH, WITH THE APPLICANT COMING TO TODAY BEFORE YOU, UH, SHE WOULD BE HAVING TO MAKE HER FINDINGS.
AND I NOTICED PLANNING SAID NO NEGATIVE DECK IS REQUIRED, BUT TO ENGINEER AND ENGINEER, WE WERE NOTIFIED THAT ON SECTION 83 31, THERE HAS TO BE A PERIOD OF FIVE YEARS CONSECUTIVE WITH AN ABANDONMENT OR NO USE OF THAT EASEMENT PRIOR TO A CITY TO VACATE THAT EASEMENT OF A PUBLIC EASEMENT.
IT WAS PRIVATE IN NATURE OF OWNERSHIP.
WHAT YOU GUYS WOULD BE DOING TODAY IS CHANGING THE TERMINOLOGY FROM PUBLIC TO PRIVATE EASEMENT.
AT THE SAME TIME THAT EASEMENT DOES NOT HAVE A LIABILITY RUNNING WITH IT.
IT'S NO DIFFERENT THAN A PUBLIC SIDEWALK THAT SITS IN FRONT OF YOUR HOME.
SO IF I HAVE A LIABILITY ON A SIDEWALK, THEN I HAVE A LIABILITY ON THAT PRIVATE, UH, PEDESTRIAN EASEMENT.
AND IN THIS CASE, YOU DON'T, IF YOU CHECK WITH YOUR INSURANCE COMPANY, THEY'LL SAY NO, THE LIABILITY RENTS TO THE CITY OF OKLAHOMA, THAT'S WHERE THEY TAKE IT AT THE SAME.
MR. FORTNER WOULD UNDERSTAND BACK IN 2002 STATE OF CALIFORNIA FOR THESE TYPES OF EASEMENTS HAS RELIEVED ALL LIABILITY ISSUES TO PRIVATE PARTIES.
IT GOES TO THE PUBLIC AGENCY WHO HOLDS THAT EASEMENT TIME'S UP, BUT LET ME ASK YOU A QUESTION.
ARE YOU REPRESENTING SOMEBODY AS AN ATTORNEY? NO.
I'M GOING TO BE WORKING WITH THE ATTORNEY ON THIS.
[00:55:01]
TALKING ABOUT IT OR, YOU KNOW, WORKING WITH THE HOMEOWNERS BECAUSE THEY COULD NOT GET ANYTHING WITH THE APPLICANTS.ARE YOU A RESIDENT OF THE, I USED TO BE A RESIDENT HERE 2020, UH, 2019.
I ZERO FROM, WITH MY FAMILY FROM 1967 ON OUR KIDS HAVE USED IT AND IT WAS TO SHARE AND TODAY FOR A GREENHOUSE CONSIDERATION THAT REDUCES THE CARBON BY JUST WALKING OVER THERE.
LET ME SEE IF THERE'S ANY QUESTIONS.
AND SO THERE'S, THERE'S QUESTIONS ABOUT THE NOTIFICATION OF A, THE MEETING.
WE MAILED OUT NOTIFICATIONS ON SEPTEMBER SIX TO ALL THE RESIDENTS ON MOANA PLACE AND BENJAMIN PLACE.
AND THAT WE NOTIFIED, UH, ACTUALLY DO A PUBLIC NOTICE TWO SEPARATE TIMES AND THE GAZETTE, AND ALSO, UH, POSTED LAST WEEK.
I HAVE A COUPLE OF PHOTOS HERE BY MY INTERN, UH, AT THE TWO STREET LIGHTS.
AND THEN WE POST THAT THE KIOSK AS WELL, RIGHT HERE ON THE FRONT OF WELLSTAR AGENDA.
I'M GOING TO GIVE THIS TO MY, JUST OUT OF CURIOSITY, MARA, WHEN, WHEN PEOPLE, UH, EMAIL ABOUT THIS KIND OF PROBLEM, I, AS, AS I ASSUME, THEY HAVE OVER THE LAST YEAR OR SO, ARE THEY ALSO NOTIFIED BY EMAIL OF ANY KIND OF UPCOMING EVENTS? NOT BY EMAIL, BY REGULAR MAIL.
ANY QUESTIONS FOR MARIO? OKAY.
NEXT SPEAKER IS DEBORAH MCLENNAN.
HOW ARE YOU? GREAT, GOOD AFTERNOON.
UH, MY NAME IS SARAH MACLENNAN AND I AM A PROGRAM ANALYST FOR A DEPARTMENT OF THE NAVY FOR GOSH, ALMOST 30 YEARS.
UM, I'VE BEEN A RESIDENT OF OKLAHOMA FOR 50, OVER 50 YEARS.
UH, AND I'M A MEMBER OF THE FOOTHILLS COMMUNITY, UM, CHURCH CHRISTIAN CHURCH.
THEY CHANGED THEIR NAME, SORRY, SINCE 1995.
I'M SPEAKING ON BEHALF OF BEING A COMMUNITY MEMBER.
UM, MY FATHER STILL LIVE AND SISTER LIVE ON BEDROOM IN PLACE, MY MOTHER-IN-LAW AND UNCLE LIVE ACROSS THE STREET FROM MY FATHER ON VENTURE IN PLACE, WHICH IS ONE HOUSE DOWN FROM THE EASE WAY.
UM, I JUST FOUND OUT ABOUT THIS AT TWO 30.
AND SO I THOUGHT IT WAS THAT IMPORTANT THAT I GET UP HERE AND AT LEAST SPEAK.
AND, UM, FROM A COMMUNITY STANDPOINT, UM, THERE'S TWO THINGS, UM, THAT I'D LIKE TO ADDRESS.
AND THAT IS, YOU KNOW, THE CONCERN FOR THE TRASH LO LOITERING, UM, LIABILITY AND ONGOING MAINTENANCE.
I THINK OTHERS HAVE ALREADY TALKED ABOUT THE LIABILITY.
UM, BUT AS FAR AS THE TRASH LOITERING IN THE ONGOING MAINTENANCE, BUT PEOPLE IN THE AREA, UM, THAT LIVE ON THE STREET, THEY HAVE DONE A VERY GOOD JOB OF KEEPING UP WITH IT.
I VISIT BENJAMIN PLACE AT LEAST, YOU KNOW, THREE TO FIVE TIMES A WEEK.
I GO AND SEE MY MOTHER-IN-LAW.
UM, SO WE, UM, AS FAR AS THE LIABILITY, THERE HASN'T BEEN ANY ISSUES AS MS. MITCHELL SAID FOR 54 YEARS.
SO I'M NOT SURE WHY THERE STILL A CONCERN ABOUT THAT.
UM, AND SO I UNDERSTAND THAT THERE'S BEEN 45 RESIDENTS, SO THERE'S 45 PEOPLE.
I MEAN, RESIDENTS WHO SIGNED A PETITION AND I'M SURE THERE WAS MORE COMPARED TO THE TWO PEOPLE THAT WANT FOR FEEDBACK ON EACH SIDE, WHICH I, I GET THAT.
UM, BUT, UM, LIKE TO RESEARCH WHAT THE ACTUAL UNDERLYING ISSUE IS.
UM, SO IT'S ALL ABOUT COMMUNITY.
AS FAR AS USE OF THAT, I HAVE THREE GRANDCHILDREN THAT I GO BACK TO THAT STREET AND WE PLAY AND REWRITE AND EVERY HALLOWEEN, ALL THREE GENERATIONS OF FORMER BENJAMIN PLACE RESIDENTS GATHER TO GO TRICK OR TREATING.
AND WE WALKED THROUGH THAT HE'S WAY.
SO IT'S A COMMUNITY ISSUE, YOU KNOW, WE, SO IT'S BEING USED, UM, FOR, UM, BY NUMEROUS GENERATIONS, THERE'S A NEW GROUP OF GENERATION OF KIDS THAT ARE MOVING IN THAT I SEE THEM WITH THEIR PARENTS AND WALKING THROUGH WHAT GRINDING THROUGH THE EASE WAY.
SO IN THIS DAY AND AGE, WE REALLY NEED TO SUPPORT COMMUNITY.
YOU KNOW, WE NEED TO ENCOURAGE, UM, EXERCISE AND, YOU KNOW, BEING ABLE TO GO AND IT'S AND THE SAFETY AS WELL.
UM, SO I ALSO REQUEST THE CONTINUATION BECAUSE I JUST FOUND OUT ABOUT THIS AN HOUR AND A HALF AGO.
AND I REALLY LIKE TO ENGAGE AND TO HELP SINCE THIS DOES IMPACT MY GRANDCHILDREN, MY NIECES, MY NEPHEWS, UM, THEIR CHILDREN.
UM, AND SO I REQUEST THAT CONTINUANCE SO I CAN ANALYZE ENGAGED AND HELP SUPPORT
[01:00:01]
THIS ISSUE.IS THERE ANY QUESTIONS FOR YOU? SO WE'RE SET.
YEAH, YOU GOT HELP HERE TODAY.
MY NAME'S COREY CLAWSON AND THIS IS CARTER.
WE JUST MOVED TO 1128 MONA PLACE ABOUT A YEAR AGO, AND WE REALLY LIKED THE CUL-DE-SAC.
AND WHAT DREW US WAS THE EASEMENT THAT WE COULD GO BETWEEN THE CUL-DE-SACS WITHOUT ANY HARM.
CAUSE WE, WE NOTICED RIGHT AWAY AT CHASE STREET WAS, UH, SUPER BUSY AND UH, SO WE DON'T WANT TO GO ON THAT STREET AT ALL COSTS.
SO WE LIKE THE EASEMENT AND, UM, WE, UH, HAVE USED IT LIKE PROBABLY THREE TIMES A DAY SINCE WE'VE BEEN THERE WITH, UH, OUR GRANDPARENTS, HIS GRANDPARENTS COME AND THEY TAKE THEM ON WALKS AND HIS SCOOTER.
SO WE, WE, WE USE IT LITERALLY THREE TIMES A DAY AND WE JUST WANT TO KEEP IT OPEN AND KEEP THE SKY SAFE AND KEEP, UH, UH, ANY FUTURE GENERATION SAFE, I GUESS.
CAUSE UH, CHASE STREET IS SOMETHING THAT WE SHOULD AVOID AT ALL COSTS AND UH, I GUESS, UH, THAT'S IT.
I ASKED EACH PERSON WHO LIVES ON MONA AND BENJAMIN WHERE YOU ONE OF THE FOUR THAT RETURNED THE LIABILITY.
I HAVE NINE COMMENTS THAT WERE SUBMITTED ONLINE.
THE FIRST ONE IS FROM REVEREND EDITH WASHINGTON WOODS AND SHE WRITES OUR PROPERTIES ADJACENT TO THE EASTMAN LOCATED ON THE SITE MAP REFERENCE FOR THE HEARING ON SEPTEMBER 28TH, WE DON'T HAVE ANY ISSUES WITH THE EASTMAN BEING USED FOR WALKING BETWEEN BOTH STREETS AND THE USE OF NOT WALKING ALONG CHASE, WHICH IS X, WHICH IS EXTREMELY BUSY.
THE THINGS THAT WERE STATED IN THE 2020 LETTER BY TWO OF THE FOUR PROPERTIES ADJACENT TO THE EAST MINT STATED THAT THINGS WERE HAPPENING, WHICH WE HAVE NOT SEEN NOR HEARD IN THE TWO YEARS WE HAVE LIVED HERE.
OUR MAIN BEDROOM IS LOOKING IN ON THE FIRST FLOOR OF THE EASTMAN SIDE AND WE HAVE NOT BEEN DISTURBED BY ANYTHING HAPPENING EITHER DAY OR NIGHT.
THE STREET IS WHERE WELL LIT AND AT NIGHT AND QUIET IS ONE OF THE HOMEOWNERS ON ONE SIDE OF THE EASTMAN, WE HAVE NEVER BEEN CONTACTED BY ANYONE INQUIRING ABOUT THE EASTMONT.
THAT EASEMENT IS BETWEEN OUR PROPERTY AND THE PROPERTY AT 1185, BENJAMIN THE PICTURES SUBMITTED OF THE EASTMAN INCLUDE OUR WHITE VINYL FENCING, THE TREES HANGING OVER THE EASTMAN FROM 1185.
OUR UNKEPT AND ROTTING FRUIT IS OFTEN IN THE WALKWAY, ALONG WITH WEEDS AND LEAVES AT THE BOTTOM OF THE FENCE, WE ARE CONCERNED IF THE EASTMAN HAS VACATED THE OWNER AT 1185 WILL PLACE THEIR FENCE AGAINST OUR FENCE AND MAKE US UNABLE TO ACCESS THE WEEDS AND LEAVES.
AND THAT WILL BECOME AN OVERGROWN AS THEY WERE BEFORE OUR NEIGHBORS VOLUNTEERED TO CLEAN UP THE 1185 SIDE.
OUR SECOND CONCERN IS THAT THERE ARE ALREADY FIVE CARS PARKED IN THE FRONT YARD, THREE PARKED IN THE FRONT AND TWO CAR GARAGE AND TWO ARE PARKED IN THE YARD NEAR THEIR FRONT DOOR.
PLUS ANOTHER ONE PARKED ON THE STREET.
WE BELIEVE THE SIX CAR WILL ALSO BE PARKED ILLEGALLY AGAINST THE FENCE IN THE SPACE, OPENED UP.
IF THE EASTMAN IS CLOSE, THERE WAS ALSO A STREETLIGHT NEAR THEIR FENCE AND THE EASTMAN ON THEIR PROPERTY.
I WOULD LOVE TO SEE A COMPASSIONATE RESOLUTION TO THE REQUEST, WHICH HONORS ALL OF THE NEIGHBORS INVOLVED, NOT JUST THE COUPLE WE ALL WANT TO LIVE IN HARMONY TOGETHER.
THANK YOU FOR LISTENING TO MY CONCERNS.
NEXT COMMON IS FROM TIM PILOT AND HE SAYS, MY DAUGHTER AND HER FAMILY LIVE AT 1128 MANA PLACE.
I VISIT MY GRANDSON OFTEN WHEN VISITING, WE SPEND A LOT OF TIME BEING ACTIVE.
THAT INCLUDES MANY WALKS AROUND THE BLOCKS.
IT WOULD BE A SHAME FOR MY FAMILY TO NOT BE ABLE TO ACCESS THE EASEMENT BETWEEN MOANA PLACE AND BENJAMIN PLACE.
IT HELPS KEEP THEM ACTIVE IN A SAFER WAY.
SINCE THE CITY DECIDED TO ALLOW FOR MORE CARS ON CHASE AVENUE, IT HAS BECOME A RACE WAY OF SORTS.
I FEEL SAFER KNOWING MY GRANDSON CAN ENJOY HIS NEIGHBORHOOD WITHOUT HAVING TO RISK GOING ANYWHERE NEAR CHASE AVENUE.
I DON'T SEE AN ADVANTAGE TO CLOSE IN THE EAST EVENT.
THE USE OF THE PROPERTY QUALIFIES AS INNOCENT AND THE RELATIVE HARDSHIPS AND BURDEN ASSOCIATED WITH LOSS OF USE IS SUBSTANTIALLY GREATER THAN THE HARDSHIP TO THE OWNER CAUSED BY THE CONTINUANCE OF THE MINT.
NEXT COMMENT FROM CHRIS KLASSEN, MY SON AND HIS FAMILY LIVE AT 1128 MANA PLACE.
WHEN I VISITED, I TAKE MY GRANDSON ON MULTIPLE WALKS, BIKE RIDES, SCOOTER RIDES, ET CETERA.
WE ENJOY USING THE EASEMENT TO ACCESS BENJAMIN PLACE SO THAT WE CAN EXPLORE MORE OF THE NEIGHBORHOOD.
AND MY GRANDSON CAN PLAY WITH THE CHILDREN FROM BENJAMIN PLACE.
I HAVE WALKED ALONG CHASE AND I DON'T FEEL SAFE DOING SO.
I DON'T WANT MY GRANDSON TO AVOID SEEING HIS FRIENDS ON THE OTHER STREET BECAUSE IT IS
[01:05:01]
TOO SCARY TO WALK ALONG CHASE AVENUE.PLEASE ALLOW THIS WONDERFUL, UNIQUE TREASURE OF THE NEIGHBORHOOD TO STAY OPEN FOR THE ENJOYMENT OF THE PEOPLE WHO LIVE THERE.
COMMON FROM CRESCENTA LAKE PINK.
I HAVE LIVED ON MONIQUE MONA PLACE FOR 13 AND THAT TIME I HAVE REGULARLY USE THE WALKWAY.
WHEN MY CHILDREN, I HAVE GONE FOR WALKS.
AND THESE MANY YEARS, WE HAVE EXPERIENCED MANY ACCIDENTS ON CHASE AVENUE WHERE STREET CROSSES.
I NOW HAVE A FIVE-YEAR-OLD GRANDDAUGHTER THAT RIDES HER BIKE.
WHILE I WALK WITH HER, WE STILL USE A WALKWAY TO CROSS BETWEEN STREETS.
IN ADDITION, I WORK FROM HOME AND ANY GIVEN DAY, I SEE NO LESS THAN 15 TO 20 GROUPS OR INDIVIDUALS THAT WALK PAST MY HOUSE AND USE THE WALKWAY TO CROSS OVER TO THE OTHER STREET.
THAT WALKWAY IS HEAVILY USED AND IS SAFE WAY FOR RESIDENTS TO GET IN THERE.
EXERCISE NEXT COMMENT FROM DANA FINESSEY S A RESIDENT ON MOANA PLACE.
I HAVE CONSISTENTLY USED THE PUBLIC EASEMENT TO WALK MY DOGS AND EXERCISE.
IT IS EXTREMELY USEFUL TO AVOID THE DANGEROUS OF CHASE AVENUE WITH SPEEDING CARS.
FOR YEARS, I HAVE USED THIS PUBLIC EASTMAN MOST OFTEN IN THE VERY EARLY HOURS OF THE MORNING AND HAVE NEVER FELT UNSAFE OR RUN INTO ANYONE WHO DOES NOT LIVE IN THE NEIGHBORHOOD.
IT HAS BEEN MOSTLY WELL-MAINTAINED AND I NOTICED THAT MANY OTHER NEIGHBORHOOD RESIDENTS USE IT DAILY.
I HAVE NOTICED CHILDREN OF THE NEIGHBORHOOD USING IT DURING THEIR WALKS TO AND FROM SCHOOL.
PUBLIC EASTMAN MEANT TO ALLOW RESIDENTS TO USE AS PART OF THEIR DAILY LIVES.
IT CONTINUES TO BE USED AS SUCH AND SHOULD CONTINUE WITHOUT THREAT OF CLOSURE.
I AM UNABLE TO ATTEND THE HEARING IN PERSON DUE TO WORK SCHEDULES AND HOPE MY USE AND SUPPORT OF THE PUBLIC EASTMAN WILL ASSIST IN KEEPING THIS NEIGHBORHOOD AMENITY AND TACT FROM RACHEL KLASSEN, NEW HOMEOWNER ON MOANA PLACE.
SINCE AUGUST, 2020, I HAVE A THREE-YEAR-OLD.
THE EASTMAN WAS A LARGE SELLING POINT WHEN BUYING OUR HOME SO THAT WE COULD TAKE LONGER WALKS AROUND THE NEIGHBORHOOD WITHOUT VENTURING TOWARDS CHASE AVENUE, BEING ACTIVE, AS IMPORTANT TO US.
AND WE USE THE EASTMAN MULTIPLE, MULTIPLE TIMES PER DAY, TO AVOID HAVING TO WALK ALONG CHASE AVENUE, WHERE CARS DRIVE OVER FOUR 40 MILES PER HOUR.
WE HAVE MET MANY NEIGHBORS FROM BENJAMIN PLAYS AND APPRECIATE THE FLUSTERING OF COMMUNITY THAT EASTMAN FACILITATES THOUGH.
WE HAVE NEVER SEEN THE EASTMAN, MISUSED OR UNCLEAN.
WE ARE WILLING TO CONTRIBUTE IN ANY WAY NECESSARY TO MAINTAIN AND CARE FOR IT.
WE LOVE OUR NEIGHBORHOOD AND THIS IS OUR FOREVER HOME.
I WANT OUR PARENTS, CHILDREN AND PETS TO HAVE A SAFER OPTION TO INTERACT WITH NEIGHBORS AND ENJOY THE NEIGHBORHOOD.
I THINK OF THE EASTMAN AS AN ADDED BENEFIT OF OUR NEIGHBORHOOD, AND IT WOULD BE A SHAME TO BE ROBBED OF THE ENJOYMENT.
IT PROVIDES MY ENTIRE FAMILY AND NEIGHBORHOOD.
PLEASE ALLOW US TO CONTINUE TO USE THE EASTMAN AS IT WAS ORIGINALLY INTENDED FOR ENJOYMENT AND FOSTERING COMMUNITY.
THE NEXT ONE IS FROM KATHLEEN CASTEEL AND SHE WRITES, I WAS SURPRISED TO SEE THE WALKWAY BETWEEN MOANA PLACE AND BENJAMIN.
SO SOON AFTER IT WAS DETERMINED TO BE A BENEFIT FOR THE SURROUNDING NEIGHBORHOOD.
THE WALKWAY IS USED DAILY BY MANY NEIGHBORS, AND IT'S A SAFE PASSAGEWAY FROM CHASE AVENUE.
THE CAMERA'S PLACED IN THE WALKWAY LAST YEAR BY THE HOMEOWNER TO PROVE THIS UNSAFE AND UNUSED DID THE EXACT OPPOSITE.
I HAVE WALKED ALONE DOWN THIS WALKWAY BOTH AT NIGHT AND IN THE EARLY MORNING BEFORE IT IS LIGHT, I HAVE NEVER BEEN UNSAFE IN 20 YEARS.
MY HOME IS LOCATED A COUPLE OF HOUSES AWAY FROM THE WALKWAY.
NOT ONCE HAVE I HEARD OR SEEN AN ISSUE ON THE WALKWAY, WHY REMOVE A BENEFIT TO MANY IN THE NEIGHBORHOOD DUE TO ONE PERSON'S SUDDEN WISH TO HAVE IT REMOVED.
UM, IT'S ACTUALLY, THERE'S NO NAME, BUT IT SAYS MY FAMILY IS FIGHTING TO KEEP THIS WALKWAY EASTMAN OPEN.
WHEN MOVING IN HERE ON BENJAMIN PLACE 11 YEARS AGO, THE WALKWAY WAS ONE OF THE MAIN REASONS WE PICKED THE STREET AND SAW IT AS A GREAT SAFETY FEATURE FOR MY KIDS TO BE ABLE TO GET OUTSIDE AND PLAY WITHOUT HAVING TO APPROACH A BUSY STREET.
IT ALLOWS MY KIDS TO GO BETWEEN BOTH THE CALLED THE SEX TO HAVE FUN WALK THE FAMILY DOG, RIDE THEIR BIKES, PLAY WITH FRIENDS, AND I DON'T HAVE TO WORRY ABOUT THEM APPROACHING THE VERY BUSY STREET OF CHASE AT ALL.
I ALSO SAW THIS WALKTHROUGH AS A GREAT SAFETY EMERGENCY EXIT.
IF WE EVER CAN NOT GET OUT OF OUR OWN STREET, WHICH HAS HAPPENED BEFORE, PLEASE DO EVERYTHING IN YOUR POWER TO TAKE ALL THIS INTO CONSIDERATION AND HELP US KEEP THIS WALKWAY OPEN.
AND THE LAST COMMON IS FROM
THAT'S THE END OF THE COMMENTS, SIR.
UM, I WAS ONE OF THE HOMEOWNER COME BACK UP.
I HAD ONE MORE QUESTION, PEGGY.
YEAH, YOU'RE ALL LOOKING AT ME LIKE, WHICH ONE ARE YOU TALKING TO? UM, SO BEFORE
[01:10:01]
WE GO ON TO THE DELIBERATIONS, I JUST WANT TO MAKE SURE I UNDERSTAND EVERYTHING.UM, IF THERE WERE SOME SOLUTION THAT COULD BE HAD WHERE THAT PIECE OF PROPERTY WAS PURCHASED FROM YOU THERE BY READING YOU THE LIABILITY, IS THAT A SOLUTION THAT YOU WOULD WELCOME OR NO, I WOULD PREFER TO HAVE MY OWN PROPERTY BACK, BUT IF THAT'S THE CASE FOR THE, EITHER THE CITY OR SOMEBODY TO PURCHASE THAT PROPERTY, THEN I'M LOOKING AT THE YEARS THAT I PAID THE TAXES AND LIABILITY ON INSURANCE.
WHERE DOES THAT? YEAH, THAT'D BE PART OF THE NEGOTIATION.
I JUST, I JUST IN GENERAL, UH, IF YOU SOLD IT, UM, THEN IT WOULD STILL PEOPLE BE WALKING BACK AND FORTH BEHIND THAT WOULD THAT CAUSE YOU A BURDEN, IT WOULD STILL HAVE BE A CONCERN FOR ME.
SO YOU WOULD RATHER NOT SELL IT AND OKAY.
I WOULD JUST RATHER VACATE IT AND, AND TAKE MY PROPERTY BACK.
ANY MORE QUESTIONS FOR HER BEFORE I OKAY.
I THINK THAT ANSWERS OUR QUESTION.
THEN I'D LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING SEC, MOVE A PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
UM, WE HAVE SOME DELIBERATIONS, BUT I HAVE A QUESTION FOR OUR ATTORNEY.
IF YOU DON'T MIND FIRST, UM, THERE HAD BEEN SOME CONTENTION ABOUT LIABILITY AND SOMEBODY MENTIONED THAT IF THERE IS AN EASEMENT, THEN YOU KNOW, THE HOMEOWNER NO LONGER HAS LIABILITY.
WHAT'S THE, YOUR LEGAL OPINION ON THAT, UH, MAYOR MEMBERS OF THE COUNCIL.
THIS EASEMENT IS TREATED JUST LIKE WE WOULD ANY KIND OF A SIDEWALK ADJACENT TO A PROPERTY.
USUALLY, NORMALLY THOSE ARE A PART OF THE RIGHT OF WAY EASEMENTS.
SO IF WE HAVE, UM, A TRIP AND FALL ON ONE OF THOSE EASEMENTS, WE WILL BE SEEING A CLAIM AND WE TYPICALLY HANDLE SOME LIABILITY PORTION OF THAT.
IF A PROPERTY OWNERS ADJACENT PROPERTY CREATED A DANGEROUS CONDITION, NOT OURS.
UM, WE WOULD TURN AND SEEK INDEMNIFICATION FROM THAT PROPERTY, OR FOR EXAMPLE, TREE ROOTS THAT GROW ON THEIR PROPERTY AND EXTEND OUT AND PUSH UP THE SIDEWALK AND CAUSE A TRIP AND FALL.
WE WOULD LOOK TO THE, UM, UH, PROPERTY OWNER THAT HAD THAT TREE TO CONTRIBUTE TOWARD THAT OR TO TAKE OVER THE DEFENSE.
SO, YOU KNOW, FOR EXAMPLE, I, WE HAD THIS ON MY MIND RIGHT NOW BECAUSE WE HAD A DOG ATTACK SOMEBODY ON OUR STREET YESTERDAY.
WHAT HAPPENED IF A DOG ATTACKS SOMEBODY IN THAT EASEMENT AREA, WOULD THE PROPERTY OWNER POSSIBLY HAVE ANY LIABILITY FOR THEM POSSIBLE FROM A LEGAL PERSPECTIVE, JUST MEANS THERE'S ONE ITTY BITTY, BITTY CHANCE OF SOMEBODY ALLEGING SOME SORT OF A LIABILITY ON THE PART OF THE AND IMPROVING LIABILITY ON A PART OF THIS CITY.
BUT THE PROBABILITY OF IT IS NO, THERE IS NO, UH, THERE WOULD BE NO, UM, UH, LIABILITY ON THE PART OF THE CITY.
NOW THAT BEING SAID, THERE ARE QUESTIONS THAT MAY ARISE IN THE DESIGN OF THIS EASEMENT AND ITS SUBSEQUENT USE LIGHTING, UM, SPACE AND THAT SORT OF THING THAT, UH, UH, ACCESS.
YEAH, CAREFUL, UH, PLAINTIFF'S ATTORNEY WOULD CERTAINLY ARGUE, UH, SOME, SOME WAY TO GET TO OUR DEEP POCKETS.
UH, AND SPECIFICALLY MY QUESTION THOUGH, WAS NOT US AS MUCH AS THE PROPERTY OWNER.
WELL, AGAIN, WE WOULD TREAT IT SIMILAR TO THE WAY WE WOULD TREAT A SIDEWALK.
UH, I THINK GENERALLY SPEAKING, THIS COURTS HAVE GONE AWAY FROM ALLOWING US TO, TO ABSOLVE OURSELVES FROM ALL LIABILITY.
THAT'S WHY WE BRING TO YOU CLAIMS FOR, UH, TRIPS AND FALLS, UH, PERSONS WHO ARE ON OUR SIDEWALK.
AND AGAIN, THE ONLY WAY WE GET OUT OF THOSE IS IT IS WHERE WE CAN SHOW THAT THE NUMBER ONE, WE DIDN'T HAVE NOTICE OF A DESIGN PROBLEM.
NUMBER TWO, UH, WE, OR, OR A, UH, UNSAFE CONDITIONS AND NUMBER TWO, IT'S CAUSED BY ANOTHER PERSON OR PROPERTY OWNER.
I'M ASSUMING THAT YOU HAD A QUESTION AND THEN, UH, GARY, SO YOU MENTIONED WE TREAT IT THE SAME WAY AS A SIDEWALK.
NOW THE PUBLIC DOES NOT HAVE THE RIGHT TO CLOSE OFF THE SIDEWALK.
SO EVEN THOUGH THAT'S CONSIDERED PRIVATE PROPERTY WITH A PUBLIC EASEMENT, DOES THE APPLICANT EAR HAVE THE RIGHT TO CLOSE OFF THIS EASEMENT? BECAUSE YOU SAID IT'S LIKE A SILENT, NO, UNLESS YOU VACATE IT, THESE MEN AGREED TO VACATE THESE MEN, THEN THEY CAN CLOSE IT OFF, MOVE THEIR FENCE AND, AND BLOCK ANY TRUST, ANY PERSONS FROM TRESPASSING ON THE PROPERTY.
LET ME ASK IT A DIFFERENT WAY.
I CAN'T MOVE MY FENCE IN FRONT OF MY PROPERTY TO BE ON THE SIDEWALK SO THAT NOW PEOPLE CAN'T ACCESS THE
[01:15:01]
SIDEWALK, UH, BECAUSE IT IS CREATED, IT'S GOT A PUBLIC, HAS A RIGHT TO THAT.DOES THE PUBLIC HAVE A RIGHT TO THIS EASEMENT ON PRIVATE PROPERTY CURRENTLY? YES.
SO DOES THE APPLICANT HAVE THE RIGHT TO ASK FOR A VACATION OF THIS? THEY CAN, THERE ARE CERTAIN CONDITIONS THAT HAVE TO BE MET CERTAIN REG CRITERIA THAT HAVE TO BE MET.
UM, THE ONE THAT IS APPLICABLE TO THIS ONE IS WHERE IT MEETS TWO, TWO, UM, CONDITIONS.
ONE IS FOR A PERIOD OF FIVE CONSECUTIVE YEARS, THE, WE CALL IT A STREET OR HIGHWAY CAUSE IT'S IT'S, IT'S PART OF THAT DEFINITION HAS BEEN IMPASSIBLE FOR VEHICULAR TRAFFIC AND NUMBER TWO, NO PUBLIC MONEY WAS EXPENDED FOR MAINTENANCE ON THE STREET OR HIGHWAY DURING THAT FIVE-YEAR PERIOD.
SO ENGLISH FOR ME, ENGLISH IS, UH, UNLESS THERE'S EVIDENCE THAT WE'VE BEEN SPENDING MONEY ON THIS FOR FIRST IT'S A FOUR FOOT WIDE, UH, OR FIVE FOOT WIDE SIDEWALK, VEHICULAR TRAFFIC, UH, IS VERY UNLIKELY TO HAVE TO BE PASSABLE THROUGH THERE.
NOW, VEHICULAR TRAFFIC, YOU KNOW, IT COULD BE A DIFFERENT SORT OF THING LIKE A MOTORCYCLE, BUT I DON'T KNOW, BUT, UH, WE HAVEN'T HAD THAT ISSUE COME UP, BUT A CAR COULD NOT CERTAINLY CAN NOT GO THROUGH THERE.
AND THE SECOND IS THE, UM, IF THE CITY HAS NOT MAINTAINED ANY PART OF THAT.
AND I THINK THE TESTIMONY BACK IN JUNE OF LAST YEAR WAS THAT PUBLIC WORKS ADMITTED THAT THERE HAS BEEN NO ACTIVITY TO CLEAR OR MAINTAIN THAT PROPERTY FOR THE PRIOR FIVE.
SO BECAUSE THOSE TWO THINGS HAVEN'T HAPPENED, WHAT DOES THAT MEAN? WE HAVE THE ABILITY TO VACATE THIS EASEMENT, IF THAT'S YOUR CHOICE AND THE PUBLIC DOES NOT HAVE A RIGHT TO CONTINUE TO USE IT, CORRECT.
ONCE IT'S VACATED, IT BECOMES PRI GOES BACK, REVERTS BACK TO THE PRIVATE PROPERTY OWNERS ANYMORE.
UH, QUESTION FOR THE CITY ATTORNEY.
I JUST WANT TO BE REALLY CLEAR HERE, THEIR HOMEOWNER'S POLICY WITH GENERALLY COVER LIABILITY ON THAT EASEMENT.
I WOULD IMAGINE IT WOULD, YOU KNOW, I, UH, IT'S HARD FOR ME TO GIVE YOU A LEGAL OPINION ON THAT RIGHT NOW, BECAUSE OF COURSE THERE'S ALWAYS GOING TO BE INSURANCE COMPANIES WITH VARIOUS EXCLUSIONS IN THEIR POLICIES.
AND SO, UM, IF YOU HAD COMPLETE COVERAGE OVER THEIR ENTIRE PROPERTY, INCLUDING THE EASEMENT AREA, AND I WOULD SAY YES, THEY WOULD, UH, THEY WOULD COVER THAT.
AND THAT WOULD PROBABLY OCCUR IF THERE WAS, UH, YOU KNOW, I THINK ONE OF THE PICTURES REFLECTED TREES OR BUSHES WITH BRANCHES HANGING OVER THE FENCE.
AND LET'S SAY SOMEBODY WAS WALKING THROUGH THERE AT NIGHTTIME AND RAN INTO ONE OF THOSE BRANCHES AND, UH, INJURED THEIR EYES OR SOMETHING.
THAT'S NOT THE CITY'S PROBLEM.
WELL, IT IS A CITY'S PROBLEM, BUT IT'S, BUT WE HAVEN'T BEEN MAINTAINING IT, BUT THE PROPERTY OWNER HAS THE TREES, UH, WOULD BE, UH, RESPONSIBLE IN SOME WAY, SHAPE OR FORM FOR CREATING THAT NUISANCE OR THAT, THAT DANGEROUS CONDITION.
AND THEN THEY WOULD LOOK TO THEIR INSURANCE COMPANY AND THE INSURANCE COMPANY I WOULD THINK WOULD PROVIDE COVERAGE.
MORE QUESTIONS BEFORE WE GOT DELIBERATIONS.
THANK YOU FOR ANSWERING THE QUESTIONS.
IT'S UH, IT'S IN OUR HANDS AT THIS POINT.
COMMENTS, DISCUSSION, MICHELLE.
SO WHAT WE HAVE HERE IS A BIG PROBLEM.
WE HAVE, WE HAVE A PROPERTY OWNER WHO OWNS THE PROPERTY.
SHE, YOU KNOW, THE PROPERTY TAXES, SHE PAYS THE HOMEOWNER'S INSURANCE.
SHE'S ENTITLED TO USE THAT PROPERTY.
ON THE OTHER HAND, WE HAVE A COMMUNITY WHO WANTS TO USE THAT PROPERTY IN HAS USED THAT PROPERTY FOR DECADES.
NOW WE'VE GOT BOTH SITUATIONS HERE AND WHO DECIDES, I MEAN, WE HAVE TO DECIDE WHAT IS RIGHT, BUT IF IT WAS SOMEONE ELSE'S PROPERTY AND SOMEONE, THE KIDS WERE WALKING THROUGH YOUR YARD, IT'S THE EASIEST WAY TO GET TO SCHOOL, TO WALK ACROSS YOUR PROPERTY.
YOU WOULD BE UPSET AND YOU WOULD GO, YEAH, I REALLY DON'T WANT THESE KIDS WALKING THROUGH HERE.
I WANT TO PUT UP A FENCE, BUT YOUR NEIGHBORS SAY NO.
CAUSE THE KIDS CUT THAT CORNER ALL THE TIME AND IT'S SAFER FOR THEM.
THE OTHER ISSUE WE HAVE HERE IS CHASE AVENUE.
CHASE AVENUE IS A SEPARATE ISSUE.
I HEAR ABOUT THEM ALL THE TIME.
AND WE HEAR ABOUT THE ACCIDENTS.
SO YOU HAVE CHASE, WHICH IS A CITY ISSUE.
WE HAVE A PROPERTY OWNER WHO JUST WANTS HER PROPERTY BACK AND
[01:20:01]
I CAN'T SPEAK TO WHY SHE WANTS IT BACK.THAT'S WHAT SHE PAYS TAXES ON.
AND IF YOU'RE A PROPERTY OWNER, YOU WANT YOUR PROPERTY, RIGHT? AND SO SHE HAS A RIGHT TO THAT PROPERTY, BUT THEN YOU HAVE THE RESIDENTS OR THE NEIGHBORS THAT IT'S BEEN USING IT FOR A REALLY LONG TIME.
AND THERE'S BEEN COMMUNITY THERE AND KIDS WALKING THROUGH AND RIDING THEIR BICYCLES AND COMING THROUGH, HOW ARE WE SUPPOSED TO MAKE THAT DECISION? AND I GUESS THAT'S KIND OF MY, KIND OF MY FEELING ABOUT IT.
IT'S LIKE, I FEEL FOR THIS PROPERTY OWNER, WHO'S PAID ON THESE TAXES.
NOBODY ELSE PAYS HER PROPERTY TAXES.
YOU CLEAN IT UP, BUT NOBODY'S PAYING FOR THAT.
BUT I ALSO FEEL FOR THE CITIZENS WHO HAVE BEEN USING IT FOR ALL THIS TIME AND IT IS A SHORTCUT AND IT IS NICE TO BE ABLE TO DO A SHORT CUT IN BETWEEN PROPERTIES AND DO THAT.
SO I DON'T KNOW WHAT I'M GOING TO, HOW I'M GOING TO WEIGH IN ON THIS, ON A COUNCIL SIDE.
BUT I THINK YOU GUYS NEED, THIS SHOULD HAVE BEEN WORKED OUT A LONG TIME AGO.
AND I UNDERSTAND THAT IT'S BEEN THAT WAY, BUT I WANT YOU TO MAKE, I WOULD JUST ASK THAT YOU BOTH THINK ABOUT THE OTHER PERSON, YOU AS A PROPERTY OWNER, THINK ABOUT HOW THE COMMUNITY HAS BENEFITED FROM USING THAT.
AND AMENIA, IT MEANS YOU'RE GOING TO BE ABLE TO BUILD SOMETHING THERE ON THAT EXTRA FOUR FEET.
MAYBE I COULD SEE THAT, BUT IF IT'S JUST TO GET THAT PROPERTY BACK, WE'RE TALKING ABOUT A COMMUNITY HERE.
AND IF IT'S JUST ABOUT GETTING THE PROPERTY BACK, PLEASE THINK ABOUT THEM.
AND FOR THOSE OF YOU WHO ARE AGAINST CLOSING IT DOWN, THINK ABOUT IT.
IF IT WAS YOUR PROPERTY AND SOMEBODY WALKING ACROSS TO YOUR LAWN AND, AND HOW IT WOULD FEEL.
I JUST, I HATE TO SEE THIS NEIGHBORS FIGHTING AGAINST NEIGHBORS OVER OVERBITE BEAT.
SO THAT'S ALL I'M SAYING, JOHN KERRY.
UH, I'M GOING TO PUT ON MY HAT OF EXPERIENCE, I'VE GOT A MASTER'S DEGREE IN REAL ESTATE AND IT WAS DEPUTY ASSESSOR CHARGE OF THE SOUTHERN HALF OF SAN DIEGO COUNTY.
SO THIS IS A FAIRLY FAMILIAR PROJECT, UH, OR A SITUATION TO ME.
AND, UM, I'M GOING TO GIVE MY, IF YOU'LL BEAR WITH ME, I'M GOING TO KIND OF GIVE MY, UH, BUNDLE OF STICKS STORY.
A REALLY GOOD WHEN I, WHEN I TAUGHT DOWN AT SOUTHWESTERN EXPLAINED ABOUT PROPERTY RIGHTS.
AND WHEN YOU BUY A PROPERTY, LOOK AT IT AS A BUNDLE OF STICKS, UH, RIGHT.
YOU HAVE THE RIGHT TO RENT IT.
YOU HAVE THE RIGHT TO OCCUPY, HAVE ALL THESE DIFFERENT RIGHTS.
WELL, INITIALLY WHEN THAT PROPERTY WAS FIRST SOLD IN THAT BUNDLE OF STICKS, THERE WAS A RIGHT THAT WASN'T GRANTED BY, BY THE ORIGINAL DEVELOPER.
AND THAT WAS A RIGHT, HAD THE WHOLE PROPERTY CLOSED OFF.
AND THEY GAVE A RIGHT TO THE PUBLIC TO PASS THROUGH ON THAT EASEMENT.
AND YES, UH, THE PROPERTY OWNER DOES OWN THE PROPERTY, JUST LIKE YOU OWN THE SIDEWALK, BUT THE PUBLIC HAS A BENEFIT BY BEING ABLE TO PASS THROUGH.
SO THAT'S ONE STICK THAT WASN'T GIVEN OVER TO THE, THE HOMEOWNER THAT STICK WAS GIVEN TO ALL THE PROPERTY OWNERS IN THE NEIGHBORHOOD.
SO THEN WE'LL TALK, LET'S TALK ABOUT PROPERTY TAXES, UH, UNDER PROP 13, YOUR, UH, THE MARKET VALUE IS PRESUMABLY THE PRICE PAID.
NOT ALWAYS, BUT PRESUMABLY THE PRICE PAID.
AND SO WHEN THAT PROPERTY WAS SOLD, PRESUMABLY THE BUYER PAID A LITTLE BIT LESS BECAUSE THEY DIDN'T HAVE CONTROL OVER THAT FOUR FEET.
AND THAT WAS WORKED OUT IN THE PRICE.
SO YOU'RE NOT BEING TAXED ON THAT STICK THAT YOU DON'T HAVE TO PRINT AND PUT IT AS SIMPLY AS I POSSIBLY CAN.
SO YOU'RE BEING TAXED ON HAVING THE PROPER THERE, BUT NOT ON THE RIGHT TO KEEP PEOPLE OUT OF THAT PART OF YOUR PROPERTY.
SO I WANT THE HOMEOWNER TO KNOW HOW THE IT'S, I KNOW IT'S COMPLICATED, BUT I WANT YOU TO UNDERSTAND IT.
IF YOU WOULD HAVE MAYBE THE DEVELOPER OR IN YOUR CASE, I THINK YOU'VE LIVED THERE 22 YEARS THAT THE, UM, YOUR TAX BILL IS BASED UPON WHAT YOU PAID FOR THE PROPERTY AND WHATEVER THE MARKETPLACE DECIDED AT THAT TIME.
AND YOU AGREED TO, UH, THE VALUE THAT YOU PAID WAS MOST LIKELY ENTERED ONTO THE ASSESSMENT ROLE AND GONE UP ABOUT 2% A YEAR.
[01:25:01]
MAYBE MY EXPERIENCES WHEN WE VACATED THOSE KINDS OF THINGS, IT WAS SOME TOKEN AMOUNT, LIKE A HUNDRED DOLLARS THAT WE ACTUALLY ADD TO THE VALUE OF PROPERTY.IF THAT THAT EASEMENT WAS CHANGED, OR MAYBE IN SOME CASES, THE APPRAISER MAY HAVE SAID, WELL, LET'S ZERO.
YOU KNOW, CAUSE IT'S SUCH A TINY AMOUNT.
LIKE WHAT ARE YOU GOING TO DO WITH THAT LITTLE BIT OF EXCESS PROPERTY? SO THAT BEING SAID, IT'S VERY CLEAR TO ME, BASED UPON A TESTIMONY.
I WANTED TO POINT OUT THE TESTIMONY OF JEANETTE, LYNN, HOWARD, JAMES DEBRA, AND COREY, THAT, THAT PROP AND OTHERS THAT, THAT, UH, SENDING EMAILS THAT IS BEING USED BY THE COMMITTEE.
NO QUESTION IN MY MIND ABOUT THAT.
AND, AND IT'S BEEN THERE FOR ABOUT 50 YEARS OR MORE, AND THE COMMUNITY IS USED TO USING THOSE.
I HAVE SOMETHING SIMILAR WHERE I LIVE AND I'M WALKING THE DOG ALL THE TIME AND I DON'T WANT TO GO ON A BUSY STREET.
I TRY TO STAY OFF THE BUSY STREETS AND CHASE IS ONE OF THE BUSIEST STREETS IN OUR COMMUNITY.
SO, BUT THAT'S JUST A FACT AND YOU DON'T WANT LITTLE KIDS.
YOU KNOW, MY THREE KIDS WERE LITTLE AND WE WOULD, THEY'D GO ON THEIR ROLLER SKATES AND STUFF.
BUT I WOULDN'T, I LIVED NEAR MAIN STREET AND I WOULDN'T LET THEM GO ON MAIN STREET OR WALKING MY DOG.
AND JUST IN CASE SOMETHING HAPPENS, HE RUNS OUT JUST A LITTLE BIT OR CAR OR UNCERTAIN BUSY STREETS.
THE CAR COMES CRASHING SOMETIMES INTO A HOUSE.
UH, SO IT'S NOT SAFE FOR THE KIDS, BUT THE QUESTION IS, DOES THE COMMUNITY USE IT? YES.
HA HA DID THE OWNER OF THE HOUSE WAY BACK SINCE IT WAS BUILT IN THE SIXTIES THAT THEY KNOW THAT THEY DIDN'T HAVE, YOU KNOW, THAT THEY MISSED THAT SO-CALLED STICK OF RIGHTS.
EVERYBODY ALONG THE LINE, IT WAS, IT WAS ALL DISCLOSED.
AND I THINK IT COULD CREATE A DANGEROUS SITUATION IF THE PEOPLE COULD NOT USE THAT, UH, THAT EASEMENT.
AND WE HAVE TO LOOK OUT FOR EVERYBODY HERE IN THIS CITY, WE GOT A HUNDRED THOUSAND PEOPLE LIVING HERE AND I KNOW IT MAY BE A PAIN SOMETIMES BECAUSE WE HAVE THE EXACT SITUATION IN MY NEIGHBORHOOD WHERE WE HAVE A LITTLE EASEMENT GOES UNTIL HOMEOWNER'S ASSOCIATION AREA ASSOCIATION AREA.
AND YEAH, THE DOG ALWAYS BARKS AND PROBABLY WAKES PEOPLE UP.
IF SOMEONE WALKS BY IT, YOU KNOW, 11 O'CLOCK AT NIGHT, BUT THEY KNEW THAT GOING INTO THIS, AND THIS IS THE SAME WAY, THIS WHOLE LINE OF OWNERS BEFORE YOU ALSO KNEW ABOUT THAT.
AND, AND IT REALLY DOES ADD VALUE THAT LITTLE STICK OF RIGHTS THAT THE REST OF THE COMMUNITY HAS TO PASS THROUGH.
THERE, THERE, WE HAD TESTIMONY TONIGHT THAT THAT'S WHY I BOUGHT THE HOUSE BECAUSE I DON'T WANT TO WALK ON CHASE WHERE IT'S KIND OF DANGEROUS.
I WANT TO GO ON THIS EASEMENT WHERE IT'S NOT, THE KIDS WERE RIDING THEIR TRICYCLES AND BICYCLES AND ROLLER SKATES AND PEOPLE WALKING THEIR DOGS.
AND THAT'S PART OF LIFE IN THE COMMUNITY.
AND NOW SINCE A LOT OF US STAY AT HOME BECAUSE OF COVID, UH, IT'S PROBABLY GETTING EVEN MORE INTENSE USE NOW AND GRANDMA AND GRANDPA COME OVER AND THEY WANT TO TAKE SOME SAFE PLACE TO WALK THE KIDS, NOT ON CHASE.
SO, UH, I'M GOING TO BE IN FAVOR OF NO CHANGES ON THIS HERE.
I THINK, I THINK WE OWE IT TO THE COMMUNITY CAUSE THEY, WHEN THEY MOVED IN, THEY BASED THEIR DECISION ON THAT EASEMENT.
NO QUESTION IN MY MIND ABOUT THAT.
THIS IS A, THIS IS A TOUGH SITUATION.
AND A YEAR AGO WHEN WE DELIBERATED ON THIS, WE POSTPONED IT A YEAR AND MY FIRST INCLINATION WAS, WELL, HOPEFULLY THE COMMUNITY, THE NEIGHBORS CAN COME TO A RESOLUTION ON OUR OWN BECAUSE YOU KNOW, THEY'RE THE MOST INVESTED AND WE HOPE THAT THE COMMUNITY CAN COME TOGETHER AND, AND AGREE UPON IT.
AND IT SOUNDS LIKE THERE'S AN IMPASSE AND, UM, THAT'S UNFORTUNATE.
AND THAT WAS MY QUESTION AS WELL.
WAS, IS THERE AN OPPORTUNITY FOR, UH, YOU KNOW, MAYBE THE CITY TO BUY IT AND, UH, RELEASE THAT LIABILITY AND, YOU KNOW, MAINTAIN IT.
UM, BUT IT DOESN'T SOUND LIKE THAT'S AN OPTION EITHER.
ALTHOUGH THAT WOULD BE THE ONE THAT WOULD CREATE MOST PEACE.
UM, I HAVE A, I HAVE A FOUR YEAR OLD SON AND A
[01:30:01]
ONE AND A HALF YEAR OLD DAUGHTER.I, WE WALK TO THE NEAREST, UM, SIDE STREET TO GO ON WALKS AND THINGS LIKE THAT.
WE CALL IT INTERSTATE WASHINGTON.
UM, AND, UH, I, SO I, I COMPLETELY UNDERSTAND, UM, YOUR, YOUR SON LOOKS EXACTLY LIKE MINE.
UM, NOT HIS HAIR, ISN'T THAT LONG WHEEL.
YOU DON'T HAVE AS GOOD A JEANS.
UM, BUT, UH, SO, SO I, I GET THAT AND LIKE, LIKE MY COUNCILMAN, UH, MICHELLE HERE SAID, THAT'S A CITY ISSUE.
AND, AND YOU KNOW, MAYBE WE CAN STEP UP ENFORCEMENT, YOU KNOW, THROUGH OUR POLICE DEPARTMENT TO, UM, CATCH SPEEDERS AND SEND A MESSAGE.
UM, I KNOW THAT'S ALWAYS BEEN A FOCUS OF OURS ON WASHINGTON AND CHASE, UM, THOSE MAIN THOROUGH WAYS.
UM, SO HOPEFULLY THAT'S SOMETHING THAT WE CAN DO AT THE END OF THE DAY.
I HAVE TO SIDE WITH THE, UH, THE PROPERTY OWNERS, IRON RAN SAID THAT THE MOST VULNERABLE MINORITY IS THE INDIVIDUAL.
AND PART OF OUR ROLE AS THE GOVERNMENT IS TO DEFEND PEOPLE'S INDIVIDUAL RIGHTS.
AND PART OF THOSE RIGHTS ARE THEIR RIGHT TO THEIR PROPERTY.
AND IT DOESN'T MATTER IF TWO PEOPLE WANT TO USE SOMEONE'S PROPERTY OR 2000 PEOPLE WANT TO USE THE PROPERTY.
AND ONE OF THEIR RIGHTS IN THE CALIFORNIA CODE IS IF WE'RE NOT, IF THE CITY ISN'T USING THAT PROPERTY, THEN THEY HAVE A RIGHT TO ASK FOR IT BACK.
UM, AND I, I, I DO WANT TO GIVE SOME PERSPECTIVE IN THAT, UM, THEY, THIS, THESE PROPERTY OWNERS HAVE BEEN SHARING THEIR PROPERTY FOR 22 YEARS WITH THE COMMUNITY.
THAT'S A DIFFERENT FLIP SIDE OF IT.
THEY'VE BEEN SHARING IT WITH THE COMMUNITY UNKNOWINGLY, BUT YET THEY'VE BEEN SHARING IT.
SO I, I HAVE TO, YOU KNOW, STAND UP FOR THE LITTLE GUY IN THIS ONE.
UM, IT'S UNANIMOUS BETWEEN BOTH HOMEOWNERS THAT THEY WANT THE EASEMENT VACATED, BOTH HOMEOWNERS WANT IT.
SO, UM, LIKE I SAID, THIS IS A TOUGH SITUATION, BUT YOU KNOW, I HAVE TO SIDE WITH THE HOMEOWNERS AND, AND, UM, YOU KNOW, SUPPORT VACATING THE WALKWAY.
ALTHOUGH, YOU KNOW, I WOULD LIKE TO SEE IF, IF, UH, THERE'S A PEACEFUL RESOLUTION, AS I STATED BEFORE ABOUT, UH, THE PROPERTY BEING PURCHASED.
I DON'T KNOW IF THAT'S AN OPTION.
I CAN WAIT ON THAT JUST REALLY QUICKLY.
SO IF REMEMBER, THIS, THIS SUBDIVISION WAS APPROVED 55 YEARS AGO, RIGHT? AND SO WE'VE EVOLVED IN, IN HOW WE ANALYZE THESE TYPES OF PROJECTS IN TODAY'S WORLD.
WE, WE WOULD NEVER APPROVE THIS TYPE OF AN ARRANGEMENT.
WHAT WE WOULD PROBABLY DO IS LOOK AT, IS THERE A BIGGER COMMUNITY BENEFIT, FOR EXAMPLE, DOES AN ENTIRE OTHER NEIGHBORHOOD FEED TO THE L TO THE MIDDLE SCHOOL DOWN THE STREET, MR. GOBLE KIND OF ALLUDED TO THIS, THIS IS, THIS IS LINKED TO A COMMERCIAL AREA.
UM, AND IF THAT'S THE CASE, PERHAPS THE CITY WOULD HAVE REQUIRED THE DEVELOPER TO DEDICATE THIS WALKWAY TO THE CITY.
AND THEN IT WOULD HAVE BEEN CITY OWNED BECAUSE THERE WAS A LARGER PUBLIC BENEFIT IN THIS CASE.
I THINK IT WOULD BE HARD FOR CITY STAFF TO SAY THERE'S A, A PUBLIC BENEFIT.
THERE'S REALLY A BENEFIT OF, WE COUNT MAYBE 12 TO 15 PROPERTIES THAT HAVE THE EASIEST ACCESS TO IT.
SO IT REALLY BECOMES A NEIGHBORHOOD BENEFIT.
AND IN THAT SITUATION, WE DO THIS ALL THE TIME WITH SUBDIVISIONS THAT WE APPROVE, WE WOULD CREATE A, UM, HOMEOWNERS ASSOCIATION, UH, THERE'LL BE AN ASSESSMENT DISTRICT OR A MELLO-ROOS DISTRICT WHERE THE NEIGHBORHOOD WOULD ACTUALLY PAY FOR THAT AND THEN MAINTAIN THAT.
AND SO THAT COULD ALWAYS BE AN OPTION.
THE CITY COUNCIL COULD WORK WITH THE NEIGHBOR OR THE CITY COULD WORK WITH THE NEIGHBORHOOD TO CREATE A, A DISTRICT THAT WOULD ALLOW THEM TO PURCHASE THE PROPERTY AND THEN TO, UM, COLLECT AN ANNUAL ASSESSMENT TO HELP PAY FOR THE PROPERTY EITHER ON THEIR OWN OR TURN THAT ASSESSMENT DISTRICT OVER TO THE CITY TO MAINTAIN.
SO THOSE ARE, THOSE ARE HOW WE WOULD HANDLE IT TODAY, BUT THOSE ARE DIFFICULT THINGS TO DO.
UM, AND I JUST WANT TO GIVE THAT PERSPECTIVE, WE WOULD NOT RECOMMEND THAT THE CITY PURCHASED THIS PROPERTY BECAUSE IT DOESN'T REALLY BENEFIT THE COMMUNITY OF A HUNDRED THOUSAND.
IT REALLY BENEFITS A VERY SMALL NEIGHBORHOOD IN THIS CASE.
I WANTED TO POINT OUT THAT ALL ALONG THE NEIGHBORS, THE ENTIRE COMMUNITY HAD THAT STICK OF BEING ABLE TO CROSS THAT, UH, THAT EASEMENT, THE OWNERS OF THE PROPERTY THAT WAS,
[01:35:01]
THAT WAS GIVEN AWAY BEFORE THEY EVEN BOUGHT IT BY THE DEVELOPER.SO THEY'RE ASKING FOR MORE RIGHTS THAN THEY EVER HAD AT THE EXPENSE OF THE COMMUNITY.
AND WHAT DO WE HAVE HERE? 15 PEOPLE THAT SAY THEY USE IT LIKE A LOT.
SO IF WE VACATED, UH, THE EASEMENT, WE'RE TAKING BACK THOSE RIGHTS, AND THAT'S ONE OF THE REASONS THAT A LOT OF PEOPLE IN THE COMMUNITY, AND WE'VE HEARD THE TESTIMONY TONIGHT.
IT'S ONE OF THE REASONS THAT A LOT OF THE COMMUNITY ACTUALLY MOVED THERE AND NOW THEY'RE USED TO USING THAT.
SO I THINK, YOU KNOW, MY OPINION IS PRETTY STRONG ON THIS ONE, UH, THAT IT IS ABOUT PROPERTY RIGHTS, BUT IT'S ABOUT PROPERTY RIGHTS THAT THE COMMUNITY HAS.
AND I THINK THERE MAY BE SOME CONFUSION ABOUT, YOU KNOW, WHAT AN EASEMENT, WHAT AN EASEMENT IS.
AND IT'S, IT'S A RIGHT THAT HAS BEEN GIVEN TO SOMEBODY IN THIS CASE, THAT COMMUNITY IN THERE.
AND THAT'S PART OF, IN MY MIND, PART OF THEIR PROPERTY RIGHTS, THAT BENEFIT, AND THAT WAS DECIDED, YOU KNOW, 50 YEARS AGO, RIGHT.
THAT THEY HAVE RIGHT NOW, UH, LET'S SETTLE THE, UH, TWO WEEKS NOTICE ISSUE THAT WAS RAISED.
I THINK MR. SANCHEZ SAID, HEY, IT WAS IN THE GAZETTE.
AND IT WAS THIS, THAT, SO ARE WE OKAY WITH ALL THAT, UH, COUNCIL MEMBER AND GLOBAL? I THINK THE TESTIMONY WAS, IT WAS MAILED TO EACH OF THE PROPERTY OWNERS.
AND SO THE MAILING IS A FORM OF NOTICE THAT WAS GIVEN IN A TIMELY FASHION.
IT DOESN'T HAVE TO BE POSTED LIKE WE WOULD DO IN CERTAIN OTHER PROCEDURES IF WE WERE VACATING AN ENTIRE STREET.
I THINK IN THAT, THAT REQUIRES WE POST NOTICES, UH, AT THE BEGINNING.
AND THE ENDING OF THAT, I THINK I HEARD SOMEBODY SAY, WE GOT THIS LETTER ON SEPTEMBER 21ST, SEVEN DAYS AGO.
AND THAT'S THE ISSUE OF 14 DAYS.
WHAT'S YOUR THOUGHT ON THAT? THE TESTIMONY WAS THAT THEY SAW IT POSTED ON THE 21ST.
AND I THINK THAT'S WHAT MR. SANCHEZ HAS CONFIRMED THAT HE HAD AN INTERN GO OUT AND POST IT A WEEK AGO, BUT THAT DIDN'T MEAN THAT IT WASN'T MAILED OUT IN A TIMELY FASHION.
UM, INDEED THIS IS A TOUGH ONE.
THIS AFFECTS NEIGHBOR RELATIONS ANY WAY YOU LOOK AT IT.
MY QUESTION FOR GARY IS WHY DO YOU THINK THE PUBLIC HAS A RIGHT TO THAT PRIVATE PROPERTY? YEP.
BECAUSE WHEN THAT PROPERTY WAS SUBDIVIDED, IT HAD THE, THE EASEMENT ON THE MAP FOR ALL TO THE WHOLE WORLD.
AND, AND THAT WAS A BENEFIT TO WHOEVER BOUGHT THE PROPERTIES IN THAT NEIGHBORHOOD.
DOES THAT PRECLUDE THAT PRIVATE PROPERTY OWNER FROM TAKING BACK THAT EASEMENT SOMEDAY BECAUSE IT'S THEIR PROPERTY? WELL, I MEAN, THAT'S WHAT WE'RE TALKING ABOUT NOW.
SO NO, IT DOESN'T, BUT I JUST DON'T THINK IT'S THE RIGHT THING TO DO.
AND AS WE HEARD IN OUR TESTIMONY TONIGHT FROM, YOU KNOW, 14, 15 NEIGHBORS, THAT'S ONE OF THE REASONS THAT THEY BOUGHT IN THERE.
IT WAS A, UH, SOMETHING OF VALUE TO BE ABLE TO GO OVER TO THAT OTHER STREET.
AND, AND I THINK THE, UM, EASEMENT FULFILLS THE PURPOSE THAT, UH, THE DEVELOPER PUT BACK IN THE SIXTIES, WHICH WAS TO CREATE MORE OF A, OF A COMMUNITY BECAUSE, UH, HARDEN AND MONA MIGHT BE HARD AND BENJAMIN THE TWO THAT ARE ADJACENT TO EACH OTHER, DON'T HAVE THAT EASEMENT OR A CUT OR A STREET THROUGH MONA AND BENJAMIN DO.
AND WHICHEVER ONE OF THE, UH, NIDRA DON'T.
SO THE DEVELOPER MEANT FOR THIS TO BE SOME KIND OF A, HEY, THIS WOULD BE GREAT FOR NEIGHBOR RELATIONS KIND OF THING.
I DON'T THINK THAT STREET WAS PUT IN THAT WOULD HAVE SERVED THE SAME PURPOSE OF WALKABILITY ALSO DRIVABILITY.
UM, THERE'S NO DOUBT THAT THE, THE, UH, EASEMENT IS GREAT FOR COMMUNITY LIFE THERE FOR COMMUNITY RELATIONS.
UH, I WOULD AGREE WITH THE PEOPLE WHO OPPOSE, UH, CLOSING DOWN THE EASEMENT.
I WOULD AGREE WITH THEM THAT CHASE IS A LITTLE SKETCHY TO WALK A LOT.
I TOLD YOU I WALKED IT TODAY AND I WAS KEENLY AWARE OF HOW FAST THE CARS WERE COMING AT MY BACK.
I WOULD ONLY WALK THAT WITH TRAFFIC COMING AT ME.
I WOULD NOT WALK THAT STREET AGAIN WITH THE TRAFFIC TO MY BACK.
SO I AGREE WITH THOSE PEOPLE THAT,
[01:40:01]
UH, SAFETY, THAT, THAT EASE TO CREATE SAFETY, EXERCISE, GREAT COMMUNITY BENEFIT.UM, I, IF, IF I HAVE UNDERSTOOD THINGS THAT THE PUBLIC IS NOT ENTITLED TO BLOCK THIS VACATION, BECAUSE THOSE TWO CONDITIONS HAVE BEEN MET, NO VEHICLES AND NO PUBLIC SPENDING THAT THE PROPERTY ON THE HAZARD, RIGHT.
TO ASK FOR A VACATION COMPARED TO A SITUATION WHERE CARS HAD BEEN THROUGH AND WE HAVE SPENT MONEY.
SO YOU CAN'T EVEN ASK HER A VACATION, IS THAT CORRECT? YES.
IT'S, UH, IT'S STILL THE DISCRETION OF THE COUNCIL.
THERE'S NO OBLIGATION FOR THE COUNCIL TO VACATE NOR THERE IS THERE AN OBLIGATION FOR THE COUNCIL TO CONTINUE IT IN PLACE UNLESS YOU DIDN'T MEET THOSE CONDITIONS.
SO, UH, IF THOSE TWO CONDITIONS WERE MET, WE WOULDN'T EVEN BE HAVING THIS DISCUSSION TODAY BECAUSE YOU CANNOT VACATE IT BECAUSE IT'S BEING USED FOR THE PUBLIC BENEFIT, SO TO SPEAK, RIGHT.
THOSE TWO CONDITIONS, IF THOSE ONE OF THOSE TWO CONDITIONS WAS NOT MET, I GUESS, IS A BETTER WAY TO PUT IT BECAUSE IT'S IN THE NEGATIVE, THEN YOU WOULDN'T BE ALLOWED TO VOTE TO.
I THINK, UH, MS. JESU, IS THAT HOW YOU PRONOUNCE IT? UH, REALLY TRIED TO GET A SOLUTION SHE WAS WILLING TO, UH, AND MAY STILL BE, BUT SHE WAS WILLING TO SAY, YOU KNOW WHAT, I'LL LEAVE IT AS IS IF YOU GUYS JUST ABSOLVE ME OF ANY POSSIBLE LIABILITY HERE.
AND SO SHE ASKED FOR A RELEASE FIVE WEEKS AGO AND MR. BROWN, I THINK PRESUMABLY IS IN THAT, THAT, THAT BOAT.
AND I THINK THAT'S A REASONABLE THING TO DO.
I WOULD SAY, WELL, YOU CAN USE IT, BUT I KNOW AS SOON AS THERE'S A TRIP AND FALL, MY INSURANCE COMPANY IS GOING TO GET INVOLVED.
AND NOW I HAVE TO, I'M GOING TO INCUR EXPENSE.
AND I THINK IT'S REASONABLE THAT SHE OFFERED THE LIABILITY RELEASE AS A SOLUTION TO ALLOW THE NEIGHBORHOOD TO CONTINUE TO USE THIS THING.
I THINK FIVE WEEKS TO GET AN OPINION ON THIS WORDING OF THE RELEASES.
REASONABLE ALSO, I DON'T THINK THE RELEASE IS UNREASONABLE.
SHE'S SAYING INJURIES, ILLNESS, DEATH, I'M OUT HAVE AT IT, USE IT JUST I'M OUT.
AND I THINK THAT'S A REASONABLE SOLUTION.
UM, I THINK MR. ORTIZ KIND OF ALLUDED TO IT, HAVE THE HOMEOWNERS BEEN GENEROUS TO ALLOW THE USE OF THEIR LAND FOR THE PAST 22 YEARS, AND NOW THEY'RE, THEY HAVE THE RIGHT TO CHANGE THEIR MIND TO SAY, YOU KNOW, WE'VE ALLOWED THIS FOR 22 YEARS.
WE'RE NOT REQUIRED TO, BECAUSE THESE TWO CONDITIONS ARE MET.
WE THOUGHT OUR LAND BACK BECAUSE, WELL, FRANKLY, WE'RE STILL LIABLE.
WE TRIED TO S A SOLUTION WITH THE NO LIABILITY, BUT THAT DIDN'T WORK.
AND IT WOULD BE AWKWARD AT THIS POINT TO SAY, WELL, UH, WHAT IF ONLY HALF THE NEIGHBOR SIGNED THE RELEASE? DO YOU PUT UP A GATE? AND ONLY THEY GET THE KEY CAUSE THERE, YOU KNOW, IT JUST GETS AWKWARD AFTER THAT POINT.
SO I THINK SHE TRIED THE BEST TO COME UP TO A SOLUTION THAT MAY STILL WORK.
UH, I, I'M KIND OF A GREEN BOY, YOU KNOW, PERSONAL PROPERTY RIGHTS.
UH, I WOULD PROBABLY AGREE WITH MR. ORTIZ, THAT THE PUBLIC HAS ENJOYED THIS BENEFIT AT THE GENEROSITY OF THE TWO LANDOWNERS FOR AWHILE.
AND THEY JUST WANT THEIR LAND BACK AND IT'S THEIR LAND.
AND THERE'S NO DOUBT THAT THIS IS GOING TO TAKE AWAY A SAFETY VERSUS NOT HAVING TO GO UP TO CHASE, UH, COMMUNITY RELATIONS, BEING ABLE TO GO BETWEEN STREETS, CONVENIENCE, UH, THE, THE ORIGINAL PURPOSE.
BUT I THINK THEY HAVE THE RIGHT TO ASK FOR THEIR PROPERTY BACK.
AND THAT JUST SEEMS SUPREME IN THIS LAND TO SAY, IT'S YOUR PROPERTY.
AND YOU'RE GENEROUS TO LET PEOPLE USE IT FOR 22 YEARS, BUT YOU TRIED TO GET A RELEASE OF LIABILITY THAT DIDN'T WORK.
SO WE WANT, WE WANT OUT OF THIS THING, WE WANT NO LIABILITY AND IT DIDN'T WORK.
SO THEY JUST WANT THEIR PROPERTY BACK.
I THINK THEY TRIED, I WOULD PROBABLY VOTE TO VACATE THE EASEMENT.
SO I REMEMBER BACK WHEN I WAS IN THE PLANNING COMMISSION QUITE A FEW YEARS AGO, AND SOMEBODY WAS GOING TO BUILD A WINDMILL ON THEIR PROPERTY, A DECORATIVE WINDMILL, AND THE NEIGHBORS ABOVE THEM HAD A VIEW THAT THEY DIDN'T WANT OBSTRUCTED BY A WINDMILL.
AND I GOT THAT MADE, MADE A LOT OF SENSE TO ME, BUT WHEN IT REALLY CAME DOWN TO IT, I, THE PEOPLE THAT BOUGHT THAT HOUSE HAD A RIGHT TO PUT UP A WINDMILL IF THEY WANTED TO, IT'S THE AMERICAN VALUE OF PROPERTY RIGHTS.
AND THAT'S KIND OF WHERE I FALL AT FALL IN THIS.
[01:45:01]
EVERYBODY MAKES REALLY GOOD ARGUMENTS AND I UNDERSTAND WHY YOU WANT TO USE THE PROPERTY.WHAT DO YOU WANT TO CONTINUE TO SOME PROPERTY? BUT I DON'T THINK IT TRUMPS THE FACT THAT THE PEOPLE THAT OWN THE PROPERTY HAVE A RIGHT TO DO WITH THEIR PROPERTY, WHAT THEY WANT TO DO WITH IT.
SO I HAVE TO FOLLOW THE SITE OF PROPERTY RIGHTS SO I CAN ENTERTAIN A MOTION AT THIS POINT.
BEFORE, BEFORE YOU VOTE, YOU WILL HAVE A RESOLUTION TO APPROVE THE VACATION.
AND I WOULD ASK THE INDULGENCE TO AT LEAST, AND WE'LL AMEND IT TO INCLUDE THE FINDING THAT IS STATED IN THE STREET AND HIGHWAY CODE THAT NO VEHICULAR TRAFFIC AND PASS HAS PASSED THROUGH THERE IN THE LAST FIVE WAS ABLE TO PASS THROUGH THERE THE LAST FIVE YEARS, NOR HAS IT BEING MAINTAINED BY THIS CITY FOR THE PAST FIVE YEARS.
I WILL AMEND MY MOTION, UH, PER THE CITY ATTORNEY'S ADVISEMENT.
AS LONG AS THE SECOND MOVED AND SECONDED, PLEASE VOTE.
MOTION CARRIES BY A FOUR ONE VOTE WITH MAYOR PRO TEM, KENDRICK VOTING.
WE HAVE FOUR ADMINISTRATOR REPORTS SINCE HIS AGENDA.
[9. Youth League Utility Support Fiscal Year 2021/2022 RECOMMENDATION: That the City Council approves the Recreation Council recommendation to provide utility support, in the amount of $2,100 per league, to eight Executive Member youth leagues. ]
NINE IS REGARDING THE 20 21, 20 22 YOUTH LEAGUE UTILITY SUPPORT.I'LL ASK STAFF TO PLEASE INTRODUCE THIS ITEM.
WELL, MR. CARSON, HOW ARE YOU TODAY? I'M ALL RIGHT, MAN.
THANK YOU FOR HAVING ME IN CITY COUNCIL.
I ASKED OUR PARKS AND RECREATION MANAGER, JULIE ILANA, JOIN ME IF YOU HAVE ANY TECHNICAL QUESTIONS.
I DON'T KNOW IF YOU DO, BUT JULIE'S BEEN ACTUALLY SERVICING OUR RECREATION COUNCIL FOR ABOUT 15 YEARS NOW.
SO SHE'S MUCH MORE WELL-VERSED WITH HOW THEY OPERATE THAN I AM.
SO THAT'S WHY SHE'S MORE APPEAR TO BE MY SUPPORT.
AND ALSO, UH, WE FELT IT WAS IMPORTANT OR STAFF FELT IT WAS IMPORTANT TO REINTRODUCE CITY COUNCIL POLICY.
SO WHILE THE CITY COUNCIL DID APPROVE PRIOR TO 2008, UM, ACCESS TO CITY FIELDS AT NO COST, UM, IT WAS CREATED, HE WAS CREATED IN 2008.
THE PURPOSE WAS TO FORMALLY CREATE A PROCEDURE AND A POLICY THAT WAS FINANCIAL SUPPORT.
SO BASICALLY LIKE A LITTLE LEAK, USE LIGHTS ON A FIELD AND THEY DIDN'T HAVE TO PAY FOR IT.
UH, SO FOR EXAMPLE, THIS YEAR, A CITY COUNCIL IS BEING ASKED TO SUPPORT UP TO $2,100 PER LEAGUE, UH, FOR THEIR ENTIRE SEASON TYPE OF THING OR ENTIRE YEAR OF UTILITY SUPPORT.
IF, IF WATER, THEY MAY BE BUILT FOR WATER ALSO, UM, IN ORDER FOR THEM TO ACTUALLY BE QUALIFIED FOR THE UTILITY SUPPORT, THE LEAGUE MUST BE A NONPROFIT, UH, THE, ALL THE BOARD AND THE COACHES MUST BE VOLUNTEERS.
AND THAT'S, IF THEY PLAY ON FIELDS LOCATED WITHIN THE CITY OF OAKLAND CITY LIMITS, I INCLUDED A PHOTO, OUR CITY MANAGER, MR. MITCHELL TOOK, UH, AT RYNETTE BECAUSE THESE ARE, THERE ARE NEWS LIGHTS AND THESE ARE LED LIGHTS AT RYNETTE IDEALLY AND YEARS TO COME.
WE WANT TO HAVE ALL OF OUR FIELDS TO BE LED, BUT THIS ONE, HE EVEN TEXTED ME THAT NIGHT GOING, WOW, I WAS BLOWN AWAY BY THESE LIGHTS.
SO THE DEFINITELY LIGHTS ON FIELD WILL INCREASE OUR CAPACITY IN TERMS OF USAGE, ESPECIALLY COME THE END OF OCTOBER WHEN WE HAVE A, THE TIME CHANGE.
SO WE DO WANT TO IDENTIFY, UM, WE DO HAVE EIGHT EXECUTIVE MEMBERS AND THE EXECUTIVE MEMBERS ARE THE NONPROFITS, ALL VOLUNTEER TYPE OF COACHES.
UH, THESE ARE YOUR OUTCOME, YOUTH FOOTBALL, OCOM PONY FLETCHER HILLS, LITTLE LEAGUE, ALCON WESTERN, LITERALLY LEAGUE AMERICAN YOUTH SOCCER ORGANIZATION.
UM, BUT THESE ARE OUR ORGANIZATIONS THAT ARE EXECUTIVE MEMBERS THAT DO GET THAT UTILITY SUPPORT THROUGH YOU, OUR ASSOCIATE MEMBERS, THESE ARE BASICALLY AGENCIES THAT HAVE PAID STAFF AND THEY DO NOT QUALIFY FOR THE UTILITY SUPPORT BECAUSE IT'S MORE, IT'S A HIGHER PAY TO PLAY TYPE OF MODEL THROUGH HOWEVER, BOTH EXECUTIVE MEMBERS AND ASSOCIATE MEMBERS, THEY HAVE NO ACCESS, OR THEY HAVE NO FEE, NO COST ACCESS TO CITY FIELDS.
SO THEY DO NOT PAY FOR ANY, UH, ANY RENTAL OF ANY
[01:50:01]
CITY FIELD, UM, THAT THE CITY ACTUALLY OPERATES WITHIN THE CITY OF OKLAHOMA.SO ALL 12 MEMBERS, EXECUTIVE AND ASSOCIATE DO NOT DO THAT.
AND THIS IS SOMETHING THAT, THAT OUR CITY COUNCIL HAS BEEN VERY GRACIOUS, UH, WITH, UH, GENERAL FUND FUNDING TO PROVIDE TO THEM, NOT EVERY CITY IN OUR COUNTY OR REGION OR EVEN STATE, UM, DO THIS, OR THEY DO NOT PROVIDE THIS TYPE OF FREE ACCESS TO FIELDS.
AT SOME LEVEL, THEY, THEY MAY DO AN OFF SEASON WHERE THEY CHARGE THEM, OR THEY MAY JUST CHARGE THEM $3 PER, PER, PER PLAYER TYPE OF THING PER SEASON.
BUT IN MANY MODELS THAT WE'VE SEEN THROUGHOUT THE REGION, UH, IT IS MORE OF A PAY TO PLAY ON A CITY FIELD.
HOWEVER, THE CITY COUNCIL HAS CHOSEN AS BEFORE, UM, WITH THE EPA POLICY TO GIVE NO COST ACCESS TO ALL MEMBERS TO OUR, TO OUR CITY FIELDS.
I WANT TO INCLUDE THE, UH, EMERALD PONY LEAGUE WHERE THEY DIDN'T RECENTLY WIN THE WORLD SERIES.
I WANT TO SAY THIS BACK IN 2016, UM, WHEN THEY WON THAT.
SO NATIONAL LITTLE NATIONAL PONY LEAGUE, I SHOULD SAY PONY LEAGUE WORLD SERIES CHAMPIONS.
SO HERE'S THE STAFF RECOMMENDATION AND WE'RE HERE TO ANSWER ANY QUESTIONS FOR YOU.
UM, ANY QUESTIONS, STEVE? SO, UH, THE PARTICIPANTS IN THIS LEAGUE, THEY DON'T ALL HAVE TO BE FROM ALCOHOL, JULIE.
SHE KNOWS THE NUMBERS BETTER THAN ME.
UM, IT'S THE MAJORITY OF THE PLAYERS NEED TO BE BASED IN THE CITY LIMITS.
MOST OF THE EXECUTIVE TEAMS THAT YOU SAW SPECIFICALLY THE LITTLE LEAGUES, BUT EVEN AISO THE MAJORITY OF THEM, THEY HAVE BOUNDARIES THAT THEY'RE RESTRICTED TO PULL FROM, AND THOSE ARE GOING TO BE ALL WITHIN THE CITY OF ALCOHOL.
UM, YOUR BIGGER LEAGUES, THE ASSOCIATE MEMBERS THAT ARE THE COMPETITIVE SOCCER LEAGUES, THEIR BOUNDARIES ARE A LITTLE BIT BIGGER.
SO YOU MIGHT GET SOME KIDS THAT ARE OUTSIDE THE ACTUAL CITY LIMITS, BUT THE MAJORITY ARE GOING TO BE BASED WITHIN THE CITY.
YEAH, WE'RE COMING UP ON AN AGENDA ITEM SOON.
SO IT SOUNDS LIKE PEOPLE OUTSIDE THE CITY ENJOY THE USE OF OUR PARKS, UH, WHICH WE'D LOVE TO HAVE THEM.
AND I THINK IT'S FANTASTIC THAT THE COUNCIL PRIOR COUNCILS HAVE SAID NO CHARGE BECAUSE, UH, THERE IS LIGHTING AND WATER AND MAINTENANCE AND STUFF.
AND I THINK THAT'S JUST A GREAT THING TO DO FOR THESE LEAGUES.
WE HAVE ANY SPEAKERS FOR THIS ITEM.
LET'S UH, UP THE CITY COUNCIL, I'M WILLING TO ENTERTAIN DISCUSSION OR A MOTION.
I'LL MOVE TO APPROVE THE RECREATION COUNCIL RECOMMENDATION TO PROVIDE UTILITY SUPPORT AS SHOWN ON THE STAFF, UH, REPORT.
PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
I'LL BEFORE GOD, THE NEXT ITEM, WE'RE GOING TO TAKE A SHORT THREE MINUTE BREAK AND WE'LL BE RIGHT BACK.
[10. Public Safety Center Project Update - Solar PV and Battery Storage RECOMMENDATION: That the City Council receives the report from staff about the City’s Solar Photovoltaic and Battery Storage Project as planned for the Public Safety Center.]
REPORT IS ITEM 10, WHICH IS AN UPDATE ON THE PUBLIC SAFETY CENTER PROJECT.AND I'LL ASK STAFF TO TELL US ABOUT THIS ITEM, PLEASE.
ANIMAL MAYOR, DISTINGUISHMENT MEMBERS OF THE CITY COUNCIL.
UM, I'M JEFF MANCHESTER CITY ENGINEER WITH THE PUBLIC WORKS DEPARTMENT.
WE'RE EXCITED TO PRESENT TO YOU AN UPDATE ON THE SOLAR AND BATTERY STORAGE PROJECT OR RENEWABLE ENERGY PROJECT THAT WE HAVE PLANNED FOR THE PUBLIC SAFETY CENTER.
SO TONIGHT IN MY PRESENTATION, I WILL COVER THE FOLLOWING THREE ITEMS. I WILL TALK ABOUT, UH, SOME OF THE DRIVING FACTORS BEHIND THE PROJECT.
UH, WHAT'S ENTAILED WITH THE SCOPE OF WORK.
AND THEN ALSO JUST TO GIVE AN IDEA ON SCHEDULE AND SOME OF THE PROJECT FINANCIALS.
SO TO PROVIDE AN OVERVIEW OF SOME OF THE DRIVING FACTORS BEHIND THE PROJECT, UH, THE FIRST ONE WE'LL TOUCH ON IS ENVIRONMENTAL.
SO IF YOU RECALL, IN 2020, THE CITY COUNCIL ADOPTED THE SUSTAINABILITY INITIATIVE.
UH, ONE OF THE STRATEGIES OR STRATEGY FIVE AND THE INITIATIVE WAS, IS AIMS TO ESSENTIALLY INCREASE, UH, RENEWABLE AND ZERO CARBON ENERGY SOURCES FOR CITY FACILITIES.
THE SECOND, UH, DRIVING FACTOR IS FINANCIAL.
SO THE PUBLIC SAFETY CENTER ANNUALLY, UH, ENCOURAGED ABOUT $640,000 IN ELECTRICITY RATES.
UH, WITH CURRENT, UH, RATE INCREASES THAT WE KNOW ABOUT NOW, THIS WILL LIKELY PUSH, UM, THAT FIGURE TOOK TO CLOSE TO 700,000 AND THE UPCOMING YEAR.
UM, OUR PROJECT MAXIMIZES, RENEWABLE ENERGY GENERATION, UH, AND STORAGE, UH, WITHIN THE ALLOCATED BUDGET.
AND ALSO THERE'S SOME VERY ATTRACTIVE, UH, STATE FUNDED INCENTIVES AVAILABLE
[01:55:01]
FOR BRAT BATTERY STORAGE SYSTEMS. UH, WE, WE HAVE BEEN RESERVED FOR 35% REBATE THROUGH THE STATE, UH, THROUGH WHAT'S CALLED A SELF-GENERATION INCENTIVE PROGRAM OR S CHIP CONTINUING ON WITH SOME OF THE DRIVING FACTORS.UH, THIS PROJECT TIES IN WITH OUR ALCOHOL 2.0 VISION.
UH, SO IF YOU RECALL FROM OUR STRATEGIC PLAN, UH, OUR MISSION IS, IS BASICALLY TO, UM, IT AFFIRMS THAT ONGOING COMMITMENT TO UTILIZE INNOVATIVE TECHNOLOGY SOLUTIONS, UH, TO SUPPORT A SAFE, CONNECTED, THRIVING, A DESIRABLE COMMUNITY.
UH, AND THEN ENERGY STORAGE IS RAPIDLY CHANGING.
IT'S, IT'S ALTERING THE WAY WE PRODUCE MANAGE AND CONSUME ENERGY.
UH, SOME OF THE SYSTEMS THAT WE WILL BE DEPLOYING, UH, EVEN PULL IN SOFTWARE AND ARTIFICIAL INTELLIGENCE TO, TO, UH, DRIVE THE OPERATIONS.
AND THIS IS AN INTERESTING FACT THAT I FOUND BY 2024, IT'S ESTIMATED THE US WILL HAVE APPROXIMATELY 60 GIGAWATT HOURS OF BATTERY STORAGE ONLINE.
UH, AND WHAT THAT UNIT MEANS ESSENTIALLY IS IT'S ENOUGH ENERGY TO POWER 10 MILLION HOMES FOR A SINGLE DAY.
SO OUR SCOPE OF WORK INCLUDES BOTH SOLAR PHOTOVOLTAIC AND BATTERY STORAGE SYSTEMS. UM, THE SOLAR COMPONENT, AS YOU'LL SEE TO THE RIGHT, EVERYTHING IN BLUE, UH, THAT'S OUR PUBLIC SAFETY CENTER NOW IN THE PARKING LOT TO THE SOUTH, UH, IS AROUND 500 KILOWATTS OF SOLAR, WHICH EQUATES TO AROUND A THOUSAND, UH, SOLAR PV PANELS.
UH, THESE WILL BE BOTH CARPORT AND ROOF MOUNTED APPLICATIONS, AND WE'VE WORKED CLOSELY WITH, UM, OUR, OUR POLICE DEPARTMENT STAFF TO MAKE SURE THAT WE HAVE GOOD VISIBILITY AND SECURITY SURROUNDING THESE CAR PORT STRUCTURES THAT ARE ADJACENT TO OUR BUILDING.
UH, WE ALSO ARE INCLUDING ONE MEGAWATT HOUR OF ENERGY STORAGE, AND AGAIN, UH, TO, TO LEND SOME SCALE TO THAT, THAT'S EQUIVALENT TO POWERING AROUND 250 HOMES, RESIDENTIAL HOMES FOR FOUR HOURS.
AND NOW JUST TO TOUCH ON WHAT OUR ROUGH SCHEDULE AND PROJECT FINANCIALS LOOK LIKE.
UH, WE'RE CURRENTLY WRAPPING UP FINAL DESIGN, GETTING READY TO BID THE PROJECT, WHICH WE ANTICIPATE IN OCTOBER, UH, THAT WOULD PUT US IN ABOUT, UH, UH, DECEMBER, UH, COUNCIL AWARD DATE WITH THAT, UH, BEHIND US, WE ARE ANXIOUS TO GET STARTED ON CONSTRUCTION.
WE'RE LOOKING AT, UH, JANUARY 20, 22 TIMEFRAME TO START THE CLOCK ON CONSTRUCTION, WHICH WOULD PUT US OPERATIONAL BY SUMMER OF 2022.
AND THEN JUST TO TOUCH ON SOME OF THE PROJECT FINANCIALS, UH, THE PIE CHART TO THE RIGHT REALLY SHOWS WHERE, WHERE OUR MONEY IS GOING, BUT BASICALLY ABOUT 2.4 MILLION IS GOING TO BE ALLOCATED TO SOLAR.
WE'LL TAKE SYSTEMS AROUND 600,000 IS ALLOCATED TO BATTERY SYSTEMS. WE HAVE AROUND 200,000 IN ENGINEERING, WHICH BRINGS THE TOTAL PROJECT COST UP JUST NORTH OF 3.2 MILLION.
AND THAT 635,000 FOR BATTERY SYSTEMS, UH, DOES NOT INCLUDE THE $260,000 REBATE.
WE'RE GETTING FROM THE STATE, WHICH IS SPREAD OUT OVER FIVE YEARS.
UM, AND THEN LASTLY, JUST TO TOUCH ON SOME OF THE SYSTEM PERFORMANCE, UH, THAT WE'RE EXPECTING.
SO THE BIG TAKEAWAY IS THAT THE PROJECT WILL OFFSET OUR ENERGY USAGE BY 40%, UH, WHICH EQUATES TO A $250,000 ANNUAL SAVINGS RATE.
AGAIN, OUR ANNUAL EXPENDITURES AND ELECTRICITY IS AROUND 640,000.
UM, IF YOU WERE TO LOOK AT THIS IN TERMS OF A RATE OF RETURN THAT EQUATES TO AROUND A 7.7% RATE RETURN, UH, SO, SO FAIRLY ATTRACTIVE.
AND WITH THAT, I LOOK FORWARD TO YOUR QUESTIONS, THE FEEDBACK.
WAS THIS SOLAR PROJECT? IS THIS JUST A POWER? OUR PUBLIC SAFETY FACILITY? CORRECT.
UM, ANGELA, ANY SPEAK CARDS IN THIS? NO COMMON CARTS HERE.
THIS IS AN INFORMATIONAL, ONLY ITEMS, SO NO MOTIONS NEEDED.
[11. Harry Griffen Park Joint Powers Authority RECOMMENDATION: That the City Council receives the report and provides feedback and direction regarding Harry Griffen Park Joint Powers Authority.]
BEST OF YOUR REPORT, ITEM 11 IS REPORT ON HARRY GRIFFITH PARK.IT'S THE JOINT POWERS AUTHORITY, OSCAR CITY MANAGER.
TELL US ABOUT THIS ITEM, ACTUALLY, MR. MAYOR AND MEMBERS OF THE COUNCIL, FRANK CARSON, WHO'S OUR STAFF LIAISON TO THAT JPA WILL GIVE THE PRESENTATION.
UM, AND MS. MITCHELL REPRESENTS THE CITY AS A CITY COUNCIL MEMBER.
SHE MAY WANT TO WEIGH IN A LITTLE BIT OF, OF WHAT OCCURRED AT THAT MEETING TOO, BUT I'LL LET MR. CARSON, UH, PROVIDE A PRESENTATION PRANK.
UM, THERE ARE FIVE JPA OR JOINT POWERS, AUTHORITIES MEMBERS,
[02:00:01]
THAT'S HELIX WATER DISTRICT, THE CITY OF LAMESA CITY OF OKLAHOMA COUNTY, SAN DIEGO, AND THE GROSSMONT UNION HIGH SCHOOL DISTRICT.UH, THE F THE CITY FIRST RECEIVED IN OUR HISTORICAL DOCUMENTS, A LETTER FROM THE HELIX WATER DISTRICT BACK IN 1974, ASKING THE CITY IF THERE WAS ANY INTEREST IN WHAT THEY REFER TO AS THE GROSSMONT RESERVOIR AT THAT TIME, WHICH IS ENTIRELY IN THE CITY OF, LAMESA NOT IN THE CITY OF OAKLAND FUNDING FROM THIS CAME FROM A 1976 PARK BOND ACT, AS WELL AS A 1980S PARKLAND ACT.
UH, THE GP DID FIRST FORM IN 1979.
AND ORIGINALLY THE CITY OF MESA WAS THE AGENCY THAT PICKED UP 100% OF THE MAINTENANCE COSTS.
UH, THE PARK IS ENTIRELY WITHIN THE CITY OF LAMESA LIMITS.
AND I WANT TO MAKE SURE I CLARIFY THAT JUST BECAUSE WATCHING THE LAST, UM, GPA MEETING, THEY, THERE WERE TWO MEMBERS THAT, UH, ATTEMPTED TO TELL COUNCIL MEMBER METRO THAT 50% WAS IN THE CITY OF OKLAHOMA, WHICH IS INCORRECT.
SO THE JPA SECOND AMENDMENT, AND I'M NOT GOING TO BRING UP EVERY MOMENT.
JUST THE MORE SIGNIFICANT ONES WAS IN 1981, AND THAT'S WHEN THE FUNDING DID SHIFT.
AND THAT'S WHEN HE WENT 35% CITY OF LAMESA 35% CITY OF OKLAHOMA, 20% COUNTY OF SAN DIEGO, AND 10% THE HELIX WATER DISTRICT HAVING SPOKEN WITH, UH, TED SCHROEDER AND THEN THE DIRECTOR OF PARKS AND RECREATION FOR THE CITY OF OKLAHOMA.
AND I ASKED HIM, HEY, WHY DID, WHY DID THIS SHIFT HAPPEN? HE EXPLAINED TO ME THAT IT WAS AGREED AT THAT TIME THAT THIS, THIS CONFIGURATION WAS BECAUSE THE HELIX WATER DISTRICT DID A LOT OF DEVELOPMENT.
AND SO THE FIRST PART, AT LEAST THE FIRST FEW YEARS, HELIX WANT TO PICK UP THE MAINTENANCE COSTS.
THAT'S WHY YOU SEE THESE HIGHER RATES FROM OTHER AGENCIES AND HELIX LOWER.
AND THAT WAS THE INTERPRETATION AT THAT TIME.
UM, IN SUBSEQUENT AMENDMENTS, THE CITY OF OAKLAND DID CONTRIBUTE ANYWHERE FROM 30 TO 40%, UH, IN THE EIGHTH AMENDMENT IN 2004.
THAT'S WHEN WE ARE AT NOW AND WE'RE AT 15% CONTRIBUTION.
AND IF YOU SEE MY ASTERIK, IT'S NOT THAT BIG AT THE BOTTOM, BUT I WANT TO AT LEAST CLARIFY THAT THE CITY OF OAKLAND DID NOT PAY THEIR PORTION FROM 1996 TO 2004.
AND THERE ARE, UM, DIFFERENT OPINIONS OF WHY THAT'S THE CASE.
I CAN TELL YOU SPEAKING WITH LORI BOBO AND THE PREVIOUS DIRECTOR ALSO FOR PARKS AND RECREATION FOR, FOR OKLAHOMA, THERE WAS A PERSPECTIVE FROM THE CITY OF OAKLAND PART THAT CITY OF LAMESA WAS COLLECTING RENTAL FEES, AND WASN'T DIVVIED UP AMONG THE OTHER GROUPS OR USING THAT AS THE CITY OF L COHEN SAW AS PUTTING IT BACK INTO MAINTENANCE COSTS.
AND THERE WAS SOME OTHER, UH, DISAGREEMENTS IN TERMS OF CONTRIBUTIONS.
AND WHY WOULD THE CITY OF OAKLAND CONTINUE TO CONTRIBUTE AT, AT THAT HIGHER RATE? THAT'S WHY IN 2004, YOU SAW THE LOWER RATE BY THE CITY BOOK OWN AT 15%.
SO SINCE THE MAY 2ND, 2017 GPA MEETING HELIX BOARD MEMBERS HAVE REQUESTED FUNDING CONTRIBUTION CHANGES IN THE SUBSEQUENT YEAR IN 2018, SAME REQUEST CAME INTO PLAY.
AND THAT'S WHEN THE CITY OF LAMESA RELEASED THEIR ENTIRE PERMIT LIST FOR THE PREVIOUS YEAR.
UH, CITY OF OAKLAND STAFF EVALUATED THE ENTIRE LIST AND WERE REALLY ROUGHLY AT ABOUT 15% PERMITTED USERS USING THEIR PICNIC AREAS OR GAZEBOS THAT, THAT PERMITTED OUT, UM, ACTUALLY THE COUNTY OF SAN DIEGO AND THE UNINCORPORATED AREAS IS ACTUALLY A HIGHER PERCENTAGE THAN THE CITY OF OKLAHOMA.
IN TERMS OF PERMITTED USERS AT ITS MOST RECENT ONE, WHERE COUNCIL MEMBER METRO, YOUR FIRST MEETING, UH, IT WAS ON AUGUST 31ST.
AND THAT'S WHEN AL COHEN WAS ASKED TO CONTRIBUTE AT A HIGHER RATE.
UM, SO HAVING SAID ALL THAT, UH, WE DO HAVE THREE STAFF SUGGESTIONS HERE.
I DON'T KNOW IF, UH, THE CITY MANAGER WOULD LIKE TO DISCUSS THESE MORE, BUT, UM, OR, OR HIGHLIGHT THESE, BUT I'LL TURN IT BACK OVER TO HIM.
SO, UM, AS STAFF ANALYZED THE OPTIONS THAT THE COUNCIL COULD COULD WEIGH IN ONE, ONE THOUGHT WOULD BE, IS THAT THE CITY, UM, CONTRIBUTE MORE.
AND ONE OF THE SUGGESTIONS FROM THE JPA BOARD MEMBERS WERE THAT WE DO THAT OVER TIME.
SO WE WOULD MAYBE NOT CONTRIBUTE, UM, ALL 30% OR 35% NEXT YEAR, BUT WE WOULD GO UP IN INCREMENTS OF 5% UNTIL WE HIT THAT 30% MARK.
UM, THE OTHER OPTION IS THAT WE EXPLORE A WAY TO WITHDRAW FROM THE JPA.
THE PART OF THE CHALLENGE OF THAT IS THAT THE JPA HAS NO PROVISION BY WHICH YOU CAN WITHDRAW.
SO, UH, THAT COULD GET STICKY AND WE'D PROBABLY HAVE TO GO INTO CLOSED SESSION AND HAVE BIGGER DISCUSSION ABOUT THAT.
UM, THE OTHER OPTION IS THAT WE CONTINUE TO MAINTAIN OUR FUNDING AT 15%.
ONE OF THE CONCERNS THAT, THAT, THAT STAFF HAS THAT WE SEE, UM, DIFFERENT COUNCIL MEMBERS ARE ON THIS JPA REPRESENTING THE CITY, BUT WE'RE SEEING THIS, THIS PATTERN OVER THE LAST FEW YEARS OF THIS REQUEST FOR A HIGHER CONTRIBUTION FROM THE CITY.
[02:05:01]
WE DON'T THINK THAT THOSE REQUESTS ARE REALLY COMING FROM THE OTHER AGENCY MEMBERSHIPS THEY'RE ACTUALLY COMING FROM INDIVIDUALS.AND SO IF THE COUNCIL, UM, FOUND IT, UM, AGREEABLE STAFF WOULD RECOMMEND THAT WE MAINTAIN THE 15% FUNDING RATE, BUT THEN DIRECT OUR COUNCIL REPRESENTATIVE MS. MITCHELL TO AT THE NEXT MEETING REQUEST THAT THE BYLAWS BE CHANGED.
SO WHEN ANY CHANGES TO A BYLAW OCCUR, THERE'D BE A CONCURRENCE FROM THE ENTIRE BOARD FROM WHAT'S THAT PERSON REPRESENTS.
SO IN THIS CASE, IF THAT WERE THE REQUEST, IF THAT WERE THE DIRECTION OF MS. MITCHELL, THAT WOULD REQUIRE THIS CITY COUNCIL, UM, AT LEAST, UH, AT LEAST THREE OF YOU VOTING TO DIRECT HER TO DO THAT.
AND SO THERE IS SOME BEHIND THAT REQUESTS AT THE JPA BOARD BOARD MEETING.
SO WITH THAT STAFF CAN ANSWER ANY QUESTIONS OR IF MS. METRO WANTS TO COMMENT ON YOUR PERSPECTIVE OF THE MEETING.
SO HAVING ATTENDED, I THINK THIS WAS MY FIRST MEETING, POSSIBLY SECOND MEETING.
I WAS SORT OF OVERWHELMED, UM, BEING A NEW COUNCIL MEMBER, LEARNING MY JOB, AND THEN TRYING TO, UM, ADDRESS ISSUES AT THIS JPA.
I FELT KIND OF BULLIED AT THIS MEETING.
UM, I THOUGHT IT WAS KIND OF UNFAIR FOR THEM TO ASK ME FOR MORE MONEY.
UM, KNOWING THAT I COULDN'T GIVE AN ANSWER KIND OF PUTTING ME ON THE SPOT, UM, LOOKING AT THE THREE OPTIONS THAT STAFF HAS REQUESTED, I WOULD SAY WE MIGHT KEEP NUMBER ONE, PERSONALLY, IF THIS TYPE OF BEHAVIOR IS, UM, ONGOING AND WE'RE CONSTANTLY BEING ASKED FOR MORE MONEY.
AND YET OUR RESIDENTS ARE NOT INCREASINGLY USING THE PARK.
I WOULD SAY OUT WITHDRAW FROM THE JPA BECAUSE WE DON'T CHARGE OTHER PEOPLE TO USE OUR PARKS.
I MEAN, YES, THEY HAVE TO RENT, BUT WE'RE NOT SAYING, OH, YOU USE CITY.
LAMESA 50% OF YOUR RESIDENTS ARE USING OUR PARKS.
I DON'T THINK THAT'S TRUE, BUT I'M JUST SAYING, IF THEY WERE TO USE OUR PARKS, WE WANT YOU TO START SUPPORTING THIS PARK.
AND THE OTHER THING WAS IS THAT THEY WERE REALLY, REALLY ADAMANT THAT THIS PARK IS 50% IN AND IT'S NOT, I NOT BEEN ABLE TO FIND A MAP.
SHE COULD NOT PROVIDE ME A MAP, WAS NOT ABLE TO FIND A MAP.
WE'VE GONE OUT THERE AND WALKED IT.
CAN'T FIND ANYTHING, PULL OUR LOGO FROM THEIR SIGN, PULL OUT OF THE JPA AND BE DONE WITH IT.
WHY KEEP, YOU KNOW, WHY ARE WE CONTINUING TO ADDRESS THIS YEAR AFTER YEAR AFTER YEAR? AND WHAT BENEFIT DO WE GET OUT OF IT THAT WE HAVE OUR LOGO ON THE SIGN? THAT'S JUST MY OPINION, BUT EITHER ONE OR THREE AND NOT GIVE THEM ANY MORE MONEY.
UM, IS THERE ANYTHING IN THE JPA BYLAWS OR WITHIN OUR PROCESSES THAT GIVE OUR REPRESENTATIVE OR FUTURE REPRESENTATIVE AUTHORITY TO INCREASE THE FEES WITHOUT OUR COUNCIL'S APPROVAL? DOES THAT MAKE SENSE? MY QUESTION SO, WELL, TH THE JPA TO INCREASE THE FEES WOULD REQUIRE A JPA VOTE.
SO THE JP I'D HAVE TO BRING THAT BACK.
UM, I BELIEVE MS. WHOEVER'S REPRESENTING HAS THE RIGHT TO, TO, TO VOTE.
I WOULD RECOMMEND THAT THEY GO BACK TO THE CITY COUNCIL AND ASK FOR THAT.
UM, A LOT OF TIMES WHEN THERE'S A DIFFICULT, UM, TOPIC BEING BROUGHT UP AT SANDAG OR MTS, OR IN THIS CASE, THE, UM, HAIRCARE, THE PARK JPA, THERE'S SOMETIMES THERE'S SOME VALUE TO GET THE REST OF THE COUNCIL TO OPINE ON, ON WHAT THE BEST DIRECTION IS.
SO, UH, BUT RIGHT NOW, MS. MS. MITCHELL WOULD HAVE HAD THE RIGHT IF SHE WANTED TO DEVOTE.
IF THAT WERE THE MOTION ON THE TABLE, I WONDER IF, IS THERE ANY METHOD FOR US TO, AND AS A COUNCIL, IF THERE'S ANY INCREASE IN FEES, IS THERE ANY METHOD OR WAY FOR US TO FORCE THE REPRESENTATIVE TO COME BACK TO THE COUNCIL FOR A VOTE, FOR AN INCREASE IN FEES? IS THAT FEASIBLE? YOU COULD HAVE A COUNCIL POLICY WHEN IT COMES TO BOARD REPRESENTATION THAT COULD ADDRESS THAT IN CASE, YOU KNOW, IN THE FUTURE, THERE'S SOME COUNCIL MEMBER THAT GOES ROGUE AND WANTS TO PAY A HUNDRED PERCENT OF THE FEES.
I DON'T KNOW SOMETHING TO EXPLORE.
[02:10:01]
UM, THE OTHER STAFF'S RECOMMENDATION IS TO ALTER THE BYLAWS OF THE JPA.SO IF THERE IS A CHANGE IN EACH MEMBER AGENCIES CONTRIBUTION THAT IT WOULD HAVE TO BE PROVED, W CAN YOU RUN THROUGH, THROUGH THAT RECOMMENDATION AGAIN, I THOUGHT WOULD BE THIS, AND I'LL I'LL FOR LACK, I'LL USE, I'LL USE THE COUNTY OF SAN DIEGO.
SO IF THE COUNTY OF SAN DIEGO IS REPRESENTATIVE ON THE GPA BOARD WAKES UP ONE MORNING AND SAYS, YOU KNOW WHAT? I THINK THAT L CONE SHOULD PAY MORE MONEY.
AND SO THAT REPRESENTATIVE AT THE MEETING MAKES THAT PROPOSAL.
AND THEN ALL THE OTHER JPA BOARD MEMBERS ARE REACTING, REACTING TO THAT, EVEN THOUGH THE REST OF THE BOARD OF SUPERVISORS WOULD NEVER SUPPORT THAT.
I THINK THERE'S SOME VALUE IN HAVING ANY CHANGES TO THE GP BYLAWS, OR SPECIFICALLY TO THE RATES THAT SHOULD BE ENDORSED BY THE FULL BODY OF THE PERSON THAT BY WHICH THEY REPRESENT.
I THINK THERE'S SOME VALUE TO HAVING THAT.
I THINK IT CREATES SOME MORE STABILITY AND IT ALLOWS A, MORE OF A VETTING OF THE FEE STRUCTURE RATHER THAN JUST, UH, I WANT THIS TO BE DISCUSSED AT THIS BOARD MEETING.
THAT'S A TOOL THAT I THINK WOULD PROBABLY BE A BETTER FIRST STEP IN THAT IN MY FIRST LINE OF QUESTIONING WAS I WOULD BE IN SUPPORT OF ALTERING THIS JPAS BYLAWS ARE SUGGESTING WE ALTER IT.
SO EACH MEMBER AGENCIES, BOARD, OR COUNCIL WOULD BE IN AGREEMENT WITH THE CHANGES BEFORE IT'S PROPOSED.
THOSE ARE MY ONLY, UM, CO QUESTIONS.
I DON'T KNOW IF WE'RE IN COMMON RIGHT NOW, RIGHT? COMMENTS OR QUESTIONS.
I MEAN, WE DON'T OWN THE LAND, ANY OF THE LAND.
UM, WE, WE DON'T BENEFIT, UH, FINANCIALLY OR GETTING ANY FEES FROM IT.
SO, BUT WE DO RECOGNIZE THAT OUR RESIDENTS USE HARRY GRIFFIN PARK.
UM, WE TAKE OUR KIDS THERE, SO IT SEEMS LIKE THE 15% IS BEING A GOOD NEIGHBOR AND IT'S SEEMS LIKE IT ALIGNS WITH THE AMOUNT OF PERMITS THAT ARE ORIGINATED FROM OUR RESIDENTS.
UM, SO I WOULD SAY, UM, I WOULD SUPPORT OPTION ONE IN MAY IS, WHICH IS MAINTAINING THE FUNDING CONTRIBUTION.
UM, BUT ALSO AS STAFF RECOMMENDED, I WOULD ALSO SUPPORT, UM, AMENDING THOSE BYLAWS TO GET SOME COHESION AND, UH, ON THAT BOARD, THANKS.
UH, JUST A QUICK, I THOUGHT WE OWNED A LITTLE STRIP ON THE WESTERN END, BUT SO WE DON'T OWN ANYTHING THAT'S PART OF THAT PARK, ANY LAND.
SO HE WAS WATER DISTRICT OWNS THE ENTIRE PARK.
I BELIEVE HIS CORRESPONDING IN HIGH SCHOOL DISTRICT.
THEY OWN ABOUT FIVE ACRES, BUT THAT'S NOT ALLOCATED OUT NECESSARILY TO THE PUBLIC OF THEIR, OF THEIR LAND RIGHT THERE.
BUT THE ACTUAL OWNERSHIP IS HELIX WATER DISTRICT.
SO THEY'RE KIND OF HANGING THEIR HAT, UH, AND WHAT THEY ALLEGED TO BE 15% USE BY PERMIT, UH, OF RENTING PARTS.
IS THAT TRUE? NO, THAT'S, THAT'S OUR ANALYSIS.
I DON'T THINK THERE'S AN ANALYSIS THAT CAME TO THE 15%.
I THINK THAT WAS JUST A NEGOTIATED NUMBER BACK IN 2004.
UM, IT'S JUST INTERESTING THAT WHEN WE DOVE INTO THE PERMIT DATA, IT HAPPENED TO BE ABOUT 15%.
SO WHEN 50% OF THE ALCOHOL RESIDENTS APPLY FOR A PERMIT, THE INCOME GOES TO LAMESA, DOESN'T IT? YES, SIR.
SO ON THE OTHER HAND, WE MAY HAVE PEOPLE FROM THE MESA APPLY AN ALCOHOL AND TO USE OUR PARKS, CORRECT? CORRECT.
UM, OUR PART'S A LITTLE DIFFERENT THEY'RE FIRST COME FIRST SERVE.
SO WE DO NOT ISSUE OUT LIKE A PERMITTED PICNIC SPACE OR AIR JUMP SPACE.
IT'S BASICALLY, IF YOU SEE AN OPEN SPACE, IT'S NOT BEING USED BY YOUTH LEAGUE, THEN IT'S IT'S FIRST COME FIRST SERVE FREE.
SO IT'S EVEN A BETTER DEAL FOR OUT OF CITY PEOPLE POTENTIALLY.
AND I THINK THIS IS DRIVEN BY A COUPLE OF MEMBERS.
THE IDEA IS RIGHT TO SAY JP AMENDMENTS SHOULD BE DRIVEN BY THE, THE MEMBER AGENCY BOARD, NOT THE INDIVIDUAL.
UM, IT'S THIS WHOLE THING KIND OF TICKY-TACKY HAS A TICKY-TACKY SENSE.
AND, UH, YOU KNOW, WE WANT YOU TO PAY FOR THIS, BUT OUR PEOPLE COME HERE, BUT WE'RE NOT GOING TO CHARGE.
IT'S JUST 50% FINE BYLAW CHANGE FROM
[02:15:01]
A OR NOT A PERSON.ANY OTHER COMMENTS FROM ELLIOT TO MAKE A MOTION? I'LL MOVE.
WE MAINTAIN FUNDING CONTRIBUTION, SUPPORT OF 50% AND RECOMMEND A CHANGE TO THE JPA BYLAWS THAT THE MEMBER AGENCIES BOARD MUST APPROVE INITIATING ALL AMENDMENT CHANGES.
ALRIGHT, PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTE.
[12. Update on Expenditures Related to the American Rescue Plan Act RECOMMENDATION: That the City Council receives the report and provides feedback.]
LAST MINISTRATIVE REPORT, I AM 12 IS AN UPDATE ON THE EXPENDITURES FOR THE AMERICAN RESCUE PLAN ACT.AND I LIKE TO ASK OUR CITY MANAGEMENT, TELL US ABOUT, THANK YOU MR. MAYOR AND MEMBERS OF THE CITY COUNCIL IN AN EFFORT TO KEEP, UH, THE COUNCIL A PRIZE, AND ALSO TO, UH, DEMONSTRATE TRANSPARENCY IN THE USE OF AMERICAN RESCUE PLAN ACT MONEY.
WE ARE PRESENTING OUR, UM, ABOUT MONTHLY.
WE'VE BEEN DOING ABOUT EVERY OTHER MEETING OR EVERY THIRD MEETING A REPORT TO THE CITY COUNCIL.
SO REALLY QUICKLY JUST WANT TO HIGHLIGHT WHAT MONIES HAVE BEEN SPENT.
UM, OVERALL WE SPENT ABOUT $3.3 MILLION, WHICH IS A LITTLE OVER A 10% OF THE TOTAL ALLOCATION OF $30 MILLION TO THE CITY OF ALCOHOL.
UM, I WANT TO FOCUS A LITTLE I'LL FOCUS ON EACH OF THESE, BUT I WANT TO TALK QUICKLY ABOUT OUR BUSINESS GRANT PROGRAM.
AS YOU RECALL AT YOUR LAST MEETING, YOU MADE SOME CHANGES TO THE PROGRAM GUIDELINES, ALLOWING FOR REIMBURSEMENT BACK TO BACK TO PROJECTS THAT STARTED THE BEGINNING OF 2020.
UH, YOU ALSO OPENED IT UP FOR SOME HOME-BASED BUSINESSES TO RECEIVE SOME BENEFITS, UH, GRANTS.
AND THEN ALSO YOU EXPANDED MOBILE BUSINESS, UM, GRANTS.
SINCE THAT THERE HAS BEEN CLEARLY AN UPTICK IN NONPROFITS, HOME-BASED BUSINESSES AND ALSO MOBILE BUSINESSES THAT HAVE PARTICIPATED.
ALSO SINCE THE LAST TIME WE REPORTED THE CITY COUNCIL, 37 NEW APPLICATIONS HAVE BEEN RECEIVED AND WE HAVE APPROVED A LITTLE OVER HALF A MILLION DOLLARS IN ADDITIONAL GRANTS.
SO THERE CONTINUES TO BE ONGOING MOVEMENT WITH THE GRANT PROGRAM.
UM, WE BROKE DOWN THE, THE TYPES OF BUSINESSES THAT ARE APPLYING FOR THE GRANTS, AS YOU CAN SEE THE SERVICE INDUSTRY THAT, AND THAT RANGES FROM TAX PREPARERS TO NAIL SALONS, TO ATTORNEYS, UH, HAS THE LARGEST PERCENTAGE OF FOLKS THAT HAVE APPLIED FOR GRANTS, RESTAURANTS, UH, FAR, FAR BEHIND THEM.
BUT THEY'RE THE SECOND LARGEST GROUP GENERAL COMMERCIAL, UH, RETAIL AUTOMOTIVE.
YOU CAN SEE ON DOWN THE LINE AND THEN CONSTRUCTION.
THERE'S ONLY THREE CONSTRUCTION COMPANIES THAT ARE REQUESTED BUSINESS GRANTS.
IN PART, SOME OF THESE COMPANIES, SOME OF OUR, SOME OF THOSE TYPES OF COMPANIES ARE MUCH LARGER AND DON'T QUALIFY, BUT THIS GIVES YOU A SENSE OF THE TYPES OF BUSINESSES THAT ARE APPLYING.
I KNOW THE DOTS ARE HARDER TO SEE I'M GOING TO SHOW A DIFFERENT MAP IN A SECOND, BUT IT KIND OF SHOWS WHERE GEOGRAPHICALLY, THE BUSINESSES THAT HAVE APPLIED FOR GRANTS HAVE, ARE, ARE CURRENTLY LOCATED.
AND THIS IS A HEAT MAP THAT KIND OF GIVES A BETTER SENSE OF WHERE, WHERE THERE'S CONCENTRATION.
SO CLEARLY THERE'S A CONCENTRATION AROUND MAINE AND MAGNOLIA, RIGHT? IN AT THE HEART OF OUR DOWNTOWN THERE'S CONCENTRATIONS AROUND GILLESPIE FIELD THERE'S CONCENTRATIONS ON HAMISH AWE SOME OF THE SHOPPING CENTERS THERE ALONG BROADWAY AND ALONG MAIN STREET.
SO THAT KIND OF GIVES YOU A SENSE OF WHERE THE BUSINESSES THAT ARE APPLYING FOR THE GRANTS ARE, ARE CURRENTLY LOCATED.
UM, MOVING ON TO DOLLAR DAYS, UH, DOLLAR DAYS HAS BEEN EXTREMELY SUCCESSFUL.
IT STARTED OUT A LITTLE SLOW, UM, ADMITTEDLY, BUT RIGHT NOW I THINK EVERY CLASS IS ALMOST FULL.
AND IN SOME CASES WE HAVE WAITING LISTS TO GET INTO CLASSES.
MS. MITCHELL HAS BEEN TRYING TO DO PAINTING COFFEE AND PAINTING AND CAN'T GET IN.
UM, SO IT'S BEEN VERY POPULAR.
UM, I'M REALLY PROUD OF ONE OF THE THINGS THAT WE'VE DONE THIS SUMMER.
UH, WE HAVE, UM, WE PROVIDED SWIMMING LESSONS TO 364 KIDS THROUGH THE, AND JUST THIS LAST MONTH I SAW THE KIDS PULLING OUT OF THE BUS THAT WE HELPED PROVIDE TRANSPORTATION TO FROM JOHNSON AVENUE, ELEMENTARY SCHOOL, 120 KIDS WERE GETTING IN THE POOL.
AND I TALKED TO THE LIFEGUARDS OUT AT THE POOL.
I DIDN'T TELL HIM TO CERTAIN MR. CARSON THAN I DID.
SO I WAS TALKING TO THEM RIGHT AFTER THE KIDS CAME.
I SAT ON, ON BETWEEN ONE AND 10, A 10 BEING A, AN EXPERT SWIMMER, ONE BEING ON THE EDGE OF DROWNING, WHERE WERE THESE KIDS? AND OUR LIFEGUARD SAID ONES AND TWOS.
[02:20:01]
AND SO THESE KIDS WERE GETTING IN THE POOL, THEY ARE ENCOURAGING EACH OTHER.SOME KIDS ARE PUTTING THEIR FACE UNDER WATER FOR THE VERY FIRST TIME AND A SWIMMING POOL, REALLY POWERFUL PROGRAM.
AND ARPA MONEY IS HELPING TO PAY FOR THAT.
SO I WANT TO COMMEND THE CITY COUNCIL FOR ALLOCATING SO MUCH MONEY TO THIS.
WE'LL SEE WHAT OTHER MONIES, HOW LONG THE MONEY GOES.
I'VE BEEN IN CONVERSATION WITH SEVERAL OF YOU.
AND I THINK THERE'S SOME OPPORTUNITIES TO EXPAND THIS, ESPECIALLY IF THERE'S MONEY FREED UP AND OTHER POTS OF MONEY.
I THINK IT'S A HUGE BENEFIT TO OUR COMMUNITY.
AND A LOT OF PEOPLE ARE TAKING ADVANTAGE OF IT.
UM, LOOKING AT SOME OF THE OTHER PROGRAMS, OUR BUSINESS LICENSE PROGRAM, UH, CONTINUES TO MOVE FORWARD.
UH, MR. DEMASIO IS WORKING WITH OUR ECONOMIC DEVELOPMENT CONSULTANT, THE STUDIES UNDERWAY.
AND SO THEY'LL, WE'LL BE BRINGING SOME INFORMATION FORWARD TO THE CITY COUNCIL SHORTLY.
AND THEN, UH, FOODIE FEST IS UNDERWAY, UH, JUST REALLY QUICKLY.
IT'S GOING TO BE HELD ON SATURDAY, OCTOBER 9TH FROM FOUR TO 8:00 PM.
UH, LOCATED AT PRESCOTT PROMENADE ALL THE WAY TO CENTENNIAL PLAZA.
TICKETS ARE REALLY CHEAP, $4 FOR KIDS, $8 FOR ADULTS.
IF YOU PRE-ORDER, UH, THE DAY OF THE EVENT, IT'S $5 AND $10 FOR ADULTS.
UH, WE'RE GONNA HAVE TONS OF FOOD THERE.
I CAN'T REMEMBER HOW MANY BOOTHS, HOW MANY RESTAURANTS WE HAVE FOR, I DON'T KNOW.
THERE'S 46, 36, 26, 36 RESTAURANTS HAVE ALREADY SIGNED UP LOCAL RESTAURANTS.
UM, MOST OF YOU HAVE SAID, YOU'RE GOING TO MAKE COOKIES AND WE ARE GOING TO, WE'RE GOING TO DO A TROPHY WHO, WHICH COUNCIL MEMBER MAKES THE BEST COOKIE.
SO FOR THOSE THAT HAVE NOT YET SAID THAT YOU WANT TO DO THAT YOU HAVE NO ABILITY TO WIN A TROPHY WITHOUT SIGNING UP.
DOES THAT ONLY MEAN COOKIES OR HOW ABOUT LIKE BROWNIES? I THINK THAT'S, I THINK THAT'S IN THE COUNTY.
UH, WE'RE GOING TO HAVE CITY STAFF, CITY STAFF, WE'LL BE OUT THERE.
WE'RE GOING TO DO A LITTLE POP-UP CITY HALL AND, UH, IT'S GONNA JUST BE A GREAT EVENT, UH, LOOKING FORWARD TO SEEING YOU THERE FOR THAT.
UM, LASTLY, WE'RE CONTINUING TO WORK ON OUR CYBER SECURITY.
WE WE'VE ALREADY LET OUT A CONTRACT TO $17,000 FOR SOME OF THE EARLY WORK ON THAT.
AND IN FACT, WE'VE UPDATED OUR, OUR, UM, UH, I GUESS, JUNK BLOCKING SOFTWARE AND IT HAS MADE A MAGNIFICENT DIFFERENCE, UM, ALREADY.
AND SO THAT $17,000 ARE, HAS ALREADY MADE A BIG IMPACT AND WE HAVE MORE COMING UP.
AND THEN ALSO, UH, WE THINK THE MITIGATION OF VACCINE BARRIERS, WE CONTINUE TO SUPPORT SMALL GROUPS THAT POP UP, BUT THE PARTICIPATION IS SO LOW.
THE DEMAND ON THE ARPA MONIES IS VERY LITTLE.
SO THE COUNCIL ALLOCATED A HUNDRED THOUSAND DOLLARS FOR THAT.
I CANNOT SEE THAT GROWING MORE THAN $10,000.
SO AT SOME POINT I THINK IT'S PRETTY MATURE NOW, BUT I THINK AT SOME POINT WE'LL NEED TO REALLOCATE THAT $90,000 TO SOMETHING.
UM, WE'RE CONTINUING TO WORK ON THE SOCIAL WORKER PILOT PROGRAM, COOL ZONES.
IN FACT, WE ARE, UH, DOING BIDDING FOR THE COOLEST ZONES AT OUR REC CENTERS.
I'M REALLY GLAD WE'VE HAD SOME OF OUR, OUR WORKSHOPS AT THE REC CENTERS.
YOU CAN SEE HOW HOT THOSE GYMS CAN GET IN THE SUMMERTIME.
UH, WE'RE GONNA, WE'RE WORKING ON PHASE TWO OF THE SOLAR BATTERY PROJECT, MR. MANCHESTER IS WORKING ON THAT EXPANDING FIBER NETWORK AND WE'RE CONTINUING TO DEVELOP SOME ENTRYWAY PROGRAMS FOR THE COUNCIL TO CONSIDER.
SO WITH THAT, I THINK STAFF IS, UH, ABLE TO ANSWER ANY QUESTIONS OR RECEIVE ANY FEEDBACK THAT YOU MAY HAVE ABOUT THE USE OF THE ARPA MONEY.
THANKS FOR MUCH GRAHAM QUESTIONS.
UM, IS THERE ANY WAY WE COULD GET A LIST OF THE APPROVED BUSINESSES THAT RECEIVED OR ARE GOING TO RECEIVE THE BUSINESS GRANT? UM, SO WE CAN KIND OF DO OUR DUE DILIGENCE TO THE BUSINESSES IN THE CITY THAT HAVE NOT ABSOLUTELY WELL, WE'LL PRESENT A MEMO THIS WEEK.
I'LL INCLUDE THE, THE NAMES OF THE BUSINESSES.
IT WILL INCLUDE THOSE THAT HAVE BEEN APPROVED.
AND, UM, SO THAT DOESN'T ALWAYS MEAN THE CHECK HAS BEEN CUT, BUT THEY HAD BEEN NOTIFIED THAT THEIR GRANT HAS BEEN APPROVED FOR.
AND JUST FOR THIS SECOND ROUND, IS THE, THE LIST IS THAT I'M LOOKING FOR, UM, NOT, NOT TO INCLUDE THE FIRST ROUND, CORRECT? YEAH.
THE ARPA MONEY ROUND, CORRECT? YEP.
SO I SEE THAT WE HAVE LIKE $235,000 LEFT IN THE BUSINESS GRANT PROGRAM.
WE'RE, WE'RE ABOUT WE'RE AT 2.7 MILLION.
AND HOW MANY APPLICATIONS DO WE HAVE STILL PENDING? I LOOKED AT MR. DEMASIO OR MR. VEGAS THAT HAVEN'T BEEN, YOU KNOW, THEY'VE APPLIED, BUT THEY HAVEN'T BEEN IMPROVED.
[02:25:01]
CURRENTLY THAT 207 IS ACTUALLY, WE'RE PRETTY MUCH UP TO DATE AS FAR AS PROCESSING THE GRANTS OR THE INCOMING APPLICATIONS.AND SO THAT'S PRETTY MUCH WHERE WE'RE AT.
AND SO IN THAT LIST OF 207 THAT YOU MENTIONED, UM, I WOULD SAY PROBABLY 90, MAYBE 80% HAVE ALREADY BEEN, UH, APPROVED, LIKE CHECKS CUT, AND THEN THE OTHER, WE'RE JUST WAITING ON DOCUMENTATION FROM THEM TO BE ABLE TO ISSUE THEM, THEIR REIMBURSEMENTS.
UM, BUT THEY ARE AWARE THAT THEY'VE, THAT THEY'VE BEEN PRE-APPROVED.
SO IF I WERE TO TALK TO A BUSINESS, I WOULD NOT BE OUT OF PLACE AND GIVING THEM MY CARD OR, YOU KNOW, SOME SORT OF INFORMATION AND SAY, LOOK, YOU KNOW, HAVE YOU APPLIED FOR THIS? IS THAT APPROPRIATE? ABSOLUTELY.
AND IN FACT, IN THE MEMO THAT WE PROVIDE TO COUNCIL, WE'LL PROVIDE YOU THE URL THAT YOU CAN GIVE TO THEM THAT WILL LINK THEM TO THE APPLICATION.
IN FACT, I RECENTLY SENT OUT VIA TEXT, UH, THE APPLICATION LINKED TO SEVERAL OTHER BUSINESS.
BECAUSE WHEN I, WE JUST STAYED AT A RESTAURANT THAT JUST OPENED UP NOT TOO LONG AGO, I WAS LIKE, I'M ASKING THEM, HEY, HAVE YOU, HAVE YOU APPLIED FOR THE BUSINESS GRANT? DO YOU KNOW ABOUT THAT? BECAUSE IT LOOKED LIKE THEY HAD MAYBE HAVE DONE SOME RENOVATIONS ON INCITED.
IT'S BEEN A LONG TIME SINCE WE'D BEEN THERE, BUT I JUST WANT TO KNOW THAT I'M NOT STEPPING ON ANYONE'S TOES AND THAT, YOU KNOW, STILL ENCOURAGE PEOPLE TO APPLY.
AND AS HE MENTIONED, UM, THERE IS STILL OVER, LIKE ABOUT 2.2, $5 MILLION STILL AVAILABLE.
SO THERE'S STILL PLENTY OF FUNDS OUT THERE.
UH, SPEAKING OF NEW BUSINESSES, I THINK WE DON'T HAVE A CARVE-OUT FOR NEW BUSINESSES.
IT WAS, YOU HAD TO BE IN BUSINESS SINCE AT LEAST A CERTAIN DATE.
WAS IT LIKE JUNE 1ST, 2020 OR YES.
SO, UH, MAYBE THIS IS A QUESTION THEN FOR MY COLLEAGUES IS, UH, TO EXPAND.
WE'RE NOT OVERSPENDING HERE OVER COMMITTING, I GUESS I COULD MAKE A POINT OR AN ARGUMENT THAT A NEW RESTAURANT OPENED SINCE THEN, UH, SHOULD BE ELIGIBLE FOR THE EMPLOYEE, A HIRING BONUS OF $5,000 PER EMPLOYEE, BECAUSE ONE OF THE DIFFICULT PARTS OF STARTING UP A BUSINESS IS GOING THROUGH A NUMBER OF EMPLOYEES UNTIL YOU FIND ONE THAT YOU LIKE, I DON'T NECESSARILY THINK THEY NEED CAPITAL IMPROVEMENT MONEY.
I THINK THAT'S PART OF YOUR SKIN IN THE GAME TO BE A NEW BUSINESS.
UM, ONE OF MY COLLEAGUES THINK ABOUT THAT.
I THINK THAT'S A GREAT IDEA TOO, TO MAKE SURE I UNDERSTAND NEW BUSINESSES THAT OPENED UP BEF AFTER OUR DEADLINE TO ALLOW THEM TO APPLY FOR THE GRANT FOR THE NEW HIRE PROCESS.
CAUSE THAT'S KIND OF OUR, THE SPIRIT OF WHAT WE WANT THIS GRANT TO BE IS TO HELP THESE BUSINESSES MOVE PAST IT.
AND THAT THOSE BUSINESSES THAT ARE HELPING OUR COMMUNITY MOVE PAST IT BY HIRING SOMEONE SHOULDN'T BE EXEMPT FROM THE GRANT.
YEAH, I THINK THAT'S GREAT THAT SMITHS UNDERSTAND THAT.
I THINK THAT'S A REALLY GOOD IDEA.
UM, STEVE IT'S BEEN SAID MANY TIMES THAT IT TAKES ABOUT $10,000 TO HIRE A NEW PERSON AND DEPENDS THE INDUSTRY, OF COURSE, BUT GOSH, IF YOU CAN, YOU KNOW, IF YOU'VE GOT A NEW, UM, NON RESTAURANT OR NON-FOOD BUSINESS COMING IN THAT MONEY WOULD CERTAINLY HELP GET ADS OR WHATEVER IT TAKES TO GET THE NEW PERSON, I THINK IS A GREAT IDEA.
WELL, WE NEED A MOTION SINCE THAT'S, UH, IT'S NOT AN AGENDA TO PROVIDE ANY KIND OF ANYTHING MORE THAN FEEDBACK.
SO, UH, IF THERE'S A NEED FOR THE COUNCIL ACTION, MR. MITCHELL CAN BRING IT BACK FOR A CHANGE IN THE, UH, UH, GUIDELINES.
I THINK, I THINK THE COUNCIL HAS GIVEN ME SOME, UM, OR HAS GIVEN STAFF SOME INTERPRETATION OF THIS.
AND I THINK THE LAST MEETING, I DON'T KNOW IF YOU VOTED ON THAT, I THINK YOU MAY HAVE JUST GIVEN DIRECTION.
SO, UH, I'VE I'VE HEARD FEEDBACK AND WE CAN REACT TO THAT.
ANGELA DID RECEIVE ANY COMMENTS FOR THE ITEM? NO COMMON, SIR.
UM, SO ANY FURTHER DISCUSSION WITH SUNLIGHT TO PROCEED WITH A MOTION, NO MOTION.
IN THIS CASE, JUST TO UPDATE REPORT, YOU DON'T NEED A MOTION TO ACCEPT THE REPORT.
THERE ARE NO COMMISSION REPORTS ON TODAY'S AGENDA.
[13. Council Activity Report]
I'M 13 IS MY ACTIVITY REPORT, WHICH IS AS REPORTED.AND THEN WE'RE ACTIVITY REPORT FOR COUNCIL MEMBERS,
[15. MAYOR PRO TEM GARY KENDRICK METRO Commission/Wastewater JPA; Heartland Communications; Heartland Fire Training JPA.]
CARRIE KENDRICK, AS REPORTED TO STEVE GOLDWELL AS[14. COUNCILMEMBER STEVE GOBLE MTS (Metropolitan Transit System Board); East County Advanced Water Purification Joint Powers Authority Board; Chamber of Commerce – Government Affairs Committee; SANDAG – Board of Directors – Alternate; SANDAG Public Safety Committee – Alternate; METRO Commission/Wastewater JPA – Alternate.]
REPORTED PHIL ORTIZ[16. COUNCILMEMBER MICHELLE METSCHEL Harry Griffen Park Joint Steering Committee; Heartland Communications – Alternate; Heartland Fire Training JPA – Alternate.]
[17. COUNCILMEMBER PHIL ORTIZ League of California Cities, San Diego Division; East County Economic Development Council; MTS (Metropolitan Transit System Board) – Alternate; East County Advanced Water Purification Joint Powers Authority Board – Alternate; Chamber of Commerce – Government Affairs Committee – Alternate.]
AND MICHELLE MITCHELL.ALL RIGHT, THERE ARE NO JOINT COUNCIL MEMBER REPORTS, NO GENERAL INFORMATION ITEMS FOR DISCUSSION.
[02:30:01]
OR SECOND READING ORDINANCE ON TODAY'S AGENDA.[18. Closed Session - Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9: One potential case]
BRINGS US TO CLOSED SESSION.THE CITY ATTORNEY WILL RECITE THE TITLE AND LEAD US INTO THE CLOSED SESSION.
THANK YOU, MAYOR WELLS, THE CITY COUNCIL BE ADJOURNED OR RECESSING INTO CLOSED SESSION FOR A CONFERENCE WITH LEGAL COUNSEL ON AN ANTICIPATED LITIGATION.
THE INITIATION OF LITIGATION PURSUANT TO PARAGRAPH FOUR SUBDIVISION D OF GOVERNMENT CODE SECTION 5 49, 5 6 0.9.
I'D LIKE TO MAKE A MOTION THEN TO ADJOURN THE CLOSED SESSION.
SECOND MOVING SECOND, AND PLEASE VOTE MOTION CARRIES BY UNANIMOUS VOTES.
WE'LL GO TO CLOSED SESSION AND COME BACK VERY SOON.
LISTEN, GENTLEMEN, WE'RE BACK FROM CLOSED SESSION.
I WILL ASK OUR CITY TO ATTORNEY TO REPORT ON THE GOINGS ON AND CLOSE SESSION.
THANK YOU, MAYOR WELLS, THE CITY COUNCIL MAN CLOSED SESSION, A ONE ITEM, A CLOSED SESSION FOR CONFERENCE WITH LEGAL COUNSEL COUNSEL ON ANTICIPATE LITIGATION, UH, DETERMINING WHETHER TO INITIATE LITIGATION PURSUANT TO PARAGRAPH FOUR OF SUBDIVISION D OF GOVERNMENT CODE SECTION 5.95 6.9.
THEN AUTHORIZE ME TO DISCLOSE THAT THEY HAVE DIRECTED STAFF TO OBTAIN A PRE-LITIGATION L ANALYSIS OF LAND USE IMPACTS ECONOMIC DEVELOPMENT IMPACTS SOCIAL AND SOCIAL IMPACTS OF THE COUNTY'S PROPOSED WORKING FAMILIES ORDINANCE.
UH, THIS BRINGS US TO A GERMAN, THE ADJOURNED REGULAR JOINT MEETING OF THE ALCON CITY COUNCIL I'LL CALL HOUSING AUTHORITY SUCCESSOR AGENCY TO THE ALCOHOL REDEVELOPMENT AGENCY.
ELVIS 20TH DAY OF SEPTEMBER, 2021 IS ADJOURN TILL TUESDAY, SEPTEMBER 28TH, 2021 AT 7:00 PM.