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Extremely important to every community. They are certainly important to us. And then the city of Campbell, we do have a number of parks, but we're also surrounded by

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Fulascades Creek Trail, which allows residents to utilize property, which is to the south and to the north of us, as well as our own city.

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We also are benefited in the northern part of the city with Hammond Park, which technically

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is in the city of San Jose, but we have many residents in that area as well.

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And the community service classes and programs that we have at our community center are outstanding

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and excellent.

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And I'm always impressed when I see the catalog that is printed periodically with the

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number of offerings that you have for people of all ages from young toddlers all the

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way to senior citizens.

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So, it's my pleasure to recognize you and to recognize this month.

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While he's coming down, I'll just say we love Park and Rex.

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I just want to thank the council for your continued support of honoring July as

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Parks and Recreation Month. Parks and Recreation are vital to thriving communities

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and Campbell is known for all the wonderful parks that we provide as well as the services

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we provide to our communities. Thank you for your influence for.

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Do any comments from your members of the council members school I just want to say there are no favorite departments but you guys are the most fun for sure

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I want to thank you Natasha for your leadership of the of the department and the staff that you have

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It's always gracious and fun and willing that it's just the residents of Campbell and through the various programs that you offer and it's the best city in Santa Clara County as far as recreation program and services. Thank you.

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Absolutely. Just the scope of how much we do is incredible. I always get comments and Natasha special.

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I want to recognize the forward thinking nature of high-rolling the advocate for the Department

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and the interests of the city and bring that for us, but thank you all for it for your work.

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You know, as I said before, I love park and racks, and I especially like the upcoming

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concert series, and I'm going to be able to enjoy those.

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Thank you once again.

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we have no other communications and petitions and we now go to oral requests. This would be

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the time on tonight's agenda for any member of the public to address the council on any

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item that's not on tonight's agenda. So if you would like to address the council, I do have one

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request from Susan Landry and anyone else, I request that you consider filling out a card in advance

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providing it to the City Clerk, you're not required to do so, but at least,

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secondly, at the time, so that I might call on you. So Susan, thank you.

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Honorable Mayor, Vice Mayor and Council members, Susan Landrieg. I'm here to talk about home

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occupation, business placements, requirements, and one of the highlight that these requirements

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are so antiquated that is very difficult to comply with them and still run a successful

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business from home. The last major update was in 2006. Technology and business practices have changed

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dramatically since then. Currently, most changes to housing policies focus on the reduction

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of car usage. Home occupations do just that no more commuting. Similar to the recent update to the

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beekeeping ordinance, I would like to ask Council to add home occupation rules to staff's

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plan and may also suggest that the planning commission could help similar to what they did

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in making recommendations to the permit streamlining ordinance. Thank you for listening.

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Thank you. If you're the matter to staff for the follow up with your own

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Thank you.

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Would anyone else like to speak under a roll or the quest?

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Okay.

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Seeing none.

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We'll now move on to council announcements.

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So I have several announcements to share with you this evening.

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And they include the following.

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The city of Campbell invites you to the ribbon cutting ceremony for our new police building.

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At 100 North First Street, I'm sure most of you know that's the brand new building.

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just right outside the council chambers here. We have come to the point time. We're ready to cut the

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ribbon and complete the project on that building. That will complete the two major projects under

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measure O. And that will be this Friday, July the 10th at 9 o'clock from 9 to 11. This measure

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was funded, of course, by the voters, a bond measure through measure O. The facility is a direct result

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of the community's investment into public safety in the event. We'll feature brief remarks by several

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members of the city staff. The second announcement is that movie nights are continuing once again.

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You can join us under the stars at John D. Morgan Park. You can bring lawn chairs, blankets,

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jackets, snacks, and so on. It's free. And this coming Friday, July the 10th, the quote,

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the Incredibles will be the featured film. The feature film can be seen on at the, it takes place

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at the John De Morgan Park at the Pony Baseball Diamond area. The third announcement is that we invite

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you to join us on Thursday nights for the 34th Annual Summer Concert series. I'm starting

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against 630, it goes from 630 to 8 through August the 27th, the very first concert will

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actually happened this Thursday, July 9th, and it will feature the group called Sonic

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Addiction, and on July 16th it will be the floor shakers.

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The next announcement is the Chamber of Commerce of Seeking Volunteers to help to staff with its

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relay for life, hospitality tent, on January 11th, which is this Saturday, from 10am straight

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through Sunday, July 12th.

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This is an event that's been sponsored in Campbell for cancer research for many, many

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years,

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and there will be snacks that are offered refreshments and welcoming place for all

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like participants who can either choose to run or walk around the track.

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This is at the Community Center, of course, at the main track there.

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And if you'd like to volunteer for a shift, we ask that you please.

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You can do so at info at chamber.comblechamber.net.

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The history happy hour will occur, com-sip snacks and socialize and learn a little history.

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History happy hour is a lecture series at the Ainsley House, which you can learn about interesting topics, meet new people and tour the Ainsley House as well.

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The line up for these meetings will be on Friday, August 31st, August 28th, and September

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18th, three different dates from 530 to 7, the admission is $25 per person.

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Registration is required.

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We request that you go to Campbell Museums.com for registration.

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And we also need to bring to your attention the fact that the Campbell Swimming Pool at the

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popular will remain open all until August the 31st Monday, at which time that evening it

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will close and starting September the September 1st following day will remain closed.

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That pool has been there for many many years. Ever since Campbell High School was an operating high

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school, the High School closed in 1980. The pool was there for many years before that.

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It has sort of completed its useful lifespan.

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We've had a number of leaks in the plumbing that we have repaired over the years.

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And finally, now it is at a point where it's just too much.

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And we have to undertake actually building an entire new pool and addressing it in a more significant manner.

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So we regret that the pool is going to be closed, but it will remain open through the balance of the summer.

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We will cover all the classes that we've already advertised as I mentioned through August 31st.

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And that concludes the Council announcements.

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We now move to the consent calendar.

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These are items 7.1 through 7.9 that the Council will take as a single item of business.

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Unless a member of the Council, a member of the staff or a member of the audience, or someone online,

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request that we pull an item for individual discussion. Does anyone wish to pull an item from the

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consent calendar?

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Seeing none. I don't see any one online either. So, I would request a motion then.

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I propose a motion to accept the consent calendar item 7.1 to 7.9.

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All second.

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Who the motion by council member Hein second by the vice mayor,

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by the, to approve the consent calendar.

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All those.

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Oh, we have a low fall, please.

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Council member Lopez.

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Council member Hein.

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I.

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Council member Skizola.

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Aye.

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Vice mayor, by the.

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Aye.

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Mayor for Cotto.

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Aye.

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And I do need to notice and ask for general consent of the council.

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There is a desk item that you saw there a correction of some dates and that was for

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and 7.3. If that's your concurrence, we'll include that in the motion. Yes, I concur.

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I see no objection,

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so.

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Okay.

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We now go to public hearings and the introduction of ordinances.

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We will begin with item 8.1.

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So item 8.1 is the lighting and landscaping district LLA-1 for fiscal year 2627, confirming assessments, and I need to read to you the following statement in that regard.

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This is the time in place set for the hearing on public comments on the engineering, pardon me, the engineers report for the city of Campbell's lighting and landscaping assessment district.

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and the levian collection of the proposed assessment for fiscal year 2627.

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These proceedings are conducted pursuant to lighting and landscaping to a V lighting and landscaping

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act of 1972.

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The engineers report prepared by the City Engineer consists of the boundaries of the assessment

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district, the proposed improvements and or maintenance and operation of the district.

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The estimate cost of those improvements and or the maintenance costs and the proposed assessments upon those lots and parcels of land within the proposed district.

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Any one of these items may be subject to protests or endorsements.

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Should anyone wish to speak on this item on any of these items under this agenda item you are asked to clearly identify yourself

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and the property owned by you so that your statement may be correctly recorded.

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The hearing is declared open and I will ask the City Clerk to report on the various notices given in connection with the hearing.

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And also to ask the City Clerk to report on written protests that may have been received, if any.

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And following the clerks report, the City Engineer is asked to provide a statement regarding the nature of the lighting and landscaping district,

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which will be followed by any public comments or testimony.

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So it's a regular procedure that we have to follow in order here,

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and so I will begin with the city clerk.

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Notices have been published as required by the Landscaping and Lighting Act of 1972

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and Section 54954.6 of the California Government Code.

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Affidavits and certificates of publishing are on file in my office.

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The copy of the engineer's report prepared by the city engineer was filed in my office on May 29,

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2026, and has been open to public inspection since that time.

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No written protests have been received by the city.

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Thank you.

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We will proceed now for the statement on behalf of the city engineer.

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Good evening, Mayor and Council, Roger Stores, a public worship burden.

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The city of Campbell lighting and landscaping district is established annually to support

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maintenance and operation of the city's parks, landscaping, public lighting, traffic

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signal systems, curbs, gutters, and sidewalks. The assessments proposed for fiscal year

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2026-2027 are as shown in the engineer's report and total approximately $1.2 million.

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The proposed fiscal year 2026-2027 assessments are at the same rate as last fiscal year 2025-2026,

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No increases in the rate are being proposed.

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Thank you.

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Thank you.

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So the microphone is now open and available for public testimony.

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Should anyone wish to speak?

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You were asked to clearly, as I said before, identify yourself and the property owned by use

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so that your statement may be correctly recorded.

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Would anyone like to address the council on this matter?

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Ask the city.

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Work.

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If there is anyone online?

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There's not.

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We have no request for public.

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And would request a motion, and a second, and a roll call goes.

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I'll move to the City Council, doctor, as a motion, over-rolling protests, and there are none.

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Approving the engineers report ordering the improvements and confirming the diagram and assessments.

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I'll second. A motion by the Vice Mayor, Vice Mayor Videy, and a second by Council Member Fines.

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roll-cult pleased. Councilmember Lopez, Councilmember Heinz, Councilmember Skizola, Vice Mayor

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by V. I. Mayor Chotato. Hi.

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Thank you. We now move to item 8.2. This is a public hearing also

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to consider the adoption of an interim ordinance, superseding the prior interim ordinance implementing

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Senate Bill, 450 of 2024. As modified by Assembly Bill, 1061 of 2025, to revise historic

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resource eligibility provisions and the applicable two unit developments and urban

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to eliminate design standards for certain single-family residential zoning districts.

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In order to pass this measure, it would require a four-fifths positive vote of members

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of the city council.

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Okay, both council member Hines and myself have a potential conflict of interest in this matter,

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so I will start first with council member Hines for his statement of refusal.

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Yeah, I recuse this because I own a property or my these state that I manage owns a property within the Campbell Village.

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And I will recuse myself from this particular measure due to the fact that I have a house in the historical residential district covered by this particular law and ordinance.

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So, since two members of the City Council now have recused themselves and since the measure

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requires four members of the City Council in order to participate in the hearing, we now

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have the rule of necessity invoked and therefore both Council Member Hines and I will draw

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straws, whichever one of us gets the short straw will leave the Council Chamber for the purpose

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the discussion and the other member will remain present and participate in vote. So I'll

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pass the city clerk, please, to have us draw straws.

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In order to conduct this hearing, I will

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turn the gavel over to the vice mayor.

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I'd like to ask our senior planner, Daniel Fama, to

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come to the podium and present the staff report. Thank you. Good evening. Before you is an

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term ordinance to implement Senate Bill 450 as most recently modified by Assembly Bill 1061.

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So, a little bit of history here. This is a part of legislation that began with SB 9,

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which is adopted in 2021. That law aimed to functionally and single-family zoning in California,

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it allowed for two primary dwellings on the family logs. It also allowed for single-family

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parcels to be subdivided in a ministerial process under what's known as an urban

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loss split.

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Now, law was changed again in 2024 by Senate Bill 450, so that law effectively required

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the city's standardized and flattened standards for single-family projects and these urban

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loss splits.

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Prior to that time, Campbell, like many cities, had to have a separate development process for

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SB9 projects separately from traditional single-family developments.

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Now, so starting with that law, that practice effectively ended and we came much more streamlined

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and flat as was effectuated by an interim ordinance that was adopted by the City Council

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in January 2025.

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Later, last year, the legislature and the governor adopted legislation, AB 1061, that made

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further revisions to the law.

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Specifically, this change was looking to target the applicability of SB 9 to historic resources.

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Prior to this, effectively, the city through its local police followers could adopt a list of historic properties

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that are entirely exempt from urban law splits into primary law units.

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On the new law, the exception is much more narrowed to individually designate landmarks

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marks, and then non-line mark properties within historic districts.

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That's actually meaning that properties that do not meet those.

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Arturia are effectively no longer protected under local

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historic preservation protocols.

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Now, so therefore, the proposed interim ordinance before you would

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supersede the prior interim ordinance to 31 that had been adopted in 2025.

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It would also update the historic resource eligibility of the law and make other

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divisions pertaining to subdivision standards, objective design standards, and some more minor changes

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that we can quickly discuss here.

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So in terms of the law's effect to historic resources, functionally we are looking at 27 properties

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that are located in the single family zone in district that are currently protected by the

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city's historic preservation ordinance that functionally will no longer have such protection.

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So these properties may be demolished or altered in a manner that otherwise would have been

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dip it at the other.

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However, two of these properties are covered by mills at contracts and are still subject

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to the terms of those agreements which would protect their historic integrity.

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Further, as part of the overall update, staff is also making recommendations to other

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revisions of the law.

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So as part of the current interim ordinance, the city did adopt a fairly prescriptive subdivisions

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standards that require all need of laws to meet very specific shapes.

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And while that's fairly easy to do, if you have a rectangular lob, there are many

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lots that don't have a regular shape, and those particular properties can now function

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like be subdivided.

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So based on a lot of feedback, we've received staff as recommending a pivot to how the

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city regulates subdivisions going away from that type of prescriptive, a lot of type of requirement

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to a much more narrow mechanism that's going effectively require that properties be subdivided

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basically a straight line.

239
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Additionally, the origins would make various other revisions,

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two subdivisions standards,

241
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dealing with some ACT compliance requirements.

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And then, with regard to single-family standards, as part of the change last year, the ordinance that was adopted imposed objective design standards in the two neighborhoods the city has historically had design review.

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That would be the Santa Claus neighborhood and the Campbellville neighborhood. Those standards were very prescriptive because state law requires that standards be objective in nature.

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And so that has the effect of the city,

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functionally telling people you have to design your home

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in a very specific way with very specific materials.

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And sometimes there's a lot of pushback from neighbor

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from residents who really don't like the city

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effectively designing their home in that manner.

250
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And recognizing a lot of ways that because state law

251
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has put a lot of limitations on the city,

252
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what we're seeing is a higher density of projects

253
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are effectively subject to lesser standards

254
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than single-family homeowners.

255
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So it's creating a, have an equity situation.

256
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So staff is recommending, eliminating those objective design standards, putting

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Santa Masks and Campbell Village basically at the same level as the rest of the city,

258
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and historically has not had any design standards.

259
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So these same family homes would be regulated solely by development standards

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such as setbacks, height, and fire ratio, which would remain unchanged.

261
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As well as other revisions,

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easing standards for bringing to accessory structures,

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allowing homeowners who are have homes that were built

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under like-seet-pline development approvals

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to do additions and remodels

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to the exterior of their homes,

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which currently have been limited,

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as well as some other technical revisions

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and additional definitions for adequate clarity.

270
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So staff just recommend that the city council

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buy a fourth-fifth vote adopt the proposed interim wardens,

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which would go to effect immediately upon a doctor.

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With that, I'll take any questions

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the council may have. Thank you.

275
00:24:22,460 --> 00:24:25,700
Thank you, Daniel. Are there any questions of the council for Dan?

276
00:24:28,730 --> 00:24:33,090
I have one, Daniel. Could you repeat the information

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about the impact of this on historic structures?

278
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What that means?

279
00:24:40,010 --> 00:24:44,590
So there are basically three tiers of historic properties in city.

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You have a very top landmarks and then below that you have the Alice Avenue historic district which also includes landmarks, but there are properties within it that are not landmarks.

281
00:24:56,150 --> 00:25:00,230
And then the bulk of this work properties 89 are known as structures of merit.

282
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So the 89 structures of merit, 27 of those are located within the single family zone district.

283
00:25:06,850 --> 00:25:12,990
So those 27 properties now under the law are not subject to the city's historic preservation requirements.

284
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And so those properties could be simply demolished or altered in a manner that in the past would not be allowed.

285
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The exception of two properties are subject to Mills Act contracts, which are through a mutual agreement that would be preserved.

286
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And there's no way to protect those 27 properties.

287
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Not through this action, the only way would be to expand the city's Mills Act program to entice people to volunteer.

288
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there was those properties, things changed for tax savings, but again, it's a very different policy decision.

289
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Okay, thank you again.

290
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Thank you.

291
00:25:50,690 --> 00:25:51,570
Any other questions?

292
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If not, I will open the public hearing and ask if anyone in the audience wishes to speak on this item.

293
00:25:57,710 --> 00:25:58,830
Then you will have two minutes.

294
00:25:59,350 --> 00:26:03,130
And I have a speaker card from Doria Soroggi.

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00:26:03,690 --> 00:26:05,590
We'd like to come to the podium and speak.

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00:26:12,980 --> 00:26:16,360
Evening members of the City Council, my name is Dorias Serabji.

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I reside at 610 Craig Avenue, Campbell, California, in the Santa Marceria neighborhood

298
00:26:22,560 --> 00:26:23,380
plan.

299
00:26:24,920 --> 00:26:31,460
I spoke to you the last time the issue came up and brought up on to data from 30 years ago

300
00:26:31,460 --> 00:26:37,960
and that still hasn't resolved inequities within that area where a pandemic zone owners

301
00:26:37,960 --> 00:26:47,220
have 65% floor area ratios, whereas regular single family homeowners are only allowed 45 or

302
00:26:47,220 --> 00:26:55,900
briefly were allowed 50% from when we last tried to modify it in the stamp plan. Last time

303
00:26:55,900 --> 00:27:01,100
I came up here, gave you a bunch of documents. You didn't discuss anything. My hope this

304
00:27:01,100 --> 00:27:07,400
time is that you at least take a moment to discuss this or address it to city staff to look

305
00:27:07,400 --> 00:27:14,040
into it for the next time we do our interim approach on it. That's all I ask for. Thank you very much.

306
00:27:14,300 --> 00:27:15,980
Thank you.

307
00:27:16,200 --> 00:27:18,340
The next speaker is Richard Ward.

308
00:27:23,540 --> 00:27:27,480
Good evening council members. I'm Richard Ward. I live at 87 in the Well and Avenue.

309
00:27:28,300 --> 00:27:34,320
I'm given these rules and regulations and now be modified. I have a request that a drive way coding

310
00:27:34,320 --> 00:27:39,760
change. At the moment it's a five foot set back from the boundary with an eight foot drive

311
00:27:39,760 --> 00:27:46,680
waste space. I've done some views on my road. My neighbor doesn't follow this. Three houses

312
00:27:46,680 --> 00:27:52,620
to my right. Don't follow this and I could probably show you about 50 houses in the R1 sits.

313
00:27:53,500 --> 00:28:00,660
So, do not follow this. My background is I would like to have a driveway going along the boundary.

314
00:28:00,660 --> 00:28:05,800
So I can get a card into my back a lot but the rules don't allow it to the moment given the ordinances

315
00:28:05,800 --> 00:28:10,080
Open at the moment. I was wondering if that's under consideration or could be

316
00:28:11,160 --> 00:28:12,980
Thank you. Thank you.

317
00:28:14,440 --> 00:28:18,560
Is there anyone else in the audience that wishes to speak on this item?

318
00:28:19,640 --> 00:28:21,120
Then do we have anyone on?

319
00:28:30,160 --> 00:28:30,380
Yes.

320
00:28:30,620 --> 00:28:32,900
We do have someone on one.

321
00:28:33,800 --> 00:28:36,320
Lauren King Rice. Would you like to speak?

322
00:28:47,860 --> 00:28:48,160
Lauren?

323
00:28:49,560 --> 00:28:59,380
today they are guests, can everybody hear me alright? Yes. Okay, wonderful. Thank you very much

324
00:28:59,380 --> 00:29:07,220
to the council. I will be brief. My comments specifically to this proposed interim ordinance

325
00:29:07,220 --> 00:29:13,690
are specific to section 10, which are the objective design standards for this and to moss

326
00:29:14,410 --> 00:29:16,710
area as well as Campbell Village.

327
00:29:18,030 --> 00:29:20,210
I'm the owner at 1440 Westmont,

328
00:29:20,430 --> 00:29:23,690
and I just recently actually went through this process

329
00:29:23,690 --> 00:29:27,770
of proving a new single family dueling in the city.

330
00:29:29,370 --> 00:29:32,810
And frankly, I found the architectural standards to be

331
00:29:33,450 --> 00:29:35,650
white understandable and quite flexible.

332
00:29:36,250 --> 00:29:40,890
I think it still allows very healthy differences

333
00:29:40,890 --> 00:29:48,310
for homes in the neighborhood and not the opinion that eliminating those would be quite unfortunate

334
00:29:48,310 --> 00:29:55,510
for a few reasons. I think the first of all is some of the design standards that are outlined

335
00:29:55,510 --> 00:29:57,050
currently are...

336
00:30:00,000 --> 00:30:08,680
Teruses, and deaths, things like no more than two paint colors per wall, no more than two roof materials.

337
00:30:09,440 --> 00:30:15,400
I find moves to be personally not, you know, boundary pushing whatsoever.

338
00:30:16,160 --> 00:30:25,900
I would not want to live near, you know, if I can help it, something with a rooftop terrace in a very open neighborhood, that is the Santa Rosa area.

339
00:30:25,900 --> 00:30:28,980
So, I just think it would be quite, um,

340
00:30:30,680 --> 00:30:32,880
kind of let down truly to get rid of these.

341
00:30:32,900 --> 00:30:36,580
You know, Los Gattas has their own design standards.

342
00:30:37,080 --> 00:30:43,240
Sarah Toga just adopted their village standards in April of this year.

343
00:30:44,260 --> 00:30:47,720
I think it would just be a loss, you know,

344
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is Campbell were to eliminate these in their entirety.

345
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The second part of this, as we all know, is, you know, Campbell is going to be building

346
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per the state's requirements, you know, well over a thousand housing units, and taking

347
00:31:05,420 --> 00:31:11,540
into consideration how this will be changing the landscape of the city, I just think is another

348
00:31:11,540 --> 00:31:17,720
reason to actually keep these. These are not massive neighborhoods that we're talking about,

349
00:31:17,720 --> 00:31:19,860
but they do have their unique character

350
00:31:20,580 --> 00:31:24,360
and I just would urge the council to consider keeping these

351
00:31:24,360 --> 00:31:27,680
and their unique addition to our city.

352
00:31:28,340 --> 00:31:30,620
Thank you for your comments, your time is up.

353
00:31:31,320 --> 00:31:31,940
Thank you.

354
00:31:34,120 --> 00:31:38,440
Great, and then we have a desk item that was.

355
00:31:38,440 --> 00:31:40,580
Yeah, it's just going to bring it up on your council comments.

356
00:31:40,620 --> 00:31:41,720
OK, thank you.

357
00:31:42,120 --> 00:31:45,600
Are there any other people on the line that we're supposed to speak?

358
00:31:46,640 --> 00:31:46,840
No.

359
00:31:46,840 --> 00:31:49,040
Okay, anyone else in the audience?

360
00:31:49,780 --> 00:31:53,620
Okay, I will close the public hearing and bring it back to city council for discussion.

361
00:31:54,180 --> 00:32:04,940
Before I do that, Daniel, would you be able to respond to the two speakers that questions that were raised regarding the items that they addressed?

362
00:32:05,740 --> 00:32:05,960
Sure.

363
00:32:06,000 --> 00:32:13,320
I mean, so there are components of how the city regulates single-family zoning that could be considered as part of the council action.

364
00:32:13,320 --> 00:32:18,180
likely would require the council to continue the hearing so that we could actually draft some

365
00:32:18,180 --> 00:32:23,000
specific language. So the gentleman regarding the driveway so currently single-family homes

366
00:32:23,860 --> 00:32:30,280
require that a driveway have a five-foot set back from the side property line. That standard has been

367
00:32:30,280 --> 00:32:36,000
in effect probably for about 20 years. There's many standards that I really do go back that far.

368
00:32:36,120 --> 00:32:40,660
The city's current zone of code was functionally adopted in its current form in 2004 and 2006.

369
00:32:40,660 --> 00:32:43,240
So, there are standards from that era.

370
00:32:43,880 --> 00:32:48,020
Similarly, the Florea ratio is arguably somewhat low.

371
00:32:48,600 --> 00:32:52,940
It's 45% and in consideration of how much development capacity now,

372
00:32:53,400 --> 00:32:55,800
you can see that the start of home project,

373
00:32:55,900 --> 00:32:58,160
or even seeing a family home with multiple ADUs,

374
00:32:58,760 --> 00:33:02,040
that 45% also does reflect the development approach

375
00:33:02,040 --> 00:33:03,580
from 20 years ago.

376
00:33:03,920 --> 00:33:06,760
I mean, if that's the council would like to increase,

377
00:33:06,900 --> 00:33:08,820
again, that could be under consideration.

378
00:33:09,620 --> 00:33:16,400
And with regard to design standards, if that really is a value judgment for the City Council

379
00:33:16,400 --> 00:33:22,000
to discuss, there is not a right answer to how these areas should be regulated.

380
00:33:23,420 --> 00:33:28,800
There are obviously different opinions, we have the standards that we currently have.

381
00:33:29,240 --> 00:33:33,620
We could look at pairing some of them back as opposed to the entirety of the standards.

382
00:33:33,620 --> 00:33:45,700
I mean, if there's a preference to preserve standards pertaining to privacy, and then we can look at just keeping those, or if there are requirements that the council believes are more important, such as

383
00:33:45,700 --> 00:33:51,520
Ruth material or building color, but that direction we can try to come back at a subsequent meeting.

384
00:33:53,760 --> 00:33:58,740
If I could, I could add one other question that I got from one of my constituents, Dr.

385
00:33:59,300 --> 00:34:05,880
Straussky, was commenting on the, on the, on the European Urban Lops Flitz, where,

386
00:34:05,880 --> 00:34:12,300
it would require a 1200 square feet and a, it's a 40% of the area, the original parcel.

387
00:34:12,660 --> 00:34:20,260
Her concern is that the vast majority of the houses are smacked down in the middle of the

388
00:34:20,260 --> 00:34:27,320
for a loud split if you take 40% of the area or the original parcel of. So it's just the

389
00:34:27,320 --> 00:34:32,000
consideration to be able to have flexibility in that as the point that this is making.

390
00:34:32,640 --> 00:34:38,380
The 60-40 split is actually requirements state law. So we actually could not allow for a sub-division

391
00:34:38,380 --> 00:34:40,040
to fall below that I believe.

392
00:34:45,420 --> 00:34:50,020
Daniel, sorry if I missed this just now, but I heard you address

393
00:34:50,020 --> 00:34:53,560
the objective design standards in the FOIA,

394
00:34:53,600 --> 00:34:55,880
every show, what about the comment,

395
00:34:56,340 --> 00:35:00,260
referring to the driveway along the property line?

396
00:35:00,900 --> 00:35:04,560
Yeah, so I mean, that setback requirement goes back 20 years.

397
00:35:04,980 --> 00:35:06,340
It's probably for aesthetics,

398
00:35:06,500 --> 00:35:08,700
and maybe somewhat stormwater drainage,

399
00:35:08,820 --> 00:35:10,940
but there's no particular requirement

400
00:35:10,940 --> 00:35:13,860
that says we have to have that setback standard.

401
00:35:14,540 --> 00:35:16,760
Jim and his crack, there are many, many, many,

402
00:35:16,840 --> 00:35:19,200
the fast majority of properties do not have,

403
00:35:19,200 --> 00:35:24,280
five let's step back from their driveway since those most of those driveways pre-date at standard.

404
00:35:25,140 --> 00:35:29,840
That's also one of those kind of dowry judgment questions for the council.

405
00:35:33,860 --> 00:35:39,200
Thank you. Thank you. Our comments from council. Council Member Christ.

406
00:35:40,140 --> 00:35:51,740
Yeah, thank you very much and excellent work on this. I have voiced just talking about the

407
00:35:51,740 --> 00:35:57,500
on the Kimmel Village area planned being in conflict with state laws. I think we must

408
00:35:57,500 --> 00:36:03,160
abide by state laws. You're mentioning one of them already with objective standards.

409
00:36:04,620 --> 00:36:10,220
Any neighborhood needs to be able to build on these state laws and to be able to build a housing

410
00:36:10,220 --> 00:36:16,480
and focus on the community to be able to support the community, but we have to abide within the

411
00:36:16,480 --> 00:36:28,500
laws. And it generates tremendous conflict when it's not objective. And many of the points in

412
00:36:28,500 --> 00:36:33,700
particularly in Campbell Village are quite subjective in their representation, which

413
00:36:33,700 --> 00:36:41,260
generates conflict within the community. So I encourage the staff to continue with the

414
00:36:41,260 --> 00:36:44,700
and our amendments being able to have consistency

415
00:36:44,700 --> 00:36:51,360
of across the city for objective standards to state laws.

416
00:36:52,060 --> 00:36:54,410
Potentially also addressing some of the,

417
00:36:55,920 --> 00:36:56,600
how's that?

418
00:36:57,700 --> 00:37:01,100
Potentially addressing some of the concerns

419
00:37:01,100 --> 00:37:03,820
that were brought up by other speakers.

420
00:37:04,320 --> 00:37:04,940
Thank you.

421
00:37:10,890 --> 00:37:12,110
Have you ever loved it?

422
00:37:17,400 --> 00:37:20,380
Daniel, do you mind coming back up this morning?

423
00:37:24,510 --> 00:37:26,130
a couple of the questions raised.

424
00:37:26,450 --> 00:37:27,090
You mentioned real.

425
00:37:30,000 --> 00:37:36,000
Can you walk us through what it would look like to bring that, you know, because presumably it's not a

426
00:37:36,640 --> 00:37:43,420
may not be able to make a final decision tonight, but what would it look like for us at more

427
00:37:43,420 --> 00:37:45,400
of discussion or not that?

428
00:37:46,400 --> 00:37:50,160
Well, with regard, I mean, I think the area is probably the most complicated would be the

429
00:37:50,160 --> 00:37:51,200
design standards.

430
00:37:51,900 --> 00:37:55,240
Yeah, and can you just dive in a little bit more, can you walk me through the thinking and

431
00:37:55,240 --> 00:38:01,940
recommending some simplifying that, just moving in that direction versus the different options

432
00:38:01,940 --> 00:38:03,340
that we have had.

433
00:38:03,960 --> 00:38:11,100
And some of this largely reflects what is you, you do have larger developers who are coming

434
00:38:11,100 --> 00:38:16,640
in, which are sizing various provisions of state law, including density bonus waivers that

435
00:38:16,640 --> 00:38:21,820
are effectively able to get projects approved by the city and disregard many, many of the

436
00:38:21,820 --> 00:38:24,760
local standards and that's their right understeel off.

437
00:38:25,020 --> 00:38:30,020
At the same time, we have objectives standard that are applying to single-family homeowners that,

438
00:38:30,020 --> 00:38:34,060
you know, some, I'm clearly not all, find somewhat challenging to adhere to.

439
00:38:34,620 --> 00:38:40,020
And so, on one hand, the homeowners having to really go through a very detailed list of requirements,

440
00:38:40,440 --> 00:38:44,740
while I develop or can to say here, my waiver request, I don't want to comply.

441
00:38:45,500 --> 00:38:48,040
And so, that seemed to be a great unfairness issue.

442
00:38:48,040 --> 00:38:53,500
So, the staff recommendation would be basically recognizing that and just rip off the band

443
00:38:53,500 --> 00:38:59,180
aid and simply say, maybe it's time for our deck of designs to Andrews to not really

444
00:38:59,180 --> 00:39:02,220
applying the way that historically they have.

445
00:39:02,880 --> 00:39:09,800
I guess just to take that one, for my perspective, I think it'd be a little mature for that.

446
00:39:09,940 --> 00:39:15,760
I've originally positive feedback from people who have had to go through the process, both

447
00:39:15,760 --> 00:39:20,160
been formally up here on the DIS, through objective design standards, there's a lot of work

448
00:39:20,160 --> 00:39:26,560
to develop them, and I think it's a very thoughtful process that led to it, and I want to

449
00:39:26,560 --> 00:39:32,100
want to throw that out, I think, we could evaluate at a later date if it continues to be overly

450
00:39:32,100 --> 00:39:38,360
owners, but that's not what I've heard today. So, while I appreciate the fairness aspect and

451
00:39:38,360 --> 00:39:44,180
I think, staff is coming from the right place. I personally think we should keep some of that work,

452
00:39:44,180 --> 00:39:49,020
that really was intended to keep the characteristics

453
00:39:49,020 --> 00:39:51,600
or special about Kim will aesthetically

454
00:39:51,600 --> 00:39:53,360
while balancing the flexibility,

455
00:39:54,000 --> 00:39:57,660
the broad range of options and making it

456
00:39:58,620 --> 00:40:01,280
of Jacob for anyone to go through the process.

457
00:40:01,760 --> 00:40:03,060
So there's an equity component

458
00:40:03,060 --> 00:40:06,660
but then that already that we're trying to get out

459
00:40:06,660 --> 00:40:09,820
and so I don't want to lose that.

460
00:40:09,820 --> 00:40:12,840
Because I'd be cursing how other council members feel

461
00:40:12,840 --> 00:40:15,420
but I think it's something that we continue to,

462
00:40:15,680 --> 00:40:17,620
if we do hear concerns as I haven't heard,

463
00:40:17,780 --> 00:40:19,800
we can discuss it in future day.

464
00:40:21,540 --> 00:40:22,180
Councilmember Hyde?

465
00:40:22,620 --> 00:40:25,700
Yeah, I certainly concur with the Councilmember Lopez

466
00:40:25,700 --> 00:40:27,600
on having the objective standards.

467
00:40:28,900 --> 00:40:33,420
I feel though that from the specific of the Campbell village,

468
00:40:34,580 --> 00:40:36,640
land that those that's so outdated

469
00:40:37,780 --> 00:40:40,940
and in conflict with state and city ordinances

470
00:40:40,940 --> 00:40:48,180
that it should apply the objective standards that the city should apply across the city.

471
00:40:48,880 --> 00:40:53,120
Yeah, and to clarify, so the current intermordance, that was adopted last year.

472
00:40:53,700 --> 00:40:59,600
So that is the ordinance adopting the impact the current objective design standards.

473
00:41:00,380 --> 00:41:07,160
That replaced the prior subjective standards for the St. Moss area in Campbellville, Ontario.

474
00:41:07,160 --> 00:41:15,120
Now, the current object of standards were developed to try to take the spirit of what the

475
00:41:15,120 --> 00:41:20,780
subject of standards were trying to accomplish and put it into kind of an objective format.

476
00:41:21,340 --> 00:41:23,360
And so that's currently what's here.

477
00:41:23,500 --> 00:41:28,200
We are already pass a point of dealing with the subjective design standards of the past.

478
00:41:29,180 --> 00:41:34,080
But I would just also note, I mean, if it is council's pleasure to retain objective standards,

479
00:41:34,080 --> 00:41:39,540
It probably would also be worthwhile for the standards to be refined.

480
00:41:40,760 --> 00:41:45,220
Garlas of the value judgment of it, and practice one part that has been somewhat

481
00:41:45,220 --> 00:41:45,540
challenging.

482
00:41:45,840 --> 00:41:50,260
These standards were originally developed to deal with brand new single family homes.

483
00:41:51,040 --> 00:41:54,440
But they also technically apply to the additions, and that has created a little bit of

484
00:41:54,440 --> 00:41:57,340
a disconnect for a variety of technical reasons.

485
00:41:58,080 --> 00:41:59,320
So that is the council's direction.

486
00:41:59,560 --> 00:42:04,060
We probably should revisit that a little bit so that it's clear when the standards

487
00:42:04,060 --> 00:42:06,220
apply to additions and when it comes.

488
00:42:11,120 --> 00:42:17,180
I think I would I think I would encourage the staff and the council

489
00:42:17,180 --> 00:42:21,740
to continue to have the discussion around the objective standards on the points that you just

490
00:42:21,740 --> 00:42:29,120
made as well as the additional points that we heard from the speakers to refine and maintain

491
00:42:29,120 --> 00:42:38,360
the objective standards that are out, refine the ones that are outdated and utilize the ones that

492
00:42:38,360 --> 00:42:40,320
to make sense to continue it.

493
00:42:40,500 --> 00:42:41,760
Yeah, I think that would be reasonable.

494
00:42:41,880 --> 00:42:44,400
I don't think that was the primary intention

495
00:42:44,400 --> 00:42:45,660
when we were having those discussions

496
00:42:45,660 --> 00:42:47,220
around developing those standards.

497
00:42:48,360 --> 00:42:50,800
And I would welcome increasing flexibility

498
00:42:50,800 --> 00:42:52,400
without getting rid of that.

499
00:42:53,060 --> 00:42:56,080
We probably would also seek the direction on particular.

500
00:42:56,220 --> 00:42:58,360
I mean, the drive-ways standards fairly diminished.

501
00:42:58,800 --> 00:43:00,860
But the floor area ratio is probably,

502
00:43:00,860 --> 00:43:02,700
also probably a fair point of discussion

503
00:43:02,700 --> 00:43:03,300
for the council.

504
00:43:03,560 --> 00:43:07,640
So currently, the city regulates building area by what's known

505
00:43:07,640 --> 00:43:13,860
for your ratio. It's basically the value of a building's toll-forwardary divide by the

506
00:43:13,860 --> 00:43:22,800
launch size. Currently that's 45%. In the past, it was actually possible to go up to 50%

507
00:43:22,800 --> 00:43:28,740
through a subjective process. Because subjective processes were no longer allowed, that mechanism

508
00:43:28,740 --> 00:43:36,200
was actually removed with the prior ordinance. So right now, it is at a hard cap of 45%. Now,

509
00:43:36,200 --> 00:43:40,860
council would like to see that number increase that could be I can also incorporate it into

510
00:43:40,860 --> 00:43:43,600
for the for the revisions to the draft.

511
00:43:46,770 --> 00:43:49,970
Sounds like what I'm hearing is that we're not

512
00:43:49,970 --> 00:43:55,990
ready to ready to make a decision this evening on this but I want to ask Daniel is there a

513
00:43:56,670 --> 00:44:04,150
time component to this to to extend our to adopt the intermore concerns and for the other.

514
00:44:04,590 --> 00:44:08,510
No I mean there is no there is no time present time issue at the moment.

515
00:44:08,510 --> 00:44:12,750
I mean, there are a lot of property owners who are eager to move ahead with their particular

516
00:44:12,750 --> 00:44:18,930
projects, but the current interim ordinance is in effect for, believe, until January.

517
00:44:19,690 --> 00:44:21,970
So, we do have time to look at for the revisions.

518
00:44:25,120 --> 00:44:30,960
And I, I would just add, I would be very soon having the discussion around that higher

519
00:44:30,960 --> 00:44:37,920
Fourier issue, moving that out, I think for us to make an informed decision, we need a little

520
00:44:37,920 --> 00:44:40,820
more free from other trade-offs, but I think that would be a worthwhile discussion.

521
00:44:41,860 --> 00:44:42,900
I would agree on that.

522
00:44:43,500 --> 00:44:48,040
I remember talking about it, the Planning Commission, when I was on that it was the

523
00:44:48,040 --> 00:44:50,380
Wisconsin's discussion about more area ratio.

524
00:44:51,080 --> 00:44:57,120
You will have a definitive, objective approach would be quite effective.

525
00:45:00,430 --> 00:45:08,370
And as far as the driveway, it seems like we're not consistently applying what regulations are now.

526
00:45:08,730 --> 00:45:12,430
So, it just seems like we should have a little more flexibility on the driveway.

527
00:45:13,490 --> 00:45:19,190
Yes, I mean, it's not a standard that's found in every community and the higher-density projects you do have

528
00:45:19,190 --> 00:45:27,010
you do have driveways that are closer than five feet, again, kind of have the increasing disconnect between how we regulate higher-density projects and lower-density projects.

529
00:45:28,390 --> 00:45:33,510
And I just want to make sure that individuals that are looking to move forward with their

530
00:45:33,510 --> 00:45:33,850
projects.

531
00:45:34,810 --> 00:45:37,050
There's not an innovative plan.

532
00:45:37,290 --> 00:45:40,790
They're not an innovative plan without having this.

533
00:45:40,790 --> 00:45:43,670
The ordinances in place they can move forward with their projects.

534
00:45:44,330 --> 00:45:44,750
Well, no.

535
00:45:44,930 --> 00:45:50,070
So currently, particularly with individuals who are seeking to perform urban law splits.

536
00:45:50,110 --> 00:45:53,230
The current standards are limiting their ability to do that.

537
00:45:53,610 --> 00:45:56,010
So they have been waiting for an update to the ordinance.

538
00:45:56,010 --> 00:45:58,770
that would revisit the subdivisions standards.

539
00:45:59,670 --> 00:46:03,330
So if we continue to hearing and revisit the design standards,

540
00:46:03,550 --> 00:46:05,030
I mean, that will force causes a life.

541
00:46:06,550 --> 00:46:07,210
That's an argument.

542
00:46:07,550 --> 00:46:07,930
Thank you.

543
00:46:07,930 --> 00:46:11,110
I was just wondering if it was possible to do the reverse

544
00:46:11,110 --> 00:46:15,490
where we do fast this, and then revisit another time

545
00:46:15,490 --> 00:46:17,530
for the design standards soon.

546
00:46:18,090 --> 00:46:21,610
So that allowing for the people who are eagerly waiting

547
00:46:22,220 --> 00:46:24,590
to go move forward, so they can move forward,

548
00:46:24,590 --> 00:46:27,550
and then we revisit after the fact, do you know what I mean?

549
00:46:27,650 --> 00:46:31,010
Bill, wouldn't that be adopting to sequential and term ordinances?

550
00:46:32,170 --> 00:46:34,750
Yes, you could not do that on an interim basis.

551
00:46:34,750 --> 00:46:37,470
You could do that as part of the permanent ordinance

552
00:46:37,470 --> 00:46:39,030
when that comes back to you.

553
00:46:39,290 --> 00:46:41,810
OK, so there is another opportunity for us to...

554
00:46:41,810 --> 00:46:44,990
There will be another opportunity, eventually,

555
00:46:45,950 --> 00:46:47,530
the question would be one of time.

556
00:46:48,350 --> 00:46:48,830
OK.

557
00:46:48,830 --> 00:46:51,090
Well, I'm a little reluctant to hold up.

558
00:46:51,210 --> 00:46:52,950
I agree with your sentiments, guys.

559
00:46:52,950 --> 00:46:55,870
that I wouldn't want to hold up anyone in this meeting.

560
00:46:56,090 --> 00:46:57,770
This is an eager day to get their project done.

561
00:46:58,130 --> 00:47:03,650
I would concur with Miss Cecilola that I know that there's a property right in my district

562
00:47:03,650 --> 00:47:07,270
that is quite key and I'm going to be able to move forward with it.

563
00:47:14,400 --> 00:47:21,960
I guess what I'm hearing we'd like to do is move forward with, let's see if we could

564
00:47:21,960 --> 00:47:28,420
move forward with this ordinance knowing that when the final version that we could review the objective

565
00:47:28,420 --> 00:47:32,600
design standards in the final version. Is that feasible?

566
00:47:33,060 --> 00:47:37,900
Well, I did. It seems to me that staffing correct me if I'm wrong with that moving board

567
00:47:37,900 --> 00:47:47,700
with this would then get rid of the objective standards and recent flexibility. So, it seems

568
00:47:47,700 --> 00:47:50,980
like that's intentional, somewhat we discussed up here.

569
00:47:52,490 --> 00:47:59,490
Bill, can they read into the record or reference? We have a red line version of the current

570
00:48:00,070 --> 00:48:03,890
intermordance. That shows a strikeouts. Could they reference that

571
00:48:04,850 --> 00:48:07,450
part of their action to adopt the new ordinance?

572
00:48:14,760 --> 00:48:19,900
The council could reference just about anything, but I'm not sure what the purpose of that is.

573
00:48:20,160 --> 00:48:26,460
Well, to the extent that if they wanted to adopt the intermordance with the objective design standards

574
00:48:26,460 --> 00:48:28,260
being brought back into it,

575
00:48:32,260 --> 00:48:34,260
were you saying those are red light out right now?

576
00:48:35,220 --> 00:48:39,060
Well, yeah, because it's a new ordinance. They're not currently in the draft. So

577
00:48:39,060 --> 00:48:43,780
trying to see if there's a way we can move them into the draft through a motion.

578
00:48:46,240 --> 00:48:53,400
I don't know. I'm not sure without actually taking a look at that and seeing what gets

579
00:48:53,400 --> 00:48:59,260
put back in and whether there's a conflict with anything that was changed.

580
00:48:59,720 --> 00:49:04,880
It's sure. If not, we can return to your next council meeting with your intended direction

581
00:49:07,860 --> 00:49:15,140
So it would be August 6th meeting that we can 7th week continue to.

582
00:49:15,160 --> 00:49:17,380
I believe it's August 3rd.

583
00:49:19,460 --> 00:49:22,580
But between now and then we'd have to do the amendments and bring it back.

584
00:49:22,780 --> 00:49:23,340
Which one?

585
00:49:23,600 --> 00:49:29,440
So that would be the driveway and the objective standards.

586
00:49:30,960 --> 00:49:39,140
Yeah, the easiest left would be to basically maintain the objective design standards as they are.

587
00:49:39,720 --> 00:49:44,700
And then eliminate the driveway set back and just bring that back to the council and August.

588
00:49:45,420 --> 00:49:54,920
And then I guess do for a broader conversation on for area ratio and maybe further revisions to the objective design standards to another time.

589
00:49:54,920 --> 00:50:19,200
I mean, that makes sense to me, the government, just to call it, just a clarification that the ordinance, right now that we have in front of us does not include the objective design standards, Eric. Okay, so I would, I would concur that we want to defer to have an included back in per the conversations we have.

590
00:50:20,180 --> 00:50:22,140
And including the dragway.

591
00:50:22,640 --> 00:50:23,920
I'm going to move on to the problem.

592
00:50:25,600 --> 00:50:30,160
If there's no further discussion, could I get a motion to direct that?

593
00:50:31,260 --> 00:50:32,480
Do we need a motion bill?

594
00:50:32,700 --> 00:50:33,060
Yes.

595
00:50:33,280 --> 00:50:39,380
You would need first to reopen the public hearing and then continue this to August 30.

596
00:50:40,840 --> 00:50:41,060
Okay.

597
00:50:42,100 --> 00:50:46,840
So at this point, I'm going to reopen the public hearing on item.

598
00:50:58,040 --> 00:51:06,060
And then I would need a motion from the Council to continue the item too.

599
00:51:06,360 --> 00:51:09,300
Motion to continue an item 8.2.

600
00:51:10,500 --> 00:51:16,480
There's an up direction from our discussion to the motion was to continue with dog's third.

601
00:51:17,900 --> 00:51:24,220
To include the objective standards and the driveway revision.

602
00:51:24,700 --> 00:51:26,640
Wait with a four year ratio.

603
00:51:27,700 --> 00:51:31,300
To be discussed at a later date.

604
00:51:31,920 --> 00:51:32,680
Great.

605
00:51:34,100 --> 00:51:35,520
With that, I'll take a roll call.

606
00:51:39,050 --> 00:51:39,930
Council member Lopez.

607
00:51:40,550 --> 00:51:41,350
Council member Heinz.

608
00:51:41,350 --> 00:51:44,490
I want to remember Skizola by Samir Baidey.

609
00:51:44,710 --> 00:51:46,750
I thank you all.

610
00:52:16,280 --> 00:52:16,580
Okay.

611
00:52:17,020 --> 00:52:18,600
We'll continue here now.

612
00:52:24,510 --> 00:52:25,710
We will now.

613
00:52:30,000 --> 00:52:43,020
Move to hear the next five items under public hearings and the introduction of ordinances. I'd like to mention at the very beginning that each of these items, as public hearings, will be taken separately.

614
00:52:44,540 --> 00:52:53,200
And the council actually, in this case, enters a different roll for itself. This now becomes a judiciary proceeding.

615
00:52:53,200 --> 00:53:00,060
As such, every person who wishes to address the council on this matter must be sworn in.

616
00:53:00,240 --> 00:53:08,860
The City Clerk will administer the oath of office, I should say, the oath of the proper oath to be sworn in.

617
00:53:09,040 --> 00:53:20,080
If you wish to provide testimony on any one of the next five subjects, so we will now move to item 8.3.

618
00:53:20,080 --> 00:53:25,900
This is the public area to consider the adoption of a resolution revoking the business license

619
00:53:25,900 --> 00:53:30,900
and tobacco retailer permit for California's cigar and more number three.

620
00:53:31,140 --> 00:53:41,060
Located at 21-45 South Winchester Boulevard in Campbell, I will now ask for the staff

621
00:53:41,060 --> 00:53:42,540
report on this matter.

622
00:53:42,540 --> 00:53:49,680
I think Rob Eastwood, our community services director will get the staff report.

623
00:53:50,440 --> 00:53:52,700
And this service would need to be sworn in.

624
00:53:57,110 --> 00:53:58,130
Is your intent?

625
00:53:59,450 --> 00:54:02,870
Do you affirm to tell the truth, the whole truth, and nothing but the truth?

626
00:54:03,250 --> 00:54:04,130
I do.

627
00:54:05,490 --> 00:54:12,290
Being a general mayor, council members, Rob Eastwood, community developer, well-presented mayor,

628
00:54:12,410 --> 00:54:14,070
on the interest of the time this is a bit different.

629
00:54:14,070 --> 00:54:19,030
you have five items before you that are very similar in nature, the circumstances on each

630
00:54:19,030 --> 00:54:24,550
are a bit different. I'll do a little bit more to TF the item, just prepare the council

631
00:54:24,550 --> 00:54:30,750
for the five, what to expect on five items. Again, broadly before you, tonight, you're a

632
00:54:30,750 --> 00:54:36,130
considering revocation of business licenses for five, I'll call them smoke shops, businesses

633
00:54:36,130 --> 00:54:41,930
there are license to sell tobacco products. Of those five, three of them also included in

634
00:54:41,930 --> 00:54:49,110
So under Campbell's municipal code, at the Administrative level, we've revoked our head

635
00:54:49,110 --> 00:54:52,670
and intent to revoke the tobacco retailer permit for three of the businesses.

636
00:54:53,210 --> 00:54:55,790
I'm sorry, five of the businesses, three of those have issued a appeal.

637
00:54:56,710 --> 00:54:59,070
So tonight you'll consider five of businesses.

638
00:54:59,250 --> 00:55:02,550
The first three will be a combination of a business license,

639
00:55:02,550 --> 00:55:06,210
revocation, and an appeal of the tobacco retailer permit,

640
00:55:06,210 --> 00:55:11,610
revocation. The last two businesses did not appeal the revocation of the tobacco retail

641
00:55:11,610 --> 00:55:16,170
permit. It's solely the business license. As we get through each of those, I'll represent

642
00:55:16,170 --> 00:55:21,630
that, just to set the stage. On each of these cases, I'll as I'll present the documentation

643
00:55:21,630 --> 00:55:26,930
and further evidence and testimony can be provided by your police department. The revocation

644
00:55:26,930 --> 00:55:31,970
recommendations based on documented sales or presence of drugs or legal products.

645
00:55:35,630 --> 00:55:36,190
That

646
00:55:37,350 --> 00:55:42,850
Again, the first three that you'll be considered tonight, California's cigar in more

647
00:55:42,850 --> 00:55:48,170
number three, haze downtown smoke shop, haze smoke shop will be a combination of a

648
00:55:48,170 --> 00:55:53,050
revocational business license and an appeal hearing on the tobacco retailer permit.

649
00:55:55,030 --> 00:56:01,050
As mentioned, while I was wearing of any testimony you received tonight, for the California's

650
00:56:01,050 --> 00:56:05,330
of course you can receive any and all testimony in evidence presented by the business owners

651
00:56:05,330 --> 00:56:10,590
in their defense, so perhaps keeping the licenses. The appeal hearing before you on the

652
00:56:10,590 --> 00:56:15,130
tobacco retail permit is the no vote, the available means they're not held to evidence that

653
00:56:15,130 --> 00:56:20,590
was presented in the past before the appeal, any evidence presented tonight you can consider in

654
00:56:20,590 --> 00:56:26,270
your hearing. I will note you did receive some very late correspondence this afternoon from

655
00:56:26,270 --> 00:56:31,110
a the business owner of two of the smoke shops want to make sure you did receive that

656
00:56:31,110 --> 00:56:35,970
as part of my presentation. I will respond to some of the objections and issues that were

657
00:56:35,970 --> 00:56:40,690
brought up in that email. Again, I'll be presenting each of the items, as your community

658
00:56:40,690 --> 00:56:46,430
development director. Of course, I'm supported by our very capable police department, Chief

659
00:56:46,430 --> 00:56:51,730
Kerry Bird, Captain Ian White, and Detective Benjamin Palmer all here provide support and testimony.

660
00:56:52,290 --> 00:56:56,930
I just want to make sure, yes, no, we're only taking testimony in the first one tonight.

661
00:56:57,670 --> 00:56:59,110
So, you have to do these sequentially.

662
00:57:00,010 --> 00:57:00,990
We're doing one at a time.

663
00:57:02,490 --> 00:57:06,630
Each time you receive any testimony, though, the person providing testimony staff,

664
00:57:06,830 --> 00:57:08,030
or otherwise, would have to be this one.

665
00:57:10,130 --> 00:57:13,830
One last precursor before I go into each, as you'll see tonight,

666
00:57:14,130 --> 00:57:19,710
the evidence for Ben before you presented before you references the sale of drugs

667
00:57:19,710 --> 00:57:25,290
are illegal products from each of these businesses, just as a sort of glossary up front.

668
00:57:26,210 --> 00:57:32,230
When you see these terms, the first one is cyber-sciven, I think a pronoun to net right is

669
00:57:32,230 --> 00:57:38,850
a serotonin receptor, produces hallucinogenic effects, often called mushrooms or magic

670
00:57:38,850 --> 00:57:39,270
mushrooms.

671
00:57:40,090 --> 00:57:47,570
It's a schedule one substance, that's the most prohibited under federal law, and it's

672
00:57:47,570 --> 00:57:49,630
is both the violation of federal and stable.

673
00:57:50,230 --> 00:57:52,470
So, if you see that reference has been

674
00:57:52,470 --> 00:57:54,390
eligible for sale by the businesses.

675
00:57:55,170 --> 00:57:58,330
THC cannabis, you know the City Council is well aware of,

676
00:57:58,330 --> 00:58:01,350
is prohibited for sale in Campbell, retail sales,

677
00:58:02,070 --> 00:58:04,490
prohibited for sale in Campbell and her camps in this book code.

678
00:58:04,950 --> 00:58:08,030
Last but not least, in each, but if not all of the cases,

679
00:58:08,230 --> 00:58:10,530
you'll see documented evidence of flavored nicotine,

680
00:58:10,610 --> 00:58:14,550
selling nicotine on site under California State Law,

681
00:58:14,550 --> 00:58:20,470
health and safety code section as shown on the screen, that is prohibited in California, and the

682
00:58:20,470 --> 00:58:28,330
intent of that is to keep flavor to back out of targeting youth teens with those favorite products.

683
00:58:28,630 --> 00:58:33,630
So all three of these products are illegal either at the federal state or local level.

684
00:58:36,130 --> 00:58:36,690
Starting with

685
00:58:36,690 --> 00:58:43,790
your first revocation here in, so this is item 8.3. Again, we'll go to country 8.3 to 8.7.

686
00:58:43,790 --> 00:58:49,490
Well, first item before you is California cigar and more. Number three, located at 2145

687
00:58:49,490 --> 00:58:54,490
South Winchester as operated under a business license and a tobacco retailer permit.

688
00:58:55,690 --> 00:59:00,750
On January 20th, 2026, earlier this year, there was an infection of the business by

689
00:59:00,750 --> 00:59:12,030
Campbell police officers. The officers were offered for sale products containing silo silo

690
00:59:12,030 --> 00:59:18,350
The officers did discover a hidden room behind the retail area and told they confiscated

691
00:59:18,350 --> 00:59:27,330
2,274 flavored tobacco items and 120 silo-scibe in our and cannabis products on the site.

692
00:59:28,230 --> 00:59:35,490
Separately earlier that month the police found a documentary forced entry of burglary of the business.

693
00:59:35,490 --> 00:59:42,530
believe the suspects did get away, does prevent some evidence that if there is knowledge of illegal drugs and products on site,

694
00:59:42,870 --> 00:59:44,750
it could present hazardous nuisance.

695
00:59:47,580 --> 00:59:52,740
The administration, under my signature, sent a notice to revoke based on these violations,

696
00:59:53,100 --> 00:59:57,060
a notice to revoke the tobacco retailer permit to the business owner on June 3rd.

697
01:00:00,000 --> 01:00:04,840
They have the right to request an appeal in a hearing before you. We did receive that appeal on June 16.

698
01:00:05,480 --> 01:00:09,980
Again, your action tonight for California's cigar and more number three is both consider

699
01:00:09,980 --> 01:00:14,520
revocation of the business license and is a no-go hearing on appeal of the tobacco

700
01:00:14,520 --> 01:00:22,120
retailer permit. Again, based on the documented illegal drugs found on site by police

701
01:00:22,120 --> 01:00:26,620
officers, staff is recommending the Council to take two actions tonight,

702
01:00:27,040 --> 01:00:32,880
revoke the business license that at least four of the five findings as shown on the screen,

703
01:00:33,560 --> 01:00:37,000
including the operation of the business is contrary to the public health safety

704
01:00:37,000 --> 01:00:42,400
welfare and morals, the violation of the penal code, a misrepresentant of the material

705
01:00:42,400 --> 01:00:47,700
fact, in which they apply for the license, which was not to sell or have those illegal drugs

706
01:00:47,700 --> 01:00:52,940
on site, and that it does constitute a public nuisance, and an addition staff is recommending

707
01:00:52,940 --> 01:00:59,020
that you deny the appeal, uphold the revocation of the tap echo retailer permit, as there

708
01:00:59,020 --> 01:01:03,560
is evidence that there is a violation of local state or federal law applicable to back

709
01:01:03,560 --> 01:01:10,800
of products, specifically the over 2000 to flavored tobacco products that are confiscated on

710
01:01:10,800 --> 01:01:11,160
site.

711
01:01:13,780 --> 01:01:18,560
In summary, that is staff recommendation to revoke the business license into back of your

712
01:01:18,560 --> 01:01:24,360
and to an idea appeal. I'm available for questions, and again, our police forces here also.

713
01:01:26,180 --> 01:01:29,780
Thank you. First of all, ask if there are any questions by members of the council.

714
01:01:34,040 --> 01:01:34,400
We apparently,

715
01:01:37,810 --> 01:01:44,030
so the first step here is to invite the appellant or the applicant or their representative

716
01:01:45,570 --> 01:01:52,510
to present comments to the council if you wish, and if so you have five minutes to speak as the appellant.

717
01:01:53,210 --> 01:01:55,650
Does, yes, please come fully.

718
01:02:02,950 --> 01:02:05,750
Just sort of touch the microphone, the little microphone.

719
01:02:06,050 --> 01:02:07,730
There you go. Thank you.

720
01:02:08,210 --> 01:02:08,230
Thank you.

721
01:02:08,230 --> 01:02:08,770
Thank you very much.

722
01:02:09,390 --> 01:02:09,870
Yes.

723
01:02:11,370 --> 01:02:14,750
You've heard to tell the truth, the whole truth, and I think that's true.

724
01:02:14,890 --> 01:02:15,310
I do.

725
01:02:18,610 --> 01:02:21,950
First of all, I just want to take responsibility for what happened.

726
01:02:22,550 --> 01:02:24,950
This business was poorly managed.

727
01:02:25,690 --> 01:02:29,070
I can argue about what happened and how this happened,

728
01:02:29,070 --> 01:02:36,250
but I won't. I'm just going to take full responsibility and I'm just asking for another chance

729
01:02:36,250 --> 01:02:41,310
before you guys revoke my life, this is my livelihood, this is how I am so for my family.

730
01:02:43,750 --> 01:02:49,190
I just want another chance before you guys revoke my life since that's all.

731
01:02:49,670 --> 01:02:53,230
Okay, thank you. Okay. Any questions?

732
01:02:56,280 --> 01:03:00,900
I believe so. If someone else gives testimony you can come back

733
01:03:00,900 --> 01:03:10,840
charted initial moment of thinking of you like so I will for this particular matter 8.3

734
01:03:10,840 --> 01:03:16,840
open the public hearing and ask if anyone would like to speak on this matter so anyone

735
01:03:18,600 --> 01:03:25,240
know okay so I will close the public hearing so you can come back and make some additional

736
01:03:25,240 --> 01:03:36,890
comments if you wish but it's totally up to you okay so I will close the public hearing completely

737
01:03:36,890 --> 01:03:41,890
know and return the matter to the City Council for review and or action.

738
01:03:46,030 --> 01:03:56,910
I do have questions for either for staff or for PD as it may be relevant. This one stood out and then it did have

739
01:03:56,910 --> 01:04:05,230
silo-sciven products on-site. Does that add an additional as I believe one of the other businesses did but

740
01:04:05,230 --> 01:04:10,790
to that added additional level of seriousness to the findings

741
01:04:10,790 --> 01:04:13,030
given its federal status.

742
01:04:20,540 --> 01:04:22,320
Rob, you just need to volunteer, again.

743
01:04:22,760 --> 01:04:24,540
I would believe you'll see five cases

744
01:04:24,540 --> 01:04:25,680
with different evidence.

745
01:04:26,080 --> 01:04:28,980
I'd say, in this case, we have evidence

746
01:04:28,980 --> 01:04:31,520
of the sale of three illegal products,

747
01:04:32,160 --> 01:04:35,700
silaside in THC cannabis, and also

748
01:04:35,700 --> 01:04:36,300
flavored tobacco.

749
01:04:36,700 --> 01:04:39,900
So I'd say we'd assume that's

750
01:04:39,900 --> 01:04:44,640
much more serious offense than maybe just one of those items, but there's a more test

751
01:04:44,640 --> 01:04:47,100
no need by the Campbell police can ask them.

752
01:04:50,660 --> 01:04:51,040
Does it?

753
01:04:51,040 --> 01:04:51,480
Yeah.

754
01:04:51,780 --> 01:04:56,760
It's a possible get a staff report, PD report, yeah, that'd be great.

755
01:04:56,900 --> 01:04:58,300
I may have it in a different file first.

756
01:04:59,360 --> 01:04:59,880
I think.

757
01:05:02,120 --> 01:05:05,380
Do you affirm to tell the truth a whole truth and nothing but the truth?

758
01:05:05,540 --> 01:05:06,020
I do.

759
01:05:07,860 --> 01:05:12,440
I believe you're asking about this here since the fence in regards to the soliciting, that

760
01:05:12,440 --> 01:05:19,960
of felony in California, whereas the other fence is being the marijuana and THG products

761
01:05:19,960 --> 01:05:24,760
as a city ordinance, and the labor to back was a misdemeanor. So, it's answer to your question,

762
01:05:24,880 --> 01:05:30,840
yes, it is a much more serious fence, and it would carry a heavier sentence for people that are

763
01:05:30,840 --> 01:05:39,240
selling it. And, you know, city attorney can comment on this. This is outside the scope of what we

764
01:05:39,240 --> 01:05:42,940
to consider here, but I read throughout the documents, I read through the police report.

765
01:05:43,860 --> 01:05:49,540
I was concerned that in this case, it seems like the employees were being charged, you

766
01:05:49,540 --> 01:05:57,700
know, which may be appropriate, but not the people in charge of the business, I'm just wondering

767
01:05:57,700 --> 01:05:59,800
how that plays into this here.

768
01:06:00,380 --> 01:06:01,460
If at all.

769
01:06:02,320 --> 01:06:09,020
The answer for purposes of licensing ordinances in general and the ones before you, the owners

770
01:06:09,020 --> 01:06:12,880
of the business are as sensible for the actions of their employees.

771
01:06:14,420 --> 01:06:15,920
And that was your question.

772
01:06:16,680 --> 01:06:19,280
And yes, you can consider the violation.

773
01:06:19,960 --> 01:06:25,560
Other law violations determining whether or not to provoke the license.

774
01:06:26,300 --> 01:06:35,680
And was there an additional charge outside of what we read in the police report for the owners of the business under?

775
01:06:36,200 --> 01:06:47,380
We did not file criminal charges against the owner of the business that, in speaking with the District Attorney, they typically would not file on something like that because they weren't present.

776
01:06:49,140 --> 01:06:50,040
I think that's a like question.

777
01:06:53,800 --> 01:06:55,140
I have a question.

778
01:06:55,140 --> 01:07:05,600
And so the report says that there are complaints received, how many complaints

779
01:07:05,600 --> 01:07:10,620
who complain with it, just a random inspection of the property are?

780
01:07:10,740 --> 01:07:14,560
So I'm not personally aware of the direct complaints that we received.

781
01:07:14,740 --> 01:07:16,380
There was something I was informed about, my supervisor.

782
01:07:17,400 --> 01:07:22,460
I typically lead all of the tobacco enforcement for the city, and I was made aware

783
01:07:22,460 --> 01:07:24,320
that we had received at least one complaint.

784
01:07:24,320 --> 01:07:26,980
And there's that this is a profession code that allows us to

785
01:07:30,000 --> 01:07:35,980
Of these facilities, and that is what the authority we use to do the inspection was.

786
01:07:36,540 --> 01:07:40,060
Is the revocation permanent?

787
01:07:42,280 --> 01:07:42,840
Action?

788
01:07:45,000 --> 01:07:50,920
I mean, would they be open? Have the ability to open on their establishment?

789
01:07:54,510 --> 01:08:07,330
probably should be able to drive for again. Under camels, municipal code, the revocation of the tobacco retailer permit, the prohibit them from opening under another permit for at least one year.

790
01:08:11,190 --> 01:08:16,870
In that regard, though, we do have a moratorium on smoke shops, so I wondered if you might come in on that.

791
01:08:16,930 --> 01:08:25,290
We do. We do. Very suit, Mira Furtado. We do have a moratorium on smoke shops. If for him, it's new smoke shops coming in to Campbell.

792
01:08:26,310 --> 01:08:31,330
a smoke shop, and I clarify this through our staff and check on our city attorney.

793
01:08:31,810 --> 01:08:37,650
Under this instance, in the same location, technically, if it was revoked, could reopen

794
01:08:37,650 --> 01:08:38,270
in one year.

795
01:08:38,910 --> 01:08:39,950
Now, it is staff's intent.

796
01:08:40,110 --> 01:08:45,650
You currently have a moratorium on on new smoke shops, echo retail permits, between now,

797
01:08:46,090 --> 01:08:51,490
between now and at least a year from now, to bring back a permit ordinance that would

798
01:08:51,490 --> 01:08:54,410
dictate and regulate how many smoke shops are allowed to say.

799
01:08:54,410 --> 01:08:56,190
But they're on a further moratorium.

800
01:08:56,970 --> 01:09:03,410
If back of retail a permit was revoked and it was no further action, they could reopen potentially the same one year.

801
01:09:04,670 --> 01:09:05,750
In the same location?

802
01:09:06,510 --> 01:09:07,390
Not a different location.

803
01:09:12,260 --> 01:09:13,000
Any other questions?

804
01:09:15,600 --> 01:09:16,860
What is the pleasure of the council?

805
01:09:25,960 --> 01:09:34,780
I would propose a motion and in particular because of the solicitation to revoke the

806
01:09:34,780 --> 01:09:37,020
except the staff recommendation.

807
01:09:42,070 --> 01:09:43,370
I will second the motion.

808
01:09:44,610 --> 01:09:46,910
This civil servant is a scheduled one drug,

809
01:09:46,930 --> 01:09:51,110
scheduled one drugs, and the federal register are prohibited

810
01:09:51,110 --> 01:09:54,330
from possession by anyone, let alone sell it.

811
01:09:55,790 --> 01:09:56,570
So I'll second the motion.

812
01:09:57,210 --> 01:09:58,930
Is there further discussion on this motion?

813
01:10:00,150 --> 01:10:00,370
Yes.

814
01:10:00,910 --> 01:10:06,130
I would just like to say that I very much know the feeling of you know,

815
01:10:06,130 --> 01:10:12,610
unfortunately higher incompetent people and they do things outside of your vision so to me

816
01:10:12,610 --> 01:10:17,450
this is this is difficult because we all agreed to the moratorium and now we have these

817
01:10:17,450 --> 01:10:23,410
violations and I believe we did express that that we wanted more inspections this is what we

818
01:10:23,410 --> 01:10:28,190
wanted so we got the news now you know far more than I would have thought our out of

819
01:10:28,190 --> 01:10:34,670
compliance as we'll see in the next four so as well so we're going to be doing a lot of

820
01:10:35,830 --> 01:10:42,930
But I'm not exactly sure how to vote on this because to me, it sounds like it would be a year gap if we do this.

821
01:10:43,410 --> 01:10:50,890
And then, you know, I'm assuming he doesn't own the building, so then someone can move in there in the, in between the year.

822
01:10:51,230 --> 01:10:57,470
And then, since he has to open up in that exact location, that basically means he can't open it in.

823
01:10:57,470 --> 01:11:19,270
I'm not, I'm not, I'm not, I'm not, I'm not, I'm not, I'm not, I'm not, I'm not, I'm not sure how to vote on this matter myself. I might end up abstaining because I have deep sympathy for the business owner, however I do acknowledge that, you know, his employees were vabbling with illegal substances which we do not want in the community.

824
01:11:19,270 --> 01:11:26,470
So, yeah, I don't know what to say, I wish that it seems like I can just see where this is going

825
01:11:26,470 --> 01:11:30,290
and it seems like this means we're putting this in and out of business for good, at least in Campbell.

826
01:11:30,850 --> 01:11:37,210
That sort of sounds like to me, so just putting that thought out there, I'm not really don't know how to vote on any of these quite frankly.

827
01:11:38,170 --> 01:11:43,370
I just have to comment and I'm really trying to let myself to factual statements.

828
01:11:43,770 --> 01:11:47,910
Again, I read through every document and this very closely because I take it seriously.

829
01:11:47,910 --> 01:11:53,190
And I'm not going to get into specific names or details

830
01:11:53,190 --> 01:11:56,610
of individuals, even though these are private documents.

831
01:11:57,730 --> 01:12:02,490
But one, I want to commend the excellent work of our police

832
01:12:02,490 --> 01:12:07,310
that was cool exemplary and falling procedure going through this

833
01:12:07,310 --> 01:12:11,150
and carefully documenting multiple cases.

834
01:12:11,830 --> 01:12:15,910
I don't believe it's fair for an owner.

835
01:12:15,910 --> 01:12:21,670
and I'll just speak in broad terms generally as you're doing, but for an owner just put the blame

836
01:12:21,670 --> 01:12:28,710
on lower-level employees. In this case, these were very young individuals without a lot of power

837
01:12:28,710 --> 01:12:36,930
in the situation or in their situation in life. And I just don't believe it's fair to put that

838
01:12:36,930 --> 01:12:41,590
blame down on those who are at least positioned to do something about it. And I just personally

839
01:12:41,590 --> 01:12:46,810
in looking at the facts, do you believe that the order has to take responsibility in this case?

840
01:12:50,320 --> 01:12:54,220
The opinion, of course, is that it is the owner's responsibility. He has taken responsibility

841
01:12:54,940 --> 01:13:01,220
for it, and I think the proper action is, I'm sorry, but to revoke the permit.

842
01:13:02,720 --> 01:13:06,480
And so ask for any further comments, and then we'll need to go to the submitter.

843
01:13:06,800 --> 01:13:13,880
I do want to thank the order for taking accountability, the decision that I've just voiced

844
01:13:13,880 --> 01:13:23,760
are the decision, but I encourage the business owner to take another direction and work that

845
01:13:23,760 --> 01:13:24,440
through.

846
01:13:28,060 --> 01:13:30,840
If there's no other comments, go up please.

847
01:13:31,180 --> 01:13:32,140
Councilmember Lopez.

848
01:13:33,220 --> 01:13:34,020
Councilmember Heinz.

849
01:13:34,660 --> 01:13:35,780
Councilmember Skisolab.

850
01:13:36,020 --> 01:13:36,360
I'd stay.

851
01:13:36,860 --> 01:13:37,780
Vice Mayor, by the way.

852
01:13:39,380 --> 01:13:40,320
Mayor, Frittado.

853
01:13:43,820 --> 01:13:46,380
The matter is judged revocation.

854
01:13:47,140 --> 01:13:51,860
So, any further action I should ask the attorney on this matter, we need to take on this matter?

855
01:13:52,320 --> 01:13:53,660
No further action is necessary.

856
01:13:54,540 --> 01:13:55,060
Thank you.

857
01:14:01,850 --> 01:14:05,690
We now move to item 8.4.

858
01:14:10,260 --> 01:14:13,400
And 8.4 is a public hearing to consider the adoption of a resolution

859
01:14:13,400 --> 01:14:17,360
revoking the business license and tobacco retailer permit for

860
01:14:17,360 --> 01:14:22,020
Hayes downtown Smokshop located at 469 East Campbell Avenue in

861
01:14:24,050 --> 01:14:24,650
afternoon.

862
01:14:25,010 --> 01:14:26,290
Mayor Furtado on local council members.

863
01:14:26,490 --> 01:14:27,430
Robby Sue with you again.

864
01:14:27,610 --> 01:14:28,930
The second of your five

865
01:14:28,930 --> 01:14:29,950
revocation hearings.

866
01:14:30,170 --> 01:14:31,790
As mentioned, this is Hayes downtown

867
01:14:31,790 --> 01:14:33,790
Smoke Shop, 469 East Campbell.

868
01:14:34,370 --> 01:14:36,270
Adam before you is both by business

869
01:14:36,270 --> 01:14:38,770
license revocation and the appeal of the

870
01:14:38,770 --> 01:14:40,330
decision to revoke the tobacco

871
01:14:40,330 --> 01:14:41,310
retailer permit.

872
01:14:42,070 --> 01:14:46,410
The evidence before you is on March 5th,

873
01:14:46,410 --> 01:14:48,090
2025, an inspection of the

874
01:14:48,090 --> 01:14:49,390
property by Campbell police.

875
01:14:49,390 --> 01:14:53,350
identified a large amount of flavor tobacco products for sale.

876
01:14:53,850 --> 01:14:57,130
Campbell Police also identified a hidden room within the business.

877
01:15:00,000 --> 01:15:07,140
We're 4,900 tobacco flavored items on the property. As mentioned, tobacco flavored items are prohibited

878
01:15:07,140 --> 01:15:11,460
for state law, as they target youth and teens to use tobacco products.

879
01:15:14,410 --> 01:15:15,930
For history, we did send an

880
01:15:15,930 --> 01:15:21,210
intent to revoke tobacco retailer permit on June 3rd. We did receive an appeal on June 15th. That's

881
01:15:21,210 --> 01:15:26,370
the item before you tonight is both the appeal hearing and the business license. Revocation.

882
01:15:29,830 --> 01:15:30,470
Any questions?

883
01:15:30,690 --> 01:15:31,590
But I remember sort of the kind of thing.

884
01:15:32,110 --> 01:15:32,550
I just don't know.

885
01:15:32,570 --> 01:15:33,630
We're still finishing our mayor for toddler.

886
01:15:33,750 --> 01:15:34,410
I'm sorry about that.

887
01:15:34,590 --> 01:15:34,930
Pardon me.

888
01:15:34,930 --> 01:15:35,490
You've a pause.

889
01:15:35,690 --> 01:15:36,430
I thought you were done.

890
01:15:38,030 --> 01:15:43,670
I will recognize this is the item and the item behind that you do have a desk item.

891
01:15:43,730 --> 01:15:45,550
Same business owner on two properties.

892
01:15:46,510 --> 01:15:49,490
You did receive an email correspondence late in the day today.

893
01:15:50,010 --> 01:15:54,310
The email identifies a series of issues and objections related to the noticing,

894
01:15:55,270 --> 01:15:56,370
errors in the resolution.

895
01:15:57,550 --> 01:16:02,770
an insufficient timing to prepare for this hearing, requesting more timing, requests for more

896
01:16:02,770 --> 01:16:08,690
time to evaluate evidence, and the wanting to obtain counsel to defend and support

897
01:16:08,690 --> 01:16:09,830
the business owner.

898
01:16:10,750 --> 01:16:15,190
Staff's response, I verify with City Clerk, we did stand out all notices in accordance with

899
01:16:15,190 --> 01:16:20,290
requirements, some of the Campbell Municipal Code sent 10 and five days prior to this hearing.

900
01:16:20,290 --> 01:16:24,810
There is a very minor clerical error in the resolution in the header.

901
01:16:24,930 --> 01:16:30,330
It does list a different business, and if you go forward with staff recommendation to

902
01:16:30,330 --> 01:16:35,370
revoke the business license, I'd request you to read in to the resolution in minor

903
01:16:35,370 --> 01:16:38,810
minor amendments to the business name in the header of that resolution.

904
01:16:39,570 --> 01:16:43,970
I will say with respond to requests for more time for evidence.

905
01:16:46,150 --> 01:16:52,390
The visits to the property by Campbell Plays occurred on March 5, 2025.

906
01:16:53,550 --> 01:16:57,730
There were a business owner was aware of this visit and the confiscation of evidence.

907
01:16:58,150 --> 01:17:00,190
It's been well over one year since that happened.

908
01:17:00,390 --> 01:17:05,250
The business owner could have requested information evidence and anything from Campbell Plays

909
01:17:05,250 --> 01:17:06,850
with respect to that.

910
01:17:06,930 --> 01:17:08,850
Again, it's been over a year since that inspection.

911
01:17:08,850 --> 01:17:17,810
We did send a notice of intent to revoke the tobacco retailer permit over a month ago and put a received request for more information.

912
01:17:18,430 --> 01:17:25,990
And again, in your administrative record and in your agenda, you've had since last week, the full police documents available to you.

913
01:17:26,850 --> 01:17:34,470
With that, staff does believe based on the presence of over 4,900 items seized.

914
01:17:34,470 --> 01:17:39,890
It will illegal flavor tobacco items that the Council can make at least three of the

915
01:17:39,890 --> 01:17:44,530
five findings to revoke the business license based on public nuisance, contrary to

916
01:17:44,530 --> 01:17:49,230
public health safety welfare and a violation of the penal code.

917
01:17:49,550 --> 01:17:55,150
In addition, as flavor tobacco is illegal to sell under California State Law, you can

918
01:17:55,150 --> 01:17:56,470
revoke the tobacco retell it.

919
01:17:57,870 --> 01:18:03,830
With this staff recommendations before you, if you are willing to go forward with adoption

920
01:18:03,830 --> 01:18:09,090
of the resolution revoking the business license to back a retail permit. We'd recommend you do a very

921
01:18:09,090 --> 01:18:14,650
minor amendment to the resolution acknowledging the business name in the resolution. But that I'm

922
01:18:14,650 --> 01:18:17,130
available for questions. Thank you. Thank you.

923
01:18:18,310 --> 01:18:25,410
Yes. That's a question. Rob, on the email that we're sued from the honor item number 7.

924
01:18:26,250 --> 01:18:30,750
Replication has not authorized for a first violation under the city's own code. Is that?

925
01:18:31,470 --> 01:18:36,190
I think you're talking about, it's titled under item 8.5.

926
01:18:36,590 --> 01:18:37,970
You're entitled at the top.

927
01:18:38,030 --> 01:18:38,510
Go down.

928
01:18:38,810 --> 01:18:41,970
Let me email, but we're received from this person.

929
01:18:42,450 --> 01:18:43,930
Item number seven.

930
01:18:44,370 --> 01:18:46,050
Yes, I know what you're saying, but the,

931
01:18:46,190 --> 01:18:50,810
Oh, it's a second though, because they refer to both 8.4 and 8.5.

932
01:18:51,410 --> 01:18:52,750
They just let's say 8.5.

933
01:18:54,130 --> 01:18:56,850
But because it's relevant to the bottom.

934
01:18:57,370 --> 01:18:59,510
Based on the business owner and the reference business,

935
01:18:59,510 --> 01:19:02,850
It's relevant to this item and this is quite a four six and 90s.

936
01:19:03,250 --> 01:19:03,510
Okay.

937
01:19:04,550 --> 01:19:07,430
So number seven in this email.

938
01:19:07,810 --> 01:19:08,290
We talked.

939
01:19:08,290 --> 01:19:13,610
Talks about representation and then there's steps that could be taken.

940
01:19:16,160 --> 01:19:16,160
To

941
01:19:18,330 --> 01:19:25,150
acknowledge that not to not to resolve the permit, but that we could suspend it.

942
01:19:25,510 --> 01:19:26,210
Is that accurate?

943
01:19:26,470 --> 01:19:27,970
Is that what our code says?

944
01:19:29,410 --> 01:19:36,090
So, but that would be an option for a temporary suspension, would be one option.

945
01:19:37,150 --> 01:19:44,670
Also, there are monetary fines that can be opposed, which is an additional option.

946
01:19:45,690 --> 01:19:51,330
Or, I mean, the fines can be opposed on top of a replication or a suspension as well.

947
01:19:52,090 --> 01:19:54,050
Is that something that the staff would recommend?

948
01:19:54,950 --> 01:19:58,310
I would staff recognition is before you.

949
01:19:58,670 --> 01:20:05,210
I would note in the code under that section, it does reference another part of the code

950
01:20:05,210 --> 01:20:09,210
that speaks to the selling of tobacco to underage, you do have those options.

951
01:20:09,410 --> 01:20:15,790
But it speaks to selling of tobacco to those who are underage, broadly as there is violations

952
01:20:15,790 --> 01:20:19,590
of state law by selling flavor tobacco, I think it gives you broader options.

953
01:20:20,150 --> 01:20:24,770
but as Attorney Salaclan mentioned, you do have those options before you also.

954
01:20:24,990 --> 01:20:26,690
Thank you.

955
01:20:29,110 --> 01:20:35,710
Yeah, I just had a question on the desk item we have here would be page 3 items 7, so on the final page.

956
01:20:36,330 --> 01:20:41,150
But there's the claim here, I just want to know, you know, the veracity of this claim if it's true or not,

957
01:20:41,950 --> 01:20:46,510
but that apparently the permit was issued in 2020, October 6, 2020,

958
01:20:46,510 --> 01:20:53,990
And then the claim here is that this was before California's flavor to back Obamac took effect,

959
01:20:54,010 --> 01:20:58,370
which was, I guess, December 21st, 22 according to this.

960
01:20:59,310 --> 01:21:02,670
And so this person feels that there was nothing to disclose,

961
01:21:02,790 --> 01:21:05,610
and I understand it was a huge amount of product.

962
01:21:06,190 --> 01:21:09,730
And so I'm kind of trying to understand if that's accurate and all first of all,

963
01:21:09,810 --> 01:21:14,650
if there's any truth to that, I'll start with that.

964
01:21:14,650 --> 01:21:19,250
But he's sworn in, or, again, I'm already been, I think you're killed.

965
01:21:21,590 --> 01:21:25,910
So, sorry, could you repeat, you said that was the initial claim?

966
01:21:26,790 --> 01:21:28,910
In this desk, I don't know if we have here,

967
01:21:29,510 --> 01:21:34,870
there's a claim that the flavored tobacco ban took effect on this certain day,

968
01:21:35,010 --> 01:21:39,110
and then that his permit or something allowed him,

969
01:21:39,110 --> 01:21:43,070
him or her, I'm not sure, whoever, to have those items,

970
01:21:43,070 --> 01:21:47,270
like almost like it was grandfathered in kind of a thing. So I want to know if that's accurate.

971
01:21:47,470 --> 01:21:51,730
I think what the business owners were referring to in this is that there was some sort of

972
01:21:51,730 --> 01:22:02,350
ambiguity between whether a, is this as a wholesale license could still possess, to back,

973
01:22:02,550 --> 01:22:10,110
over to back of products, to be sold, like out of state, online. Interesting. That's been clarified

974
01:22:10,110 --> 01:22:17,170
now that they cannot. However, I would just like to point out in this case, when I spoke

975
01:22:17,170 --> 01:22:23,110
to the business owner on site, he made a comment to me that the only way that his business

976
01:22:23,110 --> 01:22:27,130
would stay in business in the city is if he was to retell these favorite-

977
01:22:30,000 --> 01:22:37,260
Any selling legitimate items? And that's why you've been doing it. Also, when we looked at the areas that he claimed to be wholesale,

978
01:22:39,340 --> 01:22:48,420
there was a bunch of boxes that had been opened with like the individual packs of like five or ten items that have items one or two missing, that's clearly not wholesale.

979
01:22:48,420 --> 01:22:56,880
And furthermore, for this location, in particular, the display floor, primarily had legitimate items displayed,

980
01:22:57,480 --> 01:23:03,760
however, they had a small corner of items that were technically flavored to backwitons, but they were labeled ambiguously,

981
01:23:04,160 --> 01:23:07,000
so that it's like, as it conceal the fact that they're flavored.

982
01:23:07,460 --> 01:23:13,380
However, people that use these products can come in, they see that, and they know that this name, you know, blueberry cloud or whatever,

983
01:23:13,380 --> 01:23:18,820
blue cloud is blueberry flavored and then that is kind of the signal for them to ask for the

984
01:23:18,820 --> 01:23:25,020
old items that were then being accessed in the back of the shop. And amongst the debris and

985
01:23:25,020 --> 01:23:29,400
everything, the garbage that he had back there, that was outside of the room that was hidden.

986
01:23:30,740 --> 01:23:35,140
And it was actually a pretty clever hidden room. It was very, very well set up to disguise

987
01:23:35,140 --> 01:23:40,780
this identity. But in that packaging, you can see there were flavored tobacco packages that had been

988
01:23:40,780 --> 01:23:45,160
been discarded, so they were actively selling them and using them on the premises.

989
01:23:46,980 --> 01:23:53,500
So I believe that it was the owner's intent to try and skirt this by using his wholesale

990
01:23:53,500 --> 01:23:56,380
license and get away with selling these items.

991
01:23:57,140 --> 01:23:59,160
I really appreciate you painting that picture for us.

992
01:23:59,320 --> 01:23:59,660
Thank you so much.

993
01:24:00,360 --> 01:24:02,100
I just have a brief follow up through your remark.

994
01:24:02,500 --> 01:24:10,380
My understanding is that the possession alone, even if you were, is illegal and to

995
01:24:10,380 --> 01:24:18,080
sell it outside into a legal state or legal area is itself illegal because if the point

996
01:24:18,080 --> 01:24:22,360
of sale is from a place where it's already illegal to possess it and sell it.

997
01:24:23,060 --> 01:24:28,040
So, did you clarify the possession of a person, like for a person to possess one of these

998
01:24:28,040 --> 01:24:29,460
favorite dark items, is not illegal?

999
01:24:30,220 --> 01:24:35,780
The possession to sell them at one of these sites is illegal and he was claiming that the

1000
01:24:35,780 --> 01:24:39,820
wholesale location was separate being in the back of the business versus the front of

1001
01:24:39,820 --> 01:24:47,880
is being a storefront and at the time of this violation, it was technically illegal but there

1002
01:24:47,880 --> 01:24:52,500
was some ambiguity that was trying to be clarified to have to do with the favor to back

1003
01:24:52,500 --> 01:24:59,460
list being published. And essentially it was not being enforced by the state because the state

1004
01:24:59,460 --> 01:25:04,760
had not published the favor to back a list. All of these items that we're using are clearly

1005
01:25:04,760 --> 01:25:10,780
flavored, whether a determination had been made or not on if they're flavored by the state for that list.

1006
01:25:13,600 --> 01:25:14,180
Thank you.

1007
01:25:26,850 --> 01:25:29,070
Yeah, I have a procedure, I need to follow on this matter.

1008
01:25:30,610 --> 01:25:37,230
So I will invite the appellant to speak first if you wish or the owner or the representative.

1009
01:25:38,270 --> 01:25:41,250
And as such as the appellant, you can actually speak for five minutes.

1010
01:25:41,430 --> 01:25:44,890
So if you'd like to speak, if you are the appellant or the owner, you may do so.

1011
01:25:52,540 --> 01:25:54,800
Therefore, we need to administer the oath.

1012
01:25:58,200 --> 01:25:59,820
Do you respond to the truth?

1013
01:26:00,860 --> 01:26:01,780
I'm going to start over.

1014
01:26:02,140 --> 01:26:04,060
Do you affirm to tell the truth the whole truth?

1015
01:26:04,240 --> 01:26:05,080
And nothing but the truth?

1016
01:26:05,240 --> 01:26:06,060
I don't.

1017
01:26:07,790 --> 01:26:08,610
So I have.

1018
01:26:08,790 --> 01:26:09,490
Good evening, everyone.

1019
01:26:12,620 --> 01:26:13,520
My name is Theresewina.

1020
01:26:13,840 --> 01:26:16,080
I hold the permit for both shops.

1021
01:26:17,400 --> 01:26:18,900
I think it's 8.48.

1022
01:26:19,440 --> 01:26:19,780
5.

1023
01:26:19,960 --> 01:26:20,660
I don't think it's that.

1024
01:26:21,360 --> 01:26:24,500
So I emailed my full reinstatement to the clerk today.

1025
01:26:24,600 --> 01:26:27,660
And asked that it be entered into the record.

1026
01:26:28,360 --> 01:26:34,320
I ask you to continue this hearing. I got noticed that we can go over the holiday weekend

1027
01:26:34,320 --> 01:26:40,220
to answer a case that city worked for 15 months. That's not a fair chance to get a lawyer.

1028
01:26:41,660 --> 01:26:49,420
If you proceed, please follow your own code section 5.580.120, make a first violation of

1029
01:26:49,420 --> 01:26:55,740
suspension at least 30 days. Revocation only comes on a third violation. This is a first

1030
01:26:55,740 --> 01:27:05,160
violation and 5.58, 0.1300, the only first offense revocation route does not apply because

1031
01:27:05,160 --> 01:27:12,420
my permit issue in 2020 before the flavor tobacco ban exists. So the lawful penalty here

1032
01:27:12,420 --> 01:27:22,820
is a suspension notification. I reserve all the right and the code of civil producer 109415.

1033
01:27:22,820 --> 01:27:30,280
thank you. Also, you know, I just want to say something, most of the flavor to back over

1034
01:27:30,280 --> 01:27:35,560
seas, it's 50 approved. Literally, there's a lot of flavor to back over seas, it's if they

1035
01:27:35,560 --> 01:27:40,980
are approved. And I've never sold any THC, any drugs, anything like that, it's a flavor to

1036
01:27:40,980 --> 01:27:47,580
back over. And I received a big violation from the state and I'm paying it. So I don't think

1037
01:27:47,580 --> 01:27:51,620
it's fair to get my license suspended,

1038
01:27:51,640 --> 01:27:54,880
sorry, revoked, because of a one-time violation

1039
01:27:54,880 --> 01:27:58,180
within six years, I've been a good shop,

1040
01:27:59,060 --> 01:28:02,480
check, we never sold to anybody under 21 or over,

1041
01:28:05,260 --> 01:28:09,000
who check IDs, and this to that clever tobacco product,

1042
01:28:09,120 --> 01:28:10,420
everybody will confuse the bottom,

1043
01:28:10,980 --> 01:28:13,160
and for the wholesale business they were talking about.

1044
01:28:13,420 --> 01:28:17,120
Yes, I didn't have a wholesale business back before

1045
01:28:17,120 --> 01:28:21,760
the flavor to backbone and we do, I do have invoices, I have everything that actually

1046
01:28:21,760 --> 01:28:28,360
it's coming from that location. I have invoices for other people not to the public for people

1047
01:28:28,360 --> 01:28:35,000
they actually hold license, legit license that I have invoices I sold it to them. So if the

1048
01:28:35,000 --> 01:28:39,940
officer saying this product was used for the public, that's not true.

1049
01:28:42,160 --> 01:28:43,200
So all I'm asking is

1050
01:28:43,200 --> 01:28:50,700
I need an extension more time for that because I think this is unfair to just

1051
01:28:50,700 --> 01:28:54,640
reflect on my life things and get it on my employees, get it on my store,

1052
01:28:54,940 --> 01:28:55,900
I don't think this is fair.

1053
01:28:57,020 --> 01:28:59,000
That's all I've got to say thank you guys.

1054
01:28:59,640 --> 01:29:01,240
Thank you.

1055
01:29:01,440 --> 01:29:04,800
Before there's any further comment from staff for the attorney,

1056
01:29:05,100 --> 01:29:08,020
I'm going to open the public hearing and take additional testimony.

1057
01:29:08,800 --> 01:29:12,300
So is there anyone else in the audience that wishes to speak on this matter?

1058
01:29:12,300 --> 01:29:13,660
Yes, please come forward.

1059
01:29:18,520 --> 01:29:19,820
Good evening, Council members.

1060
01:29:20,120 --> 01:29:21,640
Celebrate members of the public.

1061
01:29:21,820 --> 01:29:23,420
You'll need to be sworn and also.

1062
01:29:27,180 --> 01:29:29,360
Do you affirm to tell the truth, the whole truth,

1063
01:29:29,440 --> 01:29:30,820
and nothing but the truth?

1064
01:29:31,120 --> 01:29:31,520
I swear.

1065
01:29:33,860 --> 01:29:34,600
Good evening.

1066
01:29:34,740 --> 01:29:35,940
My name is Marta Champ.

1067
01:29:36,480 --> 01:29:37,380
I am a family.

1068
01:29:38,320 --> 01:29:39,860
My sister is married to Ted.

1069
01:29:40,000 --> 01:29:41,040
He is my brother-in-law.

1070
01:29:42,880 --> 01:29:45,180
I'm here speaking on behalf of myself,

1071
01:29:45,860 --> 01:29:48,360
not in a said turning, not as his attorney.

1072
01:29:49,260 --> 01:29:51,000
I'm asking you to do two things.

1073
01:29:51,000 --> 01:29:57,060
continue this hearing if you don't follow your own ordinance and it's up.

1074
01:30:00,000 --> 01:30:25,640
Was just talking about, because a few of those points don't really hold up. First, notice. Staff pointed to the notice of intent from a month ago. That is not the notice that matters. Your own code section 5.581.150 of Campbell code municipal code requires that the notice of tonight's hearing be mailed at least ten days before the hearing.

1075
01:30:25,640 --> 01:30:32,100
It arrived June 30th for July 7th hearing, while it was also during a Fourth of July

1076
01:30:32,100 --> 01:30:32,880
Weekend.

1077
01:30:33,300 --> 01:30:38,620
That still has not pulled you the date that the hearing was actually mailed, I'd ask them

1078
01:30:38,620 --> 01:30:40,720
to state it on the record right now.

1079
01:30:42,770 --> 01:30:43,950
You'll need to complete your testimony.

1080
01:30:45,230 --> 01:30:45,910
Before Second.

1081
01:30:46,550 --> 01:30:46,730
Second.

1082
01:30:47,230 --> 01:30:47,550
Second.

1083
01:30:48,450 --> 01:30:53,490
Staff set that full police record has been available to the Council since last week that actually

1084
01:30:53,490 --> 01:30:54,470
proves their point.

1085
01:30:54,470 --> 01:30:59,910
if the council itself only received the complete record last week when the owner who got it

1086
01:30:59,910 --> 01:31:05,070
days over a holiday did not have a fair chance to review it and respond. That is the fairness

1087
01:31:05,070 --> 01:31:11,130
problems. Not the answer to it. The city worked to skates for over a year. The owner got a few

1088
01:31:11,130 --> 01:31:17,810
business days notice. Third, staff said the owner could have more information. Respectfully,

1089
01:31:17,810 --> 01:31:22,970
This is a denovo hearing. What that means is that the burden is on the city.

1090
01:31:23,630 --> 01:31:27,990
Not on him who is the petitioner.

1091
01:31:29,050 --> 01:31:35,190
Here, the owner hears the city has to prove their rounds.

1092
01:31:36,590 --> 01:31:38,990
It can't shift the burden on to him.

1093
01:31:39,610 --> 01:31:41,770
Fourth and most important, please look out the provision.

1094
01:31:42,390 --> 01:31:45,230
Staff put on your screen for the tobacco permit.

1095
01:31:45,230 --> 01:31:55,590
The city is relying on Section 5.5, 8.1, 0, read its own penalty, a civil fine of $251,000 per

1096
01:31:55,590 --> 01:32:00,730
violation or new sons of eight minutes does not authorize revoking a permit, revocation

1097
01:32:00,730 --> 01:32:09,150
lists in Section 5.5, 8.1, 2, 0, 0, 0, 0, and 5.5, 8.1, 3, 0, and those applied to sales

1098
01:32:09,150 --> 01:32:13,150
to minors violation, or a permit that was wrongfully issued.

1099
01:32:13,150 --> 01:32:18,710
This is neither. This permit was issued in 2020 more than two years before the flavored

1100
01:32:18,710 --> 01:32:23,610
ballot to back of ban existed. So it was valid. The issued and the application was

1101
01:32:23,610 --> 01:32:28,990
not false. So the city's on record does not support the revocation at most. It supports

1102
01:32:28,990 --> 01:32:35,470
a fine. I'm asking you to continue this hearing session to be heard fairly. Thank you and I'm

1103
01:32:35,470 --> 01:32:41,890
asking the city out to look. Thank you. Does anyone else wish to speak on this matter?

1104
01:32:44,160 --> 01:32:51,260
So I will invite the appellant to come back if you like for some additional comments.

1105
01:33:06,350 --> 01:33:11,790
Yeah, I have more comments. So again, my business been established for over six years now.

1106
01:33:12,570 --> 01:33:14,690
We'll move on with a code.

1107
01:33:15,110 --> 01:33:20,250
No other 21 of age is allowed to enter the store. We have a big sign.

1108
01:33:21,950 --> 01:33:25,330
I have my employees. Everything we do is legit.

1109
01:33:26,070 --> 01:33:30,390
We never had any violation, we never had any problems with that story.

1110
01:33:30,550 --> 01:33:32,130
It's only one time.

1111
01:33:32,410 --> 01:33:32,950
This happened.

1112
01:33:33,710 --> 01:33:35,610
Everybody was confused about the flavor ban.

1113
01:33:37,170 --> 01:33:38,930
It's just a one time violation.

1114
01:33:41,270 --> 01:33:44,610
And most of the flavor that they took is FDA approved.

1115
01:33:44,870 --> 01:33:47,870
They're saying it's illegal because it's not if they approved.

1116
01:33:48,330 --> 01:33:48,590
No.

1117
01:33:48,630 --> 01:33:50,590
Most of it was FDA approved.

1118
01:33:50,590 --> 01:33:55,570
I have, I can show you proofs, I can show you everything that it's FDA approved.

1119
01:33:56,050 --> 01:34:00,430
If you go online, look at dual, for example, it's the FDA approved, then it's the FDA approved.

1120
01:34:01,090 --> 01:34:04,130
Some malarasigar, flavored cigar, are if the FDA approved.

1121
01:34:05,290 --> 01:34:08,770
So, and again, I've never sold any TSC product,

1122
01:34:09,070 --> 01:34:14,250
they'll take product, shrumes, anything like this, never, and will never do.

1123
01:34:14,630 --> 01:34:17,810
And also, all those things that they use for the heavy drugs,

1124
01:34:18,670 --> 01:34:20,710
It's not allowed to be in my store.

1125
01:34:21,050 --> 01:34:22,990
We literally people come in and ask for it, we said,

1126
01:34:23,090 --> 01:34:25,230
we'll have it starting, please don't come back and get from it.

1127
01:34:25,690 --> 01:34:29,250
So, literally we follow the law, we're good, good store,

1128
01:34:29,630 --> 01:34:33,230
and I have a lot of customers that come in by cigars.

1129
01:34:34,330 --> 01:34:35,270
Cigars, cigars, cigars.

1130
01:34:35,290 --> 01:34:40,090
I have a lot of, from 40 years old to 70 years old,

1131
01:34:40,190 --> 01:34:41,610
they come in and they're really regular.

1132
01:34:42,090 --> 01:34:44,010
They've been coming to my shop for a long time.

1133
01:34:44,150 --> 01:34:44,950
They buy cigars.

1134
01:34:44,950 --> 01:34:54,970
I can't just, not sell cigars because I don't have a tobacco license, and this is my regularers, cigarette cigars, tobacco product, it doesn't have to be flavor tobacco.

1135
01:34:55,790 --> 01:34:58,610
Okay, no flavor tobacco, but I have other tobacco items that I can sell.

1136
01:34:58,950 --> 01:35:06,470
I have Shisha, Shisha is 100% legal and California, even flavored Shisha is legal and California to sell because it's traditional.

1137
01:35:07,190 --> 01:35:10,090
I have too many people they come in and buy Shisha tobacco.

1138
01:35:10,090 --> 01:35:13,250
I just didn't know I don't have it. Please go to the next store.

1139
01:35:13,610 --> 01:35:15,490
I can't just lose my business like that.

1140
01:35:15,770 --> 01:35:19,270
I have to have a tobacco permit to sell these kind of items.

1141
01:35:19,530 --> 01:35:21,030
It doesn't have to be just flavor to that.

1142
01:35:21,630 --> 01:35:23,610
Okay, if I sold THC, if I sold stuff like this,

1143
01:35:23,810 --> 01:35:25,810
okay, I'll tell you as I'm sorry, I was wrong,

1144
01:35:25,970 --> 01:35:27,790
but I've never done anything like that.

1145
01:35:28,010 --> 01:35:29,230
All of this is a flavor to that.

1146
01:35:29,990 --> 01:35:31,230
Okay, we're not selling it anymore.

1147
01:35:31,750 --> 01:35:32,030
It's done.

1148
01:35:33,650 --> 01:35:35,390
Do you come and get me a year and a half later,

1149
01:35:35,530 --> 01:35:36,490
or do you work my license?

1150
01:35:39,600 --> 01:35:40,540
Yeah, that's it.

1151
01:35:40,540 --> 01:35:45,460
So please just, I don't think revoking my license is an option.

1152
01:35:46,040 --> 01:35:49,280
Yeah, maybe you can, I already have a big violation. I'm paying it.

1153
01:35:49,540 --> 01:35:52,600
I have a big violation from this state. I'm going to be paying it.

1154
01:35:53,440 --> 01:35:58,760
So revoking my license and paying my violation and have another five years least with my landlord,

1155
01:35:59,000 --> 01:36:03,780
pay him another my five five because I have to get on my store just because of one violation.

1156
01:36:04,500 --> 01:36:06,860
Everybody was confused about it.

1157
01:36:06,860 --> 01:36:08,420
Well, it's pretty much it. Thank you guys.

1158
01:36:08,420 --> 01:36:24,420
Thank you, so I will close the public here on this matter, bring it back, I would like our city attorney to comment on the legal matters brought up and where we stand and what your opinion is on this matter.

1159
01:36:27,450 --> 01:36:30,010
It's a fairly broad question.

1160
01:36:32,990 --> 01:36:40,550
The city council is charged with determining whether there is sufficient evidence to

1161
01:36:40,550 --> 01:36:46,970
revoke the business license as well as the retail tobacco sale license.

1162
01:36:48,090 --> 01:36:55,150
If you find that there was a violation of the law in the operation of this business,

1163
01:36:55,150 --> 01:37:02,890
you can revoke the license. There was a comment that we had to wait until I believe the third violation,

1164
01:37:03,210 --> 01:37:09,770
there is a provision in the statute that makes revocation mandatory after that number of violations.

1165
01:37:10,610 --> 01:37:18,090
It does not prescribe imposing a revocation for one violation in order to violate.

1166
01:37:21,800 --> 01:37:27,100
So what you're saying is that we're not prevented from revoking the

1167
01:37:30,000 --> 01:37:34,060
After the third time, it's mandatory. Correct. Okay.

1168
01:37:37,160 --> 01:37:42,340
Okay. So thank you. All asked for any further comments right now by the council.

1169
01:37:45,460 --> 01:38:12,320
Yeah, so, again, about these specific ones that are coming up right now, you know, I ask where's the victim, you know, that's one thing like, as far as I know, you know, we got to take these by case by case basis, but is there any information in anyone to answer if there was an actual victim or like, you know, somehow like a mom was upset that her kid, you know, there's been no violations with when it comes to the other league.

1170
01:38:12,320 --> 01:38:23,340
like, you know, he was talking about, he always makes sure to ID, et cetera, et cetera, and that's all the state standards other than, you know, this flavored tobacco.

1171
01:38:24,380 --> 01:38:37,180
So again, I'm very conflicted. I see someone who's learned a hard lesson, you know, a business member of our community, you know, and if he flies right from now on, if he learned a really hard lesson and he flies right from now on,

1172
01:38:37,180 --> 01:38:39,400
And we continue our random inspections.

1173
01:38:40,160 --> 01:38:46,600
I think that, you know, our smokestops, all of them, well, let's hope that they'll get into compliance.

1174
01:38:46,860 --> 01:38:53,600
So that's kind of where I feel about this, and I'll just curious if anyone can see what I'm saying there.

1175
01:38:53,960 --> 01:38:56,240
No. Like I believe in forgiveness, basically, you know.

1176
01:38:56,520 --> 01:39:02,300
When it's not like straight up illegal, you know, like he has not, I mean, well, I guess we're

1177
01:39:02,300 --> 01:39:06,280
back with a little bit. But the information that's in front of us right now,

1178
01:39:06,280 --> 01:39:10,580
I feel like we are lacking some information because of what I'm reading here and

1179
01:39:10,580 --> 01:39:15,660
you know that was a good picture like I understand you know both perspectives I truly do.

1180
01:39:16,080 --> 01:39:22,140
So I'm again at a loss but I don't like the idea of eliminating businesses in Campbell

1181
01:39:22,920 --> 01:39:29,560
which is the lifewood and also it's their family's lifewood you know. So I heard a couple

1182
01:39:29,560 --> 01:39:35,820
pretty compelling testimonies right now from owners and people care about the owners in their shop.

1183
01:39:35,820 --> 01:39:46,600
So I just like to see if there's any, you know, any agreements with my sentiments here, that may be forgiveness, you know, if it wasn't like to me, you know,

1184
01:39:46,940 --> 01:39:55,060
it was, we're taking these by a case by case basis, and I right. So in this case, I, I'm not leaning towards revocation.

1185
01:39:56,360 --> 01:39:58,180
Well, that's much more about it.

1186
01:39:59,640 --> 01:40:05,060
Could a member of staff respond on the adequacy of the notice?

1187
01:40:06,000 --> 01:40:08,060
I can speak to that.

1188
01:40:08,860 --> 01:40:09,560
Can you speak to that?

1189
01:40:10,500 --> 01:40:11,720
Oh, you want to do that?

1190
01:40:12,120 --> 01:40:13,360
You know the words.

1191
01:40:15,280 --> 01:40:16,240
Thank you.

1192
01:40:16,240 --> 01:40:19,120
You affirm the testimony that you're about to give.

1193
01:40:19,380 --> 01:40:22,060
I'll leave the truth the whole trip is nothing but the truth.

1194
01:40:22,300 --> 01:40:23,140
I do.

1195
01:40:24,660 --> 01:40:40,140
So, notices were sent to the property owners as well as the store of via certified mail on June 26th, and then again on July 7th.

1196
01:40:40,140 --> 01:40:41,980
So I,

1197
01:40:45,470 --> 01:40:49,350
me as sort of five now, and did we request a return receipt?

1198
01:40:50,590 --> 01:40:53,170
We did request a return receipt.

1199
01:40:53,930 --> 01:41:01,810
So I pulled the tracking information for the notices that were sent on June 26.

1200
01:41:02,930 --> 01:41:04,310
Those were all received.

1201
01:41:05,730 --> 01:41:14,390
It shows that it does show that they were delivered both on June 29th and June 30th.

1202
01:41:15,750 --> 01:41:19,610
They were picked up from the post office on June 27th.

1203
01:41:19,650 --> 01:41:22,310
They were postmarked June 26th.

1204
01:41:23,710 --> 01:41:28,610
Is that was in the legal requirement of our code?

1205
01:41:29,030 --> 01:41:29,790
Yes.

1206
01:41:29,790 --> 01:41:33,670
we have a 10 day or 15 day or something?

1207
01:41:33,910 --> 01:41:36,110
Yes, with regard to the business license,

1208
01:41:36,710 --> 01:41:44,330
the notice has to be mailed only five days prior to the hearing date

1209
01:41:44,330 --> 01:41:49,910
with regard to the tobacco retail permit revocation hearing.

1210
01:41:49,950 --> 01:41:54,150
It needs to be within 10 days prior to the hearing

1211
01:41:54,150 --> 01:41:57,430
and both of those meet those times range.

1212
01:41:57,430 --> 01:42:15,360
And then the owner referenced a couple of state violations, or he's paying on the state violation, is that he received some kind of penalties in the state.

1213
01:42:15,360 --> 01:42:22,960
So the CDKFA, the California Department of Tax and the Administration, they do tobacco enforcement,

1214
01:42:23,180 --> 01:42:28,440
federal tobacco enforcement. And this case was referred to them instead of to the district attorney for

1215
01:42:28,440 --> 01:42:32,940
prosecution. So instead of requesting criminal charges against the owner in this case,

1216
01:42:33,500 --> 01:42:36,520
we provided them with all of the flavor tobacco products, which they destroyed,

1217
01:42:37,400 --> 01:42:40,740
free of cost to the city. And they do go after the business owner,

1218
01:42:40,740 --> 01:42:43,740
I don't know the extent of that.

1219
01:42:44,340 --> 01:42:46,440
So that was part of what he was referring to to them.

1220
01:42:46,520 --> 01:42:47,340
I would assume so.

1221
01:42:47,340 --> 01:42:48,060
Thank you.

1222
01:42:48,620 --> 01:42:49,460
Well, you're still there.

1223
01:42:49,500 --> 01:42:50,300
I'm just going to ask you to.

1224
01:42:50,300 --> 01:42:54,820
Could you just kind of repeat once again the violations that you actually found yourself?

1225
01:42:55,940 --> 01:42:56,260
It was.

1226
01:42:56,900 --> 01:42:59,080
The violation was a first selling.

1227
01:42:59,360 --> 01:43:01,100
Flavor tobacco products.

1228
01:43:01,800 --> 01:43:04,020
Retail and tobacco facility.

1229
01:43:06,520 --> 01:43:10,700
I don't recall the long coat off the top of my head, but I can provide it to you if you need it.

1230
01:43:10,700 --> 01:43:18,520
And the date that you had that, did you saw the violation?

1231
01:43:18,960 --> 01:43:21,760
Will you assume March of 2025 as a current?

1232
01:43:22,780 --> 01:43:24,080
Okay, thank you.

1233
01:43:28,170 --> 01:43:38,190
Can I ask for staff to respond on a suspension versus a revocation?

1234
01:43:40,420 --> 01:43:41,900
Is that an option?

1235
01:43:42,540 --> 01:43:44,700
Yes indeed suspension.

1236
01:43:44,700 --> 01:43:53,940
is an option. In fact, it's mandatory, a mandatory for the first violation is a 30 day

1237
01:43:54,380 --> 01:43:55,040
suspension.

1238
01:43:59,970 --> 01:44:03,950
And what does that exactly mean? That means they cannot operate the business

1239
01:44:06,710 --> 01:44:14,010
No other, I mean, they can't sell, they can't sell to back old products.

1240
01:44:22,420 --> 01:44:31,120
I got that answer, that question answered the second question on the response on the FDA approved.

1241
01:44:31,920 --> 01:44:38,220
Can I get the clarification on the meaningfulness of it being FDA approved?

1242
01:44:40,810 --> 01:44:57,070
So, I'm not expert in FDA approval of these kind of products, but you know, the FDA is a federal body who approves the child products and keeps it for federal approval, but it has nothing to do with the state down it.

1243
01:45:02,240 --> 01:45:02,800
May

1244
01:45:05,550 --> 01:45:12,930
be I can clarify a little bit of what the gentleman was speaking about earlier, is that it is legal to sell certain.

1245
01:45:14,470 --> 01:45:23,570
Oh, well, well, for let the public record notice that what the gentleman, the business owner was talking about was that we do allow the state does allow for certain

1246
01:45:23,570 --> 01:45:29,410
flavored tobacco products that somehow be so legally even there's a lot of

1247
01:45:29,410 --> 01:45:33,570
against it you can go to your local 7-11 and get yourself some zins which is

1248
01:45:33,570 --> 01:45:43,290
tobacco pouches with flavor in it. 7-11 you can't buy you can trust me like if you want to

1249
01:45:43,290 --> 01:45:49,330
look into it you you can totally buy those products trust me and jewels which are

1250
01:45:49,330 --> 01:45:53,250
technically. Anyways, it's a whole thing and it is confusing. He's not

1251
01:45:53,250 --> 01:45:59,610
wrong about that because certain places are able to sell certain things that

1252
01:45:59,610 --> 01:46:03,190
are technically flavored tobacco products, but for whatever reason they're okay.

1253
01:46:03,610 --> 01:46:07,870
And so there's massive confusion. I agree 100% with that. Just shop owner

1254
01:46:07,870 --> 01:46:08,570
about that.

1255
01:46:09,350 --> 01:46:13,350
Well, that's the city attorney for opinion. I thought flavored tobacco and

1256
01:46:13,350 --> 01:46:18,050
California was illegal to sell in the state of California to any one of

1257
01:46:18,050 --> 01:46:19,130
in the age.

1258
01:46:21,300 --> 01:46:26,380
That is my understanding. I can't say I specifically research the issue now.

1259
01:46:27,160 --> 01:46:32,020
So as in, even though it is literally tobacco with flavoring that you put in a pouch

1260
01:46:32,020 --> 01:46:37,220
in your mouth, that is not considered I, that's, I'm just saying that that is sold at 7

1261
01:46:37,220 --> 01:46:42,960
11's and gas stations all over the place. And so that doesn't qualify, I'm just not aware of.

1262
01:46:44,840 --> 01:46:49,260
So there are unflavered tobacco products that are legal for sale.

1263
01:46:49,400 --> 01:46:56,320
You can buy unflavered Zinn at any gas station, 711, those are the specific products that

1264
01:46:56,320 --> 01:47:01,060
do not fall on any of the flavored tobacco, because they don't have a character's favorite

1265
01:47:01,060 --> 01:47:04,940
characteristic profile, which is defined by the state, and that's where the flavored tobacco

1266
01:47:04,940 --> 01:47:10,500
retell this came from, is to establish which items are flavored and which ones are not.

1267
01:47:11,280 --> 01:47:18,640
However, you cannot, by legally, by any flavor tobacco from 7-11, I think that, I wonder,

1268
01:47:18,740 --> 01:47:23,240
did make a reference to Shisha, which is a flavor tobacco product that is one exemption

1269
01:47:23,240 --> 01:47:24,300
to the law.

1270
01:47:24,400 --> 01:47:31,500
It is a product that's made specifically, be smoked out of a traditional hookah smoking pipe

1271
01:47:31,500 --> 01:47:35,680
where you have a big bowl and a thing on top and it's done at a table top, it's not something

1272
01:47:35,680 --> 01:47:40,120
that is readily available for kids to run around and be using that.

1273
01:47:40,120 --> 01:47:42,790
Thank you.

1274
01:47:45,000 --> 01:47:45,320
I'm sorry.

1275
01:47:45,480 --> 01:47:47,060
I cannot call anyone from the public.

1276
01:47:47,380 --> 01:47:49,920
It goes to the public hearing in the matters for the City Council.

1277
01:47:52,260 --> 01:47:54,120
Other comments by members of the Council?

1278
01:47:58,800 --> 01:47:59,580
Zero motion.

1279
01:48:07,440 --> 01:48:09,940
I'll propose a motion just to spend the license.

1280
01:48:12,980 --> 01:48:15,660
Is it what carried it time for 30 days?

1281
01:48:16,080 --> 01:48:16,800
Is there a shorter?

1282
01:48:17,640 --> 01:48:17,980
That thought.

1283
01:48:18,180 --> 01:48:20,580
The 30 days is the mandatory amount of time.

1284
01:48:20,580 --> 01:48:21,580
30 days.

1285
01:48:25,570 --> 01:48:25,990
I'll second.

1286
01:48:28,490 --> 01:48:29,830
We have a motion in a second.

1287
01:48:30,470 --> 01:48:32,170
I will not support this motion.

1288
01:48:32,170 --> 01:48:47,170
I'm sorry, but flavor tobacco is illegal in the state of California and I don't see a way around that and so I will not support only as a suspension, but we'll take a vote of course, so we'll call please.

1289
01:48:48,590 --> 01:48:49,470
Council member Lopez.

1290
01:48:50,430 --> 01:48:51,350
Council member Heinz.

1291
01:48:51,810 --> 01:49:00,650
I'm sorry, but this would be like kind of the minimal penalty that we're invoking here.

1292
01:49:00,650 --> 01:49:13,210
I thought yesterday the motion on the floor is to suspend the license for 30 days, 30 days, okay, and that just that did seem like kind of this, like minimum, okay, I'm just going to say, I think that's

1293
01:49:14,950 --> 01:49:15,990
I know, yes, vote.

1294
01:49:16,210 --> 01:49:17,670
I'm fear of I meet no.

1295
01:49:17,890 --> 01:49:18,690
And your photo?

1296
01:49:19,530 --> 01:49:20,010
No.

1297
01:49:21,590 --> 01:49:22,730
The motion fails.

1298
01:49:30,150 --> 01:49:36,350
is there another motion? I will offer a motion to revoke the license.

1299
01:49:38,190 --> 01:49:46,730
I'll second. We have a motion in a second to revoke the license. If there are no other comments, I'll take a vote on this matter.

1300
01:49:51,920 --> 01:49:54,000
Did you want to comment? No, sorry.

1301
01:49:54,000 --> 01:49:56,320
Okay, I'll ask the clerk to call roll.

1302
01:49:56,600 --> 01:49:57,020
That part made.

1303
01:49:57,260 --> 01:50:00,620
I'll ask the clerk to call call on this mayor.

1304
01:50:00,840 --> 01:50:01,740
Council member Lopez.

1305
01:50:02,520 --> 01:50:03,380
Council member Heinz.

1306
01:50:04,440 --> 01:50:05,260
Council member Skizola.

1307
01:50:06,080 --> 01:50:06,960
Vice Mayor Bibi.

1308
01:50:07,740 --> 01:50:08,420
Mayor Fattado.

1309
01:50:13,680 --> 01:50:15,940
So, for I am 8.4 of our license three.

1310
01:50:16,020 --> 01:50:16,240
Go home.

1311
01:50:16,240 --> 01:50:17,980
Do we not move to item 8.5?

1312
01:50:18,080 --> 01:50:20,900
This is the public hearing to consider the adoption of a resolution

1313
01:50:20,900 --> 01:50:23,640
revolving into business license and tobacco retail

1314
01:50:23,640 --> 01:50:28,920
I'll permit for hate, smoke, shot, look at it at 20-50 South Baskin Avenue in Campbell.

1315
01:50:30,640 --> 01:50:36,020
I'm sorry, I had my microphone off, but I think you've heard me. So once again, I'll ask Mr.

1316
01:50:36,060 --> 01:50:40,060
Eastwood to provide the comment from the staff.

1317
01:50:43,620 --> 01:50:49,240
I have a panel of council members, back with you again, this would be very similar to your prior item.

1318
01:50:49,240 --> 01:50:54,240
Facts are similar, but distinctive of this case, and before you today is,

1319
01:50:55,680 --> 01:50:57,080
I'm sharing it with you, bring up the item.

1320
01:51:02,160 --> 01:51:06,000
Is proposed business license for a vacation of Hayes Smokshop?

1321
01:51:06,160 --> 01:51:07,260
We was the same property owner.

1322
01:51:07,340 --> 01:51:09,740
This business is located at 2050 South Baskham.

1323
01:51:10,560 --> 01:51:15,500
The evidence before you today is a March 5th, 2025 inspection by Campbell Police.

1324
01:51:16,100 --> 01:51:18,940
Large amount of flavor tobacco products were found for sale.

1325
01:51:18,940 --> 01:51:22,360
In this instance, also a hidden room was found on site.

1326
01:51:22,880 --> 01:51:26,680
There were receipts of labor tobacco sales also found on site.

1327
01:51:27,600 --> 01:51:31,120
A camel police officer sees over 630 labor tobacco items.

1328
01:51:33,260 --> 01:51:38,220
Similar with the prior case, a notice of intent to revoke that tobacco retailer permit was sent on June 3rd.

1329
01:51:38,460 --> 01:51:44,940
We did receive the appeal, which is proper for you today, that the Novo hearing on tobacco retailer permit on June 15th.

1330
01:51:44,940 --> 01:51:50,320
the bottom for you today is to consider both the business license and the tobacco retailer permit.

1331
01:51:51,540 --> 01:51:57,220
Similar to the last case, the same business owners made the same email, objecting, and

1332
01:51:57,220 --> 01:52:01,880
providing issues with perspective noticing the errors in the resolution, evidence for the hearing.

1333
01:52:02,520 --> 01:52:07,480
Saff has the same responses with the prior one, verifying that the notices were sent out in

1334
01:52:07,480 --> 01:52:12,700
the proper time, 10 and 5 days prior to the hearing. Again, if you do move forward with the resolution,

1335
01:52:12,700 --> 01:52:19,160
There is a very minor clerical error that we would ask you, a men in the resolution, and, again,

1336
01:52:19,360 --> 01:52:25,680
as mentioned, the police documentation could be available if requested, has the police investigation

1337
01:52:25,680 --> 01:52:27,100
started on March 5th at last.

1338
01:52:30,000 --> 01:52:42,300
The Council revoked the business license as at least three of the five findings can be made, revoked in the business license, and that also you uphold a revocation of the tobacco retail requirement in the opinion.

1339
01:52:43,020 --> 01:52:45,660
I'm a bill for questions as are very soft.

1340
01:52:45,680 --> 01:52:46,300
Thank you.

1341
01:52:50,280 --> 01:52:53,300
Any questions from members of the Council at this point?

1342
01:52:58,130 --> 01:52:58,850
Okay,

1343
01:53:03,510 --> 01:53:14,950
so now I will invite the appellant on this matter 8.5 to address the council and if you'd like to do so you have five minutes to speak.

1344
01:53:30,480 --> 01:53:39,860
Yeah, I mean, I don't think again, it's fair to revoke the license. Again, he said

1345
01:53:39,860 --> 01:53:47,000
the only fancy 130 items. Again, it's most of it, or whatever, it's if they approved.

1346
01:53:49,700 --> 01:53:51,720
Also, I asked you guys

1347
01:53:51,720 --> 01:54:00,720
to continue this hearing, because I need more time to consider a lawyer for this matter.

1348
01:54:03,260 --> 01:54:12,700
But I just, I mean, again, Section 5.58.120 makes, doesn't make the first violation

1349
01:54:13,380 --> 01:54:18,980
a revocation. It should be suspension. And again, when you said as suspension for 30 days,

1350
01:54:18,980 --> 01:54:23,320
I think that's very fair. You can see it's fitting me for 30 days, but none of my last

1351
01:54:23,320 --> 01:54:28,600
days for one year, losing two stores just like that. It really, really hurts.

1352
01:54:30,560 --> 01:54:35,880
So, I got a violation. I already learned my lesson not to self-level tobacco again.

1353
01:54:36,100 --> 01:54:41,520
And again, who not selling drugs, not saying THC, not selling any of the other stuff they were

1354
01:54:41,520 --> 01:54:46,680
talking about. It's a flavor tobacco. Even if you read the law, it says, if you self-level

1355
01:54:46,680 --> 01:54:56,260
to back was not a crime. You will be into a penalty's divisive level to back or start a crime,

1356
01:54:56,680 --> 01:55:01,180
but you will be fined this much for each item, which is I got fined this much for this

1357
01:55:01,180 --> 01:55:08,140
item. I'm being a lot of money right now for my violations, but to just revolve my

1358
01:55:08,140 --> 01:55:11,780
license, I don't think it's fair, I think it's unfair.

1359
01:55:14,620 --> 01:55:22,660
I mean, I can manage that, but just to lose my whole license for one year, I don't think that's fair.

1360
01:55:23,460 --> 01:55:28,810
It just gives me more time, let me fight that, let me just do something.

1361
01:55:29,350 --> 01:55:32,710
But just to lose my license, to lose my source, to lose both locations.

1362
01:55:33,290 --> 01:55:34,450
Again, I don't think it's fair.

1363
01:55:35,370 --> 01:55:41,610
Maybe you guys don't know a lot about flavor tobacco ban in California, but about a year ago,

1364
01:55:41,610 --> 01:55:47,090
two years ago, everybody was confused about it, the whole, like every each store in California

1365
01:55:47,090 --> 01:55:52,710
was confused about it. Okay, I got a violation, I cannot sell flavor to back on him. Yes,

1366
01:55:52,810 --> 01:55:57,290
I'm not going to sell flavor to back on him, but I have other tobacco items, I have to sell

1367
01:55:57,290 --> 01:56:03,330
to survive. Like we have other tobacco items to sell to survive, they're not flavoring,

1368
01:56:03,330 --> 01:56:06,870
they're unflavered to back, as the officer says, there's a lot of unflavered to back,

1369
01:56:06,930 --> 01:56:10,050
yes, there's a lot of unflavered to back, this is what we're sending going out.

1370
01:56:10,630 --> 01:56:17,170
So, okay, no flavor tobacco, no flavor tobacco, but there's other tobacco items we have to sell to survive.

1371
01:56:18,070 --> 01:56:22,310
Just close my store and to do what we should do.

1372
01:56:22,590 --> 01:56:24,790
Just get rid of my employees, I have a lot of employees.

1373
01:56:25,130 --> 01:56:31,070
Just get rid of them, get rid of myself, I'm gonna take care of my family, I'm gonna take care of everything else.

1374
01:56:31,890 --> 01:56:33,970
You know, I'm surviving right now with that's an incredible tobacco.

1375
01:56:36,200 --> 01:56:39,080
So that's the case, I'm surviving with that's an incredible tobacco.

1376
01:56:40,100 --> 01:56:45,360
Yeah, just please, just because sort of that not to revoke the license for that store,

1377
01:56:46,640 --> 01:56:50,380
specifically that store, I don't want to give it that tobacco license to revoke.

1378
01:56:50,500 --> 01:56:52,980
This store has been open for six years, it has been established.

1379
01:56:53,620 --> 01:56:59,160
For one violation, just revoking license, yeah, just follow your code, follow your code,

1380
01:56:59,200 --> 01:57:00,700
and give me a 30-day suspension.

1381
01:57:02,660 --> 01:57:03,920
That's a pretty much it.

1382
01:57:04,680 --> 01:57:04,980
Thank you.

1383
01:57:05,500 --> 01:57:06,380
Thank you.

1384
01:57:07,820 --> 01:57:11,300
Is there, does anyone else who's just speaking?

1385
01:57:13,380 --> 01:57:14,020
I

1386
01:57:16,840 --> 01:57:20,280
just want to ask, should I get sworn in again?

1387
01:57:21,900 --> 01:57:25,280
I just want to speak to the legality of the re-vocation.

1388
01:57:26,040 --> 01:57:36,900
The slide that was presented was pointing out to Section Code 5.581.10 that authorizes the fine, not a revocation.

1389
01:57:36,900 --> 01:57:45,240
The only section that authorizes revocations are 5.58.120, which requires a third sales

1390
01:57:45,240 --> 01:57:53,720
to minor's violation and 5.58.130, a wrongly issued permit, neither one applies here.

1391
01:57:54,540 --> 01:58:00,020
There's no sales to minor's allegations, and the permit was validly issued before the

1392
01:58:00,020 --> 01:58:01,260
of labor ban exists.

1393
01:58:02,060 --> 01:58:04,320
If the council revokes anyways, it's acting

1394
01:58:04,320 --> 01:58:07,780
without authority under its own ordinance.

1395
01:58:08,520 --> 01:58:11,040
The other reasons that matter is that a revocation

1396
01:58:11,040 --> 01:58:14,060
has to be supported by findings at TIV evidence

1397
01:58:14,060 --> 01:58:16,920
to the section that actually authorizes the revocation.

1398
01:58:17,500 --> 01:58:21,560
There are none here, because no such section fits.

1399
01:58:22,040 --> 01:58:25,940
Second review, if it is challenged by a red undercoat

1400
01:58:25,940 --> 01:58:32,260
of civil procedure of 194.5, the court asked whether the city proceeded in the matter required

1401
01:58:32,260 --> 01:58:39,540
by law and whether the findings were supported by the decision revoking on 5.5, 8.110,

1402
01:58:39,920 --> 01:58:43,360
which only allows a fine would not survive this review.

1403
01:58:44,160 --> 01:58:51,060
Also, on the matter of the published list of the flavored lists that came out,

1404
01:58:55,920 --> 01:58:55,920
that list

1405
01:58:55,920 --> 01:58:59,520
The inspection was done months before in March,

1406
01:58:59,980 --> 01:59:03,600
nine months before the even list of approved,

1407
01:59:03,600 --> 01:59:05,760
what was approved, not approved,

1408
01:59:06,680 --> 01:59:08,660
from what was flavored and not flavored,

1409
01:59:09,100 --> 01:59:13,000
that wasn't even out yet when they went through and ramaging.

1410
01:59:13,480 --> 01:59:15,800
And this was still figured out being figured out.

1411
01:59:15,940 --> 01:59:18,960
This just got into play last just very,

1412
01:59:19,180 --> 01:59:19,680
it was December.

1413
01:59:21,460 --> 01:59:24,580
So that's another huge point.

1414
01:59:24,580 --> 01:59:29,000
So the list didn't come out till December 31st, 2025 in this inspection.

1415
01:59:30,120 --> 01:59:31,000
Thank you.

1416
01:59:31,180 --> 01:59:31,920
Thank you.

1417
01:59:33,940 --> 01:59:35,960
Would anyone else like to speak on this matter?

1418
01:59:36,880 --> 01:59:37,580
Yes, sir.

1419
01:59:43,480 --> 01:59:44,460
How are you guys?

1420
01:59:45,340 --> 01:59:46,840
I'm speak up.

1421
01:59:47,160 --> 01:59:47,960
Fayaz Ahmed.

1422
01:59:49,660 --> 01:59:51,460
Do you affirm to tell the whole truth?

1423
01:59:52,060 --> 01:59:53,940
Do you affirm to tell the truth the whole truth?

1424
01:59:55,100 --> 01:59:55,720
Yes, I do.

1425
02:00:00,660 --> 02:00:08,460
The California cigar, number three, my friend, just about business, like in Europe, I mean, this

1426
02:00:08,460 --> 02:00:14,380
is his first relations. And this business has been, has been a winchester for almost more

1427
02:00:14,380 --> 02:00:21,200
than 10 years. And he just bought it. He just young, young guy just started free his family.

1428
02:00:21,300 --> 02:00:27,480
And this is one of the evaluation. You have a flavor product. He's, he's sorry, and he's ready

1429
02:00:27,480 --> 02:00:32,220
to, you can't give them another chance just by the business of that community.

1430
02:00:32,820 --> 02:00:33,560
I'm sorry.

1431
02:00:34,540 --> 02:00:35,100
I'm sorry.

1432
02:00:35,100 --> 02:00:35,200
I'm sorry.

1433
02:00:35,780 --> 02:00:36,280
I'm sorry.

1434
02:00:38,280 --> 02:00:39,240
I'm sorry.

1435
02:00:40,000 --> 02:00:42,560
You're speaking on three?

1436
02:00:43,400 --> 02:00:43,620
Yeah.

1437
02:00:44,400 --> 02:00:45,460
For kind of a pretty cigar.

1438
02:00:46,600 --> 02:00:51,880
We've already heard the, we've already taken action at 8.3.

1439
02:00:52,040 --> 02:00:53,520
We're on 8.5 now.

1440
02:00:53,520 --> 02:00:53,720
Yeah.

1441
02:00:53,720 --> 02:00:57,020
But we thought he had to add something to that too.

1442
02:00:57,340 --> 02:00:59,360
But we've already taken action every point three.

1443
02:00:59,560 --> 02:01:01,400
You can always speak on 8.5.

1444
02:01:03,320 --> 02:01:06,260
I'm sorry, I mean, I thought you were talking about this particular.

1445
02:01:07,080 --> 02:01:10,960
No, but also for him, as well, too,

1446
02:01:11,160 --> 02:01:16,260
like he mentioned tobacco product, it's been a chaos for everyone.

1447
02:01:16,540 --> 02:01:18,760
Everybody tried to make a living.

1448
02:01:18,780 --> 02:01:20,120
That's only businesses they have.

1449
02:01:20,280 --> 02:01:21,320
So what else they're going to do?

1450
02:01:21,400 --> 02:01:22,200
I mean, besides.

1451
02:01:22,200 --> 02:01:28,840
but I'll use like mentioned fine 30 days suspension. I think that's fair enough, you know, but

1452
02:01:28,840 --> 02:01:33,340
just put them out of business, I don't think that's fair. Thank you.

1453
02:01:34,780 --> 02:01:38,420
Thank you. Would anyone else like to speak on this matter?

1454
02:01:41,830 --> 02:01:45,370
Well, I can, the appellet can actually come back if you like

1455
02:01:45,990 --> 02:01:49,530
for three additional minutes, there's no other public testimony.

1456
02:02:00,020 --> 02:02:02,920
It has to be 8.5. We've already

1457
02:02:02,920 --> 02:02:04,340
to make an option on the 8.3.

1458
02:02:06,950 --> 02:02:13,190
Yeah, again, I'm sure a lot of you guys don't really know about the flavor to back or one.

1459
02:02:13,390 --> 02:02:15,070
You probably can fuse about it.

1460
02:02:16,270 --> 02:02:19,910
What's right to sale, what's not right to sale, it's the whole thing is confusing.

1461
02:02:21,430 --> 02:02:26,210
That's what I actually mentioned in December of 2025, they came up to the list.

1462
02:02:26,450 --> 02:02:28,330
California came up with a list.

1463
02:02:29,310 --> 02:02:32,350
It's called the tobacco list or something.

1464
02:02:32,350 --> 02:02:37,510
So what you can sell, and whatever is not in that list, you cannot sell.

1465
02:02:38,310 --> 02:02:42,170
So California said we're going to provide the list and nothing in that list,

1466
02:02:42,610 --> 02:02:44,530
then you cannot sell it pretty much.

1467
02:02:44,730 --> 02:02:46,470
So this is what I'm coming from.

1468
02:02:46,550 --> 02:02:47,290
This is what I'm telling you.

1469
02:02:47,390 --> 02:02:49,730
All the flavor tobacco is confusing to everyone.

1470
02:02:50,870 --> 02:02:51,950
I got a violation.

1471
02:02:52,810 --> 02:02:54,250
I'm paying the violation from the state.

1472
02:02:54,310 --> 02:02:55,350
It's a huge violation.

1473
02:02:55,450 --> 02:02:57,470
By the way, it's not a small number.

1474
02:02:57,470 --> 02:03:05,410
And I accepted, I'm paying it, so now losing my store is another thing, you know, it just,

1475
02:03:05,410 --> 02:03:12,510
please, just, I think this suspension is fair enough, to revolve my license is unfair,

1476
02:03:13,250 --> 02:03:18,150
you know, unfair, from one violation, revolve my license, I've never had any violations,

1477
02:03:18,450 --> 02:03:23,450
never had any violations, it's been open for six years, never had any violations, never, never.

1478
02:03:23,450 --> 02:03:28,790
Okay, we had, sometimes we had under covers come to the store and they check like, because

1479
02:03:28,790 --> 02:03:31,890
we, you know, they send decoys and under cover, that's under age.

1480
02:03:32,330 --> 02:03:36,250
We have to see there are ideas if there are under 21, we tell them, please do not come to

1481
02:03:36,250 --> 02:03:37,030
the store again.

1482
02:03:37,770 --> 02:03:42,250
Like, we follow the law, one violation revoking license, I think that's unfair.

1483
02:03:42,590 --> 02:03:49,070
So please consider just suspension, suspension I'm happy with, I'm okay, I can live 30 days

1484
02:03:49,070 --> 02:03:54,510
with a suspension but live one year with it with a revoking license and I think that that hurts

1485
02:03:54,510 --> 02:04:04,540
is still much. So yeah please miss thank you. Thank you. So I will close the public hearing on

1486
02:04:04,540 --> 02:04:10,820
this matter bring it back to council and I'll just make a initial comment myself since this is

1487
02:04:10,820 --> 02:04:18,060
the second store of this person you already taken action one store and I'm willing on this particular

1488
02:04:18,060 --> 02:04:28,300
motion to propose a 30-day suspension to allow him to remain in business to sell back home.

1489
02:04:28,420 --> 02:04:30,680
That's just my opinion. I'm open to other comments.

1490
02:04:31,100 --> 02:04:36,180
I agree. Oh, hardly with that. I think it's a good compromise to lose both stores. It's

1491
02:04:36,180 --> 02:04:42,740
totally brutal. You know, that's just potentially life-ending for any business man, you know.

1492
02:04:42,740 --> 02:04:45,720
So yeah, I would agree with the mayor.

1493
02:04:46,760 --> 02:04:50,600
I concur as well because I have two comments on this

1494
02:04:50,600 --> 02:04:54,260
is that the event that had the issue

1495
02:04:54,260 --> 02:04:58,020
was back almost over a year ago, March 2025.

1496
02:05:00,040 --> 02:05:06,140
And I'm aware of any subsequent investigation in there.

1497
02:05:06,760 --> 02:05:10,060
So that consideration of time experience,

1498
02:05:10,060 --> 02:05:25,600
I think is the consideration absolutely there should not be any selling of flavor tobacco that's absolutely the case, but I just want to make those comments because I do agree with the suspension as I said before.

1499
02:05:27,500 --> 02:05:28,720
Other comments?

1500
02:05:28,720 --> 02:05:35,600
I just have a question. What's different with this one, as opposed to the previous one?

1501
02:05:35,840 --> 02:05:41,820
Yes, I think. The same situation where they're selling illegal product.

1502
02:05:43,400 --> 02:05:44,020
I would say...

1503
02:05:44,020 --> 02:05:46,400
I'm sorry. I'm asking the mayor.

1504
02:05:46,560 --> 02:05:48,880
Oh, I didn't know that. I thought I was a general. Sorry.

1505
02:05:48,880 --> 02:05:49,100
Why?

1506
02:05:50,720 --> 02:05:54,740
What difference is it with this one, suspending it rather than revoking?

1507
02:05:54,740 --> 02:06:01,160
And well, my only thought was this was the second business by the same owner.

1508
02:06:01,940 --> 02:06:03,900
He apparently has no other means of support.

1509
02:06:04,100 --> 02:06:07,620
And I was willing to consider that in this situation only.

1510
02:06:08,300 --> 02:06:11,520
I will ask the city attorney once again to comment on the law.

1511
02:06:12,440 --> 02:06:17,100
Several comments have made about, you know, when lists were published, when they weren't published,

1512
02:06:18,500 --> 02:06:26,780
Whether the law was clear or not, and I have to rely on your opinion as to your understanding

1513
02:06:26,780 --> 02:06:33,020
as to what and when, and I wonder if you could comment further on this whole matter.

1514
02:06:39,030 --> 02:06:52,530
is my understanding that at the time that the inspection was made, that the list of

1515
02:06:52,530 --> 02:07:00,870
flavored tobacco items had not been published. So there could have been some confusion

1516
02:07:00,870 --> 02:07:06,270
during, at that period of time, was to the products eye,

1517
02:07:08,810 --> 02:07:09,230
officer,

1518
02:07:11,710 --> 02:07:27,100
may know differently with that regard, but it's my understanding that the list did not impublish, whether that it was clear or not that what was being sold at this point.

1519
02:07:32,640 --> 02:07:48,820
The officer may have a better handle on that than I do with regard to the ordinance that we're using.

1520
02:07:49,600 --> 02:07:57,820
This is a model ordinance that was developed by, well, I don't know the non-profit.

1521
02:07:57,820 --> 02:08:06,460
developed it, it is not the most precise ordinance that we have on our books, I'll say that.

1522
02:08:10,420 --> 02:08:16,200
To clarify about the flavor tobacco list, I believe the flavor tobacco was prohibited back in

1523
02:08:16,200 --> 02:08:27,000
2022 sometime. In January 1st of 2025, the Health and Safety Code 1045595A1 defines

1524
02:08:27,940 --> 02:08:32,080
which is the term that they use in the prohibition of flavor to back home.

1525
02:08:32,460 --> 02:08:32,760
It says,

1526
02:08:37,080 --> 02:08:38,200
It says,

1527
02:08:38,200 --> 02:08:38,220
It says,

1528
02:08:38,220 --> 02:08:41,000
It says,

1529
02:08:46,100 --> 02:08:46,560
It says,

1530
02:08:46,560 --> 02:08:47,000
It says,

1531
02:08:47,000 --> 02:08:47,280
It says,

1532
02:08:47,280 --> 02:08:47,800
It says,

1533
02:08:47,800 --> 02:08:48,540
It says,

1534
02:08:55,560 --> 02:08:56,680
It says,

1535
02:08:56,680 --> 02:09:01,180
or a cooling sensation, distinguishable by an orary consumer during the consumption of a tobacco

1536
02:09:01,180 --> 02:09:01,600
product.

1537
02:09:03,680 --> 02:09:10,160
So as of January of 2025 prior to this case, they defined a flavor tobacco and what it

1538
02:09:10,160 --> 02:09:17,400
is and it's pretty apparent to anyone that if you're buying a flavor tobacco that is labeled as a

1539
02:09:17,400 --> 02:09:26,660
fruit or a berry or some sort of dessert flavor which is many of the items we found that that is a

1540
02:09:26,660 --> 02:09:30,830
list, it's actually an unflavered tobacco list and it's to clarify for certain things.

1541
02:09:31,720 --> 02:09:38,080
For example, a camel crush is kind of a vague item. If you smoke a camel crush cigarette,

1542
02:09:38,580 --> 02:09:43,120
it is a normal tobacco flavored cigarette where you're smoking it. Unless you crush the ball

1543
02:09:43,120 --> 02:09:49,640
in the filter, which releases a mental or cooling sensation. So in order to distinguish between

1544
02:09:49,640 --> 02:09:54,800
these products that are vague or unclear, they started to create the unflavered tobacco list,

1545
02:09:54,800 --> 02:09:58,640
which would allow items that are maybe uncertain

1546
02:09:58,640 --> 02:10:01,360
to be justified as being awful for sale.

1547
02:10:01,880 --> 02:10:03,900
It's not a list that completely lists all the things

1548
02:10:03,900 --> 02:10:04,400
that are prohibited.

1549
02:10:05,340 --> 02:10:08,120
And the ones that are broadly apparent to people

1550
02:10:08,120 --> 02:10:11,320
should already be well-known that you cannot sell them.

1551
02:10:12,000 --> 02:10:14,760
No, at the very beginning, you said January, 22 bit.

1552
02:10:15,360 --> 02:10:17,440
Then it didn't generate 25.

1553
02:10:17,540 --> 02:10:19,100
So I just wondered if you might.

1554
02:10:20,380 --> 02:10:22,420
Yeah, so I don't know if it was in January,

1555
02:10:22,420 --> 02:10:38,440
But back in 2022, when the flavored tobacco provision started, in 2025, the health and safety code defined the term terrorizing flavor to clarify, probably to do to issues of uncertainty in the past.

1556
02:10:38,880 --> 02:10:49,100
And so at the time that this case happened, that law had already been in fact for several months and it pretty blatantly explains what is flavored.

1557
02:10:53,080 --> 02:10:54,620
Okay, thank you, that helps.

1558
02:10:55,460 --> 02:11:01,620
I have an additional question from the incident report, comparing this one in 8.4.

1559
02:11:03,740 --> 02:11:09,480
It was clear in the previous report from the previous one that there had been an intent

1560
02:11:09,480 --> 02:11:15,020
to conceal this hidden room. Was that the case in this one?

1561
02:11:15,760 --> 02:11:19,040
The story was quite a bit larger footprint than the last.

1562
02:11:19,040 --> 02:11:28,420
When we spoke about, there was a decent sized footprint of the store that sold mostly non-prohibited

1563
02:11:28,420 --> 02:11:28,700
items.

1564
02:11:29,040 --> 02:11:33,600
However, we did find some prohibit items on that display floor, and then there was a small room

1565
02:11:33,600 --> 02:11:38,100
that was adjacent to the cash register where the employees could easily run back and grab

1566
02:11:38,100 --> 02:11:42,680
the flavored items and they were set up on shelves outside of boxes ready to go for someone

1567
02:11:42,680 --> 02:11:47,720
to grab one with items missing from certain packages, and something of note for this location

1568
02:11:47,720 --> 02:11:54,260
is there was a much larger room probably double the size of the one from the last one that was found

1569
02:11:54,260 --> 02:11:59,320
that is in the same building. It was behind closed door on either under the shop there was

1570
02:11:59,320 --> 02:12:05,140
two doors of light into it and the owner had posted his wholesale tobacco license on the door

1571
02:12:05,140 --> 02:12:10,760
under a different name and it was my intention that or my belief that his intention was to

1572
02:12:10,760 --> 02:12:15,900
try and protect that product and that was back there from seizure and at the time the CDTFA was

1573
02:12:15,900 --> 02:12:21,680
gave guidance not to seize the wholesale items as it was a separate store. However,

1574
02:12:21,900 --> 02:12:27,160
when we did inspect that area, there was a lot of open packages. We had single items missing,

1575
02:12:27,860 --> 02:12:33,420
and it's my personal belief that he was restocking that small room that the cashier was selling items

1576
02:12:33,420 --> 02:12:40,980
from with items that were if you will protected by this wholesale license. It was adjacent to it.

1577
02:12:40,980 --> 02:12:46,280
I would estimate that items in that room that were not seized in addition to this 600 or so that

1578
02:12:46,280 --> 02:12:49,180
were seized was probably an excess of 5,000 items,

1579
02:12:55,050 --> 02:12:57,310
and that warehouse license of the same address

1580
02:12:57,310 --> 02:12:58,270
as the retail location.

1581
02:12:58,590 --> 02:13:01,930
It had the same address, but I believe it had a different name, it was like Bluffis Under,

1582
02:13:02,050 --> 02:13:04,470
like Black Wolf will sail or something along that line.

1583
02:13:12,670 --> 02:13:13,150
Sorry.

1584
02:13:16,720 --> 02:13:22,080
Officer, this was in March, March 20, 25, investigation, the district.

1585
02:13:22,400 --> 02:13:22,520
Okay.

1586
02:13:22,520 --> 02:13:23,520
Thank you.

1587
02:13:27,740 --> 02:13:33,240
That's an entire different spin on this whole thing here in any other comments.

1588
02:13:35,680 --> 02:13:42,640
Well, I am curious about a little bit more detail on the wholesale aspect and what was

1589
02:13:42,640 --> 02:13:43,180
found there.

1590
02:13:43,680 --> 02:13:48,980
So the majority of it was on pictureing kind of like big box shipping boxes filled with

1591
02:13:48,980 --> 02:13:53,120
product or something of that nature, or how is it arranged because what I'm wondering

1592
02:13:53,120 --> 02:13:57,020
is anyone could go like even me, you know, I sell kettle corn.

1593
02:13:57,020 --> 02:14:05,040
I'll sample a bag of calicoorn from time to time, so I'm just saying, just because you have a box open, it doesn't necessarily mean guilt of selling those, right?

1594
02:14:05,060 --> 02:14:12,340
You know what I mean? So I just want to please paint me a picture of like the exact same, are there pictures of, you know, that evidence?

1595
02:14:13,300 --> 02:14:18,600
Yes, there are, and there's body temperature of this walking through the room.

1596
02:14:19,460 --> 02:14:25,960
The vast majority of the boxes that were in there were open, I mean it was common to see, like if there were two boxes of the same item,

1597
02:14:25,960 --> 02:14:52,460
The only one would be open, but the large shipping box would be open and then the smaller box is inside of that, and even like the, if you will then comes in with the collar roll, it's five packages in a plastic wrap thing, those rolls were individually broken open, whereas if you are selling wholesale to a buyer, like another retailer, you would not break open a roll, you would sell it by the entire roll, or like as a carton of cigarettes would be sold.

1598
02:14:52,460 --> 02:14:57,120
You know, retailers don't buy single packs of cigarettes, they buy cartons, and buy.

1599
02:15:00,000 --> 02:15:29,920
And again, so was the amount, what I'm asking, and thank you for paying that picture. But like when you see the item that you said, you'd see like two packages of like maybe these five rolls or whatever together. And one might be open, you said, like you'd see that pretty commonly that one package might be open versus another, like so half or more, where still sealed or I don't, I wouldn't say half or more were sealed or answered. I don't recall specifically, but you know, if you had one case,

1600
02:15:30,000 --> 02:15:35,020
of these individual roles, you know, half of the roles would be missing out of the case,

1601
02:15:35,160 --> 02:15:39,760
and several of them would be broken open as it's been, like someone tried just one item out

1602
02:15:39,760 --> 02:15:44,120
of an entire case. It's like it had been being depleted over time.

1603
02:15:44,700 --> 02:15:49,180
But technically he could have sold half of the box at whole sale.

1604
02:15:49,520 --> 02:15:54,920
By if so long as they were in those like five pods as you're describing, like if he was selling

1605
02:15:54,920 --> 02:16:00,420
those one at a time out of the big box like that could be, that could account for a

1606
02:16:00,420 --> 02:16:01,480
disappearance of.

1607
02:16:01,560 --> 02:16:06,660
I understand where you're coming from, I mean, I don't think that it's typical to sell a

1608
02:16:06,660 --> 02:16:09,600
roll at a time as a wholesaler, a wholesaler would normally be selling a whole

1609
02:16:09,600 --> 02:16:16,560
carton or a crate of them at a time, however, I mean that is a legitimate, argument like

1610
02:16:16,560 --> 02:16:17,080
suppose.

1611
02:16:17,780 --> 02:16:21,700
And like, I'm just trying to picture, because, you know, I could picture a small business

1612
02:16:21,700 --> 02:16:26,040
the small business transaction, you know, where, you know, you might not be shipping, like,

1613
02:16:26,040 --> 02:16:29,920
oh, I don't need a whole crate, they will take me here to sell those, right? But like, you know,

1614
02:16:30,020 --> 02:16:35,240
selling like one or two of whatever at a time to another small business, I could see that happening.

1615
02:16:35,580 --> 02:16:41,960
So at the time, the CTFA was giving guidance to the business owners, and the owner, I spoke about it

1616
02:16:41,960 --> 02:16:48,320
as well, that they were only to be selling wholesale out of state for flavored tobacco items,

1617
02:16:48,320 --> 02:16:59,500
And so I mean I suppose that some small retailer may order two or five roll zins to be mailed all the way out of state, but I don't think that's this typical or practical business model.

1618
02:17:10,900 --> 02:17:10,980
Okay.

1619
02:17:10,980 --> 02:17:11,880
The pleasure of the council.

1620
02:17:13,360 --> 02:17:15,720
I want to talk about that in terms of.

1621
02:17:15,820 --> 02:17:16,040
Go ahead.

1622
02:17:16,940 --> 02:17:17,260
Go ahead.

1623
02:17:17,400 --> 02:17:18,060
Go ahead.

1624
02:17:19,620 --> 02:17:20,920
I'm going to propose a motion.

1625
02:17:21,360 --> 02:17:21,580
Okay.

1626
02:17:21,900 --> 02:17:23,480
I hope it's the one that I was wanted.

1627
02:17:23,480 --> 02:17:34,100
I proposed the motion to suspend the license for a 0.5 the his shop at 2050 Southwest.

1628
02:17:34,900 --> 02:17:36,600
And if I may.

1629
02:17:36,900 --> 02:17:46,480
For clarification that would include changing the name on the title of the resolution to the.

1630
02:17:46,480 --> 02:17:52,380
Hays down, it's a case which has, are we talking about here?

1631
02:17:53,700 --> 02:18:04,330
A smoke shop and revising the last line of the resolution to stay,

1632
02:18:23,540 --> 02:18:24,860
instead of stating,

1633
02:18:24,860 --> 02:18:33,630
revokes the business license and tobacco retail permit to state suspends the

1634
02:18:34,420 --> 02:18:42,030
business license and tobacco retail permit for a smoke shop located at

1635
02:18:42,420 --> 02:18:47,920
2050 South basketball in New California for 30 days.

1636
02:18:50,360 --> 02:18:52,780
So I will repeat that

1637
02:18:55,400 --> 02:18:57,840
I propose a motion to really vote.

1638
02:18:58,380 --> 02:19:00,840
I'm sorry, to suspend the tobacco retill

1639
02:19:00,840 --> 02:19:03,780
a permit and it's less sense for a haste boat shop.

1640
02:19:03,880 --> 02:19:07,840
Look at it at 2050 South Baskum for 30 days.

1641
02:19:10,340 --> 02:19:11,940
OK, so we have a motion for the second.

1642
02:19:12,000 --> 02:19:13,540
Any further discussion?

1643
02:19:14,100 --> 02:19:15,660
Do you have a comment, myself?

1644
02:19:16,800 --> 02:19:18,800
I mean, I know what I had said earlier.

1645
02:19:19,160 --> 02:19:22,300
I'm a little concerned about the volume of material

1646
02:19:22,300 --> 02:19:26,640
that was stored there, and it's purpose,

1647
02:19:28,680 --> 02:19:31,520
and that I find that troubling quite frankly.

1648
02:19:36,530 --> 02:19:48,930
You know, just any business you often have a huge volume of product, you know, and so I personally feel that these expressions themselves very well, and it really truly, you know, asking for us to do this,

1649
02:19:48,930 --> 02:19:54,870
We already, he already based the loss, the other shop, you know, and that I do generally feel

1650
02:19:54,870 --> 02:19:59,350
he's not in this lesson and I do not think that he'll be doing this ever again.

1651
02:19:59,710 --> 02:20:05,730
And even if he does, it's our due diligence and thank you, Camel PD for doing these random

1652
02:20:05,730 --> 02:20:10,250
checks to ensure that our community is safe and that everyone is selling the legal product.

1653
02:20:10,710 --> 02:20:15,970
So I, I just would respectfully ask that you don't think about the volume, you know, it's

1654
02:20:15,970 --> 02:20:21,030
Now, it's just going to be your place, the volume of, you know, legally assault tobacco.

1655
02:20:21,150 --> 02:20:25,570
Yeah, the volume is significant, because I mean, the flavor tobacco was actually illegal.

1656
02:20:25,930 --> 02:20:26,530
So it's 2022.

1657
02:20:26,870 --> 02:20:32,920
It's the owner's responsibility to know that if I'm correct.

1658
02:20:33,260 --> 02:20:37,660
I mean, the owner is responsible for knowing state law, whether they know it or not.

1659
02:20:37,700 --> 02:20:40,480
They're responsible to know it and they know it.

1660
02:20:40,560 --> 02:20:42,340
I'm sorry, but I've closed the public hearing.

1661
02:20:42,560 --> 02:20:46,500
The matter is only before the council and where the only ones that can talk about it now.

1662
02:20:47,360 --> 02:20:55,110
I've had your opportunity and I'm following what the law is and what I'm required to do so.

1663
02:20:55,330 --> 02:20:55,610
Yeah.

1664
02:20:55,610 --> 02:20:57,570
You are correct.

1665
02:20:58,350 --> 02:21:04,470
Mayor Fretado that all persons are charged with.

1666
02:21:04,630 --> 02:21:07,390
Presumptively knowing the law.

1667
02:21:12,760 --> 02:21:15,120
I'll just reiterate my comments that I said before.

1668
02:21:15,120 --> 02:21:23,440
This was, this violation was March 2025, and it was a first violation in March 2025.

1669
02:21:24,620 --> 02:21:31,360
I also reiterated, again, that I'm absolutely adamant about following state law and not

1670
02:21:31,360 --> 02:21:45,040
selling any flavor tobacco, but because of the duration of time, since then, and the CVTV

1671
02:21:45,040 --> 02:21:50,300
C-D-T-F-A, and find that they're paying a support

1672
02:21:50,300 --> 02:21:50,900
as suspension,

1673
02:21:54,360 --> 02:21:55,920
and so that was my most sure.

1674
02:21:56,640 --> 02:21:56,800
Yes.

1675
02:22:00,820 --> 02:22:02,160
Just one last comment.

1676
02:22:02,620 --> 02:22:08,120
I also, and this hasn't been brought up yet, but I would think about the possible time

1677
02:22:08,120 --> 02:22:13,920
that would be tied up and the cost to the city, if any, you know, I don't know if any legal

1678
02:22:13,920 --> 02:22:14,620
things might happen.

1679
02:22:14,860 --> 02:22:19,680
I personally feel like I know we put in ordinances, and there is the state law, of course,

1680
02:22:19,680 --> 02:22:22,380
But I don't ever want us to overreach,

1681
02:22:22,620 --> 02:22:24,800
you know, potentially I don't know for doing that right now,

1682
02:22:25,560 --> 02:22:26,880
but for me it feels kind of shaky.

1683
02:22:30,000 --> 02:22:34,120
Seconded that motion. Thank you.

1684
02:22:37,960 --> 02:22:40,640
Okay, so we'll call for the vote at this time.

1685
02:22:40,880 --> 02:22:48,260
We can ask the clerk to call for the vote on whether the motion on the floor is to suspend the license for 30 days.

1686
02:22:48,900 --> 02:22:54,120
Councilmember Lopez, councilmember Heinz. Councilmember Shkizola, aye.

1687
02:22:54,120 --> 02:22:56,480
Vice Mayor Bibi. No. Mayor Furtado.

1688
02:22:58,100 --> 02:22:58,120
Aye.

1689
02:23:01,450 --> 02:23:11,220
So, the license has been at 30 days, I will say. I'm troubled by this full matter, but I'm going to give you a chance to be free this matter.

1690
02:23:11,480 --> 02:23:15,090
For those who just haven't been into that, I'm proud of that.

1691
02:23:22,630 --> 02:23:25,170
So, now we go to item 8.6.

1692
02:23:28,650 --> 02:23:33,810
And this is a public hearing to consider the adoption of a resolution to revoke the business license for a sage,

1693
02:23:34,030 --> 02:23:37,450
Smoke Shop, located at 484 West Hamilton Avenue, Campbell.

1694
02:23:37,450 --> 02:23:40,720
There were a total of council members,

1695
02:23:40,940 --> 02:23:42,180
Robert Eastwood, with you again.

1696
02:23:43,000 --> 02:23:44,520
A acknowledgement on the next two items,

1697
02:23:44,720 --> 02:23:45,340
they're a little different.

1698
02:23:45,620 --> 02:23:48,080
Both of these items, you do not have an appeal

1699
02:23:48,080 --> 02:23:49,760
of the tobacco retailer permit.

1700
02:23:50,000 --> 02:23:52,060
So, solely before you, for these two items,

1701
02:23:52,220 --> 02:23:53,940
is a revocation of the business license.

1702
02:23:54,560 --> 02:23:56,760
In both instances, at the administrative level,

1703
02:23:57,880 --> 02:23:59,840
staff issued a notice of intent to evoke

1704
02:23:59,840 --> 02:24:01,440
the tobacco retailer permit.

1705
02:24:01,440 --> 02:24:03,440
They were afforded a 15-day appeal period

1706
02:24:03,440 --> 02:24:05,200
that they did not see an appeal.

1707
02:24:05,820 --> 02:24:07,360
So, in effect, for both of these businesses,

1708
02:24:07,360 --> 02:24:11,500
And we'll go one at a time back, a retailer permit has been rescinded.

1709
02:24:11,720 --> 02:24:16,680
You are solely reviewing and deciding if you should revoke the business license.

1710
02:24:17,560 --> 02:24:21,940
As mentioned, the business license replication I'm for you is said, so it's a Sage Smoke

1711
02:24:21,940 --> 02:24:23,420
Shop 404 West Hamilton.

1712
02:24:24,180 --> 02:24:26,640
The evidence was presented for you as grounds to revoke.

1713
02:24:26,700 --> 02:24:29,600
The business license is two inspections by Campbell Police.

1714
02:24:30,100 --> 02:24:32,120
First was on March 5th, 2025.

1715
02:24:32,120 --> 02:24:38,720
A large amount of flavored tobacco products were displayed for sale at the business in question,

1716
02:24:39,300 --> 02:24:43,400
and Camel Police did seize a 959 tobacco flavored items.

1717
02:24:44,020 --> 02:24:48,940
There was a second inspection on January 20th of this year during that inspection plain

1718
02:24:48,940 --> 02:24:54,440
closed officers that visited the site were offered flavored tobacco products for sale.

1719
02:24:56,400 --> 02:25:01,120
Again, no appeal rose was received of the revoked tobacco retailer permit thus before

1720
02:25:01,120 --> 02:25:05,860
tonight is only revocation of the business license, but in effect they do not have a license

1721
02:25:05,860 --> 02:25:06,740
to sell tobacco.

1722
02:25:07,700 --> 02:25:13,540
Safely based on the violations presented of selling flavor tobacco, they're not one, but twice

1723
02:25:13,540 --> 02:25:19,400
two instances, that there is grounds and staff recommends to revoke the business license

1724
02:25:19,400 --> 02:25:23,440
based on the three grounds highlight on the screen before you.

1725
02:25:24,060 --> 02:25:26,780
With that, I'm available for questions as is Kamib Wies.

1726
02:25:27,120 --> 02:25:27,780
Thank you.

1727
02:25:30,080 --> 02:25:30,640
questions?

1728
02:25:32,680 --> 02:25:40,340
Yes. The business license that was issued for this business, was it for tobacco?

1729
02:25:43,760 --> 02:25:47,700
Sales or are there other things going on there?

1730
02:25:49,000 --> 02:25:53,420
Yeah, that's a great question council member, but I don't have all the information before me

1731
02:25:53,420 --> 02:25:57,340
If they have, I mean, effective today, they cannot sell tobacco.

1732
02:25:58,720 --> 02:26:03,120
Do they, as typically, it's a small shop sells retail items.

1733
02:26:03,560 --> 02:26:07,840
Related to paraphernal, there might be some prohibitions on selling some of those.

1734
02:26:08,280 --> 02:26:10,600
If they're that close, they're ready to tobacco.

1735
02:26:11,520 --> 02:26:16,440
But there might be availability of just to do some retail sales in this instance.

1736
02:26:17,480 --> 02:26:21,600
And so, they didn't renew their license.

1737
02:26:22,480 --> 02:26:24,680
Do we know why they didn't renew their license?

1738
02:26:25,700 --> 02:26:31,960
Or was that prior to the revocation of the tobacco permit?

1739
02:26:32,600 --> 02:26:35,040
We did get that information from finance.

1740
02:26:35,580 --> 02:26:38,300
I don't have any information why they did not renew their license.

1741
02:26:39,160 --> 02:26:40,300
Thank you.

1742
02:26:40,800 --> 02:26:42,040
I'm sorry, just a clear of my question.

1743
02:26:42,220 --> 02:26:42,680
I met those.

1744
02:26:42,880 --> 02:26:45,620
They did not review their tobacco license.

1745
02:26:45,620 --> 02:26:52,440
to not read in a license. I know that generally there's two licenses, which licensed in there.

1746
02:26:53,660 --> 02:26:58,640
I'd have to look it up. I believe they might not have renewed both off the open the case.

1747
02:26:59,020 --> 02:27:06,260
Typically there's a stain period the Campbell has once your expiration has come up that you can

1748
02:27:06,260 --> 02:27:15,600
come in with in a certain period to renew and that stain period is still open. But in the

1749
02:27:15,600 --> 02:27:18,880
has to revoke the tobacco retailer permit as of right now.

1750
02:27:22,590 --> 02:27:23,390
Thank you.

1751
02:27:23,530 --> 02:27:24,790
Did you want to make some comments?

1752
02:27:35,420 --> 02:27:41,240
So when we are to this case, I'd just like to comment on the two inspections we did here.

1753
02:27:41,760 --> 02:27:45,400
The first one was a normal inspection we walked in and we,

1754
02:27:47,260 --> 02:27:49,260
there were there and we were shaking for the items.

1755
02:27:49,520 --> 02:27:50,720
And that was when we had a large seizure.

1756
02:27:51,460 --> 02:27:55,400
At the time the business owner told me that he had recently purchased the business and he was trying to figure everything out.

1757
02:27:55,400 --> 02:28:01,920
read a lot of excuses about the flavored tobacco stuff, and we talked to him extensively on his permitting licensing,

1758
02:28:02,600 --> 02:28:06,840
the regulations of the science he needs to post, and the sale flavored tobacco products.

1759
02:28:07,580 --> 02:28:08,140
We returned.

1760
02:28:08,720 --> 02:28:16,320
It was actually on a minor tobacco decoy opera of minor went into purchase tobacco, and I was there with the minor in plain flows.

1761
02:28:18,380 --> 02:28:26,520
They had a display of as in the rack on the counter that displayed multiple favors, but it was completely empty.

1762
02:28:27,660 --> 02:28:34,490
While the decoy was trying to exit the store, it's quite a distance from the front of the door to the counter where he attempted to make a purchase.

1763
02:28:35,190 --> 02:28:39,190
The employee asked me if, how he could help me.

1764
02:28:39,610 --> 02:28:46,710
And so, in order to buy time for the decoy to exit the building, I asked him, I did

1765
02:28:46,710 --> 02:28:51,290
important that I was looking for as in product, as I saw that the rack was empty, hoping

1766
02:28:51,290 --> 02:28:52,590
that he would offer one for sale.

1767
02:28:53,250 --> 02:28:57,210
He went into the back room and pulled out a whole box of different sort of, as in flavor

1768
02:28:57,210 --> 02:29:02,870
to back aqua products, the offer one for sale to me, which I purchased, at that point,

1769
02:29:02,870 --> 02:29:04,890
I called in the rest of the uniform officers,

1770
02:29:05,290 --> 02:29:06,890
while they were responding in,

1771
02:29:07,110 --> 02:29:09,770
they employed went back into that enclosed room,

1772
02:29:10,070 --> 02:29:12,830
which we later found there was a large safe back there.

1773
02:29:13,070 --> 02:29:14,270
And when we went into the room,

1774
02:29:14,270 --> 02:29:16,170
the entire box that he had offered for display

1775
02:29:16,170 --> 02:29:18,870
was no longer accessible and you refused to open the safe.

1776
02:29:19,770 --> 02:29:21,670
Based on my previous conversation with the owner,

1777
02:29:22,130 --> 02:29:23,770
when we first talked contact in,

1778
02:29:24,090 --> 02:29:26,670
we were trying to start the regulations

1779
02:29:26,670 --> 02:29:30,270
by hiding this items in the safe and only offering for sale

1780
02:29:30,270 --> 02:29:31,250
when people are asking.

1781
02:29:31,990 --> 02:29:37,910
and they would own a refuse to come to the location to be responsible for what was going

1782
02:29:37,910 --> 02:29:38,670
on there.

1783
02:29:40,070 --> 02:29:43,810
So I don't believe that the owner is acting a good faith and I don't believe that he's

1784
02:29:43,810 --> 02:29:48,330
going to face on his actions of trying to conceal it in a safe, I don't think that you will

1785
02:29:48,330 --> 02:29:50,730
going forward either if it's licensed.

1786
02:29:51,410 --> 02:29:52,090
We're revoked.

1787
02:29:55,920 --> 02:29:56,480
Thank you.

1788
02:30:00,000 --> 02:30:10,020
If there's no questions about the council look at this time, I will first of all open public

1789
02:30:10,020 --> 02:30:19,140
hearing and invite the appellant to comment if you so wishes. Is the appellant present and would like

1790
02:30:19,140 --> 02:30:20,300
to speak on this matter?

1791
02:30:22,690 --> 02:30:29,010
I don't see the appellant. I will open the public hearing in general then would anyone

1792
02:30:29,010 --> 02:30:30,690
like to speak on this matter.

1793
02:30:33,840 --> 02:30:36,840
I see none, so I will close the public hearing and bring

1794
02:30:36,840 --> 02:30:38,320
the better back to the council.

1795
02:30:47,380 --> 02:30:47,520
Yes.

1796
02:30:50,450 --> 02:30:55,370
Oh, yes. Oh, yeah. So interesting. It doesn't seem like

1797
02:30:55,370 --> 02:31:00,150
unless I'm staying out, you know, unless people, most business owners come and they

1798
02:31:00,150 --> 02:31:04,450
trying to defend themselves. But I'm not seeing that here. So this, we're taking this on a case

1799
02:31:04,450 --> 02:31:10,650
by case basis. And so forgive me if I'm wrong. Is there any defense, like I don't really

1800
02:31:11,150 --> 02:31:16,890
see that I don't see an obvious defense. So I've asked for it. I've closed the public hearing. Okay. Yeah.

1801
02:31:16,890 --> 02:31:26,590
It's back. Okay. Thank you. Yeah. So I, you know, based on that, it's like I feel like you have to come and defend yourself or you're just going to get the book thrown at you.

1802
02:31:26,850 --> 02:31:28,710
No, so that's my comment.

1803
02:31:33,790 --> 02:31:34,610
Call my smirboby.

1804
02:31:35,610 --> 02:31:36,190
Go ahead, sir.

1805
02:31:37,370 --> 02:31:43,070
Yeah, I just want to make a comment that the individual cannot sell any tobacco products.

1806
02:31:43,070 --> 02:31:55,390
And Leoey, and there's a, there's a, there's a business license that's in a suspended state, at least right now, is my understanding is whatever.

1807
02:31:57,110 --> 02:32:03,630
So I'm a little reluctant to remove a business license that they can't sell the product.

1808
02:32:04,430 --> 02:32:09,370
And so that's, that's kind of what my feeling on that is.

1809
02:32:09,370 --> 02:32:14,030
and they had the option of coming here tonight to finish themselves, they didn't, so

1810
02:32:14,570 --> 02:32:20,330
I think the medicine, it should be revoked, but obviously it's up to the council majority.

1811
02:32:22,820 --> 02:32:28,940
Well, I guess I would ask what good is a business license? If you can't, it's a tobacco

1812
02:32:28,940 --> 02:32:35,180
permit was to be revoked. What good is a business license? It doesn't allow them to sell

1813
02:32:35,180 --> 02:32:45,700
to medical parents? Well, it could be, I'm not a tobacco, I'm not a, in that business,

1814
02:32:46,100 --> 02:32:50,700
so, but there would be other products, not tobacco related products.

1815
02:32:51,720 --> 02:32:56,220
Yeah, technically they could sell all the accouture moms, you know, not the tobacco

1816
02:32:56,220 --> 02:32:59,300
itself, maybe some bobbleheads or whatever.

1817
02:33:01,580 --> 02:33:04,140
Well, there's no other discussion on the

1818
02:33:04,140 --> 02:33:11,340
down recommendation to revoke the business license or stage smoke shop located at 4-84 West

1819
02:33:11,340 --> 02:33:12,960
10-10-11.

1820
02:33:13,180 --> 02:33:14,460
How's that going?

1821
02:33:14,460 --> 02:33:15,900
We have a motion by the post there.

1822
02:33:16,240 --> 02:33:16,660
Second thing.

1823
02:33:16,820 --> 02:33:17,500
How's the number?

1824
02:33:18,400 --> 02:33:18,660
I don't know.

1825
02:33:20,610 --> 02:33:21,010
I don't know.

1826
02:33:22,170 --> 02:33:22,910
Please call.

1827
02:33:23,230 --> 02:33:23,750
We will.

1828
02:33:23,930 --> 02:33:24,810
On to member Lopez.

1829
02:33:25,410 --> 02:33:26,030
On to member Heinz.

1830
02:33:26,090 --> 02:33:26,270
No.

1831
02:33:26,850 --> 02:33:28,110
On to member Skizlowe.

1832
02:33:29,270 --> 02:33:32,330
And I'm staying on this one.

1833
02:33:32,670 --> 02:33:33,490
Nice mayor, baby.

1834
02:33:35,470 --> 02:33:36,070
Mayor Furtado.

1835
02:33:38,930 --> 02:33:42,190
The license is revoked.

1836
02:33:42,930 --> 02:33:44,710
We now move to item 8.7.

1837
02:33:44,970 --> 02:33:47,910
This is a public hearing to consider the adoption of a resolution.

1838
02:33:48,110 --> 02:33:51,430
We're talking to business license for dreamy exotics.

1839
02:33:51,630 --> 02:33:54,290
Located at 835 Union Avenue, Campbell.

1840
02:33:58,860 --> 02:34:02,580
Mayor, I'm a council member's last application item for you this evening.

1841
02:34:03,480 --> 02:34:04,220
One second.

1842
02:34:11,860 --> 02:34:14,540
As mentioned, dreaming exotics at 835 Union.

1843
02:34:15,160 --> 02:34:21,160
Three pieces of evidence before you today, supporting staffs recommendation to revoke the business license.

1844
02:34:21,720 --> 02:34:26,200
Again, to disclose, as of today, there is no tobacco retailer permit.

1845
02:34:26,580 --> 02:34:30,540
That was revoked by the notice of intent back in June.

1846
02:34:30,600 --> 02:34:34,020
We did not receive an appeal thus today that cannot sell tobacco.

1847
02:34:34,340 --> 02:34:38,160
The item before you today is solely to also revoked a business license.

1848
02:34:38,160 --> 02:34:46,100
March 5th, 2025 inspection by Campbell Police identified a large amount of flavor tobacco on display and items also containing

1849
02:34:46,100 --> 02:35:00,120
silo-sciven and cannabis THC and identified it in Marine. Campbell Police officer sees over 700 tobacco flavored items, over 400 items with THC and over 20 items with silo-sciven.

1850
02:35:00,120 --> 02:35:07,880
February 22nd, 2026, an other inspection by Campbell Police identified silocibum products and flavor

1851
02:35:07,880 --> 02:35:15,900
neck-to-team for sale, separately in two instances, both in February 2025 and April 2025,

1852
02:35:16,820 --> 02:35:23,960
police officers found folks trying to burglarize or have forced entry into the business

1853
02:35:23,960 --> 02:35:27,540
presumably to obtain access to those illegal products.

1854
02:35:29,300 --> 02:35:33,220
Again, as mentioned, there is no appeal before you tonight of the Tobacco Retailer Permit.

1855
02:35:33,340 --> 02:35:37,280
You are solely deciding on working to business license.

1856
02:35:37,320 --> 02:35:44,160
Again, based on the number of illegal sales, illegal items, both flavor to tobacco,

1857
02:35:45,260 --> 02:35:50,500
of cannabis THC and psilocybum, staff will use at least three of the five findings to

1858
02:35:50,500 --> 02:35:53,260
about the business license or warranted and recommend

1859
02:35:53,260 --> 02:35:55,160
the relocation of the business license.

1860
02:35:55,900 --> 02:35:57,360
With that, in the real quick questions,

1861
02:35:57,760 --> 02:36:01,720
as is in the police, much of detective wants to add any more

1862
02:36:01,720 --> 02:36:02,840
testimony to this.

1863
02:36:11,010 --> 02:36:13,590
There's a couple of quick things on it, so I'd like to add,

1864
02:36:13,850 --> 02:36:17,590
one being that in one of these burglaries that we went into,

1865
02:36:17,930 --> 02:36:21,470
officers also found a loaded gun in the business,

1866
02:36:21,810 --> 02:36:24,250
and then along with a large bag of more one,

1867
02:36:24,870 --> 02:36:27,530
like a Jim Bag, and that gun was related

1868
02:36:27,530 --> 02:36:32,590
related to a violent crime out of Oakland via some of the social and the crime lab.

1869
02:36:35,010 --> 02:36:39,570
And the thing being, I made multiple attempts to contact the business owner, he was extremely

1870
02:36:39,570 --> 02:36:44,610
on cooperative towards trying to resolve these issues to prevent these things being sold out

1871
02:36:44,610 --> 02:36:46,050
of his business.

1872
02:36:49,310 --> 02:36:49,710
Thank you.

1873
02:36:49,870 --> 02:36:50,250
Any questions?

1874
02:36:50,970 --> 02:36:53,270
Could you speak to that dog that was found on say?

1875
02:36:54,690 --> 02:36:56,590
I wasn't there on that, and that was happened personally.

1876
02:36:56,590 --> 02:37:00,870
I heard something about it, but I'm not aware of the circumstances of the dog.

1877
02:37:02,010 --> 02:37:11,510
I actually have the, what, there was a dog that was found there, the PCA SP.

1878
02:37:12,730 --> 02:37:13,910
The was called animal control.

1879
02:37:13,910 --> 02:37:18,610
The animal control was called to, to get that.

1880
02:37:18,930 --> 02:37:24,890
This is right by my backyard, so, but the dog went to the animal control.

1881
02:37:24,890 --> 02:37:26,990
Yeah, and it was apparently in there.

1882
02:37:30,000 --> 02:37:33,980
Members reflect that it was in that business.

1883
02:37:36,520 --> 02:37:39,100
Members are not allowed to offer testimony.

1884
02:37:39,780 --> 02:37:42,690
Okay. All right.

1885
02:37:43,650 --> 02:37:46,850
Now, these are my comments. I think it just speaks to the question of the business.

1886
02:37:48,530 --> 02:37:49,350
And they've broken us.

1887
02:37:51,680 --> 02:37:52,280
Thanks, thank you.

1888
02:37:52,280 --> 02:37:52,820
Thanks, thank you.

1889
02:37:54,380 --> 02:38:01,380
Okay. So once again, I will invite the appellant.

1890
02:38:01,380 --> 02:38:08,610
If present to speak on this matter first does the appellant wish to address the council on this matter

1891
02:38:14,740 --> 02:38:16,000
Yes, you're the appellant.

1892
02:38:29,730 --> 02:38:30,270
Okay

1893
02:38:37,410 --> 02:38:41,990
You're from to tell the truth the whole truth and nothing but the truth. Yes

1894
02:38:41,990 --> 02:38:47,590
Hey, I'm one of us fought. I'm the owner during the exotics. I just recently bought the business out

1895
02:38:49,730 --> 02:38:50,810
This April

1896
02:38:51,550 --> 02:38:53,910
If I'm not being mistaken and

1897
02:38:53,910 --> 02:39:00,750
All that happened, we had no idea to be honest, I'm just an owner, we bought out the business.

1898
02:39:01,350 --> 02:39:08,210
I wasn't told or notified about any of those stuff that happened at the business before I bought it.

1899
02:39:08,450 --> 02:39:15,910
I bought it, and I'm here to appeal to the back of my license because we has nothing to do on our end.

1900
02:39:16,250 --> 02:39:18,530
It was the previous owner's dad.

1901
02:39:19,330 --> 02:39:21,910
You know, everything that happened was their fault.

1902
02:39:22,910 --> 02:39:35,530
And I will know, I just brought out the business on April and all that beyond this irrelevant, we don't, yeah, that's pretty much it to be able.

1903
02:39:38,560 --> 02:39:38,760
Okay.

1904
02:39:39,740 --> 02:39:40,620
Thank you.

1905
02:39:41,420 --> 02:39:46,260
I will open the public here for anyone else that would like to speak on the matter.

1906
02:39:48,880 --> 02:39:48,880
Yes.

1907
02:39:58,200 --> 02:40:01,380
Do you firm to tell the truth the whole truth and nothing but the truth?

1908
02:40:01,380 --> 02:40:02,520
I do.

1909
02:40:03,460 --> 02:40:04,920
So I'm Robert Brumley.

1910
02:40:04,940 --> 02:40:06,580
I'm one of the owners of the buildings,

1911
02:40:06,760 --> 02:40:07,740
so I'm essentially the landlord.

1912
02:40:08,580 --> 02:40:12,480
So I just am coming in to verify what he said,

1913
02:40:12,640 --> 02:40:15,520
and to offer, excuse me, the music.

1914
02:40:17,120 --> 02:40:20,700
And to give a little bit more context for it.

1915
02:40:21,060 --> 02:40:22,460
First of all, just very quickly,

1916
02:40:22,740 --> 02:40:24,480
I'd like to thank the police department.

1917
02:40:25,000 --> 02:40:27,500
I came out on February 22.

1918
02:40:27,500 --> 02:40:29,320
And I think people stayed a couple of hours.

1919
02:40:29,320 --> 02:40:36,240
I think it was an officer, a cardify, remember, so to protect this site, so I want to thank for that.

1920
02:40:36,500 --> 02:40:44,440
I also want to say, we require in our leases, we don't want any illegal activity going on in the business.

1921
02:40:44,620 --> 02:40:47,580
I was very surprised to hear that this was going on.

1922
02:40:47,680 --> 02:40:54,560
The first time I heard about it was when I got the courtesy notice June 23, something like that, that it went out.

1923
02:40:54,700 --> 02:40:56,400
But the notice didn't go to the owner.

1924
02:40:56,400 --> 02:41:02,180
the owner has never received any notice. I didn't receive the first notice of this here.

1925
02:41:03,040 --> 02:41:09,280
And I received the second notice yesterday. So just to, you know, I feel there is an issue of

1926
02:41:09,280 --> 02:41:13,640
notice going on in terms of the current owner, which had nothing to do with this, you know,

1927
02:41:13,720 --> 02:41:17,940
pretty reprehensible figure. So that's just the.

1928
02:41:18,160 --> 02:41:22,660
Okay, but are you saying you own the building? I own the building, but not the

1929
02:41:22,660 --> 02:41:28,060
the business. Right, so they least from me. Okay, all right, I just wanted to clarify your

1930
02:41:28,060 --> 02:41:30,760
very eye. Thank you. First time doing this.

1931
02:41:33,810 --> 02:41:34,790
Any questions?

1932
02:41:37,170 --> 02:41:39,150
Actually, you just give testimony

1933
02:41:40,070 --> 02:41:46,790
and unless we have a question for you, then that's it. Thank you. Any, would anyone else like to

1934
02:41:46,790 --> 02:41:47,890
speak on this matter?

1935
02:41:51,590 --> 02:41:55,770
Okay, the apparent chance to come back again if you like, you can speak

1936
02:41:55,770 --> 02:41:57,430
one more time if you wish,

1937
02:42:01,120 --> 02:42:06,400
okay, so I will close the public hearing and bring this back

1938
02:42:06,400 --> 02:42:07,040
to the council.

1939
02:42:07,340 --> 02:42:12,400
I do have a question either for staff or attorney on the matter.

1940
02:42:13,080 --> 02:42:23,900
You comment on when the inspection was done, who was the owner at the time, in fact, is this

1941
02:42:23,900 --> 02:42:30,400
person now, a new owner that was not the owner at the time of the violations, and the presence

1942
02:42:30,400 --> 02:42:37,280
of civil siphon and other products, I need some clarification on that.

1943
02:42:56,260 --> 02:42:58,020
I'm sorry, battery just went out.

1944
02:42:58,600 --> 02:43:05,640
I do know that we have received an application for a new business license here, I have to

1945
02:43:05,640 --> 02:43:06,860
check if I'm fine and it's department.

1946
02:43:06,860 --> 02:43:12,720
Um, absent that, uh, again, stated plainly just for the council, there is no tobacco

1947
02:43:12,720 --> 02:43:17,760
retailer permit today. I just want to make that has been revoked. Um, but with respect

1948
02:43:18,700 --> 02:43:24,300
to, uh, the business, the location, no one, the respect to when the, the, uh, the business

1949
02:43:24,300 --> 02:43:28,320
license application came in and who was the owner on the property when the three, when the

1950
02:43:28,320 --> 02:43:33,180
two inspections, uh, uh, occurred, uh, asked to chief for to, to speak to that at the

1951
02:43:33,180 --> 02:43:34,000
information.

1952
02:43:42,160 --> 02:43:45,060
Do you affirm to tell the truth the whole truth and nothing but the truth?

1953
02:43:45,320 --> 02:43:52,720
I do. While Detective Palmer is looking up that information just based on the

1954
02:43:52,720 --> 02:43:57,360
timeliness of it, I thought it would be an important for you to give my own personal experience.

1955
02:43:58,080 --> 02:44:03,940
Two weeks ago on June 22nd, I was getting my haircut at the barber shop two doors down from this

1956
02:44:04,540 --> 02:44:11,660
spoke shop and they had to close the door because the smell of marijuana coming from the

1957
02:44:11,660 --> 02:44:16,720
business was so strong. It was coming into the barber shop and the barber told me that

1958
02:44:16,720 --> 02:44:21,340
that was a regular occurrence at that business. So I think from a timing perspective of

1959
02:44:21,340 --> 02:44:26,520
understanding what's going on in that business, whether it was a year ago or whether it

1960
02:44:26,520 --> 02:44:32,860
was two weeks ago, two weeks ago there was active marijuana use occurring at that business

1961
02:44:32,860 --> 02:44:40,900
that I personally witnessed, and I can let Detective Palmer talk about who he encountered

1962
02:44:41,810 --> 02:44:43,420
when those inspections occurred.

1963
02:45:00,000 --> 02:45:06,600
The gentleman that it just spoke, I understand he said that he was not aware of any of these things going on, because he was not the owner of the business.

1964
02:45:07,220 --> 02:45:19,000
However, when we did this initial inspection where we found the majority of these products that were seized, there was a party there who was not identified, he claimed to just be picking something up from the business.

1965
02:45:19,500 --> 02:45:26,680
But he was very well aware of what was going on, he was laughing at us, and he was refusing to cooperate with us and identify himself.

1966
02:45:27,380 --> 02:45:33,580
The cashier at the time said that he was not an employee at the business, so we didn't push the issue of identifying him.

1967
02:45:33,800 --> 02:45:38,860
However, here I have a body cam image pulled up from one of our body cams that day.

1968
02:45:39,300 --> 02:45:44,120
And I do believe that the gentleman here that I'm referring to is the gentleman that just spoke up here,

1969
02:45:44,320 --> 02:45:46,620
I'd like for you to come up and tell me if this is you or not.

1970
02:45:47,020 --> 02:45:50,100
It really does look like you'd be a student.

1971
02:46:03,620 --> 02:46:05,240
Yeah, that's okay.

1972
02:46:17,290 --> 02:46:20,550
Also, it's my belief based on seeing him in person, about times that there's the same burden.

1973
02:46:27,870 --> 02:46:28,210
All right, excuse me.

1974
02:46:28,410 --> 02:46:28,570
Excuse me.

1975
02:46:28,570 --> 02:46:29,870
Excuse me.

1976
02:46:29,870 --> 02:46:30,930
He did it.

1977
02:46:38,760 --> 02:46:40,420
This matter is before the council.

1978
02:46:41,100 --> 02:46:42,140
I have a question.

1979
02:46:43,620 --> 02:46:46,440
How does this person get a business license?

1980
02:46:46,840 --> 02:46:51,520
And what was the business license issue for if he?

1981
02:46:53,880 --> 02:47:02,240
It's the previous owner of Dreamy Exotics isn't the owner anymore, right?

1982
02:47:02,620 --> 02:47:06,860
I heard director,

1983
02:47:09,100 --> 02:47:13,720
the piece would, yes, why I'm having trouble with names tonight.

1984
02:47:15,600 --> 02:47:20,860
Now, I heard director Eastwood's testimony was that there was an application pending for a business license.

1985
02:47:20,860 --> 02:47:23,840
I don't know if it has been granted or not.

1986
02:47:24,160 --> 02:47:25,920
But what is it for?

1987
02:47:26,240 --> 02:47:28,720
If the tobacco or retailer permit was revoked?

1988
02:47:30,200 --> 02:47:39,100
The only answer I have is that there has been received in finance and application for some sort of retail permit on the property.

1989
02:47:40,720 --> 02:47:43,160
Something like a mini-marked and that's how it received.

1990
02:47:43,160 --> 02:47:52,220
I do want to reinforce the tobacco retailer permit on file is the one that has been subject to the violations and we were sent.

1991
02:47:52,220 --> 02:47:58,060
We sent all notices to the proper owner and the owner of the business that's on file with the city today.

1992
02:47:59,120 --> 02:48:03,520
And have we recently expected the business to see what's going on there?

1993
02:48:03,900 --> 02:48:10,340
Has there been a recent inspection of the business to see what it is that they're selling?

1994
02:48:10,340 --> 02:48:14,380
You're absent the test and I received from Chief Bergen,

1995
02:48:15,260 --> 02:48:17,280
Detective Palmer, you might provide more on that.

1996
02:48:22,700 --> 02:48:28,560
The most recent police report we have from the business was from February 10th.

1997
02:48:29,200 --> 02:48:36,580
This year, where we had patrol officers that went there on a call for service and they seized over 425

1998
02:48:36,580 --> 02:48:40,640
I've played for tobacco items, and so.

1999
02:48:42,340 --> 02:48:44,320
But I'm calling to this individual that spoke.

2000
02:48:44,580 --> 02:48:48,000
He said that he opened the business in April.

2001
02:48:48,860 --> 02:48:55,000
So what I'm asking is, has there been an inspection of the business since he claims?

2002
02:48:56,200 --> 02:48:58,540
We have not had an inspection of the business since then.

2003
02:48:59,060 --> 02:49:02,460
We wouldn't even be aware that it changed ownership since it hasn't been issued.

2004
02:49:03,080 --> 02:49:06,060
And also it's also very labor intensive to do these inspections.

2005
02:49:07,220 --> 02:49:13,740
Well, it seems like if there's a problem with the business and the tobacco retailer permit

2006
02:49:14,700 --> 02:49:23,140
has been revolved, there should be some attention to what business moves in there.

2007
02:49:24,120 --> 02:49:30,480
I think that tobacco, a fragment from Ron, but it's minor saying that tobacco retail

2008
02:49:30,480 --> 02:49:34,300
The current was just recently revoked after that April day.

2009
02:49:36,440 --> 02:49:42,800
So all of the inspections took place prior to the current, owner of the business.

2010
02:49:45,190 --> 02:49:49,150
I don't, I can't really speak to the owners, but that's what it seems like, yes.

2011
02:49:52,410 --> 02:50:00,650
So are we, are we looking to revoke the current, the back of license is already been revoked

2012
02:50:00,650 --> 02:50:05,490
and we're looking to revoke the business license as it exists today on that.

2013
02:50:05,490 --> 02:50:06,350
on the books.

2014
02:50:06,530 --> 02:50:06,750
So, right.

2015
02:50:07,810 --> 02:50:08,370
Okay.

2016
02:50:09,130 --> 02:50:11,990
I actually had a question about that in his testimony.

2017
02:50:13,090 --> 02:50:16,990
The President of the Environment Office, the owner, did say that he was here to appeal to

2018
02:50:16,990 --> 02:50:25,530
back old license, is that the valley outcome of this proceeding, potentially, for our city

2019
02:50:25,530 --> 02:50:26,310
attorney.

2020
02:50:26,910 --> 02:50:27,230
Excuse me.

2021
02:50:27,330 --> 02:50:31,570
I was reviewing the code, Joe, could you repeat the question?

2022
02:50:33,030 --> 02:50:38,730
During his testimony, the person who had done for himself as the owner stated that he was

2023
02:50:38,730 --> 02:50:45,770
here to appeal the tobacco license sign for the item as a genderist for the business license

2024
02:50:45,770 --> 02:50:50,530
revocation is that a request of possibility.

2025
02:50:50,990 --> 02:50:54,190
I just want to be clear on what we can consider or not.

2026
02:50:54,190 --> 02:51:03,270
the tobacco retailer permit has been revoked by the, by the, there being no appeal on the

2027
02:51:03,270 --> 02:51:12,470
notice of revocations. That and that was properly noticed because the code requires it to be sent

2028
02:51:12,470 --> 02:51:21,770
to the applicant at the address on the permit. I know it was, and that is the business address

2029
02:51:21,770 --> 02:51:32,950
Correct. Okay. So then, oh, what we're looking to revoke is the business license from somebody.

2030
02:51:34,550 --> 02:51:34,770
Oh.

2031
02:51:35,450 --> 02:51:36,070
Oh, oh, oh.

2032
02:51:36,370 --> 02:51:49,470
Ones the, well, the, yeah, for that business, we're looking to revoke the business license for this, for the particular business stated in the report.

2033
02:51:53,150 --> 02:51:54,430
Thank you.

2034
02:51:56,570 --> 02:52:20,590
Thanks. I guess I'm a little confused. I'm not sure because, you know, I know that certain licenses are able to be transferred over whereas others are not going to get brand new ones. So, where does this fall? I'm a little confused. I'm like, is this new owner still under the last license or they got a new license? Like, I'm a little confused. I'm got some clarity on that.

2035
02:52:20,590 --> 02:52:25,970
they would not be able to obtain a license for tobacco retail.

2036
02:52:30,000 --> 02:52:43,340
Business, if it's not signed tobacco, that is definitely a question that I have, it's like, what is it currently and is that like a all separate, you know, business license, like, what are we, I'm I'm very confused. I'm sorry, but yes, I want some clarity.

2037
02:52:43,780 --> 02:52:55,200
And I answered yes, the the current, the person claiming to have acquired the business would need to get a new business license, that makes sense.

2038
02:52:55,200 --> 02:52:57,720
But there is no tobacco license.

2039
02:52:58,240 --> 02:53:06,320
There is no tobacco retail license allowed for that premises for a period of one year.

2040
02:53:08,000 --> 02:53:10,880
So I'd like to make a suggestion.

2041
02:53:11,620 --> 02:53:13,900
At this point, I would recommend that for this item.

2042
02:53:14,620 --> 02:53:18,040
We continue to the next available date for a few reasons.

2043
02:53:18,840 --> 02:53:25,740
One of them, I think, first and foremost, the issue I'd ask question that we dealt with on the previous ones of both.

2044
02:53:25,740 --> 02:53:30,180
And in this case, it's still a sideburn, which is especially serious, but more over the flavor

2045
02:53:30,180 --> 02:53:30,740
tobacco,

2046
02:53:32,760 --> 02:53:37,780
the illegal items I've been seized in the flavor tobacco is moved because the tobacco

2047
02:53:37,780 --> 02:53:44,220
license in any cases has been revoked. I think there are outstanding questions about what it sounds

2048
02:53:44,220 --> 02:53:49,200
like as a permit that is sitting. Now, finance that I would like our staff to get more time

2049
02:53:49,200 --> 02:53:54,760
to review. And while I trust that our staff to their due diligence have also give more time

2050
02:53:54,760 --> 02:53:56,700
for noticing for the next hearing.

2051
02:53:56,920 --> 02:53:59,260
So that would be my recommendation at this stage

2052
02:53:59,260 --> 02:54:02,460
given the outstanding questions that it doesn't seem

2053
02:54:02,460 --> 02:54:06,180
like we'll be able to resolve up here with my appreciation

2054
02:54:06,780 --> 02:54:07,980
for all the work.

2055
02:54:08,640 --> 02:54:11,260
This site set out to me as by far the most

2056
02:54:11,260 --> 02:54:14,200
egregious of the five up here and there are significant

2057
02:54:14,200 --> 02:54:17,500
resources and police work and many, many incidents

2058
02:54:17,500 --> 02:54:20,880
that that went and that I shared another

2059
02:54:20,880 --> 02:54:22,880
and there where I think four in the South report.

2060
02:54:22,880 --> 02:54:26,340
So I appreciate that, but I think that would be best at this age.

2061
02:54:27,680 --> 02:54:32,160
I guess from my standpoint, that the most

2062
02:54:32,160 --> 02:54:34,760
egregious aspect that does is sell and sold aside,

2063
02:54:35,840 --> 02:54:40,780
which is, and I think that's under the current business license.

2064
02:54:41,360 --> 02:54:43,160
The tobacco license already has been revoked.

2065
02:54:43,660 --> 02:54:48,120
I would contend with it, should proceed ahead to revoke the business

2066
02:54:48,120 --> 02:54:51,440
license because that business was selling so the side.

2067
02:54:57,750 --> 02:55:04,170
Yeah, so for me I agree council member Lopez that this is clearly the most

2068
02:55:04,170 --> 02:55:10,850
egregious one, you know, and for us to be consistent or council even though I

2069
02:55:10,850 --> 02:55:16,070
abstained council decided to revoke and I know we are to revoke it.

2070
02:55:16,210 --> 02:55:20,510
This does, well, I'm sorry, short, I do feel like we need to revisit this because I

2071
02:55:20,510 --> 02:55:25,610
feel like there's some missing pieces or something like, you know, it doesn't seem

2072
02:55:25,610 --> 02:55:27,290
I'm the only one a little bit confused.

2073
02:55:30,740 --> 02:55:35,080
Can I just clarify with the business license, business license are an untransferable?

2074
02:55:35,360 --> 02:55:39,720
So any new owners can have new business for whatever use he's intending to use there.

2075
02:55:40,000 --> 02:55:42,600
The devacco retailer permit has been revoked.

2076
02:55:42,740 --> 02:55:47,640
The business license that's tied to that use is also being proposed to be revoked and

2077
02:55:47,640 --> 02:55:48,780
recommended by staff.

2078
02:55:49,200 --> 02:55:53,280
There's a new owner in the property and they want to exercise to do use on that property.

2079
02:55:53,420 --> 02:55:56,820
They give a chain of new business license for them and there would be nothing they've

2080
02:55:56,820 --> 02:55:58,680
at the phone for doing so.

2081
02:55:58,920 --> 02:56:00,000
I are actually the same.

2082
02:56:00,620 --> 02:56:05,540
So as the gentleman indicated that he, apparently,

2083
02:56:06,180 --> 02:56:10,860
least the business, least the operation in April,

2084
02:56:12,580 --> 02:56:15,960
I'm curious, was there any obligation

2085
02:56:15,960 --> 02:56:18,240
or what was going on, or, I mean,

2086
02:56:18,320 --> 02:56:20,680
are there just the police reporting that,

2087
02:56:20,960 --> 02:56:25,760
since this person acquired the business,

2088
02:56:25,760 --> 02:56:33,000
There was nothing that was legal about operating anything because there was no valid business

2089
02:56:33,000 --> 02:56:36,620
license and there was no valid tobacco license.

2090
02:56:36,980 --> 02:56:38,940
Am I correct with that?

2091
02:56:39,580 --> 02:56:44,960
It is simply a follow-up to the revocation on the tobacco retailer permit that the business

2092
02:56:44,960 --> 02:56:45,820
cannot operate.

2093
02:56:46,180 --> 02:56:51,460
You sell tobacco as it sits here today and this is a normality to also revoke business license

2094
02:56:51,460 --> 02:56:56,300
associated with that news, if a new owner wants to apply for a business license for a new

2095
02:56:56,300 --> 02:56:58,100
US, they would be open to do that.

2096
02:56:59,480 --> 02:57:03,320
I have one more question for the attorney. Does the owner of the building have any responsibility

2097
02:57:03,320 --> 02:57:05,280
in the matters before us tonight?

2098
02:57:13,080 --> 02:57:23,280
The owner would not be in any involvement in the decision to revoke any of the permits. The owner

2099
02:57:23,280 --> 02:57:32,220
could be held legally responsible for what was taking place on his premises in a prosecution

2100
02:57:32,220 --> 02:57:34,200
for a criminal action.

2101
02:57:36,490 --> 02:57:36,770
Thank you.

2102
02:57:38,230 --> 02:57:42,930
You know, I've got to ask a follow-up, Brian, just to make sure I understand your question.

2103
02:57:46,110 --> 02:57:51,610
To make sure I understand your comments in essence, any action we take is really tight

2104
02:57:51,610 --> 02:57:55,890
of the previous operation of the business finding new owners.

2105
02:57:57,010 --> 02:57:57,010
Okay.

2106
02:58:05,010 --> 02:58:12,830
Well, I was inclined also to indicate the same thing you did sort of continue this and discuss it further.

2107
02:58:13,110 --> 02:58:18,790
However, it does seem clear that there is no tobacco license and there is a new business license.

2108
02:58:19,150 --> 02:58:26,850
I would imagine then the current business license simply should be revoked and the whole matter should be reconsidered.

2109
02:58:26,850 --> 02:58:32,230
it seems to me that the owner of the building has a certain level of responsibility of

2110
02:58:32,230 --> 02:58:36,790
what kind of business is coming in there, who you're leasing it to, what the purpose is,

2111
02:58:37,130 --> 02:58:40,530
or do they have the proper myths. Now that's just my opinion, I am not a deterrent,

2112
02:58:41,670 --> 02:58:46,330
but I'm just offering that comment since you yourself commented to us, I'm offering another

2113
02:58:46,330 --> 02:58:53,130
comment back to you with all due respect. So, and my perspective on this is also that the

2114
02:58:53,130 --> 02:58:57,810
business license that we're reviewing you here is the business that had this

2115
02:58:57,810 --> 02:59:02,250
solicited. That is correct because that we can't revoke the new business

2116
02:59:02,250 --> 02:59:07,810
license because it's only an application, right? So if you're emotional, let's not

2117
02:59:07,810 --> 02:59:11,310
and I don't want to presume that the new business license would be doing

2118
02:59:11,310 --> 02:59:15,970
anything like that. I'm just saying that the old business license, the current

2119
02:59:15,970 --> 02:59:22,830
business license. So what I'd like to propose a motion is to revoke the

2120
02:59:22,830 --> 02:59:29,630
The business license for bringing the exotics located at 835 Union Avenue.

2121
02:59:32,200 --> 02:59:32,760
All second?

2122
02:59:34,920 --> 02:59:39,300
And if I could just make a very brief comment, I would support that for mayor for the

2123
02:59:39,300 --> 02:59:44,340
reasons that you said, I think now that I understand better from the city manager, that is

2124
02:59:44,340 --> 02:59:45,080
helpful.

2125
02:59:46,740 --> 02:59:51,480
We have a motion on the second before the council to revoke the current business license.

2126
02:59:52,100 --> 02:59:53,580
There is no tobacco license.

2127
02:59:53,580 --> 02:59:56,480
if there's no other comments by the council.

2128
03:00:00,000 --> 03:00:08,360
This, council member Heinz, council member Schizillot, aye, Vice Mayor, Vice Mayor, Vice Mayor for

2129
03:00:08,360 --> 03:00:08,660
Toto.

2130
03:00:08,820 --> 03:00:16,940
Thank you, that concludes these five items, but council is going to take a brief break here.

2131
03:00:17,080 --> 03:00:21,540
We'll come back and resume and consider the following items on our agenda.

2132
03:11:27,550 --> 03:11:35,710
A list of under new business actually should have been listed under public hearings, because it meant the qualification for that.

2133
03:11:36,690 --> 03:11:41,050
So item 9.1 will now be considered item 8.8.

2134
03:11:41,790 --> 03:11:53,450
And Sir, I know you've been here waiting a long time. I apologize for the fact that this mix-up, we should have heard this at the very beginning of ease, and it was an error, and I offer my apologies.

2135
03:11:54,990 --> 03:12:02,750
So, this is the placing the cost of abating hazardous vegetation on the property tax rules.

2136
03:12:03,490 --> 03:12:04,330
Once again.

2137
03:12:05,130 --> 03:12:05,950
I'll open it.

2138
03:12:06,230 --> 03:12:07,350
You can make the presentation.

2139
03:12:07,350 --> 03:12:08,690
First of all, I'd like to thank you.

2140
03:12:09,110 --> 03:12:10,450
Robbie, to the Community Development Director.

2141
03:12:11,310 --> 03:12:13,410
Every year you have three hearings on the weight of payment.

2142
03:12:13,610 --> 03:12:14,730
This is your third.

2143
03:12:15,490 --> 03:12:19,710
The item for your time is simply to take action to put on tax goals.

2144
03:12:19,710 --> 03:12:26,730
The cost for the abatement of the properties that you've heard back in February, which is 75 properties to abat weeds.

2145
03:12:28,310 --> 03:12:30,710
Just some note, you did take testimony in that meeting.

2146
03:12:30,970 --> 03:12:33,430
You gave direction on how to address certain properties.

2147
03:12:34,170 --> 03:12:35,750
Everything I've understood from our county.

2148
03:12:35,850 --> 03:12:36,470
We debate them off.

2149
03:12:36,630 --> 03:12:38,390
Sir, those actions have been taken.

2150
03:12:38,630 --> 03:12:42,750
Again, simply today is the measure to pay the abatement of those.

2151
03:12:43,150 --> 03:12:44,750
With that, I have nothing for to add.

2152
03:12:44,850 --> 03:12:45,690
We do have the county.

2153
03:12:45,690 --> 03:12:51,810
We debate and Andrew here at Gerrard, who can answer any questions, and of course, has been waiting patient. Thank you.

2154
03:12:53,650 --> 03:12:58,720
Any questions from Council? First of all, no questions.

2155
03:13:00,860 --> 03:13:10,400
I will open the public hearing and invite anyone to speak on item now called item 8.8.8.

2156
03:13:10,400 --> 03:13:15,640
Flesing the cost of abating hazardous vegetation and property tax assessment roll, would anyone

2157
03:13:15,640 --> 03:13:17,460
like to address the council on this matter?

2158
03:13:19,380 --> 03:13:20,980
No one's online, I presume.

2159
03:13:23,200 --> 03:13:28,360
Close the public hearing and bring it back to council for discussion or emotion.

2160
03:13:33,560 --> 03:13:37,200
I will actually make the motion that the City Council will adopt a resolution placing the

2161
03:13:37,200 --> 03:13:42,180
cost of abating hazardous vegetation on the property tax assessment roll.

2162
03:13:42,180 --> 03:13:53,620
I'll second. Motion by me. Second by the vice mayor. If there's no further comment, roll, cold, please.

2163
03:13:54,340 --> 03:13:58,480
Councilmember Lopez. Councilmember Heinz. Councilmember Skizola.

2164
03:13:58,940 --> 03:14:01,300
Aye. Vice mayor, by me. All right. Mayor for total.

2165
03:14:01,720 --> 03:14:01,720
Aye.

2166
03:14:04,650 --> 03:14:07,810
That does conclude now. The public hearings.

2167
03:14:09,230 --> 03:14:11,590
Thanks for your attendance. What's again?

2168
03:14:16,370 --> 03:14:23,410
Also, so now we go to new business and the item we have here now is the authorization

2169
03:14:23,410 --> 03:14:32,570
to submit to one bay area grant, OBAG Oback Application, and if you do, we'll make the presentation.

2170
03:14:37,650 --> 03:14:37,970
Good evening.

2171
03:14:38,770 --> 03:14:40,470
Mayor Ferdado, members of the City Council.

2172
03:14:41,530 --> 03:14:46,090
The VDA has issued a call for projects for the one bay area grant program.

2173
03:14:46,090 --> 03:14:52,110
After considering a number of projects, staff is recommending submitting one grant application,

2174
03:14:52,890 --> 03:14:57,090
and that is for the Cable PDA Enhancements phase three project.

2175
03:15:00,000 --> 03:15:06,200
The intersection of civic center drive and Harrison Avenue, it's the signalized intersection next to the Campbell Library.

2176
03:15:07,380 --> 03:15:21,120
Current condition of the intersection is skewed. It has a large triangular island that splits Harrison Avenue and has high traffic speeds turning onto an off of Harrison Avenue.

2177
03:15:21,120 --> 03:15:32,420
The Provost project would reshape the intersection to a normal T intersection, eliminate the large island in the middle and spur off the corners of the intersection to slow down traffic.

2178
03:15:33,880 --> 03:15:37,800
The project cost estimate is $1.77 million.

2179
03:15:39,440 --> 03:15:46,140
Congressmen, Sam McCarton secured a $250,000 federal grant so that the unfunded portion

2180
03:15:46,140 --> 03:15:49,340
of the project is now $1.52 million.

2181
03:15:50,340 --> 03:15:58,740
The grant program requires a minimum local match of 11.47%, but staff is recommending a 21%

2182
03:15:58,740 --> 03:16:02,980
local match due to the competitive nature of the grant program.

2183
03:16:02,980 --> 03:16:13,860
General Fund and Measure K are potential fund sources for the local match should the city be awarded a grant for the project.

2184
03:16:13,960 --> 03:16:20,040
Staff will return at a future council meeting to recommend the fund source for the local match.

2185
03:16:20,280 --> 03:16:22,020
And that concludes my presentation.

2186
03:16:23,700 --> 03:16:25,800
Any questions for Matthew?

2187
03:16:27,100 --> 03:16:42,800
Do you know off-hand if the city actually did get the grant and therefore we would pay for 21% or possibly what that would be?

2188
03:16:43,460 --> 03:16:45,100
320,000.

2189
03:16:45,280 --> 03:16:46,280
320,000.

2190
03:16:47,300 --> 03:16:48,280
Thank you.

2191
03:16:51,200 --> 03:16:53,580
I guess no comments at the present time.

2192
03:16:54,600 --> 03:16:58,840
Is there anyone in the audience who would like to speak on this matter, the application?

2193
03:17:01,220 --> 03:17:04,880
Thank you. Seeing none. What is the pleasure of the council?

2194
03:17:10,820 --> 03:17:17,360
I will make the motion at the City Council adopt a resolution authorizing the public works director to submit the one big

2195
03:17:17,360 --> 03:17:26,000
30 of grant. I'm cycle four, oh, back four program grant application for the Campbell

2196
03:17:26,000 --> 03:17:34,640
Priority Development Area PDA, enhancements phase three project PDA phase three.

2197
03:17:35,720 --> 03:17:39,200
All second. The motion at a second. Any comments?

2198
03:17:41,650 --> 03:17:43,110
Okay, please call the roll.

2199
03:17:44,710 --> 03:17:45,510
Thank you.

2200
03:17:45,510 --> 03:17:52,150
Councilmember Lopez, Councilmember Heinz, Councilmember Skizola, Vice Mayor Bobby, I thank you for

2201
03:17:52,150 --> 03:17:52,550
coming.

2202
03:17:53,070 --> 03:17:54,030
All right.

2203
03:17:55,030 --> 03:17:56,650
Now go to the next item.

2204
03:17:56,850 --> 03:18:04,550
The authorization of fiscal year 2026-27, Measure O tax rate resolution,

2205
03:18:14,720 --> 03:18:15,660
Director of Finance

2206
03:18:15,660 --> 03:18:17,740
will give the staff presentation.

2207
03:18:18,480 --> 03:18:19,280
Thank you.

2208
03:18:27,730 --> 03:18:59,240
So, I'm here, I'm here, I'm here before Hackelsol to seek an authorable for the F-I-Tool or the F-I-Tool.

2209
03:18:59,240 --> 03:19:11,160
you will pay to a council each year. As on the, a council and the public, a will have a

2210
03:19:11,160 --> 03:19:27,430
of the World Health, I'm a public approved in 18, a deal bond, up to us for the up to

2211
03:19:27,430 --> 03:19:39,410
of a million in our total to construct a new police building.

2212
03:19:40,810 --> 03:19:46,970
You've had to, that is a net open.

2213
03:19:47,810 --> 03:19:58,110
And also to construct a new, a new, a new, a new, a new, a new, a new, as well.

2214
03:19:59,630 --> 03:20:21,450
As part of the field line, okay, I'll hand it to the issue of the idea to pay for the

2215
03:20:21,450 --> 03:20:36,470
projects and in curdom, that payments of about two points, two points, six million in.

2216
03:20:39,230 --> 03:20:51,130
They are a set to an engine of an FYI to hire a 20-foot, 20-steady of 51,

2217
03:20:53,210 --> 03:20:58,530
and until until that time,

2218
03:20:58,530 --> 03:21:04,590
The death of Hapayna's son, R.E.E.

2219
03:21:04,590 --> 03:21:05,450
I did a

2220
03:21:10,890 --> 03:21:16,870
back-ax on a property on this public.

2221
03:21:18,610 --> 03:21:21,970
I don't wish a poem on the...

2222
03:21:25,230 --> 03:21:27,040
I show the...

2223
03:21:27,470 --> 03:21:30,690
That's right, of us on the...

2224
03:21:32,030 --> 03:21:38,030
And that, they were on the whole off-road,

2225
03:21:42,140 --> 03:21:48,010
pre-stem our time to a certain point.

2226
03:21:50,070 --> 03:21:53,670
And now, I'm a deputy, I will have also

2227
03:21:53,670 --> 03:21:57,310
an increase in AV amounts.

2228
03:21:58,390 --> 03:22:06,150
They are expected to stay the same for law enforcement.

2229
03:22:06,150 --> 03:22:18,730
they're proposed to us, they're the same for the career and also on the net,

2230
03:22:22,180 --> 03:22:23,340
the deer as well.

2231
03:22:23,820 --> 03:22:27,060
And then on other time on the...

2232
03:22:31,720 --> 03:22:59,680
I'm so up, so up, so up, so up, so before I, I also, is on the day of war, is the war, the war, the war, the war, the war, the

2233
03:23:08,600 --> 03:23:11,620
And I will end it

2234
03:23:19,590 --> 03:23:22,270
from the council or also be.

2235
03:23:24,800 --> 03:23:25,820
Thank you.

2236
03:23:25,860 --> 03:23:27,420
Any questions at this point?

2237
03:23:27,640 --> 03:23:29,060
Members of the council.

2238
03:23:30,460 --> 03:23:33,960
I just did have a question on the last slide if you could.

2239
03:23:33,960 --> 03:23:43,460
So that back at the, you showed is $17,000 per $100,000 for 26.7. And you feel that the trend

2240
03:23:43,460 --> 03:23:51,320
is going to, that's going to diminish over time. It's the, which is terrific. And it's already

2241
03:23:51,320 --> 03:23:59,580
below the original estimate that, that I'm asking for that from yesterday. Yeah, so it's, so

2242
03:23:59,580 --> 03:24:17,920
Over time, a question of the test goes as a result of the measures are expected to increase,

2243
03:24:18,780 --> 03:24:28,860
and if the two increase, then we are able to bring down the right

2244
03:24:30,170 --> 03:24:39,130
over time. If they can continue on the other,

2245
03:24:41,610 --> 03:24:46,470
on the other hand, at the end of the

2246
03:24:46,470 --> 03:24:56,010
And they could be about eight,

2247
03:24:58,370 --> 03:25:00,930
eight, eight, eight hours of

2248
03:25:05,730 --> 03:25:07,850
a year or another.

2249
03:25:39,460 --> 03:25:46,920
In the evening, Steve Sanders, Campbell property owner, low mayor, vice mayor, Council members.

2250
03:25:48,260 --> 03:25:54,200
Again, I'm going to ask you to adopt an ordinance, the ordinance just because it's really hard to do.

2251
03:25:54,380 --> 03:26:02,660
Even if it's hard to do, to limit the reduction in the tax rate, to no more than 2% every year.

2252
03:26:03,120 --> 03:26:10,960
Now, the staff report shows that we're going to have $17,000 per month for this year and next year.

2253
03:26:10,960 --> 03:26:35,040
Something with that, what I envision or what I'm requesting is that that next rate after that would not be any lower than $16 and $66 or $67 per 100,000, that would correspond to a 2% reduction in that offset 2% automatic increase that every property is given now.

2254
03:26:35,040 --> 03:26:38,040
So the net effect of all that is if this were adopted,

2255
03:26:40,120 --> 03:26:43,100
and the council and staff chose to follow it,

2256
03:26:43,660 --> 03:26:52,220
that each year the rate would drop the base. Every house would be raised 2%, the dollar amount

2257
03:26:52,220 --> 03:26:57,420
that any taxpayer would reach to half the pay would remain constant until the things you tire.

2258
03:26:58,740 --> 03:27:07,140
So what I've done with this graph that I've shown to you is to look at, first of all, the

2259
03:27:07,140 --> 03:27:13,900
green line kind of downperts a bottom is the same thing you saw in your staff report or

2260
03:27:13,900 --> 03:27:16,400
mathematically better be the same thing.

2261
03:27:16,400 --> 03:27:28,620
The middle line is my proposal to limit the reduction to V98% of what it was last year or down 2%.

2262
03:27:28,620 --> 03:27:30,880
That shows another declining line.

2263
03:27:31,960 --> 03:27:39,280
And the last one, the top one across the top, is the staff report mentioned the possibility of just maintaining 70 dollars.

2264
03:27:39,660 --> 03:27:41,360
You didn't get one?

2265
03:27:44,140 --> 03:27:47,860
So basically, there's three different approaches.

2266
03:27:48,660 --> 03:27:52,180
The one that essentially pays the minimum, we pay all the way through.

2267
03:27:52,340 --> 03:27:56,480
If we limited the reduction to offset the property tax increase,

2268
03:27:57,100 --> 03:27:58,740
we get done a couple of years earlier.

2269
03:27:59,100 --> 03:28:01,820
And if we did 17%, we've done five years earlier.

2270
03:28:02,400 --> 03:28:05,240
That does not count interest on us.

2271
03:28:06,040 --> 03:28:08,800
That money, which would come in.

2272
03:28:08,800 --> 03:28:16,960
and it doesn't talk about calling things, it's just a way to guide the future. Thank you.

2273
03:28:17,260 --> 03:28:20,660
Okay. Any other questions?

2274
03:28:23,610 --> 03:28:29,030
I did have a follow-up sort of comment question to your testimony myself actually.

2275
03:28:29,770 --> 03:28:34,590
This is a bond of schedule to go for another 25 years.

2276
03:28:35,810 --> 03:28:44,030
So, people who are currently the owners, if they follow what I think you're saying, they

2277
03:28:44,030 --> 03:28:49,790
be sort of paying sort of a higher rate, the real benefit would come in the latter part

2278
03:28:49,790 --> 03:28:55,070
of the years when many of the owners either wouldn't be here or they may have sold their property

2279
03:28:55,530 --> 03:29:03,450
in the meantime, so the new owners or the surviving persons would benefit from the sacrifice

2280
03:29:03,450 --> 03:29:10,710
that people presently would have to make, because they'd be paying a higher amount, in other words,

2281
03:29:10,990 --> 03:29:18,810
it's not... Yes, you've finished it earlier, but the people live today, or owning the property today,

2282
03:29:19,850 --> 03:29:27,430
seemed to be more now, and they may not be here to see the benefit that many years later.

2283
03:29:28,870 --> 03:29:29,950
I disagree.

2284
03:29:32,330 --> 03:29:45,870
Basically, we have two new facilities. And as you know by slowing the rate drop people pay more in front, that's where the maximum benefit from our new facilities will come.

2285
03:29:46,070 --> 03:29:54,910
If you get out 25 years, we may be starting to feel a little cramped or the wood out here and needed to be treated more or something.

2286
03:29:54,910 --> 03:29:57,010
So I would argue that...

2287
03:30:00,240 --> 03:30:03,960
Now, is actually more representative of where the benefit for the community would

2288
03:30:10,740 --> 03:30:12,960
be.

2289
03:30:16,620 --> 03:30:17,220
All

2290
03:30:26,880 --> 03:30:32,800
right, so we're going to speak tonight. Yeah, well, I just moved to authorize the twenty twenty six,

2291
03:30:32,920 --> 03:30:35,940
measure, tax rate gas presented by staff.

2292
03:30:37,940 --> 03:30:41,980
Motion and motion and a second, any further comment.

2293
03:30:41,980 --> 03:30:44,720
Back, I'll just make a brief comment.

2294
03:30:44,720 --> 03:30:45,680
I'll just make a brief comment.

2295
03:30:46,320 --> 03:30:48,860
See, if any of you should before in our early setting session,

2296
03:30:49,160 --> 03:30:53,020
I think it's an idea that's worth continuing to discuss,

2297
03:30:53,340 --> 03:30:56,420
as the rate for next year is planned to be the same,

2298
03:30:56,640 --> 03:30:58,460
and so it doesn't preclude us from,

2299
03:30:58,460 --> 03:31:00,960
or really future councils from considering that.

2300
03:31:01,520 --> 03:31:03,600
So I appreciate your grad, you can see.

2301
03:31:04,980 --> 03:31:09,860
And I, you know, about predisposing myself,

2302
03:31:09,860 --> 03:31:13,000
I think it's worth it, it's got some.

2303
03:31:13,020 --> 03:31:13,840
Thank you.

2304
03:31:17,690 --> 03:31:19,010
Okay, there's no other comment.

2305
03:31:19,550 --> 03:31:20,050
Roll please.

2306
03:31:20,410 --> 03:31:20,930
Thank you.

2307
03:31:20,930 --> 03:31:21,730
You should do a cool.

2308
03:31:21,990 --> 03:31:23,010
Councilmember Lopez.

2309
03:31:23,590 --> 03:31:24,310
Councilmember Heinz.

2310
03:31:24,870 --> 03:31:25,850
Councilmember Skizola.

2311
03:31:26,430 --> 03:31:27,310
Vice Mayor, by me.

2312
03:31:27,690 --> 03:31:28,530
I'm Mayor Frickado.

2313
03:31:30,930 --> 03:31:31,290
Okay.

2314
03:31:33,290 --> 03:31:40,610
So now we move on to the item that had been listed as 9.4.

2315
03:31:40,610 --> 03:31:45,850
a third-party building plan, the third-party building plan, check and instruction.

2316
03:31:50,010 --> 03:31:53,770
Our familiar council members, I promise you, this is the last time I speak to you tonight.

2317
03:31:55,010 --> 03:31:58,390
I give a little bit of an hour. I'm going to try and keep this 50 and quick.

2318
03:31:59,170 --> 03:32:05,950
As you know, we maintain a bench of third-party consultants to support our building division and plan check and inspection.

2319
03:32:05,950 --> 03:32:10,730
The need sometimes is expertise, if need a structural engineer, which we don't have on call.

2320
03:32:11,190 --> 03:32:16,970
Our Thursday surge in permits where it overwhelms our staff and we need to send it out for the third party plan check our inspection.

2321
03:32:17,850 --> 03:32:21,550
Our current list, which was established in 2020, is experienced.

2322
03:32:22,270 --> 03:32:24,590
We went through a procurement process early this year.

2323
03:32:24,810 --> 03:32:28,710
We reached out across state to ask for new firms who would like to be our list.

2324
03:32:29,330 --> 03:32:31,570
We got a big response.

2325
03:32:32,710 --> 03:32:36,610
in folks asking beyond the Campbell Third Party list.

2326
03:32:37,250 --> 03:32:43,170
From that list, our building official in staff has reviewed and recommended that the city

2327
03:32:43,170 --> 03:32:46,310
move forward with executing agreements with six consultants.

2328
03:32:46,330 --> 03:32:49,210
We'll provide third party plan check in the inspection.

2329
03:32:50,590 --> 03:32:55,750
We are asking for more consultants and a bigger budget over the next three years.

2330
03:32:55,950 --> 03:33:01,050
Three things driving that, number one we've learned having a deeper bench helps out on flexibility

2331
03:33:01,050 --> 03:33:08,870
on the type of service you need versus a smaller bench, so having six firms can provide that skill set for the type of project that comes in.

2332
03:33:09,350 --> 03:33:19,930
Two, we've ventured more into using third-party inspection, which our building official has helped sell, especially big projects, like town homes, where you have one dedicated person to inspect it,

2333
03:33:19,930 --> 03:33:23,130
and you can free up our inspectors to deal with the diversity of other projects.

2334
03:33:23,130 --> 03:33:28,710
And three, as you know, due to our own ambitious housing element and the state's ambitious housing goals,

2335
03:33:28,950 --> 03:33:33,730
we've seen a progressive increase in housing permits coming through the city of the last couple years,

2336
03:33:33,870 --> 03:33:36,910
at least a 9% growth in building permits coming through the building division.

2337
03:33:37,510 --> 03:33:42,170
All through those factors, point two, increase need for third-party inspection in plan check,

2338
03:33:42,310 --> 03:33:52,290
and just for a customer's, would like to remind our council, all funds that pay for the service are paid for by permit fees and plan check fees that come into the building division.

2339
03:33:52,290 --> 03:33:55,210
that there is no impact on the general fund of the city.

2340
03:33:56,070 --> 03:34:01,230
With that, I will wrap up and do recommend a big adopt the resolution of proving that consultant

2341
03:34:01,230 --> 03:34:07,530
service agreements for the six firms and authorize a city manager to amend negotiate and execute

2342
03:34:07,530 --> 03:34:08,590
the service contracts.

2343
03:34:09,310 --> 03:34:14,410
Avail for questions are building official Bob Lennon has also been patiently waiting and he's

2344
03:34:14,410 --> 03:34:15,630
available for questions also.

2345
03:34:16,010 --> 03:34:17,110
Thank you.

2346
03:34:17,330 --> 03:34:17,630
Thank you.

2347
03:34:18,230 --> 03:34:18,810
Questions?

2348
03:34:20,790 --> 03:34:27,610
questions is anyone wish to speak on this matter you know request what is the

2349
03:34:27,610 --> 03:34:28,890
pleasure of the council

2350
03:34:32,500 --> 03:34:38,380
I move the staff recommendation second motion by the

2351
03:34:38,380 --> 03:34:42,020
vice mayor second by council member look as roll call please

2352
03:34:42,980 --> 03:34:48,440
council member Lopez council member Heinle council member she's a lot nice mayor by

2353
03:34:50,060 --> 03:34:52,460
Thank you.

2354
03:34:53,020 --> 03:34:53,140
Thank you.

2355
03:34:53,140 --> 03:34:55,700
We now move to the next item.

2356
03:34:56,100 --> 03:35:00,760
The resolution of proving the new classification specification for the city attorney.

2357
03:35:01,560 --> 03:35:03,840
And I'm speaking city managers.

2358
03:35:04,380 --> 03:35:04,920
Oh, I'm sorry.

2359
03:35:05,440 --> 03:35:06,300
The personal director.

2360
03:35:07,040 --> 03:35:07,060
Amy.

2361
03:35:07,240 --> 03:35:07,840
Follow us.

2362
03:35:09,500 --> 03:35:09,520
Yeah.

2363
03:35:09,880 --> 03:35:10,920
Oh, where are you?

2364
03:35:11,100 --> 03:35:11,580
Good evening.

2365
03:35:11,860 --> 03:35:13,080
Honorable Mayor and council members.

2366
03:35:13,320 --> 03:35:14,000
I'm Ada Chang.

2367
03:35:14,180 --> 03:35:14,940
I'm a resources manager.

2368
03:35:15,920 --> 03:35:19,100
The item I'm bringing forward to you today is a resolution.

2369
03:35:19,100 --> 03:35:24,540
approving the new jobs specifications for city attorney. As you know, our long-standing city

2370
03:35:24,540 --> 03:35:29,420
attorney, Bill Solicum, will be retiring at the end of this year. And since his appointment

2371
03:35:29,420 --> 03:35:35,160
as the city attorney in 1987, Mr. Solicum's firm has provided several services to the city

2372
03:35:35,160 --> 03:35:41,700
in and of council relationship, with Etchston, Burstown and Condadia Law Firm. Mr. Solicum's

2373
03:35:41,700 --> 03:35:47,340
contract doesn't include a monthly retainer fee covering 100 billable hours per month, with additional

2374
03:35:47,340 --> 03:35:54,700
our relief fees for additional or excess services that are in access of covering the

2375
03:35:54,700 --> 03:36:00,560
of the retainer. March 31st City Council expressed an interest in transitioning the city

2376
03:36:00,560 --> 03:36:05,500
attorney role to a full-time in-house attorney model and directed staff to develop

2377
03:36:05,500 --> 03:36:10,100
and appropriate city attorney jobs specification. So the recommended city attorney

2378
03:36:10,100 --> 03:36:14,720
classification specification being brought forward to you today, reflects the current city

2379
03:36:14,720 --> 03:36:19,720
attorney's duties, and adds additional breadth that would be expected for a full-time in-house

2380
03:36:19,720 --> 03:36:20,300
position.

2381
03:36:21,140 --> 03:36:24,860
It's also understood that, at the time of recruitment, the City Council can direct

2382
03:36:24,860 --> 03:36:30,380
staff to advertise the position to encompass all areas of municipal law, or focus on

2383
03:36:30,380 --> 03:36:35,300
candidates with specific specialty areas who can still oversee consultants or other staff handling

2384
03:36:35,300 --> 03:36:37,620
other areas pertaining to municipal law.

2385
03:36:38,280 --> 03:36:43,780
This position will be appointed by and report to City Council, and they will also serve

2386
03:36:43,780 --> 03:36:47,160
the city's executive leader as the city's executive leader in all the

2387
03:36:47,160 --> 03:36:50,560
full matters for change to the city. So I'm like that, but I think this is my

2388
03:36:50,560 --> 03:36:53,520
presentation and I'm opening to any questions that you may have.

2389
03:36:53,980 --> 03:36:56,440
Thank you, Ada. Questions by the council?

2390
03:37:01,380 --> 03:37:02,680
Does anyone wish to speak of this

2391
03:37:02,680 --> 03:37:03,460
matter?

2392
03:37:05,970 --> 03:37:08,210
Apparently not. So what is the pleasure of the council?

2393
03:37:11,270 --> 03:37:14,610
I'll make a motion that we adopt the resolution, proving the new

2394
03:37:14,610 --> 03:37:17,170
classification specification for city attorney.

2395
03:37:17,170 --> 03:37:22,650
Our second motion in the second. If no comment, go cold.

2396
03:37:24,110 --> 03:37:24,930
Council member Lopez.

2397
03:37:25,430 --> 03:37:26,230
Council member Heinz.

2398
03:37:26,510 --> 03:37:26,970
Aye. Council members.

2399
03:37:30,000 --> 03:37:43,600
Thank you. Item number 10, we have no unfinished business. We now go to council committee reports. So who would like to start?

2400
03:37:46,450 --> 03:37:47,590
Well, does you want to look?

2401
03:37:50,350 --> 03:37:55,470
Sure. VTA held a special

2402
03:37:56,610 --> 03:38:03,730
technically it's regular meeting but on June 26th of Friday morning,

2403
03:38:04,270 --> 03:38:13,850
which is not our usual time, but in lieu of a July meeting as we're out for the summer.

2404
03:38:13,850 --> 03:38:22,330
So major, I don't know, that was a big decision on the Barc Project, essentially, the

2405
03:38:22,330 --> 03:38:30,030
decision was made to break what was previously a large upwards of almost 5 billion with

2406
03:38:30,030 --> 03:38:42,410
a B dollar contract for the Barc Project into a relatively smaller $2.4 billion by a $400 million

2407
03:38:42,410 --> 03:38:48,950
which was voted on and the idea to break that up in the smaller pieces that more bidders

2408
03:38:48,950 --> 03:38:55,690
can potentially bid on and get a better price for it. It did result in significance

2409
03:38:55,690 --> 03:39:02,050
every hundred millions of dollars in savings for that project while keeping the work

2410
03:39:02,050 --> 03:39:07,890
along on schedule. So I think that was, that's what I mean before.

2411
03:39:09,290 --> 03:39:11,610
It still has a lot of zeroes after it.

2412
03:39:13,290 --> 03:39:13,310
Yeah.

2413
03:39:13,310 --> 03:39:13,810
Don't know.

2414
03:39:14,050 --> 03:39:14,350
Nevermind.

2415
03:39:15,270 --> 03:39:15,390
Yeah.

2416
03:39:15,650 --> 03:39:20,950
Sergeant Matt Ryan described the incident around the police officers association labor meeting

2417
03:39:20,950 --> 03:39:22,890
on June 10th.

2418
03:39:23,430 --> 03:39:24,830
I had our last council meeting.

2419
03:39:25,170 --> 03:39:28,850
He said a council member yelled at police vehicles and invited to officers.

2420
03:39:29,270 --> 03:39:31,230
They should leave the community center.

2421
03:39:31,870 --> 03:39:36,850
Sergeant Ryan felt employees will feel hostility or criticism exercising their lawful rights

2422
03:39:36,850 --> 03:39:37,450
for collecting.

2423
03:39:38,730 --> 03:39:41,090
I asked the staff to conduct an investigation

2424
03:39:41,090 --> 03:39:44,270
to the Council Member's actions on June 10th.

2425
03:39:44,390 --> 03:39:45,870
I asked a specifically review

2426
03:39:45,870 --> 03:39:48,090
if there is any California code violation

2427
03:39:48,610 --> 03:39:51,210
of employer interference by the Council Member.

2428
03:39:51,930 --> 03:39:54,410
I proposed a motion to agenda is the review

2429
03:39:54,410 --> 03:39:57,310
of the Council Member's actions on June 10th.

2430
03:40:01,320 --> 03:40:04,420
I think we have a lot of staff time

2431
03:40:04,420 --> 03:40:07,140
that doesn't need to be wasted on something like this,

2432
03:40:07,140 --> 03:40:13,000
especially when you don't know the full story and it's accuracy of

2433
03:40:13,000 --> 03:40:13,620
a veracity.

2434
03:40:17,430 --> 03:40:19,770
Can the council member elaborate on the full story?

2435
03:40:21,170 --> 03:40:25,690
No, but I will tell you that city manager that had a long conversation

2436
03:40:25,690 --> 03:40:27,650
and others as well.

2437
03:40:28,330 --> 03:40:32,810
So I'd be happy to have a conversation with you as well, but this is

2438
03:40:32,810 --> 03:40:33,890
inappropriate in my mind.

2439
03:40:38,680 --> 03:40:42,500
Well, I can say that this is the second time that a member has

2440
03:40:42,500 --> 03:41:02,580
approach the dumbass or the podium with allegations about a council member's behavior, and in order to respond to the public in a transparent way, the two facts should be investigated so that the council can respond appropriately.

2441
03:41:04,320 --> 03:41:11,540
to receive confidence at a or request where the council is not able to defend itself or defend

2442
03:41:11,540 --> 03:41:16,600
the council member really puts us in a very awkward position.

2443
03:41:18,840 --> 03:41:21,000
I'll just comment briefly.

2444
03:41:21,360 --> 03:41:28,320
I don't know anything at all about this beyond what was said, and I'm like I don't have

2445
03:41:28,320 --> 03:41:35,180
facts given that it is something the comment that was made that that has implications for

2446
03:41:35,180 --> 03:41:42,580
other council as represented. I will second that motion I think as was said if the full story is

2447
03:41:42,580 --> 03:41:48,560
not known then they will come out and if there's nothing to it then that will mount and

2448
03:41:52,280 --> 03:41:54,240
Any comments on this?

2449
03:41:55,080 --> 03:41:56,540
I'll go ahead and say.

2450
03:42:02,970 --> 03:42:03,370
Okay.

2451
03:42:04,430 --> 03:42:08,030
Well, Mayor, I have proposed a motion.

2452
03:42:08,730 --> 03:42:09,530
And there is a second.

2453
03:42:09,650 --> 03:42:10,810
There is a book in the second.

2454
03:42:11,430 --> 03:42:12,870
I was following very more comments.

2455
03:42:13,230 --> 03:42:14,250
Currently not.

2456
03:42:14,750 --> 03:42:16,290
I will just say that.

2457
03:42:16,570 --> 03:42:17,830
I think the further action.

2458
03:42:18,510 --> 03:42:19,370
Or into the.

2459
03:42:21,820 --> 03:42:22,740
No one has a

2460
03:42:26,700 --> 03:42:26,700
question.

2461
03:42:27,140 --> 03:42:27,280
Yes.

2462
03:42:27,340 --> 03:42:27,660
Please.

2463
03:42:29,320 --> 03:42:35,360
Councilmember Lopez. Councilmember Heinz. Councilmember Shkizolo.

2464
03:42:36,520 --> 03:42:39,180
No. Vice Mayor Bibi. Mayor Fartado.

2465
03:42:39,860 --> 03:42:45,460
No. The motion is passed, so that's the city manager to it.

2466
03:42:45,960 --> 03:42:47,960
Gender is the matter for further discussion.

2467
03:42:50,970 --> 03:42:54,670
I'm sorry. I guess we're Bibi your microphone is off. I just want to know.

2468
03:42:54,750 --> 03:42:56,150
I'm sorry. I said I.

2469
03:42:56,150 --> 03:42:59,410
Sorry. Thank you for pointing it out.

2470
03:43:02,700 --> 03:43:06,910
I have nothing to report this week and I have nothing

2471
03:43:06,910 --> 03:43:12,830
for the report. So after a very long evening I thank everyone and still here and but we are

2472
03:43:12,830 --> 03:43:14,390
going to stand adjourned. Thank you.