1 00:02:08,590 --> 00:02:15,030 Members of the public are invited to provide public comment, either in person or remotely via Zoom. 2 00:02:16,590 --> 00:02:22,270 The meeting is also available with live translation in more than 60 languages through wordly. 3 00:02:22,430 --> 00:02:34,310 Translation is accessible by mobile phone, computer or video displays in the council chambers by scanning the QR code located in the upper right corner of the agenda title page. 4 00:02:34,310 --> 00:02:40,090 City staff, please verify that virtual participation is available and operating. 5 00:02:40,730 --> 00:02:41,290 We did. 6 00:02:41,570 --> 00:02:43,230 It is available and we're operating. 7 00:02:43,750 --> 00:02:44,070 Thank you. 8 00:02:44,090 --> 00:02:44,950 Thank you, Susanne. 9 00:02:45,770 --> 00:02:47,990 With that, we'll move to today's business. 10 00:02:48,670 --> 00:02:51,210 City Clerk Gassetta, please call the roll. 11 00:02:52,610 --> 00:02:53,430 Council member Chua. 12 00:02:54,570 --> 00:02:54,910 Here. 13 00:02:55,790 --> 00:02:56,650 Council member Lam. 14 00:02:57,670 --> 00:02:58,610 Council member Leanne. 15 00:03:00,970 --> 00:03:03,430 Mayor Montana is absent and vice mayor Barbedo. 16 00:03:03,430 --> 00:03:04,130 Here, 17 00:03:06,620 --> 00:03:08,880 before we add you on to the close session, 18 00:03:09,400 --> 00:03:14,020 CDA Tony Curtis, please brief the public on the close session items for today. 19 00:03:14,720 --> 00:03:15,400 Thank you, Vice Mayor. 20 00:03:15,520 --> 00:03:17,460 There's one item on for close session today. 21 00:03:17,580 --> 00:03:19,540 That is conference with the Libre negotiator. 22 00:03:19,860 --> 00:03:23,540 For soon to government code section 54957.6, 23 00:03:23,940 --> 00:03:25,400 the agency's designated representative 24 00:03:25,400 --> 00:03:28,060 is Rick Balonus, Liberty Castery, with more. 25 00:03:28,220 --> 00:03:31,460 The employee organizations are professional and technical employees, 26 00:03:31,900 --> 00:03:33,840 mid management and confidential employees. 27 00:03:33,840 --> 00:03:43,540 will be this employee association, will be this peace officer's association, informational or sorry, international association of firefighters and the unrepresented employees. 28 00:03:44,460 --> 00:03:51,960 Thank you. Before we add you on to the call session, any public comment on the call session item. 29 00:03:52,880 --> 00:03:55,300 Do we have any speakers from Zoom? 30 00:03:55,620 --> 00:03:57,540 How long would you like close session to be tonight? 31 00:03:58,040 --> 00:04:01,340 We could have speakers speak about three minutes. 32 00:04:01,620 --> 00:04:02,360 Thank you. 33 00:04:02,360 --> 00:04:04,660 We have no public speaker cards at this time. 34 00:04:05,180 --> 00:04:07,880 Now, if for those participating remotely via Zoom, 35 00:04:08,660 --> 00:04:11,580 please click the raise hand button if you wish to address the city council. 36 00:04:12,100 --> 00:04:15,480 If you're participating by telephone dial star nine to raise your hand, 37 00:04:15,720 --> 00:04:17,660 when the last four digits of your phone number are called, 38 00:04:17,660 --> 00:04:20,900 you would dial them to star six to unmute and provide your comments. 39 00:04:20,900 --> 00:04:23,420 Let us see if we have anyone via Zoom. 40 00:04:25,750 --> 00:04:28,370 We have no public speakers via Zoom. 41 00:04:31,410 --> 00:04:32,610 Thank you, Susanne. 42 00:04:33,350 --> 00:04:35,710 We now adorned to the call session. 43 00:05:07,620 --> 00:05:08,080 Good morning. 44 00:05:09,760 --> 00:05:15,220 I said you can't be other than, but I'm 45 00:05:22,230 --> 00:05:23,630 fond of 46 00:05:38,030 --> 00:05:38,090 that. 47 00:05:38,550 --> 00:05:38,550 I was, 48 00:06:04,320 --> 00:06:06,080 I was five and 49 00:06:13,380 --> 00:06:14,720 I think how do you, how do you, 50 00:06:19,980 --> 00:06:20,360 tell me, 51 00:06:29,500 --> 00:06:32,220 I'll reach any of you. 52 00:06:32,220 --> 00:06:32,920 I'll reach the 53 00:06:38,040 --> 00:06:38,460 final. 54 00:06:50,070 --> 00:06:50,850 I'll say I'll be here. 55 00:06:50,850 --> 00:06:51,690 Good thing. 56 01:31:09,940 --> 01:31:21,380 It's now about 531. We are coming back for order. We just came from a procession. Is there anything that needs to be announced? Mr. City Attorney? 57 01:31:22,040 --> 01:31:24,460 No Vice Mayor, there is no reportable action at this time. 58 01:31:24,920 --> 01:31:30,680 Thank you. Let us all rise for the pledge of allegiance. Anybody? 59 01:31:34,150 --> 01:31:35,350 Thank you. 60 01:31:48,090 --> 01:31:48,810 Thank 61 01:31:51,080 --> 01:31:53,000 you, Council Member Leane. 62 01:32:00,830 --> 01:32:04,290 The night's invocation will also be provided by Council Member Leane. 63 01:32:05,990 --> 01:32:07,870 device mayor. 64 01:32:10,370 --> 01:32:15,390 With all the catastrophes and challenges facing community across our nation, 65 01:32:15,890 --> 01:32:21,730 I wish everyone safety, good health, and peace. May we continue to look out for one another, 66 01:32:22,190 --> 01:32:28,650 support those in need, work together with compassion, strength, and hope for the better days 67 01:32:28,650 --> 01:32:30,230 ahead. Thank you. 68 01:32:33,510 --> 01:32:34,750 Thank you. 69 01:32:35,210 --> 01:32:39,970 For a public forum, we have a lot of the three minutes for each public speaker. 70 01:32:40,730 --> 01:32:47,370 Now members of the public are invited to speak on any item that does not appear on today's 71 01:32:47,370 --> 01:32:47,950 agenda. 72 01:32:48,570 --> 01:32:53,410 Public comment may be provided both live and via Zoom. 73 01:32:55,170 --> 01:32:57,690 Any comment from the public? 74 01:32:58,350 --> 01:32:58,970 Yes. 75 01:32:59,790 --> 01:33:00,630 Mr. Vice Mayor. 76 01:33:00,630 --> 01:33:02,730 We do have several public forum comments. 77 01:33:03,290 --> 01:33:08,530 The first is going to be Rob Means, followed by Karen Friedman, and then we have Tavary 78 01:33:08,530 --> 01:33:09,430 Renderosh. 79 01:33:10,250 --> 01:33:11,210 Welcome, Mr. Means. 80 01:33:14,230 --> 01:33:18,590 Good evening, Council Mayor, or Vice Mayor, I guess now. 81 01:33:19,870 --> 01:33:26,810 I'm Rob Means, I'm representing the East Valley Democratic Club today, and in particular, 82 01:33:26,810 --> 01:33:35,610 you have received a questionnaire from the club. We intend to get responses from the candidates 83 01:33:35,610 --> 01:33:42,030 here in Milpetus for both Council and Mayor. And then post those online so that people, 84 01:33:43,370 --> 01:33:50,050 voters can really look into how you feel about a whole variety of issues that are, 85 01:33:51,250 --> 01:34:00,630 of notes, shall we say. I imagine that some of you will find some of the questions. 86 01:34:02,690 --> 01:34:03,210 It's 87 01:34:03,210 --> 01:34:08,130 very similar to what's going on with the South Bay Labor Council. They also provide an 88 01:34:08,130 --> 01:34:12,530 them-death questionnaire, I understand. So there shouldn't be something that's terribly 89 01:34:12,530 --> 01:34:16,890 new or difficult to fill out because you probably already done it for one of the other 90 01:34:16,890 --> 01:34:22,410 questionnaires that's been happening and we look forward to getting those when we do get those 91 01:34:22,410 --> 01:34:27,170 responses will be posting them online and letting people know where they can find them. Thank you. 92 01:34:28,770 --> 01:34:34,070 Thank you. Next we have Karen Friedman and that will be followed by Cavattie. 93 01:34:46,040 --> 01:34:53,760 Good afternoon. Good afternoon. Good afternoon council and staff. My name is Karen Friedman and I've been 94 01:34:53,760 --> 01:34:56,060 I've lived in Milpitas for 43 years. 95 01:34:56,440 --> 01:35:00,840 I value my first and fourth amendment rights to speech and privacy. 96 01:35:02,900 --> 01:35:08,600 My topic is the use of flock, safety, automatic license plate, reader cameras in our city. 97 01:35:09,560 --> 01:35:15,580 Float cameras have been used in federal immigration enforcement and in cross state reproductive 98 01:35:15,580 --> 01:35:17,380 health care investigations. 99 01:35:17,380 --> 01:35:23,900 And I appreciate that Mayor Montana has been listening to my concerns about flock, and I'm 100 01:35:23,900 --> 01:35:28,520 also grateful for Captain Matt Miller of the Milpetus Police Department. 101 01:35:28,940 --> 01:35:34,840 He explained carefully how flock cameras are used currently in the and monitored in the 102 01:35:34,840 --> 01:35:35,720 city of Milpetus. 103 01:35:36,400 --> 01:35:42,440 However, my focus today is more on flock's larger business plan to provide its cameras 104 01:35:42,440 --> 01:35:50,220 and AI-powered software to the federal government for a nationwide domestic surveillance network. 105 01:35:52,630 --> 01:35:57,430 The Chinese Communist Party does not allow dissent toward the government. 106 01:35:58,010 --> 01:36:04,310 In China, there are 700 million cameras, one camera for every two persons, 107 01:36:05,070 --> 01:36:08,350 with AI-powered surveillance and facial recognition, 108 01:36:08,350 --> 01:36:13,810 the CCP can track and locate an individual in a matter of minutes. 109 01:36:15,490 --> 01:36:21,210 The surveillance plan in the U.S. is not a conspiracy theory, it is happening now. 110 01:36:22,170 --> 01:36:26,630 Cash Patels FBI issued a statement of work in May of this year. 111 01:36:26,990 --> 01:36:33,170 The FBI wants to contract with a company able to build a network of nationwide surveillance cameras. 112 01:36:33,170 --> 01:36:39,870 As a largest producer, Flock is the first in line to be awarded this contract, and Big 113 01:36:39,870 --> 01:36:44,670 Tech has already agreed to share AI technology with the federal government. 114 01:36:46,170 --> 01:36:51,070 Although Flock contracts read as all the data produced are the sole property of the 115 01:36:51,070 --> 01:36:55,410 participating jurisdictions, Flock can access and share our data. 116 01:36:56,430 --> 01:37:01,310 Fortunately, there is much publicity on this topic, and jurisdictions all over the country 117 01:37:01,310 --> 01:37:03,850 are canceling contracts with flock. 118 01:37:04,970 --> 01:37:10,530 Locally the mercury just reported Stanford ditched its flock cameras and chose a different vendor. 119 01:37:10,990 --> 01:37:17,150 Santa Clara County and Mountain View have ended their contracts and Palo Alto is taking a serious look 120 01:37:17,150 --> 01:37:19,610 and there are many more. 121 01:37:20,070 --> 01:37:24,190 Captain Miller is diligent in conducting regular audits here 122 01:37:24,190 --> 01:37:29,970 and there have been no federal searches as of this point to be clear. 123 01:37:30,000 --> 01:37:37,120 I support and trust our police department and they do need effective tools for criminal investigation. 124 01:37:39,220 --> 01:37:47,960 Still, I don't want our city to be drawn into a system of nationwide surveillance by continuing its association with flock. 125 01:37:49,180 --> 01:37:50,640 Am I out of time? 126 01:37:52,360 --> 01:37:53,680 May I just do one more sentence? 127 01:37:55,060 --> 01:38:02,300 My ask is for the council and staff to further educate themselves on this topic and along with 128 01:38:02,300 --> 01:38:07,460 no Peters Police Department to find a suitable alternative to using flock in our city. 129 01:38:07,800 --> 01:38:09,100 Thank you. 130 01:38:09,100 --> 01:38:10,160 Thank you. 131 01:38:10,300 --> 01:38:11,440 Next, we have Kavari. 132 01:38:23,570 --> 01:38:24,710 Who do you need, Vice Mayor? 133 01:38:26,170 --> 01:38:29,590 And the manager and all the council members. 134 01:38:29,590 --> 01:38:41,310 I'm here following up about the small cell tower. What happened? And last time we had the meeting and we were told at the time by the city engineer. 135 01:38:42,430 --> 01:38:49,290 They're going to conduct independent company to do the testing about the radio frequency. 136 01:38:49,290 --> 01:38:55,070 And we want to know what is happening and we haven't heard anything about it. 137 01:38:55,670 --> 01:39:01,810 So most probably we are as a group will be coming for the meeting to find out what is going 138 01:39:01,810 --> 01:39:07,910 on with that and then still it is a very unsettled among all of us. 139 01:39:08,030 --> 01:39:14,050 How close to the house it is and what is really happening to anybody's health we don't 140 01:39:14,050 --> 01:39:14,750 know. 141 01:39:14,750 --> 01:39:21,030 So, that's the small things since I'm here. I doubt I'll bring it up. Thank you all. 142 01:39:22,010 --> 01:39:28,230 Thank you. Thank you for reminding us and hopefully we'll have a response soon. 143 01:39:30,740 --> 01:39:34,580 That's the last of the public speaker cards in person. Now I will ask for any public 144 01:39:34,580 --> 01:39:39,900 speakers via Zoom. If you're participating remotely via Zoom and wish to address the city council 145 01:39:39,900 --> 01:39:45,760 under public forum, please select the raise hand button. If you're participating by telephone 146 01:39:45,760 --> 01:39:52,620 I'll start nine to raise your hand when the last four digits of your phone number are called dial stars six to unmute and provide your comments. 147 01:39:52,860 --> 01:39:55,920 Are there is there anyone on zoom that wishes to address the city council. 148 01:39:57,760 --> 01:40:00,400 I have no hands raised that is the end of public forum. 149 01:40:00,640 --> 01:40:01,420 Mr. Vice Mayor. 150 01:40:02,300 --> 01:40:02,900 Thank you, Suzanne. 151 01:40:03,380 --> 01:40:09,800 So now we're moving on to the announcement of conflicts of interest and campaign contributions for both the meetings today. 152 01:40:10,280 --> 01:40:11,260 Mr. City of Tony. 153 01:40:11,900 --> 01:40:13,080 Thank you, Vice Mayor. 154 01:40:13,080 --> 01:40:18,820 This time, I would ask the mayor and each council member whether he or she has any financial or personal conflict of interest. 155 01:40:19,120 --> 01:40:22,000 Related to any of the items on tonight's agenda. 156 01:40:23,000 --> 01:40:23,580 Councilmember Chua? 157 01:40:24,220 --> 01:40:24,340 No. 158 01:40:25,040 --> 01:40:25,920 Councilmember Lam? 159 01:40:27,300 --> 01:40:27,380 No. 160 01:40:27,380 --> 01:40:28,260 Councilmember Leon? 161 01:40:29,880 --> 01:40:30,980 Vice Mayor Barbedee of? 162 01:40:31,260 --> 01:40:31,460 None. 163 01:40:33,100 --> 01:40:35,560 And Mayor, I would also ask the mayor or sorry. 164 01:40:35,800 --> 01:40:40,080 Vice Mayor, and the members of the Milpita City Council, please disclose any campaign contributions of 165 01:40:40,080 --> 01:40:45,260 dollars or more, received within the last 12 months, for many of the parties entering into contracts 166 01:40:45,260 --> 01:40:50,200 with the city on tonight's agenda, or contributions received from development project applicants 167 01:40:50,200 --> 01:40:52,920 for development projects on tonight's agenda. 168 01:40:54,000 --> 01:41:00,000 Council Member Choa, Nann, Council Member Lam, Nann, Council Member Lien, Nann, Vice Mayor 169 01:41:00,000 --> 01:41:04,360 Barbadillo, Nann, I would ask that the record reflects no reported conflicts. 170 01:41:06,670 --> 01:41:12,790 The Milpita City Council is guided by our own code of conduct. 171 01:41:13,410 --> 01:41:17,670 Anyone from us read or conduct conductives? 172 01:41:21,600 --> 01:41:27,160 If not, I would have wanted to do that. 173 01:41:27,620 --> 01:41:31,200 Milpita City Code of conduct be respectful and courtes, 174 01:41:31,200 --> 01:41:40,120 model, civility, avoid surprises, praise publicly and criticize privately, focus on the issue 175 01:41:40,120 --> 01:41:41,660 and not on the person. 176 01:41:42,480 --> 01:41:47,940 Use electronic devices appropriately while on the council days, disclose conflicts of 177 01:41:47,940 --> 01:41:51,440 interest and affiliations related to the agenda items. 178 01:41:52,120 --> 01:41:59,080 The council speaks with one voice after making policy on issues, respect the line between policy 179 01:41:59,080 --> 01:42:05,260 administration and council will hold one another accountable to comply with this 180 01:42:05,260 --> 01:42:06,580 code of conduct. 181 01:42:09,030 --> 01:42:14,010 Moving on to the approval of agenda, as anyone if there are changes, 182 01:42:16,350 --> 01:42:17,030 council? 183 01:42:18,630 --> 01:42:20,730 The announcement was approved the agenda. 184 01:42:22,010 --> 01:42:22,010 Second, 185 01:42:26,600 --> 01:42:30,940 so that was a motion by Councilor Chua, seconded by Councilmember Lianne and now 186 01:42:30,940 --> 01:42:38,900 call for the vote. Councilmember Chewa, I, Councilmember Lam, Councilmember Lien, I, Vice Mayor 187 01:42:38,900 --> 01:42:39,540 Barbara Dio. 188 01:42:43,710 --> 01:42:50,650 I, next from the item will be the consent calendar, any comments from staff or 189 01:42:50,650 --> 01:42:51,010 changes. 190 01:42:58,280 --> 01:42:59,520 Okay, the city council 191 01:43:07,460 --> 01:43:11,300 moved to approve the consent calendar. Second, 192 01:43:14,020 --> 01:43:15,540 before we take a vote, 193 01:43:15,540 --> 01:43:18,500 Any public comment on the consent calendar? 194 01:43:19,380 --> 01:43:26,680 I have no public speaker cards for the consent calendar, but I will also ask on Zoom if anyone would like to address the council on the consent calendar. 195 01:43:27,360 --> 01:43:31,720 To please raise their hand now or if they're participating by phone to please press star nine. 196 01:43:34,340 --> 01:43:36,480 I have no comments for the consent calendar. 197 01:43:38,420 --> 01:43:39,740 We will call for the vote. 198 01:43:39,940 --> 01:43:43,760 That was my motion by council member Chua and the second by council member Liam. 199 01:43:43,760 --> 01:43:51,320 Council Member Chua, I, Council Member Lam, I, Council Member Leanne, I, Vice Mayor Barbara 200 01:43:51,320 --> 01:43:51,700 Deo. 201 01:43:52,100 --> 01:43:52,100 I, 202 01:43:55,530 --> 01:44:03,450 moving on to the public, okay, we have a unanimous approving at the constant calendar 203 01:44:03,450 --> 01:44:08,110 as agenda is now moving on to the public hearings as a city manager. 204 01:44:11,550 --> 01:44:17,110 Just to vice, vice mayor, item number 13 is consider introducing an ordinance to amend the 205 01:44:17,110 --> 01:44:26,190 No, Peter's Municipal Code, Title 8, Chapter B, 0.6, B.8, C10, and E4, relating to the regulation 206 01:44:26,190 --> 01:44:27,450 of tobacco retailers. 207 01:44:28,130 --> 01:44:31,950 Our staff contact is directly directly in the planning department. 208 01:44:34,010 --> 01:44:39,010 And our recommendation from this item is that the ordinance is to exempt from the California 209 01:44:39,010 --> 01:44:45,830 Environmental Quality Act, pursuant to SQL Guidelines, Section 15183, directly. 210 01:44:48,750 --> 01:44:52,810 Good evening, Vice Mayor and Council members. 211 01:44:54,090 --> 01:44:59,970 We're here to present this item before you and we have Lily and Van Hoa, a principal planner here today. 212 01:45:00,000 --> 01:45:00,920 We'll deliver the presentation. 213 01:45:04,690 --> 01:45:11,330 Thank you, Director Lee. Good evening. Vice Mayor, council member, city manager and fellow staff. 214 01:45:12,430 --> 01:45:16,210 My name is William Van Hawa, principal planner with the City of Mopedis planning department. 215 01:45:16,910 --> 01:45:17,450 Next slide, please. 216 01:45:21,950 --> 01:45:25,790 The application before you tonight is a city initiated zoning ordinance 217 01:45:25,790 --> 01:45:32,610 text amendment to modify and add regulations to limit the concentration of tobacco retailers within the city 218 01:45:32,610 --> 01:45:35,290 and encourage responsible tobacco retelling. 219 01:45:36,110 --> 01:45:38,750 The proposed amendments would specifically prohibit 220 01:45:38,750 --> 01:45:41,950 new tobacco retailers from locating within a certain distance 221 01:45:41,950 --> 01:45:46,110 from existing tobacco retailers and youth sensitive areas 222 01:45:46,110 --> 01:45:49,910 or schools in this instance and prohibit the sale of 223 01:45:49,910 --> 01:45:53,850 flavored tobacco products and adopt other local regulatory standards. 224 01:45:55,350 --> 01:45:56,230 Next slide, please. 225 01:46:00,080 --> 01:46:03,100 Tobacco is a number one preventable cause of death in California 226 01:46:03,100 --> 01:46:06,020 nearly 40,000 deaths per year. 227 01:46:06,540 --> 01:46:09,400 In Santa Clara County, one in eight deaths annually 228 01:46:09,400 --> 01:46:11,740 is attributed to smoking-related illness. 229 01:46:13,040 --> 01:46:16,180 25.3% of Santa Clara County high school students 230 01:46:16,180 --> 01:46:17,760 have used a tobacco product. 231 01:46:18,680 --> 01:46:21,540 And E. cigarettes are the most popular tobacco product, 232 01:46:21,840 --> 01:46:25,100 with 23% of high school students having used them. 233 01:46:26,340 --> 01:46:31,400 93.1% of current teen tobacco users in current Santa Clara County 234 01:46:31,400 --> 01:46:33,900 report using a flavor tobacco product. 235 01:46:34,740 --> 01:46:37,880 And in 2019, more than 86% of tobacco retailers 236 01:46:37,880 --> 01:46:42,400 near schools sold flavored non-sigarette tobacco products. 237 01:46:43,160 --> 01:46:44,060 Next slide, please. 238 01:46:48,900 --> 01:46:50,680 And more than half of Santa Clara teens 239 01:46:50,680 --> 01:46:53,380 who may have reported purchasing their own products, 240 01:46:54,100 --> 01:46:55,640 over one and five of those teens 241 01:46:55,640 --> 01:46:57,240 by directly from a store. 242 01:46:58,140 --> 01:47:02,980 71% of in-store purchases bought out of tobacco shops, 243 01:47:02,980 --> 01:47:08,000 Smoke shop, or have been bought at a tobacco shop, smoke shop, or a fap shop. 244 01:47:08,800 --> 01:47:16,080 And nearly 81% of youth ages, 12 to 17, who used tobacco, report their first product was flavored. 245 01:47:17,240 --> 01:47:22,800 And children are more likely to experiment with tobacco when retailers are located in your homes and schools. 246 01:47:22,800 --> 01:47:24,560 Next slide please. 247 01:47:27,630 --> 01:47:38,110 So the Santa Clara County Healthy Cities Program seeks to address tobacco related health concerns by promoting policies and practices to provide tobacco free and smoke free communities. 248 01:47:39,050 --> 01:47:50,550 The Santa Clara County Public Health Department has provided funding to cities to support these tobacco prevention strategies known to have the highest impact on reducing tobacco related disparities and inequities. 249 01:47:51,330 --> 01:47:58,450 So in June, or sorry, in July of 2020, following the City Council's request to explore policies 250 01:47:58,450 --> 01:48:04,830 to discourage tobacco use and vaping by teens, the city executed a grant agreement with 251 01:48:04,830 --> 01:48:09,630 the county public health department to explore tobacco prevention policies, shown to reduce 252 01:48:09,630 --> 01:48:12,410 youth access and exposure to tobacco products. 253 01:48:13,330 --> 01:48:19,210 In June 2021, the city adopted an ordinance to prohibit smoking and multi-unit residences 254 01:48:19,210 --> 01:48:23,090 and many outdoor areas to reduce exposure to second-hand smoke. 255 01:48:24,710 --> 01:48:27,270 And then in June 21 of 2022, 256 01:48:27,990 --> 01:48:30,270 the City Council directed staff to develop 257 01:48:30,270 --> 01:48:32,870 a tobacco retail permitting program with the county. 258 01:48:33,750 --> 01:48:35,830 However, this was not ultimately executed 259 01:48:35,830 --> 01:48:39,590 due to county enforcement requirements and staffing constraints. 260 01:48:40,510 --> 01:48:55,150 And in March 29, 2024, the city was awarded a grant of $22,997 from the county to reduce the density of tobacco retailers and their location near a sensitive area. 261 01:48:56,830 --> 01:49:05,810 And on June 10th of this year in 26, the Planning Commission held a public hearing and recommended that the city council approved ordinance that is before the council tonight. 262 01:49:05,810 --> 01:49:18,060 Next I will highlight some recent state law on tobacco, SB 793 prohibits the sale of most 263 01:49:18,060 --> 01:49:26,860 flavor tobacco products statewide and it allows for a stricter local ordinances and in November 264 01:49:26,860 --> 01:49:36,480 2022 California voters voted to uphold SB 793 at the ballot box and then AB 935 strength 265 01:49:36,480 --> 01:49:42,380 enforcement of the flavor tobacco retell law. It brought in the definition of retell location. 266 01:49:44,280 --> 01:49:51,320 AB 3218 requires creation of the unflaver tobacco list by the California Attorney General. 267 01:49:52,100 --> 01:49:56,200 And lastly, state law prohibits sale of tobacco to anyone under the age of 21. 268 01:49:57,420 --> 01:49:58,120 Next slide, please. 269 01:50:04,400 --> 01:50:08,600 So there were 38 tobacco retellers within the city on the map on the screen. 270 01:50:08,600 --> 01:50:13,340 and this was developed as of February 2026. 271 01:50:14,720 --> 01:50:20,460 This, the data is from a list that's maintained by the California Department of Tax 272 01:50:20,460 --> 01:50:24,440 and the administration, also known as the CDTFA. 273 01:50:24,440 --> 01:50:31,700 However, one staff pulled the list from the CDTFA in August this month. 274 01:50:32,120 --> 01:50:34,720 There are now 42 DACA retailers within the city. 275 01:50:34,720 --> 01:50:40,400 This list is updated on a monthly basis for the CDTFA. 276 01:50:40,760 --> 01:50:47,600 It's worth noting that the list in the map does not include any retailers that are not registered with the state or selling illegally. 277 01:50:49,860 --> 01:50:57,600 The majority of these tobacco retailers are liquor stores, gas stations and grocery stores. 278 01:50:57,600 --> 01:51:07,840 Three of them are a standalone smoke tobacco shops, and areas of high concentration shown in the map are North 279 01:51:07,840 --> 01:51:19,260 Mopias Boulevard and Dixon, Dixon Landing, West Calabar as Boulevard and I680 and East Calabar as Boulevard and South Park Victoria. 280 01:51:20,800 --> 01:51:21,720 Next slide, please. 281 01:51:21,720 --> 01:51:22,940 So 282 01:51:25,210 --> 01:51:28,750 the proposed ordinance will specifically do the following things. 283 01:51:29,890 --> 01:51:38,910 It will establish a location buffer so no new tobacco retailers will be allowed to open within a thousand feet of a school, both public and private. 284 01:51:40,410 --> 01:51:44,410 There will also be a retailer separation distance of 500 feet. 285 01:51:44,890 --> 01:51:52,870 The distances would be measured in a straight line from the nearest entrance to the nearest entrance or property line to the schools. 286 01:51:53,970 --> 01:52:01,550 It will also prohibit tobacco sales at pharmacies and it will also codify the ban on flavor 287 01:52:01,550 --> 01:52:06,930 tobacco products, including flavored e-cigarettes, mental cigarettes, flavored cigars, 288 01:52:07,670 --> 01:52:09,710 Puka, Shisha, and e-liquids. 289 01:52:11,630 --> 01:52:17,250 And all accessory tobacco retail sales will require a minor conditional use permit, 290 01:52:17,250 --> 01:52:27,270 approval at the staff level, the current MCUP fee is $1500, $1,526, 291 01:52:29,530 --> 01:52:29,830 and all 292 01:52:29,830 --> 01:52:29,970 Thanks. 293 01:52:30,000 --> 01:52:34,860 Disting retailers that are within the buffers will become legally not conforming uses. 294 01:52:35,460 --> 01:52:36,360 Next slide, please. 295 01:52:40,340 --> 01:52:48,340 Here's, oh, back. Thank you. Here's the proposed buffer overlaid onto the city zoning map. 296 01:52:48,380 --> 01:52:56,620 This is attachment C to the agenda report. The small triangles on the on the screen are the tobacco retailers. 297 01:52:56,620 --> 01:53:05,500 and then the purple building with the flag are all of the private and public schools within the city. 298 01:53:05,880 --> 01:53:11,860 So the larger buffers are around the schools and then there's smaller buffers for the retailers. 299 01:53:12,740 --> 01:53:20,740 So as you can see, a lot of the commercial areas where a new tobacco retailer could open, 300 01:53:20,740 --> 01:53:27,560 It's pretty limited now once we have this ordinance if the council approves ordinance tonight 301 01:53:28,620 --> 01:53:29,800 Next slide please 302 01:53:32,240 --> 01:53:39,400 So here's a look at what other cities have done in Santa Clara County. The cities of Cupertino 303 01:53:39,400 --> 01:53:47,260 Gilroy, Los Altoes, Los Gados, Palo Alto, Saratoga, and unincorporated Santa Clara County have codified that thousand foot 304 01:53:47,780 --> 01:53:48,660 school buffer 305 01:53:48,660 --> 01:53:52,080 And the same jurisdictions previously mentioned, 306 01:53:52,380 --> 01:53:57,400 except for Gilroy, have also codified the 500-foot retailer separation. 307 01:53:58,960 --> 01:54:05,000 Oscados Palo Alto, Seratoga, and Unincorporated County have codified the pharmacy to back-o-ban. 308 01:54:06,460 --> 01:54:15,540 Cupertino, Los Altos, Oscados, Morgan Hill, Palo Alto, Seratoga, Sunnyville, and Santa Clara County have codified the flavor to back-o-ban. 309 01:54:16,260 --> 01:54:22,920 And overall, more than 50 local governments in California restrict tobacco retail locations near schools. 310 01:54:23,820 --> 01:54:24,520 Excite, please. 311 01:54:27,550 --> 01:54:32,450 The proposed zoning tax amendment is exempt from CEQA, pursuant to CEQA guidelines section 312 01:54:34,570 --> 01:54:40,030 15061B3, common sense exemption, so there's no possibility of a significant environmental effect. 313 01:54:40,030 --> 01:54:47,770 and Sequo Guideline Sections 1-5183 Project Consistent with General Plan for which an EIR has been certified. 314 01:54:48,690 --> 01:54:53,210 The ordinance is not effected entities or intensities of previously allowed uses. 315 01:54:54,470 --> 01:54:54,990 Next slide, please. 316 01:54:58,920 --> 01:55:05,260 An online community survey was conducted in July 15th to August 31, 2020. 317 01:55:05,260 --> 01:55:13,420 125 responses were received. And during the outreach, the spring staff visited 38 tobacco retailers 318 01:55:13,420 --> 01:55:20,620 and distributed community meeting fires during the month of April. The online community meeting 319 01:55:20,620 --> 01:55:29,660 was held on April 29, 2026, no community members participated. Three comments were received prior to 320 01:55:29,660 --> 01:55:34,540 the Planning Commission hearing and there was one speaker at the Planning Commission hearing. 321 01:55:35,260 --> 01:55:40,160 The Planning Commission voted 60 votes to recommend that the city council approved the ordinance. 322 01:55:41,220 --> 01:55:46,240 And a public hearing notice was published in the Milpita's post on July 17, 2026 323 01:55:46,240 --> 01:55:50,580 and posted at City Hall and on the city website. Next slide, please. 324 01:55:54,640 --> 01:55:55,740 Staff has confirmed that the 325 01:55:55,740 --> 01:55:59,940 project meets the findings associated with zoning text amendment for the proposed to 326 01:55:59,940 --> 01:56:03,360 or retailer ordinance, I set out in the Mopetus Municipal Code. 327 01:56:04,280 --> 01:56:08,000 The project is consistent with the city's general plan goals and policies. 328 01:56:08,700 --> 01:56:11,140 It is consistent with the Metro and Gateway Main Street 329 01:56:11,140 --> 01:56:12,880 specific plan goals and policies. 330 01:56:13,620 --> 01:56:17,100 It will not be detrimental to public health, safety, convenience, 331 01:56:17,320 --> 01:56:18,080 or general welfare. 332 01:56:18,780 --> 01:56:20,340 It is compliant with CEQUA. 333 01:56:20,680 --> 01:56:23,100 It is not reduced residential density 334 01:56:23,100 --> 01:56:26,340 and will not result in a net loss of potential housing units. 335 01:56:26,340 --> 01:56:32,620 and it is internally consistent with other applicable provisions of Title 13. 336 01:56:33,160 --> 01:56:37,680 And those findings have been discussed in the staff report and are addressed in the resolution. 337 01:56:38,620 --> 01:56:39,320 Next slide please. 338 01:56:42,090 --> 01:56:47,250 In closing, staff recommends that the City Council open and close the public hearing and determine 339 01:56:47,250 --> 01:56:56,630 that the ordinance is exempt from sequa pursuant to sequa-kireline section 15183 and 15061B3 and 340 01:56:56,630 --> 01:57:05,390 introduce an ordinance adding a new section to title 13 chapters B6, B8, C10, and E4 of the 341 01:57:05,390 --> 01:57:09,250 Melpeetus Municipal Code relating to the regulation of tobacco retailers. 342 01:57:10,070 --> 01:57:13,030 That concludes staff's presentation. I'd be happy to answer any questions. 343 01:57:18,180 --> 01:57:26,000 Then decide them for a public hearing. Anybody from the public or from Zoom? Have any comments? 344 01:57:26,000 --> 01:57:32,260 Madam Clerk. I have no public speaker cards in person. However, I do have a hand-raised 345 01:57:32,260 --> 01:57:38,620 in Zoom. I will be calling on Chris Miller on Zoom. I will hit allow to talk and then you will 346 01:57:38,620 --> 01:57:46,420 have three minutes. You can unmute yourself now, Chris. Thank you. Good evening, council. My name is 347 01:57:46,420 --> 01:57:53,000 Chris Miller. Life long last got a president. I enjoy visiting Mel Pides, so thank you for making 348 01:57:53,000 --> 01:57:59,860 can be great. I am 99% support of the proposal. However, I have significant concern about the proposal, 349 01:58:00,420 --> 01:58:05,120 that retailers are required to ask for IDs for individuals' decades over the minimum purchase 350 01:58:05,120 --> 01:58:11,460 age. I did send an email over the weekend, hopefully you all received that. My question is what 351 01:58:11,460 --> 01:58:17,060 is the purpose of requiring a citizen who is supposed age 90 to show that their identification 352 01:58:17,060 --> 01:58:19,280 to identification that they are over 21. 353 01:58:20,320 --> 01:58:22,700 There is lack of research justification 354 01:58:22,700 --> 01:58:24,940 for requiring ID of older adults, 355 01:58:25,280 --> 01:58:26,920 where at least have been provided to me. 356 01:58:27,140 --> 01:58:29,220 There's possible consequence of additional work 357 01:58:29,220 --> 01:58:33,960 by law enforcement, by enacting any ID requirement. 358 01:58:34,500 --> 01:58:36,860 Federal law suggests an age of 30 359 01:58:36,860 --> 01:58:40,180 as per the FDA in 2024, and most importantly, 360 01:58:40,480 --> 01:58:42,840 a staff member in district five board of supervisors 361 01:58:42,840 --> 01:58:45,940 is on record stating that they are looking 362 01:58:45,940 --> 01:58:52,880 to when this comes back to the county to add age next time the model policy is would be revised. 363 01:58:53,700 --> 01:58:58,500 Just earlier this summer, the city of Gilroy revised their tobacco retail permit process 364 01:58:58,500 --> 01:59:04,020 and included in appears to be language, which is in congruence with the FDA. I kindly asked 365 01:59:04,020 --> 01:59:11,480 the council add language proposed ordinance, something to the effect of appears to be under age 30. Thank you. 366 01:59:19,720 --> 01:59:24,820 If anyone else on Zoom would like to address the City Council, please raise your hand now 367 01:59:24,820 --> 01:59:27,240 or if you are on phone, press star 9. 368 01:59:29,260 --> 01:59:31,700 I have no additional public speakers, Mr. Vice Mayor. 369 01:59:32,380 --> 01:59:38,160 Thank you. So we're closing at the public hearing. Let's move to any council discussions. 370 01:59:41,130 --> 01:59:44,190 Mr. Vice Mayor, will the council is considering any questions or discussion? 371 01:59:44,410 --> 01:59:47,850 It would be right if I were to introduce the ordinance to be a reading of the time of this time. 372 01:59:48,090 --> 01:59:50,170 Yes, please, Mr. City Attorney. Let's do that. 373 01:59:50,170 --> 01:59:51,730 Thank you, Vice Mayor. 374 01:59:52,590 --> 01:59:57,550 Before the council is an ordinance entitled an ordinance of the City Council of the City of Melpedis, 375 01:59:57,750 --> 01:59:59,970 amending the Melpedis Municipal Code title. 376 02:00:00,000 --> 02:00:07,260 13, chapters B6, B8, C10 and E4 relating to the regulation of tobacco retailers. 377 02:00:09,480 --> 02:00:13,420 Thank you. Going back to any council discussion. 378 02:00:22,160 --> 02:00:24,820 Council member Chua. Thank you Vice Mayor. 379 02:00:26,560 --> 02:00:34,400 directly or senior planner one way. 380 02:00:36,570 --> 02:00:43,570 Can you briefly explain just briefly explain the sections that were added. 381 02:00:45,070 --> 02:00:55,550 So everybody can understand. It's B6, B8, C10 and E4 briefly. Thank you. 382 02:00:55,550 --> 02:01:11,370 Sure. So, we modified the use tables under the commercial zone use regulation, as well 383 02:01:11,370 --> 02:01:16,290 as the mixed use table regulation, 384 02:01:18,490 --> 02:01:23,450 this is V16, go by different. 385 02:01:23,950 --> 02:01:29,470 So B6 is the commercial zone use regulation table and 386 02:01:32,090 --> 02:01:36,050 then table B, section B8 is the next 387 02:01:36,050 --> 02:01:38,670 use zone regulation table. 388 02:01:46,290 --> 02:01:53,410 And then we added a new subsection to chapter C10 specific to 389 02:01:53,410 --> 02:02:02,850 uses and titled it Smoke Tobacco Uses. So that outlines all of the performance standards that 390 02:02:02,850 --> 02:02:08,190 would apply to smoke tobacco uses and tobacco retailers. 391 02:02:09,090 --> 02:02:14,230 Now about C4, E4 is the definition section 392 02:02:14,230 --> 02:02:16,970 of the zoning ordinance. 393 02:02:17,790 --> 02:02:21,290 And so we added definitions related 394 02:02:21,290 --> 02:02:24,170 to tobacco retail that weren't previously there. 395 02:02:24,530 --> 02:02:29,870 So they're further defined in the definition section. 396 02:02:29,870 --> 02:02:35,970 Can you briefly explain those additional burbage? 397 02:02:37,190 --> 02:02:44,270 So for example we added a definition for electronic smoking device because we previously did not have that definition. 398 02:02:45,250 --> 02:02:46,070 What's the definition? 399 02:02:48,230 --> 02:02:55,970 It is any device that may be used to deliver and aerosolized or vaporized substance to the person in healing from the device, 400 02:02:55,970 --> 02:03:01,230 including but not limited to an e-cigarette, e-cigarette, e-cigarette, e-pipe, 401 02:03:01,830 --> 02:03:07,690 date pen, electronic, e-cigarette, tobacco products, or e-hooka. Do you want me to continue? 402 02:03:08,510 --> 02:03:14,110 But I just wanted to see if e-cigarette is there. And it is there. 403 02:03:14,190 --> 02:03:17,270 Yeah, that's how we would define it. It's an electronic smoking device. 404 02:03:18,030 --> 02:03:21,110 Okay. What else is the new terminology? You said. 405 02:03:27,760 --> 02:03:40,720 So we've revised the definition of smoke tobacco shop, so we already had that in our 406 02:03:40,720 --> 02:03:45,980 definition section, but we revised it to say a retail establishment primarily 407 02:03:45,980 --> 02:03:51,360 engage in the selling of smoking, or tobacco products, accessories, 408 02:03:56,200 --> 02:03:56,820 or 409 02:03:56,820 --> 02:04:02,760 simply assume to be used for smoking and or the inhalation or ingestion of any substance. 410 02:04:04,340 --> 02:04:06,100 So it's ink on passes. Everybody. 411 02:04:08,120 --> 02:04:09,440 It's the whole, yes. 412 02:04:10,120 --> 02:04:12,380 Included everybody on it. Correct. 413 02:04:13,940 --> 02:04:22,620 And then we also added the tobacco accessories or paraphernalia definition and tobacco product, as well as tobacco retailer. 414 02:04:22,620 --> 02:04:26,480 Those three definitions were not previously in our zoning ordinance. 415 02:04:28,340 --> 02:04:30,160 Can you read that too? 416 02:04:32,320 --> 02:04:34,460 So tobacco accessories are paraphernalia. 417 02:04:34,580 --> 02:04:39,900 Our devices are instruments for smoking, heating, chewing, absorbing, dissolving, 418 02:04:40,040 --> 02:04:46,720 inhaling, snorting, sniffing, or ingesting by any other means to tobacco products or other controlled substances. 419 02:04:46,720 --> 02:05:16,860 And then tobacco product is any product containing made of or derived from nicotine or tobacco that is intended for human consumption or is likely to be consumed whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited, cigarette, a cigar, pipe tobacco, chewing tobacco, snuff or snuff, snuff, snuff, snuff, snuff, snuff. 420 02:05:16,860 --> 02:05:21,840 that's how that's pronounced. And then any electronic, it also includes any electronic 421 02:05:21,840 --> 02:05:27,360 smoking device and any substances that may be aerosolized or vaporized by such device 422 02:05:27,360 --> 02:05:37,380 and that contain nicotine or any component part or accessory of the first two whether or not 423 02:05:37,380 --> 02:05:41,860 whether or not separately and whether or not they contain nicotine or tobacco, including 424 02:05:41,860 --> 02:05:44,820 but not limited to filters, rolling papers, 425 02:05:45,160 --> 02:05:46,320 flan or hemp wrappers, 426 02:05:47,020 --> 02:05:48,440 Pukas, mouthpieces and pipes. 427 02:05:49,220 --> 02:05:50,020 Okay, that's good. 428 02:05:50,880 --> 02:05:57,800 Where was the addition of chains to the 1,000 feet, 429 02:05:59,800 --> 02:06:02,580 the limitation within the school? 430 02:06:03,020 --> 02:06:04,020 Where was that added? 431 02:06:04,220 --> 02:06:10,200 So with under, I think it's C10 under the smoke tobacco, 432 02:06:11,060 --> 02:06:18,320 uses. So that's a performance standard that is specific to that use. So there's a separation 433 02:06:18,320 --> 02:06:26,320 of climate change. Yes. There are 1,000 distance from school to any of the establishment to 434 02:06:26,320 --> 02:06:31,760 the back of establishments. Okay, sounds good. Thank you. Thank you, Vice-Nayer. 435 02:06:42,550 --> 02:06:43,450 Thank you, 436 02:06:43,450 --> 02:06:47,150 Vice Mayor. Chief Hernandez. 437 02:06:58,210 --> 02:07:08,390 Thank you. How often do we inspect these shops and has they've been 438 02:07:08,390 --> 02:07:16,550 any violations in our city? I'll actually ask Captain Perody to step to the microphone. We have 439 02:07:16,550 --> 02:07:22,650 had some enforcement action more recently but I don't know the answer to how frequently we're 440 02:07:22,650 --> 02:07:24,030 going into the shops. 441 02:07:27,590 --> 02:07:28,310 Thank you. 442 02:07:28,350 --> 02:07:28,830 It's too pretty. 443 02:07:29,170 --> 02:07:29,870 Captain Police Department. 444 02:07:30,950 --> 02:07:39,530 Primarily it's complaint based, so when a community member reaches out about illegal tobacco cells, we'll take a report and we'll look into it. 445 02:07:39,710 --> 02:07:54,210 Within this past year, we received a handful of reports, and we conducted inspections with the state at specifically standalone smoke shops, two separate ones, which led to criminal charges. 446 02:07:54,210 --> 02:08:01,590 outside of that. There's not many. We don't inspect grocery stores. That's usually done by a state organization. 447 02:08:03,550 --> 02:08:09,930 Okay. And do you notice that there's one area that's more than others or 448 02:08:09,930 --> 02:08:15,450 how you don't inspect the shops that has no complaints? 449 02:08:16,330 --> 02:08:20,340 Correct. The inspections are usually done by a separate state tax organization. 450 02:08:20,340 --> 02:08:34,140 And we respond when it comes to tobacco, we respond to criminal complaints of illegal sales, like to youth or sales of illegal items such as flavor tobacco or marijuana. 451 02:08:35,860 --> 02:08:43,020 Okay, and would you revisit that same store to see if there's any violations after that? 452 02:08:43,020 --> 02:08:45,580 Yeah, we have several methods of investigation. 453 02:08:46,640 --> 02:08:49,180 The two most recent ones that we looked into 454 02:08:49,180 --> 02:08:53,280 led to criminal search warrants being conducted there 455 02:08:53,280 --> 02:08:56,940 where illegal merchandise was confiscated 456 02:08:56,940 --> 02:09:00,320 and it was a criminal report to the district attorney's office 457 02:09:00,320 --> 02:09:02,560 in the past two that we have done this year. 458 02:09:02,720 --> 02:09:04,420 Okay. Thank you. Thank you Chief. 459 02:09:05,100 --> 02:09:06,080 Of course. Thank you, Vice Mayor. 460 02:09:06,900 --> 02:09:08,680 Thank you, Council Member Lee and 461 02:09:15,340 --> 02:09:16,160 Council Member Lemp. 462 02:09:16,160 --> 02:09:28,220 Thank you, Vice Mayor. My question is related to checking ID under the current municipal court. 463 02:09:29,060 --> 02:09:34,820 What is the law sets for now or checking IDs? 464 02:09:39,390 --> 02:09:51,890 So, the the current the ordinance before you tonight requires retailers to check ID for all individuals when they're purchasing tobacco. 465 02:09:54,810 --> 02:09:55,430 Okay, 466 02:10:04,600 --> 02:10:15,120 so that means anyone who purchased tobacco doesn't matter is a grocery store supermarket or tobacco stores, they need to show ID. 467 02:10:19,800 --> 02:10:21,480 Okay. Thank you. 468 02:10:26,930 --> 02:10:33,110 I also have a question, if you're done, a question to. So most of the good 469 02:10:33,110 --> 02:10:40,790 captain reported, the violations were mostly sailed by retailers of Flavewood to Baco. 470 02:10:41,830 --> 02:10:48,490 And this ordinance is different. The question is, are the non-permitted or non-licensed 471 02:10:48,490 --> 02:10:53,290 sellers that just retailers are covered by these ordinance. 472 02:10:57,960 --> 02:10:58,880 Let's say somebody 473 02:10:59,580 --> 02:11:06,980 have a box of something that we do not permit to be sold within a thousand feet from a school. 474 02:11:08,100 --> 02:11:11,580 And I'm talking about those particular situations. 475 02:11:17,650 --> 02:11:22,970 So this ordinance would apply to all tobacco retailers, whether permitted or not, it would just be 476 02:11:22,970 --> 02:11:29,390 difficult to enforce if they haven't gone through any procedure because there would be no documentation, 477 02:11:30,350 --> 02:11:36,490 but we would just follow our typical code enforcement processes. For example, if there was an 478 02:11:36,490 --> 02:11:43,930 unpermitted retailer within a thousand feet of a school and they wouldn't ever be able to be legalized, 479 02:11:44,770 --> 02:11:48,710 so then we would take the appropriate code enforcement actions and they wouldn't be able to 480 02:11:48,710 --> 02:11:55,830 back one more. Okay, good to know it's just an extra layer of trying to deter 481 02:11:56,470 --> 02:12:02,970 salaries if this audience includes not just the retailer that have permission to sell to Beaco 482 02:12:02,970 --> 02:12:08,170 and those were the individual or retailers that didn't have a premium. 483 02:12:08,410 --> 02:12:14,430 But if I may, this is structured as a land use ordinance. So if we're not talking about retail, 484 02:12:14,430 --> 02:12:20,190 to say it takes location, like if you were talking about, say, a street vendor or something 485 02:12:20,190 --> 02:12:23,610 along those lines, I'm not sure, would fall under this particular ordinance. 486 02:12:24,310 --> 02:12:27,790 There are other laws that may be violated as part of that. 487 02:12:29,810 --> 02:12:30,130 All right. 488 02:12:30,590 --> 02:12:31,110 So, yes. 489 02:12:31,110 --> 02:12:32,150 Valley, they are. 490 02:12:32,590 --> 02:12:38,750 I just thought that this isn't an extra layer on them, but thank you for the clarification, 491 02:12:39,070 --> 02:12:39,610 see that time. 492 02:12:40,290 --> 02:12:47,550 I think I'm fine with the audience and what would be the pleasure of the council. 493 02:12:54,450 --> 02:12:55,830 Any motion? 494 02:13:04,020 --> 02:13:04,660 Yes, 495 02:13:06,720 --> 02:13:07,000 please. 496 02:13:08,240 --> 02:13:13,120 The motion also needs to include waving beyond the reading of the title of the ordinance. 497 02:13:15,280 --> 02:13:16,100 Okay, that. 498 02:13:16,840 --> 02:13:18,080 Thank you. 499 02:13:19,360 --> 02:13:20,660 Any second on that? 500 02:13:20,660 --> 02:13:21,880 Yes. 501 02:13:24,940 --> 02:13:25,600 Any second? 502 02:13:31,940 --> 02:13:32,380 All right, second. 503 02:13:33,060 --> 02:13:34,660 Thank you. 504 02:13:35,040 --> 02:13:39,380 With Councilmember Leanne making the motion in a second by Councilmember Lam. 505 02:13:39,500 --> 02:13:40,820 I'll now call for the vote. 506 02:13:41,520 --> 02:13:42,240 Councilmember Chua? 507 02:13:43,860 --> 02:13:44,760 Councilmember Lam. 508 02:13:45,460 --> 02:13:45,780 All right. 509 02:13:46,040 --> 02:13:46,820 Councilmember Leanne? 510 02:13:47,580 --> 02:13:48,740 Vice Mayor Barbidillo? 511 02:13:51,000 --> 02:13:51,860 The motion passes. 512 02:13:52,800 --> 02:13:53,900 Thank you. 513 02:13:54,720 --> 02:13:57,000 Coming to our last item for tonight. 514 02:13:57,000 --> 02:13:58,120 at the emergency? 515 02:13:59,660 --> 02:14:02,520 Mr. Vice-Marm Council Under-lead 516 02:14:02,520 --> 02:14:12,030 Of course, the support services item number 14 receives a presentation of 517 02:14:12,030 --> 02:14:13,330 municipal barn 101. 518 02:14:13,970 --> 02:14:16,130 Iftaf Contact is a fine-ass director. 519 02:14:21,540 --> 02:14:25,460 The recommendation is to receive the presentation from the city municipal and 520 02:14:25,460 --> 02:14:29,820 visa on a barn council, municipal barn financing, including the types of 521 02:14:29,820 --> 02:14:31,100 available to the city. 522 02:14:31,100 --> 02:14:37,440 the financing process and financing team role, the City Council's disclosure and approval 523 02:14:37,440 --> 02:14:43,580 responsibilities, and an overview of the city's outstanding long-term obligations. 524 02:14:45,740 --> 02:14:47,020 Madam Finance Director. 525 02:14:50,220 --> 02:14:56,280 Good evening, Vice Mayor of Ardbadillo, Council members, Tua, Leon and Lam. 526 02:14:56,280 --> 02:14:59,980 Luzco Fressey Health Finance Director for the City of Mopee. 527 02:15:00,000 --> 02:15:15,460 It is. Suzanne is walking around and handing out some small items. Before you, you have a concept presentation of, uh, we will be doing what's called a municipal bonds 101 today. 528 02:15:16,140 --> 02:15:22,760 Vice Mayor Barbara Dio, I know that you did 2015 and I also think you did 2020 with us. 529 02:15:22,760 --> 02:15:28,100 He's gone to this before, and the mayor has also done it three times. 530 02:15:28,240 --> 02:15:29,100 So she's up on you. 531 02:15:29,160 --> 02:15:33,480 One of both of you were here for the 2015 boundary funding. 532 02:15:34,060 --> 02:15:38,440 So what this is, and essentially, is just a training for what we're proposing and bringing 533 02:15:38,440 --> 02:15:44,080 back to this council for consideration on September 1st, and also to get us into the mode 534 02:15:44,080 --> 02:15:50,600 of what we need to do when we are under what we need to understand as far as responsibilities 535 02:15:50,600 --> 02:15:57,920 in the process of municipal bonds before municipal bonding and debt. We have with us today and I'm 536 02:15:57,920 --> 02:16:07,340 going to defer to them is our municipal advisor from fieldmen and they'll give you they'll introduce 537 02:16:07,340 --> 02:16:15,200 themselves and also our bond council from Jones Hall and what you have before you basically is 538 02:16:15,200 --> 02:16:22,480 demonstration of how we finance the steps to finance and we're using fire station too which 539 02:16:22,480 --> 02:16:27,840 was financed through debt and then on the back are the SCC rules and we'll go into that 540 02:16:27,840 --> 02:16:33,000 in more detail in the presentation. And with that and you also have a little token, a little 541 02:16:33,000 --> 02:16:39,260 gold money bags. So please take them with you. Please use them wisely. It's a community money. 542 02:16:39,640 --> 02:16:44,920 So you should keep it somewhere and use them wisely. But with that alternative and we'll start 543 02:16:44,920 --> 02:16:48,160 with field, field, and Jim Fabian. 544 02:16:49,040 --> 02:16:50,200 Thank you, Lou's. 545 02:16:50,200 --> 02:16:55,980 Pleasure to be here tonight to be in front of the city council to talk about municipal bonds 546 02:16:55,980 --> 02:16:59,800 when I won Jim Fabian, the city's municipal advisor. 547 02:17:00,100 --> 02:17:06,640 I've had the pleasure of working with the city going back to the 2015 tax allocation refunding 548 02:17:06,640 --> 02:17:09,280 bonds and all the debt since that point in time. 549 02:17:09,280 --> 02:17:11,380 I'm also joined by my colleague, 550 02:17:11,640 --> 02:17:14,600 Andrew Reardon, in the audience there who helped 551 02:17:14,600 --> 02:17:17,920 and worked hard on the presentation in front of you tonight. 552 02:17:20,080 --> 02:17:24,160 And good evening, James Wersenniak, at Jones Hall. 553 02:17:24,920 --> 02:17:27,520 We are the Bond Council and Disclosure Council 554 02:17:27,520 --> 02:17:31,220 to the city have worked on the prior finances for the city 555 02:17:31,220 --> 02:17:34,280 and look forward to walking you through the presentation tonight. 556 02:17:36,320 --> 02:17:40,300 Great, so if we could move to slide number four, please. 557 02:17:41,640 --> 02:17:47,000 Okay. Well, I'm sorry. Let's stop here real quick. So in terms of our agenda tonight in front 558 02:17:47,000 --> 02:17:53,460 of you, we're going to be talking about an overview of debt in why cities issued debt. We're 559 02:17:53,460 --> 02:17:58,140 going to talk about the type of debt and the tax status of that debt. We're going to walk 560 02:17:58,140 --> 02:18:05,220 through the finance team involved in a debt issuance and the process. This is a great demonstration 561 02:18:05,220 --> 02:18:10,440 of what a bond issuance process looks like that we did for the fire station. 562 02:18:11,240 --> 02:18:16,400 We're also going to talk about the duties and responsibility of you as a city council member 563 02:18:16,400 --> 02:18:20,960 and then also touch upon the outstanding debt of the city of Milpetus. 564 02:18:22,060 --> 02:18:22,740 On the next slide, 565 02:18:25,040 --> 02:18:29,280 please. Again, we introduce ourselves. Please go to slide four. 566 02:18:30,620 --> 02:18:36,000 So, when we think about why I do public agencies use debt financing, really, 567 02:18:36,000 --> 02:18:43,140 When you think about it, it's to spread the costs of a project that usually has a useful 568 02:18:43,140 --> 02:18:48,660 life of 30 years or more over the years in which it serves the community. 569 02:18:49,620 --> 02:18:54,920 So, it's not just the current residents who pay that cost, but it's also the future residents 570 02:18:54,920 --> 02:18:56,940 of the community that pay for the cost. 571 02:18:57,460 --> 02:19:02,040 And the fire stations are a great example of that, where we spread the cost over a 20-year 572 02:19:02,040 --> 02:19:07,940 timeline, and so current and future users who benefit from that fire station being built 573 02:19:07,940 --> 02:19:10,140 also pay for the cost of that. 574 02:19:10,660 --> 02:19:17,100 Some of the purposes of why you issued debt are to acquire land, to construct a public 575 02:19:17,100 --> 02:19:23,540 building like the library, to construct utility infrastructure like you did for your water 576 02:19:23,540 --> 02:19:31,740 and sewer bonds that were issued, sometimes cities also issue debt for working capital for 577 02:19:31,740 --> 02:19:37,340 cash flow purposes, you haven't done that, and then also to refinance outstanding debt, 578 02:19:37,380 --> 02:19:40,000 which we'll talk about a little bit more in the future. 579 02:19:40,920 --> 02:19:42,900 So if you could go to the next slide, please. 580 02:19:47,350 --> 02:19:53,570 So when you look at what is a municipal bond, it's a security that is sold to the public 581 02:19:53,570 --> 02:19:54,690 capital markets. 582 02:19:55,230 --> 02:19:57,310 It's not to a single investor. 583 02:19:57,670 --> 02:20:00,390 It's to many potential investors. 584 02:20:01,210 --> 02:20:07,570 Typically, it's either a 20-year or 30-year repayment term, and you pay principle and 585 02:20:07,570 --> 02:20:11,530 interest over those 20 years or 30 years. 586 02:20:12,330 --> 02:20:17,070 You receive the money up front, so, like, for example, on the fire station, you receive 587 02:20:17,070 --> 02:20:22,230 the money to build the fire station, and then you repay the principle and interest over 588 02:20:22,230 --> 02:20:23,510 the next 20 years. 589 02:20:24,290 --> 02:20:28,350 Typically, you match the term of the debt for the useful life of the asset. 590 02:20:28,350 --> 02:20:37,850 And for larger projects, it's the lowest cost financing to the city because it's exempt from 591 02:20:38,970 --> 02:20:47,710 from taxes from both the federal and state level, so it's a very attractive way for people to invest their money and for you to borrow money. 592 02:20:50,030 --> 02:20:51,730 We're going to go to the next slide, please. 593 02:20:53,210 --> 02:20:59,530 Yeah, so Mr. Fabian just touched on this, the difference between tax exempt and taxable. 594 02:21:00,510 --> 02:21:08,190 So, in municipal finance, in most of what we do is tax exempt, finance, and that means the investor, 595 02:21:08,610 --> 02:21:13,590 that's loaning you the money upfront, they don't pay any taxes on the interest they receive. 596 02:21:14,270 --> 02:21:19,450 And because of that, they're willing to give you a lower interest rate, right, which saves the city money. 597 02:21:19,450 --> 02:21:26,310 So it's essentially a policy decision from the Congress that says, hey, we want to support local 598 02:21:26,310 --> 02:21:28,410 governments in building infrastructure. 599 02:21:29,030 --> 02:21:33,850 And because of that, you can see on the slide, there's some restrictions that go around 600 02:21:34,640 --> 02:21:41,010 tax exempt financing, namely public capital improvements, have to be financed, not salaries, 601 02:21:41,730 --> 02:21:45,850 operating budgets, but you build facilities with tax exempt bonds. 602 02:21:46,390 --> 02:21:51,090 Also, there's certain time limits on the spending of those bonds. 603 02:21:51,390 --> 02:21:57,830 Basically, the Congress, the IRS, they want you to take those tax exempt bonds and put the money to use right away. 604 02:21:58,250 --> 02:22:04,970 So that generally means for a new project, spend the money within three years and for a refunding project. 605 02:22:05,250 --> 02:22:09,450 So you've got some existing debt, you're going to refund for a lower rate of interest. 606 02:22:09,750 --> 02:22:13,810 You've got to do that within 90 days, don't just sit on the money from the new bonds, 607 02:22:13,810 --> 02:22:20,090 but pay off the old bonds. In contrast, a taxable borrowing sometimes makes sense for cities. 608 02:22:21,030 --> 02:22:25,950 There were some pension refunding bonds issued by some cities a few years back. 609 02:22:26,290 --> 02:22:29,970 There could be a situation where you can't spend money on a good capital price. 610 02:22:30,000 --> 02:22:46,160 Public within three years. So maybe we do that on a taxable basis. What that means, of course, is the investor is going to pay taxes on the interest. They're going to demand a higher interest rate. So it's not the most advantageous, but sometimes it makes sense for local communities. Next slide. 611 02:22:49,380 --> 02:23:02,540 Now on this slide, there's actually a lot of information on this slide folks can digest it. Members of the public can digest it afterward, but the crucial thing on this slide is showing the most 612 02:23:02,540 --> 02:23:09,440 different kinds of tax exempt municipal bonds. You have your general obligation bond. You have 613 02:23:09,440 --> 02:23:15,620 your tax increment bond. You're at least revenue bond. Your utility revenue bond. Your land 614 02:23:15,620 --> 02:23:22,140 secured bond. And as the name of each of those security says, what is the source of repayment? 615 02:23:22,400 --> 02:23:27,660 Is it coming from the utility system? Is it coming from a general obligation of the community? 616 02:23:27,660 --> 02:23:35,260 meaning an additional ad Valorum property tax and based on whatever source of repayment 617 02:23:35,260 --> 02:23:41,040 there is is a better or worse credit. So again, how much is the investor going to demand 618 02:23:41,040 --> 02:23:45,840 an interest rate depends on the quality of the credit and the various different types of 619 02:23:45,840 --> 02:23:47,660 bonds at different levels of credit. 620 02:23:50,390 --> 02:23:58,970 So if you could go to the next slide, please. So as James 621 02:23:58,970 --> 02:24:04,950 available to a city. General obligation bonds is the first one that we want to 622 02:24:04,950 --> 02:24:09,270 talk about in a little bit more detail. This is secured by unlimited 623 02:24:09,270 --> 02:24:16,930 Advalorum property tax. So it is the best form of credit that a city can have. 624 02:24:17,630 --> 02:24:24,690 It provides the strongest security and the lowest borrowing cost. It requires 625 02:24:24,690 --> 02:24:32,130 Although the citizens of the city to approve it at a 67% threshold, and typically it's 626 02:24:32,130 --> 02:24:38,970 for a specific project that it's been identified in a ballot with very specific language 627 02:24:38,970 --> 02:24:41,690 of what the money can be used for. 628 02:24:42,430 --> 02:24:46,970 Some of the advantages of a general obligation, I should mention the city does not have any 629 02:24:46,970 --> 02:24:52,910 general obligation bonds at the present time, but the advantages, as I mentioned, is the lower 630 02:24:52,910 --> 02:24:58,570 borrowing costs, no need for a debt service reserve fund, it's not paid repaid out the 631 02:24:58,570 --> 02:25:03,110 general fund, it's a new revenue source available to pay the debt service on the bonds. 632 02:25:04,130 --> 02:25:09,450 Some of the downside of this program is it takes a long lead time, so when you think about 633 02:25:09,450 --> 02:25:17,590 it, you have to go to the voter so you typically think about November elections, so it's 634 02:25:17,590 --> 02:25:22,270 pretty typical that you would say if you were planning to do a general obligation bond, it 635 02:25:22,270 --> 02:25:25,070 to be in November or 28 that you'd be looking for. 636 02:25:25,230 --> 02:25:28,670 So there's a long lead time associated with that. 637 02:25:28,730 --> 02:25:34,150 You also, as I mentioned, that 67th threshold has to be achieved 638 02:25:34,150 --> 02:25:35,790 to be able to get successfully. 639 02:25:36,270 --> 02:25:39,210 The ability to issue a general obligation bonds 640 02:25:39,210 --> 02:25:40,930 and you have very limited flexibility. 641 02:25:40,930 --> 02:25:44,490 It has to be used for the identified project 642 02:25:44,490 --> 02:25:46,530 that was put into the ballot language. 643 02:25:46,910 --> 02:25:49,750 And I might just add that you all might be familiar 644 02:25:49,750 --> 02:25:52,770 with general obligation bonds with the local school district. 645 02:25:53,270 --> 02:25:55,630 So the school districts are a much more frequent 646 02:25:55,630 --> 02:25:58,990 issuers of general obligation bonds in California. 647 02:26:00,490 --> 02:26:03,750 Partly, folks, voters like to support construction 648 02:26:03,750 --> 02:26:05,470 of new schools and school facilities. 649 02:26:05,770 --> 02:26:09,710 And partly, the schools only need to get 55% voter approval. 650 02:26:10,130 --> 02:26:13,030 So the city of Milpitas needs two thirds, 66, 651 02:26:13,910 --> 02:26:16,490 but the school district only needs 55%. 652 02:26:16,490 --> 02:26:18,950 And so for that reason, there are a lot more 653 02:26:18,950 --> 02:26:24,190 school district general obligation bonds in the state very few city general obligation bonds. 654 02:26:26,630 --> 02:26:32,070 If you could go to the next slide please. So the next tool or type of debt is tax 655 02:26:32,070 --> 02:26:39,590 or increment financing or tax allocation bonds. This is when you think about like what we used to 656 02:26:39,590 --> 02:26:46,410 be able to do with a redevelopment agency, you would issue bonds based upon the tax increment generated 657 02:26:46,410 --> 02:26:55,250 from a project area that went away back in 2012, but you can now do refundings of the existing 658 02:26:55,250 --> 02:27:02,350 debt. For example, your 2015 tax allocation refunding bonds are coming up for the ability 659 02:27:02,350 --> 02:27:08,770 to be called to save money and loose admission that will be coming back and talking about that 660 02:27:08,770 --> 02:27:15,930 on September 1st. This is not a general fund obligation. It's solely repaid by tax increment 661 02:27:15,930 --> 02:27:24,690 that's repaid through the rocks process through the county. It has a ability to be refinances. 662 02:27:24,910 --> 02:27:30,610 I mentioned to lower debt service costs which provides residual property taxes to other 663 02:27:30,610 --> 02:27:37,450 taxing entities, including the city. Again, it's not a general fund obligation. It's paid solely 664 02:27:37,450 --> 02:27:43,590 from the pledge tax increment within the project area. Some things to consider when you're looking 665 02:27:43,590 --> 02:28:01,450 tax increment or tax allocation refunding bonds is the value of the project area, the value of the project area is really an important factor in the credit assessment that a rating agencies do. 666 02:28:01,450 --> 02:28:04,590 Your project areas are in great shape. 667 02:28:04,750 --> 02:28:10,050 You have had enormous growth in your assess value over the last 10 years. 668 02:28:10,570 --> 02:28:16,050 You have some really great property owners within the project area as well. 669 02:28:16,210 --> 02:28:22,730 It does require you to go to the county oversight board for approval after a success or agency approval. 670 02:28:23,590 --> 02:28:27,530 And then to the Department of Finance to get their approval over refunding. 671 02:28:27,530 --> 02:28:37,510 It is a little bit weaker credit because it is a specific to a specific project area and the value of that project area. 672 02:28:38,070 --> 02:28:48,550 And then as I mentioned since 2012, unless you're San Francisco or I think it's the city of Marina or the only two cities that can do new tax allocation refunding bonds. 673 02:28:48,770 --> 02:28:52,470 All other cities within the state can only do refundings. 674 02:28:55,100 --> 02:29:02,760 Council members, this is your meeting, this is your study session, so if there's anywhere that you want to pause or ask a question, 675 02:29:03,240 --> 02:29:09,260 recently open to it, and you will also be getting for me in the next day or so. 676 02:29:09,840 --> 02:29:19,020 Effectively a memorandum, and I'm sorry to inflict those on you, but I want to give you a history of what we development agencies are, how they started in the state of California, 677 02:29:19,020 --> 02:29:25,400 how specifically the City of Nopetus as a redevelopment agency, how it was dissolved and 678 02:29:25,400 --> 02:29:31,560 and many, much other information about that, including the fact that our, what a tax 679 02:29:31,560 --> 02:29:41,420 requirement is for example. And so I think back in 2014 or 2012, 2014, the value of our property 680 02:29:41,420 --> 02:29:48,120 was 800 million or something like that, and that's 11.8 million. Is that roughly right? 681 02:29:48,120 --> 02:29:53,240 when the when the project area was originally was 1976. I think actually when the project 682 02:29:53,240 --> 02:29:59,980 area was actually formed and it was 800 million and now it's 11 billion. Yeah, right. So so 683 02:30:00,000 --> 02:30:06,860 Our property values have increased, which means that the taxes from those property values come to us. 684 02:30:06,860 --> 02:30:15,600 And we get 16.3 cents of that doubt is the best way to explain it. But I'll let Jim go on, keep going on. 685 02:30:15,680 --> 02:30:26,000 The police feel free to stop. The memorandum will be very helpful to you and giving you much more information that you can also spend some time to look at. 686 02:30:26,000 --> 02:30:30,060 And we vice mayor, we have a question. 687 02:30:33,410 --> 02:30:34,650 And that at this time. 688 02:30:34,870 --> 02:30:35,230 Me. 689 02:30:35,770 --> 02:30:36,010 Also. 690 02:30:39,110 --> 02:30:40,390 Thank you. 691 02:30:40,450 --> 02:30:42,070 Yes, come to me when we lean. Sorry. 692 02:30:42,430 --> 02:30:43,170 Thank you. 693 02:30:43,450 --> 02:30:50,490 So I just heard that you say school districts get a 55% passing rate, right? 694 02:30:51,770 --> 02:30:53,310 A voter approval threshold. 695 02:30:53,650 --> 02:30:56,550 Yeah, it's a little lower threshold for their general obligation bonds. 696 02:30:56,550 --> 02:30:59,690 And for the city is 67% that's right. 697 02:31:00,170 --> 02:31:01,490 Do you know why? 698 02:31:02,070 --> 02:31:04,490 That is enshrined in the California Constitution. 699 02:31:05,530 --> 02:31:09,670 So the 66% goes back to Prop 13, 1978, you know, 700 02:31:09,770 --> 02:31:13,710 when the 1% ad Valorum was established by Prop 13, 701 02:31:13,750 --> 02:31:17,410 there is very few exceptions to that 1% 702 02:31:17,410 --> 02:31:20,930 and one of those exceptions is two thirds of our approval 703 02:31:20,930 --> 02:31:22,670 of a general obligation bond. 704 02:31:22,670 --> 02:31:30,370 fast forward to about 20 years ago and the Constitution was further amended to allow school 705 02:31:30,370 --> 02:31:37,910 districts to get their general obligation bonds approved by 55%. So they had special legislation 706 02:31:37,910 --> 02:31:43,570 approved up again the voters of the state approved school districts but no other local agencies 707 02:31:43,570 --> 02:31:49,710 so cities, water districts, sewer districts, counties, you know everyone else still requires 708 02:31:49,710 --> 02:31:57,630 the 23rds, the 67%, you might recall back, I think it was in November 2024, there was a measure 709 02:31:57,630 --> 02:32:04,550 on the ballot to lower the threshold for cities and other governmental agencies and it failed. 710 02:32:06,130 --> 02:32:13,030 So until it gets resurrected and tried again, we'll be at that 67% threshold. 711 02:32:13,730 --> 02:32:15,450 Thank you. Sure. 712 02:32:17,530 --> 02:32:20,550 Okay, once the one moving on, if you could go to the next slide, please. 713 02:32:21,910 --> 02:32:29,390 So, we talked about general obligation bonds, tax increment bonds, the next tool is 714 02:32:29,390 --> 02:32:35,690 least revenue bonds, also sometimes referred to as certificates of participation, they're 715 02:32:35,690 --> 02:32:42,010 the same thing, but a little different approach to how they're issued and secured. 716 02:32:42,870 --> 02:32:48,890 Your fire station, for example, the financing we did was a least revenue bond, it's secured 717 02:32:48,890 --> 02:32:56,530 by lease payments between the city and your financing authority, that city leases that asset 718 02:32:56,530 --> 02:33:01,910 to the authority, which then leases it back to the city, the lease payments that are used 719 02:33:01,910 --> 02:33:06,790 to pay the bondholders over that 20-year timeframe for the principal and interest payment. 720 02:33:07,650 --> 02:33:12,930 There is a general fund obligation, and so there wasn't not a new revenue created, but 721 02:33:12,930 --> 02:33:19,470 existing revenues in the general fund pay the debt service on that particular, at least revenue 722 02:33:19,470 --> 02:33:28,170 bond issue, and it is subject to abatement. So, if for whatever reason you could not have access 723 02:33:28,170 --> 02:33:36,070 and use of that building, you wouldn't be obligated to pay debt service on it. It's abated at that 724 02:33:36,070 --> 02:33:42,510 point in time. If there was some reason why, like, say, for example, an earthquake in the building 725 02:33:42,510 --> 02:33:46,150 collapsed or something like that. That would be a situation where a 726 02:33:46,150 --> 02:33:51,810 abatement would kick in. The advantages of least revenue bonds or certificates 727 02:33:51,810 --> 02:33:56,650 are participation. It's you the council that votes to approve it. So it's just a 728 02:33:56,650 --> 02:34:01,310 majority vote of the city council to approve the issuance of this type of 729 02:34:01,310 --> 02:34:08,110 debt. It's very flexible in terms of the structure. It's widely used by California 730 02:34:08,110 --> 02:34:16,430 cities up and down the state to find it for structure. It is an obligation of the general fund 731 02:34:16,430 --> 02:34:24,630 and it does encumber an essential city asset. So you have to secure the repayment by having 732 02:34:24,630 --> 02:34:30,650 property insurance against that and encumbering the asset. And as I mentioned, the abatement 733 02:34:30,650 --> 02:34:37,930 risk that is mitigated also because you pay for rental and eruption insurance. But again, if you can't 734 02:34:37,930 --> 02:34:41,090 use the building, you can't pay that service on it. 735 02:34:43,520 --> 02:34:48,240 So on the next slide, wanted to talk about the structure, and I'm going to turn it over 736 02:34:48,240 --> 02:34:48,700 to James. 737 02:34:49,420 --> 02:34:53,800 Yeah, so this one, we get into the weeds here a little bit on the legal structure, because 738 02:34:53,800 --> 02:34:58,800 you might be asking, well, why do we need a lease, you know, we're just trying to issue a bond, 739 02:34:59,000 --> 02:35:03,920 we're trying to raise money if we do a tax increment financing, we can just issue a bond. 740 02:35:04,160 --> 02:35:07,360 If we do a general obligation bond financing, we issue a bond. 741 02:35:07,360 --> 02:35:14,600 But for the general fund, again, we're talking about general fund, supported financing here. 742 02:35:14,700 --> 02:35:22,360 We need to use the lease back structure because again, the California Constitution requires us to do so. 743 02:35:22,680 --> 02:35:29,380 The city, as you know, is not able to put a debt on the general fund that lasts longer than a year. 744 02:35:29,560 --> 02:35:36,700 In other words, you have to budget and appropriate each year amounts that are available to the city council in that year. 745 02:35:36,700 --> 02:35:57,100 In this goes back to the foundation of the California as a state, when city councils, local school districts might say, hey, we want to build a big project and we're going to issue a debt and let the future citizens, let the future taxpayers bear the burden of that. 746 02:35:57,100 --> 02:36:00,200 Well, California Constitution says, no, you can't do that. 747 02:36:00,460 --> 02:36:03,120 Just spend your money this year that you have this year, 748 02:36:03,580 --> 02:36:05,660 and you can't encumber the future generations 749 02:36:05,660 --> 02:36:08,480 with a long-term debt on the general fund. 750 02:36:08,700 --> 02:36:10,760 Again, if you're in the utility fund, 751 02:36:11,060 --> 02:36:12,500 the utility is paying for that. 752 02:36:12,500 --> 02:36:14,600 If you're in the tax increment world, 753 02:36:14,600 --> 02:36:16,900 the tax increment is paying for that, that's OK. 754 02:36:17,260 --> 02:36:19,120 But when we're in the general fund world, 755 02:36:19,660 --> 02:36:22,300 you have to only spend what you have available that year. 756 02:36:22,940 --> 02:36:25,540 And so the way we are able to legally 757 02:36:25,540 --> 02:36:30,680 issue of general fund obligation is through the lease because those lease payments are due and 758 02:36:30,680 --> 02:36:36,420 payable each year. As Mr. Fabian just described, if you don't have use and occupancy of the asset, 759 02:36:36,700 --> 02:36:41,480 you the city don't pay the lease payment. So it's what we call a contingent obligation. 760 02:36:42,760 --> 02:36:48,220 It's only payable if you have use and occupancy and that puts us within the constitutional 761 02:36:48,220 --> 02:36:51,600 debt limitation permissible uses. 762 02:36:52,600 --> 02:36:55,740 And so this slide again just goes into more of that detail. 763 02:36:56,280 --> 02:37:01,300 The city will take a essential assets such as City Hall, such as a fire station, 764 02:37:01,580 --> 02:37:06,400 leases it to the financing authority, the members of whom are you as well as the city council, 765 02:37:06,600 --> 02:37:08,040 the members of the financing authority. 766 02:37:08,760 --> 02:37:12,040 So it's all in-house financing authority leases it back to the city. 767 02:37:12,360 --> 02:37:18,040 That generates that lease payment stream that is permissible under the constitution when 768 02:37:18,040 --> 02:37:22,400 given to the trustee, trustee tanks it and hands it over to the investors who have again 769 02:37:22,400 --> 02:37:26,100 given you the money up front and then they get their debt service over time. 770 02:37:38,840 --> 02:37:43,280 Thank you. I don't know if this is appropriate to ask, but I will ask it anyway. 771 02:37:45,440 --> 02:37:56,140 So, you said if earthquake collapse, whatever, then we don't have to pay. What if the city has a deficit? 772 02:37:58,240 --> 02:38:02,820 So he has a deficit, you still have to pay, because you have use and occupancy of that building 773 02:38:02,820 --> 02:38:04,840 and so you're paying the lease payment. 774 02:38:05,320 --> 02:38:07,580 What if we cannot come up with a money to pay? 775 02:38:10,680 --> 02:38:15,360 It is an obligation to pay the lease payment, just like every other obligation you have to 776 02:38:15,360 --> 02:38:18,640 pay salaries and pay the heating bill and all that. 777 02:38:18,780 --> 02:38:23,720 It's co-equal with all those other obligations, you know, again, no different than any others. 778 02:38:25,380 --> 02:38:28,310 Thank you. 779 02:38:28,390 --> 02:38:28,590 Yes. 780 02:38:33,200 --> 02:38:33,780 I'd recommend. 781 02:38:34,160 --> 02:38:34,620 Thank you. 782 02:38:34,720 --> 02:38:34,820 Why? 783 02:38:36,120 --> 02:38:39,180 Just following up with that question. 784 02:38:39,820 --> 02:38:46,380 What's the priority of this paying the debt? 785 02:38:46,900 --> 02:38:48,820 High-quality and paying salary? 786 02:38:51,460 --> 02:38:52,420 So, how do you prioritize? 787 02:38:54,140 --> 02:38:55,860 I mean, again, legally, it's all equal. 788 02:38:55,860 --> 02:39:03,500 You know, it's all these are do each year in which you have the obligation to be do legally that that there's no difference 789 02:39:06,980 --> 02:39:11,240 Council if we if we got into that situation which we'd be extraordinary 790 02:39:11,240 --> 02:39:18,940 We would have to we wouldn't have to have some sort of overall plan for all of our expenses and this would be one of them one of them 791 02:39:18,940 --> 02:39:24,900 Which was important to pay it's still it would have to be included in overall plan to to solve whatever a challenges 792 02:39:24,900 --> 02:39:29,300 of put the city in that situation. Obviously I don't think that situation is going to happen 793 02:39:29,300 --> 02:39:33,400 anytime soon with the city of Mopitas. Again, we have sufficient reserves. 794 02:39:35,040 --> 02:39:37,280 Yeah, not as scary as you think. 795 02:39:37,280 --> 02:39:40,300 Nope, thank you, thank you, thank you so much for the question. 796 02:39:41,780 --> 02:39:52,160 Yeah. Right, in addition to the question, do we, if ACT has a deficit or projected one? 797 02:39:54,460 --> 02:40:03,360 And is it ordinary that we resort to this kind of a band, the least revenue bands or because of that 798 02:40:03,360 --> 02:40:07,160 based on some other factors like credit rating or whatnot? 799 02:40:08,720 --> 02:40:12,040 We do not opt for kind of a band. 800 02:40:13,000 --> 02:40:19,340 Yeah, the way I would think about that question is that when you think about issuance of a least revenue bond, 801 02:40:19,340 --> 02:40:23,240 You're really not, you're not doing it to pay bills. 802 02:40:23,680 --> 02:40:26,340 You're using it to build a facility. 803 02:40:27,580 --> 02:40:32,920 And so that decision to build a facility 804 02:40:32,920 --> 02:40:35,460 through your capital improvement program 805 02:40:35,460 --> 02:40:38,700 is something that's needed and is a priority. 806 02:40:39,980 --> 02:40:43,640 And the least revenue bonds is a mechanism to pay for it. 807 02:40:44,460 --> 02:40:46,740 Over a 20 or 30 year timeframe 808 02:40:46,740 --> 02:40:48,660 so that you would then have the ability 809 02:40:48,660 --> 02:40:54,580 to stretch that payment out over current residents and future residents would it be usually after 810 02:40:54,580 --> 02:41:01,160 construction that the the term of the payment starts or right after the issuance of the 811 02:41:01,160 --> 02:41:06,240 fund typically six months after the issuance so that the bond yes okay 812 02:41:09,730 --> 02:41:11,190 all right thank you 813 02:41:11,190 --> 02:41:16,110 yeah and I actually think that the questions from the council are spot on and it highlights what 814 02:41:16,110 --> 02:41:21,130 Mr. Fabian said at the very beginning in order to build that fire station that's going to cost 815 02:41:21,130 --> 02:41:26,190 to $30 million, you're not going to be able to afford it in one year. 816 02:41:26,490 --> 02:41:29,950 You can't write that $30 million check in one year, because you have salaries. 817 02:41:30,150 --> 02:41:32,010 You have per's pension obligations. 818 02:41:32,890 --> 02:41:37,710 But if you spread it out over 20 or 30 years, then you're just paying a million dollars 819 02:41:37,710 --> 02:41:38,310 a year. 820 02:41:38,530 --> 02:41:40,350 And that is maybe more affordable. 821 02:41:40,890 --> 02:41:43,530 And again, the useful life of that asset is going to be there. 822 02:41:43,690 --> 02:41:46,950 So I think that's what's kind of highlighted by those questions. 823 02:41:46,950 --> 02:41:52,110 You can't afford to pay that much money in one year so you spread it out. 824 02:41:52,930 --> 02:41:58,570 One other point to make is that when you're spreading that debt, the people who are in 825 02:41:58,570 --> 02:42:01,110 let's say, let's make an assumption that it's for 30 years. 826 02:42:01,730 --> 02:42:07,670 The people who are paying taxes for those 30 years are enjoying the benefits of that particular asset. 827 02:42:08,150 --> 02:42:15,370 So we built station number two, a few years ago, and people are now, we are now using station number two. 828 02:42:15,370 --> 02:42:21,530 So folks who have been using that station have the benefits of folks that are of our employees 829 02:42:21,530 --> 02:42:27,070 or public safety staff that serve the community from that station are enjoying the benefits. 830 02:42:27,810 --> 02:42:34,010 So if you want to talk about equity, it is fair for those persons who are enjoying the benefit 831 02:42:34,010 --> 02:42:38,150 of that asset to also contribute to its constructions. 832 02:42:40,740 --> 02:42:41,520 Okay, great. 833 02:42:41,740 --> 02:42:43,380 If we could go to the next slide, please. 834 02:42:44,760 --> 02:42:50,700 So, this financing tool is water and sewer revenue bonds. 835 02:42:51,200 --> 02:42:57,960 You have used this in the past for improvements to your sewer conveyance system, 836 02:42:58,340 --> 02:43:03,320 and then also for your contribution to the San Jose sewer plant, 837 02:43:03,860 --> 02:43:08,660 also for water system improvements within the city as well. 838 02:43:09,080 --> 02:43:11,940 And this type of debt is secured by the repayment 839 02:43:11,940 --> 02:43:18,440 the utilities net revenues, and so when you think about your water, your sewer system, you have 840 02:43:18,440 --> 02:43:24,340 your rates and charges that are paid by the residents and businesses, those are your gross revenues. 841 02:43:25,260 --> 02:43:31,180 You subtract the maintenance and operational expenses of those utilities and then you're left with 842 02:43:31,180 --> 02:43:38,060 your net revenues that are used to pay the debt service on outstanding bonds. This is not a general 843 02:43:38,060 --> 02:43:43,880 fund debt, it does an impact the capacity of the general fund to pay for other services, 844 02:43:44,760 --> 02:43:51,280 a prop to a team process is required to adopt the rates for both your water and sewer system. 845 02:43:51,980 --> 02:43:59,060 It is a stronger credit because it's self-supporting and, you know, you have to drink water 846 02:43:59,060 --> 02:44:05,340 and you have to flush the toilet. You know, so it's something that's an essential utility credit 847 02:44:05,340 --> 02:44:09,680 and the bond market likes those type of credits. 848 02:44:10,500 --> 02:44:15,120 As I mentioned, you have two outstanding sewer revenue bonds and one water bond issue. 849 02:44:16,220 --> 02:44:20,900 From an investor's perspective, for every dollar or debt service you pay, 850 02:44:21,140 --> 02:44:24,300 you have to collect a dollar 15 of revenues. 851 02:44:24,540 --> 02:44:29,360 So you have a 1.15 x coverage factor. 852 02:44:30,040 --> 02:44:34,440 And again, that just helps secure the credit provides a buffer 853 02:44:35,220 --> 02:44:40,440 for the potential bond holders to make sure that they're going to get their debt service 854 02:44:40,440 --> 02:44:46,280 paid each year. And then typically you have in these type of credits additional bonds test 855 02:44:46,280 --> 02:44:53,440 that are you have to meet to be able to issue more debt or either the water or the sewer system 856 02:44:53,440 --> 02:44:54,260 in the future. 857 02:44:55,560 --> 02:44:59,980 Yeah, I mean, for example, the coverage part is interesting. For example, when we went through 858 02:45:00,000 --> 02:45:06,160 The most recent drought a few years back, people were encouraged to conserve water, and they did. 859 02:45:06,320 --> 02:45:10,960 But that meant the revenues available to the water system, the city Melpedus went down. 860 02:45:11,520 --> 02:45:16,980 So, you know, you have to adjust your rates, meanwhile your costs are usually about the same. 861 02:45:17,280 --> 02:45:21,600 So, you have that little coverage factor in there to assure the investors they'll get repaid. 862 02:45:23,790 --> 02:45:30,290 As a reminder, we are starting the process of rates studies for our water and sewer services, 863 02:45:30,290 --> 02:45:36,550 that's going to kick off later this year. That's roughly a two year process because it requires 864 02:45:36,550 --> 02:45:41,510 a lot of outreach because effectively we're reaching out, we're evaluating what our finances 865 02:45:41,510 --> 02:45:47,690 will need to be to support the systems for the subsequent five years because our rates and 866 02:45:47,690 --> 02:45:53,710 sewer rates could study every five years. So this is in collaboration with the finance and public 867 02:45:53,710 --> 02:45:59,630 works that will be doing that work and the supposition is as we have to have those rates in place 868 02:45:59,630 --> 02:46:07,370 by 2020, July 1st, 2020, so we have some work in front of us and so what you will see 869 02:46:07,370 --> 02:46:12,850 as part of that right study is the amount of debt that there will be part of the rates 870 02:46:12,850 --> 02:46:18,070 has to cover this outstanding debt, so that'll be part of the rates, so that'll be coming to 871 02:46:18,070 --> 02:46:23,890 you in about a year. The first of you. 872 02:46:26,070 --> 02:46:27,930 Okay, could you please go to the next slide? 873 02:46:27,930 --> 02:46:34,750 So, the last financing tool, our land secure bonds, and these are typically either community 874 02:46:34,750 --> 02:46:41,990 facility districts commonly known as CFDs or assessment districts commonly known as ADs, 875 02:46:42,550 --> 02:46:48,390 they're secured by either special taxes for a community facilities district or assessments 876 02:46:48,390 --> 02:46:55,290 for an assessment district. They're approved by the property owners or voters within the boundaries 877 02:46:55,290 --> 02:47:02,450 of either of these districts. They're typically used to fund infrastructure, like streets, 878 02:47:03,170 --> 02:47:11,370 sewer, storm drain. It's not an obligation of the city. Again, some of the vanishes of this 879 02:47:11,370 --> 02:47:16,270 type of debt is it's not a general fund obligation. So it has no impact on your general fund. 880 02:47:16,490 --> 02:47:24,010 It can be tailored to the specifics of the project and phased over time. It because it's a vote 881 02:47:24,010 --> 02:47:31,110 of specific people residing or owning property within the boundaries, it's a little bit 882 02:47:31,110 --> 02:47:37,510 easier to get accomplished than the geo-bond process where you need 67% of all voters. 883 02:47:38,470 --> 02:47:44,970 It does allow you to the repayment is dependent upon the value of the property within the boundaries 884 02:47:44,970 --> 02:47:51,250 of the district. They are a little bit complicated to set up. There's a process involved with 885 02:47:51,250 --> 02:47:57,070 forming either a community facilities district or an assessment district, it does require 886 02:47:57,070 --> 02:48:01,430 either approval of the property owners or the residents that live within the boundaries. 887 02:48:02,470 --> 02:48:09,570 There's a real specific strict, strict nexus between the benefit received from an assessment 888 02:48:10,430 --> 02:48:15,070 to the property owners that has to be met, a high legal standard that is required. 889 02:48:15,710 --> 02:48:20,570 And then it does require either the land owner or the registered voters within the district 890 02:48:20,570 --> 02:48:27,790 to approve it. So this is typically done in new development areas where you potentially have like 891 02:48:27,790 --> 02:48:36,490 a raw piece of land where a prop donor wants to do a development. They need community facilities, 892 02:48:36,790 --> 02:48:43,790 district or an assessment district to help fund the upfront infrastructure for land that has no 893 02:48:43,790 --> 02:48:49,390 infrastructure at that point in time and so they would come to the city and ask for one of these 894 02:48:49,390 --> 02:48:57,050 districts to be set up. As far as I know, there are no CFDs or assessment districts, wouldn't 895 02:48:57,050 --> 02:49:03,570 the city for bonded debt. Yeah, for you have, have them for specific needs like landscape 896 02:49:03,570 --> 02:49:04,510 and lighting. 897 02:49:06,780 --> 02:49:09,460 But there's no, but there is no debt related to those districts. 898 02:49:11,590 --> 02:49:12,290 Okay, if you 899 02:49:12,290 --> 02:49:17,210 could go to the next slide, please, I wanted to do a snapshot of your existing outstanding 900 02:49:17,210 --> 02:49:24,090 debt. It's just walked through starting at the top. We talked about the fire station previously. 901 02:49:24,290 --> 02:49:30,190 This is a general fund debt, at least revenue bonds. I'm proud to say it has a double A plus 902 02:49:30,190 --> 02:49:40,510 rating by S&P. It is matures in 2041, June 1st of 2041. So it was a 20-year bond that we did 903 02:49:40,510 --> 02:49:44,650 and it has roughly $16 million outstanding now. 904 02:49:44,870 --> 02:49:51,090 And then it's redeemable on June 1st, 2020 at a hundred percent. 905 02:49:51,270 --> 02:49:54,350 That's the first call date where the bonds could be refunded. 906 02:49:55,570 --> 02:50:01,510 Then going into the utility systems water system first, 907 02:50:01,770 --> 02:50:06,010 the series 2019 bonds, again, double A plus Reddit rating, 908 02:50:06,010 --> 02:50:10,410 reflecting the good strong credit fundamentals of Milpetus. 909 02:50:10,970 --> 02:50:14,050 Those bonds were done for a 30 year time frame. 910 02:50:14,410 --> 02:50:17,230 We have roughly 15 million left of those. 911 02:50:17,230 --> 02:50:21,150 Those are coming up for their first call date on June 1, 912 02:50:21,150 --> 02:50:25,010 2021, on the sewer system side. 913 02:50:25,550 --> 02:50:29,530 You have some bonds coming up for being paid off 914 02:50:29,530 --> 02:50:33,190 on November 1, 2026, those are the 2017 bonds. 915 02:50:33,250 --> 02:50:34,350 So those will go away. 916 02:50:34,350 --> 02:50:38,990 And then you'll be able to have the Series 2019 bonds. 917 02:50:39,290 --> 02:50:42,930 Again, rate of double A plus, a 30 year bonds. 918 02:50:43,190 --> 02:50:46,770 You have roughly 27 million outstanding on those. 919 02:50:47,070 --> 02:50:50,350 And those are callable on November 1, 2021. 920 02:50:51,390 --> 02:50:56,090 And then the last debt that you have are your tax increment bonds, 921 02:50:56,290 --> 02:51:01,770 the Series 2015 bonds, those mature on September 1, 922 02:51:01,770 --> 02:51:06,950 of 2032, those are rated double A by standard of pours. 923 02:51:06,970 --> 02:51:09,990 There's roughly $47 million of bonds left. 924 02:51:10,550 --> 02:51:12,150 Those are now callable. 925 02:51:12,910 --> 02:51:16,290 And as loose mentioned, we'll be talking about refunding 926 02:51:16,290 --> 02:51:21,830 those bonds on September 1st to provide lower debt 927 02:51:21,830 --> 02:51:23,770 service and keep money on Main Street 928 02:51:23,770 --> 02:51:25,410 and not going back to Wall Street. 929 02:51:25,950 --> 02:51:28,670 So that's a snapshot of your outstanding debt 930 02:51:28,670 --> 02:51:31,050 as of July 16th of this year. 931 02:51:35,080 --> 02:51:36,500 That's right. 932 02:51:38,500 --> 02:51:39,480 What do you want to remember then? 933 02:51:42,300 --> 02:51:47,600 My question is related to the buyer. 934 02:51:48,300 --> 02:51:55,980 If I'm the buyer, I'm looking at 3-year bank, wouldn't it be a long time? 935 02:51:57,240 --> 02:52:07,510 Would the bank or the security, what do you call those? 936 02:52:07,550 --> 02:52:08,650 When you buy stocks? 937 02:52:09,810 --> 02:52:20,810 Well, they, we package it in a different form, so the buyer would not have to wait that long for the bond. 938 02:52:21,450 --> 02:52:28,250 Well, look at it this way, so in investor of your bonds, they have a decision to make. 939 02:52:28,810 --> 02:52:29,970 So a 30 year bond. 940 02:52:30,000 --> 02:52:53,580 As 30 different maturities. So, like for example, the sewer bonds, they were issued in 2019. So, there's a 2019, 2020, 2020, 2020, 2020, 2020, 2049 security. So, an individual investor decides, well, what what maturity works for my investment portfolio? 941 02:52:53,580 --> 02:52:59,000 So is it short, short end of the yokeur, middle of the yokeur over the long end of the 942 02:52:59,000 --> 02:52:59,300 yokeur? 943 02:52:59,460 --> 02:53:06,320 So that's an individual decision that an investor makes, whether it's a bond fund or a person 944 02:53:06,320 --> 02:53:16,580 who buys bonds to you, you put out your bonds for that 30 or time frame and allow investors 945 02:53:16,580 --> 02:53:20,820 to decide which maturities they buy and which they don't buy. 946 02:53:20,820 --> 02:53:30,720 bonds are sold all the time back and forth on the secondary market. So it's probably very unlikely that somebody's going to hold a bond for 30 years. 947 02:53:31,080 --> 02:53:40,780 Just because of their individual circumstances or the funds circumstances as rates go up, go down, recessions, you know, boom times. 948 02:53:41,560 --> 02:53:49,300 So it's the secondary market is very active in bonds and it's very typical that somebody doesn't hold it till maturity. 949 02:53:49,300 --> 02:53:56,160 book council member. You're also correct that whoever is buying that 30 year maturity, they're 950 02:53:56,160 --> 02:54:00,600 going to get a higher interest rate than who's buying the the two year maturity, right? 951 02:54:00,720 --> 02:54:06,160 Because there's more risk that the city of Melpedus may not pay in 30 years versus in two years 952 02:54:06,160 --> 02:54:12,180 or any local agency. And so as Mr. Fabian described, because we have a different bond 953 02:54:12,180 --> 02:54:18,680 maturing every year, we don't pay the high interest rate, the 30 year high interest rate on all the 954 02:54:18,680 --> 02:54:23,040 We pay a lower interest rate shorter down the yield curve. 955 02:54:23,180 --> 02:54:26,480 We only pay the higher interest rate on that final couple of 956 02:54:26,480 --> 02:54:28,900 maturitys if that makes sense. 957 02:54:28,900 --> 02:54:30,220 Yeah, that would make perfect sense. 958 02:54:30,620 --> 02:54:33,800 And we do have an example that we're going to walk through to 959 02:54:33,800 --> 02:54:35,340 demonstrate that for you. 960 02:54:35,680 --> 02:54:40,740 So it would be hopefully a little clearer on a hypothetical bond. 961 02:54:41,720 --> 02:54:42,400 Okay, thank you. 962 02:54:43,440 --> 02:54:45,680 Sure, if you go to the next slide, please, 963 02:54:48,940 --> 02:54:49,100 okay. 964 02:54:49,100 --> 02:55:18,100 So in the bond world, they say it takes a village to issue a bond, and these are, this is the members of the village, you're the issueer, you know, you're in control, it's your bond, you're debt, we work all work for you, James, as I mentioned as the bond council, his firm Jones Hall, they also, in most cases like for you, they have also, 965 02:55:18,100 --> 02:55:21,220 or two hats, bond council and disclosure council. 966 02:55:21,520 --> 02:55:23,660 So not only do they pair the legal documents, 967 02:55:23,860 --> 02:55:25,900 provide the tax example, legal opinion, 968 02:55:26,480 --> 02:55:29,540 but they also provide the disclosure documents. 969 02:55:30,240 --> 02:55:33,860 So that investor can decide whether or not to buy your bond. 970 02:55:35,100 --> 02:55:36,900 We are your municipal advisor. 971 02:55:37,380 --> 02:55:41,180 We have a fiduciary duty to protect your financial interest 972 02:55:41,740 --> 02:55:44,860 and to advise on structure, time and pricing. 973 02:55:45,580 --> 02:55:51,920 We have an underwriter who actually buys your bonds from you and then resells them to the public. 974 02:55:52,940 --> 02:56:00,860 We have a rating agency. In your case, we have used Standard and Poor's to provide an independent credit rating 975 02:56:00,860 --> 02:56:04,600 of the city's financial situation and bonds. 976 02:56:05,100 --> 02:56:12,260 We have a trustee. A trustee's job is to take the money from the city to pay the bond holders 977 02:56:12,260 --> 02:56:23,140 on either a semi-annual basis of principle and interest and then a minister or any other funds that are involved with the bond issuance. 978 02:56:23,360 --> 02:56:33,640 And sometimes we have a bond insure, build American mutual or a sure guarantee that provide bond insurance their rated AA. 979 02:56:33,640 --> 02:56:44,440 That's not something you have because of your outstanding credit rating, so you don't have any bond insurance now on any of your bonds. 980 02:56:45,340 --> 02:56:53,920 And so additional members on the issuer side of our team, because it's not just financial though finances is the leader very much in bonding. 981 02:56:53,920 --> 02:57:02,000 The City Attorney's responsibility is to review the documents and of course to speak a little bit to that. 982 02:57:02,200 --> 02:57:04,560 Of our City Attorney wants to speak to that, he certainly can. 983 02:57:05,100 --> 02:57:09,180 And we also collaborate with whoever department has an asset, for example, 984 02:57:09,420 --> 02:57:16,240 let's say that we were thinking about building a two-story sports center to replace our sports center. 985 02:57:16,240 --> 02:57:22,420 So, Renee would be in the director of recreation would be involved in understanding what the 986 02:57:22,420 --> 02:57:27,520 knees are and what that would look like planning would be involved to figure out how we 987 02:57:27,520 --> 02:57:32,620 would be able to plan it, a building that would work in our community, public works would 988 02:57:32,620 --> 02:57:37,380 be involved, not just looking at picing out the answer and looking at how much it is, but also 989 02:57:37,380 --> 02:57:41,860 what are the operating maintenance costs that we're not looking at the cost of the debt, 990 02:57:42,140 --> 02:57:43,720 but we're also looking down the road. 991 02:57:43,720 --> 02:57:46,600 And so it's not, it's a very, 992 02:57:46,980 --> 02:57:58,960 bonding is a complex issue that involves, and of course the city manager, and of course your role in the city council role, which is effectively as a year-night to these initiatives that's the staffing for you. 993 02:58:12,870 --> 02:58:19,050 Yeah, on the PSY, one of the bonds is way the AA, instead of AA plus. 994 02:58:20,730 --> 02:58:27,290 Why would one bond, way the AA and the rest of the bonds, way the AA plus? 995 02:58:27,890 --> 02:58:28,850 Great, great question. 996 02:58:29,110 --> 02:58:35,110 So, as James had talked about when we looked at the tools that are available for issuance of debt, 997 02:58:35,530 --> 02:58:38,510 it really becomes an issue of the security pledge. 998 02:58:38,510 --> 02:59:02,910 And the AA rated bond is your tax allocation refunding bonds from 2015, because it's based upon property value, and it's somewhat passive, you know, properties go up, properties go down, and so that's why that one is rated AA, that's an outstanding credit for a tax allocation bond. 999 02:59:02,910 --> 02:59:08,910 And, you know, I think it was, was it 24, but they were upgraded? 1000 02:59:10,730 --> 02:59:13,530 So those bonds were actually double A minus originally. 1001 02:59:14,010 --> 02:59:20,350 S&P came in, standard imports came in, upgraded those to double A in 2024. 1002 02:59:21,730 --> 02:59:27,410 So that's a, a very, very strong rating, but again, it's, you're, you're, when you think 1003 02:59:27,410 --> 02:59:31,790 about like your other types of debt, where you have the rates and charges of your water 1004 02:59:31,790 --> 02:59:38,210 fund and you're sewer fund, those are view at a higher credit rating of double A plus and 1005 02:59:38,210 --> 02:59:45,790 you're general fund because of your strong management policy framework and wealth factors 1006 02:59:45,790 --> 02:59:48,710 that the community are also rated double A plus. 1007 02:59:49,490 --> 02:59:53,230 So, but in the minds of the rating agency, they're a stronger credit. 1008 02:59:54,050 --> 02:59:55,030 Okay, thank you. 1009 03:00:00,720 --> 03:00:02,840 Okay, next slide, please. 1010 03:00:06,500 --> 03:00:33,800 Yes, we just went over the different team members. And as you won't be surprised to learn, there's also many steps in the process. So, you know, from kickoff to sizing, structuring, how much debt can the individual utility, or can the general fund afford to pay to the documentation and disclosure process to make sure we're telling investors, all the material information regarding the credit and the source. 1011 03:00:33,820 --> 03:00:40,000 of repayment going to S&P rating agency, getting that rating, coming back to you the city council 1012 03:00:40,000 --> 03:00:45,040 with all those documents to actually authorize and say yes, let's move forward with this 1013 03:00:45,040 --> 03:00:51,220 bond financing, going to the marketplace with the underwriter, finding out what investors 1014 03:00:51,220 --> 03:00:55,860 will demand, what interest rate, the investors will demand, that's what we call the sale and 1015 03:00:55,860 --> 03:01:00,840 the pricing, locking in the interest rates at that time and then typically will close the financing 1016 03:01:00,840 --> 03:01:08,520 two weeks later, meaning funds are in hand at closing, and not to gloss over the last part, 1017 03:01:08,620 --> 03:01:14,220 which really falls onto city staff. All of us as financing team consultants, we help on the first 1018 03:01:14,220 --> 03:01:19,560 side of things to get the deal closed, but then it's really city staff that's going to be administering 1019 03:01:19,560 --> 03:01:24,680 the bond, continuing disclosure to bondholders, letting them know, hey, we're still okay, 1020 03:01:24,680 --> 03:01:31,260 Melpedus is still doing good here. These bonds are still getting paid. Any other IRS, audit, 1021 03:01:31,460 --> 03:01:37,820 inquiries, these kinds of things come up from time to time. So it really is not just the 1022 03:01:37,820 --> 03:01:43,300 financing issuance timeline, but really you're living with that debt, the entire life of the debt. 1023 03:01:49,080 --> 03:01:50,700 Okay, if you could go to the next slide, please. 1024 03:01:53,240 --> 03:01:57,200 So this gets back to the question of credit ratings again. 1025 03:01:57,200 --> 03:02:04,960 So going left to right, you're looking at a AAA being the highest rating to triple C being 1026 03:02:04,960 --> 03:02:13,700 basically not credit worthy, so to speak, non-investment grade credit, as we talked about, 1027 03:02:13,900 --> 03:02:22,480 the city is in a very strong position, you're currently rated AAA as a city by standard 1028 03:02:22,480 --> 03:02:30,880 doors, your water, sewer, lease revenue bonds are double a plus. And again, that's typically 1029 03:02:30,880 --> 03:02:37,280 the way it works where you're a notch lower than your credit rating as a city because 1030 03:02:37,280 --> 03:02:44,680 of the fact that you have the legal provisions and other matters of why a debt is rated 1031 03:02:44,680 --> 03:02:50,320 a notch lower than what you are as a city. So the triple a rating of the city double a plus 1032 03:02:50,320 --> 03:02:53,060 by the on your outstanding credit. 1033 03:02:53,520 --> 03:02:57,240 And as we mentioned, the AA on the tax allocation bonds. 1034 03:02:57,940 --> 03:02:59,940 So some of the things that the sit, 1035 03:03:00,480 --> 03:03:02,120 when, as soon as you look at your credit, 1036 03:03:02,280 --> 03:03:04,540 they really look at the local economy, 1037 03:03:05,460 --> 03:03:07,800 your tax base, your demographics, 1038 03:03:08,240 --> 03:03:13,580 your wealth factors, per capita affected by an income, 1039 03:03:13,980 --> 03:03:16,160 they look at your financial results, 1040 03:03:16,760 --> 03:03:19,180 whether you do have deficits 1041 03:03:19,180 --> 03:03:26,000 or whether you have strong reserves, they look at your existing debt and your pension obligations 1042 03:03:26,000 --> 03:03:30,100 to know how much liability that you have. 1043 03:03:30,420 --> 03:03:39,680 I can't stress enough the importance of management and policy framework and financial reporting 1044 03:03:39,680 --> 03:03:44,240 to make sure that your annual audits are done on time. 1045 03:03:44,240 --> 03:03:55,660 There's no management findings in the audits that you have a very strong effective policy framework to govern how things are done. 1046 03:03:56,300 --> 03:04:05,420 And then stability and management is a very important thing, too. Also, you know, the governance and political environment and it's another factor that S&P looks at. 1047 03:04:05,420 --> 03:04:11,860 Again, the credit rating is an independent external review. 1048 03:04:13,400 --> 03:04:29,200 We help you present your story to them, but we really have no ability to challenge them on what they come up with in terms of their internal process of going to credit committee and coming back with the rating. 1049 03:04:29,200 --> 03:04:34,780 but our job is to really make sure that we put together a presentation that really 1050 03:04:34,780 --> 03:04:43,620 essentially it's all the positive factors of the community and I did want to ask you 1051 03:04:43,620 --> 03:04:49,040 if you would talk a little bit about how we are always when we are in public we are 1052 03:04:49,040 --> 03:04:50,860 always speaking to the market. 1053 03:04:51,820 --> 03:04:58,100 Yeah I would definitely say that that's very important consideration to think about and 1054 03:04:58,100 --> 03:05:05,940 James will go in a little bit further, but it's really important as policy makers and stakeholders 1055 03:05:06,880 --> 03:05:13,880 to really think about the benefit of the community, the community as a whole, the put a positive 1056 03:05:16,890 --> 03:05:23,170 presentation forward about the community, how you're working together as policy makers for the benefit of the community 1057 03:05:23,170 --> 03:05:35,950 And how everything that is done is to really keep moving the city forward, both from a development perspective, but a financial perspective. 1058 03:05:36,490 --> 03:05:45,650 And how you really have to be careful about what you say in a public meeting, public setting about the community, the financial health of the community. 1059 03:05:45,650 --> 03:05:54,590 And just be cognizant of the fact that things get picked up on the Internet by the 1060 03:05:54,590 --> 03:06:00,650 rating agencies, by social media, and it's more now than ever before. 1061 03:06:02,170 --> 03:06:03,510 James, anything you want to add? 1062 03:06:03,850 --> 03:06:08,710 Yeah, I mean, just to put it into dollars and cents, the better credit rating you have, 1063 03:06:09,030 --> 03:06:10,750 the lower cost borrowing, right? 1064 03:06:10,750 --> 03:06:19,110 And so, obviously, the city's done a very good job maintaining strong financial metrics and 1065 03:06:19,110 --> 03:06:24,370 as Mr. Fabian says, the S&P, they do read the newspapers, investors read the newspapers 1066 03:06:24,370 --> 03:06:24,770 too. 1067 03:06:25,910 --> 03:06:28,630 So, we want to always put our best foot forward for the city. 1068 03:06:33,750 --> 03:06:35,310 Okay, we're going to go to the next slide, please. 1069 03:06:40,520 --> 03:06:48,080 Okay, so in terms of the way bonds are sold, we have a couple different ways that we sell bonds. 1070 03:06:48,820 --> 03:06:52,160 So, we sell your bonds to the public. 1071 03:06:52,460 --> 03:06:55,220 So, anyone has the opportunity to buy a millpeed 1072 03:06:55,220 --> 03:06:56,720 as bond, whether as an individual 1073 03:06:56,720 --> 03:07:00,820 or through a mutual fund or another fund. 1074 03:07:01,600 --> 03:07:05,340 So, there's typically two ways that public offerings are done. 1075 03:07:05,980 --> 03:07:09,160 A competitive sale is done where you say, 1076 03:07:09,440 --> 03:07:14,440 on this date, at this time, every underwriting desk 1077 03:07:14,440 --> 03:07:17,140 has the opportunity to bid on your bonds, 1078 03:07:17,140 --> 03:07:25,500 provide the best bid, and it's awarded to the bank that produces the best true interest 1079 03:07:25,500 --> 03:07:29,920 cost to the city. For example, James and I both worked. 1080 03:07:30,000 --> 03:07:59,740 For the city of San Bruno across the bay, on they had a, actually, we're lucky to get a general obligation bond authorization by their community on August 4th. We did a competitive sale. We got 10 bids. We awarded to the Bank of, uh, provided the best bid to the city of San Bruno. So that's a competitive sale. On a negotiated sale, that's where a bank is selected, uh, based upon their ability to underwrite bonds. 1081 03:07:59,740 --> 03:08:08,620 there expertise to underwrite bonds and historically the city has had a very good work in relationship with 1082 03:08:08,620 --> 03:08:16,500 steeple Nicholas as an underwriter who has assisted the city to underwrite the bonds going back to 1083 03:08:16,500 --> 03:08:23,320 the 2015 tax allocation refunding bonds, the water and wastewater bonds, and then the least revenue 1084 03:08:23,320 --> 03:08:29,540 bonds that we talked about. And so under this situation there are selected based upon that 1085 03:08:29,540 --> 03:08:36,900 expertise. We as your municipal advisor, a work to make sure that they provide a cost 1086 03:08:36,900 --> 03:08:43,300 and underwriters discount that is fair and representative of the current market situations. 1087 03:08:43,960 --> 03:08:50,220 They are brought on early and they help in the structuring of the debt. We're on a competitive 1088 03:08:50,220 --> 03:08:56,080 sale, the underwriter basically is on that day, given the information about the debt and 1089 03:08:56,080 --> 03:09:03,620 provide their bid. The basis of award, as I mentioned, on a competitive sales, the lowest 1090 03:09:03,620 --> 03:09:09,300 true interest cost on a negotiated sale. There's a little bit more flexibility, because you can 1091 03:09:09,300 --> 03:09:15,040 work with the underwriter to say on this day, it doesn't look so great, so let's wait, and you 1092 03:09:15,040 --> 03:09:23,040 have a little bit more nimbleness to enter the market. Competitive sale is where you're a frequent 1093 03:09:23,040 --> 03:09:28,080 an issuer, like say the city of San Francisco, who's regularly in the market, like pretty 1094 03:09:28,080 --> 03:09:33,320 much every other month, so they have a very strong name in the bond market. 1095 03:09:33,780 --> 03:09:39,380 Milpedis, you don't issue a lot of debt, so you're more of a story to talk to investors 1096 03:09:39,380 --> 03:09:43,480 about, but you're a strong credit, and that helps. 1097 03:09:44,420 --> 03:09:50,180 So typically, like on a negotiated sale, it's more complex, or there's less familiarity with 1098 03:09:50,180 --> 03:09:50,620 the credit. 1099 03:09:50,620 --> 03:10:08,460 The other method on the right there is a private placement sometimes a bond might not be the best way to go because of a specific situation like say for like an energy efficiency project and you want to go directly to a bank to get a loan. 1100 03:10:08,460 --> 03:10:15,980 And so that's what a private place been is, where you direct and negotiate strictly with a bank to provide a bank loan. 1101 03:10:16,620 --> 03:10:22,600 There's no public offering that bank holds that credit for the 10 or 15 year term. 1102 03:10:23,040 --> 03:10:28,380 Typically it's a smaller borrowing amount and it's more efficient to do on a private place with basis. 1103 03:10:28,620 --> 03:10:32,580 So those are the mechanisms of how bonds are sold. 1104 03:10:34,120 --> 03:10:35,480 Next slide, please. 1105 03:10:38,100 --> 03:10:42,540 Jim just kind of went over this public offering versus private placement. Most of what we've 1106 03:10:42,540 --> 03:10:46,560 been talking about tonight is just kind of assuming the public offering, you know, multiple 1107 03:10:46,560 --> 03:10:52,340 investors, the disclosure documents, so that the investors know what they're buying. Again, 1108 03:10:52,800 --> 03:10:56,440 as Mr. Fabian just mentioned, the private placement, you're just working with one lender, 1109 03:10:56,800 --> 03:11:01,660 think about just going down the street to your mortgage lender, one bank. And so, 1110 03:11:02,620 --> 03:11:11,280 Yeah, fast forward. Next slide. Again, private placement versus public offering just different ways to access the marketplace. Next slide. 1111 03:11:13,510 --> 03:11:19,690 Okay, so here. This is the example I wanted to walk through for you about like a hypothetical borrowing. 1112 03:11:20,630 --> 03:11:26,610 And so under this case, what we did is we just assumed that you need $10 million for a project. 1113 03:11:26,610 --> 03:11:34,690 Okay. And so you're going to borrow a $10 million amount of bonds. Investors are going 1114 03:11:34,690 --> 03:11:39,710 to pay you a premium because they want higher coupon. So they're actually going to pay 1115 03:11:39,710 --> 03:11:45,250 $500,000 to get a higher coupon to you. So that's a different additional source of money. 1116 03:11:45,430 --> 03:11:52,750 So you have $10.5 million as a source for you. You need $10 million for your project fund 1117 03:11:52,750 --> 03:12:01,050 on this hypothetical project, you have a debt service reserve fund of $200,000 in cost of 1118 03:12:01,050 --> 03:12:07,850 issuance of $300,000. And so the debt service reserve fund is for the benefit of the bond 1119 03:12:07,850 --> 03:12:16,990 holders in case there was a non-payment. And then the cost of issuance are the fixed cost of 1120 03:12:16,990 --> 03:12:25,210 myself and James and the underwriter to actually sell the bonds. So sources on the left uses 1121 03:12:25,210 --> 03:12:31,170 on the right, if you could go to the next slide, please. Before you do that, can you explain 1122 03:12:31,170 --> 03:12:39,810 what coupons are in this context? Sure. So coupons are the actual, in the old days, 1123 03:12:40,170 --> 03:12:46,410 you actually would get a paper coupon and say, I would like to present this for payment and 1124 03:12:46,410 --> 03:12:54,630 say 4.25% on this bond and so that's the coupon is the individual bond and then the amount of 1125 03:12:54,630 --> 03:13:00,570 the interest for that individual bond. We still use the term even though everything's electronic now. 1126 03:13:03,660 --> 03:13:09,560 Okay so on the next slide so this is the hypothetical debt service payment for that $10 million 1127 03:13:09,560 --> 03:13:17,800 And we're assuming a level of borrowing at 4% over 20 years. 1128 03:13:18,480 --> 03:13:25,580 And so you can see here that to repay that 10 million principle and interest over that 20 year period. 1129 03:13:25,840 --> 03:13:32,020 It actually cost you $4.7 million in interest to repay that. 1130 03:13:32,240 --> 03:13:38,700 And you can see the level of debt service on the graph on the right where you have your interest. 1131 03:13:38,700 --> 03:13:46,400 That's higher in the early years and then lower in the latter years because you're principle just like on your mortgage 1132 03:13:46,400 --> 03:13:53,560 You're paying more principle as the term comes to an end and so you can see on the last year 1133 03:13:53,560 --> 03:13:58,220 It's almost all principle and little interest and so those early years 1134 03:13:58,220 --> 03:14:00,960 You're definitely paying more interest 1135 03:14:01,720 --> 03:14:08,680 Typically as we talked about in your ten the bonds can be called and typically at a high 1136 03:14:08,700 --> 03:14:15,000 percent so you have no pre-payment penalty and that's typically where you can 1137 03:14:15,000 --> 03:14:20,840 for the next 10 years have a lower debt service amount because the interest rate 1138 03:14:20,840 --> 03:14:26,000 would be lower in that in that 11th year through the 20th year. So we always 1139 03:14:26,000 --> 03:14:30,700 as your municipal advisor look for those opportunities to refund 1140 03:14:30,700 --> 03:14:35,700 debt's point get up to the call date. So this is just a hypothetical example 1141 03:14:35,700 --> 03:14:37,060 that with that might be helpful. 1142 03:14:49,590 --> 03:14:57,230 Thank you. I'm trying to decide which way to go. Let's say 1143 03:14:57,230 --> 03:14:58,450 is there a certain amount. 1144 03:15:00,970 --> 03:15:23,350 Let's say you raise a, you want to raise 10 million or 15 million dollars, but stay point that you decide you want to be, you want to borrow this amount, or you want to have a bounce issue bounce. 1145 03:15:23,350 --> 03:15:27,870 Is there a clear cut, which way? 1146 03:15:28,170 --> 03:15:37,150 Yes, I think it really goes back to when you think about the context of what the facility is you need, right? 1147 03:15:37,670 --> 03:15:46,450 So you have a capital improvement program that you spend a lot of time putting together to define what your facility needs are. 1148 03:15:46,450 --> 03:15:52,650 or your infrastructure needs are you identify whether it's a $10 million project or a $50 million 1149 03:15:52,650 --> 03:15:59,470 project that you don't have $10 million or $50 million in the budget so you want to stretch 1150 03:15:59,470 --> 03:16:08,730 three payment out over that 20 or 30 year and so you have to decide well how much can I have 1151 03:16:08,730 --> 03:16:14,870 forward to pay in debt service and so like the fire station you know that was a general fund obligation 1152 03:16:14,870 --> 03:16:21,230 and so you had to have the wear with all in the general fun to pay that annual debt service 1153 03:16:21,230 --> 03:16:26,550 for the fire station. Same thing would apply here, whether it's a 10 million or 50 million, 1154 03:16:27,030 --> 03:16:32,070 you'd have to determine that you have enough resources in your budget to pay the debt service 1155 03:16:32,070 --> 03:16:38,650 because you're not getting a new revenue source to repay that debt. It has to come from existing 1156 03:16:38,650 --> 03:16:45,710 resources. If the interest rate is made at all, would the loan be more attractive that is 1157 03:16:45,710 --> 03:16:46,630 you in bond? 1158 03:16:48,970 --> 03:16:53,910 Typically, you're referring to like a private place but are alone with a bank, right? 1159 03:16:54,470 --> 03:17:02,690 Yes. Yeah. In most cases with your credit rating of a AA plus, that's the best way to borrow money, 1160 03:17:02,850 --> 03:17:09,570 because that provides you with the lowest cost funds, is by borrow. Going out in the public and using 1161 03:17:09,570 --> 03:17:14,910 in that AA plus rating to borrow money versus going to a bank. 1162 03:17:15,430 --> 03:17:19,930 Part of the back office work for lack of a better term that we do before we bring anything 1163 03:17:19,930 --> 03:17:26,290 to council is really looking at all the alternatives and which direction should we go and 1164 03:17:26,290 --> 03:17:31,330 what's the best for the situation for the asset or assets that the city wants within cities 1165 03:17:31,330 --> 03:17:37,630 needs for the reason for issuing the debt as well as the mechanism to pay off that debt. 1166 03:17:37,630 --> 03:17:39,510 So that's part of the evaluation. 1167 03:17:40,230 --> 03:17:42,490 So when we come to you on September 1st, 1168 03:17:42,590 --> 03:17:44,390 we'll be talking a little bit about why we chose 1169 03:17:44,390 --> 03:17:46,170 to go one labor system, another. 1170 03:17:49,850 --> 03:17:50,290 Okay. 1171 03:17:52,030 --> 03:17:53,270 All right, thank you. 1172 03:17:57,330 --> 03:17:58,530 Okay, next slide, please. 1173 03:18:01,660 --> 03:18:03,400 Okay, I have a couple here, 1174 03:18:03,620 --> 03:18:05,180 and we're getting toward the end here. 1175 03:18:05,320 --> 03:18:07,140 So thanks, everyone, for their patience. 1176 03:18:07,380 --> 03:18:09,020 But these are, these are important here. 1177 03:18:09,160 --> 03:18:10,940 This is kind of on the disclosure side. 1178 03:18:10,960 --> 03:18:12,340 So we touched on this earlier 1179 03:18:12,340 --> 03:18:19,840 where when we sell a bond in the marketplace, we're speaking to investors, the federal securities laws apply, 1180 03:18:20,440 --> 03:18:25,980 which means we have to provide all material information and make sure we're not omitting any material 1181 03:18:25,980 --> 03:18:30,820 information when we're selling these bonds because if there's a piece of material information, well, 1182 03:18:31,060 --> 03:18:35,480 it could affect the interest rate. You know, it could affect whether a buyer wants to buy the millpeeta's 1183 03:18:35,480 --> 03:18:40,280 bonds or not. For example, what is the rating? You know, if it's a double A plus rating, 1184 03:18:40,280 --> 03:18:41,740 That's what we're going to tell investors. 1185 03:18:42,020 --> 03:18:43,520 We're not going to tell them it's AAA, right? 1186 03:18:43,520 --> 03:18:45,780 That's an obvious error, you know? 1187 03:18:46,200 --> 03:18:49,340 But on the omission side, could be equally important. 1188 03:18:50,620 --> 03:18:53,880 You know, if we're financing a wastewater facility, 1189 03:18:54,380 --> 03:18:55,840 you know, we want to tell investors, 1190 03:18:56,520 --> 03:18:59,680 do we have enough money to complete the whole project, for example, 1191 03:19:00,340 --> 03:19:04,120 or did the Prop 218 rate study get accomplished 1192 03:19:04,120 --> 03:19:05,500 so that we have the revenues? 1193 03:19:05,700 --> 03:19:08,620 You know, those kind of things, it's not just what we tell investors, 1194 03:19:08,620 --> 03:19:11,420 but also what we don't omit to tell them. 1195 03:19:11,820 --> 03:19:13,740 And so as has already been alluded to, 1196 03:19:13,920 --> 03:19:16,360 you have a whole team working for you, the city, 1197 03:19:16,900 --> 03:19:20,260 to make sure we prepare a complete disclosure document, 1198 03:19:21,200 --> 03:19:23,180 the disclosure coordinator, in this case, 1199 03:19:23,300 --> 03:19:25,620 it'd be the finance director, over scene, 1200 03:19:25,860 --> 03:19:28,740 the rest of us on the team, working with city attorney, 1201 03:19:29,040 --> 03:19:31,800 city manager's office, public works, 1202 03:19:31,880 --> 03:19:34,180 whoever would have material information, 1203 03:19:34,180 --> 03:19:39,660 and you know, important information as to the debt being issued. 1204 03:19:40,220 --> 03:19:43,060 And again, as we alluded to earlier, that's the official statement. 1205 03:19:43,140 --> 03:19:46,100 That's prepared when we first issue and sell the bonds. 1206 03:19:46,360 --> 03:19:49,760 But on a going forward basis, we're going to be speaking to the marketplace. 1207 03:19:49,980 --> 03:19:55,420 We're going to be posting the audited financial statements of the city every year when they become available. 1208 03:19:55,800 --> 03:20:01,300 We're going to be providing investors, other statistical information that might be relevant. 1209 03:20:01,300 --> 03:20:07,180 Again, in a utility credit, for example, what is our net revenues available to pay debt service? 1210 03:20:07,360 --> 03:20:10,400 You know, what is our gross revenues, what's our operations and maintenance? 1211 03:20:10,500 --> 03:20:11,460 What's that coverage? 1212 03:20:11,620 --> 03:20:16,360 Making sure we're meeting that 115 coverage ratio we talked about earlier. 1213 03:20:17,560 --> 03:20:20,100 Also, material events, the ratings can change. 1214 03:20:20,560 --> 03:20:24,260 As was alluded to, your tax allocation bond actually got a rating upgrade. 1215 03:20:24,600 --> 03:20:25,900 That's material information. 1216 03:20:25,900 --> 03:20:33,160 We post that to the marketplace, so the investors know that and can trade in the bonds with that full information. 1217 03:20:34,380 --> 03:20:34,940 Next slide, please. 1218 03:20:39,170 --> 03:20:46,290 Again, bringing it back to the city council as the governing body, as the issuer of these bonds. 1219 03:20:47,690 --> 03:20:59,170 You are just like all of us subject to the federal securities laws, helping all of us make sure that we comply with that providing all the material information regarding the bond that we 1220 03:20:59,190 --> 03:21:05,130 collectively know about. The challenge with materiality is it's not a bright line test, right? 1221 03:21:05,230 --> 03:21:10,070 What is important to a particular investor in a bond? Think about yourself when you make your 1222 03:21:10,070 --> 03:21:16,790 investment decisions in a stock or a bond yourself, your individual portfolio, you want to have 1223 03:21:16,790 --> 03:21:22,790 as much information as you can, but obviously it's hard to know what pieces are material. So we do our 1224 03:21:22,790 --> 03:21:32,950 it's a reasonable judgment, kind of test and we just we talk about it on the right-hand side 1225 03:21:33,310 --> 03:21:39,950 in particular what what the city council should be doing is is just reading the documents that we bring before you, 1226 03:21:41,070 --> 03:21:48,030 asking staff and all of us as your consultants. If you have questions or if there's something that's not clear, 1227 03:21:48,030 --> 03:21:54,550 making sure there are disclosure policies and training, which this session is part of that 1228 03:21:54,550 --> 03:22:00,450 training, making sure you're up to date on what's going on in the city, and if additional 1229 03:22:00,450 --> 03:22:05,570 training is necessary, all of us are available. And again, making sure that we are disclosing any 1230 03:22:05,570 --> 03:22:11,970 potential risks, you know, seismic kinds of risk, litigation, material litigation that might 1231 03:22:11,970 --> 03:22:18,930 impacting a particular bond. Again, it can be all discussed internally as the financing team and 1232 03:22:18,930 --> 03:22:24,830 then decide what is disclosed to the to the outside investors because obviously some things 1233 03:22:24,830 --> 03:22:29,890 are privileged but we need to strike that right balance of providing all material information. 1234 03:22:30,110 --> 03:22:59,970 There's a footnote here. Orange County, as we all know, went bankrupt famously in 1990s. They had bonds. They got sued, and they got in trouble. Not just for going bankrupt, because they didn't tell investors, hey, there was these risks of the bankruptcy. Hey, we're trading highly speculative securities in our investment portfolio. They got in trouble for that. San Diego, 20 years later, got in trouble, including elected officials for not accurately disclosing their pension liabilities. San Diego, 1235 03:23:00,110 --> 03:23:05,190 self-funded their pension, they told investors, it was in the whole $400 million, it was actually 1236 03:23:05,190 --> 03:23:11,530 in the whole $2 billion. And so that was a problem, investors needed to know that. And so again, 1237 03:23:11,690 --> 03:23:16,830 those are pretty egregious examples, you know, but there are just examples that are out there. 1238 03:23:17,250 --> 03:23:21,830 If you know something, please bring it to staff attention. 1239 03:23:25,050 --> 03:23:27,510 And I think we're on to our own nearly 1240 03:23:27,510 --> 03:23:35,810 last slide here. Yeah, again, we've talked about this. Everything comes through the city council 1241 03:23:35,810 --> 03:23:44,510 as the governing board, approving any kind of bond financing and delegating to staff, final pricing 1242 03:23:44,510 --> 03:23:50,110 terms and conditions, reviewing that official statement before it's disseminated to potential 1243 03:23:50,110 --> 03:23:56,950 investors, understanding what material means that a reasonable investor would consider important 1244 03:23:56,950 --> 03:24:02,970 in their investment decision and just working with city staff and your consultants. 1245 03:24:06,080 --> 03:24:07,200 Next one. 1246 03:24:09,040 --> 03:24:09,620 That's it. 1247 03:24:09,720 --> 03:24:10,620 I think turn it back. 1248 03:24:12,000 --> 03:24:12,040 Yeah. 1249 03:24:12,360 --> 03:24:16,460 So let's wrap things up here on policy framework and key takeaways. 1250 03:24:17,720 --> 03:24:21,380 You have an existing debt management policy that was adopted. 1251 03:24:21,820 --> 03:24:24,180 It's referenced there down below. 1252 03:24:24,180 --> 03:24:30,800 Key document to describe how that will be issued within the city of Milpetus. 1253 03:24:31,460 --> 03:24:39,780 You have existing reserve and investment policies that are very important for the rating agency and bond investors. 1254 03:24:40,380 --> 03:24:47,040 You have and continue to provide continuing disclosure to the marketplace on an annual basis. 1255 03:24:47,040 --> 03:24:55,080 Are you also are required to provide reports to CDAC who tracks all debt issued within California by public agencies? 1256 03:24:57,320 --> 03:25:05,540 Each when you approve the audit, the audit contains footnotes and tables related to your outstanding debt. 1257 03:25:06,240 --> 03:25:15,760 And there's a consistency between the debt management policy, the capital improvement program in any applicable rate study. 1258 03:25:15,760 --> 03:25:35,260 Some of the key takeaways that we wanted to leave you with is that, you know, when you think about debt, it's your debt, the city's debt must be actively managed to be able to understand exactly the profile where the debt is and repayment of that debt. 1259 03:25:35,260 --> 03:25:53,120 We, the finance team, work for the city, we answer to you, the security pledge, as we talked about as a central question in any issue, each of the financing tools that we talked about has a different security pledge. 1260 03:25:53,120 --> 03:26:04,000 The accurate disclosure is continuing legal duty of not only staff, but the elected officials. 1261 03:26:05,340 --> 03:26:17,780 The council approves all the documents related to a dead issuance with certain parameters that are put into the resolution to be the not to exceed amounts, 1262 03:26:17,780 --> 03:26:24,360 whether that's the not to seed interest rate under writer's discount, a true interest cost, 1263 03:26:24,760 --> 03:26:32,300 or minimum savings requirement. A strong policy framework is absolutely essential to keep 1264 03:26:32,300 --> 03:26:39,480 that strong credit rating that you have. And so really proud of the fact that you have such a high 1265 03:26:39,960 --> 03:26:46,560 credit rating and staff and the electives have worked real hard to maintain that over the years. 1266 03:26:46,560 --> 03:26:54,160 And as we talked about, the council discussions are closely watched by the investment community 1267 03:26:54,160 --> 03:26:57,820 and can influence the perception of the city's credits. 1268 03:26:58,440 --> 03:27:00,320 So we really appreciate your time tonight. 1269 03:27:00,560 --> 03:27:05,640 We hope we provided you with a comprehensive overview of debt, 1270 03:27:06,080 --> 03:27:11,220 how it's issued, why it's issued, and answer any questions that you have related to debt. 1271 03:27:13,170 --> 03:27:18,730 I want to thank Jim and James both to come in to help us with this question. 1272 03:27:19,350 --> 03:27:21,390 This is important to understand. 1273 03:27:22,410 --> 03:27:27,110 This is a big responsibility and this is one of the most significant responsibilities 1274 03:27:27,110 --> 03:27:32,310 along with adopting the budget that the City Council has and this is just another way of investing 1275 03:27:32,310 --> 03:27:37,650 in the community and providing those services and those assets that the community wants 1276 03:27:37,650 --> 03:27:38,410 and needs. 1277 03:27:38,410 --> 03:27:48,890 So, again, if we have any other questions or concerns or I'm also available as well. 1278 03:27:59,660 --> 03:28:02,580 This is a follow up question of my previous question. 1279 03:28:02,900 --> 03:28:17,760 If I would ask for a guideline for deciding whether I should go with issuing bonds or borrowing money, 1280 03:28:17,760 --> 03:28:21,920 What kind of guy non you could give me? 1281 03:28:23,260 --> 03:28:27,420 Is it depend on interest rate or depend on the Aman? 1282 03:28:28,060 --> 03:28:29,260 I'm boring. 1283 03:28:31,720 --> 03:28:33,620 Just give me some basic guidelines. 1284 03:28:34,940 --> 03:28:41,700 Well, as we talked about, you have debt policies that are the guidelines for how you issue debt 1285 03:28:41,700 --> 03:28:43,920 when you issue debt and why you issue debt. 1286 03:28:43,920 --> 03:28:50,160 So, I would encourage everybody to look over those guidelines that you currently have. 1287 03:28:50,960 --> 03:28:59,600 And, you know, when you think about issuance of debt, you really have to put it into the context of the capital improvement program. 1288 03:29:00,340 --> 03:29:06,280 Your current budget and your current resources available to pay debt service. 1289 03:29:06,520 --> 03:29:11,940 And when you factor all those things in, that's how you make a decision whether to borrow, 1290 03:29:11,940 --> 03:29:16,920 because as we talked about that $10 million or $50 million project, you don't have that 1291 03:29:16,920 --> 03:29:23,960 money sitting unencumbered and available to fund one project in one year, you have to stretch 1292 03:29:23,960 --> 03:29:31,360 it out so that you have a manageable debt service payment each year and that that cost is paid 1293 03:29:31,360 --> 03:29:39,380 by not only your current residents, but the future residents. So it's really not like there's 1294 03:29:39,380 --> 03:29:50,020 I, you know, I could say these three things are factors in when you issue debt, but, it's, it's in the context of the larger picture of your financial situation. 1295 03:29:50,380 --> 03:29:53,380 I would suggest to you that it's an art not a science. 1296 03:29:55,380 --> 03:29:59,480 Because it's a given situation where the city is, what do you want to do with that money? 1297 03:30:00,000 --> 03:30:07,640 What do we, what benefit will it bring on both in the short and the long term? So it is always an art, not a science. 1298 03:30:09,500 --> 03:30:28,840 I would also say that we have links that are in the item themselves. The CDX CDIAC has really good training. They do it in a wonderful way in like 15 minutes sound vibes, which I like because it's like I can only listen for 15 minutes until listen again, but they do have a really good training program. 1299 03:30:28,840 --> 03:30:37,140 And if you want to just listen to it while you're in the car, you log in and you just listen to it ever again. 1300 03:30:38,320 --> 03:30:40,040 These are complex issues. 1301 03:30:40,860 --> 03:30:46,820 And along with budget it is how you issue debt as a community, as a municipality, 1302 03:30:47,400 --> 03:30:53,380 is an indication of what the community wants and what the council believes the community wants. 1303 03:30:53,380 --> 03:31:00,720 is that is a sort of, it's an, it's also an investment, because you're saying I want, 1304 03:31:00,720 --> 03:31:05,780 we want this asset, community is told us we want this asset, and we want this asset for the long-term. 1305 03:31:06,960 --> 03:31:14,860 So, I look at debt fairly as one tool in the toolbox to basically improve the city on a long-term basis. 1306 03:31:15,860 --> 03:31:22,260 I think another factor too, when you think about a debt issuance, it's cheaper to build something in 1307 03:31:22,260 --> 03:31:27,620 twenty twenty six, then it will be in twenty twenty nine. And so when you factor in rising 1308 03:31:27,620 --> 03:31:35,480 cost that we've been really dealing with, you know, on a significant basis since we had 1309 03:31:35,480 --> 03:31:43,700 the COVID shutdown and inflation has come back that if you can say, well, it'll be cheaper 1310 03:31:43,700 --> 03:31:50,040 to build something now than wait. And that should be another factor in deciding whether or not 1311 03:31:50,040 --> 03:31:55,720 issue debt to build something now versus later. This is only going to be more expensive down later. 1312 03:32:02,560 --> 03:32:11,000 Any other questions? I have a question or to so I'm looking at, well, thank you for the 1313 03:32:11,000 --> 03:32:17,720 information and education. I'm looking at the types of financing being discussed and it looks like 1314 03:32:17,720 --> 03:32:25,900 that we have currently, as you said, the water sewer and the general fund back up by the 1315 03:32:25,900 --> 03:32:26,700 list revenue. 1316 03:32:28,540 --> 03:32:33,160 The question is, regardless of the source of the financing, 1317 03:32:35,560 --> 03:32:38,380 is there a limitation on where 1318 03:32:38,380 --> 03:32:44,300 to spend the proceeds of the loan or it depends on the kind of financing? 1319 03:32:46,080 --> 03:32:54,040 Yes. Each bond does have limitations. If it is the sewer bond, for example, that's paid from 1320 03:32:54,040 --> 03:33:00,080 sewer rates, it's got to go for sewer infrastructure, water system, water infrastructure. 1321 03:33:00,920 --> 03:33:07,260 Generally, you have more flexibility. Generally, how you use your general fund. In that particular 1322 03:33:07,260 --> 03:33:12,800 bond, we told investors we're going to use it for a fire station, but you could use your 1323 03:33:12,800 --> 03:33:19,760 of fund to back projects otherwise available to the general fund. So, really depends on each 1324 03:33:19,760 --> 03:33:28,940 each bond. Okay, I get that. So, for example, we can do a list revenue financing if we build that 1325 03:33:28,940 --> 03:33:37,280 proverbial station to, right, but for other purpose and not limited to each kind of financing, 1326 03:33:37,280 --> 03:33:45,020 We can do a general obligation funds and that's where we get funds for certain things that we need. 1327 03:33:45,160 --> 03:33:54,880 Not necessarily, we'll be necessarily to be an asset whether built or purchase or it can be for another purpose. 1328 03:33:55,860 --> 03:33:59,280 Well, again, that kind of brings in the tax exemption rules we talked about. 1329 03:33:59,320 --> 03:34:05,940 If you want a borrowed tax exempt, which is lowest cost borrowing, it's got to be a public capital facility. 1330 03:34:05,940 --> 03:34:13,320 So that'd be some kind of structure, some kind of building your building, but as Mr. Fabian mentioned, sometimes 1331 03:34:14,100 --> 03:34:23,960 cities, bond finance for other purposes, you know cash flow financing, you know, Ford will housing, you know, anything that you can put your general fund toward is is legally permissible 1332 03:34:24,640 --> 03:34:29,820 just a question of what's the interest rate, what's the, you know, sort of tax status of that. 1333 03:34:29,820 --> 03:34:36,260 All right. So a general obligation button has more leeway on expanding. Well, remember, a general obligation 1334 03:34:36,260 --> 03:34:44,540 bond requires 67% of the residents in the community to approve it. So step one, in that ballot measure, 1335 03:34:44,900 --> 03:34:51,640 you have to be very specific as to what you're going to spend that money on. Okay. And so it has to 1336 03:34:51,640 --> 03:34:59,300 be a clearly defined purpose of what the project is. That general obligation bond will fund. So it's 1337 03:34:59,300 --> 03:35:04,140 is that to be approved by the voters? Yes, sir. All right. Thank you. 1338 03:35:13,340 --> 03:35:20,180 Can somebody believe me? Thank you. Thank you. Thank you, gentlemen, for the presentation. 1339 03:35:21,100 --> 03:35:30,360 And I want to thank Louves and your team for all the hard work. Every single time after the audit, 1340 03:35:30,360 --> 03:35:33,320 I always ask, do we have good rating? 1341 03:35:34,660 --> 03:35:37,360 Is it triple A plus plus? 1342 03:35:38,420 --> 03:35:41,660 Because that demonstrates how strong we are 1343 03:35:41,660 --> 03:35:44,600 and how fiscal responsible we are. 1344 03:35:45,180 --> 03:35:47,720 So thanks again for all the effort 1345 03:35:47,720 --> 03:35:50,040 in protecting our financial stability. 1346 03:35:51,280 --> 03:35:52,680 And again, thank you, gentlemen. 1347 03:35:53,160 --> 03:35:55,900 I would like to take back my comment 1348 03:35:55,900 --> 03:35:58,660 about if we have a deficit, how do we pay? 1349 03:35:58,660 --> 03:36:00,640 That's not going to happen. 1350 03:36:00,800 --> 03:36:02,340 So I prefer echo. 1351 03:36:02,840 --> 03:36:03,660 So thank you. 1352 03:36:05,980 --> 03:36:12,320 Oh, with that, if no one else has any questions I would like to move this motion to our doctors. 1353 03:36:12,880 --> 03:36:14,180 There's no need for a motion. 1354 03:36:14,200 --> 03:36:15,880 This is just receiving a presentation. 1355 03:36:16,380 --> 03:36:16,660 Okay. 1356 03:36:16,860 --> 03:36:17,600 I try. 1357 03:36:19,300 --> 03:36:20,160 Thank you. 1358 03:36:21,180 --> 03:36:21,660 Thank you. 1359 03:36:21,760 --> 03:36:22,060 Thank you. 1360 03:36:22,140 --> 03:36:22,420 Thank you very much. 1361 03:36:42,560 --> 03:36:54,960 I have no public speaker cards for this item. I believe we do have Voltaire Montméor that wants to provide public comment. 1362 03:36:59,180 --> 03:37:01,320 Welcome Mr. Muntama Yvonne. 1363 03:37:02,340 --> 03:37:06,960 Full-term Muntama Yvonne of Melpita's great presentation. 1364 03:37:10,390 --> 03:37:13,610 I was kind of late, but I made it. 1365 03:37:14,090 --> 03:37:18,530 We have those Nasdaq Dow Jones, S&P. 1366 03:37:19,190 --> 03:37:25,370 The big companies in the United States will be going up, won't go down. 1367 03:37:25,550 --> 03:37:29,450 Nervous our hope is those business. 1368 03:37:30,000 --> 03:37:32,640 They have their markets. 1369 03:37:35,130 --> 03:38:01,490 In other words, if we have those bonds and we would be like us in the back. As long as we have, we have 1370 03:38:01,490 --> 03:38:13,230 As I was impassizing the business like other big companies should be robustly growing, and we will not lose hope. 1371 03:38:13,230 --> 03:38:14,890 We will gain. Thank you. 1372 03:38:17,240 --> 03:38:20,380 And there are no virtual attendees. We have no additional public speakers. 1373 03:38:21,740 --> 03:38:22,900 Thank you. 1374 03:38:23,700 --> 03:38:26,020 And being from the staff for 1375 03:38:29,160 --> 03:38:30,600 thank you. 1376 03:38:30,600 --> 03:38:38,680 So next we'll move to our announcements and future agenda items, the manager and the announcements. 1377 03:38:40,020 --> 03:38:42,000 No announcements at this time. 1378 03:38:42,540 --> 03:38:43,240 Vice Mayor. 1379 03:38:43,480 --> 03:38:44,020 Thank you. 1380 03:38:44,300 --> 03:38:46,820 Any announcements from my colleagues? 1381 03:38:52,240 --> 03:38:52,480 Constantly. 1382 03:38:53,100 --> 03:38:53,840 Thank you. 1383 03:38:53,920 --> 03:39:01,420 I would like to invite everybody this Saturday for the grand opening of our very own Mopi 1384 03:39:01,420 --> 03:39:10,360 Just pickler over by Ranch Drive, 128, between HL restaurant and in and out. 1385 03:39:10,780 --> 03:39:13,380 Please come. Thank you. 1386 03:39:13,420 --> 03:39:14,460 Thank you. 1387 03:39:22,550 --> 03:39:23,010 Thank you. 1388 03:39:23,250 --> 03:39:23,930 Yes. 1389 03:39:25,390 --> 03:39:29,250 I will leave a call today and I don't know if this goes to staff. 1390 03:39:30,730 --> 03:39:36,610 But by up on the hills where we have dry, very tall, brown, grass. 1391 03:39:38,330 --> 03:39:42,650 I think we should take care of that, because that would be dangerous, 1392 03:39:45,030 --> 03:39:46,570 you know, really easily 1393 03:39:46,570 --> 03:39:47,830 spark for fire. 1394 03:39:49,910 --> 03:39:51,490 So please take care of that. 1395 03:39:51,490 --> 03:39:52,270 Thank you. 1396 03:39:57,640 --> 03:39:58,640 We take note of that. 1397 03:39:59,120 --> 03:40:00,180 Thank you. 1398 03:40:00,380 --> 03:40:01,180 Any other announcements? 1399 03:40:03,020 --> 03:40:05,440 I have an announcement. 1400 03:40:06,420 --> 03:40:07,260 And it's been a while. 1401 03:40:07,260 --> 03:40:17,400 I believe this is the part where we can pull the council for a certain policy or an ordinance going forward. 1402 03:40:17,960 --> 03:40:19,600 Start to the priority list. 1403 03:40:21,180 --> 03:40:21,400 Yes. 1404 03:40:23,160 --> 03:40:35,900 You know, I drive around the city every day and I have noticed electronic bicycles and scooters would like to see if there's some policy or an ordinance that we can do 1405 03:40:35,900 --> 03:40:44,960 to regulate them, and to incend it with coincidently, right? 1406 03:40:45,240 --> 03:40:50,940 I heard a news, I think somewhere in the area, that there was a fatal accident 1407 03:40:50,940 --> 03:41:01,960 about an eScooter, and I think it's timely to see if we have some issues with the numbers of electronic vehicles 1408 03:41:01,960 --> 03:41:04,400 that the tribes and the city will be 1409 03:41:04,400 --> 03:41:07,240 at and develop a policy on audience. 1410 03:41:09,720 --> 03:41:11,260 Yes, ma'am. 1411 03:41:12,400 --> 03:41:13,280 Oh, thank you. 1412 03:41:13,640 --> 03:41:16,700 I thought I brought this out a while back 1413 03:41:18,000 --> 03:41:23,380 with our announcements and I think city attorney. 1414 03:41:24,020 --> 03:41:27,440 Yeah, so I actually think that might have been my first meeting. 1415 03:41:28,080 --> 03:41:37,040 I believe at that time, for my notes, the council said that you'd accept an info memo from 1416 03:41:37,040 --> 03:41:39,720 PD to decide whether you want to bring this back up. 1417 03:41:39,760 --> 03:41:48,480 We didn't get a thing at any info memo, I believe we can make sure that gets forwarded. 1418 03:41:48,500 --> 03:41:53,180 But I think the intent was that if after seeing the info memo, you still wanted to pursue 1419 03:41:53,180 --> 03:41:54,920 something that you come back up at the announcements. 1420 03:41:54,920 --> 03:41:57,080 Okay, sounds good. 1421 03:41:57,340 --> 03:41:57,540 All right, 1422 03:41:59,780 --> 03:42:01,060 we can use consumer member, 1423 03:42:03,080 --> 03:42:10,120 Chua's initial thoughts to supplement what we could do as I proposed today. 1424 03:42:11,600 --> 03:42:17,060 Secondly, I would want to, I think this goes to the planned department. 1425 03:42:17,120 --> 03:42:20,580 If we can have a review, it's been a while. 1426 03:42:20,580 --> 03:42:25,400 the percentage of if there is a certain percentage 1427 03:42:25,400 --> 03:42:28,760 regards to mixed use developments in zoning. 1428 03:42:30,040 --> 03:42:37,260 So we have, you know, we have projects and the 1429 03:42:37,260 --> 03:42:40,400 repeated projects with the development of the city. 1430 03:42:40,660 --> 03:42:45,860 If we can review the certain percentage of mixed use developments 1431 03:42:45,860 --> 03:42:49,380 as to businesses and there's a potential portion of that. 1432 03:42:52,520 --> 03:42:54,720 I don't know if we need consensus. 1433 03:42:54,780 --> 03:43:00,060 We do require consensus for that, so I'll call for consensus on the percentage review 1434 03:43:00,060 --> 03:43:03,940 of percentage of mixed use developments in zoning, that's going to be council member 1435 03:43:03,940 --> 03:43:04,700 Chua. 1436 03:43:06,340 --> 03:43:09,440 Can you clarify please, I'm not clear on the request. 1437 03:43:10,720 --> 03:43:11,440 What is it? 1438 03:43:11,540 --> 03:43:16,460 I'll try to clarify it, so we've been talking 1439 03:43:21,000 --> 03:43:26,800 about the mixed use in rezoning or in projects 1440 03:43:26,800 --> 03:43:35,460 that comes to us and I understand that the word mixed use as to residential and commercial 1441 03:43:35,460 --> 03:43:41,780 component of a project that does not have a definite percentage or guidelines. We 1442 03:43:41,780 --> 03:43:47,800 regards to what percentage of a certain zone or what percentage of a certain development 1443 03:43:47,800 --> 03:43:55,320 or project is dedicated to the mix use of either residential or commercial. 1444 03:43:57,200 --> 03:44:00,040 So we just want an information on that? 1445 03:44:00,320 --> 03:44:07,020 Well, we may be deficient of, again, that's why we're trying to explore this. 1446 03:44:07,160 --> 03:44:11,120 We may be deficient as to a specific guideline. 1447 03:44:11,120 --> 03:44:23,460 as to, you know, asserting a project that comes to us in trying to enforce a mix-use policy 1448 03:44:23,460 --> 03:44:25,980 that regards to their application. 1449 03:44:27,060 --> 03:44:32,380 I think there's a dress on the general plan and then through the zoning ordinance. 1450 03:44:33,400 --> 03:44:35,660 I remember and you may be right. 1451 03:44:35,660 --> 03:44:38,720 It's just that when 1452 03:44:38,720 --> 03:44:39,360 it's certain 1453 03:44:40,680 --> 03:44:43,460 area, Jupiter comes to us, and we 1454 03:44:43,460 --> 03:44:45,400 rezone it, whether it's an 1455 03:44:45,400 --> 03:44:48,360 amendment to the general plan or 1456 03:44:48,360 --> 03:44:50,820 specific plan, 1457 03:44:51,700 --> 03:44:53,540 which has categorized it. I may be wrong. 1458 03:44:53,740 --> 03:44:56,340 That's why I'm asking. We categorized it 1459 03:44:56,340 --> 03:44:57,960 as, let's 1460 03:44:57,960 --> 03:44:59,720 rezone this to a mix use. 1461 03:45:00,000 --> 03:45:25,240 And we stop on the classification of mixed use without determining what kind of mixed use as to ocean of the recent area is mixed use as to being commercial or mixed use, the mixed use of commercial and residential portion of certain area. 1462 03:45:28,560 --> 03:45:35,340 If I could ask this for clarification, Vice Mayor, are you looking for staff to prepare something 1463 03:45:35,340 --> 03:45:40,500 that would explain what standards in terms of the relative percentages apply under our 1464 03:45:40,500 --> 03:45:41,600 different zoning types? 1465 03:45:41,860 --> 03:45:49,080 Because I think we have multiple mixed use classifications, and then based on that, the council 1466 03:45:49,080 --> 03:45:54,200 would have the ability if you're unhappy with those requirements to possibly agenda some 1467 03:45:54,200 --> 03:45:57,980 to prioritize an item or modification of those rules. 1468 03:45:58,280 --> 03:46:00,500 I think that's a fair way to start it. 1469 03:46:00,860 --> 03:46:03,720 Let's see a different policy that we have 1470 03:46:03,720 --> 03:46:04,860 with regards to mixed use. 1471 03:46:05,020 --> 03:46:10,880 And if there is an interest later on to see if we need to change it, 1472 03:46:10,900 --> 03:46:11,900 then it comes to the council. 1473 03:46:14,540 --> 03:46:16,700 Okay. Thank you. Thank you. 1474 03:46:16,700 --> 03:46:19,320 Thank you. That would still require a consensus vote. 1475 03:46:20,400 --> 03:46:22,120 That would still require a consensus. 1476 03:46:22,740 --> 03:46:25,440 That would still require a consensus vote. 1477 03:46:25,440 --> 03:46:25,880 Okay. 1478 03:46:26,820 --> 03:46:27,040 Hi. 1479 03:46:27,700 --> 03:46:29,440 Council member Lam. 1480 03:46:31,060 --> 03:46:32,180 Council member Leanne. 1481 03:46:33,820 --> 03:46:44,460 I'm not ready for that because at this moment we, we don't want to restrict or, you know, 1482 03:46:44,820 --> 03:46:48,120 discourage any of our development. 1483 03:46:50,700 --> 03:46:50,820 All right. 1484 03:46:51,040 --> 03:46:52,240 And then Vice Mayor Barbedo. 1485 03:46:52,240 --> 03:47:02,040 That's fine. My vote is aye. Thank you. With three affirmatives, that will move to our 1486 03:47:02,040 --> 03:47:02,820 vote. 1487 03:47:09,140 --> 03:47:15,540 I'm about to come with you. Chief, just one last in please. Also, in 1488 03:47:17,220 --> 03:47:25,460 The last request I had, I would like to see and release it at least for information for now. 1489 03:47:26,320 --> 03:47:27,920 What is our tree audience? 1490 03:47:29,640 --> 03:47:33,340 I did a little bit of digging on our tree audience. 1491 03:47:33,660 --> 03:47:36,880 I believe it was less dated or amended in 2016. 1492 03:47:37,960 --> 03:47:41,200 With the passage of ten years with the developments that we had, 1493 03:47:41,200 --> 03:47:46,280 We would like to see, you know, what's going on with our trees. 1494 03:47:47,320 --> 03:47:50,480 There's some types of trees on that audience. 1495 03:47:51,280 --> 03:47:53,960 And let's see if there is need to, you know, 1496 03:47:54,080 --> 03:47:57,180 to change that audience to protect more trees 1497 03:47:57,180 --> 03:48:00,120 or it's still appropriate under the current 1498 03:48:00,120 --> 03:48:02,400 in development circumstances. 1499 03:48:04,210 --> 03:48:06,630 All right, for consensus, Council member Chua. 1500 03:48:09,070 --> 03:48:09,870 Council member Lyon. 1501 03:48:09,870 --> 03:48:10,230 Hi. 1502 03:48:10,810 --> 03:48:11,430 Council member Lyon. 1503 03:48:12,190 --> 03:48:12,710 No. 1504 03:48:13,650 --> 03:48:14,670 And vice-merababadio? 1505 03:48:18,680 --> 03:48:20,240 With three forwardives that 1506 03:48:20,240 --> 03:48:21,260 is moved forward to the list. 1507 03:48:21,500 --> 03:48:22,400 Thank you, Madam Clerk. 1508 03:48:23,340 --> 03:48:27,200 And Chief, I believe that you have some information 1509 03:48:27,200 --> 03:48:28,860 that it regards to electric vehicles. 1510 03:48:29,260 --> 03:48:29,980 Yes, really briefly. 1511 03:48:30,060 --> 03:48:30,560 Thank you, sir. 1512 03:48:30,800 --> 03:48:31,080 Thank you. 1513 03:48:31,400 --> 03:48:35,300 There was a request from Council Member Chu in April of 26 1514 03:48:35,300 --> 03:48:37,440 when I was on the dice as the 1515 03:48:37,440 --> 03:48:38,740 from Iraq and city manager. 1516 03:48:39,380 --> 03:48:41,420 And at that time, we committed to an information memo. 1517 03:48:41,420 --> 03:48:47,860 information memo was drafted. I was under the impression that I was sent to you originally back then, 1518 03:48:48,040 --> 03:48:52,840 I found out at the end of July that it may not have been transmitted to you. I sent it to council 1519 03:48:52,840 --> 03:48:58,640 members on July 30th through email. If you didn't receive it, I just sent it again from the seat. 1520 03:48:59,160 --> 03:49:05,500 So it is in your email as a right now, at least it should be just to recap the main highlights from 1521 03:49:05,500 --> 03:49:10,660 that information memo to summarize it for you. We don't have an ordinance. We currently rely on the 1522 03:49:10,660 --> 03:49:15,160 vehicle code for enforcement efforts, for us that's been sufficient. 1523 03:49:15,420 --> 03:49:20,200 We don't experience the same level of issues that other cities do. 1524 03:49:20,660 --> 03:49:27,620 We had 1200, we looked at the period of January 2024 to April 26 because the request was in April 1525 03:49:27,620 --> 03:49:28,260 of 26. 1526 03:49:28,840 --> 03:49:36,520 We had 1211 traffic collisions involving vehicles, only 13 traffic collisions, so less a little 1527 03:49:36,520 --> 03:49:38,840 over 1% involved e-bikes. 1528 03:49:39,420 --> 03:49:41,460 Of that, to involve juvenile writers, 1529 03:49:42,040 --> 03:49:43,520 one of the juveniles was at fault. 1530 03:49:44,020 --> 03:49:45,780 And the other nine were adults. 1531 03:49:46,500 --> 03:49:47,980 I'm sorry, the other 11 were adults. 1532 03:49:48,420 --> 03:49:51,760 And out of those, nine of the writers were not at fault. 1533 03:49:52,400 --> 03:49:56,740 So we don't believe that we have an excessive issue 1534 03:49:56,740 --> 03:49:59,780 of people driving too crazy on these electronic bikes 1535 03:50:00,600 --> 03:50:04,980 and the adult collisions outnumber the juvenile collisions 1536 03:50:04,980 --> 03:50:05,740 significantly. 1537 03:50:05,740 --> 03:50:12,880 We believe that the vehicle code that we utilize now for enforcement is sufficient, but we're happy to have further discussions. 1538 03:50:16,370 --> 03:50:19,650 Would you believe that this could be a good primitives strike or 1539 03:50:19,650 --> 03:50:25,350 Pramption or we're good with the statistics that you presented were good 1540 03:50:25,350 --> 03:50:28,630 Just relying on enforcement in the vehicle code. 1541 03:50:28,930 --> 03:50:32,270 Yeah, I think we could take a closer look and revisit the statistics. 1542 03:50:32,410 --> 03:50:37,350 What's happened since April because they are becoming more prolific and then I could have a better recommendation for council. 1543 03:50:39,670 --> 03:50:45,830 It's really an assessment of how are these things being used and in most cases it's already covered in the vehicle code. 1544 03:50:46,470 --> 03:50:46,590 Okay. 1545 03:50:47,990 --> 03:50:49,050 Well, thank you too. 1546 03:50:49,230 --> 03:50:57,970 I mean, I think the challenge is, you know, is to the statistics looks good. 1547 03:50:58,410 --> 03:51:03,350 But a few of the residents that came to me, that's why I brought this up. 1548 03:51:03,350 --> 03:51:12,950 it does not emerge. I mean, the statistics is different from the perception of some of the 1549 03:51:12,950 --> 03:51:17,310 residents and how do we address that? Is the challenge? 1550 03:51:18,550 --> 03:51:22,610 Yeah. Mr. Mayor, I'm sorry we're probably getting to that level of conversation that's 1551 03:51:22,610 --> 03:51:26,730 going to be a little bit too much for an items off agenda. The question really, this stage will 1552 03:51:26,730 --> 03:51:32,010 be, is this something Council wants coming back or add to the priority list to consider coming 1553 03:51:32,010 --> 03:51:37,810 back with potential action. Yes, please. Then we'll call for consensus. Council member Chua. 1554 03:51:39,090 --> 03:51:44,270 Hi. Council member Lam. All right. Council member Leanne. Hi. Vice Mayor Barbidio. 1555 03:51:44,830 --> 03:51:53,850 I am too. Thank you. All right. Thank you. And that is unanimous minus the absent Mayor Monteno for 1556 03:51:53,850 --> 03:51:55,130 moving this to the list. 1557 03:52:04,430 --> 03:52:10,470 Thank you and this meeting is adjourned.