1 00:00:00,000 --> 00:00:06,980 The Village City Council is committed to the ideal of a quality community, and seeks the input of community residents to maintain this objective. 2 00:00:07,760 --> 00:00:18,720 The City Council meets on the second and fourth Wednesday of each month, at 6.30 pm, in the council chambers at City Hall, all City Council meetings are broadcast live on WLV-Channel 10. 3 00:00:19,220 --> 00:00:27,640 And web streamed on the City website, accompanied by a replay schedule each week. Please stay tuned, the City Council meeting will begin shortly. 4 00:00:27,640 --> 00:00:28,660 The 5 00:00:38,870 --> 00:00:46,250 West Lake Village City Council is committed to the ideal of a quality community and seeks the input of community residents to maintain this objective. 6 00:00:46,970 --> 00:00:50,170 The City Council meets on the second and fourth Wednesday of each month. 7 00:00:50,470 --> 00:00:58,030 At 6.30 pm, in the Council chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 8 00:00:58,370 --> 00:01:03,150 And web streamed on the City website, accompanied by a replay schedule each week. 9 00:01:03,490 --> 00:01:06,870 Please stay tuned, the City Council meeting will begin shortly. 10 00:01:06,870 --> 00:01:07,870 The 11 00:01:20,060 --> 00:01:27,400 West Lake Village City Council is committed to the ideal of a quality community, and seeks the input of community residents to maintain this objective. 12 00:01:28,160 --> 00:01:31,400 The City Council meets on the second and fourth Wednesday of each month. 13 00:01:31,640 --> 00:01:39,200 At 6.30 pm, in the Council chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 14 00:01:39,560 --> 00:01:44,200 And web streamed on the City website, accompanied by a replay schedule each week. 15 00:01:44,680 --> 00:01:48,080 Please stay tuned, the City Council meeting will begin shortly. 16 00:01:48,080 --> 00:01:49,040 The 17 00:02:00,140 --> 00:02:07,480 West Lake Village City Council is committed to the ideal of a quality community, and seeks the input of community residents to maintain this objective. 18 00:02:08,220 --> 00:02:11,440 The City Council meets on the second and fourth Wednesday of each month. 19 00:02:11,680 --> 00:02:19,300 At 6.30 pm, in the Council chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 20 00:02:19,620 --> 00:02:24,360 And Webstream on the City website, accompanied by a replay schedule each week. 21 00:02:24,760 --> 00:02:28,160 Please stay tuned, the City Council meeting will begin shortly. 22 00:02:28,160 --> 00:02:29,100 The 23 00:02:41,330 --> 00:02:45,670 West Lake Village City Council is committed to the ideal of a quality community, and 24 00:02:45,670 --> 00:02:48,650 seeks the input of community residents to maintain this objective. 25 00:02:49,430 --> 00:02:54,290 The City Council meets on the second and fourth Wednesday of each month, at 6.30pm, in 26 00:02:54,290 --> 00:02:59,550 the Council Chambers at City Hall, all City Council meetings are broadcast live on WLV 27 00:02:59,550 --> 00:03:05,510 Channel 10, and Webstreamed on the City website, accompanied by a replay schedule each week. 28 00:03:05,990 --> 00:03:09,410 Please stay tuned, the City Council meeting will begin shortly. 29 00:03:09,410 --> 00:03:10,310 The 30 00:03:20,610 --> 00:03:27,970 West Lake Village City Council is committed to the ideal of a quality community and seeks the input of community residents to maintain this objective. 31 00:03:28,670 --> 00:03:31,910 The City Council meets on the second and fourth Wednesday of each month. 32 00:03:32,150 --> 00:03:39,830 At 6.30 pm, in the Council chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 33 00:03:40,130 --> 00:03:44,830 And web streamed on the City website, accompanied by a replay schedule each week. 34 00:03:45,210 --> 00:03:48,610 Please stay tuned, the City Council meeting will begin shortly. 35 00:05:00,000 --> 00:05:06,980 WLV Channel 10. And web streamed on the city website, accompanied by a replay schedule each week. 36 00:05:07,320 --> 00:05:10,720 Please stay tuned. The city council meeting will begin shortly. 37 00:05:23,810 --> 00:05:27,630 The West Lake Village City Council is committed to the ideal of a quality community. 38 00:05:28,030 --> 00:05:35,190 And seeks the input of community residents to maintain this objective. The city council meets on the second and fourth Wednesday of each month. 39 00:05:35,190 --> 00:05:43,030 At 6.30 pm, in the Council Chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 40 00:05:43,390 --> 00:05:48,090 And Webstreamed on the City website, accompanied by a replay schedule each week. 41 00:05:48,770 --> 00:05:51,950 Please stay tuned, the City Council meeting will begin shortly. 42 00:06:03,040 --> 00:06:10,480 The West Lake Village City Council is committed to the ideal of a quality community, and seeks the input of community residents to maintain this objective. 43 00:06:10,480 --> 00:06:16,160 The City Council meets on the 2nd and 4th Wednesday of each month, at 6.30pm, in the 44 00:06:16,160 --> 00:06:21,320 Council chambers at City Hall, all City Council meetings are broadcast live on WLV 45 00:06:21,320 --> 00:06:27,300 Channel 10, and Webstream on the City website, accompanied by a replay schedule each week. 46 00:06:27,760 --> 00:06:31,160 Please stay tuned, the City Council meeting will begin shortly. 47 00:06:44,230 --> 00:06:48,670 The West Lake Village City Council is committed to the ideal of a quality community, and 48 00:06:48,670 --> 00:06:51,670 seeks the input of community residents to maintain this objective. 49 00:06:51,670 --> 00:06:57,650 The City Council meets on the 2nd and 4th Wednesday of each month, at 6.30pm, in the Council 50 00:06:57,650 --> 00:07:03,530 Chambers at City Hall, all City Council meetings are broadcast live on WLV Channel 10. 51 00:07:03,970 --> 00:07:08,530 And Webstreamed on the City website, accompanied by a replay schedule each week. 52 00:07:08,990 --> 00:07:12,370 Please stay tuned, the City Council meeting will begin shortly. 53 00:07:24,300 --> 00:07:28,120 The West Lake Village City Council is committed to the ideal of a quality community, 54 00:07:28,560 --> 00:07:31,760 and seeks the input of community residents to maintain this objective. 55 00:07:31,760 --> 00:07:37,440 The City Council meets on the second and fourth Wednesday of each month, at 6.30 p.m. in the 56 00:07:37,440 --> 00:07:42,580 Council chambers at City Hall, all City Council meetings are broadcast live on WLV, 57 00:07:42,860 --> 00:07:48,700 Channel 10, and Webstreamed on the City website, accompanied by a replay schedule each week. 58 00:07:49,040 --> 00:07:52,440 Please stay tuned, the City Council meeting will begin shortly. 59 00:08:05,510 --> 00:08:09,950 The West Lake Village City Council is committed to the ideal of a quality community, and 60 00:08:09,950 --> 00:08:12,990 the input of community residents to maintain this objective. 61 00:08:13,750 --> 00:08:16,950 The City Council meets on the second and fourth Wednesday of each month. 62 00:08:17,170 --> 00:08:22,690 At 6.30 pm, in the council chambers at City Hall, all City Council meetings are broadcast live 63 00:08:22,690 --> 00:08:27,070 on WLV Channel 10. And Webstreamed on the City website, 64 00:08:27,610 --> 00:08:31,150 accompanied by a replay schedule each week. Please stay tuned, 65 00:08:31,510 --> 00:08:33,630 the City Council meeting will begin shortly. 66 00:08:44,710 --> 00:08:46,690 The West Lake Village City Council is committed 67 00:08:46,690 --> 00:08:51,490 to the ideal of a quality community and seeks the input of community residents to maintain 68 00:08:51,490 --> 00:08:56,210 this objective. The City Council meets on the second and fourth Wednesday of each month, 69 00:08:56,430 --> 00:09:01,950 at 6.30 pm, in the Council chambers at City Hall, all City Council meetings are broadcast live 70 00:09:01,950 --> 00:09:09,050 on WLV Channel 10, and Webstream on the City website, accompanied by a replay schedule each week. 71 00:09:09,510 --> 00:09:12,890 Please stay tuned, the City Council meeting will begin shortly. 72 00:10:05,710 --> 00:10:13,550 The West Lake Village City Council is committed to the ideal of a quality community, and seeks the input of community residents to maintain this objective. 73 00:10:14,250 --> 00:10:17,490 The City Council meets on the second and fourth Wednesday of each month. 74 00:10:17,750 --> 00:10:30,450 At 6.30 pm, in the council chambers at City Hall, all City Council meetings are broadcast live on WLV, Channel 10, and Webstream on the City website, a company by a replay schedule each week. 75 00:10:31,030 --> 00:10:33,330 Your council members are all in attendance. 76 00:10:35,970 --> 00:10:36,370 Excellent. 77 00:10:37,230 --> 00:10:45,010 I'd like to call to order the steady session meeting of the city of West Lake Village City Council on Wednesday, March 26th, 78 00:10:45,010 --> 00:10:47,190 for 35 p.m. 79 00:10:48,630 --> 00:10:49,370 Mr. Degos. 80 00:10:53,400 --> 00:10:54,280 Oh yeah, I'm sorry. 81 00:10:57,380 --> 00:10:59,520 Madam Clerk, are there any public comments? 82 00:11:00,280 --> 00:11:01,340 There are no public comments. 83 00:11:02,520 --> 00:11:03,100 What? 84 00:11:03,420 --> 00:11:03,920 What? 85 00:11:04,160 --> 00:11:06,260 I'm going to get it together. 86 00:11:06,640 --> 00:11:07,760 I'm going to get it together. 87 00:11:07,760 --> 00:11:08,600 Roll call, please. 88 00:11:10,080 --> 00:11:11,180 Council member D. This? 89 00:11:12,120 --> 00:11:13,160 Council member Pearl? 90 00:11:14,520 --> 00:11:15,620 Council member Halpern? 91 00:11:16,560 --> 00:11:18,260 Mayor Pro Temick Sweeney? 92 00:11:19,060 --> 00:11:19,100 Present. 93 00:11:19,460 --> 00:11:20,360 And Mayor Hooneck? 94 00:11:20,720 --> 00:11:21,000 Present. 95 00:11:22,200 --> 00:11:23,020 OK, now. 96 00:11:23,220 --> 00:11:24,120 Procursion goes. 97 00:11:24,720 --> 00:11:25,260 Put enforcement. 98 00:11:25,700 --> 00:11:26,000 Yes, no. 99 00:11:26,040 --> 00:11:26,420 Thank you. 100 00:11:26,720 --> 00:11:27,220 Mayor Hooneck. 101 00:11:27,320 --> 00:11:27,700 Council members? 102 00:11:27,980 --> 00:11:28,580 Good to see you all. 103 00:11:28,580 --> 00:11:33,960 The purpose of this study session of every opening remarks before our planning director will 104 00:11:33,960 --> 00:11:38,560 go over the presentation, but the purpose of this study session is for the Council to discuss 105 00:11:38,560 --> 00:11:45,500 modifications to the Code Enforcement Program, the City Council established a goal in 2024 106 00:11:46,140 --> 00:11:51,860 to evaluate and update the Code Enforcement Program that would allow for citations and financial 107 00:11:51,860 --> 00:11:56,780 penalties for violations of the municipal code, which we don't have right now. 108 00:11:56,780 --> 00:12:02,340 And also to evaluate the costs and resources that would be needed to administer a more robust 109 00:12:02,340 --> 00:12:03,940 code enforcement program. 110 00:12:04,100 --> 00:12:05,600 So that was the council goal. 111 00:12:06,940 --> 00:12:09,020 This is a study session this afternoon. 112 00:12:09,500 --> 00:12:14,100 So no specific action is needed, but we do want to advance the discussion and get further 113 00:12:14,100 --> 00:12:19,140 direction on what might be a more robust code enforcement program that could be implemented. 114 00:12:20,500 --> 00:12:24,960 The administrative committee has been working on this over the calendar year of 115 00:12:24,960 --> 00:12:31,820 24 in particular, that was, at that time, Mayor Davis and Mayor Pro Tem Honig, and they provided 116 00:12:32,340 --> 00:12:36,780 input on the modification to the Code of Force Program, a staff has been working on it. 117 00:12:36,780 --> 00:12:43,740 So, they met on March 11th, and on May 21st, and then we had a council study session on the matter 118 00:12:43,740 --> 00:12:54,940 in September, that was September 11th, and it went back to administrative committee, and they 119 00:12:54,940 --> 00:13:04,160 the committee work and the council's stay session have been considered and we've tried to incorporate it into what will be presenting and talking about this evening. 120 00:13:05,840 --> 00:13:18,360 It's been an interesting exercise and a challenging one and in large part I see this is because we're trying to balance a number of different values that at times can be in conflict with one another a little bit. 121 00:13:18,360 --> 00:13:20,220 And that's what we're trying to sort of work through. 122 00:13:20,360 --> 00:13:25,160 And I mean by that, it's important as a value to enforce the municipal code, 123 00:13:25,160 --> 00:13:30,340 consistently, and include administrative warnings and even citations 124 00:13:30,340 --> 00:13:33,640 to achieve compliance to do that. 125 00:13:33,700 --> 00:13:37,720 Because we believe in the municipal code, we approve ordinances for a reason. 126 00:13:38,640 --> 00:13:44,300 But we also have a value of holding to a light touch, not a heavy hand as a city, 127 00:13:44,300 --> 00:13:50,160 to find ways to incentivize support and compliance that avoids sort of a penalty approach. 128 00:13:50,760 --> 00:13:53,480 So you might say more of a carrot-than-a-stick approach. 129 00:13:54,040 --> 00:13:56,240 That's been our mode of operations since incorporation. 130 00:13:56,420 --> 00:14:00,080 And I think it's a good one when we get a lot of support from our community. 131 00:14:00,400 --> 00:14:01,740 So we feel good about that. 132 00:14:03,260 --> 00:14:05,820 The planning department has been lead on this initiative. 133 00:14:06,380 --> 00:14:10,000 Planning Director Kristen asks you will provide that sort of presentation. 134 00:14:10,000 --> 00:14:15,900 And lastly, before I hand it over to Kristen, I was just important to note these assumptions 135 00:14:15,900 --> 00:14:21,900 that we're working on as staff as we try and be responsive to the council goal, which 136 00:14:21,900 --> 00:14:25,700 is deemed to evaluate and update the enforcement program. 137 00:14:27,680 --> 00:14:32,040 One of the things we really do want to do is maintain the current culture of striving for 138 00:14:32,040 --> 00:14:37,600 voluntary compliance of the municipal code, in partnership with our residents and businesses, 139 00:14:37,600 --> 00:14:49,980 with administrative citations being really rare and seldomly used as a tool, the program must be consistent with all legal requirements and best practices. 140 00:14:50,600 --> 00:14:56,040 The program must provide the necessary due diligence throughout the course of a code enforcement action. 141 00:14:56,140 --> 00:14:59,980 And if we have a more robust program, we need more structure and resources to... 142 00:15:00,000 --> 00:15:05,780 We are going to be able to manage it, which is appropriate, and so we have evaluated that as well. 143 00:15:07,160 --> 00:15:11,940 So the draft modified code enforcement program that we'll discuss today, I think it accomplishes 144 00:15:11,940 --> 00:15:19,060 a lot of what the council is wanting to do here, and we're confident we can make it happen, 145 00:15:19,340 --> 00:15:24,480 but again, there are some differences of views on this, particularly with certain types of violations, 146 00:15:24,780 --> 00:15:28,300 and so we're going to get into that a little bit today as we go through the presentation. 147 00:15:28,300 --> 00:15:33,800 but I'll pass it on to Kristin's just to sort of walk through where we are today and largely 148 00:15:33,800 --> 00:15:40,020 reflects what we discussed with Ned and Kelly at the last admin meeting in December. 149 00:15:40,820 --> 00:15:42,980 But with that, Kristin, if you'd like to see it. 150 00:15:43,340 --> 00:15:57,000 Thank you, Mr. Degos, Mayor members of Council, just sort of a brief reminder of sort of the 151 00:15:57,000 --> 00:16:06,280 of administrative citation process into our code enforcement program, you know, there have to be 152 00:16:06,280 --> 00:16:13,220 clear procedures for how fines are issued, enforced, reviewed, and collected. We have to ensure 153 00:16:13,220 --> 00:16:21,040 that there is due process by providing proper notice and opportunities for a fair hearing if one 154 00:16:21,040 --> 00:16:30,100 is desired. A hearing must be conducted by an impartial hearing officer, and that is recommended 155 00:16:30,100 --> 00:16:37,200 that a private contractor conduct this role that it is not conducted by the use of 156 00:16:37,200 --> 00:16:44,340 city employees, and that reminded that any finds must be reasonable and cannot be excessive 157 00:16:44,340 --> 00:16:46,760 in relation to the offense. 158 00:16:50,850 --> 00:16:53,930 So this next slide, which I think is going to be the bulk of 159 00:16:53,930 --> 00:17:04,010 discussion is really to outline the process of what an administrative citation process would 160 00:17:04,010 --> 00:17:15,670 look like. Currently, if you look at this display of boxes, we live currently in the 161 00:17:15,670 --> 00:17:23,130 blue and the purple. We live sort of in this voluntary world of working with the community, 162 00:17:23,130 --> 00:17:31,550 trying to get voluntary compliance. If something is just unable to get compliance, we have 163 00:17:31,550 --> 00:17:41,930 the option of sending any violation to sort of the extreme is to the prosecutor for resolution. 164 00:17:42,910 --> 00:17:50,130 Those are the two options on the table today. What this administrative citation process 165 00:17:50,130 --> 00:17:56,610 is trying to introduce is the red boxes in the middle, how to use a tool in between those 166 00:17:56,610 --> 00:17:57,450 two choices. 167 00:17:59,270 --> 00:18:05,910 What we discussed with the committee at the end of last year was what are some of some 168 00:18:05,910 --> 00:18:14,910 examples, what would it look like in this blue period before getting to these red boxes? 169 00:18:14,910 --> 00:18:22,330 what would an example of this discretionary period look like before an administrative citation 170 00:18:22,330 --> 00:18:30,610 process, you know, before that first, you know, ticket is maybe issued, you know, to keep in 171 00:18:30,610 --> 00:18:38,530 that, to keep in that realm of seldom and rare issuance. And so some of the examples we gave were 172 00:18:39,370 --> 00:18:46,890 if somebody had a recreational vehicle, perhaps in our V, perhaps a boat, that they, that they 173 00:18:46,890 --> 00:18:52,290 parked in their driveway, that is something that's not permitted in the, in the single 174 00:18:52,290 --> 00:19:00,130 family residential zones. And if it was discovered by the co-compliance officer, and you 175 00:19:00,130 --> 00:19:05,650 discussed with the property owner, that, hey, this isn't permitted, you know, how could 176 00:19:05,650 --> 00:19:12,150 be corrected. That is something that could, you know, within 24 hours, 72 hours, could be 177 00:19:12,150 --> 00:19:18,070 corrected quite easily. That is something, you know, in terms of the number of days, 178 00:19:18,590 --> 00:19:26,410 that could be corrected quite quickly. In the instance of somebody built, you know, something 179 00:19:26,410 --> 00:19:31,890 more significant, perhaps it was a block wall, perhaps we discovered somebody built the deck 180 00:19:31,890 --> 00:19:37,410 off the side of their house, off the rear of their house, and when we discovered it, oh, 181 00:19:38,150 --> 00:19:45,250 this is nearly completed. It's discovered by a code enforcement officer. This is, you know, 182 00:19:45,390 --> 00:19:51,890 this is nearly done. We need to correct this, how long, you know, what it takes to correct, 183 00:19:52,810 --> 00:19:59,150 obviously something like a 24 hour or something, you know, 72 hour, a correction period is probably 184 00:19:59,150 --> 00:19:59,810 we're not reasonable. 185 00:20:00,000 --> 00:20:08,300 Correct? That's where something like a 30 day notice of how can we, you know, what kind of resolution 186 00:20:08,300 --> 00:20:17,100 would you need to get a new contracting crew out there to remove or make modifications to get 187 00:20:17,100 --> 00:20:26,640 this to be, quote, compliant out there, give a 30 day notification, revisit the site within 30 days, 188 00:20:26,640 --> 00:20:31,360 see that progress is being made, so that we're still in this 189 00:20:31,360 --> 00:20:37,180 blueprint of warnings and not in the world of an actual 190 00:20:37,180 --> 00:20:44,060 citation. So those are some examples of continuing to be rare 191 00:20:44,060 --> 00:20:48,740 in seldom before issuing a citation. 192 00:20:55,160 --> 00:20:56,060 Any questions? 193 00:21:00,440 --> 00:21:01,400 question? 194 00:21:03,060 --> 00:21:05,140 Just to re-emphasize, 195 00:21:07,390 --> 00:21:14,430 currently, we either have compliance or that rises to the seriousness 196 00:21:14,430 --> 00:21:20,830 of suing them civilly or in a case of a criminal thing, charge them criminally. 197 00:21:21,830 --> 00:21:26,290 That's the only two options, either they comply or we take you to court. 198 00:21:27,670 --> 00:21:28,870 That's all we have right now, right? 199 00:21:29,290 --> 00:21:30,350 Those are our only tools. 200 00:21:30,850 --> 00:21:39,390 So this might be a solution to putting something in the middle between requesting a compliance and forcing a compliance. 201 00:21:39,890 --> 00:21:41,750 This is another tool available to us. 202 00:21:42,430 --> 00:21:42,650 Yeah. 203 00:21:42,970 --> 00:21:43,430 I understand. 204 00:21:43,830 --> 00:21:45,330 That's a really good point. 205 00:21:45,750 --> 00:21:46,190 Consmemidators. 206 00:21:46,630 --> 00:21:50,590 And so we don't have that red section at all right now, which is in the blue or the purple. 207 00:21:51,290 --> 00:21:52,530 And we have a really want to go to the purple. 208 00:21:52,610 --> 00:21:55,130 This is really a greatest and really a health and safety problem. 209 00:21:56,450 --> 00:22:01,010 And this structure, we also believe, we believe creates a lot of flexibility for staff. 210 00:22:01,250 --> 00:22:03,270 We don't have to get into that red zone quickly. 211 00:22:03,670 --> 00:22:08,490 It's dependent on the context of the situation if we have a homeowner or a business that is 212 00:22:08,490 --> 00:22:12,570 legitimately working with us to try and resolve the issue and it goes beyond 30 days. 213 00:22:12,750 --> 00:22:15,730 We would stay in the blue to keep resolving, no matter. 214 00:22:16,150 --> 00:22:21,190 And it's only when we've truly exhausted all those efforts and we are just not getting any 215 00:22:21,190 --> 00:22:26,230 cooperation anymore from the individual that's violating the municipal code, then we would 216 00:22:26,230 --> 00:22:29,490 move into this sort of middle section in the citation. 217 00:22:29,790 --> 00:22:31,070 But it's also with the process. 218 00:22:32,010 --> 00:22:34,310 It's nothing, it won't be a surprise, right? 219 00:22:34,630 --> 00:22:35,630 That's true. 220 00:22:38,970 --> 00:22:39,730 Thank you. 221 00:22:39,830 --> 00:22:40,450 That's understood. 222 00:22:41,010 --> 00:22:42,410 Any other comments, questions? 223 00:22:44,810 --> 00:22:45,010 OK. 224 00:22:50,400 --> 00:22:58,120 So, but we do know that in the world of leaf lore violations, that that's a slightly different 225 00:22:58,120 --> 00:23:09,000 different topic, and we feel that those violations and complaints are more numerous and 226 00:23:09,000 --> 00:23:16,960 would result in more frequent warnings and potential administrative citations for a period 227 00:23:16,960 --> 00:23:17,980 of time. 228 00:23:18,260 --> 00:23:25,320 And that additional resources would be needed to apply the revised code enforcement program 229 00:23:25,320 --> 00:23:28,160 to address the floor violations. 230 00:23:29,480 --> 00:23:38,180 The Council feedback included interest in additional pre-citation efforts, such as fix-it-tickets, 231 00:23:39,340 --> 00:23:44,220 promotional rebates, and additional education related to gasoline floor violations. 232 00:23:45,200 --> 00:23:52,980 We also have additional oak tree violations and separate considerations for unique and separate 233 00:23:53,740 --> 00:24:01,920 citation fees for those which we'll get to a little bit later. I'm actually going to ask Caleb 234 00:24:01,920 --> 00:24:07,580 to chime in here on the AQMD rebate program related to that in the fixer tickets. 235 00:24:08,660 --> 00:24:17,080 Yeah, so with electric lawn maintenance equipment, the AQMD offers a pretty robust program 236 00:24:17,080 --> 00:24:23,860 for both residential and commercial users. So for residents you can get your leafflowers, 237 00:24:23,860 --> 00:24:30,800 bloggers, lawnmowers, even chain saws. And through their process, if you come in with a receipt 238 00:24:30,800 --> 00:24:38,280 from an eligible time period inventor, you're then eligible for a rebate of $250 in the case 239 00:24:39,040 --> 00:24:46,820 of leafplores and then for commercial landscapers up to $1,400. You have to submit the gas powered 240 00:24:46,820 --> 00:24:52,580 machine to them. So you basically turn that in as well. You get this voucher. We've been promoting 241 00:24:52,580 --> 00:24:58,000 this as well. One thing to note is that currently for about a month period, the commercial 242 00:24:58,000 --> 00:24:59,960 program is on pause, but that will go... 243 00:25:00,000 --> 00:25:08,520 Back live in mid-April. So it's been closed since around March 10th of this month, and we'll resume next month. 244 00:25:09,800 --> 00:25:19,440 Some questions about that. It's your mat. How many commercial people have asked for that? 245 00:25:19,440 --> 00:25:28,300 just a guess? I don't have a guess we held a informational session about a year and 246 00:25:28,300 --> 00:25:33,420 half two years ago where we had a good handful of smaller programs and larger 247 00:25:33,420 --> 00:25:39,440 programs join us to discuss rebates with Agza and what could be coming from the 248 00:25:39,440 --> 00:25:44,820 state. So there does seem to be interested. It's certainly a discussion as we look 249 00:25:44,820 --> 00:25:49,240 at leafflowers compared to the other items. The leafflowers electric uses 250 00:25:49,240 --> 00:25:54,660 much more common than say a chainsaw. So that seems to be where most of the interest is in, 251 00:25:55,080 --> 00:26:00,280 but for a lot of the commercial accounts, it's about how much can they receive back when 252 00:26:00,280 --> 00:26:05,780 they transition over. So the more larger pots of funding that are available certainly help 253 00:26:05,780 --> 00:26:13,000 the commercial side. And what's considered commercial? So any, I mean, all of the people that do landscaping 254 00:26:13,000 --> 00:26:16,920 of a business, so what defines commercial? 255 00:26:17,420 --> 00:26:23,940 So for commercial in the AQMD, you have to be a commercial gardener, 256 00:26:24,020 --> 00:26:30,840 land-scaper, school district, colleges, local government agencies, or non-profit to be eligible. 257 00:26:31,960 --> 00:26:36,040 So commercial applies also to the public sector, excuse me. 258 00:26:37,480 --> 00:26:49,820 So, I'm a little bit confused about why we would be getting $14 to a landscaper that maybe did six 259 00:26:49,820 --> 00:26:54,020 houses in West Lake, and $30,000 in Oaks. 260 00:26:55,900 --> 00:27:00,680 The ACMD does take that into account as to how to serve that. 261 00:27:01,240 --> 00:27:05,720 So you have to be servicing and I'm looking for it here on my page, 262 00:27:05,720 --> 00:27:09,740 but I believe it is about 50 plus percent of your business 263 00:27:09,740 --> 00:27:11,700 has to be in Los Angeles County. 264 00:27:11,820 --> 00:27:12,800 Good answers. 265 00:27:13,280 --> 00:27:13,840 Thank you. 266 00:27:14,120 --> 00:27:15,440 Los Angeles County though. 267 00:27:19,240 --> 00:27:21,140 Can we make that more restrictive 268 00:27:21,140 --> 00:27:23,180 and still get the rebate? 269 00:27:24,520 --> 00:27:28,840 The AQMD program applies for all of Los Angeles County. 270 00:27:29,440 --> 00:27:31,940 We have not had any discussions with them 271 00:27:31,940 --> 00:27:34,320 about specifying for West Lake Village 272 00:27:34,320 --> 00:27:35,900 for commercial users, 273 00:27:35,900 --> 00:27:38,960 especially knowing that as a city were smaller, 274 00:27:39,220 --> 00:27:42,500 so we might represent a portion of their customer base 275 00:27:42,500 --> 00:27:45,420 becoming too restrictive could be a hang-up 276 00:27:45,420 --> 00:27:47,020 for some of these commercial accounts. 277 00:27:47,440 --> 00:27:50,660 We just add that, and this is ACMD funding, 278 00:27:50,680 --> 00:27:52,640 not city funding, that would support that. 279 00:27:52,760 --> 00:27:55,460 And I believe a county of Ventura has a similar program, 280 00:27:56,360 --> 00:27:57,920 you know, for gardeners, they're there. 281 00:27:57,920 --> 00:27:58,280 Correct. 282 00:27:58,300 --> 00:28:01,020 They have a very similar program comes from the same funding 283 00:28:01,020 --> 00:28:04,240 source that applies to commercial accounts for them as well. 284 00:28:04,240 --> 00:28:06,420 And the funding is state funded? 285 00:28:07,400 --> 00:28:14,200 That's my understanding that state grant funding goes through to fund this program and then gets replenished on what looks to be an annual basis. 286 00:28:16,750 --> 00:28:32,830 So in just a comment at this point, it seems to me that more of the rebate should go to the resident who should give it to their landscapeer. 287 00:28:32,830 --> 00:28:38,830 Because the residents or the ones that are going to be paying the fines, if we decide to go that way. 288 00:28:40,210 --> 00:28:42,830 Just wondering about the difference between... 289 00:28:44,110 --> 00:28:45,150 Is that... 290 00:28:45,150 --> 00:28:46,930 To do with the AQMD? 291 00:28:47,250 --> 00:28:51,230 There's two positive funding, so one for commercial and then one for residential. 292 00:28:51,870 --> 00:28:58,450 So if a resident did want to have their gardener use electric, they could use that rebate for their own property 293 00:28:58,450 --> 00:29:02,700 and then leave their electrically floor for the commercial gardener to use. 294 00:29:06,220 --> 00:29:07,040 Good answer. 295 00:29:07,780 --> 00:29:08,420 Has always. 296 00:29:09,840 --> 00:29:10,700 Thank you. 297 00:29:15,470 --> 00:29:21,520 And the next next option or a way to address is, 298 00:29:21,520 --> 00:29:24,020 is a fixed ticket. 299 00:29:24,720 --> 00:29:27,760 Should somebody be cited for music and gas leaf lower. 300 00:29:28,820 --> 00:29:31,920 If they're cited with the first administrative citation, 301 00:29:32,820 --> 00:29:36,480 if they were to come in within the first 30 days. 302 00:29:36,480 --> 00:29:52,280 and show proof of buying an electric leaf lower within those first 30 days, we would remove the citation within those first 30 days, so that's another option. 303 00:29:56,530 --> 00:29:58,450 And that's a administrative thing. It doesn't cost us anything. 304 00:30:00,000 --> 00:30:13,440 I mean, we're not. It doesn't fix it. It doesn't cost them anything other than buying the, buying the, the blower, buying the blower, and then just the administration part on our end of. 305 00:30:13,740 --> 00:30:19,000 Administrator is, as an outsourced administrator, or is that. 306 00:30:19,140 --> 00:30:21,540 Well, it can be done here before there's an appeal. 307 00:30:24,040 --> 00:30:30,540 I mean, we're still administering the, the, the ticket and having to, to take off the ticket. So I mean, there's a small amount. 308 00:30:30,540 --> 00:30:36,060 So it's a one-stop shop if they do, they bring in the lower or show you the receipt. 309 00:30:36,560 --> 00:30:39,420 We're still administering it, either way. 310 00:30:40,220 --> 00:30:41,240 Yeah, okay. 311 00:30:45,800 --> 00:30:49,530 So, great, go ahead. 312 00:30:51,940 --> 00:31:00,500 So just in this world of ghastly flower, some policy options to sort of guide this discussion 313 00:31:00,500 --> 00:31:07,340 moving forward, we can proceed with establishing the administrative citation procedures. 314 00:31:07,340 --> 00:31:19,380 sort of accepting that warnings and citations to achieve compliance would be more frequent during the initial enforcement period. 315 00:31:20,820 --> 00:31:34,980 Option two, proceed with establishing administrative citation procedures and accept that education and other incentives for gas powered leafflowers would remain the principle approach for enforcement. 316 00:31:37,380 --> 00:31:44,760 Third, repeal or amend the leaf lower ordinance, and fourth, which is always an option 317 00:31:44,760 --> 00:31:48,660 do not add administrative citations to the code enforcement program. 318 00:31:51,730 --> 00:31:56,930 I have a question on number two, except in education in the Senate's Regassiply leaf 319 00:31:56,930 --> 00:32:00,310 flows of violations who remain the principal approach for leaf code enforcement, 320 00:32:03,110 --> 00:32:05,770 and no citation. 321 00:32:06,590 --> 00:32:15,330 I think that this would fall more into the core principle of that administrative citations 322 00:32:15,330 --> 00:32:22,190 would be rare and seldomly used, so that education and discretion like my other examples 323 00:32:22,190 --> 00:32:23,070 would be the... 324 00:32:23,070 --> 00:32:24,850 That's where we are right now, 325 00:32:28,210 --> 00:32:33,210 again, the red being a tool, but would be rare and seldomly 326 00:32:33,210 --> 00:32:33,750 used. 327 00:32:33,750 --> 00:32:39,270 The difference in Councilman with Davis on number two there would be we would still establish the administrative 328 00:32:39,270 --> 00:32:46,930 citation program for the municipal code as a whole, right, but the direction from Council would be but but you know 329 00:32:46,930 --> 00:32:54,130 Don't go to citations for that this particular violation stay in the as a principal stay in the education 330 00:32:54,130 --> 00:33:00,270 so he's suggesting that it's it can be adopted and then 331 00:33:00,270 --> 00:33:08,010 And the implementation of that particular code, because it's so verbose, yeah, well, 332 00:33:08,190 --> 00:33:11,410 pervasive, pervasive, sorry, pervasive, thank you for the better attitude. 333 00:33:13,050 --> 00:33:17,230 That we could continue to warn, even give written warnings. 334 00:33:18,250 --> 00:33:21,810 You would get approval from the Council after that program. 335 00:33:22,130 --> 00:33:23,290 How many warnings do we put out? 336 00:33:23,470 --> 00:33:25,370 Is it time to start issuing citations? 337 00:33:25,570 --> 00:33:26,270 Is that what you've talked about? 338 00:33:26,270 --> 00:33:33,010 We could do that, Ms. Really Council's discretion, you know, just going back to the first option 339 00:33:33,010 --> 00:33:37,730 up here, what we wanted to get direction from Council was we feel like we've created a program 340 00:33:37,730 --> 00:33:44,430 that works and we have tried to address the issue of, we may see more frequent warnings 341 00:33:44,430 --> 00:33:50,330 and situations if we implement this, through the ACMD program and maybe a companion program 342 00:33:50,330 --> 00:33:57,590 inventory county plus the fix it ticket option or them is that sufficient to address the concern 343 00:33:58,370 --> 00:34:04,490 that makes it rare and unusual maybe which this is and this is unknown right once you 344 00:34:04,490 --> 00:34:07,530 we've been giving warnings for the last couple of years that this is on the books and 345 00:34:07,530 --> 00:34:11,390 this is no audience and you need to use electrically flowers but we haven't had any threat 346 00:34:11,390 --> 00:34:17,130 of a citation if we implemented a citation program that's on the books we have a structure 347 00:34:17,130 --> 00:34:21,150 resources to do that, and now someone gets a warning, and they know there's a legitimate 348 00:34:21,150 --> 00:34:27,650 citation that could follow, what would be the result, what would be the behavior change, 349 00:34:28,310 --> 00:34:31,570 you know, one could argue that we may not ever get to those citations, but they still 350 00:34:31,570 --> 00:34:36,490 would be rare, because that that warning has a little more strength to it now, and people 351 00:34:37,110 --> 00:34:42,490 will make the change and buy the right leaf off. On the other hand, I suspect we will still 352 00:34:42,490 --> 00:34:46,130 see some people, they won't abide by it and we'll get the citation. 353 00:34:47,570 --> 00:34:48,090 So we don't know. 354 00:34:48,090 --> 00:34:51,490 And then they'll come in and get the education, maybe, so we don't know. 355 00:34:52,270 --> 00:34:57,170 But the second point, which is where you were going, is that the Council can give direction 356 00:34:58,050 --> 00:34:59,970 that certain violations of their missiles. 357 00:35:00,000 --> 00:35:06,760 There are different than others. They're not all the same. Have a health and safety, impact, which is much 358 00:35:06,760 --> 00:35:14,480 more significant than you mentioned, Mayor Hoeningy. Like a fence that is the foot higher, then it should be. 359 00:35:15,420 --> 00:35:19,740 It's an aesthetic issue. It's a real issue, but it's different than a health and safety issue that we might be facing. 360 00:35:20,360 --> 00:35:26,500 So the council can give direction on leaf blow, for instance. It's a pretty pervasive in terms of the violations. 361 00:35:26,500 --> 00:35:33,560 that for a longer period of time, let's stay in that blue section of education and not go into 362 00:35:33,560 --> 00:35:38,220 citations until further direction is given by the council and that's you have that option. 363 00:35:38,940 --> 00:35:48,500 Mr. Jigos, are we deciding how flexible or in flexible our process is going to be? 364 00:35:49,880 --> 00:35:50,580 Or am I? 365 00:35:50,580 --> 00:35:57,700 And in a certain way, I would say, if you look at these options, for instance, the first one 366 00:35:57,700 --> 00:36:00,400 is less flexible in a certain way. 367 00:36:00,560 --> 00:36:06,680 If that was the direction, we would anticipate that we would be citing people for this 368 00:36:06,680 --> 00:36:11,660 by a leaf blown violation under certain circumstances after a verbal warning, written 369 00:36:11,660 --> 00:36:17,340 warning, and they didn't take advantage of the fix that ticket, and they would receive 370 00:36:17,340 --> 00:36:24,960 citations. But we're still that leaves a lot of flexibility in how we proceed, right? It's not. 371 00:36:27,570 --> 00:36:31,810 So it leaves some flexibility, but this is the direction we need, you know, if we were to, 372 00:36:31,810 --> 00:36:36,610 and we're not doing this tomorrow. So we are still still. That's fine. Yeah, but how we would deploy this 373 00:36:36,610 --> 00:36:41,310 with our code enforcement officer. We would need to know where the comfort level is with the council 374 00:36:41,310 --> 00:36:47,430 on at what point, okay, with us issuing a citation. You gave a very nice answer. I asked the question 375 00:36:47,430 --> 00:36:49,050 and kind of awkwardly. 376 00:36:49,810 --> 00:36:49,810 Sorry, 377 00:36:52,460 --> 00:37:01,680 comment, so but if we proceed with this establishing this enforcement code, this code 378 00:37:01,680 --> 00:37:06,520 and administrative procedure, that applies to all code enforcements in our city. 379 00:37:07,320 --> 00:37:09,240 That's right, I mean, it's not just about leafflowers. 380 00:37:09,360 --> 00:37:13,920 It's about any code violation, whatever that might be. 381 00:37:14,180 --> 00:37:14,400 That's great. 382 00:37:14,820 --> 00:37:17,340 And would that include oak trees, Kristen? 383 00:37:18,180 --> 00:37:21,200 It would, and that's actually my next slide. 384 00:37:23,860 --> 00:37:26,320 Any ready comments before we let her go to Oak Tree? 385 00:37:26,660 --> 00:37:27,380 Something useful. 386 00:37:27,760 --> 00:37:27,800 No. 387 00:37:29,580 --> 00:37:33,380 So I'll give what's undoubtedly going to be an unpopular opinion, 388 00:37:33,520 --> 00:37:34,200 but I'll do it anyway. 389 00:37:35,700 --> 00:37:38,560 There's one item missing on this specific slide, 390 00:37:39,780 --> 00:37:41,480 and it would be option five, 391 00:37:41,700 --> 00:37:43,320 which is to repeal the leaflet ordinance. 392 00:37:46,540 --> 00:37:55,600 It's there in Item 3, but it says repeal or amend and the reason that you would do that 393 00:37:55,600 --> 00:38:00,420 is because what we've done thus far is failed other than in the city contracts. 394 00:38:00,560 --> 00:38:08,800 We made a big change, we made a big effort with our contracts paying more, working diligently 395 00:38:08,800 --> 00:38:15,080 with our contractors to set the right example, we have done the education that has led to some 396 00:38:15,080 --> 00:38:21,040 change with our residents, but based on complaints that we're getting, 397 00:38:23,980 --> 00:38:24,440 there's at least 398 00:38:24,440 --> 00:38:33,570 a big portion of our city that is voting on this ordinance with their actions, which is 399 00:38:33,570 --> 00:38:41,010 North. And not worry about it. And then what it leaves us in the position of being is the 400 00:38:41,010 --> 00:38:46,630 leafbler police. One of the things that the city has relied on for as long as I've lived 401 00:38:46,630 --> 00:38:53,490 here is our HOA system. And how each of our neighborhoods other than one has an HOA that 402 00:38:53,490 --> 00:39:00,170 police is a number of things that are in individual CC&Rs. And as I've talked to some HOA members, 403 00:39:00,170 --> 00:39:03,370 the most unpopular thing that they do is find their neighbors. 404 00:39:04,450 --> 00:39:05,710 And then they have appeal processes. 405 00:39:05,930 --> 00:39:11,130 And then you get called in front of the board and the board agonizes over those decisions 406 00:39:11,130 --> 00:39:15,510 and often they are let the fines go figure a way out of it. 407 00:39:15,510 --> 00:39:21,250 But it's always very uncomfortable neighborhood by neighborhood and again the least popular 408 00:39:21,250 --> 00:39:22,910 thing in HOA does. 409 00:39:23,270 --> 00:39:29,730 So now what we're going to do is ask staff to be the HOA for the city while the council says, 410 00:39:29,730 --> 00:39:36,870 great idea let's enforce this all the discretion goes to staff and that now leads leaves 411 00:39:36,870 --> 00:39:42,290 rob in the city attorney in the position of being leafbower police and that flexibility 412 00:39:42,290 --> 00:39:49,470 I fear has an opportunity to be weaponized by those that come held our high water I want 413 00:39:49,470 --> 00:39:54,370 this enforced and it's in your code and if you don't do it I'm going to come to the dius and I'm 414 00:39:54,370 --> 00:39:58,770 going to yell at the council the city manager of the city attorney why are you not enforcing 415 00:39:58,770 --> 00:39:59,130 and now 416 00:40:00,000 --> 00:40:19,400 Now we're in a city-wide HOA meeting explaining the discretion that we have. This ordinance that we passed is we're talking about was aspirational. It was a goal, sustainability, and I believe it passed five to zero if I recall. Maybe four to one, but it was, it was, it was passed. 417 00:40:19,940 --> 00:40:26,900 One thing along the way, and Rob, I see in this report in Kristen that we've sort of dismissed this. 418 00:40:26,900 --> 00:40:33,200 But if our goal is behavior change, which I think is ultimately the goal, it isn't to find people. 419 00:40:33,540 --> 00:40:38,220 It isn't to create watchdogs, it isn't to put staff in a position. 420 00:40:39,200 --> 00:40:44,420 Our answer to behavior change is it's AQMD's job. 421 00:40:46,760 --> 00:40:49,060 I believe if we want behavior change, it's our job. 422 00:40:50,040 --> 00:40:56,680 And I've said, this will be now the third time, if the city wants the behavior change, 423 00:40:56,680 --> 00:41:01,340 and we should put our money where our mouth is and create a rebate program for our residents. 424 00:41:01,920 --> 00:41:05,340 It doesn't require you to turn in a gas-powered machine. 425 00:41:05,800 --> 00:41:09,260 It doesn't require you to figure out where the ACMD paper work is. 426 00:41:09,680 --> 00:41:11,200 You come down to the front desk. 427 00:41:11,760 --> 00:41:14,580 You find a lease or carol, Kristen Miles. 428 00:41:14,820 --> 00:41:16,680 You get a piece of paper. 429 00:41:17,220 --> 00:41:18,740 And we give you a hundred bucks for a receipt. 430 00:41:20,020 --> 00:41:20,620 That's it. 431 00:41:20,780 --> 00:41:21,920 There's the behavior change. 432 00:41:21,920 --> 00:41:32,100 But what we're doing is, instead, we could have a thousand questions today where we try to figure out this administrative burden that we're now going to place on staff, 433 00:41:32,940 --> 00:41:38,400 all because we want people to change their behavior, and I just think there's a better way. 434 00:41:41,990 --> 00:41:44,290 So are you suggesting it be repealed? 435 00:41:46,170 --> 00:41:52,830 I'm suggesting that something that we could consider short of some of the other suggestions I had. 436 00:41:52,830 --> 00:41:59,470 I wouldn't be opposed to a rebate program funded by the city to help people with something 437 00:41:59,470 --> 00:42:03,690 that they very apparently don't want to do, but I don't think any of us are going 438 00:42:03,690 --> 00:42:07,970 to get something out of who are fine, how great you collect at a hundred bucks. 439 00:42:08,730 --> 00:42:12,550 That's not what we want to do to our residents, I don't think, but if we gave a hundred 440 00:42:12,550 --> 00:42:20,010 bucks to change the behavior, great, let's do that, but to just say we're going to keep 441 00:42:20,010 --> 00:42:32,930 having this be aspirational and we're going to wish and hope that it all works, I'm no longer in favor of that, I think it's been a four or five year experiment that hasn't worked. 442 00:42:34,070 --> 00:42:40,110 Yeah, this is one of the most interesting discussions because it's convergence of trying to do the right thing. 443 00:42:43,390 --> 00:42:47,470 Nobody wants to have to change it so we can cite people, but there have been some 444 00:42:47,470 --> 00:42:52,610 egregious things in the past that have led us to this point, and I think it seems 445 00:42:52,610 --> 00:42:56,710 like we all agree on this, that we would like to have a tool in the toolbox, if needed, 446 00:42:57,090 --> 00:43:08,550 and use it very sparingly to give a citation to a person or party that is not following 447 00:43:08,550 --> 00:43:14,570 what needs to be followed. On the other hand, you've got an aspirational goal of, like you 448 00:43:14,570 --> 00:43:21,050 say, the leafblowers that hasn't worked. And at this point, I appreciate what staff has 449 00:43:21,050 --> 00:43:27,800 done trying to find a middle road, but it really is a non-win. And Mr. Pearl, what you've just said is 450 00:43:27,800 --> 00:43:41,180 is a very interesting proposition to find a way that we could incentivize and move forward with 451 00:43:41,180 --> 00:43:43,660 the idea of trying to make it work. 452 00:43:46,560 --> 00:43:49,060 So I like it under consideration. 453 00:43:51,000 --> 00:43:56,220 Let me add some to that. You could get a rebate from the city and still get a rebate from 454 00:43:57,720 --> 00:44:06,720 So, at that point, now you've actually, for $300, $350, you can buy one of the most expensive 455 00:44:06,720 --> 00:44:08,340 electric blowers on the market, 456 00:44:12,030 --> 00:44:15,490 it seems like a win-win to me, it seems like a win-win, and 457 00:44:15,490 --> 00:44:20,230 when you come down for your $100 rebate here, they can explain to you how you can, oh hey, did 458 00:44:20,230 --> 00:44:24,150 you know you can apply for rebate from the ACMD, here's the thing, go for it. 459 00:44:25,590 --> 00:44:37,430 Well, I think one of the things we have to consider is the administrative time and the staff time, you know, whatever we decide to do, we always have to keep that in mind. 460 00:44:37,790 --> 00:44:46,730 We're very small staff, but I agree that would be great if it's not, you know, a burden. 461 00:44:48,870 --> 00:44:52,530 Yeah, I appreciate that we are a small stuff and every new program is simple as a 462 00:44:52,530 --> 00:44:56,290 base and we talk about it up here when we're working out the details and the structure 463 00:44:56,290 --> 00:44:59,970 of it, it all adds and is only so much, so much time. 464 00:45:02,320 --> 00:45:13,780 But what I hear the council is talking about here is really number two. I think you do want to have an administrative citation procedure for the municipal code in its entirety. 465 00:45:14,940 --> 00:45:23,660 But the direction is not to be siding on leaf blows, at least now unless you give a different direction and focus on education and other incentives. 466 00:45:23,660 --> 00:45:29,900 like further rebates or other ideas could be a path forward. 467 00:45:33,100 --> 00:45:37,520 So, yes, in my opinion we should have the structure. 468 00:45:37,880 --> 00:45:47,180 We should have the citation procedure, because I think it's really important, not just for leaf blowers, but just in general, because we don't have that right now. 469 00:45:47,180 --> 00:45:54,920 have, you know, there's no reason to not have the tool, to other comments. And I mean, we can 470 00:45:54,920 --> 00:46:04,820 further discuss the leaf blower issue. What is the time 3 now we're discussing this? You know, 471 00:46:05,180 --> 00:46:17,160 my comment to that is, you touched on this before Mr. Degos. And that's the violation of the leaf 472 00:46:17,160 --> 00:46:20,440 different things, the consequence of those things are very different. 473 00:46:21,040 --> 00:46:22,460 And also of oak trees. 474 00:46:23,300 --> 00:46:24,840 In oak trees too, yes, good point. 475 00:46:25,300 --> 00:46:26,320 Yeah, they're very different. 476 00:46:26,980 --> 00:46:28,760 I mean, the same administrative procedure 477 00:46:28,760 --> 00:46:33,820 can apply, but how we would, as a matter of policy, 478 00:46:34,260 --> 00:46:37,160 enforce those, should be considered differently, 479 00:46:37,480 --> 00:46:41,140 in my opinion, because the consequence of the violation 480 00:46:41,140 --> 00:46:42,860 is extremely different. 481 00:46:44,680 --> 00:46:46,680 That being said, I think, you know, 482 00:46:46,680 --> 00:46:51,620 I would be in favor of a rebate program. 483 00:46:52,420 --> 00:46:57,540 I mean, you know, provided we can find the money in our budget. 484 00:46:58,320 --> 00:47:02,200 Quite sure how much we're living in it. 485 00:47:02,200 --> 00:47:07,800 I'm not quite sure how much we need to budget for that. 486 00:47:07,820 --> 00:47:13,640 I mean, I guess we can just do some calculations with our residents and think about that. 487 00:47:13,640 --> 00:47:16,380 But I mean, I don't see the two as being mutually exclusive. 488 00:47:16,440 --> 00:47:23,120 I'm totally opposed to repealing the leaf full of our ordinance completely. 489 00:47:23,720 --> 00:47:26,000 I think that is a bad idea. 490 00:47:26,400 --> 00:47:28,580 I do not want to do that. 491 00:47:29,420 --> 00:47:34,640 But I'm definitely willing to entertain the idea of a rebate program. 492 00:47:35,120 --> 00:47:36,820 And yeah, they could get both rebates. 493 00:47:37,040 --> 00:47:37,860 That's a good point. 494 00:47:38,380 --> 00:47:39,100 So I had. 495 00:47:39,500 --> 00:47:42,600 I was just saying that you have a limited number of residents 496 00:47:42,600 --> 00:47:45,800 who would buy a leaf blower in the first place. 497 00:47:46,040 --> 00:47:49,840 I mean, so there's a cap to that. 498 00:47:50,160 --> 00:47:51,640 And you could always, you know, you turn it, 499 00:47:51,820 --> 00:47:54,220 it's one for a resident, one for a dress, 500 00:47:54,980 --> 00:47:55,840 kind of a thing. 501 00:47:56,680 --> 00:48:00,620 And additional, because this was really, you know, 502 00:48:00,880 --> 00:48:02,880 and this actually never occurred to me, 503 00:48:03,080 --> 00:48:05,000 which, sorry, interestingly, 504 00:48:07,120 --> 00:48:09,760 just makes weaning over a year ago 505 00:48:09,760 --> 00:48:15,620 or whatever, you know, in the many long time period we've been discussing this is, you 506 00:48:15,620 --> 00:48:18,960 know, you would said, well, I just have a leaf blower at my house and then my gardener 507 00:48:18,960 --> 00:48:25,220 comes to my house. He uses my electric leaf blower. Okay, I was like a light bulb going 508 00:48:25,220 --> 00:48:30,080 off. I had never really occurred because I mean, I had told my landscape or Miguel, you've 509 00:48:30,080 --> 00:48:34,080 got a, you saw electric and he's like sure no problem. But I realize that's not the situation 510 00:48:34,080 --> 00:48:41,100 for everybody. But that's a very simple solution that can be part of the education that I don't 511 00:48:41,100 --> 00:48:48,920 necessarily know that we've described that adequately to the residents before. Here's 512 00:48:48,920 --> 00:48:54,180 something like an issue. Forget one, plug it in, leave it outside, and they'll use it when they're 513 00:48:54,180 --> 00:48:59,080 at your house. And then when they go over to woodland hills or wherever they're going, they're the next 514 00:48:59,080 --> 00:48:59,560 customer. 515 00:49:02,400 --> 00:49:11,280 Yeah. So, Mr. Matt, is there any way we could combine those two pools of money 516 00:49:13,140 --> 00:49:19,880 and minister it or you have to go today? Certainly we'd have to look at what if any partnership 517 00:49:19,880 --> 00:49:25,440 AQMD had directly or if we would be able to supplement in one fashion but that was something 518 00:49:25,440 --> 00:49:30,340 we would have to reach out to discuss a little bit more in detail with them. Would you be willing 519 00:49:30,340 --> 00:49:33,980 And to do that, I think we can have some good discussions with AQ. 520 00:49:34,000 --> 00:49:35,180 It sounds like a good idea. 521 00:49:37,760 --> 00:49:44,980 Also, Mayor Hoone, would you permit me to ask some questions, or the council to ask 522 00:49:44,980 --> 00:49:46,860 some questions that Mr. Mike Witter? 523 00:49:48,620 --> 00:49:49,080 What's he do? 524 00:49:49,280 --> 00:49:49,800 Absolutely. 525 00:49:50,740 --> 00:49:51,560 Mayor Protem. 526 00:49:51,960 --> 00:49:52,420 It's Sweeney. 527 00:49:53,520 --> 00:49:53,800 Carry on. 528 00:49:56,620 --> 00:49:58,580 Come to the podium and introduce yourself. 529 00:50:02,480 --> 00:50:03,940 It's a fun part. 530 00:50:06,880 --> 00:50:15,400 Mayor Honning. Council has been a long time since I've said this. Mike Woodard, public safety for city of West Lake village. 531 00:50:15,940 --> 00:50:24,080 And what was your job before that? Community preservation for about five years for the city of West Lake village. 532 00:50:24,540 --> 00:50:28,960 Can you shed some light on what you think about what we're discussing? 533 00:50:30,740 --> 00:50:38,960 I'm very excited about this conversation, the direction of council, I'm also very excited about. 534 00:50:40,060 --> 00:50:41,960 And what was your biggest thing that you saw? 535 00:50:41,980 --> 00:50:49,500 I know that we call it the job that you've formerly held as beautification. 536 00:50:51,000 --> 00:50:53,840 But some people and other cities call it code enforcement. 537 00:50:53,840 --> 00:50:56,600 Right, so it's community preservation. 538 00:50:57,000 --> 00:51:01,280 I dealt with a plethora of different challenges in the city. 539 00:51:01,520 --> 00:51:03,620 Some cities call that code enforcement, don't they? 540 00:51:03,660 --> 00:51:04,120 They do. 541 00:51:05,320 --> 00:51:14,710 So can you give us some kind of idea about what the most obvious 542 00:51:15,990 --> 00:51:18,530 or not agree, just I don't want to say that. 543 00:51:19,970 --> 00:51:22,670 The code's that people ignore it the most. 544 00:51:24,430 --> 00:51:31,670 I would say there's a very still a very small percentage of people that will be non-compliant, 545 00:51:32,110 --> 00:51:39,530 whether it's car washes, leaf blowers, RVs, signage, whatever the violation may be. 546 00:51:39,670 --> 00:51:43,810 We still have a very small percentage of people that are non-compliant, 547 00:51:47,120 --> 00:51:52,220 but having a tool to at least let them know that this could happen, 548 00:51:52,220 --> 00:51:59,940 would be very helpful, I think, for your community preservation slash code enforcement person. 549 00:52:01,230 --> 00:52:04,710 Anybody else want to ask them, Mr. Wither, do any questions? 550 00:52:06,450 --> 00:52:09,710 Before you work to the city of West Lake Village, what was your job? 551 00:52:10,590 --> 00:52:14,970 I worked as a deputy sheriff for the city of West Lake Village with LA County. 552 00:52:15,430 --> 00:52:16,610 And how many years were you there? 553 00:52:17,150 --> 00:52:17,610 32. 554 00:52:18,250 --> 00:52:21,910 So you kind of know what you're doing when you're dealing with people who don't want to comply? 555 00:52:22,470 --> 00:52:24,910 I've dealt with a number like that. 556 00:52:25,770 --> 00:52:29,690 But none of them unless you're talking to make sure what your training is for this. 557 00:52:35,190 --> 00:52:39,370 Any other questions or comments for Mr. Woodard? 558 00:52:42,420 --> 00:52:43,460 Thank you. 559 00:52:43,540 --> 00:52:43,980 Thank you. 560 00:52:43,980 --> 00:52:44,800 Thank you, Mike. 561 00:52:47,730 --> 00:52:48,890 Mr. Ghost. 562 00:52:49,410 --> 00:52:50,950 Did you have some final comments? 563 00:52:51,230 --> 00:52:55,670 Well, just add on the rebate program and the cost of that. 564 00:52:56,130 --> 00:52:57,690 It's not in the budget right now. 565 00:52:57,690 --> 00:53:04,370 We do have a study session with the general fund for programs like that coming up on 9th of April. 566 00:53:05,650 --> 00:53:10,430 Which would be another good time to think about it again in context of the entire general fund budget. 567 00:53:10,730 --> 00:53:20,610 And is it in fact an area where you would like to spend money on a rebate program to buy individual families or people? 568 00:53:20,610 --> 00:53:25,170 Electrically flowers. Does that fit with the highest value that you have? 569 00:53:26,270 --> 00:53:30,970 So, I just, you'll have that context of the entire budget in a couple of weeks, so I'll 570 00:53:30,970 --> 00:53:32,990 say, we'll be taking it up here, and then. 571 00:53:33,150 --> 00:53:40,270 One of the things that I find really, I don't know what, so I want to see controversial 572 00:53:40,270 --> 00:53:45,690 about what we're talking about is that, you know, I think, to me it's pretty obvious, we're 573 00:53:45,690 --> 00:53:50,170 going to have to charge more for the assessment districts at some point. 574 00:53:50,910 --> 00:54:03,340 So, giving me rebates, then I think that's something we really have to think long and hard about when we come to the budget. 575 00:54:05,220 --> 00:54:07,840 Right, I agree because the money has to come from somewhere. 576 00:54:08,280 --> 00:54:12,100 So there's just, let's say, 3500 homes in West Lake, times 100. 577 00:54:13,760 --> 00:54:17,060 You know, that's $35,000. 578 00:54:17,060 --> 00:54:20,340 $1,000 would probably need to succeed. 579 00:54:21,720 --> 00:54:25,120 Right, if we count it everybody, right. 580 00:54:25,880 --> 00:54:26,440 I mean, yeah. 581 00:54:26,720 --> 00:54:28,160 So yes, I agree. 582 00:54:28,500 --> 00:54:35,120 If the MS isn't explaining, we'd have to consider that with our overall budgetary needs. 583 00:54:36,620 --> 00:54:38,300 I can appreciate as a council. 584 00:54:38,440 --> 00:54:41,460 We all want to see this ordinance work. 585 00:54:42,340 --> 00:54:45,520 And clearly it didn't get to where we wanted to. 586 00:54:45,520 --> 00:54:52,240 So, I really appreciate the ability to pivot and try something new that is more in line with 587 00:54:52,240 --> 00:54:56,460 the way our city works and the happy friendly approach. 588 00:55:01,520 --> 00:55:02,760 Anybody else? 589 00:55:06,860 --> 00:55:08,440 For overall comments, Mayor? 590 00:55:09,000 --> 00:55:13,120 I'm sorry. Are you looking for overall comments? I don't know where we are in the precinct too. 591 00:55:13,180 --> 00:55:15,060 Any comments you'd like to make, Mr. Pearl? 592 00:55:18,360 --> 00:55:26,640 Just briefly then. Look on the leaf lower ordinance. I hear you, Mayor Honig, the idea of repealing this is tough. 593 00:55:27,260 --> 00:55:32,000 And I understand that that's the least likely thing that's going to come out of this. 594 00:55:33,740 --> 00:55:38,760 To me, I go to the behavior change, the whole goal of this was to get people to do something 595 00:55:38,760 --> 00:55:40,060 that they're not currently doing. 596 00:55:40,780 --> 00:55:48,100 And I think for me, what Mr. Halpern just said is how I look at this, the Wesley Village does 597 00:55:48,100 --> 00:55:48,820 things differently. 598 00:55:49,140 --> 00:55:49,980 We are not perfect. 599 00:55:50,760 --> 00:55:53,080 You know, Mr. Woodard would have liked more tools in the toolbox. 600 00:55:53,820 --> 00:55:55,580 And I think that's valid. 601 00:55:55,580 --> 00:56:01,200 But I also go back to one of my old Navy terms, the kiss term, keep it simple stupid. 602 00:56:02,820 --> 00:56:09,480 And the presentation, no offense to Kristen and Caleb and the team, the presentation is pretty simple. 603 00:56:09,600 --> 00:56:13,840 The amount of work that's going to go into this, and I don't think we're keeping it simple. 604 00:56:16,580 --> 00:56:20,420 And if we're going to do anything along the lines of this code enforcement, 605 00:56:20,420 --> 00:56:26,420 And I for one would only support it in limited use, and that'd be as simple as possible. 606 00:56:27,180 --> 00:56:32,440 And one of the things I really worry about is that this is going to be weaponized by the 607 00:56:32,440 --> 00:56:33,240 occasional, 608 00:56:35,420 --> 00:56:40,120 it's a way to blow up what happens in individual HOAs to put it on steroids, 609 00:56:40,300 --> 00:56:46,100 to put it at the feet of our staff to go out and say, it's in your code, you have code enforcement, 610 00:56:46,100 --> 00:56:52,820 I want my neighbor or my ten neighbors find because they are violating this part of our code and I 611 00:56:53,240 --> 00:56:54,980 I don't want to indulge that 612 00:56:54,980 --> 00:56:57,860 I'm beginning of this, too. So how do we accomplish that? 613 00:56:59,160 --> 00:57:06,560 Mr. Degas. Well, yeah, and City Tony Bogum, I'd be able to help. I do believe we retain the discretion even with with that 614 00:57:06,560 --> 00:57:08,980 Council member Pearl and I agree we will probably 615 00:57:09,620 --> 00:57:15,860 Receive that if this new tool was in the old toolbox and people know it. I want us to pursue it 616 00:57:16,100 --> 00:57:24,400 on their neighbor or whatever, we will see that, but we were able to handle that and we 617 00:57:24,400 --> 00:57:32,820 are on discretion and be reasonable as to when we need to amend the lift floor code. 618 00:57:34,040 --> 00:57:39,640 We wouldn't need to amend it necessarily. It's an option because the council can also give 619 00:57:39,640 --> 00:57:46,080 direction that we don't want to see citations for the lift floor violations, even though it's 620 00:57:46,080 --> 00:57:52,240 that direction, and we wouldn't pursue citations. We'd continue with education and other incentives. 621 00:57:55,220 --> 00:57:59,540 But it's a councilman's point. There are times where you do want to have this tool. 622 00:57:59,920 --> 00:58:04,460 I want to be able to use a citation. It's infrequent. It's seldom, but it does come up from time to time. 623 00:58:04,460 --> 00:58:08,220 Right. So we're talking about the entire municipal code. 624 00:58:08,220 --> 00:58:15,920 municipal code. And it would, wouldn't it be nice if we could have that kind of discretion 625 00:58:15,920 --> 00:58:29,620 always with these tools put in but of ultimate discretion of the city manager? Is that possible? 626 00:58:30,420 --> 00:58:35,180 I think that's generally how it would work. I certainly would not be comfortable if this was in place 627 00:58:35,180 --> 00:58:42,300 any stuff giving a citation without me looking at it and giving the okay. And that would be pretty 628 00:58:42,300 --> 00:58:43,020 rare. 629 00:58:44,440 --> 00:58:46,600 Aaron's, I should have asked you the question. 630 00:58:48,880 --> 00:58:55,260 I agree with Mr. Degos. That's an easy answer. Really what if the Council 631 00:58:55,260 --> 00:58:59,380 moves forward with this administrative citation ordinance you are creating your adding a tool 632 00:58:59,380 --> 00:59:05,760 to your kind of arsenal of options and it's up to the Council to give staff direction on your 633 00:59:05,760 --> 00:59:11,880 priorities in terms of what you think is most important to focus on and perhaps less important 634 00:59:11,880 --> 00:59:17,180 as we discussed earlier and certainly if the council feels that energy and resources should 635 00:59:17,180 --> 00:59:21,960 not be spent issuing citations for leaf lowers, that's a direction you can give to staff 636 00:59:21,960 --> 00:59:25,700 and that will be followed, but that's not the sort of thing you need to, that you need to 637 00:59:25,700 --> 00:59:29,760 amend your leaf board, you do not need to amend your leaf board or ordinance to say that, that's 638 00:59:29,760 --> 00:59:32,300 just direction you give staff and that will be followed. 639 00:59:33,580 --> 00:59:38,580 You know, just like we're doing tonight, we're modifying what was already decided. 640 00:59:40,360 --> 00:59:47,200 If we're going to be giving way public funds as an incentive, and the AQMD is also providing, 641 00:59:48,400 --> 00:59:52,460 it doesn't provide much excuse for not going ahead and getting it. 642 00:59:52,660 --> 00:59:59,680 For any resident here, right, and at a later date, we can also revisit this and say, you 643 00:59:59,680 --> 00:59:59,980 Here's some. 644 01:00:00,000 --> 01:00:11,940 I think we look at the data. How many have we given away how many people aren't complying and we can adjust the citation policy then as we see fit? 645 01:00:12,980 --> 01:00:13,740 So there is flexibility. 646 01:00:16,280 --> 01:00:22,000 Two Mr. Pearl's HOA comment that I actually really agree with that. 647 01:00:22,000 --> 01:00:29,020 You know, I mean, having personal experience with that, I, that probably will occur. 648 01:00:29,560 --> 01:00:34,360 You're, I mean, the, what you're talking about the weaponization of it, because, you know, throughout 649 01:00:34,360 --> 01:00:40,180 the different HOAs in our city, we've, out different levels of issues. 650 01:00:40,660 --> 01:00:48,460 I think that the discretionary factor, what Rob was just talking about, that no citation 651 01:00:48,460 --> 01:00:57,300 and whatever be issued without him saying yes or no, I think that being in play is really 652 01:00:57,300 --> 01:01:03,100 important because we know our residents and the origin of the complaint, I think would 653 01:01:03,100 --> 01:01:04,240 weigh into that. 654 01:01:04,480 --> 01:01:09,240 Like we, you know, I think he would know where it might be coming from. 655 01:01:09,700 --> 01:01:17,760 I wanted to ask too, with regard to the HOA's, I mean, what do you, what do you counsel think 656 01:01:17,760 --> 01:01:19,100 about their role in this. 657 01:01:19,140 --> 01:01:25,240 In other words, if we proceed, it sounds like we're going to proceed with establishing this administrative 658 01:01:25,240 --> 01:01:26,200 citation procedure. 659 01:01:27,140 --> 01:01:30,860 Then the next step will be what are we going to do about enforcing it. 660 01:01:31,100 --> 01:01:32,100 Maybe little. 661 01:01:33,000 --> 01:01:36,440 What do you want the HOA role to be in this? 662 01:01:36,840 --> 01:01:41,640 In other words, we've talked about the weaponization, which I agree. 663 01:01:42,580 --> 01:01:46,160 It will be a problem, hopefully not a big problem, maybe a tiny problem, but it'll be 664 01:01:46,160 --> 01:01:46,360 there. 665 01:01:47,720 --> 01:01:54,360 But what do you see the HOA responsibility if anything for this going forward? 666 01:01:54,700 --> 01:01:55,220 Education? 667 01:01:56,280 --> 01:02:02,060 I mean, I would like to see them tell their residents, hey, this is what the city's 668 01:02:02,060 --> 01:02:02,400 done. 669 01:02:03,220 --> 01:02:05,420 This is the tool that they have now. 670 01:02:05,800 --> 01:02:08,620 But here's the, you know, assuming we can do this budget-wise. 671 01:02:10,240 --> 01:02:12,240 Here's the rebate program. 672 01:02:12,340 --> 01:02:14,240 Here's the ACMD rebate program. 673 01:02:15,600 --> 01:02:22,380 You know, I'm talking about leafflowers, but I mean, about anything, you know, fences and that kind of thing. 674 01:02:22,580 --> 01:02:25,980 What do you, what would you like to see? I mean, I think that's an important thing to consider. 675 01:02:26,580 --> 01:02:30,380 I think they can be, each always can be used as an extension of the city's message. 676 01:02:30,600 --> 01:02:31,360 Mm-hmm. 677 01:02:31,400 --> 01:02:31,840 Exactly. 678 01:02:34,700 --> 01:02:38,720 So, each always have this, my age, well, I'll talk about that. 679 01:02:38,720 --> 01:02:42,700 I was present at that age for six years on it for nine. 680 01:02:44,010 --> 01:02:53,990 In our HOA, there's 209 lots and there's not a great deal of interest in the HOA activities. 681 01:02:54,230 --> 01:02:59,870 There aren't any amenities that we have, the most expensive thing we have in the trails is the weed abatement on the hillside. 682 01:03:01,890 --> 01:03:08,890 So there's not a lot of things to actually needing to communicate with respect to problems and stuff like that. 683 01:03:08,890 --> 01:03:21,130 So oftentimes the communication you get from the HOA board goes into the trash because you see it as a junk mail or something like that. 684 01:03:21,370 --> 01:03:27,330 So you have the same communication problem reception in the HOA that you do here. 685 01:03:27,550 --> 01:03:34,950 We would have multiple ways of putting out information and people say I never heard about it until all the sudden we're taking a vote in here and then we hear about. 686 01:03:34,950 --> 01:03:44,550 So to Brad's point and to the point where if we've got an educational program here they can 687 01:03:44,550 --> 01:03:52,130 be an extension of that and that AQMD thing actually applies to their gardener as well. 688 01:03:52,130 --> 01:04:02,330 Well, it's not a city thing necessarily and the HAA can help the vendors to their residents 689 01:04:02,330 --> 01:04:06,710 And how to go to the city and the city will show you how to get the AQMD thing. 690 01:04:06,990 --> 01:04:13,470 I mean, that's the service we could actually provide to these entrepreneur type or, you 691 01:04:13,470 --> 01:04:16,910 know, mom and pop, kind of services that are doing your lawn. 692 01:04:18,110 --> 01:04:23,970 So it could be a very big asset as this, and kind of takes a pressure off of that, that 693 01:04:23,970 --> 01:04:27,930 they H-O-A board, because you're saying, well here, this is the city thing, this is how 694 01:04:27,930 --> 01:04:30,470 the city is doing it, and throw it to us. 695 01:04:30,470 --> 01:04:33,390 This would be the one time where you'd want anything 696 01:04:37,100 --> 01:04:40,180 else in any other comments or questions. 697 01:04:40,960 --> 01:04:42,580 So Rob, can I ask you a question? 698 01:04:43,160 --> 01:04:48,720 As the person, we would write this with the ultimate discretion line with the city manager. 699 01:04:50,780 --> 01:04:55,320 That puts you in the middle of the council, the staff, and our residents, and certain circumstances. 700 01:04:56,980 --> 01:04:59,960 And to that angry resident who thinks your discretion is be... 701 01:05:00,000 --> 01:05:09,420 Being abused or you are wrong or you're playing favorites or you're just flat out, making a bad decision. 702 01:05:10,520 --> 01:05:14,640 That puts you in a tough spot. What's your reaction to the council placing you there? 703 01:05:16,600 --> 01:05:23,340 That's a trade-off. To establish this program. There's some risk of that. 704 01:05:24,480 --> 01:05:30,060 But there's lots of opinions about lots of things every day that I'm working through and 705 01:05:30,060 --> 01:05:36,360 I'm pretty careful about decisions and being in close conversation with all of you about what 706 01:05:36,360 --> 01:05:40,140 you all believe is reasonable and sometimes I know that you don't always agree necessarily, 707 01:05:40,540 --> 01:05:46,700 but I'll tread carefully and I wouldn't be trading very carefully with respect to citations certainly. 708 01:05:47,840 --> 01:05:55,980 I do think on balance having an administrative citation program as a tool for the city is important and appropriate. 709 01:05:56,640 --> 01:05:59,100 We just need to deploy it very, very carefully. 710 01:05:59,740 --> 01:06:04,400 And I think on the leaf blowup item, I think it's number two up there. 711 01:06:05,040 --> 01:06:11,320 We need to stay in the education, further incentive, you know, lane for some time longer. 712 01:06:11,320 --> 01:06:15,260 But let's see if we can get a rewrite program that really works that we can afford to have 713 01:06:15,260 --> 01:06:19,180 the Kachos thing, because she's probably thinking how we fit this in. 714 01:06:19,520 --> 01:06:24,520 But maybe that's something we can do, and then come back to whether citations are appropriate 715 01:06:24,520 --> 01:06:30,120 in a future time for that particular type of violation, though, I'm okay with it. 716 01:06:30,400 --> 01:06:36,680 One more thing, to Ms. McSweeney's point, it should be publicized that one of the angles 717 01:06:36,680 --> 01:06:44,320 is to have a leaf-blower onsite that any gardener can pick up a use that really has not been pushed 718 01:06:44,320 --> 01:06:46,780 and we should exert that push. 719 01:06:46,920 --> 01:06:51,680 I agree that has not been pushed because literally it never occurred to me. 720 01:06:51,820 --> 01:06:52,300 I mean. 721 01:06:52,840 --> 01:06:54,560 So we certainly can do that. 722 01:06:54,560 --> 01:06:57,160 I think that's really good direction. 723 01:06:57,600 --> 01:06:58,400 We're not there yet. 724 01:06:58,480 --> 01:07:00,320 We're going to continue to work the issue. 725 01:07:00,540 --> 01:07:03,380 There is one last slide and it relates to oak trees. 726 01:07:03,480 --> 01:07:06,400 I think there's more consensus among the council on this topic, but it's also one 727 01:07:06,400 --> 01:07:12,920 unique type of violation that can't be corrected in certain circumstances, so that which is 728 01:07:12,920 --> 01:07:17,420 a particular challenge and that's why we believe a different type of fee structure is appropriate 729 01:07:17,420 --> 01:07:21,860 for that type of violation. Kristen, you want to just finish up with this slide. 730 01:07:22,280 --> 01:07:31,780 Correct. So in the world of oak trees, if a violation is discovered, illegal trimming, 731 01:07:36,240 --> 01:07:36,240 illegal 732 01:07:36,240 --> 01:07:47,700 you can't move the boat out of, you know, out of the driveway. So, you know, a different sort of 733 01:07:47,700 --> 01:07:59,100 corrective remedy for that is proposed as it relates to oak trees. So, the remedy for that is when 734 01:07:59,100 --> 01:08:03,500 The violation is discovered depending on 735 01:08:05,680 --> 01:08:10,420 the, the, the, the width of the tree, that would be the violation. 736 01:08:10,560 --> 01:08:19,600 So, for violation is discovered, an arborist inspects it, and a citation is given based on, based on the diameter of a tree. 737 01:08:19,840 --> 01:08:29,620 And so, the, you know, as proposed, you know, up to $10,000 off for the, the white history possible is proposed. 738 01:08:29,620 --> 01:08:35,340 So if there's any questions related to oak trees? 739 01:08:35,660 --> 01:08:40,780 Yeah, I just have a question. So the state regulates oak trees, right? 740 01:08:40,900 --> 01:08:45,900 And it's already against law to trim an oak tree. 741 01:08:46,400 --> 01:08:51,540 Well, I mean, oak trees are protected to protect tree, but I think each individual city and county, 742 01:08:52,080 --> 01:08:56,300 we have our own ordinance because it relates to oak trees. 743 01:08:56,300 --> 01:09:01,280 So this would be related to our specific, okay, thank you. 744 01:09:01,500 --> 01:09:02,580 I have a question, Mr. Bogot, 745 01:09:06,610 --> 01:09:11,310 I have two ancient oak trees on my property, 746 01:09:13,630 --> 01:09:18,330 and I have about ten others that are on the property as well, but they're not ancient. 747 01:09:18,870 --> 01:09:29,710 Some of them are different species, some is live oak and some is a valley oak, the valley oak, because the deciduous tree, the live oak is an evergreen. 748 01:09:32,140 --> 01:09:41,840 Many of, I've lived in this property for almost 30 years, and I have seen trees that were not there 30 years ago that are now there. 749 01:09:43,680 --> 01:09:47,120 But this has to do with the size of a tree. 750 01:09:48,540 --> 01:09:57,820 These trees can be massive, and they also can be hidden from regular view. 751 01:09:58,580 --> 01:09:59,960 And my concern is... 752 01:10:00,000 --> 01:10:10,840 Is that if I'm a resident and I want to push my, I want to build a pool, and there's an oak tree in my backyard, 753 01:10:14,500 --> 01:10:21,400 and the pool's going to cost me $100,000, let's say, which is probably cheap, but $100,000. 754 01:10:22,400 --> 01:10:28,920 For 10% of that, I can cut that tree down and just pay the city 10 grand and give them 755 01:10:28,920 --> 01:10:31,400 four oak tree replacements. 756 01:10:32,600 --> 01:10:36,220 But the value of that tree is much better, much higher than $10,000. 757 01:10:37,560 --> 01:10:43,240 So how do you justify putting a cap on an oak tree at $10,000? 758 01:10:45,000 --> 01:10:47,340 So it's a very good question, Council Member Davis. 759 01:10:47,340 --> 01:10:50,800 for the administrative citation ordinance state law 760 01:10:50,800 --> 01:10:55,140 does regulate the amount of fines that a city can impose. 761 01:10:55,480 --> 01:10:58,000 And this, the $10,000 amount is actually pretty aggressive 762 01:10:58,000 --> 01:11:02,760 under the state standards, if there was an egregious situation 763 01:11:03,680 --> 01:11:07,360 where for whatever reason, if it's determined that $10,000 764 01:11:07,360 --> 01:11:11,340 just doesn't cut it, then you would, as a city, not the council, 765 01:11:11,400 --> 01:11:14,280 but as a city, the matter could be sent to the city prosecutor 766 01:11:14,280 --> 01:11:16,920 to go straight to the sort of court process. 767 01:11:16,920 --> 01:11:20,700 and maybe through that process, the dependency could be even greater than that. 768 01:11:21,940 --> 01:11:25,760 So this is really, the $10,000 fine is really just the administrative process. 769 01:11:25,960 --> 01:11:30,900 It's not necessarily the cap if you went, if the prosecutor went a different route to 770 01:11:30,900 --> 01:11:31,800 the court system. 771 01:11:32,860 --> 01:11:41,900 The only other thing I would add is, again, these numbers were picked deliberately and cities 772 01:11:41,900 --> 01:11:44,860 do have to be careful about the fine amounts. 773 01:11:44,860 --> 01:12:04,760 Just a couple of months ago, and I'm pointed to this out to staff, there was a court decision involving Humboldt County where they had an ordinance about illegal cannabis activity, and they basically had a similar administrative citation system, and it's basically each day of a violation between $6,000 and $6,000. 774 01:12:06,320 --> 01:12:11,740 And that was challenged in court and the court ultimately said that that's potentially 775 01:12:11,740 --> 01:12:15,560 in constitutional because you could run up a fine that far exceeds the value of the property. 776 01:12:17,540 --> 01:12:22,200 So that's the kind of the outside of things we're looking at, when we pick these numbers, 777 01:12:22,720 --> 01:12:27,700 we're keeping, we don't want to make ourselves a target for a lawsuit, we're also recognizing 778 01:12:28,540 --> 01:12:32,820 that this is just because it's $10,000 here, the prosecutor could still go to court and maybe 779 01:12:32,820 --> 01:12:36,560 get a higher fine if there was, if it was warranted, if the situation was warranted. 780 01:12:36,880 --> 01:12:39,460 And where does it say that an ordinance that isn't confusing? 781 01:12:41,500 --> 01:12:47,780 Well, I mean, I've not certain, the ordinance has drafted doesn't, the ordinance has drafted 782 01:12:47,780 --> 01:12:53,460 basically says, that's in your packet says, you know, this administrative fine system doesn't 783 01:12:53,460 --> 01:12:56,360 stop the city prosecutor from doing other options. 784 01:12:56,940 --> 01:13:00,600 So, I mean, that's as close as we get to that, I mean, we're not, you can't really 785 01:13:00,600 --> 01:13:24,460 So before us tonight is another issue about an ordinance that we had that was somehow, there was a gray interpretation, and I want to make sure that our ordinance oak tree ordinance, this is the third time on this council that I have been here discussing oak tree ordinances and the inability to prosecute or the inability to hold responsible a party that damages the tree. 786 01:13:24,460 --> 01:13:31,220 And I want to make sure that if after 10,000 bugs, if it's worth $100,000, that tree, 787 01:13:31,940 --> 01:13:36,300 that it's very clear in the ordinance that that could also happen, that the prosecution 788 01:13:36,300 --> 01:13:36,780 could happen. 789 01:13:37,300 --> 01:13:42,400 Because what I get from this and what I would automatically think about our ordinances, 790 01:13:42,800 --> 01:13:44,840 once the city is through finding you, it's over. 791 01:13:46,620 --> 01:13:46,640 No. 792 01:13:47,120 --> 01:13:50,200 I mean, the fine doesn't absolve you of correcting the violation. 793 01:13:50,880 --> 01:13:52,080 You can't correct your violation. 794 01:13:52,080 --> 01:13:53,440 It's a 400 year old tree. 795 01:13:53,440 --> 01:13:58,900 I understood. So I'm what I'm saying is I think in an agreed situation, it wouldn't be 796 01:13:59,920 --> 01:14:05,200 the city would not. Again, I'm not deciding who gets prosecuted. But the city would not 797 01:14:05,200 --> 01:14:09,640 basically issue it $10,000 fine and then separately the city prosecutor would go to court. 798 01:14:10,040 --> 01:14:13,800 I think what would happen in that case if in a really bad situation is the city prosecutor 799 01:14:13,800 --> 01:14:17,960 just goes to court and tries to get the maximum fine that can be imposed. 800 01:14:17,960 --> 01:14:27,680 Okay. Now as a practical, this is a practical point. The cost of taking someone to court overcutting down a tree. 801 01:14:28,780 --> 01:14:36,950 I don't see that as being rather, I won't call it practical. I just don't think it's probably likely. 802 01:14:38,810 --> 01:14:46,290 So how can we increase the fine from $10,000 to cap in case it's an ancient tree? 803 01:14:46,750 --> 01:14:49,470 or, you know, a tree that's 50 years old 804 01:14:49,470 --> 01:14:52,690 is not the same value as a tree that's 150 years old. 805 01:14:52,810 --> 01:14:53,610 That's why it's a process. 806 01:14:53,670 --> 01:14:56,610 But they're all $10,000 if they're $36,000, $30,000, 807 01:14:56,610 --> 01:14:58,510 $30,000 is around it. 808 01:14:59,370 --> 01:14:59,970 I appreciate it. 809 01:15:00,000 --> 01:15:25,080 I appreciate the question. I think that the fine schedule for this administrative citations scheme, in my mind, does a good job of sort of setting different levels based on the size? And what you might see if someone will say, well, if you have it's a 50-year-old tree, but it wasn't in great health. I mean, if you're going to kind of factor in that level of detail, it's hard to do in something in a fine schedule like this. 810 01:15:25,080 --> 01:15:28,500 and harder than to prosecute civilly as well. 811 01:15:31,030 --> 01:15:32,690 You're not going to want to do it. 812 01:15:33,070 --> 01:15:34,170 Well, I could spend the money, 813 01:15:34,170 --> 01:15:36,490 and I could spend the money to enforce this. 814 01:15:36,970 --> 01:15:38,950 I, that's ultimately a council call. 815 01:15:39,790 --> 01:15:41,850 Oh, he's happy to thank you. 816 01:15:42,730 --> 01:15:45,670 I, you know, my sense is if in a degree to situation, 817 01:15:46,310 --> 01:15:48,090 the council, the council probably would. 818 01:15:48,250 --> 01:15:50,390 And we have prosecuted people in the past. 819 01:15:51,470 --> 01:15:54,070 Not for oak trees, but for money, 820 01:15:54,070 --> 01:16:00,910 I mean, the illegal business out of their home, I can think of at least two times that 821 01:16:00,910 --> 01:16:05,810 we've prosecuted people and my time on the council. 822 01:16:06,690 --> 01:16:12,490 And I think you were there for, I was here for the cannabis flower lady. 823 01:16:12,530 --> 01:16:16,570 The guy who was doing, I'm thinking of flower lady, which I think was before your time. 824 01:16:16,650 --> 01:16:17,710 I don't remember the flower lady. 825 01:16:17,710 --> 01:16:22,950 Our lady was in first name, but thank you. 826 01:16:23,010 --> 01:16:26,210 Right, we're situated truck, you know, called the sack. 827 01:16:29,010 --> 01:16:34,450 Any other comments or questions on the oak tree section of our discussion? 828 01:16:36,490 --> 01:16:40,710 I have none, Mr. DeGos, anything to conclude? 829 01:16:41,030 --> 01:16:44,210 Well, just, I mean, this will strengthen our code enforcement program. 830 01:16:44,590 --> 01:16:46,590 It'll be better, it won't be perfect. 831 01:16:46,590 --> 01:16:55,630 We're going to be ways around things, there will always be, but it will be much better, I think, and stronger, and we'll have additional tools and else toolbox. 832 01:16:56,570 --> 01:17:15,190 What I heard from the Council is that we should proceed to finalize the drafting of a policy and procedure to have a more robust code enforcement program, specifically for the leafflowers to explore a rebate program 833 01:17:15,190 --> 01:17:22,610 As a companion to the ACMD program, I will take a look at that in a couple of weeks as part of the overall budget to see if that can be included. 834 01:17:24,110 --> 01:17:32,450 And then present a final draft to the admin committee on the new procedures for code enforcement and then present to the full council for consideration. 835 01:17:33,370 --> 01:17:34,050 Is that correct? 836 01:17:36,810 --> 01:17:37,030 Yes? 837 01:17:37,950 --> 01:17:38,230 Yes? 838 01:17:38,930 --> 01:17:38,990 Yes. 839 01:17:42,490 --> 01:17:43,570 I'll take it. 840 01:17:43,790 --> 01:17:45,810 You can take the emergency road, Mr. Pearl. 841 01:17:45,810 --> 01:17:52,250 All right, but then if we have nothing else, the study session is adjourned at 5. 842 01:17:53,550 --> 01:17:54,110 Which one? 843 01:17:54,650 --> 01:17:54,670 Oh. 844 01:17:54,990 --> 01:17:55,550 Okay, 5. 845 01:17:56,390 --> 01:17:56,410 43. 846 01:17:56,850 --> 01:17:57,610 I have more money than God. 847 01:17:57,630 --> 01:17:58,530 I can do that one. 848 01:17:59,070 --> 01:17:59,570 Thank you. 849 01:17:59,710 --> 01:18:00,750 See you at 630. 850 01:18:00,750 --> 01:18:01,450 See you next time.