I don't have the agenda on my screen yet. >> Just in case you need it. Okay. Agenda. >> I had it on for a moment ago. Hello. Good evening everyone. I'm Sarah Fox, I'm the mayor pro tem, and I'll be running the meeting tonight. It's 630. We're going to get started as a reminder to anyone who's testifying tonight. You need to make sure you have your your microphone on. And when we do have time for folks to speak, we have a council policy 132 for all speakers to not exceed a three minute time period. And also that they need to speak on matters that pertain to city business. So if you exceed those that time frame, I'll ask you to conclude your remarks. If you continue speaking, I'll again ask you to stop speaking and warn you that failure to do so will result in the suspension of your privilege to speak to council for 90 days. And finally, if you continue beyond that warning, you'll be issued a written notice of the 90 day suspension of your ability to provide testimony at council meetings. So hopefully everyone heard our rules for tonight and how to communicate when you're up at the at the desk there, if you have any other questions, you can always reach out to staff. And with that, let's begin with the Pledge of Allegiance. >> I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible, with liberty and justice for all. >> All right, Miss Maroon, could you give us the roll call? >> Council member. Harless. >> Present. >> Perez present. Mayor Pro tem frock's. >> Present. >> Paulson. Here. Stover here. Hanson present. Mayor. McInerney. Ogle. >> Moved to excuse. Mayor McEnerny Ogle. >> Got a motion and a second. All in favor? I any opposed? All right. She has been excused. All right, moving on to our next item. This will be fun for me. We have three proclamations tonight. We have. The first up is the International Week of Deaf People. And who do we have tonight to accept the proclamation? Kelly Saruta, is that right? I'm sorry. Please let me know how to say your name. Do we have Kelly here tonight? >> Yes. >> Wonderful. You can come up to the desk if you'd like. >> Other members of that school. I bring them up with me. >> Yes, please. Sitting is great. All right, I'll read the proclamation. Whereas the Washington Center for Deaf and Hard of Hearing Youth and the Washington School for the deaf serve the state of Washington in our community to support the education of deaf and hard of hearing students. And whereas the fourth week of September is recognized internationally as an opportunity for communities to come together and celebrate deaf individuals, their language and culture, as well as their accomplishments and goals for the future. And whereas the deaf community is enriched by American Sign Language, which is communicated through hands, facial expression and body movements. And whereas, the City of Vancouver recognizes every deaf individual as a human being with the ability to achieve anything like anyone else, and the deaf community is a vibrant cultural group with a rich history and language that greatly enriches the diversity of our city. Now therefore, I, Sarah Fox, Mayor Pro Tem of Vancouver, Washington, do hereby proclaim the 21st through the 27th of September as International Week of Deaf people in the City of Vancouver and call upon the people of Vancouver to honor this observance with appropriate programs, ceremonies, and activities. All right. Usually I come. >> Down and, well, I don't. This will be my first time. Would you like to have a photo taken or do you want to take a photo? Yeah, I like to say something. Thank you so much. >> All right. Thank you so much for being here tonight. Our next proclamation is Food Waste Prevention Week. Let's see. All right. Meg Johnson and Will elder, we're going to join us. All right Meg. Okay. Whereas approximately one third of all food produced in the world is wasted. And in the United States, over 29% of the food supply available went unsold, was wasted or uneaten. And whereas Washington generates 1.1 million tons or 2.2 billion pounds of food waste annually, including 400 000 tons of edible food disposed of in the landfill, resulting in hundreds of billions of dollars in economic loss annually. And whereas food waste has considerable climate impacts through its production, handling and transportation, which generates significant carbon dioxide emissions, releases excess methane gas when sent to the landfill, which contributes to climate change and enormous resource loss. And whereas, Vancouver's Climate Action Framework and Strategic Plan provide policy, support and guidance for preventing food waste and diverting organic materials from the landfill and is consistent with Washington's goal of reducing food waste by 50% by 2030. And whereas preventing food waste is a valuable way, community members, businesses and organizations across the city can best use food well, reduce harmful greenhouse gas emissions, and increase food security for our most vulnerable populations. Now, therefore, I, Sarah Fox, Mayor Pro Tem of Vancouver, Washington, do hereby proclaim September 28th through October 4th, 2026 as Food Waste Prevention Week in the City of Vancouver and encourage all community members and businesses in our community to join me in this special observance and consider learning about and taking meaningful actions to prevent and reduce food waste. All right. >> Let's do we. Is this out of order? I feel. >> Like this is out of order, but you guys. >> Tell me, well, doing great. Okay. Thank you. >> Thank you, Council members. It's very long winded. Good job Sarah, I'm Meg Johnson, a solid waste analyst in public works solid waste department here at the City. Food Waste Prevention Week is a global, celebrated event that gives an opportunity to reduce food waste and reconnect with the true value of food and the role that it plays in all of our lives. Through this proclamation, Vancouver joins our regional partner, Clark County, and other cities across the state, along with Governor Ferguson, to affirm the commitment to preventing food waste and raising awareness of the cost of wasted food not just dollars and cents, but social and ecological costs. For example, emissions from food waste are estimated around 10% of all global emissions more emissions than from the entire airline industry. So some perspective there. Food Waste Prevention Week is a great opportunity to recenter our food priorities using food well, eating leftovers, preserving food, storing food correctly, grocery shopping with a plan, and using what's already on hand. When food is viewed through the perspective of the months of growth, care, and resources that make up every single bite, we respect the efforts of farmers, producers, and workers who make those bites possible. The City of Vancouver aligns with the state goal of reducing the amount of organic material going to the landfill by 50% by 2030. By making small changes in our daily lives around food and using food well, we can make an impact and difference in our community. And a quick plug for Clark County's Waste Buster Challenge that starts on the first day of Food Waste Prevention Week, September 28th. Next Monday. It's a 21 day challenge with prizes that helps folks reduce food waste. Seek out more information through Clark County's Green Neighbors website. And thank you so much for your support and commitment to our food system and community waste prevention strategies. >> Thanks all. >> Thank you. All right. Our next proclamation is Week Without Driving. Jean Anne Edwards, Darina Hatch and Adam Argo. They're here. Might as well join us up here. All right. This proclamation begins with. Whereas access to mobility is fundamental to health, safety, economic opportunity and community connection, enabling community members to reach education, employment, medical care, food, recreation, faith communities and social networks. And whereas many people cannot afford the cost of a car, and nearly a third of the people residing in the U.S. do not drive either because of systemic barriers to driving their age or a condition that does not allow them to drive, including elders and people with disabilities. And whereas transportation represents the largest source of greenhouse gas emissions in the United States, in our region and in Vancouver, and to meet our city's climate and greenhouse gas emissions reduction goals of net carbon neutrality by 2040, we must reduce emissions in our transportation sector. Whereas the 2024 to 20 2044 2044 Transportation System Plan envisions a city where vancouverites can travel safely and efficiently by all modes, sets policy to encourage the adoption of non drive modes and invest in projects and programs to expand transportation options. And whereas, participate in week without driving by taking some or all trips via a non driving mode to build an understanding of the needs of our neighbors and increase awareness of ways we can continue to improve our transportation system. Now therefore, I, Sarah Fox, Mayor Pro Tem of Vancouver, Washington, do hereby proclaim the week of October 1st through October 8th, 2026 as week without driving in the city of Vancouver and encourage community members, community organizations, businesses and public officials to participate, reflect, and work toward a future where everyone, regardless of age, ability or income, has safe, affordable and sustainable transportation options. Okay, I'm going to walk down there again, so. >> Okay. >> All right. Who wants to go talk to us first? >> I will be glad to. >> Thank you all for these proclamations. It does make a difference to those of us who are trying to make sure we showcase things. And thank you for a lot of the commissioners who I know joined us last year in week without driving, and I hope you do again this year. My name is Jean Ann Edwards. I'm the executive director at Community of Motion. We're helping the city this year try to put a bigger focus on week without driving, and have several things going on throughout the week, but I just wanted you guys to think about your morning routine. We wake up, we grab our coffee, we get ready, and then we head out the door. And for most of us, that means getting in our car and driving to work in southwest Washington. As we said, close to 80% of the people. That is their main way of driving or getting to where they need to go. So we don't even think about it anymore. Driving has become a default setting for modern life. It's an invisible thread that connects our homes, our workplaces, grocery stores, and our schools. But for the first week of October, we're asking people to challenge themselves to do something radical, something deeply challenging, and something incredibly rewarding. Participate in the week without driving. This week is not just about leaving your car in the driveway. It's about shifting your perspective, opening our eyes, and experiencing our communities from the ground up. For many of us, participating in this challenge is a temporary experiment. It's a lifestyle choice we're making for one week, but for nearly one fourth of the people in our communities, every single week is a week without driving. When we designed our community strictly for cars, we inadvertently built walls around people who cannot drive. Our elders have given up their keys. Teenagers trying to get after school jobs, people with physical, mental or visual disabilities, and low income families who can't afford the financial burden of a car ownership. When a community lacks safe sidewalks, enough reliable public transit, and protected bike lanes, we're not just creating traffic, we're cutting people off from opportunity. We make it harder for them to reach a doctor, get to a grocery store, or to hold down a job. This week is an exercise in empathy. Stepping out of our cars allows us to step into the shoes of our neighbors. Inside a car, the world moves fast. Your climate controlled bubble shows a blur of concrete signs and taillights. You might be stressed by traffic or for looking for a parking spot, but when you walk, take a bus or ride a bicycle. The world opens in a different way. You notice your neighborhood. You see local businesses that you might not even notice. When you're in your car, you notice which streets have beautiful, mature trees and which ones are completely exposed to the elements. You notice the infrastructure gaps. You realize where the sidewalk suddenly ends. When you step in that puddle, you learn how little 12 seconds is when you're trying to cross a six lane road. You connect with others on a bus. You're surrounded by your community. You experience the diversity in a different way. You exchange greetings with your neighbors, share a smile with a child, or simply read a book instead of gripping the steering wheel. We've been conditioned to believe that car ownership equals freedom. But when we look closer, our total dependency on cars has a staggering cost. There's the environmental toll. Transportation is one of the leading contributors to greenhouse gas emissions. Every mile we walk or bike instead of drive is a breath of cleaner air for the future community. There's also the financial toll. Owning a car is incredibly expensive, estimated at 12000 a year for monthly payments, fuel insurance and unexpected repairs. Think about what families can do with $12,000 a year. There's the toll on our physical and mental health. We spend hours sitting in traffic, sedentary and stressed. Chronic loneliness is on the rise and sedentary lifestyle that comes from driving everywhere, parking up close and closing yourself inside a box doesn't help that humans were meant to move, to walk and to interact. So surviving and thriving during this week of without driving starts with preparation and a little bit of patience. So download C-TRAN transit app, map out your routes ahead of time, give yourself some extra time to get to your destination and treat it as an adventure, not an inconvenience. Research is the best way to to secure your bicycle while you're at work or the grocery store, but mostly, keep a mental log of your experience. When you find a transit route that was seamless and efficient, celebrate it when you find a street that feels dangerous to walk down, remember it and when the week's over, hopefully you don't just forget about your experience, but become an advocate. Share our experiences with urban planners, C-TRAN, and the city to make transportation better for all. I hope you'll embrace this challenge. Enjoy the fresh air. Appreciate the extra steps. Look your fellow commuters in the eye. Take pride in the fact that you are part of a movement towards a cleaner, kinder, and more accessible world. If you can't do the entire week, what can you do and how can you get around differently? Thanks. >> Thank you. >> And I just want to thank you for coming up and talking about the transit app, because to some folks, it can be a little bit intimidating as far as planning your trips. Download the transit app and you will find out just how easy it is to plan your trips. And also have a shout out to our CEO of C-TRAN back there. Hi, Lehan. >> Hi. >> Thank you, Mayor Pro Tem. >> Sure. >> All right, that concludes all of our proclamations for tonight. Thank you, everyone for being here. We'll wait just a minute. Yes, folks that would like to stay and continue being here are still here. All right. Our next item on the agenda is community communication. And this is the time to speak to the items one through ten. It doesn't include any of the public hearing items. So just to make a note of that and the only person, unless we do we receive anything else, any other. >> I believe you have one. Just one preregistration that's listed on your. >> All right. So we have we'll go with the person who's here in person. So it's Carmen de Lehan. So speaking to items one through ten. Carmen. >> Hello. All right. It's working. So speaking to items one through ten. So I'm going to kind of make them all together because let's see item like love outreach is for like homeless, right? And let's see the other outsiders operation of the safe stay community homeless. And there's a bunch of stuff about homeless. So I would like to say that all these things put together, you know, they should not even be having to do it if churches practice what they preach. Because like I've said, I've seen basketball court fellowship halls empty all week long that can be filled with the homeless, and the churches own billions of dollars in property because they're exempt. So I don't even think this should be an expenditure. I think that the churches should practice what they preach, and in order to have an exempt status, they should show you a solution for homelessness so that all this becomes obsolete and put it where the, you know, the do gooders can do good and walk the walk, not just talk the talk. And when you're talking about the homeless, I was wondering about the mobile service because I haven't seen it once. I haven't seen that mobile service. Nowhere on the streets since it's been, oh, big deal. They're going to do a homeless are coming to the homeless community. Where I drove around there, I saw tents. I saw nobody else helping. Anyways, what was number seven? Was that it? Nope. That was bridge shelter. But there's this thing about the parks, right? Isn't there? Number two? Was it two about the parks? >> There is. Yes. >> Okay. So how come the parks hopefully. I didn't see all of it. But I have been to the new ones and they got fake grass. And if you've never skied on fake grass, it burns. Natural grass is for humans. Fake grass is for nobody. So if you guys are going to do upgrade so-called upgrades to these parks, can you make it go back to what's good and decent and just a basic swing and monkey bars instead of this new stuff that is, there's some pole that goes around in circles. All you're doing is making your kids dizzy. You want them to have, what do they call those? Those, you know, they do it in training for the army, the ropes and you and you walk up. You climb up the ropes, you build upper body strength for these kids. You don't let them just be sitting around getting fat and lazy. You have to make them sweat. Otherwise they're going to get confused. You got to work it off, man. So when I say upgrades to the parks, I mean solar powered lights and real grass and homes for the bees built into the park homes. I mean, you want to make a structure that's welcoming bird houses, like the ones I've seen down there that that welcome homes for the Eagles. We have like 3 or 4 eagles living over there off. What is it called? Like you're going to Vancouver Lake and why can't we do that in all the parks where we make it be friendly, bird friendly, and make those children sweat to get their mind off of the the TV and all that, because that's just destroying them. They need to get physical. And I don't mean by just going around in circles. >> All right. Thanks for your testimony, Carmen. All right. Online we should have Kimberly going Elbon. >> Kimberly going Elbon. So has anybody ever been in a perfect storm? Well, I locked my keys in my car yesterday. I didn't have a chance to go to the library to print off, which I normally do, the agenda and anything else that I was interested in speaking on. But the perfect storm part of it is, is, is I'm still waiting for my locksmith, but I usually for the last 5 to 6 years that I've been speaking here at these council meetings, have been able to be on my telephone, my phone, my, my cell phone for looking up agendas. And I can usually tap on things. So I want to let you know that my phone is, I think, being targeted. I think it's being blocked. And I'm not sure why. I know that. I spoke to Melo here yesterday and she tried her phone and laptop and it was not. The agendas are grayed out. I can go to the let me pull it up again here. I can go to the. I. I go to the meeting files where it has a little paper clip has shows absolutely nothing. It's all grayed out. Then I go over to the meeting overview, which is, you know, numbers one through ten or whatever it is and shows the public hearings and things. And I can tap on staff reports or redetachments on, on for the last two weeks. Now I tap on it and it comes up all gray. So there's absolutely no way that I've been able to access your agenda tonight. I'd like somebody to fix that. It's not my phone. And I've turned it off and and done all that. But it happened last week too. So that's kind of why I didn't speak last week. But I need somebody to look into that. And I did leave a message with Sarah on her recording. She's not there until Wednesday, I guess. And then so I need somebody to look into that. I want to mention that Vancouver, when when Pro Tem mayor was warning everybody about how to speak and that they only get three minutes of stuff, I'm thinking, wow, she's talking to me and mellow because nobody else is there. So I kind of find that a little bit humorous. We've been through quite a bit of a war zone, haven't we, as far as food waste, you know, I don't hear anybody talking about how clean or dirty our food is, not only through the water that we're that's polluted with PFAs, fluoride, people's whatever else they take as far as medications. So food has become almost poisonous. And I think you need to educate the people on that. You know, if you really cared, and I'm sure you'd like to think you do, that's for sure. So yeah, food waste is a big deal. >> All right. That's the end of your three minutes. We have no other cards for testimony on the community communication portion of this meeting. So we'll move on to our consent agenda. Counselors, do you want to pull any items from the consent agenda tonight? We have items one through ten. Okay. Then I'll look for a motion. Motion by Councilor Hanson. >> Second Perez. >> Second by Perez. All in favor? >> Aye, aye. >> Any opposed? All right. Motion passes. All right. Next up, we have public hearings and our first public hearing is item 11. It's the 2025 HUD Consolidated Annual Performance and Evaluation report. They'll be using the acronym caper quite a bit in this presentation. We'll start with the staff summary. If you could introduce yourself to staff. >> Hello. >> I am Tasha Slater. I'm senior housing planner with Economic Prosperity and Housing, and I will be going over the 2025 HUD Consolidated Annual Performance and Evaluation report, also known as the caper. The slides aren't. >> Oh, there. >> We go. The overview will be just a review of our HUD process, the 2025 expenditures and outcomes. And then at the end, we'll have discussion and public comment. So every cycle starts with a five year consolidated plan. Right now we're in the 2024 to 2028. And then each of the five years is broken into one year annual action plans that go from July 1st to June 30th. And then the report, the caper is kind of ties up the end of the year. So today I'm reporting on the 2025 caper, which will be the second year of the consolidated plan that went from July 1st, 2025 to June 30th, 2026. Our five year plan goals are broken into four main categories affordable housing, economic opportunity, stability and poverty reduction, and neighborhood livability. Okay, so our first is Cdbg expenditures Community Development Block grant. We broke it up into the different activities home economic opportunity, homeowner rehab, which is our city rehab program, housing services, which is in partnership with our tenant based rental assistance. HUD allows a 15% cap or has a 15% cap on public services. So we did that. And then section 108 is a payment for our loan for the fourth plane Commons. Those activities with admin went to a little over 1.6 million. And then our home expenditures are for home buyer assistance and our tenant based rental assistance program. I also included our home ARP services. Home ARP was awarded or American Rescue Plan was awarded $2.5 million, but it is tied to our 2021 plan. We were given until 2030 to spend out, and in 2025 we spent 213,000. So a little over $1 million spent with home funds. Okay. That first category, affordable housing we spent or we served five, we rehabbed five homes using our city program. That number is a little bit smaller than it is in typical years, and that's because we received Arpa funding. And so our rehab team spent half the year rehabbing mobile homes in the fourth plan area. And just because that's a different funding source, it's not included in this report. But I did want to highlight that. And next year, we expect our number to go back to what it's been in normal years. And then 32 households were served with rental assistance, and then 12 homeowners became first time home buyers. And I have a story from Evergreen Habitat for humanity's program. So Evergreen Habitat for humanity builds new affordable homes and partners with local developers and the Vancouver Housing Authority to take existing homes, rehab them, and sell them using home down payment assistance funds. One of the households that received the down payment assistance was a veteran who receives VA benefits. She also picks up several shifts per month as a youth care specialist at a local nonprofit, in order to save money and give back to our community. Through this program, she was able to purchase a rehabbed home on her relatively fixed income. The next category is economic opportunity. In 2025, 240 businesses were Microenterprise businesses were assisted. I also have a story of a local child care provider who recently opened a licensed family home, the homeowner or the owners were new parents and had a background as an educator in Cuba, and they wanted to find safe, reliable childcare and took this as an opportunity to maybe open their own child care business. So they worked with Hispanic Metropolitan Chamber and Self and received support with Business Planning, registering their LLC, navigating business licensing requirements and developing their marketing strategy and online presence. The path to opening their business was not easy, and they faced some obstacles from finding a home that could meet child care, licensing requirements and navigating a lengthy licensing process. In August 2026, Little Prince Academy became fully licensed and is now offering high quality care to local families. Okay, and finally, is our housing stability and poverty reduction. We serve 246 people, 109 of those were through Community Mediation Services, Landlord Mediation Assistance Program, and 137 people were through the Dynamic Diversion Program with Council for the homeless. I also have a story with Council for the Homeless Dynamic Diversion Program. They were working with a client that had steady employment but was laid off after ten years of service. He did his best to keep up with expenses, but without income, his situation worsened. He was eventually forced to move out of his home and live in his vehicle, and after a year, his car was repossessed and he began living in a tent near the freeway. Despite these challenges, the client maintained employment while living in the tent. After several months, he felt ready to explore housing options again. He contacted council for the homeless hotline and was referred to dynamic diversion for support. After weeks of navigation and small financial assistance for moving costs, he was able to secure a studio apartment that fit his budget and provided long term stability. And then again, we have the hallmark outcomes. They're important to note, even though they're part of the 2021 action plan. I just wanted to show that Council for the Homelessness Coordinated Outreach Program served 64 households in partnership with our safe state communities. Thank you. >> All right. Thank you. All right. So what we will first is does Council have any questions for Tasha? All right. Then we'll open the public hearing portion and we can bring it back for other questions and discussion. We have signed up for public hearing. Carmen. Carmen, you have three minutes. >> Yeah. Hey, thanks. It's me, Carmen Molodih Lehan again. And I read through this thing, too. And maybe I'm not so easily impressed because according to their own. Expenditures account, we're looking at, I don't know, a million, a million and a half ish, 1.67 million, you know, and they helped a total of, what was it, 246 people, really? And you're going to give them more money really? Because according to this, obviously they helped 12 people. That's one a month, one a month with habitat for humanity, which I've discussed before that that should have been burnt out and used a long time ago, but they use it a whopping once a month for a year, and they're getting paid in the millions. AM I the only one delusional here? And what does it say? Re homeownership, rehab, housing services, whatever. I don't really care what it says. As for all of that, individually, I just get worried because the administration fees is 2.200 000 and almost 40, almost almost a quarter million on administration fees. But yet the housing rental assistance was 400 000. So you're pretty much paying more in administration fees than actually housing people, helping them with rental insurance and payments and all of this. So I do have a problem with this. Let me see. Where's the rest of it? Yeah, let's see 250 people. Oh, and then she said about the child care and does that count. Can I talk about child care? >> You can talk about anything. That's part of this particular public. >> Okay. Because she said about child care on this. And from a personal point of view, I found it much better to stay at home and raise my own child than pay just to work, to have somebody else raise my child and make them all kind of confused. I did it myself. So, I mean, it's great that you want to provide child services, but it should be free because if you're going to give your child's brain up to somebody else and you're actually going to pay for it, it doesn't make any sense because I've lived in countries where I've seen mothers with their children digging out of the garbage to get their dinner. There's mom and her kids digging through the garbage trying to find their food. And the sad part is, I used to think that was in Guatemala. But now I come to United States and I see people digging out of the McDonald's garbage is looking for those tossed out, half a hamburger, half a cheeseburger to eat. We're becoming this close to a third world country if we're not already there. So we're demoting ourselves from a first world nation to a third world nation. Take it from somebody who lived overseas various times. I used to kiss the ground when I came to United States. I said, that's never going to happen here. And what do I have? Tent city. >> All right. Our next public hearing testimony is Kimberly. Is she online for this one? All right. Three minutes. Kimberly. >> Please unmute your mic if you'd like to speak. >> Oh, sorry. God. Good evening again, Kimberly. Well, to make the storm even worse, caller was calling in. So I, you know, end call, hold call, no God. And then it wouldn't go away. So anyway, it was my locksmith, you know, and I brought it up to before and did bring it up. I, I just hope that the public listens to this because millions of hard earned tax dollars have gone into housing, mostly to administrative. And I think this last six years has been a total rip off. We want to make sure I heard Build America, Buy America Act. I'm hoping that that's actually happening, that we're not being a sanctuary city and don't really care about the constitutional rights of America and this and that, that you might go outside of America. Some people hate America, don't they? But there are strict federal compliance rules. So I, I just basically have been wanting people to wake up and audit. I think that Vancouver, I think all of Clark County. And that's all I really care about right now, you know, is Clark County that they get audited. And we're going to find out a lot of stuff, especially because we are a sanctuary county. Also, it just when we vote people in, we want to trust that they're following the Constitution and the will of the people. And we. And recognize that we are a nation under God. And when rogue states or counties or cities. >> Kimberly, are you are you going to speak about the consolidated annual Performance and evaluation report? >> Yeah, I am, I'm getting off a little bit there. Yeah, I, I think I'll just stick with the fact that they're spending too much money on administration. And so let's, let's cut some of that out. In fact, you're wanting people to prepare to not have cars. People don't know that. But there's going to be zero emissions in Vancouver. Right. Or all these sanctuary cities. But why don't you guys prepare to not have a paycheck or have such a huge government? Let's cut down on the government costs. Thank you. And God bless. >> All right. That concludes our public hearing. We have no other cards on file for this particular item. So we'll bring it back to council for any discussion or further questions. None from this side. >> Move to approve. >> I hear a motion to approve from Council Member Hansen. Do I have a second, second, second from Councilor Paulson? All in favor? >> Aye. >> Any opposed? >> We need to do a roll call. >> Unanimous. Oh, we need a roll call. Vote. Sorry. All right. >> Council member Harless. I Council member Perez I Fox. I Paulsen. I Stover I Hansen I. >> All right, the motion passes. That concludes this public this item on our agenda. We're going to move to item number 12. And item 12 is an appeal of the hearing examiner's approval of Swift Terrace infill subdivision. PRJ169657 LUP 85734. And it's a resolution denying Jonathan McLaughlin, Joshua Grant, Kevin Devine, Timothy Sherburn, Laura Sherburn and Jason Vosburgh who are all the appellants. An appeal of the hearing examiner's decision, granting approval of a preliminary plat to HNDC LLC for an 18 lot subdivision to be located at 2410 North East 54th Street. And with that read into, I guess, the record, the title. I will be recusing myself from this item on the agenda as I am related to one of the appellants. >> Mayor Pro tem will be recusing. >> As well. >> So we have two members of council recusing themselves, and so I will ask that Councilor Stober conduct the hearing. >> And you have two folks testifying. Okay. >> Good evening. So as background as to how I come to be sitting here, first of all, as council policy number 100-32, it states that if the mayor and Mayor pro tem are absent, the most senior member in attendance at the meeting shall act in the capacity as leader of the meeting. So that would be me. Secondly, the city charter states that a majority of council constitutes a quorum. And so therefore, with four members in attendance, we still have a quorum for this. Continuing on. The purpose of this closed. Did we already did she already read all that section? Okay, good. The purpose of this closed record appeal hearing, which is now open, is to consider the appellant's appeal and decide whether to either deny the appeal and uphold the hearings. Examiner's final order granting approval of the land use application, or grant the appeal and overturn the hearing examiner's final order, which would result in denial of the land use application. As this is a quasi judicial appeal hearing, with the council deciding the outcome of a specific application, it implicates the appearance, appearance of fairness. Doctrine of chapter 42.36 of the Revised Code of Washington, requiring disclosure of any communications by Council members about the merits of the proposal with proponents or opponents of the application outside of an open public meeting. Therefore, I will ask that our City Attorney facilitate the appearance of fairness inquiry required to ensure public disclosure. City attorney, will you please lead us through this process? >> Yes. Thank you, Council member Stober. As Council Member Stober has introduced, you are conducting a closed record appeal hearing for the purpose of taking final action on a land use application submitted to the City of Vancouver. Based on the public record presented at this hearing, including the application, the Hearing Examiner's final order, appellant and the applicant testimony and the information included in your Council materials, you will rely on criteria set forth in Vancouver Municipal Code to decide whether to uphold the hearing examiner's final order and deny the appeal or grant the appeal and overturn the hearing examiner's order. Because this appeal will determine the legal rights, duties and privileges of specific parties. Review of this matter these matters is deemed to be a quasi judicial action. This means that for purposes of this closed record appeal hearing, Council is acting more like a judge deciding a case than a legislative body directing policy. Quasi judicial actions give rise to the appearance of Fairness doctrine set forth in chapter 42.36 of the Revised Code of Washington and Council Policy. 139 The Appearance of Fairness, Doctrine and Council Policy 139 require Council Members to give consideration as to whether or not you have a demonstrated bias or prejudice for or against any party to the proceeding. A direct or indirect monetary interest in the outcome of the proceedings. A prejudgment of the issue prior to hearing the facts on the record or ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing, and disclose any ex parte contact with any proponent or opponent of the proposal, not otherwise publicly disclosed. In response to the required disclosure of ex parte contact and in advance of tonight's hearing, the city records manager conducted a public records search for emails sent or received from any current City Council member between January 22nd, 2026 through September 14th, 2026, containing the following words Swift terrace, infill, subdivision, Swifts terrace, infill subdivision HNWDCLLC Haven Northwest LLC, Lake Mahlum 2410. North East 54th Street PRJ-169. Excuse me, PRJ-169657. LUP-85734AKS. Engineering and Forestry Tax, lot 14888 2000. Tax lot 148921000. Tax. Lot 148924000. Jonathan D McLaughlin. Joshua Ford Grant, Kevin P Devine, Timothy Sherburn, Laura Sherburn, Jason Vosburg my office conducted a review of those search results and did not identify any council communication, not otherwise already publicly disclosed. However, recognizing that the public records search does not capture verbal communications or written communication, not on public devices, I will give each council member an opportunity to respond individually to this query. Have you engaged in any ex parte communications with either proponents or opponents of the application? That is, any communication on the proposal outside of prior council workshops or meetings? Not otherwise publicly disclosed. Since the land use application was submitted to the city. If any of you respond affirmatively, please also state the substance of any such communications for the record, so that interested parties have an opportunity to comment on the information now publicly disclosed during the public hearing. Finally, if any council member answers yes to the above appearance of fairness inquiry resulting in disclosure of additional information relevant to the hearing, the applicant and public in attendance at the hearing will be asked if they wish to challenge participation by that Council member with the statutory restriction. That disqualification cannot result in a loss of quorum and remove council's ability to take final action on this matter. Any challenge must state the reason for the disqualification request, and the council member, subject to the challenge, will be given an opportunity to recuse themselves from participation in the hearing. I now pose the appearance of fairness query to each of you. Do you have one? A demonstrated bias or prejudice for or against any party to the proceedings, or a direct or indirect monetary interest in the outcome of the proceedings, or a prejudgment of the issue prior to hearing the facts on the record? Or have you engaged in any ex parte communication with any proponent or opponent of the application? Since the land use application was submitted to the city? Council member, Stauber. >> No, no to all the above. >> Council member Perez. >> No. >> Council member Paulsen. >> No. >> Council member Harless. >> No. >> Thank you Council. That completes our examination and I'll pass it back to you, Council Member Stauber, for conducting the hearing. Thank you all. >> Thank you very much. City Attorney Cook. I now invite staff to present their staff report summarizing the background information and recommendations on the matter under consideration. >> Hello, my name is Crystal Sanchez. I'm a planner with the Community Development Department. I have some background history on this project. The applicant submitted an application for an 18 lot subdivision within the R nine zoning on January 22nd. It was deemed fully complete on March 27th, a public hearing before the hearing examiner was held on June 16th, the hearing examiner issued a decision of approval. On July 15th. >> An appeal was submitted on July 24th when an appeal is submitted on a type three application. It requires a closed record appeal hearing before the City Council. This slide shows the location of the subject property at 2410 North East 54th Street. The site is approximately 2.3 acres and is currently undeveloped. The site does have steep slopes, which is designated as a critical area under the Vancouver Municipal Code. The applicant was required to submit a geotechnical and critical areas report to address the steep slopes. The staff found proposal complies with applicable critical area requirements as conditions in the staff report. The site. The site is shown with the R-9 Zoning District with R-9 zoning immediately to the north, south and east and to the south west. There is a lot zoned park. This image reflects the zoning and effect. When the application was vested. This slide shows the preliminary plot. The proposal would create 18 single family detached residential lots. Primary access is provided from a new private street private road that will be extending from north east 54th Street. The proposal also includes public utilities, stormwater facilities and other infrastructure necessary to serve the development. The preliminary subdivision is evaluated under a separate set of criteria focused on whether adequate provisions have been made for public facilities and services, including streets, utilities, stormwater infrastructure and emergency access. Staff also reviewed the proposal for compliance with the city's development standards, including lot layout, access, easements, narrow lot and infill development standards. This slide shows a summary of the appellants concerns regarding bullet number one. The application was reviewed under infill Development standards in title 20. Infill development allows for smaller lots and single family attached development in the R-9 zone. The application regarding number two. The application was deemed fully complete in March of this year, so this application is vested under the previous Comprehensive Plan and Zoning Code. The application was not reviewed under New Comp Plan or the zoning code that went into effect on July 31st this year. Regarding the third bullet point, staff reviewed the proposal against the applicable Critical area requirements and found that it can meet the requirements as conditioned in the staff report. Per the geotechnical report, the engineer recommended recommended that the review and that he review the finalized grading plan to verify that his recommendations were being met, and whether further analysis would be needed. As such, city staff conditioned that this occurred prior to any construction permits would be approved. And regarding bullet point number four, subdivisions are required to comply with the CW. The applicant demonstrated compliance by providing a letter from the Vancouver Public School District, which identifies. The students will be bussed and the designated bus stops they would utilize and for staff recommends denial of this appeal. Upholding the decision made by the hearings examiner. >> Thank you to staff. I will now open the testimony and we will start with the appellant. The the appellant will decide how the how they will split their 15 minutes of testimony. Please join us. Yes. >> Good evening. Mark Erickson, attorney at law, appearing for the applicants to the appellants. And I represent John McLaughlin, Joshua Grant, Kevin Devine, Timothy and Laura Sherbeck and Jason Rossberg, all of whom own residences within the neighborhood. My clients recommend proposal be denied for the following reasons, and I'll go very briefly on this substantive due process. Neighborhood character. The final decision and the authorizing ordinance M 4517 and the resulting. Chapter 2920VMC deprive the appellants of substantive due process by allowing single family attached residences known as infill development in existing single family detached neighborhoods. I won't go into all of substantive due process because you don't actually have jurisdiction to rule on constitutional issues, but governments, local governments have the ability to change their behavior to avoid constitutional constitutional violations. I would note that prior cases such as Duckworth B City of Bonney Lake held that the city of. The general purpose of zoning is to stabilize uses, conserve property values, preserve neighborhood characters, and promote orderly growth. There are a litany of cases. That support the preserving neighborhood characters, but again, I would rather move forward and perhaps come back to that. Regarding violations of the code as to procedural due process and vesting, the final decision erred in reviewing the proposal, determined to be fully complete on March 27th, 2026, under a comprehensive plan not then effective in clear violation of vesting requirements provided in the Municipal code. Now here we're talking about VMC 2154OF, which says that an application determined by review authority to be an application determined by the review authority to be fully complete, is vested under regulations in effect at the time of such determination, regardless of subsequent changes to the development regulations. So at the time, this was vested, the 2011 to 2030 Comprehensive Plan was in effect, and it was in effect at the examiner hearing that that plan provides the following housing policy, which was violated by the final order. Encourage innovative housing policies that provide for affordable housing and maintain neighborhood character. Here we're putting tiny little single family detached homes look just like townhouses in amongst single family detached homes on normal sized lots. The lot size was a minimum of 5000ft under the prior code. Before adoption of this violating infill ordinance. I'm also looking at procedural due process, concurrent decision making. The final decision violated VMC 2741 30 by failing to require compliance as part of the application. That section provides that development in non-disturbance areas shall be prohibited in other areas, developable in landslide and erosion hazard areas and their buffers shall be prohibited, except where the applicant has demonstrated compliance with the following standards or requirements. This would be sub D drainage pattern shall not be altered such that the potential for damage or risk to the proposed project, geological hazard area or other critical areas or buffers is increased and a road through or across a landslide or bank erosion hazard shall not be steeper than 15% grade. The geotechnical report admits that slope stability is incomplete. All of the slopes are oversteepened and will likely need to be addressed during the site grading and construction. That's the true North Geodetic geotechnical report at page 15. Notwithstanding that the site is dominated by landslide and erosion hazardous areas, the city has proposed conditions of approval which postpone analysis and decision as follows. Prior to civil plan approval, provide an updated Critical areas and geotechnical report. Once geotechnical consultant has been able to review updated grading plans to verify conformance with recommendations and can determine whether a quantitative slope stability analysis is required prior to final grading. A final summary report by the Geotechnical Engineer of Record shall be prepared and submitted to the City of Vancouver that states that the project soils are prepared in accordance with the governing geotechnical report, construction documents and provide a current report with lot specific conditions and compaction test results by final grading final order at 62 and 64. The foregoing requirements effectively exclude the appellants from final review process. There's a case that's come down in 2011. Knight v City of Yelm, which held that a local decision making body cannot conditionally approve a preliminary plat and then disapprove a final plat application for a project that conforms to the conditions of the preliminary approval. But that's what they did. They approved a preliminary plat that hadn't been reviewed for those engineering conditions. The failure to challenge environmental issues at the preliminary plat stage could result in decisions by the local Land use authority that have a binding impact on interested parties without their consent or participation. If the decision by the City Council forecloses further review of the city's evidence of adequate water supply in Knight v Elm, then it has denied Knight any opportunity to challenge the evidence and the potential threat to her water rights. Knight was entitled to clarification of the city council's decision and an opportunity to challenge the city's evidence of water provisions before final plat approval. That's not here. We don't have that. If we had just let this go, that would have been done without our review. In the present case, the final order violated the Subdivision Act, cited in Knight V Elm, which provides in sub two. A proposed division and dedication shall not be approved unless the city, town or county legislative body makes written findings that appropriate provisions are made for the public health, safety, general welfare and for such open spaces, drainage ways, streets, roads, alleys and other public ways. Transit stops and other planning features that assure safe walking conditions for students who only walk to and from school. Well, on this record, that's 58, 17, 110. Sub two correspondence dated May 15th, 2026 from Gary Yarn, Facilities Planning Analyst. Vancouver Public Schools concludes that the bus stop for Minnehaha and Jason Lee students is currently located at northeast 23rd Avenue and 54th Street. The bus stop for Hudson Bay students is currently located at 2800 North East 54th Street. These are precisely the unsafe conditions lacking curb, gutter and sidewalk, which expressly violate 58, 17, one, ten, one and two. No curbs or gutters exist on either side of northwest 54th Street. You can find that in the land use narrative at four. Now the respondent seeks what it terms a minor road modification, but again, no curbs or sidewalks are on either side of the street. The Vancouver Municipal Code allows or provides. In order for a modification to be considered a minor deviation, the modification proposal shall meet all of the following and two of them it cannot meet one B is does not involve safety or Off-Site impacts. One D does not involve the broad public interest. That's VMC 1181 60 B one. The present proposal does involve safety and Off-Site impacts because many. Elementary school is located to the east of the proposal, with northern frontage on North east 54th Street. Children from the neighborhood face high safety risks. Walking to school to and from school without curbs, sidewalks and other frontage improvements. Moreover, there's a broad public safety interest in the safety of all PED pedestrians on the city roads. Hence the proposed modification to North east 54th Street curbs, sidewalks and other frontage is actually a major modification because. And this is 118160B3C potential exists for material material impacts to public safety. G the proposed modification modification can be expected to generate considerable public interest, and H approval of the proposal may have public policy implications. The respondent has not submitted sufficient application material for a major modification, and this request must be denied. And then finally. I'm looking at procedural due process for record maintenance and access. The Revised Code of Washington requires that agencies maintain and provide public access to subdivision application records, a record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection. 5817 100 similar requirements are contained in the Vancouver Municipal Code. The record shall consist of testimony and deliberation at the original hearing, as recorded by audio, visual tape or transcript certified, an accurate, complete and any other materials submitted into the record and the final order being appealed. That's VMC 2020 ten 2210 130C3B to the appellants. Knowledge materials submitted into the record have never been organized into exhibits nor paginated by the city staff. For the purposes of reference and citation by the public, which deprived the appellants and other members of the public procedural due process. In an attempt to participate in reviewing the proposal. Keep in mind when I say due process and then I cite you a local ordinance. It's like a local ordinance that you're violating and that you can reverse based on. You don't have to use the words due process at all. The appellants pray for reversal of the final order and for denial of swifts infill subdivision. Now, if there's any time left, I would like to mention briefly. I think I would. Know I might have covered it all. Oh. No, I covered that. Any questions? >> We'll take questions after we hear from the applicant. Thank you. >> Is there any time left? Oh right there. >> You just we just restarted. You were about four minutes and 30s. >> Yeah. Got it. Oh, four minutes and 30s left. >> Four minutes and 30s. If you'd like to take the remaining time, we can reset the clock to 430. >> Now we've got nothing else. >> Okay. Thank you very much for your testimony. I now invite up the applicant and they as well will have 15 minutes to present their testimony. Thank you. >> Thank you, Council members. My name is Michael Andreotti, land use planner with ACS engineering, Engineering and Forestry representing the applicant in this case. First I'll speak to the vesting. It's very clear in the staff report and the decision that this project was reviewed correctly under the vested code. It was reviewed under the Comprehensive Plan designation of Uhl, the zoning designation of R nine and under the Infill Development Code, which no longer exist under the current comp Plan and zoning code that was adopted and enacted on July 31st. This shows that it was clearly reviewed under the correct code and Comp plan. Represent or referring to neighborhood character. The section of the comp plan referenced is innovative zoning while protecting neighborhood character, and the infill development code was in place since at least 2004 in Vancouver's code, which means that council and staff felt that it met that requirement of the comp plan to be innovative for innovative zoning, for providing housing and protecting neighborhood character. The homes that will be constructed will be three attached units for each building, which are similar in size to what a typical single family detached home would be. So they will fit fairly well into the existing homes that have been developed and not look like an apartment building in the middle of a bunch of single family homes. And this application falls into a unique place where there was a change in the development code that was fairly significant. And if this project were to be developed under the new code, if it were to be denied, it would be required by the new code to put in almost double the number of units that are there now, and it would be allowed a maximum building height of 75ft and would be allowed through multifamily development. So in protecting the neighborhood character, keeping the project as approved is more protective of the neighborhood character than if it were to be developed under the new code. Regarding the critical areas, specifically the geotechnical report and the steep slopes, geotechnical reports must be prepared early on in the application process to provide recommendations for the engineer to design the project. If they don't have those recommendations, they can't safely design the project, and that is why staff put a condition on the project that the geotechnical engineer then review the final design prior to any final approval, and allowing any construction to move forward so that they can ensure that their recommendations were followed and the design is safe. They were also conditioned that the geotechnical engineer review the site during construction to ensure that it's constructed based on their recommendations and the engineer's design to ensure that it's constructed safely and will not be harmful to the neighboring properties. This follows the general industry process, as the geotechnical engineer can't review anything that doesn't exist yet, and then also, it should be noted that the site has been designed to maintain current drainage patterns. Currently, it drains generally to the stormwater facility. That's the regional storm facility to the southwest of the site. That is where the stormwater will continue to drain following the construction of this project, no roads were are proposed. Over 15%, and even though the GIS mapping shows a large portion of the site within a landslide area, the site investigation determined that that wasn't the case, that it's only a portion of the site where the Oversteepened slopes exist along the boundary of the site, so the entirety of the site, once investigated, is not in a landslide hazard area, and the road itself being constructed is not within a landslide hazard area. Regarding the safe routes to schools, as noted, the Vancouver School District provided a letter noting that children from this area are bused, and that is because they've determined it's not safe for them to walk. And the safe walking route is for children to only walk to school. That's why the city decided to bus. And they've also noted in that same letter that they provided that they will reevaluate the existing bus stop once this is constructed, to ensure that that bus stop is a safe bus stop, and they do that annually as well. Regarding the road modification, the site only has 60ft of frontage, and the road modifications do not construct sidewalk along that 60ft of frontage. Since the majority of the frontage is taken up by the intersection construction that will occur, there would only be very short segments of sidewalk that could be constructed, and they would have nothing to connect to, as the majority of the surrounding neighborhood does not have sidewalk. Additionally, having to construct sidewalk from the site to the school or within the surrounding neighborhood would be disproportionate to the project as the cost to obtain additional right of way that would be necessary to construct the sidewalks and complete the grading on neighboring parcels. Private property due to the steep slopes would not allow for a proportionate construction cost. Of those, those improvements to the development of 18 lots. In regards to the record, the staff report was available online and sent to the parties of record. There's an exhibit list in that staff report, and all the exhibits follow that exhibit list, and they are labeled at the beginning of each exhibit with which exhibit. They are the only two exhibits that weren't specifically in there were the Stormwater Report and Geotechnical report, and as noted in the staff report, they were too large and but were available to be requested from staff. Nothing further. Thank you. >> Thank you very much. That concludes our testimony of the applicant and the appellant Council. This is now your opportunity to discuss the merits and appeal. The. Do. >> We do have two people signed up for public testimony. >> I didn't see that indicated. I mean, I didn't see it in the script. And so. Take a step back for a second. >> This actually relates directly to that. And I'm going to point you to the VMC. 2210 130C3B which says arguments for quasi judicial appeal hearings are limited to the appellant, the applicant and city staff. >> Okay, there we go. So Mr. Lehan, and I'm guessing. Miss Elbon, this is not a measure that you are able to speak to, so I apologize. Okay, so that concludes our testimony. Council. Now is your opportunity to discuss the merits of the appeal and ask any follow up questions you may have of city staff or any of the parties still on the line. Members of council. Okay. So Council, the question posed to you based on Vancouver Municipal Code sections 20.3 20 .040 20 .920.050 and 20.927 .030 is whether one you agree with the recommendation to approve the resolution. Denying the appellant's appeal of the hearing examiner's decision. Granting approval of the Land Use application or two. Instead, disagree with the recommendation to approve the resolution denying the applicant's appeal of the hearing examiner's decision. Granting approval of the land use application. So one, you agree with the application that's been submitted, or two, you disagree with the determination of the hearings examiner's. Report based on council's consideration, the information on Record Council must make a final decision on the appeal tonight by voting on a motion to either one approve the resolution as presented. Upholding the hearings, examiner's final order and denying the appeal or two. Grant the appeal and overturn the hearing examiner's final order, which permitted the proposed Infill Development Council. I will entertain a motion. >> Councilor Perez I move to approve the resolution. >> To agree with the the recommendation to approve the. >> The resolution and deny the appeal. >> Okay. Thank you for the clarification. So motion by Council Member Perez. Is there a second? >> Second Harless. >> Second by Council Member Harless. Are there any further comments or questions? Yes. Councilmember Paulson. >> Thank you. Councilor. Councilor Paulson here. This hasn't been explicitly stated this evening in layman's terms. And so I think it's important that it be laid out this way before we take a final vote. We're not making a decision tonight on whether the zoning decision should or shouldn't have been made or, you know, anything of that ilk. Sometimes things come before us and we're making those kinds of decisions. The decision that we're making tonight really is just whether or not the hearings examiner made an error in applying the criteria that they applied in denying the the appeal. And so, as I've listened to the testimony this evening, I've been listening for indications that an error has been made, and I've heard none. And so I'll be supporting the motion and voting to deny the appeal and approve the subdivision. So thank you. >> Any additional comments? Questions. Okay. Seeing none. Council Assistant Tony, will you please call the roll? >> Council member Paulson. >> Aye. >> Council member. Sawyer. >> Aye. >> Council member. Harless. I. Council member. >> Perez I. >> Councils. That concludes the. The. The quasi judicial hearing. And the motion is passed. So the matter is now closed. And we will call our colleagues back in. Thank you very much. >> Okay. Thank you. >> All right. Just give me a second to log back in. >> I went dark. Okay. >> We are ready then to go on to item 13. Item 13 is another public hearing. It's an amendment to Vancouver Municipal Code 8.22 establishing a camping and outside habitation impact area around the City of Vancouver Bridge shelter. All right. And I will read the title into the record. It reads an ordinance of the City of Vancouver amending Vancouver Municipal Code, chapter 8.22 to prohibit camping and outside habitation within 1500ft of the City of Vancouver Bridge shelter property amending Vancouver Municipal Code 8.22030 definitions and VMC 8.22040 unlawful camping and outside habitation. Providing for severability and setting an effective date. All right. We have staff. Would you like to provide a summary? >> Jamie Dillon okay, it is still on. So this is just continuation of last week, which kind of talks about how we we set a buffer, a no camping buffer around all of our city shelters. This one is to establish, number one, the definition of a bridge shelter, because we don't have that in our VMC yet. That will be opening soon. So we needed to add it and then sets the buffer around that facility at 1500ft, because it's a larger facility versus the smaller facilities that get 1000 foot. That's pretty much it. All right. But I'm happy to answer any questions. >> Do we have any initial questions for staff? Okay. Seeing none, we'll open the public hearing. We have Carmen. She's in the audience. She gets to go first. You have three minutes, Carmen. >> Yeah, well, I just got to say, I kind of agree with it because, you know, they're going to be camping everywhere. And if anything, they should do something about the people who don't want to leave the the railyards because they want to live by the railroad so that they can have their free travel, you know, but I guess that's allowed because you want to do the shelter and have a 1000 foot whatever so that they can't camp, but that means they're going to camp everywhere else. And really, we should be allowed to camp because to me, it's kind of like freedom of speech. I mean, I should be allowed to fall asleep at the park without fear of being arrested, you know? But when you have this situation, I can't help but say, yeah, go ahead, let them have their way because some people don't want to be helped. They don't want to clean up and they don't want to, you know, pack up the tent and be sober and go be right. They have to be pushed into it. And if they got to be pushed, then push them. So that's all I'm saying. I really didn't prepare for this because I didn't really see it. But yeah, go for it. You know, I just don't think that everybody's going to like it. >> All right. Thank you for your testimony. We'll go to online. Do we have Miss Elbon? >> I'm sorry, the locksmith is still here and I, I have no comment, but God bless you and God bless those that do not have the love of money. >> Thank you. >> All right. We don't have any other cards for this item on the agenda tonight. So I'll close the public hearing and I'll return it back to council. >> Move to approve. >> All right. We have a motion to approve by Counselor Paulson. Do we have a second? >> Second by Stober. >> All right. All in favor. >> We need to do a roll call vote. >> Oh, I keep forgetting. So sorry. All right. I should just follow the script that's in front of me. All right. Could you do a roll call? >> Vote Council member Harless. I Perez. I Fox. I Paulson. I Stauber. I Hanson. >> I. >> Present. >> All right. We have a unanimous vote. This item has is been approved. Thank you. >> Thank you. >> All right. We will move on to item 14. This is the supplemental budget ordinance related to Clark County Fire District number five. It's an amended agreement, and it is an ordinance relating to the 2020 526 biennial budget and making a supplemental appropriation to account for revenue in excess of initial budget projections and to make certain necessary expenditures to be incurred in 2020 526 that were not and could not reasonably have been foreseen at the time of adoption. Of the 2025 2026 budget, declaring an emergency and providing for an immediate effective date. All right. We it looks like Miss Shipley is there for a staff summary. >> Yes. Good evening, Mayor Pro Tem and council members. Katie Shipley Chief Financial Officer Today we have a second reading and public hearing for a supplemental budget ordinance related to the amended Fire Services Agreement with Fire District five that was passed last week. In terms of agenda will quickly go through. Do you think. >> You could move your mic closer to your. >> Absolutely, yeah. Is that better? >> Yes. >> Okay. In terms of agenda, I'll provide some brief background on the purpose of the ordinance. Go over the scope of the ordinance. Touch on the changes in the expenditures by fund and the related position changes, and then open up for discussion. So the purpose of this ordinance is to make supplemental appropriations during the current fiscal year that could not have reasonably been foreseen at the time of adoption. Anytime the city increases appropriation or staffing levels, obviously council approval is going to be required, and this is what we would consider a special supplemental, and that we're bringing this forward for a very specific reason related to the Fire district five amended agreement, rather than a city wide supplemental that where we'd be kind of making more broad based changes across multiple funds. And as you know, last council session, the council passed the amended fire service agreement with Fire District five. The terms of that amended agreement specified that fire the fire department would move forward with the hiring of seven support positions during the fourth quarter of 2026. And so the purpose of this ordinance is really just to align the budget with that amended agreement and receive council authorization to adjust the total appropriation for the remainder of the year, update the FTE and salary schedules to account for those new limited duration positions being added in this fiscal year. So Fire District five has agreed to support 100% of the actual position costs for those seven limited duration positions beginning this year through December 2029. And assuming this ordinance moves for this supplemental, moves forward, $258,408 will be added to the fire fund in fiscal year 2026. To account for these partial year position costs for the remainder of this year. Any funds that are ultimately not needed will not be expended and will not be charged to fire district five. And then lastly here, those seven limited duration positions with the titles shown here are going to be added to the full time equivalent schedule for the fire fund. The positions in blue are also new classifications that are going to be added to the existing salary schedule that we have. So these are relatively minor changes relatively late in the fiscal year. But making these changes now is going to help ensure that the fire department is able to proceed with hiring in the fourth quarter, in alignment with the agreement that was amended with the fire district five. So happy to open it up for discussion or answer any questions. >> All right. >> Does anyone have questions for staff? >> Go ahead. >> Thank you. I was taking a look at the presentation materials from August 24th and comparing it to today's presentation materials, and was wanting to get a better understanding of the costs between whether we call it a chief of staff or a battalion chief, what the benefit to the residents are with either of those and the benefit to our employees. So I just wanted some elaboration because I know we've got the support positions, but we don't talk about the chief of staff or battalion chief. And is that later? Is that or is that in progress? So just wanted to get a little more clarity on that. >> Sure. I can speak to that a little bit. And I think we've got the fire chief here as well. The reason that you're not seeing that as part of this action is because that's been handled with a sort of position that already exists in the fire department budget that's being under-filled. So we're not technically taking any action or adding additional resources that we're going to be receiving from Fire District five as part of the supplemental budget ordinance. That's before you today. But I wonder if we've got John here that maybe wants to talk about the chief of staff position a little bit more detail. >> Good evening, Council members, John. Good evening, Council members, John Drake, Fire chief, Vancouver Fire Department. I would be happy to elaborate on the differences between the chief of staff position and the seven administrative positions supported by Council District five. The Chief of Staff is a Battalion chief designated to be, but which is an underfill from the Deputy Chiefs position that we currently have. So it is actually more cost effective. However, it is not the same model as what you're encountering with district five because it is internal within the city, and there just would require a memorandum of understanding between city manager's office, labor organization, etc. It is a completely different model than district five. They are not financing this. This is a more cost effective model that would support upward mobility and succession planning within the VFD. Okay. >> Thank you. That's why I was wondering why focus on the support positions. But we left out that other position within context of the larger budget. So do we expect to this current budget to cover that in the future, or is are we coming back to request funds for that position? >> I believe the current the budget as allocated in the next biennium will still cover that because this is an under fill. The deputy chief position will be supplanted by the Battalion chief position, which is a less a lesser expense than the deputy chiefs position. >> Okay. All right. Thank you for that clarification. >> Thank you. >> All right. Do we have other questions? >> Move to approve. >> Second. >> Okay. We have a move to approve. And a second, can we have a roll call vote? >> We need to open it up for public hearing. >> Oh, shoot. I was so ready to do it right this time, and I just didn't nail it again. Sorry about that. All right. Carmen is signed up for public testimony on this item. Do you have something? Carmen, you have three minutes. >> Left his light on. So anyways. Yeah. Carmen de Lehan Molodih Lehan I'm talking about. Okay, so she's talking about $250,000 for. Is that for just one position? Wow. Okay. Because I brought you guys a picture this time. And it is for these firefighting robots that cost probably less than their pension plans. So if you want to fight fires, how's about we invest in something that won't cost human lives like robots? And I'll be giving you guys this. I'll be turning it in so you can actually see it. And like I've said in other situations, and I've called it watering the forest to put big old to water the forest to prevent forest fires, because I even think that would be less expensive than funding more people to hire more people to push more paper. When we don't need more paper pushing people, we need firefighting people. And in order to save the firefighting people, we can use robots and we can have instilled, I don't know what you would call them. They just look like the things on the golf field that water all the grass. But this time they're watering the buildings and the forests on a massive industrial scale. We're talking shooting out water 50ft, not ten on your large yard. And that is in you can supply it with water in the forest by hooking up pumps to the streams so that whenever you know, fire comes on, you flick the switch and then you don't have people putting their lives at risk. And that's my, my main issue here is saving lives. So that's why I'm saying that they want to hire more people. Are these people really going to go out and fight the fires, or are they going to stay in there and do administrative stuff the same way? I'm seeing that the administration over there cost $1 million and only helped 250 people. So is this the same situation with the firefighters that they're just going to do a bunch of paperwork? And when it comes down to it, oops, we don't have enough manpower to to fight these fires. But if you have something that can't complain like a robot. And they can't sue you for personal injuries on duty, getting fire burnt, you can for, I don't know, $250,000. That's a lot of money. And I don't know how many you can buy, but I'm telling you, the move of the future is to fight fires with robots, not humans. And you can have fireproof buildings. Like I've said before, hemp bricks can stand 2000 Fahrenheit, which means they're fireproof. So you can have fireproof buildings and you wouldn't even need these guys if you had fireproof buildings. But nobody's listening to me when I say mandate fireproof housing. Everybody wants a cheap stuff made in China goes up like this, like a matchstick. But if you really want to fight fires, make hemp bricks a feasible business here in the northwest to to make fireproof housing and save our firefighters by making buying robots instead of hiring a bunch of people. >> All right. Thank you for those ideas about firefighting. Do we have Miss Elbon available for comment? Okay. >> If you are attending remotely, please unmute your mic. >> Yeah. Good evening again. So I'm kind of in a little emergency. My dog got out. I I'm taking her for her first ride and she jumped out. So here we are. Anyway, God bless our firefighters. Let's not have the love of money. Keep your job. There was a few other things I was going to say, but let's just do things right folks. Use our hard earned tax dollars. We want you to have food on your table too. Let's do it right. By the way, I want to mention that there is a real thing of chemtrails, that the dust goes down on our trees, and that's why they ignite so quickly. Not only the trees, but the bushes around the houses and possibly probably roofs and this and that. So maybe if somebody was there in the fire firefighting position to look into that, I'd greatly appreciate it. And then what you do is you become a patriot and you speak up for the good of the people. Thank you. God bless. God is always good. Amen. >> All right. That we do not have any other cards for testimony for this item. So we'll close the public hearing. Is there any discussion on this item? All right. And we already had a motion. And a second. Can we have a roll call vote? >> Council member Harless I Perez. I Boerke. I Paulsen I Stover. I Hansen. >> I all right. That ordinance passes unanimously. That concludes all of our public hearings for tonight. We're going to move on to communications from the council. Council member Harless Council member. >> Perez none. For me tonight. Thank you. >> Councilor Paulson. >> It's Yom Kippur today. >> Thank you, Councilor Stover. >> I'll pass. >> Counselor Hansen. All right. I will also pass for tonight. We will move on to the city manager. >> Thank you, Mayor Pro Tem, we have two items under my communications for tonight. One was on the printed agenda, and one was an item that came up a little bit later, and we didn't have the chance to add it on there. So it's information only. But the first one would be community forum pre planning. And that's a presentation by by our access director Joy Fowler. The planning for the session next week. And then after that we have William. And we would have I'd ask Dave Perlick to come up at the conclusion of William's presentation to talk to you about an item that we have identified with the administration of the inspire grants for this year, and a potential solution. >> Okay, so we'll start with the forum pre planning and William, go ahead. >> Oh good evening Council and Mayor Pro Tem it's great to be with you this evening. As we have before all of our other forums this year. Joy and I are joining you a week before to kind of talk through the plan, review some of the materials we put together. And just for those joining at home, Joy Fowler, our engagement director, is joining online. I, William Cooley, our community engagement manager, is here in person. Earlier this year, when we met with each of you and kind of sub quorum groups, we talked about different plans for this year and sort of topics that might be of interest to the council. And one topic that was brought up by multiple councilors was a desire to have more connection with young people in the community. And so we're very excited to announce that the topic for this forum is focused on young people. And we'll be talking a little bit more about our partnership that we're using to kind of help us do that. So with that, our agenda, we'll talk a little bit about outcomes. These are the same kind of outcomes and goals that we've set forth at the beginning of the year. We're driving toward across all of our forums. We'll talk a little bit about specific details and the agenda and schedule for this forum next Monday. And we'll also end with discussion. So across our forums this year, we're really seeking to try to increase engagement with the community. This is an opportunity for us to not only listen and learn together, but sort of foster that sense of community for this forum. That's of particular interest, because what we hear from young people, when we engage with them, is often that they feel a sense of community within their school, might feel it within social groups they're part of. But that connection to the broader city is something that kind of grows over time or can be elusive earlier in life. We're also really working to build trust, so providing opportunities for people to be in spaces together so that they, of course hear and see us listening, but also have a chance to listen from each other. That multidirectional exchange has been a really important feature over the years of our community forums. It's something we've tried to emphasize for this forum as well. And lastly, we want to make sure we're gathering community members ideas, their questions, their opinions, some of the young people that we talked to in preparation for this forum spoke to a, an experience that's very common, which is not always feeling like they feel comfortable sharing their story or kind of raising their voice. And we want them to know that when we're there, we're listening, we're gathering those opinions, we're hearing from them. We want to elevate their ideas. This forum next Monday is going to be held from 2 to 330 at Rooted School of Vancouver on Fourth Plain Boulevard. Doors will open at 130. I wanted to note that this is earlier than our normal forums. I think this is the earliest one we've had since we started these a few years ago, and that's been intentional. It's a way for us to include students. When we met with students from the associated student body at Rooted, we asked them, what's the best time during the day? And for them, it's oftentimes earlier in the day, earlier in the afternoon. And that's largely because many of them have commitments in the afternoon as well. So whether that's sports, part time job, helping care for a family member, it's often hard for them to be available sort of in the late afternoon or at dinnertime. And the forum on Monday is going to be the culminating activity of a broader day long leadership day with students. This is similar for those of you who participated in our earlier Civic Minds program. It's an opportunity for students to learn from staff, to connect with the city, to kind of think about potential leadership opportunities or career opportunities. And our activities are going to include a morning coffee with the mayor, which should be really fun. Four different sessions with city staff that students will rotate through, and some time for students to kind of explore careers and those connections to us and local government. I'm excited to announce that in addition to staff from our department, engagement and access, we're also going to be joined by our equitable development planning team from Community Development, our Climate Action team, staff from our Homeless Assistance and Resources team, as well as our HR business partners who are going to lead. Kind of an interesting exercise for students around bargaining and what it looks like to enter into negotiations. So looking at our agenda, doors for the forum will open at 130. The earlier activity, which is focused on the students at the school itself, will go from 9 to 2:00. That 130 to 2:00 time will be a bit of a transition period for students. So we'll open the doors, invite community members if they'd like to join us at 130 and transition to the forum at two. One thing that's a little bit unique about this forum is that rooted as a smaller community, charter school does not have a large gymnasium or as large of a commons area as some other schools. So one thing I just wanted to note was that we're thinking that we have to do our welcome a little bit differently. Instead of having everyone all in one room, we're likely going to be in separate rooms when folks arrive. That's simply because their largest space doesn't accommodate everyone. We're expecting to have probably around 115 to 120 folks, including 100 students there. Also, of course, a mix of community members who might be attending as well. So what we'll do is we'll start the sessions by inviting the students and all of you as councilors and the mayor to give folks a warm welcome. They will have been joining us, obviously, earlier in the day. So some of the student leaders might quickly share a little bit about their experiences. They're also going to have gone through a reflection activity at lunchtime. So they'll be very much kind of prepped and ready for the conversation. From there, we'll have our table facilitators leading conversations, just like we have at our past forums this year, inviting community members and students who are present to take part in the small group discussions. And then lastly, we'll close and end at 330. We don't have to get out of there instantly, but we always want to make sure we're not overstaying our welcome. So what we'll do is we'll encourage folks to make their way out starting around 330, trying to make sure we're out of the building by four. And with that, across conversations, we've typically set clear expectations for community members who are participating in this case because there's students participating, we're also going to be having some of their teachers participate, which is great. So in those conversations, we're going to be reminding everyone, whether our students or community members, is that we want to communicate respectfully. So allowing others in the group to make sure they're speaking. If there's someone who often is kind of quick to raise their hand or jump in, we invite them to make sure everyone else has a chance to share. We also want them to be aware of time. So just like we have for our past forums, we want to encourage folks to speak for about a minute or two so everyone has a chance to share. And of course, stay on topic. We'll look at our our conversation topics or questions in a moment which allow for some flexibility, which was something the students really were interested in. But we want to make sure that we're kind of staying focused on the discussion at hand as best we can. And then lastly, we want to encourage folks to be an active participant. So this is an area where I think for some of the students who are joining us, they're going to be challenging themselves. Their school community and their teachers are going to be encouraging them in that way, saying, hey, this is a time for you to be able to share your ideas directly with the city Council directly with other community members. And with that, we had the opportunity to work with, as I mentioned, the associated student body students to kind of draft some questions. We also had a chance to talk with them about topics that were of interest. And so we try to do is create a series of questions that allow students to participate no matter where they are. So we are going to have freshmen, sophomores, juniors and seniors, some students who are right on that cusp of getting ready to transition from high school, others who have just arrived in high school and are trying to kind of find their way in the school community. And so our questions are first, one is designed to be very much an icebreaker, but the students are interested in talking about their favorite places to go in Vancouver and why they feel that kind of special connection to those places. We also want to invite them to think about life after high school, thinking about their hopes for the future. We're going to ask what issues or topics are most important to them and other students in our community in particular, wanting to understand how those issues are affecting them and other people they know. And that's something the students we already spoke with were very passionate about. They want you all to know, of course, that they're paying attention. They're experiencing life in Vancouver, and they've got a lot to share there. And then lastly, we were curious about what is something in our community that we need that we don't have now. We know our young people bring a particular interesting lens on that. They have, of course, they travel around the region, they have perspectives and experiences, and this is an opportunity for us to think about that a little bit more creatively. And with that, any questions at all? >> All right. Do we have any questions from council seeing none on this side. Okay. Go ahead. Diana. Councilor Perez, sorry. >> Thank you. A couple of thoughts. One, on the the outcome. I think one very important outcome is to share how the city actually benefits from hearing directly from young people and what we intend to do with their input. And looking at the day agenda. That's that's a pretty long day. And did it get the lens of the education instructor to see how long of a day it is, especially ending it with a community forum? And if, if that if we're truly going to get there. Most attention at the end of the day after having been here a full day. So was there some input from education perspective on that? >> Yeah, thank you for asking, councilor. We've been working closely with Doctor Singleton, who's the director executive director there at Rooted, as well as one of their kind of staff leads. And in addition, talking to students, we've talked with them extensively about sort of what should the day look >> Like. And what's great is that we've been able to sort of mirror the normal school day for students. So this won't be a significant departure. And in fact, we're going to have our sessions earlier in the day, kind of around the same time that they would normally transition from period to period or class to class. We're also going to be able to preserve their lunch hour and have some activities for students who are not at lunch. So students are going to go in two different groups to lunch time. But the nice thing is ending at 330 is their normal time for for ending the school day. So we know there might be a little bit of energy, you know, kind of that takes a dip after lunchtime. So we want to try to get students as much as we can, kind of reinvigorated, but hopefully it'll be a very positive way to end the day. >> Okay. On slide number seven, you have draft discussion questions, but then your next statement says identified a range of discussion topics. So there's questions and there's topics. So I'm was a topic really my favorite place to go to in Vancouver. Or is that a question we have for them? >> Yeah, that was one of the things that they were interested in talking about were sort of their favorite spaces and places. I think part of that comes from awareness also at that student group that we were working with, that kind of co-design and plan, the conversation is where that there's going to be a diversity of experiences kind of across the school community. And these questions also were designed to help folks talk about the topics that they identified. So, for example, students talk to us about their experiences with housing and housing insecurity or facing homelessness. They talked about issues they found in the community trying to get a job. And what we try to do is we try to create discussion questions that would allow them to talk about those different diverse experiences, understanding that some things may, for example, one group, if you're talking to a group of seniors that their awareness about life after high school might feel very immediate. And so they may want to take that conversation a certain direction. Whereas students who are freshmen or new to the school, that might be one that we have to work with our facilitators to kind of help them into a little bit, but trying to just recognize the diversity of experiences. >> All right. Thank you. That's all the questions I have for now. >> Okay. Go ahead. >> It was good bumping into you the other day, and I asked you about what sort of outreach there might be for students that don't attend this school. And you know, what's been done? And I, I do realize, like, we're making a very intentional, targeted approach, spending a day with these, with these students, these youth. And so it is, it's kind of a different approach than sort of like a, you know, blast out and hope people come to us. We're going to them. Right. But I do know that there are youth that found out about this event. And, you know, for many of them, they can't attend this time. But also what, what outreach may be or proactive outreach may be had been done, if any. I was curious about so that students could potentially still come from other schools. >> Yeah. Thank you counselor. That's a great question. And it's one I will say in our department, we think about engagement and access. It's something that we struggle with because when we're working, whether it's with all of you as a council or other colleagues in other departments, there's often this desire to include everyone. And what we do is we often confront trade offs there. So there are trade offs around either capacity, right? Like, well, the room only fits a certain number of people or location. We can only get so many people to one place at one time. Timing and time of day, time of week are often the things that people ask us a question which sounds like it should be simple, which is what's the best time to meet with? Community members say, well, each of them has a slightly different best time because they have different obligations outside of school or outside of work. And so we just want to recognize that first. And if there's someone who's interested in being part of future forums, would absolutely welcome that. When we've done our Past Civic Minds program, we've invited students from a variety of different high schools here in Vancouver to come to City Hall. So just as you said, councilor, this is sort of our way of going out. But one of the things I'm really hoping to do is, of course, engage in a reflection afterwards and would welcome all of your thoughts about whether or not this is something the council would want to continue in years future, because there are many different directions it could go if it was of interest to the council. There's ways we could do this on a Saturday, for example, to be a little bit more available. There's ways we could do it in concert with an individual district and bring students all to one site, but those are really the things we're trying to work through. And I will say we benefited greatly from partnership for this conversation, but this is hopefully the first of many, not the only city or the only city school partnership we develop. >> Thank you. >> All right. Councilor sober. >> Yeah thank you, Mayor Pro Tem. So I'm going to be honest. I am a product of public schools. And charter schools have a controversial history in our country. So I'm I'm nervous walking into this situation. So there's probably education that needs to happen, but also kind of piggybacking on Council Member Harless comments, a desire to make sure that we are getting into the types of high schools that I went to, because that's an important value to me. Thank you. >> Yeah. Thank you councilor. One thing I'll just note about routed is they are a public charter school, so they exist in a slightly different place in terms of kind of the broader educational landscape. And also part of why we're interested in partnering with them is because of their diverse student body. So in many ways, they are representative of our community and the community that they represent. Within the fourth plane corridor. I think those make them a really good kind of partner. But absolutely appreciate your comment because, you know, when it comes to education, there's a variety of different settings. And that impacts obviously not only the way students participate, but access resources the school has. And that's something I'm sure they would be very excited to talk to you about. >> All right. I think those are all our questions. Thank you so much, William, and thank you, Joy, for joining us online. All right. So next up is, I guess, an update on the inspire grant program. City Manager. >> Yeah, I'll go ahead and move this over to Dave Perlick. But one of the things that we have identified is we've been working through our first round of the grant process as a potential issue that could be problematic for getting those approved on the schedule to which we originally talked about the community. Dave has been working with our legal staff and internal staff to come up with a potential solution, so we wanted to give you a bit of a summary and then also what we may be able to do about it. >> Yeah, hi. Thank you. Dave Perlick, Director of parks, Recreation and Cultural services for the city. So I do have some exciting information to share. Want to provide an overview of what's been going on with Inspire Vancouver? I also want to share, as Lorne mentioned, an emergent potential issue that we've identified very recently and what we options we could propose to help resolve that. So if I could first some quick background just to make sure we all have the right context, inspire Vancouver is a cultural access program authorized under state law, allowing one tenth of $0.01 sales tax dedicated to supporting access to nonprofit organizations focused on arts, culture, heritage and science. The Vancouver City Council approved the program in 2024, becoming the first city in Washington to take advantage of the council approval option. At the time of adoption, one of the decisions that was made was to designate the culture, Arts and Heritage Commission as the so-called designated entity. That means they would guide the program and act as the approver of grants. City staff are assigned to serve in an administrative capacity with the program. In the last year Plus program staff have worked closely with the commission to build out the overall program. Things like. In holding significant community engagement to review, ask questions, gain information, learn from potential applicants what they need, developing criteria and equitable review process, and also branding the program as Inspire Vancouver. Recently, as you may remember, the council reviewed and approved a proposal to temporarily adjust some of the policy guidelines in the program to support a limited year one grant program. This allowed a shorter compressed grant cycle. Lowered the overall grant allocations to prioritize making funds available in 2026. While we at the same time worked to prepare for a larger grant rollout in 2027, the year one grant cycle closed on September 9th. We saw substantial community interest. No one knew exactly what to expect, but nobody had 129 grant applications across the three categories in their radar screen or on their bingo card. I think it's a remarkable achievement, given the short timelines in the year one program and the reminder that program staff were not hired until June 1st. So that's three months ago. Kudos to the commission staff and really the community that's worked with us on learning about the program and providing feedback and showing up to approve, to apply for grants. We have a robust review process beginning with a grant review committee comprised of eight community members that was approved by the commission. The process is working as planned. The potential problem is in reviewing the final grant recommendations by the Commission. Let me explain. This does involve some math. The culture, Arts and Heritage Commission charter identifies nine commission seats. It also requires that six are present for quorum and uniquely, that six vote in favor to achieve consent on any individual proposal. In the last four months, we've seen two resignations from this commission. This leaves us with nine minus two equals seven commission members. So we're just barely above quorum at this point. Also, as program staff have begun compiling information to begin the review process, we've noted that there are four current commissioners involved in applications that are pending. I want to note that there's no language in the current charter, in the bylaws, or in the grant policy that says that commissioners may not apply, so that has not been addressed or covered. There is no rule on that issue. I also want to state clearly that staff is not, and would not appropriately provide guidance or do an evaluation of conflict of interest. However, we just simply want to say we see a potential for recusals. And given the numbers of commissioners that we have, only two commissioners need be absent or unable to vote in. The culture, Arts and Heritage Commission will be below quorum and voting requirements. Ultimately, the grants cannot be approved under that scenario. Therefore, we would like to proactively propose an immediate adjustment to the program policy, which was approved by council previously and is within your purview. The proposal is to indicate in policy that no commissioner may be part of an awarded grant application. If council were to move forward with this and we have time for questions, the current. We envision the current commissioners who are involved in grants would be advised they could choose to stay on the Commission knowing that their grants could not move forward, or they could resign so that their grants could be considered. If one or more commissioners resign again, we fall below quorum. But City Council has the ability to fill those seats. There aren't easy answers here, but we feel like this is the best approach to ensure that we can move forward with the grant, with the grants. I do want to emphasize that this is challenging, but that timing is important, and the current schedule calls for recommendations from the grant review Committee scheduled to go to the culture, Arts and Heritage Commission in October, so that grants can be awarded in November. Whether or not we can stay on this timeline is unknown, but we think that there's a need to act urgently. Certainly, applicants, review committee members and commissioners are all investing significant time in the Inspire Vancouver program. With this in mind, we'd like to begin immediate action and provide this first touch to explain this proposed solution to you and begin scheduling time to bring it forward. That is all I have prepared, and I don't know if the city manager or city attorney have anything to add. >> Well, how about I ask? Just to recap. So when you asked us to do our math, we are at seven commissioners right now. Correct. And four of them have applications in for grant funds. And so the the question is if they were to proceed and review these grant applications, at least one commissioner, each application that they review would have to recuse themselves and walk out of the room. So we might have at six sitting in the room at any time to review these applications moving forward. So and then they'd have to unanimously agree on that grant application. Is that the correct math? >> I think the math is correct. But I do want to state that's not how we view envision the review and the action taken by the commission to occur. Similar to many of the grant programs that that we go through legislative action on, we would not envision, particularly with 100 grants, doing individual grant deliberation with the Commission, rather, the grant review Committee that I that I mentioned, they are really diving and doing all of the review of all details in each grant application, creating a ranking list and a recommendation to the Commission to review and deliberate on. Frankly, we don't see a way to break it apart to discrete decisions on each grant because of the number of grants that we have. Again, we would ask the Commission to vote on the recommendations, and they could make amendments, but they would be voting on a recommendation of grants by program category. >> All right. Do you have a question, councilor? >> More or less comment for the councilors. >> Didn't we grant the mayor. Unilateral powers to fill boards and commissions in times of an emergency? >> I think that's just. For us. That was for us. I thought. >> We need somebody on C-TRAN. It's like if we needed somebody on C-TRAN and the primary and the alternate weren't available, the mayor has the unilateral authority to pick somebody from council to sit on C-TRAN, but I don't believe it applies to boards and commissions of the city. That's my interpretation. >> Good point, good point. >> Yeah. Mayor pro tem yeah, I did have a comment. Thank you. >> Okay. >> If you're finished, counselor. Thank you. Dave. Thanks for bringing the issue forward and for starting a conversation. You know, I applaud the city for moving quickly to try to move money into the community quickly. And I think that once we made that decision, we knew that we weren't going to have a flawless process and that, but that we would learn a lot from the process and that we would be able to quickly refine the process as a result of we of what we had learned, so that when the full grant cycle begins next year, we will be able to apply those learnings. What I'm hearing from you right now is that we've got an early learning that we want to preemptively apply. I believe strongly that we should not have a culture, Arts and Heritage Commission member participating in a decision to award a grant to an organization that they're affiliated with. I think that's a clear conflict of interest, my view. And so I would be supportive of making an administrative change to our policies to clearly articulate that. And if that means that current members choose to recuse themselves or step down in order to be eligible for a grant and no longer serve on the culture, Arts and Heritage Commission, I think that's okay, because in the grand scheme of things, what's most important to me is that even though we might not get it 100% right in this first round, I think this is a big one that we can get right. And if we get it wrong, it would have horrible ramifications. And so what that might mean is that we have to push the award of those grants out a little bit longer, so that council could appoint new members to the Cultural Arts and Heritage Commission, and they can participate in that decision making process. But to me, the trade off of a month or more in this first go round is well worth getting it this much more correct. The first go round. So I'm very supportive directionally of where you're going. I think it's unfortunate that we've had this discussion. I know that there were members who, knowing that this program was coming and knowing that they were part of organizations that they anticipated would apply, actually preemptively resigned, which is part of the reason why we have some openings. And there were some that preceded that. Even so, I think there was a general understanding amongst the culture, Arts and Heritage Commission members at a certain point in time that this standard would be applied, but it wasn't codified. And so this is our opportunity to codify it, make it very clear what our expectations are, and set a standard going forward. So those are my thoughts. Thank you. >> All right. Do we have other thoughts or questions? All right. Councilor Harless. >> So you said four are known to be involved. So those would be four additional potential resignations with this new approach. So we would need to be we would need to sit three people probably then okay. Just making sure. And then without a timeline in front of me, it's kind of hard to see it all like laid out, but I just wanted to confirm that that was three. Thank you. >> All right, councilor. >> Thank you. I want to make sure that I understand your solution clearly. So that's appointing three new people by what if if they resigned. But worst case scenario, appointing 3 or 4 people, if they resign by a certain time. So I just want to make sure that we're realistic on that timeline. And I too, am okay with moving it later in order for us to do this correctly and do feel strongly that we should not have people applying sit on the commission reviewing the on their own grant applications. So I am in support of what my colleague Councilor Paulson has laid out. But I also want to know a timeline for this and the process for us to appoint new folks and what that would look like, and then just ask for some further clarification. Use the time that we have to get some clarification. City manager, I had raised the question of how we define the word culture with many of the organizations who are wanting to apply or have been applying and not getting success and wanting to align ourselves with how other cities are defining culture as they apply this program. >> How about we address the first question along timeline? We're we're almost to October. >> Yeah. >> Okay. Could you address that question first? >> So we know that this will require a first reading in public hearing process. So it would be two more touches we could potentially I'd have to review council timelines. We could potentially bring it forward October 5th. If not, then October 12th. And have that for your review with approval at some point in the midpoint of October. We have been scrambling to look at calendars. It won't align with when the culture, Arts and Heritage Commission would regularly meet. So there's certainly a special meeting in in the coming, you know, if we follow this path and it's probably too early to really nail down when that is. We understand that the November timeline is a goal that we may not be able to fully address, but we will clean up that timeline if given the direction that this is in the interest of council to review further and see a formal action request. >> There was one more question that you had, Councilor Perez, that I said you had a secondary question, right. >> Secondary to that is clarifying how we are implementing the definition of culture, as we have many organizations that see themselves meeting that definition but are hearing that they do not. And so there's a question of how we are interpreting that or see how other cities are implementing that definition. So just aligning our, putting some time and thought and aligning ourselves with that. >> Yeah, I'd be happy to ask our program supervisor to bring forward a more robust answer to that. We are definitely working with the two most established programs, Olympia and Tacoma, regularly. In fact, we found that they've appreciated a lot of our questions. And, and we're we're all learning together. So we're reviewing that the many of the definitions are embedded in state law, and so are not the choice of the local jurisdiction and the type of organization. You must be a qualified 501 three C so what people are interpreting as the reason they're not qualified is not always entirely accurate at first blush. So I think there's a whole conversation about that because we've tried to be as informative as possible and to really work with organizations to better understand what their options are as well. >> Just back to the first question on the timeline for process of us appointing 3 or 4 members, are you going to share that process with us? Do we have already a process in place? >> This is such an emergent issue. I'm going to look to my left and see if there's any comments or direction would like me to share a couple of options, but I don't want to speak over the city manager. >> Yeah. When Dave briefed me about the issue, one of the concerns that I had was, you know, how many people do we have kind of in our pipeline for potential board and commission applicants who were interested in this? And while the current recruitment underway, I think, has only brought about two people that were interested, the earlier one that I was was done in April of this year. We still have 26 people who had indicated an interest in being on the Cultural Arts and Heritage Commission. So we've got a pretty good bank of folks who have indicated that they would like to serve on it. So I think the next step would be to reach out, see how many of those are still interested, and then start to develop, you know, kind of a list for the council subcommittee to do interviews on for future appointments. But it will take us working pretty quickly to get everything scheduled. >> Yes, councilor. We you had a question first. Sorry, councilor. >> Just more of a comment. We also have a procedure for doing a special meeting. So also consider that I'm I think and you know, I'm in my fifth year now. We've only ever done one special meeting ever. So but I know it is a tool. So worst case scenario, that's also a tool. I just want to make sure you didn't forget that. >> Okay. Councilor Paulson. >> Thank you. I just wanted to remind Council that when we talked about boards and commissions a meeting or two ago, I made the point of having an off cycle process to fill openings on certain boards and commissions. And this was definitely one of the boards and commissions that I had in mind and named when I made that point, because we have two openings that have been open for a while and could have been filled during this time period if we had an off cycle process in place for certain boards and commissions that have autonomous decision making authority like this one does. And so part of the math problem that Dave started off with starts with, we're already too short, and now we have four who have applied for grants, right? And so ultimately, when you're thinking about potentially how many we might have to appoint, don't think in terms of 3 or 4. Think in terms of 5 or 6, right. Because we want to get it back to nine, not just back to seven again. And then going forward, what I'd like for the city manager to do is to help lead a process by which we have a parallel process for openings on some of these keyboards and commissions, together with work that we can do with that onboarding coordinator position that we talked about earlier in the budget conversation. We have so much work to do when it comes to onboarding and training and ongoing support for boards and commissions, and I think that's a key role that this boards and commission or coordinators can fulfill in ways that our current support staff aren't able to do because they don't specialize in that in this individual would specialize in that. So I think we have an opportunity to make yet further enhancements in our board and commission process through that staff position and through revisiting some of these policies. Thank you. >> All right. It looks like we have at least one decision for sure to make, but I need a little more clarification. So when, when and if we pass this change, are we offering the commissioners the opportunity to withdraw their grant applications to stay on the Commission? >> Yes. We would propose to provide them some some period of time notification, some period of time to make that decision. They could they could indicate I'm staying on the commission. No further action would be taken. Those grant applications would then not be considered for approval. If they said, no, I'm committed. You know, I think benefit to the community weighs in in favor of keeping the grant application going. Then they would be asked to resign from the commission, but we would provide them notification and some time to make that decision. >> All right. And then as soon as we decide whether or not we're moving forward with this change, then we can talk a little bit more clearly about when the community and the applicants can actually hear from us on, on the success or not of their applications. So pushing this to probably November, December or December, January time frame. >> We will really sharpen that timeline given favorable direction from, you know, initial interest by council will really develop that in more detail. Try to put a more specific range around that. And we've got some communication to do as well. We're distinctly interested in maintaining the highest level of credibility and relationship building through this year. One process, and I think the community will be understanding to a point, but they've got plans and they've got needs, and we're so we really appreciate the understanding and urgency by council. >> Okay. >> Mayor Pro Tem. >> Yes, councilor Stober. >> Thank you. I just want to express a little bit of concern about where this conversation has led to. When this topic, we did not know there was going to be a second topic under City Manager communications until just a few minutes ago. And when it was introduced, it was introduced as in for information only. And therefore it was not noticed. The public was not able to give comment during this meeting. So I, I, I'm really I don't feel comfortable giving any direction tonight given the circumstances. Thank you. >> For clarification. Correct me if I'm wrong, but the plan would be for us to to provide some direction to come back for basically two readings. So we have to have a first reading and a second reading. Is that correct? >> Yes. We would have to have two, two, two occurrences of City Council to have this approved. >> So the public would then have opportunity and notice to speak at either one of those upcoming two opportunities before we make any actual decisions. >> Correct. >> Does that help clarify things? >> Counselor? Absolutely does not, because this was introduced as a for information only presentation. And there is an implication that we will provide direction to staff. And I I'm not comfortable with that. Thank you. >> Okay. City manager and our city attorney, do we have any concerns with adding these to future agendas? >> I think the simplest way respecting Councilor Stover's wishes with something like this. If there are two council members that would like to see this added to a future agenda, just reach out to me after the meeting and we will follow that process to bring it forward for a future discussion. >> So you're saying bring it back for a discussion only item on the agenda, or bring it back for a workshop? Or what is the what is the suggestion you're looking for from council? >> Ideally, we would bring it back for workshop and then action for the two readings after that. But look, I'll have to look at the agenda. It could come back as a formal agendized item under City Manager's communications. If workshop time is awful. >> Okay. All right. Go ahead, councilor. >> Thank you, Mayor Pro Tem and I totally appreciate where you're coming from. Councilor Stober it when we take a look at down the road and it comes to city manager communications, what what are we talking about? What direction are we giving? Where are we going? And should we be notifying the public in advance of this? I totally appreciate where you're going. >> Thank you. >> All right. Do we have any councilors who would like to recommend that this item be put on a future agenda for discussion or workshop? Councilor Perez. >> Yes, please bring it back in the appropriate format that it needs to be, so that we follow our own process and allow the public time to input and adjust whatever timeline we need to do to get us to where we need to do so. >> I second, adding it to a future agenda. >> All right. We have we have two councilors that would like it brought back and put on the agenda. Is there anything else that we need to discuss tonight? >> Nothing further, Your Honor. >> Okay. Anything from our city attorney? >> Nothing. Thank you. Mayor Pro tem. >> Anything from council staff? No. All right, then, I think we have we're getting ready to adjourn this meeting and move into our community forum. I don't remember what I'm officially supposed to say other than this. Meeting has adjourned, and we will adjourn in a few moments without the cameras on. Oh, wait, I do have.