| Time | Speaker | Text |
|---|---|---|
| 00:00:20.59 | Jill Hoffman | of the city council to order special meeting of the city council and ask that the roll be taken. |
| 00:00:20.89 | Unknown | the, |
| 00:00:28.68 | Walfred Solorzano | Good afternoon, Mayor and City Council. Today's special meeting of May 14, 2026 is being held at 420 Litho Street City Council Council Chambers. It is also being broadcast live via Zoom on the City's website and cable TV channel 27. |
| 00:00:44.99 | Jill Hoffman | Very well. Can you take the role? |
| 00:00:49.20 | Walfred Solorzano | Councilmember Cox. Not here yet? I don't think I'm on Zoom yet. She's not on Zoom yet. |
| 00:00:53.64 | Jill Hoffman | Thank you. |
| 00:00:54.05 | Jill Hoffman | you |
| 00:00:54.18 | Jill Hoffman | Thank you. So I anticipate that Member Cox, as listed on our agenda, will be attending remotely, and we will report when she's able to join us. We come back from our closed session. Thank you. |
| 00:01:09.71 | Walfred Solorzano | Councilmember Hoffman. Here. Councilmember Sobieski. Vice Mayor Blaustein? Here. Mayor Woodside. |
| 00:01:15.85 | Jill Hoffman | here. It's now time for us to look at the agenda for the three o'clock we're going into closed session on items C1 through C6 and before we do so are there any public comments on the closed session. |
| 00:01:31.81 | Walfred Solorzano | Seeing none online. |
| 00:01:33.55 | Jill Hoffman | Okay, so we're going to consider the following in closed session item C1 public employee performance evaluation pursuant to government code section 54957. Item C2, conference of real property negotiators, the property relating to 558 Bridgeway, Sausalito. And finally, item C3, conference of real property negotiators, submerged tideland portions of Pine Street, Johnson Street, and Donahue Avenue, adjacent to block 20 and block 267 in the tidelands of Sausalito. Having said that, we'll now go into closed session. Thank you. |
| 00:02:12.96 | Sergio Rudin | Thank you. Council members, I think we do actually need to wait until council member Cox joins from her remote location because it is a simultaneous meeting location of this meeting. So I will give her a call and make sure that she joins. |
| 00:02:26.08 | Jill Hoffman | I mean, we should wait out here. Sergio. |
| 00:02:29.04 | Sergio Rudin | I think we can adjourn to close, but yeah, we need her to join because otherwise this meeting cannot proceed since it's been noticed is occurring in both places. Thank you. |
| 00:02:37.98 | Skip Klaeger | Thank you. |
| 00:02:38.01 | Sergio Rudin | Can I ask you a question about that? |
| 00:02:38.03 | Skip Klaeger | Can I ask you a question about that? Thank you. Just take a look. |
| 00:02:41.73 | Sergio Rudin | She is waiting to join the Zoom, but it says it is waiting for the host to start the meeting. So I suspect she is trying to join in the closed session now. |
| 00:02:52.07 | Jill Hoffman | Is she looking at the closed session to join or the open session? There's always a choice. |
| 00:02:59.53 | Melissa Blaustein | So she's waiting for the closed session meeting to start. |
| 00:03:02.52 | Jill Hoffman | Thank you. |
| 00:03:02.55 | Tom Bria | Sergio, is it also possible that we could just begin and take comments again on closed session after? for |
| 00:03:09.05 | Sergio Rudin | Yes, I think that should be substantially compliant. |
| 00:03:11.50 | Tom Bria | Thank you. |
| 00:03:11.51 | Jill Hoffman | Why don't we just do that so we can get going? Pretty good. We'll now go into closed session. |
| 00:03:33.70 | Sergio Rudin | And city manager, it sounds like she's actually was waiting to get let into open session was the issue. |
| 00:04:06.15 | Unknown | you |
| 00:08:12.04 | Jill Hoffman | who is attending remotely is able to hear us and see us and we can hear her. |
| 00:08:18.10 | Jill Hoffman | Thank you, Mayor. |
| 00:08:19.19 | Jill Hoffman | Okay. |
| 00:08:19.41 | Jill Hoffman | Okay? |
| 00:08:20.34 | Jill Hoffman | And Mr. Sobieski had to at the last minute be called away unavoidably, so he will not be here for this process. but there are three of us present and Ms. Cox remotely, and we are now, back in session and I will ask the clerk to call the roll. |
| 00:08:42.09 | Walfred Solorzano | Councilmember Cox. Thank you. |
| 00:08:43.87 | Jill Hoffman | Thank you. |
| 00:08:43.97 | Walfred Solorzano | Bye. Councilmember Hoffman. Here. Councilmember Sobieski is absent. Vice Mayor Blaustein? Here. Mayor Woodside? |
| 00:08:53.38 | Jill Hoffman | I'm here, and our first-over business will be the Pledge of Allegiance. Please join me. |
| 00:08:59.68 | Unknown | I pledge allegiance flag of America and to the Republic for which it stands, one nation under God, divisible with liberty and justice for all. |
| 00:09:02.00 | Jill Hoffman | Thank you. of America. |
| 00:09:04.06 | Unknown | Bye. |
| 00:09:07.74 | Unknown | anything. Undergo. |
| 00:09:15.52 | Unknown | We won't. Okay. |
| 00:09:18.21 | Jill Hoffman | We have just returned from a closed session, and I can say that there are no reportable actions to report out at this time. So we are able now to go forward with our posted agenda. And before we do that, I'd like to see a motion to approve the agenda as printed. |
| 00:09:41.83 | Melissa Blaustein | So moved and I also if Councilmember Hoffman wants to give an update on the post office box because I there's a letter on the consent agenda that we have prepared as a council. Let's say that for a comment. |
| 00:09:52.76 | Jill Hoffman | Let's save that for a comment on the consent calendar. |
| 00:09:55.72 | Melissa Blaustein | Okay. Sorry. So moved. So move to agenda approval. |
| 00:09:59.13 | Jill Hoffman | Okay, I'll second it. And because Ms. Cox is here, we need a roll call. She attended remotely, we need a roll call. |
| 00:10:07.18 | Walfred Solorzano | Council member Cox. Thank you. |
| 00:10:08.41 | Jill Hoffman | Yes. |
| 00:10:08.48 | Walfred Solorzano | Yeah. |
| 00:10:08.54 | Jill Hoffman | Yes. |
| 00:10:08.76 | Walfred Solorzano | Thank you. Councilmember Hoffman. |
| 00:10:10.45 | Jill Hoffman | Yes. |
| 00:10:10.65 | Jill Hoffman | Yes. |
| 00:10:10.74 | Jill Hoffman | Thank you. |
| 00:10:11.82 | Walfred Solorzano | Vice Mayor Blaustein? Yes. Mayor Woodside? |
| 00:10:14.62 | Jill Hoffman | Yes, so the agenda is approved. We now can go to the consent calendar. There's only one item. And these are items that are routine, don't really require discussion. They're not controversial, typically. And we can take them on one motion. John Lundberg, Often there are numerous items on a consent calendar tonight we have. Just one. So are there any public comments on the consent calendar? |
| 00:10:46.93 | Jill Hoffman | Seeing none. |
| 00:10:49.03 | Walfred Solorzano | I have one online. |
| 00:10:50.50 | Jill Hoffman | You have one online. |
| 00:10:52.27 | Walfred Solorzano | We have Babette McDougall. |
| 00:10:53.97 | Jill Hoffman | Ms. McDougal? Consent item 1A, you have a comment. |
| 00:10:59.15 | Babette McDougall | Yes, sir. I just want, can you hear me all right? Yes. |
| 00:11:02.73 | Jill Hoffman | If you can, it's hard to hear you a little bit because we have fans going. It's quite warm here, but please speak loudly if you can. |
| 00:11:09.24 | Babette McDougall | Thank you. Thank you. Thank you. I'll try. So my point, can you hear me? Okay, sure. |
| 00:11:15.54 | Jill Hoffman | We can hear you. |
| 00:11:16.63 | Babette McDougall | I'm sorry because I'm getting another signal saying otherwise. All right. Thank you. I want to encourage what you're doing right now. Because if the city has any duty to its people, It's to protect them. And the city is appearing to be the arbitrator of enlarging the one and only slum in the entirety of Sausalito. That is the perception. A point of order. |
| 00:11:42.61 | Jill Hoffman | I'm sorry, Ms. McDougall, we're on the consent calendar 1A. |
| 00:11:42.81 | Babette McDougall | So, |
| 00:11:47.33 | Babette McDougall | And your consent item has to do with this very agenda item, does it not, sir? |
| 00:11:51.36 | Jill Hoffman | It does not. It has to do with the post office box. So, |
| 00:11:52.54 | Babette McDougall | Yeah. Oh, the post office box. I do beg your pardon. I withdraw. Thank you. |
| 00:11:57.98 | Jill Hoffman | We'll have an opportunity to speak when we get to the next item. |
| 00:12:01.34 | Babette McDougall | Okay, thank you very much. |
| 00:12:02.69 | Jill Hoffman | I bet. |
| 00:12:03.02 | Jill Hoffman | Thank you. |
| 00:12:03.68 | Jill Hoffman | So Ms. Hoffman, do you want to comment on the consent item |
| 00:12:07.01 | Jill Hoffman | Yeah, let me just, so a brief update. the post office box, um, Just a super brief, just a brief history. The drive up post office box at our local post office was removed because of some vandalism and stolen mail. And so it was removed from the drive up position up to the door. I spoke with the postmistress and about putting it back to an accessible location at the drive up area. at the post office, which They've done, but it's in an awkward position at this point. Um, at the post office, they're going to try to do some further work to make it easily accessible. It's still a bit awkward. But we've found a location here at City Hall where Um, Soon, I don't know, the timeline is going to be in the next week or two. We're going to install a left-hand position where you can drive up to the mailbox and in your car, put your mail in a US post office box here at the end of the turnaround here at City Hall in the parking lot. So you'll be able to drive up as you exit our parking lot it'll be positioned so that you can put it in your left hand and put it in the middle. So we're going to take one off the street. where there's one position somewhere here in Sausalito. We're going to take that one off the street. and put it here so it can be a left hand drop. easily dropped. So that's the update right now. Hopefully that'll happen soon. And we'll do a ribbon cutting here, maybe. |
| 00:13:40.26 | Jill Hoffman | So in addition to the location at the post office property, we're talking about an additional post office, all would be accessible for dropping off from a car, for example. |
| 00:13:43.72 | Jill Hoffman | All right. |
| 00:13:47.56 | Jill Hoffman | Yeah. Yeah, absolutely. That's the, that's the whole, that's the wish here. And then they're still working on modifying the one at the post office, but the reason the one at the post office is because of vandalism with the box and the stolen mail at the post office and they're, |
| 00:13:50.47 | Jill Hoffman | Absolutely. |
| 00:14:06.31 | Jill Hoffman | That's why you're seeing some strange modifications on the drive up box at the first. |
| 00:14:09.74 | Jill Hoffman | And this has been there were many public comments submitted to us over the last few days, as well as personal observations by. |
| 00:14:18.55 | Jill Hoffman | myself and others. But they're working on it. That's why. Correct. Thanks. |
| 00:14:19.17 | Jill Hoffman | Yes. Correct. Thank you for the update. And there's a letter in the file. Melissa, do you want to say anything about that? |
| 00:14:25.21 | Melissa Blaustein | Just to say we, prepared a letter in the file as well that will go to the postmaster requesting updates for ADA compliance for the post office box next to the post. So in addition to ensuring that the mailbox here is drive up accessible, we will make improvements to that one as well. |
| 00:14:41.31 | Jill Hoffman | Thank you very much. So now we'll move on to our one business item. We said it would start at 510. |
| 00:14:46.93 | Melissa Blaustein | Do you have to vote on the consent calendar? |
| 00:14:48.87 | Jill Hoffman | Oh, I'm sorry. |
| 00:14:49.99 | Melissa Blaustein | I moved to approve the consent calendar. Second. |
| 00:14:53.82 | Walfred Solorzano | Thank you. |
| 00:14:54.56 | Jill Hoffman | Okay. Uh, again, a roll call. |
| 00:14:59.22 | Walfred Solorzano | Councilmember Cox. |
| 00:15:00.53 | Jill Hoffman | Yes. |
| 00:15:01.49 | Walfred Solorzano | Councilmember Hoffman? Yes. Vice Mayor Blaustein? Yes. Mayor Woodside? |
| 00:15:06.56 | Jill Hoffman | Yes. Okay, it's 510, and the business item 2A relates to Pelican Harbor. And before we start hearing from staff and go through the report, just a quick question for my information and so that we can make sure we... hear from people who wish to speak. How many of you present wish to speak to us tonight? So I see a handful, but not everyone. OK, that's probably good. |
| 00:15:43.36 | Jill Hoffman | Well, typically we do two minutes. Now, the reason for that is we want to make sure everyone's heard. Thank you. Thank you. Um... Let me ask for the show of hands again. Okay, I'm going to count 1, 2, 3, 4, 5, 6, 7, 8. eight people on this item, and I believe Ms. McDougall would make nine. Let's round up to 10. So I think I could add. Okay, I'm seeing somebody with four minutes. How about this? Four minutes, but it will be most appreciated if you can keep well under four minutes. We are listening. And by the way, I hope you've all seen the agenda and all of the attachments public comments, et cetera, which we have received and read. So there's quite a bit of information that's been submitted already. And we appreciate your involvement. And we do look forward to hearing from you. So we will do our best. I'm just going to ask Mayor Cox, I know your schedule's tight. If it's only 10 people at four minutes each, |
| 00:17:00.17 | Jill Hoffman | I believe that it's the vice mayor who has a hard stop tonight. So I want to make sure that we have time to deliberate and give direction. but I think that's a great question. |
| 00:17:08.66 | Jill Hoffman | Yeah. |
| 00:17:09.15 | Jill Hoffman | Maybe three minutes. |
| 00:17:10.57 | Jill Hoffman | Okay, so I'm gonna say this. |
| 00:17:12.17 | Jill Hoffman | Maybe three minutes. |
| 00:17:13.73 | Jill Hoffman | Try for three, please. But the person who first put up four, I'll give you four. How's that? |
| 00:17:23.45 | Babette McDougall | Great. |
| 00:17:23.75 | Jill Hoffman | Thank you. I know that sounds a little like favoritism, but it's not. We really want to hear from everybody, truly. Okay, so we do have a staff report and I think We're ready to hear it. We have the speaker cards. So to make this easy on me and you, if you make sure you wish to speak, you filled out one of these, then I can call you and we can do this pretty efficiently. |
| 00:17:51.95 | Brandon Phipps | All righty. Good evening, Mayor, members of City Council. I am Brandon Phipps, Assistant City Manager, here to present on this evening's item concerning a formal request for the city's consent to assign the Tidelands lease at Pelican Harbor Marina, located at 200 Johnson Street. This is before the council because under state law, only the city council has the authority to act on matters involving the lease of city-owned property. I'll try to be as concise as I can. My goal is to give you a clear and organized picture Thank you. has the authority to act on matters involving the lease of city-owned property. I'll try to be as concise as I can. My goal is to give you a clear and organized picture of what's in front of you tonight so that council can provide the most informed direction to staff. Next slide, please. So here's how this evening's presentation is organized. I'll walk through it. Background on the lease and the city's tideland. Obligations to start. An overview of the assignment request itself. The baseline compliance requirements. Information staff has gathered regarding the qualifications and financial capacity of the assignee, proposed assignee. The code enforcement history at the proposed assignee's current marina in city of Sausalito, a summary of the public comments the city has received, a summary of the proposed conditions for council's consideration, and finally, the staff recommendation and next steps. Next slide. So briefly on the lease itself, it was entered into in August 2025 between the city and Pelican Harbor Associates LP. That's a California limited partnership that has operated the marina for approximately four decades. The lease does run through January 31st, 2040, about 14 years remaining. Base rent is under $32,000 per year, adjusted annually based on slip rental rates. The lease requires the operator to maintain the premises, carry full insurance with the city, named as an additional insured, and operate in compliance with CUP 467. Critically, and this is important for context tonight, the property subject to this lease is within state grant tidelands. The city received these tidelands from the state in 1957 and holds them in trust for the public. This means that the city is not simply acting as a private landlord. We have a stewardship responsibility here as well. A compliant operator must use these lands exclusively for permitted public trust purposes, provide non-discriminatory access and rates, preserve public access to the harbor, and comply with all applicable laws. The state retains authority to revoke the Tideland's grant as well, so I think that's important for consideration. These obligations are definitely real, and they are ongoing, and the suitability of any proposed assignee to fulfill them is a legitimate and substantive consideration that city council ought to evaluate. Next slide, please. Okay, so on April 1st of this year, Flynn Investments submitted a written request on behalf of the current lessee asking the city to consent to an assignment of the lease to Cameron K. Razavi. The stated closing date for the marina was May 4. That date has now passed, and the city has not yet provided consent to the assignment. What developed after that initial request is worth noting. On April 20th, Mr. Razavi assigned his buyer's rights to a new entity. That's Pelican Twins LLC with Christina Suh named as managing member. Four days later, Ms. Suh authorized Mr. Razavi to represent that entity before the city. So while the original request named an individual as the assignee, the actual proposed assignee is now a newly formed LLC. Some key facts regarding Pelican Twins LLC for council consideration. The entity was formed on March 24. That's six days before the assignment letter request was dated. It was organized by a third party, not Mr. Razavi, neither Ms. Christina Suh holds 100% ownership. Mr. Ozavi is listed on the membership certificate. as a witness and or member, but his ownership interest, if any, is not formally documented. The entity also has no operating history as it was formed six days before the assignment request letter. Legal framework. The lease requires the city's consent and specifies that consent shall not be unreasonably withheld. The California Supreme Court's decision in Kendall v. Ernest Astana establishes that consent may only be withheld on commercially reasonable, objective grounds. Things like financial responsibility, suitability of the use, and legality. Importantly, Civil Code Section 1995.260 places the burden of providing unreasonableness on the tenant, but also requires the city to state its objectives in writing. The city attorney has flagged this as an important procedural consideration. That's regardless of how the council chooses to move forward tonight. Next slide, please. Okay, before getting into the broader suitability question, I want to note three baseline items that are required under the lease itself, independent of any other considerations and that have not yet been provided to my understanding. And I'll just point out or call out Attorney Rudin, feel free to jump in at any point. A written assignment. So first of the items that has not yet been provided. A written assignment and assumption agreement satisfactory to the city attorney that's not been drafted or executed. Insurance binders meeting the leases requirements with the city named as an additional insured have also not been provided. written acknowledgement of and commitment to complying with CUP 467 has not been provided either. Each of these is a foundational lease requirement, not a discretionary condition. The fourth item on the slide is a simple reminder |
| 00:23:46.44 | Unknown | Thank you. |
| 00:23:53.19 | Brandon Phipps | that regardless of the original lessee remains fully liable as a primary ob Obligor through 2040. Next slide, please. So this is... perhaps the most substantial slide in the presentation, and I just want to make sure it's framed carefully. In evaluating |
| 00:24:12.44 | Jill Hoffman | And evaluating. Just to let you know, because of the light, it's very difficult for us to read here. I have my computer. I'm wondering if people in the audience can read it. On the monitor? Okay. Thank you. |
| 00:24:25.51 | Brandon Phipps | And I've done my best to make sure the script can function independently. So hope that the verbal... compliment will be of assistance also. So in evaluating any assignment request, the city has a legitimate interest in understanding who the proposed new tenant would be. Much of what I'm about to describe came to staff's attention through the public comment and publicly available information. well through public comment as well as publicly available records staff has independently reviewed and confirmed each of these items and the underlying source documents are included as attachments to this staff report i want to be clear that the council is being presented with this information for its consideration it's not staff's role tonight to render a judgment on the proposed assignee as a person and the council will draw its own conclusions So regarding the first item, criminal conviction and incarceration. 2016 through 2018 staff has confirmed from court records and published news articles that Mr. Rosavi entered a guilty plea in Sacramento County in October, 2016 to two code violations involving substandard dwelling units that are residential property and Carmichael. He was ordered to make corrections and pay $15,000 to the district attorney's fund. He repeatedly failed to make mandatory court appearances. As a result, a judge ordered him to serve three weeks in jail. He was taken to custody in February 2018, and source documents are included here as attachments 14 and 15. open OSHA case. Um, This has been verified by staff. The case remains open. Staff has confirmed from OSHA public records that an inspection opened in December 2015 listing the Bridgeway Marina mailing address resulted in eight violations, including one classified as serious. And this is in regards to electrical safety. Again, the case remains open. This is included as attachment 16. West Sacramento Civil Nuisance Action. Staff has reviewed a 2006 nuisance action filed by the city of West Sacramento, naming both Cameron and Christina Suh, the 100% owner of Pelican Twins LLC, as co-defendants related to 296 units within an apartment complex. That complaint is included as attachment 17. D F E H housing discrimination action. Staff has reviewed a 2015 disability discrimination complaint filed by the California Department of Fair Employment and Housing, identifying Mr. Razavi as the owner principal and corporate defendant. That complaint is included here as attachment 18. Staff again presents this information because the council has both a legal and a public trust basis for considering the proposed tenants demonstrated record of code compliance, as well as a regulatory conduct across. properties and jurisdictions. Next slide, please. to financial capacity. A buyer's performa has been submitted showing a stated purchase of approximately $13.4 million, estimated annual gross income of about $992,000 and estimated net income of approximately 216,000. Staff notes that the performer references annual debt service, but no binding loan commitment letter or equity substantiation has been provided to the city. So more significantly, the bank statement submitted as evidence of financial capacity shows an account held by Bridgeway Marina Corp, not Pelican Twins LLC, the actual proposed assignee. That statement Ought not or at least staff's recommendation here would be that the statement ought not be credited as proof of Pelican Twins capitalization. No bank account operating capital or reserves specific to Pelican Twins have been provided. No third party facility inspections of Pelican harbors docks, electrical systems, fire safety or pump out have been submitted. These are the kinds of items. that in my understanding are generally needed to be in hand or ought to be considered at least to be in hand prior to any consent is granted. Next slide please. The side summarizes the code enforcement history at Bridgeway Marina, 225 Locust Street, which is currently operated by Mr. Azavi and which was the subject of a staff report presented to the city council in September of 2025. The information is verified by staff, particularly our code enforcement officer. The history includes multiple expired building permits that never received final inspections, spending multiple decades, years of unpermitted construction, illegal floating docks, unapproved parking and storage, and documented wastewater discharge deficiencies. New complaints were received as recently at 2025 regarding electrical issues and short-term rental activity. The city and the operator cooperated from 2016 through 2024 to address violations with limited success in achieving full compliance. The council may consider this record at the proposed assignee's existing Sausalito facility when evaluating their qualifications, his qualifications to assume a second stake for Entitled's leasehold at Pelican Harbor. Next slide, please. The city received 16 written public comments between late April and May 10 from current tenants, South Theater residents and members of the public. I just want to briefly flag what staff has not independently verified. or verified because that distinction does matter for how the council weighs input tonight. So the criminal conviction, the OSHA case, the civil complaints all confirmed from public records as discussed on previous slide. The Bridgeway Marina code enforcement history confirmed. items not independently verified by staff another of other allegations in the comments have not been these are uh inclusive of alleged statements by the proposed assignee about converting pelican harbor to a fully live aboard marina alleged comments about bcdc's jurisdiction boundaries or lack thereof alleged plans to dredge protected habitat areas and alleged notice to the current harbor master alleged representations about doubling slip fees as well the council should be aware that these, of course, are meaningful community concerns, but staff cannot at this time confirm their accuracy. We've noted that distinction clearly on this slide. Next slide, please. |
| 00:30:26.55 | Unknown | Bye. I'm not sure. Thank you. |
| 00:30:53.09 | Brandon Phipps | This slide summarizes a set of objective enforceable conditions that have been proposed for Council's consideration. City attorneys offered several important points of guidance. Any conditions should be incorporated into an assignment and assumption agreement. They're not a land use permit and cannot be imposed as such. Second, consent should not be extended until outstanding financial information, particularly a Pelican Twins title proof of funds, has been provided. Third, if the city declines to consent, Civil Code section 1995.260 requires that objections be stated in writing. And fourth, I wanna be clear about this, the staff report does not make a recommendation. for or against consent. That decision is a council decision. The table on the screen outlines the proposed conditions across seven categories. Live-aboard, occupancy management, electrical and fire safety, sanitation and pump-out, staffing and maintenance, ADA and UNRWA compliance, BCDC and public trust stewardship, and financial capacity and reserves. None of these have been satisfied to date based on staff's estimation. A more robust form of these conditions is provided as attachment 19. Next slide, please. Staff's recommended action is straightforward. Receive and consider the assignment request and direct the city manager and city attorney to prepare a written response. with The scope of that response informed by whatever council directs this evening. for the Council's consideration. whether the proposed assignees are suitable, how to weigh the compliance history across multiple jurisdictions, whether outstanding financial information must be resolved prior to consent, whether objective preconditions should be built into an assignment and assumption agreement. How to weigh the public comments with the verification distinctions in mind, whether a formal written objection pending additional information is appropriate, and what direction to provide the city manager and city attorney on the scope and content of a written response. So the six outstanding items in the right column of the slide here represent the minimum information that staff believe would need to be in hand before any consent to assignment could reasonably move forward. Next slide, please. So that concludes staff's presentation. I'm happy to answer any questions and look forward to your direction this evening. Thank you. |
| 00:33:17.63 | Jill Hoffman | Thank you. even though it's not specifically listed on the agenda normally we ask if council members have any questions of staff at this time and then of course we want to hear directly from those who've cards. And if you haven't, I noticed a few people came in late. And if you want to speak, you must write your name down in the card. And you didn't hear my cautionary hope will give you a little extra time tonight because so far there are about 10 people i don't have 10 cards but 10 people oh i'm sorry The car is over there. Yeah, it's okay. But in the meantime, I'll ask first for council questions and please let's have them in a form of a question, if possible. Any questions? Um, Ms. Hoffman questions. Um, Ms. Cox questions. |
| 00:34:14.82 | Jill Hoffman | No, thank you, Mayor. Very clear SNAP report. Thank you to Brandon. |
| 00:34:16.30 | Jill Hoffman | Cheers. Okay, and then I would not ask a question to Brandon, but you mentioned the city attorney who is in attendance tonight. Mr. Rudin, do you have anything to add to the report at this time? |
| 00:34:30.83 | Sergio Rudin | Um, I will note that with regards to the attachment 17 and 18, 18 based on available records, it is clear that the West Sacramento case did result in a judgment against the defendants, which I think was not mentioned in the staff presentation. It is unclear to me whether Attachment 18, that's the Department of Fair Employment and Housing case, resulted in a judgment against the defendants. Um, At least one of those cases was tried and reduced to a judgment. |
| 00:35:08.87 | Jill Hoffman | Very well, thank you. I have no questions of you. Thank you for your report. It's very thorough. I hope you could all hear it or see it. And it's now time to hear from those of you who've submitted cards. Thank you, Mayor. Thank you, Council. Thank you very much. That was a very thorough report. Thank you, Brandon. Thank you. So, um... What I'd like to do is I'll call a name and then I'll say to be followed by so the next person can be ready. |
| 00:35:41.42 | Jill Hoffman | Rob McCullough. |
| 00:35:47.11 | Jill Hoffman | followed by |
| 00:35:48.03 | Robert McCullough | Merrill. Good evening, Mayor and Council members, and thank you for allowing me some additional time to present these points. Council member Sobieski requested that I submit a written copy of my comments, which I'll do to City Manager Zapata afterwards. I'll do my best to get you. |
| 00:36:05.24 | Jill Hoffman | Those will be part of the formal proceedings and record. So they'll be available to the public who is unable to perhaps to hear or be here to read them. Thank you. |
| 00:36:16.43 | Robert McCullough | Robert McCullough, Perfect okay yeah I know it's a lot of material, so my name is Robert McCullough I've lived aboard a Pelican Harbor for about 26 years. Robert McCullough, And after reviewing both the city's historical records and tonight's staff report I believe there are several. Robert McCullough, Several interesting points which are now very clear first, this is not simply a real estate transaction the property involves state grand tidelands held by the city and public trust with corresponding stewardship obligations involving the BC DC state lands trust Commission and the city itself. Okay. Second, the staff report formally documents a long history of operational, regulatory and code enforcement concerns. including administrative citations, fire and electrical concerns, unpermitted uses, floating dock issues, short-term rental concerns, and repeated involvement by multiple city departments and outside agencies. To be fair, the historical record does reflect periods of cooperation and partial remediation. However, The larger pattern remains one in which repeated oversight and intervention were required over very long periods of time. 10 or 15 years. Third, the administrative record remains incomplete. Okay, the city has acknowledged that additional public record act materials and internal communications responsive to pending requests will not be produced until after tonight's meeting. The staff report also notes unresolved question concerning inspections, reserve funding, insurance compliance, operational capitalization for the proposed assignee entity. Under these circumstances, I would request respectfully request that the Council should proceed cautiously and avoid creating the appearance that this decision is being rushed before the final and regulatory record is complete. I also believe it's important to recognize that the Richardson Bay anchor out crisis has placed difficult pressures on both the city and marina operators, and that some temporary accommodations may have emerged from these circumstances. However, temporary humanitarian compromises should not substitute for clear enforceable long-term operational standards governing public trust and marina property. At the same time, the city council recently has invested substantial public resources into the adjacent waterfront improvements in dumpy park, including wetlands restoration expanded public access. This further increases the importance of compatible marina stewardship. maintenance standards and long-term waterfront planning in this area. Sausalito's waterfront is not only an economic and recreational asset, but also an important part of the city's historical maritime identity and public character. The standards applied to longtime stewardship of marina properties inevitably shape how residents and visitors experience the waterfront for decades to come. If the city ultimately decides to choose to approve this assignment, I strongly believe the assignment should include substantial tied directly to BCDC compliance, public trust obligations, maintenance standards, electric and life safety inspections, environmental safeguards, occupancy standards, reserve-backed maintenance funding, periodic reporting requirements and meaningful inspection and enforcement capabilities. The city's own report now demonstrates why ordinary boilerplate compliance language may not be sufficient for marine operation with this degree of regulatory complex and complex complexity, excuse me, an oversight history. Excuse me. I would also note that the experienced Marina operators with substantial backgrounds in waterfront operations, including organizations familiar with B.C. D.C. and public trust compliance do exist within the marine industry. So the city, therefore, need not feel compelled to proceed prematurely before factual and regulatory record is complete. Ultimately, this decision is larger than any individual transaction. It concerns long-term stewardship of Sausalito's waterfront, the integrity of public trust obligations, and the standards the city intends to apply to public trust marina properties going forward. Thanks for your time. Sorry, I went over. |
| 00:40:24.29 | Jill Hoffman | . |
| 00:40:24.46 | Robert McCullough | Thank you. |
| 00:40:24.55 | Jill Hoffman | Okay, thank you very much. Alice Merrill followed by Sophia Collier. |
| 00:40:31.53 | Alice Merrill | Hello. Um... I'll just dig right in to my notes. I understand that Ms. as the sole owner, is perhaps given to her because then all the liabilities don't carry on. I understand that she is Mr. Rizavi's. partner slash wife something, and they have twins. And so this whole thing is their little family thing, which is fine for people to do, but it was done in a hurry. And it was done because people are saying something. they're trying to get out of things. So that would be why no bank account perhaps. I'm going to say something that's not going to be well taken. The Flynn family has been operating here and has connections here, owning homes and families and the whole picture for a long time. And for them to their hands of this just because somebody, I mean, they didn't say they were selling, they didn't say they were interested. Why did they not, why didn't they? It's really discouraging to think that a family is willing to just throw in the towel of something their family has owned for so long, but also something that's supported and sustained their family. And to just not even tell people that they're thinking of selling. I don't get it. I don't get it. So that's just my little thing. I don't understand. people. So, I think that there are people in the harbor who would actually form a partnership and purchase the property. And then it could be a group effort. What are those called? And that it would be wonderful. It's a very close family group down there. And I've had my boat. since just before my father died, but that boat was there for probably another 15, 20 years. So it's like 30 years and it's been happily there and taken care of. I don't understand why somebody can do this. Um, And the last thing is the property that Razafi owns now was specifically left as a low income in the previous housing element because it was low income. And therefore, the city council, I remember it, said, let's not rock the boat with these guys because they're low rents, and we can count that as our low-income housing. And now it's not low rents. It's much more than low rents. It's not low-income housing anymore. And And You know, Pelican is in a way. Thank you. |
| 00:43:34.81 | Jill Hoffman | Thank you. Sophia Collier followed by Skip Cleggar. |
| 00:43:40.87 | Sophia Collier | Yes, thank you so much for the opportunity to speak about this issue. And thank you so much also for having the hearing. Obviously, this is a matter of a lot of interest to a lot of people. And I want to emphasize on behalf of Save Our Sausalito that this is not an interest just to the folks that live or who are involved renting births or participating at Pelican Harbor. Pelican Harbor is a treasure that many people love, looking over it, walking on it, and being proud of it for many years. So it's very important, the points that Rob made, how it defines, our waterfront defines Sausalito not only for ourselves, our own pride, but also for visitors that come here. So it's very important. The decision that you have before you is a very important one. You are asked to function as a fiduciary with a public trust, something very, very important. And listening to the record that we heard just a moment ago from our assistant city manager, this file is in no way ripe for action. There are many unanswered questions, and I think it would be very easy to actually write up findings about why a no decision would be justified. So I think that this is a very important thing that you're working on. It's very important not to just think, gosh, let's put some findings on this or let's put some conditions on it and say, okay, maybe we'll be able to work with them this time. I think the city has tried, it sounds like from what I've heard, the city has tried to work with this party and with limited, incomplete success. Wouldn't we love to hear the record of an operator who came in with a great record coming in saying, hey, we were doing all of these things to support our tenants, to support the people of the community, to be pollution aware, ending the environmental issues. Wouldn't we love to hear that instead of finding out a person who is, you know, I don't know what happened there, why they were put in jail, but obviously that's an indicative of a problem. So I think we need to take account of the facts we hear and really take account of the voices that we'll hear before. One of the comments that our assistant city manager made was that we didn't know how to credit the information given by the folks who had come in just with their own statements. Okay, possibly they can't be confirmed by a writing of some kind of city agency or official agency, but we have to credit what they say. They are telling the truth. This is something we need to really take account of. And these are the real voices of Sausalito. You know, these are our best people here. So thank you so much. |
| 00:46:20.00 | Jill Hoffman | Thank you. Skip Klaeger followed by Paul Donnelly. |
| 00:46:28.74 | Skip Klaeger | I'll be very brief. I can, I'm happy to yield my time to the next. |
| 00:46:30.75 | Jill Hoffman | We can't. Oh, that's great. But if you speak into the mic, then we can all hear you. |
| 00:46:37.97 | Skip Klaeger | I'm happy to yield the rest of my time. members of the council, mayor, The members of Pelican Harbor without exception. object to the buyout of Pelican Harbor By Bridgeway Marina. in my poll, not a single individual |
| 00:47:03.62 | Skip Klaeger | objected without strenuous objections. We are concerned by the un- |
| 00:47:16.18 | Skip Klaeger | by the uncorrected violations and the aesthetic state that affects tourists, diners, and all of us. in weighing your decision, Please consider your legal exposure. The voters that support and elected you and the preservation of the world-class waterfront. Thank you. |
| 00:47:39.60 | Jill Hoffman | Thank you. Paul Donnelly followed by Allison Diehl. |
| 00:47:46.82 | Paul Donnelly | Thank you to the members of the city council for considering the issues relative to Pelican Harbor and a shout out to SOS for featuring tonight's council meeting in their stand up with email that they sent out. My name is Paul Donnelly and I have been a resident in Pelican Harbor for 25 wonderful years and living there has allowed me to live and work in this area and I love it. I am concerned about the harbors pending sale to a new owner. As we know, the city's consent is critical to the sale, giving the council both the authority and the obligation to carry out and examine any perspective only before the sale proceeds. At a minimum, I hope that the marina facilities will continue to be kept at their current level of maintenance. And also I hope for some commitment that residents will retain the same quality of service and ability to remain in our marina. in Marina community. Please help ensure that any prospective new owners demonstrates a strong financial and marina operational track record, as well as an obligation to the residents health, safety and stability. Thank you. |
| 00:49:07.42 | Jill Hoffman | Thank you very much. Alison deal. followed by Lauren Drimmer. |
| 00:49:12.80 | Allison Deal | Hi, my name's Allison Deal. I've lived in the harbor for over 30 years. And I have two points that I'd like to bring up. One is that the end of Johnson Street is a wonderful little area of our city that is so special. Every year we have seals that give birth to baby seals and they, they hang out and they float on the floats and they, they bask in the sun on the submerged tanks. And it's a, it's a beautiful place where tourists come and people from all over town and from all over Marin come down there just to, just to see this amazing thing that is not available really anywhere else in our town. And I'd just like to say that I hope that we can preserve that because it is so unique at the end of Johnson Street there. The other thing is I'm concerned about the maintenance of our harbor. The first thing that these people have done is to fire our harbor master, who is the person that maintains our harbor. And I think right there, that we're seeing what's gonna happen is that the first thing that they did was to get rid of the person who's going to maintain our harbor. And as far the harbor master, takes care of everything. They watch over the docks. This is an old harbor. It needs a lot of maintenance. And during storms, anyway, there's a lot of things that need to happen. And we need a harbor master. We've always had a harbor master. The other marinas have harbor masters. It's something that should just, in my mind, be required. And so I hope that you, if it's possible to make it, that you would have. a way for us to have a Harbor master. Thank you. |
| 00:51:06.20 | Jill Hoffman | Thank you very much. Lauren de Remmer, followed by Ian Fletcher. Hi, Lauren. |
| 00:51:13.51 | Lauren Deremer | I'm not ready, but that's okay. Thank you. Bye. I'm Lauren Deremer. I've lived in South Africa my whole life. And I own a classic wooden motor yacht called Tautira that's been in Pelican Harbor for a total of 33 years between my late partner Dana Hayden and myself. I want to speak to something, and that's the fact that you might have seen, I was quoted in a Marine IJ article that came out a day ago, and within the same day, Um, who this prospective buyer was also quoted in saying, there are no issues, everything's fine. That same day, I took time and went next door and took a lot of photos which i think the city clerk has one of the main ones that i took that shows neglect electrical hazards and that it's clearly present day out of compliance, regardless of the other additional items that we have against this, um, against this property owner in the last decade. Um, This is a big issue. I've worked in four maritime businesses in Sausalito and the license hundred ton captain. And it took me 15 minutes. And so this is either this is either negligence or it's where he's hiding this. I'm not really sure why he said that. So I'm really struggling to, I'm really struggling with trust. I'm really struggling with respect when I see something like this. So, I just ask that in addition to the fact that this is impacting really amazing tenants and people that are strong community in this town, I'm not sure. likely displace many of us. And my personal feelings about that, this is not about rents going up. This is about a missed opportunity to find a qualified person to see through the future of our marina and the future of that whole area of our waterfront. I have personally been there every northerly rescuing anchor outs, rescuing boats that come over from that marina. I have seen waste in the water. I have seen... I have heard arguments in that marina. Sound travels very easily over the water. And... I'm telling you, if you put something cheap like cement there, it's going to be marina all over again, it's all gonna crack. We need quality treated wood, we need potentially a very small, breakwater by the 30-foot row but on the other side of the seals that also considers the Marine Protection Act. And we need someone that's going to invest in the property, not their pockets. Um, And I'll just end by saying that that is... extremely important to me. You guys all know this and I think that my these pictures speak for themselves I'm so proud of all of you for coming. Thank you for being here and thank you for listening. |
| 00:54:03.56 | Jill Hoffman | Lauren, if you don't mind, Ms. Cox is remote. I don't know that she can see what was on. If we could go back to the slide and we're from where we sit, we can't really tell what's there. Could you in word describe what this picture shows? |
| 00:54:22.29 | Lauren Deremer | Yes, I found shore power cords that were disconnected from homes dangling on the side. I found a lot of telephone wires incorrectly spliced, shore power connected to each other without adapters. I saw hazards in the dock of pieces of wood lifting up from the dock where someone had physically told me they just hurt their toe. And I guarantee you if you talk to these tenants without their property owner pressuring them, they will give you a completely different story. So I urge you to do that. |
| 00:54:54.71 | Jill Hoffman | Thank you. Ian Fletcher followed by, |
| 00:54:55.11 | Lauren Deremer | Thank you. |
| 00:54:58.59 | Jill Hoffman | Fred Moore. That's the last card that I have. If there's anyone else wishing to speak in the audience here, please I see one more, thank you. And then Ms. McDougall, I think is waiting in the wings and there may be others. Sure. Mr. Fletcher, thank you. |
| 00:55:19.01 | Ian Fletcher | My name is Ian Fletcher and I am a non-live-aboard tenant at Pelican Harbor and I oppose this transfer. I believe there are two key issues. The first is whether the city of Sausalito is under a legal obligation to transfer the Tidelands lease to Cameron, Razavi, and or Pelican twins. The second is whether it's sound public policy to do so. And I believe the answer to both questions is no. The staff report to the city asserts that Sausalito, per California Supreme Court case, Kendall versus Ernest Pestana. has an obligation to transfer the lease. but I respectfully submit that this is a misreading of the law. Thank you. Kendall does not prohibit refusing to transfer a lease. It merely prohibits same in the absence of a reasonable objection. Government lessors such as the city of Sausalito face many reasonable public law constraints that private lessors do not. For example, cities commonly refuse lease transfers because of procurement rules, public use restrictions, airport regulations, bond covenants, federal grant assurances, conflict of interest rules, charter requirements, and statutory limits. on the leasing of public lands. In the present case, California's public trust doctrine holds that tidelands, submerged lands, and navigable waterways are held by the state in trust for the public. So when the state grants tidelands to a city, port, or other local agency, that local entity becomes a trustee and must manage the land and revenues for trust purposes per Public Resources Code section 6306. This land is not ordinary municipal real estate to be disposed at will. And it follows. follows that it is perfectly reasonable for Sausalito to refuse to transfer the lease. Mr. Razavi's modus operandi and intentions are evident from his ongoing violations already noted by others, to convert Pelican Harbor into a nautical slum of over-credited, overpriced, quasi-derelict boats to take advantage of tenants suffering from the shortage of affordable housing in the Bay Area. Pelican Harbor is not some distressed property that will cease to function if it is not rescued by a single irreplaceable buyer. It is a commercially viable marina which could easily be sold to another investor. And there is therefore no reason to tolerate transfer of this marina to a demonstrably unsuitable owner. |
| 00:58:02.96 | Jill Hoffman | Thank you very much. Fred Moore followed by Chris, I think it's Langton. All right. And I don't see any other cards coming from the audience. Okay. Mr. Moore. |
| 00:58:17.44 | Fred Moore | Good afternoon, Mayor, Vice Mayor. Obviously, this item impacts a critical city resource, and I thank each of you for all the time and effort you put in going through this vast amount of material and understanding all the material. To me, there's some obvious considerations. Section 7 of the LEAF talks about the financial ability of the assinee to ensure proper maintenance of the property and dredging. That may or may not be case with this assiny section 11 of the lease talks about the tenants indemnification obligation. Again, unless the indemnitor is financially solvent, it's less protection for the city. It would be less than ideal. Obviously lawyers have provided you with legal opinions of your statutory and case law applicable to the landlord's ability to agree to an assignment or not an assignment. And probably you have four or five different opinions from two lawyers. To me, it seems obvious that the council should answer the easy question. If this was the original tenant, would you sign the lease or would you find another tenant? I appreciate your stewardship of the city resource. Thank you. |
| 00:59:23.53 | Jill Hoffman | Thank you, Mr. Moore. Chris Langton. |
| 00:59:28.03 | Chris Langton | Yes, good afternoon. Thank you for letting me speak. I live in Pelican Harbor. I moved to Pelican Harbor from Bridgeway Marina in 2010. I left Bridgeway Marina because I was very disappointed with the maintenance of the facility. And I just happened to have my application for Pelican Proved. So I would like to say that, The reputation that Sausalito has around the world as a which is famous for its nautical history, its nautical knowledge, the history and the war effort, the marine industry. These are all part of the identity of Sausalito. In Pelican Harbor, I don't think you will find a higher concentration of nautical marine Mariner, navigational, sailor expertise than anywhere else in Sausalito. Many of these boats, almost all of them are functional. They go out all the time. They are real sailing boats. The people on them are boaters. They know what The responsibility of a sailor and a mariner is, especially in home port, The residents of the Bridgeway Marina It's an apartment complex. They are not boaters. They are almost entirely houseboats. When the tourists come and walk down the docks, They get to talk to real boaters. They get to talk to real. Many times people stop by my boat and they ask me what it is. They start telling me stories about their sailing history, about their marine adventures. I also have been a boat builder in the past. People talk to me, boat builders come by. They respect the marine industry. They're going to find in Pelican Marina, it's a tremendous jewel in the crown of Sausalito history. It's the expertise that... and the character of the people who live there in terms of, the Marines and the nautical environment that has been Sausalito's history forever. And I would just like to say that If this transfer goes through, that's going to disappear. |
| 01:01:45.66 | Jill Hoffman | Thank you. Thank you very much. |
| 01:01:51.64 | Jill Hoffman | No other speakers in-house. Oh, we do have one. It's okay if you approach now and state your name, we'll take you in. |
| 01:02:00.83 | Diane Johnson | My name is Diane Johnson. I am not a member of the... Harbor, but I live up in the hills and I appreciate the harbor and it's a big part of Sausalito. I just didn't want to repeat what everyone else was saying, but I think there were some really cogent comments tonight. And I think it's really important for the council to consider this being a part of the character and the quality of life in Sausalito. Thank you. |
| 01:02:27.73 | Jill Hoffman | Thank you. And we did receive your written comment. Anyone online wishing to comment? |
| 01:02:34.28 | Walfred Solorzano | We have Babette McDougall. |
| 01:02:35.80 | Jill Hoffman | Ms. McDougal? |
| 01:02:39.65 | Babette McDougall | Thank you, Mr. Mayor. Thank you, counsel. So once again, let me say, that I appreciate that you allowed this hearing to take place because it does allow for the residents. and the people who are Sausalito. As Ms. Collier aptly pointed out, these are the people of South Salado. So are the hill dwellers. We are all, the people of Sausalito, including now Ms. Collier herself, who finds residents right here too. So we all matter. Keeping your people safe is really what the city is all about. Now, I'm really glad that Brandon did put together this report. It's important to have a very concise definition of why we care about the tidelines issue within this context. But I think it's been aptly pointed out, and I thank your first speaker, the gentleman. who rightly said, Ed. Well, don't we have to look at a reasonable prospect, not just any desperate prospect, but because of the trust of the people, a reasonable prospect. And I will say the larger... Problem here is how to exercise your authority. First as fiduciary agents, as has been suggested, but also as stewards of the community and every one of us that live here. You are, after all, elected. as representatives at large. Therefore, I beg of you. Please be mindful. that it is contiguous to our most important town park. Every park in our town isn't important. Most important town park. This one is equally most important. We must remember this. And this is the last of our shorelines. Don't forget. And our character of this community is defined by this access to freedom. the eyes that take in freedom every time we look at what's before us. You want to bugger that? then you're going to bugger the town big time. And nobody's going to, as has been said many times to you personally, within the context of this council, Don't expect to be well remembered if this is what you're prepared to do. just to put money in your own pockets. or the perception that you think by transferring this kind of business license for that kind of use tax can somehow offset the damage you're doing to the integrity of this community. I yield back my time. Thank you. |
| 01:05:04.72 | Jill Hoffman | Okay, anyone else online? |
| 01:05:07.05 | Walfred Solorzano | Yes, next we have Sandra Bushmaker. |
| 01:05:09.55 | Jill Hoffman | um, Ms. Bushmaker? |
| 01:05:13.65 | Sandra Bushmaker | Good evening, counsel. Thank you for having this important, important uh, session tonight. As you heard, you know, this Pelican Harbor is a very important environmental Jewel here in Sausalito. I have had my boat next door to Pelican for over 30 years on ADOC. So I'm an immediate neighbor of Pelican Harbor. And I really treasure Pelican Harbor. It's and it's maritime history and maritime knowledge. It's really a valuable asset. I want to endorse Mr. McCullough's comments, and I also want to endorse the comments of all the other speakers tonight. And I want to also say to the council as a fiduciary of This land. in Sausalito. Please do not enter into a real estate deal. was someone with the track record of this applicant I think that we can do so much better And for you to knowingly enter into a contract a lease transfer of these lands to someone with this history is really reprehensible. Please do not do it. Thank you. |
| 01:06:33.77 | Jill Hoffman | Anyone else? I think there's more comments online, please. |
| 01:06:40.22 | Walfred Solorzano | Next we have Tom. |
| 01:06:43.20 | Jill Hoffman | Tom, could you state your last name? Yes. |
| 01:06:46.00 | Tom Bria | Yes, thank you, and thanks to all of you. My name is Tom Bria. I have been a slip renter, leaser in Pelican Harbor for 26 years, and so I really don't have the same investment as a lot of those people you've heard from that I talked about that actually live there. That's their home. But if this property is converted into the same sort of slum that I see just to our northwest, I will simply move out. And I think many of the people who I've talked to in the harbor would do the same thing. So we hope very much that this will not go through, and we wish you the best in making a good decision. |
| 01:07:29.90 | Jill Hoffman | No more public comments? No, there aren't. |
| 01:07:34.67 | Walfred Solorzano | Mercedes |
| 01:07:36.59 | Jill Hoffman | you Do your best. |
| 01:07:38.96 | Walfred Solorzano | I think it's all one word. Mercedes Hotchstattler. |
| 01:07:43.65 | Jill Hoffman | Mercedes, could you please state your full name so we... |
| 01:07:43.67 | Walfred Solorzano | There you go. |
| 01:07:44.38 | Mercedes Hostetler | Thank you. |
| 01:07:48.49 | Jill Hoffman | We can hear you. |
| 01:07:48.78 | Mercedes Hostetler | Bye. Hello, council. Can you hear me? |
| 01:07:51.93 | Jill Hoffman | We can, and if you could please state your full name. |
| 01:07:54.53 | Mercedes Hostetler | Hi, my name is Mercedes Hostetler. And I appreciate and thank you for the opportunity to speak on behalf of Pelican Harbor residents. I'm a resident of Grass Valley, California, but I've had the privilege of docking my boat at Pelican Harbor for almost five years. During this time, I've witnessed a community and management team that go above and beyond to care for the waterfront. Ecosystem, wildlife, and one another. The Pelican Harbor community is an incredible example of what it means to be responsible stewards of the waterfront. It would be a shame for this beautiful city to allow standards to decline due to the changes in management of the harbor. Thank you for your consideration. |
| 01:08:39.79 | Jill Hoffman | And Mercedes, we did receive your, and it's part of the record, your written comments. Thank you. Thank you. Anyone online? |
| 01:08:40.74 | Mercedes Hostetler | did. |
| 01:08:45.07 | Walfred Solorzano | Thank you. No more comments online. |
| 01:08:48.08 | Jill Hoffman | Okay, so back to the dais and remotely, Ms. Cox, you have your hand raised. |
| 01:08:54.81 | Walfred Solorzano | Thank you. |
| 01:08:54.83 | Jill Hoffman | Thank you. Sort of a point of order, Mayor. I received correspondence this afternoon addressed to you and the council from Mr. Cameron Rozavi announcing that he would be present at this evening's meetings. to speak. And I wanted to be sure if he was present, he had the opportunity to speak. |
| 01:09:12.70 | Jill Hoffman | I do not see him in the room. |
| 01:09:14.66 | Jill Hoffman | Thank you. |
| 01:09:14.67 | Jill Hoffman | Thank you. Thank you. |
| 01:09:15.23 | Jill Hoffman | Um, |
| 01:09:15.67 | Jill Hoffman | Thank you. |
| 01:09:17.73 | Jill Hoffman | So then for the record, I'll just state he was made aware of this hearing. He wrote to us his intention to speak, and I'm surprised not to see him. Thank you. |
| 01:09:28.31 | Jill Hoffman | Okay. |
| 01:09:28.70 | Jill Hoffman | Thank you. |
| 01:09:29.64 | Jill Hoffman | Thank you for that comment. Thank you. |
| 01:09:31.51 | Ian Fletcher | here. Mr. Rezavi is here. |
| 01:09:33.86 | Jill Hoffman | I understand that. And that's what Ms. Cox was simply at requesting. |
| 01:09:41.34 | Jill Hoffman | Yep. |
| 01:09:41.64 | Jill Hoffman | Your hand is still up. Do you wish to say anything more? |
| 01:09:43.93 | Jill Hoffman | Not right now. Thank you, Mayor. |
| 01:09:44.52 | Jill Hoffman | you Just so we're all clear what's before us, there is a lease. And the and we are the stewards of some of this land. I'm not sure if you're We recognize that. and some of the land that is subject to the lease. And we have been asked, to approve an assignment of our, in effect, our portion that we're responsible for that is a subject to the long-term lease. So that's the issue before us. And I just would outline, we have choices tonight. One would be to approve. The other would be to disapprove, perhaps with some, approve with some conditions, or continue the matter for more information. |
| 01:10:20.05 | Unknown | We have been |
| 01:10:35.54 | Jill Hoffman | That's just a range of possibilities and I'm not advocating anything in particular right now, but I just to make it clear to the audience what's before us. So having said that I'm going to ask fellow council members if they wish to make any comments at this time. Sing nun. Okay. Ms. Hoffman. |
| 01:10:55.59 | Jill Hoffman | Thank you, Mayor. I'd like to thank the staff and the city attorney for their collective work on evaluating the request for the transfer of the leases before us. This is essential work that they've done. And also the public and the members of the public and everybody who sent in emails and information for us. There appears to me to be ample and sufficient evidence presented in the staff report and briefings that we've received. that supports a decision by the city to withhold consent for assignment of the leases, and I'm inclined to support a motion to that effect. |
| 01:11:27.50 | Jill Hoffman | Okay, Ms. Cox, since often you sit to my immediate left and you are often the one to prepare emotion. |
| 01:11:38.04 | Jill Hoffman | Thank you, Mayor. I agree with Councilmember Hoffman. Um, And I also will note that the staff report pointed out, various outstanding items that have been that are really required for us to be able to consider before we are able to feasibly and reasonably provide consent. And therefore, I will make a motion that we deny the request that we I will move that we ask the city attorney to prepare a letter for the city manager's signature to the applicant explaining the basis upon which we are unable to, in a commercially reasonable manner, approve the requested assignment. And the basis would be the comments from the community, as well as the key outstanding items that would be required for consent that were laid out by the assistant city manager and his staff report. |
| 01:12:49.81 | Jill Hoffman | So there's a motion. This would be to direct the city attorney to work with the city manager to prepare a letter and use the word unable and may I suggest a friendly amendment that we are not approving. |
| 01:13:05.56 | Jill Hoffman | Agree. And I would ask that the that that letter be prepared forthwith and that a copy of the letter be placed on our consent agenda for next Tuesday for ratification. |
| 01:13:21.34 | Jill Hoffman | Is that motion understood? |
| 01:13:22.79 | Jill Hoffman | That motion is understood, but I don't think we need to put it on consent. I think we could just give direction that that be carried out. I think city attorney, can we? do it that way. |
| 01:13:33.25 | Jill Hoffman | We can do it one of two ways. I'm just thinking out loud. We can ask the city manager during his report time at the next meeting to report on it. I accept that amendment. |
| 01:13:42.50 | Jill Hoffman | Accept that amendment. I accept that friendly amendment. |
| 01:13:44.28 | Jill Hoffman | Yes. So he would simply prepare a report. Correct. You would all see, um, |
| 01:13:48.88 | Jill Hoffman | Correct. |
| 01:13:53.68 | Jill Hoffman | next week. |
| 01:13:55.24 | Jill Hoffman | Yeah. |
| 01:13:56.03 | Jill Hoffman | Thank you. |
| 01:13:56.37 | Jill Hoffman | Before, there's a motion. Is there a second? |
| 01:14:00.57 | Jill Hoffman | Second. |
| 01:14:01.35 | Jill Hoffman | Okay. And I just want to ask the city attorney and the city manager if what we're suggesting is doable. |
| 01:14:11.50 | Sergio Rudin | Yes, procedurally and time wise, I think we should be able to get a letter prepared and sent to the requester. by the timeframe outlined on Tuesday. And additionally, I think the council's direction on this is sufficiently clear. in terms of what the record is you know, states and what the council's reasons are so. |
| 01:14:36.92 | Jill Hoffman | Very well, there's a motion and a second. I'm not sure there's any need for further discussion, but I'll ask if anyone wants to say anything more. So we need a roll call on the motion. |
| 01:14:49.12 | Walfred Solorzano | Councilmember Cox. |
| 01:14:50.69 | Jill Hoffman | Yes. |
| 01:14:50.92 | Walfred Solorzano | Thank you. Council member Hoffman? Yes. Council member Sobieski being absent. Vice mayor Blaustein? Yes. Mayor Woodside? |
| 01:14:58.65 | Jill Hoffman | Yes, that's the decision tonight. The city attorney and the city manager have their work cut out for them. But thank you all very much for what you submitted and what you said tonight. We appreciate it. Thank you. |
| 01:15:22.77 | Jill Hoffman | The meeting's adjourned at 10 minutes after 6, well ahead of what we thought might be going on longer. So thank you also for being brief and to the point. |
| 01:15:29.92 | Unknown | I'm sorry. |
| 01:15:41.99 | Unknown | you |
| 01:16:55.63 | Unknown | . |
| 01:17:12.35 | Unknown | you |