 We're going to go ahead and call tonight's meeting of the Capitola City Council to order. Can we have a roll call please? Yes, Mayor, can you hear me? I'd like you to unmute your microphone. You can press star six to unmute. That's my bottom floor. I'm muted. Thank you for your patience. Council Member Bertrand. Attending. Council Member Bautorf. Here. Council Member Story. I have been. Vice Mayor Brooks. And Mayor Peterson. Here. Thank you. And before we move forward, I'm going to go ahead and turn it over to you, Chloe, for the information about how people can participate in tonight's meeting. Thank you. Hello and welcome to the council meeting in accordance with the current Santa Cruz County Health Order and the governor's executive order and 2920. This meeting is not physically open to the public. Council and staff are meeting via zoom and there are several ways for the public to watch and participate. Information on how to join the meeting over zoom or with your phone is available on our website cityofcapitola.org. On the slides now shown and on the published meeting agenda. That's all. Thank you, Mayor. Thank you. We did roll call. So let's move on to the Pledge of Allegiance. I pledge allegiance. To the flag. Okay. And to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Right. Thank you. We are going to move on to presentations. It looks like we have a presentation on Children's Cancer Awareness Month. Hi, my name is Kasella. I work for the Children's Cancer Support Service on behalf of our families and our staff. We would like to thank you for for your support. And like the Brooklyn. September's childhood cancers. Awareness Month. And I want to thank the city of Capella for supporting us. Thank you so much. Thank you. Thank you for bringing that to our awareness. September's Children's Cancer Awareness Month. And we're so glad that you were here to share that with us this evening. Thank you. All right. Okay. Thank you. Is there nothing else on our presentation? We will move forward to item three additional materials. Is there any additional information for tonight's meeting? There were no additional materials received. Okay. Great. Thank you. Are there any additions or deletions to tonight's agenda? Also changes. Okay. So we have a couple of questions for the public to address the council on items that are not on tonight's agenda. I'll turn it over to our moderator to let me know if we have any attendees raising their hand or any emails that came in. I do not see any hands raised and I do not see any emails. All right. Thank you with that. We'll move on and we'll close public comment and move on to city council and staff comments. All right. Thank you. Good evening, mayor, council members. I wanted to let the public know that the capitol of public safety and community service foundation is hosting a fundraising campaign in order to raise scholarship funds for the application of funding. We are hosting a fundraising campaign in order to raise scholarship funds for the out of school time program that is serving school age children and working families by providing distance learning programs and recreation activities. I think that it's interested in donating to that scholarship fund that they can go to the go fund me website and search capitol recreation. And they will be navigated to the fundraising campaign. Great. Thank you so much. Additional staff comments. All right, hearing none, we'll bring it back to council and I see that vice mayor Brooks has her hand up for comment. I think the visibility of trauma and death at the hands of racial injustice isn't doing as much as it should be. I'd like to encourage all of you to ask yourself, are you an ally of the Black Lives Matter movement? Are you part of the problem? If you think there is not a problem in capitol or just want to learn more, I would encourage everyone to attend a community forum being put on by our residents of capitol. And also, I'd like to take a moment to acknowledge just a few of the people that have lost their lives to racism. Eric Gardner, Isal Ford, Michelle Cusso, Tanisha Anderson, Tamir Wright, Natasha McKenna, Walter Scott, Betty Jones, Philandra Castile, Awesome Jean, Attotiana Jefferson, Eric Reeson, Dominique Clayton, Breonna Taylor, George Floyd. Thank you. Thank you vice mayor Brooks for those important comments and thank you also for your participation as well as the city manager and the police chief for participating last week in a community conversation about racial justice. It's so important to have you all there and I received feedback from some of the organizers saying how grateful they were to have our city leadership presence at that kind of conversation. So thank you again for bringing that to to the forefront of our conversation by Sam Brooks. I don't see any other hands up. Seeing none, we're going to go ahead and close our council comments and bring it to our consent calendar. All the items on tonight's consent calendar will be enacted by one motion in the form listed on the agenda. Unless any member of the public or any city council member wants to remove an item for separate consideration. And it looks like council member Bertrand you have your hand up you want to remove an item. No, I just have a simple question. Okay, I guess Jamie, this is addressed to you or whomever is appropriate on your staff. I am seven D dealing with the grand jury response in terms of risks and preparedness. So if you can't answer that's fine. But I noticed many. Well, first of all, that whole message was quite interesting. And I need to go over a little bit more. Many of the responses have to do with, you know, the things that were brought up. I think we're fairly decent in terms of risk management and preparing for things that may be a risk in terms of our revenue, for instance. And we don't have the staff and the time and the bandwidth and I totally understand that. Is there any effort that the county is doing that we could be a part of or, you know, maybe that could be brought up at the mayor's committee. When you meet because, you know, this I think is a broader function. Not just something that could be adequately done for our small town, which is the smallest and kept in Santa Cruz. I'm happy to respond. But before I do, I think I'll just ask the mayor, do you want me to just respond? Or would you like a little bit of a staff explanation? Do you want to move on the rest of consent and then how do you do it later? Yeah. Let's get the answer to this question just briefly and then we can can move forward. But I do want to clarify. I don't have the mayor. There is no mayor committee on risk preparedness. Well, no, just the normal one during the year where you bring up subjects for the county and anyone else to that mayor committee. The selection committee. Okay. Yeah. Thank you. Yeah. City manager Goldstein, if you could just briefly respond to that and then we can can move forward. Sure. So very quickly, grand juries are groups of citizens that are a panel to look into operations for government operations for. Whether it's a fraud or improper use of public funds. And so our current grand jury was in panels and they wrote a report entitled managers of risk or victims of risk rocked by the shocks. And this report was directed to all the city in in Santa Cruz County as well as the county. And I'm not going to do too much effort to try to summarize what they're finding. So basically, loosely, they were critical of the level of sort of risk analysis that jurisdictions were doing and suggested that some of the models used by the federal government could be employed here. So there were a number of responses that the city capital had to reply to and suggestions and so my staff work with staff and the other jurisdictions on prep on preparing a response to make sure that we were all kind of looking at this in a similar way. And, and so that that is we did coordinate with the county and the other cities on the responses. But I think more specifically, if you have a specific question, Council Member Bertrand, I could actually address if it was focused on one of the specific findings. Well, the way I look at it is in a sense, we're all in the same pocket, you know, whatever it is capital is going to hit Watsonville, you know, Santa Cruz County, Santa Cruz City, all of us, all of this area. So it seems to me in terms of risk management, we could get some direction from the from a county effort. Council Member, I'm sorry to interrupt. I just I'm looking at the agenda and we're supposed to any items that are pulled for separate discussion need to be considered following general government. And so if it was just a quick response, you were looking from the city manager, we can get that now. But if you want a further dialogue or conversation about how we can partner with the county, we're going to need to move that to the end of our agenda. Well, that's fine. My question basically I was trying to phrase it, is I'm wondering if the county has any effort like that or plan to do that. And then if they don't, maybe it could be brought up at the mayor selection committee. Oh, I, okay. As a subject. Okay. Yeah, we will definitely find out about that. Okay, that's fine with me. Okay. Cool. Thank you. With that, we will entertain a motion for our consent calendar. So moved. Moved by Council Member Bertrand. Do we have a second? I'll second. Seconded by Council Member Story. Can we have a roll call vote please? Yes. Council Member Bertrand. Aye. Council Member Bautorp. Aye. Council Member Story. Aye. Vice Mayor Brooks. Aye. Mayor Peterson. Aye. Motion carries unanimously. Thank you. We'll move on now to item 8, general government public hearings and we'll start with 8 a budget update and I'll turn it over to staff. Including mayor and council. So as the mayor just mentioned, this is going to be a fiscal year 19 20 year in budget update. And then from this budget update, we're also have a couple of staff recommendations from budget amendments and fiscal year. 2020 one, which I'll cover and then summarize at the end. Let me share my screen with you. Can everybody see that? Okay. I'm not sharing. Yeah, I don't see anything. Where's Larry? Well, we need him. I'm right here. If you're having trouble, you want me to just, I can put it on my screen. Yeah. Absolutely. Yep. Give me one sec. I think I might have it now. Okay. Is that better? No. Here we go. Okay. I guess you'll have to move the slides for me, Jamie. I will. Okay. Let's get started. First, I'm just going to go over a quick timeline. As you're all aware, our fiscal year runs July 1st through June 30th and we break those fiscal years down into four quarters. First, I'll start with fiscal year 19 20 quarter three. If you all remember in the third quarter of March 16th, the shelter in place orders were issued, which was basically just the last two weeks of that quarter. We didn't really know what the impact would be to sales tax until May 20th, which is important. If you go to the next slide, because we are working on our 2021 budget preparation and adoption. So we get the amount that we're going to get on May 20th. We don't actually get the data behind it and analyze by our consultant until generally five to six weeks later. So we're in budget preparation and adoption without really knowing the details of the third quarter sales tax and have zero information on Q4, which is typical, but a little more challenging when you're in a global pandemic. Next slide. Q4, which runs April through June May 1st, we began reopening some of the businesses that have been shut down. But again, we don't really know what the impact is on the sales tax front, which is 50% of our general fund revenue until August 20th. So we just got that data a couple of weeks ago, which kind of led to this meeting. Next slide. Q1, which began the fiscal year early July, some of those shelter and place restrictions were put back in place. Again, we won't get our sales tax number until November 20th. And we won't even really have an analysis of that data until probably if we're lucky late December, but with holidays more than likely early January, which is important because if you recall, we entered into some labor concessions and those are set to expire on December 26th. And we won't know what our Q2 sales tax number is until February 20th. So the plan right now is we'll get the number in late November and then they be back before council and early to mid December and review that as we prepare for kind of December 26th and how we get ready for our new year budget. Next slide. So by way of background, when the onset of COVID-19, we made some major revenue projections or reduced revenue projections to be for the primary was across the board, but these were the four primary revenues that we were looking at that would be impacted. So as you can see on the first one sales tax, we had reduced that budget by 50% for the fourth quarter of 1920 and then 21% for the entire fiscal year 2021. TOT 95% of the fourth quarter is 71% in this fiscal year. Recreation 95% of the fourth quarter 25% in 21 and parking 50% both in the fourth quarter as well as this fiscal year. In addition, in order to get some of the savings that we needed, we had six vacant positions when that for soon to be vacant positions when that shelter for shelter in place order came out of March 16th. And so we froze those six positions. We then entered into negotiations, seeking employee concessions. And during that time, we had three additional positions that were vacated. And then I'll touch on those a little bit later. And then since the beginning of this fiscal year, we've had one resignation and we've been notified of two potential retirements. So I'm going to go through each of those four revenues and just to kind of give you the format on that have adopted four quarter budget amount, what our assumption was and then compare that to what our actual receipts were. And then I'll go through the 2021 budget, the budget amount for those four revenues, what our assumption was, and then recommended changes if any for those projections. So first sales tax, our adopted fourth quarter budget was just under $2 million. We reduced that by 50%, which is $100 million. Actual receipts actually came in at $1.7 million lower, but it included $362,000 of one time payments, or not one time, sorry, prior period adjustments, which we always have prior period adjustments. It's just that much larger than what we normally get. We believe that 300 of the 362,000 360,000 is one time payments related to the deferral program that the state implemented. So we will be meeting with our sale tax consultant and see if that's actually what it is, but we're pretty confident that that's what that is. So that if we adjust our revenue, it's down to a little over 1.4 million, which represents a 29% reduction. So still much better than the 50% that we are originally projecting. For fiscal year 2021, our annual budget was 6.3 million, a little over 6.3 million, which is a 21% reduction. So not quite the 29, but we're starting to see some better performance. So these reductions in the fourth quarter are putting into earlier from the middle of March through June 30th. And what we saw was big reductions early sale tax, not as much the other revenues we did, and then they started to bounce back a little bit as we got into June, July, and now into August. So again, we will be meeting with our sale tax consultant that first week of October, going through all of that data and confirming if that $3,000 is actually one time payments as we suspect, or we're going to see prior period adjustment as we continue on through the shelter in place orders. So because of that, there's no budget in the amount recommended at this time for sales tax revenue. The next revenue is the TOT, our adopted fourth quarter budget was low over $410,000. That one we reduced by 95% down to $20,508. Actual receipts were a little over $119,000, which represented a 71% reduction. So again, that one we really saw where it took a hard hit in March and April and then started coming back a little bit in May, a little better in June and July and August. We're actually only down about 30%, August I'm not 100% sure, but I checked with a couple of our operators and they're down about 30%. So our adopted fiscal year 2021 annual budget was $475,000, which was a 71% reduction. But again, a lot of that 71% in the fourth quarter happened early on during the first six to eight weeks. So our revenues are really out casing the projection of 71% of a reduction. So for that reason, we're recommending two budget amendments. The first is to increase TOT revenue by 344,529. That would take us to 50% of what our adopted budget was in prior year. And that would increase general fund revenue, TOC revenue by just under $321,000. And then on the restricted TOC, $12,600 for local business groups and $11,000 for early childhood and youth programs. And with that $11,000 for the early childhood and youth programs, we're recommending a budget amendment to increase the outside of school time scholarship program by $11,000. If you recall, we budgeted, I believe, $14,500. And we have already given out that entire amount of scholarships and we still have a need for more, which is the reason for this recommendation. On the recreation fee side, about the fourth quarter budget was $269,000. We cut that by 95% down to just under $13,500. We had receipts of $28,000, which was a 90% reduction that excess revenue basically just kind of offset expenditures. A lot of what we were doing with junior guards and camp that started in June. So a little bit hit in June, but a lot more of that activity that we saw, the revenues are actually in this fiscal year. So our adopted fiscal year 2021 budget is $507,225, as far as recreational revenues, which is a 25% reduction from prior year. So far a year to date, as I mentioned a lot of that revenue that we saw for the junior guards and the camp programs that took place within this year. So right now, or through July, we had, or August, I'm sorry, we had $162,000 of revenue offset by $160,000 of expenditures. So this is when we want to continue to watch. And for that reason, no budget amount recommended at this time on recreation side for the fee. And then parking revenue, our adopted budget for the fourth quarter was $274,014. Again, cut that one in handoff down to $137. Actual receipts were $114,609, which was a 58% reduction. But again, those were looking better in the later months like June, July, and August than they were early on. So that 58% again has kind of spread out over that period. I believe, if I remember correctly, July was only down about 35%. Adopted budget for parking revenues was $428,963 for this fiscal year, which was a 50% reduction from prior to year. Again, we have seen improvement coming in. So I think the 58% that we saw on the fourth quarter is still a little bit on the high side. We saw improvement prior to the fire. That may have come down a little in August. But they were performing pretty well towards the break before the fire. So fiscal year revenues to date are only down 48%. So since we were at 50%, this is one that we want to continue to watch for the next couple of months and then discuss again when we come back to council in December. So no much demand recommended on parking revenue at this time. From the staffing perspective, again, at the onset of COVID-19, we froze the 6% positions that were vacant. Again, there's three additional vacancies that came up during those labor negotiations. However, savings from all nine vacancies were utilized when we prepared the 2021 budget. Since July 1st, we have the potential for three additional vacancies. Those include a police officer, parking enforcement officer, and senior mechanic. Those three positions are fully funded in the 2021 budget. And the recommendation from staff is to fill the three positions. The police officer is actually vacant now. So we'd like to start on that one immediately as they're already down. Another officer and a sergeant from the sworn side. And then the parking enforcement officer and senior mechanic at those retirements are final ones. On the staff training side, as you recall, we cut all non-reimbursable department training budgets were eliminated. So really the only thing we left in there from a training perspective was for the post training with police officers. So police officers are continuing with their training, but that's because it's reimbursable through the post program. However, we do have a city clerk and building inspector positions are filled by new employees. It didn't complete what would be their normal training when they come into those positions. So we're recommending a budget amendment for $11,000 for those two employees to continue their on the job training programs. And I'll break that out. I have summary in a couple of slides and I'll break that 11,000 out between the two positions. And then this is just for folks that are a little more visual. This is our org chart. And the boxes that you have up there in red are the frozen positions. And then for the police officer, there's actually the box around these officers has two positions, one frozen and one vacant. And then the boxes that are in blue, parking enforcement officer and senior mechanic are the two pending retirements. So just to kind of give more of an illustrative look to that. On the CARES Act, when we were doing the budget preparation, we didn't really have any information on CARES Act funding as far as what was going to be available to Capitola and what were the parameters as far as getting that money. So since the beginning of this year, we've now been allocated $124,805. They're paying it monthly installments, which started in July, so we have our first installments have come in. And we also learned that public safety salaries and benefits are considered reimbursable. So last week, I had to submit our first CARES Act funding report, which covered March through June and our public safety salary and benefit costs. As you can see, there are 4245 parties, the 124805. So we're confident now that we won't have to return any of that money that were fully qualified for reimbursements. Hopefully, there'll be another round that don't really help you solid your probation on that. But because of this right here, if you go to the next slide, staff's recommending two additional budget amendments. The first is to increase the grant revenue by 124805, which that's now really a solid number. And then on the expenditure side, increase janitorial services budget by $10,000. If that's approved, that'll take our janitorial services budget to $32,000, which is about 70% of what we traditionally budget for that category. Can I add, the purpose behind the janitorial service expansion is really to enhance cleaning the public restrooms. And the intent behind that is to freeze up our public works crews who are church staff. And on top of that, we aren't using our summer seasonal health that we usually use. So it'll free them up to do a lot more of the winter preparations that we typically do. So it's a relatively limited investment that we see addresses some of the issues that we've seen with all the cuts that we've had this summer. So this is the summary of the budget amendments. So on the general fund revenue side, you see the federal grants increased by the 124805, TOT revenue that would go to the general fund just under $321,000. And then the restricted TOT revenues, $11,000 for early childhood and youth programs, $12,600 to local business groups. On the expenditure side, city manager training, which is for the city court positions, $6,000. The general fund for rail services that Jamie just talked about for $10,000. CED or community development department training for the building inspector position, and then the $11,000 for the recreation OSC program on the scholarships. So fiscal impact, excuse me, from these budget amendments would increase general fund revenues by $445,734. Expenditures would increase by $32,000. And then if you remember, the adopted budget that we're operating under right now is actually drawing just under $100,000 out of fund balance. These budget amendments within structurally balanced our budget and have revenues exceeding expenditures by around $314,000, which would lead to an estimated annual fund balance at June 30th of $21,993,000. Now, again, we're going to come back in December and have, I think, some more discussions on that fund balance, but at this point staff thought was with still so many moving pieces going on that we didn't want to kind of over extend ourselves and then try to retract, which is why we didn't really dip in that. On the restricted TOT fiscal impact, increased revenue of $23,600, but again, $12,600 for local business groups, $11,000 for early childhood youth programs, and then increasing the OST scholarship expenditures from $11,000 to $25,800. For public comment? So. Oh, go ahead. I think this would conclude, right? The presentation. Yeah, I had the, I just had the public comment and the recommended action. Okay. The public comment will come out for council questions. So. Questions. And it looks like we do have Vice Mayor Brooks and then Council Member Boss will put some questions. So let's start with Vice Mayor Brooks. Thanks, Mayor Peterson. Just a quick question on page 229 of the staff report. I think there's a mention of the training associated with staff. It looks like they've mentioned of a $5,000 and $6,000. Can you talk a little bit about that? Yeah. So the $6,000 is the city clerk position and that number is derived from what we have done in the past for on-site in-person training. If this training moves forward more than likely it would be virtual and I don't think we would require the full $6,000. But if something changes between now, I think the first session is a little later this year or early next year. If something changes before then and they do live in-person training, we at least have the proper budget in a mile. And then the $5,000 is for the building inspector and community development department. And that is also based on previous trainings that we've done with other employees that have occupied those positions previously. When are the trainings taking place? The city clerk, if I remember correctly, is in the spring. Possibly late winter, early spring with the first session and then there's a second session I believe in late May or early June. On the building inspector, I do not know exactly when that is. So my question is if we're going to come back in December, what's the purpose of bringing this forward now with such? I mean $6,000 is pretty significant if no one's traveling any longer. I'm just wondering why this is being brought now? Why don't I take that question? So the reason why we were recommending it was simply because we're sort of developing, you know, one thing, people make plans relatively far in advance. And I also wanted to signal for these employees that the training that they normally would be getting is back on track. I agree that the figure looks quite high, particularly for the city clerk training, where really what we're talking about is probably going to be virtual training opportunities. So frankly, it was more if anything to signal to the employees so that they knew that they could plan on that and that we were committed to that position. But you're right, we don't need that funding. I don't believe until we could do it at the December date. All right, we'll go to Council Member Bossard and then Council Member Bertrand. Thank you, Mayor. I guess I'll direct this towards the city manager. It looks like in the TOC and the sales tax is depressed, but the most robust form of revenue of the parking appears. And I'm just trying to think if the only reason that it was down, or if you think it's the reason, but the question is, do you think the reason is down? So we're missing 40 to 50 prime time places and, you know, with that, is there any kind of analysis that you have that is those places per space, how would that fit into what we would consider a normal budget allocation? So overall, we look at parking revenue as Jim presented it, it was 58% reduced during the quarter last year, April, May, June, and so far this year we're running 48% down. During the April, May, June period, remember we had the upper and lower lots closed, it was shelter in place, things were just really quiet. So I would attribute, I think that what we're seeing now with the 48% reduction, my guess is a decent chunk of that is being driven by the loss of spaces for the outdoor dining. In general, those spaces, and correct me if I'm wrong, Public Works Director, just for about $2,000 in space is what they generate on an annual basis, those ones on the Esplanade right there. We can do some further analysis and bring it back to council the next time around. But I think that without a doubt, the loss of those spaces we're seeing in the revenue for sure. I think it's about $2,400 in space and you're pretty accurate there. And I think the number of spaces that we lost is about 50 spaces down along the Esplanade, so that's a good chunk of those spaces in the village. And I would speculate that not, it's probably not a one-for-one loss. You know, at some point those spaces were just, people were displaced and moved somewhere else. But the question is, were they moved into the Swenson lot and creating it, you know, money for him and not for the city or moved into that code, which probably has some traffic benefits for the city. But just, you know, in terms of meter rates, it's, you know, 30, 33% less I think in the upper and lower lots. Thank you. Right, and then council member Bertrand. Yeah, thank you. I was going to ask a similar question, and the second question I'm going to ask, because that sort of asked it, is this normal sort of revenue, is what we're seeing right now reflective of that? Or is it pretty much an overlay of what we've been seeing from the pandemic and everything else? Are there any normal trends that are starting to reappear? That's basically the question. Go ahead, Jamie. No, no. Well, so what I'm starting to see, it appears that TOT is coming back and leveling off a little bit. I mean, it could be the fire and all the evacuees and everybody, you know, kind of staying away may impact that a little bit. It doesn't appear to be that much. Sales tax, it dropped off kind of quick and then, but not very far, and it seems to be kind of pretty stable over the last few months below what we normally would get, but fairly stable. But close to what our projections were for this fiscal year. The parking again, it dropped off really early, but like Jamie said in the first couple of months when everything was really quiet and there was no way to hear everything was shut down. But those have really kind of leveled off as well and seem to be operating close to that 50% projection at the end. Okay, a little follow up. We do have a marijuana provider up near a piece of my heart and the question there is, what is their performance? And then the second one, they're still remodeling. Do we have any sense of when that's been open and give us some more revenue? So the first one that opened up there behind piece of my heart, the hook, seems to be pretty consistent over the last couple of months. Not generating quite as much as we thought it would, but it's consistent and seems to be slowly building although this last month was a little bit down. The other one on 41st is going to be called Deep Thought, I believe, and they just inquired with me this week about getting the forms and getting prepared to submit, or at least getting all of the process to submit their candidates tax. So I'm, based on that, I'm assuming they're going to open in relatively short time, but I don't have a timeline on that. Okay, so I'm just wondering if we're on track for the projections there, you know, because one didn't open and one did, but it's not performing as well as we thought. So do we need to adjust? This budget anticipated that the second shop wouldn't open up until sometime during the second quarter of the next four years. So if that happens relatively soon, it will probably be pretty close. If they're delayed past the first of the year, then we're going to have to probably make some adjustments. Okay. I was wondering if you'd give a little explanation. I didn't know that our police, et cetera, would be played for by the CARES Act. And does that include the OT that we provided for people that went and helped out in the CCU fire? So the CARES Act is really for the COVID-19, for everything that we did as far as mutual aid on the CCU lighting complex fire. I've been working with Sergeant Ryan down there to get all of that tracked. Now I need to go back to the county now that things are starting to settle down and figure out what is our process to get reimbursed. But my understanding is all of the overtime will be reimbursed. That's great. So during that time, we were fully covered. I don't know how many people we provided maybe to talk about that. I'll have a chief chime in. What I remember is, I believe we had four officers rotating two in the morning, two in the evening, but all that chief get into that. I don't want to step into the police operations. Okay. Thank you. Yeah. You're correct, Jim. Councilman Bertrand. Two officers day shift, two officers leaving shift working 12 hour shifts. And that mutual aid ended officially this morning, this past Monday. Okay. What shift was the officer that we're going to need to replace covering? Evening shift. Evening. Okay. Normally we have two, correct? That's correct. I don't understand things too. So if we don't replace that, we'll only have one. No. We're one body down. We make adjustments on our schedule. You'll make adjustments. Okay. Got it. I just want to make sure I understood what we're talking about. Thank you. Thank you, ma'am. All right. Thank you. Any additional questions from comments, questions from council? Seeing none, we will go to public comment. I'll turn it over to our moderator to see if there's any public comments on this item. I don't see any attendees and I don't see any emails. All right. With that, we will bring it back any comments from council members. And if not, we will entertain a motion and go to a vote. Do we have any motion? Is there, there's a motion on this, right? Yeah. The recommended action is up on the screen. Oh, there is. Perfect. Thank you. Yeah. I'll move staff recommendation. I'll second. Okay. Moved by council member story seconded by council member bot work. Can we have a roll call vote, please? Yes. Council member Bertrand. I agree. Council member bot work. All right. Council member story. Vice mayor Brooks. I mayor Peterson. I. Thank you. Thank you. Carries unanimously. We'll move on now to item 8b regarding a code of conduct for council city council and commissioners. All right. So vice mayor Brooks or council member story. Do one of you guys want to kick this one off for us? More than happy to do that. Thank you, Sam, for giving me that. Giving me the opportunity to speak on behalf of both of us. Jamie, if you don't mind pulling up the slides again so I could read the first. Sure. Hi. And then we will get to slides. Why does it always do this one? All right. I'll let you get going. Well, I just want to first say thank you again to council member story for participating in the subcommittee on the code of conduct for members. You met on January 23rd. I'm just going to minimize my screen here. January 23rd city council held a hearing starting developing a code of conduct for Capitola. Shortly thereafter, council formed a ad hoc subcommittee consisting of myself and council member story. The ad hoc subcommittee met with staff and again I want to thank staff and our city attorney Samantha for participating to review some of the different options that other cities have put together for their code of conduct. So we reviewed those examples and we created a draft for Capitola. The code of conduct included is in your pocket today and is recommended by both myself and council member story. And then Jamie has several more to present about what it is. We have several more slides. All right. So I was just going to briefly touch on what is here in the code of conduct. I think more than anything, you know, I think what I'd really like to council to appreciate is this is going to be your document. You know, this is intended to be a document that's going to, you're going to have yourself to regulate and normalize behavior to make it clear what expectations are and how you would deal with issues of violations of that. And so it's a little awkward for me to sort of be proposing this, but nevertheless I'm going to do my best to quickly walk through it and I think the best format would be if there's any questions we could, between myself, city attorney, or council member story or vice mayor Brooks, one of us would give our best to answer it. So the key thing to remember here is that nothing here is replacing any law. All the laws about conflict of interest, open meetings, all of those things, they still apply. Really what this is intended to be is a framework for how council members want to work as a group and if there's violations of that code of conduct, how they would be considered. You know, I think those are kind of the key things that come out. The code of conduct I was recommended has, I think that's something like eight different, seven, six different sections, core values, transparency and decision making standards, how council members are supposed to interact with each other and the staff and other appointed officials, standards for relations between council members and how they behave at meetings, how they communicate with other public boards and agencies and then how to investigate violations of these standards. So touching a little bit more deeply in the core values, this is something that many other codes of conduct that we looked at had in them and what we did was we went through a couple of other examples and then it ended up organizing them into these four key areas, which is responsibility, integrity, respect and value for others, and accountability. The next section in the code of conduct is transparency and decision making and that really focuses primarily on kind of really making it clear that the Brown Act applies. I think the only sort of key thing in here is making it clear that closed session discussions, closed session materials, that stays in the closed session. Fairness of process, we have sections talking about the council members make decisions based on the merits, that they would disclose information that other council members may not have. So in particular, this is an issue around quasi-judicial hearings, which is when you are weighing in on issuing a permit, for example, or someone's appeal of a decision that is very important to remain neutral and to disclose any information that may not be readily available to your other peers. The other thing is the fairness of process about thinking about things from all sides and ensuring that we give people fair hearings, that we maintain proper decorum and that we're attentive during our meetings. The next section talks about ethical decision making. I'm really kind of focused on making sure that your decisions are following FPPC advice, you're getting FPPC advice, and there's times when maybe just for reasons that may not be purely FPPC related, you may need to step away just because of the appearance of potential of the conflict. The second, the ethical principle to follow, this is a little bit of a catch-all. These were things that we saw at other people's codes of conduct, and sometimes they seem to be related to particular issues that cities had. One city had a great deal of information in their code of conduct about city stationary, for example. But we pulled these things in here, talking about avoiding personal interest, no personal gain, using city stationary only for city business. Members of, members would not appear at the city council or another body representing private interests. And then refraining from accepting gifts for favors that might compromise your understanding. You can see an accountability. I think the first key here is respecting the council manager form of government. So the direction is given to me or the city attorney, and it's our job to implement that. We talk about interactions with members of the public, so we're talking about the positions of mayor, pro tem mayor, the mayor's role during the meetings, and the mayor's role as a spokesman for the city. I think the one area where we probably had the most interesting conversation was around enforcement. And I would say that in most of the codes of conduct we looked at, they kind of punted on this issue. I think that the phrase that we saw in a lot of different codes of conduct were that the intent of these codes is for them to be self-enforcing. And that was it. And I think many of you followed another jurisdiction in this county who went through some real challenges around codes of conduct and council member relations. And the process of how to adjudicate differences of opinion, particularly around these sort of code of conduct issues is really, is very challenging for cities. And so what we really focused on, the subcommittee focused on was trying to put down on paper how it would be dealt with. And basically, to summarize what we ended up coming up with is that if complaints are made, it comes to me and the city attorney, and the city attorney would then make a determination whether or not there's a potential violation of the law. And if there's a violation of the law, identify what path that investigation or what would be the appropriate next step to take. If it's a violation of this code of conduct in and of itself, at that point then it would be forwarded to the city council and the city council would then make a determination and open session about what the next step is, whether to order an investigation or to take further action. And then lastly, the code of conduct includes basically three types of penalties, if you will, starting at the bottom sensor, which was considered sort of the least formal type of reprimand. Sorry, the worst, least formal type of penalty that could be imposed. Excuse me, I'm backwards. Reprimand is the least formal type of penalty. It can be either verbal or written. Sensor is a more formal statement of displeasure. It often would be accompanied by removing a council member from their position on appointed boards and commissions. Council members don't have the ability to remove a council member from city council. And then the most, the highest level of, of a repercussion would be dismissal. And that is not, doesn't, wouldn't apply to council members, but it will apply to other city officials to be removed from their, their office. And either it would be pursuant to the Munich code, which is how we deal with the planning commission. We are explicit language in the Munich code about how a planning commissioner could be removed, or other boards and commissioners who really serve in the councilmen, councils. Toe conduct also includes several important appendices that outline, really help people, I think, understand some of the framework for kind of the undergirding, if you will, of, of, of the California law that applies in the situations. And then we also had a signature page where people, new council members, as they come on board in this council would all sign and acknowledge that they've read, received, and intend to abide by the code. So with that, I'm available for questions. Council Member Brooks, Council Member Story, do you have anything to add? Yeah, Jamie, thank you. I just wanted to make a clarification. If you go back to that slide on, under determination and just to clarify that actually under determination, the, the dismissal refers to the dismissal of the complaint. Not of the, of the complaintee. And then the next level was Rapperman and Jamie described that accurately in Final H Center. So those were the levels of determination. And, and then removal of, of any commissioners and board members was the separate section as Jamie mentioned. And I just wanted to make one, that clarification. And also just to thank all the staff, Jamie and Larry and Sam that assisted us in putting, going through a lot of material and, and several drafts of this code of conduct and also want to expand my appreciation to Vice Mayor Brooks for participating and, and actually bringing, she was the, I think the leader in bringing this before us. So thank you to all of you and for allowing me to participate and present this code of conduct. Thank you. Thank you, Council Member Story. Looks like Council Member Bertrand has a question. Yeah, I have done two areas of concern that I have questions about. One is accepting gifts, services and other special considerations. So I'm sure the answer is I can do this. And if I, I get a free comp ticket to go to a, an event like the one around here is the Monterey Economic Forum. That's not considered, I believe, for personal. So is that an issue? Just for clarification. Let's take a look at our code of conduct. Yeah. And see what. So the language in your code of conduct is members will refrain from accepting gifts, favors or promises of future benefits that might compromise their independence or the appearance that they're independent and unbiased. So to the extent that a nonprofit is willing to give you a entry into a conference that they're putting on, I think it would depend on the situation. Does the nonprofit seek funding from the city? Does the nonprofit doesn't seek funding from the city? I think my answer would probably be they're not, you're getting, you're getting a gift. It's under the IPPC limit and there's no potential for, you're not compromising your independence. If they do look for money from the city, then I might think twice about something like that. City Attorney Zeller, do you have anything other perspective? No, I would say the same except to add that it was really, if it were an issue, it would be a decision for your fellow council members. And so when you think about whether to accept it, you might think about it. Yeah, because I usually go to these conferences to get information about a subject. And, you know, it's not necessary to be influenced, but so you're suggesting saying it up and then let the city council determine that. I'm sorry to cut out. Can you repeat that? Yeah. So I usually go to conferences to get information, to be educated basically. So you're suggesting if there seems to be an issue, as Jamie suggested for a group that wants to get a recommendation or funding or whatever, bring it up to city council and have them make a vote on that? No. Well, you could if you would need to agendize the item and have it be discussed in a council meeting. I would assume that if every council member did that, you might bog down your meetings. And so my suggestion was when you're thinking about whether or not to accept it, you should consider what your fellow council members might say and what you might say is another council member it doesn't say. My guess is just like city manager Boaskeen said, if it is a nonprofit that does not request money from the city, it's probably fine. If they do request money, you probably want to consider that. Generally, what you're describing to me sounds like it's probably fine. But again, this document is the council document and so city manager Boaskeen's and my interpretation of the document is not nearly as important as the interpretation by our fellow council members. Okay, got it. My second question deals with the concept that we should be in closed session and respect closed session and not share that information with anyone else in the public. Is this following California state law or is this just a practice? Yes, that is state law. Okay, so if it is state law, is there a recourse other than what we agree to here? If you have proof or a pretty good idea that someone did breach that? It's a misdemeanor to disclose information from closed sessions. So it would be up to the district attorney about whether or not to prosecute it. Okay, so how would you proceed in a case like that? Getting a bit off topic here. And so I want to make sure that we're observing the Brown Act is discussing our rule for applying the Brown Act. But briefly, I'll tell you if a Brown Act violation, if an allegation of a Brown Act violation came to me, I would discuss with the city manager in the best way to deal with it. And if it involves a specific council member, I might discuss that with the city attorney. Thank you. I asked a question because I want to understand how this code of conduct works. So in voting for it, it's important for me to understand actually how it works. If there's actually mechanisms to enforce what we want to do in certain circumstances. That's the reason why I asked the question. That's it. All right, thank you, council member Tom. Any additional questions from the council members? I just have one brief question. If we pull the slides back up, I want to make sure I'm referencing the correct information. I think it was the next one. Are there any questions? Or we can look at the slides. Well, basically there was a suggestion that if there's any non-criminal, if there's a complaint that's determined to be non-criminal or non-legal in nature, that there will be an investigation. Who does that investigation? So the determination first is whether or not it's a violation of the law. Right. And if it's a violation of the law, the city attorney would determine the appropriate path. Right. A violation of the law, that could mean potentially an allegation such as council member Bertrand brought up. It's closed session material was being leaked. It could be allegations of someone accepting money in some way. Right. And things like that. If it's none of those things, really what it is is, you know, we have language in here that says that council members will ensure that the meetings are held in a fair and equitable manner. You were civil, polite and respectful. If that's what the allegation is, it's really kind of beyond anything that as a city manager, city attorney, we could adjudicate or really say what process to follow. So at that point we would work with the mayor. We would put it on the agenda for the council to decide. And the council would have some choices. They could say there's nothing here. They could say we would like to order an investigation of this matter or they could render a decision there. So that's my question right there is if the council says we want to order an investigation of this matter, who does that investigation? So I can answer that. You'll ever do like to do the investigation. Usually there's a whole bunch of employment, employer, investigators. There's a whole cadre of them out there. I actually do investigations for other clients. And so if you were interested in having an investigation done, I could work with the city manager and find you an investigator. Okay, cool. Just curious. Thank you so much. Or actually let me ask that sometimes depending on the nature of the allegations, sometimes the police department might be able to do the investigation. Got it. Great. Thank you. All right. With that, we will bring this to public comments. Are there any members of the public that would like to address the council on this item? I do not see any attendees with hands up. And I do not see any emails. All right. With that, we'll get back to council for discussion and emotion and the vote. Any discussion? Oh, I'm sorry. Council member returned. Yeah. I'm glad this was brought forward. And, you know, I think that if we had anything before, I wasn't really aware of it. This is pretty comprehensive and I appreciate staff working with our council and everyone else putting this together. It's definitely a good argument that this is a good thing. Obviously we need to work together and anything that detracts from that, I think is going to detract heavily from our effectiveness as a city council. So to me, that's the main basis for this. We're trying to create something so that we have a reference, but the main point is we need to work together. I did bring up the sanctity, if you will, of closed session. That's particularly important because if we can't discuss things amongst ourselves, knowing that it's just amongst ourselves, that completely stabs everyone else in the back. It's very disrespectful. So I want to emphasize that to everyone as we go forward. Thank you. Thank you. Council member Bertrand. Motion to approve staff recommendation. Second. We have a motion by council member Botthorpe and a second by council member Bertrand. Any additional council comments? Seeing none, if we have a roll call vote, please. Yes. Council member Botthorpe. Aye. Council member Bertrand. Agreed. Council member Story. Aye. Vice Mayor Brooks and Mayor Peterson. Aye. Thank you. Thank you. Great. Thank you. Terri unanimously. Thank you to the staff and council that worked on that. We're going to move on to our final item of the evening item 8C. Onboarding process update and I'll turn it over to staff. All right. I'm going to run the slides here. We're going. Yes. Thank you. City manager and thank you mayor and council. Can you all hear me? Yep. Great. And I'm just going to be transparent and let you know that I actually cannot see the screen. So I'm going to be looking at my notes and the city manager is going to help me run the slideshow. So thank you for your patience with our technology this evening. I'm just going to briefly discuss what staff has suggested and pulled together about the onboarding process for new council members and newly appointed officials for the city of Capitola. So our first slide is going to focus on what's already in motion and what has been scheduled by staff. The first being what we typically have done in the past and what we're doing yet again this year is the candidate orientation, which is a focused presentation that's actually happening just in the next few days for all candidates that are running for city council. It's an overview of city operations and really a great background on the city of Capitola. This will ensure that candidates are well informed on Capitola operations, how we're organized and the different services that our city offers community members. And the second activity that I'm personally looking forward to is a training opportunity given later this month by the city clerk's association of California. I'll be attending. It's something I think that perfectly addresses the vice mayor's concerns and will allow us to learn more about best practices for onboarding newly elected officials. And I'll be taking notes and writing everything down, best practices and any good ideas that we can then implement to welcome new members. So moving forward to the next slide, these are some suggested activities that staff brainstormed and is presenting to you this evening. The biggest of which is a new council workshop. This would be something that would take place early in 2021 in January after the election and after we have our new council. The tentative plan would be to present the council handbook, the newly adopted code of conduct. Thank you for that. And also to go over any pertinent administrative policies. So what's nice about this is it'll be happening, you know, in the future. Once our new council is in place and the mayor at that time can really coordinate with staff to make sure that the agenda for that workshop is to their liking and that addresses all concerns and questions. After that workshop staff would present a similar one that's more targeted for appointed officials. That would also discuss the Brown Act and again, relevant administrative policies for those new members. And then the last two ideas. One is to have city attorney one-on-one meetings for new council members and perhaps council that want to refresh her on the very specific role that our city attorney Zutler plays for the city and to be able to ask any questions of her they may have. And then the last is something that I know currently takes place and that would continue into the future, which is the city manager one-on-one meetings with new council members and current council members to make sure that those members feel welcomed and fully informed of what's going on and how the staff and council work together every day. So those are really what we're suggesting. That's just an overview of what staff has put in place already. And what we think is a great idea moving forward just so that all new members feel welcome and feel like they can achieve what they are setting out to do so in a positive way. So with that, thank you for your time. And I'm available to answer any questions, though you may want to ask the city manager, which is fine with me. I'm here if you need me. Thank you so much. Are there any questions on this item from council? I'm seeing no questions. So we will go to public comments. Are there any public comments on this item? I do not see any attendees. And I do not have any emails. All right. With that, I will bring it back to council for discussion. I believe there's not a vote on this item. Correct. We're just providing feedback. That is correct. Okay. All right. Does anyone have any comments on this council member Thank you, mayor. I think this is a great program. We seem to have a field of this year. I have a lot of new people that will be running for council. And depending on the results, there may not be a lot of background. So I think that these types of programs, meetings with the city attorney needs of the mayor, the more input that is able to be delivered to them is more helpful for them to get off to a good start. So I commend this program. Thank you. Thank you. Council member. Yeah, I agree. I think this is a great opportunity for us to bring people on board in a way that will give them an opportunity to learn as much as they can upfront. And I know that programs like the league of cities also provides some great trainings, but I think to have one that's capital specific is really important. And this is an exciting opportunity. So I want to again, thank you. I believe this was also vice mayor Brooks who wanted to look into not only the code of conduct, but the onboarding process. And so thank you for bringing that up and getting this in motion and for our staff that put together these ideas. Council member for Toronto. Yeah, I just wanted to say I feel quite positive about this and it's a great opportunity for all the board members to, the new ones and the current ones to talk, get to know each other. So there's that added that. Great. Thank you. All right. Any additional comments on this item? Seeing none. That was just a information item for us to provide feedback on. It sounds like we're all pretty excited about this opportunity. And with that, we have reached the end of tonight's agenda. So thank you all for joining us this evening. And as always, please take care of yourselves and take care of each other and we will see you next time.