 staff are we ready oh we're one member short we'll just relax mr. city manager we're good we'll call the meeting to order the regular meeting of the capitol a city council for February 8th may have a roll call please councilmember Harlan here councilmember Bertrand here councilmember Peterson here councilmember Bottor here Mayor Termini here would you all rise and join me in the pledge allegiance this meeting is being cable cast live on charter communications cable TV channel 8 and AT&T Uverse channel 99 is being recorded to be rebroadcast on the following Wednesday at 8 a.m. and on Saturday following the first rebroadcast at 1 p.m. on charter channel 71 and Comcast channel 25 meetings can also be viewed on the city's website our technician tonight is Lynn Dutton please turn off your cell phones please sign your name on the sign-up sheet if you wish for the record before you speak in front of council and we'll first start with a report on closed session yes thank you mayor Termini members of the city council there were two items on this evening's closed session first was labor negotiations in which the council met with its negotiator and gave instructions the negotiations concerned all bargaining groups second item was a liability claim the claim of Richard Willis which is also item D on this evening's consent calendar there was no reportable action thank you are there any additional materials thank you before we begin the public comments on items not on tonight's agenda I'll make an announcement and my announcement is not in any way to dissuade anyone from speaking to us tonight everyone in this room is welcome to I want to let you know after our last meetings decision regarding the jewel box traffic with the help of staff we researched the process and going through and implementing what we voted on and as usual with government it's more complicated than anyone thinks so this will be brought back to the council at our next meeting February 22nd for a full hearing knowing that anyone would like to speak to us come on up please Neil good evening my name is Neil Savage I'm a resident of Opal Street in the jewel box I'm here to express my displeasure with the council's decision two weeks ago to adopt option for to reduce cut through traffic in the jewel box my first point is how disappointed I am the city council responded to a vocal minority and did not follow the clear wishes of the majority of the jewel box residents did not follow staff recommendations many of us participated in the resident survey and community meeting but two weeks ago our participation and input were completely and without reason ignored I feel duped if you don't I don't feel the council represented its constituents and I was appalled by a response that I read as you snooze you lose my second point is that the overwhelming desire by residents to have small incremental changes is appropriate because we have a very very small problem the panic from east topaz made me wonder how bad it could be but after a number of observations during rush hour I never saw more than four cars total on the two blocks in east and west topaz after your surprising decision I looked at the data and the worst case is only two cars a minute on each block of topaz this is not the village of the stop signs on park avenue go to topaz and look it's just two cars a minute as I told you this problem is not as we told you as we told you this problem is not significant enough to merit any of the traffic rerouting options my third point is the council was provided traffic options created from no data no analysis no modeling of cut through traffic so no resulting design we do not have comprehensive data on the number of cars coming in and leaving the jewel box there was not even a count of the cars on 49th street a wide and safe pass through that will be eliminated no one can tell us what measurable results of options for what the measurable results of option four should be and we'll be back arguing in front of you after it's done but just for fun let me try in a minute I have left I'm more than a minute but anyhow the 20 households on east topaz have convinced you to implement a solution that takes pass through traffic off their block and off 49th and routes at all on the west topaz we have no data but a 49th street traffic equals topaz traffic the results of option four are one a quiet ocean facing cul-de-sac for the 20 households on east topaz to a major and 24 by seven inconvenience for the other 2,500 jewel box households and three twice the traffic for the 20 households on west topaz and all to eliminate two cars a minute for one or two hours a day only during the week is this truly what you thought you were voting for I'm asking the city council to gentiles a vote to rescind option four thank you thank you Neil welcome mayor and city council my name is Mel vento I live on topaz street I'm actually here with quite a few topaz residents and I just wanted to first thank you the last meeting really we felt like we had some movement in addressing the safety issues on topaz and this has been going on for those in the audience and I've seen a lot of next door neighbor comments the commentary both on next door neighbor and in that survey the results were very disturbing personally I am a people person and I told my husband I said this is very disturbing because it's a safety issue it isn't that we're looking to raise our increase our home home value but we are very concerned about what's the increasing traffic level in the safety issues what's happened on topaz in the last four years it's it's been tremendous and I after reading all the comments it was so disturbing to me because I feel like we are part of the jewel box topaz is not a standalone street we are a community capitol is a community and I wanted to just make sure that everyone knew that we first approached a lot of my neighbors and myself approached the former police chief back in we met with Rudy in February of 2015 that gives people any idea of how long this has been an issue that that we've been passionate about trying to get help with and we didn't ask for any certain results just some help in relieving the safety issues and so I'm here tonight to thank the city council for addressing it and I would ask people to be very compassionate and empathetic and understand that we are your neighbors if there is a crime issue on opal or a crime issue on diamond I would hope that we would all support that effort and in no way are we trying to punish the other residents of of the jewel box we're just asking for some help thank you for your time thank you next rose yes agreed mayor to meeting and capitol city council members my name is rose Felicetti and I'm a permanent resident of the jewel box on Opal Street thank you for responding to my first email with your emails phone calls and personal meetings with me my husband Neil Savage and our Opal Street neighbor Christie Donaldson I know that many of our neighbors have been in contact with you the purpose of this letter that I've already given to the clerk is to ask you to agendize this request to delay implementation of any changes to traffic patterns in the jewel box at your February 22nd council meeting and continue discussion with the entire neighborhood so thank you I am making my request about process because I do not feel that my concerns and those of the majority of other jewel box permanent residents have been heard or that our traffic series responses have been given serious consideration during your deliberations I request that you delay any implementation tell one the traffic problem in the jewel box is identified is it safety speed volume or some combination to a real traffic study is done over multiple times of multiple days multiple streets and multiple northeast southwest directions and compared to historical patterns three neighborhood meetings are held as was originally promised provide additional input and discussion by all of the neighbors in the jewel box for if it's determined that there is a traffic problem the entire neighborhood is a part of crafting a reasonable solution or solutions and some measures of how we will know that the problem has been solved this is a contentious subject in the jewel box that you just heard there requires more discussion and deliberation than a single council meeting I'm requesting transparency and reasonable public notice please over notice any public meetings that address tragic changes to traffic patterns in the jewel box by providing early and multiple postings of any public meetings using multiple channels of communication a neighbor whose family has owned property in the jewel box since the 1950s has offered to walk the neighborhood with a petition to preserve the jewel box as is with no changes it is my hope that the wishes of the majority of the neighbors who occupy homes year-round will be considered in any future deliberations thank you for taking my request into consideration and I'll just turn to the audience if you don't wish to speak but you do support the concepts that I've laid for please raise your hand thank you thank you rose anyone else like to speak come on up hi my name is Paul Bellina I live at 49th and jewel and I'd like to thank you all for your service and trying to address a rather contentious issue I guess I wanted to bring up one point that that I don't know if any of you would been to the city of Berkeley and see and seen what they've done with their streets in terms of stopping them midway through a block the signage no matter what it is and how clear it is never stop somebody from going down that street and having to turn around and come back which to me doubles the traffic on my street I hope you'll consider it it's also I'm an old guy I'm getting to be 72 pretty soon I can only play like four or five volleyball games a week and and and I use that pass through just like everybody else and and I feel badly about the people on Topaz Street about having to put up with me going through over to the spa or down to the beach but I hope you can come up with some other ideas and I don't really have any I was thinking maybe a one-way street might help come in the other way I don't know anyway good luck and thank you again for trying to solve this content thank you next hello mayor members I'm Sue Sealy I live on Joel Street and I don't have anything formal to say I just I just want to say that I come from a firefighting and a police family and so safety is always number one concern and I know you're firefighter at some point I was wondering if anyone has done any kind of survey or had a big rig come out do some turnarounds or had the police chief or bat chief come out and just kind of take a look and see what the plan is I mean I know I would feel better knowing that they kind of gave the okay or the thumbs down that would be my request I don't remember your name but I want to say that you know I agree with you that we're we're all neighbors here and we all need to come together and it's starting to feel like there's this division and and I'm so glad you said what you did that we have to remember that we're you know we're all living in in this like paradise and we want to make it work and so my formal request is if you haven't done it already please contact fire department police department have them go through and just give it I know it make me feel better knowing that thank you they gave their opinion very good thank you thank you hello I'm in Ron Burke I'm a member of the Jill box community thank you for listening to us this is a real problem I've said the last meeting I saw it in video I couldn't be here but there's a real problem seeking real solutions and I appreciate your your emphasis on what you're trying to do this is not a majority real solution that's going to come out of places for the benefit of the community echoing what Sue said it's very much the case the one thing I would ask you to do is people this as people speak is consider not just the emotion and the reason why I say that is because if you look at the survey results all of everyone says yes here's a problem and most people do you look at all the solutions no one agrees to any of the solutions I think the reason why this is just my corporate background people have a resistance to change and because of that they don't want to see something change so when you hear the rationale please dig into what people are saying about what nuggets of truth they really are what people are saying is there really is a problem as a community we all need to live with a solution whatever it might be thank you thanks Ron welcome I just want to first say that I'm opposed to closing public streets which are designed for public use while they are jewel box streets they belong to the community as a whole I agree that there is a problem with people driving dangerously through the neighborhood I walk on the streets during rush hour I drive home during rush hour and people do drive too fast and not safely but I think there are other viable options that haven't really been explored enough and to start with I think looking at the study that was done it's not really an adequate traffic survey in my work I see traffic surveys I see what actually goes into them and what was done didn't really encompass everything it didn't encompass safety response times when police fire ambulance it didn't encompass whether the speed limit is reasonable on these streets it didn't encompass a lot of things that should be there that I think if we're gonna look at this we should look at it objectively and I agree we shouldn't bring emotion into this we should look at it from an objective point of view when you do look at what is being proposed it's gonna do a few things that personally are gonna affect me and they're gonna affect other people in this room me I commute over the hill every day I choose to live here because I want to be part of a smaller community where people are open and everybody I like to share this of town but it's gonna lengthen my commute in the morning before I have to go deal with all the nonsense I deal with every day I like to center myself and one of those things I like to do is drive down to the end of the bluff and just take in the beauty that we get to live next to and with this it will affect me and that I'm not allowed to do that anymore I'll have to drive all the way out to Capitola Road back up to 49th and around other people I know in this room it will link in their commute they also commute over the hill instead of being able to drive down their street to get to their home they'll have to be stuck in what now isn't bad traffic on Capitola Road but as we all know during the summer it gets really clogged because everyone wants to share this community with us it will also push that pass through traffic on other streets and we don't know what that impact is going to be again because I don't think there was an adequate traffic survey done I'm asking that we use real objective evidence to solve this problem I think there are viable options other than what we have here through law enforcement one good example of that that I've seen commuting over the hill Highway 17 is a disaster people drive dangerously they take turns too fast but they didn't close the road what CHP did is they got more money to fund more officers to do enforcement and I have seen a change I also ask that we take the community wishes into account so thank you thank you welcome my name is Jim Sherman my wife and I are here we live on Crystal Street right just below 49th when Susan came around a couple months ago and kind of a Sunday afternoon we were having a block party she stopped by and said hello introduced herself and said she was just kind of doing an informal survey talked about traffic problems in that and we talked about several different options I was really impressed I thought this was great I live in a community where the they come out and talk to you and find out what's going on in that watch the survey take place watch the outcome of it I thought well the outcome of it seems to go along with the way my wife and I believe that we didn't see any really good options there we we filled out the survey the one that you guys minded on was our worst pick and apparently was a lot of people's worst pick and it just kind of flew in our face as you never came back and talked and never had any input from anybody after that you just kind of went off on your own and and came to your own conclusions you're making a hardship on the rest of the community to solve a very small problem and I agree there is a problem there but there are you know I worked for many years up at the university there are a lot of other ways to solve that problem one of them would have been to put a police officer in there that writes tickets for people that are racing through the neighborhood too fast maybe put a no left turn sign there on on the Bromer so you can't turn left on to 45th Street at certain times of the day cutting down on the amount of you know commute traffic things like that stuff never seemed to I never saw any conversation about it this just seems like a very half-baked idea that really needs to go back to the starting point and revisit it because it's the way it's going it's just gonna make everybody mad thank you welcome sure what oh no I think everyone knows that this will be a full public hearing in two weeks everyone knows that and no there no action tonight but we're we're ready to listen and we're not going to reduce any public input just because we're gonna hear this again okay you're often running no somebody else is here for you there you go you got the green light I'm Dwight Dylan I live at 49 80 Jewel Street in Capitola matter fact I've lived there for so long it used to be 3rd Street morning Capitola in 1945 I've lived in that house that I'm living in now since 1955 so you can well imagine I've seen a few changes matter of fact I remember the when I was three years old I remember the gal that came to the door with a petition because hardly anybody ever came to the door to incorporate Capitola so I'm three years older than the Incorporated City of Capitola or whatever that's worth you know something well anyway meanwhile blasting through space here at about 17 miles a second by and large I think the City Council does a really good job on keeping it together you know but in this time you guys have really put your foot in it this time man the voice of reason thank God was Stephanie had the brains to vote against something that's so insane that it's just boggles the mind that you guys would even consider it you know there is a problem with traffic there's a problem with traffic everywhere you go that there's cars you know unless you make the jewel box a giant coldy sack with guard boxes on both ends and the whole thing I don't see you know I this gentleman that was just here I mean I hardly ever see the police up there you need to really you know crack down on people you know and the people that do blast through there you know I mean I don't know it would just be nice to see more of a police presence that's all but you know what really bothers me is the fact that people come in here they have a lot takes a lot of dough to move into capitol anymore and it never was like that this was a poor man's paradise if my parents hadn't been able to buy that house in 1957 for 7500 bucks you know I wouldn't be I wouldn't be living in capital because I couldn't afford to live here most people's houses are worth right around a million dollars now so if there was something on your street that you don't like that I strongly suggest that you call your realtor and sell out and move some place that's a lot more mellower for you I wish things were a lot more mellower too as a matter of fact I try to avoid going down that street anymore I just go down opal or my street or whatever it's all it takes I mean maybe just take a little signage to redirect traffic I don't know you guys but it does bother me when people come here and they want to throw their weight around and they want to throw their money around you know that's not where it's at man I mean I've had some of the neighbors over the years a bitched about the trees in front of my house that they're dirty and they drop leaves and all this stuff you know what they don't realize is that trees make dirt and without dirt we'd all be starved to death a long time ago okay you know I well done hold on I think you know 60 70 years in capitol if you have anything else to say go ahead you go say it the hardest thing for human beings to do is just to leave things alone people are continuously doing things when they should be just hanging out laying on the beach and having a good time that's what capitol is all about not bitching about them you know the traffic and the fact that the population swells to that of downtown Hong Kong on the weekend and you know it's pretty tough sometimes you know but I don't mind sharing it with people but you know as long as we have cars I mean you know I was just telling my friend Tom you know like I think was the general plan for 1970 or something was to have cars completely eliminated from the Esplanade you know it'd be nice of all you know we could just ride bikes and horses and stuff like that but you know you know automobiles are a blessing and they're also a curse man so you gotta you know you got to live with the blessing is you got to take the blessing along with a curse you know or the curse along with a blessing that's the deal so in conclusion I would just ask you guys just to leave it alone if people can't stand the traffic let them sell their houses Christ on May they could a friend of mine just sold a house on eight on that they lived in for 30 year 40 years on emerald and they got 200 300 thousand half million dollars more than they paid for it or than they wanted even you know so what there's other places you know if you can't stand the gap it's time to get the real estate sign out and say Sianara okay who's the brave person wants to follow that oh there he is okay anyone else before we close well in step right if you're gonna speak you get it come on up thank you my name is Jim Donaldson I live on Opal Street by Street I want to thank you are I'm glad to be here in front of the Capitola traffic council I mean city council you had it right I had some I've spent a lot of time looking at the results my wife and I talked about the results a lot in the issue and what can we do and I crunched some numbers and I had some really good points I put them down on here I was gonna talk about them and Neil mentioned them all Mr. Savage mentioned them all so he mentioned I think that living close to Opal there's always been traffic on topaz it averages one car an hour doesn't seem like a big deal to me what I would add is that I don't believe that topaz is dangerous my family and I are many times a day usually back and forth to 41st walking or biking typically down we might go and come back through topaz not one time have I come back and felt unsafe not one time if I come back and said oh you know topaz is really busy I'll jog over to Opal and go back some matter of fact if it's sunny out I'll take topaz because there's more Sun because there's a lot of shade on Opal so I don't see any concerns with the street being there as a frequent user earlier this week my wife and I were walking with our dog and two cars were coming to cross at about the same point we were and a cyclist was coming at the same time and we all just sort of looked at each other like how's this gonna work and we stepped aside let the cyclist go through the cars basically stopped and we walked past everything was fine no issue that's I think how it how it has been in my experience hasn't been dangerous so thank you thank you anyone else Mick you want the last word Mick or do you want to come up now yeah no problem come on up thank you welcome good evening thank you for listening to everybody and what I'd like to say is I don't think anyone here is is here to diminish the concerns of topaz Street I think we all realize that you know their concerns are valid concerns I'm not sure we all agree on the traffic counts at this point but you know I think they have some valid concerns but I think what you're hearing here tonight is I think there's a consensus that this decision you've made is an ill informed decision that you don't have the information you need to really make the decision you made we don't know what the impacts will be on 45th and Capitola Road 49th and Capitola Road 47th and Capitola Road Cliff Drive down into the village and the Warf Road Stockton intersection we don't know what the impacts will be on emergency service response so I think all we're asking for is that the council undertake a comprehensive traffic study defer the decision you made until that traffic study is complete so you can make an informed decision and look at variable alternatives that may work better than what you've chosen that's it thank you make okay step right up thank you for all your attention what you're trying to do to solve this difficult you know problem here my name is Marcos Vesco I live on topaz Street and it just happens that this morning I was in Redwood City participating on the sentencing of the man who drove and killed a 47 year old friend of mine who was also a senior engineer at Apple where I work and and I was able I was able to to see like the pain that it caused like in my my friend who died and left two children and also even the pain of the man who caused the accident and killed him so that was incredible so we are here talking very lightly and we know like we all like we live in topaz we know what we're going through there's cars rushing through a lot we we have a three-year-old son that we have to have two locks on the door on each door right now because we're afraid he can somehow open the door and go to the street and it's really there we don't want this amazing neighborhood that we have to end up in a situation like that where someone gonna get killed and we're gonna come back to remember this day okay so this is not about how fast I go and I drive to see the ocean how easy it is for me to go to my swimming class now we're talking about serious stuff so that's first point second point on a more positive note I have friends from Berkeley who saw the change that was in that neighborhood where they protect and he changed the traffic and became amazing it's amazing they're really happy that changed that neighborhood is known right now all around for being a great place to live and I think that if we make some changes I don't know exactly what it is what's the best changes if it is the one they're suggesting but we can make this neighborhood amazing right the place where it can walk around we can get to know each other and I I know I don't think people are really thinking about what this can become okay so that's that's all I have to say thank you very much next welcome Beverly and get a little closer to the microphone for us for letting us all be here thank you I personally I'm not for the blockades but I just want the community to know that I will make an effort to go different routes simply because my neighbors need me to and so I just wanted to add that as part of being in this community so thank you thank you anyone else seeing no one else thank you for participating in the items not on tonight's agenda but they will be in two weeks I'm sure I'll see every one of you and you know in spite a little editorizing here in spite of the the apparent gaff that we maybe went too fast too soon I think you can be thankful you live in a community where not only you can email your representatives but you recognize them at Nob Hill so none of us can hide we're here we live with you we live on the same streets we drive the same streets I'm glad I live here any bigger government than this I don't care much for but this is just right thank you all for coming we'll take a couple of minutes in case you all want to get up and go or you can stay and watch government in action and what else we're gonna mess up here you can be a stand-up I guess none of my comments matter I live on Christmas Street you get a notice about the meeting no on the last meeting I got a notice on yeah but not officially didn't get a card in the mail we didn't send one out we didn't not not two weeks ago I'm gonna question or you I'm gonna ask about the noticing on this and make sure everybody knows what's happening in two weeks we work on it every day we'll continue to that's what I'm gonna question them on it because I got that my note of my paper because I want to spread the noticing oh yeah I'm not asking this we're not making any decisions the director it's not it's a time every one of our streets 41st Avenue we're asking the thank you it's changed already yeah no there's not gonna be any decisions made like I said we're just gonna ask for this more fact-finding okay so you just next time excuse me we need to continue the meeting thank you okay we'll reconvene and staff what is that and maybe rich you can speak to this this is under we haven't done staff or council comments yet so does staff have any comments we have no comments this evening I'd like to ask staff how far we how far did we notice for last the last meeting we had regarding the jewel box traffic and do we actually formally notice with cards in the mail is anyone know there were no cards from the clerk's office we didn't send any cards out for our for the next meeting when we're when we're having this come back to us is it possible for us to send out notice cards and let's go a little further than 300 or 500 feet it seems like the jewel box itself from prospect to 45th from the cliffs to Capitol Road should get noticed yeah so we when we did the survey right 2,000 residences that just the greater jewel box area oh good and then when we this last one we sent out emails to those that gave us emails at work that responded right we did not mail any of postcards we can do that same mailing to those 2,000 that would be great anything we can do to inform more people it would help okay the transparency that's been people in pining for yeah okay we'll go to council comments Ed nothing Kristen mr. Jock yeah so at the last RTC meeting I talked to the council and George Endero during his presentation and I know Capitol has concerns about the trestle Mike has brought this up multiple times and as I reported last meeting I asked for a study on that last year sometime and they didn't fall through on that and so got down to the fact that they still haven't moved forward on that but they are going to do an overall study of all the different trestles and crossings and the important fact here is we can't have any trains moving right now anyway because near Watsonville so they do have the time to do that I asked for a time frame I did not get a time frame as the council also knows and everyone says listening knows I'm very concerned about the unified quarter study and I asked George on Darrow to report at each meeting new actions that have occurred and this last meeting he did report that our consultant RTC's consultant is finalizing the standards or the the different things they take into account when they're trying to figure out how to move forward and doing the evaluation so I asked for that to be brought back to the RTC took me a little pushing to make that happen so basically I want the public to know what standards the consultant is going to be using when they analyze the results of their study and I think that's very critical because those standards can go all sorts of different ways and I want to make sure that the public understands how the consultant is going to be looking at the results of their study and so I'd like to emphasize to the public that it's very important to keep on top of the unified quarter of study and let the consultant know that they're being watched this is extremely important for this community thank you thank you Stephanie I attended the Soquel Creek Water Board meeting this week and I usually watch them at home but sometimes I come down and they had some very interesting information on their agenda including a fish study that they're working on and that reminded me that we have a wonderful brochure called your guide to Soquel Creek and I would love to reprint that and then we can walk it on both sides of the creek because the biologist said that she was really surprised how many neighbors and people that she's talking to when they're doing their studies and so forth that have no idea that there's fish in creeks or what kind of fish or whether they're endangered or threatened and and so forth and so forth so I said aha let's get that brochure out I don't know how much it'll cost to reproduce it but if we could check on that and get a bid back and print however many we need for for all the residents along Riverview and we passed it out about 20 years ago or 15 years ago but we should we need to do it every five years look at all the new new residents that we have that need to know what's in their backyard and how to take care of it and so forth and so forth so I'd like to do that if that's all right Mr. City Manager come back with a cost of that who has that the content is in the lobby it is great drops to drops I think I saw a couple no it's called your guide to Soquel Creek no I had residence guide to Soquel I received one of those books in in one of the kitchen drawers when I moved on to Warf Road and it was stunning and I wish I had stolen it but Steve so I just want to add the Commission on Environment actually took redistributing that on and it is on our website if you go to our environmentally sustainable habitat page on our website we've scanned it in there and they have contacted and delivered it to a lot of the houses in the last year now it doesn't mean everybody got it but it didn't make an effort but we can we do that effort but that was one of their goals that they undertook last year good yeah I just think that let's put it on their work program or somebody's for like every couple years to do it at least knock on we can knock on the door if it's a new person give it to them if it's not then just at least make have that presence and I think they took the available that we hit we had a box and they took those and redistributed those we didn't do it another printing let's do another printing them because and see where we are don't go don't go too far yeah Stephanie anything else yeah I would like to look at changing banks from Wells Fargo just to get that information we may be able to do it or may not but just to get that a report back on that Saturday the 24th is a soft opening for the museum it's for volunteers so if any of you want to volunteer become a volunteer you can come to this museum orientation and otherwise the museum will be opening to the public a little bit after that capital museum yeah and that's all thanks Steve I think maybe the time has come for us to do a little energy study on the on the tennis courts about perhaps replacing those lights with LEDs and it will give us the ability to focus the photometrics in such a way it doesn't bother neighbors and perhaps we can also look at making each court a separate timer shouldn't be hard to do and also maybe adding a few lights on the court close on the tennis court closest to the basketball court on its own timer so perhaps basketball players can play after dark because right now they go in and they turn on the entire tennis courts to play basketball I think all in all we could probably save money in the long run the ROI should be less than two years and I think Ed just moved up to the microphone did you have a basketball question I just wanted that so we should put on my budget proposal because it sounds like it's gonna probably be involved not that it's not a great idea but it yeah I mean it's something that to look at when we come back with CIP in the mid-year and things like that I can't get some numbers and there might even be I think there might even be a grant for cities replacing HID lights with LED and the the energy savings involved okay great thanks Steve when you and I talked about this last week you brought up the fact it could all be directional so we don't have to worry about next door neighbors and stuff like that but I did find this out from people when I was talking with the jewel box neighbors and they're bringing us up they were basketball players themselves and they said complaining about the lights not being sufficient for the basketball but not good enough for the was it the tennis courts too so there is some complaints on both sides actually all right I hear you great any other public any other comments I don't see our treasurer tonight so we'll move on to the consent calendar I'll move the consent calendar second anyone in the public like to pull anything on the consent calendar I see none do have a yeah oh wait hold on wait public first oh yes step right up I don't know when the proper time to speak is about this but I want to actually comment on something that's on the calendar tonight the last agenda item oh no I'm talking about the consent calendar which is which is just a list of items that are taken as a single motion it has nothing to do with the general government I understand why you're here good enough anyone want to pull anything it's all good I have a motion to second question question go ahead so what came up with the Historic Museum in terms of conflict of interest was that an oversight when this was adopted originally or did something bring this up or I think it was maybe the city clerk can answer it was regarding regards to board members and their filing yeah I know yes when we reviewed their bylaws we realized that they had so it's just an oversight yes okay thanks all in favor I opposed consent calendar passes and we'll move on to general government first item Monterey Bay Community power update and our action is just to receive the report welcome thank you Mark Adato here I let me just give a little bit of an introduction for Mark because he's here at staff's request as a reminder to the council Michael and I both sit on the different board for Monterey Bay Community power Michaels on the policy committee which oversees the broad policy structures we roll out this new public power company and I sit on the operations board on behalf of capital and it's been a really exciting process so far we thought it was a great opportunity to bring Mark here into town to help spread the word about what's coming up and what's coming down the pike and also share what the outreach plans are going to be for our community so our excited interrupt you but I just wanted to kick it off not a problem thank you for the introduction and warm welcome I come to you from 14 years in work with the city of Santa Cruz in the public works department many contentious neighborhood traffic calming meeting capital improvement projects relating to sustainable transportation as well as six years on the board with ecology action when we went statewide with an RFI grant and remodeled the Sentinel building with our tenants in common and then more recently as your campaign manager for the successful yes on measure D so now the outreach coordinator for Monterey Bay Community power very excited about it what I did let a little bit last minute change up in terms of the slides that I wanted to present because as these gentlemen know we had a strategic planning meeting that was January 20th with both boards present and a lot of very good information was presented that relates to the complexity that we're all beginning to wrap ourselves around in terms of this hybrid model called community choice aggregation so I'm trying to fold some of that in get to the updates if it gets too detailed circle the wagons and and we'll move on it's it's a work in progress I think we all know how we got here we've got you know 16 cities and all three counties participating in this the only two cities not or what is it King City and Delray Oaks the particular model as mentioned is a hybrid model where we bring cleaner energy sourced generation we're using the same service provided by PG&E and we're providing our customers in the counties with a choice for who they're going to buy their electricity from we offer 3% rebates to all our customers across the board for all of PG&E's rate schedules PG&E continues to provide the power to transmission the distribution customer metering and customer billing so our bill will be an add-on to that existing bill any surplus revenues are going to fund local energy programs and projects and help stimulate our local economy we're looking at net operating revenue projected of anywhere on the order of forty four to fifty five million dollars a year so this is tremendously significant we are basically I'll hit the goals in a second here a four and a half year effort yeoman's work thousands of hours of staff and community volunteer time a fiscal sponsorship from the community foundation in Santa Cruz and finally a joint powers formation in I think it was March of 2017 terms of the structure already mentioned this is very unique so for California's first tri-county CCA we also have I think the only one that set up with two boards we've got a policy board as mentioned in an operations board we have a transparent open to the public monthly meeting and the way that the participation was formulated was essentially based on population so those cities or counties that had fifty thousand more got a seat and the smaller population cities were basically grouped up in shared seats San Bonita with a little lower population but they got a full seat because their county next slide let's see so just a quick org chart I want to make mentioned that we feel very fortunate to have Tom Habashi who just completed the successful launch of sustainable always makes it up Silicon Valley's clean energy last year as our CEO so to have somebody at the helm who's got 30 years of energy trading experience is extremely valuable in terms of getting us off to a quick launch essentially four divisions regulatory and legislative internal ops power resources and energy programs and then marketing and public affairs terms of our core values very simple cleaner energy and affordable rates and local programs and benefits on the economic side those are our driving mission goals so let's get into a little bit about how the grid works without getting too mired in the details here electricity is a very unique commodity it's used obviously to power everything it needs to be stored immediately and supply and demand must always come into balance consumption is measured in either kilowatt hours or megawatt hours or gigawatt hours and then the capacity is to actually produce this energy that's consumed and this can be either deployed or remain idle and it's measured in kilowatts megawatts and gigawatts so to give you a little sense of the scale for Monterey Bay community power we need to source annually about 3700 gigawatt hours a year to service about 235,000 residential customers and about 37,500 commercial industrial ag and municipal accounts on the actual power side we need about 713 megawatts of peak load per month and that's in the peak summer so just give you a little idea of you know what our demand is this is essentially just a slide to show you the need to step down the power as it moves along the transmission system to make it usable for us so now let's swim into the pond in which we are actually operating here these slides are coming from Pacific Energy advisors who drive our analytics they're part of the technical feasibility study and they're on our consultant team now and curvy was there at our strategic planning meeting on the 20th so we are part of the western interconnected grid this includes parts of Canada as well as Baja I did not know that on the statewide regulatory side obviously we've got the public utilities commission that's regulating we've got the California energy commission that's doing all the planning and then the California Air Resources Board which is monitoring air quality terms of the grid you've got all the production on one side natural gas coal nuclear hydro wind solar and biofuels this is what's going into this eight full states on the western grid six partial states and two provinces in Canada as well as the Baja Mexico and it's providing electricity to our independently owned utilities the publicly owned utilities CCAs and direct access among others who generates the power in California you can see from this side all of the hydro that's on the eastern side of the state and the solar that runs down Central Valley essentially there are over a thousand electric generating units that are greater than one megawatt there's eighty thousand megawatts generating capacity in the state and that's oversupply what we need fifty four percent of capacity is from natural gas so that's our baseline load sixty eight percent of California's energy approximately is produced within the state fifteen percent is imported from the northwest seventeen percent is imported from the southwest and I think it's closer to thirty percent of California's generating capacity uses renewable sources right now the status a little old this is just to give you a sense of who the major utilities are obviously that's PG&E Southern California Anderson and San Diego gas and electric amongst some other smaller ones around the state like Sacramento you miss you municipal utility district and then the various CCAs which are coming along quickly nine so far and I think I heard this week Los Angeles County now Los Angeles clean powers aggregating 28 cities to form their community choice energy program energy product and services for CCAs so on the electric energy is procured through term energy contracts and this medigates risk has been a lot of conversation on the operations board and the policy board side on just how we're going about doing that and I'm getting to understand the complexity of that not my area of expertise renewable energy it's procured to meet the renewable portfolio standards that are mandated by the state and I asterisk this because other specified energy products greenhouse gas free typically hard hydro and non renewable portfolio standard eligible products are generally procured to meet internally defined policy objectives well that's us so we source 30% renewable energy from the most expensive bucket and the rest 70% is coming from large hydro from the northwest and this was done as a strategy to make sure that our rates were competitive with PG&E and would allow us to build a fiscally sound foundation for this agency so very strategic in that regard resource adequacy capacity is a big issue at the California public utilities commission it's going to be an ongoing issue regarding the legislative regulatory schedule for this coming year we're going to continue to need your support in terms of advocacy as these bills are brought forward this year in terms of scheduling coordinator services this is a subcontractor that we have that basically helps manage the forecast load that were required to service all of our customers and transactions are basically settled up with the California independent system operators and I'll look forward to understanding more about how that actually works in terms of contracting options variety of contracting options are available in regards to short mid and long term pricing structures and this gets into the complexity of what we're actually doing on the operations side for this business renewable energy products three buckets basically you could look at bucket one which is what we're sourcing it's located renewable energy located in the state of California or dynamically scheduled into California and you're basically buying the energy of the electrons that are bundled with the renewable energy certificate rather so that's the attribute that assigns that amount of energy as to what it is at its source and then once it's assigned and moves into the system it just joins the grid with all the other energy that is being produced and put into the grid it's the most expensive of the three I think there have been over time some objections raised by using some of these other renewable energy sources bucket two and bucket three as perhaps not incentivizing the development of renewable energy in the same way so that's why we went with the more expensive bucket one that's our 30% renewable energy and it allows us to meet the state mandates that we must comply with a little bit here in terms of energy procurement all renewable energy production is substantiated via these renewable energy certificates that's the ownership and as we all know 33% renewable portfolio standard mandated by 2020 and 50% by 2030 here you can basically see the upward trend it's a little less than 2% per year from 2015 to 2030 in terms of moving our renewable portfolio standards CCAs we need to demonstrate that we've actually met the specified portions of our annual electricity sales through these renewable energy credits this was a slide that was misconstrued so I apologize for that but essentially it was to show that PG&E is meeting its 69% renewable energy portfolio if you will by including 24% of nuclear power and we do not purchase any nuclear power or any unbundled renewable energy certificates and the other 70% as I mentioned is coming from large hydro so just drawing some distinctions about what is carbon-free energy you actually brought that slide back in with my computer so here you can see the 24% for their nuclear which is actually being decommissioned next slide is just to basically show you that it's the low generators that are prompting California independent system operators to then go to the market and source the power supply in terms of policy changes I'm not going to get too detailed with that but I did want to bring up this duck curve which we went into in our strategic planning meeting because this really goes to the value proposition that you're going to hear about from the various folks in the community that you're meeting with there is going to be a need to balance the operational needs of Monterey Bay community power with the desire to build more local renewable energy how am I doing on time doing okay you're doing all right I'm running your power point from here though you are I am now so I can get a full screen so oh you tell me when you want the next next line oh beautiful thank you so with this duck curve basically what you're seeing is that peak power demand has been pushed later into the day obviously the renewable energy in terms of solar and wind is coming in at the trough of the day and what we're running into because we have incentivized so much renewable energy without storage we're in a position where we run the risk of over generation of renewable energy it's being sold right now out of state at a loss because we don't have a place to store it so one of the I think exciting benefits in terms of CCAs being able to shift and push the market is that we have pardon me contracts with Silicon Valley clean energy that we're in negotiation with to get bids for 240 megawatts of both renewable energy solar and wind I believe with storage so this is how we are basically moving the market which really needs to happen and I think just last week Tesla announced doing large-scale utility battery storage in Australia so the technology is coming on board is very exciting and and if they know that somebody is there to actually purchase this then they're gonna go ahead and build it so that's our ability to incentivize the shift to get the storage capacity that we need I'm sorry next slide please thanks Jamie and I'll just I'll follow along how we're saving money obviously no shareholders and dividends being paid out balance priorities in terms of greenhouse gas reductions lower cost to our customers and investment our local community and the public accountability that goes with the transparency of a joint powers authority next slide please and now we'll get to where the risks so this basically depicts on the left side here PG needs transmission and distribution charges so that's the darker circle the bigger circle and what it is indicating is that they bundle in to their overall generation rates which are a little over 11 cents per kilowatt hour there how do you say power and difference charge adjustments their exit fees their franchise fees so it all gets sort of nested in and it's not transparent now if you look at the Monterey Bay Community Power Service model we basically have to separate that as a cost that they pass on to us these exit fees they are essentially stranded costs that the utilities say well we've procured power on your behalf long-term contracts there's a cost to that you've moved to your own power procurement so we need to transfer those costs over to you so we break that cost out you see what it is about two and a half cents per kilowatt and our generation charges are about eight cents per kilowatt hour and that's the generation amount that we pay the rebate to our customers that's the kind of green green rebate that drops down to the bottom next slide please let's see economic vitality and local choice I think we've gone over the benefits I know that people are very excited in terms of looking at distributed generation for wind solar and biomass energy efficiency retrofits the built environment demand response the battery storage I've mentioned electric vehicles basically electrifying our transportation system this would of course include the aging fleet I was just up in Scotts Valley where Alex gave his annual report out in terms of the needs that are going to need to be met by Metro as they want to move toward a new fleet that is zero mission maybe something we can help leverage them with to help obviously net metering and feed-in tariffs as other programmatic things that we can do next slide so let's go to the programs in the launch this is where we're at so all customers have the option to contribute their rebates toward developing local renewable energy resources that's a green plus program or donating their rebates to fund local nonprofit projects that lower greenhouse gas emissions and support low income ratepayers or they can keep their rebates so you have your choice in the next slide will basically show our branding of these three different products everybody's automatically enrolled in the MB choice that's the three percent discount across the board and then these two other programs that we're working on developing actually I see there's MB green is listed twice there the other one should be MB share and we're working with the community foundations to figure out the programmatic aspects of how we would use them as the repository for donor advice funds we could even have our own fund to put some of these monies in and then move them out to the community to generate benefits to lower income ratepayers disadvantaged communities etc next slide in terms of revenue local rebate revenue is the three percent off of our total revenue looks to be about projected 174 million dollars this year in a full year it'll be about 210 million so in the next three years you're looking at rebate revenue going back to customers a little over five million ten million and then eleven point four million on the programmatic side again two percent of total revenue and over the next three years and those are going into those two buckets the share program and the green plus three and a half million four point eight million eleven point four million the goal really is to build reserves and you see that building we want to be fiscally responsible so that we can have more flexibility about how we can procure our power and how we can operate as an agency and so what this means is quickly paying off our debt which is three million dollars line of credit of ten and then alone to the county of Santa Cruz for about five hundred fifty thousand and then start to position ourselves so that we can become bonded have three years of revenue to show and fifty percent of operations in reserves and that's going to allow us to do away with the escrow count the lockbox and be able to do much better job in terms of negotiating contracts to get lower-cost energy on the wholesale market next slide see there we are sorry about that catching up two phases so we're launching our commercial industrial agricultural and municipal accounts this is going to be March two notices go out in advance of that to all customers and then two notices afterwards and then phase two will bring on the residential customers in July same process two notices to all customers in advance and two afterwards let's go to the next slide before we get to recent accomplishments on the notification and sort of the people having the ability to choice since everybody is already automatically enrolled in the program folks will have the opportunity to stay with Monterey Bay Community Power carbon-free portfolio at three percent less than PG knee if they want to take their three percent and move it into those other buckets they can do that or they can choose to opt out stay with PG knee I do want to make mention that all of PG knees care programs are still fully available with Monterey Bay Community Power so you're not giving up anything on PG knees programmatic side very important and we'll be working with the public information officers with the municipalities that have next door accounts to try and push our information out as well as the mandated postcards doing public workshops and forums as well in terms of getting the word out terms of accomplishments implementation plan obviously submitted to the CPUC agreements have been signed we've gotten our registration we're up and running we released office space we're about halfway staffed up to a full complement of about 18 people and next slide and the next slide terms of community outreach obviously this is the big push right now we're going to be having a major press launch is either going to be the first or the second of March it'll be down in Monterey everybody's going to be invited and we'll work toward providing events in all three counties in terms of doing forum outreach for folks next slide I think we've gone through the milestones and I think that concludes actually so if you have any questions I'm happy to answer yeah I know there was consideration of the advisory body I'm not sure if that's correct thank you for bringing that up yes there was I went to the joint meeting a couple weeks ago so I know that was still in discussion but I was wondering what's happens so we're going to bring back a proposal it's in process it's going to come to the policy board on I think it's March 7th is our first Wednesday meeting and I think what it's looking like at this point is having a larger community advisory group or committee we're really trying to figure out in order to get this right and make it successful and have it be a leverage to both boards is to figure out what the scope is going to be we're working through the various sectors to kind of figure out the component of how many people would represent which what different constituencies obviously want a broad representation and then move forward on getting to work on actually determining which projects or programs would be implemented within the first three years so that's where the process is at thank you very much this is a public portion anyone want to comment on the presentation can we dispel one rumor we just received some letters from some activists regarding the fact that no one will pay more for their PG&E with the CCA then they're paying for PG&E right now no in fact they'll pay less correct just wanted to say that yeah for the record thank you very much for your presentation we appreciate it for the opportunity I appreciate it very good thank you and now we'll move on to the last item on our agenda a review of marijuana sales processing and cultivation ordinance and just to let the council know that there's this is not a firm decision item this is only direction to staff to bring us back examples more information options that we might pursue so staff tell us about this thank you mr. mayor city council bear with me dude let me start that again sorry so by way of background as the city council recalls in 1996 the state passed proposition 215 which legalized the cultivation processing and use of marijuana for qualified medical purposes some years after in 2014 the city council adopted an urgency ordinance to prohibit commercial cultivation and processing within the city although we continue to recognize qualified medical use and limited cultivation as was allowed by the state in 2016 the California voters approved the adult use of marijuana act which essentially legalized the recreational use cultivation and sales of marijuana however that does require permits from local agencies and we do have the ability to enact reasonable regulations last year we discussed with the city council whether or not we wanted to get into the commercial marijuana business the city council deliberated on that item and ultimately decided to keep the prohibitions in place pending additional time to study what the state was going to do with regulations and also as other agencies developed their best practices the exceptions being the council did allow laboratory testing services and acknowledge the delivery services originated outside the city was an operation the city really didn't wasn't able to enforce as part of that the city council did direct us to return in a year to review some of the state regulations and those best practices so after that meeting the state of California adopted the medicinal and adult use cannabis regulation and safety act this act established the California Bureau of Cannabis Control which requires all commercial marijuana businesses to obtain a state license and retains the city's right to control what if any types of marijuana activities are allowed in the jurisdiction the act created 20 distinct license types for example cultivation retail and testing and cities and counties under this act must authorize any applications to the state for a commercial license this slide just gives you an idea of the different approaches that have been taken by agencies and Santa Cruz and Monterey counties the Santa Cruz counties are highlighted in yellow currently capitol and scott's valley have an outright prohibition while the county and city of Santa Cruz are allowing most of the commercial types of marijuana businesses so this evening staff is seeking direction basically on two options the first option would be to take no action leave our current prohibitions in place and under this option there really be no additional work that we would need to do the other option would be to direct staff to develop options to allow commercial marijuana uses if directed staff would perform additional research study best practices and more detail and then schedule a future city council hearing to offer options and receive further direction issues like the types of uses of the council might want to pursue the number of licenses location criteria and taxation I would add that if the city council wants to take this option and but notice that there may be certain use types like manufacturing or cultivation that you're not interested in a staff would welcome that direction because I'll focus the work that we do between now and return into a future date so that concludes my presentation I'd be happy to answer any question before we open up questions perhaps the chief could come forward because I think some of the questions are going to be directed towards you and council staff and our chief of police are available for questions Ed you have anything a couple questions one is just on the policy just for clarification the chief or rich by know this but I'm concerned about what the existing laws are right now for medical and recreational as far as amount of plants that are allowed to be cultivated by residents non-commercial my understanding to you for correct me if I'm wrong I think you still allow to have six plants that you can grow on site medical or recreational there's no difference correct currently with the new protocols at the state level it's cannabis now and the reason it's called cannabis is because they combine basically medicinal and recreational marijuana so rich is right six total plants at a residential location is the most that you can grow when you can't grow six outdoors and six indoors six total plants okay and they had to be grown in a greenhouse or within an enclosure correct they can't be in the vegetable garden got it okay and another question I have is this is more of an opinion I guess I'm gonna put you on the spot your chief is I'm concerned about what you think if there's any potential impact on our police force additional staffing safety of our personnel based on implementation of legalization marijuana let me should we all try and answer or address each of those but I may have to ask you a council member to go down line again so I'll start with a potential impact on staff was that the first one I'm asking about would you think there might be the impact on the police force if we have if we adopt either manufacturing cultivation or dispensaries I guess it's primarily the most important how do you think that's going to impact our department as far as crime safety of our personnel let's see if I can address crime potential first generically speaking one of the difficulties that I think all the municipalities and police departments or more specifically law enforcement is confronted with currently is we don't have a lot of data for those cities who have decided to go forward with commercial sales in their cities to determine for instance a number of calls for service for a single location or for a group of locations in an area and you all know that for police departments and for police chiefs we like to utilize calls for service of data as an indication of potential crime in given neighborhoods or at a given location or in this instance for a typical usage that might be considered in a city so it's difficult to do I will say that as a result of prop 64 and the eventual trailer bill that was enacted in May of this year California police chiefs was greatly involved in some of the discussion leading up to that trailer bill and there are quite a few changes that have now been codified under the new business and professions code under the direction of the Bureau cannabis control that have lessened some of the concern for the police chiefs throughout the state now that was anecdotal concern that was not concerned related to raw or true data as it relates to for instance commercial sales some of the data and some of the concern that and I am a member of the Cal chiefs marijuana policy committee we've been in place for about the last nine months or so discussing all of these things that most of the cities cities are currently discussing some of the anecdotal data or actually credible data that came forward and was presented prior to prop 64 does have in my opinion a relationship as it relates to potential concern or potential criminal concern related to commercial businesses for instance retail outlets or commercial grows or other types of usages that we might be or that we in fact are considering so there has been discussion related to that credible information and it's valuable to consider that and as I mentioned a moment ago the Bureau of Cannabis Control has provided opportunities for most of the cities who are in the same position of us which is basically in a whole pattern rich stated waiting for best practices to maybe surface and follow the lead I don't know that those best practices exist yet simply because there are not enough cities who have adopted ordinances or legalized for instance retail sales to compare it to the reaction or the concern or the potential for crime concern because of that passage of their local loss with regard to safety of the officers so before I get to that it's difficult to say if there's an impact on personnel needed personnel or delivery of police officers in capitol I think the reality is whenever we have regulatory schemes in place that hope to properly govern a location or look govern a use there needs to be personnel in place that can properly manage that usage that has been adopted by a city and so I think it is wise to consider that there are police resources that would be necessary even outside of criminal potential as it relates to safety impact on the police department and I think that's more specific to if in fact there was crime potential what type of crime potential would that be and does that crime potential introduce safety concerns for police officers it's difficult to answer that with the exception of some of the concerns and some of the known crimes that were related to prior to prop 64 and the passage of 64 were related to for instance medicinal dispensaries and there is a good number of data there is a good number of crimes that occurred throughout the the state of California violent crimes that were associated with medicinal dispensaries not to suggest that there's a direct correlation between those crimes and the passage of prop 64 and recreational sales commercial marijuana activity for instance I don't want to suggest that there is a correlation but that data does exist and has been examined by Cal chiefs your third question was if I can ask you to cover most I just have one more final question it's just I of the four operations cultivation dispensaries distribution or manufacturing which one do you feel there's either the data or your opinion puts us most at risk you had delivery into that list because I think that was something that was discussed is that okay I'm thinking distribution is just covered in delivery but if you want to add that I'm I'm curious because there is there is some significant instances do we have any land for cultivation that was what I was thinking there's no land that's owned agricultural for it these are the only four categories I just wanted to disconnect yeah right dispensaries and retail are in my opinion one in the reason being is medicinal benefit recreational usage is cannabis activity and so a dispensary may occupy the same brick-and-border building for medicinal purposes as a retail outlet so I'm gonna combine those two a grow site larger in scale larger footprint if you will traditionally grow locations throughout California have introduced significant criminal concern I do believe that some of the restrictions and some of the requirements and some of the significant changes post prop 64 have managed properly some of those concerns as they relate to commercial grow sites for instance deliveries if I can and I think it would be important for counsel to hear the specific definition from the state of California as it relates to a delivery service and the reason it's important because up until the point that the business and professions code was introduced I found that each municipality had their own version and their own definition of a delivery service of distribution of a dispensary of a grow location so I think it's important if we're gonna talk about deliveries which is a great concern to me and I do have an opinion on criminal potential criminal activity related to deliveries but let me let me if I can read the definition of a delivery service based upon the state business and professions code delivery means the commercial transfer of cannabis or cannabis products to a customer delivery also includes the use by a retailer of any technology platform I'll read distribution as well because there's a difference distribution means the procurement sale and transport of cannabis and cannabis products between licenses commercial activity commercial cannabis activity not medicinal not recreational commercial cannabis activity includes the cultivation possession manufacturer distribution processing storing laboratory testing packaging labeling transportation delivery or sale of cannabis and cannabis products as provided within this business and professions code so having stated that and read those definitions as the chief of police in capitol I'm happy that we made the decision in early 17 to amend our ordinance so that we don't allow any commercial marijuana activity so that it put us in a position where that activity wasn't forced upon us simply by way of a state license someone coming into town with a state license and us not having a code in place it says no commercial marijuana activity let me talk about delivery service I do believe that that's the highest potential for criminal activity and it has nothing to do with the legalization of marijuana in California it has to do simply with taking a product that is attractive to many people and of most concern to me is the youth population quite honestly taking a product from a retail outlet into a vehicle from point a to destination B and really no viable security training security practice security component in between point a and point B and whether there are 100 cannabis outlets in a city or one there will always be a portion of the criminal population that will target delivery services because they like to commit crime potentially because they would like to get their hands on it's a cash only business that may or may not change in California there may be cash in the car there is marijuana product in the car you are able to sell that product on the street there's significant concern as it relates to the black market as a result of the passage of prop 64 that black market concern for instance in or in Colorado still exists their legalization passed in 2012 that black market concern which they state represents 70% of the marijuana usage and sales in their state is still as much significant concern today in 2018 as it was in 2012 I spoke to an assistant chief in Denver not too long ago on a completely different topic and he shared with me that they are no closer to properly regulating their marijuana industry in Colorado than they were in 2012 and so it has become a challenge chief is that the black market have to do primarily with avoidance of taxing taxes potentially it could that that is it does have to it could have to do with the avoidance of tax for for the user you can pay less on the street for same or similar product then you have to expect that some are going to do that okay sorry I'm done thank you I have a quick question to follow up so when you were talking about the definition of delivery the last line you said was the use of any technology platform is that to deliver to advertise to order what how does that all the above so any any any delivery service using any kind of technological platform to advertise or anything just their advertisement in and of itself is considered a delivery that's correct and I don't know this for a fact but I'll share my opinion that the intent with including technology platform is the great concern with regard to the advertising of cannabis products in the hands of youth okay and that's and just again just to confirm that's just for the delivery businesses or if any like if there was a retail shop that had technological you know ordering like you could order online or something is that now considered a delivery or was it just for the businesses specifically designed as delivery businesses that if they advertise on technology it's considered a delivery if there is a technology platform that allowed for instance for a user or patient to order online and they receive that product from the retail outlet that's that's delivery of cannabis does that answer your question kind of so so yeah I understand that if it's actually delivered to them once they order online that it's considered a delivery but if I understood correctly it sounded like what you were saying is that the in the definition of delivery is in and of itself the use of any technology platform which made me think if we have just a retail shop they don't deliver but they do have online ordering or online delivery or excuse me online advertisement does that somehow now qualify them as delivery was I misunderstanding I'm looking at the actual code section and I think the simple answer to your question is it's confusing the way it's written in the code okay I'm looking at it right here it says delivery means the commercial transfer of cannabis or cannabis products to the customer and then it says delivery also includes the use by a retailer of any technology platform I think on the face of it it's difficult to discern exactly what that means okay so I think that the challenge that I think the chiefs have an answer in question is simply that that that bit of code on its face is a little non-sensical I mean we can make an assumption I don't know if we want to do that but it's not written well but yeah okay thank you my question to you what's a delivery platform I mean I'm very low tech we'll hear from the we'll hear from the public we might we might still be educated from the public my guess is that I know that there are apps available where you can use the technology platform to have something delivered to your front door so but we can move away from that instead of rewriting the code shock you have questions I'm gonna keep moving so you made a point of saying that the delivery portion is what you feel is the most prone to crime do you have any data on that or experience with that or is this like contributing an extra 1% 20% or more to the crime load on any particular police department I mean it's area dependent but I'm trying to get a sense of you know what makes you feel that way it seems to me it is because someone's in the car they have product and like you said people want that so just trying to get an idea of your experience or what you know about that since you're on that council I don't have numeric data to introduce to support my concern I have a good number of years experience in San Diego that I I believe supports my concern that delivery services introduce criminal potential simply because they're always an easier target because usually it's one person driving a single car the other portion of that that is rather good news is locations buildings rather than delivery so an outlet or a commercial building years ago when medicinal marijuana was being provided to patients and nonpatients being honest there was as much concern of criminal potential at that structure at that address as there was criminal potential related to marijuana medicinal or otherwise anywhere else the industry has made great strides in bringing forward security measures to protect themselves and to support to an extent law enforcement's concern that same level of concern and effort has not in my opinion been introduced to the delivery side of the cannabis cannabis industry so perhaps any business here in town could work with you to help address those security concerns related to deliveries yeah I'm not in favor of delivery services you're just not okay and what would you think of if we did go along that direction of licensing delivery services requiring security to travel with them would that present a problem would you think that would help mitigate or maybe that's a band-aid doesn't really work well I'll say it that it doesn't a program like that mandating the business to provide some level of security to travel with them does not minimize or exclude the need for a larger number of law enforcement personnel to manage that crime potential one follow-up question so what's your sense of what people nearby if it's businesses we have it in a business neighborhood or if it's somewhere else in the city I'm concerned about the public's reaction to businesses of this sort whether it's delivery or dispensing what are some of the issues that come up that you're familiar with from your experience well man I think it's safe to say that the zoning component should should the city of Capitola go forward with authorizing this type of use the zoning component is greatly important which I suppose would require a level of community feedback as it relates to concerns of cannabis business my own personal thought is that it would make no sense to have those businesses perspective occupy an area that is for instance at the end of a cul-de-sac in a dark portion of the neighborhood that would make no sense at all right visibility is important I believe there's crime potential related to the industry I believe that crime potential is probably two or threefold if you don't locate those industries in the proper place based upon zoning ordinances our zoning requirements do you feel this potential will lessen as more and more businesses set up or you know it's like dispersing the problem I you know I'm trying to get a sense of you know how increasing the industry is going to affect us or is it's always going to be a problem and this is going to be dispersed a little bit more well I don't think that you can compare for instance an increased number of authorized cannabis businesses in a city and a suggestion that that lessens the potential for crime and compare that to the banking industry I don't believe that that's been suggested more than a few times I think the the reality that it's a cash only business right or ever or for a period of time will always introduce a level of criminal potential at the location in a vehicle upon a person if they're delivering on foot I think that makes it difficult to manage the industry from a law enforcement perspective honestly the other part that is worth discussing is data has proven that our youth population while more and more and I think there's eight to ten states in the US now that have legalized recreational marijuana while more and more states have legalized and others are considering studies have shown that the youth population specifically in one of the surveys I'm familiar with his fifth graders to eleventh graders their perception of the their concern of ingesting marijuana is decreasing so as it normalizes in our society it the concern for kids and their perception that it could harm them decreases that that's a great concern to me those same studies and you're probably all familiar with them now you know suggest scientifically that the the adolescent brain is not formed until 25 years old years ago they thought it was you 16 or 18 or whatever and so as it relates to cannabis commercial sales and access to cannabis in the hands of youth I think that that is outside of that's the greatest concern for our society is how do we prevent outside of the business and profession code outside of local ordinances outside of everything that's on paper that says youth shall not and are not allowed to consume marijuana how do we keep it out of their hands thank you Josh already on the increase chief thank you very much we're fortunate to have you on our team and and leading our team it's we keep on stumbling over great police chiefs I understand how it happens must be a great place to be a chief thank you thank you and with regard to the ad with regard to the adolescent brain I'm thinking 6570 but that's okay any other questions of staff seeing none I will open this up to the public anyone who would like to address the council on the subject please come forward speak to us hello my name is Sam Laforte I'm the principal at new consulting services we do a lot of cannabis related land use and permitting work for the industry and I just like to volunteer my time with the city on this issue I am a local resident I'm in I'm in Aptos though not in Capitola I work with a variety of cannabis related companies from Alameda County through San Diego currently and after analyzing a lot of small towns and the ordinances that are being written and working with both municipal staff and county staff a city like Capitola should look at the current regulations and the regulations of the cities and municipalities surrounding it I mean currently a delivery service in the city of Capitola will have a very limited function in comparison to what the previous license delivery service had that's because the county of Santa Cruz in their new draft ordinance has banned delivery from anyone that's not licensed in the unincorporated County the city of Santa Cruz has done the same thing within city limits so currently based on the city and the county's ordinance they've created a monopoly in one company I won't name them here who can deliver anywhere within the city and the county the only place that they're restricted from delivering currently is Capitola I can guarantee you that there is canvas delivery occurring in Capitola whether it be through unlicensed delivery services or through the US mail there are multiple companies shipping product overnight into all of these areas and they're not paying taxes there are three of them specifically in San Francisco functioning who have been functioning under the previous license version and now under my cursor who are sucking away tax dollars from the city moving forward if the city does see commercial canvas activities as a potentially safe business which I believe they can be easily I believe a retail brick and mortar location is the only option that will be viable to the commercial industry and I think there are reasonable safety concerns that the police chief has addressed tonight that can be overcome I think if the city of Capitola is going to look for mere images of other municipalities to look at look at Monterey Bay alternative medicine in the city of Delray Oaks they have a very good relationship with the police they all of their camera system is fully monitored and recorded by Delray Oaks it provides a huge level of transparency they're located right next to the police the city of Capitola has a lot of concerns associated with safety which I hear the chief I understand his concerns look at that mbam model the Delray Oaks model look at the properties so opening up right next to this location right across the street for instance limit or greatly restrict the areas that a commercial cannabis company could go to when you're looking at the tax revenue and the potential for the city of Capitola cultivation manufacturing aren't going to give you the same potential tax revenue this is a haven for tourists I worked here all through college I worked right in the village I barbacked for years I waited tables I did all that you've got seven months to make a lot of tax revenue and a commercial dispensary can provide that for the city we can overcome the city can easily overcome a lot of safety concerns by having additional safety related and transparency mechanisms built into any operation that's allowed and I think the potentials there the tourist traffic is there I understand the police chief's concerns associated with the delivery service but a delivery service within the city of Capitola I think is actually a good idea it would be very limited the deliveries would be small scale because you're only within the city and a lot of the people who need medical cannabis the people who really need it they're not buying high THC strains they're buying lower THC or higher CBD strains and those are the people who have mobility issues if the city wants to be able to allow those people to still have access to the medical aspect of cannabis a small scale delivery service associated with a retail operation I think could serve the community well it's not going to be a moneymaker for the retailer there's just no way the population is too small but it it will it will assist the people who really do need the cannabis in the medical portion thank you would anyone else like to address the council okay then we'll bring it back and before anybody makes any motions that's all you know voice where we feel we might want to go at some time in the future for direction to staff and the places we definitely don't want to go and then we'll proceed on to a vote direction Stephanie you want to ask everybody I've seen this week what do they think and I've gotten mostly I don't know I don't care I don't think it's it's here you know you know whatever a couple people said no they just didn't want that activity in Capitola anywhere if I said industrial area or 41st Avenue they said absolutely not so I'm willing to look at it and see and get some get some ideas about it I think I heard you'd say that cultivation and product and manufacturers not something we can well we don't have it we don't have a place for cultivation I don't believe don't you have to have it zoned agricultural we don't have any agricultural land and we just did our general plan it would take a warehouse and we only have one street that has any warehouses on it you could put a warehouse and grow there or is that considered agriculture we have the ability to cater our zoning ordinance how we see fit but I think it would have to be an indoor facility it's hard to imagine too many parcels along to have the the area needed to do an indoor facility but yeah I mean if though all those businesses changed and we had a whole bunch of vacant land and we could look at that for whatever but we don't we don't have any space there and we don't have any agricultural land to grow any on so I think those those should be those are kind of no not possible for us to look at thank you Stephanie shock so I think this is an issue that I have no clear idea about whether residents of capitol would one way or the other feel that this is something they'd like to see in their city in terms of the image of the city in terms of you know why they moved to capitol as the police chief mentioned the effect on their children so I think before we move forward we should provide a form and actually work towards trying to understand it's a significant issue for many people it's very emotional we we've come off of at least since I've been born you know war on drugs ongoing issues related to drugs trying to understand what is at the root of the problem whether it's emotional lack of development or criminal activity or whatever I mean it's it's a very fraught issue in this community is it's not a simple one is trying to establish any other business so I think it's coming upon us to ask our residents what they feel about this and try to get a sense of the pulse in terms of this community we're not other communities and I think everyone up here at this diocese and involved in the city here realize that so at first step we should provide that second step is I'm aware that marijuana dispensaries in any related business can pay significant amount of monies for their rental wherever they may be I'm concerned that it would crowd out other businesses in terms of rentals and make it less available excuse me rental agencies might prefer that because of the high rent so I'm a little worried about crowd out issues I'm also worried about the effect of such a business on adjacent businesses so not only I'm concerned about this people who live in capital I'm also concerned about the businesses that would be near such a business that could be very deleterious to their potential customers so I think we need to be very careful about that so if we ever do consider establishing a license and making that available in the city we need to be cognizant of the fact that there's other businesses we need to talk about where they may be located and references in reference to those other businesses those are some of my concerns at this time I'm trying to get a better understanding of and I hope as this discussion furthers some of the points that the chief has brought up and I think we need to take those into account very seriously there's many things when you're on the influence in driving how does the police respond to that how does someone respond to a situation where you're trying to determine and we don't have any real way it's not there's no breathalyzer or anything like that how does it influence activity in the neighborhoods and such like that you know I grew up in the sixties in the seventies and I'm not going to go through my experiences but it's been a gradual progression and now basically I can't walk down the street in many cases and you know there's this marijuana everywhere in many places and I'm just starting to get used to it so it's kind of weird you know coming from the standpoint if I had a simple whatever or by car I happened to be in when it was pulled over and there was something in the floor and then you get arrested to now you walk down the street and you're starting to smell it everywhere stop to stop sign and the car next to you they're smoking it's sort of a weird feeling from my perspective having seen it before and now gone through its progressive acceptance I do really agree that the effect on youth is is amazing in the sixties and seventies when it was more or less a drug of trying to expand your mind then I saw what it did to the the siblings and the kids in the families where the older brothers and sisters did it as part of their growing up in high school or college and then they got into it and then it in many cases their lives just spiraled out of control so is this something that we want to condone and deal with in such a way that youth sort of thinks it's okay it's not okay especially at that age I think the main burden is really on parents and how does society respond to these issues and I don't know if we're ready for it but getting back to my first point I think we really do need to go to our citizen tree and see what their point is what their points are and what their things their feelings are and if we do allow anything in the city I think where it's located we need to talk to the residents excuse me the business is nearby be cognizant of the fact that they may be very concerned also about having such a business near them thank you Jack yeah you know I think that cultivation and distribution and manufacturing delivery it just doesn't seem right for our size of a city and and really as councilmember Harlan mentioned the you know we don't have the kind of agricultural space needed for something like cultivation dispensaries in and of themselves I don't I'm willing to look into that I hear the police chief and his concerns that he's sharing with us and if we chose to go forward with dispensaries or retail shops what would be the correct terminology here retail okay so if we choose to go forward with retail I think that it would be worth it for us to consider a limited number within a certain amount of distance either from each other and obviously from schools and and whatnot but then also if we move forward I think it would be interesting if we direct staff to do further research on this to determine if the green cross signs are legally required in front of retail stores because if we're concerned about crime or youth identifying locations where they can get such things those green crosses are bright lights of this is where the pot is come come steal it from us so I think it would be worth looking into that because if we can say no green cross signs I would definitely say no green cross signs and then the people that are looking for it and know how to find it will find it and the people that are just kind of wandering down the street won't which would meet our sign ordinance I'm sure we have that going for us Ed what do you were you finished Christian what do you know I don't I don't know a lot I just have my opinions but willing to share those I believe this is Pandora's box and once we open it we're not going to come back from it I think the last time we had this conversation I was adamant against not having marijuana at all I think I'm 100% fan of option one I think that I can list a dozen reasons okay why we should not do this and there's only one why we should and that's because of the revenue and as much as I'm the revenue hawk on this council I don't want any part of it I feel like it is a we're trying to draw a line with with kids with attitude I mean just from what I saw tonight earlier about people driving down somebody's street this people can get excited about that they don't realize room is empty about this topic right now which I think is a big deal that can impact this town and once it's here and they realize it that it's just in my mind this is something that could run a muck in the town I don't believe the people that live here the people that are invested you know people are talking about I mean they brought it up about me million-dollar homes they're coming here what they want is they want some kind of security in this town and I think our police department right now is is taxed as it is people don't realize so we do because some of us do ride along you know how busy they are and the kind of work that they're doing and there was a comment tonight about what we can just go park our cops over on topas and write tickets you know it's like they have time to do that and the impact of marijuana in this town and I think the chief thank you for your presentation by the way but you know he he alluded to the fact that this is going to increase what they have to do it's just gonna it's just gonna cause there to be an impact I'm not prepared to fund a higher you know two more police officers per shift to cover this and try to justify that the officer of the revenue we make from the taxes covers the idea of what there's gonna be an impact I think that I want to go with you know and I'm gonna look at the chart here I want to understand it that Watsonville has a band Scotts Valley has a band and the Watsonville all they allowed was cultivation and manufacturing and understand one thing cultivation manufacturing it's all indoors or this is not like this isn't Humboldt County where we're growing the stuff in the wilderness this is all indoor factories warehouses where it's grown so I would like to be go along with the cities of Scotts Valley and Watsonville have already decided we want no part of this I want no part of this that would be my recommendation my feelings on this first of all in correction Watsonville doesn't want any doesn't not want any part of it they already have cultivation and manufacture and the mayor of Watsonville is informed me dispensaries I'm talking about dispensaries the mayor of Watsonville is informed me that dispensaries and distribution will be part of it at their next meeting so what I'm saying is I'm not saying that that's good what I'm saying is everybody is still processing this and everybody's still talking about it so in keeping with this particular agenda item as terms of not making decisions tonight I think it warrants further talking about I think that I am not things have not in favor of is manufacturing and cultivation certainly not we don't have the resources for it in any way shape or form I also on the on the chiefs recommendation do not think we should allow delivery there may be a case for medical delivery that can be covered by the individuals themselves without us coming out in favor of it and actually allowing it I think that it's it's worthy of further discussion and a public hearing to hear about retail in a finite with a finite number of licenses that travel with the retailer not the property and well while it's not in any way shape or form a reason to accept it we need to hear about the tax benefits of it because we wouldn't be doing our due diligence if we didn't I think that the zoning is very important and anything less intense than regional commercial should not even be considered I don't want to hear about it in community commercial or neighborhood commercial or any of that it's it's down 41st Avenue or nothing at all so and these are just possibilities in my mind well along with other cities still plumbing the depths of this and knowing that at either end of 41st Avenue you can walk into either of those stores and buy what you want I think that it's worth to bring it back to us and hear more information and doesn't have to come back in two weeks it can come back in a month or or a month and a half whenever that we get more information for now we have a band in place I'm comfortable with that but I think that we would by just knee-jerk and saying complete band we're playing to again the emotions of the devil marijuana which we have all lived with we have all observed we have all seen the reefer madness movie let's get past that and look at pure facts the chief may even be able to bring us more data as retail stores develop and mature so those are my feelings and I'll consider someone trying to come up with something that's a consensus that we can direct staff to so if we direct staff to come back with some answers to some of the questions and concerns that we've heard tonight and some more information fiscal analysis zoning and so forth just some more information about this and I think you've heard the council at all five of us are definitely not in favor of cultivation and manufacturing there's one of us who doesn't even want to talk about brick-and-mortar but I think you stand alone on that or is anyone else against brick-and-mortar I thought that I heard I thought the only thing I heard that there was interest in was dispensary or am I missing something well brick-and-mortar retail okay call it dispensary I think everybody else was pretty much in line with none of the others none of the other stand alone is only against everything correct okay correct but I think the only thing we're talking about is a brick-and-mortar operation here and that we want to hear more about it I'm just trying to funnel his with the things he needs to research right and that's and that's the only thing I think the council has a consensus on is brick-and-mortar retail not delivery not this not cultivation not manufacturing do you have direction staff I would also I think there might be a consensus on where if heaven forbid one was located it would only be in the it was the mall zoning that's the art district regional commercial that'd be the only district I think are we feeling good about that that we wouldn't want to go to any any lesser intense zoning areas with this but I'd like to look at some information about delivery because there's been delivery going on and I we know had there haven't been I haven't heard of any crime sprees but maybe we just haven't heard about them but I'd like some more information about that and any break-ins in the city of Santa Cruz I think they've had a pretty good record in Santa Cruz with their two dispensaries that they've had for a number of years and so I'd like to get some more information about security concerns there and what data and just in general and I think reaching out I'm sure our chief will reach out to the chief and send in Santa Cruz who we worked with as a personal relationship with and can get some definitely some information on that I think what you're what you found in Santa Cruz is not what it was five or six years ago the retailers that have survived the dispensaries have matured to a level of professionalism that was not there we could not have this conversation six years ago it was a totally different climate so Wild West it's worth it's worth hearing about that and is your I don't want to shed out delivery right now I want to just get some more information about it getting data wouldn't hurt okay I just like to add something to that but at first just one more I just want to answer the questions that are on here just for it also the other question was the attacks and if you wanted to research what oh yeah that right the the the monetary benefits and also the potential monetary drain that's something like that would be because it's not just police action we're talking about it's it's licensing zoning approval you know the administrative things that rich you handle every day Jacques you had something yeah I I firmly believe that this is going to be a great interest we just learn about not getting publicity at one we should have and getting back to the public I think we've just gone through that and slapped a little bit around so I'd like staff when this comes back to really put some effort into public notice so that people are aware in capitol that this is being considered and it would have to be something more of a press release because we can't mail cards to every single house in capitol but I think letting everyone know so we can potentially fill up the chambers or we take out it'd be a little expensive we could take out ads in the papers I will say five people on the at the sentinel get our agenda good and I think if we and you saw what we got yeah right right that's why that's why I say you know that's not good enough sometimes you have to pay for an ad that you know half the people probably don't see and there's the subscriptions to the sentinel very low in capitol but it would be worth it to see if we could get in an ad for the capitol at times if we can meet their deadline and they may be able to run a public hearing think about PSA to contact the city council member council members email us put a link up there if you want to for to for comments but yeah and stuff like this we need to somehow you know send the newsletter out with an article and and a link contact us because that way we'll get lots of people emailing us you know with their responses staff you have your direction and I think that in in spite of everything we do all five of us have to be prepared to have someone come up there and ask us why we didn't do enough okay I just like to add one more thing so our police chief gave us a pretty good report and I would like that presentation to have a little more detailed good report this time but I think you're aware of some of our concerns and in the next presentation address like what's happening locally and maybe I think you have the idea because I just want to flesh out some of the things that you brought up that's that's my major concern okay thank you and on that note last comment we had our first meeting of the what's next committee which is the best I could come up with with for the begonia festival successor and it was heavily attended and it looks like there will be a capitol of village water festival at the end of September and if you could arrange for me to address the BIA I would appreciate it because you are our ambassador to the BIA meeting on the 13th I'll be there okay yeah thank you Stephanie board only meeting or board what board well some meetings you can go to and some you can't code the BIA yeah I think go to anything you want let's just be let's just be careful three council members attending the meeting please okay Stephanie I contacted the school about having an artist's reception for our wonderful young artists at the school and I'm going it will pick a Saturday that seems convenient for a couple hours and I'll bring the refreshments will invite the students and their parents and their friends and families to have a real artist reception in this marvelous room yeah but but flowers and food and so forth and and what I think we'll do that every time they have a show because I want the students to to be celebrated and to be thanked and to be honored for all their hard work and for the teacher to be honored and for them to get some publicity about this very excellent and I know we'd how how we'd love to keep on talking until 10 or 11 but the meeting is adjourned good night Capitola and be nice to each other