 We're gonna go ahead and call this meeting of the Capitol City Council to order. We have a roll call for you. Yes. Council Member Bahtorff. Here. Council Member Bertrand. Present. Council Member Story. Here. Vice Mayor Brooks. Mayor Peterson. Please join us in the fight of the Lakers. We'll put you in the middle of an M1 in the back of the United States of America and see the results for which it's made. One needs to become invisible with liberty. And there's an order for an update. Are there any additional materials for tonight's meeting? Yes. There were two items regarding, or excuse me, two emails regarding item eight C in favor of staff recommendation. Item four, is there any additions or deletions to tonight's meeting? Council would recommend pulling item eight A to give you an item to a data server. Okay, we have staff recommendation. I can I see a general consensus from the Council. A thumbs up if we're okay with moving that item. All right. Great. So we're gonna move item eight A. Or excuse me, pull item eight A from tonight's meeting. Now it's time for public comment. Any members of the public who would like to address the Council on items not on tonight's agenda, now it's even done. Now we'll turn it over to Larry and their moderator to let us know if there's any public comment. All right. I do not see any attendees with hands up and I do not see any emails. With that, we will close public comment and move on to city council and staff comments. Let's start with staff. If staff has any comments. Yeah, I do have one comment that I'd like to make. It's actually an announcement I'd like to make. About six months ago, our records coordinator was putting up the decision of having to step into the city clerk position. It was obviously the beginning of the pandemic. Prior city clerk had just retired and Chloe Woodens, he was willing to step up and serve as the interim clerk. She's done so admirably and effectively over the last six months and I'm very proud to announce that as of today, we're removing the interim clerk title and Chloe is going to be our new city clerk. So take me in a moment to congratulate Chloe. Thank you very much. All right. Sure. Thank you very much. That's very kind of you and I'm happy to be here helping everyone, like always. So if anything I can do better, please let me know. Thank you. Congratulations Chloe, we're so lucky to have you. You've been fantastic in the last six months as interim clerk and I'm really excited to have you on board as our permanent city clerk. Thank you so much, Mayor. Yeah, I heard the full word, the official, the official city clerk. Yes, that is the truth. Thank you. Congratulations, Chloe, you're doing a great job. I work with a lot of staff and I'm sure we've been great at it. Everyone's being so nice, thank you. It's overwhelming. Any additional staff comments? That's all we have to do. Okay, we will move on to council member comments. Ben, it looks like five Mayor Brooks has their hands up. The site is live and it looks great and it's also because of your artworks, Chloe. So thank you so much. Thank you. Also, you're welcome. I'm going to introduce you to the live silence, matters of movement, stand form, I mean community member forum, I believe taking place in December. So thank you very much and congratulations against you, Chloe. Thank you, Vice Mayor Brooks. I'm seeing Council Member Botchard. Yeah, thank you, Mayor. I just wanted to say I believe everybody out of the city council, Chloe, congratulations. You've done a great job in your old position and in your secondary position as well as the website. And I think you've joined the ranks about a couple of people that have turned two jobs at one time in this city and we're very glad to be having made this decision and happy for that. And the other comment I wanted to make was that there's a time to get English challenging. There's a little bit of an incident or an incident, try to kidnap the mayor of Michigan. These are scary times because none of us can imagine what's going on in the next corner. It puts the people that protect us on high alert. So I just want to again, demand our, or the Council's new department, we're seeing a lot of work for those who know what. And I just want to thank them for showing up to work every day and doing a great job they do. Thank you. Thank you, Council Member Botchard. Council Member McCann? No, thank you, Mayor. I think it's a testament to Chloe that at this time which usually for a city clerk is one of the hardest times of their four years between election or two years between elections, having to wear all the clothes and the regulations that make sure the mechanism of government goes forward, especially at a time of election. So it's a pleasure to go into her office and so happy she's here. My other comment is, terms of it's a hard time, just like to reflect on the community that we live in. So do you know that the total lives through a flood? And at that time, a lot of neighbors in town and around in the vicinity came out to help the flood victims, whether they're businesses or people with lives in Patcliffe or any other places that have houses in that vicinity. And from something we all truly remember is the wonderful testament to the community's life. That cruise in general and Patcliffe. So I'd like to also say that we have the CCU fire and I've noticed the same thing. A lot of people that I know have either been directly affected or indirectly affected and the neighbors and friends that turned out to help us whether it was the road to the fund or offering to have people staying in their homes or take care of the pets or in some cases providing whole homes so that people can live down with the Bostonville Center. You know, if it had tons of pets, I know some of them they'd sell her a truck so that they'd carry a hay back and forth to feed the horses. So I think we truly live in an amazing area and it's this outpouring of goodwill and growing the self-control and the time that needs, I think it's representative of the community we live in. So thank you for living in San Cruz and thank you for all people in San Cruz to help us. Thank you, Councilor McDonough. I would just like to quickly make a couple of comments I'd like to echo really everything that's already been said both from Vice Mayor Brooks, Councilor McDonough and Councilor McDonough to acknowledge the structural discrimination and racism that has been based by people of color, indigenous people, throughout history, also to acknowledge the good work of our Capitol Police Department and to acknowledge the kindness of people within the community when we need to step up and support one another. I have spent the last few days participating in the League of California Cities virtual annual conference and that will come to completion tomorrow. It's been really interesting to see how this is playing out virtually as opposed to being there in person with a bunch of people in Sacramento which is how it usually would be done or I guess to share it with the Long Beach. But I really want to commend the League of Cities. They have done a fantastic job of providing really engaging content and information. Today we did have one of the series was on racial justice and equity and how cities can be involved in that and they gave a history lesson on redlining and how communities were, certain communities weren't able to get home loans because they were considered to be financially risky because it had a lot of their population of people of color and how that prevented people from building wealth. I really learned a lot today and grew out my time on City Council. So that was just one of the seminars that I was a part of today. I also took a seminar on how women in local government can join corporate boards or how you can do a pathway to join corporate boards. I did another one on municipal revenues and what we can expect in the coming years. I did another one today on housing law and then tomorrow will be one on labor negotiations and then our general assembly to wrap it all up. So it's been really interesting. I just wanted to share that all with you. For anyone who hasn't been involved in any of the League activities either at the division level or with policy meetings or the conferences, I would highly encourage it. I always learn so much and it's really exciting. So with that, I will go ahead and close Council comments, staff and Council comments, and we will move on to our consent agenda. So all of the items on our consent calendar will be enacted in one motion and the form listed on the agenda and there's no separate discussion and lots of members of the public or the Council want the polling item for a further discussion. So I will go first to Larry, our moderator, to let me know if we've received any comments from the public asking the polling item. I do not see any hands raised by attendees and I do not see any emails on the subject. Okay, great. We will come back to Council. Does any member, Council member Sahn, if you have your hand up. I just wanted to talk about the seven Cs. And I had a question last time, what's the increased funding? Were we going to reach out to those who weren't able to participate because of the scholarship fund or something like that? Is there any update on that? Hey Peter, Council. Thank you very much. Do I move again to the evening? Let's finish the rest of the consent calendar and then so we'll pull the side of the consent calendar, approve the rest of the consent calendar, that's the will of the Council and then we'll take that item separately before we go into general government. I'll move the balance of the consent calendar. Second. Okay, we have a motion by Council member Story and a second by Council member Vossorn. Before we get at a roll call vote, Council member Vossorn, if I see you have your hands up, was that just the second minute or was that a question? I'll make the second calendar. That was the second to vote. Okay, great. Okay, we have a motion and a second to make a roll call on the vote for consent today. Yes, Council member Bertrand. Hi, Lynn. Council member Vossorn. Council member Story. Hi. Vice Mayor Brooks. Hi. And Mayor Peterson. Thank you, carried unanimously. I now will go back to item seven speed, it was full focus by Council member Bertrand who's asked for an update on whether we have contacted the family to pull out of the out of school time program because the scholarship wasn't enough for them. Is that correct? Council member Bertrand? Okay. Is staff having an update on that? So I'm just, is Nikki Bryant on the call this evening? I can't remember if she said she had a contact this evening. I believe she did say she had a contact this evening and can you join? I think, I don't know if it's been here. In registration, we did reach out to individuals that have been enrolled and I am not sure if any of them decided to move forward with enrollment. We have a pretty hard enrollment significantly with, and I'll have an additional visa update for Friday update. Well, I just want to comment that I'm glad you followed through on that and I'm very happy with this program and how it's moving forward with the country. Thank you very much. So we need to vote on that separately, correct? Yeah. Both of you are ready to speak. Second. We have a motion and second, and we'll call both of you. Yes, council member Bertrand? Yes. Council member Botthorff? All right. Council member Storhe? Aye. Vice mayor Brooks? Mayor Peterson? Carry unanimously, thank you. We're going to move on to general government. Item 8A was called for a future meeting, so we're going to go to item 8B. Solid waste. Do we have to move the rest of the consent agenda? We already did. We'll go to this one. Okay, sorry. Yeah, no problem. So we're going to go to item 8B, Solid Waste Disposal Agreement with Monterey Regional Waste Management District and I will bring it to staff for a second. Hi, I'm Rick Pearson, council. I will try and get this running smoothly as possible, so I have to share the screen. All right, I haven't done both at the same time, so. And I'm already running the problem, sorry. No problem. Okay, we will share. There we go, that's the one. Can you see that, or did it not share? Yeah, we can see it. Okay, great. Okay, so this is, I think for you is an agreement with the Monterey Regional Waste Management District for a solid waste disposal contract. The city has been working with the district for over 30 years, so they have solid waste there. Prior to 2010, we didn't have a formal agreement, we were just taking theirs and being charged what they called it, the tipping rate at the gate. In 2010, we signed an agreement which significantly reduced the cost to the city and as well, the three pairs, so that we got the same rates as the other jurisdictions in the county. In 2017, due to a significant number of changes in California regulations, the Waste Management District had to give us five-year notice of termination. So in 2019, we came to the council to request permission to begin negotiation about any contract. The contract before you, the agreement before you is a 30-year agreement. Currently, the city capitol is being charged less than the member agencies at the Monterey Regional Waste Management District. Due to the current economic conditions, the Waste Management District has allowed a gradual increase of those fees charged to capitol for disposal for the next five years. At five years, we will be staying the same as the member districts, but understanding, especially with the current situation with COVID, it felt that it was better to kind of gradually put this in so it wouldn't be quite the same level of impact on the repairs. Currently, garbage, regular waste, yard waste and commercial organics are hauled to the Waste Management District. Recycling is currently being taken to the Green Waste Facility in San Jose. Because this disposal rate is a factor in the actual costs for collection, the city will need to begin negotiations with Green Waste to make changes to our franchise agreement to include these increases in costs for disposal in the next five years. And because of that, in all probability, there will be an increase in rates paid by a capitol customer, but as I mentioned earlier, it's a gradual increase over the next five years, not all at once, so hopefully it'll be easier to absorb. Just a reminder, it's a good thing. Currently, capitol residents have the lowest collection rates in all Sanctuaries County. We still believe that's gonna be the case, but again, this will be part of the negotiation process for the new franchise agreement, the Green Waste. So the recommended action for this item is to authorize the city manager to enter into an updated agreement with Monterey Regional Waste Management District for disposal of solid waste generated in the city of Capitola. And at that, I'm finished with my presentation. I'm billable for questions. In addition to Flanagan, the general manager at the Waste Management District is only gonna zoom call if you have any questions for him. Great, thank you. We're gonna take you to Council for questions only at this time. Council member Bertrand, I see you have your hand up. Intermuted. Okay, we're gonna come back to you, Doc. You're still muted, but we're gonna go stand for comments and then we'll come back to you. That's done for you. Yeah, thank you. We're gonna understand the question about where the births of the capitol rates on the page with capitol page 90. Okay. Yeah, the figure on the far left-hand time, the 3752, is that how much of a, it will increase? No, I'm sorry, I didn't notice until it went out that the table got a little skewed. 3752, I believe it's a current rate where we are being charged per time for waste taken to a modern regional facility. If I'm incorrect, Mr. Planning, if you can correct that, but I believe that's what that is. Okay, and therefore then, on the next column, the actual rate would just be going up by about $2.48, yes, for this fiscal year, and then we increase gradually each July 1st moving forward, and then at five year time, it would get to the same rate as the member agencies. Right, okay. Got it, thanks, thank you. All right, can I have a little bit of your time, please? Thank you, Mayor. I have two questions. One question is if I receive a letter from a resident in Cattola inquiring about being able to recycle organic, and I sent them so they have an organic product for every resident, and that's part of the recycling, normal recycling. We only do it the last month, so I'm wondering if in form of future negotiations, you can expand to see how reasonable that is. That's the first question. The second question is, are recent laws that were signed by the governor of California mandating increased recycling in the cloud, I believe, and I don't know exactly when that's going to be implemented in terms of pooling of implementations, but it's going to greatly increase the cost of reducing reimbursement to the haulers because they're going to have to recycle that cloud and they'll get money for it. So, that's part of our future negotiations. I will allow, as far as the first question, as far as residential composting, I know there are some laws out there that kind of map up the pathway for residential organics currently. I think you mentioned the other ones, but we are actually, we have a commercial organics program for all of the city that Greenways is implementing, but for residential, Tim, are you available to talk to that? All right, I am. Can the council hear me? Good evening, Madam Mayor, members of the council, I'm Tim Sanning, the GM for the Lake Management District, and yet the tiered question, council member, we don't be working with our organics process, or we're under the same criteria that yours to be in. There will be running a couple of pilot programs that will probably in the next year or two will also incorporate residential organics or residential food waste in that. So as we look to develop that, we'll be in contact with staff and let you know what that is, that it's something you will have to work through with Greenways Recovery, your hauler, but at the back end for us as a collector, we are going to be working on a system that would accept that, sort of be very clear. We have to work that through with Greenways Recovery first, and we'll be working along that in conjunction with them. And just for further clarification, I should say, you will ultimately be charged only 95% of our member agency rate. So you actually will get a 5% discount that our member agencies do not receive. So you get a little bit of the discount under this agreement if you go forward and exit to it. Well, thank you. Now I didn't realize that. You can take this or that. My second question was on your second class. How now is the requirement to incorporate that into manufacturing across both, et cetera? I don't know the answer, but I will be, as far as Mr. Flanagan mentioned, we will be, all of these things we'll be taking into our new franchise agreement with Greenways because we do have responsibilities for that. That will be part of what we bring to you when we have that agreement worked out. Thank you. All right, any additional questions from Council? Seeing none, we will bring us to public comment. Rary, do we have anyone who has their hand up or just provided any public comments on this item? I don't see anyone with a hand up. And I do not see any emails on the site. All right, with that, we will bring it back to Council for discussion and vote. And I see Council member Walsher has a hand up. So that's for Prince Council of Rivers. That is to make a motion for Woodstock to start working under the action. My second. I have a motion and a second. Can I have a roll call, please? Yes, Council member Bertrand. I approve. Council member Batur. Think I see him saying aye. Yes, please. And my previous vote aye. Thank you. Council member Story. Vice Mayor Brooks. Mayor Peterson. Carried the hand up, please. Thank you. Let me see which item we're moving on to. I have a dog trying to eat my homework. So, the attention is just to hear my apologies. We are moving on to the next item, which is, all right, here we go, my apologies. We're moving on to item eight C, the staff is the personnel analyst and deputy city clerk classification. And I'll go see Stafford as a person. There members of the Council, let me just share my screen here. Okay. All right, everyone's great. That's good. So, just a couple of weeks ago, we received notice that the executive assistant for city manager, transfer tire Thanksgiving this year. And as you may recall, we already have two agencies in the city manager's department that includes our city clerk's former position and record coordinator as well as our receptionist. So this will bring us really, a number of agencies in a six person department. So we need to take a look at what the responsibilities are and what we're doing right now and how we're gonna fill this moving forward. Right now, the executive assistant and city manager serves as the deputy clerk. It's actually a very important role because it provides a little bit of backup in the event that the clerk is able to do a meeting or put out an agenda package. We still ask for a meeting, and we still have to put out the agenda package. So it's very important to have a deputy city clerk. In addition to the effective city manager helps with scheduling my calendar, city hall phones, also take care of all our personnel in terms of personal records and records we need, the recruitment and then the liability claims. So, when we look at the agency, there's a great agency that we have in the city manager's department. It really became apparent to me that we could probably reorganize the things at this stage. And so what we're suggesting is getting rid of the the executive assistant, the city manager, and then creating a personnel analyst position and then creating a deputy city clerk position by getting rid of the records coordinator as well. So basically, replacing the executive city manager with a personnel analyst and then trying to backfill Chloe Boe's position with the records coordinator with a position that would be deputy city clerk. So that's basically the structure. So we're proposing to fill both positions on a part-time basis, the deputy city clerk position, I think we would require a lot of people's availability in one part-time or full-time, and then evaluate the candidate to see whether or not we had a good candidate to fill the position for our time. Initially, we're thinking fill that position part-time. The advantage of having the deputy city clerk position move over from where it had been to somebody who's directly reporting to the city clerk is I think it's pretty apparent that we take the city clerk's number two and have them actually report directly to them. So I think we made for smoother scheduling, training opportunities, and just provocative and more robust sort of overall provision of service that we currently have. We're proposing to fill the records of the first-cell alias of the state salaries of the executive assistant and city manager, and we're proposing a minor above to the records coordinator to bring it up and also do that deputy city clerk responsibility. But overall, that doesn't really result in anything that really don't change an overall cost. So the legislative action would be to improve the creation of the first-cell alias to deputy city clerk job classification, job descriptions. We need to amend the state's salary schedule. We also need approval and side-letter. The amendment to the MOE with confidential employees because currently the confidential employees identify as all being exempt. And the first-cell alias makes more sense in an hourly position, particularly because it would be a $20 week job. And then we'll be authorized to recruit for both the first-cell alias and deputy city clerk to $20 a week. And with that, I'm available for questions. Thank you. Do we have any questions from council members? Seeing none, thank you. Okay, the next one will turn it over to public comment. Larry, do we have any members of the public that have comments on this item? I do not see any attendees with hands up and I do not see any emails on the side. All right, with that, we'll close public comment and bring it back to council for discussion and a vote. If there's any discussion or a motion, go ahead and raise your hand. I see council member Bertrand's hand is up. Do you have any council member Bertrand? No, sorry. I accept the recommendation as proposed and I'm sure it's in the book, including. I'll square it here, guys. All right, we have a motion by council member Bertrand and a second by council member Botsworth in the additional comments. Seeing none, you have a roll call, please. Roll call vote. Council member Bertrand. Aye. Council member Botsworth. Aye. Council member Story. Vice mayor Brooks. Mayor Peterson. Thank you. Passes unanimously. And we'll move on to the final item on tonight's agenda, an overview of the zoning code public review in preparation for adoption. Turn it over to staff. Thank you, Mayor Peterson and city council. Can you hear me, okay? Yeah, we can hear you. Okay, great. Good evening and this evening I'm here to bring forward the zoning code update. We're going to start adoption hearings in the next meeting for our first reading. Whenever we have documents, this is 378 pages long. I feel it's good to get it out in front of you ahead of time. So really that was the basis of the placing that's on the agenda tonight on your brief overview just to check off some boxes that we got, things right, what's the direction you gave us as the last special meeting that we had and bring up two items that came up with planning commissions and from there, I wanted to make an opportunity for adoption hearings for any questions or items you'd like me to bring back for discussion. So very quickly, the zoning code update process, last July, we've been through the majority of this process with one public document that went out last year, 2019, and it just went to another 90 days for a 60-day public draft. The planning commission reviewed for the second time on October 2020 gave a positive recommendation on the draft. One commissioner, Commissioner Welch, had continued to have concerns for the coastal overlay zone and did not, he was a native vote on the recommendation to city council just to have concerns with possible overreach. But the planning commission for work did the con, we'll go to the next door for your speech. And so currently for adoption, and so the final draft has been published for the adoption hearings, but at this point we are moving forward with, make sure there's no questions left. So this first topic, monarch closed in. There have been four different modifications from the 2018 adoption. The final direction from city council was just put the monarch closed in as we added vacation rental as a conditional route to that site. And for a single family, we added other conditions that a conditional use is required with a single family home and allowed in conjunction with overnight accommodation use or access to a viewpoint. Next, we went over in depth chapter 244, the coastal overlay zone. This we had had the coastal commission identify exactly where any modifications, real questioning exactly where it came from the state code, without feedback from the coastal commission and removed anything that was not tied back to the state law. And that has been updated and sent couple meetings on topic two. The third topic, village parks. In the, we had some, not so easy to, a whole lot of life-hanging movement about how to pervert on the end of the last meeting that city council recommendation was to go forth with the staff recommendation and there's a last section where these were non-residential use. So it was related for commercial and residential uses, the parking standards. And then last, the village hotel height. The coastal commission staffs had recommended a 10-foot limit and including all the rooftop architectural elements. When we went before, planning commission had changed a little bit and the plan had recommended the age system that specifically come so low to take away the 10-foot height, clear up grid and views that are from and then include those rooftop architectural elements. So that captures what we heard about lacking. And there's some great, two last new things that came up that are questions as we're seeing applications for. First is drive-throughs and distance measurement. So in the current standard, within the new code states that drive-throughs are prohibited within 100 feet of a residential zoning district or residential use, including residential properties outside of 51M. There's no rule for how you measure the 100 feet. You want to clean that up and just add one sentence that distance is measured from any specific third and just for use from the drive-through service that including the vehicle aisles, menu board or example of this is the current McDonald's. It's 110 feet from the residential property line behind it. If they were bringing a drive-through, it couldn't stay, it couldn't be within that 100 foot setback area. Next is rooftop deck. For the rooftop deck, currently there is no requirement for a design permit for a rooftop deck that's just on the rooftop. When we found out, we would like to add that its plan permit is required to plan a commission review for any commercial residential building with a rooftop deck. So that was an error. We'd like to clean that up. And with that, I'm happy to take any helpful questions. All right, thank you, Katie. There are eight questions from Council members. Council member John. Yeah, thank you very much. I enjoyed reading this. I have to be crazy to do it, but I didn't enjoy reading it. And I just would like if we could review the item 17.88 from zero file which deals with the Village Hotel. And in particular, I'd like to know a little bit more detail about what the Coastal Commission recommended. And I'd like a little understanding of what their perspective was. You sort of briefly touched on it by saying 10 people are the bluff. And if you could expand on that, you've had extensive conversations with them so I'm trying to understand where they're coming from. All right, it's a great question. During their review, they actually thought that that would be a useful tool for us and it would be easier for us to analyze to have a measurement from the bluff of 10 feet. The language about keeping the view and being able to see the greenery above the hotel is directly from our general plan. And I think that they weren't attached to the 10 foot. I think they were helping their staff out. So I don't expect to see that one come back as a bluff on it. Okay, it's done. Thanks very much. Any additional questions? Being none, we will bring it to public comment. And I'll turn it over to Larry. Thanks, Mary Peterson. I do not see anybody with a hand up on this item and I do not see any emails. All right, then. We will bring it to a public comment and bring it back to council for discussion in a vote. And I see council member Bertrand doesn't stand up. Right. Thank you very much, Mary. Last time, it seemed as for us to get our general idea of what we felt about things. And I had a comment about the hotel also. And I don't feel that what's being proposed captures what we heard many, many times in public meeting about what the resident, the capital, the life of the hotel plans that maybe brought to us at some point in time. So I still have other questions about the language. Thank you. Thanks, council member Bertrand. Any additional comments? We, oh, sorry, talk to her about work. Yeah, my reason for the recommended action is just to expect, to expect the presentation. So make a motion that we expect the presentation and we have a motion, do we have a second? I have a second. Oh, we have a second from council member Bertrand. If I could have worked to serve a comment or were you chiming in on the second? I was chiming in on the second. Okay. I think council member Bertrand need you to do it. Sorry. Oh, I'm going to point to it. All right. We have a motion and a second. Can we have a roll call vote, please? Council member Bertrand. I am approving this for discussion second. Wait, no, we're doing a discussion. This is a vote, please. Thank you very much. I approve. Perfect. Great. Council member Bossworth. All right. Council member Story. Aye. Vice mayor Brooks. Mayor Peterson. Aye. Thank you, carried unanimously. And with that, we've come to the end of tonight's meeting. I think this may have been the shortest meeting of the year. So enjoy the rest of your evening. Thank you so much. Council members, thank you to staff. Have a wonderful night. Take care of yourselves and take care of each other. Well, goodbye.