 And to the republic for which it stands one nation under God in the visible with liberty and justice for all Thank you So we do have once we get settled here Sam will ask you to give a report on close session The council consider both agenda items and direction was given to staff. Thank you city clerk Any additional materials? Yes, we received three additional material items one for item 10a one for 10d and one for 10d 10d is up at the dais the most recent there were some number changes in the staff report for The the garbage rates of that's not 10d 90 thank you and Good news is they're lower So you'll see the correction in red Lower is good Okay, let's move on to any additions and deletions in the agenda Staff has no changes Okay, so this is a time for public comments on anything not on the agenda Come forward if you'd like you put your name on the dais there and you have three minutes Hi, Sharima Koi Capitola residents and the light will come on since signifying you're starting. Okay The purpose of the capitol a mall is to make money for Capitola these days many consumers shop online and a trip to the mall is unnecessary We need a special place that is much more than just for shopping a true destination spot Where people can spend their money and enjoy a unique capitol experience When Merlone guy or partners presented their proposal for redevelopment They showed pictures of the Venetian the six sisters and other examples of capitol architecture Then they showed drawings with their Interpretation for a new capitol aesthetic the renderings do not reflect the charm of capitol in any way They look like any other ugly mall in American in America with high density housing slapped on to it the proposal Medicates a considerable amount of property and amenities exclusively for new residential use Courtyards filled with relaxing green space turf for outdoor games activities and exercise group gathering spaces expansive bar seating and relaxing lounge nooks Amenities such as these should be in the grand plan for all mall patrons not for newly created Residents with a seven-story building wrapped around an eight-level parking lot in a five-story building wrapped around a six-level parking lot and their 1,100 cars Unrealistically the renderings show a handful of vehicles with people happily walking in front of the cars creating new streets for residential access and shoppers will not Eliminate the traffic on the surrounding streets New streets with a four-way intersection in the middle of the project does not build community It builds separation Research indicates that residential use for this site is not profitable for Capitola Emitting housing from the project will also free up the massive amount of green space the plan reserved exclusively for residential use Outdoor dining doesn't have to be eating at a table on a sidewalk thoroughfare next to street cars Outdoor dining should be patrons in a relaxing place to get away from it all Including escape from the car exhaust loud Bluetooth conversations blaring radios honking horns and cussing from drivers waiting for motorists to hurry up and navigate the angled parking spaces on the street although the plan frowns on Orphan buildings it calls for isolated units to introduce sidewalk oriented commercial buildings along 41st Avenue street frontage Let your temporal forces guide you to preserve Capitola's unique cultural and historic character and Happy holidays to one and all. Thank you very much. Okay Anyone else would like to speak Okay, seeing none we'll come back to City Council and staff comments Okay, this will be my last time as mayor of City of Capitola at least for this time this period of time and So I have a few comments Be very brief So in this last year, I've been very impressed with the fact that this city comes forward when challenges are confronted We've had a number of hearings on various issues like the downtown hotel proposal. We've had complexities related to city planning membership And we've had a large response when Roland Geir has presented its plans to us So that Indicates to me that we have a healthy community. We have people that pay attention to what's going on in this community We have people that are willing to come to us to the City Hall meetings and other means that we've had and comment Often saying things that they know people may not agree with But it doesn't matter. They're here expressing their opinions and I want to encourage the citizens of Capitola to continue doing that I want to further encourage you to get more involved because that's what makes us a healthy community When I first moved to Capitola over 20 years ago, maybe it's 23 or 25 I can't even remember how long I've been married. I always forget these things But when I first became involved that was one thing that impressed me and it's been a constant Many people that I've met on the street. I walk the streets a lot talk often about how they know their neighbors They talk often about how they feel comfortable walking around the city. They feel safe or police But also the community that's part of us is making that a safe environment So these are things that you as residents contribute You contribute by being a participant. You can you contribute by making your presence known in this community The second point is this community is actually very complicated. There's many different organizations. There's volunteer organizations There's groups that are connected with city nonprofits groups that are connected with efforts on God so many different things if you have an issue maybe connected with the RTC or connected with something that's happening in terms of housing There are multi levels of groups that people can get involved in and I encourage you to do so So with that I'd like to also point out a few things I Witness a confrontation in one of the commercial areas the other day And it was between a resident and some of our police officers And I asked the chief about it. I was very encouraged to know that What happened was an effort to talk this person down from the situation that was riling that person up. I Really like to give a shout out to the police I know the chief has put in training so that this is now a natural way that we deal with the issues That are on the street here before and many other areas of this county and maybe in this country People are arrested given citations and maybe hauled away. I have a Special thanking I think to our police department for acting in this way to calm people down And to recognize that sometimes things just aren't working right I Our witness is also to Starbucks. I was in a Starbucks A lot of you know that I go to many different places I could talk to people and the lady behind the counter There was someone sitting next to me just going crazy the lady behind the counter came over and talked to this person Person calm down actually apologized said that just something ticked them off and for the rest of the half hour I was there. It was fine. So I think this bespeaks is something about how we interact with people Just realize that sometimes it's a little bit difficult and also realize sometimes we don't have to Excuse me magnify the situation making into something. It actually isn't so my shout out to the police department Also, I'd like to shout out to our our streets and streets and road division run by Steve There's a lot of people up by the McCormick triangle We now have a little pseudo park and it's a great thing the people in the neighborhood love it There's a seat there that people who sit on and such like that and everyone is feeling a lot more pride about their little neighborhood And I completely think it's a wonderful thing that Steve's department did There's many other things like this. I'm just thinking of two so When you think about why you like this city It's not just the people that live here. It's also the services that the city provides Just like you rake up the leaves and from your lawn You keep your street clean. You put out your garbage You do all these things the people that work for the city capitol who do this things for the city in general And that's what we learn to expect but don't take it for granted So when you see someone that is part of the city here, hey say hello Wavedome make them know that they're part of the community the reasons why I give these comments is because Being mayor for a year has made me realize the richness of this community And it's also made me realize how interdependent we are in terms of making sure it's the place We want to live in and keep being involved. So we stay that way. Thank you So your patron before we move forward the staff and the council would like to present you with a gift to thank you for your service Oh this last year is there Well, thank you. Thank you. Okay. I will open it now when I was in business and marketing I had to travel all over the place and I went to Japan and I was totalist told you have to give gifts So I gave gifts, but I was also told it was impolite to have them open in front of you So I mean there's cultural differences all over the world And you know, I had to take a course on culture sensitivity, but in capitol it you open up the present It's definitely a trick back Okay Okay, well, thank you very much. Thank you Okay, so let's move on to item 7-1 and this is city council reorganization for the selection of mayor and vice mayor I'd like to open it for nominations ed you seem to always have something to say. Well, thank you, mr. Mayor I think just an announcement I like to make for the public watching in case they don't know and that is that in capitol We don't elect a mayor. We appoint a mayor and every year we The council who are all proud to serve here select the person they feel is best suited to be the face of that city because What you see now is that although we all serve as council members a lot of the public Flocks to the mayor and and the advice that that person may give so it's a extreme honor to be the mayor of capitol I believe and With that it gives me great pleasure to nominate Kristen Peterson for mayor for 2020 This year a sec. I'll second that nomination. Okay, any discussion. I don't think we need any roll call vote, please Councilmember story I Councilmember Peterson I Councilmember Brooks I councilmember Batur. Hi and Mayor Bertrand. Hi Okay with that I hand you the cap Yeah, quick reorganization of the dais as well, okay Thank you Okay You're not thirsty All right, thank you so much I am honored to serve in this position in the coming year And I think my fellow council members for your faith in me to hold this position on the council and I will Do my best to make you proud. Thank you We'll move on to the second part of item 7 and reorganization Which is consideration of a vice mayor for 2020 Is there any discussion or is there anyone from the public that would like to address the council on this before we consider a nomination? Saying no, we'll bring it back to the council for a nomination I would be proud to nominate councilwoman Brooks to be vice mayor second We have a motion in a second. Shall we do a roll call vote again? Why not your pleasure Councilmember story. Hi councilmember Bertrand. Hi councilmember Brooks. Hi councilmember Batur. Hi and Mayor Peterson. Hi Congratulations And again quick reorganization of some seating And if there's unless there's any objections will save any other Rotations of seats or any other changes for our upcoming meeting Sound good general Okay You are right here sir That's true All right Wonderful. All right. Thank you so much vice mayor Brooks. Do you have any brief comments before we move on? I just received a text message from my husband saying that he Logged on with my five-year-old daughter to watch this and that just fills Too much of my heart Wonderful, okay, we're gonna move on in tonight's meeting to item 8 boards commissions and committee appointments 8a is a point art and cultural commission members. Do we have a staff report? Just a oral we have three seats that are Open which were advertised we and we have three members who expressed interest in being reappointed As is the practice in the bylaws that is supported by the full council the art and cultural commission, so we have the reappointment of Callahan Wallace and I'm missing the third You know, I'm Lory Hill. Lory Hill. Thank you And at it is at the council's pleasure Thank you Is there any member of the power? Excuse me? Is there any questions from the council on this item? No questions. Is there any member of the public that would like to address the council on this matter? Seeing none, we're gonna bring it back to the council for discussion Any discussion No, I'm waiting here from the representative from the arts and cultural commission Well, thank you Thank you, Ed. Well, I think I just I mean I've worked with all three of these individuals over the past year And They're just all very hard-working volunteers for the community They they have done and continued to do so much toward Enhance in public art in our community There've been numerous projects that they've been involved in And with that I would like to make a motion that the council consider reappointing Mary Beth Cahalan, Lory Hill and James Wallace as the at-large members For the capital of arts and cultural commission. I'll second it We have a motion in a second all in favor. I any opposed any abstentions motion carries We're gonna move on to a B appointment of a youth member to art and cultural commission I'm very excited to announce this. This is the Last open spot we have for a youth member. So we now have Should it be your pleasure to appoint him a youth member on all of the boards which have eligible spots So fantastic that that is a very positive milestone and this nominee is Aiden McKenzie grew up in Capitola had the opportunity also to be interviewed by the Arts Commission they have recommended his appointment Is Aiden here? He's not okay, and so it is the council's pleasure Great. Thank you Any questions from the council a member of the public that would like to address the council on this matter Saying none. We're gonna bring it back to the council for discussion I'll start off. It was Aiden that approached me and I met with them actually to discuss getting involved in the city And he actually is a neighbor of Sam's is about five doors down from Sam, but Come from a great family Very enthusiastic said he wanted to get involved and run the city and I said well Let's start off a little bit, you know You can get to run in the city, but I just Great great person a lot of enthusiasm, and I'd like to make a motion that we appoint him to the Art and Culture Commission I'll second that motion and if I may add You know I've known Aiden all his life and And he was at the last meeting that we had last Tuesday night And you know I've been involved with the Capital Arts Commission for probably going on 30 years now And this is the first time that we've had a youth member So I am so pleased that he's willing to step up You know be involved be engaged and participate in the Arts Commission And it could it is the stepping stone to greater things in our community, so we'll see where this takes a so thank you We have a motion in a second all in favor Hi, any opposed any abstentions motion carries unanimously congratulations All right. Oh We have item 8c consider Council Financial Advisory Commission membership Yes, the Charter for the Finance Advisory Commission requires two members of the council to sit on this body and Gives first right of refusal to the mayor and the vice mayor So we would like to know at this point whether the mayor and the vice mayor intend to Take those seats or if they would like to have others appointed in their place Depending on that decision. We may also need to open up nominations for representatives because Of the domino effect we may have other positions that we will then need to recruit from the public, okay Any questions from council on this any member of the public that would like to address the council Saying none. We'll bring it back. I personally would like to continue in my role on the Finance Advisory Committee Council vice mayor Brooks. Yeah, so I'll be stepping in as well on the fact and I just want to Make sure that we I recognize Doug Crowder who was my previous appointment For his his dedication this past year. So thanks to Doug Absolutely, so do we need a vote on this or is this just a okay? What will happen though is now we have a vacancy and so The city clerk will be advertising the vacancy and then it'll come back to the council I believe it'll be council member for trans appointment then once we've advertised the vacancy for you to make the appointment Not until we have gone through this process So I will notify him and it is as it is required in that by state law We have to open it up to everyone and after that point we will bring it back But the commission does not meet again until February. So this taking this action at this time gives us plenty of time to make Do that outreach. So thank you. Thank you All right, we're going to move on to consent calendar. These are items that will be enacted by one motion Is there any member of the public that would like to address the council? Regarding any items on the consent calendar or would like any item pulled for separate discussion and consideration Saying none. Is there anyone on the council that would like anyone from consent calendar move for separate discussion? Saying none. We will entertain a motion. I So move except the consent calendar Do we need to accept that motion with the changes that were presented to item 9d? earlier by staff good call Get a clarification from staff. I moved the consent calendar with the updates provided It doesn't affect the the resolution it was not the resolution So we have I'm sorry, did we have a second We have a motion in second all in favor. Hi any opposed any abstentions motion carries unanimously. Thank you Moving on to general government and public hearings item 10a consider an appeal of the planning commission's denial of a tree removal permit For a coastal redwood at 1649th Avenue. Do we have a staff report? Thank you Mayor Peterson and counsel The item before you tonight is an appeal of a planning commission denial of a tree removal permit to remove a coastal redwood tree Near an existing single-family residence in the single-family residential zoning district This evening staff will describe the tree removal application process and present the appeal Next the appellant will be given the opportunity to speak and answer any City council questions The mayor will then open the public portion of the hearing and that will be followed by a city council discussion and decision Most tree removal permits reviewed and are reviewed and approved at the staff level indicated by the track on the left here They begin with the preliminary Preliminary review from public works staff who can approve the removal of a non-heritage tree if findings for removal can be made If findings cannot be made the application is transferred to planning staff for further review The city may require the applicant to pay for an arborist under contract of the city to provide an arborist report for the tree The community development director will then make a determination based on the findings in arborist report As noted in the staff report the current appeal before you went through the required steps And the permit was denied by the community development director based on the arborist findings an appeal of the community development director Determination to the planning mission was received on May 28th 2019 a subsequent appeal was made to the city council on October 13th 2019 the tree proposed for removal is a coastal redwood located in the front yard of 1649th Avenue approximately five feet from the side property line The tree is several feet in diameter at breast height with a large canopy The lower canopy extends over the northwest corner of the appellants residence The canopy extends into the adjacent property of 49 10 captola road But is not over the residents the tree is not heritage tree and not located in an environmentally sensitive habitat area There's a couple of views of the property showing the canopy extent in relation to the two homes In January 2019 the tree experienced a branch failure as shown on the right Sorry left in March 2019 the tree experienced a second branch failure The tree experienced a third branch failure in November 2019 In order for either the community development director planning commission or city council to approve the removal of a non heritage tree The same review process applies at least one finding for removal must be made and there must be no feasible alternatives including trimming The findings which include the health of the tree safety considerations and property damage are shown here They will be addressed individually in the following slides The first criterion considers the health or condition of the tree with respect to disease infestation or danger of falling Public works staff the consulting arborist and the forester all considered the tree to be in good health Although branch tip damage from marine air was addressed by the forest Forester and arborist neither indicated that the damage was a concern to the overall tree health Based on the assessment staff could not make a finding of removal from the health or condition of the tree Second consideration is safety The arborist stated that the tree did not appear to have been pruned or managed in a manner that would decrease branch failure potential He added that maintenance pruning would address present safety considerations Based on the ability to mitigate future risk of branch failure through proper maintenance staff could not make a finding of removal for safety considerations Third consideration for removal is situations where a tree has caused or has the potential to cause Unreasonable property damage and or interference with existing utility services According to the arborist the tree is not at risk for total failure or falling over Concerns for potential property damage pertain to the loss of branches as With considerations for safety these concerns can be addressed through the maintenance pruning of branches Based on the ability to mitigate future risk of branch failure through proper maintenance staff could not make a finding of Removal for a tree that has caused or has the potential to cause unreasonable property damage The fourth consideration is that all possible and feasible alternatives to tree removal have been evaluated Including but not limited to under grounding of utilities selective root cutting trimming and relocation This finding must be made in conjunction with one of the previous findings for removal Based on the alternative described in the arbor support staff could not make a finding that no feasible alternatives Exists and therefore denied their permit So with that staff recommends that the city council deny the appeal and uphold the planning commission denial of the tree removal application and The approval of the pruning measures established in the arborist report Thank you, we'll bring it back to council for any questions. I'll start at the same Sam any questions Yeah, maybe Matt. Thank you for that Report I said did have one question of clarification on the arborist report and which you spoke to In this report I read where he states that There's no reported history of tree maintenance by the current owner The subject tree does not appear to have been pruned or managed And it states in a manner that would decrease branch value of potential So my question I I read in the record that the current owners have done Some trimming and attempted to do some maintenance back in 2012 2013 and that's not reflected in the arborist report So I guess my question is he's saying That he could see that had been trimmed, but it wasn't trimmed in a manner that would decrease branch failure Yes, or is he saying that he didn't see or he's saying that there was no trimming Done to the tree at the time of the report. I don't believe he'd received From the appellant on the information about the year in which they got the trimming done But was standing that some trimming work had been done, but not in a way that he would advise proper trimming Sounded like more of a branch removal full branch removal rather than tipping. I think it's called to Manage how the tree grows And it doesn't seem that the arborist speaks to the appropriate type of trimming And it could you clarify is the arborist saying that Branch removals the appropriate way to do it and it's didn't sound like it was or that branch trimming the tips of the branches is The appropriate way to do it and it was not done that way I don't know exactly the specific way that was Recommended there was a specific regimen that was discussed between the arborist and Lewis tree service that in which he established that Done properly whatever that entails with tipping would maintain the tree for the next eight to ten years Okay, yeah, thank you I could add to this. I spoke to the arborist James Allen yesterday Just to and asked a similar question and his advice was to tree tipping or to trim the ends of the tree in order branches in order to decrease the weight of The actual branches so rather than removing single branches the whole branch His suggestion was to trim them to take off some of the weight. Thank you council woman or excuse me vice mayor Brooks So the trimming that took place in 2012 I believe it I believe it was was that done based off of the direction of Council in 2012 was that something so they did that on their own And that was the same year that they applied for the removal of the tree that It's from what I I'm not sure I'd have to look back and check So when I look at the picture here, and I've gone out and speculated tree about three times The last was today and I did talk to the owner It seems like the tree is out of balance so on the side not on the property owner side, but on the adjacent owner side, it's Weighted over to that side Have a little concern about that. I think the branches that broke off were on the property owner side from what I could observe But I wasn't there so and I didn't do I mean I wasn't there when the branches broke But the picture clearly showed that it damaged the The fence I think between and you could see the damage I could see the damage so I'm questioning Where did the branches fall off it? Do we have a sense? It's on the property owner side There's complaints from the owner Neighbor that they're worried, you know, there dog and you know if they're out there, so I'm wondering where that occurred. I noted that the One of the places where a branch broke off there was a new branch forming which sounds very healthy might contribute to rebalancing the tree Did did the arborist? Detail where all the branches fell do we have a sense of where they fell and if it's just on one side of the tree That's sort of making me wonder why I Don't believe that might be another better question for the appellant when they get up as to the branch Okay, all locations. Yeah, and then the issue of the tree looking on balance makes me Concerned, you know, maybe work was done on one side because that's where the owner's house was but not on the other side This is on the adjacent of property and they didn't feel they could get there So I'm wondering about that. Maybe that can be addressed when the appellant talks All right Having considered counsel's questions We're gonna move on what it be could we get staff advice here? Would it be appropriate to allow the appellant first to speak to counsel before we go to general public comment? Okay, if the appellants would like to address the council at this time Let's see we're gonna have five minutes for Comments from the appellants if we could set the timer Up here No, he wants to know It's okay, okay, I never present from there. Forgive me. Okay I Appreciate the time you've provided to hear the appeal as well as time you spent reviewing Materialized as well as the registered forestry Professionals well as your own arborists. I'd like to start the presentation at the end of it actually In closing I want to reiterate my concern that attempting to culture this tree's risk is not a Sufficient or feasible way to protect the safety of the Oliver's or their neighbors nor will it reduce a very real and large liability I hope that the information I've asked I've additionally provided you may help to clarify those risks We've gone over the branch failures. We've had for one of February was not the vision I want to skip this for time Mr.. Denys qualifications are he's a chief officer of four hundred thousand acres of redwoods half of all California redwoods He's worked for big creek for decades. He's worked in the business for 45 years He was appointed to California State Board of Forestry by both Governor Brown and Newsom. He knows this redwood tree They both you've went over both of what they've agreed to The core the really important part of this tree is that they both agree that there's a genetic difference to this tree over most Coastal redwood and it causes uniquely long and large in diameter branches from the failure Branch failure will continue. They both have stated they agree with that and the hole in the canopy And we did do previous branching and pruning and branch reduction throughout the whole tree So you're talking about that later So the important part is it will continue to Fail Here's the canopy the sprout that The former mayor the trunk was talking about is in the center these are like Mr.. Jani also pointed out that there's a Reduction in the girth of the Of the tree at about 40 feet probably due to foundation or street work and other failures The city arborists because he didn't talk to us And said there was only one broken tree on the March 13th event There were actually because I felt this was an emergency situation And I called Lewis tree first then came to the city and asked if we could do it an emergency removal I had Lewis tree take the seven branches that fell off away as well as Seven branches in the tree the one that's really critical here Although the red arrows in here show you where the ones on this side had fallen were still in tree There's one that's just above the roof the arrow to the left side, and there's a light opening there Stick going down That's a seven-inch branch of about 30 feet long hanging over the side wall I'd like to show you the video of this, but it doesn't seem to be wanting coming up There a way to get this up Try clicking on the image itself And then you'll get Oh And there's volume that's not there so I'm walking under this tree showing you this this was the March 13th failure And there's no wind. There's very little wind at this time when this tree fail Seven branches all came down on our neighbor's side from their side of the tree Seven branches not a big storm event done Here's the November 26th branch that came down We all know it was very windy that night This tree had been tipped This I mean this branch had been tipped it flew the base through flew 20 feet The tip because it's probably on the left side where the wind was coming through it flew 40 feet So the branches flying about 40 feet, and this is a huge tree. It's Probably about 300 pounds 24 feet long Getting thrown around like it was nothing This is shows where it was tipped and six years ago it's grown back it gets weighted at the end prone to break which is what Mike and I said would happen and why he doesn't believe that The pruning will work Yeah, the tipping will work Uh Mike and I believes that this particular tree due to genetics and growth conditions is unsafe in its location We'll continue to have branch failure Strainlessly opposes branch reduction on this tree due to increase in long-term potential for branch failure the end-waiting issue And just just for you just so you know I have to go four and six times a year on the route Which is not always safe either I'm getting older, and I I really am getting maybe a little less What is a prudent and reasonable person do follow you by some expert on redwood trees recognize the danger posed by the unique tree with Unusually and uniquely large branches Mike tonight. It's not I'm gone Two minutes I really don't have a lot to add we've been doing this since 2012 when our neighbors when we moved in one of the first thing they asked us to do is do something about this tree We're like, okay. What do you mean? We came to the city. They said no We said okay We went to treat Lewis tree service and did the trimming did the pruning what's being recommended now and last year We had storms that finally came through our community and the branches were falling down I think that we as citizens of the city and homeowners have a right to feel safe in our home I think our neighbors have a right to feel safe in their home In the front yard, they don't have a backyard. They don't have a garage The time they spend is always in the front of the their home and It's not okay to if it's a little windy Don't go outside When on the middle of the 26 we called them when the branch came down hit our house We said Robert Missy we just had a large branch come down be careful They came over and they said yeah, we had guests over for dinner. We asked where did they park? I said please park, you know right in front of our house. They said no, no, no, you can't park there Because you we don't know what that tree is going to do Huge branch came down. Thank you. We'll answer questions For extending our time without making it feel like beeping at me. I only had 30 seconds No questions So I was interested in the reduction in diameter that was pointed out in the Janey report and Clear is that it's clear? I mean he did well, let's let me say it again He has gone there Multiple times at this point all on his own much like you have he's you know, he we didn't know Mike Jenai You know, this is a very circle, you know, just happenstance meeting with him and He yeah, so he's been over there three or four or five times and the last time I think with the He just saw the the opening seems to be bigger for some reason I don't think things have fallen, but it just seems maybe the way branches are more weighted now with a growth It just seems more open than it was and so you could really see it It's about 40 feet up and it goes down probably about a foot at least And in diameter down over about I don't know. Maybe 60 seven feet You know Little experience with rebel trees and I don't normally see that kind of change in diameter I've seen him on Doug furs and you know, maybe pines even but not on fur I mean, excuse me, not on rebel trees. Did he comment on that? He did in his second letter He says there's several things that could have done it all of which have happened the construction of the home and the cutting of all the roots around The work on the tree which would have probably severed the roots in the sidewalk that was put in in 94 as well So You know, there's not a continuous sidewalk there So I'm sure that that side of the put in one when Dickie built that house in 94 So that would have cut that side of the redwood tree Yeah So you felt that was a weakness He thought that potentially it was a place for breakage, you know Or at least that's what it seemed to imply in his letter for me Okay, and is that the spot where you know, because I this is where all these trees are all where all the failures are happening Right at that spot right at that spot Thank you. Um, I did have a question that I asked earlier So why is the tree weighted more on your neighbors? I think why is that you saw that our house is in close proximity to the tree and it was overhanging so When they tip almost every single branch in 2012 They took out some but they also tip all the remaining branches almost it's very obvious by the way if you look and So they took more off our side because of that because they were over our house Okay, they concentrated there. Well, they know what it was just yeah, it wasn't and we did some on the other side It's just that it was if our house is only 11 feet from the trunk of the redwood tree So the canopy was well over. It's like 20 feet that trees were the branches were going 20 feet over our house After the pruning took place in 2012 was there a recommendation to prune in the last seven years from then to now was that Well, the car. I well, I mean see I don't know that we spent $2,300 In 2012 in 2000 well 12 13 it was around there. I forget when it was it was around there when we first moved in It was 2012 and our neighbors Asked us because this tree would had not been Maintained at all the the branches were 40 or 50 feet long. They were over the tree into the street I mean over the sidewalk into the street growing literally They were touching the ground and so and they told us about the branch failures We didn't know because it was summer and so we asked the city the city said no And so we hired Louis tree service Mike Hernandez the arborist who is a certified arborist just like James Allen and he was in charge of pruning tipping the tree appropriately and as far as we knew the $2,300 did it this tree grows extremely fast because it had been top And so then all the growth happens at the branch level below it and that's part of the problem These branches are huge some of these branches are 14 inches in diameter, right? They're they're you know good-sized locked trees and so Let me ask this a different way How often and I don't know if you know this where I'm how often is one required to tip The really like is this apparently sooner than six years six, okay, well apparently sooner Yeah, let's say four to if I mean and I don't know if it's gonna work, honestly So, but let's say every four years 2300 bucks. Okay, Katie do I Can tip it every three years take 25% of the tree every 27 at $2,300 every three years Yesterday he said his recommendation would be That doesn't work that doesn't work Expound on that reply by James Allen for the first second recommendation from staff or city attorney I think it's your discretion One minute, please. Oh, this won't take one minute. So He showed other in his letter He showed other redwoods in the area and Santa Cruz he said oh every eight to ten years you can tip it They just it's looked at just fine. It'll be fine. Don't worry about it Well, this tree is in a position on the marine headland of Capitola where redwoods don't grow the other trees are further back They don't get the salinity burn. They don't get the winds that we experience And so the end this tree is as I say genetically larger than all these other trees. He's talking about So eight to ten years isn't gonna work. So you're asking me if I were if you're today say no, we're not gonna take it down 23 it's probably be about $1,000 a year maintenance for me for the rest of Thank you Council member story. Do you have any questions? No questions? Okay? I just have some some quick questions and it's in line with what vice mayor Brooks had asked So if I'm understanding correctly, there was a tree trimming in 20 in 2012 2013 right around there at 2012 2013 after the incident Where there were no incidences there was not a fall in 2013 Our neighbor said that there had been incidences, okay And the tree was just a mess so and then there was and then between 2012 and 2019 There were there were no incidences of a failure. No, that's not true No, no, that's not true. It's just that they they weren't to this magnitude so there have been branch failures Just not to this magnitude and the size of these is just yeah But but yes, there have been big branch failures, okay, you're all the every year There's been branch failures, and is there an indication of the cost to remove the tree? Yes $7,000 I mean I'd like to go to big Creek and see if they can have the tree and take it away for me for nothing But I don't know if they're gonna do that All right, I think that's all the questions from the council. We thank you for for presenting that to us At that time if there are any other members of the public that would like to address the council on this matter now would be the time Hi, welcome. Hi. I'm Robert Praganti. I'm Mike's neighbor at 4910 capital road This is my wife missy We live underneath the tree pretty much in our front yard as you could see by the pictures Most of the branch failures have been falling on to our property and when you saw the pictures of the branches over the fence Those were actually on top of our garbage cans and one of those branches fell about five minutes after my wife took out garbage So it's really a safety issue for us like Mike also said when we had friends over the other night We had to make sure nobody parked in our driveway. They had to go park down the street In case a branch fell and then later that night the branch did fall it fell onto Mike's house but still it's You're always wondering when there's a storm Rain winds even light winds if a branch is gonna fall on you And it's not like, you know a little branch on a little tree in your backyard These branches could be considered trees by themselves Thank you Any other member of the public that would like to address the council on this issue? Seeing none, we'll bring it back to the council for deliberation. We'll start with councilmember Botthorff Thanks Thank you for coming in and presenting your case on the tree There's a The findings that we are, you know given guidelines to to come up with here are pretty substantial, but When I look at the pictures and when I did the site inspection looking at the tree a Couple things were obvious to me. Now one the trees a hazard to the trees of nuisance and Three it's inevitable that Sometime more branches are gonna fall and and now we're just playing roulette with whether somebody's gonna get hurt There was a comment in the letter that said trees like this belong in the forest and that's what I believe We've had problems with redwood trees close proximity to houses to lifting their roots You know that we love redwood trees. It's part of California But they belong in remote areas where we can enjoy them and this one is not in that proximity I believe that the pruning the topping of the tree caused some other effects to that tree The first effect is it makes it look hideous The tipping will continue to do things like that and what we're trying to do is shove ten pounds of tree In a five pound bag and it's not gonna work this this tree is just not it doesn't have the shape of a tree It doesn't present doesn't pose any benefit to the community as far as I'm concerned In fact, I'm pretty adamant that it proposed promotes a safety hazard. We just got done closing a well-walked path on deep O'Hill because we were fearful of Residents being exposed to hazards that we couldn't predict trying to predict the fall of a seawall is trying to predict the fall of a branch So I'm completely convinced and I find findings under safety that this I would go against the staff recommendation and allow the Applicants to remove the tree So the staff followed our Rules and regulations in this regard and thank you for doing the job. I think According to what the arbor said you came to the correct conclusion I Was sitting I Was in Boulder Creek and basically our property was two lots And a lot of redwood trees and I was just sitting out on the redwood trees reading a book by the the river And I happened to get up because I wanted to get a drink or something like that and As I started to walk away, I heard the crack Not knowing what it was, but it was a crack of a branch and as I turned away the branch fell A couple feet away from where I was my foot could have been impaled So it's not an unusual circumstance in a forest that things do fall We did have a tree topped on our property there's a dug for and The branches did grow out further and they appeared to be much Larger in diameter because that's the only place where the growth could go. I think that's what happened with this particular tree. I Think the trees were designed to hold a certain weight, but if the growth Is no longer able to go high Then the weight is distributed and the growth is to the branches and that's probably why these branches are failing so I feel that the Past treatment of this tree is led to the current problem. I'm in support of cutting the tree down Thank you, vice mayor Brooks Was that a motion by I haven't heard any emotions yet. Okay. I Am in agreement with my counterparts here that this is a safety hazard and I would be going against the staff recommendation Kelsman Story. Thank you. I think we're starting to see a trend here I just want to say, you know trees are important to us That's why we have this ordinance to make sure that only in appropriate circumstances. Are they taken down? And I view this to be one of those appropriate circumstances. I don't think there's any question here that this Constituent to safety hazard And as well as we've seen from the evidence it has caused Unreasonable property damage so the safety factors have been element has been met in this situation and in my view the only question was have all alternatives been considered and applied to try to save the tree and And it appears that and the issue is it is about the trimming And all the discussions about that has you know, the topping that has created problems And even the tipping The arborist suggests and and also I'm I mean my decision is also way But I'm unclear about what the arborist is saying is that reasonable alternative He doesn't clarify whether I mean he seems to be saying that tipping is what needs to be done But we've just seen that the limbs that came down. They had already been tipped and those limbs that came down were tipped and My experience with trees that when you tip them they tend to sprout at that very point Which is going to create a weight at that end So I don't see how that is going to solve this problem And I think that when we're faced with a potential safety situation It's not a Incumbent of on the city to tell residents to bear that risk And I think the the case has been made and I you know and I and this is also an environment where we're PG&E because of reoccurring wind Conditions have been shutting off our power in terms of safety so that trees don't come down And break power lines So I think that we're in an era of atypical storms and And I just I don't in good conscience think I can Say to the residents and the neighbors that live there that you can't take appropriate actions for your own sense of Not only your actual safety, but you're also sense of safety Because sometimes if you don't feel safe, you're not safe whether you really are not and so You know and I think for all those reasons I'd like to make a motion that we grant the applicants appeal and And and give them a permit to take down the tree subject to our ordinance saying that you have to replace That tree with you know appropriate other trees for the for your Residents yes If there's not 30% canopy coverage on the lot you need to replace it a two-to-one ratio. Yeah, okay y'all second I'd like to make a friendly amendment if you'd if you'd allow. Oh, sure I'm I feel that this Homeowner has been to a lot of duress with this project. I would have liked to have seen this handle at the planning Commission level I would like to make a friendly amendment that their appeal fee be refunded to them for coming to the city council. I Accept that I agree friendly amendment If you weren't going to do that I was going to do that because they've gone through a lot All right, we have a motion in a second. I have a comment. Okay, 30 seconds. Okay 30 seconds Um, I like to reiterate what was in the appellants letter in terms of they try to make this front of the house a rather nice place even under the tree so They're trying to make that a sense of A sense of beauty around there and I recognize that and because of that I recognize that they've done a lot also to try to keep This tree It's had an important part of their life and the property there So I don't think you're taking this light-hearty. I think this is a serious decision on your part I just want to recognize that All right, we have a motion and a second all in favor. Hi Any opposed any abstentions motion carries unanimously. Thank you I'm gonna move on to item 10 B report on emergency declaration from December 3rd 2019 staff report Hi Steve Good evening Mayor and Council Quick report here on some emergency actions. We had to take following the heavy rains over the Thanksgiving weekend And I think I'm just gonna start with a bunch of pictures because I think that tells the story better Anything on December 2nd, which was the Monday following Thanksgiving weekend Over that weekend we had seven inches of rainfall we had rain falling on December 2nd And we got a report of this damaged pathway along Grand Avenue This isn't a section that in 2017 the council had closed because of ongoing slope failures in this area had actually reduced the Pathway the failures that occurred right up to the fence line at this point So we had anticipated we hired a geologist back in 2017 who told us Further failure was eminent in this area. He predicted some point in the next five years Two years was the right number. So this failed this pathway was closed already But the thing to notice here is the runoff which used to travel along this pathway was now dumping into this open hole And if we look at the aerials here This is the pathway that picture before was taken from this side so all that runoff was coming down here and you can see the Accelerated erosion was causing In the slip-out area and just a quick Thank you to me Misha Bersh and Dave Friday who have been our drone pilots and provided me with Lots of drone footage of this failure and other parts of deep Hill Unfortunately, their photos have all been mixed up some exactly sure who's or who's anymore But thanks to both of them for helping us out here So this map A little harder to see here than I was hoping but as you can see these yellow lines are where the drainage used to go so the Drainage would come down Hallister then travel along that pathway Passed where the hole is now and into a drainage inlet that had an outfall down on the bluffs so with the obviously with the Failure here that drainage was dumping into the hill. So what we did is we hired a contractor Come in and install a clean out or a drainage inlet and outfall their holster Intercepting probably 95 96% of the flow that was going down that pathway to prevent further erosion Just caused by the discharge of water into that hole So here's the contractor. We hired starting work It was all hand dug at this point because we didn't want to use heavy equipment out there You can see they tied themselves off to a have peaked to a backhoe just in case the cliff decided to give way They were very Very diligent. They started work on December 4th and by December 6 prior to any more rains come they had completed this New inlet they did this paving to make sure that all the flows in this area Drained into this inlet including a berm here to prevent Flows from going down the pathway or over the cliff face And here's another aerial from our drone pilots And you can see this black pipe coming down here the key to these pipes are from I think this is the level Up to here. We have loose Topsoil probably a better name for it but topsoil that's highly erodible and below this point. We have sandstone which is Subject to waves, but it's it's not affected by the runoff So it's important that we extend this outfall down into the sandstone area, which you can see we did here so Just to kind of recap on December 3rd following the Discovery on December 2nd the city emergency services director also knows our city manager issued a local emergency Proclamation authorizing immediate actions to abate the flow of water into the failed slope on December 4th Contractors awarded to Anderson Pacific engineering contractors for the construction of the drain inlet and outfall at the end of Hollister Avenue Anderson Pacific completed the work on December 6th And we do not have a final cost, but it's somewhere in the $20,000 range of cost of the project So our recommendations tonight are to receive this report and to authorize the expenditure of measure Measure F funds within the capital improvement program fund for this emergency work and just to get update you on there currently there's about over a million dollars in Measure F funds in the capital improvement program these Measure F funds are earmarked for ocean resiliency projects The two that we're working on actively is the flume and jetty project and the wharf project We have sufficient money for the flume and jetty project Which we anticipate going out to bid in 2020 the wharf projects still a couple of years away by time we get it permitted and Either K6 estimate $20,000 expense for this emergency pair will not impact either of these projects So at that I'd be happy to answer any questions. Thank you. Any questions for staff councilmember doctor? Yeah, there was a letter we received from the coastal commission Do is that able to be I know it was in our packet is that able to be pulled up? There was our letter that we got the commission about this. Yeah, I don't have it to present on the screen Oh, I'm sorry. I could put up on the screen Concerned about comments in there on the coastal commission to us I don't have a letter in front right now Unfortunately come back to you we can't yeah, well the pump letter listen unless you have the same concerns I I do I was gonna ask I'm gonna defer to councilman story and he can carry this ball and I have the letter on my phone here And maybe I I could just Ask Steve each question that the coastal commission brings up The first item that they bring up is that they want that or they I think they're recommending that The asphalt that's remaining in that area the wooden the fence the parts of it that fell They're Suggesting that those be removed Is that a feasible project to do is that and worth the effort? I certainly have safety concerns Absolutely out in that area. I've talked to the case the coastal commission Staff who wrote the letter and she understands that okay like to make a Best effort at doing that but understands that their safety concerns with going in working in that area Okay Well, I was certainly I mean if there was any intent to move in that direction that Maybe that should be brought back to us so that we can seriously discuss that the other items that they mentioned there were three of them and One is examining what level of storm 10 year 20 year the current drainage will accommodate was one question and Also, number two was to consider any other additional drainage Efforts up on Depot Hill to prevent further Collapses of the bluff and the third one was the feasibility of reclaiming the public right-of-way that Moves in to I think some of those residents as current backyards So those were the points that the coastal commission raised and I'm just wondering if staff was prepared to respond To them now or what he was planning on maybe bringing this back at a later date so those are Responses that will go with our when the coastal permit goes to the planning commission is when we need to have those responses I do not have prepared responses for them at this time Obviously the determining the capacity of the drain inlet takes a little bit of top graphical Information to figure out how big an area we're draining in some engineering calculations. I haven't done that Regarding reestablishing the footpath and reclaiming our right-of-way My recommendation review that the council continue to keep it closed I don't feel like that's an area right now. The failures are probably within a foot of the property lines In certain areas, so there's no room without starting to Try and claim private property with to reopen that pathway and we can reiterate that as part of a report when it goes to the planning commission And third item. Can you remind me what the third item was? Well, actually the reclaiming was the third item but but the second item was about Evaluating whether Drainage projects on other parts of the cliff should be done to prevent failures in other locations Thank you for reminding me Certainly we've done some drainage drainage studies up on Depot Hill probably about ten years ago and looked at ways to Capture all the street drainage and take it away from the bluff That's a multi-million dollar project and then you know take all the drainage and take it down to Monterey Avenue So it really hasn't gotten much Headway because of the significance you'd be building an entire new drainage system up there on Depot Hill We did work with the Geological Hazard Batement District who had Hired somebody to look at what the best way to deal Short-term with the drainages up there There are the ones that came up with that design of the off-halls going down to the Sandstone down there So we when that study came out we did go in and Refurbished the existing drainage it's at that time to put that kind of system in and we've been maintaining that says type of system on the other ones Certainly we can look at it, but you know doing an extensive Drainage improvement project up there is very expensive So you mentioned that you were going to respond to the Coastal Commission when you make the permit application Will that be coming back to us before that goes off? So the Coastal Development Permit is issued by the Planning Commission It can get appealed to the council or we could certainly bring it back and report back if that's what you'd like But the permit itself would be issued at the Planning Commission level Okay, and so the responses to those Coastal Commission Questions and statements are going to go to the Planning Commission and they will deal with it I think the responses would go to the Planning Commission any obligation that Becomes a city obligation in other words and something that would result in us incurring new costs or embarking on a new program That would come to the city council. So that's not something the Planning Commission could for example commit us to a Drainage master plan for the Depot Hill community That would need to come to council So I think that we have been looking at a lot of these things and having these conversations with the Coastal Commission for a Number of years and we see things a little bit differently than they do. So I think most of the responses we will be providing them in the In the CDP we'll be explaining to them why what they're asking for is relatively infeasible Obviously, if there's something we can do to accommodate one of their ass We'll identify that but if it does result in a new expenditure program that would go to the council Okay, thank you So the estimated costs you said were about twenty thousand dollars The work was completed on the 6th 19th now. Is there any updates on that? Unfortunately, no, but it takes them a while to get all their billing together and trekking in concept consults that they use Okay, and then so this This fix is somewhat of a short-term fix and kind of what the Coastal Commission is saying was an idea for a long-term Solution are there any other solutions being looked at? time So I consider this like I said the design of this type of alpha was something that had been promoted along Grand Avenue There are no active projects to try and do any other drainage improvements up there at this point We certainly talk about that as we look at our CIP and funding like we like I said about a decade ago We did do a drainage study that identified what to do, but the cost are quite prohibitive Okay, and then just to reiterate the measure funds are not restricted funds and Can be used on ocean resiliency? Projects is that the term measure funds are General fund dollars. We just identify them as measure F because they were when that measure was passed We kind of earmarked them for ocean resiliency projects and other necessary city functions Okay, and have there been any direct impact on the residents who live right there. I mean, obviously there has been but is there any Anything that the city is doing to talk with them or Do we need to be worried about them legally on the ways that we're handling these so one of the neighbors most near the out So failure has installed a plastic sheeting over the area and I've talked with him He has concerns about the safety of the rest of his property. I shared with him that Any small things or media things we can do we look at but Ultimately the protection of that is going to fall to the property owners As it becomes to impact their private property So I'm hearing that this is it for now and we don't have a timeline on dealing with It in the future in the near future. There's no direction To do any other additional work at that time up in the depot hill So when the city was done with the G-Hot group and the drains were identified as options. Okay So are they designed for worst-case flows? Now it was more of a function of The existing pipes that we could fit into the existing systems to extend them So the old DI's used to just daylight out on the buff slope itself in a road that highly erodible topsoil material so this was a Something we could fit into the existing system. They are not designed. I don't know what year storm they're designed for I suspect it's somewhere between a 10 and a 20 year storm But what will result is localized ponding up on those streets until the empty. It's not something where they're gonna Flood a hundred year storm. There's gonna be a lot of flooding, but Certainly not designed for that. Okay. Yeah, cuz my concern is you know, can the outflow handle a worst-case scenario And what would happen to the water you're saying it would flood to I mean excuse me would puddle to some extent But it might spill over the edge to Yes, okay, I did do a tour of the Bellaget's property at the end you're with that little bed and breakfast hotel type thing is and They're a their attempt to address that situation was they planted the side of the hill and you know I got a sort of a over-the-view top Look and he hasn't complained of any erosion Since then after the plants started growing. I don't know if that's a solution for this case I Remember about her if any questions Okay, is there any member of the public that would like to address us on this matter? Saying none will bring it back to the council for deliberation Comments comments, okay Thanks for filling in the pieces there councilman story. Yeah, I've got this letter from the Coastal Commission It was quite alarming to me you had the city manager put it more eloquently than I would to say that we Don't see eye-to-eye with the Coastal Commission is an understatement We're trying to do things I believe I'd like to try to do things for our bluff to preserve our bluff for our for our citizens for our homeowners For those that like to use public asset access, which is what the Coastal Commission Purportedly advertise that that's their goal What they wrote in this letter is is the comment Councilman story said there were three but the one I was focusing on was it said examine the feasibility of Reclaiming the public right-of-way to allow for a Through public pathway even if such path could only exist for relatively short planning horizon five to twenty years You know, we we're trying to do projects in this county We're trying to protect our county for the future to if you talk talk We're gonna get a presentation a little bit later about long-term water planning for a hundred years and to suggest that We want to do something for five years as ludicrous We we people on that path when it fell Thought that it was going to be stable for five or ten years and we needed to reopen it immediately And here we are less than two years later. It fell back into the ocean What we need is is Some kind of a commitment for the Coastal Commission that we want to address How we're going to save our bluff permanently so the letter I would like to see this city right to the Coastal Commission if we're going to do such a thing And I'm not saying that we need to do it here But if there's any way that we respond they say they would like us they're asking us to respond to them We encourage you to recommend us is that capitol is looking for a long-term solution and I recently Gave the city management information about a Seawall trail that was built in Carlsbad. It's called the Carlsbad seawall trail, which you can look up on the internet and They built a 16 foot high 1.4 mile pathway 10 feet wide all along the acts that allows public access which is supposed to be the intention of the of the Coastal Commission and would fit perfectly into capitol in that situation and and probably lead to solving our problem and the reason I bring it up is that we're in constant communication with the Coastal Commission and part of the we're trying to we're trying to adopt our LCP. Is that correct and Recently Santa Cruz was just trying to adopt their LCP and they halted it Because they inserted some language that they put in at the last minute that says that as part of the Coastal Commission accepting their LCP that they would Be allowed to build a Carlsbad sea trail from from downtown Santa Cruz to 41st Avenue And I think that when we get to that point when we start getting back on that That we should include some kind of language in that too So I'm I'm just kind of put off by the by the Coastal Commission demanding that we do this in response to this Small fall and the problem is is that although it was a very good repair. We did there It's a Band-Aid Steve is what we did it We stopped a situation that could have got a lot worse because of the eroding But you know, we're pretty much helpless with what we're doing there And I just I just want us to write a letter that has a little bit more Umphen it then then what they're requesting here And and that kind of segwayed off of what the topic is but the topic is this is an approval for the Use of Measure F funds and I make a motion that we approve staff recommendation We have a motion to second. We'll bring it back to staff for continued discussion I'm good. I'm good. Thank you. Oh, I'm sorry Councilmember Bertrand Vice Mayor Brooks Councilmember story if I may I'd just like to thank the city staff and Steve public works for getting out there so quickly and With for Anderson Pacific thanking them because it was truly remarkable How quickly you guys out there and dealt with that Enable to maybe forestall any further damage to it Now I don't you know, we have now plastic flapping around up there And I'm not sure Quite what good it's doing other than maybe eventually falling into the ocean So hopefully we could maybe either find a way to secure it Or maybe remove it or and find some other alternative and maybe just thinking about and you know for the residents up there about Doing some planting and vegetation Simplicated, you know, maybe that's the Affordable and reasonable thing to maybe try to do at this stage. So thank you Yeah And I will just make a comment briefly that I agree with what was previously mentioned about the comments from the Coastal Commission It's rather concerning that they would be expecting us to reopen the path, especially In looking at the pictures and and I will say that I believe it was in 2017 When I and several of the residents up on that path Held kind of an ad hoc citizens working committee to look at The potential for very long-term solutions for preventing this firm from ever happening again And it was multi-million dollars that included sea walls drilling into rock bolts drilling into the the wall and and we believed at that time also that the Coastal Commission would not approve something like that and so the idea that we should now take up almost The entire backyards of the the citizens that live along that path to attempt to reopen it is quite concerning and alarming to me to See that letter. So I echoed my my fellow council members comments on that With that, there is a motion and a second for the approval of the measure F funds All in favor. Hi, any opposed any abstentions? motion carries unanimously moving on to item 10c receive update report on the construction of the Capitola branch library This is our every other month update on the Project on Warf Road Structuring the library so quick construction update recently completed items included installation of the roof trusses water proofing and rain water proofing in the roof and rain leaders Mechanical and electrical plumbing stubouts are being installed or installed throughout the building now and winners winterization of the site was completed Upcoming work includes starting to install exterior siding materials and Interior wall construction To date looking at the construction costs the current value of the contract is 11 million six hundred and fifty two thousand seven hundred forty seven dollars This is an increase from our last report of seventeen thousand six hundred and seventy four dollars for a contract change order number four Which was issued per our policy which allows us to issue change orders up to Fifty thousand dollars without council authorization. This was a change order that cleaned up some of us. There was some Unusable fill material that needed to be removed and some stormwater Investigation and work that needed to be done As we got into the project To date we have paid or there's been expenses of four million eight hundred eighty nine thousand nine hundred ninety five dollars Ninety five percent that goes the contractor and five percent is held in with three retention will be released upon significant completion of the project that constitutes 42% of the contract is now complete Since the contract was awarded and construction began we've had 85 days of rain that have extended the contract timelines We're in addition. We're beginning to see and feel Delays caused by the conflict with the power lines which I touch on a little bit here The projected opening remains mid-summer of 2020 That may begin to slip a little as we depending on the house quickly. We can address the conflict with the power lines So I'll move right into that As you know, we are working to underground the utilities power and AT&T lines that run along Warf Road That are in conflict with the building itself Earlier this week after waiting nearly six months PG knee finally provided a design for their portion of the project City staff reviewed it. We immediately noted some emissions on their plan, which they are now working on Conduit installation so PG knee will come in and pull wires through conduits that we have to put in place And they'll place their equipment on pads that we pour So we are working on getting costs for that work the conduit installation at this time We're talking with several Companies to try and get Some I don't want to say we're bidding it out because it's going to be a change order to the library project But we're trying to make sure we're paying the right amount for the conduit installation And we also still need to get costs from AT&T to pull their Install their new equipment down below down underground. So we have not received those costs yet We anticipate getting those all of this together early in January At least that's our goal at this point since we have the PG knee plans and other break and work off of and Negotiations with the the architect and their design team on our errors and emissions claim will be will proceed in January and At that point when we have more information on the final costs and those negotiations We will return to council immediately and get Fill you in and try and get some direction on how to proceed forward Little lighter note furniture selection did occur the architect their interior design staff library staff the ad hoc design committee and City staff have completed selection of the furniture Happy to report that furniture upgrades have been made possible by the success of the fundraising campaign They've put in about I think it's $20,000 to make sure we get the best furniture we can Furniture will be bidding in early 2020 so that we can get it purchased and delivered to coincide with the construction I know there's pictures in the agenda report of all the furniture. I do not I can pull them up If you're interested, they're not part of the report here But if you'd like to see some of the pictures, I can't pull those up and In this report we kind of alternate between giving you a revenue update and an expenditure update So this year this month we're giving a revenue update Second called from the left is the original budget where we had a total of 15 million $150,000 budgeted Through various funds from measure s the successor agency general fund Donations library fund at the time we awarded the contract We did have an unfunded portion of thirty six thousand dollars, which we were very confident We could make up as we move through the project as you can see since that time we have had changes Some were pretty small Others have been much better So success or agency went up in the general fund contribution. Those are more Fixing rounding differences that were made and and doing the actual transfers Big news is on December earlier in this month the county board of supervisors Approved an allocation from the county library funds, which included a 213,337 dollar allocation to our project. This was not anticipated in the original budget so we brought that in and then the city treasure was given authority to Invest in and with our money that we have sitting on this so today we have Investment earnings of 130,000 dollars. That's to date He anticipates that to go up another $20,000 before we're done with this project. So those are Additional revenues that we hadn't anticipated when we originally worded the contract So as you can see from our original budget of 15 million $150,000 we've added $420,000 Bring the available funds to 15 434 30 97 at this time. We're not recommending any budget changes The but project budget remains at 15 million one hundred and fifty thousand dollars But we do have surplus funding as of today of three hundred eighty four thousand three hundred ninety seven dollars I'm good news That concludes my report and I'd be happy to answer any questions. There's no formal actions required tonight Regarding the change orders or anything. Thank you. All right. I'm gonna bring it back to the council for questions Council member brought to her question in addition to the 384,000 that is let's just call it for now a surplus How much is remaining in the contingency account the contingency budget as of last month had $540,000 in it Thank you. I assume PG&E is design many underground projects. What were the issues that our staff discovered? They've got to account for three street lights that are connected their system Their system their street lights Thank you. I went by today. There was some street work at the corner Is this related or is the street work there is actually a county sanitation project that has been going on when the new pipeline They came from the Soquel pump station They've run into a some significant design problem and making the connection from the new pipe to the old pipe Which is why we've had plates and temporary asphalt out there They've recently come to the decision that they will not be able to work on that for the remainder of this winter so they went out there and took out all the temporary paving and put in a Permanent paving, but it's still just a patch and it's gonna get redone. So We're kind of bewildered that they leave the streets so torn up for so long and been after them to do something So we've only got them to do some paving out there Okay, great. So this will make a little bit easier for residents. Are they going to take everything out or what? It'll you know clean the street up quite a bit. They will be removing their equipment which has been stored there for quite a few months now But they will be back probably in the spring to kind of open it all up and make those final connections. Thank you That's mayor Brooks questions Story all right, we'll bring it out for any member of the public that would like to address us on this matter Saying none. We'll bring it back to council and since this is just a report. Is there any comments on the report? I have one. I know this isn't the extensive list of all the furniture And I just wanted I mentioned it before about going above and beyond the ADA requirements and really tapping into the universal design And I know our city managers on this committee and if it's still going out to bed, maybe just revisiting that with them Just looking at some of the Models here. It doesn't look like this is for all Yeah, I just gave you some examples. Yes, but we'd be happy to review that. Yeah. Thank you Any further comments from the council? All right. Thank you. Thank you. We will move on to item 10d receive audit report for fiscal year 2018 2019 Good evening. Mayor Peterson vice mayor Brooks and council members as the mayor just said this is for the fiscal year 2018-19 comprehensive financial financial statements, and I have Mr. Ahmed Garabal from he is a partner with the Bailey who is our external auditors here to do a brief presentation on the process that they went through Thank you for having me just to confirm I do have control over here for the PowerPoint presentation Okay, I do not see it on this screen, but I guess if I move the arrow over here should work Okay, all right Thank you. Good evening My name is Ahmad Garabal. I am the partner in charge of The city. This is the annual financial report for the city. It's the comprehensive annual financial report We are the external auditors of the city the scope of the audit is to ensure that the financial statements are fairly stated We split the audit into three phases the interim phase the final phase and then it's the reporting phase is what we call it towards the end In the interim phase we come in and we take a look at the controls the manner that you process receipts the manner that you process disbursements Contracting payroll HR all kinds of functions. We want to see adherence to the city policies with respect to those items We do also test of Compliance as well and test of controls And then we come in at that towards the final phase It is a process in which we confirm the balances are reported to to you on these financial statements They were reported to you previously We are the auditors we just come in as an affirmation that the amounts that were reported to you are fairly stated And therefore what we do is a process of confirmation. So we confirm your your cash your debt Property taxes sales tax revenue various amounts are reported on the financial statements And then the last phase of the audit I'm sorry We also do other procedures such as looking at Significant estimates you do have pension liabilities and open liabilities in common with many of the local governments are out there And then the final phase would be the reporting phase This is the comprehensive annual financial report. So it adheres to government accounting standards board It has specifics reporting standards in addition The city does submit it to an agency called the government finance officer association The interviewer in compliance with the reporting standards the gas be reporting standards that the city did receive it in 2019 I'm sorry 18 and we anticipate that they're gonna receive it in 2019 as well We are required to report to you whether we noted any Difficulties any weaknesses in the internal control Any difficulties in the performance of the other or any adjustments to the financial statements are material to the financial statements And we noted none Management has been very helpful in giving us the confirmation and connecting us with the Agencies are in charge of the various amounts are reported on your financial statements And we were able to complete the audit rather early and with that I'll be more than happy to take any questions Thank you questions from council We've significantly being able to achieve Award status. What do you feel in this case? This is good You know the accounting industry in government had been drastically changing Over the past I want to say four or five years. I don't know Jim We had like maybe 40 gas bees out of the 90 gas bees that were issued in the past five years and I Want to say it Changed drastically so the pension numbers weren't reported before now. They are reported on the financial statements retiree health, they call it other post-employment benefits and The manner that these are calculated. They're rather difficult then they're not it's it's not as easy as it used to be but again with management had been very cooperative very helpful and You know these these finesse statements do adhere to the accounting and reporting standards and They are fairly stated. Thank you Two questions. There's nothing more than that and I love than reading an audit from start to finish I love to do on a Monday night two questions on And this might be more for you on page 324 of The audits There was a significant reduction from 2018 to 19 on the miscellaneous intergovernmental and other revenues From 406,000 to 119,000 and that seems to be brand new in the 10-year span Yeah, so I think she's referring to page 8 So these statements that you see here page 8 on the caffer these statements that you see here are what they call full accrual financial statements and They're a little different than the fund financial statements and what's interesting in that caffer is that The pension liability is not recorded in your general fund. It's recorded in this what we call full accrual It's a consolidation of all the funds alongside with these long-term numbers and the change in the pension Liabilities is what causes some of these fluxes that you see that in the financial statements I catch up on page 8 is the breakdown of what I'm looking at. Yes on page 324 Okay, and the line item you're looking at is miscellaneous revenues. Yep. Got it so there's some numbers that gets reported by CalPERS and The city takes its proportionate share out of that pension liability and the way that they are reported on the financial statements They have this thing called deferred inflows Which is fluxes in the investment earnings with respect to the investments are located with CalPERS and therefore you'll see some of these Fluxes in there impacting these full accrual financial statements or consolidated financial statements Why have we not seen those influxes in the past year? It's just this year It depends on how it performs so it's it's how the pension amounts perform how the Open trust fund performs and there are years where they had good years and there are years are constant I guess consistently the same from one year to the other so maybe this is for a later time But I'd love to learn how that two hundred thousand dollar difference impacts our overall 24 million dollar budget and if that's something we need to look at and then my second question is Understanding the difference between the letters so on page 210 There's an initial letter and then on page 341. There's the December 10th letter December 12th letter that we received so there's one on 210 and then there's one on 341 that looked pretty similar and so you mentioned phases was this like phase one when that and when it wasn't dated So I wasn't sure how this I Didn't have the agenda, but I do remember sending a couple of letters and that one is the communication With the city council. We are required in writing to tell you what the scope of the audit is And whether we noted any difficulties in the audit or any findings with respect to the others I assume that's the first letter probably the second letter is the can I don't have the full agenda in there There are some findings in the December 12th. Yeah, so there's a past adjustment in there The two letters are the internal control letter and the communication with governance letter Yeah So I think what you're referring to is maybe the past adjustment in there Am I I apologize they don't have the full agenda and that's I'm not sure Do you want me to pull up the two different letters? I think That's just correct the governance communication letter and the other internal control And so were there any findings in the December 12th? No Thank you mayor. Thank you for this audit I guess the one thing that jumped out to me and I'll refer you to page seven of the audit. It's agenda packet page 216 Are our unrestricted Net position For 2019 yeah A negative ten and a half million dollars. Yes, and as I understand it all due to the unfunded pension liability As hard as that is to swallow what I do notice that there's about a million dollar improvement from 2018 So I guess my question is what was the explanation for that million dollar improvement? Did are we doing better with that pension liability or did we encourage some additional unrestricted? income It's actually the Dow Jones So pension liability is basically a gross amount less the investments is about I don't know half a trillion dollars invested in Sacramento with CalPERS and It performed really well during that measurement period. So it drops And that's what caused it to it impacted your net position positively and therefore The number of I guess the deficit equity had dropped as a result of the improvement in the investment earnings Okay, I Guess that's good news, but it sounds like that's a pretty volatile basis on which to rely on Yes, I net What I view as a net gain of a million dollars It could be a femoral. Yes. So the way that that number is calculated I do not want to make it too complicated But we do have this line item right there on that same statement called deferred inflows of resources And it's basically taking those unusual fluxes and smoothing them out gradually through that net position so You didn't get the full credit for the investment performance You would get it gradually over a five-year period. So now if next year doesn't perform as well Then the number wouldn't flux as such. It's just that they're taking those fluxes and smoothing them out over a five-year period so that improvement actually is a lot better than Just one million dollars. I think is what the flux it actually if you looked right there in the middle of the page or if you look at The net pension liabilities, and I believe it's towards the back of the report It did drop a lot more than just that one million dollars But we didn't give the city the entire credit We gave it a portion of that credit in accordance with the reporting standards Okay. Thank you. Thank you Good questions Thank you so much We will return now to public comment Are there any member of the public that would like to address the council on this item? Saying none. We'll bring it back for council comment and is there a vote on this? No, just receiving port does anyone on the council have any comment on the report saying none. Thank you so much Thank you. Thank you for your good work. Thank you All right, and our final item for the evening item 10e Support a consolidated coastal development permit process for pure water so Cal we have a staff Madame a yes before we consider 10e. I live within 500 feet of the site Where so Cal wants to install the injection well, so I need to recuse the mason. All right. Thank you Wait just a minute trying to get home Actually What is the distance because I'm very close to I am fine. Thanks for checking That's how much Good evening council before you tonight is not a decision. It's We will be looking for a recommendation There is a Project which I'm gonna let the applicants speak to the details of the project tonight I just want to give you a brief overview of why we're here whenever There's a project that goes across jurisdictional boundaries Within the coastal zone rather than getting individual coastal development permits from each city and They can apply for a consolidated permit in which The Coastal Commission will review the consolidated permits. We had a request from so Cal water district for the pure water so Cal project to Participate in that consolidated permit process which is allowed under the Coastal Act So one item so they're looking for a recommendation from the city to allow that to occur and In reading through the materials that they provided us in the EIR. I thought in our recommendation of Suggesting that they go for with the consolidated permit that we bring in a few of the mitigation items These would be covered Regardless due to the EIR, but there's significant unavoidable noise impacts that were brought up in the report And they're obligated to for anybody that lives within 200 feet of the well that is the Monterey well site they're obligated to provide or offer alternative accommodations and Just in the respect that typically when a CDP comes through the city We go we send out noticing to individuals and they have the opportunity to speak at our hearings We did send out noticing For this hearing for this meeting tonight just to let them know that we're considering the consolidate allowing the consolidated permit But added two conditions one that or not conditions But suggestions to the Coastal Commission that they include in their consolidated permit that first any properties within 200 feet be noticed 30 days in advance Have a meeting pre-construction meeting 30 days in advance in that at that meeting and within the letter They address the option of alternative accommodations and then second within 500 feet of the 201 to 500 feet of the Monterey site The pre-construction notice would go out 30 days prior with all the emergency con contact information for a while that project is being built So with that Our recommendation tonight is to authorize a consolidated coastal development permit application To be reviewed by the Coastal Commission We have Melanie Shoemaker here and Ron Duncan of Soquel Creek Water District Yes, thank you for having us tonight, and I'll just I'll start it off with a quick note appreciation I think it's the season for your hard work and Katie and Matt's efforts with our staff were outstanding So thank you on that and I can't help but say I see a police officer back here We hold our meetings here and they often are present and we really appreciate that so shout out and On a quick note response. They come in and help us So Melanie's gonna dive into the heart of this which I know is about how we're communicating with your residents our customers also But I just want to say a couple things that you may not know, you know in the big-scale pure water Soquel is an environmental project to prevent further seawater intrusion from further contaminating our Groundwater so it's a it's a project to create Safe reliable groundwater in the future now and into the future for future generations. What you may not know is that? Why we've got wide community support just recently the EPA federal EPA awarded the project in the district 49 million dollar grant and Then on the hills of that mainly due to Miss Shoemaker's Efforts and others too, but you were the spearhead The state water board showed their support in the tune of a 50 million dollar grant. That's 50 million and then Further they said this is a kind of model project. They want to see throughout the state of California They did they tacked on a 36 million dollar low interest loan like around 1.3 percent Which is fantastic So I say that because our customers are your residents and that's good news for them because it you know it helps them With their rates and that sort of thing lower cost So that's that's the big picture stuff and I like I said Melanie's gonna dive into the heart of the stuff I think you're interested about it We just have a couple slides These are of course in the packet and in the request that we sent to the planning director Here at the picture that we have here on the screen is one of the primary seawater intrusion prevention wells of the pure water Soquel project. This is the one that's located in Capitola and it's actually an existing site that the Soquel Creek water district currently owns It's an inactive well And it's tucked behind for a live church where that arrow is that says the well site entrance gate So this is a site that we've owned for a long time. It is very tucked away and hidden In the next picture. I want to show the picture on the left is the existing site So that does have Some equipment and buildings that are associated with a groundwater extraction well for a seawater intrusion prevention Well, what we foresee we would do is within the perimeter of our site Clear off almost everything that's above ground so that what would be left in that right side which is the conceptual rendering is the the seawater intrusion prevention while piping and Some electrical and controls that are pushed up on the right side of the wall the height of the Proposed infrastructure once built is it has a very low profile as you can say it's basically somewhere between six and eight feet again, and most of the surrounding areas is That's a carport in a rotating wall from the shoreline church apartments and then the trees and shrubs on the neighboring site I Won't go into too many details. We can go ahead and leave that for questions but some of the Items of concern especially as we go through and we build the the seawater intrusion prevention well and the pipeline is What kind of impacts we would have with the neighbors so we have identified that most of the work would be associated with The noise that is that would happen during construction So during the construction of the well site We will have drilling that will go on for a couple weeks both day and at night That is done both from the integrity of the well being drilled as well as just the kind of Reduction and the overall impacts for the neighbors is just to do it in a consolidated schedule There also will be noise during the time when we're doing the pipelines But once the infrastructure is in place which within this area of Capitola will be just pipelines and the well site once construction is done noise will be very minimal it almost nothing because the recharge well really is Based upon more of a gravity flow from where the water is purified and then goes in there There would be a small pump that we would have to run on a periodic basis Just to backwash and again, that's pretty pretty low noise But we recognize and what Ron said is we are part of the neighborhood I'm a customer. I'm a resident in Soquel And so we we recognize that we want to make sure that the outreach that we do That the relationship that we build isn't just about the planning efforts and as we go forward with permitting But would also go on during construction and so here I'm in this last slide is and just some pictures of our outreach that We've done in the past during the environmental impact report phase We had many community meetings at the picture on the left the picture in the middle was actually a community meaning that we held at Shore life church, which is right next door To the Monterey well site and we had that meeting in November And then the letter on the right was letters that we sent to the near nearby area To let them know that we are foreseeing and going forward with the construction and as Ms. Hurley said we will be doing those letters again That's the best management practice that the district has been doing every time we do do a new Infrastructure just like the granite well that we did an aptos. We went through that same series We sent letters out prior to construction on a 500-foot basis and then we sent letters again in a more narrow and had a community meeting We also well we called these people, but I was talking about the yeah. Yeah, and then What we also do is we send out contact information So the neighbors in the nearby vicinity will have a direct line 24-hour line to our on-site Geologist as the well as being drilled and we also are providing preventative measures for noise like sound barrier walls during the drilling and options for the nearby residents to stay at a hotel if they so choose During the 24-hour construction. So we you know, we continue to do that I know that that is of was of a concern and of high importance to staff and we want to build that into our process So as we go forward with the consolidated permit approach and we hope that you guys Would recommend that the Capitola would join on that the city of Santa Cruz and the county of Santa Cruz have already Submitted letters to the state that they are interested in doing that and we have requested to The Coastal Commission that we be put on their March agenda item And so that would be a meeting that would be here in Scotts Valley We're here for any questions that you may have great Thank you so much. I will bring it back to the council for questions council Thank you, mayor And I guess I just wanted to clarify that even if we Approved going with the consolidated application of the Coastal Commission. We don't lose our voice during that process We will just be more directly working through with the Coastal Commission staff At that time. Is that is that a correct understanding of? We can submit comments to the Coastal Commission or you could make comments now and request that they be incorporated into the project description But we would in fact be turning over permitting authority to the Coastal Commission Okay, well, I guess this is the time to make comments then which I'll reserve until later. Thank you Um so pursuant to your policy in terms of Contacting neighbors. Have you had conversations with the neighbors at this point? We have had some conversations. I'll let Melanie dive into that particular but I just like to say this is what we do we put in wells and We we work with our neighbors our customers and so we've had great success never really any issues on previous well So just to give you that setting. So what about this particular situation? So if you've had quite yeah, I'd just like to know some of the concerns that they brought up and The nature of that conversation was that on the phone or did you go to their homes? Or was there an actual meeting at the church nearby perhaps? Sure. So we did send letters out to hold on I forgot my notes. I wrote it on my hand 200-foot radius back in November that we were Going to be moving forward with the pre-design of the well site and we did Follow up that with phone calls of the customers that we had phone numbers for in our Account system and we did get quite a few voicemails But on those that we did connect with I think that there were about a handful Most of the concerns were just about when construction was going to occur and What what we foresaw what the impacts would be and so we did tell them that there would be noise impacts We did tell them that there would be a duration of time where we would have to do the 24-hour drilling There were some concerns related to the number of trucks and equipment that would be coming in and out of the neighborhood and when Would would that be you know, how would that how would the district handle that would that be during school time? What was the level of expectations that that they may that they may want to know about Beforehand and and that was about it from the like neighbors house neighbors when we had the meeting at the church We worked with the pastor Trevor there. He notified all of the apartment complex residents there and the few people that showed up it really was more about noise and Their request was that we have another meeting with them again I think you know a lot of people have a lot of things on their plate It's more about you know when in the construction happens Will we be able to talk to them? And I think that's why staff has said when we get to that point because for us the construction is still out a while To still reserve that opportunity to meet with the neighbors talk to them about the noise issues And I think this is a proper way for Staff to recommend that that be built in to your recommendation if you so choose to go with that consolidated permit approach So that you you still have that kind of connection that the district will be Notifying and working with your residents Okay, so I know a lot of the neighbors around there are many of the families there have children And it's all since I think are right on the other side of the fence from the well there's two families there that actually have children and Cross the street is a daycare center, so it could be quite disruptive for the kids there perhaps and I definitely hope you contact that yeah, you know the Well that we recently did was right adjacent to the school and I remember Melanie talk about That uses an opportunity to help educate the kids and talk about the smiling faces at the fence line I believe is what you mentioned kind of captured me So we have experiences exactly that situation and it turned into we made what could Proceed as a negative experience into a good cooperative learning experience and no negative feedback on that So yeah, you know pursuant to our conversation. We had a conversation. I think two days ago So I mentioned to the superintendent assistant superintendent unified school district that you did have that experience with the people at Twin Lakes the school at Twin Lakes and she thought it was a great idea. So they're gonna be waiting for your call Well, and we've had I've already asked our staff member who conducted some of these meetings We get closer to reach out to the school. Great. Great We also have it seems like schools are in neighborhoods just like our well-sites So the Willowbrook site is also right next to a school the Montessori school And then our Twin Lakes Church pilot well that we did over the summer was next to the Twin Lakes Church So we'll definitely make sure that we engage and prioritize My main concerns with the kids that would have to live through I mean sleep perhaps into the drilling So I'm glad you're going to attend to that. Thank you Thank you mayor a question about duration. How long will we publicly able to access these funds if they want to relocate? Go to a hotel is what we put them up in during the yeah, yeah Yeah, how long ago how long could they go to you know, what are you what time frame? Do you figure that they could possibly be located? It's it's for the duration of the 24-hour drilling and So it's it's usually well. It could be as fast as three weeks It depends on the different depths that this the what the drill well has to go so in Some cases where we're drilling down thousands of feet it takes longer this well we foresee is going to be a little bit more shallow So somewhere between three and four weeks And for hopefully we'll get more into that as we go into the design And laying out the schedule, but that's about the duration Great. Thank you. I Just have a couple quick questions So the the 24-hour drilling for three to four weeks if that weren't 24 hours It was 12 hours for example wasn't during the night my Guess is that it would take six to eight weeks, correct? It would be a longer noise impacts potentially and it could even be longer because when you stop drilling for a certain amount of time You run the risk of the whole paving in or the drill material being stuck down there, so It's not necessarily directly linear or double to the And then is there any flexibility as as mentioned there's you know families with children and whatnot nearby and I imagine that for For example a family of four with young children a hotel room wouldn't necessarily be the most appropriate So is there flexibility in that for for example an Airbnb or a short-term? Rental where they would feel more and like they're in a home rather than than in a hotel room Is that an opportunity as well or is it strictly hotels? Yeah, that's a really good question. We can look into that typically. It's been just a local hotel in our area But that is something we can look into Okay, that was all the questions from the council, so we'll bring it to public comment Is there any member of the public that would like to address the council on this matter? Seeing none, we will bring it back to the council for comments and deliberation council member story Thank you again mayor One night this is a great project And I'm really happy to see it coming to fruition just some of the thoughts that I would like to see and it sounds like I need to get it in now or forever hold my peace and so One on the well site, I think it would be a great opportunity since it's so near new Brighton school And the school adjacent to it at the church That we developed that as some sort of educational life-flap Location put some educational Aspects to it and also being part of the arts commission You know, there's never a wall that the arts commission doesn't like to see made more attractive So I think it's a great opportunity to collaborate between the city the water district and the school district to Do something educational and more attractive there and on that lines of attractive I noticed You know the old telephone pole it looks like in the rendering that that same telephone pole is going to continue to exist Since I imagine you're going to be doing some trenching I think if it's feasible it would be only not only safer But also more attractive for that area if that if the utilities could be underground The gravel I I don't find it particularly attractive or pleasing and and so but I Get it, but if it's a maintenance issue seems like it's just because something's going to grow there eventually Maybe better to just to plan ahead and anticipate it and maybe put in something that's more green than just crushed rocks And my last point is concerning and reading the report on the trenching of the roads Kennedy down the park And up a bit and the way it reads in the report is that the roads will be returned to their Approximant condition prior to construction whenever I see something like approximate condition Okay, I know I'm gonna see this Stripe down the road or a dip where the trenching was done And I would like to see at least say in as good a condition as prior to the construction and Ideally may be better when we did the project and the jewel box of the sanitation district We they worked with us they and we re-slurried so it really became Almost like a new road and you never saw you don't you do not see the results of that Trenching that was done. So I would like to maybe see something and if working with this with us to maybe Contribute to that. I don't know when this is going to be done Or what those road conditions would be but I think that if we could work together to make the road Better than what it was prior to the trenching and not just approximately in the same condition. So Those are my thoughts on the project With that full speed ahead. Thank you. Thank you, Ron So I would like to reiterate my concerns as I communicated in our conversation. I'm very concerned about the Families nearby especially the ones with children and I'm very hard to hear that you're going to be providing something that Could make up for that disruption in their life My other suggestion was to reach out to new Brighton school and Sam and I I think would like that to be a learning case Learning opportunity. I think that's a good one. I'd like to add two things Based on Sam's question. I didn't know this would be our last chance to really make a major comment um Two things occur to me. I'm familiar with that little driveway that goes to the site I Haven't closely looked at it but it's not in the best of condition and it does provide access to the Apartment house down at the end of the driveway and so maybe in terms of improvements to the area because of The impact and stuff that might be a good thing to do is make sure that road is made better The My fourth my fourth comment is turns of public education maybe having some sort of explanatory sign on the fence itself Detailing what this project what the purpose of this facility is Maybe people as they walk by there and such like that and they might respect it a little bit more if they realize This is something for public benefit Thank you, ma'er. I think most of the comments that I've concerned about them brought up I I do I did just saw the look funny look on your face when a council member story suggested some planting back there We had gravel. I understand it's a construction site and also you're an advocate of Conserving water, so I don't have a problem with the gravel being back there. It's not a park It's it's basically a remote area for just your pipe So I don't have deep concerns over that I am concerned about Monterey Avenue We just recently paved that and I I think the language that you probably use is just some standard language That probably is in the lots of contracts to return to as as is condition But just make a note here that that's roads in pretty good shape And we're looking forward to it would be in that way for a long time. So that's it Do we need a Recommend do we need a motion to approve? Yeah, I'm gonna go ahead make a motion this I'll read it right here make a motion author is a consolidated coastal development permit We have a motion and a second Did we we brought this to public comment already? Yes, okay. Sorry. I got got a little lost in the agenda there. Okay. We have a motion in a second all in favor Any opposed and we have it on record that councilmember Brooke has a spain or recused. Yes So any abstentions none and with that motion carries that brings us to the end of our agenda Thank you all so much. Take care of yourselves and take care of each other