 Well, good afternoon everybody welcome to our 1145 a.m. Public portion of the closed session of the October 22nd 2019 meeting of the Santa Cruz City Council and this part of the meeting the council will receive public testimony Thereafter council members will move to the courtyard conference room for our closed session I'd like to ask our clerk to please call the Mayor council members Cron here lover here Here Here are there any members of the public who would like to address the council on our closed session session agenda Okay, please come forward and I'd like to invite up add firestone first for a four minutes as a presentation on behalf of his client Morning. Thank you for giving me the opportunity to speak to you about a claim that's being made by my client Against the city of Santa Cruz And these are some obvious quickly quick as I can we're not going to follow through on the presentation It's a little longer than four minutes My name is Ed firestone. I'm an attorney representing Kelly family there I own a small shopping plaza at 12 in the 1200 block of Mission Street There's a dry cleaner there since about 1968. There's still one there And it used a chemical called percler ethylene until about 2001 Everybody in the country used that chemical California every other state it's common and it's the one that you note and you smell when you get your clothes directly into your And you hang them in the garage because you don't want to smell in your home Dry cleaners commonly used to solvent and they were it was released in the process of dry cleaning clothes It was released both onsite and then as part of the process dry cleaning does use a little bit of water Most people don't know that to take out water soluble stains And they have to remove the water and the dirt from the PCE which they reuse percler ethylene is called PCE And as a result that was standard poured down the drain into the sanitary sewers And that's the practice that was the practice. They don't do it that way now But that was the practice 50 years ago 40 years ago and it's leaked The property owner didn't cause the problem. He's never run the dry cleaner that the family's never run the dry cleaner they've owned the shopping center itself and Well, they had didn't they didn't run the dry cleaner. They've taken responsibility for working on the cleanup They're working on mitigating and remediating the site itself right now The all work is being done into the oversight of the California regional water quality control board the Central Coast We're working with them. It's it's a voluntary process They've signed up to do that work as part of the process that began to look off-site and What happened was they found when they began to look out off-site They found that the sanitary sewer in the middle of Mission Street has leaked And there are levels and concentrations and what's called soil vapor that are present in the area It was released from the sewer at a sag at a low point. Let's see if I can find that picture I think it's this is how it happens. This is page seven of your handout the state water board Excuse me get a study in 1992 that said jeez are sewer lines throughout the state where they sag and Where they have bends are leaking dry cleaning compounds into the environment And this is part of that study called the iso study We know it's the sewer and I'll show you that This is a map of the area. This is figure one Figure two will show you the where the perchlorothaline is above What are called environmental screening levels in the environment in the neighborhood? And it's highlighted in yellow screening levels these screening levels Don't necessarily indicate any adverse effects on health through the environment But they do mean and the state looks at it that further investigation is necessary We know the sewer leaked because pce this compound degrades in sewers It doesn't degrade when it's in the normal environment and you'll see the pce on the property itself to the to the left-hand side of your page But I'm going to go to the next slide which shows one of its breakdown products and you'll notice This is called pce. It's one of fewer chlorine There's no oxygen in sewers and so the products break down there And you'll see that it's moving off site from the sewer, but it's not not on the site. Thank you Are there any other members of the community who would like to address the council? Okay, please come forward and you'll have two minutes morning my husband and I filed a claim on September 3rd with the city of Santa Cruz a garbage truck damaged our house He took down a power line and called this damage to wood paneling above our garage The weather guard and also the power lines We had to pay for an electrician to come out and do repairs before PG&E could do their repairs we also had to buy wood to replace for the wood paneling on our garage and I just wanted to know what the status was of that claim the damage was done on September Excuse me June 30th, and I filed the claim on September 3rd and I received a letter on October 16th Stating that I could show up today and inquire about what the status of the claim was On a second note. I wanted to share brochures with you. I'm a youth employment specialist. I do this as a volunteer in the community If any council members are interested in talking with me, please contact me I love working with not only youth. I recently started an inmate employment program with the sheriff's department So this is something I'm very passionate about. So if you're interested, please call me. Thank you. Thank you Is there any other member of the community who wants to address the council at this time on our closed session agenda? Okay, see none. We'll go ahead and adjourn to closed session council. I'm just assuming Patty that you'll Mention the process for the consideration of claims or you have yeah Thank you for that. Okay. Okay. We'll go ahead and adjourn to our closed session and thank you All right, let's go ahead and get started Good afternoon everybody. Welcome to our 12 30 p.m. session of the October 22nd 2019 meeting of the Santa Cruz City Council I'd like to ask our clerk to please call the roll Thank you mayor council members crone president whoever you're my ears you're brown here Matthew here vice mayor Cummings. Yeah, mayor Watkins. Yeah, and if our clerk could please lead us to the Pudge Lily So now is the time for us to have an introduction of our new city employees And I'd like to invite up Susan Nimitz from libraries to introduce her new employees. I have a whole bunch today I'm Susan Nimitz. I'm the library director today. We have Lauren Wishing And Lauren's joining us. She's at brand. Oh, no, she's in programming She was an aide so a temporary worker who's worked her way into a permanent job. We're excited to have her She was an archaeology major And she's contemplating grad school one of the things I learned with this bunch is Lawrence Lawrence married to someone in Parks and Rec and so is Essie. So I guess there's something going on Then we have Essie Barrasso Ramirez As he's joining us to and she's in graduate school at San Jose State to get her librarian degree she's Santa Cruz gal born and raised and She's going to be the branch manager at Boulder Creek and she's also married to Alex in Parks and Rec We have Cameron Cotan Cameron Cameron's also an aide that has worked to a permanent position Cameron's working at Brant's 40 right now and Is also helping with our team code combat? Programming so he's a great asset to the library and last but not least we have Angie Lyons Angie's going to become the branch manager for the Felton library She has her librarian degree out of UCLA and likes horses That's that for a random fact, but we're really exciting. We're getting lots of great new staff. Thank you. Thank you Wonderful welcome Okay, we have another New employee, so I'd like to please invite up our customer service manager Kyle Peterson to introduce his new employee The mayor Watkins and members of the council. My name is Kyle Peterson. I'm the customer service manager for Santa Cruz municipal utilities I'd like to introduce you to the newest member of our customer service team. I lean done As you may know Santa Cruz municipal utilities is the clearinghouse for utility services in the city We provide water sewer and garbage utilities for inside city residents and businesses and Water-only utilities for outside city customers We manage about 25,000 accounts serving a hundred thousand people And we bill and collect about 70 million dollars a year and an additional seven million dollars in Tax revenue for the general fund We do this all with a frontline staff of six people so our customer service reps really need to know their stuff and Fortunately for us Eileen here really knows her stuff She previously worked at all of Hearst public utility district They serve water and sewer services to about 6,000 customers Fortunately all of herst is located north of Sacramento, so it's really hot Which means that Eileen has decided to move to Santa Cruz She's not new to the area. However, she grew up in San Jose with six six siblings And so now she has a number of nieces and nephews who are in the area and and she's happy to be close to now So between the new job the better weather and the family she's happy to be here and we're happy to have her Please welcome Eileen Wonderful welcome Okay, so now we're gonna go ahead and move on to our presentations and we have imagined a day without water Which is hard to imagine as our first presentation and we'll go ahead and invite up Heidi to Speak to the item. Is that correct? Yeah, she's coming. Okay. I Have a proclamation when you're ready and I am ready. I just want to thank you for Being supportive of the work that we do As you know, it would be really challenging to imagine any day without water and we're fortunate that at least so far We don't have to do that. Sorry about that. So I am very pleased to accept the proclamation Wonderful. Well, I'll just read a few of the where as is So whereas water is essential to sustain all life and Whereas Santa Cruz is two favorite beverages locally brewed coffee and beer would not exist without water and Whereas much of Santa Cruz water infrastructure dates back to before the safe water drinking act was passed and has outlived It's expected lifespan and Whereas all Americans are challenged to imagine a day without water on Wednesday, October 23rd, 2019 So now therefore I Martin Watkins the mayor of city of Santa Cruz do hereby proclaim Wednesday, October 23rd 2019 as imagine a day without water day in the city of Santa Cruz and I encourage all citizens to join me in Recognizing the privilege of having clean safe and reliable water. Thanks to your work. So, thank you very much And if you don't know what it would be without water look at the windows of the water department Which have some great signage on them So we had another presentation that was originally scheduled to take place today and That was the dignity health Dominican Hospital report, but it was postponed because there was a Staffing conflict for the presenter. So we'll have that rescheduled at a future meeting So we'll go ahead and move on to announcements and I have just a few announcements And then we'll move on to our regular agenda So today's meeting is being broadcast live on community television channel 25 and is streaming on the city's website at cityofsanacruz.com Our rules of decorum are on the window ledge to my left And it's my job to keep the meeting running without Destruction and we ask you to reflect respect your fellow citizens when you're inside and outside of our council chambers I'd like to ask if any council members have any statements of disqualification today Seeing none Are there any additions or deletions? See clerk So a brief oral communications announcement oral communications is an opportunity for members of the community to speak to the council on items that are not on today's agenda and Oral communications will occur at or around 7 p.m. This evening I'll go ahead and look to our city attorney at this time to report on closed session Thank You mayor Watkins members of the city council This morning the council convened in the courtyard conference room to consider the following closed session items First was conference with legal counsel concerning liability claims including the claims of Noah Jackal David W. Turner State Farm insurance company Jeremy Saunders and James J. Kelly Those items are also listed on your consent calendar this afternoon for council action It was one item of real property negotiations involving the real property at 125 Coral Street owners James P. Gillespie and Gene Gillespie trustees and Harley F. and Sandra I Gillespie co-trustees Council received a report from its negotiator and gave direction on that item. There was no reportable action Third item was labor Excuse me labor negotiations involving the fire department. I a ff locals one seven one six Council met with its negotiator, but there was no action taken Finally, there was one item of significant exposure to litigation and no action was taken on that item Thank you very much so now is an opportunity for us to hear from each other on The report out of actions at external boards committees and joint powers authorities meetings that have occurred in between our meetings So I will go ahead and see if our vice mayor can start us off with an update on the library Thank you very much. All right, so as many folks know we've had the subcommittee has been arranged to have more community involvement and engagement around The next steps with regards to the downtown library All the work that we've been doing can be found on the city's website If you go under city council subcommittees the downtown library There's a link where you can find the work plan and a number of the different documents They've been provided to give more clarity around this process and the direction the city is taking So far we've had three community meetings We met on June 19th where we had a discussion about library needs and a presentation from the D-LAC and We had a number of other stakeholder groups around seven community groups that also engaged in that discussion On August 20th, we had a discussion of the downtown parking district where this committee received a presentation from staff Around some of the downtown parking needs We followed that meeting with a meeting on September 17th where there was a vision for downtown discussion We had presentations from the National Development Council Progressive Urban Management Association and staff and we also had a number of community Stakeholder groups that were involved in that conversation as well To date we have had office hour meetings. Oops. Sorry to date We've had office hour meetings with about 20 community stakeholder groups where we've had 15-minute sessions where we can hear the needs of the different groups their stance on What they support in terms of a new library where it should go and different concerns from the community about the next steps with the library and With regards to the downtown library renovation cost assessment The subcommittee agreed to issue an RFP to assess what could be done In a renovation of the downtown library with the existing $27 million budget this RFP was issued back on June 26th of 2019 and Jason architect Was selected and approved to complete an assessment in early December So far the site evaluation has been completed. There's been preliminary meeting with with staff and with the advisor with the subcommittee and they've developed a preliminary cost model and to develop a preliminary floor plan and As far as next steps on October 24th We'll be having an update from Jason architects where they will give a presentation about the cost assessment and floor plans This is going to occur at 5 p.m. At the Loudoun Nelson Community Center and the public will be invited to observe and Then kind of kind of wrapping this up. There's going to finish the downtown library renovation cost assessment scope You know, we're going to receive a finalized cost assessment and complete a full report with recommendations From the subcommittee to come back to the council on November 26 That concludes my report back on our subcommittee And I'd just like to mention that we felt it was important to bring this report at this time given that we initially anticipated to have recommendations to come back in October, but given the timeline for Jason architect to make their assessment It needed to come back We want to give a report out to the council now and give a timeline for when we should be bringing our recommendations back to the city council Thank you for the update and for the work and we'll look forward to having a discussion about this on our 26th agenda We'll go ahead and kick it right back over to you vice mayor if you have additional updates from other subcommittees I don't have additional updates at this time. Why don't we go ahead and make our way down and then we'll circle back around this way councilmember Matthews Okay on just a few items the measure you implementation working group, which is the city county jointly funded group to carry through on the Voter direction on UCSE growth Has appointed an advisory committee that has met There's been some Outreach for hiring an organizer. There is an RFQ that's open at this point. I believe Lee is in the audience If anyone has interested Possibilities for that position get in touch with Sandy or me that so that's proceeding The mid-county groundwater agency, which is the advisory group of a number of water providers districts and private well owners in the mid-county groundwater aquifer has held its final public hearing regarding a Sustainable management plan as required by the state so that now the final hearing was held a couple of weeks ago and that plan will now be finalized and brought forward and we'll meet the state mandated adoption for next year and downtown management corporation was involved with the Puma interviews regarding the downtown Vision and management and we have a couple of new board members. So that was the focus of our most recent meeting and then I'll just say I went to the open house for the Water Street housing on Saturday Donna attended that as well There were quite a few staff members and Andy Schifrin was there from Planning Commission and it was a very heartwarming and impressive Realization of some much-needed affordable housing was a really great event. Yeah, I Believe vice mayor had a couple additional comments Just wanted to make sure the public is aware because we've been receiving some emails that the library subcommittee has not come to an Agreement or any conclusion on how we're going to be voting on this item And so I just want the public to be aware that we are still Working through this process and using the data to come to an informed recommendation for the council so if members of the public have been concerned about which direction this is going and We have not come to a conclusion on where we're gonna where we stand on this at this point in time Your agenda which item was he referring to I'm sorry Library the library subcommittee. I had a bunch of folks asked me about the difference between a observation meeting and a Meeting where the public can participate the one next one at Loudon Nelson. Is there any reason why there won't be a public comment at that meeting? When we initially established this meeting with Jason architect We had established it as being a report out to the members of the subcommittee where we would be able to have an opportunity to report Given the amount because we didn't incorporate time for public comment. We don't We didn't calculate that into how much we're going to be paying Jason architect for their time on that day So had we had that initially we could have factor that into our agreement with them But we didn't so and it seems like if and members of the public are interested in tracking the work They can go online to the website to also follow through. Okay. Thank you Yeah, so I Am on the revenue and enhancement subcommittee council member Matthews and we are continuing to work on developing a Potential ballot initiative proposal To recommend to the council and we've had some productive meetings with members of the community interested members of the community on this and we will bring a Recommendation that will be forthcoming Sometime in the near future, but we have at least a couple more meetings that we want to Proceed with before we finalize you for your work and I'm my other one I don't have Reports on all of the committees and commissions I'm on but I would add that the regional transportation Commission Matt in early October and at that meeting we voted to move towards a contract for an alternatives analysis for the rail line so an alternative high capacity public transit option to Way our way the possibilities for how to use that the rail line in the future for public transit and We also talked about the efforts that are going on to kind of consolidate and clarify the Land ownership issues on the north coast to get that segment of the rail line going and it's kind of one of the most complicated pieces but one that we really want to Move forward as quickly as possible I'll go ahead maybe and see since I'm kind of going in the flow if City manager Martin Bernal wanted to report out on any of his work in the community as well at this time No, there's no. Oh, no, I don't have any report out on any of the Joint powers authorities that I'm serving on The public safety committee met on October 14th and We had a vigorous discussion on the bail schedule which I believe will be coming back to the council the bail schedule meaning What people pay for? fines throughout the city it is a Fascinating I just think it's a fascinating document in history, and I don't know the whole history and how different fines are charged different Why we charge a thousand dollars for this and five hundred dollars for that So it'll be coming back to the council. We also had a pretty vigorous discussion on four pieces of I guess I don't know if I call them gun legislation or a gun proposals or anti-gun proposals and If we would love to bring something to the council, but it just wasn't ready All of them were really interesting and two of them, especially I think the whole committee would have liked to move forward, but Through our discussion. It just seemed like we we could wasn't ready for prime time yet to bring forward the Integrated solid waste I just wanted to mention that it was a bummer that the governor vetoed the plastics the 50% content Recycle plastic and and really didn't deal with single-use plastic bottles either and I just don't understand it But I hope that we will continue our lobbying efforts The other one was the long-range development plan. We haven't had a meeting since the last one and The next one is December 19th. This is dealing with How the university will develop You know 2021 is supposedly when the long-range development plan will go to the regions through a couple different committees at the university That's the plan for now Thank you. Yes. So the only committee I'm on that met was the public safety committee But I will add some additional things to councilman Crohn's report So we did discuss the bail schedule one of the themes that I brought up as well as customer Crohn was the potential impact of the fee structure on low-income individuals and the potential detrimental impact that can have on their credit when their Items go to collections because we were noted that there had been a shift in 2008 I believe that moved things from criminal crimes to civil crimes which went to collections Also, there's the problem of citations resulting in Community service which then could be perceived as free labor By the poorest in our community also pointing one thing I brought up was from an article in August 2005 2014 about the issues in Ferguson with regards to the issue of the disproportionate impact of bail schedules on the poor There were also community members that came to spoke to speak about Their perspectives and their shared concern about that as well as the strange structure on some of the different bail schedules So I look forward to that coming back to the council also, I would urge us when we're talking about the proposals that were made around guns to look at it is a not anti-gun, but a gun safety Conversation of figuring out ways that we can make sure that people are Protected because there's an average in Santa Cruz alone an average of 20 guns stolen every year So that's something that should be on our radar Some of the proposals had to do with Figuring out where guns could be stored figuring out how guns could be tracked and figuring out ways that people could Be held liable for their weapons being used to cause harm or detrimental injury to another person so Really important conversations. I wish we could have moved forward on some of the gun legislation or proposed gun legislation But it does need to do have some more research done on the back end so that we can make sure it's implemented Holistically and responsibly I believe the next meeting is scheduled for December 4th, but we will give an update Ideally when that time comes. Thank you Let's see I share a number of these committees with other council members, so I think I'm just going to report on two Santa Cruz Metro, I'm not sure if council member Matthews followed that we met I would say the two highlights Is that the metro is starting to Ready for electric buses. There's a number of them that are being purchased as well as doing the planning work on putting in the charging stations, so Very excited to see electric buses eventually coming into being for our community So that's one thing of note. The other is the Pacific station project continues to Move along and be developed between the city staff from the Economic Development Department and also the metro staff there has been a significant grant that's been identified to pursue and What we'll be working together. I believe we might even see an MOU if I recall coming to the council at some point in the near future and So that project continues to move forward as well and then I will I also was there for the Public Safety Committee and agree with the report outs of my colleagues and The last one I'll just report out is the Cal working group we recently have Been meeting regarding the conditions on the beach as they were reported this year by Heel the Bay We did do a site visit last week with public works to look at some of the infrastructure and We'll be continuing to work out the next set of steps to address some of the bacterial Results that we've been seeing I'll also let the council know that the Cal working group Work will be premiered in a video that I believe is going to be taking place at Patagonia on November 7th It's a part of the Save the Waves National Film tour that's going on actually it's an international film tour. So the city will be prominently Disguired or work on the beach there in that in that film festival. I believe it's traveling to Germany and Ireland and Couple other places in Europe and then a several places in the United States. So if you want to see the premiere of that There's an event at Patagonia at seven o'clock on November 7th Okay, so I can't remember Brown and then council member Glover If council member Glover's Additional is related to I'll just wait because I just have a quick announcement. Okay council member Glover Thank you I just want to make a quick correction to my report back on the public safety committee in On December the 2nd at 5 30 p.m. I believe is the next meeting for the public safety committee Thank you for the clarification. Okay council member and I just wanted to put in a quick plug for the regional transportation Commissions elderly and disabled advisory committee. We are still seeking Participants members for that that committee and it's really important to us that we get that feedback We rely on our advisory committees to help guide us in the decisions. We make around Public transit in particular for elderly and disabled Folks so it would be really great if anybody out there listening is interested if you contact the regional transportation Commission office and or myself and we could help you with the get the application in Thank you, and then I just have a few brief updates One is the health and all policies subcommittee will have our final meeting tomorrow morning bright and early and that will anticipate having a set of recommendations before the full council at our first meeting in November on November 12th and The only other addition I really had was that the criminal justice council put on a girls and gangs conference earlier this month and there was a lot of research presented on the history of girls and gangs as well as a panel of local and other Women who came forward to share their stories with those who are present Speaking about some of the efforts that worked in terms of the prevention efforts that are happening now in Santa Clara County and ways that We're really trying to come combat the engagement of girls and gangs Through prevention and pro-social activities and mentorships, so it was a great opportunity to have community event focused on prevention and I think that's it since the last time we've met and reported back councilor Matthews a quick question on the Video about the cows working group. Is it specifically about the work of the cows? Yeah, yes Can we get a copy of that to link on our city website? I mean be great. Yeah, and spread that around. Yeah, the so the video be premiered at that event on this on the 7th and then the The gentleman who's made the video He is doing a cut for us that we can then use or you know have on the city website And I'd love to share it with Noah as well. Okay Thank you and thank you all for the work you do outside of city council So we'll go ahead and at this point move over to our consent agenda And those are items five through ten on our agenda And all items will be acted upon in one motion unless an item is pulled by a council member for further discussion So are there any council members wishing to pull any of the consent agenda items items five through ten? Hey seeing none. Are there any comments or questions from council members on the consent agenda items? I'm seeing none. Is there any member of the community who would like to address the council on our consent agenda? That's items five through ten in our agenda packet Seeing none, we'll go ahead and return back to council for action Okay, so we oh, do we have a Okay, please come forward and you'll have up to two minutes Just on number ten. That's the pipeline that would have 1220 close while they're doing that building thing Just support from the city council for us to be able to find somewhere else for them So just knowing that that's a priority for us. Thanks Thank you Okay, so we'll return back for action. We had council member I'm sorry we had vice mayor Cummings move the items seconded by council member Myers any further discussion Seeing none all those in favor, please say aye. Aye. Any opposed? Okay, that passes unanimously Excuse me mayor Skipped item four the calendar. Oh forgive me. Are there any changes to the council calendar? Just the addition of the special meeting on the 29th. Okay. Okay, great. Thank you Oh, I did. Thank you. Any questions? Okay, go ahead And thank you for reminding me. I skipped over that one So at this time, we'll go ahead and move on to our general business portion of the agenda and first Item is the city cannabis children's fund Budget adjustment and we have parks director Tony Elliott here to present the item All right, thank you mayor. Good afternoon city council. My name is Tony Elliott with the parks and recreation department Before the city council's request to appropriate the city's cannabis tax children's fund Torture programs to serve early childhood development and serve underserved youth in Santa Cruz The children's fund portion of the city's cannabis tax is 12.5% of that overall bucket Currently in our accounts after Last year's audited financial statements. We have $60,634 available to be Appropriated toward two different uses in May of 2018 this item came before the city council the previous city council And we received direction at that time for 50% of those funds approximately $30,000 to go to thrive by 3 Which is a program through First five of Santa Cruz County and David Brody the executive director of First five is here to speak to any details on that but 50% to thrive by three Which serves children? Ages zero to three so in parks and recreation we typically don't serve those young of kids So this is an effort to serve that need The other 50% would be to vulnerable and underserved youth as recommended by the city schools committee So again to summarize that the May 2018 council direction 50% to thrive by 3 50% as directed by the city schools committee So this past April of 2019 we met with the city schools committee Including a few council members and the city schools committee recommended that 50% of those funds The other 50% go to friends of parks and recreation for scholarships to underserved and low-income youth The city school superintendent Chris Monroe was not able to be here today But I believe may have reached out to the city council to offer her support on the recommended direction of these funds Also friends of parks and recreation our current board treasurer Holly Locatelli is here to speak on behalf of FOPAR if the council has any questions About the funds that would go to FOPAR and then be dispersed to Families with youth with different needs for for programs And then I mentioned already the 50% to thrive by 3 again in that bracket that we don't we don't serve very well through parks and recreation so Part of the original policy direction. This is council policy 12.16 12.16 Is that the these programs to which funds through the cannabis tax and children's fund are given that they be evidence-based Program so that's a big piece of what we reviewed in this is that these are evidence-based programs And so the plan moving forward if approved by city council today staff would report back to city council As part of the fiscal year 21 budget process to let you know how the process has been Based on these appropriations And with a recommendation moving into fiscal year 21 as well So again, so there's a lot of pieces here. I'm happy to answer any questions, but to summarize The request today for city council is to appropriate the city's cannabis tax children's fund of $60,634 to the parks and recreation department to be allocated as follows 50% to thrive by 3 To serve Santa Cruz youth ages 0 to 3 and 50% to friends of parks and recreation For youth scholarships for programs camps and activities through the parks and recreation department So with that happy to answer any questions or deferred to David or Holly with any questions. Thank you Thank you for your presentation questions from council Number Glover and then counselor Brown. Okay. Thank you So I love the the concept. It's great I was looking for a documentation about it on Friday and it didn't come in until later in the afternoon And even then there wasn't much description as to what the programs Are the selection process all that so you said that the money for the That was recommended by the city school committee and to go to faux pas would focus on quote youth with different needs Can you elaborate as to what that means? Yes? Good questions primarily underserved youth and primarily low-income youth So faux pas I may lean on Holly Locatelli to speak to this as well But we receive a number of applications from community members from families Who want their kids to experience the different programs and classes that we offer through parks and recreation? And so a lot of times those are too expensive unattainable And so faux pas raises money independently for scholarships to give out to different youth in the community So the faux pas board twice per year. They review those applications based on merit based on household income and different thresholds there and different different family needs Through that process. So faux pas then makes a recommendation based on how much money through the scholarship program is granted to support The various needs based on those applications. So it's an independent process from the city or from parks and recreation But we take those recommendations from faux pas and then apply Scholarship dollars as appropriate. So the money here this 50% approximately $30,000 That would Help grow the program. So faux pas already. I think Annually it probably varies but probably between 20 and $30,000 a year is what faux pas gives out in scholarships So this would almost double that program And last year there was more demand in that program than what faux pas could could pay out. So There's certainly a demand for these scholarship dollars If I could just briefly add in our April meeting also with the city schools subcommittee We learn from Chris Monroe and others that had they known there was this potential for extra resources to support some of the Vulnerable youth in their community. I mean in their school district They would have worked with some of the homeless families to help them enroll And so part of this also is saying not only do we have a gap of people who we know have access to being able to Apply for faux pas, but now we know that we can kind of reach out to these folks that are particularly vulnerable To help them along the way so that they now even know that they could potentially even access it and potentially have that Scholarship to allow their child to do it so that that built relationship will enhance it through the children's fund essentially also if that feels Reflective of our meeting. Okay. Great. Thank you. So It's an independent process from the city and parks and rec So how is the decision made on where the money goes also as they're a history or data set of Families or demographics that have been supported by the existing program that can justify the Impact that it's been having. Yeah, I don't believe we have that today, but we can aggregate that data Yeah, who received funds when and so forth. So I'll lean on Holly Locatelli to comment So so every year we have scholarships that go out in the big time we do that is the summer Program so we get the applications and we don't keep Records so much on because when we're looking at it, we don't even look at the program that they're Applying for so we don't give any bias to like oh we want everybody to go into junior guards or everybody to this it's strictly on income and Sometimes you know people only want like one class that costs $100 sometimes That's the child care for the family for the whole summer and they need both sessions of junior guards So you're looking at over $500. So in order to serve everyone we usually have to do a limit To make the money go as far as we can so we'll set like $300 so sometimes somebody doesn't need that whole $300 and they can get the program they want or They will get the first session that'll cover the first session maybe $50 of the second session of junior guards or another You know the older the kids usually the the more expensive the program gets or the longer at last But sometimes they won't do the second session because they can't Get the the whole other $200 together. So that's really heartbreaking the other Program we do every summer that since I've been there since 2014 as the city works with Mercy housing, which is Sycamore commons nary lagoon and We have 25 kids that get to go to free swim at Harvey West Twice a week for two weeks and that's something we've been funding to and that is a great program Some of those kids when they write the thing we've gotten thank-you notes from them First time they've ever been in a pool. It's just amazing and I would like to see this program grow To where instead of just free swim and introducing them to a pool We do swim lessons at Harvey West with them and then they know how to swim and maybe they want to do junior guards Thank you. I appreciate that and it sounds like it has definitely been beneficial for certain families Which is wonderful. My concern is in a community that is A majority white to make sure that especially in low-income communities Especially because of the cost of rent and housing which is unchecked locally to be able to make sure that we can Ensure that those dollars are going to make sure that people that are From traditionally underserved communities not just low income are able to have access to the funds So I just want to I don't know if there's a plan for a report back eventually with regards to where the money is going Or a more more robust, you know, do you know what you track with regards to where that money goes to? Programs of the parks and recreation for kids. Oh, I know you have to meet a Criteria for for how much wages the parent is using and depending on how many kids in the family It's very similar to the free lunch program. Absolutely. So I am we don't ask for Information like People of color. We don't do that. It's is a reason why that we don't do that It's for a nonprofit. We're not a government agency. I don't know why We could probably I mean, I don't know my question because you since you were receiving a An amount of city funds that could potentially double your budget to be able to do that kind of outreach ensuring that we're looking at Maximizing the equity distribution of that money and not tracking the demographics of the people that the money is going to while I can understand So if we're a majority Excuse me while I can understand while that Maybe an extra step to take but to make sure that within the distribution of the funds It's not going to say 90% white households and 10% non-white households So those are the kind of things that I want to make sure that we're on top of with this kind of money distribution and maybe if I could interject I think one of the things that we learned and And found from our partners meeting with the city schools committee was that there is a huge need of Access to our parks and bike programs for youth and for families that are struggling to live here and having that Relationship between the city schools committee the parks department and the schools will be able to really target and identify some of those folks to apply for FOPAR using the funds so we'll help kind of make that bridge in a way that hasn't previously existed. So I think it is sort of you know, it's We're building it as we go And there will be report backs on it But what it will do is meet a need and enhance a relationship to help get those folks who wouldn't even have had applied Or even thought that would even be possible for them to get there and with that how much respond really quick sure So I totally understand that and it's fantastic about the potential of what will happen My goal is that at least in the motion or in the action we take today that there is the incorporation of some kind of Tracking system with those report backs that intentionally looks at the demographics that are being served by the mind That's where I'm trying to go with this. I don't think that would be a problem Yeah, we can work with friends of parks recreation to figure out an appropriate way to do that And I think with the schools as well. I mean, this is a very collaborative effort with the schools as mayor Watkins mentioned We've learned a lot just with this opportunity and going through this process namely the potential lack of access for Spanish speakers to Even know what's available. We have not printed our activity guide in Spanish historically Which we are working on right now to do for the first time. So there's some there's some steps that we can take To make sure that people know what's going on and going directly to families and kids in the schools and not necessarily just wait for them To find our website or find our activity guide. So I think there's some proactive things that we can do but I think collaboratively with the schools We can work to to get those metrics again This has got to be evidence-based and I understand what you're saying about collecting that that evidence. Thank you Any other questions I have a quick question about the Thrive by three portion of your hair that's right by three portion of the funding I'd just like to hear a little bit. I know the program, but I don't know very much about the specific Services that might be provided through this particular pot of money if you could elaborate sure a little bit on what you do Thank You council member Brown and just for the record. I'm David Brody. I'm the executive director of first five Santa Cruz County And just for a little bit of education I think you're most of you or if not all of you are aware We are an independent County Commission solely dedicated to supporting the health and well-being of young children prenatal through H5 in the entire County. As you know Thrive by three was a fund started at the County of Santa Cruz, but we are the backbone of that structure of that of that initiative we Essentially staff and advisory committee that oversees the implementation of Thrive by three We oversee the entire evaluation of Thrive by three and then we also directly manage some of the program elements that are components of Thrive by three One of those elements is something that we call the early learning scholarship program. That's actually something we modeled off of A system in San Francisco that provides a range of different types of early learning scholarships to support Essentially the provision of high quality early care and education to city residents in San Francisco We took that concept localized it and made it specific to infants and toddler care Which is the most critical area of need for care both in the city and the county at large And have run program for two years now distributing funds to our early care our early learning community in support of services Over the last two years to somewhere in the nature of 275 youth and their families And so I think there's still some details to be worked out how we would implement this specifically But the idea is that we would leverage that early learning scholarship program and the various Sort of ways it can be implemented again modeling after what they've learned in San Francisco Specific to city of Santa Cruz infants and toddlers Families who are residents of the city Thank you for being here question comes from How would you characterize? first five and thrive by three is that a The county program or how's the city involved with it? So first five just to start there is again an independent entity In the county of Santa Cruz and our mandate is the entire county Thrive by three has begun as a children's fund at the county level with funds going towards a range of Services and system supports over the entire county our vision and goal is that anyone and everyone contribute to the thrive by three effort And that work is then organized essentially by first five because we obviously have this Service area in our mandate to make best use of public and private resources in support of the healthy development of our very youngest kids and their families thank you I have a question for Tony Tony there are other other programs because I'm understanding this is all going to go Into parks and rec and then parks and rec is going to distribute it. Are there other programs that you could point to where we contribute to county programs That's a good question. I can't think of any offhand a couple things I want to mention on this so the going back to the May 2018 council direction There was a friendly amendment added to that motion such that funds Going to thrive by three stay with kids and families in the city of Santa Cruz So I was a friendly amendment added in 2018 and for the council's consideration today to focus those towards city families and residents and the reason we I think bring this opportunity before City Council is simply because we don't provide this These type of programs and services through parks and recreation So this is probably our closest sort of governmental or quasi governmental Entity to potentially partner with to serve this need and an expert certainly in our community And if I can I'll just add if that's okay So I've been attending some of the thrive by three collaborative meetings So there's a oversight committee and David can speak to those that are sitting on those committees and somebody from the city would continue to Represent the city's interest in sort of to weigh in at that at that type of meeting But one of the exciting things about what I feel this offers for our community is we have as You've read I'm sure a huge need for childcare. We have a huge demographic of people who struggle to live here Who have young children? It's often more expensive to pay for childcare than it is to pay for your rent here And so for us to be able to leverage this existing kind of infrastructure But to reorient that in a way that's going to give back to our city residents trying to raise fair families here and have their kids In quality care is a really great opportunity and it's that leveraging similar to the older youth population that we're looking at trying to enhance here with these partnerships. So You know, thankfully we have this Administrative structure Emerging or evolving that we can look to be able to fit to meet the needs of our of our city residents as well Follow-up question when I asked Tony So if we had I mean, it's also sounds like Ms. Locatelli just said that some of the money that is apportioned To low-income folks that provides childcare as well It seems to me. I mean could you use if you had a hundred percent yet all this Would would there be the need there in the parks and rec programming? I Think to build on what mayor Watkins said we I would say that we in parks and recreation don't necessarily have that Infrastructure in place to to serve those needs necessarily We don't have expertise in or facilities necessarily in working with kids zero to three No, I'm sorry. My question was if you had the the whole 60,000 could you is the need there within parks and rec programs? That's a good question. I think as of now the data that we would share It would show that it's not there, but again, we have not done the outreach to the community as we mentioned We have not completely reached out through the schools We've not put Spanish language Flyers and information out so we think the demand is there But if you look at the numbers over the past say three to five years based on what has been requested and what we've given out We would that would not show that that full 60,000 is demanded, but we believe that need is there We just couldn't couldn't demonstrate it at this point. Thanks. I Mean, I'll just say there's a lot there's a lot of need here and this community especially for the needs of children and For the needs of young children particularly that's I'm worried about setting a precedent where we're going outside the city to fund a county program So that's that's my concern. I'll just sort of clarify the the the county infrastructure is the existing infrastructure with the players that know Early childhood that are going to help advise and use their infrastructure to Redistribute those dollars to specifically city kids and city families So we're essentially leveraging their infrastructure to best serve the needs of the early childhood kids in our community since absent having an early childhood Emphasis in our own departments. Yeah, so we won't be funding a county program We're using the county's infrastructure to help fund our families and kids for early childhood Exactly, so essentially it's really the infrastructure of first five which we are primarily funded by statewide tobacco attacks And so we're leveraging sort of what we've learned in the administrative process that we put in place Respective to thrive by three but more importantly the foundation of our administrative capacity That's been built for 20 years now and to be really clear I want to be direct about this our intent is to not take any administrative or Operational overhead on these dollars so every penny that comes from the city will go back out to supporting city kids and city families And that's what we're able to do because of our proposition 10 funding and our state mandate Thank you for that. Yeah Any other questions the only thing I would add before maybe we open it up to public comment is That building in the report back having the city schools involved being connected to thrive by three There will be ongoing conversations with the city in these different initiatives and the council will be made Kind of the aware of some of the outcomes and data and families the numbers of families and kids served as a result So I think it's I personally think it's very very exciting. So thank you very much Is there any member of the community who would like to address the council on this item? Please come forward and you'll have up to two minutes Hi, and thank you Pat Mello. I have founded a local cannabis business trade association I'm also on the board of wham the oldest medical collective And I also had the pleasure of working with you guys To create this program not just here, but also at the county I want to say that I'm really happy about, you know, the monies from cannabis business tax going to Thrive by three program. I'm also really happy about it going to our local parks and rec I mean they've had a I've been employed by them been a child in their programs and I've You know volunteered for friends of parks and rec and written checks for sweatshirts to them for years So I think it's great and fitting that it's coming back to them I also want to just acknowledge that when we had this conversation at the county There was a lot of folks who came forward saying that they would like a slice of this stuff As well just in relation to the thrive by three stuff. So there's a never-ending Need for this early childhood development stuff. I think that the child care piece of it Especially was, you know, we want extra revenue for that And that was a piece that in the county discussion We had about it where the didn't get as large of a piece of the pie as they would like And I think that there's, you know, so many legitimate claims to this money that we need to do whatever we can to You know keep having these discussions and I think this is we're talking about 12.5 percent of You know the initial pool of money off of a new Industry and idea called legal cannabis and so I think we need to both have the discussion about what to do with the other 87.5 percent of this money. I know it's going to the general fund But as a cannabis person I want new things in the community that the community can see concretely because of the change in Law and then I also want as much of it going to good programs that we can brag about But then let's also not forget that this money the tax rates are literally putting businesses out of business So let's have that discussion as well. Thank you Okay, we'll go ahead and there's is there any other members of the community who would like to address the council on this item Okay, seeing them. We'll go ahead and return back for action and deliberation council I'd like to go ahead and move the recommendation For funding as described with the additional request for a report that includes Information on the demographics and impact of the allocations second. Okay, so we have a motion by council member matthews Seconded by vice mayor Cummings. Did you catch the additional Recommendation to encompass some of the demographic data council member brown? Oh, I just want to make another comment as well I'm very pleased with this. This is our first year out of the chute for this so Obviously these are decisions we'll make on an annual basis I think allocating some to thrive by three Is is a good call that we'll come back to santa cruz county or city families I can't say enough about the value of the faux pas scholarships to the the families that have benefited from them particularly working families Who really depend on those summer programs? at a very affordable Cost the the scholarships make it possible whether it's day camps for little kids or junior guards for the older kids And the special interest activities for low-income kids, whether it's theater martial arts Whatever the those special Opportunities to develop their skills are so important. The scholarships have been maxed out in past years This will basically double the size of the opportunities Certainly a lot has been learned in terms of working with the schools for referrals But working with the community-based organizations the announcement goes in every parks and rec catalog We can do much more to promote it and having the capacity to To make scholarships is really valuable. I think this is this is the year we scale up I completely understand chris's point that there's Obviously more opportunities. So we'll see where that goes. I think this is a really good resolution for this year for our first year out Councilor Brown and then vice-mercans. Yeah, I just make a couple of quick comments. You know, I'm Pleased to be able to support this Proposal and this motion and want to thank The folks who came to answer our questions and One of the things that I was initially concerned about when I saw this come up was having been in the conversation with the city schools The city schools committee city dash schools You know my I had rec I had remembered that we were talking about Potentially more of that funding a higher dollar amount and that was just my recollection But and then I was a little concerned about the potential where the money was going to go in within the Thrive by three universe, but I'm really really Thrilled to hear that You're talking about using that money for direct program to serve Young young infants and young young children those of us who have been following this For many years have seen the evisceration of child care funding for For very young Infinite toddler care is the most expensive. It's sometimes more expensive It's it costs more than one can earn at a low age job So that you know that's happened to the federal and state level and this is a very small contribution that we can make to try to Boost whatever programs we can we've been able to hold on to and and expand upon So happy to support it And I guess I can just I'll just agree with the statements that were made by my colleagues because I was going to pretty much make the same ones But having benefited from Some of these programs as a young kid and being able to go to summer camps Which ultimately led me to go into a career that focuses on environmental protection. I think that providing Kids, especially low-income kids with an opportunity to get outside And and their families to have an option for child care in the summer is great The one thing that I would just like to ask or recommend is that if there's any Way we can get a report back on on The impact of these funds and these programs I think it would be great for us to be able to see how the funds were used and how the families benefited from them But I'm really happy with this being brought forward and having been on the committee. I'm glad we can bring this to our community Councilor Cronin then councilor Myers um Just want to remind folks, you know, I'm gonna support it because there's so many good so few dollars chasing so many good programs Um, but I just want to remind Newer council numbers of the politics of this and if you look at the dates here, you know, sandy brown and I Were at it We were working for the foster grandparent program the toddler center and the neighborhood child care center trying to get them more funding and Now we're expanding it and giving a whole bunch more money to a new program rather than shoring up the programs We already are supporting So I I'm I'm I'm going to support this, but I'm just saying that there's politics Going into this too in a previous council decided on these decisions and not the present council Councilor Myers and then vice-american I I just want to thank both faux par and the first five In just the partnership and the work of city schools to What it sounds like initiate a really strong program for the youth of the community so and the little guys So I just wanted to express my thanks and I'll be supporting the motion Okay, the one I will I'm I'm I'm thrilled and I too want to thank those that were involved as well as my colleagues and the one thing I will say is that this Action today doesn't preclude any continual funding that's already been prioritized through core other means This is a sustained set aside investments of the city and the city council for early childhood and prevention And I think it's a small step, but it's a step that hopefully will actualize in a in a time where we can have no child not being able to access our parks and rec programs for a lack of funding or Or families who are just struggling so Diarily to be able to live here and raise their kids here if they have young children So it's a small it's a small step to do that and it's um, it's not politics It's it's people and kids for for me. So um I'm thrilled and I am thrilled to see where this will go over the years And to hear a report back on the number of children we're able to positively influence So with that we'll go ahead and take the vote all those in favor. Please say I I any opposed Okay, that passes unanimously And thank you for being here No, I went to a concert. Okay. I haven't found scissors. So we'll go ahead and transition up here. I went to another one We'll go ahead and have the next item which is item number 12 And we have uh our planning director lee betler here Thank you mayor and council members lee betler director of planning and community development and The item before you right now is our direction to reconcile the general plan and zoning code provisions Particularly as they relate to our corridors Mission water ocean and so cal So our general plan was adopted circa 2012 after significant public outreach and roughly a seven-year process and one of the provisions One of the the key tenets of the general plan was development along the corridors and the council in the community at the time looked at the environmental benefits and the public health benefits associated with development along the corridors and selected to Concentrate much of the city's growth in those areas Fast forward a few years circa 2015 The city initiated an effort to rezone The corridors so that they are consistent with the general plan And that effort after about two years was put on hold And then in august of this year we received formal direction official direction from the council to stop that prior process In the interim time between 2017 and now there have been a lot of state law changes that have affected what we can and cannot do the housing accountability act has been updated Both with ab 3194 and with sp3 30 which is the housing crisis act of 2019 And both of those have significant implications on the work that we do in planning and the policy options that the council has We certainly understand many of the concerns that the community has expressed about New development and the implications of new development whether that's traffic or parking or building heights and we understand also that development is complex and dynamic particularly with the new state laws that are coming into effect and so We want to serve as staff as a resource for both the council and the community and navigating this regulatory framework and We No matter what the direction the council provides today want to make sure that we're having a broad community engagement process that Really seeks to Hear from as many people as we can out in the community And so with that I will turn it over to our Principal planner sarah Fleming and our senior planner sarah noisy To talk about the options that we have and some of the details surrounding the reconciliation effort Good afternoon, so we just discussed a fair amount of the background, but I'm just gonna so I'll move pretty quickly through these first couple slides so we received direction on august 27th to Stop work on any Efforts implementing the general plan and convene meetings with groups that have been heavily involved with that prior effort Um, we were also given some specific direction about how the new what the new project would include It would include goals to preserve and protect residential neighborhood areas and existing city businesses Encourage appropriate new residential and mixed-use developments specifically including enhanced affordable housing opportunities at appropriate locations along the city's main transportation corridors and Among a few other details allow the council to adopt zoning code and general plan amendments no later than november 2020 which Is the direction that's the direction we've gotten so A little bit of background about why there is a mismatch between our zoning and our general plan As we mentioned the general plan that we are under which the city is currently operating the 2030 general plan was adopted in 2012 based on work that happened from 2007 at least maybe beginning some of the background work before that up to 2012 Which created and established a vision for focusing growth Along the primary transportation connector connections through our city Which are known collectively as the corridors both in the document and sort of colloquially in the community Um, and there are policies throughout the general plan in all of the elements that really support this vision Of creating neighborhoods that are walkable that are equitable and produce a variety of types of housing That place jobs and housing in close proximity to each other so that we're addressing the needs of our community both for economic growth and for housing options It also specifically in order to sort of implement those policies created some New land use designations that had not previously existed in the city before that were specifically Called out for mixed use development. So housing when we use that term as planners We mean housing and commercial development on the same property um And then it the the maps that are in the general plan applied those designations to Several parcels in the city along those primary transportation routes that are currently zoned for commercial uses So they carry either um a community commercial or neighborhood commercial designation So the prior effort that was dubbed the corridors plan was based upon this land use pattern that was established by the 2030 general plan and sought to create new zoning districts to implement these mixed use land use designations in the general plan And as lee mentioned that work was paused in 2017. So, um, I wanted us all just so we all have the same frame of reference Here's our existing zoning map What this is showing is um, sort of that pale pink color Here this is our community commercial designation and you can see that this is kind of concentrated along ocean Soquel water and then it appears a long mission. It's a little bit harder to see a long mission because it's underneath the highway Indicator and then we also have this darker pink color. That's neighborhood commercial and we see more of that Um Up here along the top part of mission And then kind of scattered throughout in some other some other places So this is the zoning map that currently governs Development standards in the city Here's the general plan map that was adopted as part of the general plan. So this is looking at all the land use designations You know, the yellows oranges and browns are residential development and you'll see that a lot of our Um The area of the city is dedicated to Residential land uses and then again the the pink That this darkest Not the darkest but one of the darker pink colors is community commercial and again, you'll see that this is this is concentrated along our um These primary east west north south connections. So water street. Soquel mission street And then to a lesser degree here along ocean and then what's new with this general plan are these Partsals that are shown in stripes. So these are the mixed use designations and this is where they were Applied as part of the general plan process. This black line is a Pull in that's the next map. I'm going to show you it's just sort of focusing in on those So these are the parcels that we're talking about when we're talking about the mismatch between the general plan and the zoning ordinance these this is the The universe of properties that we're talking about have a currently a mismatch between the general plan designation and the zoning Just so that we're all sort of under having the same understanding of what we're talking about here. So um Currently the mixed use land use designations do not have any zoning code that fully implements those land use designations. So unlike Um, you know a general plan land use designation for low density residential We have r15 r17 r1 10 zoning that implements that general plan designation. So, um When development wants to happen in those Areas if a homeowner wants to add something to their parcel, they can go to the zoning code They can look and see what standards apply to their property That same level of certainty and understanding is not available on these parcels shown on this map so First step that we've taken in this process this as directed by your council We held a focus group was attended by about a dozen representatives of various civic civic groups that were involved with a prior effort um And we spent the first few minutes of that meeting sort of reviewing the old effort and sort of gathering any useful Feedback that things they felt that it was important for staff to know as we move into the next effort And and sort of hitting the high notes of what was What really had not gone well and what You know, maybe could have been useful out of that process and that was just really good background for our staff our team to have because None of us were involved with either the writing of the general plan or the prior effort to implement it so we are all still really getting up to speed about the The various pieces of this effort And then we spent the bulk of the meeting discussing How are we Going to achieve these goals that are established in your council's direction So there were several phrases that we pulled out to really discuss with this group and gather their points of view Preserve and protect existing neighborhoods for some folks that really came down to The physical structure of the neighborhoods like how how wide the roadways are how wide the sidewalks are How tall the buildings are the views that you can have as you move through an area How intersections are currently configured like really sort of Keeping our physical structure intact as much as possible And for other folks it really was about the character of the demographics in a neighborhood when they think about their Home and their neighborhood they think about the type of neighborhood it is they think about it as being a neighborhood of You know UCSC, you know faculty or a or a working class neighborhood and they want to see that character Remain for into the future so they so other people were talking about they wanted to have Options to have the physical structure changed so it could accommodate The equity that currently exists in their neighborhood so that it was about reducing displacement for existing Folks and for existing, you know for those demographic categories that they could continue to live in those neighborhoods So a variety of opinions families was one thing that came up someone talked about how Um, just didn't have any families with kids in her neighborhood anymore And that was the case all the way through the 70s and 80s and she would give them chalk to play in the Driveway and she doesn't have hardly any of that now in her neighborhood. So um, we also discussed appropriate mixed-use development and For some folks, this was really about Protecting parking managing cut through car trips and that could that could change the traffic pattern on an existing roadway and Really have an effect on a residential neighborhood as it accepts adjacent commercial development For for a couple people really was just about height and really specifically three stories limiting height to three stories as it backs up to a residential neighborhood And then for other people they talked more about, you know It's it's more about the building design and how it relates to the public sphere and how wide are the sidewalks and with a wider sidewalk A bigger building doesn't feel Inappropriate in in the same way or it doesn't feel out of context or out of scale with the way the public realm is happening talked about 360 design so that The view from the back of a building is also A view that's worth having So again a variety of opinions And then the last phrase that we really dug into was about enhanced affordable housing opportunities This one really brought up a conversation about addressing commute pressures both Inside the county and between counties. So we have Low-wage workers that are commuting into Santa Cruz who are unable to find housing here that works for them and the needs of their families and we have higher wage workers that are Unable or uninterested in living close to their jobs over the hill in silicon valley And so we have these commute pressures that are That we are accommodating currently on our roadways and in our city um We also then talked about a mix of housing types and and creating the type of housing That um is really needed to maintain those demographic characteristics. So if we have if families is a is a Demographic that we want to target. Are we creating housing? That's really going to meet the needs of families and are we creating opportunities for families to be able to find housing in the city And then for some folks Thinking about enhanced affordable housing opportunities was really about just the total number of restricted units like are we creating The right number of deed restricted units that are available to folks at 50 or less of am i Um, so there are a number of different ways to look at that and sort of collecting all of these points of view and figuring out a way to Address the needs that are expressed and come to some compromise That's the going to be the challenge of this process as we move through it Staff is going to have a lot of conversations with the public Because again, this is just one group of like a dozen people. We're a city of 70 000. So There are that many opinions about What's appropriate and how what do we need and what's missing so This is going to be the the heart of this work is going to be having these conversations and All of us collectively, you know listening to each other and coming up with agreements about where We want to go and what these how we're going to interpret these various terms so A lot of that work went into creating the maps that we have went into creating the general plan the general plan Creates a vision we espouse our values as a community. We envision what we want for the future We write it down. We use that to guide policy language. We write policies and those policies give us maps so All of that process was kind of done at you know the Just before the economic downturn, you know starting in you know, 2005 2000 between 2005 and 2007 and continuing up to 2012 And so then moving forward with these maps to develop zoning code that would you know implement the vision as established in the adopted general plan That was the goal that of That was the goal of the previous effort that was the goal that the community was engaged in and that's um We're going to have to re-engage with that at this point Given the direction that we have so just did one more little piece of context and then we'll get into our options. So as um As Lee mentioned the housing crisis act of 2019 was numbered sp 330 limits The city review of housing projects and it defines that term to it's essentially it's a mixed-use project It's anything that includes housing at certain ratios To the application of objective standards So an objective standard is something that it can be measured by anybody So a building height is 30 feet anyone we can all agree Will establish how we measure height from what point to what point on the roof That's 30 feet and we can all understand what an objective standard is It could also be something as complex as this I lifted this from the city of spokane, washington So it creates step backs and an angle at which those step backs can happen So that there's a transition from a single family neighborhood to a you know, this is Obviously a very tall building and this is a really big zone that they're working in a different context than we are but objective standards can be used to create a lot of articulation in buildings and Can really form design within A set of standards that we can all write down and look at and applicants know what they are neighbors know what they are planning department and Decision makers know what the standards are so As of january 1st, we are only going to be allowed to apply the objective standards that exist in the zoning code and in the general plan We can as we move forward through this process If we create objective standards Those standards apply to any project As soon as they submit a preliminary application. So basically like the sooner we can have Objective standards in place the more projects they will then apply to It also though then requires that within the city's general plan that there's no net loss of development capacity going back to january 1 2018 So the capacity that was accommodated as of january 1 2018 Which is the capacity that is accounted for in the general plan the development capacity Must be maintained throughout the city. So if the capacity is reduced on one parcel for example by reducing the height A similar amount of capacity would have to be added to a similar amount of acreage elsewhere in the city so Simultaneously those actions would have to happen at the same time So those are the requirements of state law that we're Now working in so Given that context The first option for your council to consider is that the project from this point simply become the development of these objective standards we would Use the existing general plan land use maps that are adopted as part of the general plan And we would create zoning codes with objective design standards and development standards that we could then Apply to those parcels that carry those mixed-use land use designations We're guessing at this point that the timing would be somewhere but a little bit over a year less than a year and a half And costs in the range of 300 to 450 thousand dollars and As Is made clear by the next item on your agenda. This is an ideal candidate for an sp2 grant it is One of the categories that's guaranteed to be approved So we know we could get some outside funding to help us do this because I mean the cost isn't going to change whether or not we get the grant like that's what this project would cost and so It is an opportunity right now We have an opportunity to get some outside funding to support this work Which is a really good option So option two is to amend the general plan so to Redistribute the growth potential to other areas of the county and sort of move away from the vision that was included in this general plan to really focus growth into a few Limited locations and look for other areas in the city that could Receive that growth potential So This would involve an extensive public outreach process the outreach process and the and the public participation involved in developing this 2030 general plan was extensive. It was broad. It was deep. It was long and so A major amendment deserves that a substantial amendment of any kind really deserves that same level of engagement with the community They have a right and an obligation responsibility to participate in Efforts like this and so really as a result of the The community outreach that would be Our obligation the timing on this would be really Different it would be at least two years if not much longer I mean this effort to get to this point of the general plan was a seven-year process that included the economic downturn So there was like some slowdown But a a significant amendment of this document would be a very big undertaking and I would have an appropriate appropriately Large timing impact and cost impact The recommendation on our staff report was that your council accept the monthly report on the general plan and zoning ordinance Reconciliation effort and consider options for bringing the two documents into alignment And we are now adding to that recommendation that by motion your council direct staff to pursue option one as discussed And we are here if you have any questions Thank you for your presentation. And I believe council member meyers has a few questions Yeah, I just have a couple of questions It looked like on the map um the blowout blowout map sarah that you showed us of the mixed use designations So it looks like there's three categories of those. Is that correctly? Yes, that's density primarily That's about density and use so the that yellow color says mixed use medium density 10 to 30 dwelling units per acre and it also includes a floor area ratio of 0.75 to 1.75 And then the orange is the mixed use visitor commercial, which is um Anywhere from zero to 55 dwelling units per acre. So in that zoning zone district, it is mixed use and Residential uses would be allowed, but as envisioned in the general plan it wouldn't include general any residential units by right That would be part of Providing some some benefits to the community so that and that's the what the general plan currently says is details are in the zoning ordinance Optimistically written at the time so and then that final brown category is the mixed use high density Um, which is 10 units to 55 dwelling units per acre So it has that same upper limit as the visitor commercial except that this one anticipates that residential uses will always be included And is it only these? New land use designations that need to be um Wedded with the zoning there's there is another any other designations that we made in the general plan update that Don't aren't correlating right now. Is it primarily this this focus? So in terms of what's on the maps and the land use designations that literally aren't implemented by our zoning This this is the extent of it. There are other policies in here that Require us to make certain changes to our zoning code that also haven't been implemented But they're not they're not things that you would map In the same way. It's not a land use designation that doesn't have a zoning code And I guess just one other clarification I think For a bit of history in terms of the timing I just happened to kind of go back and kind of look through a little bit of the history around our general plan and It's always good to look at what the state policy was looking at when you make these major revisions. I think So there's two significant laws that were passed right Right during the right before we started our planning or general planning process One is the global warming solutions act of 2006 Otherwise known as ab 32 That was a pioneering law by the state of california that basically set this entire state of california off on the path Of mixed use development walkable to communities reducing Our time in our cars and that was really a fundamental Piece of legislation that then sort of found its way into our local planning The other is the sustainable communities and climate protection act of 2008 Otherwise known as sp 375 and that's where we really started to look, you know at the transportation and the regional transportation aspect housing and then development And I don't think that we can think about where we may head without really understanding where we came from and those two pieces of legislation Nationally even worldwide are looked at Around the globe as significant pieces where california made the step To really determine that we would become a more walkable Community and so I just I think that that's some good context to put in and I thank you for all your work and reaching back out to folks And I'll just end there for now bisoner Cummings Could you all speak to I mean just looking at this map and just thinking about you know how we have been discussing equity so much All the high Density development is on the east side And all the mixed use Is on the east the mixed used visitor commercials on the east side as well And it looks like that runs down ocean street the ocean street corridor But can you speak at all to the fact that There's no that there's just such a strong disparity between the highest dense housing versus Medium And how it's split you know between the east side and the west side because that seems like if we're discussing equity That's not very equally distributed sure so so what what you're not seeing on this map is existing housing and existing development and so the development so We're not showing the density that's already included downtown right which is west of the river Um, which is not an insignificant amount of density so That's just as a piece of context. I I haven't done the analysis to look at like how is our Housing density currently distributed east to west. I I honestly can't answer that question today Um, what I will say is that you know as a planner looking at these maps as you know coming in late to the process Um when I look at the parcel sizes that are available Along soquel and I look at the parcel sizes that are available along mission street I would have a hard time arguing that given those existing parcels that you could Have a site where it would be appropriate to allow the amount of density that's envisioned in that mixed-use high density On a small site that's going to create some kind of really narrow Really tall building or it's going to require a lot of site consolidation Um Secondly the other the other piece that I'll add is that the mixed-use visitor accommodation Is envisioned as part of the ocean street plan which was Which is an area plan the ocean street area plan osap is the acronym we use for that Which was a pretty extensive effort with that neighborhood a long ocean street to plan for Commercial uses along there and specifically for visitor accommodations because that's our main route in off the highway You know and connecting to the boardwalk. So there is There are a lot of sites that are already hotels and are and are Sized appropriately to be hotels and to be visitor accommodations Already in that corridor and given how wide the street width because the other thing to consider here is the street widths So yes mission street is a state highway It's the narrowest of the three corridors if you measure curve to curve So Building heights have a different effect on a narrow street versus a wider street. So that's The orange that you see along ocean street is really called for in that ocean street area plan Which um was an effort with that area with that neighborhood that is on both sides of ocean street So, I mean so those are those are my observations as a planner I wasn't involved in the decision making that came to this what I can tell you is that It was it involved a lot of community outreach and a lot of effort and um, and this is the maps that were Written and created as a result of that of all of the policy language that's included. So Director about there may be one and to respond to this as well. Uh, thank you mayor In addition to the parcel sizes and the street widths those were certainly considerations and very important ones that dictate where Building sizes can actually fit and the implications for the the feeling of the street We have done some analysis because we we heard that Loud and clear about, you know east side versus west side And so I can forward the council this information because i'm going to Give you a fair amount of information right now, but In our general plan the development capacity on the west side of the San Lorenzo Is Over 1700 dwelling units on the east side. It's about 1480 dwelling units Now if you take the downtown out of those calculations the number of west side residential units drops to approximately 1100 units and in early 2018 there was a project that was approved on Delaware Avenue for 248 residential units that weren't anticipated by the general plan. So that gets it up to around 1400 Dwelling units outside of the downtown on the west side, which Is comparable to the 1480 on the east side of the river. That's just one piece of the puzzle when you look at Commercial square footage on the west side of San Lorenzo roughly a hundred thousand square feet more office The east side actually is planned for roughly a hundred thousand square feet more and then back on the west side again The industrial square footage on the west side is planned for 357 thousand Whereas the east side is only 25,000 and we've actually entitled 400,000 square feet on that same Delaware project that I mentioned earlier on the west side So it's it's not as simple as looking at the map right here and saying that Oh, there are more colors on the right side and higher densities on the right side, which would be the east side in this photo And so there there is a lot of complexities to it and I just wanted to to raise that but Um The comments by sarah are absolutely correct just the configuration of the lots oftentimes dictates the the development capacity that can be accommodated on them Other questions. Thank you for that explanation the one other question I have so do these colors then represent properties that have where the property owners are interested in developing these types of Units or is it just that these are potential? Sites for development in the future Just trying to better understand. Yeah, because it seems like there's specific properties that have been identified right, so okay, so um Looking so it might be actually be more useful to look at this general plan map and it's Like messy so it's a little bit hard to really drill down here So this map represents as we're planning for the future. So as we were Doing this analysis, you know in like 2010 with the community where are we going to focus development potential between 2010 and 2030 and This is how we are going to focus our various land uses um This has I don't want to say it has no bearing on what the land owners want to do But that is not a primary driver of developing the policies that guide these maps So the parcels that are identified and Redesignated are not Redesignated based on any expressed interest from the property owners. I don't even we don't even know the property ownership Status of a lot of them. Um, you know some of the things that you see here that are missing You know this big empty space here along ocean. This is the county building So that's why it's not shown as Visitor commercial because that's not going to get redesignated. So that's why it's left out of the map um There are there are a couple a big existing, you know, this is where you know right aid and Whole foods are so they're already really heavily commercial and warrant envisioned to change at least during this You know to sort of 2010 ish time period through 2030 So the places that are redesignated um here are These are it's based on A variety of things as I've said community values And then looking at places where development is likely to happen based on how old the existing buildings are and how they're currently utilized So there's some analysis done about the value. That's already Are there properties that are sort of underutilized relative to like the current market? and typically As general plans are designated you would try to focus your redesignations on those areas that are likely to develop So that as new development happens You're getting the vision that you've articulated that your community has really um rallied around so that's sort of A little more background on that. Did I fully answer your question? Thank you Yeah, thank you for the presentation and the Laying out of options. It's helpful to Be refreshed on the history I did want to ask This is a question that kind of just is based upon Some of the feedback that you summarized in the agenda report that we received Related to the focus group And so In particular with respect to um You know what staff what should current staff know about the previous process and elements Of the previous effort that worked versus non-starters The first sentence says in response participants mentioned that in many ways the previous effort felt predetermined As if staff and consultants had made many decisions in advance of discussing the topic with the public so that sense of non-inclusion I think needs to be that's the reason that I Um brought this back to the agenda to ensure that there was More of an opportunity for The public to be involved and in particular neighbors So I guess neighbors on the east side those who would be most affected So not the developers who are looking at it and are smart about you know, how how to make this work and But the people who will be most impacted so Um, I guess I'm making a comment here But really I would just want to ask a question based upon your since you were not involved in that Previous process, you know, if you've thought at all about how you intend to proceed to try to avoid that in Whatever outreach is done based upon What the ever option we which way we choose to go? Is there any kind of Reaction to that? Sure. Yeah. No, that's definitely something we've been talking about in terms of You know really starting with why we're doing this effort because And not to cast any aspersions on my predecessors You know, I from everything I've seen they did a really fantastic staff work and I think that there's Always room for improvement around helping the community understand our processes and understand that you know, we did this general plan For seven years and we had a hundred community-wide meetings and we had really broad participation and We and we are trying to address climate change. We are trying to address our community green belt We're trying to address commute pressures. We're trying to address a growing student population. We're trying to address affordable housing and mobility and Economic growth we're trying to address all of those things and this is one little piece of of that broader vision And these are the maps that have that were adopted and so We are going to start typically we would anticipate this is you know general plan 2030 here. We are it's practically 2020 Typically you would start about five years before Your general plan is scheduled to like expire quote-unquote To you know restart that process and create a new vision and we will have that opportunity in five years And in the meantime what without zoning code All we have is uncertainty So we are obligated to allow the level of development capacity that's envisioned by this general plan The only parameters that are set in the general plan are a floor area ratio and a residential density So it doesn't make any comment on like the ratio between residential development and commercial development These are our commercial areas. We want to make sure we have commercial development. It's still viable in these places We want to talk about Design standards right so that As these as buildings are built Some handful of these buildings will might get developed in the next five years 10 years We want to have some certainty around how those are going to fit into the existing context There's going to be a fair amount of conversation discussion education both in both directions with the community around this it's That's definitely something that we're talking about. We want to make sure we understand the whole scope of concerns And we want to make sure we understand the whole scope of you know, the reality of the restraints that we're working within So that we can have a really informed and productive process with the community because I yeah, that is definitely on our radar Yeah, and I'd like to add, you know, we've talked a little bit about internally What happened with the last process, you know with us not being here We we didn't know and um, I think at least what I've settled on is that from a planning perspective The zoning ordinance update was simply an implementation Of the general plan which had gone through an extensive public outreach process So I can completely understand where the community Where these changes were happening might feel That they weren't heard and I can completely understand where the planners at the time thought that they were simply Implementing what was already in the document and there was a disconnect there in terms of Where we were at in the process and so I think the education piece is critically important Making sure that we're all on the same page, which was part of why we wanted to do this Preliminary kind of overview at the beginning. Here's the guiding document. Here's the vision. Here's the principles. We're working to implement that And making sure now that the state has said you have to do these You know if you want any control basically over your built form of housing you have to implement Objective standards making sure that as we're developing those we are working very closely with the community to make sure that we're talking about The colors the setbacks the materials all of the things that they're going to want to see for their neighborhood And so if the council does choose option one to move forward with we would Open up an extensive process with the community and whoever whatever consultant We were to hire to help us with that to make sure that We are implementing what the community vision is but helping them understand where it's coming from And we'll just one quick follow-up question related to the Development of objective standards. I mean, isn't that something that And I'm going to support it when it comes before us at the next agenda item That will want to do for the city writ large and so it's not really specifically about this The corridors or the that area of town, but Right so objective standards review and establishment will happen kind of independently of this process anyway. Yes, so um the Grant funding for the sp2 grant, which is the next item that you'll hear hear about shortly that's specific for creating objective standards for housing related projects. And so what we would be proposing is Anything that is a higher density than a single family home Would be what we would be looking at in terms of creating objective standards for so you're talking about lots of sections of sea bright Where you're seeing areas that are zoned as rl I believe any of this kind of orangish color with a primary focus obviously most immediately on the corridor on You know the corridors areas to you lack of a better term And then also Focusing secondarily on The higher density residential because those are the areas that we're going to Very likely see the most development on in the near future I have one last question. So, uh, is there a meeting sketch? I know save santa Cruz was not Um, did not participate in the meet the last meeting that you had the focus group right And I know that their concern was related to wanting to Wait until the to see the outcome of sp3 30. So is that is something happening now or is there a meeting schedule? We have a we have a second focus group scheduled for monday the 28th So we'll be meeting with save representatives of save santa Cruz as well as several other community reps Yeah Question Is uh, would they be the same community reps they're on this page, uh 12.9 Uh, I believe what you have there are the reps that attended the previous right focus group So we're in we're inviting new people. Oh, could you tell us who they are or what groups there? Um, sure so we're we're again inviting two representatives from the Corridor's advisory commission. We're inviting um, a represent another representative of a different transportation organization We're inviting another affordable housing developer. We've invited a business owner to this meeting And in addition to save santa Cruz, we've invited another group of neighbors from the east side Who's the transportation where it would um ecology action who invited a representative from them And um, are you asking us today? Uh in pursuing option one you're saying this council is going to um Uh approve 300 to 450 thousand dollars that would you're asking so the funding would be approved with the next item Um We're this is this is an estimate So we haven't done the whole scoping of exactly the contents of the item So we would have a firmer budget when we come back to with a rfp to release to you know Solicit a consultant. We would have a really specific budget, but it is tied together. Um, you know the the budget would be in that range And um the next item on your agenda with the sp2 grant would address at least a significant portion of that Right. So with the next item, um, we'd be suggesting or staff is recommending that um, you the emotion Direct us to apply for an sp2 grant for The objective standards in the amount of three hundred and ten thousand dollars. That's the max we can get for our community Based on our size and then um any delta between that and what the final cost would be Um would come from the long-range planning advanced planning team budget And if we found that we needed more than what we have in our budget We would come back at that time with a mid-year budget request adjustment And I'm still understanding why not pursue the other option two over option one What's the so At your council's discretion, we could launch into an amendment of the general plan You know part part of what we're responding to is the direction that really wanted this done by november of 2020 so You know the Timing and cost of that effort to update the general plan would be really significantly different. So that's that's the Balance that your council is going to need to strike Did you run this by the group that you met with that this is what you were going to you're planning on doing? Uh, no, we didn't we didn't discuss our recommendations with the focus group We wouldn't have had them yet because part of the recommendation came from the conversation that we had with the group And then we take that information back. We synthesize it. We compare notes and then move forward with coming forward with a recommendation for your council Does it say in the what was the council passed something about the general plan amendment? Um, what the motions the motion does not explicitly say that changes must be made to either document But it suggests that changes could be made to either or both documents The general plan or the zoning ordinance. Could you point that out which one it is like i'm not finding it There was there was five things. I think it's is it is the motion in the background number three Direct planning director is first to carry out discretion to meet promptly with representatives and other conegers terminated Agreement on possible changes to the general plan and zoning ordinance. Yes, um, but you're choosing not to do that What we are recommending Is that we make changes to the zoning ordinance? Um to implement the vision in our general plan given the context of sp330 um, that seems like the Responsible way to spend our time effort and money that said um, and we wanted to be responsive to the uh One of the other pieces of direction. I don't have it in front of me, but what's which was to come back to this meeting with policy uh recommendations and so since we didn't have an opportunity to meet with save santa crews um to Share any additional thoughts before this meeting. We're coming back with a recommendation as requested. Um, and if this council would Like us to go back and consult with the two groups again Before your decision that is entirely or prerogative. Um, but we were working to address Competing pieces of the direction as requested by this meeting I just last thing I'll say is um Do you or actually it's question. Um, do you have to have this motion passed before applying for the sp2 grant? I don't think so. No, because that's what I would know. Okay, because I'd prefer to get more input from those two groups, but Any other questions before we open it up to public comment, okay? We'll go ahead and open it up to public comment for any member of the community wanting to address us on this item And you'll have up to two minutes Good afternoon. My name is Aldo Joaquino I'm one of the members of the executive committee of um save santa crews And um, we first of all want to thank you for your action on august 27 Um to terminate the corridors plan and do no further work on this project to quote from your action um, and also um, the fact we want to thank you for setting out the objectives of what The further work should be which are to preserve and protect residential neighborhood areas And existing city businesses That's priority number one And priority number two is to encourage appropriate enhanced affordable housing So we are very pleased with that and we were a little shocked to To read in the otherwise acceptable staff report the recommendation to setting to concrete a particular option That's what brought us to the barricades in the first time We don't want to go and fight people who have made up their minds already The purpose of this community involvement effort is to discuss things first and come to conclusions later Not to conclude first And so we strongly recommend you that you do not adopt the proposed Option suggested by the staff or any options at this time. It's way too early We are Committed to working very hard on this. Well, we have appointed six members from the executive executive committee Of safe Santa Cruz. There are people with a wealth of experience talent and ingenuity and We are committed to do this in an expeditious manner We have a meeting scheduled with the staff For um, october for next monday october 28th Your time is up Are there any other members of the community who would like to address the council on this item? Seeing them, we'll go ahead and return it back to council. I actually have one question With the with the two options option two Is a Is recommended to be two to four years and then you suggested that within five years We'll begin the planning efforts around the next general plan amendment. So in the interim time There would not be any changes to the Clearly not any changes to the zoning or or any changes whatsoever because of the the state legislation But there wouldn't be any changes to the objective design standards either. Is that correct? unless council would like us to undertake two projects the Option two We would still need if The city if our council wants to have retain any control over what the built form will look like on residential properties moving forward We're going to you're going to want to Direct us to create objective standards It will it time is of the essence with that essentially because as of the beginning of next calendar year Unless we have something in place Any project that comes through they only have to meet what we already have in place right which which is pretty limited So very limited the objective standards that we have in in place For these mixed use designated parcels are we have a floor area ratio and we have a residential Density we don't have a height limit. We don't have setback standards. We don't have any design criteria No colors. No articulations. No materials. Those are all the types of things that If we we will have no more discretion as a as a jurisdiction unless we have them in writing in our code Okay Okay, okay. Thank you. Okay councilmember cron and then council member Myers and then brown and then that was Cynthia was before yeah, that was my sense too of uh, what uh, mr. Jekinos that I thought were you know It's a good staff report, but I think we're moving in a direction that is away from getting public input So I would make the motion of accepting the monthly report of the general plan and zoning ordinance reconciliation effort and to reconvene both zoning reconciliation focus groups and share this Materials with them and get you know input from the group and return next month to the council Okay, we have a motion by council member crone. Is there a second second second by vice mayor Cummings Okay, council member matthews meyers then brown I'm going to speak forcefully against that. We've heard that time is of the essence on this the and the staff explained to us the history of How of our general plan development? Which had a great deal of community input. I'm probably the only one around it remembers that and you know one of the difficulties of long complicated processes is People move on and forget the the chain but when you look at that general plan development and the degree of the diversity of Participants on the general plan committee the incredible number of community outreach Processes that were in place that led up to that Consensus unanimous adoption by the council at the time Certainly the economic Recession hit us big time, but then there were also as council member meyers mentioned state legislation with increasing awareness of climate change climate impact and the the real trend to housing The need to provide housing and here we have the state legislation just going into effect Underlying all of this is I think the the concern about what our community looks like and feels like to my mind, there there is such a need and Imperative to deal with housing mixed use projects are the wave of the future But the one thing that we won't have If we don't act on option one Is is really any meaningful? impact of The direction on design community design and that is what's so important to the community so I would much prefer that we give staff direction to pursue option one apply for the amount of funding that could reasonably cover the costs of doing the Objective standards without those we are just going to have to take what comes at us and we're not necessarily going to like it So I'd much prefer to have the the effort go in the in the short term to the objective standards that give us the Meaningful community input corridors throughout the city What do we want our development projects to look like there's nothing That forces any owner of a small parcel to do anything with it if they're happy with their Their structure their their use on that parcel they can continue that as long as they want But we do need a map that reflects community Standards on what it looks like and I think that will get us the kind of protection we want for Our our neighborhoods and also give us the kind of vitality along the the commercial corridors that we've talked about so I really think it's a mistake and and particularly the idea that this would only go back to a very small number of people when So much of what led to this point and so much of what the community imperative is is to really act on housing and act on community design Councilman Myers than council member brown Yeah, I'm struggling with the motion as well. Um I just have a question about the objective standards process. So I'm assuming Um That would be an extensive process uh with the community correct. Yes, so we would be hosting workshops Making sure that people were understanding both From a from a Perspective of what you know what could be done on their property currently but also, you know the aesthetics all the things that come along with that so It's a little bit of a dry term, but um, it sounds like basically One of the things that I know was in the corridors Work was a design review process, which I think has been something um or along those lines but you know being able to participate as a community in in Understanding what things are going to look like once they've been designed and so this objective standard sort of gets us to that to some extent it's not going to Get us um to the detail level, but it will give us a lot more Availability for people to become involved in in any proposal that might be in their neighborhood Whereas right now we really only have two standards and that's the flora or ratio and The density is that correct? So right so what this essentially would be would be so we would first off Recommend that we utilize the funding to bring on a expert in developing these type of objective standards We would work with them. Sarah would manage them from the ap team We would then do a series of you know once they've developed some some concepts and some ideas for us to kind of flesh out with the community Or I you know let me not speak to how the consultant will do their work But we will work very closely with the community to develop those and essentially that will be the That design review because once those are in place That's essentially the design review. So it wouldn't be an ongoing design review board but it would be the chance for the opportunity over the next 13 or so or the community over the next 13 or so months to Codify What that design expectation is for the community which could be amended in the future But that essentially every project that came in then would be Beholden to those colors materials setbacks Finistrations articulations glazing whatever it is that the community wants to codify In terms of those standards for every building that comes in in those particular zones So I would just request my colleagues that made the motion to to reconsider to to really look at the importance of my understanding in in some of the some of the Problems with the corridor was that People had felt they had lost their voice and really understanding what something would look like once it was in their neighborhood and so My understanding what you're describing and I assume architects and other folks who do this kind of design urban designers People like that would be part of this this group that you would hire So, um, I mean, I think this is an important step Towards what I understood from many community members That that I think we can we can do right now And uh, I just I would request that we I can't support the motion because um at this point I feel like this is a very important step We have a grant deadline. I believe And we have funding that could offset that cost At savings to the city And I just I uh, I I hope my colleagues would reconsider and and try to work on this together Actually, we have vice mayor Cummings, then I'll go to you. I thought I was next Oh, I'm sorry. Okay, so you can't swim around and then vice mayor Cummings. I have a follow-up clarifying question. Um, I'm hearing conflicting Time frames here because I'm hearing that these objective standards would need to be in place by January 1st of next year But I'm also hearing a 13 month time period Pending a grant application And so I'm a little bit confused about how if we don't do this today We're going to miss a deadline that we're going to miss anyway because we're going down this road for a longer process Yeah, very good question. Um, I had the same question when I read the sp2 grant staff report so So what what us what the housing crisis act of 2019 says is that starting on january 1st 2020 If we don't have Whatever objective design criteria we have are the only criteria we can apply to housing projects. So You know some places that's heightened setbacks and parking ratio For these mixed use areas. It's you know a development density and a floor area ratio And that's sort of all that it is For any given project when they apply The objective standards that apply to that project are whatever standards are in place in the code At the time that they submit their preliminary application So you are correct during the duration of time that it takes us to complete this process We won't have any objective design criteria as soon as it's done We will have objective design criteria in place and then anything that comes in after that will be subject to those criteria So it's not there's no way to have those in place by january 1 It will take some time it deserves to be some kind of a community process with a lot of involvement and there will be you know We will work as expeditiously as expeditiously as possible with the consultant team And we want to make sure we have really good community engagement and that we engage with the people who you know Live here use these places work here All that everyone kind of gets to participate in that yeah, and I think the reality is anytime the state changes the laws there is a Growing period growing pains, right because often it's a very quick turnaround, right? and I mean even just to do something like the adu ordinance it's Which is pretty clear in terms of what the changes are It's something that we are going to be getting in by the skin of our teeth Just because of the process that it takes first reading second planning commission first reading second reading, right? So the reality is it's unavoidable that there may be some projects that um get in before we're done and We should not let that deter us from acting with all due haste because the sooner we get started on this the sooner We'll have them in place Which will then be the sooner that the community will be able to regain control over the bill form Um, I had a follow-up question and I just lost it. Oh, uh, so and the with respect to uh, what I heard something about of a concern about This potentially impacting our ability to get funding But I also I think I heard you say that that's not the case that this that if we do not make this decision today if we wait for two weeks or until after or whenever at soon after Community groups have weighed in Will we be in danger of losing the potential for funding so the grant funding is due next month or the application is due next month. Um there is If we if the expectation is that um, we meet with the groups and we report back at the next council meeting um And then submit the grant That leaves a very little time for the grant writing. I don't know if this council is aware, but this is my last month with the city Um, I am leaving. I've accepted a position as the planning director with the town of hills hillsboro, california So um, thank you So, um in terms of resources just when we're talking just practically, um There may not be a body to write that my goal was to get the grant done and submitted before I left Um, now you do not necessarily have to apply for the grant and that is entirely up to the council If that is not something that you want to apply for Um, but the reality is is that to meet with the the group to be able to get a staff report together To come back to have this council make a decision and get a grant application in is a almost impossible feat Can I just ask a clarifying question because what I'm what I'm trying to get to understand is if You are precluded from developing a grant proposal for objective design standards for the city Without the decision making the decision about specifically the corridors and how to proceed with the corridors today I don't think so. No the way the grant application is worded that it would apply to all um, you know housing projects. So Thank you. Yeah, you could do that. You could do that without that by smear comings and then council For clarification. What is the timeline around Around the um creating the objective standards so Like around a year Little probably a little bit over a year. Honestly if we were if we were in contract right away. Yeah, our aim is to meet the november 2020 Expected timeline that was in the motion that would be the goal Now that would be a little bit of a reach Oh, yeah, definitely is going to be a reach and we wouldn't be able to commit to that until we you know To an actual date until we have Confirmation that we've received the grant number one and number two that we have Somebody under contract because they're going to really tell us Given what we want them to do what a reasonable timeline is but we would really push to have it done in 12 to 13 months And would these objective standards come back to council for a final approval? Yes Yes, they would be an amendment to our zoning ordinance, which is a legislative action So they would receive a recommendation from the planning commission and then come to your council for final adoption So if I understand correctly, there's an opportunity to meet with For example, save sankers some of these other groups who haven't had a chance to weigh in They can then weigh in during that process And then the final recommendations are going to come back to us Next year sometime Assuming that council has directed us To go ahead and pursue the sp2 grant for the objective design standards And and just to answer your other question about process I mean this the community would be involved We wouldn't be limiting ourselves to groups who were involved with the fire effort which currently for our focus groups We've been limiting our scope to just people who were involved that we've been able to find correspondence in the record, right? so I think there are a lot of people that are really interested I get you know an email Every other week or so from someone who wants to be involved, but They weren't involved previously and so I have not included them as of yet I think there are a lot of groups that weren't maybe represented in the fire effort that would want to be involved Deserved to be involved and so yes, there would be a broad community outreach safe Santa Cruz I would assume have be heavily involved. We would certainly reach out to them among other constituents to be participants in this process and And really guide it, you know What are the important features that we want to address in here? And what are the objective standards that are the most important to codify and to be clear? Should the council direct staff to pursue option one that doesn't preclude The city council from moving forward on other options related to the corridors not corridors There are reconciliation, right? However, what this does is it sets in motion The ability to start to provide certainty for the community in terms of the built form As quickly as possible And then if I heard correctly earlier you all are meeting with safe Santa Cruz and some other folks on the 28th Yes on Monday, we have a second focus group pulled together. Yeah, I'm going to withdraw my second Council member come It sounds it sounds to me that she can do the grant she can start the grant She doesn't have to wait till after that meeting like I don't believe right. Is that is that true? That is correct if I get the direct if we get the direction from council and all look I would like these groups to input into this process they're talking about and I don't feel like they're given that Have had that chance to do that. That's that's why I'm Thinking that this is the motion to go forward with and then come back to The council at our next meeting I'll second it to so we can continue this conversation because I'm quite interested in we want to call the question Okay, so we have a second by council member brown with draw by vice mayor coming Call the question motion by council member matthews. Is there a second to the call the question? Second seconded by council member mires a vote to call the question all those in favor. Please say aye. Hi any opposed no That passes with council member Matthews vice mayor Cummings mires and myself all those in favor of the motion on the floor the motion on the floor is The original motion by council member crone now seconded by council member brown Statement of that do you want to restate your motion or do you want to state the motion that you have in the record? But I captured if not, okay, would that be more My motion is to accept the monthly report on the general plan and zoning ordinance reconciliation effort And to reconvene both zoning reconciliation focus groups and Share the information that the materials that we have before us with those groups and return to council with the report back Next month and I might add also just that it doesn't mean that we can't pursue the grant That is our next item. Um in the meantime, okay So all those in favor of the motion. No, we can't discuss the motion as my understanding. Is that correct? That's correct. There's been a motion Adopted to call the question. Okay, please say aye I Opposed no that fails with council member matthews vice mayor Cummings myself and council member mires voting Against and council for crown glover and brown voting for Okay, well that moves us on then to the next item. I know Oh, sorry Okay, forgive me, okay council member matthews and then I'd like to move that we accept the monthly report on the general plan and zoning ordinance reconciliation effort and given the imperatives of Time and Cost that we direct staff to move forward with the Option one which is establishing mixed-use zoning districts concurrently with development of objective design standards for housing projects We have a motion by council member matthews. It's second and seconded by council member mires And I will add to that that they fully engage the focus groups currently established and embark on a Very broad public outreach process Except those Question I ask one clarifying question. So as we had met with these As we'd had these meetings we had not envisioned that we were creating a group Like at this point we were just intending them to be focus groups to sort of like Initiate this process and I'm hearing some kind of conflicting direction about what the role of those folks We've already invited is meant to be No Mine well, do you want to say? I'd like to speak to that. There's a meeting already set up apparently honor that meeting But um, I think this defines the direction of the council and we understand that the entire Uh design standard process objective design standard process would be a very broad process into the future Okay, so it's vice mayor coming from then council member brown my my understanding from that is that that's somewhat will Cover what I feel that council member crone was trying to get across which is Taking what's been recommended in this report going to the groups having discussions with them because ultimately My sense is that some folks felt like during the first process They're what they were hoping would come out of these design standards within that corridor plan Was absent and this is an opportunity for those groups to be able to weigh in at this meeting To continue to weigh in and then for other groups within the community to weigh in so that we can get these objective standards as quickly as possible Absolutely Okay, council member brown I just want to remind my colleagues that the original motion was not to conduct focus groups I've kind of accepted that that is the direction that staff went the the motion was to meet with these representatives to discuss um how to proceed with um Reconciling the general plan with the zoning and that is not what's happening Um, and so I'm I'm concerned. I'm disappointed that we are Now in a situation where we will vote to move ahead with something that we're already going to vote to move ahead on at the next agenda item without Hearing from the folks who we in the original motion suggested we'd like to hear more from And they wanted to be involved in so I'm just gonna say I'm disappointed with that My understanding is that that is what's gonna happen is that there will be meetings With these groups and many and many more council member But in the motion is are we always you're saying option one is what you're gonna pursue? Yes, but why why do that what maybe option two is better and that's the I don't think that our focus groups or our people who are on these committees had gotten this information I would love to hear from them before we go out and spend money, which is the better Way to go and maybe they have an option three And we heard from save santa Cruz was here and said, you know, don't do this is what I heard The man the person from the executive committee say, okay. Yeah, if I may address that um to council member brown's point, um We did Everything we could to encourage save santa Cruz to attend the first meeting they opted not to attend That was their choice. That was their prerogative Also since the making of the motion state law has changed significantly there are new elements new There's new information that we have to be responsive to Again option one does not preclude Us from meeting with the save santa Cruz group It does not preclude us from continuing to meet with other groups If new information comes to light that does not preclude council from Reassessing their approach and taking a different tact that said at this point the most expeditious point moving forward Is to apply for the grant funds and move forward with development of these objective standards if we do not Act with haste the city will end up in a situation where we have no control over the built form and frankly From my previous experience in other jurisdictions buildings will be value engineered to the ground You will you will not enjoy the built form I would strongly encourage azure advisor to please move forward with Directing staff to develop the objective standards We will meet with the community. We will continue to have conversations with them and the council can then we will We're reporting back on a monthly basis on the conversations and on the progress at any time council can Modify that direction, but today time is of the essence. It is imperative that we move forward on the objective standards Well, I follow your logic, so okay I'm just trying to understand how are we moving forward on the on the objective standards You apply for a grant you meet with a couple groups again You share the information see if they have anything to input onto into this process Then it comes back to the council on november 12th. Yeah, well not november 12th We will not be able to be back november 12 for planning on coming back on the 26th For our next report for our next monthly report. So yes, we will be meeting with those groups However, we need to go ahead and apply for this grant And that's fine. That is fine applying for the grant. I support totally support that Okay, so so let me if I could i'm sorry I apologize for my density here. I don't want to make sure that we're being responsive to direction and I feel like Um Feelings in the room are indicating to me that we haven't followed direction So I want to be absolutely crystal clear on this. So when you say in the motion that you want us to meet with Groups local groups. I took that to be like a one-off meeting Were you intending for that to be more of a committee that we would establish a committee group of Some kind that we would meet with repeatedly. I just No, the intention was to meet with say sienna crews and other neighborhood groups, right to My understanding is many of the folks who came to the last meeting were not east side neighbors But i'm going to let that go to meet with save sienna crews and other neighborhood groups to discuss these changes If that took more than one meeting Then it could take more than one meeting the intention was not to set up a committee an ongoing committee of any sort I see. I believe vice-man Cummings wanted to speak to me. I think It is that there's already a meeting set up to meet with them like and If It turns out there's a need for more which I would expect that throughout designing this entire process There's going to be as I've heard you all mention Meetings with a lot of other community groups to understand. You know, what do they want within the community? right and The other thing that I heard from this is that there's two options. One's a general plan. One's um Creating these objective standards To make adjustments to the general plan that's going to take a lot longer Right in terms of being able to get these objective standards and if it's two to four years, for example, then any um Any developments that come in during that time? They'll only have to meet our minimum objective standards which have been adopted by the city So currently what we're trying to do is get some objective standards input from the community groups so that As developments come on board that we have some control over What those standards are going to be and then if from these meetings that you all have with the community It turns out there's another direction. We want to take we can change course at the time Absolutely, but currently we need to get some objective standards because it's absolutely currently a minimum Sure I just want to say to my colleagues that You know One of the things that I heard when meeting with Community groups during the campaign was the fact that there were certain developments that were coming in That did not meet any standards of what some of these community groups wanted And as a result there was a lot of pushback against what those developments are going to look like Now with the passing of sp 30 which wasn't in place back then When january 1st hits some of these developments that may not have any Look field design that is compatible with those neighborhoods will be able to go forward Until we get some objective standards put in place And so if that is going to if we're going to have to wait for a general plan amendment that might take multiple years That means that's the that time period when we won't have any control over the standards. So I really, you know Encourage the staff to engage with the neighbors so that we understand what their needs are and we can continue to Meet those needs, but I think that the longer we wait on this it's a concern because um We just that's more time that we don't have control Okay, councilmember clever and then councilor mayers and councilor crone Thank you. I just have to make an observation right now about the tone of this conversation It's really making me uncomfortable. Um, especially in the back and forth between the staff and the council members Uh, I believe that We're in the situation right now because of a failure initially whether it be of the previous council or staff or a combination of both To do the robust outreach necessary to make sure that people in the community felt like their voices were taken to consideration So while I can understand the frustration potentially felt by Certain members of the people up here You know and it's weird because I don't know can I say members of staff because Of the way that that energy is coming back here in response to the questions that are being asked Also councilmember brown and councilmember crone are obviously making it very clear that they have an interest and concern About the lack of community input and the steps take to get there So I think that we should be able to have an open and honest robust conversation of Challenging each other but not having this aggressive tone and hitting hands on the table Which we saw from some of the other colleagues up here the other day and a completely inappropriate outburst So I really I understand the importance of the Uh, the community engagement even in the the list there. I mean how many people of color are on that list in the community Uh outreach group that you participated in I know a lot of the names on that list and to my my personal knowledge I don't see very many if any people of color on that list with regards to the impact of having it on community So there is a severe lack of community engagement There has been a severe lack of development of affordable housing and in my opinion a lack of proactive movement towards community engagement effectively so I Well, whichever direction the council goes. I just want to put it on the record that this exchange and interaction I think it was incredibly inappropriate Okay, let's go ahead and we'll go ahead and take the vote. We have a motion by councilmember matthew seconded by Councilmember mires all those in favor, please say aye. Aye. Any opposed? So that passes with councilmember matthew's vice mayor Cummings myself and mires voting in support chrome glover and brown voting against Okay, so that moves us right along then to our next item, which is sp To state planning grant application item number 13 in our general business agenda And I believe you will item Okay, based on the conversation we just had I'm hopeful that this will be relatively quick All right So a little bit of background in 2017 the building homes and jobs act, which is known as sp2 mandated a 75 dollar recording fee on real estate documents And that is to be a permanent source of funding to increase affordable housing stock in the state So the planning plan plan excuse me planning grant program Indicates that 50% of the that revenue that's collected in the first years to be used for planning grants And those are grants intended to help jurisdictions update their policy documents to expedite facilitate expedite housing They are available on a non competitive basis to eligible jurisdictions And those are jurisdictions essentially that have been regularly reporting to hcd and have a housing element that is current and Basically, they're meeting their hcd objectives We are one of those so we are encouraging council to direct us to apply the funding amount is based on population And for the city of santa cruz, we're eligible for up to $310,000 and reverse reimbursable grant funding So the important thing to note is that it is reimbursable So we would outlay the funds initially and then recoup I think on a quarterly basis is generally for these type of grants when you report And applications are due next month So we have two options here for you. Um, the first is a expanded updates to the downtown plan The pros of this is that it's called for in the 2030 general plan to either or expand the downtown plan boundaries to up to River street up to highway one And or to incorporate beach south of laurel area into the downtown plan This could facilitate housing development. So it could be a potential win for this grant The cons are that it's not one of the five priority policy areas in the grant And so what those are in the grant are five types of applications that you could put in that are automatically going to be approved This does not fall into one of those what that means is that it makes the grant Harder to write because we have to do justification of why we believe this meets the priority policy areas Whereas something like the objective standards, which we'll discuss shortly Already qualified that is listed as one of the five types of projects. You can do that get automatic approval Additionally, since it's not a ppa the award would not be guaranteed while they're non competitive They do have to meet those certain requirements of demonstrating that you're Promoting and expediting housing development The other con is that unlike the objective standards. This project is not time sensitive Option two that we're presenting to you. This is Steph's recommended option. Um, oh That should not say that at the top you can tell I cut and paste it a slide Option two is a development of objective design standards. So please forgive that error The pros are that Development of these standards as we discussed with the last item allow city to retain some control in light of the housing crisis act of 2019 It will provide certainty to the community on final design and This particular Application type is identified as a ppa, which means it will get automatic approval Staff doesn't have to do any additional justification as to why we think it meets the standards The state has already said if you do objective design standards, you automatically get the grant So I see no cons staff sees no cons to this particular one So the fiscal implications The option one my estimates based on previous experience with similar types of projects Would be in the range of 250 000 to 500 000 option two would be somewhere between three to 350 to 400 000 Um, so again, we would be required to provide the funding upfront be reimbursed And if the if the costs went above the 310 we would be responsible for Providing the delta, but there is no match required for this grant. So that's another thing the grant is amazing It's it's what they call over the counter and as long as you have a current housing element You've been reporting to hdd every year and you're going to be expediting housing You you have the money. So it's a really great opportunity So the recommendation by staff is by motion to direct us to submit an application to hdd for sb2 planning grant In support of option one development of objective design standards And you can tell I was doing this quickly because we have two ones number two Would be to adopt the authorizing resolution indicating council support for the sb2 planning grant application And that is one of the things that is required by the grant is that council adopts an authorizing resolution Supporting us applying for the grant. So with that, I will uh, insert any questions that you have any questions Questions could you go back to that last slide? Option one was the expanded updates to the downtown plan. So I just want to be Clear on what Jiminy Christmas. Yes, you can tell I literally put this together like half an hour before this meeting. Yes I am so sorry guys option two development of objective design standards. Yes any other questions Any member of the community wanting to address the council on this item? Okay, seeing them. We'll go ahead and return back for action and deliberation Before we do I just want to say Sarah, you know, congratulations and thank you for Your professionalism your integrity and your hard work on behalf of the city of Santa Cruz. I hope that Hillsboro Knows how lucky they are and I hope you're received by that community with respect and are able to do the good work that you've done here There thank you, and your jacket is just awesome Thank you to be said And I appreciate that and I realized that I did get passionate on the last item It is something that is of great importance to me and I felt that the time is now to be very candid and very direct I can be very animated and yes, I did pound on the table, but that is That's the passion behind it. I care very deeply for this community And I I am very hopeful that the community is able to find a way to come together and to Continue to move forward and be the continue to be the great community that it is because this was not a decision That was made easily and I'm Sad to go So thank you very much Okay, councilmember brown vice mayor Cummings and then council Yeah, um I I want to add that Especially about the jacket, but no, you know, I I really appreciate your work and I In no way by You know wanting and advocating for neighborhood involvement in these conversations Am I suggesting that you don't have those or any of our staff don't have those interests at heart? So I want to just clarify that and thank you for your Your work for us And then I'll just move that we adopt a resolution directing staff To submit an application to the state of california's sp2 planning grant program second Okay, we have a motion by councilmember brown second All those in favor or and it includes all that necessarily Includes a recommendation, please. Okay. All those in favor, please say aye. Aye. Any opposed? Okay, that passes unanimously. Let's take a five minute break before the next meeting Oh, did you have a relationship to this item? Uh in conversational was going on and in in this I would uh I would like to just encourage us to have Uniform expectations and I can appreciate Passion in what's going on and caring about the community. Absolutely at the same time I know that I have received incredible Criticism for being just as if not less passionate about specific issues So I want to put it on the record so that we can be conscious about how we perceive and interact with people On this dais and criticize their behavior. Thank you Okay, we'll take a five minute break Okay We'll go ahead and reconvene our meeting and next on our Agenda under general business is item number 14 on our agenda And that's the introduction of ordinance amending building regulations contained in title 18 Of the santa cruz municipal code and adopting the california code of regulations title 24 2019 building standards code to establish minimum requirements to safeguard Public health life safety and general welfare. That's a mouthful And we'll go ahead and invite up our presenters or we have them here seated and uh, I'll hand it over to our uh planning director lea bowler Thank you mayor and council members lea bowler director of planning and community development And with me today is john mclucus. He is our interim deaf and building official And our building and safety team Does a lot of things that make this community safe our building official sometimes says if nothing happens We've done our job. So when earthquakes happen This team is making sure that the buildings stand up if there's a fire or other emergency They're making sure that they're constructed in a manner such that people can escape out of the building or that are talented and dedicated rescue workers can get into that building and rescue people They also do things like accessibility and making sure that people of different abilities have the opportunity to Get into and to move around in and to access all of our structures. And so They look at plumbing electrical mechanical structural and green building and every three years the state updates those codes and I'm going to turn it over to john To talk about the updates that have occurred over this year that would take effect on January 1st of 2020 and then i'll jump back in to address some reach codes When john is concluded Thank you. Mayor Watkins council members. Thanks for having us So we're introducing an ordinance to amend the municipal code title 18, which is our local building code And it is to adopt the state mandated mandated 2019 california building standards codes Title 24. It's also known as and those codes become effective January 1st 2020 As least said we do this every three years. So we're a little rusty The trail these these codes are based on National model codes which again have a three-year cycle the california codes Always follow like a year later because it takes them that that long to have their own public hearings And go through their own code process to come up with the california codes The code is published in july prior to the application the data becomes Valid and so it really allows us a short time for review Both reviewing the the code that we've got now and seeing what the new codes how they impact that And how we have to kind of meld everything together So we've gone through and reviewed the municipal code title 18 to reflect the new state codes And also to maintain consistency with regional modifications that have been made to those codes based on seismic design requirements in our region So Most of this most of this work is just updating the the code edition for one year to the you know to the Year that you're you know, you're in adopting There's a lot of cleanup Dining eyes and crossing teas and then we also adopt some modifications based on regional consensus between the local building officials in the bay area region Um Some of these things that we we modify from the from the california codes have to do with uh requiring foundations be reinforced for seismic and Previously we had We had disallowed certain types of bracing systems for for buildings based on kind of their failure rate in in past earthquakes We are actually introducing a new bracing system that we had disallowed in the past, which was the Portland cement or stucco system in one-story buildings Any modifications we make has to be justified to the building safety a building standards commission based on our local climatic geologic or Topographic factors and can only be more restrictive than the state codes are based on We've also uh in this In this ordinance adopted four new appendices now appendices are parts of the code that are Not mandatory but can be adopted by local ordinance to be as as part of the code and the ones that we have adopted at this time is The residential code appendix k Which is regarding sound transmission between multifamily dwellings This is a standard that's been In the code for all map multifamily dwellings except for two family dwellings Ever since the Ever since the residential code was split off from the from the building code itself And we're basically just restoring that Requirement to apply to duplexes The second one is again in the residential code appendix q Which applies to tiny houses? this is a new a new appendix and it what it deals with Dwellings that are 400 square feet or less and it provides for Reduced ceiling height requirements as well as Some direction on Sleeping lofts which are which is a little more advantageous than what's in the code right now The third appendix is Again in the residential code the swimming pool safety act This is basically just a recitation of whatever what is is actually just state state code right now And the only reason we adopted it is because we need to align our local modifications regarding swimming pool barriers With that act The last appendix is from the the california billing code and that appendix o is also a new New appendix and this applies to emergency housing Which are basically What we read to be kind of bridge housing developments. They give you some standards It's kind of a blueprint for what these might be They say, you know how and what they don't tell you where to put them Um So the purpose of this ordinance adoption is to comply with the state mandate Assuring that the most recent standards are part of our local building codes We encourage you to approve the ordinance to preserve the health life and safety standards for a built environment And protect our community I'll take any questions And if I could add just one thing Um Back in august when we were talking about the advanced planning divisions work plan The council had an inquiry about reach codes related to building electrification And we said we would do some research and be prepared to answer some questions For the council um today We did not get any formal direction from the council in respect to pursuing a building electrification reach code and so The update that we have today is that the Monterey Bay community power is developing Standards that could be used for the entire region and the the benefit of waiting on that is we can coordinate with them they will do some of the legwork and We can have our say but also If other jurisdictions in the surrounding area adopt those same standards If someone's building in the county and there's someone or they're building here or capitol or scott's valley They would have those same standards applicable. So there is some benefit to having that regional standard And should the council want us to pursue that we would request that you provide that direction today And we would also Just give you an update on the timeline of that. We expect roughly Six months until they Have those standards developed and that would put us sometime mid-year Of next year in coming back to The council which also gives our team some time to digest and train and learn about the new codes And we do have Some of our our technical experts dr. Tiffany wise west as well as uh curr hurley here in the audience Should council have any technical questions related to the building electrification reach codes Thank you for finding that opportunity for potential alignment I'm interested in that so when the time comes we'll look at some language for the motion. Great Is there any questions from the council for staff at this time? Is there any member of the community who wants to address the council on this item? Seeing then we'll go ahead and return back to council for action. Um, council member matthews by smear comings Um, I will put the motion on the floor as recommended To introduce for publication the ordinances as described And uh direct that the staff return I guess the the language would be when the timing is appropriate Regarding the reach code Modification is that following the Monterey bay community power? Yeah, that's what I mean development of the reach code So I'll put that motion on the floor. I'll second. Okay. I'll second the motion by smear comings I was gonna make a motion too Yeah, I I pleased to Be able to support this motion as well. I um, I do want to raise and I think it's probably Happening, but I maybe it's a more of a question related to the potential with the reach codes to Leverage funding through Monterey bay community power. I know that they're working to Create opportunities and as a the city representative that mbc board. I'm you know kind of following along with what the work that they're doing so um, just want to If tiffani since you're here, I'd love to hear just a little bit from you about that and anything else you want to Say before we move ahead. Sure. Good afternoon council members may are tiffani wise west sustainability and climate action manager So Monterey bay community power has come out with their electrification strategic plan Which does call for some incentives, particularly around new affordable housing Incentives for electrification and so that's something that I'm in constant communication with them about and how that exactly will look when it comes out as director Butler said that we're expecting that probably no earlier than six months four to six months approximately And I do think that that will Assist developers in transitioning over to this style of development Which for our region is truly the next transformational emissions reduction mechanism To in order to allow us to reach our share of the state's 2045 carbon neutrality goal And of course as we go forward with our climate action planning We could adopt an earlier goal to that but that will certainly be a primary mechanism Monterey bay community power itself was the first transformational mechanism to allow us to achieve our 2020 greenhouse gas emissions goals and this will be the next I just want to thank you for your work to Follow along with that process and um all of your work I know this has been something that we've talked about before and it's been it's a long time Not a lot. It seems like a long time coming, but I know you've been doing work along the way So thank you for thank you helping us move forward Any other comments, okay all those in favor, please say aye. Aye. Any opposed. Okay. That passes unanimously. Thank you Okay next item on our agenda is item number 15 Which is the adoption of findings for modification of the 2019 edition of the california fire code and fire code standards Including annual supplements and state amendments in erota Welcome Afternoon mayor walk-ins council. My name is rob odi. I'm division chief the fire department fire prevention This is tim shield's deputy fire marshal um Very similar to the building department. They stole my thunder So I won't bore you with all the details, but the process is very similar in terms of how Um california fire code is developed. It too comes from international code council national fire code and then the state goes through And very similar to building. It's all based on You know research and development that occurs throughout code cycles where safety concerns are highlighted and addressed obviously all These codes are there for the safety and protection of the public as well as the responders as well Um, so of course the reason that they're there is something did happen. And so I needed to be addressed um as a result We were proposing to adopt the 2019 california fire code edition with their amendments again, it's a three-year cycle over the last nine to 12 months um Myself and deputy fire marshal shields have worked with the santa coups county fire prevention officers to collectively prepare the ordinance um This is also in conjunction with the santa coups county fire chiefs cooperation And the effort was made or it's we recognized that Regulatory consistency between the various fire agencies in the county Minimizes confusion and lessens the impact on the public So again over the last nine to 12 months this group has worked together to bring you what we have today Um and their proposals. I just like to highlight A few of the major changes that we've made or at least suggested First in chapter three of the fire code under 19 of the santa coups municipal code There's an update for the violation of deliberate or negligent burning in open spaces currently it's an infraction and difficult for us to achieve You know any type of Just basically it was difficult with the infraction It carried little weight and dissuading and preventing these types of burning activities The other option that we had was to enter into the penal code And had this be a felony and we found that that was maybe too draconian too drastic And where the infraction obviously wasn't getting us uh what we needed in terms of providing safety for the community So we worked with the city attorney's office and bringing um the possibility of having it be a misdemeanor and um basically This allows the potential for fire code officials to have the ability to evaluate And determine the cause the intent and the severity of the situation and enforce the ordinance with sound judgment Which hopefully will prevent catastrophic wildfire event that threatens the city's open spaces And the residents who live adjacent to these sensitive areas And of course despite the issuing from the fire code official themselves the decision Was obviously deferred to the city attorney, which will have final authority on deciding the final outcome Should it go that route The next major change Is chapter 39 of the fire code And due to the rapid increase in the cannabis industry And the recent events over the last couple of years with uh, honey oil labs in the city With these businesses Coming into the city We the california fire code addresses the plant processing and extraction facilities So we've added a section that requires the extraction gas detection equipment in these labs To activate the building's fire alarm system if the gas levels exceed 25 percent of the lower explosive limit And again, that's just uh for safety of People that work in these facilities the responders and the people that live in the areas that work in the areas around these facilities The next major change In light of the devastating wildfires throughout the state in both in the past and currently We've wanted the state has adopted chapter 49 Which provides for minimum standards to increase the ability of a structure to resist flame intrusion Or burning embers during a wildfire for areas identified as wild urban interface or the wooey Which have been determined by fire code officials Within these areas Good construction requirements that are identified in the california building code chapter 7a california residential code Construction r337 And california reference standards code chapter 12 through 7a Apply to all new construction in these areas And all new materials that are used for additions and remodels in uh for homes in these areas So those are kind of the three major changes that we've proposed And so in summary the fire department is recommending that the city council adopt the 2019 california fire code as submitted for the attached ordinance And with that if you guys have any questions be happy to answer them for you Thank you for the summary any questions from the council at this time Any oh do you have a question just a quick one you mentioned it's on our page 15.2 Bolstering vegetation management. Can you just talk about that a little bit? Yes, that falls under the chapter 49 as well. So in conjunction with public education Community organization through like the firewise program that we have with various neighborhoods in the city And as well as enforcing codes vegetation management is a huge part of that and what the code actually Sites is it gives us within those areas recommendations that residents Can sort of again mitigate hazards around their home Those areas are defined as zero to five feet five to 30 feet and 100 feet and it gives them recommendations on how to trim grass shrubs and trees around their homes So those are advisory is that correct it will be enforceable And that will be on On privately owned and yes By any currently the city has a weed abatement program for vacant locks But this expands that a little bit into the wui areas where we can actually enforce these Mitigation efforts within those regions specifically into the wildland interface And does it impose additional expectations on the city itself? That's just a question. It may increase our inspection. So the inspectors may need to go out and Do periodic checks to make sure that they're complying but in terms of cost Of what we've done along the upper part of the dilavia. That's all part of the effort. It's similar Yes, but that was like on us to do the this will be on the residents themselves or the property Or both yes, and we are getting a lot of grants to yeah, we're working with you know, very fire safe council Cal fire for different grant funding for these projects and what these do is allow us To develop those community groups like fire wise where we're Along with them doing the work in their neighborhoods to fortify their homes and prevent the spread of fire We're doing the same work. So it definitely works in concert with each other Very important work Question comes right over. Yeah, thanks. Thanks for the the presentation y'all Fire safety is incredibly important, especially with Climate change and all that stuff that we've been dealing with Just wanted to get some clarification under the area that talks about negligent burning From an infraction to a misdemeanor specifically citing the number of fires 150 open space fires within the last 18 months all being human caused In your opinion, I just for the record that Were those human caused ones predominantly from people that were living outdoors? That all the data that was collected was by way of our reporting system And there's a new app that we use where when we go out and respond Regardless of who the person was they may or may not be on the scene still We're just documenting the cause and the origin and that typically is out in those open spaces Okay. Yeah, just because my concern with that shift from an infraction to a misdemeanor Since we do have inadequate shelter service and especially as we enter into the winter months where there may hopefully Be rain right but just in case of there's not and people are trying to keep themselves wars potentially in open spaces the impact of their criminal record if they Neggently or unintentionally Start a fire because they're trying to either cook or stay warm because of a lack of access to services And then the impact that could have on them not only financially but also and potentially becoming incarcerated if It gets charged to the certain level of severity. I'm not yeah, I understand your concern Which is why currently you have either infraction or at times we've gone down the the felony route Which has obviously has much more of an impact on those individuals So with that we tried to find some middle ground and we feel as though again It's just another step in that ladder But also the big point big part of it is is that we're really looking at the cause and the intent just with like any felony arson we're looking for intent and so this would be if it's accidental if it has to be something where again The circumstances were such that it was accidental not intentional or not repeated behavior. That is a threat Again, the fire code official Would definitely take all that into consideration prior to issuing that Including the time of year. So, you know, it's not going to be as impactful in the winter when there is rain versus You know in the next couple days where we have low humidity high wind event and heat Thank you. I just wanted to make sure that we at least set it out loud so that we could provide some sense of Comfort for people. Yeah, and we were sensitive to that and just trying to find some middle ground That would sort of be beneficial to both sides of that And then ideally figuring out ways so that people don't have to use open flames to stay warm in public spaces Which is the ultimate fire safety go, right? Yeah, absolutely Unless there's no further questions. Is there any member of the community wanting to speak to us on this item? Seeing them, we'll go ahead and return back for council action I'll move the staff recommendation second We have a motion by vice mayor Cummings seconded by council mark lever any further discussion Okay, all those in favor, please say aye. All right. Any opposed? That passes unanimously. Thank you very much. Thank you. Thank you for your time Thank you for your work. Thank you And next on our agenda is item number 16 and that's the resolution calling an election to be held on march 3rd 2020 and We'll go ahead and oh is this mr. Kandadi introducing it Yes, I will introduce this item Um The item before you is a proposed amendment to the city charter relating to public works construction And this item originated um several months ago in discussions That my office was having with the water department, which as you know Has several really huge infrastructure projects coming down the pike that are anticipated to be Um awarded and constructed within the next several years. So there's a very long term View here towards getting ready to do a lot of major infrastructure projects Um, the proposal is an amendment to the charter I'm going to do this slide presentation in reverse Um, that's too far Currently under the city charter And there's a red line draft in your agenda packet It states that any public works Or improvements costing more than such amount as may be prescribed by ordinance shall be executed by contract And That all such contracts shall be awarded to the lowest responsible bidder after public notice and competition And the lowest responsible bidder is a term of art in the construction industry and it implies That the contract will be awarded under the traditional design bid build method that you're accustomed to seeing when The staff comes to you with either a request to approve plans and specs and authorize that a project go out to bid Or to award a contract that has been Put out to bid and the way that process works is that A team consisting of engineers and architects and designers will design the project and prepare project plans and specifications for it And then when the project Design is approved then it will be advertised for bids and construction companies will come in and bid on the project And under the the current law So long as a construction contractor is qualified to submit a bid And the bid conforms to all of the plans and specifications Then the city is obligated to award the contract to the lowest bidder In in recent years a lot of different jurisdictions state entities cities other public agencies have been looking to What are called alternative project delivery methods and the most common example of those is the design build method And the design build method essentially entails Putting out a request for proposals from qualified design build entities And those typically will get together and include architects engineers designers and construction firms And once a and a preliminary design is done and once that um request for qualifications is sent out then the uh, then the the city in this case would Send out a request for proposals to the entities that it determines Meet the qualifications to do the project. So it's um, and then Uh, the request for proposals will more explicitly set out what the basically the primary objective of the project is And some very preliminary design and engineering work And then we'll accept proposals from the different design build entities Then the city will take those rank the proposals on the basis of the most qualified The cost certainly the timeline proposed for construction And in a design build contract the maximum guaranteed price for the contract And what has been Observed in these types of projects Is that oftentimes they result in a lower cost in a better product and in a faster delivery because it's done in one Phase as opposed to the design the bid and the build phase So the recommendation here Is that we amend the charter to authorize the city to award construction contracts Um, based on these alternative design Alternative project delivery methods Uh, if it's approved by the voters then that will provide us with additional Flexibility in approaching some of the more complex and larger Public works projects that will be coming before you It will ensure that all of our existing contracting standards like prevailing wage and reaching out to Uh minority owned businesses and women owned businesses and all of our other policies are adhered to But just in a different, um delivery package I see Heidi and marker here and I'm sure we'll be happy to weigh in if you have any questions or comments But the recommendation is to adopt the resolution placing this on the march 3rd primary ballot Any questions from the council at this time? Councilor connoisseur Yeah, I was just I maybe I was mixed up. We're not like just setting the date for the election 2020 But we're just putting we're putting this issue on that election That's right. We we would be asking the county elections official to consolidate this measure on the march 3rd primary ballot with the other election matters And when we say fiscal impact is it is it cost the city something to put this on the ballot? It does but this isn't the only ballot measure that the city is Putting on the march 3rd ballot you you just recently approved the The charter amendment for the school district And it does not cost anything additional to put more than one Ballot measure on the on the ballot. Um, so it won't result in any additional cost that you wouldn't already occur by virtue of that other item And there are Multiple benefits from this approach including Savings of time and money and so forth so and this has come to us at the request of the water department So i'm going to go ahead and move the recommendation before oh before you do it. Let me just see it Is there any member of the committee? We'll have that and then we'll go ahead and okay You'll have up to two minutes Good afternoon scott graham. Um, I don't have any problem with changing this process and how You select a Firm to build something My question about this particular measure is because it's a charter amendment How does it interface with the amendment that was changed? When the d-cell People got it got their um charter amendment on there And made a requirement that any project over a certain dollar amount had to go to the public to be voted upon Is this going to change that or is that's going to interface with it? How how is that going to happen? That's what I want to know. Thank you Any other members of the community? Then we'll go ahead and return back. Do you want to go ahead and try to Yes, that the um initiative that was adopted with respect to the d-cell project will not be affected by this at all Okay Yeah, so I'd like to go ahead and put this um Move the recommendation before us to put this on the ballot. I'll second it Okay, motion by council member matthew seconded by council member mires any further discussion Okay, all those in favor. Please say aye. Aye. Any opposed? Okay, that passes unanimously. I do have a follow-up to this too. Uh, typically when Something goes on the ballot at our initiative um, we designate a process for Responsible party to write the ballot arguments in favor and to have to designate signers. So I'd like to also I can make that a motion that we designate to the mayor the designation of a Responsible parties to work on the ballot argument and signers committee If that's agreeable to people that's that that's fine for me. I've done that before Okay, I'll I'll second the motion any further discussion All those in favor. Please say aye. Aye. Any opposed? Okay, that passes unanimously. Good. Thanks for thinking of that ahead of time Thank you. Okay, so this um Nice planning vice mayor. We're going to go ahead and adjourn our meeting until the evening session Which we'll begin with oral communications at 7 p.m And for those who may be watching at home and planning on joining us this evening We do have the tony hill room available for overflow if needed So we'll see you back here at 7 If I could get your attention, please Thank you very much All right, I appreciate your attention Thank you very much If I could ask you to quiet your voices and or to take your conversations outside if you prefer to keep talking I'm going to go ahead and call to order our evening item and I'll ask our clerk to please call the roll Thank you mayor council members crone Happy to be here Clever here Fires here brown here Matthews here vice mayor coming. Yeah, mayor Watkins here Before we get started, I'd like to invite up our fire marshal to make an announcement in um In regards to safety I just have one request If I could Go ahead and have your respect mayor. Is that acceptable for you, ma'am? No I invited you up. Please and please for the safety of our community Maybe so the the fire chief has asked that we don't line up against this wall for egress exiting And so if you're lined up go ahead and ask that you have respect for our fire marshal as he makes his announcement To ensure the safety of our community. I'm respectful for you. Please be respectful back. That's all I ask, right? So if that welcome remain clear if you're lining up to speak I'll allow you to stand to be in line to speak We're at capacity now and I ask that that doorway stay clear. That's all I ask Thank you very much. Thank you Okay So as I um said before this is our um evening session of our oct 20 october 22nd 2019 meeting of the santa cruz city council And um before we get started I'd like to let the community know that we did reserve the tony hill room over in the civic auditorium for overflow For this evening's item We do have an evening item that will begin at 7 30 p.m Before we start the evening item, we will have time for oral communications So i'll go ahead and open up oral communications And oral communications is an opportunity for members of our community to speak to us on items that are not listed on today's agenda If I could get a sense of how many people are here for oral communications Okay So we will have um 90 we'll have 90 seconds for oral communications in hopes to be able to hear from everybody We have a limited time because we have a uh evening item And so we'll conclude oral communications at 7 35 and hopefully be able to hear from all folks who are wanting to speak to Us on items not on today's agenda I just want to remind those in the council chambers and outside of the council chambers That um we have rules of decorum and it's the responsibility of the Chair of the meeting myself as mayor to ensure that no matter who you are or the expressions you have That you can do so without intimidation or harassment I ask that while you are here in council chambers that you respect your fellow citizens and you respect the process We hope to have a process that we can hear from you as well as some time for us to deliberate And no one should feel intimidated or threatened for expressing their views before us So if I do see you Not abiding by our rules of decorum I will give you a verbal warning if I see you continually Disrupting our council proceedings. I will ask that you leave the chambers I think that we all want to have this process unfold as respectfully as possible And so I ask you to um respect the process while you're here participating in council So with that said we'll go ahead and open up oral communications. Um, you'll have 90 seconds. Please step forward 90 seconds says two In a minute It's not It's not set. I'll wait till it's set I have 90 seconds and I will start it But 90 seconds regard to go ahead. It's it says a minute. I haven't started it yet. So go ahead and I started Okay, we'll I need a little head Okay, well have anybody who wants to go first for the 90 seconds, please come forward. You have up to 90 seconds Okay That says one minute. It's okay. My name's james ewing whitman I found that my found youth is actually doing research Had I actually found the research that I thought I had read I would have submitted some stuff to the da And I hope to find that information because I think there's a couple issues So I want to say that I wish that I was addressing eight-year-olds because I find eight-year-olds Very engaging and kind of really easy to discuss and dialogue Because I think our society on a whole is facing some really strong problems And if they were up to me and if I ran the zoo I would recommend that everybody be familiar with four books So briefly one is climate crash where they go all over the world and they do ice core samples They go back only 600 000 years what they discover is dramatic climate change doesn't take centuries It takes five to 20 years. It's a good book another book is called a short history of progress by Ronald Wright It describes what? How societies lived as long as they did and were successful basically they reused their shit Their book is called Native Amiths Native American myths and folklore. It's got to be one of the funniest books I've ever read two books two stories of note Our goose up kills the water monster and the dogs hold an election Really enjoyed reading that with my book. I have 30 seconds Fourth book is a short history of progress written by Howard zinn. There's only about one paragraph out of the 10 000 that describes the society That was found in the Caribbean islands where that society had No marriage no jealousy no greed and was run by women and when those women Wanted to create a child they invited whatever man they wanted in to their tent Guess what in that village situation the men raised the children everybody got along pretty well Which is not how I see our society. Thank you Good evening I listened with interest last time To the presentation on renaming the pedestrian bridge And the art project and I was very moved by greg pepping's Presentation I think it's lovely in all ways to do that I would like you please to make it a pedestrian bridge to make it safe and comfortable for people to walk on It isn't because there are many bicyclists and to a lesser extent skateboarders Who will not get off their wheels and walk through the park and across the river on the bridge As the very small signs tell them to do And it's become even worse because of jump bikes There are many elders who use that bridge to walk from Dakota avenue To trader joes and bookshop Santa Cruz other places downtown So Can you please call it chinatown footbridge? The lettering could very easily be chinatown footbridge also put Consequential signs With uniforms and fines attached. Thank you very much Should I just start? Yeah, hi, my name is josh mohinsky Um, I'm a homeowner and a landlord and I want to tell you about something. I'm really concerned about um Our community is falling apart rapidly as people are being pushed out of this community because of rents And there's something that's making it speeding it up right now And I think it's a bit of an urgent situation with the rent control that's coming in january 1st There are landlords all over the region all over the county that are evicting people right now So Those of us who are doing render advocacy work are getting information people are calling us Continually saying we're about to get a notice. We just got a notice and it's especially for section 8 tenants right now And you'll hear from a bunch of them coming soon But this is something that is urgent and you can actually Do what other cities have done in um, california where they've implemented the um Uh the just cause portion of the statewide bill early and that will be like a rent freeze We'll protect us from that sort of chaos where landlords freak out And they're really terrified um, and they evict people and so we have dozens already. I mean that's I expect it'll be a lot more soon But there's already dozens of people that are about to lose their homes in the next month and you all can act On that and really make it a much better place to live. So Thanks for thinking about it Before we have our next speaker I just want to make an announcement that this was brought to my attention earlier today And it will likely be agendized for our upcoming meeting um for our special meeting next Tuesday Okay, okay, please. My name is lee brokaw and I think it's appropriate to Make a comparison to this particular council's administration to the loma pre-aid earthquake I think that 30 years from now this will be remembered as the watkins fissure I had a chance to go to the commission for prevention of violence against women and I was much surprised On the 9th of october to see a motion to implore mayor watkins to re-agendize the censure for councilmember crone and glover I read from the vision For the commission for prevention violence against women to end sexual assault sexual harassment domestic violence in the city of Santa Cruz through prevention programs and public policy mission to collaborate with local stakeholder partners and law enforcement to ensure best practices to respond to and prosecute violent crimes against women purpose To make ending violence against women the highest priority in the city of Santa Cruz To ensure collaboration with other public private agencies to support existing programs support the development new programs as needed To facilitate meaningful citizen participation in the work of the commission To continue to work with law enforcement to develop strategies for the sessful prosecution and conviction of crimes of violence against women Nowhere in there Is their censor of council members as part of the agenda? next speaker Hi, my name is salise casby. I'm here to speak about the Today is the last day on the first phase of the recall The recall Has been one of the ugliest and dirtiest campaigns that I have seen in my life. I'm over 60 I've been in politics for the last 25 years I am going to call on council members mires watkins and matthews to come out publicly and denounce the recall The recall drumbeat started after the november 2018 election and it was directly because we had finally gotten a progressive majority on council And just in comings has been mostly progressive and we were counting on him Especially in the area of renter protections and thanks justin for what you've done there I just want to say that at the march 13th meeting of the santa cruz together The complete strategy was mapped out by the pro recall people including Picking on drew because they perceived him as vulnerable using justin because they saw him as inexperienced They mapped out their their costs and they've gone over cost There is a rumor that the recall has been 16 to 50 dollars per signature in the last few days The amount of deceptions and lies that have been promoted from the media such as the sentinel is has been abysmal I'm asking the council members In good faith to denounce the recall I'm carolin ronzano, and i'm here tonight to speak to you about the circle church But there's a couple of things I want you to know about me first My daughter and her fiance are currently living with me because of the housing affordability issue in the city So i'm aware of that problem. I'm aware of the need for housing And also I don't subscribe subscribe to a generic anti development philosophy But I do believe that the circle church is a unique one-of-a-kind city icon that should be preserved I would like the historic preservation commission as an unpaid neutral party Be allowed to review and comment on the historic report that was prepared for the developers for the arid circle proposal Currently they are really hamstrung by the planning department I have tried twice to get this on their agenda At the last meeting I was advised by the commission that the only way To have this item added is through the city council and that is why i'm here tonight. I hope you can focus on me Yeah, can you pass my time please if I could ask that you please keep your voices down? We're going to do our best to hear you when you want to speak and This woman here deserves your respect as she speaks and addresses the council as well Okay, so maybe we could close the door or something like that if the voices in the hallway couldn't keep it down. Thank you fire marshal Thank you. Thank you very much Okay, so there is no specific language in their bylaws or the zoning ordinance that restricts them from reviewing any historic report So I would like to reform a request that the council agendize a discussion About allowing the hpc to review the arid circle proposal in historic report and I hope this can be a formal request I don't really know what the process is This center has served as our neighborhood as a spiritual center community center in park for over 130 years I believe it deserves this consideration Thank you, and please it's important to us. Thank you Hi bruce thomas 18 year resident of do4 street. I've been here before i'm representing the do4 neighborhood And with some we're kind of exasperated One i'm passing around a petition that we a group of us submitted to the city council and the mayor and city council one year ago Over problems that came about with um and a lot of them to do with delivery trucks servicing the blaze pizza And the starbucks at the intersection of do4 and mission street Of the highlighted problems in the front of the page none have been addressed Some efforts were made to paint a curb the real problem germinated when there was no loading zones designated and two businesses were allowed to go into this former bank building So here's the latest. It's a real concern and this is why we're exasperated We came here in august to um say that the report that was filed by the planning department That said things were addressed is incorrect things There were problems we identified in august double parking trucks during the day Unfortunately in the last three weeks we have double parking happening again at the other location right outside the starbucks and it's a traffic safety hazard Is blocking half of do4 street the entrance from mission And i don't know if that can be seen and it's also this is a car having to drive a wrong way to get around the truck It's happening every night for three weeks in a row. I've called the police mayor Watkins I've sent you two emails. I've cc'd the city manager's office and i've been regular emails to the transportation department It seems to be the city is is condoning this. It's a traffic safety hazard. Please help us address it Is the vixby barson eviction scene on the agenda tonight? I'm sorry. No. No, okay. I'll address that Nicholas whitehead i'm a volunteer with an organization that helps immigrant families And in the course of that i've met dozens of families Or my colleagues have met dozens of families who have been severely harmed By the laissez-faire policies that prevail in the city as regards rentals When people are working two jobs And have medical bills they're in a state of exhaustion and i've seen a lot of this so these people are being evicted from barson and vixby You know we need a fund we need a fund That will subsidize their rentals until we have that protection at least of the state starting january first I suggest that that the funding for such a rent subsidy should be coming from Outfits like blackstone and other large corporate entities that are taking over the housing in our area That would be one way to do it I met a 68 year old Woman in a wheelchair in scott's valley who told me She couldn't afford the increase in her section 8 housing when a new owner Took over in in the city of santa cruz and she was made homeless personally told me now She's at the at the shelter on carol state. This is all wrong I'm here to talk about the same thing essentially. So my name is clinton, uh, my clinton strong I'm a volunteer counselor with tenant sanctuary Uh a couple weeks ago I received a call from a section 8 tenant on vixby street who was getting a no cause 60 day notice to vacate And I basically had to tell her she has no rights in the situation And she told me she and her middle school aged daughter will be homeless within that time period okay, and The legislature just passed ab 1482. So a just cause eviction bill for the state and we Can debate the merits of just cause eviction all day, but essentially it's already the law All that that's happening now is we have a giant three month gap where anyone can get evicted We should immediately pass the just cause eviction portion of ab 1482 within the city just to prevent this exact scenario And we don't have to make anything stronger. We don't have to do measure and we don't have to do our own just cause eviction But we need to plug this gap in ab 1482 as soon as possible Thank you And briefly before you speak up. I just want to remind those who are here for that Topic that this will likely be added to our next meeting, which is a special meeting next Tuesday to be discussed Okay, go right ahead Um, hi, my name is erin and I also rent here in santa Cruz And I think it's important that the city council take emergency action to protect tenants from these no cause evictions I've already seen many of my neighbors forcing to cars or into streets when we could when we could be protecting them right now Our state lawmakers have failed to act to protect us between now and january 1st So all I ask is that you please take action immediately. So no one is evicted during the holiday season Hi, my name is jesca. Um, thank you mayor for communicating that agendaisement, but we're already here So yeah, I just felt like I need to give an update since the last time I was here and brought this up Um two more tenants from that complex have already been evicted Um, one has packed their belongings to their van. I don't really know where they are right now Um, another couple is living in san jose even though they continue to work here and look for housing Um, if that means anything, it just means that every day without action means another person is running out of time Um, it was the legislature's fault for creating this loophole But I believe it's our city's job to pick up the pieces and make sure that no one else falls through the cracks um Renters living in some of our city's, you know, very few last affordable multi families now have a target on their backs Um, and I feel that we can do more and that we can do better I'm hoping that you'll prioritize this issue before more renters are forced to leave My name is john balisteri. I live there Been a tenant raised my son there and now it's time to get out of town And we got till december 31st and that's bullshit Because we all nobody's ready for it. We're not ready. Come on time to move kid get out 72 years old My birthday we offer you three grand and move out today Sorry, I can't do it. We need some help. Thank you very much Hello, my name's laura and I'm here for the same thing and I just want to second what they said My name's steven case. I've lived in santa cruz. It's uh off and on Since 1969 I've lived in my present location for 30 years and I'm being evicted and it is a horrific Experience is nowhere to go It's difficult to move out of town. It's difficult to move out of state section eight is difficult to navigate They can just not renew section eight The just clause doesn't really matter, you know, it's just a matter of time Uh, the bottom line is is that of course santa cruz is a cash cow and uh You should really do something to help people Get out of town reestablish themselves elsewhere. It's a very daunting thing. I'm 74 years old and find it difficult So there should be more uh, assistants I think thank you Thank you Hi, I'm nicola. I am a former resident of vixby street and I'm really upset about the evictions that are happening in lower ocean Um, I think we need immediate protections for these next three months Um, and to not do so is to be complicit in ethnic cleansing My name is Helen Bradley I've been living here in santa cruz since 2001. I came here from nashville I've been real sick Since I've been here and I go to mhk. I'm here to To represent mhk. I've been going there for about going on 17 years now and um I want to talk about the food bank, you know, we they give us foods We get donations there But it would be better if we could get our donation from second harvest. It would really help us out We have a lot of homeless people that come there and I myself used to be and now i'm back again being a um diabetic but with the food that mhk was furnishing for us and uh, it made me not a diabetic I got my diet together But now we don't really have enough food and mhk We would really appreciate if you all could look into getting a help for us. Thank you very much Thank you Hello, my name is nick bodsky and I'm here for the mental health client action network, which is also mhcan I'm a peer support worker. I help those who are homeless are with mental Illness issues going on in their life um It's the month of october and with that it's uh time for our special permits to be amended And we just have a few requests that mhcan is asking for The first request is going to be um second harvest food bank a delivery once per month Anything really helps us out one delivery per month is Little to ask for but it would be a huge difference for our community who come in and rely on us for you know food for the day at times and um That's in regards to second harvest and I also want to ask or um amend The special permit for us to not have a security guard. It is very intimidating to our clients that go there Some are fearful of security guards for a variety of reasons We've only had 29 emergency police calls at our location most of which were hang ups or medical related for our senior staff and clients and It's just really not needed our neighbor grace commons They've had 100 plus emergency calls and they aren't required to have a security guard. So Um, if we could have that uh told to the planning departments, that would be amazing. Thank you Hello, and how do you do my name is grace butler and I'm here as well on behalf of mhcan mental health client action network and the mental health community There are some amendments that we were asking because our use permit Is in october is when our special use permit is up and um, I live at grace commons which is on the same is on the same parking lot as uh As mhcan and um, there's really not a necessary any kind of necessary for security guard He sits he sits there and he just waits for something to happen and nothing's happening. Um, it just seems like a way I we would pay for it if it was we pay for it It would be if it was necessary, but it's not really necessary So we're asking if you could take the security guard and put him somewhere else where he's really needed And also as far as the second hard harvest food bank mhcan is a day program that provides solace for a lot of homeless people a lot of mental health people especially the mental health people and having a place to cook and to eat is is fundamental and Having a food bank delivery just just once a month would really be beneficial in in every aspect makes it Makes them feel a little more. Um, how do you say independent? So we're asking if you could you would consider those two amendments and also i'm With bixby apartments go go with their housing. Thank you Gary richard our old mayor council people i'm concerned about your constant Move to set up a parallel government a cog a council of governments through ambag it's made up of sexual rings and old espionage rings For instance, we've got uh bruce mcpherson who was elected as the santa cruz representative He was not avoided by anybody here. This was done from the top down Cogs he counts the community TV doesn't it show a thing this is bruce mcpherson received tens of thousands of dollars from a triple chinese communist Eight Here's another one. This is supposed to be Diane feinstein's cabbie. This is 40 years ago. He's been in charge of her office in santa cruz If people don't know panetta gate, they better start understanding leon panetta gave military and policy information to a communist spy Whose monument is on the courthouse steps when leon panetta was head of the cia. There were multiple people that died because of That were american agents in communist china You have the documentation in front of you. I only have 15 seconds, but you go down to uh ed buck shift Ted lou all of these people are involved in sexual rings Ed buck ended up Having two dead prostitutes taken out of his house and the last one ran out with an injection needle on him next speaker, please pat kiddo santa cruz I'm gonna hold these up for a moment. This is Israel did 9 11 And it's christia for bolin who has the website With an avalanche of documentation and evidence both Circumstantial eyewitness, but more importantly a scientific and Forensic evidence that is real did 9 11 Why did israel do 9 11? Well That's a long story, but it boils down to israel wanted the united states to fight Wars for israel in the mid east to enable israel to take over more territory Trump is enabling that process. He's Certainly in israel's pocket his chief funder is a shelda natelson A multi-billionaire who made his money In the sleazy enterprise of gambling Uh, I think the democrats are any better. Nancy Pelosi said this is almost a direct quote. Nancy Pelosi said Even if the u.s. Capitol crumbles into ruins Our top priority will still be to support israel. Can you believe that? Look it up. I'm not making this up We've got to confront the israel lobby by far the most powerful and intimidating force in american politics. Thank you next speaker and i'm going to be concluding um oral communications at 740 so uh, you'll have up to 90 seconds and we'll go ahead and stop and hopefully you'll be aware of the people behind you If you want to keep your comments brief Okay, carrot philip santa cruz. Uh, this is the press release from santa cruz united probably our sod I'll hand it in in case you didn't and uh, it basically says that the people are not fooled by The anti recall groups who just lie about everything and uh, it's a pretty overwhelming statement And it basically the spanish translation is hasta la vista You know, so i'm gonna hand that in later But I also wanted to talk about socialism. You're earlier today. We saw a perfect example how all of you are pretty much, uh well Socialist mass creating is nonpartisan city council members some worse than others And uh, in particular when you start talking about not protecting the health and safety And individual rights of people but talking about design rules central planning for downtown Not listening to the private sector who it's their money their property And and deciding for them what they're going to do with their money their property Now you're on dangerous ground Okay, and I would like to read a little bit of the uh, I would point out that the kato institute Kato institute released its 2019 report on what americans think about welfare work and wealth I suggest you read it some of the headlines I don't have too much time for but uh, 50 of democrats say trump has soured their view of capitalism versus six percent for republicans 47 of strong socialist sympathizers say violence against the rich is sometimes justified And uh quite a few others very eye-opening. Okay next speaker Okay, um First of all you need emergency action to deal with the renters tonight You could do that if you want you've gotten testimony tonight of evictions you hadn't heard about until tonight So take action tonight Secondly mh can needs true and real support so that they can Return to a policy of being able to serve the people that they served three and four and five years ago You've already heard speakers on that crowded shelters are full Waiting lists are long disabled senior and other vulnerable people have returned to sleep next to the post office fence on water street As they did two years ago after being driven from city hall Two years ago chief mills directed a substantial number to san lorenzo park in the spring of 2018 A fraction of those were admitted to the expensive and restrictive river street campground run by assistant manager Susie o'Hara last fall o'Hara and the council betrayed that population by evicting them for the winter Authorities herded them to ross camp. They were then driven off in may to the imaginary non-existent shelter fabricated again By o'Hara with the help of the watkins minority and vice mayor comings defection from the progressive majority In berkeley survival campers at the where do we go campsite are standing their ground berkeley house residents have come to their rescue We need to do the same here. We can expect less than nothing from the watkins comings council And its staff worse cynical financing for police and ranger raids a council that locks bathrooms against the poor Can't be counted on for kindness or rationality. Thank you next speaker Hello, um, my name is charlie vaskey. I wish to thank you for agendizing emergency renter protections Though ab14 is a great victory for housing advocates There is this loophole and until it goes into effect in january tenants can and will be evicted And according to journalist mats levin from calmander's prominent lawyers are recommending Two landlords to evict now and raise rents where they can As we've heard this is happening in santa Cruz, but it's also happening across the state Um, one other thing that you might not have heard yet here tonight Is that today los angeles's city council unanimously 14 to 0 past emergency renter protections And with that they have cancelled 60 day eviction notices. I urge you to quickly pass similar measures here. Thank you I'm keith mckenry and uh yesterday I was getting my mail in the evening at the downtown post office and a young woman came to me And told me that she had just lost her apartment And she had spent the last couple of nights sleeping in doorways downtown But had found the safety of the men at the camps outside the post office reassuring And um, she just had her birthday uh for 45th birthday Homeless on the streets of santa Cruz And it's very clear if you go around outside that the the eviction at ross camp has resulted In hundreds and hundreds of people seeking shelter In our doorways including many many women who are losing their their homes as a result of the the vicious Increase in rents that are happening and and other Efforts to drive people back out of their homes and into the streets The other thing is is happening is quite she lost her car Or did not have a car to live in but many women Tried to find sanctuary in a vehicle But are unable to pay Registration and so on and then the city tows their home And then they end up living in a doorway downtown and then they get to go and live with a group of guys For protection and we heard this all before with ross camp. So we told you this would happen It happened it is happening and in more and more people are joining the ranks of the Of the unhoused I'm going to go ahead and see how many people are here in line at for oral communications items not on today's agenda You'll be our last speaker in the glasses then with the gentleman with the gray shirt So we'll have four more. Go ahead. You'll have 90 seconds. Hi. I'm tom fordham. I live at 123 bixby The apartment complex where people are being evicted. Um, I live next door to steven case Who just spoke and john belastere? and I also know that That my neighbors There was a married couple who were working more than 40 hours a week each and they Now have no place to live. They've just moved out a couple days ago. Um, I Just think that um An emergency Um, I honestly believe that uh, that just uh, a few months would would would help an awful lot of people An awful lot of people who are going to have a really rough time if they don't get a little bit of emergency help please Marilyn Garrett and thanks very much to keith mchenry and food not bombs for all their decades of work helping The unhoused and hungry I'm going to refer you to another city council member and the mayor of nevada city california renette senem She did a presentation on why the rush to 5g and she says 4g in part And 5g in the public right of way is a corporate and hostile Takeover of our public right of way and with no concern for public health and the environment And dr. Merkola Berlin article. I'll give you the 5g war technology versus humanity We should focus on preventing the deployment altogether We should focus on preventing the deployment all over the This is dangerous microwave millimeter wave radiation Join with the mayor of nevada city california renette senem And joining the opposition to 5g and also sign on to the international appeal To stop 5g on earth and in space Thank you Hi there monica maguire santa cruz county 22 years and We just had a really wonderful meeting with the mf santa cruz emf aware santa cruz group And it was excellent and most people didn't get to learn about it So I wanted to make sure it was available to more than just all of you My husband dr. Carl merit spoke and gave more up-to-date information and People looking up this website will be amazed at the incredible amount of information that is available about 5g And why we need the precautionary principle and I want to make sure that that's understood by everybody as well as asking that People understand you have been looking at it from the standpoint that you have and we're so grateful that you have Taken that precaution already to put off the decision and it's going so great that way Additionally, there's more to talk about with the homeless issue I believe across the county and The entire county needs to be involved and one of the other great ways that you've already worked on Is bringing in the people wisdom group here, which i'm a part of and the Center for wise democracy so people wisdom.org I know most of you know about but everyone else who doesn't yet Please do look into people wisdom.org It's exciting to have ways that we can bring everybody together and have even opposing Difficult conversations lead to unity and creating ways that we all see ways to go forward and Hopefully assist you in your very difficult jobs with All of these topics. Thank you so much You'll be our last speaker Anything Darius Mosineen. I just want to mention There's an enormous amount of confusion regarding rent control evictions a AB 1482 the statewide rent control law does not apply The jurisdictions with existing rent control. So the emergency rent control that Was enacted way back in February of 2017 or and then Or 18 and then extended is still in place Five percent seven percent two-month relocation. It's still in place AB 1482 will apply to those units that are not covered under The current rent control in santa cruz city So just to dispel a lot of the confusion the existing santa cruz city rent control laws supersede AB 1482 and At the risk of sounding like i'm making a commercial For the folks that are getting eviction notices that are on section eight from pixby I have a two bedroom available now And I have a one bedroom available in two weeks to a section eight tenants. So if you want to talk to me outside I'll be out there. Thank you Okay I'm going to go ahead and um, I'll go ahead and get your attention here We're going to go ahead and close oral communications for this evening. We have one item on tonight's agenda It's a public hearing item for 190 west cliff drive. It's a coastal permit design permit special use permit Etc that will be before us before we go ahead and jump right into that item I'm going to go ahead and allow for maybe a five minute Sort of transition time for those who are here to speak during oral communications to find their way out And those who are here for this evening's item to settle in so we'll go ahead and have About two or three minutes for that transition to take place So if you're here, uh, that were if you were here for oral communications, you're welcome to go ahead and leave at this time If you're not staying for the evening item Okay, if I could get your attention, please If I could get your attention, please again. Thank you very much All right, we'll go ahead and reconvene our meeting if I could get your attention If you want to continue your conversation, you're welcome to do so outside of council chambers We're calling our evening session back to order Before we get started. It looks like I have a question here Yeah, absolutely. So, um, thank you. First of all, um, the Situation that's going on over at Bixby Street. We can't talk about it too much But um hearing from so many people in the community, especially after the motion I made two weeks ago for us to be able to do something to protect them Which is exacerbated over the last two weeks. I really think it is in our It's our duty essentially to enact an emergency movement now tonight if possible And then if I wouldn't like to turn to the city attorney and find out if there's a way For us to take action tonight on figuring out ways to protect people from further displacement And at least ease the fears of there being potential evictions between now and two weeks from now The problem I would see is that I've only been given the language this evening I haven't had a chance to review it. Um But I I have spoken to council member brown and I do think we'll have something available for the council on the 29th meeting that the council if there's support for it could enact as an emergency measure My question is is there um, is there a process in which tonight we could do it? Is there an emergency like I think with the emergency movement that takes five votes? Is is that possible to do tonight or? Um procedurally it is But I'm From what I've heard most of the tenants have received 60 day notices Um, and so I think there's time to put this together by the 29th that shouldn't affect tenants who have not You know if the notice just went out at the beginning of the month when the governor signed I understand that timeline except that in the last two weeks more people have been have left They've been physically moved out of the the property since uh, since those two weeks ago when I made the initial motion Which we failed to move on so is there a way tonight that we could do it? And if so, can you just elaborate for us what that is? The charter provides and I can look that language up real quick here I'll just for the delay Wasn't planning on doing this everyone. That's why an ordinance declared by the city council to be necessary as an emergency Measure for preserving the public peace health safety or property and containing a statement Of the reasons for its urgency may be introduced and adopted at one in the same meeting if passed by at least five Affirmative votes, so if the council could put together emergency findings Um to incorporate into the draft language, which merely mirrors the language of The state statute that was recently enacted by the legislature and if there's support on the council for For adopting such an ordinance as an emergency measure then it's conceivable that you could do it as an emergency Thank you. So before we move on I would like to make a motion to enact an emergency measure based off of the evidence provided tonight by the individuals that made the statements About their imminent displacement as well as the evidence from the last two weeks Of those that have been displaced physically from their location of residents to enact The language that was I guess is there that mirrors the state language I don't know if that's the right way to frame it but There's a motion by council member clever Second by council member crone Mr. Condite, can you read the Policy again, please. Yes. This is not an agendized item and if it's going to be on um a future meeting Um Any ordinance declared by the city council to be necessary as an emergency measure for preserving the public Peace health safety or property and containing a statement of the reasons for its urgency Maybe introduced and adopted at one in the same meeting if passed by at least five affirmative votes as I am thinking about it However, I would note that um The brown act requires different emergency findings and so I would need to review those findings as well before um before we could Move forward because I think For instance, the council could call a special meeting on 24 hours notice and have something in effect by tomorrow If that's the pleasure of the council We also don't have an ordinance before us to review So I think i'm confused as to whether or not we could pass an ordinance We haven't written or have before I share that concern But I've been responding to the council members questions with regard to whether as a As a legal matter we could adopt such an ordinance as an emergency But I agree with you that um, I don't have that ordinance ready for you to adopt right now It's been prepared in a draft form That mirrors the language of state law Practically verbatim So it needs to be incorporated into a format that Applies to the city As opposed to applies statewide okay consumer leverage, so um I would be happy to change the motion to prioritize of the scheduling of an emergency meeting tomorrow October 23rd and I understand in order to discuss this review the submitted language and Discuss the implementation of emergency action Specifically because we wait another week even who knows what's going to happen people are living in fear They're being displaced from their homes and I think it's our duty as elected officials to take action As soon as possible, which sounds like tomorrow is the day Okay, vice mayor Just like to say that Myself and council member brown met with a number of the tenant advocates who've been working on this over the weekend And they brought it to our attention and asked if we would Contact the mayor and get in touch with her to get this on our emergency Meeting that's coming up on the 29th We went and spoke with her today Expressing their concerns, which is why she was mentioning that we are working on trying to get this on on the 29th I think that I'm very much concerned about the Situation that these tenants are in I've gone by big speed and spoken with them have been in constant contact with the advocates um I think that for many of us currently Bringing this forward tomorrow would be problematic for a number of reasons I think in particular the fact that many of us haven't Finished drafting this language Many of the council members haven't read the language that's being proposed and so I think that some of my other colleagues as much as I want to see this move forward as quickly as possible I think that many of my other colleagues on here probably would not be in support of this And if we're able to move forward at the pace that we're going and have this on the 29th There might also be potential for retroactivity of this and so I would just State that as you know, why I'm probably not going to support this right now. Hey, mr. Kandavi Yes, um, just to clarify having reviewed the applicable provisions of the brown act The council cannot take action tonight. He would have to be on 24 hours notice at a minimum That makes sense comes from our brown and then comes from our government well, um As much as I would really like to do this tonight or within 24 hours I have to say that it's not possible for me to be present tomorrow for a vote Which makes it a challenge to get the votes. I imagine one and two, I think The language that we have provided to mr. Kandavi does not include Some additional language and I um that I heard in our oral communications related to the nullification of prior notices which would require a little I think a little more work and Could protect people who are have already received those notices. So My preference would be that we sort it out and Have it prepared to To consider on the 29th Given this information. Yeah, not two weeks. No appreciate that given this information Do you want to withdraw your motion at this time? um No, I'm going to maintain the motion for a 24 hour emergency Meeting for tomorrow. I can understand the perspectives of my colleagues. However, uh, we could have acted on this two weeks ago when we failed to at least two people have been Physically left for their homes They're homeless people are living out of their cars right now because of our failure to act And even if we need to spend five hours sitting with an attorney Reviewing the language and figuring out what the ordinance needs to read like We should do that in order to protect the residents of our community Which we have failed to do since we were elected and since I was elected in November And that's unacceptable in many respects. Okay, so the motion before us was The original motion was to make the emergency findings and to make that policy decision this evening Given the information that's not possible. So the new motion if I understand you correctly is to schedule an emergency meeting within 24 hours Is that correct tomorrow night? Is the seconder of the motion still supportive of that? Yeah, and yeah, let's call the question. There's a lot of folks waiting This evening's uh agenda item Okay Unless there's any further discussion, we'll we'll just go ahead and take the vote all those in favor. Please say aye. Aye opposed No So that fails with councilmember brown Matthews vice mayor Cummings myself and mires voting against and councillor crone and clever voting for Okay, we'll go ahead and move right on then to our Regularly scheduled item this evening and we'll invite councillor Matthews Would it be fair to say that? To just give public notice that we fully intend to agendize this We fully intend to agendize this this was to be as aggressive as possible on retroactivity and other protection Totally fair to say that. Thank you for that. Absolutely And that will be that was brought to my attention this morning as I mentioned There's been conversations around drafting the language that will be on our We happen to have a special meeting scheduled for next Tuesday And so that will be incorporated into the agenda this and so that was agreed upon. Thank you very much May I just add also that we are following up with any of the bixby residents There are particular circumstances issues that we can be of assistance between now and Whatever situation they're in that's coming forward as well. I appreciate hearing that. Thank you very much Can I ask a real quick question on that? Sarah Fleming actually is who is I've got some contact information about some residents So if they want to talk to it's plan department Sarah Fleming is the person she reached out to At one point, but yes, so people have issues or concerns that can reach out to staff And we're happy to assist them in whatever way we can So any of the members of the community who are here on behalf of the bixby situation they can reach out to the city Planning department Sarah Fleming is available to support you at this time. Is that correct? Yes. Okay. Thank you for that Okay, so we'll continue this discussion And a week from today and at this time now we'll move forward with the evening item Good evening mayor and council members. I'm lee butler. I'm the director of planning and community development for the city And tonight we're talking about the 190 west cliff drive proposal The property there at the corner of bay street has served as an underutilized surface parking lot for A number of decades now. It was formerly the site of a hospital From 1924 to 1967 and that building was demolished in 1980 in the mid 2000s The city council approved a new conference center development on this lot and the dream and hotel across the street But that decision was appealed to the coastal commission who never acted on the project after the developer withdrew that application We're here now 14 years later and We have another development proposal before you It's a mixed-use project containing two levels of subgrade parking ground floor commercial Can I pause you for just one second? If you have a sign in the back, please lower your sign so to not obstruct the view of the people behind you So if your sign is being held up, could you please lower your sign? No higher than your shoulders to not obstruct the view of the people behind you Please continue of course It's a mixed-use proposal with two levels of subgrade parking ground floor commercial and 89 residential condominium units Some of the things that we've heard in the community a lot of them relate to the affordable housing portion of the project and so I wanted to touch on that for a moment There are 11 percent of the base projects units Proposed as affordable to very low income Residents and that is those making 50 percent of the area median income The project is eligible for a 35 density bonus and a height waiver pursuant to our local ordinance And the allowance of which is mandated by state law We saw a number of comments from the public about this project not having enough affordable housing And I want to clarify a few things related to that So state law expressly indicates that for density bonus projects the percentage of affordable units Is based on the base project in this case the base project is 66 units And that is the number of units that's allowed without the density bonus So the percentage of affordable units that's required to achieve the density bonus is based on the 66 units Not the 89 units that are proposed with the density bonus This is state law. We don't have discretion over applying the density the affordability requirements to the 89 units We've also heard that the density bonus and our affordable or inclusionary housing ordinance should be additive or stacked on one another So that the number of affordable units needed to qualify for the state density bonus Should be above and beyond the already required inclusionary housing units There is a case law that applies to the city It's latinos unidos versus the county of napa and that expressly precludes this stacking of density bonus and inclusionary And so we have to treat those together And aren't able to to stack them on top of one another During various community meetings and in written public comments We've heard from many individuals in the community regarding this project On the support side of things we've heard About the affordable housing that the project is providing we've heard support for the development of the site and for the commercial amenities On the concern side, we've heard about traffic and parking and noise emergency vehicle access Water availability cliff stability building height and various other issues We appreciate those concerns. We take them very seriously and it's understandable that the community has these concerns When we went to the planning commission, we had over 1200 pages of documentation for their review And we've provided additional documentation to the council here Environmental review has been conducted as part of this project and it's it has been a thorough review We have prepared technical reports including but not limited to recent reports on traffic noise vibration Geotechnical analysis archaeology stormwater control and various other subjects As a result, we've incorporated various standard measures into our conditions of approval as is typical for new development projects Our team has carefully analyzed the project proposal and as detailed in the staff report We believe that the project meets the objective standards set forth in the city ordinances And there are some new state laws and effect that have implications for projects that meet objective standards And we're happy to talk to the council about that in more detail if you have questions about it later We've had many departments and outside consultants working diligently on this application We've got a team here with us this evening Ryan bane is the senior planner who served as the project manager on this Eric marlatt our assistant director of planning and community development oversaw the work Bonnie libscomb will be with us our economic development director christ neider our assistant director of public works We have stephanie streelo with dudek and associates. She led the environmental analysis team And then we have several attorneys who are with us as well in addition to our City attorney tonic. I'm daddy. We have serena teller She's an attorney with remy moves manly who advises us on sequa issues And we also have barbara couts an attorney with goldfarp lippman who advises us on density bonus and inclusionary law So with that I will turn it over to ryan bane to talk to you a little bit about the details of the project Good evening Kind of go ahead and get started What we have is a 2.2 acre project site that's located on northwest corner of Bay street and west cliff drive To the west and to the north you can see we have a mobile home park To the north and to the east we have Hotel uses as well as and then to the south we have Multifamily townhomes or condos Um as you can see there is a mix of Visitor serving commercial and residential areas that characterize the beach area to the north of the site And mainly residential uses that are found to the south of the project site As you can see this the site is currently an at-grade parking lot with associated landscaping So as lee mentioned the proposal is for a four-story mixed-use project two levels of underground parking commercial space a public plaza and 89 unit residential condominiums in terms of what's involved with the entitlements We have a design permit coastal permit special use permit Density bonus and coachment permit and tentative map both the density bonus and tentative map require council approval therefore And the planning commission made recommendations to the council The project was heard by the planning commission on on august 15th Where they recommended approval on a 3-2 vote in addition to The approval there was some direction given by the planning commission Regarding augmenting the secret checklist as well as some added conditions of approval In regards to the secret checklist They wanted it to incorporate a noise impact analysis that also looked at vibration impacts So that was prepared between the planning commission and the city council meeting tonight Also, there were conditions regarding trying to The feasibility of moving some of the trees that are on the site as well as some conditions regarding opaque deck railings Providing an internal traffic management plan as part of the conditions of approval That the project be lead gold certified to ensure energy efficiency And access maintaining access to wi-fi for the clearview court mobile home park adjacent to the site And i'll i'll touch on some of those items later in the presentation So the subject parcel general plan designation is rvc regional visitor commercial Um, this designation applies to areas That emphasize a variety of commercial uses that serve santa cruz residents as well as visitors Mixed use development is strongly encouraged in rvc district. So that's something that this project meets The beach area which is um is to emphasize visitors serving commercial uses such as hotels Motels restaurants and amusement parks as well as residential and mixed use developments in the beach area neighborhood Um, the flora ratio that's listed and are allowed in this general plan designation is from 0.25 to 3.5 This project comes in at a little over two. So it's within that range There are numerous general plan policies that this project's Meets and upholds. I don't want to go through all of them, but i'll just read a couple of them that I think are key Um One being in neighborhoods near visitor areas give priority to uses that serve both visitors and residents Encourage higher intensity residential uses and maximum maximum densities in accordance with the general plan land use designations So those all of these policies are being met by this project Um in terms of economic development policies A couple key ones encourage development of year-round business and visitor activities resources and destinations That can also attract and engage local residents Encourage the development of new lodging facilities particularly those targeting a higher end market and those providing additional visitor amenities So the project is meeting those as well Um couple other ones provide for residents daily shopping needs in local serving neighborhood commercial centers With the with the commercial portions of the project that are included that that meets that policy Also support the development of neighborhood gathering places in conjunction with local serving neighborhood commercial Again with the plaza the public plaza that's being proposed in the commercial Amenities that are being proposed that meets that policy The project is also part of the and included in the beach and south the Laurel comprehensive area plan It's specifically located in the beach commercial sub area of the plan That includes the Santa Cruz boardwalk motels beds and bed and breakfast and commercial uses This project site was listed as an opportunity site for residential in that beach and south the Laurel plan And it maximizes development potential for an underutilized infill site, which is currently a parking lot Excuse me Some of the policies that are listed in the beach and south the Laurel plan The project meets all of these policies I don't want to go through all of them, but certainly Mentioned multi-level large-scale development To ensure general upgrading of entire beach area, or i'm sorry multi-level large-scale to optimize use of opportunity uses Locating parking lots to the rear structures and wherever possible underground. The project does that as well Also includes balconies terraces and courtyards in similar outdoor spaces In regards to the zoning district it's rtb per this zoning district Uh, it's kind of unique to this parcel. Um, the history kind of behind it. Um, it was Zoned this as part of the beach and south the Laurel plan when it was adopted in 1998 My understanding is that there was significant public input as part of the adoption of the beach and south the Laurel plan And a lot of that public input Did not want to have any hotel Rooms on this site So this this zoning was basically crafted specifically for this site and Basically limits it to ancillary hotel support facilities and residential development so, um Let's see So the the purpose of this overlay district is to establish and control uses to ensure development Which protects neighborhood integrity and supporting appropriate uses and the goal of the district is to limit the future development Of hotel or motel rooms in the district but to allow ancillary hotel support facilities As well as additional residential development so what's being proposed here is Amenities for a larger hotel the dream in Which a lot of larger hotels common amenities are fitness gyms spas restaurants Cafe and small retail components. So that's what's being included as part of this project Um, this this kind of shows a good Um layout of the general uses in the area as you can see in the to the north of the site Um is mostly beach commercial Um to the south is mostly um Is residential so this is kind of a Right in between It's a transition area and so the proposed mixed use of residential and commercial really is a good hybrid For that transition area Just kind of going through some of the different levels of the Of the proposal. Um, this is the the lowest floor. This is mainly for hotel and commercial valet There's there's 200 there's 217 hotel Stalls it's going to be replacing the 216 that are currently on the site So these this will be available for the commercial and and hotel That are me visiting the hotel and visiting the site The level p1 parking is strictly for the residents of the of the proposed Project So they'll have assigned parking as well as also provides a bike storage and general storage for the residents At ground level Kind of just to give a general idea of the site plan layout We have west cliff to the east base street to the south Um, there's two driveway entrances Along the west and north The coastal plaza and commercial areas are all generally open to west cliff and adjacent to the hotel While um, we have the guest parking here to the rear Also along the south along the base street. We have multi-level units that basically mimic the multi-level Town homes that are directly across the street This is level two, which is mainly all residential. There's a fitness and yoga for the residents As well as a pool here's on the level three It's also courtyards that are available in open space for the residents And we have level four the same thing Then on the roof, um, there are proposed roof decks Um for access That access the uh, the top floor units The subject of rooftop decks was discussed At the planning commission hearing There are as you can see there are roof structures proposed that extend above the roof height of 47 feet Including stairway housing For access to those decks as well as Trellises that house photovoltaic panels Also, there are safety railings for those rooftop decks Our zoning ordinance does have a section that allows architectural features to exceed the height limit And additionally the beach in south the laurel plan calls for flat roof buildings to incorporate porches and window overhangs trellises Walls and are to basically enhance articulation to to avoid a bare box appearance So staff Thoroughly analyzed the wording of this section, which is discussed in detail in the council report We concluded these elements fall under the height limits modification section of the ordinance and would therefore be permitted We've found that rooftop decks really are an efficient way of providing open space for multifamily projects There's been several that have improved have been improved at city projects in the recent past and The interpretation was discussed at the planning commission hearing and the majority of the commissioners agreed that with staff's interpretation and supported the open space on the on the roof So this is this is a look From west cliff across from dream in the proposed building has been designed In a cup Spanish colonial style. It's consistent with the previously listed beach in south the laurel area plan design guidelines This is a look Looking toward the ocean from bay You can see the overall massing is broken up by some architectural treatments including decks and trellises and overhangs Utility Installations and enclosures storage units and parking are all Within the building and so they're all screened from view So just a quick look at the north and west elevations And then here is a site section So the maximum height of buildings in the rtb zone is 36 feet However, as I mentioned, there's a there's a density bonus that's being requested as part of this And as part of that density bonus The tools are to incentivize affordable housing And deeper levels of affordability One incentive is that the applicant can utilize a waiver or a modification to development standards And if those standards would physically preclude construction of the density bonus project For this project, the applicants are proposing a waiver to the district height Standard to allow for an additional story Bringing the overall height of the building to 47 feet This height will be similar to the multiple family residential condominium complex across bay That is 48 feet in height But we'll obviously fall well below the dream in Which is approximately 83 feet in height I was I was also just going to mention so While the neighboring 20 foot tall hotels to the north as well as the the mobile homes which are generally I would say approximately 12 feet in height Are much smaller in scale The proposed structure does maintain a 25 to 28 foot setback to avoid looming over those adjacent structures Which is about double what the required setback is So in terms of the zoning development standards as I mentioned the maximum height is 36 With the density bonus height waiver. They're proposing 47 feet the setbacks are all being met or exceeded Ostry parking is all being met or exceeded as well as the open space requirements Another There's other standards as well that I'll have on the next slide, but This was also discussed discussion at the planning commission meeting was The interpretation of a section of our ordinance regarding the setback for a third story element As you can see here, this is taking a look from the West elevation looking down bay street toward the ocean you can see the first and second floor here Have a have us about approximately eight foot setback and then the third floor is setback And it's I think seven feet or so so this is the section that was discussed in terms of the and Kind of discussed about the interpretation of it About third story element being Step back from the two-story element by at least 15 feet from the property lines out the streets. So The section is poorly written and we're not very clear and we discussed this early on in the project and and Part of as part of the review process So we provided a detailed analysis of that wording in the staff report and staff has concluded that this third story element maintains a minimum 15 setback from the property lines that border the streets. That's how we're interpreting it They're providing a 15 foot 9 inch. So it's certainly meeting that setback Um, and as I mentioned the third story story is step back from the second story Um in terms of landscaping There's currently a total of 55 trees located on the project site 17 of which are heritage trees pursuant to our city regulations They are the project would retain five existing trees In place as well as save a mexican fan palm which will be moved to the plaza The project's proposed tree and planting plan will include a total of 33 new trees on site. Um, so this More than exceeds the two-to-one replanting ratio Uh with 24 and 36 inch box trees And uh additionally A conditional approval has been added at the request of the planning commission That requires applicants to look into the feasibility of moving some of these trees based on Their condition In regards to traffic A project traffic analysis was completed by pinnacle traffic engineering which evaluated impacts to seven intersections um, the analysis evaluates impacts With proposed installation of a signal or mini roundabout at the west cliff and bay street intersection Um, all the study intersections are currently operating within the acceptable Level of service during the weekday pm peak hour based on city and cal trans standards Except at this bay and west cliff intersection, which is currently operating at los e Um, the intersection would operate at los b during the weekday pm peak hour with the installation of a signal and at los a to b with installation of a mini roundabout The city's public works department requested A qualitative evaluation of the pros and cons between a signal and a roundabout from a traffic consultant and They determined that they would recommend that they do the the mini roundabout Based on a few of these Reasonings reduce flows and delays slower, but more consistent traffic flow They feel it's safer than a signal better pedestrian experience And less greenhouse gas emissions um Coastal permit as I mentioned is part of the entitlements for this the The project protects coastal resources such as views. It's not located in any sensitive habitats Coastal access will be improved with road improvements The plaza will provide public access And the ancillary hotel facilities will provide new visitor serving amenities Special permit is also part of the entitlements This is required for all hotel support uses and cooperative parking I should mention so we have the market hall food services the cafe spa retail So those all fall under the umbrella of a special use permit Which provides all of these provide important visitor serving uses I was just going to mention that Alcohol service is not included as part of this special use permit One thing that we discussed after the planning commission meeting in regards to special use permit is in the future what type of Uses could potentially come in down the line. It may not always be a cafe if that goes out or something like that So we we're proposing to add a condition of approval that kind of addresses that So staff can have some leeway in terms of If someone comes in with some type of a use say You know sort of board rental or something like that We can propose to send that to the planning commission for approval Also under the special use permit is The cooperative parking facilities So the parking demand accounts for all uses at the hotel as well as the residential units Which qualifies it for reduction for cooperative parking So the shared use cooperative parking facilities reduction accounts for The parking facilities at a single site can use for multi-purpose trips So folks that are visiting the hotel Also are using the amenities as well as residents that are there using the amenities So there's a there's obviously a cooperative overlap there between the uses The planning director touched a little bit on on density bonus But i'll give i'll kind of go over some of some of the details So as aware to address california's need for affordable housing The state enacted the density bonus law in 1979 to encourage a provision of affordable housing using this by offering a combination of benefits developers The amount of the density bonus is based on the number of affordable units at each income level that are included in a project And to determine whether a project qualifies for density bonus The percentage of affordable units is based on the maximum number of units That would be permitted under the city's zoning code or base density Which in this case is 66 Projects providing a higher amount of affordable units at a deeper level Affordability are entitled to a range of increases in density ranging from five to 35 percent So the additional units The general idea is they help offset the increased costs associated With the increased number of more deeply affordable units In addition to allowing more market rate units to offset the cost of providing affordable units They'll also provide a variety of tools that can help Utilize to make projects physically or more economically feasible including waivers as i mentioned they're requesting a height waiver To allow for those additional 23 units In this for this particular project they're proposing Eight very low income units and two low income units Based on that 35 density bonus as i mentioned which allows an addition of 23 units I should mention that cities have very limited discretion when reviewing Density bonus applications and are required to approve these if they if they meet the affordability requirements Lee touched on the stacking that this was discussed at the planning commission meeting Um, but as you can see there's there's case law that does not allow the stacking Of both density bonus and inclusionary units There was um quite a bit of community outreach for the project. Um even early on there were Before I think they even had an application with the city There was outreach from the applicants um as early as i think june of 2017 There were two community meetings or Organized that the city was involved with one on december 3rd Where there were approximately 150 members and then on a second one on july 10th Where there were approximately 60 attendees In addition to the community meetings a project well-plated was created and posted it on the city of san jacuzzi website That allows for members of the public to submit comments Um and uh Staff planning commission subcommittee and we all attended these meetings um environmental review um Again, we touched a little bit on this. I know there's been a lot of discussion about whether an er should be prepared um Really the purpose of sequa is to analyze a project Determine the impacts and mitigate any potential impacts Um Sequel also discusses streamlining that process whenever possible So we've done the full analysis of what would generally be included in an eir And determined that the existing environmental documents already provided an adequate analysis of potential environmental impacts um Sequel also allows the lead agency to avoid Repeating analysis that were already provided in a certified general plan eir For development project that is consistent with the general plan, which this project is um We have public resources code 2108 3.3 And that's a parallel sequa guideline provision section 15 183 that provide for streamlined environmental reviews for projects consistent with the general plan um that was certified and so The application of sequa will be limited to effects on the environment Which are peculiar to the parcel or to the project and which were addressed as significant effect And were not addressed as significant effects in the prior environmental impact report Or which substantial new information shows will be more significant than described in the prior environmental impact report so An effect of a project upon the environment Shall not be considered peculiar to the project if a uniformly applied development policy or standard Will substantially mitigate the environmental effect As I had mentioned the planning commission there was discussion of Our request to have a noise study prepared That that noise analysis and vibration analysis was prepared Following the planning commission hearing um The study touches on operational noise generated by the project as well as noise and vibration during construction activities um Based operational noises associated with the project as well as construction noise and vibration are Are predicted to comply with the city of san jacuzzi noise standards And will be required to do so for uh for the conditions of approval So based on the secret review, it's been determined that the city's general plan ERR as well as the city city's uniformly applied development standards Have adequately addressed the issues and no further environmental review is required um Following the planning commission We did go over a few um conditions of approval that we thought might be appropriate to be added um Given the level of discussion regarding construction impacts Uh new construction hours a new construction hours condition has has been rec been recommended to be added Also condition number 22 Which has reference to excavating materials Excuse me, it basically reads that Let's see The condition originally read that excavating materials should be Not allowed between the hours of 7 to 9 a.m And 4 to 6 p.m. Due to peak traffic hours on weekdays However, after further discussion with our public works department It was determined that the restrictions on hauling will likely extend the project excavation to more days and be more costly So with p.m peak hours generally being greater Recommending that the a.m peak restrictions be removed and that the condition be Revised to read that hauling will be allowed from 7 a.m. To 4 p.m. So that's a recommendation that staff has provided um another condition That's we're proposing is Let's see So the city's municipal code allows a 10 reduction for non-automotive use programs So the applicant has prepared a transportation demand management plan That aligns measures to be implemented including provisions of on-site bicycle parking free employee passes Among other strategies and among other strategies So we did receive some questions About the transportation to manager management management management plan From vice mayor Cummings and based on those conversations are proposing to add this condition to ensure the success of the program Basically it kind of quantifies the The requirements of the transportation demand management to make sure it's working So therefore staff is recommending that the council acknowledge the environmental determination Uh approve the coastal permit design permit special use permit density bonus requests to exceed height encroachment permit for street and intersection improvements and tentative map for the proposed project Based on the findings and conditions that we've provided And i'm available for any questions Thank you. Thank you for your presentation I um failed to mention when we first started the item that what we have before us is a public hearing for a land use application This is not an appeal. So I want to just sort of explain to the community and those in the chambers the process So we've had our staff presentation Unless there's any burning questions from the council, we'll go ahead and have the 20 minute Applicant presentation and then at which time we'll allow council members to ask any Clarifying questions and then we'll go ahead and open it up to the public I know members of the community as groups requested additional time Since there isn't an Appellant or there's nobody appealing this it would just go to our our general process around group group presentations Which is four minutes for group presentations if members of your group want to Take kind of the torch as you if you will And in final kind of comments in terms of the presentation if you weren't able to complete it within the four minutes That's been a common practice. So you're welcome to do that. So again, we've concluded our Uh staff presentation. We're going to go ahead and open it up to have the 20 minute up to 20 minute Application presentation at which time we'll go ahead and go to our group presentations So do we have the applicant ready and prepared for up to 20 minutes to Make their presentation Good evening, madam mayor and members of the city council. My name is cam baboff I'm the founder and chairman of ensemble real estate It's the owner and of do you mean and applicant in this application Um, first, I want to thank the staff for the hard work the last several years in Calmly in this application getting it to this point And second, I'd like to thank Excuse me the city council For considering this project We love santa cruz as most of you know We're happy to be here tonight to present this project and take the opportunity At this time to give you a history of the our ownership of the dream in and my colleagues will Get into the project descriptions Um, as most of you know, we purchased the dream in Um, which at the time was called the coast hotel in 2006 Um, the property was in a very bad physical condition and doing poorly We saw the potential and the uniqueness of the property And went about our plans to make these badly required, uh, improvements We closed the hotel in 2008 and then in 2009 And completed a top to bottom rebuilding and refurbishment And then with the community input and a lot of involvement We restored the original name, which was a dream in I won't go into the suggestions of names, which was we had a lot of funny suggestions at the time One of them was yeah, I won't go into We are we're very proud of our ownership and stewardship Of this very important community asset, which is the way we view this this hotel And we continue to improve me improve the property as demonstrated by another major refurbishment in 2017-18 and the addition of the jack o'neill bar and grill earlier this year We were also very proud that the dream in provides 175 full-time union job Where we were the only union hotel in santa cruz And we routinely support a number of community and charitable organizations in santa cruz While providing more than over 1 million 1.8 million dollars in to t taxes Which is almost 18 percent of the entire to t collected by the city of santa cruz We're committed to the city. We're committed to the community in the long term And that's why we're here presenting this housing project for your consideration um I think we are staff and You know headed by tyson south has worked very hard to engage the community over the last two to three years with several meetings numerous that i've attended some and we have worked To incorporate the suggestion changes In response to the community to concern um at this point um Unless there's any question i'm going to turn it over to my colleague tyson sales to go over the particulars of the project Thank you very much Thank you. Let me see how we switch this over to the presentation. All right Okay, there Okay, just technical difficulties. Sorry Here we are Thank you to the Thank you, madam mayor and the city council members and i'd like to thank staff for doing a thorough job We're pleased to speak here. I'm not going to take the full time I'm going to reserve any additional time to the end to a rebuttal. I'm going to speak for about 10 minutes We're here to provide a brief recap of the project and then to address some of the most salient points specifically the outreach process housing affordability sustainability And traffic improvement measures So this is a view of what the project will look like when it's complete instead of a parking lot It's a collection of four-story buildings with a variety of materials and I wanted to highlight the One-story commercial building in the front is actually going to be made of rammed earth A lot of which is going to come from the site itself We have an open ground floor with a big plaza. So it's a highly articulated design Very special one-of-a-kind site context Um a highly sustainable not a big block The project has been designed to align with the beach and south floral Area plan general plan and coastal plan and staff has an excellent job of pointing out This is a brief timeline of the project project progress our efforts actually began four years ago With uh initial discussions informal discussions and involved considerably over time with dozens of studies and reports done in response to a thorough planning process the Community outreach the first large meeting which was done prior to submitting application was in 2017 We did some visioning exercises back in 2016 with meeting various stakeholders local retailers makers bike groups transit groups affordable housing groups and a few neighbors the first large public outreach meeting was in 2017 and that's led us to a series of meetings and Just wanted to briefly go through The exercise that we went through our first major community meeting was back in June 2017 The time we were proposing a modern architectural design from a san francisco architect And in response to the community feedback we literally decided to start over with the design from the project from scratch So this has been a a long evolution initially our plans in 2015 Did have A much smaller plaza the plaza has evolved to become larger more open space. We hired a new team New designer and went to head down a different path since then we've had more than 70 meetings Both formal and informal including the two large formal community meetings that planning took part in in december and eight of 2018 july of this year Um, but prior to that a lot of small informal meetings And it's been very helpful to get input listen answer questions and provide answers And we heard loud and clear at our first meetings. There was a lot of concerns from our neighbors And since then we've set up meetings with neighbors specifically with clear view court and the and the West cliff villas townhouses including meetings with our chairman earlier this year And I briefly wanted to go through some of the items that we Um changed in those projects in this project in response to those meetings We've increased the setbacks we also Committed to move the rear fence line with clear view court by about 18 inches to increase the yards Which in some cases their windows are two feet away from the current fence That was really all we could do was still accommodating all the parking and everything in the building But we're actually creating Larger yards for the residents and it also creates space to construct a more sturdy Sound wall which is not required by any noise studies, but something voluntarily we want to do We're arranging and paying for inspection monitoring any repairs of any foundations if they are actually Accidentally damaged during construction, but we're going to voluntarily Do any foundation bolting That any residents desire to have happen based upon inspection prior to construction And we're engaging third parties to monitor and address other impacts during construction as staff has mentioned we We've agreed to a voluntary condition to add access for Satellites to the roof not just for cruzio wi-fi, but also for residents if they're want to Have satellite repeaters for For free services like television. That's also going to be available. So there's going to be a roof area so we can facilitate that for clear view court We removed a lighting fixture at the market hall. We've agreed and We're designing the the lighting for the project to cast light down and not out And we've committed to noise standards that exceed the city standard And we also conducted a whole series of additional studies that were not recommended by the Sequel checklist and the third-party city consultant, but in some cases we've provided extra extra studies like the Supplemental air quality analysis supplemental shadow studies and also We've posted the answers to the specific questions have come up in the public outreach sessions To an FAQ frequently asked questions document That's been available online for a couple years now at the 190 west cliff website And we've updated that over time to try to address The questions that have come up in the public forums The project Has been designed around a couple big ideas as I mentioned in the intro Um We the first and foremost is the project is not as a housing project with affordable housing on site That's available for sale to very low income residents Which happens to be the least served in Santa Cruz and also happens to align With the incomes the predominant their predominant in hotel and service employees Um, so the very low income units are as a deeper level of affordability than the city standard And just want to point out that the city is expected via the state regional housing needs assessment to provide At least 180 very low income units by 2023 and that's the current standard It's actually being updated by sacramento. There's newer higher standards. They're going to affect next year But currently the city is is expected to provide 180 very low and it's well behind that and It doesn't sound like very much, but that's in comparison to 12 Only 12 that have been added citywide over the past four years and zero for sale So this is a very much needed housing type Wanted to point out how deep the level of affordability is and these are 2019 numbers. So these Numbers will change If and when the project is approved and ultimately Um, uh units become homes become available To the public these payments will be based upon the mortgage HOA dues insurance and utilities at that time But as of today a two bedroom would be at $55,000 as the 50 percent median income In the published stana cruise county Housing affordability tables currently which equates to a total payment of 1381 and based upon today's mortgage rates That would leave about 208 thousand dollars for a for a sale price So we're talking about 142 thousand for a one bedroom 208 for a two bedroom and 226 for For a three bedroom. So um, and that's in comparison to the city's standard Which today is about 381 for a for a one bedroom and 431 for a two bedroom. So it's significantly more affordable The payments are significantly less at the 50 percent AMI compared to the 80 to 100 percent AMI um As the owners of the dream in we're Very aware of local impacts of traffic On excuse me on our hotel as well as on the community and we designed this project. Excuse me To be a part of this solution That's been a major premise of the project since its inception And so over the past few years we've hired multiple Multiple traffic consultants to work with public works including a roundabout expert including local and national traffic experts and took multiple traffic counts and worked with the staff for over a year and a half to not just analyze the traffic but to analyze potential solutions And the result of that process is a commitment to To construct either a roundabout or a traffic signal both are analyzed and proposed In the CEQA document and ultimately its city council's choice The staff report is recommending the roundabout Either would significantly improve traffic flows and delays and be a much safer option But the but but the final solution choice is not dictated by Us as the developer it's the city council's choice. I did want to mention that As the applicant were voluntarily Creating a dedication it would move the sidewalk line at the corner About about eight to ten feet for the micro roundabout So that option is feasible and available only with this project Because that intersection widening is taking Land in addition to dollars and the project is contributing $504,000 in traffic impact fees Which can also be directed towards intersection Another major priority is encouraging pedestrian bike use and making The site and the west cliff trail in this location safer for bikes and pedestrians This project is We're voluntarily proposing to widen the bike lane the sidewalk and we're doing that by realigning west cliff to take some of the frontage from the parking lot and dedicate that for For sidewalk purposes a sidewalk easement in the site So that we can use the right of way to widen the bike lane and we can accomplish wider sidewalks We're also undergrounding utilities Not just for the visual Light but to improve sight lines for cars and pedestrians and bikes and to remove obstructions from the sidewalk So that you don't have baby strollers and segways going to the bike lane as they currently are So the goal here is to Create a safer more bike and pedestrian friendly environment As well as better moving cars through the area I wanted to point out Some of this a few of the sustainability measures for the property in addition to committing to lead gold standard We are incorporating gray water systems for landscaping supplementary solar panels or solar power some innovative water technology measures such as the bui smart meters and we're trying to pilot Technology and use the plaza to tell a story about healthy outdoor lifestyles We plan to use Com hosting on the roof garden and try to you know exhibit You know a virtuous cycle and to showcase those technologies because we believe that Visitors as well as home buyers will enjoy being a part of the sustainable community And there's an opportunity to hear to tell a story about sustainable development through the through the plaza Um The landscape side we're integrating local and drought tolerant plants and the plaza is designed to be Similar in the planting vocabulary is the west cliff trail and in conclusion We fully recognize this project will have impacts. We get it We've worked hard to listen adapt and meet the needs of the community as best as we can Um, and we're bringing forward a project that has real meaningful deep affordability And we've worked hard to city staff to find a solution for traffic That we think is really going to improve The quality of life out there for residents as well as the quality of life for the visitors of the hotel This is a long-term Commitment ensemble has made to the hotel and the community of Santa Cruz And we've worked hard to bring forward a project that's consistent with local standards and requirements Designed out of and with that we're submitting the project for your consideration tonight and look forward to a vibrant discussion and answering your questions Um, so I just want to confirm that the time remaining was Asked to be reserved at the very end of public comment. Correct. Do we have an understanding of what time was left? Okay, great, so we'll have that at the end for you Um, so now would be the time for the council to ask any clarifying questions on behalf of the applicant or on behalf of our staff I'll go ahead and see if there's any questions um from the council at this time Those members have any questions vice mayor comings A number of questions, um I know that many members of the public have been pretty concerned because of the way that This exemption was decided upon versus doing a full EIR and many people have been coming forward asking why A full EIR wasn't done on this project. I'm just wondering if somebody on the city staff can speak to that Um, we'll go ahead and bring up our uh, sequel attorney, uh, sabrina teller Good evening vice mayor, um mayor and uh council members I'm sabrina teller with the law firm of remmy moose manly Our firm has represented the city as outside sequel council for a number of years And i'm happy to answer any questions you have about the sequel process As I understand it your your question is aimed at why wasn't an EIR prepared here and the answer is that, uh This is the best tool to fit the project and the circumstances presented, uh in the project There are a number of tools in the sequel toolbox including an EIR mitigated neg deck, but also the streamlining tools Like the one used here under public resources code section two one oh eight three point three and guidelines one five one eight three So it's important to note first that looking at the language of those provisions in the streamlining process It uses mandatory language directing the city to use this tool in circumstances like these That provision says that if there's an EIR for a prior zoning or planning action Here your general plan EIR And a parcel has been zoned to accommodate a particular density of development The agency's application of sequa for a project that is consistent with that zoning or plan Shall be limited to Effects which are peculiar to the parcel and which weren't addressed in the prior EIR Or which substantial new information shows will be more significant than disclosed in the EIR So if the city were to have decided here that an EIR should have been prepared instead of Following the two one oh eight three point three streamlining checklist analysis process It would have needed to cite to substantial evidence supporting A determination that there are new or different impacts peculiar to this parcel or project That were not covered in the general plan EIR and that the uniformly applied Development policies and standards will not mitigate to a less and significant level And so the city started with that checklist process went through it concluded that There were no that there is no substantial evidence kicking the city out of that process kicking this project out of that process into an EIR or a More traditional type of analysis and therefore that's why this streaming learning tool is appropriate So it's within the city's discretion to decide that a different tool Should be used here But to do that to make a different choice you would need to cite to substantial evidence That kicks you out of that process that that shows that there will be Impacts that are not mitigated by the uniformly applied development policies as explained in the checklist And as as based on the evidence that I've seen so far. I think that the checklist tool is still well supported Yeah, so In the staff report and this is for clarity because many people have been asking questions regarding this In the beach area plan it This was based on 47 residential units 230 additional hotels and 21 872 square feet of commercial space State of the currently six housing units have been constructed 1900 19,100 square feet of commercial space and 346 hotel units have been constructed And then with this additional building there would be 89 residential units 15790 square feet of commercial And so it seems like what's listed in the beach area plan that was Initially identified this goes above and beyond the numbers that were in our staff report And i'm just trying to understand how How the EIR covers these additional units that go above and beyond What's left what's listed in the staff report under the beach area plan? So So as explained in the staff report those numbers were estimates not caps and As with any general plan There it's sort of like squeezing the water balloon, you know, you might have Uh more pressure in one area and it results in a certain number of impacts and or i'm sorry Certain number of units or a level of development and and you might have a different area that doesn't develop to the full You know say potential outlined in the general plan EIR And because those are not caps The information presented in the staff report it just explains basically how close you are to meeting The estimates Where the general plan thought you would be at full build out and as they explained in the general plan I'm sorry in the staff report You have approved a certain number of level of development of units and and square footage Since the general plan EIR was certified and this project, you know adds an additional increment of development But it was not Limited to in a particular area. There wasn't a cap set on a particular area And it is generally consistent with the amount of development anticipated for the city so far That said also to the extent that there's a concern under sequa About the consistency of those numbers sequa is concerned not with the compliance with Those types of hard number Caps even if there's not a cap here It's more concerned with and that the way that the question is posed in the sequa checklist is Would an inconsistency with a land use policy adopted to avoid An environmental impact does that inconsistency result in a physical environmental impact? And so again, these not being caps but rather estimates It's not an inconsistency with a policy that's aimed at an environmental impact It was just a level of development that was anticipated in the general plan and the staff report explains How close you are to meeting that anticipated level of development? um I'll allow if other folks have questions too If they want to chime in otherwise I can continue and why don't we um have any questions Go for the next maybe 10 minutes or so and then open it up to public comment And then we can return back for more follow-up questions. I know some of the folks who've been we got a little bit of a late start So other council for questions at this time before public comment I think it was councilor meyer's clever crone Round okay, and we'll if you didn't get your questions answered before we open it up to public comment We'll go ahead and return back after for those clarifying questions to happen. Okay. I just have a question a little bit about The commercial uses No more My secret questions were covered by the vice mayor Maybe I don't know if someone from the project sponsored Just maybe I have a couple just a couple of questions about your Commercial uses So you have the marketplace the cafe Let's see Spa spa is um, obviously, uh, I'm assuming is just hotel Just hotel use And the retail assigned us along with that. So hotel users would be using the spa. That's not a public space, correct If you couldn't uh, sir, please come forward and speak The spa like most hotel spas would be open to guests and members of the public. It would be okay. Okay And um the market hall kind of the intent is is that that's um hotel supportive. So could be um What what exactly kind of is the vision a little bit there in terms? I'm just trying to get a sense of sort of the commercial commercial area uses Yes, the market hall is a little under 4 000 square feet. So it's the size of a large cafe It would have a combination of fresh fruits and vegetables Meets it could be grab and go foods currently the hotel has a full service sit down restaurant But there's no grab and go type of cafe It would Also, it would also be able to have convenience items for hotel guests or for members of the public So they don't necessarily have to run all the way over to wall greens and create extra, you know trips in the area So it is a An amenity for the hotel as well as for the neighborhood In the cafe, I know you have a coffee kind of a coffee cafe in the hotel currently Is that use kind of anticipated to potentially move into this side or would this be additional to that? I mean this would likely be and this would likely be additional The the coffee cart may end up going away. This may be operated by ferv. It may be operated by someone else But this is about 1200 square feet. So that's the size. It's a small cafe So it'd be some seating areas other than just the lobby So it would be you know, some a place where someone could Go sit with a laptop and have a cup of coffee whether they're a hotel guest or member of the public Okay, thank you. And the the courtyard patio is is quite large and obviously that's available as well to the public Correct. Okay. Great. Thank you. I'll stop there for now. Okay. Councilor McLeaver. Thank you. Um, okay, um Thanks for the presentations both for staff and the applicants Let's talk affordability for a moment. So the Units are going to be low very low, which is wonderful the the location or the The price point was looking nice I guess just in general for being able to allow people to potentially purchase a home Something that came up for me was the process in which people will be selected in to live there First of all, if you could speak to that and what that looks like Since I can imagine that it will be very Competitive Oh to say the least and then also are those locked in affordability forever and in perpetuity Or how does that work with regards to if someone were to purchase it and then turn around and sell it? Okay, thank you. Um, I would like to say First of all, the sale of the units will be governed by an affordable housing agreement with the city That's uh, and those guidelines are set forth in measure o and the city's policies and I'd like to actually if you have detailed questions on that I'd like to direct those questions to bonnie ellipscomb But those units would be sold And the residents would be income qualified In cooperation and under the guidance of an affordable housing agreement that would be administered by the city Wonderful, I just wanted to make sure that we were all on the same page and people in the room were about it And I can uh, I mean if someone from the either economic development planning wants to talk about the affordability and perpetuity And then I have two other questions and then we'll move on and I'll be done I just got a text from bonnie and she is watching from her office and she'll be over At the end of public comment so she can address that then it is in perpetuity and so subsequent sales Would have to qualify at the 50 percent area median income level at that time And it would be based on the variety of factors including the interest rates at the time And hoa do The the costs of those would all factor into what the ultimate price is In terms of the process the selection and so forth I would defer to bonnie on that and she can answer that in just a bit. Thank you So next is sound and we'll talk about sound just really quick So I'm looking at the blueprint of your ground level Display of what it's going to look like and one of the concerns because there are many concerns that have been brought forth Especially by the low-income mobile home park that's directly behind or next to the community or the proposed development The location of the trash That you can see right there It's that Dotted box on the left side That is incredibly close to the dividing wall And so one of the main concerns with the neighboring community is the impact of vibrations and early morning deliveries of delivery trucks as well as trash Trucks coming to pick it up from that location Can you speak to that and what issues? I know you mentioned a sound wall, but What was the height of that sound wall and is it proven to be? Effective at blocking those kinds of sounds from the because those people's bedroom windows literally on the other side of that Red striped line So what's being done to address that and you mentioned the shirring up of the foundations How do you plan on going about that and how you know it needs to be done before the situation happens and then just for Time the sequel question I had had to do specifically with their concerns about The the access of solar light Specifically the shadowing of the homes I know that I don't know if that was included in the original sequa general plan and Their feelings specifically just to make sure that they're represented here In this development conversation is the impact of the reduction of light Elderly people living in those mobile homes and then being susceptible to mold mildew and having to increase their cost of upkeep So I want to just touch on those two if we could hear something from the whoever it's most qualified Okay, I'll try to take these questions one at a time I think the foundation bolting and inspections is probably the easiest we will hire third parties and we're and there's a number of them and we're willing to work with the residents to Provide a list of several that are qualified And we would have a third party Go do inspections and make recommendations And this is you know as much to protect ourselves from liability because it's much cheaper to fix something up front than later on Absolutely So that's the first one With regards to the trash There is a additional supplemental noise study that was done by the city's sequa Consultant that I can refer you to them for more additional details the Doors have to be Oriented away from the street via the city's ordinance The wall I'd have to ask our architect. It was either six or eight feet one Is six feet tall I'm six feet tall and I don't think that A wall my height would stop the sound of delivery trucks semis and or trash trucks. Do you Well, I think the also the plan is to wheel the bins out to the public right of way Rather than having the trash truck actually pulling up and reversing So they would actually be wheeled out by the Maintenance staff so the trash would actually be picked up at the right of way So we could arrange to have that be a little bit further from the property line as well Okay, great. And we and we'll make sure that All the trash deliveries are done in a manner that's consistent with the noise ordinance in terms of hours and sound and Would the city's consultant like to add anything about the noise study? I leave out there again, and I was just talking with our assistant director of public works as well as our secret consultant about this and Essentially what public works indicated was that we will work with them to minimize the number of pickups throughout the week Because these are temporary in nature, you know once a day single events and You know A limited number of times throughout the week. We would not anticipate any noise standards being exceeded And we certainly recognize that that still is an effect on the adjacent residences. And so public works does need to still See how they can best minimize that that's coordinating with the applicant to say, all right How can we do this as infrequently as possible with the number of pickups that are scheduled and the size of the bends? and that's something that The public works department will work through with the applicant great There's you know, I just am a little concerned especially because we've heard the representatives from do4 street come For a year apparently because of double parking and so the concern of how fast the city can move if there is an issue that is unforeseen But now in the instance of time sequa there is the Shade and lighting which may or may not have been included in the original study for the general plan But then also the two-story parking lot underground in the cliff So I don't know if that was included in the original eir for the 2030 But if not and there wasn't the consideration of a two-story underground parking lot on a cliff that is already kind of sketchy Shouldn't that require an eir and that's either for you or for their our eir our lawyer Shading So to respond to the the inquiry about shading and solar access that's not a sequel issue It's not in the checklist That said they're one of the design permit findings that you need to make Is that it minimizes The project preserves solar access to adjacent properties as The applicant mentioned there was a solar study done and and and then also as ryan mentioned as part of his report the setbacks on the clear view court property lines were more than doubled and If if you look at the the solar studies that were done that are included in your plan sets It really does minimize the overall shading to the overall clear view court property Granted there are a couple of units that are on the north side That are going to be fairly shaded the majority of the day during the winter solstice, but overall if you look at the whole year Those setbacks have really gone a long way towards minimizing solar impacts on the those adjacent property lines Thank you I invite Stephanie streelo up our due deck consultant on the sequa analysis to talk about the geotechnical reports that were done regarding cliff stability. Thank you Evening council members This issue was addressed there was a review conducted by gary griggs And it basically concluded that with the excavation that was planned and the formations that are present There wouldn't be any issues with risks to slope instability mostly because of the distance and The type of formation that exists in this location So it wasn't reviewed and it was summarized in this checklist But uh, there was that included in the original sequa analysis for the general plan because according to the provisions in the Code that keeps or keeps beating references if it's something that was outside of the original analysis So was there geo Analysis of an underground two-story parking lot on that location for the 2030 plan the general plan provided a general Overview analysis of the kinds of impacts that would occur with relation to slope instability Um and various geologic hazards. So yes, it was addressed in the general plan eir And then the studies for the project just provides the detailed site Evaluation that confirmed there are no new impacts that were not otherwise evaluated in the eir for the general plan Thank you I'm going to go ahead and ask my colleagues to Pause their questions at this time We'll go ahead and come back after public comment to councillor crone and then council member brown To and then count vice mayor Cummings to read from being questioning and comments We're at 9 15 and I know there's many members of the public who want to address us on this item Um, so we'll go ahead and pause questions and open it up to public comment How this will go is we will hear from the Uh three groups that requested extra time in advance And they'll have up to four minutes to address the council I'll then open it up to one minute for any member of the community that just wants to briefly say Their thoughts on this item And then we'll go ahead and open it up to two minutes and hopefully get a chance to hear from everybody I ask that you respect your fellow citizens as they express their opinions before us this evening We're going to ask that you receive the same level of respect when you speak as well And I'll do all I can to ensure decorum as we move forward at this time So I'd like to invite up our first Group presentation you'll have up to four minutes and kate roberts on behalf of the monterey bay economic partnership. Please come forward Thank you. Mayor Watkins and good evening a mayor and city council members kate roberts president of the monterey bay economic partnership Otherwise known as imbep imbep strongly recommends the approval of this 190 west cliff drive mixed use project That is before you this evening, which includes as we've heard in Detail 89 homes 10 of which are affordable to very low and moderate income home buyers mbep was founded in 2015 with the mission to improve the economic health and quality of life in the region We consist of 87 public private and civic entities throughout the region Which consists of santa cruz moderates and san bonito counties Our strategy is to create and implement initiatives aligned with this vision our current initiatives obviously include housing As well as workforce development transportation and broadband We strongly advocate for more types housing of all types and furthermore support higher density housing both rental and for sale at every income level in appropriate locations near transit options Jobs and services which maximize public infrastructure investments and prevents brawl We've reviewed this proposal by ensemble over a year ago and have been involved since then They have obviously improved their plans after incorporating lots of neighborhood Comments and feedback and as we've heard have met all the city and state requirements for the site This site which currently is a parking lot, but at one time as is mentioned was a hospital, which is kind of interesting Will be repurposed to meet our community's need for more workforce market rate and affordable housing The city needs more housing, which you're obviously very well aware of that serves all income levels Especially lower incomes and this project the 10 homes so which we've been discussing tonight will be extraordinarily affordable prices ranging from 114 to 265 Which is obviously dramatically different from the median selling price of 850 thousand in santa cruz Based on recent data from zillow Please join our large and diverse coalition of local business leaders housing advocates and residents in improving this much needed project I just want to say personally anecdotally. I know somebody that lives in the condos next to I think is going to speak later A young guy with a family that you know would really like to see this type of housing be available for more of his peers So I hope that you guys will be able to vote it through tonight. Thank you for your service. Thank you for your consideration Next I'd like to invite up Jim Conway, who's president of the clear view court homeowners association And I think he will be co-presenting with Anita web You're welcome to come forward and you'll have up to four minutes Okay, okay, so you'll be speaking on behalf of the group. Thank you. Yeah, since we were only given four minutes We felt that was the best Honorable mayor and city council members our vulnerable 68 home community approximately 150 residents Orders this project on the north and west fence lines Our windows are within three feet of the expected additional 1500 car trips daily using the project's roadway In addition to that our commercial and residential deliveries city services special events whether onsite or the many athletic Events that close down streets on this corner throughout the year Not being studied impacts will be direct and lasting No consideration has been given to clear view residents who will bear Cost increases caused by impacts such as for maintenance keeping mold moss and mildew at bay and for heating and lighting Under long reaching projects at shadows, which is all day during Colder wetter fall and winter months along the north when we depend on every ray of the sun Not just on the one day of winter solstice and year-round in mornings on the west when we depend Excuse me lots of food gardens, which needs sun the supplement our grocery bills The building mass blocking signals to those who have over the air digital tv antennas and dishing Dish tv was talked about I guess earlier that was new information major noise around the clock and artificial light intrusion car and commercial vehicle exhaust pollution all are known contributors contributors to increased health risks loss of privacy Five levels many balconies windows penthouse decks. We will all suffer loss of quality of life And livability of our community Loss of home values a home already cannot sell due to the prospect of this project It's sitting on the defense line if anyone's interested and you Um and could affect emergency response times many Most our residents cannot afford to move And some are homebound with disabilities or chronic illnesses. So they're exposed all day to uh impacts Then we must enter the two to three years of heavy construction Is it fair to sacrifice these largely low fixed income homeowners? Again So the wealthy can benefit instead You've received our written comments The needs for all developer verbal statements addressing cbc impacts need to be included in the conditions They're they're not in there in compliance with the general plan page 95 for noise, which does require a sound wall We are asking for eight feet for it to be effective. Otherwise, it'll be the same as a four foot Uh our homes are elevated. We can see over a six foot fence if you can see over it you can hear We need that installed in advance of construction, which was verbally agreed to sound dampening materials on building and roadways Also required under the general plan particularly on the north where the second through fifth levels actually swing out towards us Uh at an angle halfway over the road that site is not vertical. It's not the full Setback mentioned earlier And it will contribute to impacts and noise amplification You need to know that the various reports submitted are to planning a riddled with errors and omissions yet being accepted as fact without fact checking and uh Commission your time is up. You're welcome to submit your comments or to have um, uh Colleague or somebody from your group to to share the remainder during their time Okay, so we'll have a diligence We have one more group presentation and that's julie phillips And you're representing saves santa cruz west side and you'll have up to four minutes actually julie has uh Had me come and do the speaking Good evening. I'm adrian piercin and i'm speaking on behalf of the santa cruz west side group a large association Of concerned residents and i'm going to be addressing specifically Concerns about the building height code violation in the plan design An experienced real estate land use attorney has studied the relevant city code alongside the plan design And concludes the project exceeds zoning code requirements and a height exception does not apply to a proposed fifth level Now each council member should have received a copy of the attorney's letter with the legal analysis along with Appropriate sections of the permit application in the city code The legal observation is the following The specific uses that would qualify for a height exception are listed and named under the city's code Section on the height exceptions. That's section 24.12.150 the list is rather short It's quite specific for example church spires and lifeguard towers have height exceptions and importantly for tonight's discussion Roof decks roof deck walls or rails and rooftop trellises over roof decks are not on the list that is allowed To exceed regulated height Because roof decks and their associated vertical structures are not allowed under the use exceptions any height Associated with these is not permitted to exceed the limit which in this case is 47 feet These rooftop structures cannot be 10 feet tall. They cannot be six feet or four feet or even one foot over 47 feet This is a sensitive coast side zone. The height limit here is three stories or 36 feet The maximum allowed height of 47 feet was achieved after applying the applicant's requested bonus The plan requests a fifth level to be added to the fourth story rooftop with 27 private decks access by 27 private staircases From the penthouses below with 10 foot tall canopy style trellises covering all rising to 56 feet Perhaps more essentially picture a 10 foot high roof On top of the fourth story roof with a resulting mass that appears as five stories If anyone else in this room asked for a permit the violated height regulations, it would be rejected One justification cited For over limit height seems to be enhanced articulation under the city's design guidelines There's nothing in the design guidelines that allow height violations height exceptions are governed by that section 24.12.150 In summary, there's no legal basis for a height exception The applicant has 47 feet to work with and should get the job done in their 47 feet Which is already one story higher than our vision for our city under our regulations as council members Whatever your personal views on this project might be the public expects that each of you will hold the line On upholding our codes and our height limits You are our environmental stewards You are the community who the community looks to for principled leadership You are charged with the ethical responsibility for upholding our codes and regulations And for ease of reference this evening a copy of the very brief section governing height exceptions will now be distributed There are very specific exceptions And what's being proposed is not among them. You will not see roof decks on the list of exceptions It's important you have an accurate copy for your use this evening because there were some typos I want to make you aware of that were in the text of the code that was in the staff report and the applicant's attorney's letter Which may have caused confusion I will give these to the board for distribution I've made an extra copy for a file copy for the jit for Thank you very much. Thank you So at this time that concludes our group presentations for public comment. I saw somebody in the audience that had Children here. I don't know if that person's still here. I wanted to invite you up to speak if you're interested in speaking I'm recognizing tonight is a school night But i'm not sure if that person's still here. So I just wanted to honor that Oh, they are were you interested in speaking this evening? Okay, okay So what we'll do at this point is we'll have any member of the community that wants to just briefly address the council in one Minute to please come forward And then we'll open it up to two minutes for those that want the longer amount of time But if there's some members of the community that just want to briefly share their comments I want to invite you up for one minute to do so And if you will you're welcome to stand up to my left go right ahead and you'll have one minute My name is nathan york. I'm a santa cru city resident We heard quite a bit tonight from folks who have experienced the effects of the housing crisis in our city And so I want to ask tonight that you prioritize people over parking lots This plan this project will not fix the crisis of housing in our city But it will provide low income units for 10 eight families and two additional moderate income And those are people who desperately need housing in our city Um and in addition to that it will provide 81 housing units for households that Really want a higher density housing in the city that's efficient That's in a walkable bikeable location, which is also important for reducing greenhouse gas emissions in our city The people who Thank you. Thank you Others that want to just briefly address the council in one minute. Please come forward You'll have one minute as well. Thank you. Uh, my name is Elise casby and generally I think is an extremely elaborate Legal although I don't think the legalities would hold up in a serious court To avoid a extremely thorough environmental impact report. Um, we need a real real scientific environmental impact report to To get into extreme detail about all the effects the effect on wildlife the effect on the area Pollutions it is a sensitive habitat. I am familiar with the area having said that the other thing is is that I just don't think a Spanish colonial building is appropriate for this area. This is on Oloni Ground we are taking away beach flats area. I don't think that this is appropriate to me It looks very much like la at in Santa Monica near the beach. I don't think that's right for santa cruz Unfortunately, I don't think this is the right project Evening council, my name is Ralph Maiburg In the one minute. I'm just going to compartment compartmentalize what I have to say I think an eir is actually a good idea in general The traffic Studies I do not believe are sufficient The linear park that is west cliff and lighthouse Will be severely impacted. I walk there and when cars are backed up all the way to manor The amount of pollution for pedestrians People with their children Skateboarders athletes surfers is intense. I would like to support the roundabout as a solution And ask that the traffic signal never be considered for that no matter what Even if the roundabout doesn't take effect the stop signals at least meter traffic going down to the main roundabout at the Wolf A traffic signal would create light intrusion throughout the day and night. Thank you very much Any other members of the community for one minute wanting to address the council? Please come forward Thank you. My name is phyllis galvan And I'm a clear view court resident and I'm one of the people that live on the fence where there'll be no sun Where we'll be next to the trash that will only be picked up briefly, but I'll be able to smell it After it sat for a few days We fought to keep our low cost housing I truly have low cost housing in the broadest sense We're going to be forced out the where I live. We won't be able to go live through the construction I won't have any place to go. I'll be one of the people like fixby street. I'll be in the car um The traffic Is going to be 10 times worse And I don't think the solutions look good Then we're in environmental crisis every tree Every open space Counts We need those things we're fighting for those things and here we're going to blow up the Thank you very much Please for one minute Good evening mayor council members dan smart director dream in Been a local here now for 10 years and I never would have been if I wasn't first a visitor And that's why I love this town. We're in the people business It's our goal to offer our guests the best and most authentic Santa Cruz experience we can This city thrives off of visitors shopping in our stores eating in our restaurants Visiting our beaches and staying in our hotels The 190 west cliff project will provide a much needed amenities for our guests and locals and locals alike The number one question our guests ask is do we have a spa or gym? Though I recommend go out on the beach and run or surf This is one of the amenities that is highly in need for our guests and visitors in this area Lastly the addition of more food beverage and shopping outlets will provide not only more jobs But access to an authentic Santa Cruz business for locals alike Please take this moment an opportunity to help west cliff and bay street become one of the favorites for our residents and visitors. Thank you If you could please lower your sign no higher than um your shoulders as to not obstruct the view of the person behind you Good evening council members mayor vice mayor. My name is jesse bristo and I'm here on multiple capacities I'm actually a local business owner that owner. I own a coffee shop about a thousand feet away from the from the site I live in downtown Santa Cruz. I work in downtown Santa Cruz. I'm also a project manager for swanson builders Uh, I'd like to speak on behalf and in favor of this project I think it's a great, uh utilization of underutilized site The fact that we're providing housing instead of a visitor serving use because that is some of a contentious item down in that area So it's nice that we're providing actual, you know ownership opportunity there And I think the big ticket item is that there's 10 units that are will eight that are very very low And two that are very low income that could be life changing for 10 families potentially of affordability So I like to speak in favor of it. I think it's a creates a great connection from the beach to downtown close proximity to the bus stops and I think it's a great design. Thank you Good evening mayor, um council members. My name is robert singleton. I'm a downtown resident Also member of your planning commission. I'm here tonight to speak in favor of the project before you and I would hope to say that You support it and vote in favor of it You can hear a lot of stuff from people tonight about traffic height shadows affordability, etc I just want to focus on one element, which is the affordability The deed restricted low-income units. So as you're surely aware, we are woefully short in our low-income housing Um, uh production goals as set forth under our regional housing needs allocation So I ask of you, um without projects like this, how else are we going to get those units? We have no extra public dollars. We have no redevelopment funds. We have no local trust fund for affordable housing We don't have any additional money coming from the feds earned income tax credits only account for a small percentage Infraction of total capital stack for affordable housing. So without projects like these They're going to have deed restricted affordable units for 50 and lower AMI. I don't know how we're going to get those production goals So this is a unique opportunity before you. Um What is the cost of not doing anything because That's what you're faced with For the one minute. Uh come forward Hi, my name is tim gordon. I am a santa cruz city resident Um, my speech is pretty simple The state the county the city this council have said that you want housing This provides housing Should be simple black and white. Let's approve this project. Thanks Hi, my name is jimily Tim and I own an architecture and construction company in town. We have 12 employees. We provide high pain Highly skilled professional jobs for people to live where they work work where they live We have three children. We also rent we live in a house. That's barely above the house that I lived in college It's kind of disgusting. There are not a lot of options for us here Um for many people here and I mention all this because my personal philosophy and vision for this community Is that it is a place that can be truly sustainable to me? That means that there are high paying jobs. There are jobs of all all kinds. There's resources. There's schools There's public spaces. There's Infrastructure there's grocery stores and there's housing and all of those things are near each other This project provides all of those things for our community I ask you to join me tonight and supporting a vibrant vision for the future of santa cruz and please say yes to housing Thank you. Good evening The crosswalk in front of the dream in hotel lobby is a major reason why this project should not be approved Sized side from the valleys and occasional guests coming From the parking lot the lobby crosswalk is hardly used And yet with so few pedestrians crossing at the lobby crosswalk We have traffic gridlock on most summer weekends. The lobby crosswalk is very dangerous Badera streams must step off the curb directly into the path Of oncoming bikes that are using the two high speed bike lanes and then into the oncoming traffic The proposed project will induce introduce hundreds of pedestrians crossing a day at the lobby crosswalk And all year long residents of the new condos tourists by the hundreds locals will use and locals will use the Lobby crosswalk to reach the 16,000 square feet of amenities like And you're welcome to submit your comments if you like Any others for one minute Council members I'm glad to be here. I've lived on lower bay for 22 years and a retired cabrio teacher I have watched traffic increase But this is a nightmare Where they're expecting 1500 more cars With this project that is three miles of cars Have you tried to go on a weekend with the cars? You wait an hour at that section. This is the west side Freedom line this is the bay and and west cliff Is the corridor for the whole west side for emergency vehicles for commuters for everybody? And it's going to be impossible You're going to lose it forever if you loud this through Good evening. Um, I just simply want to address a few talking points here I've lived in the neighborhood on lighthouse avenue fortunately very fortunately for 33 years And um, I'm truly concerned about the traffic and I understand at the various viewpoints that have been shared about it I think it needs continued Consideration number two. Yes, there will be low income units That's a good thing. That's an important thing. That's a necessary thing for this community But what about the other units? Who is really going to own these units? And who is really going to actually live in these units? Are these going to be the rbo's Airbnb's Is this really a viable solution for housing for those of us that live in this community? Please consider that Yes, this will create jobs What kinds of jobs are going to be created though? Are these jobs with livable wages in this community? I'd like you to consider that and then overall more needs to be done. Thank you Good evening, uh, my name is cori ray and I have lived here for 50 years So what that means is I get to own my house. I get to have secure housing I hit the generational jackpot So there's a lot of us here that are like that and I'm here to tell you That I would like to share that and I would like our community to have more housing to share I'd like you to support our values Our values are less traffic if 20,000 people drive into santa cruz every day for their jobs Maybe a few of them could live here. Maybe they wouldn't have to drive Climate change density is the greenest housing option. There is single family housing is the worst That's what santa cruz is How about affordable housing and how about regular housing? The second point I'd make is that listen to your experts. You hire them. You put everybody through all these rules They do everything listen to your experts Support this project Good evening. My name is chris fronte and I own a neighboring hotel the beach street in and suites and I support this project fully I was intimately involved in a project that Was derailed back in 2005 where the developer pulled out And the project didn't happen and that project was very important because it provided a conference center To our community And I'm bummed that that it didn't happen. However, looking at what the developers have done and all the concessions they made to especially clear vu court and considering the situation we're We're in in regards to our housing stock I have to say I'm I'm glad I'm here today supporting this project Because I do think it's far more worthy than perhaps additional hotel rooms and In that conference center that That we had on the table a few a decade ago or so So please support this project the housing component is huge The amenities to the Agreement the fitness center the spawns so forth are huge. So support it. Thank you Good evening. My name is Hugh Fowler. I live near where this proposed project is going to be built or not It seems to me the proposal is To build almost 80 Very expensive condominiums that will be bought and Used by wealthy people on the west side In order to do this the project developer is asking us to abandon our Height requirement for this area And he and the developer is Suggesting that we should do that because he's going to build 8 to 10 or 12 low-income units But I ask you since there's so much concern about traffic in the environment the height the parking That at least Consider a full eir Thank you So we'll go ahead and have Are you waiting for one minute as well? Two minutes. We'll go ahead and have for the one minute. Okay, we're going to have you as the last You're going to I'll go ahead and do this I want to honor the folks that have been waiting in line if you want to just take the one minute You're welcome to but we'll have the folks because um I know that there's there's a number of members of the community are wanting the two minutes You don't have to take your full two minutes, but the one minutes We're going to stop at the gentleman in the jacket. We're going to have you actually I'm sorry. I'm going to have you actually go to the back of the line to be able to have the folks that have been there Oh, she's been waiting outside. Oh, okay. Apologies for that From the outside Okay, well, we're going to have you you're going to be able to do that during the two minute time frame But we're going to because I have seen a number of folks come up and I'm not necessarily sure and who has been waiting for the one minute I want to have the folks who've been waiting for their two minutes to have their opportunity And then you'll go after after the woman. Um, who has been waiting from as far as I know So the folks that are behind her if you could just go back to the end of the line so we can have Those who've been waiting patiently for their full two minutes to have their opportunity to speak as well So we'll have you go and then we'll have the two folks who've been waiting there in line one from the outside Okay, thank you. You'll have your one minute. My name is laura waltz I have been a resident of san the city of santa cruz for almost 20 years The entire time I have lived here housing has been a problem and not only has it not gotten better. It's gotten worse So understandably there are impacts anytime a development project happens But we're looking at either 89 housing units or a parking lot. So please vote in favor of this Hello everyone, uh, my name is adam novak. I work for ucfc As far as I can tell this project checks all the boxes and you can't not approve it It's not perfect and the ways in which it's not perfect point to ways in which the boxes could be improved I hear that it ought to compensate the neighbors for the negative externalities things like shade You should agendize an ordinance to develop a framework in which that could be done It also ought to have more affordable housing We could get that by raising the affordable housing requirements in santa cruz We could also probably get that by raising the height limits I'm sure that the developers of this project would love to add a whole floor of affordable housing It seems like they're capped out by the height limit Uh In conclusion the only way out of our housing crisis in my opinion is up. Thank you My name is Colleen Sullivan. Um, I'm a homeowner about a block and a half away from this project And my primary concern is the increase of traffic I fully support the traffic circle, but I think we're going to have impacts from the pedestrian crossing So I would I would encourage you to look more deeply at that because it will be like crossing in downtown You know, if you're driving through there every pedestrian is going to stop that traffic and push it back onto that traffic circle And not only that all of the residents coming down to park in to the Facility are going to be pushed back on that california project So I would encourage you to look at traffic server circle up by california. So thank you Okay, we're going to go ahead and close the one minute time frame We're going to have you have an opportunity to do if you just want up to one minute when your turn is to speak But we've had a number of folks who've been waiting for their two minutes We're going to allow their time. You don't have to take your full two minutes But we're going to I'm going to go ahead and honor the folks that have been waiting in line here And you'll have up to two minutes at this time Hello, my name is julie phillips. Thank you for listening to us tonight The city planners have put the interests of the southern california developer over the concerns and interests of the majority of the people in the public For over two years We have been involved a team of us in this proposed project including several community meetings Informational meetings hosted by the developers the red dot green dot the whole, you know, write your concerns Ask questions tell us what you need and like and they have not responded to a single one of our concerns So again the impacts of this massive project at this fragile location so close to the cliffs and bay and neighbors are Significant and that's a keyword that i'm going to be using over this time And huge and yet the city is not requiring a full eir an environmental impact report Tyson sells himself said in a local radio interview that he anticipated doing an eir Let's hold him to that It is irresponsible for a project of this scale and scope on our fragile coastline cliffs to not require a full environmental impact report The environmental checklist that it was cited throughout their report goes down for each impact and states No impact. I don't know if you've looked at it, but the encyclical environmental checklist is just a little checklist It says no impact check no impact check. We were We couldn't believe my blood pressure really went out after reading that Also tearing this project off off the 2030 general plan of which this particular project is not included Is again irresponsible and does not represent the basic principles of democracy The californian environmental quality act sequa states that any proposed project that might Have an adverse environmental impact environment is automatically required to have a full eir And I hope the attorney and others have looked at that wording Key to that is to allow the public to give input and every single concern and question Must be individually answered in a thorough public review process that has not occurred And that's an integral part of full eir is to get that public input This project will have significant environmental impacts including significant and increased traffic ingestion gridlock at this busy lifeline quarter First responder access cliff stability due to the major excavation decks of cliffs which includes removing 58,000 cubic yards of material Thank you and you're welcome to leave your comments if you'd like this development really desecration and dispoilment And destruction of communities Like we're seeing all over like I've seen in aptos And i'm listening to Lauding of the wireless technology I call it toxic technology And I may be a little older than the own owner here But I distinctly remember when microwave ovens came out We were warned Stand back All wireless devices emit microwave radiation a known biological hazard The world health organization categorizes this radiation in the 2b carcinogenic Same as led dbt and chloroform People report symptoms around these radiation emitting devices to be headaches fatigue cardiovascular problems memory loss dizziness And the list goes on depression Diabetes there's an increase in diabetes around cell towers and stuff So I'm thinking this is more of radiation inundation It's not an attractive Draw for me to go to any hotel that has this and I also think soon there's going to be Sea level inundation from the rise of the sea here I urge you to vote against this project for the reasons stated by members of the community here And I also find it disturbing. There were two hours in favor Of the project speaker Good evening My name is Hector as piqueta I have the honor of representing united year the hospital workers union Our national organization represents over 300,000 workers in the hotel food service and gaming industries in the us and in canada And our monorail affiliate local 43, which I am the secretary trader represents 400 for 1,400 workers in the santa cruz and the monorail counties Including most of the employees at the dream in our members Are what makes this hospital in industry tribe in these areas? Why I am here? I am here today to support the dream in expansion project at 180 west cleft tribe I support this project for two main reasons first it will likely Let the creation of more high quality hospitality industry jobs in santa cruz to be added to the good jobs which already exists In the current dream in employees Second it will be add housing to the santa cruz market Including some additional affordable housing affordable housing is especially important to hospitality industry service workers Like those who work at the dream in With our members having long commute from home to go to work each day A project that offers affordable housing close to where the people work will have a positive impact Uh many of our members drive from Watsonville into santa cruz to work here at the dream in As stakeholders in the hospitality industry in the santa cruz community We look forward to continue to engage with you in this important project And we ask you to approve the project as proposed On behalf of our 1,400 local members of local 43 We want to thank you for your time Good evening mayor and City council members My name is Sergio rangel president of united here local 43 hospitality workers union So why we are here? So we are here to support this project right and uh, it's very simple right to to do this Why affordable housing is one thing that is very important everywhere we go Go job condition right when I say good job condition means You have a worker worker in any area that worker supposed to head You know better wages insurance from there is and for the families Better job condition Right and secure the working families for the santa cruz This project brings all of this and believe me believe me I have 20 years coming over here to santa cruz. This is a beautiful area Right to come and enjoy and bring business to this place and this project will do that and I can tell you one thing even traffic Not will stop people to come here You should be proud to live here and also to protect this project for giving more opportunities To the working people of the santa cruz. This is the time that you guys Pass this project for the working family people family people from santa cruz Have to be first. Thank you so much Good evening My name is russell weiss I'm a 32 year resident from laguna street about four blocks away from the proposed development There are many reasons to be concerned about the proposed 190 west cliff development I sent the council to previous emails about Two two of those issues the first was How an existing Add traffic situation will be made significantly worse by this development and to How the cumulative impact of development along the access routes to west cliff and the wharf will cause gridlock Gridlock already exists some of the time, but it will cause considerably more gridlock and prevent emergency Vehicles access to those areas I don't believe these issues were adequately explored in the 2030 general plan so Um, I think they they need to be explored in an environmental impact report Of course, there are many other valid concerns besides traffic and safety Including the legality of the actual building height which you've heard about The effect of the massive underground excavation, which is dependent on just one analysis To date impacts on clearview court and the neighborhood, etc But you council members have an opportunity tonight to require this project to undergo a full EIR The project checklist that has been Done so far I I believe is incorrect and inadequate on many impacts As previously mentioned often it's just a checklist no impact So please require a full Mayor council members jillian greenside I read from your staff report of the purpose of this district It says the purpose of the motel residential performance overlay district is to establish and control uses to ensure development Which protects neighborhood integrity While supporting appropriate uses and that seems to have been lost in this picture We're nibbling around the edges But actually if you stand back from it The impact on clearview court is just not acceptable on any level given the demographics of that community This is too massive For this site and this purpose And I think that an EIR is a no-brainer here because None of the impacts specific to the site were studied previously that intersection the trees the crosswalk The streams that will be Diverted as you go down two stories for the park underground parking garage That checklist isn't based on a proper analysis. It's based on a quick look at things I saw quite a few mistakes in it and I'd like to mean I see times running out In terms of heritage trees, I sent you a photo Of that tree that will be gone that major tree the first one Our heritage tree ordinance states that You can only remove a heritage tree If the design of a project cannot be altered to Accommodate it the very first moment that these folks stepped into planning Planning should have said we have a heritage tree ordinance design something that protects those big trees I'm not talking about the other 50 ones that are going I'm talking about those iconic trees that I've seen every day for 45 years and they are Hello, I've been your greetings from World of Life Church of God and Christ on the west side of Santa Cruz I don't know a whole lot of you and shame on me for not knowing the people who govern us I do know brother Glover here. He has came to our church a number of times and And frankly, I got to say you're doing what you said you're going to do so I have no qualms on you But one thing I want I do want to say I do Agree with this project Our church we run a food pantry out of there. We We do the Thanksgiving feed in the park. We do a Christmas program We're holding down the west side as you can see they're destroying churches So it's very important that the churches are represented And not only are the are the churches represented, but they have people in there that need housing Now I've lived here almost all my life at least 50 55 years. I'm 62 years. I lived here I came I did mark and saw when I was really very young. So I lived here for a long time I seen Santa Cruz grow and I'm gonna tell you the flavor of Santa Cruz. It's it's losing a little bit But you know what I've worked 10 years at the slave pit by the river. I'm referring to ak sauce tannery I put 32 and a half years in at the metropolitan transit district just retired two years ago and I still own no house I'm a working poor just like a whole bunch of these out of folks is and I hear people say Oh, the rich people gonna get these houses. Maybe I may get one of them If the Lord say this and maybe I may be able to afford one of these houses I've worked here all my life. I got family here. My church is here and I still don't own a house I'm still paying rent. So if you can do something say yes on this project My name is Gretchen. I'm a longtime Santa Cruz resident and I currently live on west cliff about a mile away from the proposed project One evening last spring. I was home alone laying on my couch reading an op-ed in the sentinel a housing op-ed The author was arguing that changing the r15 zoning that applies to the majority of the upper and lower west side Was the solution to our housing crisis? It was dry and boring material Until the last paragraph when the author asked the reader to close her eyes and imagine the empty bedrooms if any in their home And then imagine the empty bedrooms in their neighbor's home and then the empty bedrooms on the whole block The emptiness and sadness I felt was deep The really realization I had was we are not building homes that suit our population We know that density is green. It's more energy efficient and encourage walking and biking But it doesn't look green It looks chunky and heavy and tall In order to change that perception there's got to be an aha moment and a shift from Trees are green to high density buildings are green The truth is paradoxical And the answer is right under our noses The housing crisis is a density blindness crisis Traffic safety suffers from density blindness too In dense areas automobiles traffic slows down Pedestrians and bikes take over and we are safer The 190 west cliff project offers 89 units of high density housing increases pedestrian and bike safety Offers space for local businesses and services for local residents. So here's our choice parking for cars Homes for people public safety and services Parking for cars Homes for people public safety and services. Thank you for your time Good evening mayor walkins and city council members My name is Brenda Griffin and I am the president of the local NAACP And I want to let you know tonight that the NAACP supports low-income housing I'm also here to advocate for those who are marginalized Those who feel like they do not belong in Santa Cruz anymore. And that's shameful I'm not I'm not going to about to tell you anything that you don't know or anybody in here hasn't heard But I'm going to reiterate it because it's important We need low-income housing in Santa Cruz for our working class community members Our family members and friends are being pushed out of Santa Cruz Because it is because of its unaffordability to rent a decent place let alone purchase a home People who grow up grew up here can no longer afford to live here, especially black and brown people Santa Cruz has a hard time recruiting teachers of color. I asked the question the first response is It's unaffordable to live here. We need more people of colors teaching our children of color Perhaps that's true of other city and county agencies. I don't know, but I know that we need more low-income housing Some of you make convincing arguments for supporting Affordable housing low-income housing, but your actions do not support your arguments You have the authority to clear the pathway for our low-income earners to become homeowners Please make it happen. Whatever you have to do make it happen Oh, I'm running out of time. So here's what we like to see We'd like to see these low-income units be allotted to Santa Cruz county residents The units should not be sold as income property Low-income owners hopefully will be offered the most effective financing and pricing available And we hope that more low-income housing will be built. Thank you Hello city council members George how I was born here 76 years ago in the Santa Cruz in the Santa Cruz Chinatown the fourth Santa Cruz Chinatown Thank you very much for the Chinatown bridge and allowing the monument I'd like to say one thing the people that were losing their homes on Bixby street and I hope you helped them And it's terrible. Now. I think back to our family history Before my birthday, we couldn't own land. So we were renters. We had Housing insecurity just like these folks The Chinatowns were wiped out by say, well, you're out and and and that was all there was to it The fourth Santa Cruz Chinatown The first three Either were burned down or they were just kicked out. Okay So I hope you make it so that people aren't evicted. I also hope that you Make this project work. You are very smart people. You have good hearts. Let's make it work. Let's find a way I like to ate Very low and the other two low That's better than a kick in the pants It's good. Now the other ones I might move into the other ones I might give up my five bedroom house with With the side unit and move into one of these and then and then everybody can live one or two bedrooms One or two to a bedroom in in my house and that could happen a lot Maybe chris won't be able what's gonna happen chris is we're gonna get all we won't be able to get up and down the stairs And then we need something like this and then we give up our houses and other people move in also. I like to say that A lot of the the 85 units will be people who can work and live in santa cruz I'm kyle. I live in some of the units nearby at 200 west cliff We're really happy to be there. It's a it's a really walkable and bikeable community for us But I'm I'm primarily here because I care about getting more housing and santa cruz We should not have to be in a bidding war between other families just Sorry, just to get a house for our kids If if this project was up we probably would have also bid it on it But we had to go for the one that we did It's it's been hard trying to get a home for the last Three years and I'm happy to have one now for my kids And I just want to see more homes go up I'm I'm tired of people Stopping other homes from going up. I want more homes for people. I want to say yes to people and yes Yes to housing. Thank you Hi bruce thomas again do four street I represent a whole bunch of neighbors up there. We had A very terrible situation thrust upon us through through a planning process that led to some gaping holes We got the delivery trucks double parking after a year asking for help Things the not all the homework was done in that planning process So I like the idea of more housing. I'm very supportive of it But we got to listen and make sure I didn't see a loading zone in the plans at all And what are they and when someone's talking about the garbage trucks? Yes, they'll comply with the laws. They have an exemption to the noise ordinance because they're considered a public Facility So there's things I think a little bit more homework needs to be done to make sure this is done right It's great. We want to have these housings. I like the design in general But things like loading zones So they have you're gonna have delivery trucks driving up that little hill from the roundabout by warf avenue And someone already there's people who've been hit by cars at that intersection cross from dream in across the way Traffic and safety really needs to be scrutinized Loading needs to be factored in it wasn't on do4 street and we're still suffering in consequences It's a safety issue traffic. It's a public health and safety issue So I say it's a good sounding project and err would be fundamentally Assure help Reach assurances on the impacts that this could really have and yes, let's get more housing in this in this community And do it in a smart way and complete way. Thank you Hello, my name is dustin benney. I've been a resident of the west side near the dream in for 10 years now Please let me make this very clear that I am strongly opposed to this development for several reasons The project is far too massive for the tiny and already overcrowded and congested intersection of bay and west cliff It will undoubtedly increase traffic and slow emergency vehicle response times Not only in terms of vehicle vehicular traffic, but in terms of pedestrian and bicycle safety Have always been a huge concern for the surrounding intersection Public works even has even gone on record saying that traffic in this intersection and surrounding neighborhoods Can not be mitigated even with intersection improvements. So I ask you why are we considering over developing this already congested intersection? Proving this development will only exacerbate the problems that already plague this major corridor to the west cliff in the greater west side This project has has received far too many exemptions exceptions interpretations of santa cruz building codes zoning requirements elimination of height and density limitations development and the elimination of Development and the elimination of street parking made to benefit the developer at the expense of the surrounding neighborhoods and coastal environment including not actually requiring a full environmental impact review Even in the inclusion of commercial space in the development when the site is actually zoned for ancillary hotel and residence only Did you actually know that the parking plan for this development only includes one guest parking space per four residences? And with street parking already eliminated the overflow parking will undoubtedly flow into the surrounding neighborhoods Please recognize that high density residential parking or excuse me Residential housing does not mean that there is more housing that can be afforded for working families within our community In fact building any especially 79 more market rate luxury beachfront condos We're only exacerbate the overpriced housing problem our town currently faces Many people argue that santa cruz needs more needs more housing But in reality this project only caters to the ultra wealthy that can't afford it while providing minimal affordable housing to our community If approved this project will certainly drive a wedge into our community and only cater to the exclusive and all-inclusive lifestyle of the dream Thank you Hello, my name is evans rokey um behalf of santa cruz ymb and voice support of the project we had I think around over 60 people signed an online petition in support some of the names should be in uh packet Before I go further just want to state this This project is general plan compliant. Therefore the housing accountability act Requires you to approve this project unless you make specific findings. Please do not violate state law uh, so All right, let's get real every time Kind of project like this gets proposed four stories to her hire People Say we need a full er even though the city is already done like er is all these studies. There's been so many studies that have already happened and every time people complain about the traffic so much that seems like actually providing housing for people isn't really a priority and a lot of times there Species complaints about the lack of infrastructure and water When really like the city's like seems to be spending more time invested in like opposing You know, you see I see growth plans than planning for growth. I mean I don't like that and Even after we seem to have come to an agreement sometimes, you know lawsuits happen after all this so there's really not a lot of good faith I feel in A lot of people that are opposing this project and We're trying to save a parking lot really come on so It's time to start for the city to start welcoming change in a productive way instead of Giving so much weight to people who oppose anything taller than three stories The city is being held back. It could be so much better if it wasn't wasting so many resources trying to stop going Please bring the project Good evening council members. My name is George Lewis I would like to state for the record that 1066 signatures in opposition to the dream in the 190 west club project have been collected by the safe Santa Cruz west side In response to their online petition petition In addition an additional 40 signatures were collected individually by a member of our group These are printed out of the petition and these 1100 approximately signatures I've handed to to bonnie and she's passing around to the council members. I also gave her two photos I appreciate if you look at the the photos first I'm opposed to the dream in project and believe a full eir is required I'm opposed for many reasons, but because of the time limit. I'd like to focus on the trees The developer plans to remove 50 out of 55 trees And 12 out of 17 heritage trees Including two canary island pine trees that are approximately 100 feet tall The environmental checklist quoting from page 13 states quote The trees proposed for removal are not visible from a wide-ranging area and are not visual visually prominent or distinctive I strongly disagree if you look at those two photos You can see the two tallest trees are designated for removal You can clearly see how large and visually prominent The trees are Looking from the war for those photos were taken these trees provide a beautiful backdrop to the cliffs They are a valuable scenic resource that have taken decades to grow. Thank you If I could ask you to please lower your sign so that you're not obstructing the view of the person behind you Jim Conway from clear of court Mayor Watkins and council members In 2004 the city of Santa Cruz broke its promise to the homeowners of clear of court by stripping on where our rent controlled In perpetuity we signed agreements under the stress to accept a 34 lease 34 lease with a new owner This was approved by the city in favor of the developer's interests Now once again our community is threatened by a new developer Our affordable our affordable community is 68 families Is at the risk of a serially of a severely reduced quality of life due to the monstrous size of the 190 west cliff project You say you're advocates of affordable housing But to get 10 additional affordable housings you're allowing 68 households at clear of court to be Typically impacted by the shadowing of a 56 foot tall structure The traffic noise and emissions from a 20 foot wide two lane roadway That's within three feet of our homes and the unknown effects of a construction vibrations to our homes Located within 10 feet of the shoring and excavating work that would be done None of these three items have been properly analyzed or studied for the significant for the significant significant effect To our community as required by sequa Sequa clearly states that when using the term when using the tiering process that the city is provided in lieu of a full EIR they must according to the public resource code section 2108 3.3 Approval shall be limited to the effects on the environment Which are peculiar to the parcel or to the project and which were not addressed as significant effects In the prior environmental impact report this process has clearly not been done No place in the environmental checklist of may 20 2019 or the revised september 29 checklist is a shadowing from this project on the clear view court Analyzed the required noise vibration study requested by the planning commission to address the effects on clear view court Is not mentioned anywhere So because the developer hasn't met the requirements to sequa. We're requesting a full EIR Hello council members. My name is charlie vaskey. I'm here to say yes to housing I think of my friend and co-worker nicky and her partner and son who work with me on the far west side She had a long commute and poor moldy housing in the mountains and her family needed something better For months. I saw them on the weekends at coffee shops and stores as they made stops while apartment hunting They sacrificed weekends for months on end looking for housing closer to work They sacrificed over a thousand dollars in apartment application fees before somebody finally said yes to them Just so she could reclaim some of her life from her commute into santa crews This is a mild story for this town, but I tell it because this forest is considered a success story Tonight you can help 89 families like niggies find housing closer to the work that cuts down on their vehicle miles and cuts down on carbon emissions The housing money that these 89 families spend will go to the construction of new housing Rather than putting them in competition with other families for limited housing and driving up rents further Their money goes to building housing for 10 families who can't afford santa cruises outrageous rents When you say yes to this project you are helping real people our friends and colleagues If you were to say no, you are saying no to housing real people You are saying no to those 10 families that can finally get affordable rents in an unaffordable city It's saying no to following state law It's saying no to housing an entire generation of people Saying no means continuing an environmentally unsustainable city plan Pushing people to longer and longer drives Saying no means exclusion You have affordable housing in front of you right now. I urge you to say yes Good evening. Tim will be speaking for affordable housing now In our submitted letter we pointed out to you that this is an unusual an unusual project because of the very low Income units most of these projects are always on the high end rather than on the low end So this is very unusual and those are the most needed Units in order to meet your housing element as you saw earlier I mean, it's a huge difference You may be surprised to know That these 10 units these 10 affordable units would add over 1 percent More affordable housing units to Santa Cruz Now 1 percent might seem small to you But that's a pretty significant number for just one project You might also be interested in knowing That this kind of project Accounts for 23 percent of Santa Cruz's affordable housing units So just imagine if all those market rate projects had been turned down by previous City councils we'd be short 23 percent more affordable housing units and finally I'm glad the previous speaker Talked about this because this is something that's very important a lot of people get all upside All these are going to be high income people in these other units Yes, they are going to be higher income Citizens of Santa Cruz But the way this works is when they buy those units Part of the money that goes for those units is used to pay for the low income units Okay, so those people are paying for the low income units Now not only are they paying for them, but they're all going to live in the same building Now that's what I call community and that's what we need more of in Santa Cruz Support this. Thank you Good evening. Mayor Watkins city council members. My name is mark misidi miller I'm a 36 year resident of the city. I'm a professional civil engineer I am uh, it's been two terms on the planning commission here And I am a longtime housing advocate in this community I'm currently involved with the copa housing team and i'm working hard to Provide more housing in our community We're in a housing crisis We're still in a housing crisis and I urge you to approve this project Because the only way we're going to get out of a housing crisis is to build housing This is exactly the type of housing we need. It's a mix of units different sizes one two and three bedroom units it provides housing for different levels of affordability Especially as many people have mentioned 10 Affordable units eight of which are for the very lowest income levels The city is committed to building 180 of these and In the eight years that started four years ago so far you've got 12 I think adding eight is really significant. I think this is worth doing and ought to be done I can't think of a better use For us of a surface parking lot Than to provide housing The citizens of Santa Cruz, please approve this project. Thank you Hi I'm stu phillips city resident. I love Santa Cruz And that's why I've been a resident of Santa Cruz county for 60 years There are so many issues with this development development that need further study that a full eir should be required And I want to speak to traffic In the crosswalk in front of the dream in lobby. Some people have already mentioned it Here is a quote from the assistant public works director chris niter The city cannot make significant intersection improvements to address the area's worst peak congestion But could aim to improve average conditions Keith higgins Who did the pinnacle traffic report said similar things What they are saying. I think is that many many gridlocked days cannot be mitigated This should automatically trigger an eir And this will have the significant impacts in the neighborhoods. There's thousands of homes On the west side Another quote from page 53 of the sequa exemption doc Says pedestrian volumes exceed peak hour volumes for a mid block crosswalk Now they're talking about currently Before they account for pedestrians coming to and from the proposed 17 000 square foot of commercial space cafes restaurants markets spa plaza pop-up Music events hundreds of people will be using this Mid block crosswalk in front of the dream in lobby People will be coming across the street the hotel guests People will be coming up from the beach wharf and boardwalk to this complex And every single person will be crossing this mid block crosswalk every single one Thank you Before you get started I want to make sure there's no other members of the community that are wanting to address the council on this item The two in the front and then the gentleman here on the left. Okay All right, if you could step forward so I can get a sense of how many more people are wanting to address the council that would be great Okay, so okay So we'll have the three in line here and the two in the front who are seated as our last speakers Okay, go right ahead I've noticed a lot of conflicting goals of some of our city policies in regard to this project I'm going to go ahead and pause you bunny. Could you please start the time? The goal of reducing the greenhouse gas emissions will never be achieved if our city Planning department and staff continue to defend a project like this one that promises at least 1500 additional Car trips that will Definitely be idling in bumper to bumper traffic for blocks or for miles As a woman earlier said three miles Commercial should not be allowed at this location as it will be the main draw for the cars Vision zero is another concept that we desperately need to heed as our statistics for bike and pedestrian injuries are already among the highest in california We have read the staff report that claims all will miraculously be safe But we are all well acquainted with the dangers that already exist there And we are not at all feeling assured that mixing bikes pedestrians with the new roundabout and the 1500 Additional or more will help in achieving the zero vision zero goals health and all policies was a great Concept also and for the people who will be hit and injured. That's not really good I don't think it will be reducing automobile dependence as was pointed out when you can say that 1500 cars will be coming I don't see how that's reducing automobile Dependence and it's making it more dangerous for pedestrians and bicyclists. Thank you mayor council members matt where to Housing program manager with the monterey bay economic partnership and board member for the nonprofit housing association live in california I wanted to focus just for a couple of my time here on the state density bonus law I think we have a really unique opportunity to really Look at this project in the new light this new era that we're approaching here in california where we have to We're not ever going to solve our affordability challenges with subsidy by itself With the traditional redevelopment agencies going with all these different tools that we had in our toolbox are we're starting to rebuild those But it's going to take a minute. So the fact that we have a strong Market rate for profit company that's actually stepping forward and doing What this Very special program it was designed to do There's actually very few takers when you look at the state and you look at even the bay area Very few market rate for profit companies are actually doing and utilizing the state bonus density So we have an opportunity here to actually achieve some unique income levels That are on par with actually other 100 projects You don't have to look very far and look down the street in live oak And it took years and years and years of compiling compiling Subsidy and subsidy and actually using county-owned property to get the habitat project going there in live oak Just an example. This is going to actually match and if not even achieve greater affordability than that On the as part of this this larger Development and I also want to highlight the fact that we did take some time looking at this this past year And in fact, we've we've been offering an enhanced density bonus Provision and the county of santa cruz is actually In involved with that and taking the the time to look look at that because we're talking about not only a 35 percent State density bonus, but we're saying you can go and use a 50 percent density bonus And in fact the state likes this concept so much that they passed AB 1763 which was signed by the governor and allows for 80 percent for 100 projects Good evening, and thank you for uh listening to us here today I do support um additional housing, but I don't feel that this is the proper place for it Climate change is real the seas are lot rising the two-story down below parking garage will seriously impact The delicate habitat of west cliff drive Um, additionally, it's not just a parking lot. It's also a migration path for many birds Our whole bird population is 25 percent down less less now We need to save this beautiful sanctuary that is the gateway to west cliff drive I really request that at least at the very minimum a full environmental impact report be done. Thank you As the sequel attorney stated tonight For unusual circumstances An eir Can be done This is the gateway to west cliff drive. This is some of the most iconic scenery in the whole entire town This is a tourist area. This is an area that brings revenue To our dear city. It is an important area That means it's an unusual circumstance. That's why we need a full eir. What's to fear? Nothing, right We can do it because it's important as you've heard here tonight Everyone's here because it's important. We're here so late because it's so important We don't want people hurt on that turn stall. We're pedestrians hurry across after they've had fun Now let's hurry across but wait the traffic just backed up because they still want to cross They want to cross on that on each site. They want to cross. What are we going to do? Well, we're in our car and we have to go but it's a turnstile But we have to wait for the pedestrians. Well, wait a minute. That's really dangerous. It's already dangerous there Our traffic studies need to be done in the summertime when it's peak time because we care about human beings We care about safety. It's our responsibility as other human beings We need to care and do the right things Having a full eir because it is a special circumstance No doubt on that number one number two safety of lives We don't want to get written up again for people getting hit on bicycles That's bad for our town and it spreads people have told us about it in southern california What goes on in santa cruz? So we don't want more of that. We want more tourists to come We want more people to enjoy our area. Thank you Good evening. I'm scott graham. Um, I know a few of you at least want to the uh San francisco mime troops show this summer and it was about uh pirate developers And then their their most famous thing that they do is dangle affordable housing Look at the affordable housing. Look, you know, I'm in favor of affordable housing But it's not worth having affordable housing to pass a bad project There's a number of things wrong with this project The most glaring one is traffic there's uh traffic The traffic circles Work this time of year and the summertime they don't work The tourists don't know how to manage them Plus even in this time of year, they're bad for pedestrians The traffic circle at pacific and center Backs up center street all the way to the fire station Sometimes in the summer I can't imagine what one on west cliff would do it would probably go out past the the uh Out past the surf museum. It's you know, that's not a solution Then the height problem um The height problem could be dealt with by getting rid of the bottom floor Get rid of the commercial aspect of this the commercial aspect is one of the biggest problems with this whole project If there is no commercial aspect to it if it's just housing, I think it's a much more palatable project so Do a complete e r a on this they're using Environmental impact report from over 20 years ago To check their checklist the the beach south of laurel environmental impact report. That was over 20 years ago That's not valid anymore That would be your time to speak you'll be our last speaker. They're all deaf. You're our last speaker It took me two years living in my car while working full time to save up enough to buy my small home in clear view I signed an irrevocable In perpetuity Rent control that I could not sell my home above a certain price. So I thought I was safe The city reneged on a few years later The whole city council said yes to it along with hundreds of other contracts to benefit a wealthy developer The hispanic family with three kids was the first to leave they just left their home behind Their chance at having a home gone Now we're being forced to defend ourselves again from long reaching permanent impacts from a project That would destroy the livability of our community and put cost and health risk burdens on us We are a community. We were a community. We were all owner owned We babysat for each other looked after the elderly when I couldn't even crawl with my pneumonia My neighbor took me to the doctor. We can't afford to move We need you to exercise your authority for sound and responsible decision making that protects the public and our neighborhoods Consider alternatives and at the very least request an eir Thank you So that will conclude public comment I'm going to go ahead and honor the applicant's request to Reserve the remaining time if they have any additional comments they'd like to make at this point I believe you had two and a half minutes or something of that nature Hi, good evening. My name is frank patrilli. I'm a land use lawyer to partner at the law from reverend fox Um, I don't think where we have time certainly not in two and a half minutes to kind of go through an issue by issue Uh rebuttal if there are questions we've got a team available Obviously the city has a lot of resources too and I'm sure that there will be kind of a robust Q&A When the council takes us under deliberation later tonight Um, one thing I did want to speak to though is Sequa is complicated The nomenclature is unfortunate because terms like exempt terms like streamlining are used and it's not remotely intuitive So I wanted to take another shot at kind of unpacking Exactly what the city did in terms of the environment review because the suggestion is It wasn't exhaustive. It wasn't thorough and that's not quite accurate Um So when the city prepared its general plan what it looked at was Growth projections for the next call of 20 years and the environmental review that was done looked at things like infrastructure, water, energy, utilities, a whole kind of spectrum of impacts That EIR was done in 2012 So for projects that deviate from the general plan or requesting kind of a rezoning are different You know broadly speaking from what the city's big picture kind of growth projections were A different process would have applied our project is consistent with the general plan It's consistent with the zoning and so what Sequa dictates basically is For those big picture kind of infrastructure type impacts, right? You don't need to replicate that analysis. So, uh Again issues like energy water supply infrastructure kind of citywide macro type stuff That was tiered away and instead and there's no um Admittedly the general plan EIR did not look at this parcel It did not do kind of a project specific parcel specific analysis for anything citywide That's not what a general plan EIR does So here what the city did starting about a year and a half ago Was um Again per what the statute requires Start having experts prepare studies on air quality cultural resources archaeology Traffic which took about a year and a half and a lot of back and forth with public works To figure out whether there were peculiar impacts and the result was a document. It's called a checklist It's not really a checklist if you read through it That says, you know, we looked at all of this there were a bunch of different studies that were commissioned The analysis really was exhaustive Uh and thorough. I mean, that's about the same amount of time that it takes to prepare any IR And the conclusion was that um really none of the criteria Is it worth going through this further or do you want to revisit kind of make q and i If if council members have additional questions, we can go ahead and have you speak to it at that time So, but thank you for your I wish I had been more concerned. It's a saint and concise, but it's hard I recognize that I want to um just thank the community for being here Like many issues that come before us We hear perspectives on both sides and in the middle and it's important for us to hear from you all I know we're approaching a later hour Be I think we need a maybe a two minute stretch break and before And then we'll return back to council for action and deliberation and I'll just um sort of Acknowledge that we received a number of emails from our staff to try to get some of our questions Answered in advance. So when we return um to ask the council to ask the questions that are going to need That you need to inform your ability to make a decision this evening as I know a number of our community members are wanting to see The council's direction in this way. So we'll go ahead and take a two minute break and then we'll return back for uh questions in action Right We'll go ahead and uh call our meeting back into session If I could get your attention, please if you wouldn't mind taking your seats and either taking your conversations outside or Keeping them inside Please cease your conversation so we can go ahead and continue this discussion I appreciate that So we're going to go ahead and bring us back to The the topic before us. We're at the time where we are going to have any final questions from council um addressed and then um action and and deliberation And I believe we left it with council member chrome for questions then council member brown then vice mayor Cummings and um That's and then council member matthews. That's the cue. Okay Council member chrome. Thank you bear. Uh Just wanted to just kick it off with um a question about um And I think it's for the city attorney the california environmental quality act states that any proposed project That might have a significant adverse impact on the environment is automatically required to complete a full eir Um, how do you read that? Well, I I think you have to look at it in the context of the analysis that's been provided um a lot of of work and analysis has gone into the process that led to um the environmental checklist and the and the um Manor in which this analysis has been brought forward. Um, so I don't have really anything to Say that is different from uh, what miss teller Advise the council earlier in the hearing So you don't think this project might have a significant adverse impact? uh The issue is whether or not it would have a significant impact That is different From an analysis of environmental impacts that was contained in the in the general plan eir Whether it's something unique to this project in terms of the specific environmental impacts that were required to analyze that um That wasn't addressed and mitigated by the policies contained in the in the general plan Okay, I have a series of quick questions. Hopefully um the Six foot easement has it been memorialized? It moved to seven point six feet. Is that right and is it in the um Coa I don't think that question is Should be directed to me. No, no, I'm directing the staff. Sorry. Excuse me Yeah, um, I might have to go back and look at the exact details of that But um, my understanding is that there are several of the um mobile homes that currently encroach onto this property and um addressing concerns with how close those are to what would be the wall or the the driveway um, the applicants have offered I believe is it Is it a foot and a half? 18 inches um a dedication or not dedication. I should say it's a an easement to for basically Uh for use of that property So it's not a six foot easement That goes to seven and a half feet or it's just a foot and a half Do you mind? Yeah, clarifying. Can I clarify? Thank you. There's all there's already An existing recorded easement on the title right for six feet So this would be an increase of that by 18 inches. So yes, your math is correct And what about the um the sound wall doesn't eight feet make sense over six feet? Eight feet is acceptable to us when we met with the clearview court residence Some folks wanted six some folks wanted eight And uh and we're We're amenable to making it eight feet tall. Thanks. It would be appropriate to plant trees to sort of soften that view in that area I can I can direct um the question in terms of the the specifics of the planting to joney janec here our landscape architect but there is uh plans for uh planting along that wall to all to also soften the edge There's a and jony can pull up the uh The site plan here if we Good evening, my name is jony janecky, um landscape architect on the project So, um, I think you can't see it up there. Can you see the on the screen down below? Okay I think we're not hooked up. So i'll just describe so along the edge is a combination of um Vines, I'm sorry. We can we see the same thing Julia, can you switch to yeah, I and you know, I thank you I don't know how to switch it. So pardon me. I was just going to keep going and speaking until it gets on um, so so the The idea along the perimeter planting is to do a combination of of tall shrubs trees were possible were space permits and also Vines so we do kind of a layered approach And get as much buffer between both properties as we can all the way around Okay, and another question from mr. Sales about um, thank you. Thank you The uh Short-term rentals, um Why wouldn't we want to put that to bed? Why do you want to hold that out as an option? Um the uh homeowners association documents will require the residents to abide by the city's short-term um ordinance and provide for financial penalties For any homeowners that break the rules and regulations. So in addition to the city's enforcement There would be enforcement by the homeowners association for the short-term rentals Thank you, and oh what about um The process that is followed by by selecting applicants for the affordable units. Um, what if the process doesn't yield an eligible applicant? Will the unit remain vacant? We're going to be highly committed to uh, make sure that those units are sold to low income uh working families um, we're going to be Outreaching to The hotel employees to make sure people know how to sign up offering credit counseling We're going to do everything in our legal power to make sure that these are not only sold to You know Santa Cruz locals, but we're going to make these as you know as easily available as possible and want to give Local workers every leg up to purchase these and I appreciate the um The cost of the low income Very low income units What are the costs of the upper? I mean this that's for 10 units So then we have like sort of 79 units of you know, what might be considered unaffordable housing What what are the what what do those go for? um I today I really can't say um, we can look at what sales prices have been across the street um, there's they've been for anywhere from about eight to 900 000 for some One and a half one bedroom one and a half bedroom townhouses on up to like a million three million four million five for some of the larger um townhouses that are like 2700 square feet um, and um There's certainly houses more expensive than that on west cliff drive um, but this uh community is going to have uh Homes that have ocean views and it's going to have homes that are on the courtyard that are 700 square feet that don't have an ocean view So there will be a wide variety of price points But I really can't uh, predict what those sales prices may be You know several years in the future And um, what about the trees? Um, there's a really fine, uh pine trees. Is there any way of working around that? um, we instructed um, our Our consultant team to look in to see if it was feasible and there's um, arborist studies That have looked at moving them and there's conditions of approval that specify Looking into, you know, what's feasible and not feasible and I can invite Joni and Janeki to come up and actually talk about the health of that particular tree um, and the circumstances around that particular tree But we've worked hard to be able to save the trees that we could And could you also address like the At feasibility in feasibility issue of like if it's feasible to move a tree, which seems like it's pretty open Well, you know it it's it's one of those things where I'll start with the second question about relocating a tree um over the years and for many years now trees have been located and Some to great success and others within 10 15 years. They've found that the trees don't survive and so um, we would like to think that they would um, the pinus caryensis pardon me the canary island pine Is um currently and has for a long time now the large tree at the west edge of the property been um Infest stated with Red bark beetle and so some of its health has been compromised and when you take The time to move a tree a large mature tree that's been there a long time You want it to be in very good health? and Even even a very healthy tree such as a canary island pine will have difficulty in transport and relocating and getting established at its new Location so the arborist his initial finding was that moving them would be High it would a long term success of relocating the trees would be Not very good. In fact his his observation over the years has been that very few of the trees survive if you Move a younger tree. It has much better rate of adapting to a new setting So that's the first part the second the first question you had is about preserving the trees along bay street and we were able to modify the the Footprint of the buildings so that they staggered and we were able to keep for the trees The canary island pine for this west happens to fall right where the edge of the parking foundation is and looking at the drip line the required drip line and protection zone of the tree canopy We just weren't able to safely do it and that's also the tree. That's in compromised condition thank you Ryan being i'm just wondering um when an applicant comes into the office as miss greensight Suggested wouldn't you wouldn't you say hey you you have to preserve that tree? So you know if you're going to build a project you're going to have to build a project around that that tree Yes, it's certainly it's certainly something that we look at right right from the beginning in terms of what trees I mean For example, you know in terms of this site if there were a large tree right in the center It's it's likely not something that we're going to be able to say um, especially with underground parking and have you if it's something that's along the edge that where you can Um manipulate the building to go around it as joanie mentioned And that's something that we're going to encourage them to Thank you. I I would like to make a motion to require an environmental impact report That adequately addresses the potential for significant environmental impacts in the following areas number one traffic number two parking number three geologic safety and number four noise And light and shadow impacts on clear view court Like to direct the staff to make initial project analysis public through the incorporation into a draft EIR and then circulating a draft EIR for comment There's a motion by council member crone. Is there a second second? There's a second by council member brown Um, that concludes your questions Okay, council member brum and then vice mayor Cummings matthews and then mires so thank you for uh the presentations from the developers and the staff I um do have a couple of questions that I'd like to just Put out there one. Um, and many of my sequel questions have been um discussed Already so I won't ask them again But I did want to ask and I think this is probably for lee or bonnie Question related to the affordability. Can you refresh our memory about the? The requirement the inclusionary requirement. I and I understand that we're not talking about additional affordability On the density bonus units. I think um, that's in just that we've you've clarified that and it's a conversation for another day If i'm reading the tea leaves here correctly but I did want to know if you could refresh our memory How many units are required and at what level of affordability to get the 35 percent density? bonus units so the city's inclusionary ordinance requires 15 percent of the base project And that is required at 80 percent of the area median income as the affordability level there are Multiple ways in which a project applicant can receive the 35 percent density bonus That's the maximum density bonus that's allowed per state law and per and per our local code currently and The way that the developer has proposed is to provide 11 percent at very low income There are two other options. You could provide 20 percent at low income or 40 percent at moderate and that is for ownership only And and those are going off the top of my head But I believe those numbers are accurate if i'm recalling correctly But I am certain that the applicant is proposing the 11 percent of the base project at very low income, which is 50 percent of the area median income So and that so relative so I understand our inclusionary Coordinates is 15 percent at 80 percent of median But there are other levels of subsidy in order to get that number of density bonus units Entirely clear what is they must do at low very low income Sure So level of for 35 percent right so so for 35 percent all they have to do Under the state code and our local code is provide the 11 percent at very low Now the 11 percent at very low Still doesn't make them fully compliant with our inclusionary ordinance So our inclusionary ordinance requires 15 percent at moderate at 80 percent of AMI Area median income and and therefore they provide the 11 percent at 50 percent of the area median income And then to make up the 4 percent that's left over to get to the 15 percent that 4 percent of the base project is at the 80 percent AMI Yes, yeah a lot of percentages there So and thank you for helping to clarify I studied the density bonus law and I can't remember all of everything and so I appreciate that But if I just to to be clear the The project is doing the minimum required The project is doing what is required in order to get the 35 density bonus and to comply with the city's inclusionary Yes, it is not going above and beyond that And we cannot require that they go above and beyond that I understand that I that's a conversation for another day Yes, but I just wanted to clarify that. Thank you So in terms of I have other questions, you know, I guess I'm I'm still wanting to Get a little more clarity on the height limit modifications the shadow Study the noise study and the um Just a quick question about setbacks I don't want to belabor these but I do believe it's important to have this conversation now because My understanding is that if we did proceed with Requiring an environmental impact report that we want to have some Public record of the potential for significant impacts, which is what we are required to do in order to Trigger an EAR. We are we are supposed to identify the Potentially significant impacts not the burden of proof is not here for us to Roof there are significant impacts. It is to identify potentially significant impacts I believe that I'm on pretty solid ground there But I so I just want to kind of go through a couple of these One related to the height limit modifications. I can we get some clarity on the the question about The the DAC versus couples and scenery lofts and Sure Before we do that. I think I'd like to invite our secua attorney up Um regarding the The previous statement that you made about whether there may be a significant impact And whether that would trigger an environmental impact report under the Exemption and reuse to the general plan EIR provisions that we're using Sure. I I appreciate that this Area of secua is complicated and it is a different posture That the city is coming to this project in then would be a project of first impression completely or one that is Not consistent in some way with your previous plans and is looking for say a zone change Under those circumstances You would be taking the More precautionary approach that you're outlining about if there's any potential what we call a fair argument under secua But that's not this circumstance. You have a prior planning EIR and under those circumstances where you have then a subsequent project That is consistent with that prior plan and zone You're looking at what did that previous EIR conclude? And is there anything peculiar to this project or site? That kicks it out of That review and it is not the fair argument standard in that instance And that's demonstrated by the language of that statute in the guidelines section itself It sets up a resumption That it has been covered and then you're looking for any substantial evidence that it will in fact Have a different effect or a more severe effect than was studied in the EIR So it's a little bit of a different posture and I appreciate the The basis for the confusion about that but it is not a situation which we're in this fair argument We've never considered developing this site before you have looked at it at a macro level in the general plan EIR and that's what this The streamlining tool speaks to and requires the city to consider that it applies Okay, so I'll go ahead and respond to the question involving the height so And this goes into pretty good detail in the staff report, but essentially the The height exception that we're suggesting be made use of for this project Includes both architectural features and roof equipment Um There are a couple things that are extending above the height limit on this project One is the stairwells for which there's no question. It falls under this requested exception the others are the trellis that provides some Shade to the roof decks as well as support To the solar panels. It'll be on top of them. So They really function as both an architectural feature as well as sort of a roof equipment function That in conjunction with the beach in south of laurel area plan Which not only includes The provision for breaking up flat roofs with with different types of architectural features But also encourages roof decks Because of all that put together We felt like this particular exception Really fit this project And I would just add if I could we did take a very close look at this and one of the additional things That increases above the height is the railings themselves And there isn't anything in the code that speaks to railings. However, it speaks to roof equipment and so forth and That is allowed to exceed as well as stairwells and the california building code actually requires that railings be put in place in certain instances when roof equipment is within proximity to the edges of a roof or if you know access Walkways or higher than I think it's 30 inches and so By virtue of the building code there are requirements to put railings in Instances where equipment is in those locations and so therefore It is also necessary for some of these roof decks and it would be anticipated through the zoning code that if you're allowing Roof equipment that you also in some instances may require Through the building code those protective railings So wanted to add that because that was a separate element that we hadn't Addressed in the agenda report, but is something that would be exceeding the 47 feet in height Thank you So I had a couple of other questions You know, I there seems to be some Difference of opinion about the level of how satisfactory the shadow study analysis Or the shadow study is whether or not sufficient analysis has been done Um and so I it would be helpful to get a little more clarification about that as well. I'm told that the That the ensemble group has you know has done this study and that it's complete, but I'm also Hearing from people and we've seen it in our public comment that in fact it doesn't look at Um It doesn't do a thorough analysis. I'll just leave it there Go into more detail, but I'd like to get hear a little bit more about that as well to better understand what that That there how we could be saying there is no significant impact when what I am seeing from people who have taken a look at this pretty closely are saying that it is going to have a pretty significant impact and So for example People are saying this is this project will permanently block solar access in the mornings along the western border all year In late fall through winter will block the sun all day on the north and most of the day till just before sunset on the west so I'm Just trying to get some clarity on that so first off We do not have a sequa threshold for Shade and shadow. There are some large cities that do have sequa thresholds I have seen that for example with shading of public parks. I have not seen that for shading Private properties from a sequa perspective. That's not to say that it isn't out there in some cities cities can establish their own sequa thresholds and that is within the purview. However, we have traditionally not identified shading as a sequa impact and there's nothing in the Environmental checklist that would identify shade or shadow as a significant impact those cities as I mentioned can require their own So so that is That's how I would respond to that in terms of the specifics. I don't of the shade and shadow study that was prepared I'd just ask if if there's anything that either of you would like to add Yeah, I'm we I haven't heard any I haven't had anyone Have any issues with the accuracy of this? I've that's this is the first I've heard of that But we I mean we certainly have architectural consultants that could peer review and look at this but Um, we Like I said, we don't in terms of sequa we're not looking at shadow impacts. That's not part of part of the sequa review um in terms of us looking at it from a design review standpoint um I think what we want to do is try to diminish the impacts as much as possible Um, and I think and are looking at the setback requirements along Um, both of those the western and northern property lines Um, I mean the first floor could be at eight feet And I'd have to look back and see what exactly it is. But the setbacks That are provided along both of those are uh, almost almost in some cases double of what our zoning code requires So certainly the buildings have been stepped back Quite a bit more than what would be normally allowed and in that case we look at it as That is reducing shadow impacts Because of that extreme setback And I would just add that if it pleases the mayor and council the Consultant who prepared the shade and shadow study is here and available if if you have any specific questions for him No, I think I'm good on that. Um, thank you. Uh, the next question is related to noise um I see that a noise impact analysis was done uh as per the recommendations of the planning commission and I Did not see um I guess I'm I still have questions about the The impact at peak hours and the impact on the road that runs along The driveway that really is going to be have a lot of traffic. I imagine On the the side of the project that runs along clear view So I'm just I'd love to hear a little bit more about that why it was why the noise impact study was Done in such a way as to I know where the points were selected um and I just I'm not clear that that analysis gets us to an under a real understanding of the impact for clear view Sure, I'll try to explain a little bit. Um It was based in part on existing noise measurements that were taken one was at the new Entrance off of bay one was taken on the other side Where traffic would be coming on the valley traffic would be coming Up from um west cliff and then one at the beginning of the site. So it established a baseline of what the existing ambient noise levels are and then um Analysis went through three different operational noise Possible changes in operational noise So the traffic into the parking structure from bay Is based on various studies that look at traffic volumes and the noise that is generated And there's just certain thresholds of traffic numbers of cars And it's it's relatively significant the amount of cars that have to Occur in order for a change in an a decibel or two in the ambient noise level So the analysis was based on that with the traffic going into the bay. It's going into the parking garage. It's underground It's sheltered And it was found that there wasn't going to be any noticeable Change in the noise levels resulting from that there was also an analysis of Noise effects from the fans in the garage and those were also screened and sheltered and um Wasn't found to have a significant impact. And then lastly the noise levels related to the Mechanical equipment on the roof which again was sheltered and also was not found to exceed the noise levels of the city's regulations which Generally do not permit a noise level increase of more than five decibels at the property line Um, and the study also did look at construction vibration from the excavation for the parking lot and it did not meet the thresholds for annoyance or structural damage Thank you. Um, I guess and I did read the study. So i'm familiar with that analysis or the what was done But um, I guess maybe a follow-up question can you Say something more about how the ST 1 2 and 3 I'm looking at the Locations how those were selected That was based on the professional judgment of the acoustic Person was working on it, but clearly st1 is where the new entrance is and that was one of the concerns That was raised at the planning commission And st2 was on the other Road that would be used by vehicles and again the the vehicle traffic was a concern and um, I think the the Front was just to get a ambient reading of what the noise levels on west cliff drive are are like and they also Did do a summary also with the existing traffic at those two streets Bay and west cliff just to determine the existing ambient noise level Okay, and that one's not one of this Bay and west cliff, yeah Thank you I think those are all of the questions that I have For staff and thank you Developers as well Vice mayor coming just wondering somebody from the developer team could maybe come up I have a question regarding the studies that were done That led to the exemption and just wondered if you could speak to What studies were conducted because with regards to this checklist my understanding based on The reports and everything that's been done is that there were a number of Studies and analyses that were done on this site with regards to traffic As we just heard noise In a variety of other studies that were done geologic to to make the determination that this project would be exempt And so i'm wondering if someone could speak to that Sure, I would be happy to Um Yes, there were a number of technical studies that were prepared and some of them peer reviewed Including traffic All listed in here there's traffic there were two geotechnical there was a geologic in terms of the slope stability Well, there are a couple of traffic there's a traffic peer review by the city's consultants Um archaeology that also included um, there were two archaeology reports one included some subsurface testing arborist reports stormwater drainage plan The project photo simulations There was a traffic demand management plan that was prepared and peer reviewed by the city's um Transportation consultant and I think Oh air quality and energy analysis as well as the noise analysis that was prepared after the planning commission And they're all listed in the references in this sequel document Thanks, and by meeting by having these reports conducted And having these these technical reports conducted. This is what led to The decision that an exemption was appropriate rather than an eir I'm going to let sabrina explain it. Yeah a little bit more articulate this time of night than I am How articulate at 11 30? my best um So I think it's important to note that they these studies This is the same level of study you would That would form the basis for an eir in other words you start with the technical studies you say You know, first of all, we're looking at a project that is consistent with the land use designations And then we look at in order to determine Whether it has any peculiar to the project or parcel Then you do all these technical studies and the conclusions of those studies would drive The conclusions of significance and consistency with the general plan So if you had a traffic study then that said, you know, you're going to completely blow up Blow up those intersections, you know, well beyond what was predicted in the general plan or beyond The levels of significance that were set or deemed acceptable in the general plan Then that might be an impact that is peculiar to the project or the parcel That might then trigger further analysis in an eir But because of the conclusions of all of these The conclusions were that either there would be no impact Or that the impact is within the levels predicted in the general plan eir or assumed for this kind of development Of this type Sorry, I'm losing my train of thought Basically, those are what drive you staying in the exemption or not And so again, as I mentioned before In order to um to trigger a new eir You would have to cite to substantial evidence that demonstrates that there will be A new significant impact or one that wasn't Addressed at all in the general plan eir. Does that answer your question? Sorry a little incoherent at 1130 fine During public comment and this um, this might be a good question for you might be a good question for tony, but during the um During public comment Many people from the public were saying, you know deny this project For a variety of different reasons And my understanding is that there are and what I really want to you know, get the community understand is What is the legal basis for us to be able to deny a project? Um, because my understanding is that there are a number of assembly bills Um, specifically assembly bill 31 94 That makes it um difficult for municipalities to deny projects just based on um, well that when they don't have objective standards so I'm wondering if you could speak to In this situation one What is our ability to deny this project and what would be the consequences for denying a project based on the state law Okay, so um, you do have a another attorney here that is your expert on all things housing law and density bonus related And I think those are the provisions that you're interested in hearing about Not to my knowledge Is there anything under sequa that would prohibit you from denying the project? But there may very well be housing and density bonus laws that would act on that Is that going to be um, um, mr. Kandadi You want me to lead it off Or do you know, would you like barber to you? I I will I will defer to barber But essentially, um You will need to To find that there are Adverse public adverse public health and safety concerns and they have to be Specific and objective and so supported by substantial evidence Right and supported by substantial evidence and this and the standard is essentially turned on its head with respect to projects that fall under the Housing Accountability Act and I have just Sent a message on that, but I'll defer to barber until I can find my notes. Hi mayor and council Members i'm barbara kowtz. I'm a partner called farman lepman and I Do a lot on housing law which has become bigger and bigger every year more and more complicated anyway, the legislature I think with The housing accountability act nispy 35 Wants to make it harder. There's actually a finding for cities to deny projects Tonight housing projects reduce their density And basically the provision that the city attorney was reading states that if a project conforms with all objective Zoning and general plan standards And you want to either deny the project or Reduce the density you have to make a finding That there's a specific adverse impact on public health and safety Which is defined much more strictly than it is in sequa That it means a significant quantifiable direct and unavoidable impact Based on objective identified Written public health or safety standards Uh as they existed on the date the application was deemed complete and you have to make a finding There's no way to mitigate the impact. So essentially what this Statute requires is that you either find that a project Is not consistent with an objective standard Or if the and uh everything in the staff report says it is consistent Because a density bonus it also has language saying that Uh if they get a density bonus or They're still considered to be consistent So unless you can find a project to be not consistent with some standard You have to make this very difficult health and safety finding and frankly, I don't know any Community that's been able to make it because Really if it didn't conform with the health or safety Standard it probably didn't conform with objective standards, right? And then the other issue that and then they've made it very difficult for you to find that a project's inconsistent There's another provision that the city attorney was referencing where he talked about it turning Evidence on its head Generally when courts look at a decision that a city's make make They give a lot of deference to what the city council did If you have any kind of substantial evidence supporting a decision to approve or deny Usually the council gets the courts will uphold it But they changed it to say That in this case Housing project shall be deemed consistent If there's substantial evidence that would allow a reasonable person to conclude the project's consistent So that even if the council feels that the project is not consistent with some standard If somebody else has introduced evidence saying well, yes, I think I am consistent and a court finds that that's reasonable It'll find the project consistent and overturn the denial So so these laws together are designed to make it very hard to turn down housing projects And I was just curious if there's any like financial consequences that could go on to the city. Yes Thank you First of all the city if the city loses a slible for paying the other side's attorneys fees Then then if the of a court remands the project say back to the city And you still and they find that you still haven't approved the project or your actions have been in bad faith The the court can adopt Let's see can find the city $10,000 per unit I don't think that's happened but There was a case in berkeley where Berkeley agreed That it had violated the housing accountability act and then when the project was returned to them To the council it turned down a demolition permit so that the project couldn't be built the court was very angry So I think the provision that provision was made to discourage that kind of action by a city Thanks a couple other questions and this might be for Staff or for the developers Is there any way that we would be able to track who's purchasing these condos because I think one of the things that Folks are concerned about in the community is that these are going to either go Towards but especially the the higher-end condos would likely go towards people from outside the community They might be second family homes So i'm just wondering if there's any potential way we would be able to track Who's actually making these purchases and kind of where Their previous residency was I can address it actually for the affordable units specifically and this also goes to a question That council member crone and I think council member clever also asked Earlier and I should say bonnie lifts come director of economic development for the inclusionary units we Very specifically will be looking at and it's it's largely on income verification But we will enter into an agreement with with the developer At the time of whether it's an envelope a developer agreement. There's also participation agreement We may specifically do an affordable housing agreement, but we will actually deed restrict each unit so that when it's sold We'll get a notice when it's ready to be sold. We do an income verification We'll often work with the housing authority to verify that based on the size of the unit And for this particular instance, since we have 50 percent of area median income I don't know the exact breakdown yet of the 50 percent for the very low units for the one two and three bedroom But we'll come up with a maximum sales price for each of those units We'll even know which unit they are within the overall project and then we track that they We record that against the unit when it's sold and the owner agrees To verify the city whenever they want to sell it in the future Which then we then go through a whole income verification again And then we also put on our website and housing authority does as well When these units are available For this project at this point in time if these units were available today and obviously they're not they're not built yet But for the very low units that range starting at one bedroom is is in the you know low to mid 200 thousands So those are very low units to be able to have those in the community and we'll have eight of those You know from one bedroom up to up to three bedroom So there is a process that we use for income verification within the community As far as verifying that they're Santa Cruz residents. We don't have that Specifically in our agreement It is based on income verification, but we do It typically because we're posting these on our website. They're through the housing authority. There's typically waiting lists We'll send out notifications for people who are interested and they typically are residents Two more two more questions. Yeah Two more and then I'll I'll move on The first question I just drew a blank Second question One of the things I'm curious about is whether or not there's any potential for increasing Affordability within this project or if there's any way Because knowing that our community really needs more affordable housing and this is meeting some of the Needs of our community. I'm wondering if there's a potential For increasing Affordability on-site or off-site within this project Um If there was going to be anything it would have to be voluntary And we have had some discussions with uh Bonnie just to understand, you know, what what the city's priorities and needs are for Um Affordable housing and we've definitely studied the issue and want to support affordable housing in the city Um, you know with that said, um, you know that the application is You know complete as presented But if there was A specific request from the city council um We would Consider it I can't remember my other question. So Do you have a question? I had a related one And bonnie, I think it's for you It may be what some of the others have been getting at is What what's the maximum we can legally do? That the affordable units go to local residents. I think that's something on everyone's mind And I know this is just I'll just say I know this was something that came up when we did the house Right The only thing I'm aware of that we've done for some of our affordable housing projects is we've had a preference Um, and so for example at the tannery art center, we had an artist preference and specifically Um for that project, um, you know, you still had all the same income verification For affordability, but in addition to that, um residents needed to proclaim that they were an artist So they showed a portfolio. There was a panel Um So that was the only vetting. There was no determination of whether or not anyone thought that that was um worthy of calling themselves an artist But that was the preference that was established and by and large it was self self selecting, but that is a preference That um, we were able to have as part of that project Well, it seems that we have our developer here One issue with preferences is there can be a fair housing issue If the demographics of the city of Santa Cruz are different from the demographics of the market area There, you know, for instance, there was a Very white town in alabama that had a residency preference and that was found to violate the fair housing Law so a lot would depend on looking at The demographics of the city compared to the demographics of the area and making sure that there wouldn't be a disparate impact It was encouraging to hear your interest in wanting to outreach to our local community so part of our preference for doing the on-site very low income is to create residency opportunities for folks that are service employees that may currently be Living with a friend. They may be living out of their car. They may in some cases They've been commuting from Watsonville for 29 years cleaning hotel rooms or working in a restaurant washing dishes or waiting tables and many of these people Have been coming to Santa Cruz every day for 29 years. And does that make them Any less or any more deserving than someone that already has a Santa Cruz address? and I would submit respectfully that those folks those, you know working families who have you know a commitment to Santa Cruz that Are folks that we would like to help That we would like to offer Homes to You know in according to fair housing standards in addition to folks that already have a Santa Cruz residence address And we're going to be having outreach and publicizing You know how to buy homes to you know local service workers at the dream end And I don't and I hope the city council would you know consider folks that are you know working at the Dream end to be you know, just as deserving whether that person has a Santa Cruz address today Or you know, maybe they're commuting but they'd like to have a Santa Cruz address If I could just wrap up this I thoroughly understand that and what I meant by my intentions was people who are living or working in Santa Cruz and I would just like to see as this moves forward that we we expressly state our preference for maximizing sale of the affordable units to people who within allowable law Demonstrate they're living or working in Santa Cruz So we have councilmember Myers-Glever and then I have a comment and then councilmember brown and then vice mayor Cummings Just a quick I think most of my questions have been asked I had a similar question about some of the CEQA, but I think that list I was looking at the list in the initial study so that that describes all the additional studies Okay, I just want to make sure that I was looking at the list of recent studies Uh We just talked about local buyers. Um, there was a question from the public about the loading zones Is that where what what does that look like just so I understand a little bit better? So here a fix if you can see this mouse pointer Uh-huh. Yeah, I saw that service. Yeah, so there the there's a service dock here And the trash areas are actually internal to the building. They're right there next to the loading docks They're actually pretty far away from the property line and they would be vented out to the highest roof. So those So so and that trash would have to be we know wheeled out to the true To the property line for the trash truck in addition There's a drop-off area for ride shares so that uh Someone picking up their friend or an uber or Lyft or other services is not going to be Clogging up, uh, you know west cliff or bay street But there is an opportunity For people that are getting dropped off or picked up whether it's from a friend or a third party service to Be at that drop-off area that's actually covered So if there's a vehicle, you know Iling waiting for someone to be picked up that would be under the covered portion of the of the building So we've got a Does that answer your question? Yeah, so if you know There's a delivery truck that's bringing paper cups to the cafe They're going to pull in on the backside there come around and they'll use that that service loading dock there That's internal in that area. Correct. Correct. There's that service corridor. You can see adjacent to it So they won't be idling. I just want to make sure they're not going to be idling right on that back side over On either side of where the residentials are correct. That's a 37 foot deep service dock Okay, great. Um, just double check here. Um Yeah, I think that's it on my questions. I mean, I think, uh, just yeah, I'll just wait for hopefully a motion at some point And we have a motion on the floor. Oh, that's right. I'm sorry. Okay comes in recover. Did you have comment? Thank you? Yeah, so just curious to follow up on that question about the loading dock. Um How big are the anticipated trucks that are coming in and just looking at that Turn I see there's a curved side side on the end over there But are you how big are the trucks now you expect them to make that turn? Into that or they going to back up into the service dock because most trucks offload from the back So can you explain that process to me? so, um The the typical, uh truck deliveries are going to be You know a small truck. This is these are not the sort of uses that bring a a semi or a large truck Most of these, you know are really more delivery vans or 18 foot trucks. They're nowhere close to the To the dimension of that dock there and also this dock is a full driveway wide. So if you want it's 24 or 26 feet wide 24 feet wide and so a truck itself is, you know, maybe, you know, eight or nine feet wide So you could actually have two trucks parked there with enough room to You know to load it from the back walk around the truck between the trucks to the service corridor A truck would not necessarily would not necessarily need to back in and there's a adequate turning radius So that's that's been studied. So where's the materials for say All of the all the businesses So the deliveries that are going to be made for the restaurants and the retail shops and all that kind of stuff Are they all going to be offloaded in that cargo dock? Yes And you're saying they're all going to be 18 foot trucks I'm not sure if some of them may be a delivery van some of them might be slightly larger But these are not semi type of operations. These are Is that a guarantee? Is that a guarantee? Yes Because that will significantly impact the sound and noise Experienced by the people on that A joint conjoining fence and then if the truck is backing into there Then you're gonna have we all know what large trucks sound like when they back up They have the warning sirens So is that going to be going on in the in the morning because I know usually delivery trucks happen in the Early morning to avoid traffic and all that kind of stuff and then what routes will those larger trucks Which you I don't know if you can guarantee or not aren't going to be large trucks Which route are they going to take to get to the facility? Well, I can start off by saying that the that the Noise would first impact the Homeowners above and the condo residents just as much or more than any adjacent neighbors as well and we have a vested interest in Making sure that we have happy buyers happy homeowners and significant liability To the extent that that doesn't happen So we are highly motivated to sign leases With provisions to control that and I would add that these are hotel ancillary facilities So the majority of the space Is hotel spaces the spa and retails first of all doesn't have a whole lot of you know cups deliveries Or you know, it's not like we're bringing in semis of paper goods Um, but that was her the the council member's example I'm looking at some of the example images that are included in the packet Okay, there are some rather high-end looking restaurants and you know all that other kind of stuff and with the amount of locations that are Denoted in the layout with how many you know the different retail spaces and then the market hall I mean if you're going to be selling things you said you didn't want to have people have to go to wall greens So how are you going to be stocking that facility? With those goods and also i'm really worried about equity, which is the reason why i'm asking now if i'm Someone that's paid so how much are the the the the for profit ones again Um, we don't have a price estimate other than we can compare them to The prices of housing in the area And across the street those have been for anywhere from about 800 to about a million four Okay. Yeah, because I spoke with someone that lives over there. I believe they're 1.6 So if I was someone that came in and was able to afford 1.6 million for a condo Which i'm sure probably has additional sound proofing But I was a next door neighbor that was living in a mobile home park that had no sound proofing an eight foot sound wall And was overshadowed by a five foot Exorbitant condominium complex that had to deal with their delivery truck noises I would be a little disconcerted, which is why I think we're having such a Outcry from the low-income neighborhood that's neighboring to it as well as the issues associated with their quality of life So, um, especially because there was that hesitation of being able to guarantee there aren't going to be big semi trucks there and the The curiosity is to where those trucks are going to travel the impact of how it's going to Deal with bay and that turn or if they are going to be going through the roundabout down by the boardwalk, which Is a terrible design in my opinion I'm a little concerned Everything else, you know, it sounds like a beautiful project and I'm sure it will look great and serve a lot of great functions But I'm worried about the impact of low-income people, especially since yes, as was mentioned before we may house 10 Low-income people that they can own But we may be disproportionately impacting and negatively impacting the life of 60 some odd plus other low-income people So that 79 rich people can afford or people that have An income that can suffice to those numbers Can have a comfortable living and a fantastic view of the bay based off of some of your Your design things there with the glass panes and everything looks beautiful But again, I'm I'm very concerned, especially with your inability to give me Solid answers on some of the delivery and noise complications with that neighboring wall So my hesitation as to whether 18 feet is the appropriate standard I'm not a truck expert in terms of knowing whether it's an 18 foot truck or a 19 six or I know it's not a large semi and I can guarantee that but I can't guarantee the length or the You know, I don't know the exact classifications. I could I guess Juan would you be able to speak to what the turning radiuses were analyzed? And it's just it's it's not a it's not a piece of data I have at my fingertips, but I can commit to having specific Delivery hours of operation and noise standards in the ccnr's which a draft of which was already submitted There's already conditions of approval for staff and public works to review and approve the final ccnr's Which will include noise and delivery schedules and the size of trucks and vehicles for the commercial space Great, thank you. And then I will just say to end my Rome of questioning just the comment is just to remind my colleagues that the motion on the floor is not to Whether or not to approve or deny the project It is whether to move forward with a full eir to understand the impacts and the potential unintended consequences of the development Since there has not been a complete eir and as well a robust analysis of the equity of the space so I just want to put that out there because We should be careful with this. I support housing. I love that. There's 10 affordable housing units But the question I think that came up is what's the cost of doing nothing was what someone mentioned But what's the cost of doing this? I think is something that we need to be thinking about and also Just being cognizant of Other options now. I totally agree though with a 1.6 million dollar 1.800,000 to 1.4 if we go from your estimations If we as a council put on the ballot some increased real estate transfer taxes, then Sure, let's build some for-profit housing so that we can generate some additional money into the general fund But until we hear that report back from the revenue generation subcommittee or we take a strong stance and put that on the ballot I'm a little hesitant to approve a million plus dollar units I'll just make a few brief comments as we start to inch towards the late hours and Ultimately need to come to some sort of decision this evening I think that we have to remember that Santa Cruz is not only one of the most least affordable places in the nation It's internationally and we need to As a council Figure out a way to balance process and to be in action And for me, I feel that it's imperative that we take action And so I won't personally be supporting the motion on the floor. I think that we need to start making decisions We need to be in action. We owe that to the community. This is a project that I recognize has Elements that are unanswered or not necessarily ideal for certain folks. I totally understand that and I think a lot of the mitigations and anticipation for really focusing on you know local emphasis especially around local folks trying to get into some affordable housing is huge and There is a cost to doing nothing and there is a cost to being stuck in process in my opinion and We're at a place now where we need to take action So I won't be sort of supporting the motion on the floor and as we approach midnight I hope that we can get to a place where we're making a decision on this Councilor Brown and then councilor matthews Thank you. So I want to make a few comments now while I have the floor and then just ask one last question So I don't keep raising my hand And I want to say I really like this project. I mean I I don't mean to Say that by wanting to complete an EIR that I'm opposed to Building here that I'm opposed to opposed to density that I would I prefer a parking lot over Housing that is in no way the case. I I like many aspects of the project. I appreciate the ensemble groups willingness and all the work they've done to to engage the community and to try to respond to Concerns to the extent that was feasible for you and I would you know with all due respect financially feasible I appreciate the very low-income units. We absolutely need them And again with all due respect, this is the minimum That is required This is this is what we can require and so A real commitment to affordable housing to me is kind of going above and beyond that And I know we can't require that because we have particular policies in place, but That's what I'm really advocating for in our community. We need affordable housing I appreciate the commitment to addressing pedestrian bike safety I absolutely am thrilled about the idea that this may provide An increase in the number of union jobs in our community, which we sorely need That said, I just think it's unfortunate that The city did not encourage ensemble groups Do an EIR when this project was first proposed I think we could have this could have led to You know addressing these concerns, you know getting really getting Through a full analysis public input But you know, I believe in this case and I think there are good reasons to Tear off the general plan EIR and in some cases and I don't know that this is one of them You know Our general plan EIR assumed 54 units in the beach area 54 And it only analyzed potentially significant impacts for that many units and I understand that technical studies have been done to You know satisfy the checklist that's required to Tear off the general plan EIR But the purpose of an EIR is to identify significant impacts that are particular to Said and I do think there are some potential particularities here And tearing off the general plan EIR is not a precedent that I feel we should be setting As the precedent for any Major projects that come before us, I just don't With and I'm just going to go back to the you know with respect to the Affordable housing aspect, you know, we have we have yes, I I agree. We need housing We need to build housing. We need to move through and not get delayed in process I am very much interested in doing that. But what I have seen in the past Year past few years is the approval by this city council Of Projects that provide housing But at a very high cost with very little affordability. In fact, we've been providing exemptions for Number of years and so to suggest that the market that market actors are going to somehow Provide affordable housing for us The projects that we approve it. It just is hard for me to To I just don't see any evidence of that substantiated. I see a few units here a few units there And if anything again, we have approved projects where the The rents for even a studio apartment are significantly higher than the average in our community So they are helping to drive up housing costs in our community. They are not making housing more affordable And so I guess I'm gonna I'll end there with my my comments, but my last References will be a question Is there anything, you know, I understand the Housing Accountability Act we've you've talked about this and how it precludes us from From turning down projects But as a council member Glover mentioned The motion on the floor is not to oppose to turn down this project. It's to require any IR and So I want to ask and get clarification. Is there anything in Either the Housing Accountability Act or any other state law that precludes us from requiring an environmental impact report on this project Council member Brown, I'll just refer you to the language again of 2108 3.3 of the public resources code Where it speaks that the Where a project is consistent with this zoning in the prior plan for which an IR was certified This is the project that you this is the process you shall follow unless There is substantial evidence of an impact that is not mitigated by um, one of the uniformly applied development policies or standards And I I hear your concern about The amount of impact on the community, but what I haven't heard tonight is Citation to any specific Piece of substantial evidence that contradicts the conclusions of the report And so that's what you would need to cite to in order to Get out of this process and into an EIR Thank you I'll try and be pretty brief Most of my specific questions were answered in the course of other people's comments And I am satisfied with the answers, but I think fundamentally I get back to the pretty To my mind straightforward logic. This is a project that meets the zoning in general plan that we have. It's consistent The general plan EIR covers the very broad brush of Issues contained in this project The specific issues to this project are dealt with in a whole series of additional technical Reports, which we've received The project is covered by the Housing Accountability Act It is Also It benefits from the streamlining provision of having an overarching EIR That deals with many of the issues We've heard about A new legal reality that we're in Having to do with needing to justify specifically denials With I wrote down quantifiable objective written standards And we are The city then is liable for defending that All of this leads me to think that this is an appropriate project To approve I will not be supporting the motion at hand. I would like to support a motion that That follows a pretty I would say new to Santa Cruz reality But one where the applicants have worked hard to listen to the community I think this can be a really good project for our community and we should make it Responsive to the concerns that have been raised here. I've raised a couple myself and eventually I'd like to see those covered in a motion, but For the reasons I've spelled out. I can't support the motion on the floor You guys mayor Cummings then council member Myers and then council member crown. I just want to thank all the staff community members and Everyone who's come out tonight. I know that there's been a lot of input from the community There's been a lot of input from staff. There's been a lot of work on this project And there are a lot of new realities That are coming forward currently and in the coming years that really Are going to change the way We're able to approve or deny developments that are coming into the city I'm very much for trying to increase affordable housing to The maximum extent possible in Santa Cruz because I agree with some of my colleagues that as home prices go up And as we see more expensive homes being built that is going to drive the land costs up and costs around for everyone And so it does have the potential to make it less affordable For people who live here to buy homes in the future That being said, um, I do have concerns with The legal challenges that we might be facing Because of the fact that there are state laws and the fact that Have very serious implications for us if we deny this project So and given the fact that we are already Facing litigation for a number of other issues. Um, I'm really concerned about Opening up the city to more litigation and As a city council part of our job Is to protect the city from litigation? And so um I definitely hope that the developers can work with the clear view court members to continue to address their concerns I was able to see some of the light studies and I think that um, they have tried to address some of the light issues And as we mentioned before there are conditions to help to help mitigate these traffic issues And so given the fact that um, there is a potential for opening us up to more litigation I'm not going to support the motion that's on the floor currently And um, we'd like to see if we can work on another motion Moving this project ahead Um, so I'll just leave that there You come and see how many of my comments were actually just stated between the last two speakers, but I will state that I um I won't be supporting the motion on the floor at this time Really due to the to the new uh, legal framework that we're operating under now with the state And uh, some of the some of the new legislation that's come through um Has really um Sort of set us on a various different course. Um, I guess in our analysis. So I won't be supporting the motion Councilmember crown and then councilmember rubber and then let's take the vote Thank you, um I think there are many questions here and I think some of our policies need to be clarified And that's why I I think we need to take a step back and and and do a full eir This is the first projects that that's going through santa cruz with the the density bonus attached to it I think it behooves the council to act with restraint in achieving the greatest public benefit we possibly can I I don't I don't necessarily hear that we if how much if we go ahead and do this Um, I think the lawyer just said that she's never heard of the fine of 10 000 dollars per unit. I don't know if What what other examples she might have if you have any other examples Uh of cities that have asked for a full eir after this process has been followed. Um, what was the outcome? the the housing accountability act actually doesn't go in Doesn't affect a project until review under the california environmental quality act has been done So there there's not a uh a fine if you like for um requiring an eir So But I would defer to your eir Your sequo expert in terms of whether there's justification for doing an eir, which is a different issue Which I believe you answered already Thank you Well, thank you. I just want to personally thank um Folks for their lengthy and unpaid voluntary efforts And did the deep dive into material that they brought we just got so much stuff Concerning this, you know, and I want to thank Patricia forest and nita web and ron pomerance and uh, safe santa cruz and uh, jim conway mariam greenberg stew phillips russell wise and andy shifrin And That one Cry for help from kenny weiss too. I I hear you. Um concerning what it's what it's like at clear view court with With the prospect of two years of construction ahead of you What it's going to be like to live there. So I would just like to see more information out there And that's why i'm supporting. Um, you know that we do a full eir Okay Last comments, then we'll go ahead and take that boom. Thank you. Uh, well also just what came up from this is a question So, um, I appreciate the perspective of our eir our sequel expert. Have we gotten a second opinion? Anyone or are we just Going with one Anyone answer that? See some head shaking Having that outside legal Um Consultant that that is essentially our second opinion. I mean we've worked internally and then In having, um, Remy moves manly on board. Um, we have consulted with them as that second opinion Great. Thank you. And is that the findings of your office as well? Or the first yes, I I concur with the With the analysis provided by miss teller that there's not enough, uh of a reason or evidence Through all the different things even with the issue cited from the Community members and the claim that there will be I know that So anyway, even with all the other things and all the other data. Yeah, there's no reason to think of that there could be, um enough evidence to Go into an eir the issue is whether or not there's substantial evidence Of impacts that are peculiar to this project that weren't analyzed in Um, those other documents, okay, and I'm not aware of um substantial evidence in the Reports and analysis that's been provided to you. Um I've also heard a lot of of earnest Calls for doing an eir, but not significant substantial evidence that's been provided this evening that there's some impact That's unique to this project that hasn't already been analyzed. Okay. Thank you. Um, so There was the statement made tonight about part of the part of the uh The role of the city council is to protect the city from litigation and I'm concerned about that philosophy Especially when it comes at the sacrifice of the quality of life for potentially 68 people From a development that has come out in For a lot of reasons as to be concerned about this and for situations that have yet to be mitigated And are still in limbo and are in question We have other places in the community that have been dealing with issues of planning that we're not thought out all the way and Are still dealing with it a year later after trying to get to the council So what's the impact that's going to happen with clear view court? Especially with their removal of rent control and their questionable stability in their housing They're losing people of color and it was interesting to hear the manager of the dream and say That he wants his guests to have the quote most authentic Santa Cruz experience and that he has been a Quote local for 10 years, but first came as a visitor um I was born and raised here in Santa Cruz My family lived here for uh, maybe one and a half generations before me. Maybe Not even that because my mom moved up from north hollywood Where she left when she was 17 so not even a full generation My friends all have had to leave unless they have had independently wealthy parents that let them live at their house Not because they're lazy or they don't have jobs because they can't buy 1.6 million dollar condos now Is our job to solely protect the city from litigation or is it to fight tooth and nail to protect the most vulnerable in our community? For me, it's that second one. Uh, it's come up in multiple conversations about stuff and so to To say that this is the right project for our community, which is another statement that was set up here a little while ago How many local people that were born and raised in Santa Cruz are going to be able to afford one of those 79 condos? How many people work service jobs in Santa Cruz and are going to be fighting tooth and nail and competing over those 10 affordable units? What are we doing proactively? You know, I said I heard up here also. It's the time for action So what are we doing tangibly? Intentionally focusing on the development of affordable housing. How are we raising additional funds to leverage into development of affordable housing? Why have we not already moved on these kinds of things with previous councils and now all of a sudden because of our council We have to approve this project because of poor planning poor tax measures Uh, and other things that have left the city in a massive deficit with terrible with terrible planning. So I I don't like Uh that we have been put in this situation from a historic lack of political will to develop affordable housing We're now just to get I was talking to affordable housing development Advocates they're like it's better than nothing. It's better than nothing and I get it It is better than nothing But how could we let ourselves get to a point where we have to accept something like this just because it's better than nothing And because we're so worried about litigation. So I'm incredibly disappointed in my colleagues That will be voting against even exploring at EIR to figure out what's going on to understand the potential impacts of the Of the project even if we were to go through with it and you know all this other kind of stuff. So It's just another disappointing day on the city council for me if Okay, um All those in favor of the motion on the floor I just want to make one last comment because we're the conversation has come around to The potential for litigation and I'd like to remind my colleagues and I not that it I don't think it's going to change anyone's mind, but I just want to say We in the time I've been on the council we have faced litigation for three out of four projects we've approved And I suspect that There is a high degree of likelihood that we'll be facing the same thing on this one Um that we will face a sequel challenge Which is going to delay this project even longer than if an EIR just hadn't been done in the first place And I think that's a real shame As well and I just wanted to add that into the record Okay, um, can I just get a repeat and Yeah, go ahead. Do you want to go ahead and repeat your motion? Thank you The motion is to require an environmental impact report or EIR that adequately addresses the potential for significant environmental impacts in the following areas traffic parking geologic safety noise and light and shadow impacts on clear view court And I'll just say on the side I can't you know when you talk about the adverse effects of health and safety We heard it from people coming up here like the traffic that the noise those those seem to be to me the health and safety issues That are not adequately addressed right now um And my last part of that was to direct city staff to make initial project analysis public through incorporation into a draft EIR and then circulate A draft EIR for comment That was the motion it was made by council member crone and it was seconded by council member brown Okay, all those in favor, please say aye. Aye opposed no So that fails with council member crone, glever and brown voting in support. Matthews vice mayor Cummings myself and mires voting Against I'll go ahead and entertain a substitute motion at this time I'll move to accept the staff recommendation Okay, I'll go ahead and second that motion any further discussion council member matthews. Um, I would like I think we need to Specify whether we prefer the roundabout the mini roundabout or the light is that to be included in this motion Okay, do we want to get an understanding of the things that the staff is needing our specification on right now? It's the roundabout and well, there there were additional conditions and findings that were presented Right The roundabout that would be my preference the mini roundabout I I think the issue of an eight foot Sound wall was raised. I would be Amenable if That's the the will of the person making the motion I would like to be explicit about For the affordable units pursuing a preference for People for the low-income units who live or work in Santa Cruz the extent Possible according to fair housing law I think that's I think that's very consistent. I think those will be friendly amendments And I think I mean if there's consensus from the council more or less He's the one that accepts them. Yeah, did you did you it sounds like you I accepted? Yeah, okay I would also add to the motion that The staff continue working with clear court to minimize the shade with the design of the building Yeah, no, no, no, it's fine. I mean the other thing that came to mind for me is how They could potentially work with them on some of the food growing if there's going to be growing on at the project and they're Impacted by having lack of light that they can share some of the food if they're having a roof tech roof deck garden Mr. Canoni I have a comment about that I've been spending a lot of time this evening and prior to the meeting but also during the course of the meeting discussing with the planning director and And looking at the analysis that was done in support of the rooftop deck amenity That was a part of the project and I have a recommendation to the council that you add a provision that authorizes The planning director at the request of the applicant to eliminate the rooftop deck if further analysis that determines that That it would be potentially inconsistent with the height limitation modifications Okay, that seems reasonable and and and I guess I would add additional direction to have the This the planning department update our policy around how to handle roof deck Circumstances moving forward to learn from this experience essentially, right, right. Okay Okay, all right Are you done with okay council member clever and then council member crown just want to point out something that was just set up here The paraphrase Maybe the poor people can ask the rich people for food in case the building robs all of their sunlight sit with that for a second and There there's something inherently wrong with that Morally ethically wrong with that statement and the fact that that is even a probability That you're going to be robbing someone's food access to be able to grow their own fruits and vegetables And then have to ask the people to access to their rooftop garden because of it It's just really problematic And I would encourage this body not to turn their backs on the poor people of Santa Cruz yet again Which has been a very consistent theme with this body I'll just um, I'll just say I'll just state that that was not what was said and um, it's essentially in alignment with the relationship between The neighbors and how to move forward in a way that's going to be mutually beneficial so Paraphrasing was inaccurate in my opinion council member crown I'm just going over the conditions of approval number four. I'm just wondering it says uh, if upon exercise of this permit this use Is that anytime determined by the planning commission to be incompatible? Why wouldn't we put city council there? You can certainly put that there. That's fine I think practically what it would relate to would be some of the uses that are covered under the special use permit some of the commercial uses So I would I would is that acceptable to the maker of the the motion Sorry, city council for planning commission. Where is this? Um, this is Uh, this conditions of approval number four, you know, the other thing to keep in mind is that wait, uh, 41 The other thing to keep in mind is if it's kept as is That decision is appealable Up to the council or the council could call it up Council member Matthews, I would for that reason Suggest leaving it as it is because if it's a simple use permit type thing You don't want that to get called up. It would go to planning and then if it's Significant or controversial it it comes up to us, but uh, a lower level Use determination is makes more sense at the planning commission. Follow that logic I was just going to say I think it's good that it goes to planning commission So we get input from the planning commission and then it comes to city council So we can take in both accounts as well or it stops with it or it stops with us. Um, it is the um, 18 inches Is that is that in the uh conditions of approval? easement Or can we put it in there? I think that's a good catch. I don't think it actually is so, um We measure the motion except that putting the 18 inch easement in there Which is already agreed upon us is my understanding. Yeah, um, the other thing is uh, what what are the hours of construction? My understanding from the staff presentation Yeah, it was seven. Is that a condition of approval standards? We're recommending that The hours of operation Six seven to six p.m. I think it's got money through friday I thought you talked about the prohibiting hauling of excavated materials. That was something you were changing. That's 22 What was the one you were just referring to? Uh, this would be a new condition. It's the first bullet point here It's on the screen. Oh Okay, seven Also, I was wondering if the maker of the motion would go back to uh prohibiting the hauling of Excavated materials during peak traffic hours on weekdays between the hours of nine seven and nine And four and six you that had changed right you you're allowing hauling from seven to To four you said or seven to six? We were recommending that be changed to allow it to go from seven to four Yeah, I don't I don't Not sure why that you want to speak to why that was one of the recommendations Well, he did he said because it was more expensive to keep haul, you know, you can haul as much I guess you can't well the main reason that that is one but the main reason was that it extends the time of construction If you do it beyond that time frame Yeah, so the last time they can excavate during the day it's going to expand that the construction time Would you would you accept that going back to the seven to nine that you can in uh four to six? So Or 79 rather if we Don't allow excavation from seven to nine the duration of the project Is going to increase and so therefore Any negative impacts on any of the surrounding communities? Well, so if you're talking about noise any of these other things That's going to be extended even longer in terms of the duration of the project. So no Okay I just have a council member. I have a clarification on um condition 36 Regarding the traffic impact fee Um, do we need to get do we need to give direction at all about use of this For the roundabout or is that something you do? On the back side as things are getting built So it's 1.46 chris on page 1.46 in the conditions of approval Specifically it calls out the amount, but i'm just i'm not sure if that condition needs to be The christinair assistant director of public works. Um, the condition Was written specifically In relation to the traffic impact fee ordinance and the amount that's been calculated so far That can change between now and the building permit issuance Do we want to um ensure that we have clear do you have additional yeah One of the I wanted to know if you accept the owner shall comply with the inclusionary housing requirements as outlined in section 24.16 of the zoning ordinance a participation agreement establishing compliance with inclusionary housing requirements shall be Edited into prior to the recreation Of the final subdivision map And recorded prior to either sale of the first subdivision lot or final occupancy of the first unit Whichever occurs first the affordable units must be provided on site The 10 inclusionary units shall be affordable in perpetuity the eight density bonus affordable units shall be affordable for at least 55 years I would say that all of affordable should be Included in perpetuity rather than that 55 year Um number that you put out and I just wanted to refer to the city staff Maybe the city attorney as to what the current inclusionary Requirements are because I personally want to make sure that for the existence of this building that all affordable units Are affordable in perpetuity and that last statement Please me believe that some of them might actually no longer be affordable after a certain point in time Um, it's in perpetuity since they're, you know, overlapped. Um, all of the units will be in perpetuity Okay, but I'm saying there's eight density bonus affordable units. Uh, and then 10 inclusionary units So 18 all together. No, no, there's 10 I understand but um We are entitled to 18. I'm sorry So that's what I'm asking for uh, if you'll accept that as a friendly amendment I don't but I'd also like some clarification around Because we've had this discussion earlier It's mine. I think we've provided you with fairly exhaustive analysis of the why that's not possible of the stackability of inclusionary and accessory or Density bonus units. I agree. Okay. So no, I would make that as a A motion Side amendment, I guess an amendment to the main motion So you want to make this a So that was not accepted as a friendly amendment So that would be essentially what a substitute motion No, just an amendment to the main motion. Okay. So is there a second to that? No, okay So it feels for a lack of a second. Do we need to repeat the motion, um, bonnie. Okay All right, all those in favor, please say aye. Aye. Any opposed? That passes with council member mires, matthews, vice mayor Cummings, myself voting in support, crone, glover and brown voting against Okay, that concludes our meeting and we'll adjourn the meeting at this time They're gonna accept it right now