 Let me let me know when we're live and I'll just go straight to Chloe for details on. Okay, all right. So we are we are going live. All right. Good evening everybody. Welcome to tonight's meeting of Capitola City Council. I'm going to go ahead and turn it over to staff to have Chloe read some information about how to participate in tonight's meeting. Thank you Mayor Peterson. Welcome to the Capitola City Council meeting in accordance with the current Santa Cruz County Health Order and the Governor's Executive Order and 2920. This meeting is not physically open to the public. Council and staff are meeting via zoom and there are several ways for the public to watch and participate. As always this City Council meeting is cable cast live on Charter Communications cable TV channel 8 and will be rebroadcast on the following Wednesday at 8am and on Saturday following the first rebroadcast at 1pm on Charter Channel 71 and Comcast Channel 25. Our technician tonight is Kingston Rivera. Thank you Kingston. If you are watching on community TV and would instead prefer to join the zoom webinar please visit the City of Capitola homepage and click on City Council meeting under upcoming events as you see on the screen. As a webinar attendee your microphone is muted for the entire meeting unless you request to be unmuted during a public comment period. You do not need a microphone, camera, screen or computer. If you only want to listen to the meeting the meeting is accessible by landline or mobile phone. To join this webinar using a telephone only dial any of the following numbers now shown on the screen the webinar ID is also provided. Remember that the Mayor will announce the public comment period for each item. There are several ways to make a public comment. If you are a zoom webinar attendee simply click raise your hand and wait to be unmuted by our moderator. If you've called into zoom by phone dial star 9 to raise your hand and wait to be unmuted. To email a comment send your email to the address shown on the screen. One comment verbally or by email per person per item is allowed. If you send more than one email about the same item the last received will be read and displayed. Comments received outside the public comment period will not be included in the record. Thank you for attending this Capitola City Council meeting. Mayor Peterson, I'll turn back to you to call the meeting to order. Thank you so much. All right, we'll go ahead and call tonight's meeting to order. Can we have a roll call please? Yes. Council Member Bertrand. Present. Council Member Batwer. Here. Council Member Story. Here. Vice Mayor Brooks. I think I saw her here earlier, but I think she might be having connectivity issues. Okay, we'll just say remote for now. And Mayor Peterson. Here. Thank you. Thank you. Let's do the Pledge of Allegiance. I pledge allegiance to the flag and the United States of America and to the republic for which it stands. For which it stands. One nation. One nation. Under God. Under God. Indivisible. Indivisible. With liberty and justice for all. All right. Are there any additional materials for tonight's meeting? Yes, we have. Two public comment emails were sent regarding item 6C for lifeguards, the desire for lifeguards. There's also a revised staff report regarding item 7C and there were revised supporting documents sent for item 7D. Great. Thank you. Are there any additions or deletions to tonight's agenda? Staff has no changes. Great. Thank you. All right. We'll now go to public. No. Okay. We'll now go to public comment tonight. Excuse me. This is the opportunity for any member of the public to address the council on an item that is not on tonight's agenda. So I'll turn it over to our moderator. I'm not sure. I think that's Larry this evening. Is he with us? Yes, that's correct. I'm here. I don't have a camera tonight. If you do not see anyone with a hand raised on the Zoom meeting. Okay. I do see one public comment for email from email for this public comment. So I will try and get this running again. Share a screen. Sorry. Dear mayor and council. I want to share the city of Capitola's response rates to the 2020 census. Currently, Capitola has a response rate of 64.1% and the county of Santa Cruz has a response rate of 66.5%. Census results will inform how hundreds of billions of dollars are allocated to our communities in areas such as housing, food assistance and health care. We are urging local governments to engage and encourage their residents to self-response at 2020census.gov or call 844-468-2020. It has never been easier to respond on your own to the 2020 census, whether online, over the phone, or by mail all without having to meet a census taker. I appreciate the city of Capitola passing a resolution last year to support the 2020 census. Enumerators are scheduled to start going to households that have not responded in August. Your help in boosting self-response prior to that date would be appreciated. Thank you for your time and engagement. Kindly, Tori Del Favaro. Partnership Specialist. Is that all of our e-mail public comment for this evening? I think that must be it. I will take that as a yes. I'm sorry, yes. That is it. There's no more e-mails for just public comment. Great. Thank you so much. We'll move on to city council and staff comments. We'll start with staff. Does any staff have any comments for this evening? I don't think we have any updates for you tonight other than the regular agenda items later on this evening. Great. Thank you. And we'll go to city council for comments. I see councilmember Bertrand has his hand up. Earlier this week I met with FCIU labor regarding his sanitation labor issue. Thank you for that update. Councilmember Bertrand. Councilmember Vaughtorf. Thank you, mayor. Really quick. I just want to thank the citizens of Capitola that have been patient with the construction that's been going on, especially on Capitola Avenue with some sewer repair and on Park Avenue. I know the impact of cars in the neighborhoods can be bothersome, but both of those jobs are completed. And I think in a pretty fast time. So those two seats are back to normal. And I appreciate the patience of everybody in the neighborhood. Thank you. Thank you. Vice mayor Brooks. Hi. Thank you. I just wanted to report out that I would like to encourage our citizens of Capitola to continue to wear their masks out in the public. Also, I'd like to touch on that I attended the Black Lives Matters March here in the city. And it was a beautiful thing to see. It was it was highly attended. And there was wonderful speakers from all over the county who really address the issues that we're seeing face. There are a couple of things that I'd also like to request staff to bring forward a future agenda as a future agenda item. One of them would be to bring back at a future meeting the possibility of obtaining the title for the Escalona Road extension. Also, there is the DOJ has released tobacco enforcement funding with a deadline of August 7. I believe it was sent to a few of our staff that I would be really interested in looking at that, especially since we just passed the ordinance for the anti-vaking. And also the League of Cities released a report and referenced a notice of funding or a NOFA in regards to the home key grants that our city might be able to apply for as well. So those are just a few things I'd like to have staff to look at. Thank you. Thank you Vice Mayor Brooks. And then I would just like to make a couple of quick comments as Vice Mayor Brooks mentioned it's incredibly critical that we continue to wear our masks and observe social distancing during this time. As anyone saw the press conference with our county health officer today the Santa Cruz County has been flagged due to our rising case counts. I believe at the about a month ago we had something like 300 cases and as of today we have 848 I believe it was. So because of how rapidly our case numbers are going up in the county we have been flagged. If the county stays on that flag list for three days we then go to a monitoring list after three days on that monitoring list or watch list. The state will create a new health order for our county and it will require additional closures. So please do keep in mind the importance of social distancing of wearing them during the conference today. The county health officer acknowledged that while people were concerned that some of the protest marches or would lead to a rise in cases that none of our current cases have been traced back to those marches. Likely because there was such a high number of people wearing masks during those activities. So please do keep that in mind as we move forward so that we can see our way out of this. Additionally as was mentioned in public comment 2020 census is incredibly important. If I remember correctly each person that fills out the census could bring approximately $2,000 in federal funding to our district. And it's additionally determines the funding for our schools for our communities and and also determines our representation and our lines for representation in our district. So please do fill that out. It's incredibly important. Everyone counts. Children count. Children count. Your immigration status is not an issue. You just fill it out and you count. So please do that and thank you to the residents that brought that important issue tonight during public comment this evening. I'm going to move on to item six our consent calendar. These items will be voted on by one motion in the form listed below. Before I take it to public comment on our consent, I'll ask if there's any council members that are interested in pulling any items being none. We will go to public comment on the consent calendar and we'll return for a vote. Larry, can you let us know if there's any public comment for the consent calendar? I do not see any hands raised and I do not see any emails for public. There is a consent calendar. Great. Thank you. In that case, I'll bring it back to council for a motion and a vote. Motion to move the consent calendar. Second. The motion from councilmember Botthorpe and a second from councilmember Bertrand. Can we have a roll call vote please? Yes. Councilmember Bertrand. Aye. Councilmember Botthorpe. Aye. Councilmember Story. Aye. Vice Mayor Brooks. Aye. And Mayor Peterson. Aye. Carries unanimously. Thank you. We'll move on to item seven, general government public hearings for tonight. 7A 207 Oakland Avenue appeal. I'll bring it over to staff for staff report. All right. Can everybody see me? All right. You're good. Can you get the presentation up? The item before you. Good evening, council members. Sorry. It's my first presentation here. The item before you is an appeal of a planning commission denial of a design permit, secondary dwelling unit, and sense exception to remodel three existing residential structures, including an addition of 131 square feet to one structure located at 207 Oakland Avenue. In the R1 zoning district. The proposal reduces the number of dwelling units to comply with current zoning standards from one duplex and two single family residents to one single family residents, one secondary dwelling unit and one detached living space. Following the plan commission denial, the applicant updated their plans to remove the sense exception as landscaping along the frontage. The application went before the planning commission on June 4, 2020 and was denied as both motions for approval resulted in a tie and therefore failed. The city received an appeal city council on June 11, 2020. The existing site layout at 207 Oakland includes one duplex and two single family residences as seen here. The existing multifamily use located within the R1 zoning district is considered a non-conforming use. The non-conforming use must be discontinued 50 years from the date of the activity became non-conforming, which is on September 27, 2029, unless granted an extension by city council. The owner opted to correct the non-conforming use rather than ask for an extension. The proposed site layout as seen here. The applicant is proposing to convert existing structures to one single family residence, one secondary dwelling unit and one detached living space to bring the property into compliance. In these next slides, I'm going to provide a brief overview of the applicant's proposal. Seen here in yellow are the four existing parking spaces along Oakland Avenue. No additional parking is required due to the limited size of the addition. This is the design of the proposed single family residence. The Spanish style design features clay tile roof, stucco siding, and a mix of rectangular and arched windows. A rear second-story deck will be converted into enclosed space, but the front second-story deck facing Oakland Avenue is to remain. These architectural details are carried out through all three structures. This is the design of the proposed detached living space, and this is the design of the proposed secondary dwelling unit. As you can see, the Spanish design elements are carried through each of the three structures. During the planning commission hearing, commissioners raised several concerns. Among them, one, the applicability of the mellow act to the intent of capital affordable housing ordinance, and three, the design considerations with respect to the neighborhood. The mellow act seeks to preserve affordable housing in coastal zones by prohibiting local governments from the authorizing conversion or demolition of existing units, existing affordable housing units, excuse me. However, the mellow act specifies that no replacement units are required when the project involves 10 or fewer units in more than one structure. The project property contains four units in three structures, therefore the mellow acts limitations on the removal of units and replacement requirements are not applicable. The capital inclusionary housing ordinance was also referenced as further justification against approving the project. Commissioner Newman referenced the findings of the housing ordinance to illustrate how decreasing density on this site is counter to the stated goals of the city's inclusionary housing ordinance. Further concerns were raised with respect to the Mediterranean style, the wall, and the entry gate. Within the new zoning code or within the zoning code, there are specific considerations when reviewing a design permit. In regards to architectural character, the council must consider the suitability of the building for its purpose and the appropriate use of materials to ensure compatibility. Commissioner Ruth raised concerns with compatibility of the design within the neighborhood. When reviewing the appeal, the council should also consider the city's general plan and local coastal plan. The general plan land use element describes the Depot Hill neighborhood as detached single family homes on relatively small lots that create an intimate feel. A high concentration of historic single family homes, a variety of architectural styles, and a sidewalk exemption allows contributes to the neighborhood's coastal village feel. The land use plan within capital of local coastal plan creates the policy for new development on Depot Hill to maintain special character and to be designed for compatibility with the scale and architecture of the area. Following planning commission denial, the applicants submitted revised plans to reduce the wall height to six feet to comply with standards. The revisions also include a landscape strip around the parking area and new planting new plantings throughout the green area shown are the areas that have been revised for landscaping and they are visible in front of the wall. With reduced fence height, the application complies with all belt and standards of the R1 zoning district. The council has approved the project based on conditions of approval and findings. Great thank you so much. Are there any questions from council members? Hold on, I didn't have the participants far up to see if there's any hands raised. Okay, forgive me because I didn't see whose hand went up first. I'm just going to start at the top and go down. So we'll start with council member story. Thank you mayor. Thanks Sean. That was very well done for your first time. I wanted to ask about the front wall if you can go back to that slide. And particularly I wanted to ask about the entryway. And I don't know how that's categorized. Is that part of the wall? Or is that a separate structure? And how is that height permitted in relationship to the wall? Yes, so that was actually reviewed separate from the fence standards. It is considered an accessory structure. And as you noted, it is well above the wall height. However, one thing to take note, I'm going to go ahead and switch to the site plan. Is the fact that this structure, this accessory structure is behind the front setback. So as long as it actually doesn't go over the 15 foot height limitation, it's within the R1 zoning district standards. It was calculated as a part of the floor area as well. So this was given a review that would have been similar to a minor design review. Thank you. All right, we'll go to Council Member Botsworth. Thank you, Mayor. I just have, I had a question about for the city attorney, but I think Sean covered that in a presentation with regard to the Melo Act. So I just have one question. Sean, I know there's lots of codes and ordinances that I'm not familiar with. I look, but could you tell me what code exists that does not allow for gentrification in capital? Could you say that last part again? I want to know that what code there is that says that gentrification is not allowed in capital? There's no code section like that that I'm aware of. Thank you. Council Member Bertrand. Yeah. Well, in the living, Sean, thanks for the presentation. It was very good. I appreciate that. In the living quarters, I noted in the discussion, there's only a bathroom going to be in there. Can this be converted to a full living quarter in the future? Are you referring to the detached living space? No, living space. Excuse me. I mean, would we be able to do that? Because we can only have one ADU that's detached as far as I know. I don't believe you could get a permit to convert that into an additional accessory-dwelling unit. Okay. Okay. Thank you very much. All right. Any additional questions from Council? Seeing none. Okay. Seeing none, we will bring this to public comment. Public comment for this item is now open, and I will turn it over to our moderator to call on attendees and those who have sent in emails. Okay. Thank you, Mayor. We have Derek Van Alstein. He is the person with a hand up in the Zoom meeting, so I will allow to talk at this point. Good evening, Council. This is Derek Van Alstein. I am the designer of this project and many others. And I'd like to thank staff for their hard work on helping us get this project to comply. This is a very interesting project in that it's the buildings as they are very run down. It's, they're hard to deal with. I think we've come up with a plan that will work and that will fit in nicely with the neighborhood. The one thing that I would impress upon the Council is that when it went to planning commission, we only had four commissioners, so we didn't want to have a case where it came, where it went around and around. We didn't want to have it come to Council and then go back to planning because it would be in the same condition because we had one commissioners that had to recuse itself. So that being said, I think that we've shown in the revisions that we've provided that we put extra care into doing the landscape to soften the hardscape in front of the wall and soften the wall itself and the reduction of the wall all served to help the project fit in and cushion the surfaces. So the other piece of this is that having everything back that far from the street and it in fact does a nice job just in the setback of softening the impact. If this were a single family parcel, you'd probably be building quite a few more square feet because it would be allowed. So it's not an intense use of the site and I think it's a good redevelopment of the site. And in terms of the architectural style, you know, you have the Venetian, you have the Casa Blanca on the corner, you have other, there are a plethora of Mediterranean buildings. There has been mentioned one of them, the Venetian of course. That's all part of Capitola's history and there's lots of room in Capitola for different styles. There are different styles all throughout Capitola. That means I time's up and if you have questions, I'll be glad to answer them. Thank you. Doesn't look, Larry, doesn't look like we have any additional attendees with their hands raised. I do not see any. We do have a few emails and I will start and I will try and share as quick as I can. I'm Jim Galletley, my husband and I just purchased our home at 502 Escalona Drive in Depot Hill. I heard of the proposed changes to the multi-unit dwelling on Oakland Ave. I strongly opposed to the tall fence out in front of the property with parking spaces in front of it. This will look like an apartment building. The style of the proposed fence doesn't look or feel at all beachy. I don't feel the style fits in with the neighborhood at all. I don't think enclosing properties is the direction that homes should take. I am opposed to the fence being built in the manner proposed. Jim Galletley. Jim Galletley interiors. Diablo design group. Okay, I'm going for the next one. It's given me a message I've never seen before, I apologize. Dear sir or madam. I live at 211 Oakland Avenue next door to the subject property. We have been at 211 Oakland for seven years and not only love Depot Hill, we've successfully encouraged three couples slash best friends to buy homes here. The neighborhood is unique in many wonderful ways. We knew when we purchased our home that 207 had and would likely always have a two-story structure and another single story one on our joint lot line. Don't have to like it, but can't complain about it. However, the structures next door are at least reasonably consistent with the overall neighborhood and the parking in front of the structures but on the lot services the lot well. The proposed remodel slash renovation poses three key negatives I hope the council will consider and reject. One, converting a four structure compound that more or less blends into the neighborhood into a Mediterranean set of structures will make it stand out starkly both visually in and of itself and versus the overall optics of the neighborhood. Two, a large wall across the front would worsen that considerably and be highly unusual. And three, the wall will likely push the three to five cars often there into the street. I understand the desire of the new owners to make this property their own, but this plan negatively impacts the neighborhood unnecessarily. Thank you for your consideration. Rex Jackson, 211 Oakland Avenue. My name is Elizabeth Jackson. I live at 211 Oakland Avenue. At the June 4th meeting I made a comment about the Mediterranean style of the proposed house and that it does not fit the style in Depot Hill. One of the council members contradicted that saying there are many Mediterranean style houses. Since then, I have walked all the walkable streets in Depot Hill and found the mass majority to be wood style siding or shingle. I found 26 that are stucco and wood, including 207 Oakland Avenue. I found only one, 304 Grand Avenue, that is a similar. Mediterranean style is proposed and it does not fit in with its neighbor's wood style. So once again I want to comment that this style of house is not appropriate for Depot Hill. In my walk around I also saw no tall solid walls in front of houses in Depot Hill. There are a few hedges that have grown tall but none are in combination with tall solid walls. Most houses have either no fence at all in front or they have a low fence around 3 feet tall and many are picket fences. I object to the wall being solid and tall because what will be seen from the street will look like an apartment building with parking in front up to the wall. The residents have four cars and no covered parking so all will be parked in front of the property or on the street. The architect is clearly getting around the Capitola 3 feet 6 inches front fence rule by having the wall be slightly further back from the street than the front of the house. This is a fine point that may let them build a 6 foot wall but the spirit of the rule is clearly meant to have front fences and walls limited to 3 feet 6 inches. Therefore I strongly object to allowing 2 extra feet of wall to be solid as requested. Perhaps as a compromise they can step the wall down from 6 to 3 or 4 feet at the gate and then have the gate be 3 feet 6 inches tall. That would give it a more welcoming appearance. Thank you, Elizabeth Jackson. Okay, I have one more for this item. To whom it may concern. I am responding to the appeal notice received regarding the denied design permit request at 207 Oakland Avenue discussed at the last public hearing. As mentioned in my previous email, I do not believe a Mediterranean design and solid 8 perimeter wall is conducive to the eclectic beach community of Depot Hill. Although the appeal mentions that Depot Hill has several similar style homes, I personally am not familiar with many. Additionally, it is with my understanding that the front fence permit standards state a maximum height of 3 feet 6 inches. I am sure that the proposed home will be beautifully designed however with the tall 8 solid barrier and parking lot facing the front. It will not be at all attractive or community minded which is why it is important to maintain our front fence standards. I hope that you will consider my comments and deny the design permit as currently proposed. Sincerely, Andrea Dorman. Okay, that appears to be all the public comments we have for that item. Hold on, let me check real quick, I may be wrong. Oh wait, no, we did get one more in my apologies. I have looked at application for fences and it requires only three six fourth run yards. This exception for this property is way over that. Ann Greeninger, 212 Oakland Avenue, Capitola 9. Okay, that looks like all the public comments for this item. Great, thank you. With that, we'll bring this item back to council for deliberation and a vote. If there's any council members that would like to comment, feel free to use the raise hand button and we'll get going on a discussion. Council Member Botter for start with you. Thank you, Mayor. I have to say, I'm very troubled by this appeal for many reasons. And I first thing I want to do is I want to apologize to the owners that submitted this because I'm sorry they had to go through this project. I got on the council eight years ago and one of the main reasons I ran is that there was a project being built on people Hill. The church on the corner of that's the loan and I'm going to say Oakland. I mean, I've had that right. There's the church building that I believe turned out to be one of the most beautiful remodels or reconstruction. There were people on the planning commission then that instead of looking at the codes and ordinances that were available took more of their personal opinion to stop that project. What ended up happening there was there's a wall that happens to be built all the way across that property. And I think I still say it's one of the most beautiful buildings in the city. And that motivated me to have one of my standards is I'm here to protect, excuse me, protect the rights of homeowners and what they do with their property. If we let public opinion sway what people did with their property, people would find all kinds of things wrong. Another message note that was made was a commissioner Ruth noted that the site improvements did did not support the Mediterranean design because it doesn't fit in the neighborhood and it doesn't exist throughout the city. So I went out and presented a little PowerPoint and if I could get the assistance from staff, I'd like to run that now and show a little survey of Mediterranean homes in Capitol. Is that possible? This is Sean. I'm about to put that up for you. Thank you, Sean. One first picture is one located in Depot Hill. The first picture up the left corner is in Depot Hill. The second home next to it again in Depot Hill. The third picture and fourth is of another house again in Depot Hill. You get over to the pictures on the right that's San Mar San Mar and San Mar. And I think there's one other slide, maybe two, Sean. That's all San Mar San Mar San Mar there. And then here we have these other four on the left are all in the jewel box. The other two are two more in the jewel box and one in Riverview. Next slide. And I guess you could say that there's no Mediterranean in Capitol. Oops. Maybe the Venetians maybe the most famous buildings in this town. For someone to say that Mediterranean doesn't exist as a ludicrous. The other picture on the left, I want you to pay attention to on the right. I'm sorry. There's a lot of people that are collected with their homes. I just put this on there because it happens to be a home in jewel box that somebody attached butterflies to the wall because that was their way of expressing themselves. And I think that when neighbors come out and are punitive against other neighbors because they dislike something. I think what the planning commission needs to adhere to is the sets of codes and ordinances and apply them and keep their personal bias out of this. As was mentioned by by the architect, I believe one of the reasons that there's the problems with this project failing was one of our. Planters had to refuse themselves, but I think our councils and our commissions are strongest when we have a full vote. I feel pretty sure that if there were been a full vote, we wouldn't be having this during today. And I think there's one more picture, Sean, if I'm not mistaken. This is the last slide. Okay, there was another picture there. Didn't make it, but I'll just go ahead and tell you about the house. It was a house up in the jewel box. The entire front yard is landscape with cactus. I think we're all familiar with it. It's just, you know, you may not like what your neighbor does, but there are certain rights that you're entitled to as a homeowner. And that's my main reason. So I will be supporting this. In fact, I'd like to make a motion that we support the appeal of the owners. I'd like also like to include in that that they not be charged to see as I believe that this was done inappropriately by the planning commission. Thank you. I'll second that. Thank you. Council member bot work. We have a motion and a second will continue conversation with council member story. Thank you, Mayor Peterson. You know, before I began, I, I wanted to disclose that. You know, I had walked over to the property. Just yesterday and I had an opportunity to speak with the propellants about that project. So I just wanted to disclose that I have been on site. And I'd like to one address the. Well, now I think three issues that have come up. One is concerning the project. One is concerning the reduction in affordable housing. As Sean already mentioned, you know, the mellow act doesn't apply. I don't think our inclusionary ordinance will apply in this situation. However, I understand from the staff report what has caused the reduction in the amount of housing. Even if there is, they, you know, the number of units that have been reduced is very minor. But even to that extent is due to our own zoning ordinance, which prohibited the applicants from putting in a multifamily, in other words, replacing what was there. So I don't think the applicant should be penalized for our own ordinance. And I think I have a greater concern about the expiration of the non-conforming usage, you know, in on Depot Hill, because there are several multifamily apartments, dwellings here that will expire in 2029. And I think on a, just on a housing public policy basis, the council needs to continue with that issue. Or we're going to end up losing many other affordable housing on Depot Hill concerning the style. Well, I don't think I could better what Councilman Bortov showed us. And I just want to confirm that on Depot Hill, there are, there are many homes that are in the Mediterranean Stucco Spanish style. It's not a majority of them, but there are sufficient numbers here. Our general plan recognizes that Depot Hill has a variety of architectural styles. And our local coastal plan requires that new developments be compatible with the architecture of the area. And I certainly could not, could not find that this particular style is not in keeping with the architecture of the area. It matches several other homes. And then I also wanted to comment about, many of the neighbors raised concerns about the wall up in front. And I'll say probably personally, you know, that's not a favorite aspect of the project from my personal point of view, but I'm not here to project on to the property owners, my personal point of view. What my requirement is to look at what our zoning codes allow and what they don't allow. And it so happens that the zoning code, because the wall is behind the setback line, it is allowed to be up to 60. And I had asked the question about the entrance, and that is considered a separate accessory structure, and which is allowed to be at that height. And so, you know, because of that, even though I personally don't, I don't care for it. For all the reasons that some of the neighbors mentioned, that certainly can't be a basis for me to vote to deny this appeal. So I'm going to support the motion and I do support waiving the appeal fee on the applicant's. And so that will conclude my comments. Thank you. Thank you, Council Member Story. Council Member Bertrand? Thank you, Mayor. I too went out there and I've known of that house because, well, I've probably knocked on most homes in this town a couple of times, like many of us who run for city council. And I've known of that house. And I think the upgrades that they're going to be making is going to be a great improvement to the neighborhood there. I think they'll look so much better. So from that standpoint, I think in general, neighbors will like it when it gets completed. I talked to two neighbors. I didn't get any sense that there was a controversy. I was informed about other problems in the neighborhood, though. And I kept trying to steer back to the project at hand. And they were fine or they didn't think of anything that they had a complaint about, but I didn't do a complete survey. I just talked to people that are on that block. So from the standpoint of empathy, I could see the state and the entranceway for some people to be an issue, although I've seen many similar things around capital. But this is a family that's moving in. I believe their two sons are going to be there. And I think it's like a family compound. I know many houses in capital that are like that were, you know, and that's very Spanish. I've traveled in Mexico with their multiple times for short periods of time. And there's many compounds like that where it's a family family affair. Basically you go in the main gate. And I think there's many examples around the world. So it's not unusual. It may be a little bit different than what is generally here in capital. I think that's why they're doing this. So I think that it's going to be a very nice home when it's completed and the family is going to greatly enjoy it. And I hope the neighbors eventually welcome them as members of the neighborhood. Thank you. I will be supporting it, obviously. Thank you. Thank you, Council Member Bertrand. Vice Mayor Brooks, do you have any comments? No. Okay. I have a question. So, and full disclosure, I'm well aware of the property because I lived on it two or two and a half or three years ago. I was at 207 Oakland, number two, the back half of what is now the duplex. And my understanding was when those of us that lived there, we had to leave because they were and then a new group of people of renters came in so might understand now that the people the four units that are there now have renters in them and they will now be displayed. Does anyone know? I can speak to that. During the public caring and planning commission the owner spoke and there at that time there was only one unit that was being rented at the time the others three were empty and the one tenant that was renting had plans to move out this summer. Okay, thank you. And so this will essentially no longer be multi-family housing. This will be a single-family dwelling and the entire property and all of the dwelling units will be under one one family, correct? That difference it'll be a single-family home with one family. They'll have a secondary dwelling unit that they're allowed to rent out to us to a separate entity but it will no longer be a multi-family fortnight. So whether or not they rent out the secondary dwelling units up to them. Okay so we essentially no matter how you how you word it we are we are losing units or renters, correct? Two units. Okay all right well I have to say I'm concerned that we're losing additional housing additional housing units. When I lived there we built and called it that my neighbors and I called it the compound but the wall in front of it really does make it look like a compound and to be quite honest it reminds me of I want to say it's on Portola there's a house that you drive by and all you see from the street is a wall and you can't even tell really that there's a house behind it. So it's concerning I'm not a fan of the style I'm concerned that we're losing housing that would otherwise be available but I understand that you know we're not making decisions based on our own opinion so I'm disappointed but I will support motion. There's no additional comments. We have a motion in second. We have a roll call vote. Yet Council Member Bertrand. Aye. Council Member Botthorff. Aye. Council member Story. Aye. Council Member Vice Mayor Brooks. Aye. And Mayor Peterson. Aye. Motion carries unanimously. Moving on we have item 6B and I'm sorry that's 670. An update to the Community Development Block Grant Coronavirus Response Application. Mayor before you begin this item I'd like to disclose that my wife's agency Community Action Board is one of the proposed applicants so based on that I have a conflict and I'm going to refuse myself. Thank you. Council Member Story. Council Member Story. All you need to do is mute us and so that you can't hear the discussion if maybe Bert he done that and you can't hear me and then we'll just wait when we're ready to bring you back. Okay, I'm saying I don't mean to belay this but are you saying that I didn't need to disclose? No, I'm saying that if you're going to recuse yourself from this item in these days of Zoom you don't have to physically leave the room. You just have to mute us and how to do it. I get it. Thank you. Okay. Good evening, Mayor Peterson and City Council. For each item I'm going to discuss the CDBGCD Grant. On March 27, 2020, Congress passed the Coronavirus Ease, Release and Economic Security Act to support preparation for and response to the community impacts of COVID-19 pandemic. The State of California received approximately 19 million in Care and Act funding. Capitola is a non-entitlement community due to our population being less than 50,000 people. This is important to understand as entitlement communities are subject to oversight by HUD under the federal government. As a non-entitlement community we're subject to the state standards and just the disbursement of funds for non-entitlement communities will be through the California Department of Housing and Community Development through CDBG Community Development Block Grant program. HCB has different guidance tied to the funding than the federal government. So many of the projects that you're hearing about our neighbors doing with this funding. When they have populations over 50,000 they have different regulations that they can work under. There'll be three rounds of CDBGCD Grant. The Grant announcement identified up to $88,000 of available CDBGCD Grant for the City of Capitola in the first round funding. The City also has approximately $80,000 in CDBG program income funds. This money came from one down payment assistant loan that was paid that was recently paid off by the program participant. So CDBG program income funds maybe utilize in response to COVID-19 pandemic on eligible grant activities. So that gives us more money to realize on the first round. In total we have approximately $168,000 of funds. The funds maybe utilize for up to three CDBG activities and also because we have the program income fund well we can do an additional program. Activities must be related to the preparation prevention response and recovery of the COVID-19 pandemic in the immediate and medium term response. Each round of funding is limited to the three CDBG activities. On this slide I have looked at what qualifies as the CDBG activity. As you know we've put together an ad hoc committee made up of our Mayor and Vice Mayor. They've met three times since the original resolution was adopted by the City Council and during these meetings have tried to prioritize activities for the first round of funding. During the second ad hoc meeting the committee identified public services including food and rental assistance as well as economic development business assistance as a priority for the first round of funding. Details on the economic development program were published after the second ad hoc meeting and unfortunately the economic development program put in place by the state hcd is more restricted than the program under the federal HUD. Under the federal HUD program it allowed entitlement communities to provide funds to small businesses through grants. hcd is not allowing economic development grants. All economic development activities providing financial assistance to businesses require loans with underwriting. So Watsonville had a program of giving $2,000 per business to help with rental or utility coverage. To do underwriting for that would be a significant effort for a small amount of money. So within the standards that we'll be working under, each loan must aid a business for a minimum of three months and provide proof of retention of low and moderate income jobs. The underwriting requirements include documentation of 2019 profit loss statements and must show impact COVID-19 and necessary funding to ensure the job retention. Currently there is not a local economic development nonprofit with a program in place to minister such loans with the underwriting requirements. Staff is working with a local economic development nonprofit to establish a loan program with an underwriting partner but the program is not yet established and the goal is when you receive your funds is to get them out as soon as possible. So during the third ad hoc committee meeting the group is told of this new challenge presented for the economic development funding. With the new information the ad hoc committee recommended funding public service activities including food and rental assistance for the first round and then to focus on economic development homeless services and assistance for after-school programs during the second round. Staff contact is local nonprofits that provide food distribution services and rental assistance to capitol residents requesting information on the needs relative to COVID-19 pandemic. This slide shows the requested funds in the third column and the ad hoc committee recommendation on the last column. The one item that will not be fully funded is bliss line or the two items and community action board. It is important to note the city provided community action board with $25,000 in funds from the housing successor agency fund for fiscal year 2021 as we have historically done for towards rental assistance. So under for community action board the total fund that they will receive with this $20,000 grant and $25,000 from our housing successor fund is a total of $45,000. So it's close to the $50,000 that they were requesting. And the good news is when these when the needs came in if you were to take the bliss line out of the equation we were within a thousand dollars of meeting the needs of all that are for food requests for for capitol residents and these three nonprofits that have supported our residents for a long time. So great to have this available funding come so close to the need. So this evening staff is recommending that the council adopt the proposed resolution amending resolution 4175 to revise the funding allocations between eligible activities and authorize the city manager to enter into sub-recipient agreements with community bridges, Gravesburg Second Harvest Food Bank and the community action board. Thank you that concludes our presentation and I'm available for questions. All right the vice mayor Brooks you have a question. Yeah thank you mayor. Katie can you just tell us when the next round or when we anticipate the next round of funding will come in and approximately how much we're anticipating? So the next round I actually spoke with Paul Ashby our new consultant that's helping with CDBG grants and he said there was no update on the exact timing of the next round but they the HCD mentioned they hope to have the next notice of funding availability out in about approximately 60 days. He said that through his work over the years with HCD it's typically a little bit longer so that's a 60 plus phase and then the question about how much funding in the second round we're expecting to get more funding but because we had our program income funds to tie into this it will be great it most likely I'm not sure you know we won't know until the notice of the NOPA comes out it'll tell us exactly but it should be larger than the $88,000 that we saw in this first round. Thank you. You're welcome. Any additional questions at this time from council members? Seeing none we'll send public comments for this item I'll turn it over to Larry to moderate our public comment. I do not see I do not see a hand raised Mayor Peterson and let me see if I have any emails. I do not see any emails either about this item. Great with that we will close public comment and bring it back to council for discussion and a vote. Vice Mayor Brooks. Yeah I just wanted to add a comment Katie had mentioned that we were looking at the possibility of putting some of the future dollars towards after school programming and I just wanted to offer some clarification that that it wouldn't just be that our thoughts were not just for the after school program but I just want to elaborate that it would be on early childhood and youth programming as a whole versus just specifically after school programming so I just want to offer some of that clarity. Thank you. The additional comments? Seeing none we will entertain a motion. Oh hold on. Oh councilmember Botthorff common motion. Motion to approve staff recommendation. Great do we have a second? I'll second. We have a motion by councilmember Botthorff and a second by councilmember Bertrand can I roll call vote please. Bertrand. Yes. Councilmember Botthorff. Aye. Councilmember Story is recused. Vice Mayor Brooks. Yes I just want to say thank you Mayor Peterson for working with me on this. Aye. Great and Mayor Peterson. Aye. Motion carries unanimously amongst the councilmember's voting with one recusal for councilmember Story. So if we can bring him back. There he is. Welcome to the councilmember Story. We will go now to item 7c consider a proposal for an out-of-school time recreation program for the blended learning 2021 school year. Good evening Mayor Peterson, councilmembers. Let me take a minute to share my screen. Councilmember Botthorff can you put your hand down so that when we go back to the comments I'll have a clean slate. Unless you're just dying to talk on this item already. Oh I do not. Sorry about that Mayor. No problem. So the item before you this evening is the out-of-school time recreation program to begin with some background. So for the past school year recreation and the Focal Union Elementary School District began a partnership to offer an after-school rec club that was hosted at New Brighton Middle School. This program was very successful and we had the intent of continuing this program. However the COVID-19 pandemic changed things and it then created a high need for child care programs for school age children with the school closures and then looking forward to medium-risk models. So currently recreation is operating two successful youth programs, summer programs, under the current child care guidance that is required for these programs to operate. And staff have been working with Focal Union Elementary School District to identify what the child care needs would be for the coming school year. And in conjunction with those conversations staff developed an out-of-school time program model for elementary and middle school age youth. This would include new job descriptions and team schedules. Since with an update, since the staff report was written prior this week on Monday, Santa Cruz County Office of Education announced that Santa Cruz County meeting criteria to move on to the monitoring list. Schools will start the year with distance learning. So originally the staff report presented a blended learning model and so what we are now looking at is that schools may reopen for in-person or blended learning instruction once Santa Cruz County numbers meet criteria for 14 consecutive days. In the construction of the staff report, the staff anticipated that there might be an additional school closure sometime during the operation of the out-of-school time program or OST program. And at the moment, staff believes the child care programs will be able to operate. Things change pretty regularly these days so we will see. But this presentation is going to focus on details of how the OST programs will operate in the with the current expectation that we're going back with distance learning and that they will be operating on a full-time schedule at the beginning of the school year. And when or if Soko Union begins a blended learning model then the OST programs will operate as detailed in the original staff report. So for current guidance for recreational programings or child care participants that are enrolled in program need to be placed in stable groups of no more than 12 children. Those stable groups cannot mix with any other group and staff assigned to each group shall not mix with any other group. So all youth enrolled in a program and all staff need to remain stable. In the event that a group goes into an indoor space there can only be one group in that indoor space and if that room is scheduled for a second group to enter complete sanitation needs to occur between the two groups. And then safe covering social distancing, health screening, and hand hygiene protocols apply for these programs. So with that the first OST program that I'm going to explain to you is the elementary for elementary age youth. And one of the significant factors with child care at the moment is being able to identify a number of rooms in order to increase capacity. If you have one room then you are only able to have a capacity of 12 in your program. So an aspect of this program has been to identify additional rooms, additional spaces that we would be able to expand to in order to increase the capacity. So for the elementary program staff reached out and developed partnerships with Shorelife Community Church as well as United Way First Five that enables us to provide a larger capacity for elementary students. The current plan would have four groups of 12, one at J Street Community Center, one at United Way First Five, and two groups at Shorelife Community Church for a total of 48 hotel elementary students. This might be able to be the capacity might be able to be increased and potentially provide to Main Street Elementary as well if additional sites are identified. Each team or each pod will have a stable staff that will consist of a senior leader and a leader. Excuse me. We will be providing care from 8 a.m. to 6 p.m. Monday through Friday and the program will cover morning distance learning so all sites have internet access so that the students in world will be able to participate in their online distance learning and then the program will also provide homework support, recreation activities, and healthy snack to those who will. In the event that there is a shift to the blended learning model that was originally outlined in the staff report for the a.m. p.m. four day stagger that that so-called union was planning to offer, we would also shift this be able to shift this program to match the blended learning that was originally detailed in the staff report. For the middle school OXQ program, we would be able to provide for two groups at the Jane Street Community Center for a total of 24 participants so we might be able to increase the capacity of this if additional sites were identified. Each shift would have stable staff that would consist of a senior leader and a leader and also we would be providing care from 8 a.m. to 6 p.m. Monday through Friday for this program and again the we would have the morning distance learning and then switch to homework support, recreation activities, and a healthy snack. In the event that we shift to a blended learning model, the middle school was planning to have the a.b. cohort two-day rotation and this program would be able to switch along with it. Also in the original staff report there was also proposed more classic in-person after-school type program but this model would not be available until we shifted to a blended learning platform so in the distance learning the in-person after-school program just doesn't really work with the resources that we have available. Additionally for OXQ programs, depending on enrollment or available sites, the middle school as team may experience changes so for example it is possible that we might see a higher demand in elementary or a lower demand for middle school. We could potentially allocate one of the rooms that the middle school program is currently planned for to be for elementary if that was something that we saw in the request for demand. Recreation will offer a priority enrollment phase for essential workers as well as so-called union teachers. The distance learning model will not require transportation for elementary students as was originally detailed in the staff report so with this current distance learning model staff will seek a contract with enterprise when so-called union transitions to a blended learning model hopefully at some point during the school year and because the requirements for the stable groups to drop in care is unfortunately not an option in any of these programs. So the consequences of providing these programs is that using the community center for them will prohibit adult classes to operate on the weekday. In preparation for this we surveyed class participants as well as instructors and received significant information that online is their preference at the time but there is not a high interest in returning to in-person classes whether they be indoors or outdoors until the situation is safe for it. For this budget adult classes also included a revenue of $250,000. If we because of that this budget figure will need to be revised downwards and I believe will be done at a meeting a later meeting. Evaluate conditions for adult classes should school return to a complete in-person learning model hopefully the situation that if we're returning to complete in-person learning it will also be the case that adult classes will be able to return to the community center safely and the operation of the OSQ program will prevent a community center from being used as a polling site in the upcoming presidential election. The upcoming election the criteria for polling sites is different than it has been in past years and it's actually planned to take place over four days and some of those days are weekdays which would overlap with this program. So in regards to scholarship recognizing that there will be a need for scholarship at the end of the school year there were two sessions of the after-school rec club that were not able to operate due to the onset of the pandemic and that fund has a remaining $3944 in it. Around in May council allocated the remaining of the early childhood and to summer youth program scholarships and currently that fund has a remaining $4,560 and also if we had council previously discussed the anticipated 2021 early childhood and youth TOT fund which may be around $15,000 that was allocated to recreation we had discussed several different types of categories that that could that money could be directed to and it could be directed to to completely directed to scholarship and if that was the choice in the total potential funding for scholarship currently would be the $23,494 potential so the intent for the OSQ program has been to provide a net neutral budget. The OSQ elementary full-time program it has a projected fee revenue of $2,997,000 with expenses at $293,826 with a direct wage cost of $252,844 so the significant is the high staff need for these models and then we would be entering into agreements with the partnering organizations and that would not exceed $4,000 for the OSQ middle school full-time program a fee revenue of $161,460 with expenses at $160,444 with a direct wage cost of $134,572 so if the OSQ programs are approved tonight then an amendment to the 2021 fee schedule will be a separate agenda item and the fees for both programs would change should the school district begin a blended learning model so my recommendation for you this evening is to consider the temporary suspension of adult classes and allocate the use of the J Street Community Center for the out-of-school time OSQ recreation program consider and approve full-time elementary and middle school out-of-school time programs which may transition to a blended learning program should so-called uning elementary school district transition to that model for the 2021 school year authorize the city manager to enter into an agreement not to exceed $4,000 in total with partnering organizations to lease additional space for OSQ programs authorize the city manager to enter into an agreement with enterprise fleet management not to exceed 125,000 for a long-term vehicle rental should proposing in transition to a blended learning model for the 2021 school year and adopt the proposed resolution amending the hourly seasonal pay schedule creating three out-of-school time positions the OSQ coordinator the OSQ senior leader and the OSQ leader so that concludes my presentation and i am available for question thank you niki uh council members do we have any questions with mayor brooks and thank you niki for the presentation just one quick question what will the great cohorts look like for the elementary and middle school um so what i'm currently um suggest is that we would break up elementary into um two separate groups that we would enroll in cohorts that would go from kindergarten to second grade and then third to fifth grade and um so i had originally thought that it would be like two classrooms of for our kindergarten through second and two classrooms third through fifth and then the remaining two rooms that we currently have secured would be an additional to middle school i don't anticipate restricting middle school enrollment other than just the full sixth through eighth but i would anticipate it being the majority of the sixth grade and niki have you um looked at whether or discussed i didn't see it in the report whether the priority would uh for enrollment would go to directly to um uh folks who are considered essential workers yeah so we would be providing a priority enrollment period for essential workers as well as the so-called union elementary school district teachers okay and then sorry i said one question but i i i have one more um what would how would scholarship be the ciphers um so we have um the some programs we have the capital foundation uh reviewed our scholarship applications so independently of us they review scholarship applications and then allocate funds to those families that communicated to us and we award um individuals that are enrolled and so we have reached out um to that same organization and made a request for them to uh also take on the ost programs for the school year um and are eagerly awaiting thank you yeah i think council member batron had his hand up next and then we'll go to uh council member story thank you mayor um i just have two questions first the shore life church i forgot yeah shore life church is actually just down the street from um the the school district office um it's it's a kennedy and monorail is i'm forgetting streets off the top of my head i know randy is on um is on as an attendee right now who is the pastor of shore life church so he could probably give you some better uh directions and take back the word and i should also point out that um school district staff are also currently on as attendees um should any other questions would be directed to them i thought that's what the church is i i pass by it so fast that i have a different name for it in my mind and um so being that's the church and you know they're very community minded they also provide housing um for some um they have a program on housing i'm not sure they choose the members that get there but they do a lot of things for homeless community and i think it's a great partner so i'm very happy that you you reached out to them my daughter went to their after school program which is no longer in existence they did have a regular after school program so that was a great boon to the community when my daughter was a capital elementary so i'm glad you reached out to them my second question is and i don't want to look a lot of detail i just want to get an idea um the programming how's that devised and and where's that going to come from you know you're going to have a broad section of students a grammar or middle school so how's that going to be dealt with um the programming the programming that is happening for recreational activities that's what you're asking about yeah how's that put together i mean you're recreation directors so you know this is what you live and breathe i was just wanting to get a better idea of how that's being put together that's all yeah um i i think that it's definitely still in the development phase but we would be looking at it in much of the same way that many of the county programs that started providing for county staff or city staff where they would have a schedule that would include the distance learning time that was spent for students and then implementing more traditional recreation activities and much like the after-school rec club we drew on some scheme activities we tried to tap into sports and recreation activities and then it would be figuring out what we would be able to do with the current limitation so everything currently needs to be reviewed in order to ensure the appropriate social distancing and the materials that are involved in activities are able to be individually spaced and all the different protocols that are required currently so it'll take a little bit of analysis in order to identify but i feel confident that we will still be able to just like the camp program that we currently have provide not only a space for youth to do their educational responsibilities and support them in lieu of working parents and then transition to enrichment activities and homework and a nice safe space for them to be in okay i'd love to hear more about in the future thank you very much thank you councilmember story yeah thank you mayor yeah niki this sounds like a really filling an important need for child care that schools be being parts of close my question goes to the law and the adult class revenue of 250 000 assume that that will be offset by a equivalent expense to in essence neutralize that loss revenue i'm not prepared to answer that question this evening i there there will be yes there there are associated expenses we would be we're not paying the contractors that we would typically be paying in order to um to provide those programs but exactly what that is i don't know off the top of my head um i'm not sure if jim does or i think i think i can offer that more than anything with the decision to not have adult rec classes which really doesn't look feasible moving forward through the first half of the year at least there's going to be a fiscal impact because we were projecting some revenues from that so there will be some revenue say sorry expenditure savings as well but i think we need to be prepared to when we get into the budget update coming up at the end of um in september the vet is going to be one of the hits we're going to see hopefully there won't be a jetet and there'll be some more positives as well but that is what we'll be looking at okay thank you i can give a little more detail but um adult class budget had $250,000 of revenue and about $140,000 worth of expenses so losing adult classes is is going to be something we're going to have to adjust to as we go through the year and do budget amendments all right thank you um i just have one question in regard to the loss of a polling place have we identified any sites that could potentially supplement the polling place that we're losing i know that there's a lot of encouragement for for everyone to do vote by mail this year but because of the the circumstances surrounding the pandemic i am concerned about the the loss of the polling place so i'm just wondering if we've looked into um i don't know if the spirit store would be out of the seers building by three days after halloween but have we looked into any other potential sites to replace that loss of a polling place so um in preparation for this this presentation and planning this program i reached out to the county clerk's elections office and spoke to an individual there that was identified on the letter that was sent to us um and was originally trying to identify if we would be the so the current plan that they would like is to have a polling place from october 31st through november 3rd so that is saturday through tuesday and um i had asked if we would be able to do part of that and their general feeling was that it was kind of an all or none sort of thing but because of the um difference in the way that elections are going to be operated um she felt that as long as the city of capitol had identified one single um polling place that it would be more than enough um and that was a phone conversation that i had and um and no no follow-up information sometimes okay thank you all right uh with that we'll bring this to public comments we'll turn it over to our moderator to let us know if there's any public comments on this item mr peterson i do not oh wait i do see i'm sorry if someone did raise your hand oh randy richway i believe i'm sorry if i pronounced during it incorrectly thank you um i just wanted to speak on behalf of the church uh our agenda is to be a help to our community and we live here we want to be a part of it especially with the the pandemic and if we can help uh we will do whatever we can do to be a system thank you i do not see any other hands and i do not see any emails regarding this item okay i see uh scott turnbull has his hand up it looks like he's over in the panelist section now um scott are you uh looking to provide public comment if that's acceptable yes of course good uh we would just like to say from so-called union elementary school district how appreciative we are of the support of the city council and the city and specifically mickey bryant who has really reached out to us and one of the things we really appreciate is that she has listened and tried to understand our need a need for child care in our area i think has uh always been a challenge and never more so than it is right now as we have had to toggle back and forth between a hybrid learning model and a distance learning model so we're just very appreciative in our district that the city and the city really walks the walk when it comes to supporting families so thank you thank you all right uh seeing no additional public comment i will bring it back to council for a discussion and a vote i see councilman the botch work has his hand raised thank you mayor i just want to second the comments from scott turnbull mentioned about how uh mickey and the city stepped up on this project you know a lot of things we do are repeat programs that we do near after near and this is truly a case where we had to reinvent the wheel and to do it in such a short time frame and and the presentation that i saw seems like it's out of all the eyes cross all the keys uh mickey i just wanted to commend you on a great job and uh i look forward to seeing your plan for that so thank you thank you council member botch work vice mayor brooks yeah i'd like to echo what everyone has been saying um i i first want to say thank you to randy and scott for opening their doors to this program um when i was elected in 2018 one of my priorities was to start uh securing and help create programs that would support our families and during this this pandemic it really has um highlighted that there are many many families in our community that really was are in need of support especially right now and mickey you championing and um filling this kind of vision inside of my head really really um makes me happy and proud to be a council member um and to be able to work with you so thank you so much um this as you know i work for the county office of education i sit on the child advisory committee in the children's network and every day i'm hearing what these needs are and so we're going to be filling just a very small void and i hope to see that these programs continue to grow if need be um should be uh disincerning continue and or the second model um so with that i would like to make a motion to pass the recommended actions proposed by staff tonight and i'll second that i'll second that and i have some comments too okay we have a motion to second and council member baton go ahead now i read early on how mickey approached setting up programs and one of the things that impressed me when she first started where she she reached out to and made a pretty good assessment of what's out in the community what are the options that we could um collaborate with um what what are the needs and i was very impressed on how she approached the start of her job here in capitol and i think this is a product of that and working with the school district working with the community life down the street on monterey i think it's just the beginning and thank you very much for doing this and as our vice mayor said this fills a major need but it's a need that we're starting to address which we really haven't done as fully as we have in the past as we should have been doing the past of course we do junior guards but i think we're expanding quite a bit more in regards to our commitment to the community in regards to the youth and the community so thank you very much for this thank you council member baton uh saying no further council comments we have a motion and a second can we have a roll call vote please council member baton definitely yes council member batorf hi council member story hi vice mayor brooks hi mayor peterson hi you can carry unanimously thank you we're going to move on to item 7d consider an amendment excuse me consider an amended fee schedule for fiscal year 2021 thank you mayor good evening mayor council i'm just going to share my screen with you here this next item is an amendment to the fee schedule that's in relation to the item that you just heard on the outside of school time program um just by way of background we review the fee schedule each year as part of our budget process and our current fiscal year 2021 fee schedule was adopted by council on June 11 11 since that time i'm sorry i'm sorry to interrupt you are we supposed to be seeing your screen yeah okay yeah we don't see there's nothing on the screen share apologies for the interrupt no i'm glad you did let me try this again it's happened last time was that better still don't see anything it's possible larry needs to uh give you permission there on both sides it's not yeah don't you don't do that okay larry's going to grab this for me you're no problem not sure what's going on that's pretty much the motto of this entire year though isn't it not sure what's going on jim i can write it from here okay thank you here we go we can see it now okay so um current fee schedule was adopted June 11th of this year and since that time is making just mention they've developed the out of school time program for both elementary and middle school students so next slide please so by way of revenue niki touched on this a little bit i just drilled out a little bit more to explain how we got to the fees that we're proposing this evening so revenues across the top for each program elementary 297 middle school 161 that was a little bit over for a total of 458 expenditures i think niki gave you the total and her presentations that breaks out into personnel contract services training memberships and supplies that you see on the screen so what we tried to do what niki i tried to do was allocate direct expenses in into the months in which they will occur so for example snacks are two dollars a day you know how many days how many students in each month so we allocate that directly to that month general training i think we have two thousand dollars ten month program that's allocated two hundred dollars a month and then that way we were able to develop a fee daily fee that is the same within each program regardless of the number of days in the month next slide please so for the elementary school you can see that the proposed resident fee is 34 dollars a day and the non-residency is 43 dollars per day and then the monthly total will vary from month to month based on the number of days the program will operate within those given months so august and december are the same they both operate 14 days and then you can see each month and how many days for each one and then we also have a late ticket fee that we're proposing on the dollar per minute which is consistent with our after school program that we normally run next slide please for the middle school the resident fee we're proposing is 37 dollars a day and non-residency 46 dollars a day and that follows i should have mentioned this on the last slide the non-residency is typically 25 percent higher than than the resident fee and that's consistent throughout our whole fee schedule and then again the monthly fees for each program is dependent upon the number of days within each of those months that what we wanted was something that was the same on a daily basis for each of the students rather than one month it's 20 dollars a day and the next month it's 40 dollars a day next slide please so that's actually all i have on the fees making areas has covered the entire program so our staff's recommendation is to conduct the public hearing tonight and adopt the proposed resolution adopting the amended fee schedule and with that i'd be happy to answer any questions all right questions from council members up over story do you have a question council over story i do sorry just a quick name and i do get to the right screen jim in the list of expenditures um i noticed that there's no line item for indirect or overhead expenses um i just wanted to ask about that and is that being absorbed with the general fund um this the way we do the recreation budget and nicky and i talked about this a little bit is we don't charge overhead to any of the programs we budget revenues and expenditures exclusive to just that program this the ost programs will not generate any additional overhead the overhead that we have is there whether this programs goes on or not if that if that makes sense to you again can i i also just want to chime in a little bit on that so the direction i gave nicky as we were setting up this program was to make sure that the program itself was revenue neutral the challenge with these these programs for youth right now is they're incredibly expensive because of the restrictions around coronavirus they just become very difficult to put on and so our goal was to keep it revenue neutral that is the pro putting on the program wasn't going to put us in a worse place than we were before but at the same time do our best to keep the cost down as low as possible so for example historically with our junior guard program we have used revenue from the junior guard program to fund some of the overhead for the department we weren't able to do that this year because of the requirements about the increased staff ratios the fewer children everything else same thing here so the bad news is that we're not being able to fund the back of house costs the good news though is that we're being able to provide this this uh very needed service in the community consider that award for the tribe off thank you council member return thank you mayor um jim maybe uh you can answer this question or maybe nicky what's a comparable price that similar programs might charge or maybe there's nothing that we can compare to i'm just trying to get an idea 34 you know where's this fit in the normal scheme of things i'm going to defer to nicky on that one because i don't think there are any other programs exactly like this and it's fine right right um thank you yeah i that's correct this is a completely new um idea of providing program to school age new um honestly the best comparison that i have is to preschools and i mean i could tell you i personally paid like 70 dollars a day um so that as far as what we're doing it is completely completely new thing um and the programs that are in existence across the county that started in april um were were funded from lots of different sources so there isn't really a any kind of history in order to go off of so the method that jim and i set out was trying to identify a fair fee that um with jim's direction of how we needed to do it for the budget thank you a quick question about the uh late pickup fee did that go into program revenue or does that go directly to the provider that was um that was there late it goes to program revenue okay thank you uh any additional questions being none we'll open this item for public comment and i'll turn it over to larry to moderate our public comment thank you mary bitterson um i do not see any hand raised in the zoom meeting and i do not see any emails regarding this issue for this item excuse me all right with that we'll bring it back to council for a discussion and to vote uh see councilmember ritron you're on you still councilmember ritron keep trying to um i move that we adopt the proposed resolution amendment and see schedule for the fiscal year 2020 to 2021 i'll second we have a motion and a second any additional discussion being none can we have a roll call vote please absolutely councilmember ritrand yes councilmember botthorpe aye councilmember story aye vice mayor brooks aye and mayor peterson aye motion carries unanimously uh we'll move on to their final item of the night uh consider an approval of contract change order number eight for the capitol of branch library project turn it over to staff or report using mary council i'm going to share my screen i hope so and council adam 40 tonight is a change order number eight for the capitol of branch library project um per our change order policy any change order over $50,000 needs council approval we've had seven change orders for that all have not needed council approval but have been reported out at various times during the project a little background on the reason for this change order is in April of last year conflicts between the building that's being built and the power lines along work road is identified we went through various design iterations with the undergrounding cost of two prohibitive they've been working with PG&E for the last several months and PG&E has designed a project to relocate the wires away from the building as part of providing a new electrical service connection for the building so they've kind of combined it into two city side to contract with PG&E earlier this month to complete the removal of the wires and provide the service connection for $1,500 um you're currently waiting for PG&E to schedule construction um as far as our contract with auto construction is the general contractor on the project originally had an ending date of that they had to meet of February of this year that was extended to May due to weather they cannot be compensated for delays caused by weather so the current contract schedule calls for completion of May 6 2020 which is well placed a couple months ago um as we near that date we've been working with auto to identify their costs that they're going to have to incur due to delays that are not at a fault of theirs so contract change order number eight extends the contract to the June 20th which again has already occurred but auto is continuing to work that compensates them for those six weeks between May 6 and June 20 once PG&E schedule is known we'll be able to accurately predict when the project will be able to complete it and we all can prepare another change order to extend it to that date this time we're estimating that to be December of this year so looking at contractor contract change order number eight it's the first claim we've received for delay costs and conflicts with power lines the amount of a change order request is $120,688 of that $111,789 is for the extension of the contract that's that six weeks we're extending it and these are for costs that p that auto is having to occur just as insurance costs overhead costs site management costs that they aren't covered in pay items that are in the project like completing the row for completing putting the HVAC system and these are costs that for them to manage the project to be on site you keep working and it's just so $8,900 the work is related to changes in the roof structure that were prior additional work from them in this case it's they had to modify the roof trusses to eliminate the overhang on the roof along work roads because it would have been in conflict with power lines once the power lines are moved then they will come back and add that overhang just to clarify auto-conclaimed costs for delays that are caused by the city or design errors and changes so they're not eligible like i said if it rains they're not eligible for delay costs if it's delays caused by them they'll cause them to go beyond the contract base then that is not something they're eligible for but these delays clearly are something that we feel they are eligible for reimbursement for so our recommendation tonight is to approve contract change order number eight the amount of $120,688 for additional project costs related to the conflict with pg and power lines that's the end of my report and we do have Dave Kanza in attendance tonight who is our project manager and is available to help with any questions you may have thank you do we have any questions from council members seeing no questions we will open this up for public comments turn it over to Larry I don't see any attendees with their hands up and so make sure I have the right one I do not see anyone anyone with emails on this item okay with that we will close public comment and bring it back to council I see council member Bertrand has his hand up yeah Dave stayed for this whole meeting I kind of like to see if he had anything to say I appreciate him being online and unfortunately it's the last item in general so if you have any illumination about how PG&E has acted or not acted I think interesting also I hate to keep you there for another hour to talk about PG&E oh please don't um yeah I just want to say that um you know uh I don't know if you recall when we bid the project auto bid a we all the bidders bid their daily rate for compensable delay which they're entitled to use for delay claims and that was about $2,500 a day and through negotiations and their willingness to you know work with us on this project you know this change order represents about $2,000 a day so they're you know they're working with us they're not taking advantage of the situation and I want to mention that they've been really great to work with thanks for that that's that's good to know it really is councilmember botworth thank you mayor I appreciate the all the effort motion to approve staff recommendation second in a motion by councilmember botworth a second by councilmember Bertrand comment none can we have a roll call vote please yes councilmember Bertrand hi councilmember botworth councilmember story hi vice mayor brooks hi and mayor peterson hi motion carries unanimously thank you thank you before we wrap up our meeting uh it was an oversight on my part to not request a report out on the closed session so let's do that briefly and then we will adjourn our meeting he met a mayor closed session was held on the four items on the agenda and no action was taken uh direction was given to staff thank you thank you all right with that we've come to the end of tonight's agenda thank you all so much for your participation and for the public comments we received tonight thank you for staff as always for all your hard work on this um please take care of yourselves and take care of each other have a good night good night