 I'm going to call the meeting to order. Can we have a roll call, please? Yes. Council member Bertrand. Oh, everyone's muted. Unusual. Council member Bertrand. Present. Thank you. Council member Bautorf. Here. Council member Story. Here. Vice Mayor Brooks. Here. And Mayor Peterson. Here. Please join us for the Pledge of Allegiance. Allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Thank you. All right. Do I need this or no? Because we have this microphone, right? Okay. In accordance with the current shelter-in-place order from Santa Cruz County Health Service and Executive Order in 2920 from the Executive Department of the State of California, this council meeting is not physically open to the public. As you can see, we have limited council members and staff physically present in the council chambers during this meeting. The rest of the council is participating remotely via video call. Members of council can use the reaction choices in Zoom to indicate they would like to speak, similar to raising a hand. As always, this meeting is cablecast live on Charter Communications Cable TV Channel 8 and is being recorded to be re-broadcast on the following Wednesday at 8am and on Saturday following the first broadcast at 1pm on Charter Channel 71 and Comcast Channel 25. Meetings can also be viewed live from the city's website, cityofcapitola.org. Our hard-working technician tonight is Benjamin Thompson. Thank you for being here again tonight, Benjamin. Despite being physically close to the public, participation is still possible. Public comment can be emailed to the council for their attention during tonight's meeting. Please identify the item you wish to comment on in your email subject line. Emailed comments will be accepted starting now up until I announce that public comment for that item is closed. Each emailed comment can be read aloud for up to three minutes or displayed on a screen. Emails should be sent to public comment at ci.capitola.ca.us. Emails received at that email address outside of the comment period outlined will not be included in the record. Lastly, we want to thank you for your patience tonight as we adapt to a different way of conducting council meetings for the safety of everyone involved. Moving on, can we get a report on closed session? And there is nothing to report. Am I muted? You're all right. Your action is given to staff. Do we have any additional materials for tonight's agenda? Yes, there was one item regarding, there was an email regarding item 8a and another email regarding 8c. Thank you. Are there any additions or deletions to tonight's agenda? Staff has no changes. We're going to move on to public comments. This is the time for the public to communicate with the city council on items that are not on tonight's agenda. So we're going to go ahead and open up the email for public comments and it looks like we've got a couple. So we're going to go ahead and we're going to use the screen reader. You will use the screen reader and I'm going to share the screen council members so you can see this. Okay. So here we go. Read aloud. I would like to formally ask the city council to inform the public of intentions regarding the closure of the capitol beach for the summer months and beyond. I have heard from many around the community that you have made the decision or are leaning towards keeping bar beach closed and I feel it is important to inform residents and business owners immediately of these plans. I would like to ask each council member to publicly state their position for the opening or closing of the beach for the summer season. It is my belief that the closing of the capitol beach for the summer months will have a grave impact to the businesses in the capitol village and the property rental businesses that depend on the summer revenue. The property rental businesses in our village will not survive if the capitol beach is closed as they are dependent on tourist dollars. Also, the loss of tax dollars derived from tourist revenue will severely constrain the city of capitol's annual budget. I would also like to ask the city council to explain what measures have been explored, if any, to facilitate the safe opening of the capitol beach for the summer. For instance, have you considered limiting sun bathers to specific sectioned off areas that may are assigned on either the first come first served basis for make reservations in advance as with California state campgrounds? The beaches in Italy intend to implement systems of social distancing such as this and I see no reason why we cannot do the same. In addition, have you explored the possibility of closing the esplanade to cars and making it the pedestrian zone in order to facilitate social distancing? Restaurants could then set up tables outside and other businesses could move product outside in a sidewalk sale which allows for patrons to maintain social distancing. Finding a viable alternative is the least the city council can do for these businesses that have suffered so greatly over the last few months. While these ideas may seem like unusual measures, we are living in unusual times and we cannot just stand by and watch our village die. I respectfully request that you inform the public about your plans for this summer and consider investigating the feasibility of some of the options I have described above. I got the first comment and then I believe this is the next one. Item 5 Public Comments. The CVWBIA requests the city considered, as an emergency item, a universal encroachment permit for businesses in the area covered by the CVWBIA. We request that sidewalk display of merchandise would be permitted as long as all the social distancing requirements are followed. We are requesting permission for a business to have one table or one clothing rack and one table on the sidewalk in front of their business. The display would be monitored by the business to be sure to comply with social distancing. We appreciate your consideration. Karen Hannel. Capitola Village and Wharf Business Improvement Area. I believe so. I believe this is public comment as well. I understand the serious financial challenge facing the residents and city of Capitola. Having served the public for over three decades as a local nonprofit director, I hope the current crisis would make clear the vital nature of our collective programs. In fact, many of us were deemed essential businesses and have worked throughout this time serving school age youth, families and seniors. Most medical services, support services, food, transportation and mental health services transitioned but did not cease. We should share the pain of budget cuts but do so as equal partners. I find the recommended cuts to community programs to reflect a long discarded characterization of our services as a luxury instead of something necessary for community well-being. As a graduate of a school of public health, I did not foresee the day when a crisis of this magnitude would threaten all of us and at the same time separate each of us. I urge you to cut the community programs budget commensurate with other city departments. This isn't the only lesson we can learn is that we need each other. David B. Anke. David B. Anke, Executive Director Family Service Agency of the Central Coast. 100 for Walnut of Ate. Sweet. And then this comment, this comment appears to be one of the items on the general business. So that's the end of public comment. That's um, oh okay, yeah that was general business, okay. Um, okay so we're gonna have that read when we get to that item, correct? Yeah. Okay. Okay. So, uh, seeing no additional public comments coming in, uh, we will close public open public comment or excuse me, we will close public comment now. Uh, and move on to city council and staff comments. Does staff have any comments? Staff has no comments at this time. All right. Uh, let's move through our city council members. Uh, council member story. Do you have any comments? No comments. Thank you. Was there a hand? Oh, vice mayor Brooks. Comments. Hi. Yeah, thank you so much. Um, I just wanted to ask staff to bring back a couple of items if possible. Generally, um, in our, around this time is when the BIA is on our consent calendar. And I'd actually like to ask them to present at our next meeting, kind of on the status of the village and kind of the, and the things that have been taking place. Um, from what I understand, Karna has been appointed to the economic, uh, council for the sense for Santa Cruz County. So I'd be interested in just hearing what's been going on. And from what I also understand, they've met, um, as well as the staff to come back with some options to amend our signage and markings, um, for businesses in the village in response to COVID-19. So again, everything within the state and county order, of course. Um, but if there's any options there. Thank you. Thank you. Council member Bertrand, any comments? You're muted. Can we unmute council member Bertrand just to confirm if he has any comments? I do. Okay. So, um, yeah, I, I read something on one of the letters from people, uh, in the city about the, um, the effect of not closing off the Laguna. And I wanted to ask Steve if he could respond to that in terms of would this endanger our ability to close it in the future if we didn't close it now. I have a couple of good comments after that. Good evening, mayor and council. We have checked our permits and actually talked to the two agencies we report to annually. And there is no lose it or use the clause. Um, they have indicated that we would not jeopardize our permits if we did not proceed with the closure of this. I'm having trouble hearing Steve. I'll try it without the mask. Yeah. We have checked with the two agencies that we report to annually concerning our permits and read through the permits. And there is no, we do not believe there's any jeopardy of losing the permits. We not do the closure this year. Thank you. Thank you. My other comment or question is of city attorney Sam. I appreciate your reporting of the government, the governor's order. And I understand that we're going to have some options in terms of developing plans with our local public health. Um, is there an update on that or maybe not available now? But I kind of like to have an update on that because many of the requests from people in the city are. The recognition is that we're pretty low in terms of Corona virus. Some cases and maybe our plan should be relaxed a little bit. So I kind of like to know what our public health department is doing in that regard. It may feel otherwise. So that's something I'd like to hear about. Certainly, um, I am planning to give an update during the item on the agenda about COVID. Would you like me to do it then? Or your question is timely. There was actually a comment that I wanted to respond to as well. Shall I wait until that item? City manager, but you can't tell. Okay. Okay. Very good. Thank you. So also I was reading a citizen's emails. Um, yesterday and today and some of the comments that came in today that we read as far as the public record. And it's pretty clear to me that our merchants are in a rather desperate situation. Many of them more so than others because we depend on the beach. Um, a lot of our normal activities will be curtailed because of COVID and also our financial difficulties. So I'd like to propose for the next city meeting. And I'd actually like to propose that we would consider having an emergency session to consider the issues that our merchants are feeling right now. That's not just our beach merchants, but we also have 41st. We also have a Long Bay Avenue, but it's mainly the city. Around the Espenade, the city merchants around the Espenades. So I'd like to propose the city meeting and if the city council would agree, make that an emergency meeting. So that we could react before Memorial Day and other days that a lot of people would visit the city. That's my comment, my request actually for an agenda item. Thank you. Do you want to? How would you like to? He's asking for it to be an agendized item. So I'm not sure. So my recommendation would be that we get into the COVID-19 update. We're going to be talking about a number of these issues. And at that point, I think then we can determine if we have future agenda items that come out of it. Okay. At this point, my request still stands and we'll wait for that update to see how it fares. Thank you. Council member botch or if any questions or comments. I have no comments at this time. Thank you. Okay. I just have a couple of comments. I just want to address briefly. We have received several emails about the beach closure. I want to share that. Let me start without the beach closure. I want to share that I've been on weekly calls with the mayors of Santa Cruz, Valley Watsonville and myself and Capitola. Also on that call weekly is the city managers for each of those cities, as well as the county public health officer and the sheriff. At each of these meetings, we get updates from the county public health officer who is the, who has the authority to place our public health orders, including our beach order. So that's actually not a city council order, the beach closures. But at our meeting tomorrow, I do plan on asking her what the plan is for the remainder of the summer, including if there's going to be any possibility for suggestions like outside tables in restaurants. Right now that current with the current order, that's not permitted. I will be asking her for any information she has on how that will look moving forward. There was also a public comment about encroachment permit for sidewalk display of merchandise. That's also something I'm going to be asking tomorrow if that's permittable under the health order. And then once I get that information, I think that's something that the city council could consider once we get that information. Additionally, in addressing the concerns about the businesses council member Bertrand, I had a zoom meeting with, I want to say it was probably 25 or so businesses, BIA members and village business owners on Tuesday to hear their concerns. I will be taking several of those concerns back to the meeting as I mentioned tomorrow. And also in response to that meeting, we have developed a mayor's business recovery task force. And it's going to have about nine or 10, I would say business representatives, not just from the village, but also from 41st Avenue and different sectors of the economy here in Capitola. We are business liaison will be helping us to get that group together to come up with ideas and suggestions for how Capitola can safely reopen once we are legally allowed to do so under the public health order. And I believe there'll probably be some more information about that when we get into the COVID update item on the agenda. But I did want to acknowledge that I'm receiving these emails. I'm hearing the concerns. We're doing our best to address them with the authority that we have to do so. And with that, I think we will move on. So we are on consent calendar item seven. These items will all be voted on in one motion by the council. Unless there is any item that the member of the public or any of the council members would like to pull for separate consideration. So let's start with, is there any item that any council member would like us to pull for separate consideration? And if so, go ahead and use the emojis. So it looks like Vice Mayor Brooks has an item she would like to consider for separate discussion. Yes, thank you. I just needed some clarity on item seven C. The staff report is different from the resolution statement on how much the lease grant funding is and I just wanted to seek some clarity on that. So I don't know if you want to pull it all together just if staff is prepared to respond. Do you want to pull it or do you want us to quickly let's let's just quickly yeah let's just quickly address that and the staff report. Just explain a little bit what it is. This is Katie Hurley Community Development Director and the staff report it's it incorrectly states $60,000 for the grant amount for a leap. And in the resolution it is correct at $65,000 and that's what the application would be submitted for is the $65,000. Thank you. Were you able to hear that Vice Mayor Brooks and council members? Yeah, okay. All right. Any other member of the council that would like to pull an item for separate discussion? Seeing none. Do we have any public comment from any members of the public who are asking to pull an item from the consent calendar? It doesn't look that way. Seeing none. All right with that we will entertain bring it back to the council and entertain a motion. I still move the consent calendar. Second. Motion by Vice Mayor Brooks, seconded by Council Member Bertrand. Can we have a roll call vote please? Council Member Bertrand. Aye. Council Member Votorf. Aye. Council Member Story. Aye. Vice Mayor Brooks. Aye. And Mayor Peterson. Aye. Thank you. Second. Motion carries unanimously. Thank you. We'll move on to item 8, General Government and Public Hearings. Item 8A is an update on the city's pandemic response. Turn it over to staff. All right. Let me just get us going here. I'm going to pull the mask off just to make sure that I can be heard. So this is our bi-weekly update for the city on the state of the COVID-19 response, focused on what we're doing here in the city of Capitola. At our last meeting, we were talking about the new beach orders. They've been in place now. The public health officer issued those at the end of April. They've been in place for a couple of weeks now, which closes the beaches to all activity between 11 and 5, keeps the beach open during other hours for non-sedentary activities, and keeps the water open at all times. On May 6, the health officer issued another rule that realigned our shelter-in-place order to better match up with the state rules regarding what businesses would be open and also to allow curbside pickup for retail shops. This is our check-in on our current status of the virus in the county. This is as of today. We have 149 known cases. We've seen relatively steady but slow growth over the last, gosh, six weeks, I would say, four weeks. And that's, we have 149 positive cases out of 5,287 total tests. So a relatively low number of positive tests, quite a low number of positive tests out of the total number that have been conducted. This shows the curve over time. You can see actually in the last week or two, we had a number of 24-hour periods. That's in this area here where we actually didn't record any new COVID cases, which end of the public health officer was very excited to see. I know just recently here we had four, day before yesterday and then two yesterday. But to have a couple days go by with no cases was certainly an important threshold. And then I'm going to turn it over to Samantha and you can talk a little bit about sort of state activity. And then we also have that next slide on retail. So do you want it on here or the next slide? It doesn't matter. Okay. Next slide, maybe more helpful. Thank you. So I know that there has been a lot of questions in the community about what the city, about whether or not the city could move more quickly to reopen. And the answer is no. The state, the governor's office issued an order on May 4 indicating that the state was moving into stage two. And then a couple days later, the governor's office issued what is called on the website a resilience roadmap. And the resilience roadmap includes guidance for different sectors of the economy to reopen. Some of those sectors are in the beginning of stage two, including retail for curbside pickup for the retail outlets listed on the slide, clothing, sporting goods, bookstores for us. There are some other, there are some other businesses, such as Dine-In Restaurants is one of them, that are in later stage two. And the governor's website clarified that the state is not yet in later stage two. Cities, individual cities do not have the authority to reopen faster than the state allows. Cities, the only authority that cities have currently is to implement regulations that are more restricted than the state order or the county order. We have always been able to do that. So for instance, if the state order said that, I don't know, that certain segments of retail were closed, we could close all segments of retail. I know that's not what anyone wants to do right now, but I'm just giving that as an example of the only authority that cities have is to be more restricted than the state. The only exception is if the county in which the city is located, in our case Santa Cruz County, applies for what's called a variance from the state order. And the requirements for a county to apply for a variance are listed also on the state website. And no county, no large county yet in the state has applied for a variance. I've been in contact with County Council and Santa Cruz, and he has indicated that Santa Cruz County has not applied for a variance. So at this point we are being consistent with the state order. Even if Santa Cruz County were to apply for and receive a variance from the state order, what that would allow us to do is to go deeper into stage two. It would actually allow us to move more quickly into the later phase of stage two. We cannot go into stage three with a variance. And so even if the county got a variance, that would allow cities, that would allow the county to issue an order that is less restrictive than the state order. And it would allow the cities in that county, including Capitola, to comply with the county order. But only the county can issue regulations that are less restrictive than the state, and only then with a variance which Santa Cruz County does not yet have. I hope that's helpful. So as we move deeper into this, I think the rules become less cut and dry. So we're encouraging anyone who has questions to constantly check that resilience roadmap on the governor's website, which is being changed somewhat frequently. It's changed a few times in the past week and a half since it's been issued. And the changes are not always easy to find. Sometimes you have to read really carefully and compare it to what was issued the day before. I think the governor is also mentioning the changes in his best conferences. Are there any questions? I know that's a lot of information. Are there any questions from council members? If so, go ahead and you can utilize the Vice Mayor Brooks. Looks like you have a question. Yeah, thank you, Samantha. This question might be for our city manager or city attorney. I know it was mentioned before, but can you offer some more clarification on why, why our particular city follows the Santa Cruz County Order through their health officer? I think sometimes we see things on the news that a city has moved forward with some changes because they have their own health officers. But in our case, we don't. Can someone speak to that? I can speak to that, and that is a very good point. If you'll notice when a lot of the Bay Area counties often act together, there are six Bay Area counties that tend to issue orders together. And if you'll notice there are six Bay Area counties in the city of Berkeley. And the reason is that the city of Berkeley is one of three cities in the state of California, the other two are Long Beach and Pasadena, that have their own health department. And the key to being able to issue orders is to have a health department. The vast majority, every city in California with the exception of those three, does not have its own health department, so it does not have its own health officer. Those orders are issued by a health officer. And so because Capitola does not have its own health department and does not have its own health officer, we are subject to the orders of the county health officer. One other point related to that is cities do also have the authority to go further and do other things to protect the residents. So for example, here in Capitola, we put in place, as the council is aware, in certain orders such as we closed the upper and lower Pacific Coast parking lots, we implemented different times for parking in the village. We have also, you'll have an item on your agenda this evening, once I get through this presentation to consider ratifying an order that would suspend certain provisions in our zoning code that don't allow retail pickup, things like that. So we have the ability to operate in a less restrictive fashion and control other things in a space that the health order doesn't occupy. So we do have that flexibility. And you'll hear about cities doing that. Maybe cities making decisions about closing a skate park or closing certain facilities. But Sam is exactly correct. We don't have a health department in the city of Capitola. And so we are subject. We are, our health department is the county health department. And can you just clarify quickly, just because you mentioned it, and I want to make sure that people understand what you just said, that we are considering tonight on the agenda, correct? The changes that would allow for retail pickup, not that we are, not that we are prohibiting retail. Right. I'm going to get into that in a second here. I have a slide or two. I just wanted to make sure it was clear. Yeah. Okay. Looks like councilwoman Brooks might have another. Sorry, I've got, I can only see three people at a time. Oh yeah. Okay. Vice mayor Brooks, my apologies. Go ahead. I just wanted to follow up. I really appreciate these updates on the city's response. And something I just wanted to add real quick is that there are other entities like community foundation, the small business center development program at Cabrillo and Santa Cruz County bank, as well as the county's economic department. These are all agencies that are supporting our businesses. And I know we're, we're talking a lot about these emails we've received regarding businesses. And I just wanted to note that those organizations are out there in support. And so perhaps in the response, this is directed to our city manager. If we can maybe add a slide, if this continues on our agenda about what our city's responses above and beyond. So, um, and I'll just leave that that that makes sense. Sure. Great. Why don't we continue with the presentation and then we can see if there's, because I think some of these things may be covered. So one of the things we've really pivoted towards this last week has been local business outreach. One of the things I've done is I appointed former city manager Rich Hill to be our business liaison in Capitola. Rich has been working for a volunteer organization called Score to serve as mentor and help small businesses already in our community in the Monterey Bay region. And when I reached out to him, he said he would be happy to help and could bring all of the scores, resources that they already have to help small businesses with him as well. Rich is working with my staff to set up a webpage on our site. That'll really be just information for local businesses. That'll really be kind of as Vice Mayor Brooks suggested, kind of a little bit of a directory on places to go to where to get help. So it'll be able to try to combine everything we can for this county and resources that are available already to local businesses. And as Mayor Peterson mentioned, we've established a mayor's business recovery committee. And the goal is to really improve communications with business groups and then also identify these key steps. And as a public comment, member of the BIA suggesting potentially allowing for outdoor displays in the village. And there's a whole bunch of ideas that have been floating around in terms of changing parking times, maybe to facilitate business. Potentially, I know some cities have talked about using streets in different ways to promote more business activity. And so our hope is that this business committee can come up with some recommendations then to bring to the city council. Mayor may not apply right now. They may be coming to effect down the road as we move into later phases, but trying to get ahead of this. So that's one of the things we've done this week. We also have the, let me just, did we, I guess we didn't have a slide. So in addition, I'm sorry, I must have skipped over this. We also have on tonight's agenda is to ratify emergency order in 2020, which is really was intended to increase the flexibility for curbside delivery. There were a number of provisions in our zoning code that either required a conditional use permit for spaces within a shared parking lot. So for example, at a mall or some other shared commercial parking lot, they made it relatively difficult to designate specific parking spaces for a business or for a certain use. And the intent behind that was really because those spaces were intended to be shared by all the commercial businesses that use that lot. With the governor's order and this curbside pickup, it makes a lot of sense to have spaces that are designated for that specific purpose. And so the order that is before the council tonight to ratify would suspend three key provisions in the zoning code that requires that parking, parking spaces be shared in the shared parking lots for commercial tenants that suspend the requirement for a conditional use permit for restaurants to offer curbside service. And it also suspends a prohibition on that, the curbside service and other zoning districts. So this doesn't apply, should be very clear, this doesn't apply to parking spaces in the right of way on the street. This is in private lots and most particularly it's most relevant in these shared lots. So that is ratifying that order is on your agenda tonight for adoption. And we always touch on this briefly during our update at this point the police department is open and our parks are open. The beach we've talked about what the beach parking, the beach rules are. The wharf at this point has been closed for the renovations. So we could look at opening the wharf. The challenge I think is that there's, it's not clear under the health order whether or not phishing is allowed. And I know that the rules requiring active recreation apply to the wharf. And if phishing isn't allowed and people can't sit on the wharf, we're a little bit concerned that opening the wharf is really just an invitation for violations of the health order. So we're trying to get clarification about phishing. If phishing is allowed, I think we would open the wharf. If it's not allowed, we need to look pretty hard at whether that makes sense or it's really just asking people, creating an attractive nuisance and encouraging violations. And there are other city facilities listed here are closed. So with that, my recommendation is by super majority vote to make the determination that the hazards associated with the pandemic still exist. And then in addition to approve the resolution that's attached to your packet that ratifies the emergency orders that temporarily suspend the restrictions on curbside pickup and delivery. And with that I'm available for questions. Great. Thank you. Council members, let's see. Do you have any, okay. Council member story looks like you have your hand up. I do. Thank you. Just any, I had first concerning the curbside pickup. Other guidelines on what is permissible and what is not permissible in order to be able to carry out curbside pickup. And merchants set up tables for curbside pickup. Or are there guidelines out there? Or are there things that we could share with the merchants in advance so they know what the parameters of curbside pickup are. And I was also thinking of, you know, the, the chaos at the which we currently have there in the summer. It's an outdoor vendor. Does that qualify for curbside pickup? That would be a good question. And on my other question is. I have gotten lots of emails of people making recommendations and this is concerning the beach closures. And they're proposing kind of a residency based standard, which I know is impermissible, but it is. saying it's just not possible for police to, you know, enforce the rules based on where somebody lives. So that at least, you know, the residents can be aware of why we can't implement such an enforcement mechanism. And so those are my questions. And I have some other comments in a little bit. Thank you, Council Member Story. Should we go to our city attorney for the answer? I think she's ready to answer. All right. Or I can answer some of it and then maybe the city manager has something to add. As far as the guidance, there is extensive guidance for every industry that is opening up on the governor's website. And so I would encourage any business that is engaging in curbside retail to go on the governor's website, just Google resilience roadmap, and it will take you to the guidance sheet for each industry that is opening up. It's about a five page sheet that includes everything from protocols for employees to social distancing protocols to signage that you need to have. And it's quite helpful. So I would encourage any business to go to that. And then, Council Member Story, up to your second question about a residence requirement for beaches. I'll answer that the harder part of that question first and the easy part last. The harder part of that question is I would bet that that approach could implicate some constitutional issues that I have not yet analyzed, but I think it would be very difficult for us to enforce that. The easy answer to that question, though, is that if that would be a regulation that is less restrictive than what the county has implemented, the county has said that beaches are closed for seven Harry activities from, I think it's 11 a.m. or 9 a.m. to 5 p.m. 11 a.m. to 5 p.m. I think the city cannot implement anything that is less restrictive than that. Any change to that regulation has to come from the county. There was one other question, part of your question, Council Member Story, you mentioned the kiosks. And I'm not, can you help me understand? I didn't, I'm not immediately... Oh, you know, the summer vendor, I don't know if that's went on. Oh, of course. The part, yeah. Yes. So the question is... Is that a qualifier? And Sam here just mentioned a source for the guidelines, and you can certainly check that out. But yeah, I was wondering if that would qualify as a curbside pickup. So my belief is that for retail sales it potentially could if it was food, if it's a loud activity. Unfortunately, though, the primary activity from the Esplanade vendor is rentals, equipment rentals, and equipment rentals isn't allowed, isn't an allowed business activity at this stage in this phase that we're in right now. So if all they were doing was selling, selling stuff conceivably that would be allowed as sort of a curbside pickup provided they could meet the other criteria outlined by the governor. And again, if it was food, again, maybe that same, same answer. But for the outdoor sports equipment rental, that isn't currently an allowed business. That's correct. I see no indication that any rental business is allowed, which makes sense in this stage. Any businesses that are allowed or businesses that give the customer a product and the product and the customer takes the product away. There's just no indication at all the businesses that rent products are permitted at this stage. Okay. Thank you. Thank you, Councilmember. I have a question. One second, Councilmember Tron. Councilmember Bottorf had his hand up, and I think Vice Mayor Brooks may have, but I'll put you on the list, Councilmember Bottron, but let's go to Councilmember Bottorf because I know he had his hand up. Thank you, Mayor. When Luglendach was mentioned about the war, but correct me if I'm wrong, it was fishing. Isn't fishing one of the water activities allowed on our beaches? So, unfortunately, I've received conflicting information on that, and we're going to be speaking to the health officer about it tomorrow. So, my understanding is that we've asked the question from two different arms of the county, and we've gotten two different answers. So, we need to get a clear direction and figure out what the plan is with fishing. I thought it was allowed, but we were hearing that it may not be. Okay, because my question is based on the assumption that I don't know what makes the war seem different, although it might be more of a challenge keeping the social distancing on the beach, hiding on the water. So, I'll let you continue to look in that, and then we'll see how that plays out. Thank you very much for that answer. Thank you. Vice Mayor Brooks, did you have your hand up? I wasn't sure if I know. Okay, my apologies, and we're going to move on to Councilmember Tron. Well, thank you very much, Mayor. I'm having problems. I raised my hand and lowered my hand, but I didn't get that. I lost my capability here. So, you know, I met with the merchants earlier this week, and one of the going away concerns is their supposed inability to communicate with the city and express their concerns, which is why I asked for a special meeting to do so. I thought there would be many more comments from them, at least that was what was promised, and I think many war will come as they realize they can do it. So, my question to Jamie is, how is Rich Hill's participation going to help in terms of communicating with the merchants? What's being planned here? So, there's a couple things. The first step has been forming this committee that Rich is going to be working with. The second step is we're meeting with BIA representatives for a Zoom meeting on Monday morning. We'll be talking about their needs and communication is. We will also be pushing this website out, which they can share with other business members. And then the committee, I think, is going to be part of it, honestly, is we're going to be relying on the committee that's been formed to help spread the word and communicate with other businesses that they, in industry groups that they represent. So, for example, we have retail shop owners, long-time retail shop owners. We have restaurant owners. We have hotel operators. We have gym owners. I'm thinking that those are the broad, oh, and then we have some, one of the major property owners in town. So, it's a pretty broad-based coalition that I hope can help us expand our level of communication with the businesses. I think this is great. I commend you for putting that together. Thank you. So, just to be clear, Vice Mayor Brooks mentioned during comments of asking the BIA, so the BIA normally would be on next week's agenda for our notice of intent to levy the BIA assessment. And so, I heard a request to put that on general business and ask for the BIA to come and give us a little bit of an update about their status at the next meeting. Is that, is that the plan? Is that the, is that where everyone's comfortable? Okay. Yes, that was my request at the discretion of our Mayor, of course. Did I hear you right, Jamie? You said next week's meeting. Sorry, two weeks, two weeks from now. Oh, it feels like they come every week at this point. I did have one more question or, or at least request. I, I really like the, the Mayor's group coming together. Like I mentioned earlier, one of those members, I believe, that will be sitting on this new group is also the representative for the County's Economic Council. And so, ideally, and maybe this is to Council Member Petron's kind of request or what he was looking for is that ideally what I would like to see is that this cohort create ideas, suggestions, and so forth that this, that this representative can bring to the County to bring forward to the County's Economic Council. So, that was just my, my hope and I'm assuming that's the, that's what was gonna, that was the intention. Yeah, I'm gonna click comment. Is that a Mayor? Yes, yes, of course. Let me just address Councilwoman Vice Mayor Brooks's comment real quickly. It's my understanding and I'll have the City Manager correct me if I'm, if I'm wrong, that the, the Mayor's Committee will focus on capital specific issues. And then yes, when I spoke to, to the committee members who are also on the County Task Force that they felt that it would be beneficial to have some form of continuity so that they could bring the, the concerns and ideas spoken about at the Capitola meeting to the larger County meeting. That's, that's my understanding, yeah. Well, my comment was, I did check out the economic development department from the County and they have a huge number of resources. So, I passed that on to about three or so members of the BIA. And, you know, my response was they're very thankful to find out that the County is actually providing a lot of resources. And so in terms of communication with Rich Hill and the committee that's being formed, I think that's one of their concerns. They don't know what's available. In many cases, they're running their businesses day to day and how much time do they actually have to do the deep dive to find out what's available. They sort of know because they look at news that things are available. And so our committee, I think, would be great in that regard, you know. The resources that are available and I think you that mentioned the small business group with, excuse me, at Cabrillo. I mean, there's a lot of resources here that generally people don't know about. And that's our role is to help them find out about those resources. Thank you. Absolutely. And I think that our business liaison is going to really spearhead that effort for our business recovery task force, absolutely. And I will add we do have another item that's coming up later on tonight's agenda about applying for some CDBG funding, which if the council agrees could be made available for some micro loans to help assist local businesses. It's not a ton of money, but that's another item that we would be helping to get the word out through these programs to the community. All right. Any additional questions before we bring this to public comment? Council Member Story? Yeah. Thank you again, Mayor. I wanted to ask a little bit about the beach closure and one confirming that the governor's order does not close beaches throughout the state. And I understand some of them are open. And so we have a closure based on the San Cruz County's more restrictive approach. And if that's the case, and I know Kristen, you mentioned that you're going to be maybe meeting with the county officials tomorrow. But what is the local plan for the beach? Is it scheduled to stay closed during the summer? Or and if there's going to be a relaxing of the restrictions, what are the kind of trigger points that the county is looking at before moving to opening the beach? I'll take a stab at it. So one of the things is I know that the governor, I think it was about two weeks ago, was actually looking very seriously at closing beaches statewide. And frankly, my understanding is behind the scenes, there was conversations with many of the health officers in the counties, coastal counties up and down the state. And I think realistically, the fact that we didn't get a statewide closure of the beaches was that the county health officers basically were able to assuage the governor that they got this. And so that was, I think to some degree, the health order that we've seen now that does close the beach during the block of time in the middle of the day, leaves the water open and keeps keeps the beach open in the morning for exercise in the evening. What the metrics would be to open that, I don't know. And that's a question we will have for the health officer. We'll talk a little bit with her about that tomorrow in our weekly call with her, the mayor and I. But at this point, I think that even though there isn't a statewide beach closure, I suspect that that if the governor sitting in Sacramento was seeing big crowds show up at the beaches that as he exhibited his willingness to close the beaches in Orange County several weeks ago, that that would probably be relatively shortly around the corner. And I guess I would also note that this order that the health officer put together is very nuanced. You know, it's not as much of a cudgel as we faced in over the Easter week, where all beaches and open spaces in the entire county were closed, including the water. So I encourage that the public health officer has taken a more nuanced approach to try to respond to some local concerns. I completely understand that it's not situation normal, and it has a very dramatic impact on a lot of people's lives as it stands. So we will continue to pose that question to the health officer and any clarity we can get about how long this will last, we will certainly share with the council and the community. Great, thank you. I just, I think it's very important that we give the public as much information about when they may, what's going to happen this summer at the beach and when they may expect that it's going to be open. Okay, thank you. Any additional questions from members of the council? Seeing none, we'll bring this to public comment, see if we've received any virtual public comment on this item. Okay. Like we've received one. Why doesn't the county request variants do business with proper protocol can go further into stage two? Every day is a tremendous lifeline to our small businesses. Sandra Jordan, area code 83147. Great, so we've received public comment on this item. Again, that's the variance is something that we're going to be discussing with the county tomorrow to determine if we were going to be requesting that variance or not. My understanding as the city attorney mentioned is that we have not yet, but we will be asking the county health officer about that decision tomorrow and have further information. And if I may add to that, Madam Mayor, I actually have that same question and email the county council prior to this meeting to ask what the status was with Santa Cruz County requesting a variance. And he indicated that although the county's numbers are good countywide, the county is not meeting a couple of the governor's key benchmarks. And that Santa Cruz County is closer than any other Bay Area county, but we are not there yet. So hopefully you'll be able to find out more information. My understanding again is that no large county in the state has yet met the benchmark. Okay, so that answers some questions of why we haven't tried to move into stage two yet. It's because we're not eligible to. Yes, absolutely. We're not there yet. Okay, great. And hopefully we'll get more information about that tomorrow. And actually, I got another email from another city attorney in the area who had additional information who indicated that it's her understanding that from the health press conference this morning, the county is about four weeks away from meeting the criteria for requesting a variant. That could likely change by the day. So, Madam Mayor, you might get more updated information tomorrow. Okay, well, we'll find out tomorrow what the updated information is, which and unless Madam City Attorney, do you happen to know which of the standards for the variants we aren't meeting? Did they tell you which of those standards we haven't met yet? What I have heard then again, this is second hand that the biggest hurdle is contact tracers that we need 40, but at this point we only have 15 and we should be able to meet that metric in a month. Jamie, have you heard anything in addition to that or different from that? I believe it was the contact tracing and I couldn't remember if it was the PPE or the testing, but I did hear that the contact tracing we weren't there yet based on the governor's the requirements to move into the second parts of phase two. I know that's an issue and in other counties as well. No additional public comment, Kevin? I think that was it. Okay, seeing no additional public comment, we are now closing public comment for this item and we'll bring it back to council for additional comment and for a vote. Let me try to get my window so I can see everyone here. All right, I'll just go down the line for this one rather than hand raising and we'll do a council member story. Do you have any additional comments? No additional comments. Thank you. Vice Mayor Brooks, do you have any additional comments? I have none. Thank you. Thank you. Council Member Bothor, any additional comments? I have no comments, so I'd like to make a motion to approve staff recommendation. Thank you. We have a motion. And I'll second. We have a motion and a second. Council Member Bertrand, any additional comments? You're muted. Give me a thumbs up if you don't have any additional comments. I will. Okay, cool. That works. Okay. With that, we have a motion and a second. Can we have a roll call vote, please? Council Member Bertrand. He's giving a thumbs up. Does that count? I think we need a verbal for the remote. Thank you. Yes, aye. Thank you. Council Member Bothor? Aye. Council Member Story? Aye. Vice Mayor Brooks? Aye. Mayor Peterson? Aye. Thank you. Thank you. Motion carries unanimously. We're going to move on to item 8b, council compensation decision to decline adjustment. Okay. So this item is on the agenda at the request of Mayor Peterson. Earlier, well in 2019 at the end of the year, council voted for an increase to increase the salary by adopting ordinance 1032. And then based on the economic impacts of the pandemic, Mayor Peterson requested that we put an item on the agenda to defer that increase. Government Code Section 36516 allows council members to waive any or all of their compensation. And so rather than bringing forward a municipal code amendment at this time, staff is suggesting that council members could agree here at this meeting to waive that increase. It is an individual action. It isn't necessarily an entire council action. So if it wasn't something that all the council members wanted to do, as an alternative, we could bring back an ordinance amendment. Certainly could do that at the council's direction. The savings of two, the potential savings, I guess, is about $7,000 if the entire council member waives the increase. Members waive the increase. So that's my recommendation is that the council members would affirm that they, the salary increase pending in the new year would not be accepted. And alternatively, if you'd like, we could come back with an actual ordinance amendment to remove that old, the section of code increasing the compensation. And with that, I'm available for questions. Thank you. Council members, any questions? Go ahead and raise your hand. Okay, seeing none, we will bring this to public comment. Have we received any public comment on this item? No public comment. Okay, public comment on this item is now closed. We'll bring it back to the council for a discussion and a vote. Let's start at the other end then. Let's, council member Batworth, any comments? I have no comments. I'm not sure about the action you want. Are we just going to vote to not accept the vote to raise and not do a motion? Yes. I was unclear on that. That's a good point. Do we need to actually vote to not accept that, or do we just need to go down the line and say, I don't want the increase? I think the most technical answer is, is that if each council member affirms that they don't want the increase, that's what we need. Okay, so let's start with council member Batworth. I affirm that I do not want the increase. Thank you. Council member Bertrand, you're muted, council member Bertrand. Here we go. Now you're answering. I affirm the same. Thank you. Vice mayor Brooks? I agree with staff recommendation. Council member Story? Yes, I'll waive the increase. Thank you. And I will also waive the increase. So all council members unanimously agree to waive the increase for the coming year. Thank you. Thank you. All right. All right, we're going to move on to item 8c, recreation summer programs update. All right. All right. Oh, so Nicky, are you going to run it from where you are? Yeah, that was what I was planning to do. Does that work? Yeah. So do you want to share your screen with everybody? Yeah, I'm not sure why it's not jumping to... There we go. All right. Good evening, mayor, council members. The item before you tonight is a summer program update. So to begin with, as many of us are aware, summer programs were able to begin a planning process with the county health order that was issued on May 1st. So in this health order, there were a few things that really outlined what the summer programs would be for the summer. The first one is the beach closure, which we talked about this evening, that is closed from 11 a.m. to 5 p.m. every day. So we needed to take into consideration the beach closure for our program. And then in regarding to the operations of programs and collecting youth and staff operations, there were a set of rules that each program needed to conform to. And so these are that stable groups of 12 or fewer children. So children cannot move from one group to another. And they cannot mix with any other group. So within, if they are in with a group, they need to maintain a social distance from any other group that exists in the same program. And then staff that are assigned to each group need to be able to remain with that particular group for the duration of the session. I have also been in several collaborative meetings with the other recreation district in Santa Cruz County and the county health officer has participated in those meetings providing additional clarification and answers to questions for best operation of the program. In that meeting, she has made it clear for us that participants within their stable group do not need to maintain social distancing and that they will be able to share supplies and equipment within that stable group. In the events that any supplies and equipment were to be transferred to a different stable group, they would need to go through a complete sanitation process before they could be shared amongst any individual group within the same program. So taking into consideration a lot of the information that has been provided in the order, provided in these meetings and that collaboration of the recreation district as we talk through the best practices for program operation, I have developed the modifications for Camp Capitola as well as Junior Guards and so I'm going to take you through Camp Capitola. First of all, we're going to run Camp Capitola in four sessions. Each session will be two weeks in length which is normal for a typical camp session. Program will begin on June 15th which is the anticipated date that we would have started some programs. Groups will be of 10 participants and one staff and one youth volunteer which we refer to as Junior Guards. For Camp Capitola, I made the decision to have it be 10 participants because having one staff work with all those 10 youth I felt pushing it to do the maximum of 12 would make it particularly challenging on that staff and their group management as well as for our ECU accreditation. We have previously stated and are required to have a one to 10 ratio. Participants are four Camp Capitola is ages six to 12 which is the standard compared to other summers which is what we would typically offer to. Youth volunteers are ages 15 to 17 we made a slight modification typically it would be 14 to 17 but we decided to make them a little older for this particular summer which is the necessary responsibility for the juniors that you would need to follow. This program will provide for 70 participants for another way of thinking about that is seven groups in each session which will offer a total of 280 participants program over the summer. This program will operate from 8.30 am to 4.30 am which is actually a half hour earlier than what we would typically offer but a little it releases a little earlier have an option. Again because of the staffing structure of this program you're not able to provide early care or after care or be able to provide half day program. So in order to operate this program we will be firing seven leaders and a coordinator and an assistant coordinator we will be operating on the established fee schedule of $289 for residents and $361 for non-residents. Now a typical summer would have anticipated a revenue excuse me of $140,000 with a direct wage expense of $105 this summer the anticipated revenue is $95,000 with a direct wage expense of $78,000 on to the modifications for the junior guard program. So this program was particularly challenging in consideration of the beach closure and the restrictions on the group size and so modifications to this program have been a lot more extreme in order to conform to the necessary criteria and to start with all the sessions will be two weeks long and we will be providing four sessions throughout the summer. Now typically junior guards would be the numbers would be opposite. We would provide a four week long session and we would provide two of them each summer. However we felt that with the restrictive numbers that we would be able to provide we wanted to try and provide to the most participants that we could and so therefore make this modification so that we might be able to open it up to more participants. Each group will consist of 12 participants and have two instructors and one youth volunteer assigned to that participant. The youth volunteer is the group that would typically be U-19 or the captain's court. Each session will have a capacity of 60 participants for another way of thinking and that is five groups as well for a total of 240 participants for the summer which is about a quarter of the number of participants that we would typically serve in this program throughout the summer. Because of that we are asking that participants only register for one session so that we can offer this program to as many people as we are able to and in the event that we didn't select then we would open up the remaining spaces to anybody that has already enrolled in the program. The program will operate from 8 a.m. to 11 a.m. Monday through Friday and because of the restrictions there will be no afternoon sessions available and we will not be participating in any competition for the summer. So the plan would be to hire 10 instructors and also two subs that we will train in the event that any staff member were to be injured or become ill. We would have those subs trained and ready to fill in. We would also have a coordinator and an assistant coordinator. In preparation for that hiring we will be conducting a swim test which central who is on the call so do you have any questions for them? We'll be conducting a swim test in two days, May 16th and May 23rd and then the training for those staff will begin June 8th. We will be operating on the established fee schedule which is $260 for residents and $325 for non-resident. In a typical summer the anticipated revenue for the junior guard program would be $275,000 with a direct wage expense of about $143,000. This summer the anticipated revenue of this modification is $121,000 with a direct wage expense of $101,000. So earlier last week staff received directions from a budget hearing regarding the QUT dedicated early childhood and youth funds which currently has a $5,200 remaining for this current fiscal budget. To support the summer programs this fund could potentially be moved to a scholarship fund and the capital of public and safety capital of public safety and community service foundation who would typically process the scholarship applications for the junior guard program and for campus has offered to process additional applications for summer programs if additional funds were made available. Any unused funds could be rolled over to the next fiscal budget the 2021 fiscal budget that would currently in hearing stop and regarding the rest of the requests from council additional recommendations will be brought to the May 21st budget hearing. This happens to be a decision that would have needed to be made quickly which is why it is in this presentation. In regards to the total recreation budget these summer program modifications result in a reduction of recreation revenues of $199,000 which is currently being offset by a reduction in expenditures by of $69,000 which is resulting in a net general fund impact of negative $130,000 or cutting into the general fund by that amount and these impacts have been included in the proposal for the fiscal 2021 budget recommendation to receive reports from modified programs and to allocate the $5,200 from the 2020 early childhood youth fund to a summer program scholarship fund and with that I am available for question and I can stop and share. Right, if there's any council members that have questions now is the time feel free to raise your hand Vice Mayor Brooks Yes, thank you Nikki for that presentation I just sat on the childhood advisory council meeting today and was informed that many summer programs are not going to be taking place so this is wonderful that you would be bringing the floor to us today. My question is regarding the senior guard program and the ages this year it seems that you it seems to be starting age to seven years old can you speak to that? Yeah, so I did in the staff report it does say for age seven and the when we run a registration for the junior guard program and we're not doing anything different than we would do a typical summer and so typically we would open registration by opening it up for returning residents first and then the next day it would open up registration for returning non-residents and then the third day of registration would open it up to new residents and we're keeping with that same pattern in order to kind of stick to what we would something that we would typically do that third day of registration is typically when those six-year-olds would get the opportunity to enroll because they would be new to the program but they would be residents or non-residents and so while at the moment as a six-year-old were to register for the program because they had previously been in the program we wouldn't be preventing them from entering into the program however because of the low numbers low number of spaces that we have available I am not seeing that it will be likely that many six-year-olds will be in program it's totally possible that there could be some remaining spaces by the time we get to that third stage of registration and we wouldn't be preventing them by any means but the likelihood might be low and I was cautious about getting individuals hooked up because we're already in a circumstances where I think a lot of people are going to have hopes for programs and are unfortunately becoming spaces for everybody I just have two more questions the other question is what if something changes with the beaches or come tomorrow they say you know the hours for recreation time are being extended are you prepared to make any changes or this would be pretty much that in short yes I would be prepared there would be steps that would have to happen so right now what we've kind of set up is that we would have these 10 staffs excuse me and those 10 staffs they cannot work with multiple groups so in the event that let's say the beach closures were changing we were suddenly to be able to open an afternoon session for example the staff that worked in the morning cannot work with the group in the afternoon it would have to be completely separate group of staff and I have talked with Captain Harway about what would happen if we would be if we would have to suddenly train more staff would that be possible and so there are some ideas out there and that we would be able to try and problem solve I've gotten pretty good at problem solving this particular problem lately so I feel confident that given a different set of criteria I might be able to have a workaround whether how long it would be able to be offered is kind of the question if it was how many sessions it would be how many weeks it would be before it would be able to offer something but through the normal registration process we will likely generate a wait list because I feel confident that we would have an idea to how many people still be interested in a program if we were to be able to open additional space and then my last question as you mentioned for the summer program that you follow particular guidelines and that was the reason you were keeping the ratio to 10 so is that not are those not guidelines for the junior guard program either or are you referring to the ACA guidelines that I have mentioned yeah yeah all right so no for the American camp association accreditation that we went through last summer they have ratio guidelines for staff to campers and those are currently at a 1 to 10 per USLA their ratios for junior guards is a 1 to 20 for the older years and a 1 to 15 for the little guard interest which is a larger ratio than what the current health order allows which is why it is a reduction in the spaces that we are allowed to provide whereas the ACA ratio and so the camp program actually sits and supports really well with the current family guide did I lose am I frozen Vice Mayor Brooks did that answer your question is Vice Mayor Brooks frozen or am I I think she's frozen yeah I think she's frozen we'll come back to you okay so we're gonna move on to Councilmember Story and then Councilmember Bertrand and we will come back to Vice Mayor Brooks once we can get her unfrozen thank you Mayor thanks to you for that report and bringing forth you know these youth opportunities my question goes to the status of the beach well you'd be able to function if the lagoon is not closed therefore you have less beach to be able to use those in time and space that's a great question so I do feel confident that with the current way we're staffing and the current numbers in the program that having the small beach and the lagoon going through the beach will be something that will work on Brown but I don't think that it's going to cause a serious problem to the program where typically in a junior guard session we would have about 250 kids on the beach and at a time and in this circumstance we're going to have about 60 and those 60 kids are going to be in their small little groups and they can't actually be close to each other they want them to be far apart so the fact that they could spread out and go where they kind of need to go in order to do their activities will benefit them so I feel like it'll if it will be as mild and convenient okay thank you all right Councilmember Bertrand question about training and also a question about competitions I guess the training question goes to Santa Cruz and the captains here appreciated them coming I just want to hear I would suspect the training of the same level any alterations just want to get that confirmation for the public yeah Scott would you like to answer Councilmember Bertrand definitely yeah yeah Central Fire is prepared to come and exactly the same training that we did last year even though that the numbers of instructors and the numbers of actual junior guard participants will be reduced we're still upheld to the standards set by the USLA guidelines to make sure that we meet those so the training that we'll be providing this year will be exactly to the same standard of what it was that you guys saw last year so Central Fire was excited for that okay thank you very much I expected that the other question is Nikki said no competition I just want a little elaboration I mean some of the activities are competitive in nature like flags for instance were you referring to no competition with other beaches like up and down California yes thank you for that question you're exactly right um there at the moment it is possible that Cavitola may be the only junior guard program that is happening in our county the city of Santa Cruz has already made a decision that they are not going to operate their junior guard program and the state junior guard program they will be making decisions I believe the last day I heard was June 1st um about whether or not they are planning to run any junior guard program on their beach the last update that I heard was that for the regional competition while that beach was still willing to post in the event that circumstances allowed at the moment there is no plans for that regional thank you any additional questions no additional questions okay we're gonna bring this item to a public comment then have we received any public comment on this item here's that we have an uh item how is the junior guard program going to operate and function if the city has no plan to grade or create an appropriate safe beach setting thank you Matt Arthur see area code A318180 any additional public comments that's it all right public comment for this item is now closed I'm wondering before we move on to comments if we can address the the comment regarding the beach grading and if it will be safe for for junior guards to participate sure Nikki do you want to take that otherwise I can um yeah so I in previously discussing the type of activities that we are going to be able to do with the individual groups we felt confident that we would be able to move about the beach and make modifications typically the junior guard program would kind of use a corner of the beach and and have kind of their established space and since the ultimate goal is to keep them distant from other groups with their stable staff we felt that their ability to be able to spread out on the beach and move to certain areas and avoid any potential hazards rocks debris that they would be able to modify and and take that into consideration there's also a number of activities because of the way that equipment would be shared we wouldn't be able to do and so there'd be a lot of water activity there'd be ocean safety discussions there'd be in group fitness activities but being able to use the spaces that are available to them on and Jimmy I don't know if you have anything that you want to add to that I think the only thing I would add is that while we're calling this a junior guard program I think it's going to be very different from the way the junior guard program traditionally operates so it's going to require a little bit of adjustment and on-the-fly adaptation as the program moves forward and obviously it's just it's going to be different we don't aren't going to have a big huge beach to work off of but there's a lot of activities we will be able to do so I think that that's probably the best answer I can give at the stage all right thank you very much we're now coming back to the council for additional comments and there's no vote correct this is just an update oh no I'm sorry there is consider allocation okay let's bring it back to council now for a discussion in a book a council member batron to see your hands up let's unmute council member batron and then we're going to go to vice mayor Brooks after that okay yeah I just want to thank you Nikki for as you said solving the problems and bringing this back because it's very important to capitol residents that the program continues even in a modified way and the kids mostly thank you and I would like to make a motion to do the fund transfer and accept this program okay we have a motion do we have a second I'll second motion by council member batron seconded by council council member story we're going to continue discussion let's see council member bothor if any additional comments is that a thumbs up because you're good with didn't know I had a quick comment thank you mayor Nikki I just want to say what an exceptional job you've done here this is obviously you know you may not want to call the junior guards program but I want to commend you and simplified chief Paul captain highway thank you for all the time that was you put into trying to make this happen I think you all realize this is the time when we have no money and it's the plan you'll kind of make them blendings out of lemonade so I think that the future for us is going to be a lot of tough budget cuts and the fact that we're going to make this stretch to support you I think should send a strong message to the citizens of capitol that we're trying to keep our priorities in order right here and so I will be supporting this motion thank you thank you my apologies vice mayor Brooks I had you next on the the list and I skipped over you okay and I apologize to Mickey for freezing on you I lost connection for a second must have been a USO flying over my house so I again I'm echoing what everyone is saying that this program is very much needed and it will be very much appreciated by so many families in our community and throughout entire county I would like to suggest so that we if councilmember Bertrand with the opening open to a friendly amendment that we extend the junior guard program to begin well not to begin but maybe do just allow a threshold of 10 six-year-olds maybe start with that or five and I'm looking to make a force some guidance on this even further because this is kind of what we've done in the past and I know that there's a lot of kiddos who would be interested and because of their age it's not like they were that they were able to participate the year before so they wouldn't fall under that category as returning members because they just turned six so I would like to offer a friendly amendment to at least allow 10 six-year-olds from the gap out the gate to apply for the program and that would be my my friendly amendment councilmember Trond do you accept that I'd like to see what Nicky's take is on this I I have no problem with extending the age group but you know it is under different circumstances and I heard your explanation that we haven't done that and that I mean we don't have any six-year-olds that would be you know new ones they would be still in the third third rank of signups so in terms of this that we'd be continuing later you know for a number of years later so I just want to get your take on this yeah so here I the level of detail let me know if it's too much detail but in order to do that what we would need to do is essentially create an individual group of six-year-olds that we would allow to become available in that third round of registration and so I I would be concerned because it would be a small number and the you know it's already kind of a quagmire of fairness because of the limited number of bases that are available but we could totally create a additional session that would come available in that third round of registration and and and just have that be fitted because the system can have age restriction so it's kind of to that answer I hope I explain that clearly so I have a question normally we don't have six-year-olds right and so we we haven't really accommodated them in the past but you say that you can actually have a sort of a cohort that you would create for this not exactly so typically in a typical summer six-year-olds would be new participants into the junior garden program okay and the way that we have done registration in the past is that we've done it over the course of four days mostly because the registration can't the system cannot handle a thousand people logging on to register but as well as a way to implement the measure of fairness because it is such a popular program we have broken it out of for four days starting with people that are returning to the program and then residents has been on the first day the second day has been returning non-residents and then the third day has been new residents and then the fourth day is new non-residents so that that has been the typical pattern and so yes we have has six-year-olds in the past it's just that usually their day to register doesn't fall into third round of registration okay so basically you could you could handle events request it just could be something way at the end and it's going to be a small cohort perhaps yeah but it would be it would be controlling it would be controlling the numbers and specifically be fixing the registration system to hold those spaces okay I have no problem with the family and with the friendly amendment talk about that and uh who did we have Sam uh council member story I believe seconded that are you um yes I see your hand yeah yeah I was I was the second then I guess before I accepted that I would like to hear a little bit from Nikki about the budgetary implications and specifically whether six-year-olds to require higher ratio instructor to participate and which would kind of throw off our our the budgetary figures that have been presented to us um that's a good question that's and in a normal summer they would fall under a ratio of a one to 15 because they would be put in a they're they're considered little parts and under the USLA ratios their ratio is a one to 15 now the staffing structure is very different in a normal summer as well where we would have instructors working directly with the youth and then we would also have instructors that would be kind of life-guarding um during activities which wins and that sort of stuff and having this this staffing setup is two instructors who are USLA trained they are doing everything with their small group of 12 youth and um one of the aspects is going to be swimming and we did feel that having two guards with those groups is really important because of the circumstance where someone maybe doesn't want to get in the water and they're having trouble struggling and how do you keep the program going um without suddenly focusing around that one youth and six-year-olds might throw that balance off a little bit more but I think that if you were to pair them with other similar age youth it would it would work out okay considering we would also have the B-19 volunteer so it would definitely be I would choose I would be very selective as the staff that would have that group staff that would be very experienced in working with that age group but as far as the ratios are concerned I think that were covered and that wouldn't significantly change the kind of revenue to expense proportions among the six-year-old group either no it would have almost nobody turning back okay hearing that I'll accept you know the friendly amendment okay you know my last comment is that my daughter started at six and she loved the program it's well run then so I think I'm perfectly fine with that age group council member Bothor we haven't heard from you yet oh you've heard from me but I was all in favor of this until the amendment and I'm I'm cautiously treading treading water on this one before I complete my comment I'd like to have a city manager weigh in on his input on on this modification and then I'll make their comment well I think that the staff recommendation with the age range not having the six-year-olds not even sort of getting people's expectations up that they would be able to sign up as a first time enrollee I think that was a well-reasoned recommendation at the same time I also appreciate the notion that six-year-olds who may have been looking forward to junior guards wouldn't be given the opportunity to participate at all given the small enrollment so you know I think it's fine to set aside a couple of the spaces we will maintain a waiting list as we always do so if we don't get the six-year-olds to sign up then we will be able to fill the spaces so I think I think at the end of the day it's kind of this policy call you know it really comes down to the priorities right the way we do Nikki talked about the sort of different stages of priority we typically go through in terms of who gets when to sign up this is really saying that there's going to be 10 returners who may not be able to sign up now but we are going to give some slots for six-year-olds and so I think in that sense I think it's a fine decision to make for the council one way or another either way and thank you that's just an answer to those comments Nikki when you make the presentation I detected nothing but confidence in your voice which makes me feel good about what you're presenting likewise from Central Fire Dan will weigh in on that and I'm probably going to speculate that they don't have a problem with it the chief secretary said a little bit so I'm just going to take that at that I have a little reservation when you pause, Nikki because you're normally very gubrant and make us all feel good about what you're delivering a little reservation there from the city manager not my intent to cut out anybody I think you said that there was a provision on the last day that if we didn't fill the spot the six-year-olds would be able to sign and I'm not sure that I'm liking that which you just hinted at was that some people might not that were there last year might not get in because we were now creating spots for six-year-olds so I'm feeling like we have two programs that are working against each other and I'm not sure you know I can tell you the truth I'm not sure how I feel I like it better when you are just smiling from your ear and you know you have your quick answers and you feel really good about it so I'm a little mixed on this on this decision thank you thank you council member Bautour any additional comments from the council saying none we have a motion in a second I believe let me just backtrack we already took this to public comment correct because we had it read from that yes thank you that is correct thank you okay so we have a motion in a second so let's do a roll call vote do you want to clarify it oh I'm sorry you want to clarify so I believe the motion is the staff recommendation with a friendly amendment to set aside six spaces 10 spaces for six-year-olds is that correct that's my understanding is that correct council member Bertrand all right council member Bautour all right council member Story all right vice mayor Brooks aye mayor peterson aye thank you motion carried unanimously thank you niki thank you everybody thank you all right we're going to move on to item 8d cdbg cb grant resolution carry it over to staff all right thank you mayor peterson and council it's a pleasure to be before you tonight with this item on march 27th congress passed the coronavirus aid relief and economic security act the cares act to support preparation for and response to the community impacts of COVID-19 pandemic the state of california received approximately 19 million dollars in cares act money disbursement of the funds will be from the california department of housing and community development hcd through the community development block grant program cdbg so one requirement for a cbdg grant application is to adopt a resolution authorizing the city manager to submit an application to administer the grant tonight's discussion will be at a very high level as moving forward with this we're moving forward with the resolution before actually the NOFA which is your notice of funding availability has been published by the state hcd so we're trying to get ahead of the application process because it has to go to two public hearings and should the NOFA open and the application open we want to be ready to go and ready to submit our application the other thing of note with moving forward is that there is some flexibility the funds for the cbdg's cv funds are not set in stone at this point so let's first talk about the amount of available funds one requirement of the cbdg cv funds is that any existing program income funds must be utilized prior to the cbdg we'll call it the covid funds the great news is that they're allowing us to reutilize our program income funds towards the cv funds luckily we had a cbdg down payment assistance loan paid off in 2019 and we currently have $80,000 of program income that we can utilize towards this new covid-19 effort the draft carers act guidance includes for the city of capitol a $93,664 this was just draft guidance that was published and as I said the NOFA has not been published at this time at the time of writing the staff report I'd been talking with the hcd staff and they recommended increasing the number to a hundred and fourteen thousand to provide us some cushion in our request I called hcd again yesterday and just asked them more questions about can we go higher and they said we can go higher we can update it to have a not to exceed amount that's greater and that would be a safeguard in case more funds became available and it wouldn't have to come back for a public hearing so this evening I'm going to be modifying my recommendation and requesting that we change the language to go to up to $250,000 and I'll break this down further in a future slide and I also have a recommendation to change the motion at the end so in all written out the big takeaway here is that you can list a larger number in your resolution it'll save us time and right now times of the essence with all of this so next slide so how can the funds be utilized the activities they can be utilized for activities that address immediate and medium term responses to the COVID-19 pandemic activities must be related to the preparation, prevention, response and recovery of the COVID-19 pandemic and CBDG has although the exact guidance isn't out at this time for the the documents that they have put out ahead of time they're allowing up to three CDBG activities and I'll get into that next so CBDG has four defined activities in which the money can be used for first is public service this includes food distribution and rental assistance programs second is public facilities this includes conversions of public facilities to healthcare facilities so luckily Capitola we haven't been in this situation where we've had to convert any of our public facilities into a healthcare facility so that one we would not apply for third is housing facilities for persons experiencing homelessness this includes providing shelter to homeless in response to COVID-19 and for us every year we donate to HAP the Homeless Action Partnership regional partnership that we're involved in and that the money could be utilized for that and fourth is economic development so small business grants this is a couple one example I can give you of this is the city of Watsonville they're a CBDG entitled community which is different from us we need to apply for the grants but so they have funding coming in and they set up a small business grant program in which applicants could apply for up to $2,000 to help with for small businesses to help with their rent or any utilities so that was posted recently the response to that was great there's a great need out there so in the resolution we also must identify where the funds will be utilized of those four programs and then there's also 17% administration I reached out to the community foundation to assess the needs of one activity over another I heard that the need is great in all areas and they couldn't prioritize one over the other at this time also I've reached out to CBDG entitled communities such as Watsonville that I just gave an example of and Santa Cruz who are both provided with CBDG funding annually and do not have to go through the same application process as Capitola as a non entitlement community they gave me direction that within when they advertise for rental assistance and also economic development opportunities again the response was great and the need is there so knowing this it's hard to put one above the other so I'm suggesting the city divide the funds evenly between food rental assistance housing for the homeless and economic development also if one activity was to no longer have such a great need so say if an angel donor came in and gave a lot of money to our food banks and they weren't asking for as much money we can work with the each CD and redefined our distribution and they'll work with us on that so what would this look like on this slide I have a breakdown the second to last column I showed the likely outcome to be tied to a total grant of $195,000 and that's what we're estimating that we'll get on the last column I show the greater amount if we were to actually get more funding up to the $250,000 which would be a total of $330,000 in change the point to take away here is that the greatest need for all activities so we have the ability to amend the allocations later but in my recommendation we divide food services rental assistance housing for the homeless and economic development equally and then CBDG grants are administration heavy there's a lot of documentation that has to go into distributing these funds and qualifying the grants as they're distributed so there's a 17% administration that comes along with us and we would be putting out an RFP immediately to find a third party to help us administer this as it I hear it is it's very paperwork intensive and documentation intensive my other recommendation tonight is there are a lot of decisions to be made upon this such as creating the process for the grant application and how we distribute the funds and how they're awarded so this evening I am asking for an ad hoc committee to be formed um this would consist of myself the assistant to the city manager and two city council members the next slide please so my recommended action tonight is to adopt a resolution authorizing the city manager to submit a community a cdbgcv application requesting up to and we're going to change the amount 250,000 of cdbgcv grant funds reutilizing $80,632 dollars and 35 cents of cdbgcv program income funds for a total of 330,632 for three COVID-19 related relief programs and to execute the grant agreement upon reward and then also to identify two council members to participate in the ad hoc subcommittee and with that I'm happy to take any questions and the next slide actually I'll bring this up well at the end when it's time to make a motion I do have a slide that outlines exactly what needs to be read into the record okay so thank you all right so questions I've actually got a couple so I'm going to start us off and then we'll get the ball rolling when do we expect that we would get this funding they're trying to distribute it as quickly as possible so that that is why they've told cities to go forward with your resolutions not knowing exactly what the numbers are but once the funding comes in we really want to get this RFP out be ready for it so we can turn it around really quick that's the whole point behind this avenue through the CBDG Grants is to get it out quick okay and just to clarify because I know I'm going to get questions about it the economic development part of this is small business grants correct correct so I have to say the guidance that's been out there is very it's not very clear at this point but with everyone I have been talking to it sounds like small business grants how we define that I think we have some flexibility okay and with the the food distribution I know some of the programs that we funded through our community grant program offered food distribution would we need to choose one or could we divide this funding up you know amongst organizations that offer food distribution okay that's a great question so we could utilize multiple organizations but we'd have to show that they're serving different populations okay and could we also I know a rental assistance was one could we do the same with yes yeah as long as we can show that they're not serving the same population perfect and there's there's a tie back to with CBDG Grants to be supporting low-income families too so that's perfect okay and then my final question if we could go back a slide or two one with the breakdown of the funding so this one so you mentioned dividing it up equally but it looks like the top gets 41% and the next two down get 20 so that would be 20.75 for food and 20.75 for rent rental assistance they're just both the activity is the public service response so I had to put them together because I got there they're into the same heading perfect thank you you're welcome okay we're gonna bring it to the council any council members have questions council member Bertrand yeah yeah there you go okay so we do rental assistance now and I think first month and you know move in fees and stuff like that so we have standards would those fit in the standards that this grant would demand yes they would they're actually the rental assistance we do now is for low-income so it would fit okay and then with half I suppose that fits in the standards too it does I'm not sure all of the costs associated with the housing action partnership would be eligible but the majority of the costs are associated with the winter shelter there are some other minor costs associated with the biannual census that's done and some administrative support that's provided so we would have to research that and we would just need documentation from them as well showing that the needs gone up since the crisis okay it's hard to understand some of the words but so Katie so I guess we must have a point person that we could tie in with to get some resolution when we try to make choices yes you know I've been doing a lot of I've been reaching out to a lot of our partners in the community and getting hearing what different entities have been doing with this money and we'll definitely be it'll be a community effort and how this money is spent between multiple nonprofits and hopefully our I'm going to with the RFP going out find somebody to administer that has great experience with CBDG grants and can make this as smooth as possible for anyone that we provide a grant to okay and one more question you mentioned that there's significant paperwork and so in terms of the ad hoc committee working with staff and whoever answers the RFQ how much work do you anticipate for the ad hoc committee I think there would be in the next two weeks we we'd probably have a couple meetings to make some decisions on how we're going to go about we need to advertise that the money will be coming to us and be available and then and then how we're going to decide on the selection process so it would be in the next two weeks I think we'd be spending we'd probably have two meetings each week or one meeting a week for the next two weeks but we really need to jump into this right away so you want to get it going real fast I guess so be intense up front yes thank you sorry I'm trying to see all the participants okay any additional questions I do have one minor clarification on the recommendation so the ad hoc committee that we're recommending being formed would be comprised of two council members staff would be providing support and so it would be a non-brown act committee it's a sort of a minor technicality but we're not suggesting that the committee would be consistent of all those members it would just be the two council members with staff support thank you um I don't see any additional questions so we'll bring this to public comment have we received any public comment on this item I don't see I don't see it welcome oh was this going earlier right thank you let me put I need to share the screen dear council members the community action board that set a cruise county incorporated cab encourages your council to support the resolution authorizing submission of a cdb gcb application for COVID-19 related relief programs as you know cab is the county's designated community action agency tasked with addressing poverty in our county through six programs cab's rental assistance program has provided eviction prevention support to help low income capitol residents and other county residents avoid eviction and homelessness for several decades throughout the year we hear from seniors disabled individuals and families with children who struggle with rented circumstances such as unexpected medical expenses family separations and job loss in our high cost community we anticipate that with the upcoming ending of the eviction moratorium we will hear from many capitol residents in desperate need of rental assistance to avoid eviction due to the c o v i d 19 pandemic and its impact on local jobs and the economy therefore we support use of some of the cdb gcb funds toward rental assistance in capitol in order to avoid an eviction and homelessness crisis on top of the current public health crisis prevention is critical because keeping families in their current housing is less disruptive and more cost effective and trying to assist the family once they've become homeless and need to try to obtain other housing especially in this current difficult environment sincerely pause for the community action board at santa cruz county incorporated you have any additional public comment doesn't look like it all right seeing none i will bring it back to council for comment and deliberation i would like to let's see we have the resolution i know katie said you had a slide that you needed to pull up for like exactly what needs to be read into the record for when we're ready for that and before we get there i know we need two council members to be a part of this i will certainly open it up to anyone who's interested i would like to be a part of it and i would recommend the vice mayor brooks join me on that as well but i am certainly of course open to all comments and recommendations so let's move forward with council comments if anyone has a hand to raise vice mayor brooks thank you mayor peterson for the suggestion and the recommendation i would be more than happy to sit on the subcommittee with you and then i saw council member batron and then we'll go to council member bachorf okay i was going to volunteer too but i'll go with you and vice mayor that's fine thank you council member batron do you have any additional comments no that's in thank you council member bachorf yeah thank you mayor i'm supported this and i think that yourself and the vice mayor make an excellent team to try to make the best effort to distribute this money to the people who need it the most thank you thank you council member bachorf council member story do you have any comments no no comments thank you if anyone has any additional comments go ahead and and raise your hand or the hand emoji and then otherwise we will entertain a motion based on the uh staff recommendation that is on the screen that is a detailed recommendation i forgot to share the screen do we need this read into the record yeah that's my understanding okay so whoever makes whoever if anyone chooses to adopt staff's recommended motion they need to read this whole thing is that correct that's what the city attorney had suggested maybe the city attorney could offer some options sure i the best practice would be for someone to read the entire thing or i could just read the amendment and someone could say adopt resolution with the change read by the city attorney so why don't i just read the amendment the amendment will state the amendment to section one shall state the city council has reviewed and hereby approved the submission to the state of california of one or more applications to the aggregate amount not to exceed of three hundred and thirty thousand three hundred and sixty two dollars up to two hundred and fifty thousand and cdbg cb funds and up to eighty thousand six hundred and thirty two dollars and thirty five cents of cdbg program income funds for the following cdbg activity pursuant to the 2020 cdbg cb no fat for the following activity general administration fifty six thousand one hundred and sixty one dollars public services to respond to covid-19 impact one hundred and thirty seven thousand one hundred dollars housing facilities for homeless sixty eight thousand five hundred and fifty dollars economic development sixty eight thousand five hundred and fifty five fifty dollars for a total of three hundred thirty thousand three hundred and sixty two dollars so the person makes the motion should make the motion with the change that i just read into the record thank you and i believe uh councilmember bautour if he had his hand up i would like to make that motion with the change into the record i would also like to nominate uh mayor peterson and vice mayor books to serve on the subcommittee to participate in the cdbg cdb ad hoc testimony thank you we have a motion do we have a second i'll second all right motion by councilmember bautour second by vice mayor brooks can we get any additional comment before we go for a vote all right can we get a roll call vote please councilmember bertrand aye councilmember bautour aye councilmember story aye vice mayor brooks and i had my hand raised for an additional comment i just want to ask for the ad hoc committee if when we come back to this if we can see a side by side to get some information on which of our current community grant fall in line with the activities as a comparison thank you i got it okay cool yeah thanks and mayor peterson aye thank you thank you motion carries unanimously thank you all uh let's move on to or the last item on our agenda item 8e zoning code update chapter 17.44 coastal overlay zone okay thank you mayor and council so before you this evening is the latest update to the zoning code certification oh it was in the presentation yeah it's in that same sorry it was going to be really easy wasn't it i made it harder okay good evening before you tonight is the update on the zoning code next slide please currently the zoning code we adopted one the new zoning code in 2018 the new zoning code does not take effect within the coastal commission in within the coastal zone until it is adopted by the coastal commission so currently we're acting under the 1975 zoning code within the coastal area and this is tonight's presentation is an effort to get us closer towards that lcp adoption by coastal commission next slide following adoption of the zoning code in 2018 i provided a copy of the zoning code update to coastal commission staff due to the volume of the document it took them time to review we got comments back in November of 2018 in early 2019 we had a couple meetings with planning commission they they forwarded the their revisions to the city council in march of 2019 with a positive recommendation for adoption city council reviewed this following that march meeting and next slide please as you will recall in our April May and June of last year we discussed the coastal commission revisions our previous city attorney created a list of requested edits that appeared not to align with the coastal act the city council asked that staff go back and work with the coastal commission staff and we have gone through that process with the coastal commission staff and what i'm going to present to you tonight is the five page list of edits we provided red lines that were delivered to each of you and so you could see all of the full edits within the document but i'm going to just work off of that spreadsheet because i think it's the easiest to follow so next slide please okay so tonight i'm going to go through the the overall spreadsheet and then following that i am going to briefly touch on the items that we're going to discuss at the next hearing just to bring them bring them fresh into your minds and so from that next slide before we discuss some of the next hearing so before you is the first page of the spreadsheet and i'm showing on the slide in this last column the recommended changes what we did when we worked with the coastal commission staff is any any area in which we we weren't sure why they were asking for the change we asked them to reference the section of the coastal act in which it applied to and through going through that process with them there they would reference the section and then we would take the actual language from the coastal act because it was more in a line of what their authority is so it was a good exercise and now i think we have a much stronger coastal overlay zone so under the first i'm not going to go through all of these individually i'm going to highlight a few of the top ones and then we can go back in any questions anyone has but under the first edit this one was of concern because it said that the way in which to interpret this would be the utilizing the broadest interpretation possible so we've modified the language to reflect what it says their review authority is within the coastal act and there is one edit at the very last paragraph it says the social and economic needs of the people of the capitol and the state so we're going to remove the word and that's what I have the blue circle around otherwise we just have an update on values and I'll move on to the and then the last section discusses discretion of the the bodies that are reviewing an application but with more clear language than was originally proposed so and actually the third one down is pretty important too the structure they they had removed our language for permanently attached to the ground which would have meant any tent that went up the village would have needed a coastal development permit anytime we put up anything temporary so we were able to agree on putting our original definition back so next slide please under this slide again we it clarifies the coastal commission's authority with previously issued permits to reflect the language in the coastal act and then the other two changes are again just creating consistency with the coastal act any questions on page two of the spreadsheet I guess we'll get there what's that we can go to the next slide in this next page again we're adding more consistency with the coastal act and making there was some ambiguity in the review criteria under the second item down to who the review authority would be for repair maintenance and utility hookups that the community development director would make a decision there but otherwise this page was mostly consistency with the coastal act and then the fourth item down there the coastal commission had requested that we list all the application requirements within the code we typically do not do that as a practice so in working with them we've agreed actually this one we may it may come back because this is the one point that they they weren't in total agreement with but they understood our point and we'll see if we get a red line when we submit this one to the coastal commission but otherwise it was for consistency and we were in agreement next slide please on the the top item this is important when there's a an emergency permit it just referenced the authority of the community development director typically whenever we have an emergency it comes through public work so examples are a bluff top in the this past winter and having to initiate a coastal emergency and our wharf an emergency permit and then just again just clarifying language and and also in on this page there were some references to if you didn't follow the procedures what the outcomes would be and we've we've modified the language to provide greater flexibility so that we can look at what the issue was if somebody didn't apply for their emergency permit and really find the correct the the right correction for the issue next slide please and lastly on this slide there this is bringing up the other two items that were out of the coastal overlay zone and the second to last item has to do with minor and major encroachment permits and these we see regularly at the planning commission and we added a reference to chapter 12.5.6 here that it's under the authority of either the public works director or the planning commission so we hadn't had that in the zoning code language before so that's a new section that the coastal staff added and then we made it to really fit within our code so the language has improved and then lastly coastal staff propose some language in our parking section and we modified this to really build in options there's one change I would like to make also within this section that we caught later but I've circled it within the spreadsheet but when parking is reduced the city shall and it says require alternative opportunities and it should be shall evaluate alternative opportunities so that's the second modification I'd like to request this evening but with that I'm happy to answer any question that really highlights the modifications in this chapter thank you thanks all right any questions from council feel free to raise your hand seeing none let's see if we have any public comment I don't see any all right seeing no public comment the public comment for this item is closed and we will bring it back to council for discussion and do you need a vote or just a record just an okay for you know um I was going to do a quick overview of what's coming next but for now we could do the motion for this because the other is not was not noticeable here okay okay so the motion so you do need a vote on this just to accept the staff just to accept the changes and yeah um it should the recommendation should be yep to accept the changes and then to continue the item to the next meeting perfect all right discussion and a vote council member Bertrand I just want to thank the staff and Kate for doing this work it's much more clear and also it's obvious that you're working well with the cost commission and we do have some hard issues coming up so with that I'd like to make a motion to accept the changes and um there was a second portion honestly was and continue the public hearing on May the 28th city council meeting can you council member Bertrand do we have a second council member I'll second oh okay council uh seconded by vice mayor Brooks council member Brothorpe do you have additional comments I know I was just going to second but uh vice mayor Brooks statutes so that's great okay any additional council comments all right saying then we'll do a roll call vote and then we'll bring it back to Katie for uh next steps great council member Bertrand I council member Brothorpe I council member Story I vice mayor Brooks I mayor Peterson I thank you motion carries unanimously thank you all right next steps okay so next steps when we come back in two weeks we're going to be talking about the monarch coven and just as a quick reminder the new code that was adopted talks about the single um was so there was a new zoning map that was adopted that identified the monarch cove site as an r1 single family property and then in there the the note that was attached to monarch cove was single family dwelling requires a conditional use permit and shall comply with the development standards of r1 so really allowing it to revert back to r1 as the property owner would like um next Jamie then the city the coastal commission staff redlined our submittal and said they'll allow the single family dwelling only if ancillary to a visitor's accommodating use so when we talk about this next week we're going to be asking for direction on the planning commission recommendation Jamie and the planning commission recommended single family dwellings allowed and instead of only if ancillary to but in conjunction with visitor serving accommodation use or grant of public access to a viewpoint so it's giving them an option of either doing visitor serving accommodations on the site or a grant of public access to a viewpoint and it's shown in our lcp as a viewpoint of one of the properties in capitol with view so that's a little summary on that and then I'll get I'll give you a highlight so the next item we'll be discussing next slide please next is the village hotel when we submitted this to coastal commission they asked that they added language about the maximum height of the hotel and that it should include all rooftop architectural elements such as you know air conditioning units and then they also added a limit of at least 10 feet below the top elevation of the bluff and when the planning commission reviewed this they really wanted to build in more flexibility in the design and not have such a hard 10 foot limit so Jamie next slide please so the planning commission recommendation was to remove the 10 foot height and then also revise the view points for looking for that from the hotel from the village to say from the southern parking lot along the the bluff of cliff drive because it's at a higher elevation before they were asking for a lower elevation that you probably wouldn't see the green edge above and also the capitol of warf so we'll be discussing that at the next hearing and then there's one more item next slide this is about parking in the village and I think you all may recall recently we've had a couple applications that went through planning commission where we have this part of our code that says you have to require parking if you make your residence any bigger within the capitol village but it needs to be within walking distance in a nearby lot and at your best friend's house you know it's just it doesn't make any sense and our in lieu program doesn't support what the language says in the code and really digging into this and looking at our land our local coastal plan next slide Jamie it's really focused on not making more curb cuts and keeping our village pedestrian friendly so we'll be bringing forward some language that we think achieves that goal so and that that will be distributed to you I'll get it out to you ahead of schedule so you have time to look at it but that's just a quick overview of what you're going to see at the next meeting so you can start thinking about those items thank you thank you all right now we've come to the end of tonight's agenda so we're going to go ahead and adjourn the meeting thank you so much to all the council members thank you staff thank you to everyone who used our virtual public comment options tonight that was one of the first times we've ever gotten actual virtual public comment and it was fantastic thank you more than ever please take care of yourselves please take care of each other and the meeting is adjourned