 In accordance with California Governor's Executive Order N2920, this meeting is not physically open to the public. Council and staff are meeting via Zoom, and there are many ways for the public to watch and participate. Information on how to join the meeting using Zoom or a landline mobile phone, along with how to submit public comment during the meeting tonight, is available on our website, cityofcapitola.org, and on the published meeting agenda. The public can also live stream the meeting on our website. As always, this meeting is Cable Class Live on Charter Communications Cable TV Channel 8, and is being recorded to be rebroadcast on the following Wednesday at 8 a.m. and on Saturday following the first rebroadcast at 1 p.m. on Charter Channel 71 and Comcast Channel 25. Our technician tonight is Melissa. Thank you, Mayor Brooks. Thank you, Chloe. Could you please all please join me in the special allegiance? I pledge 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 very much. Okay, so we're now going to move on to item two. This is a report out on post-session. Good evening, Council and Mayor Brooks. We had a closed session earlier this evening on the item or the agenda and directions given with that. Thank you. Yes, thank you, Mayor Brooks. There were several. One attachment for item 8b, the Village Banner item, and then there were eight public comment emails regarding item 8c. That is the Parklet Program update. Thank you. Now for items 5 or communications. I don't believe we have any comments this evening for some staff. I feel like that's nearer. Just cut that anyway. Item 6 for staff and City Council comments. We'll kind of want to begin with both staffs. I'm sorry. I think I might do a straight up. Both communications intended to be public comments. I think we just got a good confused there. Oh, I'm so sorry. That confused me as well, and I didn't catch that earlier when I was reviewing it. So that's my apology. We're going to go back to item 5 and let me just open this up for oral communications. This is public comment for items not on tonight's agenda. See if you'd like to make a comment on this or consent items. This is your opportunity to do so. If you'd like to send us an email now, you can email us at publiccommentsci.capicola.ca.us. Or to see if you can raise your hand now by clicking on the reactions down below, and then clicking the raise hand in your Zoom application. What if I don't start out as you're supposed to call them today? Start them out on their landline on mobile phones. And I'm not even one of you. You'll have up to three minutes to see. Mayor Brooks, I do not see anybody attendees with their hand raised. And I do not see any emails on this item. Alright, so now we're going to move on to item 6 then for staff and city council comments. We'll be done with staff. And as I said earlier, even this evening, I don't think we have any comments for your group. No, sirs. Great, thank you so much. And now for staff and council comments, and we'll be done with staff and council members for staff. Yeah, I have taken an action which I regret to make. But I am resigning from the area aging of the city council and inform the city clerk to put a posting that we have an opening. I'm sorry to hear that, council member Tramp. Thank you. Any other comments from council this evening? Council member Kaiser. Thank you. The commission on the environment met last night. And we are continuing our discussions about gas powered leaf blowers. And I think soon there will be some information coming to council to at least alert the public if they'd also like to sort of get in on the discussion or feelings as far as whether it's just leaf blowers or if there's other gas powered items that may be of issue within our town, along with a lot of to-go items that have been used at restaurants. Obviously, they're heavy to go here. So we're sort of trying to streamline an operation with whether it's compostable the best way or our recycled plastics the best way. So we're sort of trying to move in the direction to make it user friendly, which is good. It's seemingly a little complicated, but if anybody listening today, if you have thoughts or whatnot, please shoot it our way. And I'd love to hear from anybody that has insight and information on that. And I want to support it with making us agree, as great as we can speak. So thank you very much. Thank you very much. I think it was a year ago that our city was given a grant for tobacco prevention. And we signed with that to me, or excuse me, with Annie Daly and some representatives from the health department in talking about next steps on how to utilize the grant and those dollars so we'll be partnering with the school district on that initiative. So more to come on that. Okay. Any other helpful comments? Now we're going to items seven. This is all items listed under consent items will be enacted as one of motion. The form listed below. There will be no discussion on these items prior to the council vote. On the actual list, members of the city council are to request the items to be discussed for separate review. So can I have any motion to approve all of the consent items? Council member. Council member, you are muted. I'd like to make a comment about the meeting minutes of June the 24th. Just for a correction. Or a quick correction. Yeah, quick correction. So it's noted that I talked about the area aging agency on aging master plan but I also wanted it to be agendized for future city council meeting. So that wasn't noted. Thank you. Thank you. Thank you. Council member. I'll make that change. And I'm getting better at reading what council member. Yes. I'll move the consent agenda. Okay. We have a first to approve the consent items with that amendment. You would have a trackup. Okay. Council member. We have a first and a second. Can I have a roll call? Yes. Council member Bertrand. I agree. Council member Kaiser. Council member Peterson is absent. Vice mayor story. Hi. Mayor Brooks. Hi. Thank you. All right. This item passes. We're going to now move on to item 8 general government and public hearings. Item 8A received an update on pandemic response of the Council members staff. Can I hear a turn? Okay. All right. Thank you. I'll be covering this one. I'll keep it relatively short but I do have some slides to share this evening. We'll try to expect another time because I know we have a very full agenda this evening. So this is 29th time we've had this on the agenda. We're going to take a look at what the case numbers have been doing. Nationally I think you've seen reported in the news that we've seen an uptick started in late June. Particularly in areas of the Midwest as well as in the South. Unfortunately, California hasn't been immune from that trend. This is what the cases have looked like in California over the last, over the pandemic. You can see since right around the end of June, early July, cases have started to take up much more significantly in the last several days. The surge started in LA and it seems to have migrated up into northern California as well. To remind everybody the last time we looked at this, this is our local Santa Cruz County coronavirus dashboard. We had 47 active known cases back on June 9th. So a month and a half ago and as of today we're up to 140. So unfortunately we are seeing a little bit of a case surge here locally as well. Now one of the things I'll take a look also to update on the vaccination status. Overall in the state we're just over 60%. I've either had a first or second dose with 52.6% of the population fully vaccinated as of today. What's been in the news recently and I think everyone has heard about it is the Delta variant of coronavirus. It's significantly more contagious. I heard some quotes from the director of the CDC today talking about being one of the most contagious respiratory viruses that she's ever seen in her career. At this point it's not clear whether or not it causes more severe illness. Some studies have suggested that it does. Some have suggested that it doesn't. It has been a variant of concern since May and it's now the dominant strain in the U.S. I strongly suspect that 58% of the infections is probably not accurate anymore and I think it's the vast majority of the infections at this point. The good news is that our vaccines today are very effective against the Delta variant. All the Johnson and Johnson, the Moderna as well as the Pfizer vaccine. So it is not at this point shown to be evading our vaccines. I'm sure you've seen in the press that the LA initially in earlier July the health officer recommended masks for indoor settings. And now the 16th has now required masks for everyone regardless of vaccination settings in public indoor settings. Just this week, as again, I'm sure everyone heard, Santa Cruz County Health Officer in coordination with other health officers in the Bay Area was now recommending that all people do wear masks for the indoors and private spaces and it's already a business system about universal masking requirements for customers. They also indicated in that same statement that the health officers for the county of the world are participating in the statement that they would be actively monitoring their cases and hospitalization rates and potentially applying the recommendations and orders moving forward. In response to this, the city of Capitola has modified their lobby procedures where previously people could self-attest to learn the masks or not. They're now saying masks are just mandatory in the lobby. It's a little easier process for everybody to understand, applies to both staff and to members of the public. And so that includes three lobbies, police department, city hall, as well as the recreation department. So try to understand where we might be going. Whoops, let's go back. One of the things I did was I took a look at some other countries that have had more experience with the Delta variant. That includes both India and the UK. And one of the things that I picked up, and this is just in my own analysis of the data, is in both cases the surge from where the surge started to the peak. And I don't know whether or not UK is really at the peak right now. They're keep turning. Their cases have just started to seemingly tail off here the last couple of days, so maybe that they are at their peak. But it was about two months. It was about what it took to get from cases starting to rise to where the cases peak out. The reason I have the UK up here is because the UK has a similar vaccination rate to the US, and also had similar experiences where a relatively large percentage of the population already exposed to the virus. So that's about it. And you can see that with the Delta variant that their cases in this last two months and in this period of time, right now, we're almost as high as in their peak. But then here's the good news is that when you look at their hospitalization data, it was a factor of four or five times lower than it was during the winter peak. So clearly they're getting a lot of cases right now in the UK, but the good news is that the rate of hospitalization is significantly lower than it was during the winter surge. So whether or not that's a negative of what's going to happen for us, and certainly not one who can say for certainty, but I do know that in Northern California, we started seeing sort of this increase due to the Delta variant right around July 4th. So at this point, we're probably two, three weeks into the surge. So I think my own prediction would be that we can probably see another period of times, six weeks, something on that order before hopefully then we see cases going back down unless there's a significant public health intervention. I'm only sharing that just to give my own sort of guess of what we're going, but it's just that it's not, you know, it's nothing that's in it and it's not coming from, it's not coming from the health officer. We talked to the past about in-person meetings, and I just want to make sure we're on the same page that at this point our plan is to have our first council meeting in 1st of October 14th. We will obviously continue to monitor what's happening with the case numbers. And at the end of the day, the governor extends the exemption to allow virtual meetings to take place later than that. I'm happy to work with the mayor and figure out the right time for us to go back in person. And with that, I have another question. How's the numbers? Those five starts. Thank you, Mayor Brooks. Jamie, thanks for this update. You know, it is disconcerting that our active case numbers are going up and seem to be going up significantly. And I just wanted to ask you, I know you give us a weekly update on Friday and whether you could include the active case numbers as a part of your weekly update so that we can be bothered saying it? Absolutely. All right, yeah, thank you. Great suggestion by Snare Story. Any other questions? Okay, let's go ahead and go to public comment now for this item. So, who would like to make a comment? Send an email now to publiccomment.ci.capitola.ca.us. Or to speak. Please raise your hand now by clicking on Reactions, then clicking Raise Hand in your Zoom application. Or by that own star and I. Our moderator will unmute you. You will have up to three minutes to speak. Mayor Brooks, I do not see anybody attendees with their hands raised on this item. And I do not see any emails. Okay. I will bring this back to council for further deliberation and about. I'm Snare Story. Yeah, thank you once again, Mayor Brooks. I know that there are very few people that are actually listening in, but for those that are, you've seen this report tell us that the active number of cases are start medulla. And I think it just emphasizes the need for everyone to get vaccinated and for us to continue our vigilance. So I hope that those of you that are listening will catch us on. So all your family and friends, so that we can maybe once and for all get a control on this COVID pandemic. Thank you. Thank you. Any other comments? Someone like you, I was trying to motion. Do you have a motion? I can move that. Okay. We have a. I'll turn. Okay. First from council member Kaiser to approve the recommended action for item a a second from vice mayor story may have a roll call please. Council member Bertrand. I approve. Council member Kaiser. Thank you. Council member Peterson is absent. Vice mayor story. I mayor Brooks. Hi. I am positive on that move on to item eight D consideration or consider the capital of village that are designed. This item is there. It works. I am it's my item. I will be sharing my screen. That's okay. Right. Right. Okay. We see the screen. Okay. Capital of village project about a banner project. Excuse me. Um, previous this year's BIA proposed hanging banners along the capital of village land posts. Some of the capital of the land posts were have rods attached to them that allow for banners to be hung. The city council asked the architectural commission to review that proposal. What the architectural commission is doing is forming a subcommittee to work with the BIA on this project. The subcommittee and BIA submitted proposals to after working to the architectural commission. And earlier this month the architectural commission recommended that what we're going to see the pilot project proposal for the city council. Project is basically two sides, two different banners which I'll follow up with pictures. One will have artwork and one will have information that you know that you're in capital of village and that sort of thing. The artwork is by a single artist Evelyn Jenkins Drew. It's either going to be at this point, depending on what the council proves and what the best quality they can get as far as digital, three or four different art pieces and approximately 12 to 15 of these like posts throughout the village just so you kind of can be a scaler. Approximately 25 of these like posts that have this capability. The banners are 18 inches by 36 inches. The proposed cost of the banners will be split 50-50 between the BIA and the city. Basically the city art fund will pay for the art banners and the BIA will pay for the ones with the BIA information. The BIA will also purchase the necessary whatever necessary hardware is needed to install these. So I'm going to go through kind of the proposal. I have four different art banners but the left side as we talked about that will be the BIA side which is kind of talks about enjoying capital of village has the website. This is one of the pieces of work by Miss Drew. The next proposal kind of a very similar thing. I think one of the things the art and cultural commission like was kind of a similar art throughout the village. It wasn't as complicated as some when you have 10 or 12 different things throughout. This is a consistent pattern and it's by the same artist. And the original proposal was thought to be we have the words on one side, the art on the other. The BIA would like to be able to kind of swap those around to kind of help with the visual interest in the village. We don't think that is a major issue because there's not a lot of places in the village where it's nothing but street lamps as you'll see in one of the pictures I have. There's trees in between these lamps so it's not like it's just a straight line of the banners. This is another one. This is one where you talk about maybe they're still trying to get the right digital copy of it. It's a little different but it's from the same artist that I believe it was a Bagonia Festival poster one time. It's possible I'm wrong and maybe something on the public could correct me. And this is the last one. But they all have a similar theme, you know, the beach. And so what I try to do in the next couple of slides is give an idea of what they would look like. So this is, believe it or not, to the right scale. Those bars you see across are 18 inches and the banners would be 36 inches in this case. As we talk about, you can see that from this location you really can't see very many other light posts. So I went down the street and this would be kind of this next block. So this is, as you can see, they are switched across. The first one, the wordings on the outside and the next one, the wordings on the inside. So try to find a representation of what it would look like. So at this time, what I would recommend is to approve the capital of the village bar as recommended by the Capital Art and Cultural Commission in partnership with the Capital of the Beach and Village Improvement Association, BIA. And I am, at this point, available for any questions. Thank you, Larry. I'm the member Kaiser. Thanks. Thank you, Larry. It looks really cool. So we'll be able to have sort of each version of those banners at different points within the village. Is that sort of the idea or are we picking one? No, the idea would be either three or four of these depending on if the council has a preference or if they can get the right quality art with that. To make sure all four of them have the right quality art, it would either be three or four. And then we vary throughout the village. I do actually have kind of a first level map if you're interested. The proposal, the idea would be not to put these on the flight poles right along the beach. This would be more along Capital Lab and some on the island. I don't think they wanted to kind of obscure the view at the along the ocean. So it would be a mix of all these. That's super cool. My only concern, I guess this is more of a comment, but one looks like it's a direct replica of Zelda's patio. So I would just maybe X-A that one unless they would like stay for it or want to put their tagline on it or something. But that's just my point of view. But thank you. Larry, I have a comment about one of the banners. Could you go back to the one that shows the begonia? Just want to remind my council member that this is time for questions. We will come back for comments. I just want to add some questions right now. I do have a question. Thank you, Mary. So with the begonias, I'd just like to point attention to the objects to the left of the begonias. What do you think those are trying to figure that out? These are the two little fence posts? Yeah, I just want people to focus on that and you could identify them as fence posts. I'll make a comment about them later. I assume they're fence posts. Excuse me. I don't know. I believe they're projections on the roof that's below the hill. Okay, I just want attention focused on that. So we have two different interpretations. So I'll make my comments later. If I do it all the time, don't worry. And I'm going to do the right time story when he's in there. All right, so we're going to go to public comment and then we'll come back for comments for downfall. So public comment, if you'd like to make a comment, send an email now to publiccomment.ci.ca.us or to speak to your friends or you can dial star nine or click on star nine if you've called again. Larry, do we have any emails or anyone with their hands raised? Yes, Mayor Brooks, I have two people with their hands raised. The first is Lori Hill. Okay, let's tell them. Thank you, Council. I was the privileged Art and Cultural Commissioner to partner with the BIA in the development of this project. It is definitely a pilot project. The message here is we wanted to bring something to the Council to present professional looking work as well as something that connects the BIA's interests. And so I was delighted to be a part of it. Karen Hanna was a real person with that. Also, Jeff Betancourt from PPD, Multibedia worked really hard with us for nothing, for no compensation to develop many, many mothets. So you have something to look at. The pieces of art are historical pieces of art. They're from the Chamber of Commerce's Art & Wine posters. Yes, there's a 1993 at the Bony Festival poster in there. And in my interpretation, Jacques, those little things that you see in there are remnants of tense posts that used to be up there, you know, way back in time. And I suspect that that's problematic. It may be something that can be erased, but I like respecting the art as presented, as it was originally developed without changing it. And I also want to thank Larry for really synthesizing all the work that's gone into this. And I love that he was able to mock up what things look like on a tense post, or on a life post. So thank you very much for that Larry, because I think that really helps with the vision. Thank you, Miss Bell. Any other, there's one other person I might ask? Yes, there's one other person I might ask. Alexander Peterson. You say Alexander? Thank you. I just wanted to say I really like the art, and I think it's really beautiful, and would definitely look great downtown. And since I'm here, I figured I would give my two cents. I believe that those are one by four dog ear fence flats. Part of a fence. Having worked at a lumberyard for a long time. Thank you. Thank you for your input. Okay. I should have given some time for folks who wanted to email in, Larry. Let me check. I do not see any emails on this where it works. Comments for now? I'm going to bring this back to the council for further comments and deliberation and a vote. Council Member Bertrand. Council Member Bertrand. There we go. I shake so sorry to unmute me. Yeah, I think to meet this comment says it's probably going to seem weird, but maybe because the things have been on my mind lately, those flats, it took me a while. I knew the perspective, and it didn't sit right because I didn't see any fence like that back before my time. But my initial thought was, why do we have tombstones in the picture? And it just made me think of tombstones. That was my first, maybe it was subliminal or whatever. And that was my first thought. And then I had to think about it a little bit later. The perspective, I know where it's from, but there's no fence there, so it just struck me as strange. So that was just my thoughts. Thank you Council Member Bertrand. Any other comments from Council? No? Okay. Council Member Bertrand. Thank you. I did want to report on to the council that the Arts Commission on July 13th unanimously approved some of the banners and the work of art. And I wanted to particularly thank Ms. Drew for creating such attractive and, I think, visually-feeling representation of Capitola. And the BAA and the Arts Commission and Lawry Hill and the Working Collaborative Together to come up with some ultimate design. And I think it's, you know, the last minute change was the alternating designs from when the Arts Commission looked at it. But I don't think that that's a particular issue that may make it even more interesting. And considering whether there are fence posts or tombstones or roof projections, I think that's just part of the artist's rendition. And it's part of what creates interest and makes art interesting that people will talk about as we have what exactly those are. So I'm good with it and I'm in support of proving this project. Thank you. Thank you for sharing your story. Any other comments? Council Member Bertrand, your hand was still raised. Did you have further comments? Okay. Council Member Cousin. Thank you. So I was just curious, are we picking the ones that we're, are we approving certain ones today or is it just a motion to move forward with the banners themselves and then we'll pick the appropriate ones or... I didn't. Oh, sorry. No, no. Go for it. Thank you. Okay. I think the motion would be to approve the project and I think working, unless you had a dislike or a specific one you weren't interested in, they would move forward to see if they could get the right images of those for this to basically make them so they're large enough and can be seen large enough. If they end up with three, there would probably be only 12 of the like false posts, if they end up with doing four then there would probably be 15. It would just be depending on, you know, making sure they had the right quality of the image to post up. Unless of course there was one that the council, one or two that the council did not want and then we could move forward with that. Cool. Yeah, I guess I mean, I don't mean to beat it, of course, but I would just say moving away from anything that looks specific to a business unless they're going to participate. That's my only point. Otherwise, I love the art, I love the idea, full sense on that one. Okay. That's the number of return. Yeah, I like them all except for the tombstones and I think that poster would be, that banner would be great without those fence posts there. It may be historic but it's not, I've been around here for 30 years or something and it's not historic to me. I would have had it been around here for a long time, of course, to me, historic. So I just, it just seems to weird to me. That was my first thought when I saw it and I don't think I would be the only one who would have that thought. They'd be wondering, you know, why are those things on the banner depicting how fun it is to be here in Capitopha? It's a warmest thought I have to admit but I fell uncomfortable saying it but I decided to say it because if it was my initial thought, I don't think I would be the only one. So let's just put it out there. Thank you Council Member Bertrand. Can you click the slides again so I can see the picture? Please? Thank you. Yes, one second. This is a Council Member. Can you move to the one that Council Member Kaiser is projecting what's left? It's right there. Thank you very much. No problem. How did I see me? I think the crew did a fantastic job even though they most definitely had come a long way. Since the last one we looked at and I looked at a pirate artist and it looked very complete. I love his coloring. I love the art. I don't, I can see what Council Member Kaiser is eluding to. Larry or Bicenter, were there any other options that were like on the cusp of the group being agreeable to that could seem just like space? I don't remember other ones being presented. It was just at this point I believe it was just these four. I know Mr. does have other artwork, but I believe that these were the four that were being presented. I don't recall. I'd have to go look to see if there were any other ones, but I do not believe so. I think these were the four that were presented. So Council Members, we could entertain a motion at this time on whether to move forward with, I think we've heard from everybody on this site. Anyone who'd like to make a motion? Sure. I can make a motion for all four, if that's what everybody's interested in. That's fine with me. Council Member Kaiser, I'm going to help you just a little bit on your motion to approve the recommended action, which is to approve the Council of Village Banners as recommended by the Art and Cultural Commission in partnership with the village for the members. Thank you. Okay, so we have a first to approve the recommended action as read on our agenda this evening. Can we have a second? I'll second it. We have a first and a second from Council Member Bertrand. We have a roll call, please. Council Member Bertrand. I'm Bruce. Council Member Kaiser. Aye. Vice Mayor Story. Aye. Mayor Brooks. This item passes, and I'm going to move on to item C. This is the Parkway Program update. Can you see me? Is this your item? It is. Can you hear me okay? I can. Nice to see you. Okay, nice to see you. Good evening Mayor Brooks and Council. Oh, I'm sorry. I have a hand raised from Council Member Kaiser before it was worth. I have a hand raised from this one. As I am an employee of Heritage Beach Grill, we hope to stay in the Parkway Program and my member will be a financial complex. But good on you, and thanks for staying with us. Thank you. We'll see you when we're done with this. Thank you Council Member Kaiser. Okay, Katie, back to you. Okay, thank you Mayor Brooks and thank you City Council. I'm going to move on to Director Jasper as this is the joint effort between Planning and Public Works. I'll be bringing you an update on the proposed outdoor dining program. Some background for you in response to the pandemic back in May of 2020. The City Council authorized the creation of the temporary outdoor dining program. The program was originally set to on September 30th of 2020 and subsequently there were extensions approved first to May 31st of 2021 and then we revisited those deadlines due to the pandemic and extended it to September 7th of 2021. That's the current date in which the temporary outdoor dining is due to expire. During the process of having the outdoor dining, we did ask staff to move forward with a work program to consider a long term dining deck program. We brought that to the Council on June 24th and we received direction on key program elements. I'm going to go over the direction that was provided at the last Council meeting. In terms of an overall cast for the future outdoor dining program, the Council directed staff that bring forth about 50% of the existing outdoor dining at approximately 25 spaces. The spaces should be limited so that they're within the frontage of the businesses and to develop a method of allocating spaces to the interested businesses and I'll get to that deeper in the future slide. City Council also in regards to the Cricut design they allocated $10,000 for prototypes that can be administratively approved and they also the other direction provided was to require planning efficient approval for any custom designs of outdoor dining decks in the future. In terms of fees, the permit fees set at zero. We at this time cannot provide any construction assistance to the businesses and there would be a space rent of $3,400 per parking space per year with an annual CPI adjustment. In terms of the lease, the maximum of three years for the at the beginning of this new program. So that can be tested out and massaged as needed. And for the streets to allow outdoor dining on all the streets in the village and on the sidewalks on Long Wright Avenue and the work for the sidewalk with that began to exclude Long Way in the future. And also during that June meeting the council asked us to come back with more information on the few items and that's what we're here tonight to provide. The first item was how would the space be allocated between the different businesses. Second, we asked for clarity on coastal commission's recommendations for shared private public use. We asked for maintenance requirements to make sure they're maintained safety, program timing and then generalization. So we'll go through each of these points. In terms of how to allocate the part list with a maximum of 25 spaces we thought it would be best to take these three steps and we put together a program that would be much more well-defined but just to give you a general idea of what we're suggesting. We'd open the application across applications for a period of 45 days with a required $500 deposit per space and then after the 45 days we'd see how many businesses are interested in and how many spaces. If the total number of requests is less than 25 then we could award those spaces to the applicant. If the request exceeds 25 then we would assign either one or two spaces for each applicant and for the remaining spaces we would hold the lottery and award those depending on which businesses were picked from the lottery. The next step that we asked for additional information was that Coastal Commission recommendations for sharing private public use. Originally the Coastal Commission was asking that the dining decks when business were closed would be made available for the public to enjoy. After that June City Council meaning I don't deal with the Coastal Commission asking to provide some examples and the structure of how that would work and in response to that they said actually they do have agreements for all those on a move worth and because over time it's been a real monitoring they decided to retract that recommendation so they're no longer removed for with the program going to ask for share private public use of those dining decks. However their recommendation is to reduce the number of the space parking spaces which from this slide you can see we're reducing that from 50 to 25. They also suggested to create a temporary authorization so that they can be reviewed and make sure we maintain and see how the program is working and you've responded to that with your three year cap for the initiation of this program. And the other recommendation of the Coastal Commission was to use funds from the outdoor dining to reinvest into Coastal Access so that could take the form of putting money toward their shuttle program beautifying our beach and parks along the coast improving signs adding bicycle racks including our sidewalk and also maintaining our great parking lot behind St. Paul. So that's something we believe we could work with. Right now the city allocates over $800,000 in Coastal Access related improvements. Director Jeffberg will go over that in the next slide but within our 25 spaces that we're proposing that would bring in $85,000 in the city we were to consider allocating funds for Coastal Access our recommendation would be putting about half of that towards Coastal Access which would of course contribute to that over the $800,000. And now Jeffberg. Thank you. So the question was raised to where the $800,000 figure on the previous slide come from regarding current expenditures for Coastal Access. So this is just we put this together as an estimate and it covers everything that we do along the beach and providing facilities for visitors to the coast. So I put some of our staffing after our daily trips in there and pick up trash especially on weekends and during the summer clean building maintenance comes in mandatory services and they provide that service to the excellent restrooms hope services we hire to do litter removal and pick up during the week during the summers we have maintenance and utility costs at Esplanade Park if you think about the Lagoon Management Plan providing our beach is all part of improving the Coastal Access obviously lifeguards, the shuttles and work maintenance are also things that we spend money on to improve the Coastal Access. The last one is the parking lot and maintenance and debt service for the two parking lots behind City Hall when we rebuilt the lore a lot and relocated the noble homes there we encourage quite a bit of debt and the debt service on those that are paid from just the general hundreds about $133,000. You see an estimated $904,000 comes up pretty quickly here we use the figure $800,000 just because these are estimates so that's where that figure comes from next slide please I'd like to then talk about outdoor dining maintenance as we've seen with the existing program having a maintenance standard in the new program and being able to enforce that is a big issue there's been a lot of areas that have been neglected and or had bad plans just not picked out that kept them in an entirely manner so what we would propose is that we have a the lease agreement will include a security deposit that requires the debt to be maintained and lack of maintenance for the standards in the lease will first result in a courtesy notice and then we have enforcement with penalties compliance with the maintenance that was required up to the levels we want we would remove the the owner's expense using the security deposit for payments next slide please and I know that another big issue is safety right now we have a waterfall barricade at the beginning for a long time but the kind of standards that we're seeing now is these bollards and elevated decks whether they're concrete slabs or wood planters and other barriers that are much more chenic and have aesthetic value in place of street bollards or street barricades and construction barricades you can see this is one in the city of Santa Cruz where they in the direction the traffic goes in the three bollards there the three bollards that are lined up those are traffic radiated barriers that will stop a car they also incorporate bike racks as you can see there I think including the bike racks is a transportation and a great benefit if we're going to displace cars let's provide bike racks but I wouldn't consider them part of the KGP church here next slide please so some other pictures of barriers and options you can see the water on the right I think that's what we want to try to avoid not very scenic it works in a temporary manner but in the long term type of development we would like to see what you see on the other two pictures very scenic and nicely kept to maintain areas defined and then incorporate the bollards and other safety pictures as we can next slide please now I'm going to pass it back to Director Hurley thank you next we'll talk about winterization options as you've seen in our village the portable propane heaters have been one of the most popular options they can move around keep different sizes of groups warm there's a couple of fire pits in the village as well and another option is fixed wall mount heaters the trick with that is they need to run electricity to the site and on a more permanent basis we might figure out an aesthetically pleasing way to run electricity but there's trip hazards involved when it comes on the ground so we haven't seen many of those also with the portable propane heaters and fire pits there's enters under the fire hose that has to be maintained in terms of risk and so you're not seeing tents throughout the village when their portable propane heaters pieces those two are in conflict with each other in terms of fire risk other winterization options are retractable awnings and triangular shade sails and umbrellas we'd offer more shade not so much protection from the rain but as I stated the tents is not something we receive coming forward as part of the prototype design due to that fire safety when we're trying to stay warm I wanted to provide you with an example of what prototype designs could look like so those guys had a great program and there were five restaurants that got together and actually funded prototype designs Pizza My Heart was one of them one of them was also in our village so they came up with several prototype designs I'm showing three of them this evening and just wanted to show there were questions about can we add some varieties within these designs and the sign you're seeing here you can see there are different shade options one being umbrellas on the top fabric sail shades on the bottom and then also a retractable fabric shade in the middle you'll also notice that there's different finishes on the exterior between the fencing materials the different types of planters that are proposed and even the improvements along the ground whether it's a wood deck or cement those are things we'll be looking at and see what's best for the city of Capuchola and storm water is always a concern for our team village making sure we design that correctly that's an example of the three of us prototypes and I also wanted to go over program timing so as I mentioned earlier our COVID-19 temporary permit they're set to expire on September 7 once they expire all the temporary dining improvements will be removed from the village in the meantime we're currently working on a new ordinance we expect the city to adopt an ordinance by the end of September and then we'll go through the process of submitting to the coastal commission and having that certified and we anticipate that in early 2022 most likely by January 2022 we will have a certified program the coastal commission has been very forthcoming on their providing recommendations and what would work for them it seems like our program is in its alignment with their applicants and that would launch in February 2022 and one more topic for tonight is the temporary permit and request possibility of extending the program so we're due to expire on September 7 and we plan that purposefully anticipating the art and wine festival on September 11 and 12 in talking with Terri Arnaud of the Chamber of Commerce she looked over the site layout for the village at least to be able to see this evening but because they scale back the festival of fewer artists and food vendors they are in support of allowing existing outdoor dining throughout the village to continue through the festival and so with that we can consider tonight extending outdoor dining through September 13 there's been a lot of issues with employment and being able to provide services due to the pandemic and something with the chamber is not being able to rent enough tables or any tables for food bending and they're also only bringing in free food trucks this year so the amount of food will be much more limited and so trying to support our local businesses and allow them to provide more dining is why the Chamber of Commerce is asking for the to have a little benefit both the local businesses as well as the chamber staff recommendation tonight is to receive our report and direct staff to extend the COVID-19 temporary outdoor dining through September 13 and that concludes my presentation and then with the general election. Thank you Katie. I do have a quick question for you have any of the other businesses reached out to even further the September 15 extension? I've seen some of them shudders for outdoor dining but I'm sure that there's been a request to extend it even further past the deadline and if you could also offer a reminder of why we set the September of our cut-off date from the beginning that would be helpful for me. Okay. So we chose the September date to accommodate the Art & Wine Festival and make sure that we clear out the streets before the Art & Wine Festival and so now we're asking to extend it beyond the Art & Wine Festival because it would be an asset to the festival and provide additional seating for guests. In terms of have I received any request from any of the businesses I do tend to speak with a lot of the businesses throughout the village regularly and I would say there's definitely interest in long-term programs that occur and mix the feedback I think some of the restaurants along the Heslinon are ready to fold they were ready a couple of them I mentioned they were ready to remove it before the Art & Wine Festival they were prepared to do so and since they haven't there was more interest for possibly continuing it further there but nothing official has been given to me and then also English ills have also expressed wanting to keep their I'm going to jump in there was two other reasons but we also set the deadline in September one is that the underdining was authorized to the emergency orders the state of emergency that the city is in and you may remember that we were a little concerned about going out at the end of the year beyond when maybe the state of California's emergency orders were going to expire and then secondarily the coastal commission was also relying on those same emergency orders to make it out with Art & Wine because it was sounding originally like it was going to conflict with Art & Wine I had also cognizant of the fact that the emergency authorization there would not really be there not coming at the end of September obviously that could change moving forward but I think that was sort of the background of the date that we had before just a member of the chat okay thank you you have a couple of questions so I was interested in the 800,000 depending on that the cost for the war maintenance is that normal maintenance or you factoring in what we do periodically to like a time average to fix the pylons and stuff member Perkin no I did not factor in the capital cost we spent on the work to be honest a quick grab of our annual expenditures on the war for utilities and maintenance costs so I think I like the presentation which should definitely remind everyone how much we spent to maintain the village and keep it attracted to the visitors one other issue that I'm interested in I'm talking to you Katie about this is the bike spots so for bike parking I'm just trying to get an idea what's the coastal commission think about that and my help in terms of public access I'm just trying to get a sense of what the thought process is I totally agree with the idea of not having to take cars down here instead of bringing your bike I think it's a great idea so what are they telling you so that is one of their recommended mitigation measures is to include bicycle parking within the dining deck area like you saw in the last example so I think we have to figure out how that would work within our village and the village design at a minimum it could be right on the parking space next to the dining deck that's just on the load design as you know we received a letter from members of the public that we all know so I think his concern was the placement of the bike rack because it would be hazards of cars pulling in and out and maybe being damaged so I'm sure you're thinking about things like that because you haven't even come up with your design yet but thank you thank you members I have great questions one concerning the coastal commission and their expectation that we provide greater coastal access I'm kind of unclear about what they're going to require since this is to replace some money this is the rental for the park foot it's not new money that we can just direct to a restricted park foot but are they asking that we these funds are the funds in this amount be restricted or also access so aren't they going to be expecting more than that so the coastal commission is asking that when we put together a program that a portion of the funds that are taken in for rent be be restricted towards coastal inclusion but we could utilize it now that we you know currently with the number of $800,000, $900,000 we could show that we're already spending that it doesn't have to go beyond that it's the those funds $45,000 that we'll be taking in will go towards those improvements that we're already spending on so they're not asking for it in addition to so they just want to be restricted or label it something else alright and then spend it on our destruction okay Steve I was wondering to also ask about the concrete slab that are a similar part of one of the prototype designs are since these are potentially temporary is that going to be problematic if they need to be removed and we also got some input that those concrete slabs in the streets would impede drainage and so what's your view on that so first on the drainage similar to the wooden decks they are forward so that they're don't go up to the curfew or the age to COVID staff between the curfew and the concrete slab itself that allows the water to continue to flow along the curb line where we're normally so the water coming out the streets will flow underneath and flow around the edges of the concrete slab so I think there are provisions for storm water with that so far as being able to remove them my take on them is that they are forward on top of the streets there's a barrier a cloth barrier most likely or a plastic barrier that's between the streets and the concrete slab when it comes time to remove it it's not going to be removed in one piece it'll be removed and probably demolished as part of the removal but that can be done without damaging the streets which is really what we're after it's also possible to fill them in sections so that if there is a need to get under the road at a certain point we can do that too and get them moved up so in some regards they're pretty equal to the wood deck and probably provide a longer lasting surface depending on how long the turn is placed thank you and now going to the art and wine and the chamber asking that that the parklets on the San Jose and as I understand it on the Esplanade be removed for the art and wine festival I guess a couple questions are one are the businesses on the Esplanade are they aware that the parklets are probably would be removed I know that the business on San Jose is aware as we've heard from them but speaking of that I wonder why these two locations and particularly on San Jose were they asking the same thing? So by same story I think this will be a great question for Kerry when we open the public hearing but I can give you some of the history of this at first the chamber was still actively taking applications from artists when we went through the village set up in preparation for the city council and making determinations of where they would need outdoor dining removed through the process of hearing from the restaurant the chamber has modified their decision and no longer is requesting that the restaurants be removed that the outdoor dining be removed but I think this will be better answered during the public comment period by the chamber directly but it has been an evolving process of looking at their site layout and originally it was for fire and circulation purposes but I think they've been able to modify their layout and they've taken out at least 22 booths they've removed from past years to accommodate all of the outdoor dining in the same place But just to be 100% clear when the staff report went out it was consistent with what the chamber was requesting at the time was that the outdoor dining from all of the Esplanade in San Jose subsequent to the staff report coming out the chamber is now saying everything that they should stay staff has changed our recommendations to sync it up with the chamber of commerce so the request in front of you this evening is to keep the outdoor dining where it exists today leave it on sale today as we've heard from the public okay yeah thank you any other questions before we move on to public comment okay seeing none we'll now open this to public comment for this item if you'd like to make a comment send an email now to public comment at ci.capitola.ca.us or to speak to Fraser now by putting on reactions then clicking a great hand near zoom application or by dialing star 9 on your landline or mobile phone if you called in today a moderator will unmute you and you'll have up to 3 minutes to speak thank you Chloe for turning on the timer or getting it ready no problem so Mayor Brooks I have the few people to speak first person and I apologize why I pronounced wrong but Darmish Patel yes can hear person here yes Darmish Patel one of the owners of the capital hotel wanted to just remind council that when we started this process of putting in outdoor dining that we were asked obviously being probably the most effective business operationally by losing all the parking across my hotel because that's where our customers park we were sent a parking permit to get to park in exactly those locations that were taken out we were allowed to move those permits to get park anywhere in the village but again from an operational and from a temporary basis that was fine if this becomes something more permanent it does become an operational issue because of convenience safety, ability to unload, load for the hotel get the parking across from the hotel itself was what key we obviously wanted to get to the business within the village and support the restaurants and we did if this becomes a permanent it's going to be longer term we need to be involved in this process because we will still be a very effective business by this because we have to be able to provide some sort of parking for the loading zone for our hotel guests guests are a 12% DOP which is an important thing to our budget as well as they're in the village they're staying there, they're eating there they're shopping at the shop they're an important part of our economy in the village I just want to make sure that the council remembers that as well as we haven't been contacted for any input in this process yet somebody will reach out to us and make sure that we are allowed to have input in this process we want to encourage the three spots that are the only three meter spots that are between Stockton and San Diego are right in front of our hotel when we started this process there were discussions that maybe we would create a dedicated hotel loading zone like they have in almost any village setting for hotels one spot because the loading zone that does exist is just one of us and it's pretty much used by the restaurants for delivery so never available for hotel guests if a hotel guest does parking one of them one person has to stay in a car otherwise they will be ticketed that's not feasible if you have a guest coming in by themselves who needs to check in our thought would be to have a dedicated loading zone in front of our hotel and we are happy to leave the other two spots there in front of our hotel so at least we have some sort of dedicated parking for the hotel and yeah hopefully that is something that would be considered and talked about amongst yourselves and the public, thank you Mayor Brooks, we have Carrie Arnel this is my first time speaking to the council so this is kind of exciting for me the Capitalist Hotel Chamber we'd like to retract our previous request that the outdoor dining parklets be removed prior to the Capital Art and Wine Festival in the last week we have revisited the festival layout and have a respect for our village businesses still utilizing the parklets we have eliminated approximately 25 booth spaces that are currently in place we support the existing outdoor dining parklets and ask for your consideration to extend the outdoor dining through the festival thank you Mayor Brooks, we have Josh Fisher Hello friends, first of all thank you very much to the public and to City Council and to the planning department for helping us get this off the ground and essentially helping save people's lives down here we would also like you to consider leaving Capital Learning Bile in my own business, let's go to the office first on Saturday evening we look for the parklets to continue till the end of the year preferably however happy if they would continue through the outdoor dining festival as I think it would help the festival just like I said having succeeding and helping with food so far so good I think the permanent idea could be really good too and we're definitely interested I can't speak for everyone but I am assuming that the cruise as in the wine bar also would like to continue and we do appreciate everybody helping us out, I've got track permits and other things like that so we are in support that's what I'm trying to say thank you very much thank you thank you for public comment Mayor Brooks I do not see any emails on this item and I do not see any other attendees wishing to speak okay great alright so I'll bring this back to the council for further comments and a vote and this is just a reminder we've already voted on this item back in June for just the outline are just observing, excuse me, we're just receiving the report on additional details that we requested at the last meeting to come forward today and to just extend the COVID temporary permits allowing for outdoor dining in those areas to after the art in line. So that is the recommended action. Any other comments from Council or would someone like to add their opinion on this? Right there, started. Yeah, I just wanted to thank everyone for giving their input. I especially want to thank the Chamber for retracting their request to incorporate all the businesses into the art in line festival and having all the parklets be able to continue. I will say I have a kind of an inkling that we may end up needing to extend this even further into the fall. And so I don't think any of us think that that's necessarily going to be the end of the temporary parklets. But that's for a later day. I would just also like to follow up with Mr. McCall's request as the staff to make sure that the septal hotel is involved in the parklets design configurations and see if we could fit in any of the dedicated buildings for that particular business. And with that, I'd like to let move the staff recommendation. Okay, we have a first to approve item C, the Parklet Program Update and that's recommended action for the second. Okay, I'm going to go ahead and second just for verbal. I saw your staff member, Chan, but I just for sake of they can hear me. I'll go ahead and second that just in case our city attorney gets more than an actual verbal. So we have a first and a second. May I have a roll call please? Council Member Bertrand. Hi, please. Thank you. Vice Mayor Story. Hi. And Mayor Brooks. Hi, okay, this item passes. Thank you, Council. Thank you staff for all your hard work on this. I'm excited to see what comes, what it becomes. Okay, item D, authorize the advertisement of construction bits for the work of the Public Rehabilitation Program, Davis One, Mr. Dexter, to the item. Mayor and Council, I'm going to share my screen here. As soon as you can now see this, so I will continue. The item before you tonight is a War Free Rehabilitation Project, phase one. Kind of a project that has many names, so this is one I'm going to stick with at this point. Some background on the item. It may be a council provided direction to the public works department to proceed with a private repair project. In that meeting we kind of talked about the funding and schedule for the project, both the larger project, the work stabilization and the zoning team project, and that that's not going to build a good construction until probably next spring. So we have a direction to move forward with retiring some pylings that are in need of repair heading into this winter. The project, the project for repair is steel pylings at the end of the war. And it's recommended this time we've been watching these files for quite a while. We had anticipated the larger project would be going forward now or earlier than now that due to permitting and funding issues, we have not been able to get it off and down yet, but we can't get the smaller project off the ground. And we'll also include repair of a structure underneath a restaurant, which necessarily where we lost two pylings. The structure's not compromised now, but it doesn't need to be reinforced in that area. So, Sarah Kitcher, I showed you last time, same one, and you see the steel piles at the end where they have corroded out. It's still structurally sound, but the amount of corrosion there is back to the point where we feel it is necessary to repair them at this time. So looking into schedule and funding, the plan specification estimate for the project has been completed and the project is ready to authorize. It's ready to advertise. We will hold a bid opening on August 25th. We will return to the council on September 9th. It will award a contract if it comes in higher than our estimate. And construction, I'm anticipating would be starting in November, 2021. We will try and expedite that as quickly as we can. There's some material that will need to be fabricated and then toured with this. So, and by the time we get all the contracts signed, I think November is a good target date for this. The estimate cost of construction is $400,000 to $2,500. Funding with the primarily to the state grant, we have for the larger work project with the talks with the state and they are more than willing to pay for the construction elements of this project, since it's included in the larger project. Measure app funding is being utilized. I think we paid for the engineering that's gone to date up to this. We may be able to recruit some of that from the state grant also, let it include that in the funding source for this project. So you can see there's definitely enough money to move forward with this project. Recommendation tonight is to approve the plan specification and estimate for the construction of the work for your application project phase one and it authorized public works to advertise through bid. That includes my report and you have to answer any questions. So Mr. Desberg, thanks for your story. Yeah, thank you again, Mayor Brooks. And thank you, Steve. I wanted to ask about backfill and the sleeves with slurry. Somehow I got into my head that it would be reinforced honestly. But slurry, is that going to be have the strength of an integrity hold up for the duration that we've spent? Yeah, because they have an outer sleeve that is either going to be fiberglass or high-quality polyethylene plastic that is corrosion resistant and wear resistant. The concrete, these files are in compression as opposed to tension. And so the concrete is very good at resisting that and structurally, they're sufficient. That's the method we did reuse to repair under the hoist here that failed in 2020 when it was also filed under that and it was a major following. We used the same repair method for that and those were just backfilled with concrete. So steel is not required because of the outer casing that we're putting in. So most of the resilience is actually in the sleeve changing. Well, it's definitely a combination because they are in compression like I was saying. It's not, we're pulling on them or just loading them up, I guess. Okay. My next question, Steve, was I know you said you hope to start about November 2021. Will you be able to finish by what date or by the winter? Yeah, I mean, I wish I was two months earlier and getting to see that is that we're not, this was, they will be able to continue and work. Obviously they won't be able to work during storm events or anything like that. That's those were our current construction. Typically our larger storms are in January or February and we should be completed by then. I think it's a four to six week window to complete the project. And we'll do, we'll work with the contractor to make sure we get it done. Good, thank you. Council Member Richan. Thank you very much. Yeah, I was gonna have to ask you a question because Steve, you and I talked earlier so I didn't have anything. But you mentioned, I looked at these pictures of the piling, they just looked horrible. And then you just recently mentioned that they're still structurally stowed. Can you help me understand that? They look like miserable, like they're suffering. And so they are supporting the load, structurally they are capable. There's enough steel there and like I've been saying, they're in compression. They are supporting the loads that are putting along my mind right now. The problem we face is that they're good. At this point, they potentially could fail. They engineer something, so they think there sounds that they agree that it's time to repair them. They've had bolts in them for several years now. And what I mean by this structurally found is they're holding up the work, they're quite capable in their current position of holding up the work. Okay, you brought up my other question was the lateral assault. Because traditionally during storms, we've had logs banging against the appears and that's a lateral assault. Right. And most of the corrosion is just near the top as you can see inside of the pictures where you're not gonna get too much of the log teaser or much lower. But in time to return, I'm not gonna kind of over speak on their condition. So I want to thank you for pushing this along. This is really important that we get this done. And so I appreciate your diligence in this regard. Thank you. For this item, if you'd like to make a comment, send an email now to publiccommon.ci.capitola.us Or to speak, please raise your hand now by clicking on reaction, then clicking raise hand in your Zoom application. Or if you've called in today, you can dial star nine. Our moderator will unmute you and you will have three minutes to speak of this item. Mayor Brooks, I do not see any attendees asking to speak on this item and I don't have any emails on this item. Okay, so we'll bring this back to the council for further comments and feedback. I'd like to move staff recommendation that's written in the staff report. Okay. One second. I'll first from Vice Mayor Sturian a second from Council Member Bertrand, and we'll roll a follow-up. Council Member Bertrand. I agree. Council Member Kaiser. Vice Mayor Story. Aye. Mayor Brooks. This item passes, we'll now move on to item 8D. This is a library lease ordinance, the first reading. Whose item is this? Mayor Brooks, this is my item. Give me a second here, I will share my screen. First reading. So this item before this evening is a library lease ordinance, first reading. It's a little bit of an odd item, so I will spend some time kind of explaining what we're doing this evening. But first, the background. In 2004, the city entered an agreement to contract with the county that required the city to build the library, and then required us to lease it to Delot County for 99 years. In exchange for that, the county is going to assume all responsibility to maintain the library, and also to make sure that the library staff at the same level service hours as the Actos Bridge. So interestingly enough, government code 3780 authorizes city lease enterances that are longer than 50 years, and up to 99 years, provided that the city has authorized the lease by ordinance, they also have publicly advertised the opportunity, kind of opportunity to bid on property's lease. Then the city council has to offer the lease offer, authorized as the better law for the city to be great at economic return. Now clearly this code was written around context imagining commercial leases, and in fact, in another section of code, in the civil code, there's an exemption for leases for parks, but we were unable to locate any sort of exemption for this for a public building like a library. So around the part of it, the city basically has just worked towards compliance with it. So what we've done is we issued the public notice by event. We received one day from the county that was consistent with the terms of the 2004 contract, where they said that they agreed to staff the library and maintain the building for 99 years. And then we've also worked to prepare a draft lease that is attached to this ordinance at this point. It's not the final lease, we start to finalize that with all the different parties that is included as well. So I hope that makes a little sense about what we're doing this evening. This is really sort of setting the stage so we can ultimately approve the 99 year lease and an upcoming lease. The draft lease, which includes some key terms at this point, these are the key terms I don't seem really changing at this point as we move forward. There are probably some legal language that will be revised, but I think these are the larger policy questions. And the key things are that the county is assuming all maintenance and assures the office, the hours of staffing levels of the Actos branch. The county is already doing this in fact, as we took the property off the city's property, property insurance rolls this year. And the county picked it up and it's now insuring the building moving forward. The city may step in and complete maintenance if an emergency or if we notify the county or their lease subtly sees the library JPA and the facility isn't being properly maintained. And the lease calls for us to be reimbursed in that situation. This lease also allows the city to use the property to secure debt. Often when cities borrow money, we have to basically, it's not really collateral, but it's sort of like collateral that the city's have to identify a piece of property that is tied to debt. And we actually don't have very many pieces of property that qualify for that. So this is actually a valuable thing for the city for sure. And the lease doesn't cover the top lot. The top lot has always been kind of a city park and so we will continue to maintain it. It wasn't part of the original agreement that they would maintain playgrounds adjacent to the library. The question came up about the city's rights to use the facility moving forward. And so this is actually a topic that's a topic of discussion at the library board. All the cities, we all have the same kind of questions about our facilities and how we get access to them. And so recently policy 315 was updated and includes specific provisions that allow library partners. It was aggressively added this term library partners so that cities can enter agreements with the JPA. It's authorized to this policy and then gain after hours access to the facility. The policy also outlines that the government, other government agencies have a priority to access the facility and outlines how other people can reserve and utilize the spaces. The policy is being actively used. In fact, I just talked to the interim library director today and they're looking at potential revisions to this policy coming up to take me to the library advisory commission shortly that would actually make the stunning rooms available a day on basis because they found that the study rooms were often used by youth and individuals and didn't make sense to be able to sort of reserve it far out into the future. So I just wanted to provide that information because I know that my question could come off this as you know, we just built this building, we don't know, we're handing it over to somebody else which was kind of the deal when we got into this with the county. So with that, our recommendation this evening is two parts. One is that in terms of the bid, it was received from Santa Cruz County to lease the property at 2005 and work growth which is the library and operate and maintain capital library with a repayment of $1 a year offers the greatest economic return to the city. And then second is approved the first reading and weight reading of tax as opposed to unaccompanied ordinance allowing the city to enter into the lease with a term in excess of 55 years and authorizing the lease to Santa Cruz County from the capital library without unavailable questions. Right, that was the fastest-reaching recommendation I've ever heard. Everyone's face was over the side so I actually couldn't read it so I would kind of try to read it. Okay, we're gonna go to questions for council members, council member for chair. Yeah, I did have a question about public views and of course, Nikki said we already talked about trying to work with city, excuse me, library staff for children's programs so I think he nailed it. This policy 315 does that and I'm glad you were part of that discussion as far as the governing board. So I have two questions then, not three. So I'd like to know how the governing board works in terms of policy issues that we may feel need to be addressed that effect the city has taught and that might be great for the public to hear. Maybe other members of this board know that but I don't. And the other thing is, is the DAC considered part of the library or is that considered part of the park? In terms of maintenance. All right, I'll take your questions in reverse order. So the DAC is part of the library so it's included in the overall library maintenance so it would not be a city responsibility to maintain. The second question is, how does the library work? How does the library board make policy decisions? So about five years ago, the library board shifted from to one that was comprised of some city council members and some members of the public to being a city manager. So the library board is comprised of myself, my peers, the other cities as well as the county chief administrative officer. And so we are called upon to ultimately make the final decisions. We've been leaning very hard on the library advisory commission. We were called, we made an appointment to the library advisory commission. We recently appointed formal council member, Michael Termini to the library advisory commission. So they review all the library policies and budget as well and then make a recommendation to the board. And in general, I found that the library advisory commission's recommendations have almost always been approved without change or if the changes often we would make a comment and send it back and then able to tweak the recommendation. So that's how the library board today makes policy decisions. So thank you. So if we had any concerns as to city council, we would go through you. Absolutely. And there are times the past, thankfully you haven't really experienced that recently where libraries have had to make very difficult decisions about service hours and potentially closing ranches. In situations like that, I would be putting an item on the council's agenda and update the council and also seek feedback on how the city of capital is going to participate on the library board. Yeah, I was going to follow up question is by Magner. So you're very ours. And in the agreement, we're sort of tied to the Actos branch. Can you talk a little bit about that? We're going to be quite bigger than, we are quite bigger than them and they'll be closed pretty soon because of renovations. Why are we tied to the Actos branch? So I'm one of the part of the negotiations in 2004, but I can tell you a couple of things in fact. So it was tied in 2004 in the contract that the city adopted with the county. My assumption is that at that point, the Actos branch was open and functional in the nearest branch to Capitola. Keep in mind that this branch is closing and it's going to be increasing its size and so it will be relatively similar size to Capitola branch when all is said and done. And interestingly enough, if I remember correctly, the Capitola branch is tied to the Actos branch and then the Scotts Valley branch is tied to the Live Oak and the Actos branch. So I think through various contracts, Scotts Valley, Capitola, Live Oak and Actos are actually all kind of intertwined in terms of various agreements about ours. So I'm curious that the city is not part of each of them, but I think that all of them are sort of intended to be operated as kind of not made, but regional libraries and consistent staffing and patterns. Thank you. Can I start? Thank you. Jamie, I was wondering if we have identified our least administrative in section 18.13? Yeah, that is still blank. I believe that that would be the city manager potentially as we made public works for our term. I hope that we can get that out of there. Okay. And my other question is usually in leases, I'm used to seeing for better and part of your attorney's things, but there's not one in this week. And I was just wondering why, maybe that's the question for our city attorney. I think that's exactly right. Zoom? I think I have a great answer to that. I don't really have a great answer to that. There, I'm not, I don't see them in all leases. I see them in some, but not all. It's often hard to recover attorney's fees from a public agency. So because it leads to public agencies, and it could be unlikely that even if there is an attorney's fee provision that it just has been included, is there less commonly included in leases between two public agencies, and even between a public agency and a private party? It doesn't necessarily serve the public agency to include them. So there may be less common out than they used to be. Okay, well, I mean, I'm just, you know, the County Sanctuary, that's an all-in-county council, you know, fully funded all the time. So we take it into this here without an attorney's fee as far as if they believe it would be a disadvantage. But I'll leave that up to your guys to figure out the rest, of course, for the benefit of this city. Thank you. Okay, I have a question. Okay, so we'll go ahead and move this to open public comments. If you'd like to make a comment, send an email now to publiccomments.ci.capital.ca.us. Or to speak, please raise your hand now by clicking on Reactions, then clicking Raise Hands in your Zoom application, or by then starting on your phone. Our moderator will unmute you and you'll have about three minutes to speak. Larry? Mayor Brooks, I do not see any attendees wishing, or with their hands raised on this item, and I do not see any emails on the side. We'll go ahead and pass the council for further comment and a vote. Vice-Carrie, your hand is raised. I didn't intend it to be raised, but since it was raised, I just want to make a comment that this is a wonderful milestone along the path of a great project, one for the public. I really appreciate everyone who's worked so hard in giving us to this point. And with that, I'll move the snap recommendations one and two, as stated in the snap people. Thank you. All right, Mayor Brooks, can you tell us a little bit about your chance? Y'all make the second vote. I'd like to make a comment which I forgot to make earlier, if I may. Yeah, so I think Jamie, I brought up before my concern about public use of the parking lot with the library and adjacent businesses that have used that. And you told me that you're working on this and that, I don't know if Sam or attorney could have some comments on that because I think we do have some options in terms of the reality that there is issues in that regard. So I'll turn it over to you for a real quick second Sam, right? I think the issue is that the public or people who aren't aware is that for a long time that parking lot was overbuilt and it's been used by the adjacent businesses and other folks to store cars. And so we're definitely concerned about it now that it's small and the library's gonna be used so heavily and what our options might be moving forward to make sure that that lot is properly regulated. And Sam, I know we talked. I'll turn it over to you on what our options are, please. Well, it took me a little bit of a trend. Jamie and I did talk about this question earlier today and I think the public works director would be able to enforce any current parking regulations. I don't think that the lease needs to address this issue. Yeah, no, I don't think the lease needs to be, I'm learning about leases between private, I'm assuming public entities, I have to admit. But I just want the public to know that we are addressing this and you brought up Steve. I don't know if he has a comment about this, but we do have the leverage to do this legally. That's my main concern. So if I may, I'll just add that we do have four signs that exist in a lot that are clearly stated that the parking is for a library lease only and it does reference the appropriate code section and municipal codes so that it's enforceable by the police department. So we have taken that steps and I've worked with library staff, they shared the concerns of the nearby businesses utilizing this parking lot like they've used in the past. And so far, so good, we haven't had that issue, but if they do develop myself and the police department will work on the enforcement of that of the signs that are up. Thank you very much. And with that, I'd like to make a second on the motion. Okay, we have a first and a second to address item C, C, number one and number two of that recommendation. May I have a roll call, please? Council member Bertrand. I approve. Council member Kaiser. Vice mayor Story. Aye. Mayor Brooks. Aye. This is item 10, so we're now going to move to item 8, as considered male fiddle for fiscal year 2021-22. Yes, mayor Brooks, I'll be presenting, so just give me one moment, please. See me, no, you can hear me, here I am. Okay. And are you seeing the notes or the presentation? We see the presentation, that's a great quote. Okay, great, thank you very much. Okay, so this is just gonna be a quick presentation. Thank you, mayor Brooks and council, to go over the recommended updates to our bail schedule for 2021. So we'll get started, you know, what is the bail schedule, just the basics here. This is our official list of the fines associated with any violations locally, so that would be violations of the Capitola's municipal code. And as our code grows and changes, and as council adopts ordinances, our bail schedule should reflect those changes. And just a note that the base bail amounts listed don't necessarily reflect the entire fine that a violator will end up paying because there's many fines and fees added by the county court system. So our base bail is really what's intended to come back to the city from that total. So here's just an example that's already reflected in our current bail schedule. For example, we have the section of code 9.28010, vehicle operations, basically stating that you shouldn't drive your car on the beach unless you're allowed to, like you're an emergency vehicle, et cetera. So reflected in our code, you see here, we have our code section, the violation description, no vehicles on the beach, and then the base bail amount, if one were to drive on the beach, there would be a base bail of $100. So you have your code, and then the bail, they're kind of like a couple in that way. So this year, our additions are regarding the recently adopted ordinance 1031, which updated the code section about tobacco retailer licenses. So we have our specific section listed here, 5.38020, and the violation description is tobacco retailer licenses required. So there's the base bail for that. And then also the selling of flavored tobacco being prohibited. So we have the base bail for those two violations. And really there's just one more specific change about ordinance 1037, which updated a different code section, section 12.64, the sidewalk vending program. In that case, the violation would be basically vending without a permit as permits are now required. And the base bail for that is split. You'll see there's a first offense and a second offense. So kind of like an escalating situation starting at $50 and then going up to 100. And I just wanted to mention, you'll notice in the packet there, the exhibit to the resolution is the full bail schedule. There were a few changes, just reflecting the recent adoption of chapter 17 zoning. Some of the numbering had to be changed so that the correct violations and code numbers are all together and that they line up correctly. So there's just some kind of administrative changes there. So I'm available for any questions, but really the action tonight before you would be to adopt the proposed resolution in the packet, which repeals resolution number 4149, which is the past bail schedule, and adopts the new bail schedule. Any questions from city council members, council members or staff? Can I ask questions, not only about the three that are being proposed, but there's other fines. I just have some questions about two other fines. I think it would be appropriate to ask those questions. Is this on the agenda? Okay, great. So Chloe, how was the amount of $100 set for selling a flavor to backcodes? How was that amount arrived in? Basically, we propose an amount and it kind of goes between our office, the police department, and then the city manager, and also by doing analysis of other local jurisdictions and similar violations that are already in our bail schedule to kind of keep things all on the same track. So that's how that was determined and really how all of the fees are determined or the bail base bail are determined. Oh, okay, so that answers my question. I'll reserve a comment for later. I had a question about the Canada's processing and cultivation prohibited. Okay. Yeah, I thought I could grow cannabis. Does that apply here or is this for like a company doing cultivation? I thought I was allowed under California State proposition that was passed by the public to grow six or eight plants. I have no clue, but I thought that was allowed. You're correct, it is. This is a little bit of a violation. That violation has been a bail schedule you cited which is growing outside of the guidelines in the State of California. Okay, thank you very much. This is sort of tongue in cheek, but this is for city attorney. I thought first of all, amendment or the right to express yourself allowed you to go to the beach for instance, new. So we have a fine for that. I'm not up on first amendment in terms of expressing yourself, but I thought that was something that is allowed. I didn't mean to cut my video there. I was trying to unmute myself. The, it can still be regulated. I will admit, I'm not quite sure how to respond to that. Just that it is not regulated and so it's fine. If my guess is it's on the stretch of beach where it is regulated, that would be the fine for the violation. Okay, so I know there's certain places I know I could go to if I wanted to be on the beach and just other places that obviously are family-oriented in the two genomics. Okay, well, thank you. I love your question, those are perfect. I mean, I'm looking through all these finds and I mean, you know, you can make comments about all of them, but it's a... That's great. Okay. Now the questions, we'll go to public comment. You'd like to make a comment, send a email now to publiccomment.ci.capitola.ca.us. What do you think? Please raise your hand now by clicking on reactions and clicking the raise hand in your Zoom application or by that star nine on your phone. Our moderator will unmute you and you'll have three minutes. Mayor Brooks, I do not see any attendees asking to speak on this item and I do not have an email message on the side. I'm going to open this back to Council for further comments and a vote. Council member Berger. Yeah, my comment about the fine for selling flavored tobacco, I remember when we passed the ordinance on that and there was a lot of emails thanking us for taking that stance and I know in general, many communities feel this way because it's such a, you know, at least kids into smoking tobacco but you know, I think that's the issue. So the reason why I asked about $100 is I do think it should be larger and you know, this is when, you know, you could stop something from happening at an early stage for a kid that could affect their health and life for the rest of the years that they live on this planet. So I would like to have some discussion about whether we think $100 is enough. You know, if a merchant is selling this tobacco, they all know what it's doing. You know, as an adult, you know, you've made that choice that a kid, you know, there's a lot of peer pressure, they have no idea what the health issues are and heck, it tastes good, it doesn't bother me. How does it consider that if I like the taste and feeling, you know, fine about it. So it's a lot of things, you know, for youth that are just not informed about these issues. So I would like the discussion a bit more about that if people feel this is sufficient. I kind of like it, maybe $300 or something. I mean, I don't want our public merchants even thinking about selling this to youth. You know, if I may come from over the hand, when we pass this ordinance, I ask a similar question. I think there were some, I know. You're very concerned about it. And the response, and I know our chief was there when we asked the question to public how, when I brought it up. And they, I was surprised that they agreed not to raise it because it was a cost, and Jamie, I see you, turn your camera, it was a cost that everyone was following throughout the county. So this was an ordinance that was passed while that each city throughout the county was adopting at the time. It seems to just kind of be the standard flow that everyone, if it was agreeable that this would be the rate. If we're following the standard, this would just be the standard rate or the standard bail rate. So they didn't see, we didn't get much perspective from public health with that or who they weren't interested in having us change it nor they see it effective. We're doing a lot of proactive work with certain, with Andy Galli and doing other background work that I think would be more effective. Talk to them about it too. May I make a comment? Yeah, I'd like to know how much of a problem it is. I don't like solutions for a problem that's not there. And I remember you're concerned about this and I didn't comment too much about it because you covered it earlier and I felt that was sufficient. But when we got all the emails from the public that they were just so glad that we jumped in there. I think it's a lot more pervasive than the issue. It's just got a lot of public response. So I'd like to know from the chief how much of an issue this really is. And if it is an issue that it feels is out there then public commercial ventures of playing with cigarettes are not really taking a long. They're not paying attention to a long. Maybe we should have a higher fund. Chief, just before you chime in, I think it would be really great to hear about sort of the level of compliance that we see. Right. But I was just gonna remind everybody that with the tobacco retail license, violations of the code also can result in suspension of your retail license and even relocation of the retail license. So the fine is did one small piece of the overall puzzle in the enforcement strategy. And with that chief, I'd like to welcome your influence and hear about the level of compliance that you see in the community. Thank you. Thank you for the question, members. Thank you for the opportunity to share some specifics. But Shaya DeGolson is right. The escalating penalties related to the license is really the deterrent. For the purposes of what Councilman Bertrand is talking about violations of this ordinance. And then from our Berkshire exactly right, the early conversation with the county group that was kind of driving each of the cities, I'm driving, but supporting each of the cities and going forward with these ordinances that our city, thankfully, was supported. There was a significant effort that has some consistency region like county-wide with regards to fine structure. So that's why we started with the $100 fine for violation. To answer your other question, currently, we have a high level of compliance with our retailers with regard to this concern of these types of violations. Now, our hope is that we continue with that high level of compliance. And I think the grant money that we have in place are going to give us the opportunity to ensure that we are upholding the abridged law of the county. Sustaining the high level of compliance, all that we grow up protecting our youth. And so we're very pleased with where it is right now. Early on, I guess it was about a year and a half ago that then Councilor Brooks made the request to agendize this item. And we're doing really well, but we need the support of three sources, grant funding and things that have in place now to ensure that we have that level of compliance. Thanks for the question. Mayor, if I may follow up, how do we know that there's a high level of compliance? And how do we determine that? Yes, we, well, two-fold. We monitor these number of complaints. And I don't know that that number is zero, but it's probably pretty close to zero. And then we proactively do inspections of the over-inspection, which are the most productive. That's where the uniform officer will visit these. Back then, I think it was 16 or so of those violations that were pretty proactive and they could visit them there to make sure that they are adhering to the over-ins. And then we respond to complaints that we have not had any complaints in my knowledge. Thank you. And the other, if I might add as well, get a piece of it coming forward is this outreach that we're gonna engage in with the schools and with the youth director. And so a combination of all those collaborative efforts is gonna keep us on track with making sure we don't have violations in our educated youth. Yeah, I volunteered to be part of the outreach thing too. Unfortunately, I was on vacation when the captain said that meeting, but they'll be going to the rest of the meeting. So I think that's gonna be a great program. You got any comments? I mean, we could go to public comment on this, right Chloe? Correct. Okay. So we're back. Where is, what I don't like to entertain some motion? I moved to adopt the proposed resolution, repealing resolution number 4149 and it's off the new bail schedule. Can we have a first from Council Member Bertrand for a second? I can take a minute. Can we have a second from Council Member Kaiser and Amber Wolf-Alford? Council Member Bertrand. I approve. Council Member Kaiser. Aye. Vice Mayor Story. Aye. And Mayor Brooks. Aye. Okay. We're gonna move on to item 8G. This is the designation of the voting delegate and I'll turn it over to 2021 lead of the final city's annual conference. Thank you. I'll be presenting that very briefly as well. So give me one second again. I mean, I should say multiple seconds. And how about that? Okay. Okay, great, thank you. So I'm sure you're all familiar at this point, but it is becoming time to have yourselves nominate someone to be the voting delegate at the League of Cities Annual Conference, an expo if you wish. The conference is set to be done in person on September 22nd through 24th in Sacramento. And basically we need to know who is gonna be the voting delegate if there will be one before September so that everything can get set up. And the conference fee for all three days is $600. A one day fee is 325. That would be the person just going for the voting only. That doesn't include lodging, of course. And just a quick overview of the budget scenario here in this annual, in this full year 2021-22, the council training budget is $2,500, which is 500 each. And typically, though there's been more for each of you, there has been a no sharing agreement about the funds. So in this case, to attend the conference, there would be some sharing required and necessary, which we'd recommend just for this instance, not necessarily moving forward. So I just wanted to lay that all out for the council and then really the action would be to designate a voting delegate if you'd like and if you need an alternate. So you can discuss that amongst yourselves. Thank you. Any questions on council? We'll move this to public comments. If there's time to make a public comment, you can email publiccomment at ci.tactfuler.ca.us or if you'd like to speak, you can click on the actions below. Or if you've called in today, you can ask Darnein and our moderator will choose here. We are very much to speak. We are works, I do not see any attendees with their hands raised to speak on this item. And I do not see any email on this item. Okay, so let's send this back to council. Who would like to go? I volunteer to be an alternate last year. I'd be glad to volunteer to be an alternate this year as well. Now that it's in Sacramento, I'm more inclined to go to the virtual lesson than this year. Would you be interested in being the voting delegate? Council member Bertrand? Well, I left that up to you because last year I think you were the voting delegate. So the mayor should get the first choice though. I'm happy to pass this on. Yeah, I'll see what he's going to do. Someone else's suspect. Yeah, there's someone else who's inclined, that's fine. We're lucky to have you council member Bertrand. Anyone else interested in being the alternate? I can be the alternate. Okay, council member Keiser, so we have our voting delegate. So would someone like to make a motion? Of course you make the motion. Council member Bertrand. Sorry, it might be helpful to get a clarification that we're on the same page of the budget situation for our alternate and our prime members if it would be they could exceed the $500 for travel, then that would be helpful for staff to understand what the council's about. So we're planning to follow within the $500. I have one other question here. I have one other question. So Jamie, it's a question for you and Margo too, I suppose because we could borrow a city car to do the transport. Yes, a city vehicle can be used for official city business. Okay, great. So Margo, if you're going, you know, we could both share the same car and so I just want to get that straight too. You don't want me to use my truck to go that far, believe me. Okay, September we have a voting delegate and an alternate. Are we comfortable with using our funds to offset these costs for this one time? Everyone's an agreement if someone would like to make a motion with those three items. Yeah, if I may all make a motion that councilman's quick friend will be our voting delegate and councilwoman Tyzer will be his alternate and that they should be fully rember for handing out a pocket for sending the legal city. I'm going to have a motion on the table. Chloe, you got that? Yes, thank you. Okay, great. And do you have a second? Do you have a second from councilmember Tyzer? May I have a roll call please? Yes, councilmember Bertrand. I agree. Councilmember Kaiser, vice mayor Story. Aye. Mayor Brooks. Aye. So this item passes the council staff and participants for being here tonight. Please remember to find a good and others and yourselves. Members who wear your mask out and follow all CDC guidelines as they change on a daily basis. I appreciate all of you tonight. Thank you. Good night. Bye. Good night. Bye.