 Excellent. Welcome everyone to our May 27th City Council meeting. Before we get started, I'll have our clerk. Go ahead for a few words. Thank you Mayor Brooks. Hello, welcome to the Capitola City Council meeting. In accordance with the California Governor's Executive Order N2920, this meeting is not physically open to the public. Council and staff are meeting via Zoom. There are several 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, the meeting is also cablecast live on Charter Communications Cable TV Channel 8 and is being recorded to be rebroadcast on the following Wednesday at 8am and on Saturday following the first rebroadcast at 1pm on Charter Channel 71 and Comcast Channel 25. Our technician tonight is Alice. Thank you Alice. Her first meeting was last week and she did great, so she's back with us this evening. And that's all I have Mayor Brooks. Thank you. Great. Let's go ahead and move on to item one of the agenda. Can I have a roll call please? Council Member Bertrand. No. Council Member Kaiser. Here. Council Member Peterson. Here. Vice Mayor Story. Here. Mayor Brooks. Here. Alright, so before I move on to the Pledge of Allegiance, I just wanted to take a moment to recognize the lives that were lost recently in San Jose due to the tragic. There's just tragedy what occurred. I just want to take a moment of silence for just a few seconds if you are comfortable with that. Thank you very much. Thank you council members. Thank you staff. This is definitely just a hard dark time in our world, in our country and just this horrible event taking place just across the hill here. So the hearts go out to the families and to the lives that were lost. If you can please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which stands one nation under God. Indivisible with liberty and justice for all. Thank you very much. Alright, we're going to now move on to item two. We have a presentation from Guy Preston, the Executive Director of the Santa Cruz County Regional Transportation Commission. Welcome Mr. Preston. Thank you for the opportunity to present to the City of Capitol this evening. I'm Guy Preston, RTC's Executive Director and I'm here with RTC's engineering manager Sarah Christensen at the request of RTC Commissioner Joshua Tran. To get us started, I'm going to hand the presentation over to Sarah. Sarah? Thank you Guy. Just making sure you guys could see my PowerPoint presentation here. We can. Thank you. Okay, great. Bye to change. There we go. Okay. My name is Sarah Christensen. I manage the Highway 1 Quarter Investment Program of Projects, which is a multimodal program of projects along Highway 1 through the county. We have three active projects under development, the first being between 41st Avenue and SoCal Drive. This project just finished the final design earlier this year and will begin construction by the end of the year. Construction will be complete in 2023. The project includes auxiliary lanes and bus on shoulder improvements in both directions of Highway 1, as well as the new bicycle and pedestrian over crossing at Chanticleer Avenue. The second project under development is between the Bay Porter Interchange and the State Park Drive Interchange. It's about a three mile segment. We just finished the environmental phase of this project. The improvements include bus on shoulder and auxiliary lanes in both directions of Highway 1. It includes replacement of the Capitola Avenue Bridge and a new bicycle pedestrian over crossing at Mara Vista Drive in the C-Clips neighborhood. These two projects are fully funded by a recent grant that was awarded to the RTC late last year. We received a total of $107 million from the California Transportation Commission. Those are SB1 funds. The funds will fully fund construction of Phase 1 and Phase 2 projects as well as a congestion mitigation and buffered and protected bike lanes project along SoCal Drive that's being implemented by the County of Santa Cruz. These three projects together are going to transform the multimodal transportation of this county. It's really going to make a big difference for our county, definitely in the city of Capitola as well. And finally, the last project in the program is Phase 3. It's in the environmental phase. This would complete the about eight mile long auxiliary lane and bus on shoulder program between the State Parks Drive Interchange and the Freedom Boulevard Interchange. And this project just started the environmental phase. I'm delighted to finish at the end of 2022. We have part of the scope of the project is segment 12 of the Coastal Rail Trail. And speaking of Rail Trail, I'm going to hand it over to Guy Preston to give an overview of the program. Thank you. If you can advance to the next slide. Working for me. Okay, there we go. RTC and its local partners are working on delivering the Coastal Rail Trail. About half the trail is under development as shown here. RTC staff is considering how to proceed with the trail project in light of RTC's recent decision on rail transit. From the Boardwalk to Davenport, I do not anticipate anything will change. The trail adjacent to the rail line is fully cleared and almost fully funded. In Watsonville, I also don't expect anything to change since the rail line is still very much active with regular freight traffic. But for the section from the San Lorenzo River Bridge to Watsonville, the corridor is much more complicated. The projects are far less advanced. The corridor is constrained by its narrow width, steep topography and sensitive environmental features. There is no active freight rail service and the rail adjacent to the trail is expected to have more impacts than we've experienced elsewhere. Although RTC plans to preserve the corridor for future passenger rail, it is a long term investment. We need to ensure that we analyze a reasonable range of alternatives that could attain the project's basic objectives and avoid or lessen the project's significant effects. Staff believes it would be prudent to include an interim trail alternative. The interim trail alternative would be located on the existing rail bed until the right away is needed for a rail transit project. RTC is therefore recommending an interim trail alternative be included for analysis from State Park to Rio del Mar, and that's the section of the trail that is included in the highway project. It's a very challenging section and includes four bridges needed to cross the freeway, and so Cal Drive twice as well as Aptos Creek and Valencia Creek. In addition to RTC's project, the county is just about to start their rail trail project from 17th Avenue to State Park Drive, and if you can advance to the next slide. The county's project will be studying an alignment which proposes to have the trail adjacent to the rail line as shown here. The county's initial plan was to get the capitol affection to avoid the capitol attressal. Since the county now expects that an interim trail will be included in its scoping of alternatives, RTC staff is recommending an engineering analysis to see if the interim trail alternative could be, could include the capitol attressal. And so with that, I'm going to hand it back over to Sarah. Thank you guys. So the capitol attressal, we have been performing analysis and inspections on and recently this bridge has been put out of service due to significant repairs that are needed to both the timber sections as well as the single span wrought iron section over Stokel Creek. And basically the single span wrought iron section needs to be replaced instead of repaired. And the reason for that is there's challenges associated with well structural welding to wrought iron and the age of the bridge. It's just recommended to replace this bridge. This is obviously a large capital investment that's needed. And so, as Guy mentioned, we are proposing to conduct an analysis to see if this bridge in its current condition or with some retrofit could be converted in the interim condition to a multi use trail until the longer term where capital investment is made to replace this bridge. So with that, we are available to answer any questions that you have that concludes our presentation today. Thank you. Thank you, Sarah. Thank you, Guy, for your presentation this evening. Council members, do you have any questions? Nice, nice story. Thank you, Mayor Baruch. And thank you for taking the time to give us an update and a presentation. I had a couple of questions. And one is, I wonder if you have a guesstimate on when you may actually have a trail available to use in capital. My second question, and it actually came from someone who had posted on Next Door, they were asking about, they had seen numerous like blue tags nailed in the trees along the corridor and they were asking what was the significance of that. You know, and I didn't know. And so I just wanted to maybe pose that and so I can maybe share that with residents when they raise that question again. So that was that's my second question. Thank you. So your first question with respect to when a trail might be headed through capital. You know, I mentioned the county's projects that extends from 17,000 you to State Park it runs through capital. Currently, we know that the capital the trust will really can't be retrofit for a trail adjacent to the rail line. So I was planning on skipping that section. If the commission allows us to look at the capital a truck or more closely to see if it could be used for a trail. And I think we could have an environmental document done in about a year and a half, maybe two years top. And then we could go through design and construction. If that alternative is not selected, I think that in the rail is, you know, constructed adjacent to the rail line. I would anticipate we would come in and be off the rail line at, you know, local clefts drive. And then we'd be back on the rail line at Monterey, missing most of the city of capital due to the challenges of the Trussell Bridge. With respect to the blue markers in the trees, I'm going to ask Sarah if she knows. Thank you guys. It's the county's project. They're doing tree surveys. And so they went out and they're taking an inventory of all of the existing trees and that's how they mark them and keep track of them. Thank you for that response. Appreciate it. I have a bit of a trend. Do you have some questions? Councilmember, you are muted. Okay. Thank you. Yeah, I have three areas of questions. Thank you, Mayor. One is dealing with busch on shoulder and what we could expect from increasing ridership and frequency of service when that's implemented, three sections that you're talking about. The other is the bike program that you're anticipating on Soquel. And the reason why I bring that up is because we're looking at expanding our safety on Park Avenue. And the other is there was a recent letter to the editor about what rail banking would be in the Santa Cruz Sentinel. And it seems to me that it was a little off base and so hopefully you could address that. So my questions are, in terms of bus on shoulder, how is that working with Metro? And can we expect an increase in frequency and therefore being able to carry more passengers from Watsonville to Santa Cruz? If you answer that, then I'll go on to the other two questions. So we are working with Santa Cruz Metro. They recently put in a planning grant to look at the service patterns between Watsonville and Santa Cruz. So they're going to continue to work on that while we're moving forward with the bus on shoulder programs. And I hope that, you know, I expect that it's going to show that there is a service gap there, that there could be additional use of bus on shoulder facilities and increased frequency. And then hopefully we can find the funding for them to provide that service within the Highway 1 program. We think that's important. I also think it's really important to consider the people commuting from Watsonville and some of the challenges they have with transit, you know, getting to the transit location is challenging. Their transit center doesn't have a lot of parking around it. You know, trying to get to the transit spot is a challenge. So we're considering also looking at park and ride facilities that could be a transit bus stop. So I encourage additional transit use on that, you know, with bus on shoulder program and the clean electric vehicles they plan on operating. That's great. So that would augment the availability for residents in Watsonville. Okay. The next question is the bike program on Soquel Avenue. And can you tell us a little bit about what RTC is planning to make them safer? And if there's any help, because I know you're doing two demonstration projects. I was at the ITEC meeting recently and I heard that. We're thinking about doing some projects to increase our safety on Park Avenue. I don't know if we could participate with those demo projects, but I'd like to know what you're anticipating first of all. So this is the county's project. They partnered with RTC. So they're doing the design work on it. It was part of the grant. It's not a demonstration project. This is a permanent project. Okay. It goes from Harbor Drive to State Park Drive. They're doing basically a tape seal on that roadway, painting it black and then reconfiguring it to be more bicycle friendly and transit friendly and pedestrian friendly. So there's going to be a bunch of additional crosswalks added. For the bike lanes themselves, they will be a combination of protected and buffered bus bike lanes. A lot of the green boxes for a left turn lane for a left turn movement. It's going to be an overall much safer facility for bike lanes. And with the additional over-crossing for Highway 1, it's going to provide a lot of connectivity to the other side of the corridor where the rail trail is going to be. So it's going to be a significant improvement of our overall bicycle network. We're basically with the rail trail and SoCal Drive, you're going to have two parallel facilities on either side of the freeway and then a bunch of over-crossing. It's going to be great. Oh, this was good news. When I was on the ITAC map, I just didn't understand. I thought there was going to be two locations in the county so people had an idea what this improvement, anticipated improvement, would actually look like. The county may have some additional stuff going on and I can certainly hook you up with Steve Wiesner or Matt Machado. But I'm not quite familiar with exactly what you're referring to. But we'll get you some additional information on what their demo projects are about because it's not something that I'm well versed in. Yeah, if anything happens, you know more about that. Yeah, so it's probably best to get in touch with our staff on that. Steve Jesberg is our point person for anything in that regard. My second question deals with, third question deals with rail banking. And the letter to the editor basically said, oh, if you do rail banking, that means they're automatically going to tear up the tracks. And I understand that rail banking is a way to allow us to do some good planning. So I was wondering if you could explain rail banking and what it would mean to RTC moving forward in terms of like an interim trail, for instance. I think Guy is frozen. Sarah, can you answer that? I can take a shot at it. Sorry. No, it's okay. I usually leave the rail banking questions to Guy because he has some more. Yeah, he's more on talking. I understand that. But however, rail banking is when the corridor property rights are preserved and it basically puts a pause on freight but keeps all of the property rights intact and preserves the corridor to be a continuous corridor that can be used for other uses. And then the corridor can at any time be brought back to reactivate freight on the line. And hey, Guy, are you back? Yeah. I'm doing a great job on this, the answer to this question. Guy's the guy. So I don't stand. So our rail line is a federal freight line. It's part of the federal rail network. And the freight rail has certain protections in this country that are different than what you would see in other countries. It's protected by the interstate commerce act so that we don't interfere with the movement of goods throughout the country. So when you're under the jurisdiction of the rail, the STB, if you want to make it comes with an obligation to provide service to freight customers. On demand. So if a great customer asks for great service, you need to provide that. Over the years, a lot of rail lines were abandoned. And that's a legal proceeding that only the STB can do. And to prevent that from continuing to happen because we're losing our rail network and our right of way. The government came up with this creative way of preserving the right of way through the rail trail app. And it's a process that starts with a rail operator asking for abandonment. And then it concludes short of abandonment with an interested party choosing to serve as an interim trail manager. And they would preserve the rail line for future reactivation of freight service. So the line isn't abandoned. The property rights all stay together and the line is preserved for future use. And with that, the RTC could choose to build a trail. They could choose to build a trail adjacent to the rail line and leave the rail line in place for rail transit. If, you know, it could choose to do nothing with the property other than just preserve it. There's no requirement to even build a trail. But it really protects and preserves the right of way from what has happened in the past, which even includes Monterey, because Monterey's section of the rail line was not rail banked. It was abandoned. And that's why sections of that line don't go through Stan City. The property owners extended their backyards and the rail line is severed through there. So this would be a process of allowing the RTC to preserve the right of way for future reactivation and then use it for whatever purpose it wants to in an interim condition. I don't know if that adequately explains things, but continue to ask questions because it's confusing. Well, Mr. Preston, I appreciate your response. And I just want to remind Council, we're about halfway, half an hour into our presentation and we have the rest of the agenda. Council Member Bertrand, was that your last question there? Yeah, that was the last of the three, but it just brought up one little reason. Well, what I would just encourage, I just want to be respectful of everyone's time since this is just the presentation. Council Members, if you have additional questions, Mr. Preston and Ms. Christensen, if you don't mind sharing your information with staff so we can follow up with any additional questions, and I encourage the attendees this evening to email us as well if you have questions for our wonderful guests this evening. But we do have a full agenda and I appreciate all of your time this afternoon or this evening, so thanks again. You're very welcome. Yeah, thank you very much also. And thank you Council Member Bertrand for inviting them. Okay, so we are going to move on to item three. It says report out on closed session, just that item was from an edit earlier, so there is no item three. So we're going to move on to item four, additional materials. Staff, do we have any additional materials this evening? Yes, Mayor Brook, thank you and apologies on the closed session was canceled as you mentioned. No, that was my fault. There were three additional materials received, two regarding item 9A, the annual item, and one regarding 9B, the request and the ADU size limitation item. Great, thank you so much. Moving on to item five, additions and deletions to the agenda. Do we have any additional? Staff has no changes this evening. Thank you, Jamie. Now moving on to item five, this is an opportunity for public comment of items not on this evening's agenda. I'm going to take the opportunity to share with how to participate in public comments this evening while Larry gears up. So we'll open this up for public comment. If you'd like to make a comment, send an email now to public comments at ci.capitola.ca.us. Or to speak, please raise your hand now by clicking on reaction, then clicking raise hand in your Zoom application or by dialing star nine on your landline phone. Our moderator will unmute you. You will have up to three minutes to speak. So again, this is just a public comment of items not on this evening's agenda. Do we have any attendees with their hands raised? Mayor Brooks, I see at least one attendee with their hands raised. This is Barry Scott. Hi, everyone. I just wanted to thank you for holding holding a public session like you do. I love the council and I love capital and I I'm just dropping in to say thank thank you. That's all. Thank you, Mr Scott. Any other attendees and I would like to speak this evening. Mayor Brooks, I do not see any other attendees with their hands raised. We do have an email regarding the presentation. So I will, I will attempt to share my screen again and play the audio. Good evening. One, please clarify auxiliary lanes and bus on shoulder. They cannot exist to get as one lane saying they are the same thing is not correct. City council members need to understand that auxiliary slash bus lanes cannot be lumped together. One cannot have an express bus lane share the same lane as auxiliary. Two, please abandon an auxiliary lane project and substitute an express bus lane perhaps at S. Three, Mr Pearson with all the engineering studies done for the rail slash trail. Why is this coming to light now? We passed this bridge long time again. Thank you, Bob. Okay, I do not. Let me say check one more time. I don't see any other emails and Brooks and I do not see any hands raised on this item. All right, thank you. Okay, so then that completes item six for public comments will now move on to item seven. This is an opportunity for city council or staff comment will begin with staff. Do you have any comments this evening? Council and mayor, I do have one announcement I'd like to make and forgive me for a second. My camera is being locked in there because it started. The first thing I would like to do is just announce that on January 12, we are going to be hosting the virtual grand opening to the Capitola branch library. It starts at 10 o'clock will be 10 to 12 and we have a few speakers lined up. It's not intended to be an in person event quite yet, but you can sign up and participate virtually by going to the Santa Cruz public libraries website. In addition, there are, there is an opportunity to get a tour of the building and you can sign up again. If you go to the Santa Cruz public library site, you can sign up and register and get a tour later that afternoon. We will get a chance to remind everyone again in two weeks, but I wanted folks to know that this important date is coming. Did you say January? I may have, but I met June. I mean, we've been waiting long enough. So why not? June 12th, I apologize. Tell us the date again, Jamie. June 12th, 10 a.m. Awesome. Thank you. And I think our public works director has a little update for us as well. I just wanted to let you know that I'm sure everybody has seen that the beach grading and the goon closure has taken place this week. We have an abundance of sand. I don't know if it's a lack of rain or the new jetty, but it's certainly been a nice year for the closure as we haven't been borrowing sand from one place and stealing from another. So it's been a good year. We will have a closure complete for the Memorial Day weekend. And then on Tuesday, we're going to come back to one more quick opening of the creek and then close it for good. And we should be completely off the beach by Thursdays next week. Thank you. Okay. Any comments from council this evening? Councilmember Kaiser. Thank you. I have a couple of things. I am on the commission for the environment. We have met or we met last week. However, there wasn't enough of us in attendance to make a quorum. So there are still some things that are in limbo, shall we say, and then again on the on the beach transformation. Just thank you to city staff. It's actually been kind of fun to watch the bulldozer and work. It's like it's kind of one of those like large Zen gardens watching them go back and forth. So if you get a chance, I highly recommend it. But thank you so much to staff and yeah, looking forward to Memorial Day weekend. Thank you, councilmember. Councilmember Bertrand. I'm here on mute. I'm here on mute. Every time gets me to. Yeah, I should stay off mute because it's hard for me to go back and forth. I'd like to make a request of our police department. I know and Andy, our captain is here. So to look into Laura's law, which is something that police and dealing with situations on the street might find useful. And if it's actually currently enforced and Santa Cruz, which I don't think it is. I did a quick look of one of many counties in the Santa Cruz Bay area already use this. So I thought it would be worthwhile for us to consider having an agenda eyes. So we have an idea what it is. And if the city council would like to do so, you could recommend to the board of supervisors to consider implementing for this county. Thank you. I agree. I agree with Margo. I just love watching the bulldozers go and there's a lot of history behind the bulldozer, the operator that's running it now and how he learned and way back to grandparents teaching the kids how to do it. This is the wonderful thing about our community that has a lot of history. And I've often thought that once a decision is made to reach the creek, we should have like a capitol of celebration and everyone go down and watch it because it really is truly, you're absolutely right. I hadn't thought of describing it as this then thing, but I totally agree with you Margo. The bulldozers are back and forth, back and forth moving the sand just to get it right. It is truly a wonderful thing. And one thing I learned last year was a lot of wood is buried. We didn't get much this year, but often there's a lot of wood that's actually buried and I did not know that. So thanks for bringing that up. Maybe we could bring it into capitol celebration. You know, a few people would go down there, I'm sure. Thank you, Council Member Bertrand. I just wanted to share a few comments about how we've now embarked on the one year anniversary of the murder of George Floyd. And that we still have much work ahead of us in dealing with the racism in our community and in our country. But one thing I just wanted to share is that I'm just really honored to sit side by side with our council members today. And thank you for all of your work in moving forward with them for the bias training and really staying focused on the relevant matters at hand. So I just wanted to share my gratitude for being able to sit by next to all of you. So thank you very much. All right, so now we will move on to item seven. Oh, excuse me, eight. This is our consent calendar. And this item will be taken as one motion. Council Member Peterson. We have a first and a second for our to approve our consent calendar this evening may have a roll call please. Council Member Bertrand. I'd like to make a comment before I make my vote. Is that okay? Great. Okay. And can you reference, you muted yourself, but can you reference which item you're going to be making a quick comment on? Yeah, the beach projects. We all know what they are and I just like to get my hats off to Public Works for guiding these projects through. I know the citizens of Capitola and those who visit us often would appreciate those. And now that the creek has reached and all that that's certainly going to be very safe. And maybe Steve could address sometimes later on the safety issues that now we are taking care of by doing the lining. Thank you very much. Thank you for your comment. Mayor. Just a point of order. I think we should go after the public before we go down the consent. So for consent, I believe we do not need to go to the public for for comment. Samantha are you here? Correct. Okay. So we don't need to go out to public for consent. The public doesn't have the ability to ask for the consent item. They discuss. If the public wants to comment on consent items, they can comment on the section of the agenda for. One is a full one. The discussion. And since it is on the agenda, I don't know why it was it was discussed in the public comment. So how does it stand? We may be operating under new rules. Council member called out. Council member Bertrand. I agree. Council member Kaiser. Council member Peterson. Aye. Vice mayor Story. Aye. Mayor Brooks. I'm going to move on to item. I'm just going to go down here. My age. This is to consider the previously approved. Item how it's going to work is we'll receive presentation from staff. We'll then go to questions that comes from members. And then we'll go to the item and then it will come back to temple for deliberation. So with that, I will turn this over to staff now. Mayor Brooks, council members, let me share my screen. I hope everyone can see it. I'm sorry. I need to resize. So this is regarding the eco-hill stairs. Kind of want to give a little bit of a background for conservative people attending that aren't familiar with the public art program. It was started in 2004. Commercial projects are the way this fund gets to trick country and end up in this fund. The commercial project has the choice of either putting 2% of the valuation of the project to art on their site, or they can contribute 1% to the city's public art fund. Currently, right now, the public art fund has a balance of about $175,000. Currently, we budgeted a little over $30,000, I believe, this year. And we have about $25,000 left that we budgeted. The public art funds is important is the public art funds are restricted in use. They cannot be used for other purposes. And maintenance and things like that are not included, including repairs. They are strictly for the use of public funds, either permanent or temporary. The Agricultural Commission has the review of reviewing projects that recommend them to the city council. The public art project in question is public art on the risers of the eco-hill stairs. This actually has been discussed a number of years during with the Agricultural Commission. They've listed it on their annual report of the potential project, but this is the first time it's gotten to the point where they went out to a call for us and a group, an artist for recommendation, the city council. They formed a subcommittee in 2020 to review it. They determined the budget was $10,000 based on some historical projects and some information for other cities. The project received, we actually received 13 submissions. Then three artists were asked to kind of give a more detailed proposal. The submissions were really kind of a, here's my experience, here's some of the things I've done. So they received three detailed proposals. In November, they recommended the project by Michael Kirby, considered by the city council. Mr. Kirby has worked in a number of studies with the commission on updates to the mural project. City council approved the mural on April 8th meeting. At the April 14th Agricultural Commission, a number of people expressed concerns about the mural. And additional people made, they're in public comments at the April 22nd meeting. Eight people, I believe, spoke about the mural. Councilmember Bertrand requested that the sign be brought in place on a future agenda and that's why we're here. On May 5th, Mr. Kirby actually held a question and answer session on the mural. I believe we had three participants, two of them asked questions and Mr. Kirby answered the best he could. I want to kind of give you an example because one of the big problems with what we're proposing here is that you take a 3D project, but the proposals are in 2D. So sometimes it's a little hard to see as well as the scale. This is an example, this is an art project, this is actually in San Francisco. Heading up, I believe, off 16th Avenue in the sunset. These are tiles, but they're similar where basically the mural is designed to be seen as a whole from afar. And this is kind of an example of face stairs. It's almost the same number of stairs, a little different configuration. As people walk up the stairs, those photos on the left is actually someone's Google image. You don't see the whole, you only see what's in front of you and probably a couple steps above. You don't see the whole thing at once. And this is the same person, and from the top, you don't see any of them. So I just wanted, this was some of the confusion about where the mural is going to stand. I wanted to see if I could help clarify that, because again, moving a 3D project into the 2D world sometimes is a little bit difficult, and I'm just hoping to give a little bit better example. This is the project, and this is, we've asked, you know, one of the things different about this presentation is we had never asked a artist to kind of overlay his proposal on an existing image. And it's clearly a little more difficult. You know, the other projects we have, we've said, okay, here's the shape. Give us a, give us an image. A little easier to do what we've asked over time is to, for example, we kind of basically show what he is close to the end of what it's going to look like. You know, on the stairs with, from different views. And I know it's a, you know, it's a more difficult thing to do than we've had in the past. So at this point, I am here to answer any questions you may have. The artist, Michael Kirby, is also on the call if you have any questions about the art project. So I'm going to stop sharing the screen right now, if that's okay. I remember during comments, some of the participants and public comments had issues with the coloration and the artist had said they were going to address that. So I was wondering for an update on that. And the other thing is for the public meeting, which was a question and answer period, I want to get a clear idea how we publicize that. So people that were involved, particularly I think on People's Hills, there was a lot of comments from People's Hills originally, if they had a chance to be notified so they could participate. Thank you very much. Absolutely. The artist has kind of worked a little bit in his own way of kind of lightening or blueing the color, but he has not worked. The council directed staff to kind of work with the agricultural commission to work on the palette. Because of the way this has gone, we haven't had that. The agricultural commission formed a subcommittee to work with him, but he hasn't gotten there. As of yet, that's going to be a collaborative process. He did kind of show a little bit of what it's going to look like a little bluer, but I think it's important that, you know, what he works with the either staff or the commission on that. He hasn't gotten anywhere on that. As far as the question and answer session, we did post in our usual, we did on social media, the website, but in addition, through the public comments as well as information that the people who communicated at the art and cultural commission, I said direct emails to those, those individuals that we have both is anyone that commented on this item at any time that I had contact or I sent them a email link to the meeting. Thank you Larry for reaching out. I guess it's not a total question, but I wanted to say thank you Larry for pointing out the perspective from the stairs, talking about them and how the whole project might look for us as well. I think that's a huge point to make for the public. And then yeah, I want to piggyback on Council Member Bertrand about the color scheme and how that might be coming along if we can do another rendering of something that is closer to sort of the blues and greens. I think that people, at least from the public meeting personally as well, was sort of looking for it in a mock-up. Well, the artist has not worked with the commission on this yet, but I know he is willing to work on whatever needs to be worked on. He's wanting to do what he wants to make a mural that everyone's happy with. Cool, thank you so much. Thank you Larry for your questions from Council. This question actually might be for our attorney Samantha. I just want some clarity on the process. Jane, you can help out. So what I understand from this item is that this item is already up for just comments and questions from the attendees and from Council this evening. I'm just curious whether, if this is something that Council wanted to bring up, like Council Member Kaiser said, to see further rendering. Is that applicable or understandable? Sorry, I was having trouble getting by. No, I was just, I believe Council already approved this item. Is that correct? Yeah, I think so. You did and you can re-do the item, which is what you're doing tonight. So this is sort of a, this is, you can re-do it entirely. You do decide to do that, the action at the end of this would be to rescind your prior approval. But if Council would like to have additional information, we certainly ask that. It's not enabled to tonight, we would like to continue this item. Thank you for that clarity. I just, Council Member Kaiser asked for some items and Council Member Kaiser, I just wasn't sure if you knew that information as well. So, Jane, were you going to say something? The only point I was going to add is the third option would be to take no action this evening, in which case your prior approval would persist and the project would proceed. Okay, so it sounds like we could rescind, we can continue the item for more information, or we can take no action as our original, no rescinders. Okay, so this is my question. Let's go ahead and move on. Okay, Council Member Transit, do you have another question? No questions, but I do have a motion for later. Email now to publiccomments.ci.publicola.ca.gov. Looking on reaction, then clicking a raise hand or by dialing star nine on the left hand side. Our moderator wants to unmute you and you will have up to three minutes. If you have a screen, would you want to go to public comment on email first? That's actually our Z-click screen so that way you can run a timer, but I will definitely look. I'm refreshing my email. I do not see any emails on this item, but I think the clerk has the wrong thing shared. Are you seeing my minutes? That's fun for everybody. You have your minute maker shared. I'm so sorry. There we go. Okay, so I think the first person that we have to comment is Catherine P. And you should be able to talk. Now, can you hear me? We can. And I'm going to go ahead and ask the clerk to start the timer, please. Okay, thank you. First off, and I just added this, I've been to the stairs in San Francisco that he was referring to, and I have to confess, I did just what a lot of people were worried about. We saw, we just photographed, we got in the way, those stairs are quite beautiful, but they're very wide, probably twice as wide as our stairs and very regular. You know, they're not, they're not as beautiful as our stairs are. So that's on the side, but what I really wanted to say was I wanted to thank the City Council first for your willingness to put the People Hill stairs project back on the agenda. I understand it's really frustrating to work on a project for so long and they get so many last-minute objections. And we have to wonder why is this last-minute pushback? I think that, as in so many instances, COVID is highlighting a pre-existing problem. Was the project announced for legal requirements? It sounds like it definitely was. Was the public actively involved or invited to participate? Not so much. And when I Google public parts, the definitions include community involvement and public process. I looked through the Council of Currents to see if there had been some information on this, and I didn't see anything. And the Google search brought up a call to the artist, but no other announcements. I know the Arts Commission did include it in their agenda, and invisibly I did not mean at all, but I did not regularly check the Art Commission agenda. I learned about the project the day of your meeting for the City Council agenda on April 3. But I was unable to speak before your vote during the public comment because I couldn't find the reading pan icon. We have one more minute. Okay, thank you. And only one person I've spoken to since that time had been previously aware of the project. And I'd like to contrast that with the very popular Esplanade wall tiles that invited so much tremendous public support and involvement. I'm hoping the City would be willing to revisit the public, that was the project, with more public input, and I'm hopeful that we members of the public can be more vigilant and consistent in following City news. I look forward to reading the Capitol a wave I understand will be coming out on regular basis. Thank you so much. That's all for me. Thank you very much. Okay. Do we have any other attendees with us? Susanna? Hi, can you hear me? Yes. Clarice, I'll have a start the timer, thank you. We've only got three minutes. Okay. Thank you for taking our comments. My name is Susanna Gleana. I've lived at Capitol for 74 years. I'd like to point out that this past year has been unusual and very challenging for many of us. The consequences of the COVID. Needless to say, many of us were shut down and overwhelmed on many levels. We're hoping that the City is sensitive to the fact that lives and information determination, as well as city participation with impact, is the first thing. I believe that your records regarding public participation will actually show that communication as we knew it took a hit. Within my neighborhood, the shutdown between neighborhood interaction was the way to discuss and highlight the president and city council matters. In city council, you saw people having a difficult time participating in part because of technology. In fact, some important neighborhood issues, like the care mural, came to us and decided upon about many of us being overwhelmed. Many, many of its neighbors feel that they were left out of the decision process regarding the project. Whether this is part of how art is normally passed in the city or whether it's because of the fact that many, many capital systems don't like to wait in front of those deep hills, you know. When several constrained citizens called in about the six years that another council meeting amidst indicates it was just a handful of people who were concerned, considering the amount of work that has been done on the project was not difficult to understand by gas commissioners' council would think that having a few people come might not be significant to consider the process. The fact remains, however, that these positions feel that they did not know about it. As said, small businesses put together a very last-minute petition to show you just how many systems feel that they were left out of the project process. In a few hours' time, we got over a hundred safety signatures that we had submitted to you from capital systems asking the city to recognize the unusual nature of community interaction and ask those to pass here and delay the start of the mural project in order to get its residents another opportunity to participate and get their feedback. The petition to ask the city advocates to close the mural by sending out a notice to all residents and posting at a thousand below the stairs. All we are asking is for an opportunity to wait in. Please note that this was done by a handful of people in a few hours without posting on X or anything else. None of the neighbors that we spoke to were aware of this project. I asked any council members if they were to have asked ten of your neighbors a week ago if they knew about the project, how many would have told you that they weren't aware of it. As an aside, I'd like to mention that three of college is getting ready to do a large mural on campus and for that project, they've been able to email every single student and exploit the intent of having as many people as possible to weigh in and show it on that project. On the other hand, we ask that the council be considered to be included in stage one. Thank you for your comment. So now we have Barbara Favreau. I think most of the comments I was going to make were already covered by both Catherine and Suzanna. I just wanted to weigh in saying the exact same thing that literally everyone that we were gathered signatures for had no idea of the mural project and would like to see an ability to weigh in on the project. And it really doesn't have anything to do with the artwork whatsoever. I think that needs to be made clear. Whether the artwork is loved or not, it's really just that they felt there was no opportunity to weigh in on the project itself. And I think that point may have gotten lost in previous meetings where we met where I think the takeaway was that we wanted to see the mural change. That really wasn't the takeaway. It was that there wasn't a community ability to have weighed in on the project. So in fact, some people said that they would like to have seen another location for the art project rather than the stairs, rather than drawing more attention to the stairs, which are in their mind dangerous because of their current condition, but would love to see the art project located somewhere else. So anyway, again, it isn't about the artist or the artwork, but rather the lack of, there's a limit for people to really know about it and to weigh in about it. And thank you for the consideration. Thank you for your comment. Okay, any other comments from the audience? Yes, members, I have John Gliena. Hello, John Gliena. I just wanted to echo a lot of the things people have been saying about not being aware of this. I think it should be just a major insulation and it should be a better broadcasted. Also, there's a safety issue. Those stairs are falling apart and the rails are down. Stairs are all chipped and you're just inviting more people to walk on the stairs that are unsafe and also say you want that high ability. And I am all about beautifying them, but I'm not about, I don't think that making them stick out and it's real brightly like that so that it attracts more traffic to an area, but I would say it's on a favor, steep. They have the wrong rise, you know, raised, they're not stowed. So I think that for safety reasons and also the environmental too, because all that paint, I mean, people kick those things, they scuffle them, they break down the paint chip, just end up in the ocean. One of the washdowns in the ocean. A lot of girls are going to walk down on their kicks and those ones are I'm sure stable, but this one seems like we can't. So anyway, those are some of my considerations. I asked that the city council be consider this project and a good re-examination and maybe you can thank for the different projects. Thank you. Thank you. We have, I believe it's Stan. Hello? Yes, I'm nodding like you can see me. I'm nodding like you can see me. Okay, so let's go ahead and start the timer. All right, great. So a lot of things have been addressed, as everyone has already said. Larry brought up the stairs that are in the sunset. Those are great, but they are just because the railing, if you look at the railing, it's a nice new aluminum ring that's at height. I recently just had an ACL injury or replacement and I've been trying to exercise on the stairs to get my leg back in shape and that railing, which I've never used in the past, is at about five levels, which is unacceptable. It's maybe for somebody that's 3D tall. The stairs are not at height. They're dangerous. You're talking about putting a piece of art on there and attracting people to it that is now becoming an attractive nuisance and making people come to those stairs that are not safe and the city's actually deemed them not safe and that they wouldn't change them to make them ADA compliant because we can't afford it or is there enough area there to make them ADA compliant? The other thing is I don't know if anybody's walked on them recently but we haven't had rain since March, April. There's dirt all over the face of those stairs and who's going to pay to wash the veral every year? Is it the arts commission? Are they responsible for that? Or does the city have to put money in to hire somebody to come out and power wash the mural twice or three times a year? What's the cost of that? Everyone I spoke to when I was getting the signatures, the first thing out of their mouth was, oh, are they going to fix the stairs? That was the number one thing that came out of their mouth. They didn't have no idea about the mural but they wanted to know the stairs were in the face. So I appreciate your time. I'm glad you're revisiting this and thank you. Thank you. Mayor Brooks, I do not see anyone else asking to talk at this time on this item. You want to check for an email and I'll just remind if there's anyone just having a hard time and how to speak to raise your hand. You can do so by clicking on Reaction, down at the bottom, and then clicking Erase. Mayor, do we have any emails? I do not see any emails on this item and I don't see any additional hands raised to speak on it. Thank you, Chloe, for the stopwatch. That was really helpful. Okay, so we're going to bring this back to Council for further discussion and just talk about it yet on Etsy. So nice to have stories on your hand raised first. Thank you, Mayor. And first I want to start by thanking everyone for that on the item. Everyone who has been out of positions and is trying to participate. It's important for us to get back from the public on projects such as this. This is the highest level. And a prominent location in our community. So what I would like for us to do, since this is not a critical project, it is public art. It is something that should be shared and appreciated. I would say at least by most of the public. And in proximity to neighborhood, they should be able to weigh in on their final product. But, you know, the last year, it has been a difficult year. We've had to operate under difficult circumstances. And I think that it's kind of a constrained ability to have presentations even for the artists to give us presentations. And so, because of those circumstances, what I would like to make a motion is that this matter be deferred and sent back to the Art and Local Commission. And that after we have resumed normal operations where we can actually have in-person council meetings so that people can attend, I mean that at that time and at the Art Commission's discretion that may be brought back to the council. And then, notice the speech then to residents who live within 200 feet of the project and as well, others who speak close to it at the top and the bottom of the stairs. So that's my motion. And one thing that I would also recognize and I think the Art Commission will be able to work on is that it's really hard to visualize what the final product will be. So this will give us an opportunity to look at better rendering and have a better understanding of the actual colors into the time that may be presented or may even end up at the end of different times during the normal time. And so with that, I'd like to present that as a motion to the floor. Thank you. I'll be glad to second that motion. And the reason why I'm seconding it is because I am concerned that so many people themselves were not able to participate in the process. I think one resident mentioned that it is COVID time and we're sort of focused on the home parts so to speak and Pam has absolutely correct that changed our viewpoint or more internal focus. So I recognize that comment from the public. As it is right now, we were just looking at color rendering but public comment has expanded our concern and even though some of these were already addressed I think it's opening up the process so the public has another opportunity and so that's why I'm seconding the process. Pam's motion. If you have a first and a second on the people who have comments, tell them ever see them. Tell them ever you are muted. I can't believe it. Okay. Thank you everyone for your input. I appreciate the effort that people have put forward to ensure that the council hear your concern. Because of that I'd like to say it sounds to me like this isn't from what I've heard in comments. If this isn't really a matter of different colors or different designs it sounds like unfortunately this is a project that isn't desired that people don't want these steps to be painted. And so for that reason I feel like the Art and Cultural Commission already reviewed this. They gave us a recommendation and they sent it to us and we approved it. So that being said I don't think I can support sending this back to the Art and Cultural Commission when they've done their job essentially as they chose a project and they sent it to us. So I appreciate the community feedback. I don't think I can support this particular motion of sending this back to the body that brought it before us to begin with. It's unfortunately I think this isn't a matter of something that we can send back to a committee and then it would come back to us and the residents would be happy. It sounds to me like they don't want anything on the stairs whatsoever. So for that reason unfortunately I won't be supporting this motion as we move forward. Thank you. Any other comments from Council? Council member Richard. Yes. I think it's a balance that we have to consider whenever we're dealing with any kind of proposal from City Council to the public. We all know what's going on. We have better connections with city staff we have better connections with the committee instead of working on various issues but the public at large doesn't benefit from that. A lot of times we're just concerned about their everyday lives and the various things that are of that concern whether they have kids whether they're out of work whether they're dealing with trying to find a job whether you know whatever it is it is really hard for us to keep that in mind when we put out a proposal for anything. I don't know necessarily what the motivation is but I do hear people saying they weren't given enough opportunity and that's why I echo Sam's comments that it's been a special time. We're trying to re-warrant ourselves in a situation where our main job is to respond to the public and be good custodians of our responsibility in doing that. I would like to have another opportunity for the public to have a chance to weigh in on this and I think Sam said it's not a pressing issue the only thing that's pressing I suppose is the weather when it's a good time to do this and how long it would take and the artist is concerned about something like that. But I think in general as the representatives as city council people I think one tradition of our city is that we do allow for public participation and we treasure that because our city does so many things that depends on public will to support what we do and part of that is for us to give them a good enough time of proper time to participate. Thank you. Council Member Kaiser Thank you. I just just a little bit of insight. I too have been in the public for quite some time and have not paid much attention to what's going on. So I would just like to put this out there that if you are passionate about what's happening within your community just please stay aware of what's happening within your community. I think it does everybody a big service to let your voice be heard and I really want to thank everybody that has come forward and said things about signatures and all of that. I also don't see this going in a direction that is going to make the majority happy. And as much as I appreciate the project whether it's colors or what not I think on board I'm not afraid of the safety the stairs can be used by those that can use them appropriately. Signs can be posted as far as risk or liability and what not. Photos will be taken of course if there's a mural that's put in place but those will typically be done from the bottom of the stairs not within the D'Go Hill community so that would be dealt with more so in the village where there's plenty of traffic anyways. So I don't think that this should be something that should be put back on the art commission I think either we need to reprogram where the funds are going to go or or maybe just not this is this right now only because it just doesn't sound like there's much satisfaction with the people that live very closely if we do continue with it I think more than a 200 foot scope would be appropriate as this is all of Pactola it's just theirs don't just belong to D'Go Hill. Thank you. That's our start. Thank you I just wanted to follow up and explain why I would recommend my motion included sending it back to the art council commission and to start with I want to thank all the volunteers of the art commission who work diligently in the project for the better part of the last two years and I think in recognition of the work that they've done instead of the council either approving it at this point or denying it at this point the art commission and the commissioners have the opportunity to be appropriate on all these other than input and that we can consider them they may very well decide that a lot of these issues are insurmountable and that the project should not go for however I think it should be their decision or they may want to work on a reason so those are the reasons why I wanted it to go back to the art commission I think just have a respect for the work that they've done and if it's going to die there let them put the final lessons on it thank you I just had a follow up question about whether it would die died there necessarily I checked in with two of the members the thing that I received in the art and cultural was that they wanted us to decide not we decide or they decide so they wanted it to come back so that we had the council make that decision because they couldn't come to a decision can you speak to that for a second because that would lie understanding from two of its members and if that's the case I'd rather not get back on them I agree with you in the premise of what you're saying but I just don't want to go back and forth because that's still this is life they already have this already just seems to them I believe a couple of weeks ago and they agree that they can come back for a decision that's correct whether they wanted us to kill the project I can say that that was another that meeting and you know I think that the whatever the commissioners ultimately decide has to be be determined by the city council assuming that they want to do something for and and in fact if they don't then I think that they should make that decision they make a decision to pursue the project and bring it to this point put a lot of effort into it and I don't know at this stage since it was previously approved by the council whether they're expecting now that the council won't be just done watch the hands of it and move on and I think that I think for me more importantly is that this project and this discussion has brought a lot of attention to these spares and not only the artistic fuel of them but their structure, their safety and and I think that those are issues that need to continue to be I think on our mind and addressed and if we just deny this project I don't think that those things would happen so I guess this is an effort to try to keep it within the city's attention and looking at these issues that have been raised concerning the safety of the spares and at that point if the commissioners feel that those may be overriding considerations not what have been brought to their attention and that they were too not to move forward and also I think this project brings up a lot of interesting issues about the noticing of public art projects and we have not typically used the same standards for the green cards to allow for public art projects maybe that's a discussion that needs to be had on how we do this and I think those are some good lessons, just some good comments that's been made about who should be informed and who should receive those cards and those conversations should be continued and to lead the place to do it and the arts commission so I hope I answered your question sort of sort of I mean point why no one at the meeting said yeah let's let the council you know I'm sorry but just because my point it was we made a decision it went back to art and cultural art and cultural didn't have an opinion when we were together and wanted to have this kind so that's kind of where I thought yeah there's some that feel that way and because they don't like the controversy they don't feel that they didn't join the arts commission to be involved in this level of controversy and if that's the case that may be a way for them to I think take the issue at hand and if they want to back away from it they should permanently do that and they can do that and so I think that if we just fill it here down a lot of these really important and interesting issues are not coming in Council Member Peterson Thank you I just want to clarification as I've noted already I'm not intending to support the motion as it stands but I think it would be important to clarify for those participants and others who may see the recording of this meeting etc. that motion means that we are sending our prior approval of this project and sending it back to our cultural commission or if we are keeping this project as an approved project and just sending it back for additional edits because if we are keeping our approval of this project and sending it back to our cultural commission they can't kill it there it would still have to come back to us so I'm just looking for some clarification here on you know like I said I'm not willing to send this back to the commission that already made their decision they already told us what they want in my mind at this point we are either sticking with our original approval and just working with the artists and the commission on edits and additional community input on it or we're going to kill it in the project step so I'm just looking for some kind of clarification there on what just for understanding on what the motion on the floor would what where where the project approvals that we already did would stand in the motion that's on the floor right now since this is like their story motion I'm going to give them a moment I think my motion potentially would potentially give the art commission the authority to fill the project because in fact the council is reconsidering its prior approval of the project and so I guess you could look at that altering that previous approval Hi there I just want to make sure that after council member Peterson's question for clarity Yes for the sake of discussion it does I don't know if it would be appropriate for me to suggest an amendment to the motion on a not saying on this morning but I would encourage I suppose that whatever motion goes to a vote includes whether or not we are rescinding our prior approval of this project You got to bear with me Well just that's acceptable to the maker of the motion that doesn't make me I'm answering am I hearing you confer with that and are you taking a position on that or whether it's an amendment in motion? Yeah I was saying that I accepted something on the views of recommending an amendment I'm not recommending that we do rescind or don't rescind I'm encouraging that the motion specify if we are rescinding or not at all Well then I'll add an amendment that the motion would require approval by the council So that is a friendly amendment Trump's amendment overshadowed since you are a second Do you accept? Yeah I would like to make a comment based on Kristen's earlier comments and Sam's response Yeah I just want to make sure that is that a yes to agree on the second I'd like to explain my second of Sam's original motion Okay and before we we move on we'll go on one second but we do have a clear... I do now yes but I don't have a second on the amended motion like you pointed out Okay So we'll carry on Council Member Bertrand So I second of Sam's motion because the way I understood it the city council as many of us have already said approved this project The reason why I voted to second is because we would provide the commission another opportunity to receive public input which would seem to be that some self, some in the community felt that that opportunity wasn't available So from my perspective we've already approved the project but the public may not have felt they had enough time to weigh in and in terms of going back to the commission some of the comments that come out of that new level of public involvement may bring back things to us that we might want to reconsider our confirmation of that project Sam enumerated a number of things that he heard and the testimony that we received today, excuse me and some of these points may be reasonable points for us to consider with staff recommendation one way or the other so I don't want to describe motivations to use the comments from the public in one way or the other I just think it's our duty to take public input and use that in our consideration of whether we're going to improve the project or not and to reiterate I don't think that maybe the problem maybe like Sam said the commission as opposed to say the planning commission did not take adequate measures to inform the public and that could be the case traditionally maybe we haven't done that I have been on the cultural commission so I don't know how they normally proceed but one of my points in participating in this process as a member of the city council as ever since I've been involved in the public for my early 20s is the realization that public participation is critical being able to be transparent with the public in terms of our actions and allowing for legitimate participation is important we still have the final say when I was on the task we all realized that we just made a recommendation and it's up to the city council to make that final determination which we already did but I don't see anything wrong with this and saying maybe we didn't allow for public participation and so go back to the cultural commission and allow that to happen and so that's why I seconded Sam's motion okay and talk about the return I just want to be clear if the motion takes to be that friendly amendment that would be better so some of the first story that amendment and restated it or excuse me there was no amendment she amended his own his own motion on the table and I'll second it so I think the original one still stands maybe Sam or city attorney could address that okay do you think the vice mayor's story has amended the motion and Councilmember Bertrand is that what you're saying Councilmember Bertrand that you were not seconding the original the amended motion that's what I'm saying and I want to know if the original motion still stands so if you were not seconding the amended motion with any other Councilmember like the second the amended motion can I get a clarification okay try to query can we read the motion on the table the new motion on the table please happy to so the amended version of vice mayor's stories original is to rescind the prior approval of this project send it back to the art and cultural commission for consideration to then be heard again by yourselves by council once in person council meetings have been reinstated along with sending notice to all those that live within 200 feet of the stairs plus posting notices at the top and bottom of the stairs okay thank you please my motion was not intended to require that the matter come back to the Council that it would be an art commission as to whether or not to bring it back so they would have to find a decision as to whether or not to come back to the Council with the items the way I heard you read while you were it would be required to come back to the Council and I didn't intend that so if I could if I could add something here I just checked the new commission states and duties of the art and cultural commission and it's really an advisory body to the Council is not authorized however the Council can delegate the specific duties to the art so if if right in their story that is your intent if your intent is the final decision by the art and cultural commission then then delegation of that duty should be part of your motion alternatively the authority that's necessary you know over the years that I've been on the commission the commission makes its own decisions about what it will bring to the Council we're not going to the Council and so the need is just consistent having a practice of how the commission has operated and just with resending the prior approval by the Council I'm not sure where the difference lies but whatever it takes to get my motion I am the first to say that certainly there could be practices in place that were established before my time I'm just looking I'm just doing a kind of straight read of your code and to me it is not here so their cultural commission has that authority that means that if it gets back to Council's preference I'm going to give it a B here and let Council Member Peterson don't want to make her comment Thank you. I'm prepared to make substituting motions to resend our previous approval and leave it at as two Vice Mayor's stories point our cultural commission decides what they bring forward to us so we can just resend our previous approval right now and if they decide that this therapy project is something that's really important to them and they want to go forward with then they can bring it back to us or they can send us another plan they can send us a different idea whatever they would like to do but they decide if this is something that they want to continue working on so I think that for now I would make the motion for the prior approval of this particular project as it stands now and that's my motion I think we have a first we have a second okay I'll go ahead and second that motion so we have a first and a second on the table do we have any for the Vice Mayor's or our Apologies which will come back to you okay so we have a first and a second on the table to resend the project as it is I'll just add some comments here I think all of the presentations have made about additional postage and signage and things like that I really encourage the Art and Cultural Commission to look at all of those factors and possibly create some sort of new processes and so that's why I'm comfortable with the second on the table at this time because I know they'll do a good job and new fresh ideas and I again thank all of the attendees for their comments and I hope that we can see a project come forward so we have a first and a second any for the comments? Yeah again this is a clarification this is going to be a lot more complicated than I think it's going to be so and with this motion as a substitute motion my motion was done that's going to get a ruling on that That's correct so the most recent motion on the floor is the first vote so there's a motion in the second I'm going to call the vote on this so on the second motion it was put on the floor so that would be a vote on the first if that happens it got me and that's even though I'm not going to strike that okay thank you Okay so we have a first and a second any other comments before I call the question? Yeah Yeah so I'm going to vote for this motion even though I feel very comfortable about how it originally Googled and the reason why I'm going to vote for this motion is you know this is in a way going of course the cultural commission to operate in a manner that is perhaps a little bit different than what we've done in the past and I don't know the different traditions that we have with the cultural commission but it's not the planning commission which does have pretty strict ways of involving the public maybe we should think about this in terms of the fact also do we follow adequate ways to inform the public and give them a chance to have public participation on projects obviously spending public money so they should have that option so I'm going to vote yes for this thanks for making a motion Christian okay I'm going to call the question absolutely so I have a motion from council member Peterson seconded by yourself to rescind the previous approval of this project council member Bertrand council member Kaiser council member Peterson hi vice mayor hi vice mayor story mayor Brooks hi thank you alright this item passes 3-2 and we're going to now move on to just be considerate plus from the owners of 4-3 Loma Avenue using the mounting unit size limit the restriction at associated policy vice mayor I did mayor I'm going to announce that I have a conflict on the item okay thank you we'll call you when we come back if you can hear me okay I'll turn to the rest act what do you think I mean Katie do you think you are muted there's something in the air okay good evening mayor Brooks and council on this evening the restrictions I wanted to start off with just a couple fun facts on ADUs for you and capitol housing you've all heard of our rena numbers the regional housing needs allocation numbers but for the state we get allocated to band bag for production during specific times our current rena numbers from 2015 through 2023 we're required for the state the goal is to build 143 units currently we have built 51 and the biggest gain recently has been in our ADUs so I just wanted to make you aware of how important the ADUs are as we're within our current housing crisis and to create affordable de facto affordable housing for rentals within capitol so at the latest count we had just gotten above 20 ADUs within the rena time so that since 2015 we're just above 20 so that almost makes the path of the built units since 2015 so with that I'll jump into my presentation some background on this capitol passed its first ADU ordinance back in 2003 in 2019 the state came out with a new legislation regarding ADUs and all the cities and counties across California major restrictions to their ADU ordinance due to the use of standard settles by the state of California they're now applicable within our growth capitol and in 2021 the cities have come into play in 2020 we've received quite a few inquiries regarding existing ADUs and seed restrictions specifically we've got a request from 403 Loma Avenue requesting to amend the size of that restriction we've also had a couple inquiries regarding size restrictions as well as one about owner occupancy so the 2003 restrictions that have been in place they limit that the secondary long units cannot be sold separately they also restrict the unit to be approved size they allow the permits to continue so long as the owner of record occupies either the main residence or the secondary unit if there's a lack of compliance we can revoke the permit and also the de-restriction into place until the time that there's the removal of the secondary trauma unit so first we're going to test maximum size under the old regulations you can see the table at the top of the screen the maximum size under our old regulations the maximum you could achieve 800 square feet and that was for a lot was 10,000 square feet for more many lots in Capitola were not allowed to have 80 units because a lot sizes were under 5,000 square feet so when the 2020 outstanding came into place all lots on single family and multi-family throughout the city of Capitola were now allowed to have 80 units including those lots that are less than 5,000 square feet and the size restrictions got much larger so in the bottom table there you can see the different sizes but the smallest unit is tied to a junior ADU which is 500 square feet or less that's typically inside a house and under our current code if I state law you're allowed to have a junior ADU and detach 80 on the state law so the junior ADU is the only one at 500 square feet the rest of the ADUs are at a minimum of 850 square feet and go up from there in terms of owner occupancy as I explained on the previous slide in 2003 the requirement is that the owner of record occupies the main residence or the secondary dwelling unit the one and the other it doesn't say that they have to occupy it as their primary residence so I think there are quite a few examples in Capitola where there's a primary home and an ADU the owner isn't required to be there all the time but they're required to occupy one of them just doesn't have to be their primary residence they could not rent both units the way it's drafted the 2020 update they put a sunset clause in there that from now until January 2025 that a local agency cannot impose an owner occupancy requirement on an accessory dwelling unit so at this time with our new ordinance there is no requirement for owner occupancy however you'll recall we went through the zoning code update we actually there was really good debate on this it was in our issues and options paper that first came out about ADUs and the direction at that time there was consideration by the planning commission and a recommendation to remove the owner occupancy this went to council and at that point members of the public could come out with concerns with removing owner occupancy from the deed restriction and so it was reversed the planning commission has said to remove the owner occupancy we got to the city council there was more public comment and they decided actually let's keep the owner occupancy in place because there was so much concern from the public so in fact we were moving forward with an ordinance that kept the owner occupancy and then which was adopted in 2018 and then in 2020 that was reversed by the state so in the recommendation this evening I'm not recommending that in terms of the policy to remove the owner occupancy requirements this time because I think it would be wise to see in 2025 bring this back for public comment and really work through it and see if the state requires if they allow us to bring back the owner occupancy if that's something we should be doing so that is why that's not included in the recommendation this evening because in 2025 we can reconsider and then on this slide the current deed restrictions right now states that they may not be used for vacation rentals they cannot be sold separately from the primary dwelling to limit the ADUs for junior ADUs in terms of size and owner occupancy as were allowed to do on junior ADUs for the state regulations so we did receive a request from 403 MoMA Avenue they currently have a 440 square foot ADU bill in 2011 here you're looking at the front of the home and the ADUs mind the request from the applicant to remove the deed restrictions for the size of the ADU they have submitted a current design I don't think they're attached to it or I'm not sure I can but in the design that they submitted it was an increase from 440 square feet up to 800 as I showed in the previous slide or a detached ADU they can actually go to 1200 square feet under the current state law so here's the 440 square foot ADU currently and when they were proposing it would be extra 362 square feet so in terms of the council decision tonight you have two options the council you could review the individual request as they come through of whether or not to modify the deed restrictions or as I'm recommending this evening you have the option to adopt a policy operating staff to administer administratively approve the amendment of the size limitation so my recommendation tonight is to approve the request from 403 Wilma Avenue the ADU size limitation and then also to approve the administrative policy to allow military amendments to all the ADU is the restrictions that limit the maximum size below which is permitted by the capital zoning code state law with that I'm available for questions how is there and then tell some other returns I was just clarifying that there would still be residents that didn't have the owners regardless if we just go to staff or approval rather than every happening the way the draft policy is written the owner would either have to occupy the main home or the ADU but they would have to come in and request that and writing is an application process does that answer the question thank you okay chocolate thank you very much for the presentation I have a question would be a proposed ADU addition with the entry fee on the alleyway in the back I don't know I've seen a line of the building I did not see the floor plan and where they were proposing for the door plan I know these people from McCormick neighbors and they were part of the state JSTC part excuse me another project so in terms of internal ADUs you mentioned no restriction on the slide can they go up like I assume you keep the same square foot area of the building can they go up yes for ADUs you can go up to a second story that would require planning permission or approval though okay so that would be an internal ADU and they could go up I was curious about that in terms of vacation rentals kind of the city of capitol ensures that these ADUs and other areas that people can rent in terms of vacation rentals are not excuse me the ones that are not permitted to do vacation rentals how do we control that how do we monitor that so typically if a complaint comes in we follow up on it we've also historically done a couple of weeks of vacation rentals through capitol I think it's done in a couple of years since we've done it this week but we have had staff on the internet try to identify those vacation rentals that are illegal and follow up with code enforcement do we have any way to let the public know that this is our ordinance and that if you have vacation rentals next to you and you're like out in places high then they have parties every weekend and it's driving you crazy do we have ways to let the public know this is an option we do we have and currently there's we have a packet put together on exactly where you can rent vacation rentals and process to get the permit so that is out there we don't have it set up in such a way to advertise the code enforcement on vacation rentals but we could add that as just frequently asked questions we could add that to questions or frequently asked questions that are being used but currently it's not on them maybe staffs are going to review that because I do hear complaints about things that are rented out they have no idea what's actually going on so people generally speaking don't want to complain but we also want to preserve our neighborhoods too thank you those are my two questions okay I just want to clarify questions about the staff recommendation the part about the de-restriction themselves and is this I just for clarification what's on the table this is to list the de-restriction from before right from before this came into play in 2020 is that correct is to list the de-restriction regarding the maximum size of an ADS so to list or for people who already built that or for any previously pre-2020 approved ADU and all new ADUs that were that are built past 2020 are allowed to be allowed to use new I appreciate to clarity on that and then my follow up question is about the size the limit the restrictions that limit the maximum size do you expect about 800 and the state says 1200 are we doing one or the other does it say 800 or 1200 I'm just trying to see if we're following state guidance or what's in our zoning code and if those are the same or different okay so our bring up this slide again to make it so today in 2021 reflect the state legislation and what is allowed so I'll quickly walk through this so any attached ADU that has one bedroom or less can be 50% of the existing primary dwelling for 850 square feet whichever is left if there's more than one bedroom they get a minimum or maximum 50% of the existing primary dwelling for 1000 square feet whichever is greater and I think I might have said whichever is left I should have said whichever is greater and detached ADU can go to 1200 square feet so that was the scenario 403 moment they have the ability under state law if the new restrictions precise for those 1200 square feet in internal ADU there's no maximum you definitely confer within your home up to 50% of it it's the ADU internal and a junior ADU is limited to 500 square feet you matched the state law whichever that was all I thought I think there was a say on words where I thought you had said a little bit less than what the state law was at least it was but I just want to make sure right now I'm not even there okay that was a nice question let's go to the the public for comments or questions Larry Mr. Brooks I do not see any attendees with their hands raised for this item and I do not see any emails on this item I'm going to read my blurb just to get folks an opportunity because they do not prefer any jokes to see me so we'll open but that is open now for public comments if you'd like to make a comment send an email now to thepubliccommit.ci.capitola.ca.us or to speak please raise your hand as I bring you on a reaction then quickly raise your hand in the Zoom application or if I die with star nine on your landline phone a moderator will unmute you and you'll have up to three minutes to speak we'll go ahead and throw that to our attendees and you can at the early yes just Mayor Brooks we have a gay Clemson hi there for a three moment I just wanted to address Jacques's question that the entryway is actually on the inside not on the alleyway side of the property that helps Larry I do not see any emails on the side okay we'll bring this back to council for further comment and a vote can I remember each other for comments yeah I appreciate the alignment with the state regulations like maybe we don't have any choice but I do appreciate the tenor of it you know we'll be able to provide higher housing options you know to meet arena numbers we'll provide mechanisms for residents to maybe get a little rent in a building they already own which is a good thing I think and provide an option to maybe move from the larger residents to the smaller residents I'm familiar with this residence but been in the house a couple of times and you know I can see how that would be so I would like to move the staff recommendations to approve the owner of three of them and also approve the administrative policy to allow the administrative amendment to all existing ADU these restrictions etc okay we have a first on the typical to a first implementation for item 9 D do we have a second okay we have a first and a second to approve item 9D staff recommendation which is to approve request from the owner of four of three Long Island Avenue to amend existing ADU size limit B restrictions and to approve administrative policy to allow the administrative amendment to all existing ADU restrictions that limit maximum size below permitted by the telephone thank you sorry I'm going to support this motion I just had a quick question that I should have asked earlier and I completely forgot so my apology will be three Katie you mentioned arena numbers would you say it was 152 143 and is that for the cycle that we're in now? yes do we have an estimate of or any idea of what our numbers are going to be for the next cycle the 2023 cycle of great questions so they've been starting to do assigned numbers down in southern California at this point and they're coming in much higher than the first than this last round I'm expecting I'm going to say like two to three times the amount so I think you know somewhere between three to three minutes so maybe that's a 450 yeah I've heard the numbers have been going up drastically I know Palo Alto is going to be appealing their numbers so I just wasn't sure if we had heard or get it but that was my only question thank you and just we are expecting the end of this year great thank you so our city attorney doesn't usually turn on her camera unless she needs to say something Samantha I'm just trying to I just turned on my camera because it was like you were moving towards the vote and I just like to be her TV probably you're still kind then we've got this can I have a roll call though please yes council member Bertrand I approve council member Kaiser council member Peterson aye vice mayor's story is recused mayor Brooks aye okay this item has been with four votes and one recusal from the vice mayor's story we'll now move on we have 90 this is to consider additions to the memorial program let's get vice mayor's story oh you are back there you are welcome back vice mayor's story council member Peterson right here no my apologies I left it up to last time I'll take it down now I'm just envisioning that I'm going to die of like literally when we're back in person literally want to say something so it's going to be an interesting transition okay this is item 19 I'm going to turn it over to staff thank you mayor Brooks council members let me share my screen so the item in front of you is the updated capitol memorial program kind of a history the memorials in the city capitol began in the 1990s really primarily to pay for benches to help pay for benches there are benches that explode out of the village some of the parks at that time each request for memorial benches was considered separately by the city council for approval a policy was created in 2002 which approved kind of the general locations and the number of memorial spaces they were processed on a first come first served basis in addition to memorial benches memorial plaque locations were added along the railings of the war and along the railings on grand avenue on depot hill overall the program consisted of almost 500 plaques about half of those are on benches this is in front of you again because the current approved locations are nearly full all the ocean blue locations are taken and less than 10 available benches are in city parks we have had a case where a few benches became available and the owner of the previous plaque owners did not want to redo it so the council approved amendments to the policy allowed for a lottery in that case and just for when we talk about only 10 spaces available in parks I would say somewhere around 95% of the plaques requests it may even be one of that part of the ocean view very few come for parks we have a few when people have very specific relationships to the park other than when their kids did all this stuff at j3 but very few are towards parks at the 25th city council main staff brought a list of possible locations or additional plaques primarily with ocean views as we mentioned the parks are not seen quite to demand council directed staff to investigate and to do the locations cliff abbing which overlooks the capitol ability and the long neighbor tain wall and a breast will not park in addition council comments included interest in kind of a multi memorial option and to decrease distance between memorials currently along the wharf and deep oak hill we have basically a foot distance kind of in between the posts which generally is about 8 feet unless they are part of the same family and then we allow to in that split space at this time staff is directly moving forward with the railing along cliff abbing including in that is to decrease the distance between the memorial plaques from 8 feet to 4 feet this would allow for approximately 50 memorial spaces to be in memorial plaques along that railing in addition due to the instability of the upper asphalt on park staff does not believe this is just a retaining wall should be considered a long term structure and if that is the case we have to put minerals there we have to figure out a way to get them out and so at this point in time staff is not recommending moving forward with the asphalt on park and we have not found a suitable location for ocean view type of memorial program and I think the example we use was there used to be a memorial wall sea cliff park that sort of thing we haven't found the correct space and we are going to continue to look at it for right now at this point we are recommending increasing the space to include cliff avenue this is kind of a couple pictures of it the picture on the left is kind of the end of it and as you go further down but this continues really along cliff avenue from from near the stairs to the kind of war tour I guess at the end of the park towards the end of that road at 18 park maybe so in addition we have a 30 year employee recognition program that program actually awards plaques for 30 employees on the work and as we mentioned before there is no space available on the work so the staff is recommending the new policy to be changed to when we get to a 30 year employee to put that plaque in one of the approved location council locations at that time just so you know at this point the next potentially eligible 30 year employee is at least 3 years out so we will continue to find the location but without any more space on the work we have to change that policy so the recommended action is to approve the modifications to the administrative memorial program plan program to allow additional memorial locations along cliff avenue railing and to approve the modification to the 30 year employee recognition program and with that I am available for any questions putting this out there if we need to send out more public notifications to the fact that more plaques may be put on a railing that is on Devo Hill an appropriate question Larry I don't know that you can answer that right now but maybe that's some direction yeah I mean can you give me any other questions I will remember to try to speak to me I'm sorry no problem so you know it's great to find out that we have a recognition plaque for 30 year employees do we have anything like in the office or any other place that has a list of our 30 year employees I don't know which ones they are on various plaques I'm just trying to wonder we have it as part of our memorial plaque list of those who are part of that program we don't have a separate listing out there which I can easily take out of that and kind of separate it out but the plaques are listed in our regular memorial program kind of database might be nice that's something in the lobby when people come in they know who you are or to ask them on the ocean side did you look at or check in with Frank at like maybe the 30 year being at the historical museum or did you see that there are other non-ocean options or was that on the place or future are you going to bring something like that back though well we definitely can we did not look specifically for that because again we have three years before someone is going to be eligible so we thought we would work on kind of a bigger program at this point but we can clearly do that we can set up a program so there's a specific location that may be more kind of more in tune with the employees but not for the general public you know somewhere maybe on city hall property that the employees would get to see it all the time but it may not be of the same interest to the general public but that could be something we could look at in the future thank you I know the societal limit almost in our two mile radius of the community all right let's go to the what's that name of Susanna Glina with her hand raised can you hear me I just have a quick question about the fact I'm just wondering if there are always a memorial or is considering that we have back 500 of them you know I know some of them actually will honor service and but many of them are almost like in the morium I'm just wondering if that has been discussed in the past as to whether it could be like uplifting in the morium or is it almost like you know a person's death date just curious we do not get into the contents of the blacks they can be some of them are definitely in honor but I will say the majority of them are in the morium and we I can't I can't recall when we had to do anything we faced some suggestions as far as you know most people when they come in they want to know what should I say and usually the direction is well once you go out and take a look and see out there what you would like it to say because that's usually because that's generally the most difficult part of this is finding the right language but we have not gotten into any of that we've helped maybe fit things so they can read a little better but as far as content we don't but they give an interaction on it so we have a John Galena? I just have a quick question I don't know anything about this program but who used it for me to redo it do people pay like a subscription is there a fee to these things are you trying to on-going basis or at one time can it be anybody does it have to be residents or can it be anybody you said first come first serve is it open to anybody from anywhere or is it capital lens or how does it work so it is a one time fee the plaque is good for the life of the bench or the plaque when I said renewal a couple of a few years ago we used to have storms a couple benches got destroyed in an El Nino event I think there were five that were destroyed I believe three it's kind of the previous plaque owner gets first right refusal three of them wanted new benches and two of them did not that's why we created the lottery program there is no resident qualification for this honestly a lot of people used to live in we get a lot of requests for people who may not live here but love visiting here so we don't have a resident so you're any other sort of requirement for that I do not see any emails on this topic and I don't see any additional people wishing to talk okay thank you Larry for answering those questions from the attendees and the team questions from the audience but I felt that was relevant so thank you for doing that for me okay so we'll bring this back to council for further comments and council member Kaiser is your action or your motion to have recommendations from staff you should action up with those two additions yes and just for Larry the two additions is to seek public input if necessary and the second was to look at other options for class yes thank you so we have a first on the table we have a second second man we have a first and a second we have a comment which is a roll call please council member Bertrand I agree council member Kaiser council member Peterson I vice mayor Story I mayor Brooks I don't have this unanimous claim thank you very much for moving along to item C this is the administrative policy regarding process like procedures at the city that thank you mayor Brooks I'll be presenting so if you wouldn't mind just giving me 30 seconds here to switch hats and share my screen I would really appreciate that so one second here I arrived okay I think everyone should be able to see the slideshow just a nod thank you council member Peterson you can hear me thank you very much mayor and council I know it's getting a little late so I'm just going to go through this rather quickly and if there's any questions at the end I'd be more than happy to answer them this is an item regarding a flag policy for the city of Capitola and some background you've heard actually several policies here this evening already so I think we're all aware that the city has several administrative policies that provide kind of a framework and guidelines for staff to carry out our day-to-day business and provide city services depending on the content of that admin policy the city manager can approve them or city council approves the policy so this one would be under your purview in this case the city does not currently have an administrative policy regarding the display of flags on our city flagpole and as you may remember on May 13 so the last council meeting council member Kaiser asked staff to return with an item regarding flying the LGBTQ flag for the month of June which is Pride Month so we thought this was a great opportunity to not only address that request but also write up a policy to kind of clarify a few things that staff questions occasionally so the policy draft was included in the agenda packet I'm sure you read very, with baited breath and there's yes for some reason slides don't display them correctly on my screen am I the only one or is it all going to be like a quarter of a slide and oh I'm so sorry I'm looking at them and they they look great from my perspective so much work on the slide I just wanted to make sure that it was able to stand thank you now I'm just staring at myself so let me, I'm sorry thank you for your patience you're seeing my notes or you know how about how about now this is the nightmare okay thank you okay sharing and okay great so thank you I appreciate that and I'm glad you can all see everything now now let me just see that I can move forward perfect I'm not going to repeat everything you all understand administrative policies so thank you this is came forward to address a request from council member Kaiser a couple weeks ago and we used it as an opportunity to write a fuller policy regarding just the general flying of flags at City Hall so it's mostly in two parts the first talking about procedure for when generally in a sad occasion we would fly our flag at half staff when I say flag I mean the flag of the United States as well as the flag of California and the policy really clarifies and standardizes some procedures that staff has typically followed more as a tradition so this just kind of writes everything down and makes it official I'll go into the details of that in just a moment and the second section of the policy discusses non-governmental flags how members of the public may request to fly one and a pre-approved list of non-governmental flags that council has the ability to approve and just one point to make is that as written in the policy the city flag the one in front of City Hall here in front of the police department is not considered a forum for public expression we just want to get that out of the way so for our first section regarding when flags are flown at half staff that's going to happen no question upon the authorization of the President of the United States of course the California Governor or City Council and automatically upon the death of the people listed here so this again is standardizing a procedure that is pretty much what staff has done up to this point but we wanted to get a little more specific so I'll just discuss this upon the death of a past or present city council member a current city employee or a past employee that served our city for 25 years or more and a public safety officer killed on the line of duty and employed by an agency in our county or a neighboring county and just to be clear a public safety officer includes police officers, sheriff's deputies and of course firefighters and the neighboring counties here is basically all the counties that touch our borders so of course Santa Cruz County which were within San Mateo County, Santa Clara County San Benito County or Monterey County so that's a little bit more specific that bullet and then the last being a person whose accomplishments or contributions have affected Capitola in a significant way and that would be determined by the city manager along with the mayor at the time so that's the general first half of the policy and again if there's questions I can answer them for the second part we went into what a non-governmental flag request might look like the picture is actually a nice example I was trying to think what would a non-governmental flag be this is the flag supporting the Red Cross might be something that people would want to show support for here at our city so a request to fly a non-governmental flag is subject to council approval and would include an image, a picture and dimensions of the flag upon request when is the flag being requested to be flown and should be received 60 days in advance so about 2 months before that requested time period and the approved flag will fly here in front of City Hall and replace the California State flag so not our national flag and would be the city's responsibility just meaning that we would die and find the flag gives us a little more authority to maintain the flag the way we'd like it to be and of course would also be subject to being flown at half staff if something happened to make that necessary and moving forward just to the specifics of how this came up there was a request of the public and then through council of requiser to fly what's commonly known as the pride flag for the month of June here and internationally so this is your an example of what the current approved non-governmental flag list would look like within the policy this is subject to council approval and once a flag is approved and added to this list for example this is for the month of June if you were to approve it this evening then June 2022 this flag would fly again you won't have to approve this every year so a little background that might that image might look a little different than what you're used to seeing then the more traditional just plain I don't know how a rainbow can be plain but a plain rainbow flag this is called the LGBTQ pride progress flag it was actually designed in 2018 by Daniel Quisar and it has a chevron there on the left that is kind of was added to really emphasize inclusion diversity and the baby blue and white are more representative of the trans community so really emphasizing all the different aspects to the LGBTQ community so I just thought that might be a question and really that's the basics like I said I'd be happy to answer questions our recommendation this evening is for council to approve our proposed policy v18 outdoor display of governmental and non-governmental flags on city property and our staff to fly the pride flag for the month of June in accordance with the 5th section of our policy so thank you very much and I am available to answer any questions yeah Chloe come out if there's a conflict like we have something now for potentially for pride month but something else comes up that council wants to recognize that's an excellent question and I'll be honest I'm making up an answer my assumption would be if something's already up on the flag pole you know it's there it's already been approved but I'd be curious if anyone has an opinion on that this is a policy your the council's approving so I think slight changes could be made at this time and if the city manager has a perspective on that that might be helpful as well can we put up two flags and have three all together I talked to the city manager about this but it's great so I don't think that that's the typical format that people use for a couple of reasons what I think is most pragmatic is that there's two pole units at the top so I think just in terms of raising and lowering but I also think traditionally you would place a safe flag that's how it usually does and Sam if you have anything to add to that please okay any other questions from council I think that this is an opportunity for attendees to comment if you'd like to make a comment send an email now to publiccomment at ci.copicolor.ca.us when a speech please raise your hand now by clicking on reaction then clicking raise hand in your zoom application or by down star 9 on your landline oh the moderator is on you Mayor Brooks I do not see any attendees with their hands raised on this item and I do not see any emails on this item because I want to draw this meeting out as long as possible speak forward why not Mayor do you want to click for a comment yes I do not see attendees with their hands raised and then there are no emails on this item not the council for further comment any votes council member Peter says thank you council member Kaiser for bringing up the recommendation that we fly the pride flag this coming month and I appreciate the work of staff to consider all of our flag procedures at once so I think this is a great opportunity and I would like to make a motion to approve the staff recommendation and fly the pride flag thank you council member Kaiser yeah I want to give a huge shout out to staff thank you so much for putting in the work we have another first and a second any other comments from council at this time let's bring this back for a vote and I will also please yes council member Bertrand hi Bruce council member Kaiser council member Peterson vice mayor vice mayor story hi and mayor Brooks hi this item passes unanimously everyone that filled my heart so much this is item 10 adjournment thank you council honestly for your exceptional work and your continued work to find equity and to work with our community and all of these members and our participants this evening for sharing your thoughts and your comments tonight and staff for your ongoing work and commitment to our city as well please remember to find a good and others and yourself good night everyone good bye