 Well, let's do pledged illusions first, right? Okay Before we sit down, I'd like a moment of silence and recognition of the People who died and defended us on 9 11. Thank you Roll call Councilmember story here Councilmember Peterson here councilmember Brooks here councilmember botard here mayor Bertrand here Like to recognize that Kingston Rivera is running the channel tonight and that could be on the Website also if you're not watching tonight. Thank you very much With that we have some presentations And I'd like to make a proclamation is Mary Smith here Yes, okay. I practice this at least three or four times So sometimes my enunciation is not so great But this is the city of capital is mayor proclamation honoring Jacob's heart Children's cancer support services and declaring this month 2019 as childhood cancer awareness month Whereas national childhood cancer awareness month Inspires us all to tell the stories of the brave children who battle cancer every day and thank the loved ones and health care professionals and communities who lift them up Each year one and two hundred and eighty five children in our country are diagnosed with cancer Despite improved survival rates cancer remains the leading cause of death by disease amongst children Families of children with cancer in the city of a capitol a Receive essential services from Jacob's heart children's cancer support services a local organization That has gained national awards and recognition for improving the quality of life for hundreds of local children with cancer and their family members Jacob's heart holds the memories and honors legacies of hundreds of children from our local community Who have been lost to cancer? Ensuring that their precious memories will never be forgotten The oncology department at Lucille Packard Children's Hospital at Stanford has worked closely with Jacob's heart for the past 21 years as his trusted community member in providing care that addresses the emotional Practical and financial struggles for families of children with cancer in capitol a and beyond Two-thirds of children cancer patients will have chronic health conditions as a result of their treatment toxicity Let us renew our commitment to prevent treat and cure childhood cancer and Together ensure that all children can experience the full and healthy lives. They deserve Now therefore, I shock Bertrand mayor of the city, California Capitola hereby declare September as childhood cancer awareness month in the city of capitol and honor Jacob's heart children's cancer support services for 21 years about Standing support to our community and I have a proclamation for you Month and extend an invitation to all of you to our kid rages carnival on Sunday September 29th It's the Watsonville Plaza from 12 to 4. Hope you could be make it and support our families Moving on to Let's see Where are we on this? Yeah, to be update on cities Compensation 457 plan for employees. Thank you. Thank you. Good evening mayor and council As I'm sure you're all aware the city of capitol offers a voluntary deferred compensation plan in which employees are able to defer a Portion of their income on a pre-tax basis to save for retirement There's currently 26 active employees as well as 32 retired employees participating in the plan And I'd like to point out that there's no cost to the city for this employee benefit all fees associated or play paid by the employees and Retirees that are participating in the plan our current plan is Administrated by ICMA and they charge point nine percent of an administrative fee for the assets under management And it came to staff's attention that that seemed like it was a little bit on the high side So we contacted ICMA and tried to negotiate the fee reduction and we weren't successful in that effort So we issued an RFP in mid-January and received five proposals in mid July which included a proposal from ICMA which had a reduced fee and then also from cbiz Empower nationwide and boy, which are some of the bigger players in the deferred compensation market if you will We then put together a selection committee that consisted of one employee each from the POA Ace and mid-manage mid-management bargaining units as well as myself That selection committee met last week and unanimously unanimously agreed that boyer offered the best value with their fees at point three five percent What that will translate into for employees depending on what their situation is is savings anywhere from twenty to eighty seven thousand dollars Over the course of their career in reduced fees with the average active employee saving about forty five thousand dollars over a twenty year time frame This transition to the new plan is which I just had the first kickoff call this morning Transitions going to take ten to fourteen weeks and during that time I'll be sending out correspondence to employees as well as retirees on what the changes will entail and what their new investment options will be and Then once that transition is complete We're going to set up some workshops that are hosted by boyer here on site and help employees with their retirement planning So just wanted to provide that update this evening. Thank you. Thank you very much So we did not have a closed session So are there any additional materials none? Okay, great. So This time we're open for public comments on any item that's not on today's agenda So please come to the dais and if you'd like identify yourself Hi, good evening council members. My name is Shannon Munn's I'm the communication specialist with the Santa Cruz County Regional Transportation Commission And I'm here tonight to let you all know about a number of vacancies We have on our elderly and disabled transportation advisory committee So this is an important committee to the RTC Community members work with RTC staff and commissioners to identify and meet transportation needs of people living with disabilities senior citizens and low-income communities So citizen committees such as this are vital to the work that the RTC does as they advise the commission on critical transportation related issues policies Plans programs and projects that infect the entire community Currently we have a number of vacancies on this committee including a representative for the Capitola area and an alternate And a number of other throughout the county. So we're trying to do a really robust Recruitment to get that's committee fully staffed because it really is vital to have people from all over the county on that committee So I just wanted to let you all know about that tonight And if you have any ideas of people that might be a good fit from this area, please let us know We're gonna be doing We're gonna be doing recruiting through the end of November and then hopefully in December see people on that committee and get it Build so I do have some flyers here if anybody is interested It has all the eligibility criteria and stuff that you can hand out and it has our email and phone number people can email us call us but Again, we would love any input that you have if you have any ideas of people who might be a good fit We'd love to get representation from Capitola. Okay, great Linda you could You could publicize this on okay. Thanks Sam. Yeah, thank you. Actually a question Thank you for coming And to fill the e and d tag But I was wondering if you could let the audience know and out on the TV as well if there are any particular qualifications Required to be eligible the only eligibility required. Let me actually there on here. Let me just read them off what they are Okay, so to be eligible you need to meet one of the following requirements either be 60 years or older Be a transit rider 60 years or older be a person living with a disability be a para trans transit rider Or be a representative from a service that works with seniors and disabled individuals So you only have to meet one of those criteria Thank you. That's great. And also, what are the kind of expectations if someone were interested What would they be getting themselves into or how could they go find out? Okay, so This committee meets every other month. They meet the second Tuesday of every other month 1 30 to 3 30 p.m They work on a number of projects During that time some of the things that they've recently worked on they created an annual unmet para transit and transit needs list They identified accessible pedestrian network improvements throughout the county They came up with a list of specialized transportation service providers in the area So just all kinds of different things to really Reach help that community be able to move around the county more so and we only ask that they meet every other month That's a minimal commitment But we really would love the input and we want as many community members involved in that as we can get Okay, thank you. Thank you I might add that the people on this committee get a firsthand look at many of the things that make it to the RTC board So their input is appreciated Please come forward Hi there, I'm Gail and I Have come up here before and my only purpose tonight is to Bring attention to a health hazard in our community that is so ubiquitous that we don't even know it exists and it relates to the cancer that children are experiencing and Illustrate my point. I want to bring this. I'm going to give you a copy of this article Where parents demanded the removal of a cell tower from an elementary school after four students and three teachers developed cancer The cell tower was on the playground for ten years It takes time to develop a tumor They say The parents threatened to pull their children from this school unless the tower was removed they Actually had to keep two hundred children more than half of the children out of school and they finally did plan to remove this tower so This microwave radiation which is in our cell phones in our pockets Under our desks in a Wi-Fi router in our businesses and offices and libraries by the way, France is removing Will not allow Wi-Fi in nurseries and preschools This is so ubiquitous. We don't know what it is. There's no way we would accept this technology if we really knew what it was Because the experts won't Such as Barry Trower He is a retired British Royal Navy microwave weapons expert who came out of retirement just to alarm people about this technology There is an increase in colorectal cancer in young people So anyway, I'll read a little bit of this article Efforts to reduce colon and rectal cancers have been a striking success story for those over 50 years old Incidents among older Americans declined 32% between 2000 and 2013 to largely to better screening But the story for young adults is very different those born around 1990 now face four times the risk of developing rectal cancer and twice the risk of colon cancer in their 20s Compared to those born around 1950 according to the American Cancer Society Even though the rates are still relatively low According to the National Cancer Institute's most recent annual report released last week colorectal cancer is The most common cancer among men between the age of 20 and 49 No one can explain this apparent contradiction Dr. Lee told microwave news known risk factors for colorectal cancer include obesity and unhealthy diet and lack of physical activity But the younger generations are more conscious with better diets So I will give you a copy of this. Thank you for that information. I appreciate it In the future, I'll give you some experts. You can consult with okay that information tonight. Okay. Thanks for coming this evening We have another person. Thank you. Yes Hello, I'm Cherie McCoy Capitola homeowner and resident for over 21 years and My comments are regarding that Capitola street safety as well as the Capitola mall Presentation given by Merlone and got guy or partners back in June 11th And I want to thanks Steve public works for meeting with me I did contact them and so I told them I have lots of great ideas on how to use the space for our good and Three minutes goes real fast. So I will present to you and owed to Times Square lovely Capitola 268 miles 10,000 people living here with beautiful smiles Traffic study was done on 41st claims Capitola is no safer. Matter of fact, it's worse Especially the corner 41st and Claire's to resolve traffic issues there. Nobody dares It's right by the ghost town Capitola mall, which we all agree needs a major overhaul Dining shopping movies just a thin disguise huge residential complex Capitola be wise Yes, real estate is lucrative more so than clothes Don't let them pave the way right under our nose Friends and family gathering now isn't that worthy? Don't mind the living units here 630 1 2 bedroom units and space for a car 1100 spaces is that going too far? Two three five stories that Village Hotel below depends on how you look at it. How low can we go? Old people drive at night. That's what they say traffic impact will be life for the rest of the day Optimize the transit center now that would be nice a Population Band-Aid so you better think twice more people more cars. What are you doing to us? Not all the new residents will be riding a bus and just think they're all driving on 41st Capitola's quaint community about to burst the Times Square Mecca Built to bring in money more people will be driving there now. Isn't that funny? Capitola, please weld that will the great power you're owning be careful when considering Property rezoning outdoor restaurant dining a great place to go yet Capitola doesn't need a Santana row Entertainment complex now. That's what we need not a Capitola sell out for money for greed Thank you. Thank you. Thank you for the record Appreciate that Okay Anyone else that would like to speak Okay, seeing none. Let's bring it back to item 7 appointment of the children's network Yeah, six well we just finished six that's public comments fix Well, I have here on eight so maybe it's out of order on what I've got here No, okay. Yeah, we usually do the city council comments after public comments, but on here it's out of order Okay, any comments from the city council members? I have none. Okay. I do. Okay, I do I just like so I was able to visit New Brighton middle school today and meet with the principal and assistant Principal and I just received some really good feedback about the after-school pilot program That's just recently kicked off. They were really excited to have Nikki and her team out there and they were ranting and raving on how great it is and They did mention to me that There are some families who are unable to afford the program at this time when we discussed it at the last meeting It was brought up. So I'm hoping that staff can maybe bring forward Some options and creating a scholarship program or some sort of from the dedicated children's fund for the after-school pilot program and Thank you again to Nikki and her team. They like I said, they were so pleased with the program Okay, I have no comments myself So then on to boards and commissions good question. Yes, Mr. Say man, is there any funds left available that we didn't allocate in the children's fund? There are we have unallocated children's fund revenue from this year Would something like that be something we could consider meeting the criteria Yeah, I think it's staff can identify a number of options and put it on a future agenda. Okay. Thank you Okay, words and commissions So who's going to give this report for a point in the city? We had a request to Appoint an alternate to the children's network cabinet council member Brooks is our representative and she was hoping to have some backup We received an application from Kristen Murphy, who is the principal of Soquel elementary I don't believe she's in the audience with their Folder she didn't need to be here this evening, but we are recommending her appointment as the alternate It's after school night tonight. She couldn't make it. Well, that Do we need an action Is there a motion? Yeah, I move that we Prove Kristen Murphy is the city's alternate on the children's network cabinet But I was just suggested I mean the same if there was any public comment on the action, okay Seeing none bring it back to the vote, which we just did okay it passes So let's go on to a reappointment of historical Museum board youth member. Yes last year around the same time. We had our first youth Appointment to one of our advisory boards. That was Joshua Henshaw Who joins the museum trustees that worked out very well. He has asked To join them for a second term and they have recommended that so if we buy vote you would like to Assign him to a second term. We will keep him at work Okay, any comments from the board here? Any comments from those in attendance? Seeing none. Is there a motion? I move reappointment second second. Okay. All those in favor. Hi. Okay So let's move on to the consent agenda So we have a number of things on the consent agenda Are there any items that people would like to remove and discuss later? I had some questions about item C Okay Maybe there would be fairly quick This is the senator's metro record system Should we discuss now or should you hold it to the end of the agenda tonight? You just said he had some questions that's correct. Yes, so Yeah, it's the mayor's prerogative of I'm not problem with you answering questions. I think that would be fairly quick. Yes I think so too Yes, thank you On the contract it mentions that there would be some cost savings to the city But I was wondering if there was any estimate of how much the cost savings would be and they didn't seem to be any Quantifiable numbers about what the total cost of you know the participation Would be and I'm just wondering if that's maybe still pending or Mr. Mayor councilmember story so this item is to amend and memorandum of understanding that we've had Historically with the other cities in the county What at least Watsonville capitol and Santa Cruz to jointly provide records management services to do it together? The amendment in front of you this evening is to add Santa Cruz County as I have I guess that would be a fourth member to our records management system The net effect of that decreases our percentage of the overall cost My recollection. I don't have the staff report in front of me Actually, I have the backup data in front of you But I think it take us from about six per so sorry about eight and a half percent to about six percent of the total pro CRMS costs The complicating factor is that at the same time we're also purchasing a new records management system that was something that we've been going through the last year or so we talked about in the budget and so the records management's Whole cost structure is going up by a factor of about 3x this next he's got last couple of years So even though our percentage of the overall MOU is going down our cost went from around I want to say About ten thousand a year to about thirty thousand dollars a year Which is where they're going to be for for the next ten years when we pay off this record management system Okay, is that yeah, no, I I got that so our share is going down To six percent about the total expenditures because of new equipment I guess the bottom line is the amount that we budgeted in In our 1920 budget thirty four thousand nine twenty one. Is that sufficient to cover? Yes Yes, so we those packages when we adopted the 911 in the SCR mess budget up in the 911 center this year We anticipated those costs We actually are a little bit high this year, so the costs in the coming years will decrease a little bit Okay, great. Thank you one final question, and this is on page packet page 30 There's a reference to support the co-plogic citizen reporting system. I just is that a Like a business name or that was a co-plogic. What I think I would need to defer to our chief on that one Sorry to have to have you come up here for that, but I'm putting you at the end next on it Evening mayor Bertrand council members cop logic is a cop logic is a specific vendor Name this but utilized by all law enforcement in virtually all of northern, California to information exchange program Managed and housed out of Santa Clara County. We participate in the region here as members of cop logic. Okay, great Thank you. Okay. Thank you. I'd like to recognize Ed. He has a question about item eight B Yeah, I just have a quick comment on B I see a limited amount of people in the audience and I think I know exactly what the people here are for so I'm just Going to ask Katharine Parker. Are you here for item B? Is that the one that's interested you or you're for another item? Yeah, you did write a letter and I just wanted to acknowledge that you wrote a letter and Just want to see if you'd allow her to make her comments before. Yeah If you don't have a comment, I have Well, I read your letter and I think I'll go ahead and respond and I think this is a good time for you to Introduce it to our new city attorney We have a new city attorney Our contract had expired and your comments was about you know our need to have consultants or better information for the things That are going to involve us in the future And I want you know that part of the reason we chose this firm is they were more diversified They bring specialty people in all the areas one of those was coastal commission So without having to hire a consultant we have so many more Services at our at our just better available to us. So I just want to let you know that That's a road. We're proceeding on Okay, and I didn't want you to sit around all night if that's what you're here for so I was gonna ask what was going to ask for comments from the public So that would have been your time to talk but thanks for bringing that up So I will now ask for comments for the public. There's any comments that You're welcome to come forward. No Okay, so that's going to come back to us later So is there a motion on the consent calendar motion to adopt consent calendar? Second. All those in favor aye Okay, we move on to general government public hearings nine a Application for the capital village and war business proven association to display banners and holiday reese and trees in the village staff report please Good evening mayor and council item said we're Taking our first application for a village decoration Give me a little bit of background The BIA wharf and village BIA has Given us actually two applications one is for putting banners on a street light poles throughout the village and the second is for the holiday Decorations that they've done in the past which have consisted on a reese on the street poles and holiday trees at the intersection of Stockton Avenue One at the mercantile one at cap av and Monterey. These are the typical locations where we see the holiday trees in the village So just to give you a quick map Obviously, this is the Esplanade and capital Avenue So the street lights they've identified that all have banner hangers on them are in the areas where there are businesses so along cap Avenue along one side of Stockton Avenue along The Esplanade to the point of San Jose in the area where there are no businesses along the Esplanade There would be no banners hanging hung in that area. They did include some banners along San Jose Avenue and then the tree locations as I said One from a quality market one from the mercantile one from a Sousa's ice cream over here So I just To have two slides on the proposed banners that they have Included in their applications or pitchers taken throughout the village Couple banners ten of them. I think the BIA plans to kind of use different banners on different poles at different times depending on What for example the one back here with the dining would probably be along the Esplanade These would be along the Esplanade some of the other ones would be along capital So I think they intend to use a mixture of these as we go through Looking at the application and compliance with the policy The policy requires that the banners or the decorations promote the city or the village and in this case they do do that There's no advertising many specific business or product and the BA has the required insurance So from that standpoint they do comply with the policy That really concludes my report and the actions there so there's two applications here One is for the streetlight decorations, which includes the banners and the reefs on the street lights in the second application is for the holiday trees You could take separate actions and treat these separately if you want or they could be both under one action Be happy to answer any questions any questions of Steve Okay On the pictures that were displayed there are those examples or are those actual pictures that they are considering using so we do have a BIA representative Anthony from Me hosts and I think he can answer that Hardo in the BIA those are ones that we would like to use We've kind of gone through the stock take of what we've had that doesn't represent businesses doesn't represent the Venetians Kind of feedback, but like I said, this is something we're gonna try to do We would be seasonal and throughout the year so we'd like your feedback so we can get it right the first time Prefer to do it right that we can use them year-round and multiple years and we want to go with the higher quality That's gonna last three or four or five years rather than something that's gonna blow away with the wind after one I appreciate that as me. Thank you. Yeah, well before you go may I mayor? Anthony I wanted to ask you about the banners will they be framed, you know, so there Will maintain their integrity or they're just gonna go hanging. They won't be framed But they will be the like this seems out there. We're using pleasure point design But they were going with a higher quality one than we've used in the past I think last year or two years ago. We had a different ones that didn't really last up when they were a cheaper brand These are gonna be a little higher quality so that the images don't fade with the Sun or with the weather That they're really high res so they should last pretty well That was what the quote we got was that they would be be pretty pretty durable Right and will they be affixed To the light poles at the top and the bottom so they maintain that right visual integrity That's great and some that will have will be double-sided based on where on the streets that we're gonna put up. Yeah, great. Thank you Okay, any questions from the audience on this Thank you for coming Seeing none bring it back for an action here and I do have some comments on my own So I went around to various businesses in the village today and Try to find someone who was involved in Choosing the banners and putting this program together and I only found one person But I did get an interesting comment and one of the comment of this comment was basically referred to the city Working with the BIA in a more proactive way on a number of things not just these banners But Christmas decorations and other actions like that to sort of have a joint way of moving together before something comes before the city council So I'm just proposing that we ask the BIA and you're a rep, you know to see if that's really an issue I don't want to see a problem Address that's not there and if it is an issue maybe come back to city council and we could move on from there Are you looking for my comment on that? Yes? Yeah? I mean my understanding is that the city council having a representative to the BIA is a way for the BIA in the city to work together if there's recommendations for further Collaboration or or other ways for the city in the BIA to Come together if it's Further meetings joint meetings public forums whatever that may be I'm sure that the Membership would be open to it or at least I would be open to bringing it to the membership If there if there are other recommendations for how we can all best work together. Okay, great So I wasn't sure if it's a big issue, but you know if it comes up or you could ask So I looked for car and she wasn't around and such but I look for other people to zero motion or any more questions or answer I thought a comment. Yeah Yeah I'm glad it's in two emotions because I see one is I just want to acknowledge that I think the trees the last couple years have been fabulous guys hit a homerun on that and the wreaths I Did a great some people have suggested they could be larger. I'll leave that up to you guys But but I think that that is great and on on that item I'm prepared to make a motion that we adopt item two for the wreaths and trees I'll second that and on item one with the banners. I have concerns about the banners I think what I'm reading in this is these are seasonal banners So if it's a seasonal banner that means they're up in all the seasons which pretty much means there will be a banner of some time Up year-round and I think it's great They're going to be colorful and they're going to be lively and they're going to spread it but I'm concerned about the content in the pictures and the quality of the pictures and so my recommendation is that prior to approving that policy or it's part of that policy and try to be consistent with our administrative policy on village decorations is that the pictures be submitted to the Art and Cultural Commission and Then if they find the pictures to be pleasing or suitable Then they can be brought to the city council, which is part of the the process for final approval And that's my motion any comments on this is there a second to it first. I have some comments In addition to that it's just for additional feedback for you Anthony is that There's a clear lack of diversity in the photos and there are no children represented in any of them So that would be my charge to if it's the art and cultural or whomever at that time to really look at that to make sure that that's included Do you like that would be a friendly amendment to my motion, please? I'm still looking for a second Sam you have some comments. Well, I was waiting to see if there's a second Oh, I'm so well. No, we don't have a second yet. There's comments at this point That was on the trees and the reed. Yeah, just a motion on this one Okay, so we're we're not we don't have a second yet. We're just getting comments We're discussing the second item before we're voting on the first My recommendation is to take the first item first vote on it and then you can make a Well, it was put in that order. So we're okay So we're still discussing item one and we don't have a second on that No, we do have it on item one We have a second was motion by Ed and second trees and Reese was a motion in a second And that's this item two on this that's correct. It is item two, but it was the motion Okay, so, okay, I was going back to I'm one. Okay, so if we want to have a vote on item two that would be great So yes, there is a second person. Okay. All those in favor. Hi. Okay. Let's go back to item one The pictures I mean the Reese banners banners, excuse me Okay, there's a motion, but no second at this point Is there a second you looking at me you had something to say Well, I'm not gonna say until I hear a second. So I'll second it for discussion's sake It's motion with the amendment for a diversity. Okay. So I'll second for discussion sake Yeah, thank you. If I may I appreciate, you know where this is coming from and trying to have a review of what goes into a village I think that's important I Think I do have a concern a couple of concerns as one You know, we have already established this new policy and we've put in the BIA through that hurdle To meet it come forth with it. They've done that and they've submitted, you know, their Images and their design which I think for the most part are Are very appropriate and will enhance the village If there are going to be a review of Any other posters I would be concerned about Having that go to the arts commission and particularly where criteria are concerning content are issues of diversity I Think that that would be going beyond what the arts commission is Established to do And If there is the will of this council to do that I think you should at least put it before the arts commission and let them accept that mandate Before imposing it on them So I guess that's what I would request is that it be made as a request to the arts commission and allowing them to maybe reject that request So though those are my comments Kristen I have a Question, I'm sorry. I'm looking through the Streetscape decoration policy and forgive me if I'm misquoting you Councilman for bot worth but you mentioned that it was in the policy that it needs to go to the arts commission No, I said policy says all things go to the city council. Yeah, right. Oh, okay. Okay. My apologies. I misunderstood I'd like to be a representative come first So I just want to confirm something In talking to merchants today. I found out that there is a timeline issue here And if you could comment on that because that could be appropriate right now I mean there's a timeline issue But if we're not if we can't get it right the first time then they're not up now So we would like to get them up for a certain time, but if we can't then okay I thought there was a contractor, so it was just mentioned. There's a timeline issue I mean the pie a timeline on a quote, but other than that, I mean, I'm sure they'll honor the price regardless of when we do it Okay, okay, that was my consideration We would like to get them up We had some ideas and what we would like to get them up before the holidays before surfing Sanin Into the holiday season, but if we can't then you know, we'll take it back to the drawing board and try to fix it How long did they take to make? I mean, I'm just how much time do we have here? Two weeks to make them. So okay, so the fall. Okay, something like that Okay, if we have you know something that we can come back by mid-October give us a month try to figure it out That's up to you guys. Okay mid-October would work. Okay Mr. Mayor. Yes, so Thinking back to the genesis of this policy, which was the change in the light character Which obviously was how we got to the stage where we created a policy and brought things to City Council for review I think the biggest challenge around the lights was the process by which the BIA went about picking and identifying a change for the lights and As a suggestion that that might be what we want to see here is Rather than bringing a design to the council and then having the council approve it and we find out later that it's not Universally adored suddenly the council would be owning this artistic choice And so maybe the direction rather than going to the art commission is is Have the BIA identify a process for the selection of our work and there's a number of different ways in which they could do that I'm not suggesting that I know what exact it's exactly would be best for them Whether it's an Instagram contest whether it's going to the art and cultural commission whether it's a poll of all their membership. I Think you could give that direction and say look we want you to just go through a process Ensure that there is there has been that process so that you can feel comfortable signing off on what it is Just to toss that out as a suggestion Um Sir, what was the process in this week in this particular case? We pulled with our communications manager We pulled as much stock photos we could took maybe 40 photos 15 of us that are on the board or attend the marketing events committee that volunteer kind of went through the photos Nixed what didn't follow in the policy, which would be anything had to do business or lodging And tried to find some stuff that would fit and represent the theme of the community Of what we had we don't have a lot of photos We have what we could take and the ones we've used over the years I mean the one on the bike that was probably from two years ago So really the people that Decided on these photos are the ones that volunteer their time and then come to the meetings come to the marketing events And you know put their input and volunteer their time Yeah, please and then Kristen. Yeah, what I'm trying to avoid here is the dilemma we got into with the lights and and I do believe, you know, we have many commissions that work for us when we have parking problems We used to refer them to the parking commission We have an art and culture commission that serves at the will of the council And I'm thinking that this is the body that we have that it's got an artist on it It's got I mean I shouldn't be making the decisions about what pictures are going on the banners And I appreciate that the vi has done their best effort to solicit the ones that they think Are pleasing but we have a commission that's recognized for their Their taste and if we give them with a task that their main purpose is to serve the will of the council That's why we appoint those the people on that commission So I don't I think that this is a good step to take These banners are going to be printed. They could be used for multiple years Whatever we put on those banners should be something pleasing and something represents capitol And I'm worried about the quality of the pictures that are on there So this is like a small step to guarantee that we can come back here and support the bia I'm all about the the the science. I'm all about a seasonal Distribution, but I just want to make sure that the quality of what we put out There is something that has somebody who's concerned about that reviewing it. So, okay Kristen I have a couple question I'm not sure if this would be for our city attorney or city manager or for the council as a whole But I've got a couple comments slash questions The first one that I own personally is that I am embarrassed to admit that I did not Ignore notice the lack of diversity in these banners previously and as someone who is committed to diversity equity and inclusion I am embarrassed to admit that I did not notice that Um, and it isn't and it is important Um, the second I have a question. There's 10. It was there a limit to 10 banners No, that was just to the pricing rise. We had I think like 25 But we figured the 10 down based on what we would need and some duplicates That's kind of what we favored would work And sure budget so I'm curious as to if the council has any interest in approving any of them in piece meal And saying we like these and the rest we would prefer reconsideration or if we would say Or if not That's my question My personal opinion is I don't feel like I'm qualified to pick art. So I I would defer to a commission That's why I rec made the recommendation To answer if that's a no, sure, okay There's word word the shot Okay Okay, call for a vote on this. Um, oh, we don't have a we do have Oh, yeah, yeah, there is a motion and you seconded it. Um Well, if I could more comment to respond to ed's suggestion And maybe try to express my concern. I mean one I have confidence that the bia is going to function um in the interest of Of their own businesses, uh, and therefore the city as a whole Um, I think this is different from the lights because if any of these turn out To be inappropriate offensive to a majority of the people That easily removed and we can give direction to do that Some that we always have that authority um And maybe that will come through the arts commission. Who knows? um But to me there's a difference between because this is This is commercial art um And I don't believe that the arts commission Is has any more expertise in commercial what may be appropriately commercially As opposed to their artistic and aesthetic The views And i'm also concerned about putting the arts commission at odds with the bia So I would just Caution and request that if the council is interested in doing this That it runs it by both bodies And get their input on this procedure and seeing if they are willing to accept That mandate Of just imposing upon them and expecting them to do the right thing That may not happen. It may not go in a direction That we You know expected to So those are just and as the your representative on the arts commission Those are my comments and and hopefully you will take them to heart. Thank you So I I you know, let me interject here. Um I can see that as a motion that we first go to the bia And the arts commission to see if this procedure would work First and then come back to the city council depending on that input Well, I'll propose that as an amendment to the motion Well, you can make that as a substitute motion and we can vote on that first if that passes Yeah, not a substitute. I wasn't trying to substitute the motion, but just amend the motion Okay, would you accept that? Amendment would be that we would take this matter Of course, I mean back to the bia and to the arts commission and to get the input on their reactions to the proposal And that it come back to the council before It's mandated that this be the procedure I don't necessarily have a problem with that. It just delays the process and I'm trying to expedite this with them I felt that if we made a decision tonight, if we could get this to the arts commission They could make a decision rather quickly and then let the bia make their direction I think what's happened is the bia has selected a group of pictures So I don't see it as complicated I think they could you know if they submit the pictures the arts commission may say all of them are fine Or some of them are not or there's lacking diversity Or maybe the quality of these isn't the kind of thing that they'd like to see on a banner I mean, I I do have tremendous respect for the art commission. I've yielded them on many occasions And I just don't see why we're not willing to use a commission that's that that serves the will of the council And I believe the bia is really uh, they want to do the right thing. That's the message I get here Okay, they the trees are Not anything new and neither with the Reese and and this is something new and and we need to treat it as something new and And I'm sorry. We need to learn from the mistakes we made in the past. So I I'm I don't I'm I'm reluctant to accept the amendment because I'm trying not to delay the process because I think that would pretty much That process would you're suggesting would take them out of the first quarter. I believe it wouldn't work Can I make an amendment to the proposed amendment? Make your substitute amendment I guess what I would say is if if the question is either we take it to the arts And cultural commission or we ask the arts and and cultural commission Is there uh, could we find the common ground of we recommend that the art and cultural commission review it? And if they decline to do so then it just comes back to us I accept that I accept that amendment. Is that a fair go between? I mean, we're still essentially asking them if they will and if they choose not to they choose not to Yeah, I view that as the same result as asking them. You're asking them. You're not telling them That they have to be in this position and insert themselves into this position So it would be a recommendation that they review that they have the right to decline And when when we made recommendations to the former parking commission, we made numerous recommendations We recommended the parking commission review this steve. I think you can verify that happened numerous times Oh, it's not an unusual practice. The purpose of the commission is to serve the will of the council Okay, so we have a motion with two Amendments, yes So one for diversity and one to go to the arts commission to Ask them if they would like to be involved in Yes diversity in children diversity in children, okay So, um Are there any more comments? Well, I'll just and so, you know, um the arts commission just had their meeting Um last Tuesday they won't meet again until the Um, uh, October 1st, October 8th. Yeah, first Tuesday second Tuesday and October And can the bi uh attend that meeting so that um, there's open to the public anyone? Can you yeah, but I'm just asking it might be a good idea for the bi to come Yeah, great and um, could that be part of the discussion? Okay, uh, roll call vote, please Council member story. Hi council member Peterson. Hi council member Brooks. Hi council member bachdorf. Hi, and mayor britchand. Hi Okay, so Both have passed So let's go on to strategic plan Item 9b recreation strategic plan group update evening Mr. Mayor council members The item I have before you is to um the To consider appointing a representative for the recreation strategic plan the core team that is gathering with blue point in order to Conduct the program review so this, um Core team is currently identified Um a list of stakeholder groups in our community that have some interest in recreation past present future Um, and this is the list here before you Um individuals from those stakeholder groups have been contacted and invited to Join the core team and so far the core team is um About 10 individuals so that includes staff and this stakeholder group um ideally the ceiling for that number would be 15 individuals and So part of this council could uh, see if there is any other stakeholder groups That might be of interest, but um for part of the project this stakeholder Um group and staff will meet in order to Kind of implement this timeline Um, which will begin with a kind of a kickoff Um conference call with the entire group in order to kind of set the stage so that we can be efficient in our first meeting um That will hopefully happen in um, october And at that first meeting it will be reviewing existing conditions and do kind of some visioning and goal setting Um for how we want to move forward with a strategic plan at which point there can be a report back to council Um, and then the core team will again meet in november potentially december depending upon How the workflow is going At which point that core team will work on strategies or recommendations or process of The information that we might have gathered from a community meeting Um, so that in december we will have a strategic plan to Um offer to council for review Um And so At this point It's council discretion to appoint a representative To this core team We there It is a it's a hopefully a very rich group of individuals already and We will be reporting back on several levels or if there wants to be council representation on that group We would invite that as well Any questions Okay, um, I don't know if anyone's interested in being honest. I am interested, but I'd like to know if anyone else is interested Yeah, I'm just oh we could go to public comment, but I was responding to that. Okay, so any public comment Sorry, I'm being reminded. I'm really thankful for the attention from my city council members here Okay Ed, I mean, no, I'm thinking it's great that you're volunteering back to the city council. Okay So I'd like to have two on it because I see You know, there's several of us that are very concerned about that's my thought several is a concern about children's activities and reaching out to children to be more involved in what the park and rec gives and um Actually, I would like to propose two representatives from city council And I'm thinking you'd be better Kristen. I recommend Sam's story. Okay I thought for sure you were going to go for that one. Okay. You're one reason why I wanted to recommend two. Okay Sam Will you have a young on your heart on on your running around your house? So maybe I do I do um very energetic young You know, I'm happy to serve If that's the will of the council And um But I'm a bit surprised because it was councilwoman brooks who actually proposed this strategic planning planning process And the focus on youth activities and other engagements concerning our recreational department. And so I was just a little surprised to see her Um Passing the buck so to speak so but if she's willing to reconsider I'll certainly uh Step aside. Mr. Mayor. I would offer it, you know, they're One of the purposes of forwarding community groups is to get input into these sorts of plans that the council can Then weigh and to some degree having too many council members at the table sometimes tends to influence the outcome So there is an argument for maybe having less council participation because at the end of the day You're going to be called upon to adopt it and you want to see the best recommendation possible from this group of of constituents So that that I don't know if it changes your thinking about having two council members on the committee But it's certainly one factor to consider. Thank you city manager Yeah Come yes, I tend to agree with the city manager. I I I'm There's already I think nicky mentioned that, you know, ideally or something are optimum would be maybe not more than 15 people there's already a dozen people there And I think, you know, putting two people on to um, uh, two council people on the meeting It makes it top heavy and and I think the idea that nicky's got this great diversified group is Is to get a lot of input and and I wouldn't want it to look like we're making the decision I really like to feel like this is coming from the public I'd almost be to the point where I wouldn't even want to have a representative But since the mayor eagerly wanted to volunteer, I think it'd be okay if there was one person But I'm afraid that two people would be top heavy That's my recommendation Okay, well, if I just that makes a lot of sense to me and uh with that I'm reluctantly willing to step aside I'll make a motion that we just have the mayor represent us on this committee Second But I do have a question before we vote Sorry, I I didn't have a question earlier and I just an amendment or a question. No just a question just a question um in the And excuse me, this might just be my uh ignorance but in the Staff report it lists the stakeholder groups and one of them at the bottom is sports renter Is that a company or is it just like anyone that? rents sports, uh, so mr. Mayo council members we, um Manage several rentals field rentals soccer and our softball And tennis and so we wanted to have representation of individuals that rent those spaces Um as that is a big part of recreation, but maybe a little bit more of an invisible part So that's what that sports renter had a hard time phrasing that now that makes perfect sense. Thank you Okay, um all those in favor Hi Before you go nicky. Um, this is a little off the subject, but You know, I was talking to some people who play tennis here in capitola and um this one guy He suffered an injury recently and he couldn't play singles or you know doubles or whatever But he did mention that he'd like a a wall You know a practice wall and he went I mean I was stuck He was there for about 20 minutes telling me why a tennis wall would be great As an addition. So I just like to put it out there for you No walls Why no walls are good for if you're a tennis player building bridges now walls, okay I think you know what I'm talking about. Okay. I know it's the cip thing. So Okay, thank you. I just want to say thanks for all your hard work and you're really doing a great job in recreation I just wanted to acknowledge that Thank you very much. Yeah, you came up at our mayor's meeting and um they were Ted and um You know, mr. Good's all sort of very pleased with your presentation at the uh, trustee meeting and there's a lot of excitement um Whatever you're doing is great. Thank you. Thank you very much So, um It's wrong here again. So I guess it's item c introduced an ordinance many in capitol Recreation by the We're on to item 9c So I guess jim is here for this. Thank you Good evening mayor and council. Uh, as the mayor said this next item is city council member compensation By way of background, you know march 23rd 2006 city council adopted ordinance number 901 adding section 2.04.275 to the capitol municipal code Which uh adjusted city council member salaries to $500 per month Which became effective following the november 2006 election On march 14th of this year the council requested that the fact The finance advisory committee or fact review council member compensation in that review took place on may 22nd at our regular finance advisory committee meeting Uh, just to provide a little bit of history council member salaries initially were established at 75 dollars per month in uh, february of 1966 And then increased to a hundred and fifty dollars per month in july of 1977 Then 300 a month in july of 1991 and then as previously stated $500 per month in march of 06 The california government code allows for an increase of up to five percent for each calendar year since the last adjustment And any increase approved does not go into effect until after the next municipal election Which again the last increase was in december of 2006 increasing it from 300 to 500 per month And the max at that time was 624 Maximum compensation for this adjustment would be calculated out to december of 2020 and that amount is 990 per month During the review by the um finance advisory committee We looked at comparable cities that are listed on the slide Those are the same comparable cities that we're using for the employee compensation study that's currently underway And so it's uh, santa cruz watsville marina seaside carmel As well as pacific grove scott's valley pismo beach monoray gilroy and hollister And we looked at the the salary of the mayor some some cities have a higher salary for the mayor than the council We looked at population overall revenue out of their financial statements and revenue per capita and then compared What we have here in capitola against the average as well as the median along those The count the the fact had a pretty spirited conversation around this topic And eventually landed on making a recommendation to increase the salaries by 20 to 600 per month And approve a first reading of the ordinance as the recommendation is to approve the first reading of the ordinance amending the municipal code Again, the increase would not go into effect until november of 2020 following the election The maximum again is 990 and i wanted to point out that both uh, mayor batron and Vice mayor peterson are on the finance advisory committee They abstained from voting on this item And the their participation in the conversation was basically responding to questions from the other finance advisory committee members If approved the fiscal impact is $7,000 a year Which would begin in fiscal year 2021 first year would be about half that amount and then 7 000 going forward And that's 6 000 for the salaries and thousand dollar mostly in employer payroll taxes And that completes my presentation. I'd be happy to answer any questions One clarification I just want to make and jim did say this but I think it's worth stressing is because it's a little bit of an Unusual format for us staff isn't making a recommendation on this We are conveying the finance advisory committee's recommendation So if that didn't come through or just just for anyone in the audience who's watching so that's this is clear Any questions of jim? Any questions on sam sorry? Yeah, um, I just wanted to clarify one thing In the staff report on the recommended action it says Um $600 per month or members of the city council to be effective upon the start of new terms of office Following the november 2020 general municipal election Not all council members will be starting new terms at that date So will those seats how will that work because the ordinance itself just says That the salary will be $600 per month While commencing december 2020 the salary room for city council members Shall be $600 per month With no reference to new terms It it would have yeah, it would apply to all council members So yeah, so the new term is just that's just like a trigger point correct We're gonna tie it to the next election correct and that's that's in the government code great. Thank you So it just applies to the newly elected people No, it applies to all council members. Oh, I misunderstood. Okay, whether they're reelected or or in the middle of their But at that stage of election correct I was thinking I wasn't gonna get anything anyway, so Okay, so any more questions Any questions from people in the audience? Okay, bringing it back for discussion Ed I think this is a great idea I think that about a year ago we I'd let a Ordinance to remove pensions from council members And my reasoning behind that was I think it's important to pay council members for what they do now not for what they do later And I think this kind of falls in line with that. I think that the statistics definitely showed that the council members across the board are under compensated and I you know, I would have been in favor of going even higher I think it's important to pay people while they're here doing the job I don't think it's as I stated a year ago that that we should be Paying for compensation beyond the time you serve but while you're serving I I think it's reasonable. I I would have supported more, but I'm make a motion to adopt $600 Is there a second I'll second Any other comments? Hold on Oh, Susan city attorney did you go out for public? We didn't know if you went out. Thank you very much. You did do that. Okay. I actually did it on my own. No, I did Okay event I have no comment. Oh, okay. Just wanted Kristen So In a way, it's a hard one for me to decide because I don't think any of us are up here to You know pay for Things on our budget at home and stuff like that So primarily to me It's um if this passes It's a it's a recognition that the city values our contribution And like I said the first time this was mentioned as an item I think We all recognize that everyone involved in Civil service on whatever level Has nothing to do with compensation. I think it has a lot to do with how much you put out for the community because you love it and So I will support this motion And if it does get passed, I appreciate the fact that Other members of the city council feel the same way so All those in motion now all those in favor. Hi. Hi, so it passes. Thank you very much So let's move on to item 9d environmental consultant for capitol and mall redevelopment report, please Good evening mayor and council before you tonight is Another step in building our team for the capitol and mall redevelopment project This evening. I'll present to you the environmental consultant that and the process we went through So in may of 2019, we posted the rfqs. There was a 30 day period in which Proposals came in we did receive six qualifications Staff reviewed the qualifications and we selected three that came to the top Based on previous experience And on july 17th, we had a panel of interviewers that was made up of two staff members here at the city A representative from the county that works with the environmental review process in their planning department as well as The principal planner from the city of santa cruz upon that review We dudek came to the top dudek's a local firm that is from santa cruz and after Identifying dudek does the top selected firm We worked with them through during the month of august on their scope and exactly an eir is pretty It's a technical review of the project and just really defining that scope and their pricing So this evening we're looking to Formalize a contract with dudek their scope of work will include the project initiation the eir scoping And having a scoping meeting on the project preparing the administrative draft eir, which will be publicized and reviewed Through a draft eir After the draft eir is completed. They'll update based on Comments and produce a final eir Mitigation monitoring and reporting will be put into place within their report And then they'll have their sequa findings and then it will become go before the planning commission and city council with the final project At during public hearings the total contract cost with the not to exceed amount is $276,000 $276,470 With that it's quite an extensive Amount of work that they'll be putting forth The contract will be paid for by the developer They'll be typically we have a 21 percent administrative fee that we include on to any Contracts that the city administers for a developer project with this one A previous our planner planning consultant jas consulting will be managing this contract for us So the admin fee the admin Cost will be if we've decreased it to five percent to cover like billing costs and administrative Responsibilities of the city, but we thought it would not be fair to do the complete 21 percent as I won't be the person managing this contract It'll be our consultant With my oversight. So tonight we're recommending that the City council authorize the city manager to award the contract to dudek for $276,470 for the environmental Services for sequa Related to the mall redevelopment project with that. I'm happy to answer any questions you may have One question from ed any that Yeah, I'm not sure about the the the range of the scope and how far you know you can answer that But my consideration is is I have some concerns about what is on or not on that property And would the scope include the impact of a possible hotel on that site? If a hotel were proposed on the site, then it would look into that it would scope that as well So it's going to be based on the when the submittal by by merlone guy or not about what what we're going to request in there If it's not in their proposal, then it wouldn't be explored So I I should be clear that I'll go back and just discuss process a little bit. Um, we're Right now. Um, the project will be reviewed as a conceptual review there. It's a plan development that they've are Will ultimately be applying for but within our plan development process The applicant is required to go through a conceptual review for first to make sure that the public benefits that they're Suggesting meet the quality or Meet the qualifications of what the city would like to see So During that initial phase if the city is requesting a hotel when the actual plan development comes in if they've agreed to it That'll be reviewed as part of the overall project. Thank you for that explanation So my question is related to the actual Scope of services plan several times. They mention optional tasks. Is that included? They just sound so great. So I'm just want to make sure that it's they're included In the in the agreement that the city manager would be they are yep the two optional tasks are included and then not to exceed them out and um The the subcommittee chose this agency and I noticed and I read that they worked and they have worked in santa coups county Before um, can you talk a little bit about if they have a relation? They've had a previous relationship with merlot greyer and they're They're familiarity with capitol and so forth. Sure. Um, I do understand after they were selected for this Merlot dudek was is also They're doing an amendment. I'm sorry. I'm gonna they're right now down at their They were hired to do another job. There's there's a project that they're working on currently that's being modified And I do understand there is a relationship it's a That they're they've hired them to do a separate review of an amendment to a previous eir but in terms of That they're with the team that we have it's not related to dudek dudek's a very large firm Um, I don't have the employee number Of ham, but I think several hundred employees and they do have a presence throughout california. So, okay So dudek has worked for I think all of the local jurisdictions here in santa cruz county They've worked for the city of capitol in the past and I do understand that they as the community development director suggested They are working on another merlot greyer project. I believe it's the luguna hills project Um, so yeah, there are connections both to the city and other merlot greyer projects And and just because i'm not from them, that's to our benefit, right that they have that familiarity doesn't hurt us in any way to that they Do you know what I Are you following? I mean, absolutely at the end of the day the city Emerlone geyer is in the same page that we need to have an adequate legally defensible environmental document and the city will be defended in any Legal challenge if that were to come about Um Would be defended by merlot geyer So we have the exact same interest in parent preparing the best possible environmental document that can withstand a legal challenge And so they're their familiarity with our city our region and these types of projects in the asset Thank you Yeah, thank you And going through this scope of work There seems to be Little in timeline And I think that's appropriate because we don't yet know what the project fully is going to be and how long the sequel public review and analysis may take Other than under Dudeks when they talk about the notice of preparation they talk about a 30 day period That seemed to be a fixed time But and that right now it feels kind of short But do we have the ability to extend times? And as we work through this process Without having an effect that bottom line And and I understand that that's mostly merlot geyer's bottom line but Will we be able to take the time we need to do this in the appropriate way Without having the cost Go up So that that is a trick to all EIRs is timing and cost as you get public comment on these I think the process that we have in place with the conceptual review of the application prior to the actual application comes in Will be it will take additional time in the overall scope of things rather than just submitting an application But it does save them. I believe in the long run For asking for additional changes and modifications to the plan because the conceptual review you have that early feedback prior to the EIR moving forward and them understanding What the council desires in the project and bringing forth a project that they know will work So I do think in that in that sense you'll be saving them time by getting those early the early comments in And then of course during the the process they'll have to If if time, you know Time is of importance. I think for the developer of course But anytime we need in order to make sure that everything's been reviewed thoroughly and we have the best and most accurate information We'll be taking that time to ensure that All right, thank you one. I had one other question In their scope of work, um in in terms of the deliverables the final deliverable they're on the EIR They talk about hard copies, but they also talk about cd roms I haven't heard that terminology used and In technological terms ages ago So I was wondering. I mean Could we add memory sticks or? I'll highlight that for them. I'm sure it's just standard language. Thank you And maybe I mean maybe a few cd roms, but Floppy desks don't have a cd realm on my computer. I want to floppy desks Anyway, it's out that those my comments. Thank you Have a quick follow-up on on page 86 it it does mention Um In the cost it's actually in the cost estimate changes in the project description anticipated one year schedule So so does that mean that these items one through eight? Total are anticipated to take about a year. That's okay. Thank you Okay, any more questions. I have none and is there a Motion to recommend that this contract be awarded so moved and any excuse me Hold on any comments from the audience place Okay, I hear a motion. I'll second the motion Uh christin made the motion and um all those in favor. Hi. Hi. So passes Okay Thank you very much for that report So let's move on to the last item 9e Ordinance Unisport code pertaining to development agreements Okay, also in preparation for the mall redevelopment project. Um, so This evening before you is a draft ordinance for a development agreement Ordinance and and what is a development agreement a development agreement is a contract between a developer and the city It's a a tool that you can utilize for planning that allows Greater latitude within a development to advance the policies of the city So your general plan policies and a greater latitude within projects It also allows the public agency to have more flexibility in the conditions that will and requirements of a project and for the developer they get assurances through the project entitlements so there's The contract that's put into place provides Clarity for both parties and knowing what the outcome will be The development agreement in the draft ordinance It will define the duration the permitted uses the density and intensity of uses Height the maximum building size and dedications. There'll be an indemnification Clause benefits to the city will be outlined In any additional terms and conditions So within these you're allowed to ask for additional benefits to the city and it's all written out within an agreement The development agreement process that we've drafted So within the state law we're allowed to move forward with the development agreement Without having an ordinance in place the purpose for this ordinance is really to outline the process for the applicant and To have a more transparent process when a developer comes in So within our development agreement process We've laid out the initial review of when they come in and bring in an application and the city process for the planning department making sure that the Application is complete from there it steps into negotiations and that is at the direction of the city manager The when the project is reviewed ultimately the development agreement is reviewed by the planning commission and given a recommendation City council will actually take the action on the development agreement And then it is executed within state law. It has to be executed I believe it's within 10 days and that's what's in our ordinance and then the We set annual reviews tied to a development agreement So all the agreements that are put in place if there's timelines for say the establishment of a park Or a other public benefit in an annual we'd have an annual review of the development agreement And making sure they're on track and if they're not on track Amending the agreement and the agreement timelines. So and there's also a way within a development agreement That's in our ordinance to specify that if they weren't to carry through with their obligations What the process is to um nullify a development agreement? So With that staff is recommending the approval of the first ordinance of the development agreement ordinance And I'm happy to answer any questions. Thank you Okay This might be a question for our new city manager Welcome, you just promoted me. I think Journey Excuse me Excuse me that I have the much easier job Oh boy Maybe you knew something She's blushing. Yes. I'm so sorry So Reading this over there is some verbiage beginning on page 89 Uh regarding low income housing developments. It's mentioned again on page 90 and When thinking about the definition of low low income housing, I'm curious if that ties us to that Exactly if instead we chose to Focus on workforce housing or senior housing, you know, there's a lot of other terminologies. So my question is does this tie us to that? That's a good question. Um, and I think the answer is no, however, we could broaden the language to Make it clear that it doesn't, you know, in general the purpose section of an ordinance is um, It's not necessarily a limitation. So even though I don't think the language ties us to I think affordable housing is the term that The code uses and then that's where it talks about income restrictions based on area median income AMI 80 120 100 I don't think that ties this ties us to that but I was talking about this with the city manager and If you would like We came up with someone. Oh my goodness. Wow So were you guys reading my mind? So this might address your question. I think this would broaden the language a bit So this is in the intent section two And the language would Councilwoman Brooks was Highlighting the word low income here and this is said changes it to say Facilitates the development of complex projects and then provides examples such as multi-faith projects income restricted housing developments And development of all public service So if you wanted to look at something like workforce housing you would almost certainly still income restrict those units It would just be to a higher income than that which is contemplated in the codes in state law So you would probably restricting workforce housing to Whatever 120 to 140 or 140 to 160. So it would still be income restricted So I think this would capture your concern And I guess my follow-up question is that we're not restricting ourselves. This would not be restricting ourselves too much I don't think so, which is we talked about that as well, which is I think if you add in such as I think you make it very clear that these are just examples of projects that could be governed by development agreements It's not an exhaustive list And then I guess the the follow-up is that we would continue using that language on any other agreements documents and so forth And or perhaps with our zoning code updates I don't know if like all of that do we do we need to find continuity with within all documents From here on out regarding low how we use that terminology You know what I'm do you I don't think I don't think we do I'd want to know exactly where in your code You're referencing it, but I I just I think income restricted is so broad That it would capture any other references in your code Okay, I just wouldn't want to be challenged to that they would come back and say well in your zoning code or you know Or your local I'm getting them usually mixed up the local Plan or whatever general plan, you know, I don't want us to to be charged with that like oh, hey No, here it says something different Versus here and I wouldn't want them. I wouldn't want that to be an argument So I think you'll be fine if you broaden the language here, which is what this would do Okay, as opposed to narrow it. Thank you be good Welcome city attorney. Thank you very much. I'm happy to be here Yeah, is just out of curiosity is there Is this to imply that any housing multi unit housing development that is an income restricted does not require a development agreement So development agreements Generally are only entered into voluntarily between the city and a developer Why since I've been here we have not had a development agreement on any project So really it would come about it's really these complex projects the last development agreement that I know that the city entered into was for brown ranch There is a minor exception In that in our affordable housing overlay I think we require development to utilize the affordable housing overlay to get a development agreement But we've never had an application for it So Is there any reason that we wouldn't just say housing developments Instead of having anything to do with income I mean if the if if what we're saying is that we're trying to facilitate development And don't get me wrong. I'm on all about facilitating development specifically for income restricted and and and whatnot Um, I guess I'm just trying to understand further Why we're including the low income aspect of it in general rather than just saying that how we're we're facilitating the development of housing So nothing I think that you put in here particularly with this language as it reads now Which is facilitates the development of complex housing projects or complex projects Nothing here is going to limit you in how you use development agreements down the road And so development agreements really come about when there's a complex project It's going to be built out over a number of years. There's impacts on public services There's things the developer is going to do there's going to be impacts on our streets and roads And so we're trying to come to some sort of negotiated agreement about what they're going to do and what we're going to do Um, oh, okay. Does that help? Yeah. Yeah, it does. Yeah, I I would add that practically Any multi-phase development that includes housing will almost certainly include affordable housing because the city has inclusionary housing Orgnets, okay, okay, or income restricted housing right now. You're right right now I don't think your iho contemplates Housing other than what is defined as affordable But if you wanted to broaden that you could and it would necessarily be a part of housing developments. Okay Okay, I think I understand now. So this isn't necessarily um saying that larger housing developments wouldn't need a Development agreement, but it's indicating that if there's going to be income restricted housing then the developers would thereby therefore be Required to stick to that agreement within the development agreement to have those income restricted units They couldn't later say we're not going to have income restricted units because that would be in the development agreement That's right. Okay. And again almost any multi-phase development The developer will almost certainly want to enter into A development agreement in order to vest the entitlements. Okay Thank you No, my question was answered. Thank you And I'm fine with this too, so Thank you very much any comments from the Public that is here tonight Seeing none back to city council fraction I'll motion to adopt the ordinance Do you want with the amendment presented by staff second? Okay, with the amendment although some favor. I so passes. Thank you very much Meeting is over. Thank you very much