 We'll call the meeting to order for the regular council meeting of Tuesday, November 20th. May I have a roll call please? Councilmember Harlan? Here. Councilmember Botthorff? Here. Mayor Termini? Here. Please rise and 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 it stands, one nation under God, indivisible with liberty and justice for all. Welcome everyone. Tonight's meeting is being cablecast live on Charter Communications Cable TV Channel 8 and will be rebroadcast on Saturday on Charter Channel 71 and Comcast Channel 25 as usual. Lynn Dutton is our producer back there and we will move on to presentations. I'm sure a moment many of us have been looking forward to. I'd like to invite Eddie Ray Garcia up to the front. Okay, there's your camera. There's your mark. There we go. I'm not going to say anything about your good side. Well, honoring Eddie Ray Garcia upon his retirement and more than 30 years of service to the City of Capitola, whereas Eddie Ray Garcia joined the staff of the City of Capitola on October 31st, 1988 as a park maintenance worker was promoted to street supervisor in 1995 and was again promoted to maintenance superintendent in 2012. He will officially retire on December 31st, 2018 after more than 30 years of outstanding and meritorious service to the residents of Capitola and whereas Eddie Ray has done an outstanding job of leading the Public Works maintenance crews for the past 23 years. He has ensured the safety of the crew, trained the crew, and led by example by stepping up and working side by side with the crew and whereas Eddie Ray has been an invaluable member of the Public Works team in responding to disasters both large and small and keeping the city streets, facilities and parks safe and secure and whereas during his tenure he has worked to ensure the success of 30 Wharf to Wharf races, 30 art and wine festivals, and numerous other events. Whereas Eddie Ray is widely recognized by business owners and residents throughout the city for his tireless devotion to the well-being of Capitola and whereas his dedication was honored on September 2002 with the recognition of excellence from the City of Capitola for his work on coordinating the Bagonia Festival both as a city employee and as a volunteer and again in May 2004 as the Chamber of Commerce Man of the Year. Whereas in 2002 he helped develop the city's mission, vision and value statement. Now therefore I, Michael Termini, Mayor of the City of Capitola on behalf of the City Council, city staff and the entire Capitola community to hereby commend and thank Eddie Ray Garcia for three decades of excellent and dedicated service. Thank you. Is it too late to change my mind? Thank you very much. I really appreciate everything that the City of Capitola has done for me. It's given me an opportunity to work here. It's given me an opportunity to meet and become friends with many people here and I can't thank him enough so thank you very much. Also I would like to recognize my lovely wife Julia for everything she's. I have to say I don't know if we could pull off a Bagonia Festival without you. You're amazing. I don't know if we could do an Art and Wine Festival without you. You are the go-to guy. Whenever something has to be done no one ever doubts that you call Eddie and it just happens. It is you are truly a marvel. Excellent and if you get bored I have two or three committees that you can sit on tomorrow. It's no problem. I always tell everybody we all have a shelf life and I've reached mine so thank you. Okay we'll go on to report on closed session. Thank you Mayor Termini. Tonight the three of you, Council Member Harlan, Council Member Brotorf and Mayor Termini met in closed session with the City Manager myself. We had one item of anticipated litigation on the Council agenda tonight. We gave the Council a status report on that item and the Council took no reportable action in closed session. Thank you and let the record show that Council Member Bertrand has arrived. Welcome Jacques. Good to see you. Okay are there any additions or deletions to the agenda or additional material? We received one public comment item for 9C. Very good. We go on to the public comment portion of tonight's meeting. Anyone in the audience who would like to approach and address the Council on items not on tonight's agenda, step forward. Karen Hanna, the famous Karen Hanna. Good evening. Everybody's left but I just I want to just say what a great job Eddie Ray's always done and how excited we are about Matt who I think is going to be stepping up and taking on those responsibilities but he's been doing an awesome job and interacting really well with the village so I see that his excellent example is going to carry forward so I'm pretty excited about that. The crew has been doing a wonderful job of working with the merchants decorating the village and and also Triad Electric is going to step up and help a little bit so I think it's gonna look really awesome so I want to invite everybody to the tree lighting ceremony which is going to be Saturday afternoon after the Surfing Santa event and so the tree lighting will be about five o'clock there'll be some caroling we're gonna have a band in the afternoon there'll be a lot of fun things with along with Surfing Santa so that event is gonna be a little bit better including a lot of giveaways of some gift certificates and things so even if you don't have kids to come down to bring down to Santa we really encourage everybody to come down anyway because it's an adorable event and and I think there gonna be a lot of little extras this year to make it fun and then everybody's welcome to come down and Carol at the tree lighting at five o'clock thank you very good thank you karn and if you haven't visited and seen the Surfing Santa take some time and watch we have the best Santa Claus in the world step right up good evening everyone my name is Jay Brown I just moved here a year ago from San Diego California I live in the village now Kristen is actually my next-door neighbor and so I'm here because I recently met one of the owners of one of the stores here capital the reef his name is Devin and Devin and I got to talking got into deep conversation and he was vulnerable with me and sharing his bout with anxiety as well as other emotional things going on for him and so I just happened to be in the field of human optimans optimization I'm an expert in that field I train corporate executives athletes and entertainers and help them with dealing with their stress overwhelm and physical elements as well and so what I proposed to Devin is I could work with him and have since done so begun working with him and then he shared with me that within the village during this time of year business tends to slow down I as I understand it's a vacation town so makes a lot of sense and as a result the owners that have been speaking with Devin has shared how they have also some anxiety and stress during this time of year as most of us do right during the holidays and so we are doing an event on November 30th at capital the reef and the purpose and intention of the event is to share certain techniques and tools that are available to basically any human being that can help them through their stressful times all very natural alternative modalities is what we're going to share there as well as kind of a dial CVD we're going to be selling it now at capital the reef as I know to this day there's not another place in the village here that offers any type of CVD so we are presenting an opportunity for people to come join us on November 30th learn these techniques sample some of the CVD that we have available that we're going to be offering there and thank you for having me very good and I'm sure you'll want to confer with our chief of police in the back to make sure that the sale of CVD at the reef is keeping on the right side of the law absolutely I you know in in all honor and respect to everyone the city you know the the citizens here will have the conversations that I know we need to have in order to make sure that everyone is safe and taking care and thanks for taking care of my friend Devin he's a great guy I love him yeah thank you big heart anyone else would like to address the council seeing that we'll bring it back for council comments Stephanie we have a group in town that's called the friends of the capitol a library that we started a couple years ago to support the library and encourage community activities at the library and so we have a really nice committee if anybody is interested in joining the friends and the friends also is raising some good amount of money for the new library so we can have a few extra things and it's not kind of money that the other fundraising committee is raising but we're trying to help with however we can we have free space at the mall we did have a space right in the front next to Starbucks the front entrance but there and others they got they lease that so we've moved down on the across from the capitol of police office on the way to target so if you haven't been in the mall you don't want to get anything else in the mall come in at least by some good used books and CDs and other things dollar for a paperback two dollars for hardbacks we have a wonderful selection people also are bringing us boxes of books and bags of books all the time so we have I think one member who has close to a hundred boxes in her garage but we need more because we're going to be staffed more between Thanksgiving and Christmas right now we're open Thursday Fridays Friday Saturday Sunday from 11 12 to 5 or 5 ish but we're going to try to add some more days Thursday and Wednesday and whatever days we find volunteers to work there so please come and support the library get some Christmas presents there for your friends I can attest the bargains are pretty good so I'm Stephanie and I are going to do a presentation here before the City Council covering some of the senior issues that are in this community and the one I'll talk about right now is senior loneliness so yeah we're gonna do that later I just want to let the public know that that's one of the ones we're going to cover thank you as I was preparing for this meeting tonight with things on the agenda I began reminiscing a little bit I realized I've been on the City Council for six years and the entire time I've been here I've shared this position with Stephanie Harlan and Mike Termini and I kind of dawned on me that this will be the last time the three of us will be deciding what happens in the City of Capitola and I was kind of a special moment and I just I reflect on a couple things I know that a couple times I've told people I live in Capitola and one of the questions they ask is is Mike Termini still the mayor there so there's a perception that he's always the mayor so it's fitting that tonight he's closing out this meeting as the mayor and with Stephanie I know Stephanie one thing always matters to you as you always are concerned and hopeful that the City Council votes unanimously so it's my hope that at least one time tonight we can vote unanimously it'll happen and I will tell you that there was one moment about oh two two or three years ago when I was walking through the village with Dennis Norton who was the mayor at the time and someone came up and introduced themselves to us and and shook my hand and addressed me as the mayor and as that person left Dennis looked at me and he goes you're always the mayor you're just always the mayor this last week I had the pleasure of presiding over a really momentous event and that was the groundbreaking for our library we brought 40 or 45 chairs and 150 people showed up it was standing room only it was amazing our major donors were there a library patrons were there the library staff was there it was really a feel-good moment and three days later our old library disappeared it took exactly one day for that library to go away and now the the hard work begins but I'm really excited about it let us move on to our consent agenda these are items taken with a single vote unless someone from the audience or someone on the council would like to pull an item what's your pleasure council adopt the consent agenda second all in favor I opposed we'll move on to general government public hearings first item approve a contract with the city of Santa Cruz for beach lifeguard services mr. city manager are you giving the report on this our chief is coming up no maybe I think I can cover it here I know we're expecting like several chiefs to fill the room we have a couple of them we're lousy with you tonight Mr. Mayor members of the council this evening on your agenda is a contract an extension of a contract with Santa Cruz Marine Safety for one year to continue lifeguard tower services on Capitola Beach you'll recall that we entered in first entered into a contract with Santa Cruz Marine Safety in 2012 they've been providing tower services on Capitola Beach ever since most recently we had a three-year contract with them which was first just under seventy five thousand dollars a year ended up being a flat contract for three years and that ended in 2018 we've proposed a one-year contract we've negotiated some changes there's obviously an increase in cost due to some extra hours we've added into the contract in addition obviously the cost of risen for Santa Cruz fire to provide those services this is a one-year contract we are also been in conversations with central fire protection districts about a potential transfer to them where they would provide beach lifeguards on our beach and in addition we're hoping this summer that they can provide junior lifeguard instructor training services so we've been working with them and the regional statewide junior guard lifeguard association to make sure that that works out so with that I'm available for any questions and I know we have both Chief Hall and Chief Frawley here in the audience if you'd like to ask them any questions as well council questions of staff Larry could I have you come up here and adjust the the microphone we're getting some feedback for some reason yes I'm so in terms of our getting an idea with central how they're going to work with the marine to Santa Cruz how's that going to work out how's that interaction going to work so I've met with both Chief Hall individually and Chief Hall and Chief Frawley and we talked about I'll have Chief Frawley maybe chime in a little bit but we've been talking about a potential process this winter where central potentially shadows Santa Cruz marine safety during the off season it sort of learns the ropes so that come a year from now when it comes time to begin to prepare to fully staff and operate the lifeguard program that central is ready to roll yeah that's why I'm interested welcome to you thank you mayor members of council Jim Frawley Santa Cruz fire chief and first I'd just like to say that we are always honored and grateful to be able to provide lifeguard services to the city capitol I think we've had a great relationship over the last six to seven years and look forward to next year we always stand ready to help protect the beaches here within capitol and all throughout Santa Cruz County and I know that Chief Hall echoes those same sentiments but I'll let him speak on his own we this year I know that it's been an interesting conversation let's say with regards to the junior guards and the protection of the lifeguard services for the beach and and we've been working together very closely to to come to to find a good resolution and I think that I think the city manager as well as Chief Hall are working very diligently and effectively towards that solution what the city of Santa Cruz and the marine safety division can provide is that that experienced training the opportunity for shadow the opportunity for support and we've we stand ready to do that all of this year I made that offer personally to both the city manager as well as to Chief Hall and and we'll see how that transitions I am hopeful I expect good things and so that's I I'm here to help support sort of the question as well as the effort and I will now turn it over to Chief Hall if he would like to speak Chief Farley let me just let me just say while you're up here you know since 2012 this has been a this has been a win-win for the city of Capitola and I believe for Santa Cruz and your people have performed and not beyond admirably I couldn't can't say enough good things about it thank you very much I appreciate that and we'll like I said we'll always be here to make sure that the beaches are safe chief welcome good evening Mayor members of the council you know you want to catch your breath I know you ran over here it was a pretty quick one I'm on a whirlwind this evening I've actually got a board meeting going right now as well so I just want to say thank you for the opportunity to speak this evening on the marine safety division and the the lifeguard services I believe the city of Santa Cruz has done a great service as you mentioned to Capitola we believe we've got some big shoes to fill but we also believe that we're up for the challenge and we have staff that are ready to come in we have staff that are ready to shadow the city of Santa Cruz between now and next summer or next season I should say and then plan on taking over the reins in 2020 so we know that there are some hoops to jump and we know that there are rules and regulations that need to be followed and we're prepared to do that and again through the guidance and tutelage of the city of Santa Cruz we believe that we can provide that service for you and looking forward to the partnership any questions I'd like to say I'm glad you've stepped forward and I'm glad of the cooperation with Santa Cruz and you are right there's big shoes to fill there but more than that I'm really happy that your unit you know is willing to step forward and and feel that thank you for us I really appreciate that any other questions anyone from the public like to address the council seeing none we'll bring it back Ed yeah I want to echo the sentiments of the mayor chief fraule I want to thank you and your department for the excellent service you provided for us I've talked many times with the people out there they're excellent quality service and I applaud you for wanting to go ahead and help us any way you can to take over this program and and also encourage chief fraule to work diligently to provide service here I think it's a great situation with that I'll make a motion to adopt staff recommendation second any further discussion all in favor I opposed it's unanimous there's a unanimous vote it we're going to keep rolling here two in a row thank you fire fighting professionals and beach lifeguard professionals chief chief chief no there's three back there okay let's go on to reviewing a recommendation for junior guard fees we have our recreation department manager in front of us welcome so there's the city manager gonna jump in okay Nikki is gonna take over this presentation this is Nikki Brian I introduced her at a recent meeting she's our new recreation supervisor she's gonna be presenting this evening about junior guard and camp fees for this coming summer Nikki mr. mayor council members good evening so as Jamie says I'm here to talk about our fee schedule for for Camp Capitola and junior guards so Camp Capitola the last time those fees were increased was in 2012 for junior guard it was 2016 and in that time a lot has changed particularly the minimum wage the state of California has implemented in a regular increase in minimum wage to the point that we will be at $12 per hour for the next summer season it'll take effect in January of this coming year the consumer price index has increased almost 20% over that period as well as it compared to other similar type programs junior guard programs as well as other similar day camp programs we are at a lower percentage our fees are at a lower percentage than compared to those programs so what I'd like to propose is that for this upcoming season that we increase for Camp Capitola this increase fees so that for an two-week all-day session the resident fee would increase to $278 and the non-resident fee would increase to 325 for a half-day program which is often purchased by individuals that are participating in junior guard because junior guard takes place on either a morning session or an afternoon session so individuals that participate in junior guard oftentimes choose half-day Camp Capitola as well so this would be relevant for the next slide so half-day proposed fee would increase to 140 for resident 187 for non-resident and then the extended care so the hour before camp and the hour after camp at a proposed fee of $50 I'm also interested in a one-week session so that we might be able to pilot a teen program currently Camp Capitola offers programs and typically that age range is from about 9 to 11 and definitely more on the younger age range and there's definitely a lot of interest in having more teen programs offered so to pilot a teen program for those proposed fees 250 for resident 339 for a one-week session for the junior guard proposed fees to increase the proposed fee for the half day remember it's a half-day four-week session 250 for resident 314 for non- resident which for those that do half-day Camp Capitola they would also potentially purchase the transport fee that would be increased to potentially $55 so the overall impact is that this would be able to provide an opportunity for Camp Capitola to have a complete package service so that when parents and families sign up for Camp Capitola they would have field trips that would include transportation all in that one purchase price junior guard would be able to have an enhanced race staff ratio as a result of as a result of this increase and we would ultimately be able to offset a lot of the incurred costs that have happened over with the minimum wage increase with just the general economy and the fiscal impacts that for Camp Capitola these fee increases would approximately generate 45,000 per year and for junior guard it would approximately 5,000 per year so I am available for questions at this time can you tell me or do you have a slide or do you know the numbers on how we now compare with our with the proposed increased rates to other programs if we adopt the proposed fees how that would compare right do are we in parity are we still a bit lower so for day camps in general it's hard to because there's a whole range you could find day camps at Camp Catalan that would cost $500 per week or you could look at other recreation programs and we would be pretty on par difference would be minimal I couldn't give you an exact percentage and then for the junior guard program again immediate surrounding areas the price is almost exact to the very very some because we seem to be relatively low compared to those two base in the first slide yeah and we've had members of the public say you know you should maybe think about this so it's definitely going to not seem any different than what is immediately surrounding and as a side note you know the capitol foundation offers scholarships to families that cannot afford this so there is an avenue questions of staff jock transport is basically walking down the kids right yeah so it is during that kind of lunch break staff actually on both ends because there could be a morning session junior guards that are moving up to the recreation center to participate in Camp Catalan so they kind of do a swap so there are staff that help escort those youth and kind of do a swap in the middle and then they go to their new afternoon or morning program yeah it was the same for my daughter I just want to make sure yeah any other questions Ed can you go back a slide yeah two slides I'm so I'm concerned it seems like there's an a percentage of change it looks like it's across the border seems to be some kind of balance except for the 3% increase I'm wondering why only 3% it seems like an insignificant amount it's not for the half day yeah yeah so that is because in if you are a junior guard participant and you are participating in half-day Camp Capitola your fee suddenly becomes compounded so you're you're paying your junior guard fee and then you're again paying the half-day fee and then the transport fee so looking at them collectively it was intentionally kept at a lower price because all of those the other increases okay thanks that explanation great when anyone from the public like to address the council on this item seeing that I'll bring it back a move that we adopt the recommended fees include them in the amended fiscal year 2018 2019 the schedule in item 9e for the discussion all in favor I opposed unanimous three in a row the next item we'll hear from Larry Laurent regarding a beach public art project of course so we're here to talk about a new proposed public art project it's just a reminder of what the public art program is it's first of all it's great art as we can see by the last three projects including the news sea lion sculpture it was began in 2004 but the key thing is is that commercial projects over 250,000 contribute to this fund we have the op they have the option of either paying 2% of their valuation for onsite art or contribute 1% to the public art fund as of this time no one has done it on site they've contributed to this fund currently with even after all the the new public art we have about a $200,000 balance the public art budget this year is $80,000 and just a reminder this the public art funds are restricted in use they can only be used for public art the art and cultural commission recommends public art projects to the city council the piece of art we're looking at today the two piece is a trying to define it it's a sea life kind of a three dimensional relief in the shape of a kind of a buoy Ed Krupa is the artist who is proposing this Mr. Krupa actually submitted a proposal for the the climbing sculpture the Art and Culture Commission loved the piece of work they just did not feel that was the best place for it because as you'll see it is a very much a three dimensional with with with places for you know if you're climbing it there could be some injuries but the commission really had a strong interest in finding another place for that these are due to the the nature of the art which is sea life in general and as far as the the the strong interest in the three dimension of it the commission in may met and they and the commission vote 71 to recommend the installation of the the starfish and crab designed to the city council so these are existing examples of both the crab and the the starfish example this is in Tacoma Washington this is an example of how it look it's not obviously not exact you know super imposing but it would go on top of those I'm trying to think of the proper term but this the round cement entrance points to to the beach they would kind of form an entry to to the beach the commission due to the especially with the new sea line they decided they didn't want it right next to the the Esplan park so the the example location is the entrance kind of the center of the beach right where the the crosswalk is so the you can see right now there are there are things around there and it these these sea balls would sit on top of the those entrance points the proposed budget for the the project which includes those two the the crab in the starfish is $30,000 the artist will assist and work with public works on the installation of the project I'm now available for any questions questions Stephanie is it gonna be glued or nailed or somehow attached to the wall so it won't get stolen like our doll it will be I'm trying to remember it will be mounted in a similar structure to the the sea line it is gonna be bolted in I forgot the exact way that he recommended but it will be attached securely to that it would be very very difficult and do you envision children climbing on it no falling or anything that is not that's I don't believe that's the intent of this this is for touching for sure if you look at the depth you can you can kind of fault but not climbing on and you put the artist's name on it also in a plaque we're hopefully gonna be doing that we're gonna be doing we're actually I'm in the process of doing that for the sea line as well but yes there we acknowledge the artist absolutely no we definitely gonna be part of this is a side question do you have any plans to do a mural on the upper Capitola Avenue side where the new houses went in on the right at Hill Street in Capitola it's not a it's a private wall and the art and cultural commission has spoken about that a lot but we have to approach the property owners and get their permission because it's not it's not really a public that would keep going on that because I hate to see it yeah good you know when I sit down there there's a lot of kids walking along the wall and then at that little spot that this art piece will be they enjoy sitting there so it's gonna take away from that and or a lot of kids are gonna want to climb on it too so that could be an issue and what material is this it's bronze okay we'll open it up to the public anyone who would like to address the council on this item seeing none we'll bring it back it I've never voted against an art project good but I have trouble with this one okay for the reason that we're mentioned I I love the advice of the assistant to city manager but I do believe this will become a climbing object in that location I think that that entire wall is a climbing wall people sit on it kids run on it I love the art I would like to see us find a better place to put the art and I don't think that anywhere on that wall is appropriate I look I went down and I looked at it it's just I think it'll be a nuisance there I think that they're beautiful I don't know that I have an idea I always I kick it back to the art commission to come up with an alternative location but my thoughts on that are that I don't think it's appropriate in that area and I might bring your attention that the art commission did think of this and we queried the artist and public works and they they can be tried there and they can be moved it doesn't have to be there in perpetuity unlike our I think we can say they're serious parking lot five years ago and it's still there and I I'm just saying I'd be interested to see what other city council people think but my opinion is is that I don't think that I love the art I love the idea of what they are and what they represent I could think of a couple places that we could put them but I'd rather kick it back to the art commission to say find and something more suitable than the Esplanade wall Stephanie I agree don't like it there either what about you Jack well I brought up the idea that kids use that whole thing for walking around that's my concern too so I'd like to make a motion that we kick it back to the art commission to find an alternative location not on the Esplanade wall okay let's take a roll call vote councilmember Harlan hi councilmember Bertrand hi councilmember Botthorff hi Mayor Termini no I just wanted to ruin your perfect score tonight that's okay that's who you are I mean first of all I'd like to compliment the architectural you know this is great I like the idea okay yeah just one other added comment it's just you know on a personal note I like I said I've never gone against any of the art projects in town but and I and the ones that we have are absolutely gorgeous but I would really wish that we could maybe try to find some California artists or local artists and not focus our money in Oregon and Washington we don't focus it trust me I just as it was a general comment that I just would love to see our money spent more locally yeah if we I wish we had more I understand we do focus on the on the west coast because we found that especially in sculpture it's a really narrow field let's move on to the next item consider a resolution dissolving the public library the library advisory committee sorry mr. Mayor members of the council so the library advisory committee was formed in 2015 has been meeting to help advise the city on the development of the capitol branch library and other library related issues we've also formed I think it was in 2017 we formed a library ad hoc design committee that's been charged with helping to design and make design decisions that were maybe between city council and staff that's sort of a higher level than staff was felt comfortable making regarding what we were gonna do at the new library in addition the city of capitol points now to a regional library commission we will have a new appointment as I believe our prior appointment Barbara Garson has resigned as of this year so the library advisory committee frankly over the last several months this past year has held relative oh and also the capitol friends have become a very active organization and so there's a lot of cross membership between these various bodies and I think it was frankly a bit of meeting fatigue a lot of the members who were on the library advisory committee were members of a lot of other committees and we're feeling like we were just going to library meetings all the time we canceled a number of meetings this year and so this year actually our last meeting we attempted to meet to talk about whether or not there was value in continuing the library advisory committee we didn't get a quorum but those members who were in attendance had all been with the committee from the beginning and the consensus of the group was that it was probably this committee's time had come and gone and it was probably a good time to dissolve the committee with that I'm available for questions and I know council member termini has sat on the committee since day one and you may have opinions about this as well I think this committee has served its purpose and has done well and I would point out that our our former chair Barbara Gorson who's not feeling well right now and has had to resign and has dedicated more than 20 years of her life in making sure this library is built and she was at the groundbreaking and I think she has better things to do with her time right now than listen to this show so I'm sure she's not hearing me but I I can't say enough good things about her and what she's done for us I think the library design committee needs to stay in place for another 12 or 18 months because there will be a lot of decisions to be made and one of the decisions that this council needs to make is I am your representative on the design committee and in two weeks when I leave this council you need to decide whether I need to stay there or I need to say goodbye to that committee as well along with the other eight committees that I'm on joc you had something so in that regard you're also going to be leaving the area to not for a couple of years but you're traveling I thought so in a couple of years I'll keep you I'll keep you personally posted on that that's all right I thought you were on your way to Louisiana oh it points you know points on none anything no you stay anyone from the public like to address us seeing none I'll move the resolution to move it to adopt the resolution that's attached that dissolves the library advisory committee second all in favor I opposed there we go moving on to cannabis good evening mayor and council this last item before you is consideration of a cannabis application fee so as you recall on July 26th the council took two actions the first was adopting ordinance 1021 amending the municipal code and adding retail cannabis licenses the second was adopting a resolution 41 22 establishing November 6th as a elect the date for an election to consider a cannabis tax business tax and the ordinance would only go into effect with successful with the approval of the cannabis business tax so the cannabis business tax was measure I on the ballot and as of today is passing at 75% unofficial vote count and that will establish a cannabis business tax not to exceed 7% additionally we amended the municipal code adding chapter five dot three six oh 30 which defines the application process and calls for an application fee so the staff anticipates opening the application period the first week of January and then holding that accepting applications for about 90 to 120 days once the application period closes staff will review the applications as well as establish a review panel to conduct the competitive merit based review of all the applications we receive we estimate the staff time at about eight hours per application and an estimated cost of around $1,600 and that fee is also consistent with what the city of Santa Cruz is currently charging once we get through that process will approve no more than two of the applicants and they'll have six months to obtain their land use permits and state license approvals and then once anticipating the two of those applicants get all of that stuff in place then they'll be eligible to get the retail cannabis license and we anticipate being back before council and early next year to establish a cannabis license fee so recommended action is to conduct the public hearing that we noticed for the retail cannabis application fee and amending the fiscal year 2018 19 fee schedule and to adopt the proposed resolution repealing resolution number 41 19 and establishing an amended fiscal year 18 19 fee schedule that includes the retail cannabis application fee as well as the revised recreation fees that we heard earlier today and with that I'm available for any questions thank you chief would you what come forward just in case some of the questions fall to you council any questions of staff that did you happen to look at any other jurisdictions and see what their fees are for permit application the we looked at the county of Santa Cruz and theirs is 1500 but they did there's about a year and a half to two years ago and they haven't opened that up so they haven't inflated it at all city of Santa Cruz established theirs at 1500 and they've bumped it up twice and they're at 1597 right now and I talked to both agencies on on what their process was about how much time they spend on each application those were the two did you look into city of Watsonville I did not know I happen to look at the city of Watsonville and it was curious was their fee is thirty two hundred dollars and then they have a second ranking for three thousand and a final selection additional 2900 so they estimate that there it looks like almost nine thousand dollars to go to the application process and my concern is is this just an inflated number or does it acts my concern about is are we actually capturing all the time that it takes yeah there's who I met with chief and as well as with community development director and we actually have a breakdown of the time for each position that we think is going to be you know how much time involved for the chief the police captain some of the community development and we broke that down by staff member and the amount of time as well as the different phases that we have to go through the application because we have a defined process of what we're reviewing what we're looking for I'll have more comments after we open up to the public sure thank you for that I have a question if each applicant let's say we get 15 applicants and they're all paying this fee once we pick the two the other applicants have spent the fee just to apply correct means that not like to get that back correct this is the fees that I'm designed for cost recovery so this is right estimated cost that will have to review those applications so we'll spend that time whether they're approved or not other questions council chief I have a question for you a couple actually do you feel do you feel confident about this process and have you discussed this with our other chiefs to see what the mechanism is and how it works and how it all flushes out yeah Mr. Mayor members of the council a couple questions there I have a I am comfortable with this process and meeting with city manager with Jim as he's mentioned another department heads here in the city I think it's consistent the process is consistent with other cities that I've explored in some research with who are working through the process of retail sales of cannabis as opposed to retail sales cultivation lab businesses and all the others are their process is quite lengthy and a little bit more expensive on the application side and ours would be this is consistent with some of the others I have met with chief mills from Santa Cruz City I've met with the under share for the county of Santa Cruz our process is very similar to theirs they have a few more opportunities in those areas than we might hear in Capitola so theirs is a little bit more lengthy but the process itself is very consistent and just for the knowledge of everyone sitting in our vast audience here tonight CDB CBD is considered a cannabis product CBD is also known as hemp oil it does not include THC or the hallucinogenic ingredients that cannabis does but it is in California illegal to sell to sell it's legal to sell illegal so even if you were a cannabis retailer you can't sell CBD you would need a local retail license to sell CBD hemp oil just as you would to sell marijuana so it falls under the same category as any other cannabis product in Capitola CBD is not cannabis okay does fall under the both the restrictions within prop 64 and the allowances within prop 64 okay in other words if we had a retail store in Capitola they would be able to sell CBD if they were properly licensed yes right but you couldn't sell CBD outside of a licensed cannabis retailer you can possess it you can provide it but my understanding at the state level and the local level in California the municipalities as you need a proper license to sell CBD good I just wanted to establish that make sure any other questions the chief I'll open it up to the public come on up if you want to speak you have to speak at the podium come on up we got drag you back up into the spotlight again welcome again thank you this is timely that I'm sitting I didn't even know we're going to be speaking about this which is interesting but I trust that everything is perfect so my question is as I mentioned earlier Devin is planning to carry our CBD products inside of the store so from I have a business and CBD and we've been selling all over California for the last year now and have not been approached at all in terms of you know are we legal we to our knowledge right now with the attorneys that we've spoken to are completely allowed to sell we sell on the street just markets and different places and so I'd love to really know what the that the legalities are because obviously I don't want to get Devin in trouble nor do we want to be in trouble but we also at the same time want to help people heal because that's what we're doing right now. I will leave you to have your people talk with our people and work out the legalities of it I want to keep you on the right side of the law for a while. Thank you. Thank you. Council. I just have a couple of the comments I we discussed events a couple of meetings ago about the events that we have in the village and the fees associated with that and I'm just concerned that sometimes we undersell what we do in this town and I appreciate the effort that was made to come up with the cost analysis. I just wonder if there's some cost in there that you know sometimes we don't charge certain things. I mean this seems like a lot of man hours and then there's some intangible things that we don't charge and there's always cost associated you know whether it's office space or time and they're not incorporated into the fees and I like I said I the efforts in Santa Cruz like I said there's just 1596 the county's 1500 but I don't know why Watsonville has this you know $9,000 fee of a budget problem. Well sure I get that I just I think what I my only concern is I just want to make sure we're charging an appropriate fee and I think we just went through on the junior guard where we just put in some increases that weren't there and you know as as the finance director mentioned Santa Cruz hasn't upgraded theirs and they might come back and I know you feel like this is commensurate with what city of Santa Cruz is doing I just as long as we're doing it and we're not losing money by doing something then then I don't have a problem with it. So a couple things that I think might help a layer concerns a little bit first is is the the fully burden cost rate that you see up there that is that includes all over it so it includes rent utilities okay the chief of the state at least does not make $220 an hour much to this chagrin I'm sure so so those overhead costs are incorporated the other thing I would you know if it helps you a little bit this is essentially a one-time cost we're going to be opening up this process hopefully we get 1520 great different businesses business operators who are making proposals to make a have a business here in town we're going to rank them we're going to score them or we're going to give the top two the opportunity to open a shop here in Capitola and hopefully they're going to be successful operators here in Capitola for the next 20 or 30 years so this isn't going to be like the junior guards where every year we're we're you know you want to be right on because those costs have to pay for all the instructors this is sort of a one-time process and at the end of the day the 7% tax on a 5 to 10 million dollar a year business is really orders of magnitude different from what this initial application fee so we looked at it I'll tell you we didn't do you know we evaluated what other costs were at other local jurisdictions we looked at what we thought our costs were going to probably be and we came up with what our best estimate was but I don't think this is going to be one of these ongoing things where it's like fence permits or tree permits that we're issuing each and every day for now until the end of time. Great thanks for that explanation council members anything else is there a motion I wonder if I can oh please do and I'm going to work with the gentleman the public speaker to good try and determine the legality of the CBD question but I'm going to read you legal language that I'm based in my what is only an opinion it's not legal direction or anything else but California Bands hemp derived CBD oil on July 6th the California Department of Public Health issued a memo making it clear that CBD oil derived from hemp was banned in the state the memo asserts that CBD oil derived from hemp is not under the purview of the state's cannabis regulations which is important because prop 64 governs cannabis CBD and cannabis are different items that that is the basis for my opinion that within a municipality you would likely need a license from the local municipality local control whether or not the Bureau of Cannabis but control cannabis control in California has rendered a different opinion between July 6th and today I have no idea except to suggest that many laws have gone forward many laws are being pushed forward through the state level there are going to be more changes this might be one but I'm based in my opinion on the legal documentation that I that I have pulled together and I know from second hand experience that they are they do sell CBD at other cannabis retailers around the county do so I don't know where that's falling between the cracks just a clarification so it would be your opinion that if someone had a cannabis license if we issued so many cannabis license sound that they would also be able to sell CBD but barring that license they would not be able to sell the product at this time based upon my research that's being provided to local municipalities and law enforcement yes okay Stephanie I'll move the recommended action to adopt the proposed resolution repealing resolution number 41 19 and establishing an amended fiscal year 2018 2019 fee schedule including the new retail cannabis application fee and revised recreation fees I'll second that further discussion all in favor I opposed that brings us to the end Mr. Treasurer my apologies I never looked to you for comments tonight did you have anything to tell us let me just say that it's been a pleasure working with with you and Stephanie I know you're about to leave and it's been very educational I've learned a lot about government and I've learned a lot about the proper way to handle an official position from watching you too thank you thank you and that brings our meeting to a close and we're embarking on Thanksgiving which is why this meeting is on Tuesday and not the day after tomorrow if you have a joyful Thanksgiving every year carry on if you have a dysfunctional one make an effort to not make it so and like like we like to say in Capitola remember where you are remember where you live be nice to each other good night Capitola