 to order the capital city council regular meeting a pledge of allegiance Mr. Reed, do we have a report on closed session, please Certainly mayor Bertrand the city council met to discuss two pending litigation matters and the city took no Portable action on either Thank you very much. I'd like to say that this meeting is cable cast live on charter communications capital capital Channel eight. Yes and UV Uverse channel 99 is being recorded to be reproadcast on the following Wednesday at 8 a.m And on Saturday the following repossess at 1 p.m. On channel 71 on and also on Comcast channel 25 Our technician tonight is Kenston Rivera and as a reminder, please close your cell phones And if you want to come up sign your name on the sheet if you'd like to be recorded Are there any additional materials One set of additional materials for item 8d was distributed. It's an updated version of the bail schedule for consideration Thank you Okay, any additions and deletions to the agenda Okay, so this is a time for public comments anyone would like to speak you have three minutes on an item that's not on the agenda Hi, Tony Thank You mayor Bertrand Mayor Bertrand requested that I come in tonight and just talk a little bit about the chamber and what we do and It's always a good refresher for the residents who are watching at night To see what you just thought for a second Can we give her more than three minutes if you need Up to four or something like that because you do have a lot of things to say. Thanks. I Can do it in just a couple of minutes. Okay. Thanks Anyway, we were at the Easter egg hunt last Saturday and that's one of the things that the chamber does and we had Over a thousand kids plus their parents attend and it's just kind of a free-for-all and you know People come up and tell us well. You should have rules and all this stuff Now No, it's a free event for the families and we want them to have fun. No rules So it took us two hours to plant the eggs, but of course they were gone in five minutes But it is a popular event, but that's just a sample of what the chamber does for the community We do the Halloween children's parade We put on the capital art and wine festival We do surfing Santa. We try and do a lot of fun things for the community Of course the art and wine festival is the main event and it it's grown over the years And this is our 37th year doing the art wine festival and we have quality artists We get about 40,000 people down there, but the village is the perfect place to have it People come down and they shop not only at the art booths, but in the shops down in the village for it So it's a big boost for the community So other than the special events that we do We're here for the community and people think oh you're just a place I can go get a brochure in I said no you know, we do a lot of referrals and networking with our community businesses and We work hard at that we promote our city through social media paper ads magazines things like that and I have one employee that just pretty much does that all day long and We're here for the city if anything needs to be done For instance back in 2011 when we had the main pipe burst Down here in the Pacific Cove Mobile home park We were there working closely with the city employees and helping to get those people out of there get them fed the city put up lodging for them and I worked with the employees to go out and and see what the businesses needed plus the residents So we started a grassroots effort and we collected money from Locals and we were able to fund a number of the businesses in the village We were even out there digging out mud from their stores and they had to have carpets replaced, you know Cleaned out their merchandise was gone It was terrible, but that's one thing that you know, we'll get in and work on with the city so we're prepared for things that come up and We're happy to help the residents in the area people that relocate to our area We have relocation information and we'll have them come in the office and sit down and go over everything with them same with visitors They'll come by or they'll call us or even get on our website which has been totally updated to get information And my staff and I we've all been around Santa Cruz County. I'm a native For so many years we pretty much know everything the lay of the land and so people will call us and we always answer our phone It doesn't automatically go to voicemail and we give them that one-on-one service and when they come in the office We do that as well. So We're here to be part of the community and Work hard for our residents and for our businesses here in Capitola Are there any questions? No, but recounting what happened during the flood is Truly an extraordinary effort and I'm glad for your part in doing that a lot of people were devastated in the fact that the chamber Was part of that is truly amazing And well the whole community got together. It was many people in the community. You're absolutely right and work together Okay, thanks Tony for coming forward. Thanks for coming Tony. Yeah, really For the late arrivals, this is a time for public comment If you'd like to come to the podium and say something on an item not on the agenda, please come forward And if you want to write your name down, it'll be recorded. Sure. My name is Alan Cable. I live in Topaz Street I wanted to thank the Council and the Works Department for approving and implementing The traffic calming measures in the jewel box Certainly in my opinion, it's made a great improvement in the level of traffic that goes through there in the evenings It's made it a lot a lot much more pleasant to to live there The speed controls on Jade Street have made a huge improvement in Jade Street It used to be a racetrack and now it's really a much safer street So I wanted to thank again the council for that. I think it really worked out well We do notice of course that when enforcement is in place It's much better. There are a lot of people that still either are not aware of the signs or ignore the signs Which is to be expected and I think we we talked about when we when we discuss this so I would really encourage the police department to Continue the process of enforcement enforcement, but I think certainly in my opinion and I think in the opinion of my fellow residents of Topaz Street It has made a great improvement. So I wanted to thank you for that Thank you very much. Thank you Anyone else from oh great My name is Dana Ingersoll. I live on the corner of 47th and Topaz so I'm also here to thank you for the traffic calming measures that have been in place and The safety especially on Topaz Street is so much better I was actually able to like slow down and talk to my neighbor At five o'clock without and just like my friend was bringing her son Down the street and was like yeah, it's okay to bring him down the street, you know on his little bike Like a three-year-old. So that's how all the other streets are in the jewel box It's nice to finally be having that experience I Would say that it's been my observation living on that corner that the Topaz block has been much more effective than the 47th Street in terms of who is You know, how many people are respecting the signage or not. There's still a lot of traffic on 47th Street So maybe that could be Considered around enforcement, but we're definitely very grateful And I also agree that the Jade Street It's much safer for pedestrians to cost people are slowing down. I'm going slow door. I mean, it's just it's it's much better So I know it's been a long drawn-out process. You guys have been very patient. Thank you for your support Thank you for your comments anyone else Okay, bring it back to City Council for staff and City Council comments Welcome back Ed. Maybe you have something to tell us about Washington Yeah, I just want to make a note that I missed the meeting two weeks ago. I was actually back in washington, DC I sent as capitol's representative on the metro bus system board and We sent a coalition of people back to washington to lobby For some revenue for new buses and we've been doing this for the past three years And I've been fortunate to go the last two and we've been very successful with achieving grants So that was my reason for missing the meeting Two weeks ago. I just want to comment on one other meeting I also sit as a representative on the it's now called the santa cruz santa claire round table Which is the follow-up of the select committee which basically deals with the jet noise We've all been living with for the past five years and that meeting was wednesday and We're just trying to figure out how that committee is going to work into being a representative for To prevent to attempt to prevent any other types of faa interaction by changing routes that will affect our communities I do want to note that the big item we dealt with two years ago was the Transition of planes from a route that was called bsr over santa cruz to the surfer route which now flies over capitol And the the vote of the select committee two years ago was to move that route back to the santa cruz route and The wheels of the faa turned slowly, but we did finally get that their Group will be meeting the entire faa group will be meeting With the airlines and all the representatives not the public, but the representative on June 24th and 26th to make the final decision about what's going to happen with that route So we all anxiously await to see if those planes leave capitol. So that's my comments Well, well ed was out lobbying I was at the easter egg hunt down in capitol on capitol beach and I just wanted to Um to really thank the chamber for putting just an incredible event together My daughter is four years old and she and I have attended it every single year There she uh, tony forgot to mention there was 2,000 more eggs this year than last To um, so that every child that attended not didn't just have to get the one or two eggs They were walking around walking away with uh big buckets full And I also want to thank the capitol a candy company who donated candy and stuffed animals and had special golden eggs for A number of the children that attended. So it was a beautiful event and a beautiful day overall So thank you to the chamber. Um, it was a great event Okay I have nothing to the report Oh, okay. Um, I think one thing that was forgotten on tony left. I believe tony's not here The easter bunny came The easter bunny was there the easter bunny always comes and Last time I did not see the easter bunny But there was this huge line That stretched off into this distance of kids that wanted to be with the easter bunny It was truly amazing that easter bunny had a lot of stamina. Let's put it that way um For those who know, uh at st. Joseph the stars dinner is going to happen at 5 30 tomorrow um, I think that's something a lot of people in this area do know about um I was um Thinking about something when my wife sends me down to the store to get something like ice cream Which she did last night. She always allows an extra 15 to 30 minutes And that's one of the things that happens when a lot of people know who you are So I was walking down to the store again today and um someone went through the intersection stopped Didn't back up but yelled at me. Hey mr. Mayor So I went over and I did not know this person But um, she informed me that um, she lives on river view and she's a little upset about the parking well the solution according to her and It's been mentioned many times here is that if people would only clean out their garages They could put their cars in the garage So with that of steve Is there something coming up this weekend in terms of a citywide garage? Yes, I I've been hearing rumors that's capitol or somehow we're doing a citywide garage sale Am I incorrect? I may be wrong but no, there is a community wide garage sale People can sign up And there'll be an advertisement and maps showing all the houses that uh are participating in the garage sale It's a great time to uh clean out your garage. Okay. And when is this going to happen? Saturday it's here saturday april 27th. Thank you. Okay. You can sign up from our website. Okay. Larry It is coming up. I apologize. That's okay Sorry, so the question was about the community garage sale. Yes. Yes. It takes place on saturday. Okay all around town We've taken sign ups for the last month. We'll be publishing a map and directory tomorrow both online as well as we'll have maps in front of City hall We've advertised in the local papers and at this point we have about a hundred participants Great So there will be a lot more parking spots available in capitol after the garage sale So, um I went on a great tour the other day and um, maybe hopefully someone from the police department could talk about this but um I read a lot of articles when you know, something happens that a kid has to report They've witnessed a crime or somehow they've been involved in one and the interviewing could be very Traumatic for this person. So uh capitol has a um in the chief. I'm hopefully we could do a report on this We have an interview room that's available to law enforcement the da etc And it serves santa cruz county and the basic idea of this is to provide a room for the kid that is very Like being at home, you know or in your playroom, you know to try to reduce the trauma for the child And then also all the people from law enforcement the attorneys District attorney, maybe the police that are resting or somehow involved in that case are there, but they're not visible to the child So I think this is a wonderful thing that is now here in santa cruz and I commend the um the departments that have been involved in this And I think that is it for me. Thank you very much So jamie, do you have any comments from the staff? Not this evening. Not this evening city clerk Okay, so let's move on to the consent calendar So all items on the consent calendar be passed in one vote But at this point I'd like to leave it open to those in the public if there's any items on the consent calendar that you Would like to pull or comment on this is the time to do it Seeing none and bring it back to the city council I'll move the consent calendar or I'll second Okay, I'll go with the motion. I'll second. Okay. See he's back Okay, all those in favor Any objections? No, okay So now we move on to general government public hearings Item 8a consider options for banning flavor tobacco and vaping products. Do we have a staff report? We do a good evening. Mr. Mayor members of the council The added before you this evening as mentioned by the mayor Is staff research related to flavor tobacco and associated concerns in addition to options for banning flavor tobacco Or vaping products should that be the direction of council You'll recall that Through the march 28 council meeting council director staff to research options to ban flavoring cigarettes Or vaping products in our city and explore additional tobacco laws beyond what we currently have in existence Through our code specifically and potentially a tobacco retail license to prevent youth exposure to tobacco Um part of our staff research identified that per the department of tax and fee administration capitol currently has 16 tobacco retailers now there's an air in the staff report on page run page one. It states 19 that's a that's a typo. It should be 16 Of those 16 tobacco retailers in the city Our research found that nine of them self-flavored tobacco only in addition to Tobacco cigarettes cigars, etc Nine self-flavored tobacco only those nine do not sell flavored vape products Three cell flavored tobacco and flavored vape liquid also known as pods Two of the 16 cell flavored vape liquids only And two of the 16 Cell flavored tobacco Have no sales of flavored tobacco or flavored vape. In other words, they only sell the traditional tobacco products cigarettes, for instance Before you On display is an overview of our city and the location of those 16 tobacco retailers The highlighted green areas are the two schools opal cliff and New brighton middle school and then the yellow highlighted area is the library None of the 16 are within Close proximity to schools or libraries as is Mandated within our code. There's a distance of 1,000 feet or beyond and you'll see that the majority are on the 41st street corridor I thought it was important to provide a specific definition of tobacco product because it's very broad And this definition comes from the california health and safety code Um, and I'll read most of it tobacco products as a product containing made or derived from tobacco or nicotine That is intended for human consumption whether smoked heated chewed or any means of ingestion ingestion Including but not limited to cigarettes Cigars little cigars chewing tobacco pipe tobacco and snuff That tobacco product is also an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device including but not limited to electronic cigarettes cigar pipe or hookah And then importantly it also includes any component part or accessory of a tobacco product Whether or not sold separately. And so that is the specific definition in california of a tobacco product Our current law here in cala or capitol under our municode Um chapter 8.38 and this has been the most recent update was in 2015 to this code this chapter Sellers must request id Business is not allowed as a mention to sell tobacco within a thousand feet of a school or public library Business shall visibly post penal code section 308 That is a section that provides a punishment if someone was to purchase tobacco for someone under 28 Also post signage related to business and professions code 22 952 And they shall visibly post signs at each entrance stating a warning That if you are to purchase or facilitate the purchase of tobacco for underage persons, there would be Some legal ramifications. Those are that's the current restrictions within our our code Some of the youth safety concerns related to flavor tobacco and this is from a 2016 surgeon general report Um, we know that e-cigarettes entered the marketplace around 07 and since 2014 have been the most commonly used tobacco product amongst us youth A 2018 study conducted by the surgery general showed that more than 3.6 million us youth currently use e-cigarettes That is one in five high schoolers and one in 20 middle schoolers according to that study One third of high school and middle school students who use e-cigarettes have used cannabis in their e-cigarettes And we know that they are often marketed and sold in kid-friendly flavors such as bubblegum cotton candy Chocolate peanut butter in 2009 the fda banned flavored tobacco in cigarettes except menthol study also shows that 80 percent of Age 12 through 17 and 75 of 18 through 25 who currently use tobacco report their first tobacco product was flavored And that's according to the fda population assessment of tobacco and health And we know that vape aerosol Is not harmful at all in the staff report. You'll find in the second paragraph on page two Some of the potential negative exposure from vape aerosol I want to read that one more time just say that vape aerosol is harmless or is not Is not harmless Vape aerosol according to the experts the medical experts Um, exhaled into the air is believed to emit harmful substances including heavy metals Volatile and organic compounds and ultrafine particles that can be inhaled into the lungs The slide before you here Is a 2016 local study that was conducted here in the county By the health healthy stores for a healthy community. This is based upon store observations And public intercept surveys in other words surveys of people exiting tobacco retailers and and what they found during those surveys You'll see that 34 34 percent of the stores in 2013 um Sold e-cigarettes and that increased to 57 percent in 2016 63 percent of the stores that they surveyed sold flavored non-cigarette products Which often had kid appealing flavors such as grape watermelon, etc Um, a high percentage of the stores 84 sell menthol cigarettes 60 percent of the stores Near schools sell flavored non-cigarette tobacco products And then lastly 16 of the stores place tobacco ads at kid friendly locations, which is the eye level For children that's based upon a 26 study done here in the county 2016 study Now some of the arguments in opposition of flavored tobacco bans Flavored tobacco users will simply order online and visit neighboring communities that haven't prohibited the sale of Flavored tobacco, of course Prohibiting the sale of flavored tobacco will drastically reduce retail profit Retail our profits and may put them out of business This unfairly punishes local businesses. Some of those local business owners are our community members Adults like flavored tobacco and flavor bans and fairly punished law abiding adults There are already laws in place that prevent youth from having access to access to tobacco products The most recent was the 2016 change in california law That increased the minimum age to 21 from 18 The opinion that we don't need to ban more products. We need to do a better job enforcing current law And then flavored e-cigarettes help people quit smoking traditional cigarettes Restricting the sale of flavored tobacco will make it harder for those individuals to quit smoking Now here's what some of the other areas or jurisdictions in california are doing as of january 1st It's actually more recent than that. I think it's closer to the beginning of beginning of march Some of these are best practice. I know it's important that we provide staff Research and and understand best practices in our area and throughout the state 31 Jurisdictions in the state have existing flavored tobacco restrictions of those 14 have total bans on all flavored tobacco six Allow flavored tobacco in tobacco only stores. Those are the stores where no one Under 20 you have to be 21 years old or older to enter those stores Six jurisdictions allow for flavored tobacco in tobacco only stores Six of the jurisdictions have a total ban with the exception of menthol four Have bans that utilize school buffer zones So no flavored tobacco within the zone that they have designated within that city a thousand feet for us Others have a more narrow Uh zone and then one of the 31 has a total ban on e-liquids only also known as pods So some of the options to consider for council Based upon our research Option number one would be to direct staff to proactively monitor all retail tobacco establishments And enforce violations of title eight chapter eight chapter eight three eight of our municode So that's status quo Option two direct staff to prepare a new ordinance banning the sale of all flavored tobacco and flavored tobacco products in the city of capitol Option three would be to direct staff to prepare a new ordinance banning flavored vaping products only If council direct staff to proceed with either item or option number two or three above staff recommends council council also direct staff to implement a local Tobacco retail license program program prohibiting a tobacco retailer from conducting business in the city without a valid trl This will require adopting a new and separate ordinance in itself In addition to the above options three options mentioned Several changes should be made to title eight chapter eight three eight to reflect updated definitions and updated law Most specifically the change in the age from 18 to 21 that became effective june nine of 2016 And then changing the ordinance language in our current codes from minor To the word youth to be consistent with the language that's contained in all of the state laws That concludes my presentation. I'm more than happy to answer questions the questions of the chief Just wanted to maybe ask a little clarification about the enforcement mechanism Um, you referred to uh proposing there were one of the bans elected by the council tonight that the We would institute a tobacco retail licensing and would and that would be the enforcement mechanism um, we would have to assure that they all apply and then they would be inspected maybe annually to determine That they aren't carrying these banned Products before their license is renewed That's correct. They would have to apply for a license on an annual basis renew that license a january one of each year That license that we would potentially issue to the retailer would contain conditions Um, that we decide upon that would regulate that license any violation of those conditions based upon our inspection Would potentially cause for that license to be either either suspended or revoked very similar to our entertainment permitting program here in the city I see. Okay. Thank you. You're welcome I just want to clarification. Um, are there pods that have marijuana there for sale right now in capitol? We did um, there there may be we don't know for sure. We did an inspection About a month ago with a number of our retail outlets and didn't find any violations Now that was not a complete audit or a covert inspection Uh marijuana is being ingested by way of electronic, uh cigarettes Or vaping products. Um, so I can't say for sure that it's happening But I I know of stories where it is clearly happening and some of the data that we have compiled Does indicate that many youth and adults use e-cigarettes to consume cannabis So i'm a little behind the time. We're e-cigarettes available. I mean, how do you buy those or get them? They're available through retailers just to really tell you so the marijuana pods Normal retailers or do you would you have to go to a marijuana vendor? It would have to be a licensed cannabis retailer to sell A cannabis or cannabis liquid. Okay. Got it. Okay. Thanks Um, this time open to questions from the audience here. If you have any comments Okay, bringing it back to city council for discussion Who would like to jump in? So I was the one who brought this forward and I'm really excited that we're entertaining it tonight just because It was I was asked not too long ago. So the fact that it's on the table makes me feel that It's it's important to us and I think it's our responsibility as council to hold ourselves um accountable and responsible for what What sort of things are sold to our community, especially our youth? Um, as I was lucky enough to sit down with this county health department We have some people some specialists here tonight. Thank you for coming um to really To to teach me about the impact of of these pods that our students are having access to our students or children um, and so I was really surprised that I of what I heard that and you saw the numbers to tonight. So, um If I may if there's I would like to make a motion on the table already For option number two Which would be to direct staff to prepare new ordered spanning the sale of all flavor tobacco and flavor tobacco products in the city of capitola I'll second it Okay. Um, so you're not concerned about uh flavored vaping That's included You're including that. Okay Okay, and how about the uh tobacco retail license program? So that if we would choose option two or three tonight that would include the trl the tobacco retail license So that would come into place so that our our police department can enforce our new ordinance or policy Should we move forward with okay, so that would be included and then there was another recommendation to change Minor to youth I think That's correct change the language in our current code reflecting the current age restriction from 18 to 21 and then Uh change from the word minor to youth Okay, you did include that too Okay with a second. Okay So any comments on the motion? Well, if I may thank you mayor, um And I just I want to say that I'm gonna support the motion um Even though and I also say it feels a little bit awkward to have just approved an ordinance approving the sale of marijuana in our community um And now we're going to turn around and and ban other legal products So that seems a bit um awkward to me And I felt like I just need to acknowledge that and maybe though to justify that uh if In my own mind if no one else um I am concerned about the availability of these products for You know young children and the impressions that they make And we can't stop at all, but I think that this may help Keep it from You know their Use those statistics that the chief presented about the numbers of middle schoolers and high schoolers that are vaping and Starting out on flavor products are I think very compelling Um And even though we are approving the sale of marijuana in our community retail sale Um, it is very highly regulated Very highly controlled And so I think that this is just One means that we can use to continue to I think protect the youth um And guide them and toward good habits and good practices. So Um, so that's why even though I I do recognize That kind of irony this evening Um, I will support the motion. Thank you event Yeah, um Number one. I want to thank uh councilwoman Brooks for bringing this to us I think it's a great thing for us to deal with and uh number two I share councilman stories concerns And the possible conflict I'm going to try to soothe you a little bit and work your way through that because I opposed Cannabis when we even brought it here to to bring it on the agenda to have it legalized in capitol Um, I became comfortable with that because you know, the research I did on on how we got to that point was the voters overwhelmingly Adults who vote uh wanted legalization of marijuana. So that's not something I felt compelled to overturn when when the numbers were so significant The idea of the flavor pods I see that more as this is something that is appealing to youth And uh, this is where I acknowledge councilman Brooks and her tenacity for for pursuing this because This is where I think we can draw the line. Uh, we can acknowledge the fact that adults and uh voting People of voting age Wanted cannabis and so our our task is how we deal with that and introduce into our city Whereas I don't see a benefit Uh to the community with the flavor pods. I think it's destructive for youth And so I'm able to separate that and draw that line and say that uh, you know We can draw the line and and not allow the flavor pods in yet Closely regulate the introduction of cannabis. So I too will be supporting this I feel it's rather insidious of the industry to introduce flavored components in their products To me, it's a blatant attempt to get youth addicted and um, so I definitely will support this With that a call for the motion all those in favor. Hi. Hi any opposed none opposed it passes. Thank you very much event. I appreciate it So let's move on to eight b consider resolution allocating the 2019-2020 road maintenance and rehabilitation Account funds, uh, steve. I think you're coming for was a report. Thank you an evening mayor and council Agenda states we are looking at allocating the Road maintenance rehabilitation account funding otherwise known as sp1 tonight um Just i'm going to give you a little background on our road funding allocations that we go through every year Currently the city has what I call two dedicated road funds These are funds that need to go into transportation and road maintenance. Um, first is the road maintenance and rehabilitation account Also known as sp1 Probably better known as sp1 That's the state funded Allocation of funding through gas taxes and vehicle registration fees The city receives approximately 170 000 dollars annually from that fund The other dedicated road fund is the local tax measure d Which is funded through sales tax and we get approximately 300 000 dollars annually for that Both sp1 and measure d must be used for transportation projects as I stated that includes road rehabilitation repaving Complete streets implementation, which is accessible designs for vehicles pedestrians bicyclists and transit That's really a big component of both these tax measures is when we redo a street that we Allocate space and we design for all modes of transportation Um, projects can also be these funding can also be used for vehicle admission reduction congestion relief And implementation of safe routes to school issues, um projects So they still have both funding measures have certain requirements. Uh for sp1 There is an annual adoption of a resolution By may 1st for listing projects receiving sp funding for the following year So tonight we're considering where we want to allocate our 2019 20 Um allocation it's a little unfortunate because it this may 1st comes before our budget but um, those are the state guidelines and We try our best to meet that Um, and we also have to annually report in october on the actual expenditures made For measure d. There's it's a little less stringent. We haven't told july to give them a five-year Projection of our expenditures So that's something that we'll be considering when we review the budget and go through the capital improvement program Later this month and into june And there we have an annual audit of actual expenditures. It's concluded So we have two current road projects. Um that are been on the books for different amount of time but are essentially ready to go and We're here to talk about funding for those first is the park avenue sidewalk project This is a new sidewalk from acormac avenue to cabrillo street It does include a new crosswalk at park avenue cabrillo Its original estimate was four hundred and seventy thousand dollars Unfortunately, a has time has gone by it's been on the books for about four or five years now Current estimate is nine hundred eighty five thousand dollars Um, I would say the first estimate was significantly low We've had to include a retaining wall that we hadn't anticipated in that There's some safety features with the crosswalk, which we are including And just the passage of time projects and especially in the last probably two years We saw what the library construction costs have gone through the roof. So The project plans and specifications are complete for that We are ready to go to bid on that and this is approved tonight We will be taking bring that to bid at the next council meeting The other Project that's been delayed and had some funding is actually had the allocation original allocation of sp1 money for this past year Was a reconstruction of 42nd diamond and ruby court That's just a repaving projects and new compliant curb ramps Uh, the original estimate was seven hundred and seventy thousand dollars Price is now increased to one point three million dollars Um, and we're about 90 we could get ready to bid this project pretty quickly We this was originally part of the project that we paved park avenue kennedy drive in monoray in 2016 Because the cost of that project of doing those streets ate up our entire budget. We we deferred this project at that time So this is a copy of the spreadsheet That's in the stuff or in the agenda tonight We have enough money To build one of these projects And my recommendation. I think the park avenue sidewalk project is a higher priority It provides a Key pedestrian link between the cliffwood heights neighborhood and the village It provides safe routes to school passage to new bright or at least helps with that Um, and it's been on the books longer. Um, so my recommendation tonight is that we allocate the sp1 money from last year and which is 18 19 in the 1920 sp1 money To the park avenue sidewalk project and we also moved the measure d money That was supposed to go in the paving project next year to the park avenue sidewalk project I'll give us about 1.1 million dollars for a one million dollar Project at this point any money obviously left over would would remain with the city and Could be allocated to other projects in the future Regarding 42nd avenue paving. I think as part of the budget We're gonna go through some reprioritization of our projects We can see where this falls I know claire street is another area that we're all very interested in trying to prove so we can rather Tonight trying to determine which allocations we're going to make in the future. Um, we'll make that part as part of the budget session So like I said, my all my recommendation is adopt a resolution allocating the 2019 20 And reallocation of the 2018 19 road maintenance and rehabilitation count sp1 funds to the park avenue sidewalk project That's my presentation. I'd be happy to answer any questions Questions of Steve Sam. Thank you, mayor Steve, how long has the 41st avenue project? 42nd The 42nd. Yes That was first part of the paving project. So it was probably initiated in 2015 And it was supposed to be constructed in 2016 And if we were to approve this allocation and reallocation When would you be able to start our contract out the park avenue sidewalk project? I guess I'm a little leery now of escalating costs So we are like I mentioned in my report. Uh, we are ready to go to bed on that So if this is approved tonight, we will be coming back I think at the next meeting certainly by the second meeting may but I'm aiming for ever to approve You would approve the plans and authorize me to go out to bed We'd then probably open bids in June award a contract by the end of June begin con you know construction this summer Right. Okay. Thank you No questions In terms of reallocation the sp1 that was previously allocated Is that a special reporting requirement or is that fine? So we have to report on our allocations last year. We told them we were holding it over So reallocating it to another project is not a problem at this point if we spent it already it obviously would be So for under the 1.1 million We could hold that you said we could keep that In a special fund or how does that work says, you know, we're allocating it to a certain project And we got under bid so what would that so any money left over at the end of the project? Because it all goes into a project fund will be That'll be the general fund money. Okay that we hold on to at the very end That's the last we spend and then we could reallocate that To another project when we get the next project ready to go. Okay, so we captured it. How is it that we miss the Retaining wall issue The initial designs and preliminary layouts just didn't think it was required when we finally got into the detailed design They realized the cut for that retaining for that area It's this is a 600 park avenue was higher than they had anticipated And it's just one of those things when you go from preliminary design to final design Okay, thank you. So at this point open up to those in the audience any questions Seeing none come back to um council here for Comments and motion. I'll move the stamp recommendation I'll second Okay, I just I just have a comment I I think uh, you know early when this council came together in january we had discussions and there's some people here representing concerns about Repaving streets and one of the ones that came to a point and we were doing a bud review was claire's avenue and I just wanted, you know, it Hope we all understand that that doing these projects is becoming more and more significantly harder to accomplish We went through four years of uh of some massive paving I consider uh with the with the benefits of measure o which delivered us about a million dollars a year And I think steve, you can correct me if i'm wrong, but you know our our payment index Is maintained at ground zero with about 500 000 a year and the fact that we basically put nothing into it Other than what comes from measure d and sp1 that adds to 470 000 So we're at that status quo and we we barely Do slurry seal so we're not making any significant improvements Um, which it doesn't bode well for what we're ever going to do for 40 second and for claire's and other You know, I think steve even mentioned to me that 41st avenue is now in a little just repair capital of that intersection And that's going to be a costly repair also So it's something for us to think about as we're looking forward, you know The money that we're going to have left over is going to be You know barely barely we're barely going to cover this project and Just something for the council think about as we're moving forward that these these street repairs are just significant But on a positive note, uh, sam you were here when I think sandi erickson was here and we were trying to get she said I will Never be here when sidewalks are on park avenue So i'm you know, I might send her a note in texas and tell her we've got sidewalks on park avenue. So that's my comment yeah, I um Living clip with heights and I've known people who walk on Park avenue and they walk their dogs there at night including my wife at one point And I tell them don't do it. There's just no sidewalks and coming down that road at night Could have been an accident. So i'm glad to see that we're going to get this project rolling And I know a lot of the neighbors have been waiting for it So with that a call for vote We already have a motion on milley, right? Okay. All those in favor All right, okay Thank you very much steve so item See consider fee schedule for fiscal year 2019 2020 So I think our City finance director has a report Good evening mayor and council as mayor mentioned this next item before you is the fiscal year 2019 20 fee schedule Um as just by way of background the current fee schedule is adopted by council following a comprehensive study in november of 2015 And at that time the consultant Recommended that we review the fee schedule on an annual basis and implement a cpi increase We've incorporated that review into part of the budget process, which is why we're here right now Most fees since then since the fee schedule was finished have increased by the cpi each year The exceptions would be fees that are set by the state Which are notary fees and something about a circulating a petition And then the recreation fees we don't always increase each year This year the cpi rate for the bay area is 3.87 Which is what staff is recommending for for the fee increase And then just by way of history those are the last three years since we've implemented the fee study on what the increases have been Um this year We also have a couple of new fees that we're proposing The first is in the miscellaneous fees category and that's an annual cannabis license fee That we're setting at 2550 and i'm gonna i have some other slides that'll go through how we calculated these fees Under recreation we have a teen club Fee as well as a k through six program These are both brand new programs that our new recreation supervisor would like to implement And the reason for the 60 slash 70 is resident versus non resident And then in the building department we are proposing three fees, which is a building reinspection fee Resubmission plan check fee and a building permit extension fee So on the cannabis license fee we've set this up as cost recovery and i met with um Our community development director and the police chief to figure out what would what would be the process for these licenses How much time would be spent so we came up with 1.5 hours of a senior planner and before i go any further just these are fully loaded salary benefits These aren't what people make per hour Um fully three and a half hours of police sergeant time and 10 and a half hours of police officer time And then there's a dollar 56 rounding to get to the even 2550 on that one Um On the teen club and the k6 youth programs Recreation staff surveyed 24 similar programs that are offered throughout the county Looking at various uh components of those costs Our scholarships offered what types of things do the kids do when they're there? When is it offered the ages staff to participant ratio and the location And then we tried to set a fee around the midpoint of the programs That are provided which still provides a public service, but also provides adequate resources for an enrichment focused program And on the building fees the building reinspection fee is set at 125 dollars and consists of about 15 minutes of development service Technician time and one hour of a building inspector one The resubmission plan check fee is an hourly fee and that's the building inspector two Fully loaded hourly rate so however much time that one takes And then building permit extension fee is set at 176 and that's We're estimating one hour of building official time and a half hour of development services technician time So our staff's recommendation is to conduct the public caring that we're doing right now Adopt the resolution repealing resolution 41 32, which was the resolution that Approved the current fee schedule and then at the same time that would adopt the new fee schedule And that concludes my presentation. I'm happy to take any questions So Jim I would like um, it's some future date to have My work here. I shouldn't director come up and describe what the Teen club is going to be and it's very exciting to hear that this is in the works. Thank you, nicky and That's one of my questions. Another question was the coastal development permit appeal I notice that's at zero Is there some reason uh, coast question designates that at zero or why would it be at zero? Katie, okay, thanks So typically a development permit is tied to either a design permit with a coastal development permit Or a conditional use permit with a coastal development permit and those unique circumstances when it's just a coastal development permit and it is appealed Then it would have no fee attached to it So and that's per the coastal commission Well, that's per coastal commission. Yeah, okay. That's come from them not from us. Okay Okay, that okay, so it's basically that I'm saying that that's what I was wondering But for a home for instance of a house design was appealed on debohill and it required a coastal development permit There the appeal fee would Um Would be required because they're also appealing the design permit if somebody appealed just the findings attached to the coastal development permit So they were just appealing the coastal development permit at that point the coastal commission has Said that we cannot require a fee Okay While you're here, do we have special fees for ad use? We do we have two different fees fees for ad use one for if it's reviewed administratively by staff And that would just go through staff would review it and send out a final local action notice On the adu approval during building plan review so and that fee is I think it's just about 600 dollars Correct, and then if any adu that doesn't comply with all the standards of the code is required to get planning commission review And that permit when it goes to planning commission is just a little over 1700 dollars Any questions? No, okay. Thank you very much. So at this point any of those in the audience would like to come forward and make a comment Seeing none back to city council for action You that yeah I'd like to go ahead and move to Approve the fee schedule for 1920 just with some a couple of additions and some requests I believe that we would have to add the tobacco retail license fee to this before approval correct, okay, and So so well not before approval. I'm sorry when we come back with the It would be the license fee then we'll implement the With the license then we would set the fee at that time and just add it to the schedule. Okay. Okay. Um, and then I I would like to just maybe what mayor Bertrand was saying to To nicky if I would love to see parks and rec department come back not just about the after school Pilot program but about all of the summer programs that are taking place There's a lot your department's doing and I would appreciate a presentation on all the good stuff That's taking place and then lastly I so I sit on the child care planning council Which is apart from what I what I do here and one of the biggest Concerns or troubles that business owners who are interested in opening child care centers face is well There's two of them. It's finding a location and secondly, it's It's use permits. It's the permits that they have to obtain at the city level in addition to State licensing and all these other fees So when I was going through this, I noticed that we have some fees associated For use permits not specifically stating for child care centers But if one wanted to open a child care center, um, this is on Ape C1 They would have to pay these costs So I'd like for staff to explore possibly a grant program that we could offer to Business owners who are interested in opening child care centers Um, not necessarily to waive the cost. We can possibly look at using our dedicated children's fund to offset those costs for business owners Um, but I'd like to look into to doing that There's a huge need in our community. There's only two child care centers currently in capitol And the wait lists are over two years long. So there's a definite definite need to Entice more people to come and open businesses here in our community Those are good points and um having gone through child care for many years and Coming up with that difficulty. I totally agree with you. Yes So any other comments here? No, okay Is that part of the motion? I mean, we just given staff direction to look into those because I can we do it that way? Or does it need to be part of the motion? I took it as staff direction I think we can leave the motion to just approve the fee schedule for 2019-20 and then give staff to right outside of the motion I'd be more comfortable with that I took it as staff direction, but I have asked for future discussion of yeah, that's what I saw or heard but which is Not a it doesn't need to be a motion to do that No, it's not part of the motion that you made was to approve the the the fees get to which I seconded But in addition that you're asking to look for possible grants and whatever else was asked for I think that's that's outside of the motion Right. Yeah, that's mine. And also asking for a report later from the report. Yeah, right Okay, so not part of the motion. No not part of the motion. Those are just requests Sam I just wanted to get clarification from the mover that that's acceptable to her From what I understand when we request Things from staff. I have to get a general consensus. And so I waited to offer these Requests at this time so you can see how it was related to the fees But the motion on the table is to simply pass item 8d tonight But I would hope that I can gain the consensus from the rest of our group tonight to move forward with my requests to have parks and rec Present and for staff to explore Um a grant program to offset costs for child care centers Thank you I just want to clarify mr. City manager. You can add to this Any council member can ask for any for staff to look into anything that doesn't need a consensus So so you're free to do that And I have a big list. Hold on. No Now the floodgates are open I'm just trying to keep us on track with item d So we do have a motion and a second on the floor. I will just Just put a little info out there about how this process works So right now in our municode the way it's written is that council members can request an item in a future agenda Any council member can request an item in a future agenda at an open meeting I think the intent of the council behind that was as councilwoman Brooks suggested to be able to kind of get a You know read of the room to make sure that the item had a little bit of traction But yes, technically any council member can request an item at a meeting. That's the process to do so So it doesn't need to be part of a motion Okay, so I perceive that we've asked to have a presentation from recreation at a future meeting And we've asked for staff to get back to us on possible grant opportunities or what we can do to support Or encourage or entice Centers to it's already on the to-do list. Okay. Okay. Yeah, I um To to me it's not a technicality. I think um anyone on this board Has an idea and then brings it forth and then we debate it and um, so asking for general consensus Before we've had an option to hear all the ins and outs of that issue and how staff reports Based on their analysis to us Then I want that debate Okay, all those in favor. All right. All those no one against. Okay. So let's move on to um bail schedule And that one's sorry. Oh great. Okay. Good. I'm sorry. I did not know it was you. Oh, yes from the clock Okay, I should read it. It's all right. It's I think it's on the next page. It was there. Yes, and thank you I believe jamie is handling Be slow I'll stall by by explaining this is part two of The items that we're asking you to approve tonight that are charges That the public would pay the first was the fee schedule And those are for services rendered by and determined by the amount of time it takes The second here the bail schedule. This is fines and penalties So this is a separate item um from a fee and is is handled as a separate resolution um, some of our code sections Are general in the sense that they are misdemeanors and infractions and there is a general fee Um set for those and for others we wish to establish a specific fee Um, so that's what we're doing tonight. We have identified 12 Areas where we recently passed ordinances Similar to what we're talking about with the the tobacco Um, once we have put something forth and you have um determined to codify it We then say, okay, if there's a penalty involved, this is how much the penalty should cost So that's the process we're doing tonight And we have 12 many of them are related to the bicycle Work that we did recently We have two items that we realized never had fees attached So those were omissions from previous updates. So there are two items for that And then there's one where the language was revised. So we're just making the bail schedule match The way the item is described currently and the this is the schedule for Kind of the overarching So if there is not a specific fee This is what rules For misdemeanors and infractions And this is an a sample from the new schedule of the various types of fees That we're looking at implementing As you can see for cannabis processing and cultivation Um, the police department recommended a high penalty Bail um for others the PTD personal transportation devices and for The racks and Such it would be a much lower level and it is the police department that recommends these They look at other fees and try to find something That is comparable So You have a the full bail schedule in front of you. There are also some language cleanup Items just typos Other things that we've discovered over time. Um, so the recommendation is to approve the resolution Appealing the last bail schedule and adopting this current bail schedule Are there any questions? Yes any questions? I have none So, um Excuse me. You do have to oh, I'm sorry. Yeah, I look Nice Linda just one question. Thank you for that report. Um on the revised Bail schedule that we got there was an item referencing Failed by mobile home park owners to submit resident list Which was deleted on the revised schedule because it no longer exists in the municipal code So does not need to be yeah, that was pertinent to when we had mobile home rent control. Yes, and so it's okay. Thank you I have a question. So Many of us get Complaints about garbage cans in public view on non-collection days um, leaving them out. So How would that be? Facilitated, how would someone make a complaint and how would this proceed? It's only $50, but I get these complaints all the time That the garbage cans are left out Um In public view, so how would this work? they would need um Would the would the chief would you I could I just don't know how it works are we'll take that call Mr. Mayor council members. Um, so we do receive complaints um, they notify and then we we follow up with Letters or communications to the owners um That they explain what what what the the ordinance is and what the penalties are if they don't Cooperate, um, and then we follow up to see if they've cooperated Um, and but it is still it's a complaint based We don't we don't go around looking for the trash cans out, but we have I would say in the last two years We've probably received about a half a dozen. Okay Would a neighbor or whoever's complaining let's say someone walking down the sidewalk fearful They might bump into something on fall. Um, would they have to give it their name? um I don't think so. I I don't believe they do because we just we we know it because it's it's it's to a residents So we we notify the residents that it's out. There's no there's no name attached to the The the complaint. I don't I don't believe I I'd have to go read look to see what we've done in the past I'm just wanting some clarification. So when people ask me Thank you So at this point any One in the audience would like to make a comment Seeing none back to city council for a motion Comments Second okay Any more discussion? Nope, okay. All those in favor. Hi. Hi. Okay. So passes So with that We go on to item e second meeting Good evening. Thank you council members. Yes. Um, we're here for the second reading of uh, the ordinance To remove optional calpers membership from future councils The first reading was passed at the 328 19 council meeting. Um, just a reminder for those who Don't choose purrs. There's an alternative called pars, which is a social security um, replacement This ordinance would only affect future council members Or future councils, excuse me Um, and so we I hope I clarified the the additional cost for a calpers retirement annually Is about three hundred twenty five dollars more than if a council member participated in pars Um, last time that was a little unclear Um, it is a requirement of purrs to have this in general government. So We're Performing this uh, this reading. Um, so at this point, um, I'm here to answer any questions Any council members Any questions have learned? Okay, and I just had a question the city manager and I asked him to clarify It was my impression that the second readings were normally just on the consent agenda And so I was curious why this came back So I just figured since he shared it with me he could share with uh, with the rest of the council Why we're having a second reading at an open forum Well, yes, that is a that's a requirement of calpers Neither one either the first or the second ring can be on the consent agenda Thank you. Thank you Okay, all those in zero motion public. Oh, I'm sorry. Um, all those in the public would like to make a comment. Please step forward Seeing none back to city council for a motion and I'll make a motion to approve staff recommendation Oh second, okay. It's been yeah, if I just may I didn't support this the first time around so to be consistent I'm going to not support it the second time around Okay, so, um, all those in favor I all those opposed Myself yourself. Okay. Okay. The ordinance passes a second reading with the mayor a mayor trend council member brooks and council member botorfin favor and council member story opposed Hey, thank you with that. I call for adjournment. Thank you very much for all those who attend the capital city council