 Council and staff are meeting via Zoom and there are several ways for the public to watch and participate. Information on how to join the meeting using Zoom or a landline or mobile phone, along with how to submit public comment during the meeting tonight, is available on our website cityofcapitola.org and on the published meeting agenda. The public can also livestream the meeting on our website or on our YouTube channel. As always the meeting is cablecast live on Charter Communications cable TV channel 8 and is being recorded to be rebroadcast on the following Wednesday at 8 a.m. and on Saturday following the first rebroadcast at 1 p.m. on Charter Channel 71 and Comcast Channel 25. Our technician this evening is Walter. Thank you so much Walter and thank you Mayor Story. You wanted a roll call? Yes please. Okay. Council member Bertrand. Present. Council member Brooks. Council member Brown. Okay. Vice Mayor Kaiser. Here. Thank you. And Mayor Story. Here. Thank you. And also I understand that Council member Brown is in the process of long and long. Okay. Thank you. We'll acknowledge your presence. And with that now we'll have the Pledge of Allegiance. I think I will go ahead and lead it with the pledge. So everyone will prepare a pledge of allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible, with liberty and justice for all. Thank you everyone. And I see that Council member Brown is connected to audio. Yeah. Can you hear Council member Brown? I can. I'm just getting my camera set up. All right. She is here. Okay Chloe. Make note of that. I have her down. Thank you. Yes. Next. The second item bring us additions and deletions to the agenda. Is there any requesting additions or deletions? We have no changes proposed to the agenda this evening. All right. Thank you. And the Council members have any requested additions or deletions to the agenda? Okay. Hearing none. I did want to, and this is not really an addition or a deletion, but I wanted to let the Council members know that when, well, Council member Brooks delayed this evening, and however, when she does arrive, which I've informed it should be around 8 p.m., I was going to potentially move about the item on the temporary outdoor dining program, because I think most of our attendees are here for that item. But I will raise that once we know that Council member Brooks is here. So with that, let's move on to presentations this evening. And we have one presentation with the knowledge of local government and economy class of 2023. Is that going to make this presentation or give us an intro? Sorry there. I'm having a hard time unmuting my screen. So we completed the 2022 local government academy just last month. This is the, I think, the sixth time that I've been able to participate in it. It's one of the really neat things that we get to do in Capitola every two years before an election cycle. We try to help citizens who may be interested in the community learn a little bit more about what the city does, what we don't do, which is obviously important as well, and answer questions about how things are, how things are run in our community. So this year we have about 25 participants in our local government academy. And we held four sessions. It was the first time we've done it virtually. It was also the highest participation we've ever had. So it was interesting to see how many folks were interested in doing it. We did do a survey. I haven't seen the results yet to try to get a feeling for whether or not the virtual options actually encouraged more participation. We ended up with presentations from all of our department heads, as well as the leaders of our different divisions in the city. And then we had guest presentations from SoCal Creek Water District, Central Fire, our library, and I'm blanking on one other. One of the presentations from an outside entity, Larry, if you hear me, you can visit the SoCal Creek Water District. Right, of course. It was our beloved superintendent, Scott Turnbull, superintendent of schools for our school district. So I know that we have a couple attendees on today. I just want to personally thank them for their interest in the city. I encourage them to consider serving on boards and commissions in the future. Next week in running for office, I'm going to be able to answer any questions from the council. Any questions from council members? You need top clues to the graduate? Seeing none, I guess I wanted to, as well as my congratulations to all of you guys. This was an academy, graduate of the class of 2022. It's impressive that this was the largest class that we ever had, and even though it was on thin. And maybe it was the cause that was on thin, that came about. But I'm sure that going to the class gave everyone a better understanding of really the narrative of people and agencies and laws that really shape our local government. And with this information, I think it will make you a better citizen and really raise the foundation for you to be able to take that knowledge and make an impact in this community. So congratulations for doing that, and now you can put your capital to the other side. So thank you, and thank you staff for taking the time and effort. So this is a lot of work that is put on that class, and I think the council appreciates it, and the community appreciates the opportunity. So thank you. If that will move on to a report on the closed session from a previous session. Good evening, Mayor and Council members. We had a closed session on the agenda, and you have directed the committee staff. Thank you. Do we have any additional materials for speaking? Yes, Mayor, we did receive seven public comment emails, all regarding item 9E, that's the outdoor dining item. Thank you. Yeah, thank you. Now we'll move on to item 6, this is oral communication by members of the public, and this is on items that are not on the agenda, or on the consent agenda. So if you would like to make a comment, raise your hand in the Zoom, a moderator will allow you to speak, or you can now star 9 on your phone. Also, you can send an email, and two public comments will work at 3i.epicola.ca.us. Larry, just like we have one Zoom, that's going to be with our hands up. Yes, Mayor Shuri, we have Mark Lee Morales. Thank you. My name is Mark Lee Morales. I am a program coordinator for Ventures, and Ventures works with working class of families in California Central Coast to ensure a shared and equitable economic future for all. Our transformative programs include SEMISA, which creates an automatic college savings account for all newborns in Santa Cruz County. And the family has gone months, which provides financial capability efforts to help families build credit and savings. And recently we released a Santa Cruz-like-me in partnership with Santa Cruz County, and the report recognized the value of representative government, including the importance of having diverse lived experiences in form and shape policy and governance. A Santa Cruz-like-me was we start to explore and identify how we are doing at the county. And we did this by doing a simple survey of county boards, commissions, and elected officials. I sent the report to each of you via email, and we wanted to share the report and invite the city of Capitola to consider a similar effort. Ventures would also like to offer support to make it happen. If you have any questions or are interested in following up on this, please feel free to reply to that email. And thank you again for your time. Thank you, Ms. Morales for informing us about Ventures. And Larry, do we have any other attendees with their hands raised? Mayor Stray, I do not see any attendees with their hands raised, and we do not have any email on the slide. Okay, and no phone calls? No, we do not. Okay, so that will conclude the oral communications, and so now let's move on to staff and city council comments, and we'll start with the staff. I think our public works director has an announcement for us. Good evening, Mayor. Good evening, Mayor and Council. I'm very excited to tell you that we received word this week that we have received a grant from the three CE organization for our electric street sweeper. It's a $250,000 grant, and we will be placing the order if it hadn't gone in today, it will go in tomorrow. Unfortunately, there's a six to nine month need time to get the machine built so it'll be a while before we see it. We're excited to receive the grant and move forward with the purchase of that equipment. That's excellent. Thank you, Steve. Yeah. Any other staff comments? Seeing none, I'll ask the council if they have any comments. Yeah, council member Brandt. Thank you. I just wanted to share that this is our last meeting in April and so we're coming up into May and may is both community action months and affordable housing months. And so in our first meeting may have some exciting stuff to share with you about community action and the work of the community action board. I believe that one of our program managers is going to come to another of our meetings in May for public comment and share some information about community action months. And then for affordable housing months, I know there's several events happening throughout the month of May, including some put on by housing Santa Cruz County, which is a great organization that works to provide and support affordable housing in our region. So just something to keep in mind and to look out for is that in our coming meetings in May, I will have some things to share about community action and affordable housing. Thank you council member Brown. Any other council members have comments this evening. Okay, going going. On seeing none will then move on to our consent calendar for this evening. These items on the consent and they are three of them this evening that are posted on the agenda will be taken with one vote, unless the member of the council wishes to pull a night. Seeing none, I'll entertain a motion to approve the consent calendar. I'll move approval. I second that. I have a motion by council member Brown and the second by vice mayor Kaiser to approve the consent calendar. And we have to have a roll call both man play. Number Bertrand. You're on mute council member Bertrand. You're still on mute. I approve. Council member Brown. Vice mayor Kaiser. Hi. And mayor story. Hi. So the consent items passed unanimously by the council members who are present. At the moment. We're going to move on to our next item, which will now bring us to item nine, which is the general government public hearing. The first item is to approve planned specifications and budget for the clear street traffic calming project. And authorize the department of public works to advertise for construction. So you want to lead us in this discussion. I'll start it off with me again. Mayor and council. Actually, the presentation tonight can be given by our project manager. Who has been the lead on this project. And has worked very hard in putting it together and gathering all the funding. So with that, I'd like to hand it off to chaos and ask him to give the presentation. Thank you, Steve. I'll start sharing my screen now. Larry, can you tell me if you guys can hear me okay? You can hear you great. All right. How do I look there? Green looks good. Perfect. Thank you. Good evening, mayor and council members. The public works team is excited to bring this clear street traffic calming improvement project to you tonight. In this first slide, we show the limits of the project. This is a very dense residential area here. The project limits start at the intersection at Claire's and 41st Avenue. And then all the way east to the intersection at Warf Road and Claire's. Since it's such a residential area, we feel that all the enhancements we're bringing here will really enhance the community for the media residents. And then those that use Claire's to get around town by foot, by to go in and through their cars. In this slide, we walk through the project goals. Now, depending on how you use Claire's, you might rank these in different order. So we're just going to say, you know, this isn't a priority ranking, but kind of just an overall, all the things that we're going to be able to bring to the community with this project. So the, the first one that I wanted to highlight is the road condition. You know, for those of you that use Claire's on road by car or bicycle are probably familiar with the condition of the road. The pavement score is about 54 out of 100. So it's fairly low and has quite a few different issues with cracks and potholes and things of that nature that make it quite a challenge sometimes to navigate. So the project will rehabilitate the entire roadway. So that should bring a nice smooth driving surface for both vehicles and pedestrian and cyclists. The second thing we'll be able to bring to the community here is enhancing for both pedestrians and bicycles. So, by, by adding new crossings on Claire street. The only places that you can cross Claire's are at the limits of the streets. So at the far end of Warf Road. And the other end at 41 other only two places that we have crosswalk. So we will be adding crosswalks. And I'll highlight that a little bit more in a following slide. One other component that we're bringing is bringing enhanced safety and visibility at both intersections of Warf and Claire's and Claire's and 41st. We'll go through the striping enhancements and the signage that's going to be updated for those intersections that are aimed to bring more visibility to those using the intersection by foot and by bicycle. And then one of the things that we often think about with any of our projects is just the impacts of the immediate residents and community that uses the area. So, you know, if we were to do a concrete road, it would take a week to clear and people wouldn't be able to come in and out. So we're looking at the different options for rehabilitation of the road. What we've done is selected treatment, which is called in place for cycling, which we did a few years back on Monterey and Park Avenue. And we were extremely pleased with that because it allowed the residents to get right back on the road with almost, you know, no notice to having not being able to travel. So it's a really strong treatment and it also happens fairly rapidly. And so the turnaround time to be going from the existing condition to the brand new road is fairly remarkable. And I think when we see it out there, it'll be, you know, short and sweet. And then, you know, people leave back on the brand new road and it should be should go fairly quickly there. And then we'll move on to the next slide. And I wanted to acknowledge all the help input that we got over the years on this project. So this started out years before I even started here at the city and has gone through quite a few rounds of public workshops. Most recently we did workshops during during the COVID and so we did a virtual workshop. It worked really well. We ended up with about 20 participants and got a lot of good input from the immediate community members there. Often, we have the quite a few HLA's and they all had a representative that that chimed in during those workshops, and we're able to provide kind of a collaborative voice for their their immediate community. Speaking to the needs that they have and the challenges that they have, and it was very productive provided a little bit of input that, you know, I think we often I often tell the residents that we really appreciate their input because they were tasked with looking at the whole city. You know, they live at that particular corner every single day and so getting that kind of insight is always very helpful for us. And in addition to the workshop we had an online survey, which was allowed those that weren't available to go to that workshop or attend the workshop to still provide their comments. And we had almost 80 comments are participants that provided all their answers to that that online survey that we did through Survey Monkey, which was also, you know, kind of reiterated some of the points that were brought up during the public workshop. Then in addition to our public outreach, we also worked with the Santa Cruz RTC Bicycle Advisory Committee as well as the elderly and disabled transportation advisory committee. Again, there, those two committees have, you know, their unique perspective and provided insight into some of the options that we were looking at early on and gave us some insight. For example, we were looking at here and on the, on the slide you can see on the right hand side, we had kind of mocked up a few different options for, for how a crossing could look at it at the intersection. And one of the things we were looking at was the difference between say a bulb out, which is the area on the bottom where the sidewalk gets further out into the street. And initially thinking that might be a benefit to the, to the pedestrians but hearing from the D and D attack. They told us that oftentimes, you know, if you're vision impaired. It feels dangerous to be out on the bulb out so we ended up kind of walking back from the bulb out idea and moving to just to crop the raised crosswalk so those types of insights are always really helpful and so we really appreciate the input that we get from those committees. I also wanted to acknowledge our engineering and design teams here we have Kimmy Horn as our chief civil design team and then recently we started working with pavement engineering and and they are our kind of our pavement specialist so they provided input on some of our decisions as far as the treatment that we were going to select for the project. And here on this slide, I wanted to give a little bit of detail on the pedestrian and bicycle safety improvements so we'll start first with cycling improvements so we already have with the class two bike lane which is a dedicated bike lane on either side. But what we're adding to that is the current roadway has about 13 feet of width for each vehicle lane. And so by reducing the width of that lane. We should have a slight reduction in speed and then also allow this opportunity to add what are called buffered bike lanes. So in that image on the left you can see that there's a little striped area that provides a buffer between the cyclists and the vehicles so there's a little bit more safety there makes it a little bit more easy for the drivers to see that there's a bike lane and then should make it a more enjoyable experience for those that are using this as a as a cycling route. In addition to that I don't have a figure showing it but we can see it in the later slide that we're also going to be adding green bike lanes so at the start of each intersection. Those areas where the bike lane initiates will be highlighted in green paint. And that's becoming more and more of a kind of a regional standard that we're seeing throughout the community and throughout the state, where that just highlights the fact that the bike lane and so vehicles making turns on to the street will be kind of reminded that to make some space for the cyclists as they're coming up and down the street. And then now moving on to the pedestrian improvements for the crossing. So one thing like we had mentioned earlier that, you know, being that there's only two places to cross the street right now. And with the, you know, completion of the brand new library, we wanted to see what we could do to make it a make some more safe spots for pedestrians to come across the street. And so, as part of our survey we kind of we looked at the different locations we were contemplating and, and highlighted these and so we fell on here is what we're going to install are these raised crosswalks or speed tables. The same design that we use over on Jade Street and 42nd a few years back that have been well received by the community and did demonstrate to show a reduction in speed for them for the vehicles, but also provided more visibility for the pedestrian crossing the street and by by raising the sidewalk or the crosswalk pedestrians are about six inches taller than they would be normally so they're easier to see for the for vehicles coming. It also gives them a little bit more of a vantage point. And as a kind of slows cars down right before they get to the crossing and also allows the pedestrians to go across. Another thing that will be adding to these raised crosswalks are the the RFP rectangular rapid flashing beacons which is a will be a push button system where we might might be familiar with seeing those over by the DMV and over by to we have it over by new bright school where you press the button and you get a series of flashing lights that really done highlights the fact that the pedestrian is going to be crossing. Each of those three crossing will have those as well. Now moving on to the intersection enhancement. I will start with the intersection at 41st and Claire's on the left side of the screen. What we'll be doing here is, is again, you can see those those green bike lanes and that currently as a cyclist going west down on Claire's when you hit 41st. There really isn't dedicated by playing the bike lane and so what we're doing here by by slightly narrowing the roadway for the vehicles we're adding a little bit more space for the cyclists to come through. And that way they have a dedicated lane to put themselves into either make go straight across 41st or turn left and go south on 41st while still allowing vehicles to turn right and have that dedicated right lane going north towards the freeway. And then looking over at the library intersection at Warfrode, we're happy to be able to provide this and Council Member Brown might be familiar with this concept she brought to us a handful of years ago, which was a little kind of interesting pamphlet on intersection enhancement. And it was a pamphlet that showed all these different types of treatments that can be done with an intersection to just bring more visibility and a little bit of color and you know excitement to the intersection and so we thought it was a really nice add to the project by having if you can tell if you look a little bit like turn your head a little you can tell that it's supposed to be a bookshelf that's going across the crosswalk and so that should kind of highlight the fact that we're at the library but also bring a little bit more color and that way the pedestrians are there. The idea is that vehicles are just going to be able to just brighten the intersection up. And then in addition we're adding the green cycle track which is a dedicated green bike lane that shows that cyclists are will be crossing in that area. And again, that improves the safety and visibility of the cyclist at an intersection. So we've come to our kind of current estimate for schedule cost and funding so right now we're finished with complete completed our engineering design and with your approval tonight we would be able to take this project out to bid for construction with that happening, you know, approximately for bid opening puts us into construction, depending on the contractors availability probably late into the late summer fall to winter and be finished before the winter starts from a funding perspective, kind of outline the funding sources we have it's a little bit of a blend of sort of measure D, some general funds and also some funding allocations a combination of funding allocations to the RTC with the total less total funding amount is $100,000 or so about greater than our project estimate at a million one. And so that gives us a, you know, comfort that we're fully funded for the project and able to bring this project to the community. So with that, our recommended action is for with us for council to approve these plans and specifications to allow us to bid this project. And I'm happy to answer any questions or receive any comments from council or the community. The questions from council members on a last report. Thank you. Yes. Thank you very much for your report answered quite a few questions I had in reading the report to begin with this in the staff presentation in our agenda. Richard, I thought we're going to get some RDA money for this because, you know, at the time we were thinking about it as a project for RDA. Did that never take any funds from RDA or did it just go poof when Governor Brown took everything away. So I didn't know you were on feet. Yes, the RDA funding. We don't have any RDA funding for this project and when the RDAs were dissolved that funding went away. Okay, so there was some funding. It just got clawed back. Yeah, actually, Steve, you may be able to tell me out here. My recollection is that we did set aside some funding at one point and then it got reprogrammed into another project. I don't remember if we ever put RDA dollars in them. Okay, thank you. Yeah, the questions and council members. Seeing none. Thank you for that presentation. I think we're very pleased to see the improvements happening on Claire's street, but I guess a couple of questions. I wonder if you could bring up that slide showing the intersection at 41st Avenue and the activity of the bike lane. This one. Yeah, yeah, that one right there. I mean, with the green dots, does that show that the bike lane kind of words to the center as it goes across 41st Avenue. That's correct. Yes. And that was the design consideration that we brought to the bicycle committee. We originally had that hugging the curb line the whole way. And it was a comment from the bicycle committee that this, this is kind of the more. I guess common way that they're trying to update commuting opportunities for cyclists that you give them a dedicated lane for that. Instead of being in conflict with the right turn pocket, they're, they're kind of in a zone where they're no longer dealing with that conflicting cost traffic. Instead of potentially dealing with the right turn vehicles at the, at the stop, they've had the opportunity to move over and be in a protected dedicated bike lane between the street and the right turn lane. And that was what they recommended. It's similar to what we, we kind of did that similarly. We had the green bike box. It's not quite the same because there's a dedicated right turn, but this was, it was something that we ran past that committee. And this was a strong recommendation by them to augment the way we have the striping plan and then put it in this orientation. Does that answer your question? I think your audio. I think we lost my story. I think so. Yeah. Well, while he's signing back on, Jacques, do you have another question? Yes, I do, Vice Mayor. So, you know, I know in your presentation you did quite a bit of reach out over time, even before you started with the neighborhood. I think that's great. Is the city developing the same kind of outreach to people because there's a lot of like the HOAs on one side near the library, they can't get out, right? So, how's that being handled so that when the streets being worked, we won't have cars trying to cross? Do you mean during construction? Yes, I do. Yeah, so that again was kind of why we were very happy that the Colton Place recycling was an option that we could use to treat this because really it's only going to be a portion of the day that you won't be able to drive on the road. So the way that the project will go and slide back to that, that kind of bottom right picture there, it's basically a train of construction vehicles that the first, the first vehicle is turning up the existing asphalt. And then the second one brings it in and actually mixes that up and then relays it down. And so you end up with a new road surface immediately. So that allows vehicles back on the road that same day. And then you come back another with an overlay that goes on top of that. And so the impacts to the community are really brief. And so even we won't end up with having people not able to come in and out that same day. I think there'll be a duration during the middle of the day that they aren't able to enter and exit. But outside of that, those all the driveways will be accessible by the end of that work day. Yeah, I know the city did pretty good job because it was on Monterey Avenue when I crossed my front of my house. So as long as the neighbors know and it seems to me that you are reaching out to the neighbors and that could be important for them. You know, in addition to that, we'll be we'll be sending out flyers and postcards for the, we always do that with a kind of about a 300 foot buffer depending we kind of look at it closely to make sure we're capturing all the immediately affected residents and we'll send out information about the contractor is selected and we have a sense of what the timeline for the project will send up postcards providing project contact information for myself as well as the contractor and then a brief kind of expectation of what the timeline will be for construction related impacts. One follow up question. This overlay after grinding, etc. Does this save the city money with material? I mean, it's faster, but is this less costly and still effective? Yeah, I'd say, you know, it's hard to, you know, predict exactly how things would go. But yeah, the other options would be to grind out the entire road, like eight inches of red base and bring in all new material. You know, another consideration there is just from an environmental perspective. A lot of times, you know, you want to, I guess we try to think of our asphalt even our existing asphalt, no matter what the condition of it is, it's still an asset of our so by using the cold in place recycling method. We're making use of the existing asphalt rather than spending, you know, trucks and trucks of materials off hauling to the dump and bringing in all brand new material will still having to bring in some new materials for the top, but we're able to make use of the existing asphalt, add some, some treatment to it to strengthen and kind of solidify it a little bit more, and then put it right back in place. And so it's both a speed, kind of an environmental kind of recycling method. And, and, you know, that I think those are those are some of the benefits of going that route. Thank you very much. Sounds great. I guess I have some technical difficulties and got knocked out there for a minute, but Kaila, if we could go back to the 41st Avenue intersection and I guess my question was, whether there's any concerns because it appears that the cars and the bikes are crossing at that point. Is that accurate? Yes, that's right. Yeah, I don't know when you click off, but so that's correct. So what the cyclists will do, they'll be coming down, coming westbound on clairs, and at that section where there's the green lane that crosses, that's kind of a that is a crossing area. And that's where the cyclists are able to cross over and then turn, get onto a dedicated bike lane in the middle. And the rationale behind that was that there's a right-turn lane pocket. The alternative would be to have the cyclists right along the curb line. But then what you have there is you have the conflict of when a green light, when the light turns green, you have cyclists wanting to either go straight or left, but you also have cars that want to turn right. It becomes a zone where you could have a little bit more conflict, you know, hopefully, you know, opportunities to have, you know, what you wouldn't want to have is a conflict of those two types of pedestrian modes of travel. So this was the rationale here was to give the cyclists a protected lane that allows them to either go straight or left. And this was a strong recommendation from the Bicycle Committee at the RTC. And you mentioned it's a protected lane. I can't, from this drawing, I can't quite tell how it's protected. Is that because it's in the, well, tell me how it's a protected bike lane? Sure. Yeah. I would say, you know, in comparison to the way it is now. So right now the bike lane ends back where, right after Derby, which is this first green box, that's Derby Avenue to the north. So right after that, currently, the bike lane just disappears and we only have the right turn lane and the vehicle straight left lane. And so by slightly narrowing the vehicle lane, we've added the dedicated bike lane all the way to the end of the intersection. And then the cyclists can go all the way to the queue, all the way to the front. They don't need to wait behind any of the vehicles because currently, if you cycle down that street, you're kind of in a limbo where you're either behind the car that are turning right or you squeeze and you kind of ride the lane between the two cars. And so this provides an opportunity for cyclists to have their dedicated space that will allow them to make either a straight or left turning movement. Okay. I guess the theory is that the cars and the bikes there are going to be a conflict at some point. Even if you ran the bike lane all the way up to 41st Avenue on the side of the road. Correct. And this is just moving that kind of crossing pattern back away from the intersection where theoretically it would be safer to do that. That's right. Okay. Okay. Steve, did you want to add something to that? I just wanted to mention that this is a common alignment we use. It's actually the intersection of Bay Avenue and Capitol Avenue on Bay as you're coming into the city where we have a dedicated right onto Capitol Avenue there. There's a bike lane shifts there too. And also right at 41st and Claire's in the southbound direction in front of Burger King. There's a bike lane that switches away from to the outside of the dedicated right turn. So it's very something bicycles are very comfortable with and certainly the preferred design. Okay. All right. Thank you. Are there any other questions on the staff report? Seeing none, I'm going to go out to the public or attendees. If you'd like to comment on this item, just raise your hand and zoom. I see one up now. Or you can dial star nine on your phone. And the moderator will give you three minutes to speak. You can also send an email to public comment. And that's the idea of that. And Larry, if you could. Allow the attendees. Yeah, so we have well, Mayor story, we have Bridget Hawkins. Okay. Thank you. Hi, thank you. I just want to say I was on the government Academy with Jamie. I really enjoyed it. I'm a resident of Claire street actually where the proposed crosswalk is to be like right in front of my house condos. Is that I think you said there's just the one crosswalk. Is that also going to be a calming bump. And did you say there was a second calming bump. I'm sorry if I missed it. Yeah, Kayla, she want to respond to this talking. Sure. Yeah, thank you for the question. And yeah, I may have not highlighted that accurately. There's three crossing. So there's one 42nd one mid block right at the middle. Kind of the street of the of Claire's midway between 41st and warf and then one just to the right of 46 will be a total of three raised crosswalk all three will be raised and all three will have the rapid flashing beacon with the push button there. Okay, three of them. And then two more on that one is, are you reducing parking on that on Claire's on the street. There are a total of eight parking spots that are going to be have to be reduced as a result of the installation of those those pedestrian safety measures. And then the other question is there's quite a bit of traffic from fire and police, especially fire coming down Claire's is that now that there's the calming bumps, are they going to be doing an alternate route or has that been thought through. So, in our experience, no, that hasn't been posed a challenge to any of those vehicles. We have them on jade street and 42nd currently. And prior to installing those we did, we did communicate with emergency services and that there's no conflict with them able to use these streets that just, you know, it. I think the average speed is, you know, you have to go from a little bit slower than you would so you're not going to go to full speed limit, but you can still easily travel over and it doesn't it doesn't preclude any of those types of vehicles from being able to access the area. Great. I appreciate all the work. I'm sure it'll look great. Thank you. Thank you. Any other attendees that would like to comment on this item. Very new year. Yeah, Mayor's story. I do not see any other attendees with their hands raised on this. And we have not received any email. Okay, I'll bring this back to the council. But before we receive with emotion. I did have one follow up question concerning the crosswalk in front of the library plus war growth. You know, with the book, they look and the different colors that look very attractive. I just want to know about the durability and. And how well it would wear and the ease of refreshing it at some point in the future. That's a good question. So the, the material that it's going to go down with is similar to what the green bike lanes currently in the city are using. So it's a thermal plastic. It's a, it has a texture to it. So it's not smooth. So pedestrians will be able to walk. You know, it's not going to create any slipping issues. It will wear over time, but it's definitely stronger than any type of paint that you typically see. It's, it's going to have a similar service life is what we would see for any of other thermal plastic that goes down. And that definitely lasts a good number of years more than typical paint, but it probably will need some refreshing at times. And they have done a quite a number of these and it seems that they're they're experiencing that it's lasting fairly well, but not to say that there won't be a need to maybe either refresh or, or, you know, potentially I would imagine mainly doing within the vehicle, like the pyrilanes that are going to wear faster. It shouldn't be something that we're needing to do every two years. It should last a good five, 10 years before we're having to do a full new repaint in that area. Yeah. Is it done with a, and therefore would be, you know, refresh using a stencil? Yeah, it's a stencil of sorts that would be used. So, you know, and in that layout, the exact design, I think we that's, that's our, you know, our mock up for what we were anticipating it to be. I think the exact color scheme could be updated if that we felt like that wasn't going to work. So currently that's what we're moving forward with. We went through a few different color options and felt like that looked like the best kind of set for for the area. Okay. Well, thank you. So now I will bring this to the council for further council deliberation and hopefully a motion. Yes, council member Brown. Thank you. I'm really excited about this project. I think it's long awaited. We've been talking about the need for improvements on clear street for a really long time. And I'm kind of pleasantly surprised to see this decorative crosswalk. I can't believe that you've all held on to that idea that I, I brought to you like, that had to be three or four years ago. It's way pre pandemic from, from some kind of brochure information that I think I had seen it at one of the league of cities conferences or something. So I'm so excited to see that that's still around. I've completely forgotten about it. So I'm really excited about this. And I would like to move approval of the recommendation. I will definitely second that and thank you for all your hard work and the presentation. I'm super excited to see us go through. Thank good. There's been a motion and a second and council member Bertrand. Have a comment. Yeah, I'm very excited about this as well. It's been a project that's been a long time in the making and, you know, a particular issue is the residents and the HOA and other areas on the other side of the street. They really have to cross on their own unless they're going to go to 41st or the park. And then the other aspect is, it's very dark at night. I often walk there at night and, you know, you just don't see anything at all pretty much. So with the crossings and the blinking lights, thanks, Kailash, for putting that in the plan. And I think all in all, you know, I haven't heard of any accents and fatalities on that street, but I think a lot of people will feel a lot more comfortable because of the improvements. And thank you very much again. All right, thank you. With that I'll ask the clerk to conduct a roll call both. Council Member Bertrand. I agree. Council Member Brown. Hi. Vice Mayor Kaiser. Hi. Your story. And that motion passes unanimously. Story, we're having a little bit of trouble with your audio. Do you want to maybe try shutting off your video and seeing if that improves the audio. Okay. So we're moving on to nine B we have a presentation regarding the Senate bill nine and draft city ordinance. We are hearing from Katie, I believe. Can you hear me okay. Yes, sounds good. Let's go. Okay, thank you. Good evening vice mayor Kaiser and council. Hopefully our mayor can reconnect and heard tonight before you I want to introduce the SB nine ordinance and this is I'll be bringing this to you at our next hearing for at first reading, but I wanted to get this out to you early because it is a new land use ordinance. It's going to be a high level review and please as you go through it over the next couple weeks, feel free to reach out to me if you want me to guide you through any specific points because there's a lot more in the ordinance that I'm presenting this evening. So, if I can get my presentation. There we go. So within SB nine. There's a specific effect on January 1 2022. Within SB nine is the big game changer for the R one single family neighborhood. Every lot within a single family neighborhood, if it means certain qualifications is, it can now be split into two lots. And on each lot, you can have two new residential units. The requirement is the state that we allow each unit at least to have 800 square foot feet per unit. And then the minimum parcel size for the new lot split is 1200 square feet so you can get up to 1600 square feet on 1200 square feet of lots. So, two units per lot. So it makes effects in our one zone. So here, all of the lighter yellow parcels are capital is our one zone. As we started looking at SB nine with our planning commission and talking about when when an SB nine project comes in, it has to be reviewed administratively by staff and we're allowed to adopt an ordinance that creates objective standards. So standards that can be measured and they have to be quantitative. And so we started to look at the SB nine model, SB nine with planning commission and as we got deeper into it, we're starting to notice some trends of how SB nine actually sits on our small lots and so we looked at three typical lot sizes. One, the riverview terrace areas made up of 40 by 70 square foot 40 by 70 lots of 2800 square feet, the jewel box at 3200 square feet and then clip would height is larger lots of 6000. So here you're seeing the clip would height lots typical size about 6000 square feet. One neighborhood in which SB nine will work a capitol. The depot hill neighborhood your typical lot size 3200 square feet a lot of 40 by 80. SB nine doesn't fit as perfectly in depot hill neighborhood. So then in working with this we had an outside consultant draw up some models for us to show exactly as we started talking about the placement of parking how would this work. So the locks you're seeing here I thought I'd first show where it actually works. So this would be a clip would height lot 60 feet wide 100 feet deep. Under the code we were required under SB nine you're you can require four feet side and rear yard setbacks and then we put in a front yard setback at 15 feet which is typical for our one zone. And here you're seeing models that work within two stories and there's one parking space for each unit. And the planning commission and considering SB nine had directed staff at the first meeting that they really like to see share driveway access in order to preserve street parking. So the more driveway access as you put in more curb cuts you lose on street parking. This next model is a 40 by 80 lot so this is typical for your people hill neighborhood. And here you're seeing under the scenario on the top right. It's a two stories of SB nine and each unit's required to have one parking space and so under this scenario. These are all eight hundred square foot units that you're seeing by putting in that scenario parking in the front. The SB nine units can fit within two stories but there's minimal any green space or open space on the lot. And you lose all your street parking on the scenarios B and C you're seeing a shared access point will be the one driveway. And at that point in order to accommodate the eight hundred square feet we the model you have to go to a third story. So that is what you're seeing here and then on the right under C there's a one shared access along the side but the two units in the front would also need Driveways into garages under them. So really we have got one model that works under B that is a shared access that maintains the street parking. So on March 31 the planning commission first saw this in February and then we came back with these concepts and we asked the commission looking at these different models. Where do they land in terms of would they rather the parking be in the front or would they rather go to three stories and have that shared access. The commission came back and three out of the five supported the scenario B so a shared access parking in the back and not allowing street parking parking to take up the whole front yard. So under that scenario the street parking is preserved. So in drafting the ordinance and knowing from these models what would work and what would not. We drafted an ordinance that for a lot greater than five thousand five hundred square feet that's kind of the magic number where FB nine works and capital or that you can get a full 15 foot front yard set back and parking a shared parking configuration towards the back and only one with a shared driveway. So all of the standards can mean you met on these larger lots. However, so the ordinance has all of the standards to see in the slide in it for lots greater than five thousand five hundred square feet. Then the ordinance has a section for lots that are less than five thousand five hundred square feet. And what we did there is as the lot size decreases the setback decrease in the ordinance and height additional height is allowed. So you'll when you go through the second table for a lot less than five thousand five hundred square feet. That's what you're seeing is that the additional height will be allowed and decreased step back. We sent our ordinance over to the Coastal Commission to get input from them as well. There was also a document that I included in the packet that came out from Coastal Commission. And really what the what the Coastal Commission is saying is that they want FB nine projects to be in harmony with the Coastal Act. So we have a duty to protect our Coastal access and recreation opportunities. So I'm looking at FB nine and getting the feedback we got from the Coastal Commission. One modification we made is that FB nine projects will be prohibited in areas with geological hazards. So that's along our block. They'll also be prohibited within the 100 and 500 year flood hazard areas. So along the Soquel Creek area and also they'll they're prohibited in environmentally sensitive habitat areas. Another change that we made to protect our coastal resources is access is a big deal in terms of allowing the public to get to the beach. So under FB nine, there is an exception that within if a development is in within one half mile walking distance of a high quality transit corridor or a major transit stop or within one block. There is a car share vehicle that they is parking can be exempt. However, within our ordinance trying to maintain those parking spaces along our streets are very important. We are not allowing this exemption in the neighborhoods that are closer to our beach. So the jewel box, upper Riverview and Riverview and Depot Hill and some areas north of Park Avenue and the village. So that was my high level overview of FB nine and our next steps is I plan to bring the first reading of this city council at our next meeting on May 12. And then the second reading on May 26. And then following that it will go to the coastal commission for certification. And like I said, this is a very, it's a complex ordinance. I'm happy to spend time with you over the next few weeks. If you read through it and have questions. And with that, I'm available for question. Thank you. Are there any questions and I just, I seem to be having an activity issues. So you'll hear my voice, but you won't see my face for the duration. And I want to welcome council member Brooks to the meeting. Are there questions on the staff report. I've seen none. I did have a question relationship to the limitation on demolition of affordable and rental housing. And I'm referencing page 58 of the agenda packet item C. And the way the ordinance read that, you know, a parcel that has been issued to the property owner, which an owner of residential real property has exercised the owner's life. And it says to evict tenants. Use of the property owner's decision to not all that use the property for rental housing. However, under this statute. It doesn't make reference to eviction. It just says that the owner withdraws the accommodation. And I just wanted to, I guess, raise that question. And I don't, you don't really need to answer tonight. Maybe I know we're going to be looking at this again in the future. So I thought maybe if nothing else, I'll just pose the question. And you can maybe bring that back to us at the next session. Yes, I'll review that with our city attorney in preparation of the next meeting. Thank you. Thank you. And. Seeing no other question. And since council member Brooks is now here. I'm going to reorder the agenda. So that we can. I think deal with the topic that most of our attendees are here this evening. To participate in. So what I would like to do is defer item nine. The until the end of the agenda. And bring up now item nine. And then we'll go to the temporary house bill dining. Then we'll go to the temporary village parking committee bill as an appointment. And then come back at the end to item nine. So with that, let's move on to item nine. And then we'll go to the temporary house bill dining program. And the recommended action is to receive a report on the coastal commission certification. Of ordinance. In 50. Outdoor dining and the public right away. And to consider adopting the proposed resolutions extending the COVID-19 temporary outdoor dining use format. With new modified conditions, including fees. And we have the staff report, please. Excuse me, mayor. Sorry to interrupt. I do need to recuse myself for my financial relationship with paradise beach thrill, which is within the village. All right. Thank you. Keep an eye on us. And so, you know, when to come back. Thank you, mayor. Thank you council. Share my screen. Okay. Can you see that? Okay. It looks good. Thank you. Okay. Tonight I'm going to provide you with an update to our temporary outdoor dining program. A little background to begin back in 2020. We, the become so past emergency order. Number four, which allowed local businesses to utilize outdoor space for commercial activities. Both on public streets and private parking lot. We've continued this item. This will four times at this point. So tonight would be the fifth continuation of the outdoor dining emergency order. The last time it was continued was on December 1st, 2021. And it was in conjunction with when we had completed our new ordinance for outdoor dining. And we anticipated the outdoor dining to be certified by the coastal commission in either April or May. And so it was continued to May 31st. And at this point in time, the coastal commission certification is currently delayed. We're working through a few items with the coastal commission on our ordinance. And we, so tonight the discussion is whether or not the outdoor dining should be continued beyond May 31st. And if so, how? So we'll start with the outdoor dining. The current state. The temporary outdoor dining. There's 19 active temporary outdoor dining permits. One is on the work. There are 16 outside the village. And then another 12 within the village. So I'll start with outside the village. There were a number of more of outdoor dining. Establishments outside the village. And we have one with a big tent. Many of them would have gone away and have reverted back to parking due to the use of the indoor space now. But there are six located outside the village. They're in private parking lots or on private open space. And in our review of these, they seem to be well maintained. They're on their private property and they remain available for patrons. There are 13. So 10 of these are for restaurants. And they're located within 27 public parking spaces. And then two of the outdoor dining space in the village are within sidewalks. And then one is on the wharf. So these are some great pictures of showing active outdoor dining or ready for activity. And then one of the most popular ones is the outdoor dining space. So as we've been working through this, I want to first state that in the report, I have brought up some ongoing concerns. Many of the restaurants. There's been great successes. And so I feel bad kind of picking on. What isn't working. But I want to say there has been great success out there. So it's been an absolutely extraordinary. Use of the outdoor dining, but just be, we have to have some ongoing concerns. I'm going to highlight those tonight. One concern we have is that the outdoor dining is. Not always available to patrons. And this is valued public parking areas. So when we see the outdoor dining continue to not be utilized by patrons for the use that it. that we're planning on it for and also that it's been unorganized as well so doesn't even look welcoming to the patrons to come in and sit down. The upkeep and maintenance has been an issue so there are a lot of broken pots out there there are plants that haven't been replanted into pots and then we've been we spent 10 days monitoring there was a group that would go out at lunch and then also at night at 6 p.m. to check on how many of the outdoor dining locations were utilized and what condition they were in and you know there was a common occurrence to find trash on the ground and not only would it be there for one day you know under the notes it was the same trash would be there two three days later so just upkeep and maintenance has been an issue. Our city benches were included in the original design we're just about to enter into our third year of our third summer of outdoor dining as this continues and at this point we really like to remove the city benches from the design from the outdoor dining we've had many comments and requests from the public to return the benches to their original use and for the good of the public so that is one of our suggestions tonight is to return the benches to their original location and also when we consider this I just want I listed the upcoming special events for the council to be aware of the first one capital a rod and custom classic car show is on June 11th through 12th so we'll just keep that date in mind so how should we address these challenges that we've seen we've done a lot of brainstorming on the outdoor dining and tonight we're asking whether or not it should continue if the council would like it to continue that we're suggesting that it we add an open for use requirement to ensure that any outdoor dining is open for a minimum of five days per week and that the seating is made available for patrons we're the second suggestion is to remove all city benches in its place we would require that pot feet installed every five feet and then we're suggesting requiring a maintenance deposit of $500 and what this would be for is to prevent the issues I just highlighted so on random occasions staff would go through and check on the outdoor dining and see if they're clean see if plants are alive and maintain has the ground been swept and when we find non-compliance we could result in an administrative citation and then that administrative citation would come out of the $500 deposit if the $500 deposit were to be depleted for multiple citations at that point we would we invoke the permit for non-compliance the other the fourth item that we're suggesting is to require rent of $1.50 per square foot per month due to which would be due on the 15th of the month prior so this is approximately $283 per month per parking space and that having it due on the 15th of the month prior allows us to know whether or not a parking space will be converted also as I mentioned with the car show coming up we would want this to take effect in May so by May 15th we would know exactly who is continuing to participate beyond May 31st so also if the city council would like to extend we are going to have to modify the resolution to add more specificity there so it in extension adding an extension date to the resolution I've got two examples of here that I can pull this slide back up but really we the council can either extend all temporary permits to a specific date or you can separate the village from the city-wide knowing that the village that the suggested date right now from staff is that the temporary outdoor dining the extended two months following the coastal commission certification so that the third of the coastal commission certification those the outdoor dining program will be available to all of the restaurants in the village the restaurant outside the village the six that I mentioned earlier in order for them to continue outdoor dining they would have to come in to the planning planning and amend their conditional use permit to add a permanent outdoor dining so that the city council has the option tonight to make different dates for the extensions between the village and the rest of the city so in the recommendation is to consider adopting the proposed resolution with the recommended changes extending the COVID-19 temporary outdoor dining use permits with new modified conditions including fees and adding the therefore provisions for the extension date so with that I'm available for questions yeah councilmember Bertrand thank you very much for your presentation Katie and I took particular note of your monitoring and yes I think it points out some issues not only cleanliness but also the use of the parking spots and you know we provided these parking spots so that they can be used by the restaurants would you say that there was a decreased use of the parklet areas after we sort of start relaxing from COVID and more people were willing to go indoors for the restaurants did you get a sense of that because I'm trying to understand what's driving this that seems to be part of it yeah since restaurants have opened to full occupancy and as people are getting more comfortable I do think because there there are additional seats inside and the comfort level is increasing that more seats are being utilized inside and less outside so in did you talk to any of the restaurant owners or management of the restaurant owners and get a sense that this may make them reevaluate whether they want to keep the parklet especially at the increased costs and the cost to build one this is something to be determined but you know we're sort of at a juncture right now I'm just wondering what kind of sense you've got you know I've only talked to a couple of the restaurant owners about their intentions if this were to be continued and we were to add a fee and what I am hearing is that they would like to continue with our outdoor dining okay and then I like the idea of returning the benches I think most of us have gotten emails especially at the beginning that visitors to capitol missed the benches so they can watch the waves and junior car just coming up you know we just love having parents watch the junior guard and participate in sitting on a bench so that's greatly missed was that brought up to any of the restaurant tours because they're going to have to provide the planners and the new barrier basically so I I sent out an email to all of the participating restaurants last week with a connection to the staff report we've heard public comment from quite a few in the form of letters or email the past 24 hours so there has been that feedback but there the the link to the to this meeting with the staff report was sent to all participating restaurants so everyone should be informed at this point of the action that City Council taking the statement okay thank you very much and I appreciate your survey it points out a lot of issues that I think we need to address and I too have gotten comments about how our park that seem to appear to visitors to capitol and you know that leads me to have quite a bit of concern thank you the question oh yes council member Brooks thank you mayor story kitty I made it may miss this in your report in regards to why really extending the temporary ordinance then moving forward with the permanent I didn't see it maybe I missed it like a tie is there like timeline issues is what what's really the the issue there of not moving forward with an ordinance and that so that's my first part of the question the second part has staff looked at so one thing I mentioned at our last conversation was that I really wanted to see the Esplanade change in the way we and we've seen it change in the sense of like it looking better and I haven't seen that happen at all but I'm seeing a lot of the other businesses around the Esplanade do so and so has there been any discussion with staff about not including the Esplanade and what that would entail on what we need to you know if if we were to go in that direction I'll be your first question with regarding the timing of the ordinance and why we're here so that that's due to our Coastal Commission certification of our ordinance it's been held up there are a couple items that they're not in agreement with the way in which our ordinance was drafted so we are trying to work through those with their staff so at this point we don't we're definitely not going to be on their May agenda and we'll we'll see from there so we're suggesting that if he continued for two months after it gets certified by the Coastal Commission since that is what it's holding us up at this point your second question was related to just overall appearance and hopefully it was going to look better and whether or not staff has talked about limiting the outdoor dining to certain areas of the village so that's really but within your purview of this ordinance is if the city council wants to bring back parking on certain streets and allow outdoor dining on other streets that that's a modification we can definitely make to this to the order tonight and and mayor if I made that as follow-up so the decision we're making today to extend the temporary is pretty much we have to because we're waiting to get feedback from the Coastal Commission that makes sense to me the the information that we sent to the Coastal Commission does that do we have the flexibility to change the streets should council agree to remove the Espinade or any of the other streets or or is that something that we would have to make that decision tonight is what I heard you say is that correct if you didn't want the ordinance to continue on certain streets you would make that decision tonight okay and that wouldn't have an effect though on the two-month extension of the temporary that would have an effect for the permanent it would not have it would not have an effect on the permanent ordinance the permanent ordinance out it's very specific of which streets it would be permitted on in the future so that action tonight would not influence the permanent ordinance it would only influence the decision tonight on the temporary ordinance and so my final question then is how can we affect or to make changes to the permanent ordinance is that going to be when can we make that decision so that's under review of the Coastal Commission at this point if the city council chose to amend the existing ordinance that's something as you'd have to request that staff bring it back and we would discuss what the next step could be as because as of right now we have it submitted to the Coastal Commission for their certification so okay all right thank you i see staff on there i appreciate seeing staff i think we kady got answered my question but thank you councilmember brown i just want to clarify so that that i understand if we were to make changes to our permanent ordinance that's under review by the Coastal Commission right now it would need to go back to the Coastal Commission and the and it was the whole process would essentially start over correct correct that would that be a significant change that would require a planning commission recommendation and then two readings by the city council so we could if we were to do that we'd most likely i'd bring that up as a separate agenda item at a future meeting and if it were the will of the city council we would we could further study that but we'd probably remove our current submittal to the Coastal Commission if that was the will of the city council okay um okay and then since this is just an extension of the temporary if we were to move forward with asking them to pay uh some kind of fees to keep their temporary if they weren't willing to do that it would come down immediately correct they would come down um may 31st do that the end of me yeah okay thank you are there questions from other council members seeing none um kitty i had a question um assuming that the temporary ordinance is extended um and the parking benches are removed um you could tell me a little bit more about what is going to be put in place for um the safety of the parkway station we were suggesting um to require planters um trying to see if we had a specific size for those but we were going to require at least a minimum of five gallons planters every five feet just a follow-up you you have the dimensions on a five gallon planter i do not um it's the ones that we we utilized within our original design and i'm i'm not a hundred percent sure but i think those are probably a two and a half gallon planters so it'd be bigger than the planters that were utilized in the original design so like double that size and who will provide those five gallons planters every five feet the restaurants would have to install the planters where the benches were every five feet in between the existing planters okay thank you um seeing no other questions on the staff report i'm going to take this out to the public now ask if there's any members of the public that would like to communicate with council on this agenda item yes if you do just raise your hand and zoom or you can dial star nine the moderator will give you three minutes to speak you can also send an email to public comment at ci.capitola.ca.us just like we have one attendees hands up larry if you could listen c first first off is peter wilk yeah hi peter go ahead can you hear me yes peter we can hear you okay i just wanted to weigh in with some of the planning commission comments this was something that the planning commission debated extensively everybody had their own little different comments i'm going to give you my interpretation of what i think uh we came up with which might help your decision and i hope your decision and my reason i'm bringing this up is is that you might want to do this in a a phased response or a phased approach and say that in the temporary approach here you're only going to allow it on in certain areas and there's reasons to not allow it for example on the esplanade which would be that uh they already have a lot of oceanfront views and that it's a shady area that uh they really don't need that that that particular area for outdoor parking and as you can see in the data it's not as well used as other areas um in terms of monterey avenue we're talking about primarily botanical arms which already has an easement of city property their green area and that is also a very um utilized or very valuable pedestrian area that they're taking up as well as as parking um with regards to capitol avenue the thought there was there's a lot of traffic there both from a safety standpoint and from a pollution standpoint and from a historical notion that there historically aren't restaurants there there are some now uh the only so there's basically there's reasons to to object to almost any location with a possible exception of san jose avenue which um his incidentally has already been approved in the past by the city council to uh to have parklets there or outdoor dining facilities there so just just to just thought throw some comments in there as to as to why you may or may not want to select a very specific areas for um outdoor dining thank you all right thank you peter yeah larry will you um open the mic so that yeah and yeah put up the clock thank you yes now we have linda smith okay me larry be sure to start the clock thank you i'll be quick sam i promise um promises promises so um thank you for letting me speak once again sam and council and and katie um great job on your recommendations and on the work then so far when the existing temporary program was extended to may 31st it was my understanding from the council deliberations at that time but if the timetable of prototype development and approval slip the temporary program would be extended i know we've talked a lot about tonight the coastal commission piece of it but we also don't have a prototype that the applicants can you know can look at and see what it's what the costs are going to be and move forward with that um i believe that having an adequate overlap between the temporary program and the installation of the long-term street dining decks is imperative to the economic success of the program and i really appreciate staff's recommendation of an extension to 60 days after the coastal commission approval however once the space allocations and the basic requirements for the material and the drainage requirements and um where they're going to be able to source the material even for a three space deck this will take some fast-fooded program management with enough time to get the job done without lengthy disruption to their revenue stream planning for the worst and and hoping for the best is the way to go in program management from what i'm looking at and depending on how specific the material requirements of the prototype are and what kind of assistance in sourcing they're going to get it could take a few weeks and that's assuming that the applicants have staff to work the details of sourcing and scheduling if licensed contractors are going to be required to build the thing it could take even longer without early staging and they can't really stage now because they don't know what they're staging for um executing this effort after Memorial Day during the prime summer month on top of the hours that these owners have been working over the last two years is really a heavy burden so assuming an approved prototype design after Memorial Day and after the coastal commission gets their job done um i would request that council consider extending the temporary program through at least the end of September and expect installation of new construction by the end of October and the new conditions that staff is proposing are excellent um charging for and requiring available to patrons of the spaces is not only reasonable but will enhance the program significantly thank you for listening to me once again i still have 26 seconds sam use it up no i'm done thank you very much okay thank you linda we now have josh fisher hey there hey there can you hear me yeah josh we can hear you hi hello friends just wanted to say first of all thank you guys for even considering continuing it we do appreciate it as restaurant owners down here um i think all the conditions are in my opinion fine uh only modification i would request would be um instead of a dollar fifty a square foot which sounds about like what the permanent option will be maybe cut that in half to 75 cents a square foot until a permanent option is found and no problem with the security deposit no problem with the benches um maybe make it four days a week instead of five um as far as required open days and other than that um have no other problems with it would hope that it would get extended until uh october 1st so we can finish the busy summer season finish all the festivals and all the good stuff coming and uh go from there it appears you may have lost their story sam are you still on yeah i'm still here excellent my apologies no no no that's fine i i know i'm having issues between them so um very could you let the next attendee in yeah i don't see any attendees um i do i i do have an email if you'd like me i can do that now i do also see that uh chief dally has his hands raised but i can i can read the email if you have email right if that works right well why don't you let chief dally speak first okay and then read the email yeah good evening mayor and council um tonight i'm actually speaking on behalf of the capitol public safety foundation and so uh the capitol public safety foundation we do have our car show that's coming up June 11th and 12th and so um obviously we'll support with you know the council decision as with the outdoor dining whether it stays or goes but one of the things that we wanted to reassure the council and also the car show uh folks that are going to attend is that we'll work with the city if the outdoor dining stays that we'll work with the restaurants to insulate the cars and put a barrier around us so we can protect those vehicles and in the event that if they're not satisfied with that we'd obviously refund their money um but uh the biggest issue for us quite honestly is just the notice of it because if we are just you know harder than just right around the corner and so uh the notice for us is the biggest thing so we can just the logistics of putting our car show together so we can give notice to the to the attendees and everyone so like i said kind of wearing two hats tonight but that that last bit was about the foundation so thank you thank you chief dally and then um so mayor store we do have one email that we've received i will try what i will uh have the system read bike can try haven't done that in a while here we go okay and and larry will you also time it too yes and so i can't share both so i will have a i'll have a stopwatch going if that if that is okay and i'll i will let you know or i'll stop it at at that time so i will let's see where's the oh read a lot can you see it okay still thoughts on outdoor dining area odor we have analyzed our own data for consideration of how to proceed and looking at return on investment we have spent over $8,700 on our odor between furniture decorations and upkeep in july 2021 35 percent of our revenue came from the odor in april 2022 only 10 percent of our revenue came from the odor when city survey was done the city has a district tax on top of sales tax the value of this added income to the city will help offset the loss in parking revenue hence the city needs to not only look at the loss of parking revenue but also the increase in sales tax dollars it has benefited since the creation of the odis the outdoor dining adds an ambience to the village life that if taken away leads to one less reason for guests to come to the village the businesses suffer as well as the city from the lost tax revenue the proposed square foot price or dollar 238 slash month per parking spot should be reduced we propose a discounted rate at half of this full amount dollar 119 slash month until a more permanent solution is put into place for next season or when senate bill sb 314 and assembly bill number 61 expires in july 2024 giving a larger window of odor occupancy allows the business to budget accordingly to keep the odis in tip top shape perhaps the new parking ad hoc committee review could slightly raise hourly rates to offset the deficit the timetable when the survey was completed on item 9e isn't the best timing for patron flow it's painfully obvious from your report that we don't have the number of patrons pre-pandemic visiting the village there are still empty parking spots even on saturdays noon survey time on friday saturday and sunday this is when we open patrons aren't seated yet 6 p.m. survey time on sunday this is our one day when we close early after sunset the outdoor dining area occupancy increases at the survey picked up the saturday night at 7 p.m occupancy rates are significantly higher weather is an enormous factor in the enjoyment of odor the dates picked were on the cooler side suggest revisiting this survey with july statistics traditionally a busier time pick a weekend like july 15th 16th and 17th at noon and also at 7 30 p.m as the sun sets later and review the astounding differences also it would have been a more comprehensive study to include how many parking spots were also vacant during these surveys regarding the design we believe that a uniform look of the base is desirable safety of patrons should be a top consideration include traffic bollards the plan should consider how to have string lights easily installed mayor straight that is three minutes okay um let's stop reading um just to be fair that yeah everybody gets the same amount of time um to give input so um larry do we have any other attendees i still feel at one hand yes yes we have one new hand uh Doug Conrad okay go ahead and let Doug see here we go is that working is that working now yeah we can hear you mr Conrad okay good i'm out here in a very cold parklet right now um i want to make sure there was two other letters that were sent from uh reef dog deli and also for myself that didn't appear to make the public record that were sent to the address in katie's email i think those were um sent to council also to council but also for uh public reading yeah i don't in my record collection there was okay then i'll take the i'll take the last of my i'll listen i'll take the two minutes then real quick to just point out i have no problem with all of sorry i'm shivering um i have no problem with all with a large deposit five hundred thousand dollars it makes that commitment viable for for a business um the rent right now we're still in recovery we can't afford that that needs to be cut in half until we come up with a final solution benches i have no problem those need to get back out there but we need to have something to stop traffic uh five gallon buckets is what the planters are now uh that i built uh for the village with the four by four posts in them those were five gallons that we picked up at home people rodney and myself um let's see what else uh just uh so we need safety there for that uh lower price uh i just want to make sure i get everything that oh design we've got to work on the design katie you've got to work with the owners you got to sit down you got to talk to them the design is presented as half the amount of seating is what we originally planned on with a seat to what makes us money we got a landscape architect that the city hired uh let's hire an architect that knows like dennis the design dennis did for us before was beautiful redwood with copper we had tons of seats ad accessible it was safe it had bike racks it had planters it was beautiful everybody had buy-in on it i don't know why we're not going back that way but that's that's the politics i'm a business owner i don't understand government um anyway i want to make sure you all have a copy of that letter and that you get a chance to review it it was supposed to be public comment as was uh reach dog deli's which was kind of sad to see that didn't make it either so that's all i've got i'll submit the rest of my time to you guys thank you dad thank you mayor story i don't see any other people with hands raised and i have not received any other emails to public comment on okay i'm going to bring it back to council now for further deliberation um and possible action um and i see council member britain want to leave us on this okay um thank you very much um first off i appreciate the uh public comments and in terms of the survey times um i have to admit i agree it's one of the issues i had i should have mentioned earlier and um i think it's very reasonable to um come up i believe with a different design for the if we take out the chairs excuse me the benches and they're replacing with something you know five gallon bucket every five feet um doesn't need me with the feeling of security um maybe staff could come up with something that's a little bit better i know there's these water filled things that are plastic that we've used before um in other circumstances and i see them around the county maybe those are a little easier to use in terms of safety um i've heard a couple of times the amount for the deposit um and then the amount for the rental um i'd be very interested to see what other city council members feel on that um i thought about it a little bit today and to me the rental fee represents a buy-in for the program you know if if they feel that this is a program that's worth their time to continue um then you know a higher rental fee seems fine with me um if their business is is actually as good as um they say they're claiming right now because of the uh parklets then the rental fee should be i think covered i think also um as sewn by the surveys that the city planning did i think a better presentation of the parklets would make them more inviting um when i went to the um you know along San Jose those are very well maintained they look nice and i think uh the survey showed that they actually get a lot more customers so um maybe this is something businesses you know should take note of and um so i would be supportive of you know continuing the long run so that merchants still continue in this program remove the benches and put something else there that is better for protection rather than five gallon buckets keep the fee as for the rental excuse me as presented and i think i heard a comment that the um the maintenance fee at 500 was acceptable i i think that's reasonable if the merchants um keep up their space and and keep that need etc they don't even have to have anything taken from that um one comment got me thinking um maybe cutting down the usable days to four you know i think uh to some extent is you know the merchants find it probably difficult to cover many days and maybe four would be better because they can choose the days that they get high traffic i think that's probably one of the reasons why um the survey shows that some days just aren't getting much use you know they're not going to have extra personnel when there's no people there to serve so maybe cutting it down from five to four those are my comments right now thank you councilmember pertran i'll call on uh councilmember brown thank you um all right so i think there's you know clearly just a a lot of confusion between our permanent program or temporary programs the things that you know are design related aren't really on the table right now as i understand in terms of the permanent park list etc and so i just want to kind of bring it back to what we're specifically being asked which is about the the dates of the extension whether or not the car excuse me the park benches should stay and whether or not there should be deposit and rent for the spaces those are the key things that we're we're being asked to discuss tonight correct is that correct key there is one additional item with the extension date whether or not it should apply citywide or treat the other the ones outside the village differently okay perfect okay so i'll start with those four and then make a couple comments on some of the emails that we got okay um the extension i i think we should move forward with the extension i like the idea of the two months after whenever the coastal commission certifies our permanent to the point that was made by one of our public speakers i think that gives a little bit of time as we initially had hoped for for the temporary folks who intend to apply for a permanent outdoor dining space to build that and there's not going to be a big gap in them being able to have kind of some outdoor space so i would move forward with that i wouldn't suggest that we start dividing this up between the private property and the public property i think right now everyone's on a temporary basis once the permanent program goes into effect as you mentioned the village folks will apply for their permanent parklets the private property people will just come in and get some changes to their their permit but i think for the sake of ease and streamlining right now everyone who has a quote unquote temporary parklet will continue to have a quote unquote temporary parklet and just leave it at that um get rid of the benches that's fine you know the responsibility for making sure that their safety um is on those operating the temporary parklets be it if we put in planters or or i believe what was just that was the discussion um in terms of fees um you know i i don't think cutting it in half is a great idea because of the as mentioned the investment in this is really what's showing that people are willing to maintain to follow the the rules etc you know if it's 150 i'd be willing to bring it down to like 125 um but i wouldn't cut it all the way in half did i did i address all the four things katie the ones the ones that we were being asked to address did i address all four of those before i move on um the extension and then they open for use requirement for five days that's right i'm okay with four that's fine i'm okay with four i wouldn't go any less than four um i think that is that it is important that it be open at least four days a week for you um and then i i want to address some of the things that came in on public comment both an email and whatnot we heard from um chief dally as well as um my termini the president of the foundation had sent an email indicating that you know they don't they're not asking us to remove the parklets for the car show but they do need some direction and some understanding of what's going to be happening so i think it would be important that come uh may 15th even though we're going even though the people that don't pay and will take their parklets down by may 31st i think if they don't pay by may 15th when we're asking for the payment that on that day or or in the few days after that we can notify the public safety foundation of which faces will be available to them so that they can accordingly plan for their event i know i saw um art and wine on there as well but i mean we did art and wine um last year and and we have the park was up there so i think that'll be future future discussion um well there was another one and i can't remember what it was now i know that there had been um you know some talk of changing some of what's in our in our temporary and i think that other than what we're discussing tonight and is in the staff report our temporary should just stay as is um i i am aware that there had been some concerns about um all of those running a parklet who are in the bia area being up to date on their their bia uh dues in order to get a permit that wasn't part of our initial requirement for the temporary so i'm concerned about adding it now however if i remember correctly it will be part of our permanent um if i if i remember correctly because i believe i brought that up then so once our permanent program comes anyone who's in the bia district who hasn't paid their bia dues won't be able to have a permit so i understand the concern for that but i i'm not prepared to add it to temporary right now only because i i do have concerns with making a bunch of changes to our temporary program when ideally all we're doing is extending the program we already had um i think that was everything i had to say but if i think of anything else i'll raise my hand again and i will call on you again um councilmember bruce thank you mayor story so um i i agree with councilmember brown on on her on her comment the only thought um additional comment i have is about the fees and um and what's real realistic we're talking about a two month extension but with some leeway that overlaps when i hear two months extension if i were just looking at two months and i look at staff time and how feasible it is to get all of those people to pay fees and to collect and to and to get all that done it sounds like a lot of staff time for two months and i don't know if that's really worth it um to to charge for something like that especially because it's temporary now if we move forward with that overlap between the temporary and the permanent and we're looking at four months or whatever that adds up to that seems more realistic to me then to implement a um these fees that we're talking about until the the actual thing is built out and so forth so i don't know if we really thought that or when i hear two months by may 15th that i don't know what the end the actual end date would would mean to that it doesn't make sense for for us for at least for me to to utilize staff time and that when we've got you know meetings with coastal commission and and things like that um i'd be so katie maybe that's um that's like a quite yeah i see your hand raised higher i i can explain so it's actually um it would be continued until the coastal commission certifies our ordinance which could be in june july or august and then plus two months to allow um the outdoor dining so this it we don't really know how long it's going to take for us to get on the same page with the okay so that that would be a would be the minimum okay at ease right i mean we just also want to make sure that there's a point to to the implementation of these fees and and and purpose right and and i made a comment earlier about the aesthetics and i really push that we work on the aesthetics during this temporary and we've seen many do so and then some not and um i think by implementing a fee structure helps kind of initiate that that and and hopefully we'll see something in the next while we would have to see something the next six months occur in terms of aesthetics because that's really important to me um now councilmember brown's comment though about adjusting it from 150 to 125 um i i don't know that that kind of change really benefits you know i don't know what the cost savings would be for each business and how it's and how it how much that really would look like um i'd be interested in hearing but mayor's story who or the other councilmember's thoughts on that i'm not tied to it um but for ease i am fine with sticking to the 150 and charging um did katie was there any reason behind or where you came up with a dollar fifty per square foot i think you might have said something but was there any thought behind that there is um we looked at um the historic use of the parking within the village and what the typical fees are that are collected and that's how we came up with the average utilization was a dollar 50 square foot per month so it's just what we would typically take in for a parking space over the course of 12 months so it's the 30 it's the 3400 a year that we um rate that we put in for the permanent program just on a monthly basis okay that makes sense okay well then i'm fine with keeping it at the dollar 50 unless the will of the council wants to reduce it um but everything else the two months after all of the comments that councilmember brown suggested um four days versus five days i don't really know what that how you would impose that like how would you do that so either way um again if it's four days that's fine just for some some leeway for the businesses and those are my comments thank you thank you councilmember bruce uh councilmember pertrend did you have your hand up again oh yes i did thank you very much um so you know i went from five to four and i think the way the staff report was the minimum time or days excuse me if katie is that true so initially you're proposing at least five days operation yeah minimum five days and they have to be open during what while your while the business is open right so i mean they could go five or seven days let's say one and even if we say minimum of four so sort of up to them like the brits they're open it seems to me all the time there may be others you know they just don't have the business to stay open all the time um the other thing in terms of timing i think that was uh event brought that up excuse me councilmember brooks brought that up in terms of timing um if there isn't matching of timing with the coastal commission and we're still trying to provide enough time to the merchants to have an extension you can come back to us and and ask us for an extension if there was a set date we can ask for an extension yeah we could yeah so you know giving the you know the issues with all the designs and the planning excuse me coastal commission i'm sure we could adjust that as needed that's just my only question thanks um mayor story can i um add one piece of information to this conversation yes i i just wanted what while there's so many involved restaurants on the call this evening we do plan we are going to be sending out an invite i didn't want it to get confused with this hearing to all of the um restaurants regarding the prototype dining decks we're going to have a separate zoom meeting with the restaurants for on may 11th at 10 a.m we'll be sending out an invite tomorrow um but so that step is occurring and i just want the restaurants to be aware of that and then another email will be arriving tomorrow thank you thank you for that clarification kati um and seeing no hands from council members um i think i wanted to maybe uh weigh in with my thoughts on the matter and i would say that overall i'm in agreement with council member browns um recommendation as well as council member brook um on the particular items but um there's one um item of concern that i have and that's related to safety if we remove the dentures and to me that's also related into the monthly fee that we charge um and um i would like to see something more durable or robust or and i'm not quite sure what that would be but i just don't view that uh planters so even five-gallon planters are going to um serve the interest of public safety um and what i would propose or would like to see is that if we reduce the monthly fee because we're asking you know the um business owners to take the cost to the planters um but i would like to see a reduction in the monthly fee and hopefully then that um saving would go to uh providing i think a more robust barrier for the patron um than just planters or maybe bigger planters or and i i'm i'm confident i think the business owners and working with staff can come up with a suitable alternative to the benches um and in order to help the owners fund those additional costs um i would propose that for the temporary rentals the that's the the actual monthly rent uh be somewhere you know in the range of 150 to 200 a month um and um because i think that one that accomplishes the goal of commitment um and uh surety about which owners are going to be participating um and um and if you just you know and doing a quick calculation and then respond to council member brooks about if we reduce the just $1.25 per square foot that's a savings of about $50 um and i don't know if that's significant enough to um i think offset the additional expense going through safety and aesthetic um so i guess those are my thoughts um and the only place that i would maybe ask if we maybe lower the monthly rent at this stage um and and i'm you know again i'm thinking somewhere between 150 a month to 200 a month and with that i mean i guess this may be fine uh to uh to entertain any motion if the council member is willing so if i may before we get to a motion there are some changes that we'll need to read into the record for the resolution um so katie i don't know if you have those or if we need to do some quick polls to find out where the council is on the particular items including and included in the resolution i'll defer to you and the mayor and i'm here to help yeah thank you samanta um so on the maybe if we want to bring up these items one at a time i mean one concerning the central day and uh you know the first part this the motion should determine um that it applies um throughout you know um to all the parties um and it will extend for um two months following the coastal commission certification i would make a motion that we extend all of our temporary permits outdoor dining permits until two months following the coastal commission certifies ordinance 1050 i'll second that no sam do we need to take each one of these as a separate motion or the easiest way to do this would be since the resolution before the council includes the um various uh rules that the council is considering applying to uh parklets that have extended permits i think the easiest way to do it would be to do it all as one resolution and we can read in any changes to the resolution that the council wishes to make so it sounds like councilmember brown you're suggesting um that all of the permits be extended for two months to a date two months following certification by the coastal commission um we could read that into the motion if make it a little tricky if you all don't agree on which provisions on what to do for each provision but we'll see how this goes well if we can okay so um okay let's try to tie it together yeah right yeah so let's make that the first sentence of my motion and if we could go to the next slide so um just on that point there there's a blank in here on this like can you see or so the date or do you want a specific end date maybe at the end of summer in case our ordinance does not get certified you want to relook at this at the end of summer or just let it continue indefinitely um I mean to be quite frank I feel like if we extend this until October and we still don't have a permanent ordinance by October we're going to get a flood of emails and we're going to have this exact same meeting with everyone telling us please don't extend it you know the weather is still nice and we set up tents to prevent the I mean this is what happened when we were going to end it last October and we extended it to May you know and so I feel like if we even try to set a date to end it at this point we're just going to continue to have these meetings where people are giving us reasons why it shouldn't be ended until the permanent program is ready so personally I think we should just say it's extended until two months following the coastal commission certification of our ordinance and hopefully that won't be too long is my hope but yeah and that's the language of your motion yes so far well but on that particular point yes yes yes on that particular point my motion starts with extending all temporary permit outdoor dining permits until two months following the coastal commission certification of ordinance 1050 and next slide please all of these uh outdoor dining spaces must be open a minimum of four days a week with seating available to patrons while the businesses are open and they must remove all city benches and require a maintenance deposit of $500 and and inspections and require rent of I'm going to say 125 for the motion per square foot due on the 15th of the month prior and that's that's my motion for for consideration or a starting point I agree to the additions and so if I may suggest that it councilmember brown there are you suggesting that the city adopt the resolution before the council tonight with the changes that you articulated yes okay okay and councilmember batran is that your second yes thank you and just a clarification on the motion and taining to the item concerning the city benches and the resolution contains language about the city benches will be removed and instead have planters every five feet and planters must be a minimum of five gallons so is that this the motion intended to match the resolution that is currently written or some other substitute for the five gallon planters the motion as I am presenting it is to match the resolution as presented but of course I would be willing to entertain a friendly amendment if there are any ideas pertaining to a change to the planters or alternative to the planters well I guess I would reiterate what I was proposing because I don't think here tonight we can sit and try to find a suitable alternative to the benches or knowing whether the planters are a suitable alternative maybe they are I don't think we've heard any qualified statements on that question so what I was proposing is that that the staff and the business owners be directed to work on finding a suitable and safe alternative to the benches and I was also proposing that the amount of the monthly rent be reduced to reflect that the owners are going to be incurring costs to provide that additional level of safety so that that was you know what I was recommending and I mean we'll we'll see if a council member wants to accept that as make that as an amendment to the motion on the floor yeah I'm willing to accept an amendment about the city benches that's fine I apologize I think I missed that mayor's story I had in the fourth point suggested a rent of 125 rather than 150 which was a savings I mean as we discussed it was only or as you mentioned it was about $50 a month or so and forgive me I believe you had a number that you had come up with as well do you are is the 125 not suitable for for what you had suggested oh well I mean I think I I was just rounding it and was had stated somewhere between 150 and $200 a month and I'm willing I think I could live with $200 a month which is and I'm just which is a lack of $20 first square foot amount so because maybe for the matter of getting a consensus on having the rent will be $200 a month okay yeah I think yeah it looks like it's like a dollar five a dollar seven or something so that's fine yeah okay then let's just say require a rent of $200 a month so if those are if those are your friendly amendments mayor's story is to remove or I'm sorry rather than remove city benches have the staff work um with the business owners to determine a safe suitable alternative and require a rent of $200 a month per parking space if are are am I understanding those to be your friendly amendments to my motion that's correct okay then yeah I'm happy to accept those does the second accept those amendments yeah I'll go along with the amendments but you know at this point we have no idea what the substitute would be um earlier I'd mentioned these plastic wallards which you fill with water I don't know what the rent is of those those are being used for parklets in many places I've seen so I'm not sure that this is going to cover it but in general I agree with you Sam that you know we're asking for payment of service and you know so for us to jump in to try to provide that service you know I have no problem with this so I'll um I'll go along with the amendment okay thank you seconder um Jamie let's have one clarification on the motion as it stands right now is the expectation that the city is going to be installing any of these new barriers or is this with the motion to to work with city staff um to develop what appropriate barriers would be installed I'm sorry go ahead okay I'll just you know um I mean I think my thoughts were that um well I I you know I think the city and the business owners should work in conjunction to making those parklets safe um you know we provided the park benches I've seen that we assisted in moving them putting them in place um and so um I think that is becomes the nature of what is agreed is the best approach and you know we're going to be looking to the business owners to cover the cost of it but if we can assist in their installation um I would think that the yeah the you know the city should do that I think it's in our interest to be an active participant making sure that the parklets are safe I know that's not a direct response but I'm not sure what the recommendation is helping what it's going to be right well I you know I'm just trying to make sure I'm clear about what what we're going to be doing is staff because I think if the answer is that the city would be still installing some sort of replacement to the benches I think we would probably change our recommendations and just keep the benches up for another summer because coming up with another solution that the city manages would be I think a challenge it's consultation with the businesses where we go out there and we identify like appropriate plan or spacing that they would then install by all means we can do that for sure okay and I I don't necessarily want to preclude is if it's ultimately determined that the benches are the best option at this point for the temporary parklets then I would support um you know implementing that decision um and um so those are my thoughts on that question Jamie um and um hopefully you feel you have the flexibility now there may be some motion need to be some clarification about the motion because I know the motion was led on that question to remove the benches okay so yeah you know I mean these things always get so complicated while I would like to say let's just leave it up to staff discretion to your point you know we don't know what it's going to be we don't know if it's going to require staff um installation we don't know if they're just going to say leave the benches and my motion was to remove the benches so I you know my inclination is to say at this point I will either remove from my motion the requirement to remove the city benches just take that out all together and leave them as long as the temporary program is in or to um take that out of my motion and have it become a whole other future agenda item about a discussion of what would be better than benches in a temporary program which really seems ridiculous because this is a temporary program so I think for this um you know to try to wrap this up in a nice little bow and uh that's become a giant knot at this point I would say let's I will redact from my motion to remove the city benches and just leave the city benches during the rest of this temporary extension all agree as a seconder and I can I can repeat the whole motion with all of what we've just discussed if that would make it easier for staff yeah um well it seems to me that we swung a pendulum back all the way the other direction and I guess I wasn't necessarily trying to do that either um and um and so I would just say you know um maybe have staff and the business owners consider removing the benches um but finding an acceptable alternative that will assure public safety um and then so you know because if the benches stay then my emphasis for reducing the rent goes away um well then we're back to my original motion I mean except for removing the city benches then we'd be back to my original motion of leaving the ranch as it is then requiring a maintenance deposit open a minimum of four days and we'll just strike the whole remove the city benches part if I may mayor story um you know I I completely understand your concern for safety right we're removing the city benches without any direction on safety and I and I completely understand your concern there and I and I agree that we really haven't thought about that um I also heard from staff that we love our benches back but we don't have a solution tonight and and to your point of of you know the planters and all of that I just not not to make to tighten that knot count the member brown but what is risk free what is holding us back from just saying we're implementing the planters in the meantime like saying that that's just what we're gonna do or am I missing that if we remove the city benches they have to put the planters in because that's what we said we're we're going to do in our in our own final ordinance so can we just enforce that now and I'm looking at staff maybe is that what the expectation is yeah so as proposed the benches we're going to come out and the two of the outdoor gardening areas we're going to be protected by the five gallon planters um minimal five gallons consistent design throughout each outdoor dining area so we would be working with each individual person to figure out where the planter areas we're going to go that was staff's proposed fix to it um okay and and then to mayor's story's point we implement that we with and that follows in line with council member brown motion on the table um but if there are any other things that staff can do to look at other safety precautions or anything above and beyond katie in your free time if there's any other safety things we can implement bigger buckets that ballards whatever it is we can do to really make it as safe as possible planters sound a little unsafe um but you know it sounds like a good plan for now and I'd like to to to call the vote if that's all right okay we have a request to call the vote um I'll um I'll see if any other council members would like to speak on the item can I just ask to hear the motion read back since it got a little crazy I was just gonna say I'd like to clarify the motion I I believe where you've landed and forgive me if I'm wrong is these are going to be the changes in the resolution you're proposing you adopt extending all permits so in the village and without not in the village until two months after ordinance 1050 is certified by the coastal commission an open for use of four days removing city benches using planners which is in the in the resolution requiring a $500 deposit and then requiring rent of 150 or 125 per square foot that I wasn't sure on I believe it was 200s a month right yes 283 no no job to 200 the agreement was if we're removing you want to go 200 okay I was just reading from the the list that was provided you know okay okay requiring rent of $200 a month thank you very much I have that as the motion I'll call the vote is that okay okay great yes one point I'm sorry one clarification what we will do is we will normalize the $200 per space into a per square foot because not everybody has full spaces just want councils understand that yeah that's fine okay per strand I agree councilmember brooks councilmember brown hi excuse me vice mayor keiser is of recused and mayor story hi which will now now I'm going to take us back to item 9d which is the temporary village parking committee goals and appointments the recommended action is to approve the goals of the temporary village parking committee consider applications and make appointments to the committee including three village business representatives three city residents one member of the finance advisory committee and two members of city council so Steve um you want to give us capital points yes I'd love to good evening once again mayor council let me share my screen quickly here the reaction that looks okay it looks great thank you so as the agenda says that um I'm for you tonight is discuss uh two aspects of the new temporary village parking committee let me advance here we go so a quick background on this item the council established the position uh the composition of the temporary parking village committee on March 10th that's the three residents three businesses two council members and a member of the finance committee council also that meeting directed uh staff to kind of expand on the goals that were presented in the work plan at that time and bring them back for consideration at this meeting I'm going to recommend if it's okay with you mr mayor that we consider this item in two sections firstly we'll discuss the goals make a recommendation uh for the goals I'm trying to act on that and then I'm actually going to pass this off to the city clerk to deal with the appointments uh following that so looking at the goals staff expanded on the goals and and we enumerated them I think we only had two goals in the original work plan four goals are proposed one is to examine the existing parking parking meter rate to determine if there should be an inflation adjustment the second goal would be to evaluate equity between the parking permit costs and the utility free village parking the staff report and some of the documents in the agenda talked about those parking lots that was an error as we evaluated the report in this presentation we rise to evaluating the utility versus parking throughout the entire village not just in the parking not just in the parking lot the second third goal would be to examine the charges parking program changes to parking program rules and rates to encourage the use of the beach and village parking lots behind city hall and then finally evaluate opportunities to reduce parking impacts on neighborhood without expanding permit zones or other coastal commission approved permit issues one of our big concerns here is we go through this is um taking the changes before the coastal commission again when we've made changes when we expanded our parking meter areas to include the new lower lot and the park beach and village lots the coastal commission and thus we it took several negotiations to uh probably change our meter or meter areas just to include the lower parking lot which we built for coastal access so we were all we didn't want to try and minimize our impacts and requests of the coastal commission and in that regard there's certain things we do not want the commission to really time in on because that's going to be very difficult negotiations with the coastal commission that is changes in the areas of the parking meter zones we don't want to change where we where we have parking meters only we do not want to change the boundaries of our permit parking areas that will lead to more discussions and we do not want to consider new areas or new permit areas new parking meter areas and new permit areas so this is what's in the agenda report breakdown of the goals and the action items and I can go through all the actions that the committee will get to look at I will mention that we did remove the word lots from the second goal here I will leave this up as we start the discussion or I'll come back to it our recommended action item is to approve the goals for the temporary village parking committee and then we'll come back with the appointments so that's the end of my report and I'd be happy to answer any questions it's like nobody's raising their hand I think I will then just take this out to the public see if any members of the public like to speak to the council on this item mayor story I do not see anyone with their hands raised to discuss this and we have not received any emails or phone calls okay and I said just also probably say that anybody would like to send them an email you can do so and adjust it to public comment at ci.capitola.ca.us and then I'm going to bring it back to the council and vice mayor Kaiser thank you mayor I would love to make a motion to approve the goals for the temporary village parking committee you need further discussion why don't we go ahead and have a roll call both on that question I agree hi mayor story the motion passes unanimously um now um Steve do you want to take this to the so mayor story and council I will now uh as the city clerk to take over I will continue running the slideshow for her and she can talk about the appointments and the composition committee director just for thank you hi mayor and council good evening so we've done this a number of times for different committees so I'll just remind you the composition for this temporary village parking committee is two members of council one finance advisory committee appointee uh Anthony Revai was recommended at a March 15 meeting of that committee then three village business representatives and three city residents okay so recruitment opened in March we did receive several applicants applications oh Steve next one thank you and their names are listed here divided into the two different types a suggestion would be to appoint three village business representatives three members um three residents and then decide upon the two council members or whichever order but maybe separate those three different types of appointments out for clarity but it's really up to council so the applications were included in the packet uh here are the names and I will take notes as to what appointments you desire and again here's a reminder of what what it is you're looking to do thank you and I can answer any questions I can try yeah are there questions for Chloe um Chloe I just was curious whether on the uh village business representatives did the DIA make any recommendations of who they went okay they did not so what are we consider the village business representative application um and I think before we do that since we we're doing this in two segments um I'm going to I'm going to go ahead and take it out to the public and see if any members of the public would like to speak on this particular aspect of this agenda item Larry will you uh if you do raise your just raise your zoom and a down star nine so you can send an email to public comment um at capitola guys or spike that at ci.capitola.ca.us Mayor Story I do not see anyone with their hands raised as attendee and we have not received an email okay I'll bring it back um to the council does anyone wish to make a motion concerning the village um business representatives do you bring this line up again please thanks Steve I can make a motion if ready to do so most there's other comments yeah why don't you go ahead by snack boxes sure um I would love to appoint um Anthony Guajardo from Miho's and Vicky sorry Gwynn um and Karen Harlock please for the business representatives and then agreement with that that sounds like a second that is a second yeah okay we got a motion and a second um any further discussion by council members well why don't we have a roll call vote on um that portion of our uh agenda I agree council member Brooks hi council member Brown hi vice mayor Kaiser hi mayor Story hi the motion passes unanimously now let's go to the applicant um for the capital of resident position we have five names and we need to select three uh council member Brown yeah I'd like to make a motion to select Dennis Norton Molly Orting and Peter Wolk I'll second that and we have a motion and a second any discussion by us council members being done probably let's have a roll call vote on that motion council member Bertrand hi agree council member Brooks hi council member Brown hi vice mayor Kaiser hi mayor Story hi and that motion passes unanimously and I think our last order of business is seeing if we have two council member volunteers for the committee vice mayor Kaiser is you volunteering yeah as long as it doesn't pose a conflict which I think we figured out that it doesn't um I will volunteer to do so okay great thank you and and if that conflict issue should arise in the future you know just bring that back to us so thank you we'll see if we can rectify it and council member Bertrand you volunteering for the committee yes I am okay um is there a motion to appoint um vice mayor Kaiser and council member Bertrand I'll make a motion to appoint vice mayor Kaiser and council member Bertrand as our two council representatives on the committee second okay there's a motion and a second um let's have a roll call vote again council member Bertrand I agree council member Brooks hi council member Brown hi vice mayor Kaiser hi mayor Story and hi and that motion passes thank you vice mayor Kaiser and council member for transfer volunteer and the finance committee member is determined by default and so I believe our task on this item is complete thank you everyone so now I'll bring us back to item nine C which is the presentation on objective standards for multiple family and mixed use of residential and related upcoming proposed appointment um yeah Katie good evening mayor Story um I just want to check in can you hear me okay and um moderator Laurent is my slide showing correctly yes I think you're coming across um very clear thank you very good okay um this evening I'm introducing our objective standards for multi-family and mixed use again this is just to get you the information early for our next public meeting um we have met on this before back in 2021 we there's a planning commission study session and then a city council study session um we've met with stakeholders twice um we got initial feedback and then follow up feedback and we involved uh stakeholders that are involved in construction as well as affordable housing development and this went to a planning commission study session on March 31st and then the planning commission afforded a positive recommendation on the ordinance on April 21st the draft ordinance will include a new chapter for draft objective standards for multi-family and mixed use and it also adds new references throughout the zoning code that any multi-family will have to comply with these new standards the draft the new section is broken up into the section you see on the slide most important there's new standards for circulation and streetscape for parking and vehicle access we're also building placement and orientation building mapping and facade and roof design so here's just an example of parking and vehicle access each section has an intense statement at the top follow um and then the actual standard which are very prescriptive and explain uh so for parking placement it says that parking spaces may not be located and say it's in a required front or street side yard setback area or between a primary structure and a front or side street property line um it sounds extremely prescriptive i want to make it clear that there is a way a developer cannot abide by the standards there is a way in which as long as they meet the intent of the standard the planning commission can approve a project so the planning commission can allow deviations as long as what the developer is proposing supports the intent that's what the slide was about just as long as it meets that intent planning commission has the ability to approve it so the recommendation and for next steps my recommendation is that you're accepting the staff presentation only back on May 12th um this ordinance it sets up all of the objective standards for mixed use and multifamily um and that's it that concludes my presentation this evening so if you have any questions i'm happy to answer any questions this evening yes council member vitran so i i like the idea of the standards um but what kind of process is proposed when you know a designer comes up with something that's a little bit different than the standards but you're still trying to meet the intent is there a format or is this to be developed through discussion at city planning or would staff make recommendations because you already know the conflict how would that be if the developer came in with a project that didn't meet the standards but met the intent we would require that the project get a design permit which would go to planning commission and planning commission will ultimately have to make that decision just as a reminder this ordinance being put in place because under um new uh laws that were passed certain projects that meet a certain amount of affordability can be approved administratively so we wanted to have more objective standards in place for those projects um that meet those affordability standards they would get approved by staff at a staff level and that is why that's the purpose for this really prescriptive and and those projects if the developer um so chose not to follow the standards rather than being reviewed by the planner it could get bumped up with a design permit by planning commission okay so this this should um same a lot of time from city planning and for the approval for the developer and um they get a fore warning basically and they can choose to be consistent with the uh the guidelines and therefore avoid a lot of trouble and time so i i appreciate that thank you yeah and katie just to clarify um to be eligible for these objective standards developer has to uh offer 50 percent affordable union no so the objective standards would be applicable to all new multi-family and mixed use throughout capitol of regardless of their affordability um under certain state laws there's uh provisions for administrative review of affordable projects um we'll say though that um they don't have fp35 does not apply in the coastal zone so we don't i don't think we'll see that many of them here but that they all knew multi-family and mixed use residential would be reviewed under these standards okay thank you for that clarification um what's the member britrand did you have a follow up i'm awfully sorry it didn't move my okay no that's fine um so i'm i'm gonna go out to the public um here and see if any members of the public would like to address the council on this item if you do um raise your hand in zoom or you can dial star nine the moderator will give you three up to three minutes to speak you can also send an email to public comment at ci.capitola.ca.us yeah larry are you seeing anyone or seeing an email come through um mayor sorry i do not see any attendees raising their hands to speak on this at this point and i do not have any emails or phone calls okay i'll bring it back to council um you know i don't i don't know that we need a motion to accept the report do you need a motion 82 we so okay um yeah i'm shaking our head no okay so good we did this uh any council member have any final word on this item before we move on well i do um without my hand raised thank you for bringing this uh to um the city council so bruise it and it is quite a bit so i appreciate that okay thank you um so with that um that brings us to item 10 which is adjournment i will adjourn this meeting uh to our next regularly scheduled city council meeting which will be on may 12th 2022 at 7 p.m thank you everyone uh for going through a lot of difficult items this evening um and i'll close by saying be kind to yourself and be kind to others thank you staff and good night everyone goodbye