 and welcome to the Capitola City Council meeting in accordance with the current Santa Cruz County Health Order and the Governor's Executive Order N2920. This meeting is not physically open to the public. 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 over Zoom or with your phone is available on our website cityofcapitola.org on the slides now shown and on the published meeting agenda. Thank you for attending the City Council meeting. Mayor Peterson, back to you. Thank you so much. The story is going to start tonight with vocal. Bertrand. Here. Councilmember Bautor. Here. Councilmember Story. Here. Vice Mayor Brooks. Here. Mayor Peterson. Here. Thank you. Thank you. Now if you could join us in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. All right. Thank you so much. We're going to move on now to presentation. We have the introduction of Santa Cruz County District Attorney Office Neighborhood Courts Program. And to get us started with that, I'm going to turn it over to Chief McManus for an introduction. Thank you for engaging Mayor Peterson and Council members. I'm really excited tonight to introduce our presenter. Elaine Johnson is with the Santa Cruz County District Attorney Office. She's a program coordinator for the Neighborhood Courts Program here in Santa Cruz. She's the lead person. Elaine has introduced and is in the process of implementing this new program here throughout the entire county. So we're, I'm looking forward to hearing more from Bertrand here and appreciate her and enjoying the presentation. On a personal note, the Neighborhood Courts Program that you're going to hear about and learn about is, it's an innovative program. It's one of those programs that you might be hearing in law enforcement. But that program is the most successful and those that are community-driven are innovative and focus on what we know now as a sort of justice principle, which is so valuable for all of us. Most of you know that we've had a juvenile diversion program here and it's been capital very affected for many, many years. It operates internally here in the police department with some community nexus, but it's at least the bark of the program that's very affected. And I think one person has always been trying to bridge the gap between juvenile diversion programs and similar and ideally more effective adult diversion programs. That's what she heard about tonight. So I'm really excited to hear from Elaine if you're going to enjoy the presentation. So I'd like to introduce Elaine Johnson from the Tennessee County Police Office. Elaine, well, thank you. Thank you for allowing me to be here this evening. It's good to see some funny faces. So I'm going to share my screen as we walk through the presentation. Can everybody see my screen? Okay, great. So before I jump in, so when someone gets arrested throughout Tennessee County, how the process works is, you know, so the police also arrest somebody. They file a report. They report those to the DA office. And then the DA office decides if they're going to file charges and what those charges are going to be. And this is where I'm going to lead us into the Neighborhood Courts program. So he says, so what is Neighborhood Courts? It's an alternative to the criminal justice system. It's a pre-filing diversion program that is community-based and voluntary. So this means the community that is affected by the crime will be a community that has a voice to help restore crime with the system. And we'll get to that later. We use restorative justice criminals instead of punitive criminals. The conferences are a confidential participation on behalf of the participant and the victim is all voluntary. And it addresses the needs of the offenders, the victims, and the community. So as I mentioned, we use restorative justice criminals. So in the traditional setting, you may hear language such as, well, the whole is broken, broken, and what punishment that person deserves. So the Neighborhood Courts will be in the restorative justice model. When we look at what's harm was done, what are the needs of those involved who are harmed, and how can we repair that harm with restorative criminals? So how does the program work? Electoral cases get converted from our office to be able to have incident-enabled courts program. The participant who was able to go to Neighborhood Courts must take full responsibility for the harm they have caused. We use restorative justice conference which consists of community volunteer panelists, the participants who we call the offenders, the victims, if there's a directive that's involved, and there's no courtroom, there's no judge, no jury, no attorney. This is all community driven. So how do they work? So during this conference, you have the volunteer panelists and the participants. And then we'll address three proportions. One, they're going to talk about the harm that was caused to the victims and the community. You know, they're going to take some time to dive deep into the root of what was going on in the participant's body when they committed that harm. But then together, and this is something you don't see in a traditional courtroom, between the participant and the community members, they will work on agreements that the participant will have to complete and no less for them to not have a record. So to complete the program, the participant must fulfill all of the directives that they have agreed upon at the conference. Once those directives are completed, our office will not file any charges and the person will not have a record. Now if they're in the additional service that the participant may need, we will make sure that they get those services. And if a participant decides not to complete the program or go through the program, their case will be wheeled back to the district in time to go through for possible filing. You know, I did launch this program. Right now we're going to start with low-level miscellaneous offenses. And we're going to start out with B-12 eligible cases. So we're looking at, you know, like petty theft and shoplifting, bare doors and a truck passing, disordered conduct and drunk in public, miscellaneous assault and battery, you know, drug possession, drug paraphernalia. We see the stolen property and bare doors and such. Because we want to start this program off 12, you know, but we want to make sure, you know, all of us will be successful. We don't want to jump right into, you know, felony and those kinds of cases. We're going to start with low-level miscellaneous offenses, even at 12 that the case is ever going to change for us. Now for the eligible for the program, the petition wants to be 18 and over. This is their first time since. They want to take full responsibility for their actions. And if the victim is requesting reputations, they must take the reputations. A volunteer panelist consists of people such as yourself. As I mentioned, this is all community-driven, so run by a community member who participated in the two-day training. We ask for your commitment of two years. And what that two years means is it doesn't mean that you're going to attend every single conference for the next two years. But what it is, is so we can have a pool of diverse volunteers that we can pull from. We want to be able to have a living on the list for at least two years. And of course, you will participate in their report conferences. And as I mentioned earlier, the victim participation, they have the choice of participating or not participating. They can write a letter and have one of our victim's advocacy support to be offered to come to the conference and meet with them. Or they can come to the conference with the victim's advocacy support. And they get to choose that. And that's just a small amount of directives that we may offer to the participants and allow them to restore the harm and trust back into the community. So we may suggest they send AA meetings, write an apology letter to a store manager, their family, their board. During the conference, you know, there's a stuff that's going on in the participants' life. And one of the questions are, they have to fully face up their harm. And those people that the participant may list, we may suggest that they write an apology letter there. You know, we may have them write this weapons paper. And one of the things, you know, not a very cold of land, a lot of the directives and VFs of stuff that's going to be online because a lot of the different things in the local community is not open right now. So we may have them take a look at a four-hour shooting class that has to do with sex. You know, that the person who has stolen something from a fair store, that they understand the impact and the ripple effects of their actions. You know, we may suggest they take an anger management or stress management classes and those sorts of things. So now the goals of the conference is one, this place to be community driven. Again, the community that was harmed by the act is the community that we want to have to give a voice to help with the storm of the home. It'll reduce the burden on the criminal court. Right now, of course, they're really overburdened with a lot of misdemeanor attacks. It'll save a lot of time and money and it'll reduce re-offending and this is a big part of the program. It's sort of different not to re-offend again and of course it'll build trust back into the community. So here's some results from San Francisco. It's the county that we're modeling network courts from. They're the first county to kick off network courts and in the last eight years and the 3,500 cases they've had, they've had a 91% success rate, which is pretty impressive. You know, the thing with Yolk County, there are over 2,000 cases now and this excess rate is about 94% and Yolk County has a price right now where they have neighborhood courts, you know, for low-level sentences and they have neighborhood courts for homeless, they have neighborhood courts for substance use. I mean, there are like a lot of schools and we were supposed to find and get there, so right now we're going to start with a low-level misdemeanor attack. And why do we invite this community involved with our digital community driven? We are currently with two volunteers on the volunteer panel, so I have information that I would be happy to send to the chief, you know, if you want to push a slider on the website or whatever you feel comfortable doing, but we really want the community to get involved, because this is a community involved from the defenders and so on and so forth. And I don't know if anybody has any questions. Any questions? It looks like we have a question from Council member Bosworth. Yes. Thank you for that great presentation. And I, the program sounds wonderful. I thought you made different signs about the COLA. How many participants do you think you would need to get from our community to create this pool? Um, it doesn't really matter. I mean, we just collect and also the volunteers. It's fun to do out there in some county. Right, we're all here for this. Would you be working just in front of COLA or would you actually be working in front of this town? Well, we're going to be throughout the county right now. We're going to be starting out in the livelihood area. But as we grow, we'll grow like Scott Valley, downtown, Chapelpole location, probably so-called in two of South County. Yeah, you know, right now with COLA, it will kind of limit it. Okay, but that's all right. I'm all here to make this work. Yes, please. Yes, yeah. If there's no anybody that's interested in pooling yourself, you can go around to the DA website and put a name of course and you can go on the application and just click email and it'll come right soon. Great, thank you very much. Thank you. And see, we also have questions first from Council Member Bertrand and then to Council Member Story. Thank you, Mayor. Thank you, Ms. Johnson, for giving us this presentation. Sounds like a very innovative program. My question is, if somebody were interested in being an analyst, the kind of skills or background or experience do they, should they have or should they feel that they have in order for them to be a success in the program? And what kind of training will the DA come to provide for the panel? So the conflict resolution standard stands as the highest in the training. And if you go to our website, you'll see the schedule. The schedule right now is, you know, due to COVID, we have to do what is due, but it's like November 11th and 12th, 5.30 to 8.30. And then the following week, 5.30 to 8.30. And we're looking at doing a four-hour mock run-through in person, but we're still looking at that. And if that goes through, it'll be in the county building, downstairs in the cafeteria where they're taking out, they say, the cafeteria, you know, the cafeteria, you know, they use it more like, actually, the boilers, supervisors use that for their meetings. So we can have a social distance space. And upon qualification, we live in Sanford County for at least three years. You don't have to have any mediation skills and stuff like that. It's, everyone who lives in this county has been affected by some sort of harm, whether it's their neighbor, their friend, their family. And so it's more about coming with an open mind, but it's about coming with the harm to be restored, you know, to the victim, to yourself as well, because you're part of the community, and to the participant. So that's why I invite everyone to please find out. You don't have to have any special, special skills. Thank you for that. Yeah, thank you. Yeah. Sam asked one of the questions. My second question is probably kind of a little swirl, but I'm often confused about when children under 18 are tried as adults. And, you know, I have to admit, you know, I just don't know all the criteria, you know, I'm not involved in law enforcement. But what happens in a case like that? Would you have a new report for something like that, if a child was an 18, whether it's being tried, if potentially tried as an adult, because of the death sentence? These are low level sentences. So it's sort of built, it's a built only. So if a child has committed an offense that if it's low level, it's a meaner, it won't go through this program. If a child is close to, you know, low enough, I mean, the child could be quite, well, but I'm glad you brought that up. Because when we say there's a fault, and when I say miss a meaner fault, they're very different. And that's what, yes, you know, miss a meaner fault, and this can come up a lot, what you say, could be something that someone stole that empty plastic cup at you, and admit that's a miss a meaner fault. It's not the way that somebody didn't deal with that kind of fault. That's the sound, and that's not something that was, we're not doing something. Thank you very much. Oh, you're very welcome. Thank you. You're welcome. Mayor Pierson, I wonder if I could add a little bit just to remember her trans question as it relates to you and all those who are sometimes prostitutes and adults. They look at criminal history often, they look at the severity of the crime often, and they always look at the criminal sophistication part of the substance that determines who's often, whether or not that's you, and I'm going to be trying as an adult. None of those will fit into every court's protocol. Thank you. You're welcome. Oh, I'm sorry. You're welcome anyway. Don, since you're actually doing it, do you think anybody has any questions? Yeah, I believe, I'd like to revert to the question. Yeah. Okay, Lane, thank you so much. Just to understand what you just said, that's essential, and what a great idea to bring to the county. My question is about partnership with Cappasola, and what that really means for our residents, and how our police department has actually collaborated with the program I said. We just like, you call Cappasola to you and say, we have this, and then she just then comes to the table, can you kind of explain how the process will work and what the partnership with Cappasola looks like? So let me say partnership, he's talking about the police, all the police she's buying in on the program in general, because that's the first thing that happens. Yeah. Yeah, all of the police she's going to the county is partnering with us, and also in the judicial office is partnering with us to make sure that this program happens. They have the full support. I just heard about it, so then what happened? Somebody is arrested, and we find out if somebody from Cappasola, and the members are from all over the county and the office together to discuss what, how does that work? Do you think you'll mind elaborating a little bit about this? So if somebody from Cappasola gets arrested, it's better if they get arrested. It's down to Cappasola, so case goes into the office, right? Every case goes into the office. They look at the case, and we say, okay, this is eligible for neighborhood court, and then we set up a conference, and then I get three people from community members to sit by the conference. Now, if somebody from Cappasola agrees with us, that's not necessarily a qualification. That makes sense. Thank you. You're welcome. I'm very welcome. Good to see you again. And if they tell them I'm over time, I might have a more question. Yeah. Yeah, I do. Sharon Hart, when President Obama was and also participated in the conference doing what's coming up with points about Canadian policing and just reporting out of that, and then he brought back to the Santa Cruz that report and then carved out from that total report what the intent to Santa Cruz means, and I want to, some of those means when we talk about that. Is this considered an agenda to a community-based focus, or is there something separate? It's something very separate. That's okay. Thank you. It's something very specific. Thank you very much. Right. Any additional questions from Council? And I'm seeing none. So thank you so much. I really appreciate you being here, sharing this with us. I really appreciate it as I'm sure the rest of the Council does as well. Thank you so very much, everybody. You have a good night. Thank you. Take care. Thank you so much. All right. We're going to move on now to item three on tonight's agenda. I'm bringing additional materials for tonight's meeting. Yes, there was one community comment regarding item 8A and one staff-provided report for item 8B that was sent to Council. Great. Thank you. Are there any additions or deletions to tonight's agenda? That was no changes to tonight's agenda. Okay. With that, we're going to move on to item five, which is public comment. Now is the time for any member of the public to address the Council on items that are not on the agenda for tonight's meeting. And I'll turn it over to Larry, our moderator, to let us know if he received any written or have anyone in person that would like to get a public comment. Thank you, Mayor Peterson. I do not see anyone in the meeting with their hands up asking for a comment, and I do not see any emails on public comment. All right. Thank you. With that, we'll close public comment and bring it back for City Council and staff comments. Are there any staff members that have comments this evening? Yes. Mayor Peterson, this is Katie Fairley. She's a law contractor and city council. This evening I want to give you an update on the outdoor COVID-19 temporary uses for moving forward with guidance documents tomorrow, which will be released to all the businesses on how to heat their spaces, as well as cover their spaces. So we've been working closely. I've been working closely with Hugh Jeffberg, our public works director, and Robin Woodman, our building official, and also Sam Butler, the city attorney, as well as the fire department. So we now have a coordinated document, and it will be released tomorrow. And I know we thank all the businesses for their patience while we get something together that hopefully will be a quick approval for all the second five weeks ahead of the next one. Fantastic. Thank you, Katie. I know that I was part of the BIA meeting earlier this week, and I know that quite a few of our businesses are really looking forward to receiving that guidance. So thank you so much for all the work that you've all put into that. Welcome. All right. Any additional staff comments? Yes, ma'am. This is Hugh Jeffberg, public works director. I just wanted to let the council know that before the next council meeting on November 2nd, the contractor will begin work on the jetty project. This is where they'll be packing rock on the jetty. Unfortunately, we're unable to begin work on the film project at the same time, because we haven't had any rain to open the creek. So that part of it will have to wait until later in the winter after the next one runs. Thank you. Great. Thank you. Yeah, that's exciting. We've been talking about that for a couple years now. And I was just telling someone the other day that when I was a kid, you couldn't see the wall that runs between the rocks at the jetty. And now you can. So I'm excited to see that built back up. Any additional staff comments? Seeing none, we'll turn it over to council. I see the right way or broke closing in. Thank you so much, Mayor Peterson. I just wanted to share about an upcoming event and collaboration with a county heart's friend, the county and the United Way and its N level ACT. And it's Health Matters, which may be a wellness initiative to bring states in 18 and COVID-19 mindful of their activities to black community members of Santa Cruz County. And this Saturday, they're having a barbecue and then an online virtual event in support of the Black Lives Matter Reset. And the other initiatives that they have been in support. So I'm just reading that right off to the website. If you want more information, get under tanneryworldstamps.com. Thanks so much. Thank you, Vice Mayor Brooks. Any additional comments from council members? Seeing none, oh, just getting council members on. Tom, I think we might read something about our participation in a Halloween party with these owners of the mall. It's one of those staffs that, you know, beat all that. Are there any staffs in the speech? Are you referring to the drive-through trick-or-treat event that the mall is having? Sean, do you want a break? No. Okay. Is there any staff that can speak to whether or not the city is actively participating in this event? I'll find a word. And, hopefully, Nikki isn't able to join us this evening. I think a lot of people have a question, and I just got our meeting from, but she's not with us this evening. The city is sponsoring and partnership with the mall and the Chamber of Commerce, a Halloween cruise, I think is what we're calling it, that begins at the Capitol Hall, and then goes roll through town and will conclude at the community center. And it looks like a moderator has put up a slider for us, which is going to take, like, 2 p.m. on October 31st. Everyone is welcome. The idea is to dress up your car, and everyone can be a safe distance, and so enjoy Halloween, and if you make it to the community center, we will have some treats for you as well. Great, thank you. Any additional comments from Council? All right, saying none, we will move on now to the Consent Challenger. All the items listed on the Consent Challenger will be enacted by one motion and the form listed on the agenda, and there will be no separate discussion on these items prior to our vote, unless a member of the City Council requests that specific items be discussed for separate or muted. Items pulled for separate discussion will be considered following our general government items. So, there are any member of the City Council that would like to remove an item? I see two hands up. Council Member Story? Yeah, thank you, Mayor. On item D, I didn't necessarily want to remove it, but I understood from the City Manager that there's an update to our tier standard that may be coming up next Tuesday, and I was wondering if we could give a sort of report about that update and whether we're still on track for lowering of our tier color. Yeah, thank you for the question. So, for those of you who are following along until the State of California has about four tier systems of rank for what is the amount of activity going on in every single county in the State, to currently we are in the second, we are sort of the second highest tier, and every Tuesday the State would use your data to determine whether the counties will change tiers. This week we qualified to move down a tier to the second lowest tier, but we were currently in red and we're going to move down to orange, which will allow more activities offices to open as well as increased activities and retail establishments as well as dining establishments. The rules that I understand are that we need to get that lower tier for several weeks. I think previously I suggested it was one week and then we would move into the orange tier, and hearing more follow-up is probably two weeks. So I think at this stage, as long as our numbers stay good, the expectation would be that we would move into the orange tier coming up in about 12 days from now. Thank you for that update, so we appreciate it. Sure. Did you have any thoughts about it, Richard? Yes, I just had a question on staff. In terms of the updated power supply for the city hall complex, where would that be? I think we have one right now outside the police department. What's the proposal with? There is like a response this time. What's one? Yes, please, thank you. So we can currently do have a generator to the hall where only powers need police stations and a computer server, so there's not power from public service city halls or the council chamber community rooms. So we are looking at finding a bigger power source that will power the entire city hall complex. The grant is based toward a greener solution than a diesel power generator. So we're currently looking at a battery power wall and solar panels to charge it. So we're getting the pricing for that and making sure that we qualify for the next one. Thank you. All right. There's no additional questions from the council or comments on our consent calendar then we will entertain a motion. I hope you can check the calendar. That's fine. I'm sorry, what was that? That may have been to go to the public first. Oh, thank you. Thank you, councilor Ruff. I appreciate that. Yes, let's go ahead and go to the public for public comments on our consent calendar. And I'll turn it over to our moderator. Mayor Peterson, I do not see anyone in attendance with their hand raised to talk and I do not see any emails on the consent calendar. All right. Thank you very much. With that, we will close public comments on our consent calendar and bring it back to you to the council. I made a motion to move it earlier. I think it was set in there. I think I did that motion. Okay. Motion by councilor Motron, seconded by councilmember Story. Can we have a roll call vote please? Yes, councilmember Bertrand. I approve. Councilmember Batur. All right. Councilmember Story. Aye. Vice mayor Brooks. Aye. Mayor Peterson. Thank you. Talk to you dynamically. We're going to move on now to our general government item. We'll start with item 8a, first reading of Chapter 17, zoning code and local coastal plan adoption. And I'll turn it over to staff. Before you this evening, we have the zoning code update for adoption. Just as a reminder, we adopted the first zoning code update in 2018. The goal during that time was to adopt a zoning code that reflected the general plan which was adopted in 2014. They get user friendly as clear and concise plain English left confusing for the general public. Adding tables and diagrams for them to follow. To promote quality design, I think one of the main drivers is to preserve place with special states you call Capitola and protect the environment, our historic preservation also supporting economic development and simplifying the language to clarify the procedures within zoning codes which are often confusing to follow. So that was, we achieved that in 2018. Submitted our zoning code informally to the coastal commission, received comments back and for the past two and a half years we've been working on the update focused on the coastal commission comments that we've had back. In total, there were 25 meetings for the 2018 update to the zoning code and tonight we're on our 11th meeting for the update to the coastal commission responses. So a long journey but we're here tonight to officially move forward with the first reading. So as I just explained the process we are currently at the final draft and published for the adoption hearing and this evening I'll be asking for our first reading of the ordinance. I'm not going to go through all the updates that have taken place I think during the meetings over the past summer and all the bigger items we've touched upon if there's questions I'll be happy to answer those. They're just going to walk through the process for the LCT adoption. So once the first three the first and second meetings are in our zoning code as adopted we'll submit the LCT to the coastal commission for adoption. We'll schedule it for our hearing. That's case scenario is it gets approved and certified. The other scenario is that they redline the document and capital accepts those redlines and they're just therefore certified. We could not accept their redlines and propose revisions in which we go back to the process and lastly if we don't agree with the redlines and decide not to go about then we'll have two codes in place and put the middle boxes. Our recommendation this evening is to approve the first reading and weigh if the reading of the text is proposed ordinance and then in title 17 and to adopt the proposed resolution authorizing staff to submit the zoning code update LCT update to the coastal commission for third vacation. So with that I'm available for questions. Thank you so much Katie. Are there any council members that have questions on this item? And I see the council member's story has been done. Yes thank you Mayor. Katie my question goes to the process of the coastal commission and of course and if they should redline and then it goes back and forth and that could take many months with not years. We're not curious. I assume that our old zoning code would be enforced in a pie in the coastal zone but there are certain areas like for example the capital hotel theater site with the general plan supplementation applied to that during that period but it's trying to understand where we are if we get into this back and forth with the coastal commission for an extended period of time. Yes so the general plan gives a broader overview for future development and lives of the broader plan and the zoning codes are very specific about what can happen in each of the zones. However the general plan also in our general plan they also specify the maximum floor area ratio so for the specific question about the possibility of future development alive the general plan is put into place the incentive program for saying if someone were to provide community benefits they could get a greater FAR which there is no FAR requirement in our existing zoning code that has you know our previously certified zoning codes so if the hotel was to come in within the interim they could apply to that larger FAR because it is identified within the general plan over in the zoning code update we solidify that more by having the FAR within the zoning code update but in general for any projects that come in within the coastal zone they'll be subject to the zoning code that is the previous zoning code that prior to 2018 adoption and until the time it is certified by the coastal commission that previous zoning code will be in place. Can I change a style that varies your safety answer I think Dr. Hurley you can certainly in depth but I think the simplest way to think about it is the FAR's properties that are in the coastal zone until the new code is certified you have to comply with both the general plan and the old zoning so it's really the most restrictive of the two. Thank you for that. All right I believe councilmember for trying to have your hand up that you will right was there a question and third can you tell them that over time? No my fingers sort of pushed the button accidentally sorry so I have a question about the severability I learned about that term in the hearings recently for the extreme court and so my question is can a item in the code be severed for future discussion and vote on the rest of the code and pass that on this may be a question for us to use lawyers but it's really quite many our ability is to it would just be a big helpful side to to contain the item or can you tell me what you're thinking about but is there a clear answer? Well yeah I'm concerned about the hotel side for the hotel side or the theaters to be I would like to see if we could sever that move on everything else to the coast of commission and continue the discussion on that Okay so I think that it's other council members who would like to do that here is my suggestion the mayor had previously indicated that she had a conflict with that portion of the Deming Code why would you suggest that the mayor could choose for yourself some of the discussion and then if it's helpful we'd like to sever the code then the staff would need to come back can you with an ordinance with two separate ordinances I don't it would be challenging if you go forward with adoption tonight because it's an ordinance and that portion is already been severed down below and it's been written into this ordinance as we slide thank you so perhaps before we decide if us the other council members can try to be back about whether you like have a deaf and child portion of the code that might make the most sense Mayor Peterson I don't mean to cut you off now I just wanted to just for clarification on the procedure should we continue with questions and go to public comment and then come back for the discussion if any of that needs to be pulled or should we do that now okay let's see that so we heard your concerns Josh we'll go to the third question go to public comment and when we come back do you want to continue that discussion I'll repeat and we'll move forward from there all right I saw I saw council member Boswell and then did you have a question Mayor I I was going to make a comment so I believe your action is appropriate to go to the public first and come back and discuss it and at that point I'll grab a comment okay great saying no further questions from council and we'll bring this item to public comment I'll turn it over again to our moderators to determine if we have any public comments Mayor Peterson I have we have one person attendee wishing to talk so I will allow MMM to talk at this point all right I think I can see you've got my screening name I apologize for that this is Michael Borsi my wife and I have a residence of Cacatola and we have property on the block at Office Sacramento as you might recall I have spoken to the council previously on this topic and I wanted to take a few minutes tonight to just share some thoughts on the on the impaired process I'm not you know I'm on the the I guess resolution that's up for the board tonight first of all I want to thank the council and I want to thank Katie and her team for doing just a fantastic job and pulling this together this has been a a crystalline efforts that covers obviously every component of the city and many many stakeholders across various important constituents and I think the city and then staff are to be commended for making this process very open very transparent and very inclusive and I think that's you know a little testament to your commitment to that kind of dialogue which makes capitol because of every community so so first of all I want to thank you for that we we are relatively new we've been our residents down for three years and obviously we're very this is a very important topic to us but we're very pleased with the process as it evolves I've gone through the red line several times as you know we've had our attorney look at it carefully we provide comments you know we're we're happy with the document as and the red line as currently outlined in the agenda in the attaches it's true to the coastal acts property owners like us don't really benefit greatly but we don't lose a lot either in terms of the I think the principles and the guidelines that are part of state law as as written in the coastal act so so we're very pleased with that and we're very happy to have it go forward now back to coastal I think obviously the next big step is is how coastal response to the red lines that are are attacks that in this document and and I think the challenging times will come in the future when everyone also pushes back on various initiatives that they would like to see in in terms of you know kind of the next wave of their guidance we've be coming law in different ways that are not really reflected in the actual coastal act so so we'll have more challenges going forward and I know I speak for everybody else who is directly impacted by by this document that we will be looking forward to working with staff and city council as those comments come in to be able to help everyone navigate those as we go forward but again thank you for all the efforts we're really excited we've part of this community and we'll be forward to working with everybody on this topic as we go forward great thank you so much for your comment Larry any additional public comments in Sydney? I do not see anyone else but the attendants with our hand raised and I do not see any email on the title okay with that close public comment on this item we'll bring it back to council I see Council Member Bosworth and Vice Mayor Brooks have their hands up so let's start with Council Member Bosworth we'll go to Vice Mayor Brooks and then we'll return to you Council Member for charge to determine how you'd like to move forward with your questions that you answer great thank you mayor I got quite a couple of comments I want to make about the plan but I think right now before Council Member I have some part of the issue about um reopening one item on this document because I think some of the other comments I was going to make was more general about these these types of the plan but seeing as we have to deal with this item right now I just want to make a position that I believe the last meeting when we discussed this council member with the plan brought up this item about redoing DPM the perceived types of the panel and we put the vote on to that plan we voted against and I think it was clear that the council would say it was moving forward so I don't see the point of redoing that forward again until we've already decided that that we were we were okay as well with with the discussed with the discussed I thought of you so I'm not willing to be open at one time thank you can you tell us we're about to work by clear of work Mayor Katerston I I'm going to bring that a couple of members on on this we asked um when I came on two years ago I asked that we close down the process of looking at the the the the coastal offside here because I needed to fully understand it and to see whether it was defendable and we've been able to vet this through now two different attorneys and really be able to dissect it what I'm prepared now to do is aim what to be aimed at from under a soon what's going to be said we just need to see what the outcome will ultimately be not prepared to make a motion at this point to um to adopt the staff's recommendations for um both item one and two other items I will second that for future discussion all right we have a motion by Vice Mayor Brooks and a second by Council Member Bossworth and uh discussion will continue I see uh Council Member Bertrand for the hand raised right um first of all I'd like to comment with all due sincerity and respect that uh Katie and her staff have done a wonderful job and this is I think something everyone on the council recognizes and as we heard people in the community recognize and in general I think everyone to the staff recognizes we do not need jobs and it was made easier by Katie establishing the relationship with the council commission staff and then the machine field that that that and they kind of will show you like oh all right someone's talking sorry so okay you know okay uh sorry just for a second uh Council Member Bertrand if we can uh have our moderator mute everyone uh and then we'll have Council Member Bertrand unmute himself all right go ahead go ahead I got the okay there I got perfect yeah go ahead thank you thank you so um you know the detail that was put into this and you know we needed to understand this process and the step by step portions that we took item by item red line by red line is is a great effort I have to admit and yes and the last couple weeks I brought up the issue of the book Check Out and when I read this is the reason why I've been bringing it up and you know and I will continue bringing it up as long as I can is because we've heard the public you've heard the public I've gone to see Council Member I've gone to see the planning meeting I've read the letter and we've heard the public and in general there's multitude of considerations that they've had that this code is not in the web there's height issues there's bulk issues and there's these impacts on the three core traffic that's one of them and to be able to say with the three that we're just going to allow some sort of mitigating factors to cover these things going from far of two to far of three there's a height and bulk issues it's not through nothing it's going to be declassified for we need to protect the concerns of the residents of Capitola they've been very clear about what their concerns are when I was mayor last year you know I'm looking to these concerns and I would make a habit of going down down and talking to the residents and all too often they said we like the childhood stories we like these quaint features we don't like the fact that I mean because we don't go to other places instead of having good views to entertainment places and hotels and stuff like that they come here for a small hometown old beach town place that's what they come here so that's why when we have all these concerns on what's going to happen or what might not happen but when it's proposed we get so much pushback so I want to remind people about the situation we're in right now because they happened years ago with the Crest Department that was meant to be a city park and look what it is now city council at some point he said oh we need the money we're just going to make this decision and we'll get some apartments up there and we need the money even if I have this issue right like that the department assumes a property that these libraries own that was a similar thing that was a huge piece of property and sold it off for whatever he was at that time and no one can remember what these were I can't so it's been for a long time but what happened on the people of the old Crest where the Crest is to right now I don't think anyone can remember why we need the money for that so I'm reading over all the comments and I wrote I've got five, six pages of more here in the town that should and one of the felt felt that for me is people said over and over again don't give up the soul of our city so this is a decision we're making right now and years from now people will say why do we do this sort of health it sounds out it sounds out like a source on the cause there's so many different problems you told us so I really do think that we should set aside those items and have a real in-depth discussion on it what's the proposal does not reflect what we've heard or is he can't look at the proposal we're the ones that are are responsible to make that all two decisions you never really did make that we're just discussing we're not discussing what's been done for us Council member Barchaud I'm sorry to interrupt because you're discussing the potential for having a separate conversation on the hotel I'm going to go ahead and step out and accuse myself at this point by turning the meeting over to Vice Mayor Brooks for any continued discussion that you all may have specifically about this hotel item and then please let me know when you are ready to go back to the general discussion of the overall really close please let me know and I'll I'll return but for now I'm going to turn the meeting over to Vice Mayor Brooks for you all to continue this conversation over to you have any further comments that was essentially what I wanted to say and the other things that I think is important to consider is when I talk around to people who are normally involved it was not readily known but this was going to be the vote tonight when COVID goes away and people start caring about what's going on and giving to the extent that we're using as we read the agenda and the agenda players think about it we're going to think on something like this tonight that there was normally attended to what the extent that people were probably aware of we'd get many more responses that we'd be in a crowded meeting room with Kirk but we're taking an action that's going to have a huge impact on Capitol and all we have here is us not basically so I think we're really going to have two rapidly it is true that J has put together a long full effort and you know under normal circumstances you're going to be pleased by your constituent for the letters to the big council there's these back such back meetings with residents and stuff like that there will be a huge issue Council Member Butchers I'm scared I just want to remind you that there is a motion and a second on this table are you suggesting an amendment to the the item today because that would be likely to make an motion on an amendment So that's the next motion that I'd like to hear other comments first because I am going to be to present the motion I think Council Member Story can rate Council Member Story Well thank you Vice Mayor I guess I wanted to respond to Jack since and just let everybody have a public note that there is no hotel project before tonight we're going on a so many frameworks to be able to judge and assess any project and make some fold in the future and I also want to point out that for the most part the concerns about the floor area ratio have already taken place and there in our general plan and the general plan is an enforceable document you know when I first came on the council in 2005 and we started working on that general plan and it was not approved until 2014 and then there were later amendments added to it in 2019 so that's over 10 years of discussion about the planning document and the zoning framework and within those documents it states that the floor area ratio for the hotel theater project which is I think the focus of the convention right now is 2.0 and that there are an incentive for developers to make a 3.0 and there's three stated conditions now my concern is that if we don't have to zoning ordinance tonight we're not going to have the tool in order to be able to best protect the neighborhood the village and the greater community of Cactiola that's why I think it's important that we go on and submit the zoning codes to the coastal formation so we can start that process because I think that our hands are done if we don't have the zoning code which has more of the specifics about the conditions on which to develop if it goes from two to three then we're going to be severely hamstrung during that process and that's why so to a certain extent you know the horse is already out of the bond in terms of the floor or the ratio on that property and this council and future council need to have the tools to be able to make sure that it is a good project that provides and in the worth of the code with Sanctuary community benefit before it goes beyond beyond 2.3 euro and I think with those tools we can have a a better project for the community but just an ending there is no project there before and also I want to just on another because I have the microphone to say that as kids that the zoning code it may apply to the minor code I never reduce myself I don't think that's under the respective discussion the decisions will probably be made by the council on that matter but to extend there you know I'm involved in that I'm going to reduce myself on that aspect there thank you by the way thank you council member story I see council member Bach work can still raise did you have any additional comments at this time I do want to hear a word thank you for your acknowledge me I want to thank a council member story for for so eloquently clarifying and writing to this conversation that there is no project to work with me tonight we all know from our experience over the council that it's a long and beautiful process to approve any project and I'm sure that there who was to be the secretary and I was telling the village it would be a long process with a lot of community involvement so I do not feel like I am doing this immediately we need to serve it by approving and talking to them I personally have reservations with this document I feel like the council commission was overbearing groups that are taking control of our city and I feel like that our staff has gone to great effort to try to please every little bit of control we could possibly maintain to try to do what's good and best for our city and our community I still don't feel like we accomplished that but I do acknowledge that this isn't a gift so on the lovely lessons I'll open up this conversation I do have a comment that I want to make because I appreciate the Councilman's story comment and the essentially the emotion is made to open up the topic I'd rather get that done now because I'd rather get the mayor of that tenure so we can have the conversation of the entire package I'll move the box to our Councilman Robert Chen your head is raised Yes, Mayor my head is raised Well, I appreciate what Sam said and someone sent that identified that the speaker went out said but when I listened to what Swanson staff has said in honor of the several families and of the members and I remember the threat that the architect was doing that sort of laid out what the Swanson's wanted for a hotel the plans basically haven't changed at all with an after effects sort of doing what he had to do at a table there of J.C. Park and by asking them well were you getting your ideas you know are you looking at our input because you had all these tables and questions there's no I'm just doing what Swanson's wanted to do that plan generally hasn't changed there's been modifications here and there and stuff like that but the main issues are both and Christ has not changed when they talk about amenities that they're going to provide for the city we're going to get this view area so it would be quite nice and a stairway that leads down to the earth in front of the stage so it would be quite nice so this is what they consider an amenity that we're going to get as a member of the traffic that's what I remind you that this item is not about the hotel because you can mention that you would like to you would like to take an amendment to the motion on the table where do you feel interested in hearing some? I am but what we're really talking about here is a position that the city will have when we go into discussions with whoever that adult or something and I feel it's very weak positions in Swanson's party and the reason why I mentioned that platform is because we already know what Swanson is going to propose they haven't changed from what they did with the rep at J.C. Park they want they've actually increased the numbers so yes we don't have a proposal but we all know or someone should know what it was like dealing with them on the risk of mansions they push the thing in capital they push it they push it they push it they push it so someone burned it down they will not they will do the same sort of thing with those here and I'm talking about it at the 10th point we need to protect the city's interest and I feel that there should be warrant in that section that gives our city staff latitude in the negotiations with Swanson and I'm trying to make why are you trying not to order I have a point of order if we're going to have a motion that has this conversation I think the motion needs to be made for amendment a lot I don't understand why we're discussing something they haven't agreed to discuss you're actually right then we haven't really just had that this is so I will make a motion and it's going to be pull out the section dealing with the city things for public zoning for the future hotel at the theater site that's my motion and put that up for later and have a public discussion on it when the public can be involved okay so I think that your motion would be to move forward with the first reading of the zoning code update without the section that pertains to that hotel and it's uh director probably can could you tell us what section that is you know on and as we just mentioned we have a sort of record for the motion all right I'm going to take a look and get that point right now sure we'll take a pause maybe a minute okay I will step down to our version of I think that's a relatively attention okay you just give us just a moment to find the in-sentence for community benefits is chapter 17.88 okay tell us when the version ends is that the portion if there's any for that you need I'll tell you this is one that's dealing with the um the proposal to all on the theater site there that's correct and I think we would also amend art of the um that village um and portions of chapter 17.20 and mixed use zoning district to take out the references over your chapter what was that also that presentation on that okay and so I think the motion would be and perhaps before doing this I'll ask director Brody if it is that easily community can't remember we're trying terms that are from the update and it's possible to renew that clearly? I believe we could and there there'd be sections of chapter 17.88 and sections and just references to that chapter within chapter 17.20 Okay, I'll offer a suggestion here I think that the thing to do uh comes in our program I think that's for your test is simply that you want to spend some more time focused on the hotel thing issue so let's see if our motion passes and if it does then let's try to figure out how we go about doing that that is one of order I believe this would be a substitute motion we're doing right now because we already have a motion on the floor correct thank you okay so I'm going to take this meeting and back over thank you under our for your input thank you come remember we're trying for the motion so we have a substitute motion on the table so I only need seconds we're trying I just want to say thank you your comments are third and valid and I appreciate your insight on this I now want to welcome back Mayor Peterson to do a speech conversation very cool welcome back we have a motion and a second will it be the original motion and a second is still on the table okay and is it is it possible for staff to read that back with the original motion the second one was it just to accept staff recommendation yes that is correct yes okay uh top of our box work your hand is up is that from a previous discussion or something again no Mayor if I had some comments on the uh of the coast with plan in general really got up on the sidebar discusses but I just want to finish my comments because I know you're probably anxious to call a vote so uh um what I wanted to say was uh I had to work I was too was on the general time committee and we're working along with uh not only C but Richard no puts for a lot of time working on this document for many years and I appreciate that they're being in this point now which is pretty significant or actually that includes this document I was starting to say I am not happy with the direction the coast of the commission is trying to take to our account I believe that we did I believe they say they've done those human leaders but most of you probably pushed the coast of the commission and were optimistic that we come back but they were set some of the suggestions we made but the fact is they didn't come back with more red lines which is going to challenge the council because I'll be darned just by that by the chapel to review them and and and those who have significant effect on the city of Capitola some may think it's for items like a hotel I'm worried about more items of life so the folks that make this thinking away homeowner's right and I'm really upset with the fact that the folks that commission was allowed to have no option to protect our blood and on this council I did nothing to turn to the embers so we made the blood the best we ever did was we passed made the rest which was a fund that was supposedly created to somewhat assist the terms of the ocean against our our our pyramidal cities I took out a case that 815 page package that was submitted to us there was a lot of history in there and a lot of good reading I just want to read the one paragraph here that has struck me because it feels like it's not only my failure but the failure of the all city council on Cappacola I just want to read this one paragraph it's a strong strong ability of future occurrences based on its total location to go up into shoreline and whether it will continue to occur in Cappacola in our future the amount of erosion will be dependent on the intensity of the storm and whether or not collected actions are taken by the city of your county to protect the shoreline by reducing erosion rates with regard to each erosion blood barriers it is not a matter of whether the houses will occur more a matter of the rate of which that hazard will occur this is inevitable that we will begin someday moving homes into the ocean we've already lost Grand Avenue we're now in the process of losing our trail which I thought was priceless to the city but I just want to say that when we send this document there are some great things in here we've changed the overlay zone we've done some improvements to the village there are things that are good for members of our community and it's been a collective effort and shouldn't we ever have a hotel as I believe is doubtful as the fountain on the story says there are some tools in there that a future council will be able to make some good decisions about so I'm now going to leave a made a motion and have a second we're going to be going on there so I just hope to let it come back to you that you dig in and you take a stand and realize is that if the council commission is totally unreasonable we don't have to accept it and maybe the existing code we have is better than the taking control of but I feel I command the hard work of so many people to get this document here and I hope that we have a successful action today thank you thank you councilor bosser all right there's no additional comments from council I believe we have a motion and a second on the floor I'll turn it over to the City Clerk for a roll call vote councilmember Bertrand I agree councilmember Bautorf aye councilmember story aye vice mayor Brooks mayor Peterson aye thank you motion carries unanimously and we're going to move on now to the last item of the evening item 8b adopted resolution approving the 2020 update to the city of capital local hazard mitigation plan I'll turn it over to staff taking mayor council thanks for hearing the title tonight title reporting tonight is the approval of an update to our local hazard mitigation plan just to give you a quick background on them the local hazard mitigation plan make the program that is developed to identify hazards that exist in the city that are likely to impact critical infrastructure so they identify the hazards first and then it goes through and identifies critical critical infrastructure and quality streets that are or may be impacted by these actual or hazards and then it identifies the mitigation efforts and planning to try and mitigate these patterns as we move forward the first local hazard mitigation plan for capital was adopted in 2013 that was rather lengthy process we went through at that time engaging quite a few stakeholders some utility companies and other jurisdictions including this is a document that lives with FEMA the federal emergency management agency and they require that it's the updated every five years we started the update for the 2013 and 2018 and unfortunately it's taking us a little bit longer than we anticipated to get to this point but we are ready today to adopt the update to the mitigation plan one of our comment is that the copy of the mitigation plan that was included in the agenda package the docs would attend today I apologize for that maybe we're emailed that today that'd be kind of a snapshot of history of events in the city that have caused hazards and damage so it's kind of an interesting read at this point I'd like to turn the item over to Bill Weissman with Kimberly Horne and the Association Kimberly Horne adopted and wrote our first 2013 LHNP and Bill has been key in providing this update so Bill has been promoted out of the melt and fires okay thank you Steve just confirm I want to hand it okay let me share my screen do a little okay can everyone see the screen okay well thank you Steve I appreciate the interaction and Mayor Peterson and Council members appreciate the opportunity to give a quick overview presentation of the local hazard mitigation plan update we were involved in the first update that Steve mentioned and so this is going to carry on from that okay so every five years being our requires an update and the major components of the update that we did in this revision was related to four criteria or four issues so climate change which we're going to talk quite a bit about updating the critical facilities list and the replacement cost associated with those or integrating the to be going on update that Katie's been working on so hard and I applaud her for that effort that is a non-demand effort is known to fire who does for her efforts on that and then the mitigation action let's see I just have I'll pick you up I'm sorry let me my VPN is going to go out here so just in case I have to get something from my server it's just notifying me so let me be without I apologize I have some tribulations working remotely okay so I will continue sorry about that okay so as he gives overview this is the main chapters of the hazard mitigation plan the community profile which looks at the current the requirements general patterns general plan thingy et cetera hazard profiles which are being talked about next which really identifies where we where the hazards are and with some potential for occurrence to affect these facilities on risk assessment this looks at basically a ranking mitigation actions and then planning maintenance and capabilities as Steve mentioned we did talk extensively with which was what's called the LHMT advisory committee so it's made up of city staff from different departments and then external and these external are really stakeholders that deal with facilities, roads and emergency related activities utility providers like PG&E and Centale the school districts is on that because they provide emergency shelters and then there's policy organizations such as the National Rights Service and the U.S. Geological Service so we coordinated with them with them as part of this update so what Tino requires is that you identify the various categories which are called hazard profiles and there's 11 categories and you can see them listed on the nut side of the screen and then there's a ranking process that we go through that looks at what the potential impacts are so it looks at the probability of those impacts and then affect the areas priority and secondary impacts to come up with a scoring and then that scoring is converted to either limited, moderate or significant and I think the main takeaway from this slide is those that are showing yellow there's three categories that are identified as a significant potential hazard and those are earthquake and associated with the faction sliding and includes both river and coastal which is what we understand is a relationship between two particularly with respect to some kind of creek and it's tributaries and then sea level rise which is really a climate change consideration and that is interconnected if you will with slender ratios so the city has or the LHMP identifies 22 facilities that are considered critical facilities within the city limits and those include city and other agency facilities such as student hall police station fire station and then critical infrastructure such as the sea wall bridges and pump stations so those of us that we are having a little small that they're identifying their LHMP as far as I understand what those are with that ranking that we looked at earlier and we look at those facilities we look at what facilities are most at risk and what those categories are the hazard risk categories so as you can see here the facilities that are and this is just over the top items is stopping bridge and particularly because it's one of only three ways out of the village and it's a very important road and then when flooding happens you know there's tension that it can damage the bridge the pump station that's down at the park and then you can see the rest of these country rides local Gulch et cetera so I'm going to focus in on the flood hazards and ex-relationship the sea level rise so this map is showing you the critical facilities that's on that list on previous traffic and then the areas in different shapes of blue are showing what the flood hazards are so there's the kind of lighter blue which is one out of gear flood zone and then there's the 500 there's a 100-year flood zone the coast of flooding and that's the purple that you see along the coastline there and then there's the 500-year flood zone which is this dark area for example of course that is not in the shopping centers so there's an interrelationship between flooding and sea level rise that I talked about earlier and one of the things that the LHMP and the Coastal Commission requires is that use the latest information research so the sea level rise is an ongoing you know analysis nationwide as well as what's going on along the coast and so again in the previous LHMP we looked at the National Resource Council so that's the second column and this is an estimate of meeting high risk aversion in feet so it's showing you the year time horizons and the best estimates based on data to know and for this LHMP update we used a more current number which is some numbers which is came from the ocean protection council so this is from 2018 and then the delta of that is showing that basically the sea level rise analysis and research is indicating that there's an increase potential a little bit so the sea level rise numbers have increased and you can see based on the different years and by 20 or 2100 the delta is 1.7 feet so we're dealing with basically as research gets better the story gets worse as we take away our estimate so using that data with those numbers estimates we did an overlay or I should say there's a stuff that I'm studying to talk about shortly that did the overlay data that looks at projections out in the years for 2030 2060 and 2100 so this is a different shape of blue and you can see those on the map over and over where the critical facilities are so for example these areas that aren't within numbers one, two which is city hall the wharf areas around the in the village exactly the jetty and the sea level etc what areas it would be prone to affects from the sea level rise and coastal flooding so I mentioned a report so one of the key reports that's news that was incorporated into the LJP is a report that was prepared by the central coast Latin school and they came up with a number of issues that they identified and then record and I just kind of summarize these here and I'm sorry we have a fair amount of text in the next few slides because there's a lot of information relates to what the recommendations are and then what the communications they have but I think they're important to understand in the context of the significant changes that were updated in this plan so the the report identifies issues associated with infrastructure that's closest to the beach that can be affected from waves sand deposition kelp and other knives and that will be caused by the flood waters that don't train between waves in other words for example there's a big storm surge and there's water coming down for some of that creek and then it interacts with sea level rise you basically get a higher commendation because that line doesn't have any water. There's also a lot of impacts of infrastructure further inland that would be caused by both flooding and ocean sea level rise and what the report identify is that property values by 2060 could increase or could be damage could be impacting about 275 million dollars worth of damage and it would also cause issues of access to the capital of the beach and by 2060 could potentially affect the river rock language is estimated that flood waters could be estimated up to 18 feet so it's along the coast and inland up the river or up the creek seasoning that could be affected by 2010 it doesn't get much better much of the beach area the back beach structures for example the sea level rise if they're rebuilt in a current location could still be affected by higher level sea rise it would affect a number of properties within that area both within the block erosion zone as well as from sea level rise itself and it'll be periodic flooding both during weather storms and then in potential monthly as it's related to sea level rise I think it's important just to have some context you know it's not just this is an analysis that's based on model and there's a range of scenarios that allows for interpretation so it's more of an art than a science that looks at this but that's not stated it's taken lightly it's just that there's there's variations in the research and it's evolving as we you know deal with climate change that's a broader issue for the entire global age the LHCP includes those reports that were recommended the strategies and then we get to you know cut the slides and one of the major conclusions is to continue working with coastal commission and other stakeholders and develop them it's called adaptation strategies and I just want to highlight what those are and how it works with that planning process so with any type of sea level rise studies there's a basically a cycle and that's what you're saying on the left side with this circular diagram and then the first three is basically review the science look identify what those vulnerabilities are and assess the risks and that's really what this LHCP has done it's done its first three components the next stage is to develop an adaptation plan so you doesn't have that as yet but that the categories of adaptation typically deal with three categories the first one is is protection and there's a subset of that there's basically two types of protection those one is hard protection strategies that you see walls with dead men's and bulkheads and then the other is soft protection such as natural based solutions that might deal with levees of doom restoration and in this case we don't really have those available to give them the relationship with the coast with the ocean and even the bay the second strategy is to accommodate and that could be by elevating structures retrofitting or strengthening or changing dedication to the zone so you kind of basically address the indistruction directly with some sort of modification and the last one is managed relocation and retreat and that's where you look at either demolition or relocation outside of the sea level in invasions zone and I think it's important with this I understand that typically these should only happen in areas where costs are effective in this long term basics because obviously it has significant environment or economic impact as well as environmental impact so you have to deal with that carefully with that content so the I mentioned before that the report identified a number of mitigation actions and that's what I'm going to go through here in the next four slides so these came out of the wetlands of course and I think it's important I understand these are the most significant mitigation actions that we updated in the plan working with staff uh the first one item P is to improve resiliency of flooding along so-called creek and coasts and this could be the construction of flood walls and improving improved building guidelines such as increase in free board and for example first level sewer parking so these are modifications that could occur to help reduce flooding aspects the second is to investigate natural habitat buffering to reduce coastal flooding and this could be for example sand repulsion and cloud management R deals with upgrading vulnerable storm drains along so-called creek S is addressing opportunities for beach reclamation and inertia in concert with rebuilding the city's growing and the journey which we talked about at the beginning of the meeting this year item T. Fox addresses coastal bluff and beach management and that's a look at both long and short term strategies that can help for long term protection and adaption item U is to prioritize coastal protection structures to upgrade and replacement for example the sea law and then lastly is resiliency improvements particularly if it relates to critical behavior learning and on the issue of coastal access ways for example of Southton bridge item W talks about policies to learn useful capital improvements so this sort of gets issues of strategies that you can consider with respect for example the city hall and the fire station looking at temporary or permanent flight wall along snow tent creek walking path which identified earlier that could increase during the flooding event about 80 feet item Y is to identify prior areas for future protection so that ties in the identification of the critical facilities and then item Z and added in context to a letter that we received from the surf rider foundation and this is to look at a long term options to manage sea level rise as it relates to more of those soft techniques that I mentioned such as living shorelines soft honoring relocation etc and also they also made a recommendation on looking at long term protected measures along deep uphill due to our beach emergency relationships so that's a summary so just so you understand in context for where we're going to go forward on assuming you adopt the LH&T tonight first off if there's any comments if she's being sent to the address that's shown on the screen so if the public has any comments to add certainly welcome not too late to go then the resolution gets set back in its final form to FEMA and from there city will be looking for great applications to implement these mitigation strategies and long term is under the next five years is to plan ahead for the update for 2025 Steve mentioned the appendix A which we received today sorry that wasn't included but we thought it might be good just to end with a little short context and look back because while these sort of hazards you know you maybe have taken them day to day if they're certainly episodic and then when they do happen I mean to be certainly catastrophic so we'll go back a little time and go forward this is a a photo from 1890 and at that time there was a wagon bridge in addition to a former stocking bridge that went across one slope kind of creek and there was a huge flood that occurred at that time and it washed out portions of the wagon bridge in 1911 there was a significant erosion that happened along Granite Avenue where the cliff just basically gained out and this is a good example of episodic so there's a there's a rate of of some erosion that happens along the coast but it doesn't necessarily all happen you know year to year it's more episodic event where almost some the chunks of the sandstone get wet and come off of the cliff so I thought it was interesting and the thing to say it talks about one of the ways that they tried to mitigate that erosion in 1911 so the owner of El Salto Resort his name was let's see if we can learn what it's here Mr. Hanshett he decided that maybe he chopped the trees down along the cliff and it might to reduce the rate of erosion so this is a woman on herself from Colin Steen to tell her that she's not quite sure that that's already about the stage in 1926 there were some very high tides that occurred that caused considerable damage to the capital of the village that were raised that affected the second story of the hotel that existed down there then there was also impacts on Venetian courts and flooding went rather than to throughout the village as you can see now that we're left which is generally it's illegal and I'm not sure what you see the last time you saw some canyons in capital of the village in 1955 was the highest floods that occurred and well there wasn't it didn't directly impact the city as a whole there was impacts down in in the village and so Cal they exceeded a $100 second of that day most significantly there was a house in five cabins and you can see them in a lower right along with debris that came down so Cal Creek and it was so expensive they actually destroyed the so-called dry bridge that's just upstream so they completely destroyed it so that's why the issue of stocking bridges is important because an event like this has caused significant damage to bridges and other infrastructure along so Cal Creek I think Steve and I were talking this morning it's what 31 years I can't use a math that could yeah 31 years since long and created earthquake and it cost extensive damage particularly regionally this is a photo down civic animals with Cooper House behind it the rest is a beautiful building sorry they lost it but there wasn't a significant damage to Capitola itself and what they know in the service in Capitola and then more recently in 2011 there were the floods that occurred that was primarily related to in the noble gulfs the underwater drainage way that gave way that burst within the specific codes mobile home park and the result that caused significant flooding throughout the village and even city halls just a picture on the not the city hall parking lot and on the right is the water coming out as it's even being the road there and so long yeah not to the ocean so that's an overview with a little bit of history and Steve and I are open to questions and comments and we appreciate your time thank you so much for that presentation are there any members of the council that have any questions as the council member story and we'll go to council member Bertrand thank you mayor well thank you for that silver for your presentation it's both one fascinating and it's kind of scary at the same time but yeah there were several questions that came up for me and maybe be if I can just maybe throw them out there then I'll take it and I might make the rest sponsored offline but number one that the ending there that is in this day that is a fascinating the thorough issues of capital is struggled with mostly water and I was wondering if we could post that on our website it's kind of a stand-along item maybe with a more attention-grabbing title so that people can give a sense of what the histories of disasters and capital have looked like because you know I think the past is kind of prologue of the things that who they need to prepare for and so that was kind of a question of well over that's possible to view and the other I wanted to they would mention that capital we don't through that in that cycle of the process of you know a review and assessment and then having an adaptation plan which it was mentioned that we do not have one I was wondering number one the question is what's the relationship between the adaptation plan and the mitigation plan which we do have and whether I mean if whether we should be thinking about preparing an adaptation plan and then within that context of the mitigation plan action I noticed that you know there's several items that have target deadlines that are coming up for example item R which is the storm drain which has a target date of 2030 on and the block management at a target date coming up within I think also 2030 and and I was wondering if we have through the line more detail the action steps to meet those who think it was their um and that was my question on that and then my last question was considering the mitigation action path which is referring to the the beach nourishment are alternative and that had the 2020 deadline and that's connected to the rebuilding of the jetty and and I was wondering if see whether the rebuilding of the jetty is going to incorporate some of the beach nourishment remerishment procedures of processes because I I was also like I guess John attention to the surf riders letter and their comments about that those kind of hard protections are particularly and the jetty could be contributing to the block erosion on detail build so yeah I know I threw a lot out there but those are my questions and if you want me to repeat any of them yeah let me know but otherwise I'll shut up and that thanks handsome story all all kind of work back with them is like those movies first the first beach nourishment so we the idea behind the jetty restoration is is to capture more sand and provide that nourishment on on a detail basis especially though on the part each is essentially washed out every winter for during the normal winter so doing beach nourishment like they do in California where they practically in hundreds of yards of sand if we were to do that at any point we would most likely lose that sand the neck would fall on water so we don't have in beach nourishment from a typical standpoint but we do have that's why we're trying to beat up the structures that help capture the sand regarding look beach nourishment and the jetty and the impact on Grand Avenue you know we when the coastal or the certified foundation first approached us about looking at options for that we went back and looked at and it's never been a large buildup of sand along the people hill beach area it's that jetty isn't there basically what we close line from capitol looks like is left looks like now below Grand Avenue there is no way the sand continues to move it doesn't capture itself along our sections close here so we would essentially we learned that before the jetty to go that way we got our moves built there was very little beach in the entire area so the idea that we are taking sand that would protect Grand Avenue at this point there isn't a lot of evidence supporting this this point we do know that the sand did be the sand travels around the jetty so we're you know we filled up this sort of point and the sand continues to to move south and we've done a buildup south of the or east of the jetty at this point so we've not got each each nurseman I mean we're talking about seasonal basis and having destruction in place uh regarding the action plans and the next steps so a big part of this approval that all of you can be provides us the opportunity to see grants I think that's our next step is to find grants to complete these future studies that need to happen by 2030 and additional stuff in total it probably could be quite expensive for the city I could find out who we are going to be seeking additional funding that all is complete you know we've we've said that we'll identify what is the best steps for us to go forward and then in relation to the you know the where we're going to move forward again the the trees or we'll do a plan retreat or the adaptation plan that's forward I know the community adult director Katie is working with the close to commission to develop a it's framework for an adaptation plan that's both acceptable to the city and to the coastal commission so that's something that is being actively worked on and then from in our intended study so I'll put together by our previous museum director Charles Swift and in fact in 2013 I need to be great I'll we'll work with our current museum director Frank to see if we can you know add some narrative to it a little bit more so it'll dry right now some pictures and start coming and I think that'd be a great thing to do on our budget and we'll work on that thank you for that response I appreciate it and yeah I look forward to looking at some of these other you know mitigation efforts and the dealing with the adaptation and it's going in the future thank you Uncle Edward Bertrand you had a question yeah I have a question maybe it's about some things that could be answered right now but the back of my mind is you know what we have in plans whether it's the mitigation or adaptation depending on the circumstance the idea of the necessity of how to pay for it comes back you know I think we could get money for the grant and as Ed talked about earlier you know we can have the issue with the bluff and so who pays for what work we've done there to protect people's homes and stuff and then as you said you know the co-spunders meet the bluff is always in the short bit of time and Jen didn't really change it that much so I don't know he or or Bill has been off or something there I don't think there's any definite answer but I sort of like to know maybe if you can answer this the general direction of communities we're for around the poor community I'm sure our approach should be a lot different than and the AGO but the emphasis was doing it's all bold and they work you're honoring that whole thing personally and then falling so they they are old men where is it so actually they just have something they're really doing the same thing basically so just some thoughts that it's possible because I don't know what's been done out there it's a two families like that you know I don't I think each case is very unique on I think we can like it does but what's going on you know that patient plan there's a lot of work going on that but I think that's based on what other people are doing as far as you know what our options are as far as we're protecting and as people help us I think that's going to take some study I think we know what the options are there's you know more jetties we're growing this appropriate term can you know soft armoring or potentially even you know leaps on other other ends of that to to calm the water I mean those they're there may be others and I think those are the studies from people who can initiate and try to get some plants when they get initiated and we can delete those now all of those whatever we do there is going to take quite a bit of time to design or identify a design permit being constructed so you know where where we're talking you know easily a decade before we could get from to go there early some second right any initial questions from council do you not thank you so much a bill and see for that presentation we'll turn it over down to public comments and I will ask our moderator if there's any public comments on this item Mayor Peterson I don't see any attendee questions and I do not see any emails all right with that we'll close public comments on this item Councilman we'll talk to about so you have your hands ready I think I'm going to go ahead and I'll go ahead and please give other solutions to staff recommendations I'll start them we have a motion by Councilmember Botthorpe and a second by Councilmember Bertrand are there any other discussions or comments from Council? Seeing none I can have a roll call mostly yes Councilmember Bertrand I agree Councilmember Botthorpe all right Councilmember Botthorpe Councilmember Story Hi Vice Mayor Brooks Mayor Peterson Indy thank you motion carries unanimously with that we was there a comment sorry thank you oh thank you thank you with that we close the end of tonight's meeting thank you all for your time this evening thank you to our presenter and staff for all the work they've done on tonight to join the item with that we will call the meeting to a close call the meeting adjourned thank you so much please take care of yourself and take care of each other have a good night thank you goodbye