 Okay, I would like to welcome everybody to the June 22nd Regular scheduled city council meeting. Thank you for showing up early. We realize it's a little bit different than what we've been doing This year, but there's a lot on the agenda So we want to make sure we can get it all in and everybody can be heard that being said Closer to about six o'clock. We will take a little recess depending on how the agenda is at I'm not sure what item will actually be at but we'll just kind of see how that goes So everybody can stretch their legs and get a little break May we have a roll call Councilmember Brooks here councilmember Clark here councilmember Peterson here vice mayor Brown here and mayor Kaiser here Would you all join in the pledge of allegiance? any additions or deletions to the agenda Thank you, madam mayor. We do have one proposed change the agenda this evening at the request of the applicant Staff is proposing to move item 7a, which is the capitol of bar and grill entertainment permit appeal From the first item to the last item on the agenda and any additional materials Staff received additional materials for items 7a and 7b all additional materials were incorporated into the agenda packet both online And in hard copy and were provided to the city council for item 7a staff received 12 emails Which were provided to the public and city council in addition There were also 20 additional materials for the previously scheduled appeal which were included with this agenda packet For item 7b. There were three additional materials received into oral communications This is for members of the public If you wish to speak on any of the consent items or any other Items that are not listed in our agenda this evening You will have three minutes to speak and our clerk Will be helping us keep our time evening I live on McCormick Avenue I just came up to speak about the Slide on on Monterey Avenue. I guess there's been some Problems with the property owner and whose problem it is that the slide is in place City says it's the owners the owner says it's the cities But the biggest news three-quarters of the bike lane is covered and if a kid gets out there or somebody gets injured Somebody's gonna sue somebody and I know it will include the city Why doesn't public works go up there and take one of our tractors clean it up and Make a record of it and they'll put a tax lien on the property But at least do something to clean it up so the bike lane is open Thank you Members of the public wish to speak Hi My name is Gordon Klapec. I walked today by McDonald's on 41st Avenue and There was a sofa a piece of furniture put out on a parking lot in the back of Capitola diner and I've been seeing this piece of furniture since two or three days and I've been Calling in the public works to remove it because it's not safe. Somebody can Drive into it or somebody can stumble upon it or injure himself or herself Thank you very much for listening. Have a nice day. Goodbye. Thank you Hi, my name is Tom Mater and I'm a 35 year resident of Capitola And I'd like to say a few words of appreciation Who a former resident of Capitola who passed away earlier this month? Does the name Tony Coltieri ring a bell with any of you who raise your hand? We all raising your hand Tony passed away He was retired here. Oh gosh 1991 and Move near our home on Depot Hill and the late 1980s and early 90s featured a wide variety of quasi ethical Activities on the part of certain city council members and Staff department heads Tony like my wife and I were troubled by these unseemly abuses of public trust And he campaigned for council aided by my wife who carried our then baby daughter around in a backpack going door-to-door He won and served two terms Including a stint as mayor Early in this first term the council colleagues and certain city staff became enamored with the development proposal for a Monster box store on Bay Avenue between woodworm and free in the freeway I formed and financed a community group called save the habitat to oppose this ill-conceived project on a large swath of Repairing and habitat adjacent to Soquel Creek We expressed our opposition at several commission and city council meetings But at the penultimate council meeting where more than 70 people spoke in opposition to the development We lost with Tony being the only soul dissenting council member We then sue the city and developer and initially won our case in local court the developer appealed with the And the city to Superior Court in San Jose as the months dragged on Tony convinced his Council colleagues to drop their support and in the end we won and the judges ordered the developer to pay our legal Cost plus six percent to recognize the public service of our nature of our lawsuit the total financial remuneration to Save the habitat was over a hundred thousand dollars, and we threw a pretty super party with Tony Now the point here is that Tony issued in a new era of higher Integrity on the council and with the city staff Including term limits for council members and serving as an inspiration for council and staff Number two the majority of land Adjacent to Soquel Creek on both sides from Perry Park the freeway is now preserved as a conservation easement forever No development. So thank you for your time and to Tony Thank you for your wisdom Leadership so sorry and most gentle and inspiring demeanor Aloha Thank you. Thank you City of Capitol, thank you for having me. I've been here since a resident since 1969 I own the property right next door to the Shatterbrook restaurant 1800 Warf Road The Shatterbrook has a 500 gallon propane tank. That's neatly hidden away behind their maintenance area You cannot see it From many of their walkways or from the road Just yesterday Robin Woodman the building official went by and she Discovered this and was quite shocked. I'm trying to make it a point to the city at this point I don't want to sue my neighbor I have photos showing that the tank is actually encroaching on my property line and is seven feet from my home structure This is illegal in four separate ways that I've written down I like to see the city implement a rule regulation Adopt some sort of regulation that propane takes very large ones like a 500 gallon propane tank cannot be placed Seven feet from any structure from any home. It's illegal through the state of California But the city itself does not have any rules or regulations regarding this So I would love to see some action taken. I've talked to OSHA Cal OSHA NFPA the fire station down here the fire marshal the county they all pass the buck They say see this person. They see this person. I'm just getting passed around. So Miss mayor and city council Please give me Contact my phone numbers a 314625896. I'm at 1800 Warfrode flattop White House and this propane take is quite shocking you have to be on my property to see it and to Notice how dangerous and we are very threatened by the shadow of tank. They will not take action and Nobody's taking action and I want to do anything I can before I launch a lawsuit. Thank you You members of the public in-house wish to speak Don't think I see any are there anybody online. We do have one speaker with their hand raised on zoom mayor I will allow John to speak John. You'll have three minutes once you unmute yourself Hey guys Bear with me tonight. I'm exhausted. I've been working GMT time One it sounds like Tony was a great guy and I definitely hope we have more counselors like him in the future I'd like to talk about the trail today or the interim trail So it looks like from the planning I've dealt deeply into this I've read all the RTC plans and the related Materials it looks like they're gonna take the easements behind Escalona Drive in order to build that retaining wall Whatever, you know, I mean that's public land. I I get it My concern is Where the interim trail runs through the village? So when you get to the end of park there where park meets Monterey The trail will then just be that little one-foot sliver not even of like drainage ditch Next to the sidewalk going down Monterey Avenue to the village if a big truck comes by you can't even fit a bike there The sidewalk is so narrow there. You can't even fit two strollers by one another. So there's really no way to Take away sidewalk And that's of course our only sidewalk down Monterey that is available for rollers as the elevated sidewalk on the other side of the Street doesn't really work for strollers and stuff Then when you get into the village as far as I can tell the trail is literally the Capitola have sidewalk in the village. I've talked to the RTC They won't say what exactly it is, but they say existing tray are existing bike paths through Capitola There is no bike path Headed I guess that's east on Capitola have there's only the sidewalk and we have two curb bulb outs That will make it impossible to add a Bike lane there even if we removed all the parking which I doubt the coastal commission would let us do anyway So yeah, yeah, I haven't heard any of you guys address these issues I've heard people who are yes on D and people who are no on D bring them up in meetings At some point are we gonna talk about how an interim trail that uses the side of Monterey there and the sidewalks through the village is like Not workable or even in the realm of possibility Thank you Thank you Any other online speakers? We don't have any other people with their hand raised at this time. Okay We will close public comment. We will move on to staff and city council comments staff Do we have any comments? Comments this evening Council I just had a brief one today. I was super fortunate to be a part of our Torch run, so I just wanted to say thank you to the PD for putting that on it was a really fun event and really felt like we bridged gaps between our Staff and our PD and all other types of people. So it was something that I hope to be a part of again So, thank you so much And that's probably what all the noise was that you heard earlier today All right, so then we'll come down to item six, which is consent These consent items will be enacted in one motion in the form listed below So no separate discussion on these we can go ahead with a Motion unless anybody needs to pull anything I'll move to approve the consent items Great, we have a first and a second may we have a roll call, please council member boats Council member Clark I want to remember Peterson. Hi counselor vice mayor Brown and mayor Kaiser. Hi passes unanimously. Thank you Okay, we'll take it to general government So we are going to start right off the bat with 7b 7a has been moved to the end and we have This column here Here with me one minute as I prepare the presentation This is the Grand Avenue pathway FYI Good afternoon, mayor and council members. This item is to discuss the Grand Avenue pathway Next slide, please I'm so a little bit of background on the Grand Avenue pathway This is an image from 1974 when grab Avenue was still a two-way street along up there on D. Bo Hill It's been closed since the 1980s. It originally went between Central and Sacramento Avenue It's currently a pedestrian walkway that only extends two blocks east of Central Avenue to Oakland Avenue Next slide, please So a little bit of history and previous council direction on this item starting in 2005 the council Discussed this item at length and came up with the direction for staff to maintain a minimum pathway of eight feet and to continue to Relocate the pathway within the city's right away until it was no longer usable So as it keeps eroding away keep moving the pathway and lend until we are at the point where we there is no right of way left In 2017 in response to a failure between Oakland and Hollister Avenues We ended up closing that area. There was quite a bit of erosion in that area Also during that discussion there was a formation of an ad hoc depot hill rough group to explore the Alternatives for maintaining the pathway across the whole pathway I mean it took about a year for them to come back with options to council They presented several options including Filling the undercut areas of the bluff and construction of our groin or seawall to preserve the pathway at that time No action was taken by council and the closure between Oakland and Hollister that area is still closed Next slide, please So most recently in January 2003. We have left failure between Saxon and Oakland, which is the area. We're speaking about this evening Looking closely at this image You can see some of the chain link fencing that public works is brought up to keep people away from the bluff They're on the bottom right is the debris that most recently fell taking part of the Fencing down with it Next slide, please So here is the entirety of the pathway as you can see the area from central to Saxon is still open and functional the Damage part that's about halfway blocked off with cyclone fencing Is there between Saxon and Oakland and then the remainder of the pathway between Oakland and Hollister remains closed? Next slide It's worth noting that all three of these sections have some encroachments into the city right of way When it was a road in the 70s the city did not take the whole right of way to build the road So the existing pathway is the remaining old roadway There's between four to fourteen feet of city right of way On each of these properties that most of them have filled in with some kind of fencing and or landscaping So the part between a Saxon and Oakland there is circled and yellow But there's also the same condition between Central and Saxon and also some of that same condition between Oakland and Hollister However, those are much less in the right of way because the right of way is continued to a road into the ocean Next slide, please And this is a close-up just in case you can really see it You can see where the parcel lines are there in black and then where some of that landscaping extends into the right of way So in response to this most recent failure the city contracted with Eric Zinn of Pacific Crest Engineering He is the same geologist who completed the previous studies in 2017 So he had a real frame of reference of the current damage and also comparing it to the damage from approximately five years ago Both those of those geologists letters were included in the agenda packet for this evening The primary findings of this most recent letter states that the bluff is in various states a failure between Saxon Oakland avenues Some of it precariously so at this time The bluff between Oakland and Hollister has continued to retreat as I said earlier this evening And then estimates also the retreat in the next one to six years to be 11 to 19 feet And Mr. Zinn is in the audience this evening if you have any Specific questions for him regarding these reports next slide, please So this is a image that was also included in this report you can see the black line is the current top of bluff And the green line is the projected top of bluff one to six years from now It definitely varies it doesn't quite get to the end of the right of way in the portion that we are talking about tonight between Saxon Oakland We get as far into the property lines on the next block up from Oakland to Hollister Next slide, please so the staff recommendation in the staff report to Mitigate some of the safety issues here is to move our fencing and lens So by doing that we still have an eight to ten foot pathway Which meets the recommendation from council or direction from council in 2005 to maintain an eight foot pathway in the right of way We estimate per the geologist report that this would extend the useful life of the pathway one to six years We would not recommend removing a private encroachments, but it does not rule out us Removing these prior encroach private encroachments at a later date if and when or if the bluff continues to erode Next slide, please Other options would be to pursue removing the encroachments The way public work staff would propose to do this is to move the fencing inland immediately to reopen the pathway And then work with each of the property owners to Abate the encroachments which would frankly take significant staff time and probably considering the workload of public works right now About a year's time to fully abate all of those encroachments It would result into a 12 to 14 foot pathway and would extend the life Likely beyond the one to six years Estimated for the staff recommendation alternative one The other alternative action would be to close the pathway on Saxon Avenue Which would be the city obviously maintenance of this walkway and liability because we would abandon the right of way This would require a coastal development permit which would be appeal of all by public or the coastal commission The coastal commission had provided a letter about five years ago Suggesting or recommending that the city reclaim all of the area in the right of way to maintain this trail Next slide, please So the fiscal impact as you can imagine greatly varies with these three options. So these are just relative fiscal impacts to these options Moving the fence would be a low staff time low capital costs in a moderate one to six year risk For the city of the bluff eroding the part of the fence that we had moved I'm removing encroachments would be a moderate capital cost for the fencing and then restoring it to be a pathway where we Landscaping would be removed. It would be high staff time to mitigate all of these encroachments But we reduce the risk of losing the pathway Then pathway closure would be a low capital cost because we'd no longer be maintaining it moderate staff time to pursue the permit to do so and then the risk would be Low to users because there would be no users of the pathway if we were to close it next slide, please So that is the staff recommendation There is a picture of what it currently looks like up there This meeting was posted both on the pathway and postcards sent to about 350 properties in the vicinity of the walkway of this evening's meeting and I or Mr. Zinn are happy to answer any questions you may have any questions from I just have two questions in regard to kind of the pathway overall We had received and stopped me if this isn't Appropriate on topics. I know we're talking about the specific section and what to do about it But we had received a resident email about an engineering drainage study That was undertaken in the past and I'm just wondering if you can speak to considerations that would help further erosion So I know that this was storm related But looking at an overall big picture Has there been any consideration of the drainage drainage issues that would help prevent further erosion at this area of the bluff So you're correct the erosion that we're mostly speaking of here to storm related though drainage from the neighboring properties and streets Definitely helps exacerbate that erosion There was a drainage study completed in 2008 the estimate for doing that project in 2008 was $800,000. So that's a longer term Consideration not tonight, okay and then I Understand that there's kind of complexities related to what the coastal Commission would allow us to do in terms Especially, I know you mentioned like a coastal development permit if we were to close the path down altogether Which I don't think is a great idea But I'm curious of have we looked into any funding options because this was storm damage related from FEMA or any other grants in terms of kind of preventing any further problems from future storms or repairing the damage that is caused by this storm aside from just what we're looking at in These three options have we looked into any kind of FEMA or any other kind of funding for this pathway? So FEMA will pay to move the fencing They will not pay to armor the bluff side Similarly, there are a coastal conservancy grants that would likely help enhance the walkway In its place, but not likely to armor the Waff so so we could look into some funding to help with this particular Aspect of relocating fencing and whatnot, but not anything in the bigger picture of preventing further storm damage It would be unlikely to be funded. Okay. Well, thank you Go out to public comment for this so anybody in the audience that wishes to comment We will keep it at the three-minute mark If you do decide to speak I'll skip Allen 310 on Cormac Avenue. I've Been walking the pathway for of 48 Years and I've watched the Advancement of the cliff Falling off We won't stop that ever That is just how it works However, the pathway is a valuable public place people Just love to go there the current Of fencing there is obscene. It's seven of feet high and it's a chain link And kids other of a climb around either end of it That has to go please Also, I'm wondering what will happen if the new fence is located eight Eight feet from the Landscaping and then there's another Fall in And the path is narrowed or becomes impassable when When Will the encroachments be Be removed We've already lost Hallister to Oakland because the encroachments weren't removed They were more permanent in structure and it was Expensive but I would ask that the council Take seriously at the encroachments When can they Be removed because they are in the pathway now And when the pathway fails Their encroachments Will block the pathway. Thank you Thank you Any other members in house wish to speak? Hello, my name is Stan Tednar. I live in the neighborhood And I've been walking my dogs and the neighborhood for quite some time probably 30 years or so It Disturbed me when you guys closed all of stern Oakland because you did not remove the encroachments And that has been closed for what five or six years. Is that correct? And there's been no erosion whatsoever In that area since And the encroachments are considerable. They're anywhere from six to eight feet Some some of the encroachments are 10 feet I applied for revocable easement when I put in landscaping and it states in the easement or the revulsion that I as the property owner Have to remove any landscaping that's there. So staff does not have to do that The property owner is responsible May want to look into that Also Does the coastal mission are they aware? That you're trying to remove our access and that you did in that area I don't think anybody's addressed that And it's concerning to all of us that live up there and the encroachments are and are pretty insane quite a bit and I would really Be bummed if we lost that That pathway and none of those issues for for storm drains or drainage has been addressed at all And part of a big part of the problem between Hollister and Oakland Was drainage off of one of the properties Is what caused that big collapse? So Also in front of the Parker Souths Where it collapsed considerably this year and the fence is gone That's where you the city has put a drain at And it's taken all of that cliff away So That's all I have to say. Thank you Thank you My name is Tom Mater and my daughter is passing out some things for the mayor the councilman I'm here to harshly approve of option one which is essentially To only move 45 feet of the fence Rather than the whole thing if you Look a little if you look back to the picture There's just an area maybe 45 feet wide where there's been The cliff is given way and I'm proposing that the the wooden Fence be brought back as is proposed now to where it is except two more 15-foot sections go up from either side So that just one spot and The thing that struck me is if if you Try and observe the view looking over on the back here of the statement You can't see A significant amount of wildlife much less you can't see any surfing Not even bombura on a big day from if you're back there behind that chain link fence So i'm suggesting just some of the kids moved to act temporarily I'd also echo stands Comment at the previous speaker that this chain link fence is an embarrassing eyesore But to residents to visitors alike and I'd like to see it taken out of there right after the 4th of july gone and quickly Pieces that are left that would be five 15-foot sections Are still retained at the area Three of them go across the 45 foot distance and if you look on the back those are where the red lines are so that we would just fence off that temporarily And still allow public viewing in the other area. I don't have much time left. I want to make a couple other comments uh item number five We I and two other Homeowners up there have erected canvas tarpon chain link Uh, I guess you call it diversion or We're trying to go across the yellow part of the map and what I'm suggesting is done as we get a We get a proposal to try and save the sand up there on the marine terrace And i'm not proposing the city pay for this Only the part on of their own streets saxon and and holster and so forth Those of us who are homeowners there's Two that have already done it based on a meeting back when the thing last failed in Uh 2017 they followed what I had done And it may I have about another minute. I'm so sorry. We do have other speakers waiting for their turn Thank you. Thank you Good, uh, good afternoon tj welch from depot hill just real quick Actually, I'd like to give a minute to tom to finish up But I just want to say a couple things about this really disappointing one We never did followed through with the initial part of the depot hill Bluff erosion and we've left it there and disarray had homeless there for a while So on goes on with esplanade park same thing down there One of our nicest parks in the city the city has never followed through and uh taken care of keeping that park open The area that we're talking about now I would support Uh option one and I think we should be able to get the uh I would hope we'd have to get the state to support us on the coastal bluff Uh to do some arguing there since they want to keep it open Uh, they were pretty adam about public access even on public property if they're on depot hill so I support option one and uh Stan and tom would be happy to give a minute of my time left to So I'm really sorry, but we do have other speakers and we can't cede time to other residents when doing public comment So we'll take the next speaker Anybody else in house wish to speak? Do we have anybody on we do have members of the public who wish to speak? I'll go ahead and start with susan benet susan. You will have three minutes to speak once you unmute yourself Hello, my name is susan gibbs benet And we have property shared property for over a hundred years on depot hill It is um on grand and saxon We um definitely would like to see The chain link fence be removed in a timely manner and we would like to know when that can happen But we'd also like to see interpretive signs put up to talk about the plant life The animal life the sea life and any other um interpretive signs that we can for the public to enjoy the area We'd like to see the wooden fence be Moved back into a nice Position so that everybody could be safe, but also could be Enjoy the beauty of the area and I would like to thank all the council member And everyone for this time. Thank you very much Great. Thank you The next speaker john you'll have three minutes to speak once you unmute yourself Hey guys, uh, i'm a resident of capitol and I live on depot hill So I assume we're not going to take our public land back even though long term that is the That is the solution that will come to pass Uh, I'm more concerned about how we're going to use this path. Uh, when we rebuild it, uh, the coastal commission will never let us Close it so that a dream So central the saxon is only about four to five feet wide at one point There's even a hedge there that makes it about three feet wide in actual progress And then you get sax into oakland right now if we build the fence where the chain link fence is You have most of that area is going to be about eight feet wide The two-way multi-use bike pedestrian trail Recommendation from both the federal government and the state of california is 12 foot recommended You guys might remember this from some of the interim trail hearings Uh and 10 foot minimum So we don't actually meet the minimum for a multi-use bike pedestrian trail between saxon and oakland Uh between central and saxon, we don't actually meet the minimum for a two-way pedestrian trail Uh, that's a six foot minimum to have a two-way pedestrian trail So, uh, I would really love you all to consider just closing that trail to bikes when we fix it There's a lot of hedges. There's a lot of sharp turns on the streets And there's a lot of tourists who go very very fast on their electric bikes It's already been a danger with the width of the trails. It is Some of the locals actually call the section between central and saxon the gauntlet because You never know what you're gonna get there uh So, yeah, I just uh, I think it would be for safety purposes. We're about to have this incredible interim trail There's no reason to keep that Path open to bikes when we know it doesn't meet any of the federal or state standards for safety as far as way Thank you. Thank you That is the last person with their hand raised on zoom So I will take it back to council. Um, we have any All questions or Thank you. Jessica. I know this is a lot to to bring forward and unfortunate that we have to discuss it today because of our storms Um, the first question I have is regarding just safety. We all agree that that That fence is bright and ugly and we all know that Um, but tell me a little bit about the reason it's so large and if there's any safety requirements or reasons behind that maintaining Sure, so we erected the fence initially against that entire section just because we didn't know what was underneath that The whole area was undercut. We really just had no idea what it looked like Um, it took us a minute to get a geologist out there and we did the assessment Um, while I did not go into it in the presentation, there are areas of it that are significantly undercut There are areas that are notched. There are areas that have other issues that it wouldn't Be safe to just only remove the section of fence that fell down Um, so the recommendation from the geologist is to move that whole section of fence back Um, city has no intention of leaving just a cyclone fence up there because I completely agree that it is not very Aesthetically pleasing it would be to move that wooden split rail fence Um, and then obviously replace the portion of the fence that fell into the ocean in the same manner And so we didn't seem numbers behind projects. We just saw kind of expensive More expensive super expensive. That's what I saw up there. Um, has staff thought about a Um, what kind of the longer term plan? So if we move from an option one And then eventually looking into option two and the encroachment Um And because that takes longer and you know, you're very busy with the halftime Um, have you thought about that and what the cost would be for council to move in that direction? Should we with option one and then over some time? I just want to know what the financial Word and sorrow for the city. Sure. So to move the fencing that is covered by FEMA So we would have a reimbursable rate. I think of 6.25 percent of probably less than a hundred thousand dollars I would say that's a very high end moving offense As one of the speakers mentioned the encroachments the removal of the landscaping and any fencing that they have would be on that resident to remove Whatever encroachment they had However, I would assume that most of what would be left is dirt And so any kind of pathway, whether it be asphalt, dg, whatever we would replace that with Would be on the city to reestablish and so it would really depend on the type of materials as to how much that would cost I'm obviously asked for probably the quickest and cheapest, but there is an opportunity here To make it something it's something enhanced. So I recall we prioritized some sort of funding and as a council for our priorities or budgets So last year in the budget we allocated, I think it was $50,000 for some erosion studies Which we are actually using on the cliff drive erosion study Um, I can't think we've also set aside some funding for future infrastructure projects We wanted to see where some bids came in But I can't think of another pot of money which we've allocated which would directly tie into something like this One point I will make is that option one and two Realistically can be done in sequence like they don't We can proceed with option one now. It doesn't preclude us moving forward with option two In fact, we could move forward with option two a year from now if we wanted to start in that direction So I'd say I think it really is good to think about option one It's kind of the first step get the path open get the chain link fence out of there Let's you know restore access And if the council wants to then devote more resources and try to get the encroachments off We can do that whether we started 12 months 24 months 36 Well, I for just Conversations sake I would think that option one would be the best to begin with and then looking at Bringing this back at some point for option two to talk about how much funds we can You know bring forward to it. There were two other comments about federal funding And we we actually went for federal funding for some of the erosion project And we we actually brought FEMA out here already to analyze that and then there was a comment about From a speaker Susan on signage, and I just wanted a comment that I'm working on It with Noah. So just that that that's being addressed Those are just my comments for now. Thank you Yeah, I'd comment. I almost think it would be nice to see it like a 1.5 if we like the city manager said Start with one and work towards number two I think that would be the best way to go I had a question about One of the speakers was talking about the system to um Make the last longer Can you speak on that as an option or you know, is that Something that would be very expensive or or has been considered to extend the life of the path So I know that there are definitely private residences up, especially between Oakland's action where the The path is completely closed that has put up that type of erosion control I will say that the city has not costed that out um Or Export its effectiveness At this time so to short answer to the question is no we have not I would encourage, you know, anyways and also um, we'll be agree with everything the council has said so far, but I would um state that I'd prefer we started looking into option two sooner rather Yeah, I was just gonna say um I agreed that option one is probably the way to go now to get things moving Um, and maybe option two we could look at at mid-year budget Which is what march usually we do that Would that be an appropriate time to look at option two during your mid-year budget Discussions when we start looking at what the money we still have and all that good I just remember brown I think you've worked with me for a long time and you're predicting exactly what I was thinking Yes, that would be that's the next time we start looking at kind of what Our financial situation is where the staff bandwidth is and what kind of projects the council wants to proceed So x February is a great opportunity there So that's like eight months ish from now seven months from now How long is it going to take for us to accomplish option one if we start So when would we start trying to get option one underway if we were to vote for that tonight and how long would that take So femo was out here yesterday actually looking at the fence So it is on their books, which is a good thing once that it's recorded with femo We're allowed to move forward with it. We would need to bid that project And then get a contractor out here I will say that we just finished bidding multiple other Projects that you all approved the funding for Earlier in this meeting. So those are in line ahead of this project, but I would say a fall Would be a time that we could have that fencing moved so So okay, so fall so the bidding process for those who don't Aren't part of government bidding processes, right? It usually takes what a couple weeks for us to even put the bid To ask for people to give us bids, right? And then it needs to be open for 30 days legally And so we're looking at at least two months Until we could even find out what the numbers are that people are bidding to us, correct? So that brings us to At least august ish september. So that is that is fall So that's based on the legal requirements of how we would need to bid this project, correct And since it's a federal project, it's very important to meet all of those For us to be reimbursed. Okay, that makes sense Okay, so then if that were to start, you know september ish fall And then we could go into mid-year budget reviews to consider removing the encroachment But before then the fence would have already been moved back So we would have accomplished number one and we would be heading our option one and we would be heading into option two If that's what the council votes to I don't know talk amongst yourselves I had one thing to add on to that If we could also at maybe at one point Sooner than later remove some of the chain link fence and because of where the slide is Is a lot smaller portion than the whole length of the chain link fence. So if we could at least limit it to a small portion Let's start reminder to members of the public that we're still having council discussion We ask that you maintain decorum in the audience. Thank you They would enhance the view until we get the opportunity to rebuild the entire fence if we could just make a little bit smaller So we can reassess with the geologist about what part is most like Most risk, I will say it is more than just the area of the fence that that failed and the bluff that is Not stable. So it is not just isolated to the part of the fence that is missing But perhaps it is not the whole stretch of fence where we have the cyclone that's saying Yeah, I think that that Is being voiced that that's we kind of need to see some motion Happening just so that it is not What it looks like right now. I don't think anybody's really happy with that. Um, so I Think I am an ingredients of at least getting option one started as soon as possible I know that there are time constraints But along with the encroachments, I think can we Start reaching out to the property owners like ASAP and sort of get that on their radar and make sure that they know that This is probably going to be coming down towards them because I think it's also just You know, it's public property. And so I think that could be addressed to start that process as well for option two Um That's just where I'm thinking it's just to get the ball rolling I was gonna offer one suggestion. I think there's one other option we can look at this summer would be Trying to get maybe because I think it's a six foot cyclone fence right now See whether or not it's higher It's a tall fence But see whether or not there's some sort of temporary fencing option We could do before building the new fence and just just I get it that look is really it's pretty austere So if we could get like a lower end fence over a smaller portion, I think that might help Help the concern about not moving forward with the reconstruction of the fence until fall That's another thing we can look into we have to balance that obviously with the risk, but at the end of the day You know the the long-term fence isn't eight feet tall either so And just because somebody brought it up Bikes are technically allowed on that path or I don't know off the I don't believe there's any restrictions to use on that path Um, okay, so Thank you I just have a quick question Do you need us to approve funding for additional fencing or anything like that in our motion this evening? So that you don't need to come back to us and say counsel do Talking about temporary fencing over the summer. Yeah, I think we can cover that internally with just existing budget Do you need us to be any more specific on outreach regarding the Notifications to Owners property owners as we move into the next phase The city has a process for addressing encartements in the right of way that we would follow Just based off of the motion this evening. I think Being more proactive and Doing it earlier. I would The council would agree if we can get it out earlier than our normal notifications just because we have so many folks here today Okay so I'd like to go ahead and make a motion to Move forward with the option staff recommendation option one Which is to relocate and repair the existing existing fencing Additionally bringing back in our mid-year budget option two We got our staff recommendations option two for analysis and possible approval of That at our budget hearing Sound Okay I'll second that and I just had One question clarification The section between Oakland and Hollister. Is there any possibility of reopening that if the encroachments were claimed? Or is that just too degraded at this point? That has eroded more significantly. We're a part part of there. There is no right of way left. Got it. Thank you Okay We have a motion and a second Council member Brooks. Hi council member Clark. Hi council member Peterson. Hi Vice mayor Brown. Hi and mayor Kaiser. Hi. Thank you. That passes unanimously I'll let the crowd dissipate for a moment Okay, so we will head on to item 7c This will be presented by Chloe This is the memorials Plack memorials installed on capital awarf. Thank you mayor You don't mind. Can I wait just a second go for it? Yes. I just wanted to start it up I down And thank you Our city clerk running through the presentation. Thank you mayor Kaiser and council We'll be speaking about the memorial plaques that are currently on capital awarf And you may recall this issue was brought to your attention earlier this year I'm kind of in conjunction with the storm damage. So a few reminders memorials have been installed on the wharf for decades Currently and before the storm in january 145 plaques are along the railing and 39 are installed on various benches that are on the wharf So after the storm Staff estimates it could be higher, but at least 20 of the plaques have been lost And we're very excited that our wharf resiliency project is starting off this coming fall. So Thank you to our public works director We're making that happen Moving on A little more background as you remember at our meeting on april 27th We discussed three options for the plaques in light of this wharf project the first being Removing the plaques from the railing and different benches and placing them on some sort of artistic structure That would still be located on the wharf secondly Reinstalling all plaques in the same location staff does have Records indicating where everything is photo photos exist. So we could do that and thirdly removing the plaques and sending them or holding on to them for their owners, which We did discuss that with you in april and council requested that we survey the community But most particularly plaque owners to hear what they wanted and to come back to you for more information So that's why i'm here this evening I do want to just say again we we talked about this in april, but the plaques are very special To the people that have purchased them in the past and I do understand that And it is emotional for a lot of people this topic. So I appreciate those in the audience as well So we did a survey It was an online survey was open from may 5th to Yesterday It was promoted in our e-newsletter of three or four issues was posted on social media The link was on our website and an email went out to everyone we had Heard from that. We're asking what are you going to do about the plaques and that we had email accurate information for So it was sent directly to those with a link to that survey We got about 70 responses And 65 of them are people that do in fact have a plaque So we were able to use the survey not only to hear Opinions but collect information From those if they own to plaque to tell us, you know, what is the name and do we have your information? How do we reach out to you etc? so survey results The most important question for this a hearing is We asked The serve the responders. How satisfied would you be with one of those three options? We've discussed so they're in order from left to right So how satisfied would you be with an artistic memorial element? With reinstalling the plaques as they as they are currently or with returning them now the red is dissatisfied, which means no, I don't like it. So You can see for yourselves, but um Generally people were more in favor of Reinstalling the plaques as they are now. I will say there was a slight difference in Those responders who don't have a plaque who don't own one were much less concerned either way frankly and We're more open to having a memorial element. So just keep that in mind, but you can see the results. Thank you. So Tossing out the idea of returning plaques through the mail These are our two options that we're discussing Um So for an artistic element that would be included in our capitol a wharf enhancement project Which you're aware of on the community group is helping the city with that project to beautify the wharf once it is structurally sound and reopened So this would just go into that kind of scope of work Estimating costs of everything would be around 30 000 dollars More details to that would come if it is something that you want us to pursue And council would have approval over what that element is as you will for all the elements No in the capitol wharf enhancement project So second option to reinstall all the plaques along the railing and on benches as they are now That would be included in our capitol a wharf resiliency and public access project That was included in the the bids Or are what we asked people to bid for that project and the estimation there is about 22 000 that includes the installation costs as part of the project and also purchasing Replacement plaques which would would happen under both plans We would replace the plaques that have been lost again We have records of what those were and what the unnames were And then those would be incorporated so With that in mind there are of course Future costs and the time to think about for staff to maintain the plaques We talked about this a little bit more in april, but just remember the wharf is wood And the plaques are bronze and it's not a match made in heaven per se So that's just something to consider and we do recommend if under option two to reinstall think about a time frame perhaps to um Establish over the plaques once once they're put back How long do you want staff to be guaranteed? Maintaining those plaques because this is would be a slight precedent to just next You know if and when there were more damage to the wharf that we would just kind of do this over and over again That makes sense. So that all being said I'm here for questions the recommendation. I think is just please tell me Tell staff what which option are you most interested in and I can answer Any questions? Thank you so much Thanks Chloe um, can we submit to um FEMA or insurance the 22,000 jamie Or since it had to do with storm damage and staff time Maybe get well, I think the technical answer is conceivably we could however the issue is that This is a little bit wonky We ended up not taking any FEMA assistance for the wharf because we were just using our insurance coverage So because we had these two different types of assistance we would get both our property insurance and the FEMA money Having both sources of funding at one project. We were afraid was going to kind of mess it up So that had been our goal was just to take the insurance money on the wharf um So we could certainly look if this was an added in component in the wharf whether or not it's still covered I think I think probably actually we actually have it paid for as part of our wharf restoration Basically the story is we have a million dollar policy for wave wash damages and the insurance company is giving us a million dollars They've looked at everything that's happened to us and said, here's your million dollars And so we can look and see if there's the opportunity to try to get FEMA funding It may be more complicated at this stage than And it's really worth ideally it'd be great to figure out a way to tie in These damages and staff time since this is going to be above and beyond you know everything else So your your normal jobs and this is you know, once in a all of our life form damage situation, so I'd like for us to look into that That's just my question for now. I'll take my questions for later In terms of the maintenance agreement Do we have is there anything else in the city that we have any kind of timelines on maintenance on? In terms of things like this, so we're talking about the plaques, but there's also the painted tiles on the seawall I don't know if we know about like the chamber and the bricks that are in the walkway Do you know if there's any kind of agreements with those that we could use as examples as we consider for what the future maintenance agreements might be on our new plaque situation That's a really good question. Yeah, that's that's a great point. I can look into that. I off the top of my head. I don't know About the the tile the painted tiles the um The one situation where I know we do have a naming agreement is in the capitol library And with that we actually entered into agreements with the capitol branch library and with some of the major donors about exactly How long their donation was going to be? Up on the wall at the capitol library, and then I think it was 25 or 30 years of my recollection That was just the major donors right not like about my brick. Yeah, I was gonna say what about my brick Yeah, the bricks. No, no the bricks. There was there was there's no specific agreement I'm almost 100 percent sure that in the the Tiles on the esplanade that there's no specific understanding about how long they were gonna be up So I don't think there's anything other than those naming agreements for the major donors in the library And then in addition the room donors we have a separate agreement between the city And the library system that says they get to stay there. I think it's 10 years or the life of the The life of the room whichever shorter. Yeah, I'm thinking for the library It's less likely that the room's just gonna like fall down I was thinking more things that are like, you know elements sensitive to the elements that we might have agreements to Or agreements for like the bricks Okay, yeah, that was my only question the only point I would make is in the library they do They libraries are big public buildings and they can reconfigure and remodel the rooms moved around and so It does become an issue relatively sooner than you think not because of weathering But because of simply like the building needs to be updated Sooner than you might think I guess I think my question was what is the idea Moving forward for having sort of this not expiration date, but like some type of cap. I didn't know if we'd looked into specific options For that yet, or is that something Maybe we will think about right now So my understanding would be from your direction if you had kind of timing in mind We would take that and then look and we can certainly look for examples as Icemare Brown recommended as well. Okay, and then when reinstalling, I know that there was This program we're not reopening this to anything. Okay, so we're just talking about what Was lost in the storm. Okay, currently the location is full Yes, so that would still be the key Okay And that's just because of whatever parameters were put on the program When yes, I Because it was such a popular spot The locations that were available along the railing and the amount of benches They're they're used. They're used basically without sounding insensitive Okay, so we'll go out to public comment. Um, I'm sure there's quite a few people that like to speak so we will stick To our few minutes here. Um, so if anybody here would like to come up Scary. Hi, my name is Caroline Houghland and I've lived in Capitola since 1995 My husband and I had a bench with two plaques One that represented his family and one that represented my family My bench is gone I know that because I hired a drone to go out and take pictures of all the existing benches For me My mother's buried in michigan. My father's buried in napa and my sister's buried in coma I can visit all three in one spot at one time My husband's parents um Are both buried in ohio That hit their children's names my husband my his Sister and two brothers were named on that plaque Your loving children On that plaque three of those people have already been passed away one of which was my husband's That bench with his name on it and that plaque Would mean the world to me to go sit there Um, and I know the plaques and benches mean the world to everyone who put one there I'm also here because my friend who I've known since I was 12 years old also established A bench hers is still there It had three plaques on it one of which was her son who passed away at 19 um, she spent I have pictures she spent his 30th birthday at that bench And I don't know how many places a mother who's lost a child could go and smile The pictures I have of her at that bench where her son's plaque is She's smiling so it is a very emotional thing um The only other thing I'd like to say is that um The benches sit in front of plaques that are on railings So I benefit from my bench And someone else benefits from my bench they can sit and look at their plaque on the railing um There's the Santa Cruz Wharf and what was the here in Aftos This isn't the wharf at Capitola. This is capitolus wharf the people who put their benches there Is because they love someone and because they love the capitol enough for that to be the place They wanted their level ones remember Thank you Thank you Any other speakers here? My name is Linda Davis. Um, I live in capitol and My grandmother's plaque was on part of the wharf that was lost um She lived here in capitol with my mom and myself and I can't tell you how many times we went out there um her birthday and mine are three days apart their wedding anniversary and we would sit on a bench and we would look at my grandmother's plaque and She loved the ocean so much and it was the perfect place to honor her and what she gave us So I very much vote for option two to replace the plaques on the wharf. Thank you Thank you Anybody else in house would like to come up? I'm not seeing any here We go online We do have three speakers with their hands raised the first will be lisa murphy lisa You'll have three minutes once you unmute yourself Good evening mayor. Good evening council. My name is lisa murphy. I'm the former administrator services director for the city of capitol And I'm also the the author of this program in its original form I spent many years administering this program and I understand that former speakers Heartfelt desire to return the plaques to the wharf I spent many years with these folks helping them to craft the language that they wanted to see so they could remember their loved one I also have a plaque on the wharf for my father Jim Maxwell who was a a pillar of the community and a former assistant superintendent for the for santa cruz I'm calling in today to support the recommendation for a single memorial design element on the wharf One that could incorporate I would hope The plaques that are still there As well as maybe redesign for the the ones that may have been lost. I think a single element makes much more sense As opposed to having the individual plaques on the railing I also think you might want to consider allowing the public to be Included in the process of the design of the element It's interesting to find how creative this community can be When they come together for something so meaningful to them and to the folks at capitol I also with regards to funding I would Ask that you might consider utilizing the public art funds to pay for this project This may very well qualify In closing I want to thank you for your time and for your consideration of actually Putting the plaques in some way shape or form back up on the the wharf My sincere thanks for that and again, I would like to reiterate my support for a single memorial design That would be inclusive of the plaques. Thank you and have a good evening Thank you The next speaker is dean Sutton dean. You'll have three minutes to speak Thank you my name is dean I've been home in capitol since 83 and I have a I had a plaque for my father and loving memory of gd mike sudden And we had dad's bench that we used for many years and I would strongly strongly request and and hope that you would replace the plaques Uh, if you know if there needs to be a small fee or something to replace it We can talk about that. I'd be willing to Cooperate if you can't afford it If you need to pass the hat or something that'd be all right But it sure is important. You know my family my my mother after my dad died We would we go sit on dad's bench for a long time and and read the paper and look at you know Look at to see it'd be very nice. Please to replace the plaques. Thank you The next speaker is patty patty. You will have three minutes to speak Thank you And uh, really appreciate all your time and sensitivity to us family members My husband here is here with me We have a plaque for our daughter and granddaughter our daughter died in childbirth and it's a very sentimental plaque for us My husband's family also co-owns one of the venetian court units It's been in the family many years and it's a very special place for us Because the plaque on the wall overlooks where the family owned unit is so Um a couple of things we would love You know To support, you know putting the plaques back on the wall Um, it's a very special place for our family to go We also suspect but are not sure That our daughter and granddaughter's plaque was one of the ones That was lost in the storm. It was Approximately in the section that appears to be gone and we're just wondering If there is yet an inventory list, do we know Does the council know which plaques were lost in the storm? It does are my questions. So again, thank you all for your support and sensitivity We'd love to see the plaques reinstalled and we're just wondering and i'll go ahead and you can Remute me after this. I was just curious. Um If it's known which plaques were lost Thank you. We can review questions at the end of comments The next speaker is Steph Christman Steph you will have three minutes to speak Hi there, um, I think it's really clear based on everybody's commentary that the Plaques need to be returned to their original places. These are super sentimental to family members and an amazing place to go to Remember those of ours who passed But I did see um a bullet point under that That option that they would expire and I think If you guys are considering an expiration date on these plaques There should be some considerations put into place for that. Um, if this is the the decision that you take The city of san francisco Reaches out to the Contact that is connected to the plaque A couple years before expiration date even though I think it's pretty cold-blooded to put an expiration date on people's grieving Um, but if there is some kind of an expiration put on these plaques I think there should be some considerations put into place before Um that being an option There are no other speakers with their hands right actually just kidding. There are Sorry Valerie Love it. I noticed you just lowered your hand if you would like to speak you can go ahead and raise it again No, okay. Well in that case there are no other speakers. Just nope. I remind Valerie you have three minutes to speak Thank you. I'm sorry. I'm clearly not very good with technology. Um, I wanted to Thank you city council members for putting out that survey I've really really appreciated it and I spoke before at the last meeting I have two plaques on the wharf one belonged to my mother One to my sister. I also think my plaques are probably lost, but I don't know and if they are and you and I I is very important to me that That they remain where we purchased them. They're They're my mother's It's my mother's grave that she was buried there at sea her celebration of life was in capitol Her plaque is there it marks her resting place and We go there all the time. It's like it's When to me when you offered a memorial plaque program it was like It is like they're cemetery and If there's damage to it if I might I would be happy to help pay for my to replace my mother's plaque, you know But I really hope that you choose to Let people whose loved ones have lived there on those railings and on those benches Remain there. It seems very human to me And and human to not and I'm sorry. I'm getting Emotional but anyway, and I really hope there's not An expiration date and If more things happen and there's storms which hopefully don't happen again for other 20 years We we can we can we can pay for our own plaques to be put back up. It's Certainly worth it to me. I don't know about everybody else, but thank you Thank you for your consideration Thank you We do have one more speaker Joanie s you will have three minutes to speak once you unmute yourself Okay, hello, my husband Dan and I moved to Capitola in 2017 and we love it here And we feel like we've basically been in heaven since we came over here We're over the hill people and waited many many years to save up enough to be able to buy something here Anyways, we love Capitola dearly. This is our dream come true And we love walking on the wharf and seeing all the plaques And this is something that we appreciate and I really think that the wall should be put back as it was as much as possible It's just charming to walk along there and read the plaques and appreciate the love that was made with them We would also appreciate If there's a plan for people to purchase new plaques to help contribute to the Rebuilding of the wharf as a fundraiser possibly to help out those who can't afford To replace the plaques that were lost and so we're hoping that that's something else that could happen that new plaques could be purchased at um By the community and I think that no expiration date Is a good idea. I think that this is something that I'm hoping if we can get a plaque that um It would be there forever for our children grandchildren, whatever to come and visit and say this is where Grampy and grandma are I think that's just a precious thought and it's a unique thing to a beach community And that's something that I know Capitola embraces. So thank you for listening and um, those are our thoughts. Thank you Thank you So we Cannot accept public comment from people who have already spoken. So if you've already commented on this item We cannot accommodate double commentary So as of right now, there are no other new comments Okay, great um coming back. I think I just wanted to clarify on The term expiration date. I I think that um That's not really the direction that we were going. Um, it would be more along the lines of either a catastrophic event or something like that where Um Yes, so certainly was not my intention and I apologize to um Imply that we would yank the plaques off after a certain amount of time. So not not an expiration date. We were recommending Rather after a certain set amount of time if something were to then occur The city isn't guaranteeing everything will be immediately replaced. So that was more along the lines I hope that addresses your question Yes, um just to clarify and then um I think there was a question about whether or not we know the inventory and then along with that have Has there been any discussion about? Funding from the people who wish to keep the plaques So I can answer part of that at least The wharf is inaccessible at this time. So staff is estimating based on You know visuals of where the wharf is is torn into basically what may have been lost in that area It's also possible that when we're removing plaques to rebuild the wharf things made damage We we just don't know so we don't have a list of everything that is missing However, what we do have is um an index and pictures of everything that was on the wharf before the storm In anticipation of this long planned wharf resiliency project So we'll be able to rectify That with what we find on the wharf once it becomes accessible and safe for staff So that I hope that answers the the member of the public's question and regarding funding That was included in the estimation of what the cost would be the city was anticipating buying replacement plaques uh under that option if if there are members with their That would like to repurchase perhaps if that would offset some of the cost and then allow us to sort of look into Um Both sort of options replacing the ones that may have been lost and then also You know if there's other people coming into this that want to be a part of If we do a wall or something like that Maybe a mouthful Or not the direction we're going in Yeah Um, so I think it's a great idea. I'm glad we did the survey. Thank you for doing that to do me Makes sense that folks want their fancy up there Do we need to fix that shall we wait so My I'm I'm certain that our broadcaster is working on it as we speak in the back room to the so-called creeper I I can't sit so I apologize Are we just still on we're still live though. Okay. Um I think it makes sense to replace them. I'm behind replacing them. I understand it to $22,000 cost I would like it would be a dream if we could get it reimbursed that makes the most sense sure um, I think the in terms of exploration if Gosh, if I don't even want I don't I don't want to knock on wood if there's a horrible storm and our wharf goes again Um, I think maybe in terms of exploration or if something happened Then we would contact those that lost them and try to come up with some sort of Split the cost efforts if he mattered if it doesn't get refunded again. I think um, I You know, I believe that folks when they bought them truly believe that They would be there forever. I don't think it's fair to justify the back At you know what people were thinking when they purchased them 50 years ago 30 years ago. So And it's it's unfortunate and I know it's staff time. I know it's a long haul In regards to timeline We are looking at the project being completed in about a year. So if by the end of next year We have those up again. That seems reasonable if the project takes longer. That's just what happens So I'd like to move forward with that now with the wharf committee um That's taking that project or it's taking that on with the mural and or adding more I think that's great I think folks in the community want to buy new ones and they can come up with a process on What that looks like and how many and so forth I believe in the survey some folks said that they rather have it there So maybe giving priority if we can let the committee know that those folks have priority at at no cost to them To replace them there. So in the 60 responses 60 of them 70 70, you know, 10 of them said they want to be on the Wait, I think I did this last time with the wave mural on the wharf, you know, if 10 of them want to be there I would hope that the committee would let them be there And then we would take care of the rest on the benches and the wharf and such and and cover that cost So that's my just starting thoughts. Um, because I'm behind Yeah, I totally agree that it makes sense to replace the plaques But I was thinking that um, given that it was my understanding That in the original agreement The language was that the plaques would be there for the life of the plaque Which to me kind of implies, you know Probably not the plaque itself and I'm not saying for this time, but if we move forward, I think it would make sense to put them back and Under the understanding that the wood is gonna rot the wharf isn't gonna be there for all time Probably not as long as the bronze plaques And that the cost to replace the plaques should be passed on to the individual who Chooses and wants to maintain the plaque rather than the city funds So My two cents. I think it would make sense that if people, you know Care about maintaining them for the next thousand years that it doesn't fall on public funds Yeah, I I agree. I think um Replacing them it sounds like the way to to go at this point And also that if they need to be replaced In the future that it not be with public funds, but I think there also needs to be something within that that They will be replaced if they're paid for but there's also no guarantee that they will be replaced in the same spot In the event that there is another accident like the accident in case there's another Storm like this where the you know parts of the wharf fall into the ocean that we're going to have this this instance again, um, but if we are considering a public art kind of um plaque area for new plaques that if there's space and Someone's plaque falls off again or is destroyed again or the wood it's on is destroyed again And they want to replace it that it can go to the new art piece if there's that makes Yes, I believe so. Thank you So it sounds like to me that we're all looking forward to uh replacing all the plaques And now we're trying to come up with what to do in the event another wave event like we had and and your thought was to To charge the people then at that time to replace them or It makes sense to me. I'm just looking at uh better than putting a cap on it and uh saying that we're going to take them off in 25 years we could say If something happens again in order to get the plaques put up Then the owners of the plaque will have to pay for I mean, I think this is the kind of conversation that staff was suggesting when we were saying Putting some sort of parameters on it just just so that it's really clear You know, and I'm really hoping that no one at this table is going to be dealing with this again When this is our opportunity to deal with it But I think if this is the direction the council is going when I was hearing from a couple council members was the notion that We're going back this time But in the future should the wharf require rebuilding It would have to Repay And I think what we would do then is again don't have a motion yet But if that was ultimately the motion I think the thing to do would be to put that into the policy To get it because otherwise otherwise, I don't know how in the world 20 years Yeah, so really try to make it abundantly clear. So we would be following back up So I think if you're looking for a motion this evening Giving us that direction to come back with a policy that clarifies it figure out to the extent that you can as a group Body what that language would look like I think I would just add though that if we know that our insurance or FEMA or someone's going to cover it So if we can include language in the policy that states We would seek reimbursement if something happened and if we got you know, if we if it was covered because this is Funding issue, right? We're and we don't know the answer if it'll get covered now But it sounds like there's consensus that either way we're moving forward But in the policy to be really specific that we would make sure to To seek reimbursement or to make sure that's included in the reimbursement When we would submit, you know, either the insurance claim or the FEMA I think that's really important. My other point also is that for those who are listening and We'll have them replaced. I think it's important to also acknowledge that they might not be placed in the same spot And I because that might be a challenge. I don't know if we've thought about that but a bench might not be in the same spot or Just be mindful of that. I'm just saying that that might Not happen for everyone. Is that true or can we make that? I'm looking at Jessica because that's probably really hard, right? I mean, yeah We don't have a map of everything. I'm guessing Just to clarify we have a map. We know which plaques were on the wharf But I guess what we're saying is if yours was third down From the entrance it might be the fourth now or something because And it's gonna look different the wharf a little bit. It's gonna bend in certain pieces And so I just want our audience to know that Literally the wharf will look different and so your plaque might not be in the exact same spot. I think that's fair to be honest with us Absolutely, I think the intention is to to mimic what we have but as you've stated like the wharf will be different As a whole so that is our intention But the flexibility that you're you're mentioning is appreciated because I know that is a concern of staff And I would just add that I would I would have recommend not putting any by the back Thank you Okay, one more thought that um, I'm not sure No, yeah, but uh either way I think it would be a good idea to include this, you know Same language or similar language and think about these issues for the potential art piece with plex And now that we know that Something that needs to be thought about Or an accident happens Okay, so all right, uh, I will then make a motion Can we get the was there a slide with like language that I can use? I'm looking on the staff report but so I'll make a motion to direct staff to reinstall all the memorial plaques And to What would it be returned to us with the policy With the language that we provided this evening I'll second that We have a motion and a second. Maybe we have a roll call, please Council member brooks. Council member clark. Hi. Council member peterson. Hi vice mayor brown. Hi and mayor keiser Hi, that passes unanimously Thank you. Okay, so we will move on to 7d Uh, this is the 10 98 38th avenue project, um introduction and the funding request Good evening mayor and council um this evening. I'm going to present 10 98 38th avenue will give you an overview of the project And the funding request so I have a few slides and then I'll introduce you to the midpen team So tonight you'll be hearing from midpen housing. They're a regional non-profit affordable housing developer They've done a lot of different projects throughout our region Including projects in watsonville. They have an office in watsonville locally Live oak. They've done projects santa cruz. They'll get into that in their presentation They're kind of an all-in-one Non-profit and that they'll go through the construction. They'll manage the project And then they'll I'm sorry I got cut out of my slide but um provide Resources for the people living within their developments In midpen purchased this project this march They're planning on they'd like to build a 52 unit multifamily housing development They'll be a hundred percent affordable and this evening. They're requesting $250,000 for pre-development planning costs And this slide shows the available funds that we have that are restricted to housing We were recently awarded our plha funding which comes in from those real estate transactions of 75 dollars every time a real estate transaction happens current um Allowance there is 481 thousand dollars We also have housing successor agency funds of two million approximately two million dollars for a loan that was paid off from castle mobile home estates and then home funds we have over 600,000 due to Multiple loans being paid off in the last few years. So If there is conceptual support for the project staff will come back and make a recommendation on which fund would be most appropriate So with that i'm going to turn this over to The midpen team. I think elissa sarana is going to kick it off and Elissa the floor is yours. Thank you. Good afternoon city council. My name is elissa sarano And i'm representing midpen housing and really excited to talk to you more about our proposal for the site Next slide So midpen housing. We are an affordable non-profit developer We have properties in 11 counties in the greater bay area region So as far up as sonoma county and as far south as monterey county And this would actually be our first project in capitol, which is be really exciting Our mission is to build communities that give residents the opportunity to have safe and long lasting housing From the beginning of a project to the end We really like to focus on our community engagement just to make sure we're bringing the region the best possible property to live at We've recently been ranked number 21 in affordable developers in the country But at the end of the day What's really important to us is creating homes for those who need it and for providing Homes to people of different backgrounds in across cities that desperately need the affordable housing So So this is our team this project would be based out of our watsonville office like katie said Shweta supermanian is our chief real estate development officer Joanna karmann who is here tonight is the director of development That's me elissa sarano and then the project manager for this site is vanessa dippenbach So here's just a quick snapshot of some of our local communities So we have family housing in sokel that property is called the farm that's consisting of 39 units For families another family housing project we have is in aptos called per curse terrace Down in the left hand corner is the moon gate plaza located in the city of selena's and that's an example of one of our permanent supportive housing projects So that's 90 units for individuals with special needs And another population we serve is farm workers. So san andreas on the right hand quarter is Located in watsonville and it's farm worker housing another property. We didn't include here But we are the developer of is vienna star plaza, which is located on 1500 capitol road And that's a partnership with dientes community dental and santa cruz community health so like katie mentioned under Midpen housing corporation. We also have a property management company And they really focus on the day-to-day interactions with the residents and just making sure all as well At the property and making sure their needs are met as well as maintain good relationships with external neighbors in the surrounding area Our operations and maintenance team are the people that Keep our properties looking really beautiful and help sustain the property for the long-term use Next slide please Our resident services department Really tailor specific programs depending on the population that's living at the site So that might look like youth after school help home or kelp for our family properties Or senior activities at our senior properties and our supportive services would come in For more one-on-one case management So overall we can provide a variety of different resources But really tailored to the specific need of that development So that brings us to our site, which like katie mentioned we acquired in march So we will be getting into the site amenities and the surroundings in later slides But just the basics is that it's located on 30th avenue The street parallel is 41st avenue, which is a very A lot a lot of different things going on there Ordering the site is also the rail the future rail trail This aerial shot does show that there's existing structures But those were demolished before we purchased the site. So as you can see in the photo, it's vacant. There's no Operations happening there right now. It's uh, there's just some trees and the rest is vacant So our overall vision for this Site is to have 52 units of 100 affordable housing for families 25 of those units will be set aside for special needs individuals. So that comes out to 13 units And we're defining affordable housing here to serve residents earning 30 to 60 of the area median income And it's based on the current area median income. So that could shift but These are the estimate rendering rent ranges for right now for Ones two's and three bedrooms. So starting at the lower end for extremely low income at 30 percent and moving to the higher Range as we get to 60 percent AMI level And i'm going to pass it to our architect to share really exciting site plan designs Awesome. Thank you, katie. Thank you, elissa council members. Thank you for having us here today We're really excited to share with you more about this project Um, a little bit about our team. We are architects fora Uh, my name is sarah vicarro principal and architect with the firm. I represent our equitable communities Focus i'm joined by jessica gazwick here and then our other two team members yoshi and kyle are likely listening in virtually today Next slide, please Site context Okay, let's see. No, no, that's perfect. Um So as elissa already walked through our site is on the kind of lower west side of town in a part of The town's boundary that is surrounded by county land around us It is an almost two acre site We are currently zoned multifamily residential medium density Within the current zoning we are Going to comply with most of the current zoning requirements. So it is currently zoned for 15 dwelling units per acre and with the state density bonus increase We'll be increasing that up to 26 dwelling units per acre. So on a two acre site, that'll be the 52 units that we've talked about Um Our site design will comply with the building coverage maximums as well as the open common space minimums Um, the current height maximum for the site is 30 feet We are proposing a mixture of two story and three story building So we might need to seek a concession to pop up above that 30 foot height limit to probably serve three stories But it would only be about five extra feet likely Next slide A little bit about the context and character of this 41st avenue west capital area it's Got a lot of wonderful characteristics that we've been admiring and um inspiring our design It's a beautiful blend of commercial and residential all within a walkable and bikeable distance The beach town aesthetic comes through in the architecture and the creative artwork and in the bikers that have adapted their bikes to hold surfboards While many of the residential homes were built in the 70s and the 80s We are seeing a lot of newer developments of 80s being added to sites like often in the rear and often two story As well as some newer more contemporary homes Next slide, please So views around the immediate site Um, we have mobile home. We have three mobile home park communities surrounding our site on the south into the west And then across the rail trail on the northern portion of our site are mostly single family homes ones in two stories And then to the east is the 41st mixed-use commercial residential or commercial mixed-use area Next slide All right next slide. Thank you So mid pen and our team have spent a lot of time developing our project goals And these will be the the the parameters that we used to make design decisions as well as to Measure our success of this project. So first and foremost, we are aiming to provide affordable inclusive family housing that reflects and supports this community We want to ensure programs resources and physical design provide equitable living opportunities for all residents We'd like to focus our investment where it has the most impact on the health and the living standards for our residents And we want to integrate thoughtful multi-use multi-age outdoor spaces to take advantage of the wonderful capitol environment And it's all about the details. We want to feature art outdoor spaces color That all emphasizes and reflect the capitol vibe that is so special Next slide So here's our proposed site design So we are fronting 31st 38th avenue, excuse me on the left It's a rather narrow street frontage and then the site is rather deep. It's about 500 feet in depth So at the street, we are proposing I'm sorry. We're proposing four buildings clustered on outdoor spaces and that's to minimize the the size and scale To better reflect the surrounding residential community The two buildings along the front We're trying to create a strong street facade as well as a corner facade facing the rail trail with really clear Breaks in the buildings to provide entrance for pedestrians and bikes We're clustering most of our common Area spaces the community room offices resident support spaces around That first courtyard that you see that'll have lovely southern exposure be a really bright daylight active Courtyard with outdoor dining spaces gathering spaces for the residents a lot of indoor outdoor connections really vibrant As well as some ping-pong tables shuffleboard to bring a little fun to the courtyard spaces And the rear two buildings cluster around The second courtyard space that will face north to the rail trail And the activities in this space are really centered around children and youth having Safe protected outdoor places to play that are adjacent to some of the commoner spaces So parents have the ability to to see their children as they're doing day to day life things We also have some raised garden beds along the the rail trail corridor there The two rear buildings also create a gateway from the rear parking area. We are Providing most of the parking for the site in the rear setback and that's To to to provide as many parking spaces as possible to serve the residents We'll have a driveway access road along the southern edge of the site And now we'll have some planted buffers As well as just the width of the road to provide a buffer between our buildings and the the mobile home park to the south We are proposing 52 units as we talked about the majority of them will be Two bedrooms and three bedrooms over 50 percent or 50 percent should say and then the rest will be one bedrooms with a couple studios We're providing 67 parking spaces or proposing And that provides us a one-to-one parking ratio for the one bedrooms and studio units and then a 1.5 to one through the larger two and three bedroom units next slide And project amenities so onsite will be providing property management resident services offices and spaces We'll have a large community room with a kitchen that will open up to the outdoor courtyards We'll have two laundry rooms Outdoor police spaces for children and youth as we mentioned as well as dining and gathering spaces to foster community amongst the residents And we do have high resiliency and sustainability goals for the project of an all-electric building with onsite power generation Next slide Thank you so much Sarah So as mentioned by my colleague Alyssa, my name is Joanna Carmen. I'm the director of development for midpens Watsonville office I'm excited to be here today and really looking forward to working with all of you to bring more affordable housing to Capitola, so thank you. So you can see here a preliminary project schedule This is as of now and with this currently proposed project as was just described to you today We expect we would be able to receive our entitlements and local approvals within about a year or so Which would allow us to move forward with starting to apply for the funding required to build this project That would hopefully we would be able to start applying for financing in mid 2024 With the goal of breaking ground at the end of 2025 Next slide, please So in that schedule, you likely noticed multiple financing applications built in That is because affordable housing finance does have multiple layers So I did just want to take a second to kind of break down some of the bigger pieces So the tax credit equity that you see here refers to it's about half of the sources that we bring in to build our housing This comes from the federal low income housing tax credit Which is allocated to the states based on population We mid pen would then go and apply for the low income housing tax credit from the state and as a non-profit affordable housing developer We would we don't have a large tax liability So we sell those tax credits to those that have larger tax liabilities typically banks or other syndicators which bring together a pool of investors They buy those tax credits from us and then we turn around and in return We build a safe high quality affordable housing and maintain it at affordable rents over 55 years So that's sort of the exchange there and then there's the conventional debt is referring to basically our mortgage Unlike on market rate projects our permanent mortgage is a lot smaller of a piece of the pie Because we're restricting rents to affordable levels for extremely low to low income levels in in each county And in this scenario however, you're seeing we are currently projecting that our Partners at the housing authority that we would hopefully be successful in bringing in some project based vouchers And so that allows us to take on a slightly higher debt than if we through the voucher program So that's there and then we do expect to be able to apply for state funding to cover the majority of the remaining amount With local sources providing that final gap source We're currently projecting a total development cost of approximately 46 million dollars This is based on some recent projects that we have in construction right now with an appropriate escalator Um, and this is all as we see it today and likely to change as the current markets and financing environments shift next slide So that just brings us to our more formal request We are respectfully requesting and inviting the city to join us as partners in getting this project started with a pre-development loan of 250,000 This combined with funds already provided by mid pen Will allow us to move into and complete our community engagement process and entitlement approvals We appreciate your time and consideration and we're happy to answer any questions You may have as this meeting continues As mentioned in addition to myself sarah and alissa Vanessa different broad the project manager is also here to answer any questions today. So thank you so much and appreciate your time Thank you I just want to add that we do anticipate that as their project moves forward that they would probably be coming back to us to Looking for additional funds for that gap For local funding as well So our recommendation tonight is to direct staff to prepare a loan agreement to assist pre-development activities The 100 affordable multifamily residential development our future development located at 10 98 38th avenue and with that we i'm available for questions and Mid pen as well. Thank you We have I have one question that you talked about the parking. Was it 62? Is that Currently showing 67 parking spaces I have Really enjoyed seeing what you have done down like a 295 san andreas. It's it's a great place We I worked for the sheriff's office and we used to have a lot of calls there Mid pen went and made a beautiful apartment complex and Changed a lot of things one of the things though. They had even more parking per unit than what we're planning But several people park along san andreas road, which is which is fine. It's a public roadway But with this project being said there's not any off-street parking on 38th avenue So maybe we could look at increasing our parking numbers To help the people who live there wouldn't be fair for them to not have replaced a park Thank you. No other questions. We can go out to public comments Anybody in person that would like to speak Mayor kaiser council members i'm tracy weiss. I am here representing o'neill As a neighbor and part of the business that is adjacent to this project We just wanted to show our support and our presence here this evening as we're following along So I just wanted to say thank you for your consideration and we're here just kind of following along. So thank you That's great. Thank you Anybody else in house? Let's see any do we have anybody online? We don't have any speakers on zoom mayor Okay, great. Well, we can take it back to council for deliberation I'd like to make a motion to Um direct staff to prepare a loan agreement to assist with or pre-development activities for 100 affordable multifamily rental housing Development located on 10 98 38th avenue second Great first and the second They have a roll call, please Council member brooks. Hi council member clark Hi Council member peterson. Hi nice mayor brown. Hi and mayor kaiser Hi, thank you. That passes unanimously So I think we are sort of at our six o'clock mark here. We're going to take a brief recess. We'll adjourn back at six 10 six 612 we're gonna Is that what you just said Oh 20 Cool, let's go at 6 20 then uh, grab us drink a snack stretch your legs use the restroom And we'll be back Welcome back to The regular scheduled city council meeting we are going to pick back up at item 7e Just the levy of capitol village and wharf business improvement area assessments for the fiscal year 23 24 And we have jim here Good evening mayor council as um, this is the annual capitol village and wharf business area improvement area assessments I'm just by way of background. The bia was formed back in june of 2005 with the adoption of rudiments 889 And the bia for those of you unaware of a business-based self-imposed assessment district in which the business is A the assessments within the district for improvements and activities that support revitalize and attract those to those businesses The assessments for fiscal year 23 24 at the same as they have been for the previous two years prior to use they've reduced the hotels and think by 50 percent everybody else by 25 percent in response to the pandemic holding those in Assessing amounts this year as those businesses kind of recover from the storm damage that they suffered in january um, they also Normally with business it's can make a low payments In the form of gifts of gift certificates while they're as with the last two years I'm so on may 25th city council said this evening as the public hearing in this public hearing I just noticed a hundred percent no, you know, all the business owners offering the state law and our way to code require the Prior to the new self-taught to conduct a public hearing And that the bia is an annual plan and budget for council with the agenda packet Times because we have the budget later And as a reminder, there's no fiscal impact the city with all services provided by this year Also in addition to the acceptance of the businesses paying They also receive a personal restricted granted occupancy tax revenue as a result of measure j which approved by votive 2018 In february 19 following that election the city council directed to t-revenues the restricted and local business groups be split evenly in the bia And the chamber so capitol is so kale chamber commerce continued that They've also At the time required that a minimum of 25 percent the restricted t-o-t goes to Village enhancements, which includes holidays and special events And that the restricted t-o-t portion revenue will be separated out in the budget from the assessments which we have been And that the annual report The agenda packet also describes how those Revenues are spent I'm so for fiscal year 2324. We're estimating that they'll receive about 35 000 restricted t-o-t um, you can skip more Basically 31 000 dollars out of a 35 is going to village enhancements holidays and events If only 4 000 going forward on directly spinning so easily break into that threshold of 25 So Council's direction He's his next life Up on the screen now or the amounts for the different businesses. So the assessments are Right by the type of business and the number of employees that you have you can read all of those They're basically the same as they have been for the last two years And so our recommended action this evening is to connect the public hearing Resolution them in this year 2324 up to a village for business business and treatment area assessment Up in the bia With that I'm happy to answer any questions and I also have representatives from the bia Any questions from council? Yeah, all right any members of the public wish to speak on this item Don't see any here. Do you have anybody online? We don't have any speakers with their hands raised mayor Great, we can go back to council for deliberation. I'm pulling it up I was scrolling I'd like to make a motion to This evening to conduct the public hearing and adopt the proposed resolution Leving the fiscal year 2324 capital of village and worth business improvement Area assessments and accepting the bia annual plan and budget A second We have a motion and a second may have a roll call, please council member brooks Council member clark. Hi council member peterson. Hi vice mayor brun and mayor keiser Hi, that passes unanimously, but it will take us to item f Which is the fiscal year 2324 budget and capital improvement program back to jim May 18th um Meeting gave direction for to come back this evening for budget adoption Slide hopefully had the last one remember I suggest to kind of review what we've gone through over the last couple of months the operating budget for this year is imbalanced by design as we utilize Available resources for city council goals However, we are projecting an ending fund balance in june 30th of 2024 of 1.6 million roughly Um, that consists of a hundred thousand dollars set aside for the employee down payment assistance program 954 thousand dollars set aside for future capital projects And 500 thousand dollars as a target fund balance that we never like to go below Again, just under five million dollars going to a general fund resources going to capital improvement projects and city council goals And I'll go quickly through those the jade street community center renovation. We have 1.65 million um paying off the santa cruz county bank loan 725,000 500,000 dollars for pavement management 235 for pd technology upgrades 200,000 for universal design playground and 2,000 dollars for Replacing our existing fleet with electric vehicles We also have 50,000 set aside a program for establishing city council long-term strategic goals 30,000 set aside for lafkas spheres Year of influence study Survey we have we earmarked 25,000 dollars just in case we want to put do any surveying for potential ballot measures at the next election um, all redevelopment committee 25,000 We have 150 set aside for capital improvement projects, which include 50,000 each for water filling stations And then these next two are just kind of seed lead money for these future projects hill and bay pilot project And esplanade park project We also have 250,000 dollars as we go through the All of the projects related to the storm damage as Director con mentioned earlier. We have to pay for about 6.25 of all of those damages We're estimating that to be about 250,000 dollars that would come out of our emergency reserve So we'll be replenishing that as well Again the employee down payment assistance program and future capital projects next slide And then a few of the non-monetary city council goals that we've added into this last version that I had left out in the previous Drought is Adopt the children's bill of rights. I think we're bringing it to lie Bringing climate goals to the city council and that's from our climate action plan Reaching out to the school district for a possible turf project at Monterey park Encouraging local businesses to participate in the california green business certification program Exploring grants for potential maker space at the community center and researching Intergenerational programs next youth with seniors and elders possibly youth Utilizing the early childhood youth program funding. I'm as far as new projects getting funding I kind of touched on these but they're the jade street Universally acceptable accessible playground 200,000 the community center again pavement management and also up there is the capital road rehabilitation Those funds are three different funding sources For recent that have been that are restricted for road projects only not general fund money Next slide I'm at the may 18th meeting city council gave us Some additional direction as far as getting the final budget ready proposed budget ready for adoption and then included allocating 23,000 of ecyp funding for the recreation division For that particular restricted fund and then on the general fund. We have net increases of a little under 25,000 It's actually a decrease in recreation funding of 5,000. It's the 23,000 that we took That we're funding now with ecyp funds, but we added 18,000 for the equity swim program Um, I had to increase the personnel cost. I had some estimates in there as negotiations were going on I was a little bit shy there also increased contract services 30,000 dollars for a total compensation compensation study And we decreased the 9-1-1 jpa contribution by 2900. They adopted their budget I on that estimate and then also those non-monetary City council goals that have now been added into the city manager message I'm at mid-year, which we discussed a little bit earlier We'll be as always evaluating sales tax revenues over the next two quarters Also watching our some of our other key revenue sources the tot cannabis Building permits business license and stuff There is the potential We did the second reading into ordinance for the parking meter rates If that goes through coastal commission as we hope then there is the potential to be increasing parking rep to it mid-year Leave council members that we do have that 1.6 million fund balance and at mid-year we could reconsider We want to hold on to that or Or start programming those Um, so general funds is structurally balanced, but again, it's out of out of balance this year Intentionally, but we are balanced next year for the next three years up until measure of sunsets in december of 20 27 in which at that time we do at this point our estimate our projections show us being Unbalanced our reserves remain at target levels all the way through there on the revenue side sales tax tot continue to perform strong But again as the economy is changing and everything we always keep a little close eye on those things On the expenditure side our services are remaining at pre-pandemic levels So we had ratcheted stuff back, but we brought all that stuff back last year and continue to do that The community grant program. We're still using a combination of general fund and cdbg coronavirus grant funding to fund the community grant program through this year possibly next And the last thing on that oh during the pandemic We had frozen seven positions We've been slowly bringing those back and this budget will return the last one and a half That was frozen and we'll be out of that in a freezing of positions And so our recommended action this evening is to approve the resolution adopting the fiscal year 2023 2024 operating budget and capital improvement program i'm happy to answer any questions Questions Is the 1.6 million is that um the earmark from assembly member attices? So no do we have a timeline on that jamey? So the question is about whether or not we might be able to get a stadium or to assist with the community center I've been in touch with their offices. They've told me that we should really know in the next four weeks four to five weeks Whether or not that's ultimately successful right and then um, we Received a bid on the wharf project that came in under are we seeing that reflected here at all We have not reduced the budget for the wharf because um when you add in what your typical contingencies are for A construction project especially one that's taking place out in the ocean We think that we need to hold on to that budget for right now to allow for any contingencies that come up during the project But if we end under budget then that would definitely come back in and remind me when we can We've already approved obviously the conceptual design, but um, I think one of the elements that I miss I forgot I missed um is about a kiosk and i'm just wondering at what point can we Discuss that I mean now that we know we're under bid, but um in terms of the budget here I need to identify that they or during mid-year in march So I think the next opportunity to talk about the wharf is going to be our next meeting in july um At that point we're going to be talking about the kind of r.r.m. Design enhancement enhancements And so if there's other kind of enhancements or elements we want to talk about adding into the wharf That's the opportunity Thank you. Those are all my questions Oh, we can go out to public comment on this item as well if there's anybody in-house that wishes to speak I don't see any we have anybody online. There are no hands raised on soon mayor. Thank you Okay, we'll come back to council for a deliberation All right, I will go ahead and make a motion to adopt the recommended action adopting a resolution Adopt a resolution adopting the city of capitalist fiscal year 23 24 budget and capital improvement program I'll second Great. We have a motion on a second. Just maybe we have a roll call. Councilor Brooks. Hi councilor Clark. Hi councilor peterson Hi, smear brane. Hi and mayor keiser Hi, thank you passes unanimously. We'll take us to item 7 g which is the fiscal year 23 24 p scheduled Also be presented by jim. Thank you, mayor keiser Okay, I think this is my last one for the evening fiscal year 23 24 fee schedule So by just a little bit of background annually, we review the fee schedule as part of the budget process our current fee schedule was the result of a fee study that was adopted back in november of 2015 and at that time the consultant recommended that we review it each year and potentially do consumer price index increases Most fees have been increased each year by the san francisco bay area annual cpi and which for 23 24, which is calendar year 22 PPI is 5.6 Staff is recommending that we increase fees by 5.6 Our history over the last few years you can see up there That in 2021 as a result of the pandemic We did not increase fees but each year By the san francisco bay area cpi And so We have been every best management practices is to conduct a comprehensive fee schedule every five years We kind of had that on the docket to do in january of 2020 and and everything kind of fell apart so we I'm the brakes on that and we've been holding off doing a fee study and just kind of Getting through the pandemic and all of that This year the budget you just adopted it includes money to Perform a cost of service fee study. So we'll be going through all of those fees I have a rfp ready to go in early july We anticipate being back in front of city council late calendar year 23 or early 2024 And that fee study with the adjustments tentatively going into effect at this time next year The fee study will look at all of the stuff So just because we're doing a fee study doesn't automatically mean fees go up If we look that we've gained efficiencies over time some fees could actually come down So it's really based on what is our level of effort and and our cost for each of the services Next slide please We do have a few proposed fee amendments for this year starting with the police department. We'd like to Do the addition of a firearm dealer license city application fee of a hundred dollars The addition of carrying a concealed weapon permit application fee of a hundred and fifteen dollars both of those are based on the time that it takes PD staff to process those applications And then removal of the animal service fees imposed and collected by santa cruz county And we were going through it this year We realized that were those are fees that are imposed and collected by the county and we're actually the only city that Put in there Decided just it's not really one of our fees We can put a link on our website that links folks back, which is what all the other jurors For the recreation department, we have a few to add which are a drop in and workshop registration fee of ten dollars A july drop in activity fee which is prorated Cost of sessions so if they start after the thing starts that they're it's prorated They're not charged the full amount the addition of a parent's night out of 25 to 31 dollars I think that's resident non resident addition of daily rate program fee 34 42 again resident non resident and then The addition of the art and cultural merchandise fee which is cost plus I'm going to go through these next three here cost plus 50 percent the plein air application fee of 50 dollars and the plein air art exhibition fee of 30 percent Exhibition of which 30 percent is retained by the city 70 percent by the artist. We've actually had these fees in place for a few years They're Couching them as new but Next slide so our recommended recommended action is to conduct the notice public hearing and adopt the resolution adopting the fee schedule for Jim I'm confused why we're bringing this for today, but we're going to go out For the assessment. What was the timeline on that again? For the cost of fee service study. Yeah, I'll be putting issue in rfp Probably in early july that's at least a six month probably longer process So we're doing the fee schedule for 23 24 the cost of fee study is going to be for what the 20 are for the next fiscal year I don't think this would live here, but our gun buyback program Where's that living? Is that living that lives within the no, it's not a fee. It lives within the police department Operational budget their law enforcement operational budget. Okay. Thank you It's brought to my attention that the fee schedule for the bandstand and spun on park Um, the rental for four hours is 240 dollars, but then for the whole day. It's like 800 dollars So I looked back at the original fee study and um, the four hours When I broke down the hourly rate I think what they were thinking at the time was that you could do it for four hours or a whole day would get you 12 Hours so that's why it was basically three times more City council definitely has a discretion to charge less than What that fee study said we just can't go over So if there was an appetite by the council to maybe make that double Which we could definitely make that amendment if you haven't heard some concerns some people would want to try to have events and they say they just can't do the whole Eight hours, so but maybe we could bring it down to reflect four hours and four hours if you do the math that's A lot of less than 800 hours. Yeah, and we could definitely come out to like 492 rather than the 800 So just just to make sure it's clear for the record if we're gonna do that The direction would be to go to basically Twice the four hour rate for the bandstand which is about 240 For a full day bandstand rental because this council member clark is exactly right. It's it's I didn't realize where the math came from But it's three. It's really expensive for a full day on the bandstand It's almost nobody ever does it. They just do the four hour increments and it seems more logical in my mind too Have something that's more like kind of double the four hour rate for the full day And I think when we do the fee study in this coming fiscal year We could also look at maybe having a four hour rate and then each additional hour beyond so that we're not If you either if you go to five hours, you don't have to pay for 12 So that might be a little more user friendly than the way it's structured right now Great, do we have any public comment on this item? I don't see anybody here anybody online There are no hands raised on zoom Great. Thank you. We'll come back to council I make the motion That we approve the fiscal year 2023 24 fee schedule Yeah, I think I'll have to I thought staff was going to be looking into that and then coming back to us or should we include that now I my recommendation and you can correct me is to revise the Make the whole day the double the four hour rate and then we'll come back with a better rate Right in my motion. I would like to include that I'll second that Great, we have a motion. Oh, um, do you think we should do like hourly though instead? Is there I mean there's chunks of it after the four hours So at minimum is four hours, but if like the hula folks or the wanted to rent it for like an hour or two I'm just wondering How often or was there some thought or policy behind that? so I don't actually have Not to do a bandstand sort of deep dive But we actually have an open playtime at the bandstand on sunday mornings, which is when hula and Thank you ukuleles are out there playing So anyone can go there no amplified music no dramas other than that the bandstand is open for play So they're not needing to reserve it or pay for it The people that you're seeing then the bandstand reservation fee is really about people that are setting up bands setting up amplified music using it for those purposes So in general, it's mostly the festivals the bia gets it sometimes But those are the folks you usually who pay for the bandstand rentals Yeah, my suggestion is is go with a four hour for because usually a band performance. It's four hours, right? It's you know an hour set up our performance It's been working. I'm fine with it. I just wanted to see if that would just alleviate some of The concerns that council member clerk was suggesting, you know, if there is just makes sense to do It would also be easier like Jim said to go beyond the four hour, you know somewhere between four and eight or 12 hours If we just had a single policy saying it's by the hour That might be the simplest thing to do on the 244 hours. Yeah, whatever that. Yeah divided by four But why why should we I guess like how would that benefit us when it would provide potential flexibility for people to utilize the space? You know, what what's the benefit to the city to have a baseline? So then what is the policy exactly? So what if one person rents it for an hour and then another like who is responsible for manning the Bandstand and regulating whether or not these people are using it for the allotted time Yeah, I do think that that's a really good point is that there's sort of like a baseline level of work involved With running the bandstand in just in terms of getting somebody with their insurance information setting them up like all of those things I haven't seen people want to use it for you know, really short periods of time and Other than one recent example of a tv station I haven't heard of anybody ever complaining about the four hour rental fee, you know Usually for pulling in a sound system. We're pulling in a band 240 bucks for the bandstand is not a big deal I think it'd be great if we can get the I think it goes to the police department if we can get the application at least just to state where it's coming from If it's like at minute, you know to apply for this permit It has to be a minimum of four hours, you know, it based off of the comments you're making I just want to be clear in the in what we're writing so that it correlates to our fee schedule You know that it goes hand in hand not that we have to kind of come up with Why where we can you know like this conversation and watching the minutes back at a different time if this comes up I think I understand so the the form will just say four hour rental 240 all day rental There's no in between Yeah, is that work? Is that Yeah, that there was four or eight now and then What was it next year or staff would come back to us with options for what it might look like for four And then every hour after four So if you want to do five or six, but nothing below four because based on the staff time And like the mayor said then who's going to be enforcing who's going to be down there enforcing like you have this for two hours And your two hours is up and now my two hours starts um So, I mean I think for tonight. I'm happy to move forward with councilmember clark's suggestion of The four hours and then eight hours is double what a four hours cost and then staff can come back to us with additional recommendations for Other alternatives I just want to make sure the application is very Yeah So we do have a motion and a second on the floor you guys ready Thank you. I think we're ready now. May we please have a roll call councilor roakes. Hi councilmember clark. Hi Uh councilor peterson. Hi vice mayor brown and mayor keiser. Hi. Thank you. All self passes unanimously So we'll do a redirection of the agenda here. Um, and we'll move it back up to What would have been seven a the capitol bar and grill entertainment permit appeal um, unfortunately, I need to recuse from this item due to my employment at a neighboring restaurant So i'm going to turn the floor over to our vice mayor christin all right Thank you. We'll give the mayor a moment to exit the dais all right So as mentioned, we are returning to item seven a uh capitol bar and grill entertainment permit appeal The recommended action for this item is to adopt a resolution denying an appeal of the city manager's decision to deny an application For a 2023 regular entertainment permit for capitol bar and grill There's a series of steps in the procedure for tonight's appeal Um, I will turn it now to our city attorney to describe the procedural framework and standard of review for tonight's hearing Thank you vice mayor Good evening I'll just briefly go over the procedure to be used for appeals. This is the procedure That we have used in the past for appeals of decisions that come to the council We've also I'll I'll just note shared this appeal procedure with the appellant So the vice mayor introduced the item I'm now describing the framework after I The council can ask me questions about the framework after I finished this presentation After that chief dally will present will be presenting the staff presentation council will then ask any questions to chief dally The vice mayor will then open the public hearing and invite the appellant to make their presentation The appellant will make their presentation The council may ask questions of the appellant and the appellant may respond And then the vice mayor will invite the public to speak um applicants may speak during their Allotted the applicants um may speak during their allotted time, but not during public comment Public comment is limited to three minutes per speaker or any other amount determined by the vice mayor and there will then be public comments from the public the Mayor or the vice mayor may ask staff to respond to any questions from the public And the appellant may then have an opportunity to respond And the council may ask questions of the appellant after that And then the vice mayor will close the public hearing and turn the return the item to the council for deliberation and action Are there any questions for me? All right council how many questions am I on? No, thank you Questions questions about process. Nope. Okay All right, so we will go now to the staff presentation And I believe that's chief dally. All right the evening Vice mayor and council members. I'm here this evening to uh go over over the capitol of bar and grill entertainment permit appeal next slide so Quick overview Tonight, we're going to talk about the city's entertainment permit requirements. We'll discuss the capitol of bar and grill application We'll talk about the reasons that we denied that application And then the appeal process I know you've you've all had the information in your packet. So just a quick highlight of what this code does so chapter 5.24 essentially governs entertainment permits And it identifies three categories. There's a single use of minor entertainment and then a general entertainment permit each one kind of goes higher It also authorizes city manager or the department head to issue those permits and to set the conditions to ensure the entertainment does not cause disturbances It authorizes the city council or the city manager to add conditions including the date and time of operation In the levels to to further manage those noise limits So the application itself The section 5.24 080 authorizes the city manager to create this applications Part of that is that they're maybe required to submit non-privileged information Reasonably related to the ordinance itself Our current application does Require the information about the business the proposed entertainment that's going to be on the at the business Hours of intended operation And we do request the proper licensing so if they haven't needed abc license And also the fire inspections And then we also require the property owner statement included with the property owner signature The current application that we've been using has been in place since 2018 and is consistent with all the neighboring jurisdictions So a little timeline as far as capitol bar and grill so capitol bar and grill First received or applied for their Initial entertainment permit in october of 2021 It was a minor entertainment permit It was it was issued and valid for about six Well, a little bit more than six weeks It expired on december of 2021 They immediately applied for That the permits are annual annually issued So they immediately applied for a minor entertainment permit Again for the next year Based on the application we did request that the permit be upgraded to a general entertainment permit, which was live music The permit was issued and the summer of that of 2022 We did start receiving complaints about the entertainment at capitol bar and grill And then as we reviewed the uh the packet itself We noticed that the owner statement had not been completed and we did not have the signature so they continued with the entertainment at the end of or Basically at the end of this last year december 22 They then applied for a general entertainment permit We received the application. It did not have the property owner's signature next slide Which is why that we didn't we denied the permit being incomplete This is a copy of the actual the language as far as the property owner's statement We I know you have it all in your packet next slide And then prior to issuing the final decision that we did meet with capitol bar and grill We researched the history of the property owner consent All other permits do have that property owner signature staff also Looked at previous years and we we looked at every year that we had that we had retained and and verify that information Next slide Again as we kind of approached this the end of 2022 we met with not only capitol bar and grill We exchanged emails with both the landlord and capitol bar and grill. We met with them in person. We also Encouraged them to mediate Both with the county and then we all also offered to sit down with everyone After the entertainment did continue into january 2023 we did Issue our final notice of decision basic and denying that application And then we'd receive the the appeal for this hearing of february 21st As far as In their appeal packet they kind of highlighted four four areas So their first appeal point was that the city staff exceeded the authority to have these requirements The Munich code clearly states that the city manager can develop this application The code really is intended to protect Not only the patrons but the the neighboring businesses in the residential areas Part of the reasoning behind the property owners consent is that because that they potentially can have multiple tenants This particular building is that way and then we want to make sure that everyone's kind of working together as a community A appeal point number two The city should not cancel that permit unless there's good reason We did not cancel or revoke the entertainment permit. We continued it the permits that we did issue We allowed them to continue We just denied this application because we did not have the property owners consent on it next The landlord is legally bound by this agreement and to allow entertainment again That's a civil civil thing between the appellant and the landlord And because the city issued the permit twice in the past without the landlord signature that we should reissue that and That's an error on our fat on our our end. We we should have seen that signature and addressed it immediately It did not and so anyways the remedy for that would not to be to grant another permit So that's why we're here tonight And then just in summary So council does grant the city manager or department had to issue those entertainment permits and to develop the application This application has been in place since 2018 and is consistent with all neighboring jurisdictions that do require that property owners consent The entertainment permits are issued by the police department There was an oversight by the pd staff when we Are improperly issued those permits in 21 22 And capitol of barn grill was denied Because it was incomplete due to this property owners consent next Again, the recommendation is just adopt a resolution denying that bill for the city manager's decision Deny an application for the 2023 a regular entertainment permit for capitol of barn grill And i'm open for questions All right, uh council have any questions of staff Questions Okay All right So we are going to open the public hearing and that will begin with a presentation from the appellant. You have up to eight minutes Feel free to come up to the dais Do we have the mic turned on up there or not the dais the podium Good evening everybody I'm michelle strong from capitol barn grill I got some legal things to say to start us off As we said in our original appeal if you decide to hold the appeal and grant capitol of barn grill An entertainment permit for 2023 There are at least two possible legal reasons for doing so The ordinance does not require landlord's consent signature Therefore the landlord's consent request on the form is optional and the lack of it Is not grounds for denial of the permit And as city council you hereby uphold the appeal Reverse the denial and issue the entertainment permit for 2023 Even if the landlord's consent is required as city council you find a matter of fact And of law that the landlord less surrender properties is bound by the lease contract It's signed approving the cbg use of the property Which allows includes and still includes the right to live music Therefore the landlord's consent to the entertainment permit is deemed given and recognized Even without the signature on the form And as the city council you hereby uphold the appeal Reverse the denial and issue an entertainment permit for 2023 The history of the building is ironic in the situation Our landlord steviates was owner of margaritaville for many years That's known for live music DJs night time entertainment When we came into the building we Our business plan says live music I I was transparent. I sent everything over to you guys with the lease Um emails from the broker and the landlord We were transparent this Has not been a successful spot in the last four years. We're the fourth owner, right? So we knew to fill that gap To get the locals back in Is to bring live music in so Not only do I I'm here for our business and fighting for the rights that To run the business the way we were told we could run it I'm also speaking for my staff During the wintertime. That's when I have to cut back I could do it And I could cut labor but that hurts them Between both of our businesses. We have 35 employees that live in santa cruz county So that does affect all of us as a whole We are still currently in arbitration The emergency arbitration didn't feel that The music permit was an emergency situation But they didn't say that it wasn't a valid argument. We're still currently in arbitration I know steve yates is Reputation and you know, he blatantly said there's ramifications if you guys approve our permit But he hasn't proven a loss And we do have a loss He could afford to kick us out of the apartment. We have an apartment and a commercial lease He's evicting us from the apartment. He's saying he's taking it off the market So if he can afford to lose our money because it's not good enough for him He could afford to deal with his son upstairs Who we don't even know if there's a loss yet The most important thing about our music program Was bringing in everybody We do it during the day We're we try to be respectful for our neighbors upstairs and across the hall We in by 7 8 p.m The blanket for the anyone the band down the street was practicing in their garage and They could have music but we can't so It was also Keeping the visitors here so they could shop spend money in the village That's our goal and We're asking again, please move forward to uphold our appeal Reverse the denial and grant our 2023 entertainment permit Ladies and gentlemen, hi, my name is lisa strong. I'm sorry, mr Strong I'll give you your time in just a moment here. You have a couple more minutes I do have to ask, you know in in capitol. We have a long tradition of respecting everyone's point of view And some might not feel as comfortable speaking if there's booing or cheering or clapping And that's something that I am going to speak to you later when we open the public comment But there is a certain level of decorum that we need to maintain within the public meeting So I do ask you to withhold any kind of cheering or clapping At least until the very end of the item Mr. Strong Mr. Strong, please continue my apologies. Thank you. My name is a little south strong A lot of you know me out here I'm a loving person. I know I'm a big guy. I have a big heart too My main concern is, you know I've been hearing things like You guys been Deemed to vote a certain way and my thing is I want you guys to do it for yourself You're not going to lose your job You have a certain Oath to uphold and that's what No one can take from you And I had a meeting not too long ago with the chief and the city manager jamie And they basically said Don't waste your time 500 bucks. Don't come out here. You're going to lose the appeal I'm not going to let somebody sway me Let's do this. Let's see Because I have heart I have belief I came to this city with belief Stevie H doesn't have nothing to lose Because he's got power. He has money I don't My wife doesn't all we have is our business. We have three businesses and we fought for everyone And I'll tell you one thing that Steve does have he has power to sit at the table And mediate with us and make a compromise. That's what this is all about. It's just music guys. It's just music Why are we getting evicted? He claims you have your paperwork. He doesn't know us Why does he hate us so much? Why do we have to leave? This is what we're asking the city to help us You know what's going on You paint the picture. I don't need to say it Let's not let this get that big. Let's not put the city of capitol on the map for something like that It's just ridiculous Let's move past this Issue was our permit You did it already and you admitted that you made a mistake Come on guys Do what your heart says. This is music. Everybody loves music We all come from something that reminds us something With music. Maybe it was a death. Maybe it was a wedding Maybe it was something but I can guarantee you that we have created a lot of memories since we've been here with music Capitol will always be on the map whether we're there or not But you guys got to look past this. This is coming from something evil And I challenge steve h to sit at the table with me Because I'm willing to compromise rather be days hours Anything he refuses Why do you think he does that? Because he does not have anything to lose We have our livelihood So you guys Think about that and think about your individual votes You don't need someone telling you how to run your job Let's make capitol known for the first city to help a minority group Let's not be the city that helped run the city out Don't let steve gates weaponize you guys against us Please Thank you, mr. Strong all right Thank you for your presentation. We will bring it back now to council for any questions of the appellant and appellant responses So we'll start down here councilmember clark. Do you have any questions? I have none. Okay Councilmember brooks questions Councilmember peterson no questions okay um Okay, so i'm going to invite members of the public to comment now and before we line up for that um The applicants have given their presentation and they will have Some some additional time later But public comment is not additional time to bring in the applicants And it's also not a time for back and forth amongst the councilmember in the public This is a time for us to hear from the public. So we won't be answering questions during the public comment period Um, we thank you all for taking your time out this evening to come and participate in this public process Uh, I do want to make a couple points as I had started earlier We do have a tradition as I mentioned of respecting everyone's point of view and their right to express it at our council members And so booing and cheering for those whose opinion we support support or oppose can become intimidating And we want all who want to speak to feel free to speak Uh, I also recognize that everyone in the room may not speak tonight But want to support those who do speak and so in order to maintain a uh environment that fosters inclusion We invite all of you if you support something that is said at the die at the podium Feel free to raise your hand when you hear it and that will signal to us that you are in support of what's being said Um before we get started can everyone in the room who wishes to speak tonight raise your hand Okay Okay What's that? Oh, yeah, how many do we have on zoom or? Okay, all right Um, given the number of speakers We are going to have a two comments on excuse me two minutes for comments on this item In accordance with capitol and municipal code section 2.5 to 0 5 0 Uh, I am asking our city clerk to help us stick to the time limit So to do please limit your comments to the to the two minutes Uh, please be respectful of the clerk if she tells you that your time is over Um, and with that I will open the public comment for members of the public Please feel free to come up to the podium. You can form a line or come up as as you feel comfortable to do so Feel free to state your name if you'd like it in the record What's that? Oh, yeah, okay. Yes, please state your name if you want it in the record And you will see a timer in front of you that'll let you know how much time you have It'll flash yellow when you have a minute. Is that right julia? When you have 30 seconds, it'll flash yellow. It'll go red when your time is up All right, welcome Thank you vice mayor members of the council I'm writing this letter in support of capitol a bar and grill I'm a resident here in capitol it for four years now I'm sorry Now i've recently taken a position bartending at cbg capitol a bar and grill I'm asking for your support to the music program at cbg the music in the village is part of the culture of capitol I've been coming here for over 50 years With my children to vacation and the reason we chose capitol is because of this culture It's one of the primary attractions for locals and for visitors cbg is located right on the corner right on the beach Of the of the esplanade music dancing good food delicious drinks All go together with the esplanade and and the other neighboring businesses that have music This location Has always had music under different ownership I don't understand why it's different now Not to allow the music And I understand all the previous comments and Rationality for some mistakes that were made and so forth Even more so now since the war of houses closed as they were a popular place for music besides music bringing music Fun culture to capitol at large it brings revenue for the city Music at capitol a bar and grill affects the livelihood of all the employees that work there Supporting the music program At capitol and bar and grill We'll support the people that work there for your comments. That's been two minutes The city's revenue and most of all the culture of the bit We're gonna have to ask you to step away. We do have other speakers in line. Please do the right thing And allow the music. Thank you, sir Hi, my name is serena wagner. I'm a local real estate agent and I live here in the village I'm also an employee at capitol a bar and grill I'm also a single mother and with real estate Being difficult this year and all the difficulties we've had and coming out of pandemic a lot of us Need music more than ever And we need the ability to create income in our town I expect as a village resident to hear music. I hear it every night all the time So for anyone to complain about loud music, I think that's what you know Happens here and we move here because of that It was a dream come true of me at mine to move here And um, I just want to also from a real estate perspective. I don't understand How they have the legal use as a commercial property How you have someone could get involved in that legal use? I think that you have liability on your shoulder And I want you to And not end up in a further lawsuit And so I want you to approve this tonight Hi, my name is alexis My name is alexis underwood and I'm a teacher at live up school district And I've been coming I lived in the village in the early 80s And I've been coming to the village because of the music I've been coming to the music to the village for the camaraderie of all the people for all the All the choices that we have of fun of um of Of fun and and Community because I'm a community type of person because I have children that I teach And I've seen them grow up. They work in the village And the music to me is important to bring life and people to the village and Please accept this Thank you Hi, my name is donna banell. I'm emotional right now. I grew up here all my life I was one of the first employees at polar bear ice cream I also was hired by cb8's When margaritaville first opened He came from vell colorado He was a owner of the furriers of vell at any rate And I used to do dinner parties with them A lot of mine is My father copied that music its expression of joy music and dancing Is the expression of joy and ever since capitol of margarile opened up I experienced that and all my friends and we all collaborated And we all wanted to meet there and it was always early music. I'm 63 years old turned 63 june 5th and we Braced them because finally there was another Establishment that had live music of all our favorite bands And it was always early because i'm a senior now so I enjoyed it immensely and getting together with all my friends and family and just Dancing and listening to live music Gave me such great joy plus. I live right up here In capitol and ever since they opened up capitol of bar and grill I finally found a new establishment for early music and all my favorite bands and then when that Atmospheric, you know rivers went through and destroyed all Sam bar and everything else that had the live music They collaborated with all the musicians and had them There for the days or whatever, you know the monday nights with albic saro the wednesdays with Ted welty And just made the magic And i'm just asking you that's been two minutes. Okay. Thank you for listening to me. Thank you Hi, my name is kelly shannon As I was walking up to this building I noticed the diversity flag flying and I had to wonder if it was understood what the stripes represented Especially the brown and black ones I lived near the near downtown santa cruz area But over a year ago I started coming over to capitol because my friends told me what a fantastic new place there was I had often told Family and friends that I didn't need to drive the 20 to 30 minutes That four miles across town to come to capitol Because there was so much to do on my end of town But I started coming to The sol and michelle's place Every week after I first after my first visit. I said it was my new favorite place The amazing people there Um the community the music the the musicians are all people who are from our community Your community What was I gonna say here? There like I said, there's much closer places But for me capitol a bar and grill Impressed me right away The quality drinks the quality food the amazing music And what was most appealing to me, I guess is as somebody else said It started early Ended early. I'm old. I got to get home in bed by nine o'clock Anyhow, it's a wonderful place and back to that flag flying over the building I must ask if there's a reason with sol and michelle or having to deal with animosity other than the music issue How come it wasn't that to begin with? Thank you. Thank you Good evening council. My name is james navarro I'm currently licensed by the state of california as a general building contractor And I'm presently restoring homes in your community That were affected by the storm damage But not only am I familiar just because I'm in the area for 40 years. I've been coming over the hill I live in the area of willow gland of san jose I've always loved capital coming for the last 40 been licensed for the last 20 My employees and I who will freaking player the food is delicious The staff is excellent the owners. I've spoken to them just on a basis of them coming in saying hello They treat everybody with a sense of community What I'd like to speak with it for them today is because I came all the way over the hill Because I think it's important this place Has entertainment that's very controlled like all of us and all of you. We're all pretty much mature ages, right? So I'm saying that's what goes there. Um, I've never seen a problem I've always felt comfortable the music the live band has just Presented an atmosphere that's fun and it's controlled and people act like adults and the elite when they're supposed to I've always left 32 I've actually danced there. So it's a nice place But uh, I just wanted to say I think if you could just keep a focus on what it's doing for the community How it's helped other people how brings people of different cultures together and we're able to share have a great time with the music I guess we have a little bit drinking going to like all of us doing this room Uh, but other than that, I just wanted to say I think it's a positive place Keep it alive in the community. Please keep the music going. Thank you Good evening like uh, james frederickson um You know covet covet shut the place down And I'm sure there was a lot of revenue loss. There was a lot of lives that were irreparably altered Uh, we barely came back from covet And then we had the storms to deal with the entire esplanade was shut down Thankfully the bar and grill survived the storms They were able to open up You know it not long after the storms, but we saw the effect of the storms How the people were affected and why were they affected so greatly by the storms along the esplanade? It's because of the music the music venues. There are already too few music venues In the whole bay area More bands than there are venues More people that want to see those bands Everybody comes here because of the music they can go to restaurants anywhere But the music is what brings people to capitol Everybody else I mean I have to say I am very proud of my friend lasal Because he's not once through this whole process Mentioned race or tried to play a race card, but the bar and grill is being treated with prejudice Other venues In the same city blocks have live music and he doesn't And we're all affected by that Your constituents are affected by that The city council doesn't want to get into a dispute between a landlord and the tenant but by Your actions you have inserted yourselves into that process The form that is filled out to get the permit is an arbitrary form that has been put together by you And the line that where the owner has to sign is also arbitrary I say take take that away. Thank you for your comments. That's been two minutes You know how to finish it don't get You step aside so the next speaker can speak Okay, so I'm my name is patricia timberg. I'm a teacher high school whatever anyway I'm not going to say anything about how much we need the music here in capitol And how much it means to everybody you've heard it already I am really upset and I'll tell you why these people Have a business and there has been music in that spot Practically forever and they are being denied the opportunity to keep their business open and they are receiving eviction notices every single week and I know sal and michelle have made every effort to try to Talk to you guys and to the owner who will not talk to them What is that all about what kind of city is this? and if you want to go down In history as being the first group of people to deny A minority couple business the opportunity to be here then you are Breaking your oath like so many other public officials. We know these days do You're no better And this you need to change and you need to fix Thank you. My name is crazy george Professional cheerleader. I go by george henderson. I lived here for over 50 years I did a game last weekend. So I'm a little hoarse For the san josei earthquakes, but I want to tell you something What you're looking at is a man sal and his wife and they are great business people They have 35 people working for them that need a job and you're going against them For a guy that probably has millions of dollars and you're siding with him and he won't work with anybody Sal will work with you. He wants to do everything he can to put a great show on. He's a great restaurant Restaurant here. He knows entertainment and he knows how to get along with this city He's great and you have to reverse their stupid Rule you just came up with to get rid of 35 people if he folds Decide with somebody that won't work with you or him Thank you Thank you My name is glenn bransford. I'm a local grew up here with my family both played music from santa cruz and We love all events in capitol. I've been here. My great-grandfather lived here and Just want to support the live music that we have here and the culture that we've grown to know and love here in capitol Thank you very much. Thank you My name is don Williams Not only am I professor up at ucse, but I've also been working at cabrera college for the last 15 20 years exact 36 years resident in santa cruz area and I keep my ear to the ground. I put a lot of folks in office Because the model of student that I know I'm also the first president of the local nwcp And I have a I have a son. I call it a son who runs the national chapter nationwide view chapter in wcp Where at any time I call him up he comes And he comes all the time What I'm trying to say is simply this We have a time when we can change and do things right Diversity is at its all-time highs that we need to learn how to embrace each one another we all know that Capitol has a history of not treating people right I got history of knowing that of people who've been arrested who've been accosted by my officials that run the city Some folks are scared to even come here and that needs to change This is the only black operation that I've known since I've been living here I can count five establishments in santa cruz that were black owned Can we do better? Can we change the polarity of how we do in the city? I know we can I believe in you Thank you Hi, my name is duane garner and I used to live in capitol at Plum street in the apartments Back when there was a liquor store on the corner um, I live on the west side of nara cruz now and I played softball with very back in john nevin I played flag football with capitol police officers and I just want the council to Try to come up with some kind of compromise in this situation so we can keep this going um I don't know what that would be I don't know what it is But i'm sure that something that we can do to make this make this work We we all know what's happening and I don't need to go into detail about that, but And you do a temporary permit with some restrictions on it You know Think of something try to do something there's gotta be something. Thank you. Hi. My name is chick goodman I've been uh listening to music in that building since 1972 Uh, I was capitol joe's back then had the only live music in town except for max patio with jimmy jill pierre ahead of piano bar To say that music doesn't belong that building is absurd Other people in the building. Mr. Toots is playing music right now The ordinance does not require the signature of the of the landlord so I mean, what are we doing? Why are you not allowing music somebody mentioned earlier for us old farts We get music from 5 30 to 8 30 That's a time when we come to town when we come to town We go out maybe get a slice of pizza pizza by heart maybe go to the sandbar buy something else You're bringing people from all around For the music now. It's especially important in the winter In the summer sure every place is full. It's a summer resort But in the winter when they have that early music People come to town when they're in town they spend money So your vote today helps all of your businesses down there. It's an entertainment district That one place would not be allowed to have entertainment when virtually every other place on that street has entertainment now That's just doesn't make sense And that's kind of what what I think I look around I go something doesn't make sense here Something is wrong here Something is really wrong here If some rich guy who lives in hawaii who's an absentee owner who doesn't show up for the arbitration hearings And he's the one I mean What's that old Rolling stones under my thumb Are you guys under his thumb or are you voting for the people of capitol? pick one Thank you Hi, my name is nancy williams and I've been in this community for Over 30 years and I stand with and in support of capitol of barn grill And I stand with that saying that like my husband said this is a minority owned business People like me don't have a lot of places to go to feel comfortable or a sense of belonging and inclusion And in that space I find that and I think that is crucial and important to include people of diversity I also want to say that it's mentioned that the ordinance does not need the landlord's signature So that should be taken into account since you're looking at Legality if that isn't required then that's something to consider as a priority Also, they've had it for two years without his signature So you already said precedent and it seems as if bringing that up now It's just some excuse to fit into some other person's narrative And so acts that you reconsider that because we stand in support and we stand with capitol of barn grill Thank you. My name is don cambell I don't do public speaking, but there was a point in your presentation. We've kind of glossed over the fact that There's a history of no landlord signing the application So I find it very ironic that Sally Michelle Are being singled out when everyone else is having live music And I know there's probably a few establishments that go about having live music without even applying for a permit So once again, it's It's mind-boggling to me that you've denied them their rights And there's not one person that come up to stand here to say They don't want them to have music. So I hope you'll consider reversing your decision because it makes no sense Thank you. Thank you Any further public comment in person We will go now to public comment on zoom We don't currently have any members of the public on zoom who have their hands raised We have attendees if there's anyone who would like to speak please raise your hand and we can unmute you We'll give it to like 10 seconds Nope, no takers. So in that case we have no further speakers All right With that I will close the public comment section and I'll bring it back to the council and staff I'll start with staff if there's any staff responses to any questions or comments as appropriate being none I think I think there's just one point that deserves clarification And it may have just been something that chief dally went over relatively quickly What staff did when this item got elevated to management? the first question chief asked and I asked was Have we done this before? Have we let people do entertainment since night since 2018 when we had this new application Without the landlord signature Police department did a deep dive pulled up every single file that we had And answers no we interviewed all of our staff who've overseen this program They recounted two stories of literally going around running around the village trying to get the landlords to sign Trying to get the folks to get the landlords to sign these applications So this isn't a situation where this is a standard that wasn't being enforced previously It's always been enforced every other application had it. We had a transition in our staff team during the pandemic And unfortunately it was missed It was a mistake on staff's part I certainly regretful mistake I apologize to the council that we made that But I want everyone to be clear that this isn't singling out One particular owner every other entertainment permit assigned by the property owner authorized by the property owner so I just wanted to make that pinpoint clear because I think it wasn't 100% clear and I heard some different testimony this evening But otherwise, I don't think we have anything else to add and I'm available for questions Okay several speakers Raised issues that they care including the strong the Strong's raised issues that they characterized as legal issues If the council has any questions for me about those i'm happy to respond um any additional questions or comments from council at this point Okay, in that case it goes back to the appellants If you have any additional comments or a rebuttal for anything that was said you have up to four minutes Hey back again, uh, I would like to first rebuttal what city managers said and he made a comment that He ran around to all the owners to get the signature. He was pushing that Haven't done it for us So Where is that running around when it comes to us? Also, I'd like to add that Mr. Yates He isn't here Doesn't care doesn't care about the city. He doesn't even live here But he's weaponized you guys for sure And I think you guys should think really hard about that Um, I want to thank everybody here tonight as well everybody that spoke You guys I know this has been Really our struggle doesn't end today. Like I said, we are on the brim every day of getting eviction notices for The most recent one this week is my satellite My security cameras are in violation of my lease. So he wants to evict me for that This right here is a stack And these are one one two pages this is a stack of eviction notices that I get once per week, um The story always changes my issue is we pay over $200,000 a year towards that building Commercial lease a residential lease. We pay the property taxes portion maintenance on the building So it is alarming that somebody that we give that to for his property has never wanted to meet us Never wanted to compromise with us. We're here today to ask you you do have the ability to make a compromise to make something that ends seven eight um The natural noise ordinance blanket across the county. I believe is 10 p.m. For everybody So technically the neighbor next door can have abandoned his house till 10 p.m. So we're just asking for the same kind of Compromise to be able to do those things once or twice a week whatever the compromise ends my fear is that If this landlord this tenant start setting the presidents of we can complain before 10 p.m A lot of the other neighbors and the other businesses And the landlords are going to start fighting amongst each other now because now we're going before 10 So now that opens up the door for the neighbors of quarkenfork to start complaining to their landlord So we're asking for something to compromise before 10 and I didn't want to forget but uh vice mayor if you could explain as well um What vote we're looking for we don't do this every day. So Everyone keeps asking me do we want an a or yay and I said I don't really know so Again, I appreciate everybody here. It's it's something our livelihood is at stake Not just for the music. This is more than music. He wants us out of the building And every day we're fighting Um, and I'm tired, you know, uh, I just want to run my businesses. That's all I want. This is a dream This is our dream coming true And somebody doesn't even want to acknowledge us Stevie Aitson his son at once said in all the comments that we are not a good fit here well I'm here to stay, you know, I am and now I'm interested now. I want to make change I want to run from mayor Thank you Thank you All right, um, where are we any additional questions of the appellants before we return questions Okay, all right at this point I will close the public hearing and return this item to staff and council for additional Uh discussion deliberation action. Is there any additional comments from staff before this goes to council? okay All right, uh bringing it back to council I started at that end last time i'm going to start at this end this time Council member pierce. Do you have any comments that you would like to make? As we deliberate I can come back to you too if you want, okay deliberation comments, um, you can make an action if you want for the for the sake of discussion and Um, let me just actually let me just clarify real quick because I do want to clarify It was asked the question of what what vote are we looking for will depend on what the motion is So we don't know if some we don't know what the motion is going to be made for the action And then there will be votes amongst the council members of yes or no on whatever that motion happens to be And I'll explain what it what it means once it happens But um So I've always been really transparent and honest with the two of you so my comments today Are status quo and the conversations we've had So although there was staff oversight in the early stages It is clear to me that it was a mistake as mentioned by our chief dally made during a worldwide pandemic Which is unfortunate and i'm sorry for that However, I believe that both parties need to find a resolution amongst themselves through the arbitration process through the court system And I really hope a resolution is found soon Where both parties can find compromise as stated by mr. Strong And I work and I would encourage mr. Yates to do so without prejudice as stated by many This evening and with all the speakers If through the arbitration process an agreement is made in favor of the strongs I would encourage them to resubmit the application process in which I would approve However, in the meantime, I would like to make a motion to move staff recommendation denying an appeal of the city manager's decision To deny an application for a 23 regular entertainment permit for capital of bar and grol I could also just comment on that before I would like to give it a second It is really unfortunate that we're here and uh, I would really like to see the business owner And the property owner come together so they can get to a resolution But I would just second the motion at this time Um, I just have a couple comments and then I'll explain if there's any additional explanation about the motion um I sympathize with the challenges that you've experienced with your landlord And I surely do hope that there is a resolution in which he signs the permit and you're able to come back and get live music In fact, if he signs the permit, you won't be back in front of us. It'll be approved by staff, correct? Yeah Um, and I hope he does I'm a fourth generation musician live music played in venues throughout the county And I know the benefits of performance arts and music and live entertainment and its power for healing and community building As many of you have spoken to today. I don't dispute that Uh, I see your belief and your heart for your business And if that is all I was asked to consider is whether you have the heart whether entertainment has been official whether music has been official This would be a no-brainer Um, you may have some of you may have been here earlier when we were talking about our fee schedules when we were talking about Uh bands on the bandstand and there's many bands entertainers and musicians that can bring joy and create community on that bandstand But as you heard, we're not waving fees for the bandstand because of the benefits that the music on it can bring We want to see the benefit in our community And we also need a certain level of regulation to ensure consistency respect for neighbors and continuity of regulation for everyone In the village and in the business community I don't see this appeal as an issue of whether you deserve to have live music in your establishment But rather as a council member, my role is to determine if city requirements for a permit were met And in this case, they were not by no fault of your own to be quite quite honest Uh, I encourage you to, um, reach out to the conflict resolution center of santa cruz county if they are able to be of service I wish you only the best in the legal challenge Um, the motion that was made was to deny the appeal Deny the appeal, correct? I want I want to make sure I'm saying this, right? It's to adopt the resolution to adopt the resolution which will deny the appeal which means if the council every council If three of the four of the council members vote yes That means your appeal is denied and your entertainment permit will not be issued if three of the four council members vote No Then you're back and we're back to discussion. Yes Okay We have a motion and we have a second. Let's do a roll call vote Council member brooks. Hi council member clark. Hi council member peterson And vice mayor brown. Hi Okay, so motion carries We wish you the best in the legal challenges ahead and we hope to see you back Thank you All right So ladies and gentlemen We'll have order, please Am I was writing during public comment. You are correct Thank you for coming this evening. All right. Well, that brings us to item Eight, which is adjourned This meeting is adjourned