 Call the Capitola City Council meeting to order. Can we have a roll call please? Yes. Council member Bertrand. I don't see, actually, I don't see Jacques on the line, is he? Looks like Jacques is not. Jacques, are you on the line? Yeah, I don't think he's called back in yet. I left my phone upstairs. Okay. I'll just make a note of that. Okay. Council member Bottorf. Here. Thank you. Council member Story. Here. Vice Mayor Brooks. Here. And Mayor Peterson. Here. Please rise and join us for the Pledge of Allegiance. You are muted. You can mute or unmute yourself by pressing star. Sorry, hold on. You are unmuted. I pledge allegiance to the flag of the United States of America. And to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Justice for all. All right. I'm going to lower this just for a second for this monologue. In accordance with the current Shelter in Place order from Santa Cruz County Health Service and Executive Order in 2920 from the Executive Department of the State of California, this council meeting is not physically open to the public. As you can see, we have limited council members and staff physically present in the council chambers during this meeting. The rest of council has called in to participate remotely. As always, this meeting is cable cast live on Charter Communications cable TV channel 8 and is being recorded to be to be rebroadcast on the following Wednesday at 8am and on the Saturday following the first rebroadcast at 1pm on Charter channel 71 and Comcast channel 25. Meetings can also be viewed live from the city's website, cityofcapitola.org. Our technician tonight is Benjamin Thompson. Thank you for being here tonight, Benjamin. Despite being physically close to the public, participation is still possible. Public comment can be emailed to council for their attention during tonight's meeting. Identify the item you wish to comment on in your email subject line. E-mailed comments will be accepted starting now, up until I announce that public comment for that item is closed. Each emailed comment will be read aloud for up to three minutes or displayed on a screen. E-mails received by public comment at ci.capitola.ca.us outside of the comment period outlined will not be included in the record. Lastly, we want to thank you for your patience tonight as we adapt to this different way of conducting council meetings for the safety of everyone involved. We're going to move on to item two, additional materials. Are there any additional materials for tonight's agenda? Yes, there was one email regarding item 7a. Great. Okay. Item three, any additions or deletions to tonight's agenda? Staff has no changes. All right. We're going to move on to item four, public comment. Now is the time for members of the public to address the council on items not on tonight's agenda. That would be via the email that was provided earlier. Are these our public comments? Yes, it looks like we've received one. Is this on an item on? Is this on tonight's agenda? It looks like it's not an item on. So let's just uh read aloud. High City Council, it seems that all grounds maintenance has stopped on the bluff tops on Prospect Street. This is an area heavily used by the citizens of Capitola. The weeds have completely overtaken the landscaping. Not sure if our public works crews have been laid off or reduced during this shelter in place. Is there anything that the community can assist with? Thank you for your feedback. Best Rick and Mel Bento. All right. This is Sam. Could somebody repeat that comment? Yeah, so it was um do you want me to read the whole thing aloud or paraphrase? I don't think they were able to hear it on the phone. Unfortunately, so I will share the screen. I didn't realize it wasn't sharing the screen. Can you see that council member story? Yes, I can see that. Thank you. Great. Was there any additional public comment? No, that was the only one we received. Okay. All right. Seeing no additional public comment, we will move on. Okay, we're going to move on to item five. City Council and staff comments. Does staff have any comments? Not this evening, I don't believe. No comments for staff? No. All right. Council members. Let's start a council member bot or if any comments. I think I need to unmute. I think we need to unmute everyone one second. Okay. We're unmuted now. Council member bot or if any comments. I do. Thank you, Madam Mayor. I have some comments I'd like to make about them ongoing. Obviously, COVID-19 has no doubt impact. There's a lot of background noise. We're going to try to mute everyone else. Just give us one second. You are muted. Can't you just unmute one at a time? It just gives me that note on the other side of more. Doesn't that button say unmute the one right next to it? Yeah, you are. Did I go ahead? Yes. All right. Go ahead. Council member bot or. Okay. COVID-19 has obviously impacted the entire world. I'd just like to make a few comments on some local issues. First, I hope we can all recognize that this is an unprecedented event. Most of us have never lived through anything like this before. I read an article in the Sentinel where a comment was made that we are all in the same boat. The author made a very important distinction. He said, although we may be in the same storm, we are definitely not all in the same boat. Most people have been able to keep working, are still getting paid, and have not got infected. In reality, they have been severely inconvenienced. I place myself in this category. But to others, this has been a devastating event. They, other families have become either infected or died. Some are facing huge financial loss. We need to remember that there are a lot of people who need our assistance, and those of us that are capable should be making an effort to help out. Numerous incidents of this good kind of behavior have already been demonstrated throughout our town and across the nation. It is something for us all to be proud of. Although with tremendous acts of good behavior, there was always a small amount of bad behavior that grabs the spotlight. Similar to the looting scenes we see in hurricane aftermaths, there are always those that go against the tide or find flaws in the system. The constant media turmoil in plain of Monday morning quarterback does us no good. We are all where we are for any number of reasons. The difficult task is how we move forward wisely and safely. I have been following next door and quite frankly the pettiness of most of the threads is disturbing. After this is all over, we will definitely look back and remember those that performed remarkable deeds. We will also look back at those that demonstrated bad behavior. I suggest that before you publicly take a position to criticize the efforts of those doing their best to get us through this, ask yourself, how do you want to be remembered? I find it disturbing that one of our planning commissioners decided to comment on the performance of our police officers as being heavy-handed with regards to COVID-19 guideline enforcement. To that point, I would like to convey my utmost appreciation and support to the members of the Capitol Police Department. We are asking them to do the impossible. Not only they're performing their regular tasks in this unsafe environment, but all the new guidelines restrictions and rules that none of us would have ever dreamed of. Tremendous amounts of people are living in closed quarters. There are heated tempers and there's a constant public outcry of civil rights being stripped away. These police men and women are getting the brunt of the complaints and abuse. Simply put, I want to say give them a break. They are following the orders of so many people and just for this once, can we all try to just get along and go along? In closing, I also want to commend all the health care workers, the doctors, the nurses, the paramedics, the firemen, and of course the grocery store clerks for their tireless efforts to keep us all face. Thank you, Madam Mayor. Thank you. Council Member Bertrand, comments? Oh, hold please. Let me see if we got you muted or unmuted. Did we lose him again? Madam Mayor, I don't see Council Member Bertrand on. Can you hear me now? Oh, there we go. Yep. All right. Yeah. So I just heard the end of what Ed is saying and I think he probably did a fairly good presentation and trying to get people to realize that we're in extraordinary times. But I'd also like to reach out to the public in a positive sense that let's think about ways that we can make Capitola unique and how we come out of this situation. The way we respond, how we perform in terms of our civic duties, reaching out to folks that we live with, reaching out to folks that we use for the services they provide, restaurants, stores, all sorts of other services, we need to realize that we want to make this whole again. Try to think of parts in your life that you could devote to making that happen. The other thing that I think this makes us realize that I'm probably repeating what a lot of people have already said, but I get a chance to say it in public. I think this makes us in a very deep way understand how interdependent we are. Some have essential roles right now, then the situation changes and other people have essential roles. But all of our roles are important in making our society work. So when we think about what we're going to do when this starts unraveling and we start coming out of this issue, try to think of the things that you could do in recognition of the fact that you're part of a whole. And in that sense, you could help make the whole thing come back together again the way we'd like it. Thank you. Thank you. Vice Mayor Brooks, comments? I have none. Thank you. Thank you. Council Member Story? No comments. All right. I just have a couple brief comments. I want to echo what Council Member Bahtour said in thinking our police force, all of our frontline workers, and our residents that are following the shelter in place order with this good behavior. Please, I know that the weather is getting nice and we're all feeling a little bit stir crazy, but please try to stay indoors in your home as much as possible to ensure that we're not having people crowding on the sidewalks or on the beach. I know there has been concern about that. I also want to additionally give thanks to our farmworking community because they're the ones getting the food on the table and then our grocery store employees that are helping get it out the door to our homes. So I want to give a special thanks to those communities that are doing so much to make sure that those of us who are able to shelter in place have food on our tables while we do so. I also have a couple quick questions. So first, I want to ask for a future agenda item. The council had previously, after a recommendation of the Finance Advisory Committee, had made a vote to increase council salary following the next election, and I would like us to revisit that considering that there will inevitably be budget impacts due to the COVID-19 outbreak, so I would like a future agenda item to discuss that. And then I just have a question for our police chief and for our public works director. So our police chief, I've received a couple emails and I've noticed myself that it looks like there may be some shops in the village that are open or at least appear to be open, and I'm wondering if we're still doing patrols to ensure that the businesses that shouldn't be open right now aren't, and if you could speak to that. Thank you. Sure. Good evening, Mayor Peterson, council members and staff. To answer your question on the front side, yeah, we are doing regular patrols. We have a COVID enforcement team that currently works Thursday through Sunday, given where we believe most of the activity is happening. They are assigned specifically to the village in the Espanol area. They're doing regular patrols to gain compliance, to consider enforcement if that's the appropriate approach. With regard to businesses, we've received a good number of complaints, calls for service, and then other complaints I've received a few via email. There are some flag downs in the field. The good news is the majority of those complaints of businesses operating illegally or not essential businesses per the order, they've proven to be negative that we have not found a business operating outside of the current public health order. Good. But we are getting complaints. We respond to each one of them. We're doing proactive patrols to make sure that the businesses that are open and there are a few of them are operating under the order. Great. Thank you so much. You're welcome. Appreciate it. All right. And then a quick question for our public works director. Also just kind of following up from the public comment we received, I was wondering if you could give any a brief update on the activities of the public works department and if we've increased decreased services or anything along those lines. Good evening, Mayor and Council. Yeah, since the shelter in place order went in place, we did decrease the amount of public work staff working at a single time to keep them separated and keep their exposure levels down. So for the last six weeks, we have been operating with a half a crew at times. We realized that that has impacted some areas starting in May. We anticipate returning to a full crew and we should be able to catch up again pretty quickly after that. Great. Thank you. I know you guys are doing great work and absolutely crucial to keep that social distancing so it makes sense to have a smaller crew to keep people not so close together. Thank you so much. Okay. I think that's all for my comments. So we are going to move on to the consent calendar. These are items that will be approved in one motion unless any member of the public or council member wants to remove an item for separate consideration. Let's start with, is there any comments from any members of the public indicating that they want us to take an item for separate consideration? Email? No, no member of the public that wants to. All right, saying none. Is there any council member that would like to remove an item from the consent calendar? Mayor, this is Sam. Yeah. I don't need to remove an item but I wanted to point out there's a typo on the resolution on item 6C. So when it's appropriate, I'll mention it. Do we want to go ahead and quickly just address that? Yeah. On the packet page 58, at the top of the first paragraph it says that recommendation amendments from the Postal Commission staff on November 16, 2020. And I believe that should be November 16, 2018. 2018 or 2019? 2018? Okay. Yeah, we can make that correction. Okay. Great. So we will make that correction. Do we have, so we'll entertain a motion to approve consent calendar with the with the correction made to the resolution? I still move. This is second. Moved by council member Bertrand, seconded by council member Story. Can we do a roll call vote? Absolutely. Council member Bertrand? Aye. Council member Botthorff? Aye. Council member Story? Aye. Vice Mayor Brooks? Aye. And Mayor Peterson? Aye. Motion carries unanimously. Thank you. We're going to move on to general government items. We're going to start with 7A, an update on the COVID-19 emergency declaration. Okay. Mayor and council, I'm just going to take a moment here to pull this up. Okay. So this is an ongoing series of, is the ongoing in our series of updates about the COVID-19 situation here in Capitola. The county shelter in place order as everyone as sure as well aware is in place until May 3rd. We've been hearing more discussions regionally about potentially a new order coming out that in some ways we're not sure how exactly, potentially has some relaxation in it. We do anticipate seeing something hopefully next week that'll help provide guidance for what may, may looks like for us. In addition, on April 8th, this was right about the time of our last meeting. All the beaches and parks in the county were closed. That was obviously quite a, quite a change for our community where recreation is such an important component of everybody, everyone's lives here. And I want to report that we had relatively good compliance. There was nobody in the water, which was sort of remarkable to look out at the surf camps and see nobody out surfing. And the beaches were largely empty. Our police department did a good job. We had a few, a few violations, a few tickets that were written, but not very many. I do want to reiterate that we have ongoing discussions about the beaches and how to deal with crowds on the beaches. And I do think that in the future, when we get to other holiday weekends, we may see future closures and what the shape of those will look like. I think remains to be seen. Today, we had a new order that was issued by the health director requiring facial coverings. The new order takes effect. I think it's either tonight or tomorrow night at midnight and requires facial coverings when used inside in public places in the presence of others. You don't have to wear one if you're working in your own office, but you should be wearing it if you're interacting with others, particularly if social distancing cannot be observed. Facial coverings can be bandanas, neck gaiters, scarves, things like that. It should not be N95 masks. At this point, N95 masks need to be reserved for medical personnel and emergency responders. There's just not enough supply that members of the public should be wearing those in public. If you have young children, age two and under, they should not wear masks. It's not safe for them to do so. And under the age of 12, it's at the parent's discretion whether or not they would wear them. As an update on the situation here locally, we have 114 known cases and there's been 18 hospitalized. That's not everybody who's in the hospital today. That's the total number of the 114. I think about more than half of those I believe have recovered. There's been two deaths in the county. These are the cases over time. And you can see this graphic here showing a pretty obvious flattening of the curve as we were seeing cases rise through the end of March. They've been relatively flat, if not even declining through April. City Attorney Zutler, I know actually we didn't have a chance to touch bases. Did you have anything at a statewide level that you wanted to update the council on? Unfortunately, there's not much. I'm sorry to get back to you, Jamie, but unfortunately, there's not much to update. You said in your presentation that we're waiting for the county to issue the anticipated updated stay in place order. The same is true from the governor's office. I know that some counties are expecting additional restrictions from the governor's office to come down so that we will issue county orders after that. Those did not come. We were expecting the governor's office to issue an updated stay in place order yesterday loosening some restrictions. That did not happen yesterday. The only order that came out yesterday regarded healthcare or loosened restrictions around providing healthcare. So that is not out yet. I think right now everyone is simply holding. I was just looking at the news when you were talking, Jamie, and it looks like the stimulus package just passed and is headed to the president's desk for signature. That's all I've got for now. All right. Thank you. Locally here, I issued an emergency order last week. It was around the skate parks in conversations with the other jurisdictions in the county, particularly Scotts Valley and the county of Santa Cruz and the city of Santa Cruz. We all discussed keeping our skate parks closed for the time being at least. There were numerous social distancing problems and that was an enforcement area, an area where we're having enforcement challenges. So at this point, there is a resolution in your packet today to adopt to confirm the order closing McGregor Park for the near term. We have talked about trying to have monitors out there to see if that could somehow help a situation where people make sure people are complying with the social distancing guidelines. The challenge with that, frankly, is from a liability standpoint there's this particular set of liability rules that govern skate parks and cities immunities around skate parks, the ability for people to sue you if something goes wrong in the skate park. And it changes pretty dramatically if there's a city is monitoring the skate park or if it's unmonitored. So as soon as you get into a monitored skate park situation, the immunities do go away. So there's a challenge there that we're still trying to work through. A summary of the open facilities, the police department does remain open for walk-in visitors, social distancing rules do apply. Our parks are open with the exception of McGregor, as we discussed. Capitola Beach is now open. The play structures do remain closed. City Hall at this point is closed. We are evaluating if in May we may be able to do some sort of opening or a partial opening, maybe to appointments only. The wharf is closed through May 1st for emergency repairs, community center, museum, bandstand. And then in addition, I just want to let the council know that we are going to be closing the cliff drive beach parking spaces, just everything we can to try to reduce crowding on our beaches coming up this weekend. In addition, I worked with the county and we issued a joint press release with all of the cities in the county, all the recreation managers intended really to give the message out that the beaches are not for people to come to from over the hill. So hopefully that helps. If it doesn't, obviously we're going to have to look at more unfortunately more draconian efforts potentially beach closures down the road because at this point in Capitola there's not much more parking we can really close off. I do want to do a short update for the public about the budget situation. As I'm sure everybody can imagine the city of Capitola is heavily dependent on sales and hotel tax. Those two tax revenues make up more than 60% of our overall revenue. As a result, we are definitely as a city feeling the effects of the shelter in place orders and the pandemic. We previously had talked about kind of a range of impacts from this quarter of this fiscal year. This is the April, May, June quarter and at this point we're forecasting about a 2.1 to 2.2 million dollar revenue shortfall and city revenues. When we look at that, we also have been able to freeze some positions and freeze some expenditures and we've been able to probably reduce expenditures by about 600,000 over that same time period and so we will have a pretty significant net impact to our reserves and our fund balance here in the city which will probably be in the order of a negative 1.5 million dollar impact on the overall funding the city has available. Looking ahead to next year, we're projecting at this point about a four million dollar reduction from our planned budget from last year. The planned budget was anticipating about 17 million dollars in revenue. We think that we're going to be looking at a figure closer to 13 million dollars in revenue. In addition, we were already knew we'd had about a 400 to 500,000 dollar hole that we were going to have to deal with during the budget cycle this year so that comes on top of the four million dollar revenue shortfall. So we have a lot of work for us to do as we move forward in the budgeting process. I just wanted to let folks know because I have gotten questions about how the how this crisis is impacting the city's revenue and unfortunately the answer is it's significantly impacting us and it's going to result in some very difficult decisions as we move forward in our budgeting process. So with that it takes us to the recommendation which is just to make the finding that the hazards related to the pandemic continue and then in addition it's to approve a resolution that ratifies the emergency order that closes McGregor Park until the emergency is resolved and with that I'm available for questions. Great, thank you. Council Member Story, any questions? No questions. Council Member, Vice Mayor Brooks, any questions? I just have one question. I'm not sure who could answer this but what steps have been taken to address the folks that come into town for our parking in neighborhood? Is there a plan to address that or to mitigate that? I'm sorry Vice Mayor Brooks, you're a little bit quiet on the monitor. Am I understanding you're asking if there's any actions taken to prevent people from coming into town? So the question I think was about parking in the neighborhoods. Oh parking in the neighborhoods. I thought okay. So the question is with all of our parking spaces closed you know are we driving people to park in the neighborhoods and one of the things we are looking at is whether or not we could start our residential parking permit program early is certainly something we're evaluating. I believe the county is looking at doing that in the Opal Cliffs community. That's one of the things we are looking at potentially. I think yeah. Does that answer your question? Yeah it does. That'd be great if City Manager, if Jamie, you could maybe bring forward for us to look at what Live Oaks parking program looks like so we can explore some of those options for our city. Okay great thank you. Council Member Bertrand, any questions? No questions. Council Member Bautorf? No questions. Thank you Mayor. Great thank you. With that we will bring it to public comment. Is there any public comment on this item that we've received? Apologies this is taking me a little bit of no problem. Looks like no additional public comment on this item. Okay so we're going to go ahead and close public comment and bring it back to council for comment. Council Member Story any comments? No comment. Vice Mayor Brooks comments or discussion? Council Member Bertrand? But no comments on this. And Council Member Bautorf? I have a comment is I'll make a motion to approve staff recommendation. How second that? Council Member Bautorf motion seconded by Council Member Bertrand. Can we get a roll call vote please? Council Member Bertrand? Aye. Council Member Bautorf? Aye. Council Member Story? Aye. Vice Mayor Brooks? Aye. And Mayor Peterson? Aye. Thank you. Thank you motion carries unanimously. We're going to move on to item 7b considering a community survey staff report. All right so first I want to thank we have Gene Bregman who's on this call. Gene is our pollster who has worked for the city and done polling in the past. For those of you who haven't had an opportunity to meet him he's a great resource to answer questions about polling and community sentiment. And so if we have any questions he's here to respond. As Council will recall in March you approved a budget for a contract to do some polling for $14,000 with Gene Bregman and Associates. The really the pandemic situation sort of ramped up very quickly after that and I did not perceive with executing a contract with Gene. I felt like that asking people questions at that point about how they were going to vote in November would probably not yield very useful information. Obviously the situation has changed the situation probably has calmed down a little bit from those crazy days in the middle of March. But obviously the situation is still is different than when we're looking at March 12. We have significant revenue reductions as we discussed in the previous item that are going to be hitting the city in our next budget. The contract that was previously approved was going to be polling two different topics. One was a utility user's tax which we were estimating to generate about $1.2 million in new revenue. The idea was that it would be a relatively short term thing that was going to just bridge us until the mall was done. Sounds like kind of a quaint notion now. Only two meetings ago but that was the plan. And also we were going to pull a measure F extension and look at potentially extending that beyond 2026. So I'm bringing it back to ask the council number one is is do we really want to pull these two? I would question whether measure F at this point given our near term revenue needs is something we would want to pull given the revenue we wouldn't see revenue from until 2026. And if there's other items we might want to pull. So we did a little bit of research into a CFD, Melrose district. It is something that we could do to pay for public services. However, I do believe that it's a two-thirds two requires a two-thirds voter approval. So it does have some challenges in getting it approved. We also could talk a little bit about another sales tax. We do have some headroom on our sales tax. I know a number of other jurisdictions in the county are at the cap. There's a statewide cap and how high you can put your local sales tax. Right now our figure is 9%. The cap is nine and a quarter. Our 9% is comprised of seven and a quarter in statewide. The statewide rate plus our two quarter cent district taxes and then 1.25 in regional district taxes that support the library metro and the RTC. In the past district taxes generated about a million dollars a year. I think it would be foolish though to anticipate that that's what's going to be generating going forward. But that is a 50% measure that in the past voters have tended to support. As I mentioned before in Santa Cruz County, I think Santa Cruz and Watsonville are both a nine and a quarter. And the downside of course is that we are very heavily reliant on sales tax. And this is in some senses just increasing our reliance on sales tax. But it is something that is relatively easy to get passed. We looked at increasing the TOT obviously in the current climate. It didn't seem like something that was worth spending too much more time with. We also looked at potentially forming an assessment district. And it just didn't seem like an appropriate option for us. So at this point our recommendation would be that if we are going to do polling, that we would look at the utility users tax. Maybe we think differently about the term on it. We could consider a local sales tax. I don't know necessarily if the CFD really makes sense at this stage, although we potentially could ask a question or two about it. And so with that, I'm available for questions. And as I mentioned before, Jean Bregman is on the line as well. If anyone has any questions. Great, thank you. So we'll bring it to council for questions. Oh, wait, I'm sorry. Forgive me. The one thing is, I did want to talk a little bit about the timeline. And the timeline is such that to get, we have to make a decision about putting a measure on the ballot before August 7th, which means we would need to make the decision in June or July. So it is a timely decision we need to make now, whether or not we would do polling, because that takes a little bit of time to develop the poll, do the polling, compile the results, and then present them to council where you could consider that information about whether we would want to put something on the ballot. So there is a little bit of a timeline we're up against here. And so I did want to put that out there that this would sort of be the deadline and then the recommendation. So I'm sorry, I jumped the gun. No, no problem. Without any available questions. Great, thank you. Vice Mayor Brooks, questions? Yeah, I just have one. If we were to consider tabling this, postponing the survey, I just don't know, when would the next opportunity be? What's the next timeline opportunity? You know, I would actually ask Jean that question. Is there another general election that we have planned that you know of that's planned for 2020? No, no. I think I have to wait for two years, essentially. I mean, it seems to me from everything that Jamie, you were telling me that with this enormous shortfall that's happening because of the loss of sales tax, particularly in the loss of TOT, it seems to me that we have to wait for two years essentially. I mean, it seems to me particularly in the loss of TOT that you need some money now, whatever you can get as quickly as possible to try to make up some of this. So I think it does make sense to try to do something or at least explore something. And frankly, based on the three possible options that you've been discussing, the only one that seems to me possibly viable is the utility tax because that first of all only takes a 50% plus one margin for victory. The the CFD was two thirds and the sales tax you're not going to get as much because we're just and that's part of the problem is the lack of sales tax revenue. So that just sort of almost exacerbates the situation and we can ask a question of it looks like the utility tax is not viable at all and maybe the sales tax would be and better to get something but nothing but I think that the main thrust to the poll should be towards the utility tax and with a secondary on the sales tax. One of the things that you probably are all aware of is that the March 3rd election was a disaster for tax measures. We have not seen anything like that in a very long time but things so many things losing I mean even school bonds you know 55% almost two thirds of those lost. So it's not it's not a necessarily an electorate that's chomping at the bit to increase or invoke new taxes. On the other hand it's slightly like Capitola where people do recognize that there are needs and will recognize that the shortfalls make sense that it's probably worth at least seeing what we've got and seeing it as a shot at doing something here and we can test different levels of the utility tax as well we can test and I think the 1.2 million is based on a 5% utility tax we could try a 7.5% and a 4% or 3% and see if any of those are any or all are viable. Thank you Jean I have one more question and I appreciate you recognizing the shortfalls in our community I mean we were one of the measures that were not that were not successful so with that Jamie are we prepared financially to campaign for something like this should we want to put something on the ballot we're looking at deficit spending and do we even have the money to push collateral out and really campaign for folks to support this so when we put an item on the ballot the city actually cannot campaign city staff it really needs to be a community a community led campaign so that's it's not something that the city can that I can do so in the past when we've had ballot measures I know council member Botdorf could probably speak from experience largely been the council members have organized a campaign and helped fund the signs and going door to door and things like that so that would be the reality I'm so sorry to interrupt you I guess what I'm saying this is a $14,000 contract to get it on the ballot cost additional revenue doesn't it cost money to get it on the ballot too so putting an item on the ballot when we have a general election is a relatively low cost I want to say it's just a couple grand extra it's like they charge us the marginal extra paper cost to print that on our ballot so if we're already doing an election it's not a huge cost I mean 1000 versus 10,000 do we know roughly what that would be it's a couple thousand dollars is the extra cost to put an item on when we have a general election the overall cost of our general election I want to say it's closer to around 25,000 but that is for the one just to sort of open the door and have our city council election so once you've opened that door adding a tax measure it's not that much okay thank you that's all for my question all right council member Bertrand any questions no questions at this time council member Bacharve no questions thank you council member story yes thank you mayor it's probably a question for Jean how many surveys can we do with our current contract our budget and amount do we do expecting to do 150 to 175 that's what we've been getting in the past I must say I think there's I don't want to promise this but what everybody is reporting these days is it's easier to get people to participate in the surveys than it's been in many years because people are just they're looking for something to do somebody call them and ask them questions about anything right lots of reports like in the various organizations I belong to about that it makes our job a little bit easier but so I don't think that's a problem getting to that same sort of level that we've been getting to and we could survey on the utility tax the sales tax increase and also the measure F extension I don't think that makes any sense at all to measure F extension now because that's not going to give you any money now why would I I could see doing an increase in the sales tax that makes absolute sense just to extend something that's five, six years down the road I don't think voters would even care about that you will right it's not a worthwhile thing under normal circumstances that would be just the final thing to take a look at maybe even if we were doing an increase along with an extension of the measure F plus the new increase the whole thing goes for a longer period you could do something like that but just a plain extension just doesn't seem to me that meets your needs certainly not currently so you would recommend to defer that and another survey and another election closer to the sunset absolutely and the other thing too about what we're talking about for anything that gets put on the ballot this year it's short three, four years tops and it's really so that you can honestly make the case to the voters this is a stop gap because of the strange and awful circumstances of all of our lives these days yes thank you sure you're welcome all right I just have two quick questions would this be in person or phone polls phone never never in person I haven't done it in person phone surveyed about 30 years it's phone and online okay great and you said this would be June is approximately well I think the ideal timing would be probably starting maybe the week after Memorial Day and depending on exactly when we start we might even have the results to present to you on June 11th meeting certainly by June 25th it was delayed a little bit beyond that week after great thank you all right with that we will bring this to public comment did we receive any comments from members of the public on this item okay all right with that we'll bring it back to Council let's see where was I Council Vice Mayor Brooks do you have any additional comments or discussion yeah I most certainly agree with Mr. Bregman about the need and the availability of folks um willing to answer the survey my concern is that we're going to say you know we're not interested in having any additional taxes at this time um the many different things going on right now such as the pandemic and the presidential election coming up all of these other uncertainties so although I feel that we get the reply my thought is to spend $14,000 to hear that nobody's interested in voting yes on this is a pretty substantial cost for us to be making right now I have some concerns about that I wish that the timing were different it definitely made sense to ask our to vote on this but right now it's just not making much sense so those are my comments for right now thank you Council Member Bertrand well no comments okay Council Member Botchorf thank you Mayor I have a little bit of a different opinion I think that right now this I think the citizens of Capitola are very in tune to what our needs are and I think they respond well to that you know Mr. Bregman said that some of the school bonds are very successful and I find that the history is is that bonds that deal specifically with Capitola have really been very successful so we definitely have a shortfall we have a shortfall that was unplanned for I think the finance committee was taking the utility tax as a way to generate you know extra revenue I think that what that title does is it gives us a perfect opportunity you know as Mr. Bregman suggested it could be a short term deal this is a stop cap to get us through it's totally unforeseen shortfall I mean we're talking $4 to $5 million so I think that I'm willing to risk $14,000 to ask the public is this are we asking too much we're going to make a utility tax we're going to try to get back some of the money that is going to come from no other source I really don't have a lot of faith in the state or the federal government reimbursing us any substantial amount so I think that we need to ask the people is this something you're going to help us out with so I feel that the utility tax is definitely a go and I think we need to ask a question the other position I have is that the COVID has been sometimes called I think the president refers to it as the silent killer or the silent deficit in our society and the silent killer in our city is our bluff and I've lived in the town for 12 years I've been fighting for 8 years to try to get the city to take a position to embrace the neighbors to put up some kind of a battle against the coastal commission try to do something to save our bluff because we're going to talk that beach once or twice a week and the crumbling effect and the falling effect is disastrous so when Mr. Bregman is on the phone and he's asking about what people care about what they want to do I think it's important to ask people if they care about saving our bluff we just can't go out there and all of a sudden unilaterals decide we're going to spend millions of dollars to save the bluff I think the intention of the measure F fund is to make a coastal protection fund and what we found out is is that we only did it for 10 years even though it passed overwhelmingly I think we had like 83% it was short-sighted because it was for 10 years because we had no idea what the real cost of replacing the wharf was we have an 18 million dollar wharf repair and we're going to generate out of that about 6 million towards the wharf and with the state maybe enough to pay a third or maybe a half of the repairs that are really necessary it doesn't leave anything for what I was hoping was an ocean protection fund so I'm in this dilemma Mr. Bregman says what good does it do to extend it well for me it's a burden of hands I mean I would extend it in perpetuity I would be creating a million dollar fund that would go at the end of this it would continue forever and it would be earmarked I wouldn't want to say it's specific because then that changes it to a two-thirds item but the nature of this is that this is a fund where Capitola is going to seriously take a look at armoring the bluff and how we're going to do that and so for me I'm willing to spend 14 million dollars 14 thousand dollars to ask those two questions and then whether we decide to do anything with that that's a decision the council will make those questions right now I think we lose a golden opportunity thank you Madam Mayor Council Member Storey additional comments yes thank you I think I wanted to just respond to that and I understand your position but I think that with the budget that we're facing next year that it's incumbent upon us to look at ways to not only cut expenses but also at the same time see if we can increase revenues and I don't think that we should pre-assume how the residents or the voters in Capitola are going to react my experience is that they're generally if you have a good case statement that they always respond positively and so I think that 14 thousand is a reasonable investment to look at increasing our revenues for next year and because it's going to be a significant reduction in services if we don't look at alternative revenues so I would want to focus on increase in sale tax ask about utility tax I'm not particularly in favor of utility taxes but I think we should ask the question and even ask about the CFD and and to see what the level of response to that is you know on the measure extension if we can put that up that's right it doesn't cure our immediate issue maybe we could defer that to a future date but I think that that's also going to be an important measure to bring up to extend that into perpetuity I would be a little leery about trying to add new special district assessments which are going to add significant cost at this time it just doesn't feel to me at the right time to be adding new expenses and new projects to our budget you know in the next foreseeable year after we would recover then we can maybe look at a special district to shore up the block so those are my thoughts thank you thank you did I get through everyone yes so I share the concerns about the timing of the polling but I also hear councilmember who have confidence in their experiences in polling and I truly defer to their experience over my own so just to be clear the $14,000 contract if we wanted to include sales increase of sales tax utility users fee and measure F increase we could pull on all three of those on this one $14,000 contract or do we need to choose one my recollection and Jean feel free to pipe in I don't have the proposal in front of me the cost is by how long the survey takes and so I think we were trying to target a survey with the $14,000 that was about two tax questions I think it was like $16,000 if we go to the next tranche does that sound right Jean? I think something like that I have to look it up but yeah hold on I'm sure I've got it here somewhere but if we did go a little bit longer with 2,000 more that was the question it's only another 1,000 a little bit more a little bit longer polling okay so if we did three questions it would probably be $15,000 if we did two it would probably be $14,000 yeah the question also is how deeply do we do it into a dive if that was on the ballot would you vote for that one the relationship between the two it does get more complicated do you want a UUT and if so do you want it at 5% or 7% okay those were my questions so Vice Mayor Brooks is that you? yeah I just had a couple follow-up questions just let me know when the time for that is yeah go for it so Mr. Bregman what are the so I'm just thinking about the SoCal school district bond that was surveyed twice the results were positive on that and it's failed now twice those are constituents here who voted no on that what are the demographics who are the demographics that you will be surveying during the well what we're surveying is people who are likely to vote in the presidential election okay and you know based on we have from all the voter registration and voting history we know people who vote people who don't vote yeah you're trying to make your best estimate of is somebody likely to actually come out and vote in November and then you decide whether they qualify or not and in this case this general election is going to be a very high turnout I am sure and much higher than what they would have had in March okay and then my second question then so my follow-up to that and maybe Jamie you can help me understand once we get the results and let's say Mr. Bregman surveyed 100 and whatever amount of people what's the threshold of when we say yes this is definitely going on the ballot or no let me answer that Jamie it's not hard and fast kind of thing I mean sometimes you do a poll and you got you know you get 75% say yes then it's not really a question the problem is if it's close one way or the other and then you have to sort of dive into the cross tabs into the demographics of what the results were to try to estimate which way is most likely to go what's the best case scenario worst case scenario what kind of community support you think is going to be out there publicly to support the measure to ramp up the support you know the advantage 50% election so that helps a whole lot but there's no hard and fast rule it comes in 53% it's yes but 52% no it's more of if it's significantly beyond the 50% then there's no question or if it's well below the 50% there's also no question yeah and I guess that's my concern okay that's all I have thank you Mr. Reagan sure all right well we've been through all of the council members we've all made comments so unless there's any additional comments or questions now would be the time to entertain a motion I'm prepared to make a motion councilmember Bosch-Arff go ahead I'd like to make a motion that we enter into an agreement the staff recommendation with Mr. Bregman two questions those two questions are setting up the potential setting up a utility tax and number two about an extension of measure F or some kind of a war protection that's my motion okay we have a motion do we have a second can I ask for a clarification yeah of course on the motion and just I didn't hear in your motion to ask the question of increasing our sales tax rate nine and a quarter so I did not include that I purposely left that off I feel like I've been had my name tied to many tax measures over the past eight years and because of the status of sales tax and the fact how it's going to come back and as Mr. Bregman short term I don't want to place another sales tax I'm not ready to go into the nine and a quarter I believe that we have more strength in the measure F so I just limited to F and the utility tax thank you for that question sure thanks for that clarification okay so we still have a motion on the floor do we hear a second all right with that it sounds like that motion dies for a lack of a second do we have a would that be a substitute motion or just a new motion do we have any other motions I'm willing to make a motion I'll move that we approve the contract for 14,000 to ask two questions one is concerning the utility tax and the second is increasing the sales tax rate from nine to nine and a quarter all second okay a motion by council member story second by council member Bertrand all right is there any other questions or discussion all right hearing none let's do a roll call vote council member Bertrand aye council member Bautorf no council member story vice mayor Brooks no mayor Peterson no okay so that motion does not carry either I'll make another motion okay I make a motion that we enter into a contract with jean bregman for $15,000 to ask three questions one on the utility tax one about a sales tax and one about possible work extension and or work extension thank you by that you mean measure f correct mayor thank you okay so council member Bautorf has made a motion for a $15,000 up to $15,000 contract for three questions that would include the utility users tax the extension of measure f and a tax increase so all three of the potential questions that is the motion on the floor do we have a second just clarification once again sure question the survey question is going to be to raise the sales tax from nine to nine and a quarter is that what included that is correct that is correct Sam okay with that clarification I'll second the motion alright fantastic motion by council member Bautorf second by council member story there's no additional questions can we get a roll call vote council member Bertrand hi council member Bautorf hi council member story hi vice mayor Brooks no okay and mayor Peterson hi motion carries four to one okay we are going to move on to item seven C which is an update on the capitol branch library construction project thank you all very much I want Jamie I will be in touch soon and we can start getting to work thank you sir thank you all alright so let's start with our staff report evening mayor and council tonight we're going to give you one of our periodic updates on the construction of the library sure you all drive by it right growing and seeing some pictures but we'll give you an update on the finances and next slide Jamie as you were construction has been ongoing recently completed work and the biggest one that is the windows were installed originally that we thought we couldn't do that due to the conflict with the high power lines but the window contractor was able to figure out a way to install them from the inside of the building they installed the biggest ones through the small windows and we're able to figure out a way to get it done they haven't been sealed on the outside right now they're keeping the wind out and all that but they're probably not waterproof completely waterproof at this point the existing exterior siding is about 60% complete they're kind of wrapping themselves around on the area fronting warf road they can get about I'm going to say 40% of it on prior to dealing with the power line conflict all the mechanical electrical and plumbing lines are installed the internal sheet rock interior sheet rock is about 70% completed the restroom tiles tiling has been installed and they've begun parking lot grading and site grading on the rest of the site upcoming work is they will get the exterior doors installed which will help with climatizing the interior of the building they will complete that's okay they'll complete as much of the tiling as they can and they will proceed with the site work looking at the construction cost the contract value as of today is $11,690,910 we did issue a change order number 5 $38,163 per the policy that required the city manager's approval that change order was from differing site conditions and some unsuitable soil that they had to deal with in putting in the foundation to date we've made payments of $7.3 million which represents about 65% of the project as far as the contract time is concerned they've had 80 days of rain since they started project which have extended the contract days but the real delay is coming from the conflict with the power lines we haven't addressed that in the contract yet and will be here in the next month or two right now with those anticipated delays regarding the power lines we're projecting opening in the fall of 2020 next slide please thank you regarding the high voltage line conflict in December a decision was made by the council to no longer pursue the under grounding option that we had been pursuing due to the cost of that work staff soon afterwards got together with PG&E management and requested assistance in determining an efficient solution that would allow construction to begin but also allow the building to be built as it was originally designed as you know that's a big part of this is the overhangs of the warf road aren't able to be installed and we cannot work on that side of the building at the upper ends of that building so we wanted to resolve both of those PG&E has actually been responding to this request and they have prepared plans to relocate the high voltage lines that are in conflict this work involves new poles being done and moving the wires out on alley arms PG&E has indicated that this plan will be available in the next few weeks at which time we anticipate we will get an invoice for them to construct these improvements next slide please PG&E will not schedule construction for the project until we have made our payment for the construction cost they indicate that once we make payment there is an 8 to 10 week lead time before construction would begin right now these are estimates that the project manager and myself came up with PG&E has offered no assistance in telling us what these estimates would be but we are estimating now that the cost for this relocating the lines is going to be between 300 and 400,000 dollars because of the 8 to 10 week delay on getting the project the PG&E construction going we are recommending that we try and expedite that payment as quickly as I can and we are going to be requesting in the recommendation that the council authorize the city manager to pay the PG&E invoice up to an amount of 400,000 dollars so I thought I would give you a quick budget update next several slides relate to the budget first we are going to look at revenue the original budget you can see in the first column of numbers we had a $15,150,000 budget since the project was awarded several of these revenues have exceeded what we anticipated at that time most recently Measure S we received interest payments from the library joint powers agreement and we also had some savings in the issuance cost of $260,000 $269,000 so those are additional revenues from Measure S that we can count on the successor agency money the final amount was just unknown when we adopted the budget and that was now a final number at $76,000 City General Fund I think that was just some movement around and $492 came additional with that and then the county library funds had an excess of $13,000 which they have allocated to our project so given all that and we also had interest earnings so given that the additional revenue we currently have about $693,957 available to move forward with the project the circle numbers by way I should have mentioned this earlier numbers that are going to repeat later on in the presentation so kind of remember those numbers if you can next slide please looking at the cost so a couple of sites ago we had a construction cost of $11,690,000 that cost just so you know includes all of the change orders issued which includes value engineering and also the add-ons that we've done since the construction began so that is the current construction cost the current cost of architecture and engineering fees is $1.5 million you can see the other cost come down so our total cost as of today we anticipate is $14,081,000 so if we look at this in summary we had a original budget of $15,150,000 current anticipated expenditures of $14,180,000 or $80,000 giving us a balance left over which is essentially our contingency which is $1,080,000 having trouble reading the numbers so slightly over $1,000,000 just to refresh ourselves we started the project with somewhere between a $650,000 and $700,000 contingency we've taken money out doing value engineering we've put money back in on the change orders we had a significant savings of $300,000 in the furniture budget so that's where we are today we have about a million left over in contingencies against that our project manager has been keeping track of anticipated cost increases that we can see that will be coming to us in the near future and certainly before the project is over for the construction itself it's another $383,000 I think it is of change orders he's also putting in some money because we're going to see delay cost for them from the contractor and the subcontractors due to the delays caused by the conflicts with the power lines these are all estimated costs our project manager feels pretty good about the change orders that are anticipated he's been really good at tracking the cost and anticipating them the delay cost to give you an idea if we hadn't had the wires conflicts with the wires we would probably be nearing construction and the construction right now is scheduled to be done in May maybe with the rain delays and all that we've gotten to June right now we're looking at September, October so those are delays contractors on site for more of the time he's got overhead and all that for that $4,333,000 comes from so if you look at that that gives us a total of $822,000 of anticipated changes so the last third to last line so our net contingency available today from the original budget would be $246,000 if we add to that the additional revenues that the project has received we have slightly over $900,000 in available funds and that's where the $400,000 payment from PG&E will come from and any at this point costs that we haven't anticipated so I think I have a few pictures here I'd like to share so these are that were taken I can't remember March 31st or near the beginning of April this is the outside of the children's area this is the area where the deck will be you can see the windows have gone in the door is what's remaining there and also the beginning of the tiling next slide please we've all seen this picture just driving by the site this is what the windows just started going in I think the small windows are still missing here but it certainly beginning to look pretty grand with those windows in there next slide please this is the interior of what is the main library library area so where the librarian desk will be the adult reading room the adult stacks in the fireplace room the fireplace is technically behind where this picture was taking so this is looking south toward Claire Street the big windows in there but you can see the inverted ceiling that we have that will get planked over as we do the interior finishes I think there's one final picture this is just again this is inside the community room the small opening on the left there is the kitchenette that is being constructed and the two openings to the right are storage closets so you can see we're moving forward we're working quite a bit on the interior of the building at this point and I would say the contractor is doing everything he can to keep the project moving forward even with the conflicts so one more slide so that's the end of my report and our recommendations are you accept the report and authorize the city manager to pay an anticipated pg and invoice for resolving the high voltage power line and vicinity of the building and the amount not to exceed $400,000 I would be happy to answer any questions thank you all right councilmember Bertrand do you have any questions do we still have councilmember Bertrand with us I'm glad you muted councilmember Bertrand do you have any questions yeah so PGD has not provided an estimator for the cost to reduce the lines why do you feel the $400,000 should cover is this the consultant that's giving this or what's it based on that is an estimate that the project manager and myself came up with it's based on the cost we saw for them to pull wires when we were looking at it and it's kind of a back of the envelope estimate they had given us at the beginning when we first realized we have a conflict of what it would cost to relocate the wires so I'd like to say it's more scientific in that but it's really our best feeling at this point it's more on the thousand fairly conservative engineering conservative engineering conservative I actually think that is a good number I wouldn't say we're patting it at all I think between 300 or 400 where I truly expected to come in okay thanks councilmember Bautour if any questions I do madam mayor thank you Steve so it looks like we have two the contingencies got hit by two things one was the rain delays which you saw and the other one was it appears that there's over $400,000 in delays that are all tied to the decision about relocating the wires is that correct in decision or just delays yes the delay right standing the contracts yes right I got it so that solves that is there any I don't know how else to name it are there any delays because of COVID are there any things that's causing them or not allowing them to work that's going to add any other delays so we have not included any COVID cost delays in the numbers you saw tonight right now the all these contractor and subs have been able to keep working there's a potential that one of the subs who's going to place the high roof steel once we get there may have some issues but that'll be after the next order comes out so we're anticipating at this point no COVID-19 delay costs okay and the my memory goes back on this because I paid attention to this in the beginning and my recollection says that when we were talking about when we first were notified that the the eaves were going to go into the space where wires were not allowed to exist the first number for us to move the power lines was $180,000 to relocate the wires from 300,000 to underground do you recall those numbers that sounds vaguely familiar unfortunately yes okay because we all saw that the 300 went to 700 for underground and the 700 went to 1.3 so going along with with councilmember trans skepticism this was a $180,000 repair that is now I know you're giving your best estimate and I realize that this is an ever changing thing but I don't know how much confidence I can play and put in that number the bottom line is whatever the number is our contingency and the extra money we got from the county and the other funds is enough to cover this even if it went to 500,000 yes it is at this point okay great thank you very much alright councilmember story questions yes I have one question Steve if everything goes well and we end up with a surplus in the budget where does that go I think we are paying with the general fund money in the project so it would be refunded to the general fund got a nod from the finance director on that so yes the general fund money will be the the last out and any available funds at the end would we return there so just any surplus our savings we have in this project would go back all of it would go back to the general fund so I can answer that I think if I recall I believe we put around a million dollars of general fund money one five so as long as that would be the first money we would take back out if we ended up with more than 1.5 million dollars I don't think that's possible at this point then we would be talking about that would be restricted library funding that we would need to put back into the library system okay so the general fund is like first in order for any surplus up into the up to the maximum contribution yes okay great thank you vice mayor Brooks any questions I have no questions thank you no questions and forgive me councilmember Bertron did I already ask you if you had questions yes you did okay thank you with that we will bring this item to public comment did we receive any public comment on this item looks like we are seeing none so we will bring it back to the council for additional comments and deliberation can you bring the recommendation slide back up great thank you alright councilmember councilmember Bertron any additional comments or discussion no I hats off to the windows dollars to make that happen but otherwise I definitely want to accept this staff presentation councilmember Bautorf I will go ahead and make a motion to approve staff recommendation authorizing up to $400,000 I'll second that motion by councilmember Bautorf second by councilmember Bertron councilmember Storie any additional comments or discussion no further comments or discussion thank you vice mayor brooks no I don't have any comment without we have a motion to second can we get a roll call vote please councilmember Bertrand aye councilmember Bautorf aye councilmember Storie aye vice mayor brooks aye and mayor peterson aye thank you motion carries unanimously we are going to move on to item 7D update on revised zoning code for coastal commission certification hello good evening mayor peterson and city council now that we've updated our accessory dwelling unit ordinance we're moving back into the zoning code update we're getting very close to submitting a draft to the coastal commission with only four outstanding issues to resolve tonight I'm going to give you an overview of the zoning code update and an overview of the coastal commission certification process our new zoning code was adopted by city council on January 25th 2018 next slide please 30 days after the ordinance was adopted zoning code must be certified by the coastal commission prior to taking effect inside the coastal zone you are muted you are unmuted since the adoption of the in January of 2018 I've been working with the coastal commission staff our planning commission and our city council towards coastal commission certification next slide please following adoption in 2018 staff provided a copy of the zoning code update to the coastal commission due to the volume of the document it took the coastal commission a significant amount of time to review in November of 2018 we got coastal commission's red line version of our code in early 2019 the planning commission reviewed the coastal staff's red lines during two planning commission meetings we added a recommendation to the city council currently the coastal commission edits are under review by city council next slide please you will recall that April May and June of last year we discussed the coastal commission revisions the outcome of these meetings was a list of requested coastal commission staff edits that appeared to not align with the coastal act in June city council asked staff the coastal commission staff to resolve the outstanding issues we provided the list to the coastal commission staff asking for references to the coastal act and where the specific issues that we'd identified could be referenced in December of 2019 we received thorough responses to our list and staff met with the coastal commission staff in person during this December meeting it was very productive it resulted in almost all items being resolved in align with the coastal act and capitol is coastal land use plan so at this point in the process last December that was right when the new ADU laws took effect so at this point we put the coastal commission update on hold to focus on the ADU ordinance and also our sign ordinance next slide please so let's get into next steps this is where we are at this point in May I plan to bring forth chapter 17.4 the coastal overlay zone this is the chapter that had the majority the outstanding issues there were two other minor issues that I'll also bring forth during that May meeting following the May 14th meeting there are three more items to get final direction on the first is the village parking requirement second is the village hotel height and last the monarch cove in and of course if any city council members have any additional items that they would like placed on an agenda please let me know next slide please once I've received direction from the city council on all the remaining items we'll publish a final draft for adoption hearings first the planning commission it'll go before the planning commission for recommendation and then final adoption by city council then we can achieve that this summer following the adoption hearings we will submit to the coastal commission for certification I've got two slides to revisit the process of coastal commission certification so next slide please so this would be the best outcome we'd submit the draft to the coastal commission they'll do a completeness review once they've found our application complete they typically would put you on schedule for an adoption hearing within 60 days we've done so much work up front that this is a possibility because they've reviewed our code several times at this point if approved the certified LCP goes into effect within the coastal zone the second path forward next slide please is the coastal commission I should clarify they never denies an LCP update they simply provide you with red lines of your LCP update for approval and then they give the capitol the option of whether or not they want to move forward with the red lines so Jamie so with the red lines capitol can accept the red lines and then we would have a certified LCP next Jamie if capitol does not accept the red lines we have the option of making revisions and resubmitting the LCP with the revisions and then lastly if we do not accept the red lines and take no further action we could operate as we do today under two separate codes in summary the steps we've taken over the past nine months have gotten us closer to our goal of having one zoning code applied citywide we've worked closely with the coastal commission I feel that we're in a great place with four remaining items with that I'm happy to answer any questions and we'll be bringing back chapter 44 at the next hearing all right thank you let me see where did my list go okay council member do you have any questions I have no questions thank you Katie council member story no questions thank you vice mayor Brooks no questions and council member Bertrand do you have any questions I think we have him muted or he's on mute again you are muted you are unmuted we'll figure it out council member Bertrand do you have any questions I think he's muted there we go but now he is muted council member Bertrand are you back in the meeting any questions can you hear me yeah I'm back yes welcome back do you have any questions no questions at this time I was trying to get my video and I couldn't get that okay I can't see the slide we are in the era of technical difficulties okay no questions we'll bring it to public comment did we receive any comments from members of the public on this item seeing none we will close public comment for this item and bring it back to council for additional comment do we need to vote or this is just informational okay great so then we'll just go quickly down the line again and see if there's any final comments council member Batur thank you mayor I have no comments thank you council member story no comments alright vice mayor Brooks I just want to thank Katie for this presentation this was by far one of the most easy to understand out of this entire process I would just ask that these that this particular slide that is brought back just so we can kind of remind ourselves where we are in the process in May great council member Bertrand any additional comments yes I would like to ask the community development director to send me a copy of this slide that was my problem I couldn't see her presentation for some reason my problem I'm sure sure yeah we will get that to you alright thank you so much and also thank you for I understand you created this mask yes and I would like to thank you for making it and to Chloe for allowing me to commentate it from her at the last meeting alright thank you so much with that we are at the end of tonight's agenda thank you all so much for everything you do for our city that's for all of our staff here thank you all for watching please stay safe stay socially distanced take care of yourselves and take care of each other and with that the meeting is adjourned thank you