 Okay, my clock says six o'clock, even though it feels like it's nine, daylight savings. Anyways, welcome to the November 9th, 2023, regular scheduled City Council meeting. May I please have a roll call? Councilmember Brooks. Here. Councilmember Clark. Here. Councilmember Peterson. Here. Vice Mayor Brown. Here. And Mayor Kaiser. Here. President Lee. And just through the flag of the United States of America. And to the Republic for which it stands. One nation, indivisible, with liberty and justice. Do we have any additions or deletions? Staff has no changes to the agenda this evening. Thank you. And additional materials. The City Council received three emails related to item 70 on tonight's agenda. The emails were incorporated into the agenda packet and were emailed to the Council prior to the meeting. Great. Thank you. So we'll move on to oral communications. This is for members of the public. You can speak on anything on general government, or sorry, on consent items. Just not on general government or anything of, not on the agenda. And you will have three minutes. My name is Goren Klapec. I used to work for Zelda's security here one time a while ago. There was a problem back then that I want to address here in the meeting. There were substantial amounts of cocaine being pushed around by cocaine dealers. And I don't know if the authorities knew about it. I still stand by it, but I say tonight. I don't care if it has repercussions, but I know what I saw. Thank you very much for listening. Have a great day. Goodbye. Thank you. Thank you. Hi. My name is Chris Amson. My family lives in Capitola and I have four kids that all frequent our public library. First, we love our library. It's an extremely valuable asset to our community. I'm here to comment on the resolution against banning books in the Santa Cruz Public Library system. It is actually something that's on the agenda. You will have a chance for public comment 7A. I'm sorry, I saw it on tonight's agenda for item number 7A. Yeah, we're still up at four on oral communications. So we will be revisiting that. What do I speak at that time? Yeah. I apologize. Thank you. Good evening. I'm Tony Campbell and I'm speaking to you tonight. I'm also on the subject of the library, but very different from banning the books. I'm representing the Friends of the Capitola Library and I got good news for you. Some of you may remember that when the initial construction papers came out, unfortunately, as drawn, there wasn't enough money to do everything that was in the plans. The value engineered stuff very nicely, including they didn't put on solar panels on the roof. And I'm here to tell you that the Friends of the Capitola Library have now had the money to fund solar panels for the Capitola Library. It makes me really happy. For the last six and a half years, the Friends of the Capitola Library, a small band of about two or three dozen people have been operating a bookstore in the Capitola Mall where we sell books mostly for one and two dollars a piece. People love the library or the bookstore. We want to know that we now have quite a bit of money. So this is what we have. Gail Ortiz and I kept aside almost $51,000 from the Capitola Campaign, which the city is holding. And in addition, we have about $350,000 that we've earned in the last six and a half years. This is a sizable amount of money at one and two dollars a piece. In August, our group formally voted to spend our money to install the solar panels on the building. It's something quite exciting. And I think something Martha Stewart would say is a good thing. We had hoped that the city could take on management of the project, but the water problems with all the stuff that's going on that doesn't seem to be possible. And we are really grateful to Jamie to be working with the county, Nicole and Carlos. Carlos, I hope, to take the project because we would prefer that the library staff did not do it. They just don't have the bandwidth. But there you go. I hope to see you when those things are installed and we have a good party. And one of the things, one just quickly, if you could, that's a little information about our bookstore, which you are very welcome to visit anytime. Thank you very much. Thank you. I stare Phillips, but I'm not sure if I should be here right at the moment. But I'm here for the consent items number E. So should I wait for that? Nope. Now's your time. Yes, okay. Thank you. Way down. Okay. All right. It's regarding the 1098 38th Avenue project had mid pen. And there are several residents there are very, very concerned about the proposal and what it will bring to our little tiny 38th Avenue, which is now a highway 38 highway. There is no lighting. There is no sidewalk on the east side. There is no crosswalks one for the section that we're talking about. It's about a mile and a quarter of section from from Brahma to Portola. I and others cannot walk safely on that street with our dog with ourselves without, you know, being afraid that we're going to trip over something or, you know, how you how you lose your step when you're walking because there is no sidewalk and there is no lighting and the cars go by real fast honestly. I had a representative from mid pen come yesterday and she did see the crazy traffic on 38th Avenue that that I'm speaking of and mid pen is 1098 and it's in the city, but our roads are counting. Isn't that great? So we need something done here because you guys need to talk to each other because someone is going to get killed and it might be me and my dog Lanny. Who knows? But then you guys will go. Oh, yeah, maybe the crosswalk should be put in there. Oh, maybe some lighting should be put in there, especially when there's a 52 unit going up. And I know it hasn't really been approved yet, but we know it's going to be approved. We're not naive, you know, all us residents there. And there's there is seven mobile home parks there and two of them are 55 plus over and the other five are all age. So you're bringing in 300 or 300 plus more people, 100 more vehicles, what we are dealing with. So you all really honestly need to think about what's going on here. If you're going to put the units up, fine. It's even a three storey unit, crazy as it seems. But you really, really got to work with the county public works about that about the road because it just can't hold all of it. Not what can't even hold what's doing now. It's not going to hold, you know, safely any more people on that street. Wheelchairs, there's no bike lanes, e-bikes go by. And then we have that railroad track at 1098. And people, you know, I was young once too, and we would just fly over the railroad tracks and go even faster. So that's what you got, you know, lots of people driving fast and not looking at the road sign. There's not even a good signage for that matter. So I'm asking you, whatever you are going to, I don't know, approve this, let's say here. The loan agreement, yeah. That and whatever else goes along with it, you've got to stop and think about this traffic issue that we're heading in for. You know, so that's what I'm asking you to do. Thank you so much, thanks. Me, I'm asking, but a lot of residents on 30th are asking as well. Thank you. Good evening council staff. My name is Laurie Hill. I serve as one of your arts and cultural commissioners and have enjoyed the ride all along. I am here during public comment to present to you the two pieces of art that the city has taken into their collection as a result of capital of plein air that took place over October 30th through November 5th. Those two pieces are hanging on the wall right over there. The first place was Christian Matthews. That's the magical forest. He's the one that's in the middle there. That's Nicene Marks and this is a gifted artist. Our judge also selected for second place, Loisa Lorenz. Her piece is called The View. Loisa came from Texas, excuse me, from Utah to paint with us this year. So it was a wonderful event. It was our eighth annual year. The first year that we did this event, we sold no paintings. Now at the eighth year, we're selling 45 plus 70 artists applied to be a part of the event. We could only handle 40. It's a wonderful example of collaboration between a lot of agencies. The Chamber of Commerce was there presenting a special recognition. So was the Capital of Village Improvement Association. The Palace Arts was there doing all kinds of great activities. It's a great event and I hope that you will support it again for next year. Thank you. Thank you. Hello, Mayor of Council. I've made it five years without coming to a council meeting. I'm feeling very proud of myself, but here I am. I came to thank you, staff, the recreation department, public works, the police department, for the most capital event I've ever witnessed. And that was Jojo's birthday party. Well done. It was everything about Capitola, everything about small town. And it filled our hearts. Thank you. Do we have any other public comments? I don't see any. Okay. We can take this to staff. Any staff comments? I'd just like to reiterate the comments by Mr. Termini there and thank my staff for organizing that amazing event this week for Jojo's 80th birthday. It was really one of those things that reminds us all I think about why, why this is such an important special place. And I'll go to council. Any council comments? Yeah, I'd like to ask staff to come back to us. Regarding the Children's Bill of Rights, the city of Santa Cruz has worked really hard in rounding out the program that could potentially be an extension of the program or the policy. No, the resolution we just adopted. I'd like to see a student ambassador program come to Capitola so you can bring information back on their program and how we can essentially bring that to Capitola. Thank you. I just want to say that there is some progress happening on even the front of the wharf. I found that out via our city Instagram page. So thank you for that knowledge and those posts. Follow us if you want some more fun wharf Wednesday information. There is progress. And yes, I realize it is slow, but it is happening. So just keep that in mind and thank you for your patience. Okay, we will move on to consent. All these items listed as consent will be enacted by one motion in the form listed below unless a council member wishes to pull an item. So consent items 6a through the second. We have a first and a couple seconds. We just do a voice vote. All those in favor say aye. Aye. That passes unanimously. Thank you. We'll move on to general government item 7a is the resolution against banning materials. The recommended action tonight is to adopt a resolution against banning books and materials in the Santa Cruz public library system. This was an item that was continued from our last meeting. That would be me. Yes. Good evening, Mayor and City Council members. To start us off this evening, we'll be going over this item that was continued from the October 26th council meeting. And for background on October 11th, the City Council received a request from the Library Advisory Commission to adopt a resolution against ban materials in the Santa Cruz public library system as a part of the request. The request included a copy of a draft resolution that was presented during our October 12th regular City Council meeting Vice Mayor Brown requested that staff bring forth this item for City Council consideration. This item was then continued from October 11th to October 12th. And for the November 26th, during our regular City Council meeting, we received requests from members of the public to pull the item for further discussion. Council member Clark pulled the item for discussion following the public comment period. The item was then continued to tonight City Council meeting. This item was then continued from October 11th to October 12th. And for the November 16th, during our regular City Council meeting, we received a request from the Library Advisory Commission to adopt a resolution against ban materials in the Santa Cruz public library system. So for background on October 11th, during our regular City Council meeting, we received requests from members of the public to pull the item for further discussion. Okay, so my name's Chris Ameson. My family lives in Capitola. I have four kids that all frequent our Capitola public library. And again, to reiterate, we love our library. It's a very valuable asset to our community. I am here to comment on this resolution against banning books in the public library system. I would iterate that first. I think most of us would agree that banning books is not a good thing. The reason we have our library is to provide books for our community not ban them. It's important to recognize that our library is available to everybody and that everybody does have access to the materials in our library. With that being said, some of the books that have recently come into this discussion are not age appropriate to be in a public library. Just like we don't allow our children to purchase adult magazines in our liquor stores, we shouldn't be providing these books to children in our public library. I'm sorry if I'm talking too close to this. Again, this is not about banning books. I think this is about books that should be provided that are age appropriate for the people in our library. I have one of these books in question. This book here is called Gender Queer. I came across this because it's a controversial book that is being allowed in other libraries. This book is written as an autobiography and I'll hold it up and show you this is entirely cartoons. This book is intended for children. I'm going to apologize in advance for a brief passage out of this book. I got a new strap on harness today. I can't wait to put it on you. It will fit my dildo perfectly. You're going to look so hot. I can't wait to have your COCK in my mouth. I'm going to give you the BJ of your life. Then I want you inside me. That's a children's book. I think most of us would agree the language in this is not what we want our children reading. Yeah, without some kind of oversight into what books are offered in our public library, this is exactly the kind of content that we're arguing should not be made available to our children. Again, I want to iterate this is not about banning books. This is simply making sure that the books we provide in our library are age appropriate. If parents want their children to have access to books like this, they're free to get them on Amazon or in a bookstore. We should not use our public library for this. Thank you. Thank you. Good evening Council and Mayor Kaiser. My name is Paula Bradley. I'm a resident of Capitola. I wholeheartedly support the resolution against banning books and materials in the Santa Cruz public library system. At the last City Council meeting on October 26, which I attended remotely, I was naively surprised to hear speakers proposing banning books. I know that the politically motivated efforts to ban books for the last few years has accelerated. But naive because I was surprised that it's happening in our small city like everywhere else in the country. Thank you to the Council and Kristen Brown for bringing forth this ordinance, although it is sad that it is necessary. Book banning is censorship. Banning books under the guise of protecting children is an easy first step on the path to fascism as evidenced through history. Most famously by the Nazis. Everyone wants to protect children. That is not the point of a book ban. Book bans are manipulating the public to falsely believe there is a threat from a group or persons. Pick any group, those who are different, race, religion, LGBTQ, gender identity, etc. The intent of this manipulation is to evoke an emotional response and outrage to an overblown perceived threat. In the bigger picture, book bans are part of a greater effort to restrict education and forms of media. The free expression of ideas and thoughts and efforts to whitewash or rewrite history. We need more thoughtful discourse to better understand others and study historical facts to learn from the past so it is not repeated. Unfortunately, the same groups advocating for book bans have been taken over school boards, stalking members' children, making threats to educators and public service workers. So we're afraid to stand up to this vocal minority. Political leaders are substituting factual truths with lies and sowing division by turning groups against each other. Many of the lists of books to ban are not even in the libraries. Thank you. Thank you. Hello, council. My name is Matt Arthur. And I'm actually here to show support for the idea of not banning books. I think banning books. I don't think there's anybody in here that really wants to ban books. So I think that was the messaging with this whole thing. I think is it was bad messaging. If you truly want to have a more inclusive and equitable resolution, I would like to suggest the elimination and the resolution of the 5th and 6th whereas we're all about being inclusive and equitable. So I think eliminating the 5th and 6th will create a resolution. I think most of us can stand by just something to consider. Thank you. Good evening, council members. T.J. Welch's resident, my daughter, my grandkids, the grand capitol. First of all, I want to state that I am not in favor of banning books. However, your resolution is much more than just a statement on banning books. The resolution is about an agenda that this council has pushed since you were elected. Notice that the resolution actually contradicts itself. It states that the library plan is to be inclusive, but it is anything but inclusive. The resolution goes on to attack conservatives for their concerns about children. The only books listed in your resolution is from the LGBTQ community. It doesn't talk about classic books like You Kill a Mockingbird or Kirk Cameron's Children's Book. Both of them are being targeted by a group that's a little more on the liberal side. The new president of the American Library Association, who you support in here, is a self-proclaimed queer Marxist who states that her agenda and the ALA organize a collective power to wield against white supremacy, imperialism to support and direct children to find their own brand of queerness. The American Library Association's library bill of rights states that children shouldn't have privacy rights without parent knowledge. This is the problem you're placing your agenda, the ALA agenda, against parents and families. Some of these books are outright pornography and light pornography should only be checked out by adults. We don't need librarians helping our kids find queerness. The author of Being Gender Queer, which was read earlier tonight, that's listed on your resolution, actually stated that she did not write the book for kids but rather adults. It's interesting because it's all animated illustrations for kids but that's what her statement was. I'm asking you tonight to change your resolution to not limit the scope of the ban of books and keep books that have pornography for adults only and to keep them away from our children, just like we do pornography. Thank you. Thank you. Anybody else that wishes to speak on this item? Hello again, Council. My name is Mike Termini. I am the chair of the advisory commission that brought you this resolution and developed it. And let me say that we are not speaking about school curriculum. That is for parents and school boards to dole out and we specifically stay away from that. There are popular requests to ban books in all segments of this country. Oddly enough, the most frequently requested ban is for the Bible. Next is the Koran and after that is Harry Potter. So as many speakers said and I respect all of them for their opinions, banning books come from all sides, liberal and conservative. And I'm sorry if this resolution reads as some sort of an attack on the conservative agenda, it's not. We believe that youth access to these books is in the hands of the parents. But we must, as leaders, send a clear message that freedom of access in our libraries has to be preserved. To guarantee the free access of ideas that we believe in, that's easy. We all want to do that. To defend ones we disagree with and the ones that are most abhorrent to us. That is where the real test of defending liberty comes in. And I'm telling you that we need to keep free access to our library materials. And with regard to adult-only material, I must say I struggle with this. And I think that if there's a four-year-old at home under the covers of a flashlight reading a letter, somebody needs to look at that and it's the parents. But as far as the slippery slope of naming books, and we did purposely put the most divisive and some of the most questionable book titles in this resolution for a reason. And that is just like the Supreme Court defends Nazis marching, we have to defend the worst along with the best. And if Mein Kampf is allowed to sit on library shelves as it should, because we'd never be able to forget the existence of that book, everything needs to be put out there. So thank you for your consideration. Thank you. I'm Mr. Phillips again. Now I was going to talk on this because I did not know what was going on. But I'm not quite sure of this gentleman's idea about the books. But to ban books in that type of context, this gentleman read, that really is on you. You cannot let a 12-year-old check out that type of book. If anything you should have, the parent should be next to them. It should be something that a parent is part of that process if this child wants that book or any other book in that type of content. I have a 12-year-old grandson and I would be appalled if he was reading something like that. Like a friend told him, hey, go check out this book and he checked it out. I would be appalled and you all should be appalled as well if that happens to your children, grandchildren, nephews, nieces. You have to think of that, not this, what do they call this resolution against banning books. It's not banning books. It's banning, not even banning inappropriate books. It's saying parental control and respect, a parent would have to be there if this child is going to check out such a title of a book, any type of book of that. I have not done any reading of this. I just heard what I heard tonight and I'm appalled what he read to me. That's something in a bedroom that you would be with your husband or your girlfriend, wife, whatever. That's appalling and you all need to think about this. You better think about this in the future, how this is done. I am not appalled to any of what was said, only the age group that's going to be reading it. Thank you. Anybody else wish to speak on this item? Good evening. My name is Donald Greer. I'm the community. I just said, listen, I didn't know much about this, but what I can say is if someone was to come to a liquor store, was to come and say, I'm going to, instead of selling this material, I'm going to give it away. Would it be okay? Would you guys be okay with that? And there's nothing different except you can go to the library and you can check out this stuff that's not appropriate for children. And I'm talking about children under 12 years old to be getting this material. The only difference is, is it's free. There's no cost to it. There's no, there's no, no one's going to be any trouble for it. But if you were to go into a liquor store and go to where they have X-rated material, they can't have it open for the children. So what is the difference? That's my question. Thank you. Any other speakers on this item? Good evening. My name is David Campbell. I am a pastor here in Capitola. And I first want to say I was up here, I don't know, several months back, and I want to just repeat the fact that I pray for you guys. And I consider our, I encourage our congregation to pray for you as well as our leaders in the community. I just want to start with that. But I also want to just add to what's said here as far as book banning. I am not a fan of banning books. And as a conservative and a Christian, we've been victim to that as well. But I also more applicable than being a pastor in the community. I'm also a grandfather of young kids here in this community. And I am full in full support of, I want to say that, you know, the innocence of our children has been severely attacked and threatened in this day and age with the internet. It's terrible with the access that kids have to highly sexual content. And so I believe in the places that we still do have some control over that. I don't want to ban any books, but at least have something in place with parental consent that the young kids can't go in and just freely access this stuff without some kind of parental consent. So I'm in full support of any kind of measure, something in place to keep that. So thank you very much. I bless you. Thank you. Are there any other members of the public that wish to speak on this item? Evening, thank you for your time. I'm just going to reference the book being magenta. My name is Marcus. Well, I'm a local here. And I'd like to point out that in that book it solicits sex with a minor. So there's specific penal codes that specifically 288.4, which is a crime. If you are to solicit a minor for sex to meet up for sex, but this book specifically and explicitly talks about that. There's another penal code. 288.2. And that basically is obscene material to a minor the intent of sexual removal and to have sex with them. So there's book that's in our library promotes that. It's not about banning books, but we're also not about sexual misconduct with the minor. So if a book is soliciting that you can actually be arrested if you solicit it online. Or if you go out and text, and even if two minors are texting between each other, the solicit sex, they can be charged under penal code 288. Let's do one more code for the record penal code 288.2. Same thing distribution of sexual material. So if you can't do this online, you can't do this in writing. What's the difference between a library and online access? Nothing. The library came first. We have all this materials in our library and we can't do it online anywhere else because it's a crime and why are we keeping the solicitation of minors in our libraries. And like I said, I'm not for banning books, but I am not also for promoting sexual solicitation with the minor. Thank you. Thank you. Any other members of the public wish to speak? Seeing none, we can take it back to council deliberation. Any comments? We have approval of staff recommendation. I'll second. We have a motion and a second. May I have a roll call please? Council Member Brooks. Aye. Council Member Clark. Aye. Council Member Peterson. Aye. Vice Mayor Brown. Aye. And Mayor Keiser. Aye. Passes unanimously. We can move on to item 7b. Excuse me, we're moving on to item b. We have the 2023 special event report. We are to receive a report on 2023 special events, provide direction regarding changes to specific special event permit conditions and improve recurring minor and general special events for 2024. We have our Captain Ryan here to present. Thank you. We'll take it personal. They're all waiting as I take the mic. Thank you. Thank you. Thank you. Let's have fun item here. Good evening, Council and staff. I'm here to give you the recap of the 2023 special events. And I just want to start with just saying that. This mic is very sensitive. winter that we had. So there's some event organizers in the crowd. So I mean kudos to them. The collaboration that happened and the fact that we were able to do all the things that we did were pretty incredible. So the purpose here is that we, I'm going to give you the report and look at what's happening in 2024 and how we can move forward and just continue to improve our collaboration with the community and special events. Can you go back real quick? Please acknowledge Gail, one of our special volunteers. That's at Trunker Treats this year. So I tried to grab photos that were actually relevant and current with some of the things that we had going on this year. So I thought that was really cute. All right. So just to kind of bring you to special events and how we got here, we have general special events for the city of Capitola, which are 210 attendees and more that also have larger impacts to the city public works and police department in particular. We're going to circle back to that at the end. So general special events and then minor events are less than 200 attendees with minimal impacts in the art and cultural commission events and other city organized events. So in 2023, we issued 10 general, which are the large again to remind you those are larger events and we issued 26 minor, so all of our smaller events and five permits to the art and cultural commission. Next slide, please. Here are 10 of our general or what would be considered our larger events and there's some new ones on there that we were impressive that we're able to that we were able to pull off with Beyond the Flood, October Fest. So next slide. 26 minor special events. It's a lot of events. And these are on here that so the impacts are smaller, but I do want to just throw it in there that, for example, like the Halloween parade, small, but mighty was like, was a huge turnout this year. So we do support those events. The police department shuts down streets, which is very temporary. Next slide, please. We had six city organized special events, as you can see here. Some newer ones that were that came in this year out of response for what we had going on in the winter time. Next, please. So the overall recap, I just would like to publicly acknowledge our emergency partners. We have really come together jointly to support the community from an emergency standpoint with Central Fire, doing incident command meeting with our organizers ahead of time to make sure that we're meeting their needs and that we're being reasonable about what our capabilities are. We have the addition. I've had the pleasure of working here when we had a lifeguard program, then we didn't. And now we do again. So that was a new addition, which we'll talk about later at another time about what that's going to look like moving forward. We also 321, maybe on the conservative side of police hours that went to support the special events and also 66, which we think that number might be a little low, just and not just communication that we can clean up moving forward between with public works, us communicating with them about how much they're putting in when we have that influx of people that come into our city. Next slide. So to wrap it up, future special event process, we've been working collaboratively with our city attorney tomorrow. Thank you for all your help planning, public works, recreation with Nikki to move forward and to look at reviewing and revising our municipal codes to also streamline the process. The special event process really affects city staff and to also examine and redefine our thresholds for what qualifies as being a special event. And then also to look at our wording, general versus minor, and make that wording a little more. So the public understands what they're asking for when they're coming in for an event. And then also just to review our cost sharing, the fees for staff time, overtime costs, now with the addition of the lifeguard program as well and what that looks like moving forward. So we'll be coming back to you with looking for direction and to give you more information on our collaboration and what we see, how special events really impact the city and all of our resources. Next slide, please. So what we're looking for here is to provide direction regarding any changes to any specific reoccurring special events, permits and conditions, and also to determine if any additional review should be required as we plan to move into 2024 special events. Thank you. Thank you. Any council questions? So that was a lot of events happening. Isn't it? When you start putting on a slide, it's pretty amazing. It's amazing. It's wonderful. I know our community appreciates it. Sometimes in the middle of the year, we get additional requests. What do you think about that moving forward, about the current amount of events occurring and potentially more? Well, you know, my thoughts on that are that we have a lot of special events. And so it is a challenge to support much more than we have going. And it really depends on the time of the year. It was a little odd this last weekend to not really have anything going on. So I would say that I wouldn't want to come up with a hard opinion about what I think about it. It would really, I think we have to be a little bit flexible. Like we added some city events to recover and you just, we don't know what this next year is going to bring in all different ways. So, but I definitely appreciate being a part of the conversation because it does put a strain on staffing for the police department and also for public works. I mean, all of us that try to support and keep everyone safe while the events happen. I'm thinking I'm looking at our city manager just because of our ribbon cutting for our wharf. That would be occurring next year, mid-year. And I don't see anything on this list referring to that yet. You know, probably be a substantially large event. I don't know if it's necessary to put that on the docket or be, you know, because what do we have April, May, 2024? Of course, I'm afraid it's going to be a bit later. Okay. But it's within this next year. That's correct. So I do anticipate that that hopefully we're going to have a fantastic ribbon cutting event when we open the wharf that very likely, if it includes the fireworks, which we hope it would, would be a new special event permit. So that would come to the city council for approval. We don't really have any mechanism right now, but where you could approve it tonight. Okay. I'm just saying it for future reference that there might be fireworks and a ribbon cutting of a wharf of sorts possibly next year. Well, Monty still has his placeholder in October, but we'll see how things track. Okay. So it's not necessary to add anything tonight as feedback. Okay. Thank you. Going off of that. Are we, for the 75th anniversary, did we list that? We did not list that. Are we doing anything with that? Sorry, if that's not part of this. Again, so, so the way the process works is when we have new events, we do bring them to the council. Okay. Okay. So for example, the beyond the flood concert did come to the council for approval. So if we do end up organizing specific events for the 75th, it will be coming to council. If they're major SCPs, if they're minor SCPs, they can approve it as staff level. Okay. And I don't know if this is more of a comment or a question, but I, kind of how you brought up where there's the general and the, like, I think, yes, there's, maybe we could sort of reword general just sounds like whatever, you know. So maybe we could intensify the name in, like, a good constructive way and like, so that staff and community members understand that it is going to be more of a process or taxing or whatever on staff and that it is a bigger deal than just a general. Right. And we feel that I completely agree with you. That's sort of what sparked this when we started looking at it that what is listed as general to us is like major. Totally. So we want to, we do want to change that wording and streamline the process. So also, so the public's not so confused because we spend a lot of time, we are actually our analyst, as Maralda spends a lot of time answering questions and helping people navigate the process. And that, what that tells us is that we need to deliver the information better. Thank you. Yes, I kind of jumped the gun on my question, but go ahead. Thanks. Yeah. Can I ask what the process is? Like, do you have to go get a document in person or is there an online form or what does that look like? Either. So you can go online. Our application right now is a little long. So that's another improvement that we'll be bringing back to you all to look at. But they can go online, they can come in person. And depending, we ask a few vetting questions that would put the person in the right direction. Is it, is it a general or would be a larger event? Or is it something more minor? And so they fill out the application. And then depending on the type of event, it's something that may come in front of council or like the city manager said something that we can just approve on our own. And it's very fluid depending on what the event is and what kind of permits they need. If they're going to, you know, need the bandstand, if they're going to need an ABC license, because it's an alcohol related event. So we help them navigate that process. Thank you. And for a minor event, I'm just curious, what's the turnaround time? We have it, I'm not going to, I can't remember off the top of my head what the policy is. I think we asked for 90 days in, I believe. Do you think that's the same for a general? Right. Thanks. Beth probably knows. There you go. Any other questions? We can go to public comment on this item. Is anybody that wishes to speak? Hi, for those of you don't know me, I'm Mary Beth Cahalan and I do one or two events in this village. First of all, we have to thank the wonderful staff that we have that helps. I also send an email and hopefully you'll get to read that. But one of the things I'd like to do is if there is a committee of some sort, I would like to be part of the solution. So I do enough of these events and I have done them for more years and I care to tell you. And we have outgrown the system that Sarah's talking about. And that's basically what she's saying. So one of the things I have been working on just in the last couple weeks is I had two invoices come from Esmeralda, who by the way I think walks on water. And we had overtime for the police. And we have found that in our permits that the police overtime is almost half of our fees if not more than half. And I'm not saying we don't, they don't deserve it. The problem is is we don't know that's what the fee is going to be when we get our bill. So we know how much it is to rent the stage. We know how it's $18 for a parking space. We know it's $70 or whatever for sound encroachment. We have specifics, but we don't have any guesstimate of what the overtime is for the police, which we need. And what is it they're actually doing so we know. And so it becomes a surprise bill kind of when we get it in the end. And a lot of the events that I do and the rest of the village does, we survive on sponsorships. So if we do not know what type of sponsorships to go for and how much money we're going to need to host this event, then we are now at a deficit. And then that doesn't leave us anything to start the event the following year. So if we could have a clearer understanding of what these fees are going to be, the lifeguard information is on there. Is that part of this? Or is that another section? That's another section. Okay. So my thing is, is we need to tie down better what we're getting more bang for our buck, I guess, or what we're getting for the money we are giving. And it's the unknown. I was supposed to have lifeguards. They didn't show up. But that wasn't my decision. And there was no communication to tell me that they weren't going to be there. Thank goodness I had an EMT on site, or I would have had an article parade with no emergency. So it's that kind of communication that has to get better between the event planners and the city. I mean, Sarah, Mike, they all walk on water. But we do really well. But I'm just saying overall, that's what I see, better communication. And I'd like to be part of the solution. Thank you. Great. Thank you. Council. I am here now speaking as Laurie Hill. And I was one of many that brought you the Bagonia Festival. And I worked under the very beginnings of this special event permit process. And it has evolved. And tonight's report was a great report from the staff perspective. I am hoping, because I think the recommendations of this item are very fuzzy. And I'm hoping that where this is going to go is to create a little bit more of a collaborative process in the discussion of looking at that special event process. Because all the points that Mary Beth made previously are correct. And I think some of that can be ironed out in the process. There are a few discrepancies in the staff report, you know, particularly when I looked at the Beach Festival's invoice for police fees. And then I looked at what was in the report and the numbers didn't match. And it was kind of interesting looking at the difference in the amount of police fees for the various events. I trust staff makes the best decisions for these events. But they shouldn't be surprises to the event coordinators. Particularly when many of the events that are put on in this community are put on with the deep heart of a sense of community. And it's hard to keep bringing us all back to keep doing this when the pushback feels more like it's not necessarily wanted from the community. And, you know, there was a time when the Pagonia Festival was considered very favorable to the community, to the point that when I had to go to the city manager and tell him that we had to kill it, his first remark to me was, you can't do that. And then I explained there was no Pagonia is going to be coming back. That's how valuable some of these festivals and events become to a community. So please keep your heart open. You know, I have sensed a real shift in the feelings from the city with regards to some of these activities. And I'm hoping that you keep the heart in the community in Capitola because it is a very special place. And it was mentioned earlier with Jojo's event. That is exactly why we keep coming back. So please make it a favorable of a situation and let us be collaborators. Thank you. Any other speakers on this item? I'm not seeing any. I can take it back to council. You have a question for staff. As we look forward and move forward, can we work on the prediction of how much these are going to cost? Slide that to the people that are put on these events to make them a little easier. So they're not surprised at the end of, you know, they get billed for other things. We all know that having public safety is the number one thing to have. But it is probably hard when they're getting surprised with, you know, bills that and over time, some of those things are always growing. So maybe we should make sure we're letting everybody know. Agreed. One of the goals moving forward is to send out a packet to all of our known event organizers so that they can see what the breakdown cost is. Sometimes unpredictable things happen and we have to hold staff over. But definitely being transparent and open about what that cost is on the front end. I agree 100% there shouldn't be surprises. And I would like to think it's the same people over and over that do the most volunteering would like to thank them for all they do. I just wanted to briefly add that that's one of the things that we're working on in revamping the special events permit process is sort of clarifying what's required of applicants and then what the city expects of applicants. So I'm actually glad to hear this input. It's very helpful in drafting the new, the new kind of permit process. So that's, we're working on it. Actually just have a couple of questions and a comment. So do we have a timeline? You probably said it on when this updated application process will be ready for since we have all of these for next year. Do we have a timeline? Right. What do we set? We set that. Go ahead. So our goal was to complete the update this winter so that next year we have a new process. In fact, our plan was to introduce the ordinance this evening and then actually have the first reading at our next meeting. We're not there yet. We hit a few little bumps in the road so there's a little bit more work to do. But that's the goal. The goal is that we have new applications come January, maybe it's January 15th that everyone can use for special events moving forward come the new year. And then the second part of the question is, and I'm sure it's in the report but just for our audience, the partners collaborating on the application efforts include PD, our attorney's office staff within your office, I'm hoping. Yeah. And as well as our rec division and our planning department. So then I'd like that to make sure and then community input. Not that we need to go out for a large but we have two very dedicated community members here who have who could offer a lot of insight. So I don't know that it needs to be a robust process but I think asking those questions to those who often apply could be really helpful. I think you're just looking for inputs right at this point to receive and oh and approve the recurring minor general special events. So approve the recurring list with the caveat that more could come. I mean that's kind of a weird. Yeah, I think the recommendation is actually a little bit more clear on the slide. Okay, I'll read it off. Although I will note that you know we're kind of in an in-between stage right now we are going to have a new ordinance for next year and this is following up on our old process this last year. So in a sense it's going to be different next year but the goal here is just make sure that if everybody's comfortable with the special events the way they were issued last year that's good to know and if there's one of the special events that needs more scrutiny now's the time to let us know. So I think I've provided my direction and then we'll see the process come back in January and if there's any additional review I think all of the events went well. I heard feedback from the police department about the parade needing a little bit more support that's just because it's so lovely and big. I don't know if the sip and strolls were on that list they probably were and I just missed it oh they are on here okay and those are that's my direction thank you. I was gonna say maybe this is a good time to share that there's a sip and stroll on lug so is that okay. So I just wasn't 100 clear if you're going to be providing the sort of the key for event planners to be able to estimate the price in police overtime for themselves or if the city staff is going to provide that estimate I would refer the latter so demystify the process as much as possible both really because I don't know how complicated that formula is and I just wanted to be clear to people you know the reasonable estimate of the cost of Pratt. Yes so the question is in there I yeah so that is the plan so we we work with the finance director that gives us a breakdown of what does a police officer cost what does a public works person cost and and then we provide that that number multiplied by how many hours right so and then that collaboration comes with the talking to the event planner how long is the event how can we support the event what does that look like and like Mary Beth mentioned so what are you getting and then us deploying that message back to the people that are assigned to that event so that their mission is really clear what they're there for and how they're supporting the event awesome that sounds great thank you yeah I think I just wanted to echo that after hearing just so that there's a clear line of like who's involved on that day and maybe what their shift is or whatnot just so that there's less gray area and more of like a collaboration I think would just be helpful on both sides um anything else okay I think we got it yeah thank you thank you okay so we'll go to seven C this is our capitol lifeguard season overview we will receive a report on the capitol lifeguard service season statistics and approve the proposed operation schedule for future summer and fall sessions welcome Brennan no one spoke from this mic yet today okay oh sorry I went I went to the podium first um all right evening mayor council members um Brennan hard and I are here tonight to provide a report on um our recent past season for our lifeguard service as well as um to get council feedback on um our operations that are moving forward so a little bit of a cool presentation um so just to start off I'm gonna burn myself off and um just kind of quickly reiterate everything that was just said some kind of go um as you just learned from captain Ryan that staff and many departments within the city have been working to review the code and policies regarding special events and that by the end of the year staff and friends to bring back to council revised municipal code that will hopefully also streamline the approval process redefine thresholds for special events and then ultimately review the cost sharing for staff time now to focus next on um specifically why we're here so capitol lifeguard service completed its um first season uh this for October uh as you may remember the city had previously contracted with the city of Santa Cruz um since 2012 and that this we're very proud to have this summer season been our own lifeguard service um much like how we had operated in the past in the contract that season was from Memorial Day weekend to Labor Day weekend and operated seven days a week um however additionally in response to kind of what we had observed on our beach um through the fall seasons we continued to provide service on the weekends until October 15th um in order to address or to be present for the weekend visitors that attend that are here as well as um the events each of you all are aware all capital event season so um next slide please all right now so through this process of developing our own lifeguard service um staff has been working with the United State Life Saving Association in order to become our own certified open water lifeguard agency and breaking news as of this weekend is that we have been approved as a USLA certified lifeguard agency this uh thank you thank you for that um so this is a three year certification uh we are our certification will be revisited next in November of 2026 um so hold on Julia so this um as part of our responsibility to the USLA uh we uh need to report to them regular statistics that occur within our ceiling this information becomes part of a national data collection that informs on um lifeguard operations in general and so um i'm gonna turn it over to Pen and Howard here in a little bit has been talk about kind of the overall role of a lifeguard service um how those statistics um play out and then ultimately what we were able to learn from having actual data that occurred on our beach so turn it over to Ben good evening mayor council members so first we're gonna start out fairly simple just regarding what our operation does so our two main things we do is community outreach and emergency response these are based out of our two towers as you can see tower one tower two tower one being closer to espanol park tower two being closer to the wharf we try to divide the beach in half but as you can see middle is not so easy um from there the zone of coverage for tower one goes all the way almost down to new brighton and about halfway up to the wharf and there's a zone of coverage for the water for tower two goes almost all the way up past hooper it's as far as that i can see and then as you can see there's also a clear cross where they're covering each other's water and helping each other out with that our community outreach comes down to a couple of things um to educate to guide and represent the city of capital now everyone that comes here gets to meet the city attorney or me to council member but i can almost guarantee that anyone that comes to our beach is going to be able to meet a life card um with that we get to be concierge we get to answer a lot of questions so and hopefully we can guide them before we have to do the second half which is emergency response which comes down to anticipation prevention and response so next slide so for our anticipation it comes down to some couple simple things we're going to talk about activities associated with drowning and high-risk populations so for high risk we got youth males race ethnicity and epilepsy for males it's like one in four for youth i think you're more likely to have a child drown than to or i think the next closest thing is birth defects and then it's drowning so very high risk next slide and then activities associated with drowning we have swimming boating diving and alcohol consumption so alcohol consumption specifically has i think i believe it's 70 percent of people that have found who have drowned had alcohol in the system whether they're youth whether they're adults whether they're male whether they're female they've had alcohol in the system next slide and that comes us into our next thing that we do which is preventive action how can we stop these things from happening before that comes down to public safety contacts and enforcement so for our preventive action our goal is to combat those who may not know they're in danger to a safer alternative with that immediate action with that immediate conversation next slide so public safety contact like i said is to educate beach goers that's all that we are we're just educators right um they can educate them on beach and water hazards unsafe activities water conditions or any other general information next slide and enforcement so although i'm wearing a badge enforcement is not my job my job is to educate so our all our enforcement comes in the form of education great um and our role in enforcement especially with partnership with pd is to inform the public on city municipal codes that they are either findable offensives or arrestable offenses so for us it mostly comes down to whether their own personal well-being or someone else's well-being is in jeopardy with that right and then if they continue to act on this in those areas then that's where we would update pd on any beach activity or specific persons that need follow-up on so that's our daily and this is something that i see every day is called watch tower so for us for me this is a digital command center it does all my legal documentation all my forms everything very simple but for what it does for the city is it does a stat keeping device right so it can do large correlations between external factors and calls for service so it can affect our it can tell me how our quality of services it can document our staff for usla and it can show us how we can protect our community in a more significant better way as well next slide so as you can see with our end of season stats our contacts are above anything else that we do we're constantly making sure that those people are safe before we have to do anything else and then trickles down through enforcement prevention minor medical aids and even above that is boats before rescues next slide another cool correlation is major medical aids and rescues by hour of the day bear with me here it's pretty hard to see but the top of the slide is basically midnight and it goes down until once again midnight so as you can see most people think our day would be kind of linear and spread out in reality it seems that every time at 6 p.m. we're having a major medical or a rescue so that can attribute to a lot of our overtime that can attribute to us having late nights having staffing that's coming home tired because we don't get to choose when you go home next slide our next one is calls for service and air temperature so as you can see as the temperature rises so do our calls for service there's more people on the beach there's more to do there is a small discrepancy here we didn't it wasn't that hot this year we didn't have many of those severely warm days but i'm sure as our data grows we'll be able to see those correlations with it next slide and then one of my favorites tide height and by rescues and assists as you can see it's very right leaning the higher the tide typically the more dangerous the situations get the less options people have so whether they're up by hoopers and they're in a pocket cove or if they're down at new brighten and they're getting swept by this longshore current their options are severely limited just by their land access so as you can see as the tide rises and there's less land it has a it makes my job more apparent next slide the next one is swell height by rescues and assists as well as you can see as the swell rises uh we are doing more rescues we're having we're helping more people out making sure that they're getting home safe and now we're going to go into our monthly graphs so this is our april through october we're just going to quickly go through all of them so if you go next slide may start off really slow pay attention the numbers on the left as we're going to roll through these i'm going to try and do them nice and quick um it was really slow there wasn't that much to do next slide however june our peak days and may soon became our daily operations with a large spike as you can see in that junior guard competition we're almost we're contacting over 350 people that day next slide um into july right since the fourth of july kind of fell in the middle of the week we have two larger spikes where we can see our calls for service for contacts enforcement coming out in the beginning and the end of the both sides of the week um there's a small anomaly with uh on july 15th and 17th which is likely a weekend that was hot and then there's a huge anomaly with july 21st which i could not tell you what happened to be honest for august our day-to-day graph as you can see you can clearly see when school gets out right or starts when school starts right our beach tennis drops our contacts drop our minor medical aids drop but as the weekends go on you can see that every single weekend there's these large spikes right um august 23rd is an important one too because that's a wednesday so there's a large heat wave and this combined with swell we end up having a lot of contacts grasky's enforcement just making sure that people were safe that day and september so now that we're into september we're only operating on weekends right that's all you'll see so you have labor day this big spike you pay attention to the numbers on the left we're looking at what we're similar numbers like june right that shows our weather and capital our fall is warm so our labor day has a large spike our art and wine also has a large spike september 16th 17th and 18th i believe was raining so there's no spike there however the 22nd through the 24th was followed by another large spike and for october from here it's basically events that are running as well as correlations of tide and swell you'll see more correlations here than any other graph of when there is high tides basically we have these king tides on october 17th through the 21st as well as our swell height increasing which shows our rescues um at this rate we're kind of slowing things down so our contacts our enforcement all those little things are windowing and i'll throw back to nicky thank you so much so as um hopefully you were able to glean from looking at some of those um data points is that we we had a really great learning opportunity as to what the activity is like on our beach what it looks like during that um mid august section when all when school starts again um and how the activity on the beach kind of shifts and changes and then what our weekends look like um during throughout the fall throughout our event season um a lot of this information is really informing us on where we need to think about the special event permit and policy and the questions regarding billing for staff as you learned from captain ryan's previous presentation we currently bill for staff time for special events and using the information that we were able to get from this data as well as the overall operation of having a lifeguard service it became clear that lifeguard services should be included in the event planning and be considered um regard during the billing process um particularly when an event will create a very dense crowd um usually those kind of events also are likely to include alcohol um as well as any events that might have a water element the size of that event is not necessarily the important factor it's really more about having a specialized lifeguard um or a lifeguard specialized for that particular water activity um next slide please all right so i'm going to take a little side step here and just make sure that you guys understand how um lifeguard staffing works for us so we typically talk about our lifeguard staffing in regards to tower one and tower two um but really what that breaks down into is that on duty there is a lifeguard lieutenant or supervisor and there are total of four lifeguards that would be working during that shift um there are two so and those lifeguards are typically assigned two per tower um this is the staffing that we have for those the major peak season during the summer um and we also can think about that through like how dense how busy we expect the beach to be um now there are circumstances on our beach where we need to think about the minimum staffing obviously it's a situation where we want to be able to have public safety um but the the crowds and the conditions are not of a high risk situation um we also have situations on our beach where we are um our resources are missing so we are a very limited resources for a lifeguard service and we have our towers there are um we have our ends in may sometimes in situations where the creek is unable to be closed early enough and we don't have the towers out there just yet because of like high rains or um we might need to pull the towers early um in october and so in that situation we're really thinking about having that minimum lifeguard staffing which is still that one lieutenant and two lifeguards um now in regards to events dense crowds um increase the risk and demand more attention from lifeguards that are on tower and so in that circumstance when we are maintaining that minimum staffing um but it increases that dense crowd increases something like an event or something like a weather event that might draw people um it really it really becomes necessary that tower two is in operation um and then also just as a little point of education uh there are circumstances where we might call in additional lifeguards ones that are not currently on tower um in order to support a situation some a lot of times this is like an emergency that requires additional staffing um but it could also be that like conditions have changed and the staffing is necessary in that case next slide please all right so in regards to um events and thinking about billing um if we talk about tower one and giving in mind that there's um that minimum staffing level of one one lieutenant or supervisor and two lifeguards that public safety direct cost is five hundred and fifty seven dollars for an eight hour day um if we were to look at having tower two operational in addition to tower one it is a three hundred and fifty two dollar increase for events there would be an additional thirty percent um overhead that would be on top of that as part of the billing and then um in the circumstance that we would need to have additional lifeguards come and support an event so in a circumstance where there was already a dense crowd and then a weather condition this uh kind of changed the dynamic of the beach um then additional lifeguards would be billed out at twenty two dollars an hour per hour per person with that thirty percent overhead and I will note for counsel that these rates are based on the current hourly rate and so as time goes on the all these rates gradually increase due to cpi wage adjustments so you can kind of think of the operation of tower one and tower two as a direct cost for public safety at nine hundred and ten dollars for the eight hour day next slide please all right so um as we kind of get into the recommended action um we're breaking this information into two parts we're going to talk about our summer season and then i'm going to talk about the fall season so for the um for counsel consideration for the summer season the recommended option is to operate as in the past memorial day we for a memorial day weekend to labor day weekend seven days a week operating both towers so it's basically no change um however we did learn that the activity on the beach kind of changes mid august and so we would um then adopt having the second half of august potentially reducing our staffing to tower one if the conditions and crowds are favorable for that obviously if there's something going on we're not sending them home um now alternatively if council wanted to consider operating for memorial day weekend to mid august from seven days a week that's as an alternative this would be a reduction of about 14 working days um and i would also just kind of note for counsel that this is only this is only an alternative because we kind of only have one season of data and so maintaining our status quo is definitely in our benefit uh next slide please all right and then as we shift to the fall season um the recommended option is to operate tower one for beach public safety so that we're there for anybody that shows up um and that scope would begin after the summer season ends and then until mid october and then events that require tower two staffing would be built for just for tower two so those two lifeguards that are there um and then any related uh callbacks to that event and i will very specifically note that if there was an emergency that required callbacks the event would not be built for that emergency it would be something that was really specifically related to the event um and then of course events that have water elements um alternative option is to operate um tower one and tower two for the beach public safety on those weekends and in this circumstance events would be built for water elements and only the callbacks that are specifically related to the event uh next slide please all right so the overall recommended action is uh to approve staff's recommendation of the operational schedule for summer and fall lifeguard service and with that we are available for questions thank you when you say that the events would be built for tower two staffing is that or general events or minor events or both um so that's definitely a bigger part of the threshold conversation that still needs to be had um but some of the factors that we would specifically be looking at is whether or not that event is bringing in risk factors um for our beach so is it bringing in really large crowds is it bringing in really large crowds that are drinking um those kind of risk factors would be part of that evaluative process okay um okay i think uh everything else i have is a comment um and maybe this is so this is a question but i think it's going to be more worthwhile for the agenda that's passed because you um i don't see up here which would have been helped was how many of our events are outside of the range of your staff recommendation today i think it's going to be important in analyzing the updated process for us because i don't know how many you know maybe i would say i wanted through end of october instead of mid october or something like that um if there if we were to encompass another event hosted by the city so a kid could potentially not be as expensive for somebody who wants to have an event does that make sense so i don't know that information was provided here or in the other item but so i guess let me rephrase that question are there any events outside of your recommendation that the city hosts out of our large what was it called our larger our event schedule that Sarah presented earlier yeah so are you going so so if i if i understand your question are you asking if we if from memorial day weekend to mid october the full range of what what we're talking about here are there any events that are outside of that that would not be addressed right so because i think your end date oh now there's my mic it came back on um that i think it's your recommendation was mid october is that what they can you bring up the yes and and so to to be um specifically clear about why mid october was chosen for us is because of that's the time when things start to get a little unpredictable regarding our towers and where and whether or not they're going to be able to be on the beach or how the just whether or not we'll be able to be there but i'll let sarah chime in on the overall invent calendar aspect of your question right so we yes the answer to your question is yes there are a couple of events that would fall outside of that date like uh for example when our waves the first responder serve contest yep um are any of them through end of october so i can say if this recommendation is easier if i can encompass a few more events to save costs for our community members who want to have events am i making sense here that i could say begins after the summer season until end of october would there be any events too um so i know like the sip and stroll is this week we're in november so obviously it doesn't apply it doesn't apply so if you were to request if i'm understanding correctly if your request to extend it to the end of october that would cover events we're very event heavy in october so do we need to extend that there's my question well i think i think in particular the events that captain ryan just listed um they are events that do have water elements and we would still consider them in that water element aspect and provide um and provide the services to the event what this is specifically talking about is that during that time that we would provide services to the water element our public service aspect would not be operating right right so we and we may not even have towers available due to whatever the conditions are um so we would still work with the event planner but the public service piece of having lifeguards on the beach for beachgoers who have nothing to do with the event that would not be present right and so i guess it's more gonna be of a comment later but i'd like to see a tower up still for like the capitola parade when we see 200 kids hit the beach is that something that we can do tonight by extending it from until mid october to the end of october is that would that be something i could ask for challenge with setting our regular schedule up through the end of october is probably a third of the times the powers need to be off the beach by then um then why are you asking us tonight i'm just curious what the question is so the primary question i think we're trying to get to so this was an interesting experience for us this fall because you know the way the police department operates for special events is they had the regular staffing and they take a look at the regular staffing and when there's an event that has requires more than the regular staffing that's what we charge the special event organizers and so the issue we bumped into this fall was we said okay special event it's happening on the beach what's our regular service level this week and none of us knew because we didn't have a regular service level so the purpose here is in some ways is to try to set what our regular service what is the service we should be providing on our beaches and then and then we can kind of use that to figure out okay that's on the city that's the regular service and then what goes to the to the event organizers now at the end of the day it will be a policy call for the council to answer is about do we want to bill for these services to the special event organizers we don't have to do that there are some cities that could say look well i guess i shouldn't defer there may be some legal implications there but we could say let's have a different rate or other things so there are other ways to get at maybe what you're getting after is trying to reduce costs for special event organizers potentially but what we're trying to do right now is kind of just come up with like this is our baseline service and so we know what that baseline service is it gets a little bit harder for us to commit to a baseline level of service through say halloween just because it's sort of the way the weather kind of rolls in that time of year usually so i didn't so my question then is i didn't see any reference to too much from your presentation on weather i know it was really warm all the way up until halloween for the last well i have a nine-year-old so for the past nine years halloween been pretty darn warm so how did you did you look at weather at all when you were coming up with these i know this last year this is our first year looking at it this kind of but was that taken into account instead of doing mid-october to the end of october and i'm only using that as an example because i just wanted you're asking us a policy question of when do we how long should we have this for you know yeah um so yeah definitely weather was a large part of the consideration and the public service piece of what is before you is why it's why it's even being considered because it's very clear that we do have a regular flow of individuals that are coming to our beaches because the weather is still nice they're just coming here on the weekends as opposed to have been coming during their summer vacation and so that regardless of what's happening or events during that september and october season uh this is proposing that we are providing that public service by staffing tower one through mid october and and then what city manager jamie goldstein was saying is that the conditions on the beach become variable and we're not we can't always be assured that the towers will be present but i mean we had lifeguards out after that october 15th date just a few weeks ago because the conditions were necessary for us to have staffing out there so just because um we're we're setting these parameters doesn't mean that our staff isn't going to go when necessary yeah i'd like to add to that our request a little more it is important that you probably have staffing through october because october is one of our nicest months out of the whole year even if we don't have a tower due to the waves and the eroding beach but if we had service through the end of october i think it would be important and then add when there's extras and then to go from there but so maybe maybe what i'm here in the council suggest is that we extend the regular season through the end of october and we probably just need a caveat in there that you know it may have it may not be feasible to have the towers out through the end of october but our plan is to have the regular service through the end of october that is that what i'm hearing that was my recommendation is that we extend extend it to the end of october we know we've had pretty great weather we know that there's a lot of people here regardless of what events are occurring we just know that there's a need in the community to have you all on the beach for a little bit longer we're lucky enough to have good weather through october i think the caveat's great um and i think it's important that we say that today so then when you go back to the updating of the process it's clear that we have towers on the beach from this month to the end of october and it's really clear because mid-october can mean anything you know can i say that i feel like are we getting hung up on the whole tower situation like if for some reason the towers do need to be removed for whatever reason but we do still have presence of our lifeguards i mean that is is that part of this is that okay or is that to like gray gray area i don't know no i i that is correct yeah that that if conditions required us to pull the towers because we never know conditions could require us to pull the towers at the end of september right um but that we can plan to staff every weekend through october um even if we are shortly limited on resources and then is there ever the case where you guys like call people off if there's like not if maybe only the supervisors needed or that would if we would reduce staffing if it wasn't just if you know if the event isn't going to be heavily attended or the weather permitting yeah i can elaborate that a little bit um whether permitting we will reduce our staffing level but we'll like what niki was saying earlier we'll keep people on call back so they're off for the day but they're expected to stay close to make sure that their phone's on basically so we can if we need them they paid for that um not necessarily it's kind of like how paid call service works so it'd be like you're off for the day you don't have necessarily accountability to come back immediately but we have a list of people that are on call for that day okay okay thank you yeah and so my last question is about the overhead is 30 standard for all of our programs or is it just 30 overhead for the lifeguard program is that our fees and all of that sort of stuff oh we gotta pull in the we've it's been a while it's been a while all right anything mayor and council yeah 30% is the standard overhead rate for all of the fees that we charge in recreation i think that's pretty much what we're using in PD right now um if you recall we're also doing a fee study right now so that may change okay the result of that okay so this could potentially change for the next year in terms of the overhead costs okay thank you nice to see you i have a question um is the staffing change at all depending on if the towers are able to be on the beach or not like the staffing requirements were an event lifeguards yeah so um we will during that term of service we will always try and maintain that minimum level of staffing that one lifeguard lieutenant or supervisor and two lifeguards um depending upon the type of event how dense that crowd will be or um if the circumstances required additional then yeah we would the event with the event we would plan to add two more and it would be hard i would imagine if we didn't have towers but we would still try and maintain that um level of staffing same yeah then um are any of the minor events uh would those be required to the additional tower tower two or is this just for general events i i think that that some of that work still needs to be done but i mean if we look if we look at the data that we had from this past year um you know the if the events stay the same then we can kind of easily point them out um my understanding through the special event permit process also is that sometimes events have been elevated they have started off at a certain level and then because they were such a popular event then they got elevated and so i think within that process too you know if if we're considering it's already been a minor but then suddenly it gets to be a larger event then we would be considering lifeguard staffing in a different way in response to that so you're basically going to develop a table with thresholds of how many people require how many personnel that has been part of the conversation yes there's there are two events two minor events operation surf and good friday paddle out but those events are different i mean i think it's always good to think about like the events that are in the water you know they make a minor event but we might need to have two lifeguards for them and there are events that aren't in the water right but there's just the village is packed everybody's drinking it's a big party and we really need to make sure we have a lot of staff on the beach so that second category of kind of things i think those really yes it would need to be a major special event before we're talking about stopping up power too could be a minor event may need lifeguards but that's probably because they're people in the water yeah okay um so i just want to clarify um so it was mentioned that this is about events happening on the beach but i'm assuming that means close to the beach so i'm hoping that we can have some kind of objective standards at some point of does that mean any event along the esplanade does that mean any event in the village does that include upper village um because i heard someone say something about the sip and stroll and just off the top of my head it doesn't seem like the sip and stroll needs a lifeguard city clerk can we get the the slide that showed the data for the summer visitation and contacts i think that that that i think that might help help explain i think when you start to see the the event and the data that's i think the threshold that's the kind of threshold we're thinking about that would be incorporated into our special event permit yeah that's what that's just what i'm hoping is that at some point we will have objective standards and is this number of of people it is this far from it is this many feet from the actual water um and you mentioned objective you know risk factors as well right objective standards for risk factors the size of the crowd is this in a bottomless mimosa event where people are just drinking all day and can go wherever they want or is this a there's a five drink limit you know whatever the case may be yeah can we get one more one more data there we go so i think when we look at the data for september you can see where the special events lie and i think you know the second most busy weekend that we had all summer was the art wine weekend and so that's i think what we're talking about when we're talking about the data the event is showing up in the data right i understand that the event is showing up in the data but what i'm saying is if we're asking if we're determining how much staffing there needs to be of a lifeguard and what we're saying is well it depends on the risk factors and it's happening on the beach well there's no objective risk factors that we are checking a box and saying this it meets this risk factor it's a crowd of over 200 it meets this risk factors there's no limit on the amount of drinking like art you know art and wine you can buy as many tokens as you want so i get that that's a risk factor right sip and stroll you can only get a certain number of tickets so it's not an unlimited drinking day and then also art and wine does go all the way up to the esplanade sip and stroll as far as i remember there's no shops directly on the beach that are serving so you would be one street back so this is what i mean is if we need some kind of check you know check the box and not just someone going well this is an event near the beach so we might need more lifeguards because then there's no way for people to know you know if they're going to be subject to this lifeguards additional lifeguards or not yeah so um creating sort of objective uh criteria by which both staff and the public know when certain events will require lifeguard services what types of information they're going to have to provide to the city to obtain a special event permit all of those sort of objective criteria is part of the process that we're going through right now and doing this whole revamp so our goal is to come back to council with a clearly organized set of procedures that are going to allow it's just my hope is that it'll just make the whole process a lot clearer and it'll make it very obvious what types of events can take place in these areas what types of information the applicant applicants will need to provide and what services the city will be requiring and providing for those events okay and then final did i hear correctly that we're billing nine hundred dollars a day did i hear that right or did i just for lifeguard services yeah i thought i heard something somewhere about like nine hundred dollars a day so if you the if you that was for the second tower yeah if you look at the city's direct cost that that total um but no the there's the portion of that that the city is responsible for as the public safety aspect which is the tower one so that one lifeguard lieutenant supervisor and two lifeguards the addition of tower two that would be necessary to support a large event um that billing the direct cost is three hundred and fifty two dollars with the thirty percent overhead and then any additional callbacks that might happen would be billed at the per hour per person rate of that hourly person less the thirty percent so it would be nine hundred dollars i'd see nine hundred and ten and twenty four cents um if there aren't if tower one is not set up if it's outside of that october window then you would pay the whole nearly thousand dollars per day as of today we don't have any events outside the window that necessitates tower one and tower two so i think i think i think the best way to think about this is that we'd be going first off a lot more service than we've ever provided in the past right we used to be seven days a week from memorial day to labor day now we're going to be able to provide services through the fall of the weekends which is a great benefit for our community and for public safety and then the plan right now as i'm i haven't heard the motion yet but what i'm hearing most of the council members say is let's plan on regular service on tower one through the fall and then what staff is proposing is at this point it's probably just one event that would trigger the thresholds for tower two service and that would be two days of tower two service at about what is that about four fifty a day um for that one event um so do you need a motion today because it sounds like your receipt getting a lot of direction and this is for summer and fall and we're waiting for the criteria all of it to come back to us which would be inclusive of the lifeguard i do you want to also just remind the council we haven't taken public comment on this item that was um but that was another question we would prefer to be able to set the schedule for lifeguards and then i mean the conversation about the special events is obviously much broader but the purpose here with the kind of set our sort of typical schedule for our lifeguard services um so that that is done that is our preference i have a question julia could you pull back the art and wine slide did you want to see the the data yeah the data my question was i i can't really tell the color difference between those it looks like it's like purple orange and red um and those three humps on the three weekends look like they're about the same value except for the contact is much higher but are those three different colors i can't tell from here um those like what do those represent yeah i can help with that so they're they're that light color is like a yellow and that's the highest point there not the yellow um and that is representing the number of contacts that occurred and then the cool um and then the the lower one there which i can't even tell it it's probably red or pink um is uh enforcement that missing person for all three of those humps no it's not missing person it's enforcement no it's enforcement okay and all three of those are the same and all three of those yeah so you're approximately the same yeah each one of those high points on that graph the top one is of yellow is contact and then the one below in that red color is enforcement what was on september 23rd what was that event the 20 22nd to 24th it looks like oh okay so that was a big event okay yeah i was just unsure if those were just like kind of normal weekends compared to the art and wine because i think like the art and wine really goes to show that if there's a ton of more people you have a lot more contact but that doesn't necessarily mean that we need more lifeguards right i think if we're basing the need for lifeguards you should base that off of the need for you know enforcement minor medical aid missing person prevention but i mean the contact doesn't really seem to correlate to those actual needs but please you know feel free to respond to that if that assumption is incorrect thank you yeah um the purpose of a public safety contact is to directly prevent something from happening so for me um what i was introduced to as a guard which is the culture has changed significantly was that you're not going to talk to someone unless you have to i have obviously destroyed that in my lifeguard service i don't think it's productive whatsoever but with that it doesn't mean that we're not going to talk to people for the sake of talking to them we're talking them for a good reason most of that time it become it comes down to them either doing something simple like playing on rocks right if you combine that with the art and wine festival maybe they're inebriated now they're cracking their head open right that for me is a statistics that's a tick mark so every little contact whether it's big or small those things can ripple down into much larger things so even if it's a 20-foot day at capitol and we're coming up and talking to someone saying hey what's your entry and exit strategy that's a contact so it's a very broad spectrum so i understand how it can seem like that's not a big deal it can be brushed over but the more we can do those little things the better our service is and it makes my lifeguards safer say that it does have a very direct correlation to injuries and yeah yeah it was just interesting that the art and wine has such a higher level with a similar level of incidents but a much higher level of contacts why can you give any idea why that might be it probably comes down for i wasn't there that day but i would assume that came down to education of beachgoers on the effects that alcohol can have in your system when you're in the water right we pulled up that stat initially that all of everyone that drowns 70% of those are under the influence of alcohol whether you're a child whether you're an adult whether you're male or whether you're female 70% of everyone that's drowned in the US has out had alcohol in their system so personally like for us it's like we love that you get to enjoy the beach but we need you to respect yourself and others in these parameters so i would assume that it came down to them making sure that those people are acting appropriately and staying within that public safety boundary yeah thank you well the attendance of that event is much larger than like the beach festival any more important comment but any other questions from council okay public comment thank you i love data that's good stuff i watched this man during that high surf uh in october i saw him in action i was deeply impressed and i told him so later what i'm not impressed with tonight is we've gone from an insufficient lifeguard service we knew that and great steps have been made to improve on that and i'm very proud of our community for doing that so we're going from this to over here fine it's more safety on our beaches but we're talking about september and october the two best year best months of our entire beach season and i really challenge that data to really support that many of these special events are driving the costs of the people being on the beach and driving the people to come to the beach i'm sorry we live in a beach community it's a popular beach community it's particularly popular for people over in the valley it's a busy place we have an entire tourist community built upon that please make this a general fund expense make it a general fund expense if you feel like you need to staff up please do not put it on the backs of the non-profits many of which are only out there to bring people to capitola to enjoy capitola we've moved our festivals to those two months because we were asked to get off the summer because the village wanted us there please don't penalize us thank you i agree with lori first of all i know a lot about the art and wine i've done it over 20 some years and yes we do have trouble with your alcohol but i think it's interesting that now we're finding it's a problem with the lifeguards and we've never had that problem before uh so you're talking almost a thousand dollars per event that you're raising the event permits for and these we barely we make no money on the beach festival and labor day and the beach festival were the same the begonia festival used to be on labor day great the businesses asked us not to have the beach festival there anymore so we moved it to the end of the year the whole point of these vest festivals is to bring business people to bring business into the village the sip and stroll that's the purpose of the sip and stroll the october 5th that was on your list well joe how was the surf that weekend it was the best they had that's why we had all those surfers out there they weren't there for the event they were there for the surf so how do you judge what the people are there for so if you're gonna have all these events pay it's backed what lori said originally you're acting like you don't want the events within the community so i think the general fund is a great idea to pay for this i think you should have a longer beach time anyway with the lifeguards because our weather is better i mean you know start in you know june instead of may nobody's out of school till june anyway but anyway that's just my point and i feel that you guys will do what you have to do in the best but if you get to the point where your fees are so high all these events will have to go away because our sponsorships are not coming through anymore and businesses are hurting and we are struggling to continue thank you thank you i don't see any other members of the public here any other comments from council i'll approve staffs the recommendation for the operational schedule for summer and extend the fall through the end of october for lifeguard services i'll second for discussion because i have one more question do we have an idea or would it be possible for us to get an idea when all the event permit stuff comes back to us of what the fiscal impact would be of not charging for this yeah 100 i mean i was thinking that same thing we're getting the public comment it's really a separate question um but we can bring that information and you could make the call i mean at the end of the day you know it's not me or niki that's paying for the lifeguards in one case or somebody in the audience vendor organizer paying it's either residents pay it out of the general fund or the event organizer so that's a policy question that we can have when we talk about the scp's themselves yeah i wouldn't definitely want to revisit i thought it was a really interesting point that the events were moved from summer to fall and because if we implement these the structure during fall and then the events move back into summer then we just have a dead period in the village which we definitely don't want right so it almost yeah definitely i think could use some more consideration thank you just wanted to comment on how lucky we are to have our own lifeguards um on that big swell that we had it was the middle of the week when no lifeguards were on duty and the chief saw how big the ways were and how we were stopping people from going out and saving people from getting washed away on the beach and our lifeguard showed up so we wouldn't have gotten that if we were still with the city of sanikers so that's great good stuff so we have direction and emotion maybe we have council member brooks hi council member clark hi council member peterson hi vice mayor brown hi america sir hi thank you passes unanimously so we'll take us down to item seven d the citywide housing element adoption do we want to take like a two minute a a restroom break okay brief little break we will start back up with seven d our housing element welcome back director hurley thank you thank you mayor and good evening council before you tonight i'm very excited to be presenting the adoption of our housing element next slide please um so tonight's topic so we'll be talking about what is the housing element we've seen those slides before so i'll go fast through those uh where we are in the process with hcd update and adoption introductions tonight we have um from rm design i don't think brett stinson's not on the call tonight uh he wasn't able to make it but we've got veronica tam of veronica tam and associates and then we also layla sure of denash uh from berks sorry um and layla's been a big part of this team as we've moved through this i've added her to this slide because um we couldn't we couldn't be where we are today without her so next slide please so what is the housing element it's one of the eight elements within a how within your your seven required elements within the general plan and our deadline to complete our housing element and have it submitted to the state is december 15th and it really plans for how we're going to provide housing um as we know is needed in capitol next slide please so where are we in the process tonight we're here to discuss adoption of our housing element um next slide please this slide's very important there's been a lot of public outreach during this prop um during this process um thank you all for going through like being active participants through all the presentations through the past year we started off the stakeholder meetings we i was thinking tonight about that joint planning commission and city council meeting that feels like forever ago um so a lot of meetings lots of opportunity for the public to to provide comment which they have and which has been incorporated into the document next slide please um we're now on to our sixth draft of the housing element so here here we are these are all available on our website if anyone's curious and wants to look back but they're all there um next the planning commission at our last meeting on we had a special meeting on october 19th during that meeting meeting there was a unanimous recommendation that the city council adopt the housing element we received comments from hcd prior to this meeting that were that the planning commission asked us to incorporate into the housing element so in the latest draft that you've seen with the green highlights all of those green highlights are relative to those comments from the hcd and planning commission recommendation next slide please um so since the planning commission recommendation we actually got more comments from hcd which i'm going to present to you tonight um and we've updated the housing element with a new color gray of highlights for in response to the hcd i think we ran out of colors for our highlights so ronda gray um so one item was to update the religious facility sites we had to clarify exactly how we got to those numbers and also to add a commitment to re-evaluate in 2027 if we're not seeing progress there also with the mall they also asked us to um add that within our strategy for program 1.7 to state that we'll look at additional strategies including rezoning if development is not achievable so we've added that to the latest draft and then in on the state sites they simply wanted us to reference the surplus land act so that is in the updated draft next slide please and then um this slideshow changed from last night to today um because we did receive a comment later letter late in the afternoon yesterday from relone guyer the owner of the mall and i just want to clarify a few items there so within their letter they um they said the city our assumptions were based on their 2019 submittal the housing element is over 500 page or it's just under 500 pages i think and there's a lot of information in there and i don't think they um they maybe missed the sections of where some of our estimates came from but there's six different um examples in there of developments that have 29 units or more that are under the 40 foot height so it is doable we do have evidence in there that those that our arena can be accomplished within the sites that we've included in our housing inventory so um next slide please relone guyer also commented on um we have a new program 1.7 for the mall redevelopment and um they commented that we've got a a commitment to do our land use study which is underway now it should be completed in probably february or march of next year um so early next year and they commented there's this study happening but then there's a new commitment for 20 27 reevaluate reevaluation and what that was missing and i've highlighted with the arrow is we're committed in 20 by 2025 by december of 2025 to update our zoning code to incorporate what we learned from that study into our into our code or whatever type of um action needs to be taken at that time if it's a specific plan or some other tool outside of the code but that commitment is in there so we're um putting those response comments to those last two items will update the housing element to have responses and clarifications on those two items and then lastly go to the next slide um relone guyer listed three items that they'd like to see us take action on one is an increased maximum building height to 75 feet um in response to that the land use study we'll look at that we'll look at increased height um the second thing was floria ratio to 2.0 and to exclude parking from the calculation um it's my opinion that within our existing code is if you're doing more redevelopment that's you it's a community benefit it's listed as a community benefit so therefore they would be um allowed to use the 2.0 far um we're suggesting tonight that we clarify that within the update to make it really clear that redevelopment would get a far of 2.0 and then in terms of excluding parking from the far calculation that's something we should look at in our land use study but tonight i'm not going to recommend that we include that at this time um i think it should be studied and then establish a minimum density of 29 per unit right now within the regional commercial there's not there is no minimum density and there's no maximum density so um we see that as uh very developer friendly in terms of you need to build within the height and setbacks and parking requirements of the code but there is no density limit so if you want to do a lot of smaller units you can achieve higher densities um next slide please so on this slide i have the staff recommendation for this evening i also have i'm quickly going to show you a pdf of the changes just so they make it into the record for tonight for the document so this is where you'll see our new gray highlights on the latest changes so okay so the first one is just the first two slides are just referencing the responses that we're going to include to marlon geyer those are the first two slides the next slide it was just a reference to um i think the state requirement for the surplus next slide please our next page this um is just adding that for the mall redevelopment that will will within the strategies will include but not limited to rezoning to meet the arena if necessary in 2027 next next page this is the just our commitment to reevaluate within the um the religious sites if we haven't met our yeah if we haven't met our goals this one i'm not seeing any gray so that might have been an accident and this is just the reference to the surplus land act that the hcd asked us to put in and this is how we came up with our numbers for the religious sites so the it's 8.7 units per acre and it turns out to be 10 units total between two different religious sites next and this is again that reference to the 10 units total um which was developed with the assumption of 8.7 dwelling units per acre which is our our one zone i think that's the end of it so with that if we could go back to the slide staff recommendation um tonight we're asking that you move forward with the staff recommendation there's three steps to it the first step is to adopt the addendum to the general plan eir and the sixth cycle housing element and then goes into more detail about the the changes that i just brought up and also to authorize the community development director to make non-substantial changes to the housing element for hcd certification the second recommendation is to update the attachment to to the resolution to reflect the edits to the text on the pages listed as well as the recent amendments due to the mall um amendments and thirdly to direct staff to file a notice of determination and submit the housing element to the state of california first certification and because this is a very cumbersome um a very long staff recommendation tonight it would be appropriate to move staff recommendation unless you have any changes to the recommendation and with that i'm available for questions questions i just have two quick questions um great job i'm glad that you addressed the marlon gyre issues um first question is when is the land use study going to be completed so the land use study is underway currently by cosmon and we will um move it'll be completed we first want to get our housing element certified uh that was direction given at council during the last meeting and then following that will begin the process of meeting with this um the technical committee and making the study public so right now they're doing their fact funding and research it's probably january like yeah spring yeah really perfect thank you welcome that's it i know that um they were related they were both answered my question is about the 2027 follow-up date for the religious sites um do we have a general goal of reviewing our progress just for the entire housing element are we what date is that so so annually we have to okay review our housing element so i'll be doing the annual review it happens um i have to submit the update to the state every april 15th or maybe maybe it's april first but are you concerned that we're we have i mean we do it annually is it a problem to have a 2027 date just for one portion of the housing element there that were identified you know what i mean it's just kind of interesting that they would just want to be highlighted for that particular for those particular sites yeah i think these are two items that the hcd is very concerned about so there's new legislation that passed regarding religious sites more recently um so i think they want to have us relook at that and um so i think it's more just to make sure something's happening on those sites where they're putting a lot of emphasis there on the state right at the state level right now in terms of the mall it has been a huge focus and it is a lot of our units that are called out for rena so i think that that's why we're also checking in for the rena and i know that we try to stay away from things that are too specific like years possibly do you think that will be a problem when um by approving tonight housing element with those two items being so specific for 2027 no i think it's a good time to check in um the first three years are really when we have to implement all the strategies that we've outlet that we've laid out and we have something like i think 79 items that we're committing to some but there there some of those are uh the continuation of things we already do within our code so um but 2027 will be the right year once we've checked all the other boxes for the other okay that's all thank you one more question um so i'm curious like when what would be the timeline if we did need to change like the height or something like that based on the study like sure so if how long would it take yeah so if the land use study came back in we'll say february and it said that we should move forward with a modification to the height it would require that um we go through a process that we involved the planning commission for a recommendation to the city council and so go through going through like the city council adoption process which i would estimate we're probably going to do a package of things at that time um so maybe the best case scenario is somewhere between three three to five months but that's a really best case scenario and then because the mall site is not in the coastal zone it would it would take effect immediately after that three to five months if we had really substantial changes that required an eir then that would be a longer process because we'd be hiring consultants to um if we were to do a specific plan for instance if they said that is the direction we should go that would require an eir you're actually like entitling the the property and that would take a lot more time so that you're looking at like i think a minimum of a year for a specific plan if not longer middle 24 and the beginning of 25 something yeah but zoning zoning changes that wouldn't require an eir would be that like three to five months that's great thank you don't see anybody here for public comment so we'll take it right back to approve staff recommendation second we're done sorry i got distracted by the screen uh we have a first and a second may have a roll call please council member brooks hi council member clark hi council member peterson hi nice mayor brown hi and mayor kraizer hi passes unanimously thank you thanks for all your hard work thank you i'd like to just clarify um that i'm not sure if everyone saw on the agenda that public comment would not be taken through zoom this evening um and just wanted to clarify that thank you but that there was a public comment period that was open and closed just prior to the vote so thank you thanks okay seven e this clear 23 24 city fee schedule good evening mayor and council yes this next item before you is an amendment to the 23 24 fee schedule next slide please um so just by way of background as you know i'll know we review the fee schedule each year and this year we adopted our fee schedule on june 22nd of this year 2023 that same evening we also adopted ordinance 1061 which was an amendment to the local to the lcp which um was requesting an increase to parking meter rates that ordinance needed to be certified before we could actually increase the rates and we kind of wanted to time up the rates with the permits um so we received certification on the ordinance in august and now in order to implement the last recommendation from the temporary village parking committee is to amend the fee schedule the parking permit program as listed up there so the transferable permits for hotels and motels would increase from 50 to 365 surfing coffee permits increasing from 50 to 55 and the number of permits issued for surfing coffee 75 to 100 and again these are all the recommendations from the temporary village parking committee and with that the recommended action is to adopt the proposed resolution amending the fee schedule and i'm happy to answer any questions questions anybody have a comment no okay celebration comments to adopt the resolution amending the fee schedule for fiscal year 23 24 i'll second that we have a motion on a second maybe you have a voice vote please all those in favor say aye passes unanimously thank you moving on to seven f amendments to title two administration and personnel recommended action tonight is to introduce by title only waiting for the reading of the text and ordinance of the city of capital amending chapters 2.04 and 2.08 of the capital municipal code all right good evening mayor and city council members i am back to present you with this ordinance amendment just as a quick background refresher the city clerk is tasked with the maintenance of the city's municipal code as a general best practice reviews are recommended for all sections of municipal code so this is something that i would encourage you to expect moving forward it's one of staff's projects to kind of take a look at the code and make sure it's up to date so before you tonight is a review and a recommendation to revise title two which involves 16 chapters including chapters related to the powers and duties of the city manager and the city council as i mentioned regular review of city codes is considered a best practice because it allows staff to identify outdated or ineffective provisions or language in this case staff conducted a review and identified several areas that they recommend for update as a part of this review there's also an administrative policy policy i-15 called agenda preparation which details all of the individual processes for creation of a city council agenda the entire policy is out of date and pertains to a practice that is no longer implemented in a software that's no longer in use so staff would recommend repealing this policy once this code update takes effect a brief summary of changes the first section is referencing the city council the city council elected to make a change from mayor pro tempore to vice mayor so that would be a change reflected in the code language there's also an updated adjournment time from 7 p.m to 6 p.m because of the meeting change time and we are also recommending removal of the language regarding the appointment of standby city council members as this is a practice that's no longer used by our city council continuing this summary we also want to quantify current practices for public participation in meetings so this is something that is currently in effect we use this language in our agendas and we tell members of the public that this is how they can participate in meetings in the public comment and so staff recommends putting that language into the city code so it's really clear how members can participate on non-agendized items and agendas items on the agenda there's also language added into the code about how items would be pulled from the consent calendar and how the city council would be the ones making the decision to pull those items as a part of their motion in addition there's several minor changes throughout the code chapter some updates to the city attorney chapter to reflect current powers and duties the public works director appointment had referenced a practice from the 1970s that the city manager when act as the public works director it's no longer recommended and so we removed that the director of finance there was some old language referencing the redevelopment agency that's also been removed and then the city manager there was an old bond requirement that the city manager would have to carry a bond the code had actually already previously been updated to remove that in a different section and it just wasn't aligned with both chapters and then finally there is old commission names that are no longer active that was also removed so the recommended action this evening is to introduce by title only waving further reading of the text in ordinance which would amend these chapters of the municipal code and I am available for any questions two questions one is for the public participation at meetings where it says if then a comment on agenda is I know removing the item for consent would be moved to the end of general but sometimes we may have it on a different agenda and so I'm just curious whether we want to be more so there is language within the code already that states that the mayor or chair of the meeting can reorganize the agenda with the concurrence of the city council so this would still be in line with that if the mayor or the chair of the meeting if you guys pulled an item from consent and then typically it would fall at the end of the agenda but the mayor has the discretion to reorganize the agenda as the council sees fit okay I'm wondering if and I can bring this back if we want to include that language in this or if it's necessary I guess I can ask you is it necessary to just be more general and specific in this are you asking if the council could like continue an item that's pulled from consent to another meeting versus putting it at the end I mean I I know that's the answer I'm just wondering it's really specific here and items see that removing an item any council member may pull an item from the consent items pulled from the consent calendar will be considered following general governmental items or government items I'm just wondering if we shouldn't be so specific here I think it would be reasonable for the code to read as it does and then the council has the discretion to continue an item to a later a later date okay thank you and then tomorrow we're here with your office able to look at these updates yes we reviewed them before publishing thank you thank you any other questions public no okay back to council liberation we have approval of staff recommended changes I'll second thank you for all your work on this good job thank you may we let's do another voice vote we're on a roll all those in favor say aye passes unanimously thank you that'll jump us down to item eight which happens to be adjournment so we will adjourn to the next city council meeting on November 21st 2023 at 6 p.m. thank you everybody for all of your hard work let's start right here it's a Tuesday meeting oh it's a Tuesday Tuesday meeting get it in there 21st