 Oh So I like to call the capital city council regular meeting for September 27th to order and City clerk, please give the roll call Councilmember Botthor here councilmember Peterson here vice-member trend here pledge allegiance So we have a number of presentations is anyone from the pans group here. Yes, come on up. So I'm gonna read this and I actually learned a lot from the presentation proclamation Yes, so this is a proclamation declaring pans awareness day whereas pediatric acute onset Neuropsychiatric syndrome or pans is an inflammation of a child's brain Triggered by faulty immune response the afflicted child quickly begins to exhibit symptoms such as obsessive compulsive disorder severe restrictive eating anxiety ticks personality changes Decline in math handwriting abilities and more Whereas nearly 1% of the pediatric population in the United States suffers from pans Including residents in our town Whereas misdiagnosis addresses the apparent symptoms But ignores the underlining infection and results in ineffective treatment Whereas without proper diagnosis and clinical treatment Pans can result in debilitating conditions that have a significant impact on the life of those affected Whereas families affected by pans Your children often experience problems such as misdiagnosis difficulty finding a medical expert lack of exit access to treatment and high treatment costs whereas every year on October 9th a Nationwide observance of pans and associated disorders is organized by patients medical professionals Researchers government officials and others to raise the awareness of this disease Now therefore on behalf of the mayor Capitola I hereby proclaim October 9th as pans awareness day and encourage citizens of this city Capitola to become informed and aware of this disorder and Like to present this to you Would you have some comments, please well, I just wanted to definitely say thank you and It really moved me like in the middle of an insurance shutdown and all of that to like get that you guys would Support us here at home Because when we go out into the world and people don't understand even though my children have been blessed enough to go from My pediatric Capitola pediatrics, you know for 40 years right to the pans clinic, which is a group of Doctors who are leading the consortium at Stanford like we have the best in the world And it's so really scary and it's so really tough and My children's symptoms are well managed and we still don't have a lot of support So it's really wonderful that like I feel like here at home that you guys are willing to be like one of the Leaders and follow the state and support us, you know in a very scary time like I've been a mother for 21 years and I haven't heard of anything like it and in 2014 my now 11 year old Was said to be permanently disabled that he would never ride a bike. He would never swim yet he's been a junior guard now and he Just performed like he's performing his first performance as a professional actor with San Francisco opera right like so how can I say that like with my son? It's like rheumatic fever and it attacked his muscles And so he will fully recover no brain damage or anything and his sister has more of like a female trait with like rheumatoid arthritis You know that kind of thing where it's like attacking her joints in her brain And it's really scary that like our prize of our family like the youngest sibling You know what will be struggling because my son was probably missed along the way and it's no one's fault and It just feels great to know that like my public servants and am I like are here for my family and In a misunderstanding. I think it was officer Gonzales like offered to Set up a safety plan to get my children with a private ambulance company No matter the circumstances to their doctors at Stanford so that if someone You know, she was in the care of someone who didn't understand that she wouldn't suffer inflammation and wind up special needs permanently You know, so it's really like Dear to my heart like that we live here We bought a home here and I feel like in this little section on the world in the world like my children are safe And I can't think you're not Thank you very much and let us know woman. There's more we could do So I'd like to report out from closed session. Oh, excuse me. We have the pink patch project Sergeant hello For those of you that don't know me and I have my back to you. My name is Sarah Ryan. I'm a sergeant with the Capitol Police Department I'm here this evening to Introduce our second year in participating in the pink patch project Say that fast a few times It's the pink patch project is a campaign to Create public awareness and bring attention to the fight against breast cancer and to support cancer research organizations in combating against this devastating disease the purpose of the pink patch Project is to raise awareness about breast cancer and the importance of early detention detection and treatment It's also to raise funds for cancer research treatment and education and part of the way that we do that Sorry, I'm actually on duty right now Part of the way that we do that is by wearing these commemorative patches and and selling them last year was our first year in participating in this campaign and We were able to raise 13,000 dollars for women care, which is located in Soquel For those of you that may not know what women care is It's a safe haven for women with any type of cancer to find mutual support find people with shared experiences or just open hearts So beginning October 1st We will be wearing the pink patches that I'm demonstrating in front of you tonight and We'll once again be displaying them for the entire month of October to honor cancer patients survivors and their family members The patches can be actually purchased through the police department and They people can go on our website to find them. I just wanted to add before I close that in Bringing out this uniform. It was it's exciting and pulling it out of the back of my locker I put it on and came out and first after my co-workers thought maybe I was confused about what day it is There's a familiar nice smile that we share with each other because we get to stand for something that we that's affected most people's lives and Just prior to coming to this meeting tonight. I had to I ran down to knob hill really quick and I was stopped three times in my Jolting through the parking lot with people stopping me so Also the the kind of the barrier that it breaks between us and the community sometimes this uniform isn't very inviting But the pink patches really kind of bring a level conversation and a familiar feeling between us and the community so it's just it's it's really nice to be a part of it again for the second year and and to share that excitement with the community and then also just amongst our Department so thank you for your support. Thank you for the to the community for the support and Spread the word Thank you sergeant and thanks for the department for you know putting this together second year in a row and I hope it continues Thank you. Thanks, sir. Thanks So report on closed session. Thank you vice mayor Bertrand the council had three items that they discussed in closed session this evening all council members were present except for council member Harlan who is ill? the first the council Discussed with Larry Lawrence and the city manager the ongoing Negotiations with the capitol of police officers Association Our negotiators provide the council with an update on those negotiations and the council gave instructions with regard to ongoing Negotiations, but took no reportable action out of closed session secondly the council discussed the City of Capitola versus Linda 3d veal Gail Pellerin The Greenway litigation concerning the trestle the council authorized but did not direct the city attorney to file an appeal in that matter and Finally the council Discussed an item of anticipated litigation in closed session where the count where the city has been threatened with a lawsuit They heard from the city attorney Anthony condati and the city manager and Gave The city attorney and city manager instructions with regard to that particular matter But took no reportable action in closed session, and that's the end of my oral report. Thank you. Thank you So with that we'll move on to the city clerk. Are there additional materials? Yes, we received eight public comment items for item 9a Emails in support of the project. Thank you With that do we have any additions and deletions to the agenda staff has no changes this evening Okay, so we're now at public comments This is a time for oral communications for anyone in the public that's here on Items not on the agenda you have three minutes to speak and if there's a huge line of people It doesn't go for long in the 30 minutes. Are there any people in the audience that would like to speak on items that are not on the agenda tonight. I See someone getting ready to come up. Is that true? No, okay. No one is here to speak on items So we'll move on to city council treasure and staff reports Peter Wilk Nothing this month Okay Anyone else from city council here? I have a comment, but I think I'm actually gonna pull an item on the consent agenda Okay, would you hand me that box over there? It's right in front of your cup. Yeah, okay Yeah, we have received an invitation from a small coastal town in Mexico about the same size as Capitola To enter into a sister cities partnership with them And I would like to ask for that to be on a future agenda for us to consider joining that sister city partnership Okay, I have two items one I attended a climate adaptation summit in Sacramento and I will be bringing some of the items I found Very interesting back to the city But a later date. I also attended with Stephanie Harlan the Cal League annual conference down in Long Beach and I was a part of a An award ceremony sponsored by the Institute for local government So I'd like to announce that the city of Capitola has received Platinum level award from this institution. It's the highest level award for reducing community greenhouse gas by 26% So this is an amazing award and this is due to the diligence of our staff and our greenhouse gas program The reduction program that we put in place. So I'd like to present this to Jamie So we have additional comments from Ed Yeah, I just want to since the mayor Termini is not here tonight. I want don't want to be remiss He would make this announcement. I'm sure just announcing it this weekend will be the first annual Capitola Beach Festival starting the morning with a mini wharf to wharf run and the regular events from the Old Bagonia Festival including horseshoe contest fishing derby Etc. And then the highlight of the festival will be the night Nautical parade lit parade so come out and join the first ever Capitola Beach Festival this weekend Thank you. So we're moving on to the consent agenda and you said you want we have a just very quick Quickly next week on Wednesday The third at 7 p.m. Here in the chambers the Capitola Soquel Chamber of Commerce will be hosting the candidates forum So the community is invited to come and hear from each of the candidates running for city council They are also invited to submit questions ahead of time so they can either email or call the Capitola chamber with any questions They would like posed for the candidates and the other election related item is as the council will recall in August you authorized electronic campaign filing today is the first deadline under that new program and There is a link up on our website so the community can just click on that and access all of the different Campaign committee filings and see where our candidates are getting and spending their money Thank You Linda. Okay So are we ready to pull I would like to pull or Don't need to pull it actually I just have a question can probably answered really quickly by the finance director for item D You get the finance director Thank you in the check register for the month of July 27th there I noticed there was a for our city a pretty large check check was equal to 10% of our net worth so it caught my attention And I realized this is our annual purse payment. Is that what this is for we we pay? Can you explain what that's about? So that payment was for the Unfunded actuarial liability that goes with our purse So there's two components to purrs the normal cost and then the unfunded portion and purrs allows us to either make 26 payments each pay period or we can make one lump sum payment at the beginning of July And we chose the lump sum payment because we save about $45,000 roughly three and a half percent by making that lump sum payment rather than spreading it out Okay, so that saved us $45,000 by doing that. Yes. Okay, great. Thank you. I'm not trying to take your job away Mr. Treasurer, but When I see the purrs stuff on those invoices, I just throw my hands up. Thank you for that Jim appreciate that Okay, okay, so are there any other items to pull so anyone from the public that would like to pull an item from the consent counter Okay, seeing none. Is there a motion motion to approve consent counter second second all those in favor. Hi. Hi, so passes So now we're moving on to the regular agenda Government agenda and we're here to consider an appeal The Planning Commission's approval design permit variance and coastal development permit for application 18-0184 Property at 205 Magellan So do we have a staff report with you? Thank you, mr. Vice mayor Bertrand and counsel This item is an appeal of the Planning Commission's approval of a design permit and variance for 205 Magellan Street So I'm gonna start tonight. Just say no with a little overview of The project that went to Planning Commission and then I'll get into the appeal so you have a better understanding of what's being appealed The applicant is applying for a design permit to add 1366 square feet of first and second story additions to an existing non-conforming single-family residence in the R1 single-family residential zoning district Application includes a request for a variance for the 80 percent permissible structural alteration limit for non-conforming structures Which I'll explain later because I know that's a big title This is the existing one-story residence in the Cliffwood Heights neighborhood The project includes the conversion of the existing garage into a master bedroom and a major interior remodel The proposed first-story additions include a new two-car garage and a new covered porch indicated here The proposed second-story addition includes a family room one bathroom and a small rear deck The proposed roof will have multiple gable ends on the first and second story with gable windows and vents and The applicant is proposing board and bat and siding for the first and second story of the new structure creating a uniform look The project is non-conforming because 21 feet of the existing garage encroach approximately 13 inches into the side setback as highlighted in red here on the existing home on the left and the proposed home on the right Based on that non-conformity the project is subject to capitol and municipal code section 17.72.070 for permissible structural alterations That code section states that if the cost of the improvements Exceed 80% of the present fair market value of the structure the proposed structural alterations may not be made For the proposed project the proposed structural changes are 99.5% of the existing structure Therefore the applicant requested a variance for the 80% standard The parcels on Magellan Street are large by capitol standards with most of them being 6,000 square feet or greater Of the single-family homes located on Magellan Street all of which require between six and seven foot side yard setbacks All appear to be non-conforming due to a portion of the home being located within that setback area This is a result of the design standards being different at the time the structures were constructed The planning commission was able to make findings to support the variance because one an encroachment in the side yard Is a privilege enjoyed by other properties in the vicinity and under identical zoning classification and To the grant of the variance permit would not constitute a grant of special privilege Inconsistent with the limitations upon other properties in the vicinity because many properties along Magellan Street have non-conforming side yard setbacks On July 19th, 2018 the planning commission approved the variance and design permit for 205 Magellan Street in a 3-2 vote With the condition that the second-story Rudex shall never be extended On August 1st 2018 the city received one appeal of the planning commission decision from Terry Sterling owner of the adjacent property at 201 Magellan Street The appeal by the neighboring property owner lists concerns with the second-story window height the second-story rear deck fire safety and the basis for the variance The appellant identified privacy concerns related to the second-story window height The appellant requested that the second-story window height be at least five feet six inches from the finish floor to protect the privacy of the neighboring backyard As proposed the second-story windows are four feet nine inches from the finish floor as indicated here Also of note the required second-story side setback for 205 Magellan Street is nine feet But in order to respect the privacy of the neighboring property the wall of the second-story addition is located 11 feet from the side property line There's also a 35 foot tall plum tree on the appellant's property adjacent to the property line These are photos from the approximate location of the second and third rear window of the proposed second story at a height of six feet To demonstrate the view from where those windows would be The proposal includes a three foot six inch by 16 foot two inch second-story rear deck That would be located 11 feet from the side property line and 32 feet from the rear property line The appellant cited concerns about noise and second-story rear decks being a problem in residential areas So this is a photo from the approximate location of the rear deck on the proposed second story at 205 Magellan Street at a height of six feet The appellant's rear yard is on the left behind the plum tree The capital and municipal code allows second-story rear decks as long as they comply with the required setbacks and floor area and are approved by planning Commission In a design permit application Within the list of design permit considerations in the municipal code consideration D relating to site layout states that the orientation and location of buildings decks or balconies and open spaces in relation to the physical characteristics of the site The character of the neighborhood and the appearance and harmony of the buildings with adjacent development such that the privacy of adjacent properties is maintained That's one of the things they're looking out for Ultimately the planning Commission approved the design with the deck and added a condition of approval that the second-story rear deck shall never be extended Since the appeal was submitted the applicant made two changes to the plans to improve privacy between the two properties The applicant has proposed two feet of lattice at the top of the existing six-foot side yard fence is indicated there in yellow And on the picture below there, I just saw that pop in but this area of hedge here They plan to add a fast growing hedge along the fence between the plum tree and the neighboring hedge And they are willing to extend that across the area currently occupied by the plum tree if that is ever to be removed The appellant also identified fire safety concerns related to her chimney being lower than the proposed second-story addition Building official Robin Woodman reviewed the project and determined that based on the clearances described in both the California residential code and the California Mechanical code the appellants chimney being lower than the proposed second-story addition is not an issue The appellant also identified concerns with the basis for the variance Capital and municipal code states that the planning Commission may grant a variance permit when it finds And there's two findings here. So we're gonna go over a first That because of special circumstances applicable to the subject property including size shape Topography location or surroundings the strict application of this title is found to deprive subject property of privileges enjoyed by other Properties in the vicinity and under identical zone classification Although none of the special circumstances in that list in the first half of finding a are applicable to the property It is unique that the entire street is non-conforming in terms of side yard setbacks So in terms of the second half of finding a an encroachment in the side yard is a privilege enjoyed by other properties in the vicinity Therefore the strict application of this title would deprive 205 Magellan Street of privileges enjoyed by other properties in the vicinity and under Identical zoning classification the supports finding a Already showed this earlier, but I figured it was worth revisiting But this figure shows all of the properties in the vicinity that do not meet the required side yard setbacks There are actually many more, but I wanted to just zoom in for a good look at the immediate vicinity So then we have finding B Likewise the grant of variance permit would not constitute a grant of special privilege Inconsistent with the limitations upon other properties in the vicinity because all of the properties along Magellan Street are zoned R1 And have non-conforming encroachments into the side yard setbacks. This supports finding B Staff also did a survey of the Cliffwood Heights neighborhood to determine how many properties had second-story rudex One and a half story rear decks and second-story side windows the results of the survey are shown in this figure with the red being the second story rear deck yellow being one and a half story rear decks and Orange being the second story side windows And I should note too that in terms of the second story side windows the vast majority of those were full-size Windows not the the higher windows for privacy So staff recommends that City Council uphold Planning Commission's decision to approve project application 18-0184 for 2 on 205 Magellan Street as conditioned Thank you. Are there any questions of staff? No, I do have one question. So Counselor so the way our zones are zoning codes written in terms of the variance share the issues all around the neighborhood, so I Just like to get an idea. This is not an exception, right? This is something that shared by everyone So there's no real special privilege in granting this very exception the variance is the by making the variance finding yours You're you're actually finding that you're not making an exception got it because everybody else has The property is exceptional now because it doesn't share the same So we're not grain them something that no one else would be a bit got it. Okay. Thank you very much So I'd like to hear from the parties The pellet and the the the person who's from 205 that's made the the application So would the people I guess you fell first and then from 205, okay? Thanks for coming Terry. Yeah, thank you And I am Considering the Privacy of my property. I've owned it for 35 years. Excuse me 34 and I love that house. It's been a very meaningful location. I've taken very good care of it I've made sure even though I haven't lived there the past 20 years I've made sure I have family wonderful reputable families in there and You know, I'm not renting it as an Airbnb I'm not renting it to college students each room. I it's a meaningful home to me It's something that I may move into and it's or my family may Move into at some point My outdoor living is that area that The plum tree I'm having that determined an arborist is looking into it right now It's in a space. That's like one foot by one foot. It was a bird seedling and I didn't plant it and it's Ornamental plum so it has fruit bearing on it and it's way too big for the space it's going to harm the area and So it needs to come out And I would like Privacy, I'm afraid of the echoing from the upper story. I know four foot nine windows I'm five. I'm five seven I could easily peer into a four foot nine window and I would like them Stationary windows that don't open maybe have them five and a half feet high for the light that they're requiring Or perhaps they could put in skylights I'd like a compromise where we all get We all become winners because we all may be you know, we're all neighbors you know and I would also like I appreciate the hedge. I appreciate the trellis I do not want that deck. I I'm really I Want my privacy that L shaped area that I have that's where I have outdoor living and I'm sure they have very meaningful reasons for their building. I have equally meaningful reasons for wanting the accommodations for myself to That's all I have to say are there any questions Oh, the other thing I wanted to say was the issue of you know I found it curious that at the end of the vote last time the two parties that voted against the Had reservations was the variance, you know, there was no Legal basis for the variance and the other one was the the issue of decks do caught second-story decks do cause problems so That hasn't changed so I'm wondering if there's a way that we can all come out as winners and Any questions No, I have no questions. I did just to announce I did talk with you And I have a sense of where you're coming from and I appreciate you coming here tonight to explain your case Thank you The permit applicant Hello, thank you. My name is Scott. Harway and with my wife Mini And I we've lived in Capitola for 16 years in July of 2002 our dream of becoming homeowners Homeowners and residents of Capitola became a reality when we purchased our home at 205 Magellan Street in the Cliffwood Heights area We have lived in the home ever since and absolutely love our neighbors our community and our city We've always planned to remodel and expand our home to meet the growing needs of our family And although it took longer than we thought we worked extremely hard and saved our money and are finally in a position to make it happen We have worked diligently with our neighbors the planning department and our design team to come up with a home That is of size design and scale that goes with the look and feel of the neighborhood our project was approved every step along the way of the planning department and Unfortunately appealed by the property owner next to us who has not lived in the home or the city of Capitola for the past 18 years The appellant home appealed our second-story side-facing windows Next picture the windows that we have chosen are much smaller and higher on the wall than what we would have liked Only two feet in height and with the bottom sill of the window at almost five feet the glass opening starts at about five feet This was done in an effort to respect the privacy of our neighbors while still priding up providing us a small amount of natural light and ventilation Frank phantom of the Capitola Ark and site committee actually commended us on the consideration of our second-story windows Stating that our choice of size and location of the windows really enhance the privacy of our neighbors We also Have designed extra-large setbacks as the planning department stated for our second floors That are almost two feet greater than are required again in an effort to help preserve the privacy of our neighbors You go to pick number two, please There's also the large that was in question earlier the 35 by 15 foot plump tree on the appellant's property That's directly in front of our second story blocking our view into her yard You're gonna pick number three, please As planning department stated in the Cliffwood Heights neighborhood There are several two-story homes including brand new second-story homes as you have pictured here that have side-facing windows That are much bigger than ours and very much closer to the setbacks than ours are Mr. Ling also referenced our second-story rear deck in our in our appeal our deck is a very small three and a half by just over 15 feet It's not a large deck meant for entertaining But instead a quiet space for our family to enjoy the peaceful sunsets that happen behind our house You go to the next slide, please Our view from the deck only allows us to see rooftops of the neighbors all around us This is a panoramic view from where the deck would be and again the extra large setbacks and the large plump tree That blocks our view into the appellant's property preserves both our privacy and hers Pick number five, please Elevated decks are also very common throughout the Cliffwood Heights area We were able to count 23 just by walking around the neighborhood with two located directly across the street from us Most of these decks as are pictured here are much larger than ours and with much smaller setbacks than what we have designed And that's the second-story deck above the pool there Also, the appellant was approved in 2000 for a home addition on the exact property that's next to ours There was about the same size and design of our property and her pain her plans both included a Second-story rear-facing deck and second-story side windows We were curious how she could appeal things that were approved on her design As far as our variance the only reason that we have for our variance as the planning department stated is because we have a 21-foot section of our existing garage that was built 50 years ago 13 inches inside the current setback when the property was built it was built to the standards But since the code and setbacks have changed these less than six-foot sex setbacks as explained by the planning department are extremely Common throughout the Cliffwood Heights area and that's why members of the Capitola Planning Commission felt that special circumstances did exist All of the plans for our new addition either meet or exceed the required setback In reference to the 80% rule that the planning department touched on the Capitola Planning Commission Chair Sam Story pointed out that the formula that's used to calculate That only compares construction cost to construction cost not Construction cost to the fair market value which it states directly in the code a similar variance was also approved at 129 Cabrillo Street that actually allowed the residents of that home to continue their new construction Into the setbacks. That's not what we're asking. We just don't want to change what's already there Finally miss sterling does not as she mentioned and has not lived in the residents or the city of Capitola for the past 18 years And we feel doesn't currently represent what the neighborhood or community want and support We've worked collaboratively with our neighbors when designing our plans and we have several levels letters of support from our neighbors Plenty of copies were sent to you guys and in the consent agenda in an effort to appease the appellant And agree with miss sterling that we are a community that needs to get along We have agreed as a planning department said to include the two-foot of lattice up to the maximum fence height allowment between our two properties in an effort to preserve her privacy and also add Some examples of some fast-growing privacy hedges between the two properties as well We asked that you the Capitola City Council members agree with our neighbors agree with the capitol of planning recommendation of approval and the capitol of planning commissial vote of approval and officially approve our plans Thank you Is there anyone from the audience who would like to speak to this agenda item? Please come forward Please identify yourself for the record Just identify yourself for the record many how I am Scott Harley's wife Good evening members of the City Council. I would like to add to my husband's comments We are so proud to be residents of Capitola and beyond grateful for our neighbors who have supported us through this appeal process The residents on Magellan Street and our immediate backdoor neighbors on Orchid and Eleanor have seen our plans for our remodel and have willingly signed a petition and Mr. Orrock if you can see that Picture of the petition and it states we the neighbors of Scott mini-harway petition to agree with the city of Capitola planning Department's recommendation of approval and the planning commission's vote of approval to grant them the design permit and variance for their first and second Story addition to their home at 205 Magellan Street We have reviewed their plans and feel that it will be a positive change to our neighborhood both economically and aesthetically We asked that the city council of Capitola reject the appeal mean by Terry Sterling and Grant Scott mini-harway's permit and variance so if you see on that The next picture Everything in green are all the homes on Magellan Street and those are all the residents who sign that petition So you can see every resident and just two minutes before this meeting started that white one We contacted the owner and she's on board, too We are active members of our community. We have countless days of volunteering at events our local schools Capitola junior guards, which are son represented the team at the regionals this year and placed with two medals I'm a proud mom. I had to throw that in there We provide our professional services to our community as well I'm a registered nurse with our regional burn center I work late nights and come home emotionally and physically exhausted. I'm sorry. I'm a little emotional right now With that being said we designed our bedroom to be in the back of the house where our current garage stands So I can have a little quiet and extra time in the morning to rest away from the normal daily outside noises The second story space designed in the back of the house where the balcony Connects was intended to be a room where I can meditate practice yoga and where my children can have the space to study Again, the space is above where the master bedroom is designed for peace and quiet These less than six foot setbacks are common throughout the Cliffwood Heights neighborhood We understand that this is a potential problem for anyone in our neighborhood Planning on a home addition and because of the tremendous amount of support we have received from our neighbors We ask that the city of Capitola perhaps look over the non-conforming setbacks of the Cliffwood Heights Neighborhood so that our wonderful neighbors Who may have plans in the future to remodel do not have to go through the same ordeal that Scott and I have been facing Over the past two years We have worked collaboratively with our neighbors the capital planning department and our design team to come up with a Design and scale of a home that will be a positive change to our neighborhood and we'll meet the needs of our family We ask that you the capital city council members agree with our neighbors the capital city planning department's recommendation of approval And the capital planning commissions vote of approval and officially approve our plans Thank you. Thank you My name is Kent Kramer. I am the property owner of 208 Magellan Street with my wife Julie Born and raised in the neighborhood 35 years and was able to purchase property right next to where I grew up Our house is one of the houses that has is surrounded by the one and a half story decks so one of The letter that I wrote I just wanted to reiterate to the council members My wife and I in Julia our residents and homeowners of the property located at 208 Magellan Street Our home is located directly across the street from the Harways residence located at 205 Magellan Street We have personally reviewed the proposed changes for 205 Magellan Street And we see no problems with any of the pending home improvements. We believe that the design is very tasteful And would be a very nice addition to our neighborhood The variance for the property should not be questioned as the changes are well within the style and designs of the Cliffwood Heights neighborhood The the design has also taken all of the properties Excuse me all the neighbors privacy into account We do not feel as any of our privacy will be compromised while I understand the importance of privacy the plan Importance of privacy the plans are not invasive at all We have two story houses that are next to our house behind our house and adjacent to our house as well as decks That look directly into our backyard the deck of the house directly next to us Actually looks right into our backyard and is exponentially larger than the balcony proposed by the Harways We have never ever felt that our privacy is ever invaded as we do understand the importance of being outside and enjoying our own neighborhood In regards to the window in the second story I have seen the dimensions and believe that the two-foot windows chosen are very appropriate without windows The house would be very unesthetic and also resemble a prison It would be very unrealistic to have a living space without allowing natural light to enter We believe the design to be very tasteful and fit in our neighborhood The variance of the property should also be approved as this is was a problem That was initiated by the developer that built our properties over 50 years ago The current owner should not be penalized for their mistake The new construction will not only meet the required setbacks, but will recede it in many places This problem as explained has plagued our neighborhood We would hate to see our neighbors forced to abandon these renovations and rejuvenations of their house and possibly leave our intimate community Mr. And Mrs. Scott Harway has spoken to us in detail about these changes and have been very forthcoming about the renovation of their home We believe that these additions would not only add an updated aesthetic But would also continue with the style of Cliffwood Heights. Thank you. Thank you I am Steve Kramer. I live across the street at 204 Magellan Street both the Remodel and the issue with the windows I've been there 41 years I'm not the original owner But I've been there a long time never did a remodel By the time I realized I wanted one my children were old enough to have their own homes So really I'm here to speak for my daughter. She lives at 153 Sir Francis Court around the corner Her and our co-owners are her home Her home was purchased five years ago overlooks the one of the half Decks right behind her and we have never had an issue with that home and Our property there is two and a half to three feet higher than his property below So they actually look over the fence right into the home real easy and there's never been an issue with those small decks Had I remodeled my house at 204? They would have had a sun deck put on just like Sterling wanted and Scott's done and everybody else when they did their additions over their garages. They captured the sun My daughter has a comment That she wrote and I want to read it a lot to you It says here. I believe in second-story additions important as the family grows The fresh air and the natural sunlight are the essential to everybody's day's life. I Understand that people need privacy as well However, the proposed deck on the second story is a small place for family to unwind and Reflect together as the sun sets on each day and that's kind of what everybody has done Furthermore the windows will still be in the second story or downsides to accommodate the privacy of the homeowner But the windows are still provide that necessary natural sunlight and ventilation and yes They're going to be opening windows. We still has an egress and regress for that emergency where if God help us You have to get out of the house and can't get the stairwell So she also says I understand that as a homeowner I respect my neighbor's privacy and would like to respect my privacy However, I believe homeowners are contesting the remodel at 204 Has unrealistic concerns has not resided in the home for the past 18 to 20 years There's a balcony facing outward in her yard and that's what I just said So please consider everything that the Harways have done Everything they didn't do but everybody else have done and we've all respected one another real well in our little community here of Capitola and I say that as a veteran homeowner there So please consider what he's asked for. Thank you everybody for the work. They've done I was shocked to see that Our community that we live in is Substandard by today's Thank you very much. Thank you, sir Welcome Council, my name is gale shank My husband Steve and I are here this evening in support of the Harways project We live at 150 Magellan Street kind of kitty corner to the Harways We bought our house in 1983 so a three of our we've been there 35 years We just would like to again Go on record as being in total support of the project. We've seen the plans we've talked to to both mini and Scott and Are excited about a new structure in the neighborhood it can only benefit all of us I Would also like to Read a letter that was written by John and Annalise Walbridge who live at 153 Magellan Street They cannot be here tonight. I will try to keep it short. I see the clock is ticking The letter reads and this is from the Walbridge's earlier this year We wrote correspondence in support of the Harway edition on Magellan Street at that time We expressed our support of this project in a number of categories We have seen the plans and concepts for this edition and remodel not only is it in keeping with our neighborhood But it will also add some diversification in home appearances This was a track house neighborhood And we are excited to see the changes to various homes over the years that take on a more custom look The second story deck is shown in the plans is only three feet 14 excuse me three feet by 14 feet Hardly enough room to gather more than two people and clearly a feature Added to increase the feeling of space for that second story bedroom Additionally from looking at the plans and the views there is a tree or two blocking the view into the adjacent rentals backyard the side facing windows Towards the rental property in question as proposed in the plans have a sill height of approximately five feet I Have been and this is now John Walbridge speaking I have been in the building business over over the years and at six feet three I can look out a window with a five foot sill height, but cannot look down towards the ground. I Can look horizontally, but I cannot Look below horizontal In regards to the various requests my wife and I recently did an addition and a remodel And we also dealt with the setback of the first story being existing non-conforming At the time four years ago the planning department based on the cost of the remodel compared to new construction Waved the setback requirement as it would have been completely absurd to move the first story foundation and exterior wall For what a very few inches of setback And I'm not going to continue because the red light is on but this was from John and Annalise Walbridge also in Support of the Harways project. Thank you. Thank you Any more comments Please if you have some comments, so we'd love to hear what you have to say Thank you. Thank you. My name is Maria Marenco and I'm also here in support of the Harway family And I'm gonna read a letter on behalf of the Amstend family who lives close by But like I said, I'm friend of them and they're wonderful people that like to service the community Um Hello, Capitola City Council members I am writing you regarding the home remodel improvement that our neighbors Scott and Minnie Harway have applied for after reviewing their proposal plans We were excited to see the beautiful new homes that was planned for our neighborhood and are disappointed to hear that an individual non-resident neighbor has challenged these plans From my understanding the Harways plan Were approved by the Capitola Ark and Site Committee The Capitola Planning Department and the Capitola Planning Commission who all agreed these improvements conform with the style character and architecture of the Cliffwood Heights neighborhood if one drives through Cliffwood Heights You can see many two story homes of various architectural styles Beside neighboring one-story homes and the objections this neighbor had stated do not appear to negatively affect our other neighbors in these situations Specifically smaller decks and second-story side facing windows seem to be very common and actually add to the overall aesthetics of neighborhood improvements As a resident of Cliffwood Heights for over 10 years. We welcome home improvements that improve the neighborhood as a whole It is improvement such as those the Harways have applied for that increase that increase our property values Provide for a more architecturally appealing neighborhood and allow families like ours to live in a never-improvement and by improving environment I Sincerely hope you will proceed with the proven that developments plans The Harways have applied for and respectfully declined the objections posed by the individual Non-resident neighbor that has interfered with this process. Thank you for your consideration sincerely Chris Laura Avery Aiden Addison and Alexi Samston 9 to 20 can be right Thank you. Thank you Hello Hello, I'm a local. My name is Ari Lassine. I'm a local capital of property owner I'm also a residential design consultant and a friend of the Harways I've been assisting with the interior design and planning of the Harway remodel for over 10 years I feel close to this project both personally and professionally Over the many years we've worked diligently to create a plan that is in keeping with the design and scale of the neighborhood architecture The Harways have worked closely with their design team to conscientiously follow the rules of the capital planning department The Harways are pillars of the community and have saved and thoughtfully planned for this remodel for over 15 years Scott as he mentioned earlier is a local fire captain and many as a nurse in a burn unit It would be a shame if their hard work hard one efforts were derailed at this point And please know all the support from the community in favor of a variance and approval of the design plan This is a well-thought-out and efficient design that will add value and beauty to the neighborhood And our little neighborhood in town that we love And that's it. Thank you. Thank you We have any more comments from neighbors, okay, thank you My name is Steve shank. I live at 150 Magellan and I don't have a whole lot to add other than I would just like to thank Scott and many for doing their project. I have enjoyed Living there on the Jellin Street for 35 years and The amazing changes that have happened in that neighborhood Over the years has All been for the good when when we first were living there When it came to be eight o'clock, there wasn't one car on the street there, you know, everyone was at work or the kids were on their bikes at school and but now there are a Lot more people living there and most houses have more people living there also second stories in Cliffwood Heights that ship has sailed and We will be doing that more and more. I really appreciate The way the council has looked at the setbacks our Sideyard setback from the house next to us is Five feet Five feet to the fence and they and they haven't another, you know, five feet while we're not planning a second story I'm just pointing out that I Don't know that a variance of 13 inches to get your 11 feet or something or am I have that all wrong but That you know, it's It's a wonderful street as shown by the the little green boxes You know, every, you know, everybody Loves to get along on that street and we we we appreciate the the improvements Most of us wish that we could be doing that ourselves So we will have to live through the through the highways, but it's As far as I see it's a plus-plus. It's just a wonderful project. Thank you. I have a question I think we talked earlier, right? Yes. Okay, and you said something to me that I think is important for us to consider if I may when Second story started happening you you sort of am I going to get used to this and you had some comments about that if you could Share how the neighborhood has changed. I did and and I in fact I I attended several Capitola meetings way back when when a Second story would be would be coming up and my some of my thoughts were Not only privacy in the backyard, but sky loss of sky and You know as I've gone through the years Like the neighborhood has changed. I've changed also and like I said, I've seen it happen so many times now That that basically that ship has sailed. So I really appreciate the The laws the rules the Doing things to help your neighbor Because second stories are gonna happen. Um, well, I probably won't do it the people behind, you know, right behind me could so I will be You know, I'm not gonna fight their project but just be sure that we we follow the rules so that we still have our backyard and I I just think that That's the way things are going and I think it's a very very positive thing plus the remodeling houses that look great Can do nothing but increase all of our property values correct on the street. So right. Thank you very much Thanks for sharing that Any other comments, please? Seeing none, I'd like to bring it back to the board here and open it for discussion Kristen would you like to lead off? I've received all the emails from people in support of this project, and I'm I'm Really kind of happy to see that there's so many of these green boxes these greenhouses and signatures of support I think it's a sign of the community that we live in and How people kind of want to work together on things that impact our entire community in our entire neighborhood? I trust our planning commission their findings and their approval of this project I think that the property owners have been taking measures to increase the privacy To address the privacy concerns that have been raised I agree that the style of the style and design of these Changes are consistent with the style and design of the neighborhood and so I'm going to go ahead and make a motion that we uphold the Planning Commission's decision to approve the project application is conditioned Okay Ed your comments. Yeah, I'm I'm just second for now. I'm gonna have to make a friendly amendment as we move later after I make my comments For discussion, I'll go in It's an interesting project There's three things that that concern me on the project First of all, I've been doing this for six years, and this is the first time that an appeal has made It's all this way to the city council here Our planning commission has done a great job of heading off all the discussions and arguments that have happened and found resolution and There were times before I got elected where it was a concern that the members of the city council would never support the Planning Commission on Their decision so part of my inclination as Kristen just mentioned is you know We try to support the Planning Commission because we don't deal with the day-to-day nuances of setbacks and Heights and and decks and things although we do hear about it, you know just through conversation So important to me is trying to support the Planning Commission and based on them using working with our planners in the city Who are very knowledgeable and coming up with a decision? Second of all, it's the project itself I think that the most important thing when we come to make a decision here is the merits of the project and In this project, you know there is was mentioned There's the reasons that we don't like to give variances as I believe it was a three to two vote and one of the count one of the Planning Commissioners voted against it because Every time we give a variance we open the door for someone else to get a variance And it's not a good practice because it does compound what we do because what what we really try to do here is to be fair But this project, you know as the neighbors mentioned I'm sure that when somebody comes into the neighborhood and builds a new project it adds property value It can add character to the to the neighborhood So we're going to try I'm going to try to go back to to Dealing with this project based on the merits of the project but my concern and this is the negative of this of this project is that Although I admire the fact that the neighbors came here to talk in favor of this project I think that's great that when you live in a neighborhood and you get to know your neighbors And you have a project and you support them. I think that's fabulous But the thing you need to know about Capitola is this town is probably 50% owned by people that don't live here and It's purely discrimination When you think that that the someone you've mentioned in at least seven of these letters that I received That somebody hasn't lived here for 20 years and it means like they have less of a right to make their opinion. I Mean one person if you're in said this person everybody agreed with it until they interfered with the process They didn't interfere with the process It's their right to say I don't like this or it bothers me. It's called democracy And what we're gonna do here today and what the Planning Commission did is they voted three to two to approve it Because they outweighed the merits of the project based on the concerns and the complaints But I don't ever want to take away someone's right to come here and say I'm concerned about the decks Because I've been in Depot Hill I've been another in the jewel box and it's a big deal when people build decks. We do get complaints House I happen to live in has a deck looks out over Same similar situation have a hedge on the left side. So I'm thinking that you know, I have a deck somebody else should be able to have a deck. I Also have windows on my second story and they're five foot nine high Which is a little bit higher than four foot nine. I can guarantee at five foot nine. It's a little tough to look out the window And when I walked around the neighborhood What I noticed is a lot of the two-story houses there have either one or no windows on them That was my experience and I look at this house and it has seven windows on one side seven panels and three on the other But I remind myself that you know, my expertise is not as a planning commissioner I go back to number one which Kristen mentioned here is we put a lot of faith in our planning commissioners and like I said, this was voted three to two to pass and The only reason that one of the commissioners voted against is because he got upset over the variance and it's obvious That there was a design flaw in this neighborhood with the setbacks being too close That's nobody's fault and I can I could make total sense to overlook that So when the motion was made I seconded it the only thing I'd like to do here is I'd like to make a friendly amendment that requires the the Applicant to include the lattice as they offered and the hedge Pettisporn or some kind of fast-growing hedge on that side. I believe you're you're sincerely trying to make an effort to retain the privacy I mean should the pot the plum tree remain? I think it's something you could work out with your neighbor. I think you are trying to be a good neighbor I think the only lesson I just want to remind you of is just remember that the people have a right to give their opinion We don't all agree we sit here at council meetings and we vote four to one and three to two and we we argue our points But but I don't want to discount that and I appreciate mr. Lien for coming here and sharing your your your concerns But like I said, if you can accept that friendly amendment Yeah, so just to clarify the the lattice and the hedges that are suggested that they could put up You want it to be a requirement? I'm okay with that And I'll second that motion that I made Okay, um, I Spent some time talking mr. Sterling and When I approach this issue I Approach it on the design issues and trying to understand the neighbors Maybe because who I am I focus a lot on that because I'm in capital because I love this place And When I first walked out to Magellan and talked to the neighbors. It was obvious. This was a great neighborhood to live in I Couldn't believe it. Everyone knew each other They knew their histories and they cared for each other. They I mean it was great. I I wished I was there But tell you the truth. I live on Monterey and my neighbors are the same and that's just a couple of blocks away. I Spent a considerable amount of time talking to mr. Lee And I guarantee That if she was your neighbor, you'd like her also so She doesn't live there, but that's her first home And I remember my first time I Was just like am I going to be able to afford it The earthquake had just happened. There is damage to the house. I Mean, I couldn't believe that we bought this house just before But we lived there and my daughter loved it and it was our first 10 years of our life together So I'm sure that if she moved back in her home, you would also welcome her Also commend you to going around talking to your neighbors and showing the plans and Having some discussion about what would work. I also commend you And making changes that accommodate the appellate's heard some of her concerns I I think that's great and those are to me good signs of a neighbor I certainly agree with the amendment. I think that will satisfy some of the the issues in terms of sight line So when I first walked on the Jalheim and Steve I've known before I was attracted to the car I said what's going on this guy's garage? I wish I had one of those myself, but anyway, I don't and my wife wouldn't permit it, but anyway So I Remember when I first moved to my house You know that the guys next door they're having parties all the time and and now I tune it out 20 years later You know, we're best of friends and that's what happens when you have neighbors and You just respect everyone's privacy, you know, you know when you're invited over, you know when it's their private time And that's what being a good neighbor is So I think Mr. Lien if you move, I mean, I can't promise for you, but I think they would be great neighbors I really do and With that I'd like to call the motion Roll call, please Councilmember Botoy. Aye. Councilmember Peterson. Aye. And vice-member Trandt. Aye Motion passes Thank you very much for everyone coming here this evening and as Ed said, this is a democracy and I Think it worked out fine, so next item item B This is the first time Chloe is going to be before a city council and she's going to talk to us about city goals for developing capital of social media presence and We look forward to your presentation. Oh, no, not you Sorry, we're experiencing a bit of technical difficulty. Well, they're working through the technical difficulties Let me just provide a brief introduction to this So one of the things we've been looking at is trying to expand the city's social media presence Not just within the departments, but within sort of the city as a whole and one of the first steps We realized was developing a social media policy that governs sort of what the why the city was posting Who we were following what our posts kind of information we put into our post So Chloe has taken the lead in the city clerk's office on developing that policy We do view it as probably an internal policy not one that necessarily requires council approval But as we sort of roll out this new social media presence We wanted to brief the council and get any feedback before finalizing the policy and officially Announcing the rollout of the new social media presence. So with that, I will turn it over to Chloe And I've heard that Chloe is an expert in this area. She is she is Yes, I am I knew that Got a lead with confidence, right? Good evening. Thank you for taking the time to listen to this presentation I'm here to speak with you a little bit about our social media presence as Jamie mentioned Okay, so I don't think I need to go into a lot of detail about why social media is important in this day and age It's everywhere. I think we're all aware of that Some reasons here are listed. I think it's a great opportunity to increase engagement with the public We can share more information quickly with more people cultivate a positive online reputation and Collaborate within our community in real time, which is a great great positive We can use certain tools on social media I should mention we're focusing primarily on Facebook and Instagram such as geo tagging commenting on other content reposting certain content We can do hashtags to reach a broader audience and also tag certain entities to give personal shout outs in our community This is some examples of other municipal use of social media locally You'll notice Scots Valley and the city of Monterey reflected here certain events such as the farmers market and The flyover on the July 4th activities in Scots Valley and then some Facebook posts again from the city of Monterey and The Santa Cruz City talking about an upcoming meeting where they're going to discuss Accessory dwelling units. Those are just two examples of how to share quickly with the community For the city of Capitola, we've identified four major themes where we're going to be drawing our content Community building city business outreach and tourism. I'm going to go into those in a little more detail in just a second. I Do think it's worth noting that Capitola is already very present online. We're already a part of a Conversation These are some hashtags that are used as you can see by the number of posts very frequently I think that speaks for itself, but if we're already in a conversation I think Capitola might as well add to it and have a little bit more control over that conversation. So To that I will also mention like Jamie said we do have a presence on Facebook in Different accounts. So certain departments have their own pages. They're listed here The city of Capitola page is not meant in any way to replace or take away from those accounts We just would like to have more of an umbrella account that Highlights everything we have to offer as the city as a whole rather than just one department and on Instagram We have no presence up in Telvery recently. So the city of Capitola account is the only official Capitola account on that platform So about our themes yay, these are some specific examples from our account you'll notice some familiar faces here community building is really about Highlighting the special Capitola community and this was one of our first posts. We wanted to say hello This is who we are We're friendly and we're here to help you at City Hall. So this is just an example of one of those posts for that theme Our second is city business pretty obvious city business Information about what the city is doing quickly to the public So here's an example of some road maintenance that was going on a couple weeks ago This would also highlight infrastructure improvements public safety Public works the police department would be great sources for content under that theme Outreach is my favorite personally and I think is a is a wonderful example here This would be how to get more engagement with our community and to inspire people I'm sorry. I'm losing my train of thought here inspire Something involvement Okay, and this example is great. This was just the other day. It was National Voter Registration Day and this was a Booth that the county put put out in our city in Capitola at the Starbucks so we were able to promote that booth for people to go register to vote in person and Incidentally, you know on Facebook. I posted us that we posted a similar photograph and within five minutes a woman had commented Hey, I'm gonna be volunteering there registering voters So it really is true that the direct outreach is possible and is already happening even at this stage That that made me very happy and I think is a good example of how this theme will really help the engagement of the city and our and the public and The last theme tourism Encouraging visits to Capitola Obviously Capitola has so much to offer You know people that live here and people that could come and enjoy what we have and this was a beautiful sandcastle I stumbled upon on the beach and was able we were able to use that to promote the upcoming Beach Festival as Councilmember Botorff mentioned it's this weekend So you'll see more content related to that tomorrow to promote people to come enjoy the first annual Event this weekend. So that's a good example of the tourism branch of those themes So just to reiterate we have been developing an internal policy These are some of the things that the policy will include for example as many of you I'm sure know Facebook and Instagram allows Following so we've done a lot of discussion and thought into what type of organizations Who will the city itself follow we made the decision it wouldn't necessarily be individuals such as yourselves or other citizens It would be more like, you know organizations nonprofits Publications relevant local businesses that nature of accounts would be what we would officially be following So it's just one example of how specific we have thought about everything. We want to be doing this definitely by the book Have used other cities policies as resources to make sure that we're appropriate and professional in how we're portraying the city online and Then just to conclude. This is our current numbers I'd like to update our Instagram followers as of 20 minutes ago was now 296 so it's just getting bigger every second which is great and hopefully Once the policy is official and once we've had guidance from the council it will continue to grow We'll have even more of a louder approach versus the soft open And get even a bigger following and better serve the public in that way. So thank you so much for listening Do you have any questions? I want a tutorial Okay, no problem We can sign you up for a training I have a quick question So the the capitol of foundation we're doing social media kind of outreach stuff as well Okay, and one of the things that we just recently start doing is the boosts or the sponsored post sure kind of pay and then more people will See it. Mm-hmm. Is that something that the city is considering doing is there gonna be a budget for sponsored posts or ads when we need to Spread certain information to certain kinds of people. So at this point, I have not been involved in that conversation However, I do know that the Facebook Sites have used boosting in the past I know that Larry I believe has more information about that and it certainly would be something to consider as the account to grow So that is what my answer would be at this point. We have Larry coming to the front. Great So we actually been last two years have been using boosted posts for the the art and cultural events Oh, great, and we definitely have seen it uptick, especially In comparison year over year in the movies and things like that So that's where we started doing that this year as part of our Advertising budget for the for those events wonderful. Thank you Yeah, it might be a might be a good idea as we get our accounts up and running to just do a boosted post to say that We have our accounts up and running because I know that I follow the city on Instagram And I was really excited to see a post like come out of nowhere because there weren't any before so thank you for your Work on this. Oh, thank you. I'm happy to hear that Any other questions? Yeah, no, I have comments no questions. Okay comments Okay, would the public like to make some comments about Chloe's presentation. I Think we have a thumbs up. I See thumbs up all over the place. Okay. Thank you very much Chloe I don't have anything more to say except the presentation. I have a comment you oh now you have a comment Okay, good. Well, this is the time for coming. Okay, got it Chloe. Thank you for that presentation I all I can say is it's absolutely long overdue. I was looking at some of them The numbers that are posted comparing us to other cities and we're drastically behind in this game It's not an area that I'm savvy in but I realized that it's very important I was at a BA meeting and they were talking about doing some marketing and Talking about getting on someone's Instagram who had 30,000 followers. So when I look at our numbers, you know Obviously, we're lacking at this and it's it's something we can get involved in the only realistic part of this Is I know the city of Fremont took this on and they hired a full-time personnel to run this And so there's going to be cost with this I mean, I know when I look at you whenever that comes up, but it is a fact You brought it up. There's going to be some costs. I think it's cost that we should incur I mean it's it's there's got to be a budget to do this Because somebody's got to monitor this and if you just can't throw this on Chloe may be the suspect for to take on our You know our Facebook exposure, but there are going to be some costs But I think that for us for advertising for keeping the public aware whether it's just road maintenance everything we're doing I just think this is long overdue and thank you for finally taking initiative to get this ball rolling Thank you very much so I think we're at the end of our agenda and I'd like to end the meeting. Thank you very much for coming everyone