 No, almost doesn't matter just about all right. All right. We're gonna call tonight's meeting to order Can we get a roll call, please? council members Bertrand Bottler Brooks here story here and mayor Peterson here if you could join us for the Pledge of Allegiance With liberty and justice for all does staff have any additional materials for tonight's meeting There are no additional materials tonight. All right any additions or deletions to tonight's agenda Fantastic now is the time for public comments It's the time for members of the public to address the council on any items not on tonight's agenda If you would like your name spelled correctly in the minutes, please do write it on the clipboard at the podium Good evening mayor Peterson and members of the city council My name is Pam Greninger and I serve as the secretary to the Capitola historical Museum board and this Sunday. I wanted to invite you all and the public to a Screening of the movie the testing block which was filmed in Capitola and other areas in Santa Cruz County 100 years ago, so this is the centennial screening of the film the testing block and The museum and the Cabrillo College history success club are screening the film at three o'clock Sunday afternoon at the Capitola Community Center at Jade Street Park and The story takes place during the California Gold Rush William S. Hart plays an outlaw who settles down and tries to become a good guy Eva Novak stars as his wife and Gordon Russell plays the evil Jack Ringe This will be a fun experience to see It's an hour long. It's a Western drama and The event is free. Of course the Museum always welcomes donations from the public and I just wanted to invite you again and let the community know about the event that Is going to be here on Sunday? Thank you Thank you So whereabouts was it shot? Well, it says in Capitola actually there it was a like Fishing village like where the Venetian is now, but it was shot some in that area and Other areas I have not seen the film yet, so I will be there to see it and Frank Perry the curator for the museum has put music to the film so We're all looking forward to that. There will also be a raffle and popcorn and So we like like I said, we just wanted to get the word out and hope you can come Thank you Welcome. Thank you so much. Hi. I'm Monica McGuire I live in district two not too far away and part of Capitola's district two, so I'm calling coming because I'm More engaged than I've ever been before in the election season and 2020 is the whole year But we've got limited time before March and there's so many aspects of things we want to be talking about and Encouraging conversation asking all elected officials to encourage conversation and to encourage as many opportunities for people to see the candidates As possible is really important and it's a shorter season than usual So Becky Steinbrunner is not very well known to most people and I know she's not necessarily known to the people in Capitola who live in district two so I'm wanting to make sure people know there's someone else running besides the incumbent and That there's only a couple of places so far that people can see both of them speak together And therefore do really good question and answer One of them will be at Cabrillo College Which the date is the 29th. It's a Wednesday evening from 6 to 7 30 p.m. No 6 30 to 8 30 p.m. Thank you And then another one will be even sooner on Monday evening at the Corralitos women's club starting at 6 30 p.m. As well and that is Just my hope that that will stimulate many more conversations for all of us who really need to Combine our best efforts both countywide and citywide and you guys do such a great job I'm really happy to be here saying that but as well one of the key issues I hope that we'll all be asking about and I've mentioned before to you My husband is one of the few people actually qualified to talk about the health difficulties of electromagnetic frequencies on our bodies He's not only got an MD, but an electrical engineering degree and bio engineering masters And he is giving a talk at the scott's valley library on February 1st from 1 to 3 p.m. And that's a Saturday, and there's the emf aware Santa Cruz is Putting that on and it's a really vital topic to all city councils because it's why we want the precautionary principle for 5g And you have him here as a local resource, and we just really want you to be able to call us and check with us Anyway, you'd like You can reach him through me. My website is monica maguire calm my phone numbers there even but monica at monica maguire calm you can reach dr. Karl Merritt through that and I Think there was another one. I was gonna announce There's also yes, I was also thrilled scott's valley is doing something else They are also doing an information night on all the ballot issues and gail Pellerin will be handling that this Saturday From 2 to 4 p.m. At the scott's valley high school So those are just things that it's so good to be able to say let's all meet up and have really good election season Conversations this year. We need it so much our future is such at stake and so appreciate all of you doing your part Thank you so much. Hope to see you at these places Welcome Marilyn Garrett, I've been coming for years about the dangers of wireless microwave radiation Excuse me from many sources and calling upon Elected officials to do what's responsible to protect the public from these exposures now as Monica was speaking. I was recalling in this very room About almost 10 years ago now. Dr. Karl Merritt was here About the rollout of the so-called smart meters which are pulsing microwave radiation And he addressed the city council at that time on the biological harm that is known Is the whole range of DNA strand breaks neurological system disorders effects on the fertility on and on and Bob Bagan at the time was sitting there and The council was deciding if they were going to have an ordinance to oppose the smart meter rollout and Bob Bagan after listening to dr. Karl Merritt Sit made his vote against the smart meters and he said frankly He didn't know the harm and after listening to dr. Merritt He said I'm scared and I am voting against the smart meter rollout Dr. Karl Merritt has a background He worked in radar when he was in the Canadian Air Force electrical engineering background But also knows of the biological damage one picture. I remember from a presentation. He did titled Health impacts of wireless radiation showed a young woman who had breast cancer The four points of the cancer were exactly where the four antennas of the phone Were resting against her skin in her furrow. This is dangerous technology And I urge you to do what you can to halt it and halt the rollout of the five gene Which is where they plan to put these Antennas on utility poles and light poles every few houses if you hear dr. Merritt or listen to this CD I have you'll get the idea What's on the horizon here? and The mayor of Nevada City your colleagues here Renette Senem says the 4g 5g rollout in the public right-of-way is a corporate and Hostile takeover of our public right-of-way and with no concern for public health and the environment I suggest you contact Renette Senem the Nevada City Council in California and I Have three CDs who has a CD player This is dr. Martin Paul on this topic a must listen so I have three anyone who has a CD player Thank you very much Hello, welcome. Hello, my name is Cassandra Flores. I work with United Way of San Cruz County I'm the 2-1-1 coordinator for I mean for any of you that Doesn't know who was 2-1-1 does it's most likely a referral It connects you with nonprofits in the community. So It like 4-1-1 is for businesses. So 2-1-1 is just nonprofits and any type of needs that you have you can dial 2-1-1 and they can direct you to who provides the services that are close to you because they ask for your zip code So they connect you to the closest agency that can help you with your need and it's 24 hours a day seven days a week and Also, I work with the OES For in case of an emergency they instead of calling 9-1-1 for emergencies You will be calling 2-1-1 for to Get information on what roads are free or where you can get sandbags when the rains are below above level and stuff like that This year and February 11 is gonna be the 2-1-1 10th year anniversary as well So that's why I'm like, I don't know talking to the community if they want their agency to be a shout out on the 2-11 to contact me my information can be found on the United Way website and Pretty much you can also text now. Just you text your zip code at a 9-8 211 And then you receive all the services on be a text messages. So that's good That's something that I brought last year because when when I went to the call center I saw people who were unable to hear and I saw that as a as an agape Like oh, what are we gonna do with the people that are unable to hear well like to get those services? So they're they're able to see it on their phone And then they can send the links of the agency as well so they can check them there themselves as well This year. I also came out with the website So we have a central coast just in case people need services in more a or San Benito. So it's two on one Central coast that org and our website for San Cruz is two on one San Cruz County that org And you can check it out there if you always I mean if you see an agency that is not there and should be there You can also contact me My information is in contact us and then you can see all the great job two on one have been doing as well on two eleven with trying to Two on one is doing a portal for it's called kinship. So that one is going to help foster families foster care caregivers to Direct them to the services and then we have a separate cow Specialists receiving those calls that having going to different trainings to be able to answer any questions that those families Need I guess Yeah, so two eleven is Two on one day and then you two on one is nationwide. So all United States is gonna like be Super heavy in social media and bring it out there information. So your picture is gonna be there, too Thank you. Thank you All right, are there any other members of the public that would like to address the council tonight Saying none Before we move forward on to city council and staff comments I was remiss and sharing some information about the broadcast of tonight's meeting So I will do that now this meeting is cable cast live on charter communications cable TV channel 8 and AT&T Uvers channel 99 it's being recorded to be replayed on the following Monday and Friday at 1 p.m. On charter charter channel 71 and Comcast channel 25 meetings can also be viewed from our city website city of capitol a dot org Our technician tonight is Benjamin Thompson. Thank you for being here Benjamin And as a reminder, please turn off your cell phones during the meeting Now we will move on to item 5 city council and staff comments any comments from staff Sure, great meeting mayor and council I just wanted to give you an update on the wharf. We had a dive inspection done on Tuesday of this week To see if we could come up with a repair alternative for the failed area That didn't involve bringing a pile driver out pile driver by itself's about a hundred thousand dollar product Mobilization fee. We were successful in determining that the basically the end of the piles that are in the mud are still viable And we can extend the piles using the fiberglass pile. We want to use anyway over those piles, so we'll be coming up with a repair alternative and Should be significantly cheaper, which will allow us to do a few more. We're aiming to try and rehabilitate all the marginally pop marginal piles that we identified when we did a dive report dive inspection 2017 so that's approximately I want to say 10 piles that we could do with this repair technique that should save a significant money So hopefully by the next council meeting we'll be bringing a contract to you for that work. Thank you. Great. Thank you All right, we'll move on to council comments any comments from council members council member patron. Yeah today. I went to a informational hearing on efficient building techniques very interesting and learned that the Normal way of 16 foot 16 inch off-center is now off the drawing board if you want to have an official energy efficient house and Also learned that the techniques used right now Calculate the energy loss even due to nails on the outside. So it's very interesting and hopefully maybe talking kitty about it something we could adopt here and Making it up for thanks Um, so I I'm gonna try to do this based off of What how we talked about at our last meeting so my ask is to bring back? as an agenda item the process For our plastics ordinance and the implementation of that. I asked a couple of times before But I believe I directed that to a commission our environmental commission So I'm gonna try this the different way of asking staff to look into it and coming back with how we implement our plastics ordinance and what we can Do to better that process Thank you On some of your story no comments. All right. Okay. Go ahead. Yeah, I forgot. I like to agendize for future council members Age-friendly cities have that come to us for a presentation from the senior council or the triple-a advisory board Thanks And I just briefly have a couple comments February 8th is the next sip and stroll So I don't know if they're sold out yet, but I know that they're gonna sell out pretty quick if they haven't already So please get your tickets soon all of the proceeds from that event go to local nonprofits And also today I was in Sacramento for the League of California City's Policy Committee meetings We got a brief overview of the governor's proposed budget, which is quite interesting And I am a member of the community services policy committee Where we discussed the governor's master plan on aging and other issues that we'll be focusing on this year include parks libraries Health and well-being for youth and young adults. So I will keep you posted throughout the year as we continue to work on those issues Moving on to item 6 boards commissions and committee appointments consider appointments to the finance advisory committee Do we have a staff report? We do very quick staff report. So there's two potential appointments for this evening. The first is to appoint the Chamber of Commerce's nomination to the finance advisory committee Chamber of Commerce has made a nomination. I Don't have a name right in front of me. I believe it's Pete Cullen. Is that correct? And so it's a the council's job now is to ratify basically their nomination or ask for another nomination from the Chamber of Commerce And then secondarily council member of trend has the opportunity to appoint I know we've received a number of applications I don't know if council member returns have the opportunity to speak to the applicants for His appointment yet or not. So there's two separate actions one for the full council one for council member of trend Okay Great, thank you. Is there any questions from the council about this item? No, any member of the public that would like to address the council on this item saying none We'll bring it back for council deliberation. Let's start with the first one the chambers appointment Pete Cullen Is there any discussion or deliberation? Well, I'll second I had an opportunity to work with Pete when he was the president of the Friends of the Santa Cruz Library So he's extremely qualified Great supporter of our library system here in Santa Cruz County. So I'm happy to second jocks motion to appoint Pete Cullen Any further discussion? All right, we have a motion in a second all in favor. Hi. Hi. Any opposed? Any abstentions motion carries unanimously and now we will turn to council member Bertrand You have the opportunity now as I understand it to make your appointment or extend recruitment So we seek your direction. I'm gonna extend the recruitment for next meeting. I guess there are three right now I've only met with one I set up an appointment with another person and That had to be postponed due to a conflict and I'm still trying to contact the third Tom Evans So I have not met with all of them. Okay, so does staff have direction to Extend the recoup. We'll do is we'll continue this item to the next We won't extend the recruitment so the recruitment if you're comfortable with that is closed at this point And we'll continue this item to the next meeting. I am Really pleased that staff has gotten three recruits. Great. I mean, this is extraordinary. So thank you very much Yeah, I think we have enough to consider Great. All right We're gonna move on to item seven the consent calendar all items listed on the consent calendar will be enacted by one motion In the form listed in the agenda, which is available in the back of the room There's no separate discussion on this item unless members of the public or city council requests specific items be discussed for separate review Any items pulled for separate discussion will be considered following our general government items Is there any member of the public that would like to pull any of these items for separate consideration? Saying none. We'll bring it back to the council. Yes council member story Didn't necessarily want to pull on item, but I did have a question about item B and it's concerning our cash position So should we pull it and or should we vote on the other two first and then answer the questions on the third one or Should staff just okay. All right, so let's let's pull item B We'll vote on A and C and then any questions you have a council member story We'll have answered by staff and then we'll continue to vote on item B So is there any questions on item A or C? Okay, with that then we will entertain a motion I so move to approve consent calendar item A and C second There's a motion in a second all in favor. Aye. Any opposed? Any abstentions? Motion carries. Let's go ahead and come to item seven B I know it's supposed to come after general government and public hearings for the sake of just moving along Let's go ahead and see what kind of questions we can get answered. Yeah, thank you For anything my question I just wanted to ask the city manager because I noticed for the last several months our general fund balance has been significantly in the negative and I think I do recall the reasons why but I guess my question was when the city manager may anticipate that our general fund balance may become positive so For those of you who aren't familiar with this the city's cash flow goes the money goes out Relatively linear linear lead throughout the course of the year, but it doesn't come in that same way and generally our lowest cast But cash position is usually towards the end of middle of December So at this point we are near the low point so for the check registers you're seeing now in our cash position We are near the low point in terms of our cash position I would expect and I've got our finance director here who can chime in and help out a little bit more But I would expect our cash position to climb up through the spring and usually by May We usually sort of hit that zero point if I remember correctly when I look at our annual cycle Jim Do you have anything to add? Good evening mayor and council. I would just add that that's available cash. We have cash It's not like we're operating in a deficit on a line of credit We have cash That's just our available cash and the city manager was absolutely correct that usually we get our second installment of property tax in late May or late April early May and that's when we'll flip to the positive side Right. That's what yeah, and I and I understood that we don't necessarily aren't in a negative overall cash position but just Seeing the general fund and being that Large into the negative. I was, you know, curious about when that may turn around The one other interesting thing and I won't belabor this point too much But the interesting thing is is that the UAL payments on our PERS pension liability If we pay them at the beginning of the year PERS now gives us a discount on it We save three and a half percent So we do that and over time as you'll recall those PERS PERS payments have increased significantly So maybe a few years ago. I want to say it was in the 700,000 range correct And now we're at 1.5 1.5 and so we're making that on day one of the fiscal year So that's exacerbating this a little bit Okay, thank you for that Any further questions Okay, can we entertain a motion for item 7b then yeah, I'll move approval of item 7b second All right, we have a motion in a second all in favor aye any opposed any abstentions motion carries unanimously We're gonna move on to item 8 general government and public hearings 8a overview of new state requirements for accessory dwelling units. We have a staff report. Thank you, mayor Peterson council members I'm here tonight to talk to you about accessory dwelling units or ADUs A lot of important developments recently There were six bills signed into law in October of 2019 that completely changed the way ADUs are processed and approved and those changes all went into effect as of January 1st, 2020 Staff has been working very closely with the city attorney and planning consultant Ben Noble to draft our new ADU ordinance Since those bills were signed into law The city of capitol is existing ADU ordinance is not consistent with the new state law. So therefore it is null and void ADU applications in the city will be reviewed and approved under the government code until the city of capitol adopts an ordinance that complies with that code section There are several general ADU standards that have changed Jurisdictions must allow ADUs in all areas zoned to allow residential uses Owner occupancy requirements are only permitted for junior ADUs Jurisdictions may prohibit rentals of less than 30 days in all ADUs and must prohibit short-term rentals in ADUs approved under the limited standard section Which I will describe it in depth later Jurisdictions may also allow the separate sale or conveyance of an ADU from a primary residence If it was constructed by a qualified non-profit organization under AB 587 This part is optional and will be raised as a discussion point in the staff report for the next meeting Jurisdictions may not require correction of non-conforming zoning conditions as a condition of approval And no fire sprinklers may be required unless they're required in the primary residence And last but not least all standards including our maximum floor area ratio must be waived to permit at least an 800 square foot ADU 16 feet in height with four foot side and rear yard setbacks So if that just sounds like chivalrous what that means is that even if a lot has an existing dwelling That is at or over the maximum floor area ratio the city has to permit an 800 square foot ADU So this this pretty drastically changes how we do planning in the city especially in our R1 zones The new laws also change the review and approval process Limited standards ADUs must be reviewed and approved administratively with no discretionary hearing or public hearings Sorry discretionary review or public hearings if they meet minimum standards Which I will describe in a later slide These types of ADUs include internal ADUs which are ADUs converted from existing structures Including primary residences attached and detached garages and any accessory structure even if the structure is non-conforming Meaning sitting right on a lot line for example Detached ADUs on single-family parcels internal ADUs in non-livable multifamily spaces such as store rooms boiler rooms passageways attics basements or garages and Detached ADUs on multifamily parcels the time to act on a permit application has also been reduced to 60 days From 120 days unless the application is concurrent with an application to build a new single-family residence So I'm going to review the three types of ADUs in the following slides Those three types are limited standards full standards and ADUs subject to design permits The first type all review is the limited standards ADUs The two types of ADUs that must be reviewed and approved under limited standards Sorry, there are two types of ADUs that must be reviewed and approved under limited standards on single-family lots Those two types are one ADU or junior ADU with an existing or proposed single-family unit or accessory structure They are allowed an expansion of up 150 square feet But only for ingress and egress exterior access is required and setbacks must be sufficient for fire safety And the second type is one new construction detached ADU on lots with an existing or proposed single-family unit Those cannot be more than 800 square feet 16 feet in height 4-foot side and rear setbacks and these can actually be combined with a junior ADU Which when combined with the primary dwelling actually creates a triplex on the property There are also two types of ADUs that must be reviewed and approved under limited standards on multi-family lots The first type is multiple ADUs within an existing multi-family building These must be converted from space not used as livable space I've listed the examples before with storage rooms, boiler rooms, garages, but they do have to meet code standards obviously Local jurisdictions must allow 25% of existing units in a building or one unit, whichever is greater So for example a 12-unit building would get three conversion ADUs if they had three spaces they could convert And the second type is not more than two detached ADUs on lots with existing multi-family units Those obviously have to be detached and they have the 16-foot height and 4-foot side and rear setback requirements So next up we have the full standards full review standards These standards are applied to additions and new detached ADUs that do not qualify for the administrative approval under the limited standards section This category is pretty limited. It's just one story attached ADUs and detached ADUs between 800 and 1200 square feet Applications for these types of ADUs would be reviewed and approved administratively under standards very similar to the limited standards ADUs Plus some objective standards Local jurisdictions are expressly allowed to regulate parking with major exceptions that I'll address later height Landscaping architectural review maximum unit size and standards that prevent adverse impacts on historic Properties listed on the historic register Local jurisdictions are also prohibited from enforcing minimum lot size requirements. That was a very large change No setbacks are required for conversions of existing structures, even if they're non-conforming The only setbacks I've mentioned are the four-foot side and rear setbacks and There's a minimum size that we have to allow of 150 square feet for efficiency units and the maximum for one bedroom is 850 square feet and a thousand square feet for two or more bedrooms As mentioned previously while the new law mentions the ability of local jurisdictions to require parking It also exempts most ADUs from those parking requirements No parking spaces can be required for internal junior or attached ADUs in addition No parking spaces can be required for detached EDUs if they are located within one half mile walking distance of public transit Located within a national register historic district or other historic district When on-street parking permits are required but not offered to the occupant of the ADU and when there's a car share vehicle Pick up or drop-off location within one block However, the first exemption on that list the one for ADUs within one half mile walking distance of public transit Exempts most of the city from parking requirements as shown here The area in gray which includes most of the Cliffwood Heights neighborhood is the only area where city could require parking for those detached ADUs However, there are several bus stops along Park Avenue that are currently inactive and not included in the previous map If that bus route were to be made active all types of ADUs on every parcel in the city of Coptola would be exempt from parking requirements Given the fact that all types of ADUs will be exempt from parking requirements in the majority and potentially all of Coptola Planning Commission may want to consider removing all parking requirements for ADUs from the ordinance This flowchart gives an overview of how each type of ADU would move through the approval process The limited standards one they would submit an application and there would be a 60-day planning and building review That review can only Be made up of those three standards I mentioned 800 square feet four foot side and reset backs and 16 feet in height and Then basically we have to just it's a mandatory approval Second type is the floor review standards Submit an application same 60-day review period Subject to the general requirements, but then we can also hold it to the development standards and some objective design standards as well And then it's an administrative approval And then for the third type there's actually a design permit required so they would submit their application Subject to the general requirements for all ADUs the development standards objective design standards And there's actually a it's the equivalent of a variance in terms of ADUs But it's a deviation from those standards would also go for a design permit and go to all those would go to Planning Commission for approval State law allows local agencies to amend their ordinances to incorporate the policies Procedures and other provisions applicable to the creation of an ADU only if the provisions are consistent with the government code However, state law does not limit the authority of local agencies to adopt less restrictive requirements for the creation of ADUs At their January 16th 2020 meeting the Planning Commission requested guidance from the city council regarding the approach They should take towards the city of capital as ADU ordinance and whether to be more or less permissible Sorry permissive So let me start by saying that the the state law is very prescriptive and permissive For example, we must follow and sorry we must allow an ADU on any lot that is zoned to allow single family and multifamily residential uses We cannot require a minimum lot size. We can only require those maximum four foot side and rear setbacks We can't require setbacks for conversions of existing structures. We can't require parking for most ADUs We have to consider proof ADU permits administratively. It's it's a very long list. It's very prescriptive So what can we actually Fidget with there are only a few limited areas in which a local agency is allowed to be less restrictive such as parking requirements setbacks height The maximum attached ADU size with new single family dwellings the review process and owner occupancy So i'll start with uh parking because that was the first thing on that list Currently the state law would only allow the city to require to require one parking space for detached adus in the cliffwood heights area All other adu types in all other areas would be exempt from parking requirements The city council could direct staff to remove parking requirements from all adus and that's actually what we'd like to recommend tonight In terms of setbacks, I've mentioned this multiple times now the four foot side and rear setback is what is in the state law The city council could direct staff to include first and second story setbacks of less than four feet However in order to adequately adjust drainage and protect the privacy and solar access of neighboring properties Staff recommends the city go with the state standard rear and side setback of four feet In terms of height Under the new state law a local agency must allow an adu of 16 feet in height There is no maximum in there about two-story adus So the draft ordinance is going to include the two-story adu height limit from the existing capitol adu ordinance, which is 22 feet The city council could direct staff to include a height greater than 16 feet for one-story adus or greater than 22 feet for two-story adus However, in order to protect the privacy and solar access of the neighboring properties staff would recommend we go with the state standards of 16 feet and the proposed one we have in the draft ordinance of 22 feet for two-story In terms of maximum attached adu size, this is getting kind of into the specifics here But for only attached adus the state requires that we include a maximum adu size of at least 850 square feet for a one-bedroom attached adu and at least a thousand square feet for a two or more bedroom adu The city council could direct staff to include a maximum that's greater than that The state standard however can already result in adus that are larger than the primary residents in some cases in capitol So staff recommends the city council just stick with the state standard maximum adu size of 850 square feet and a thousand square feet In terms of the review process I mentioned that the the state requires us to process most of these administratively and within 60 days from the date that we receive a complete application The city council could direct staff to make the review and approval process administrator for all adus and reduce the required maximum review times Say from 60 days to 30 days Um however staff because this is a brand new thing and there's so much different We would just recommend that you stick with the ones that they've given us of 60 days and administrative on the first two types and uh a discretionary on the third and then owner occupancy so This one's a little convoluted in that the state law prohibits owner occupancy requirements on adus between 2020 and 2025 Um while this provision sunsets in 2025 any adus approved during that period shall remain exempt And state law requires on the flip side that junior adus have an owner occupancy deed restriction The uh, you can't really change those You could make it so that in 2025 we start requiring them again But this is such a shifting field here that we would just recommend just for now not including an owner occupancy requirement Except on the junior adus Uh, you could however go one step further and direct staff to either not enforce or remove owner occupancy deed restrictions That are already in place on adus approved prior to 2020 This is something that we're just requesting direction from you on um on that last section there In terms of next steps the draft adu ordinance will be presented to the planning commission at the next regular meeting on february 6th Once the planning commission has approved the draft ordinance. It must be reviewed and adopted by you The new ordinance must then be sent to the california department of housing and community development within 60 days Hcd is going to review those. They may submit written findings in regards to our compliance with the government code section If hcd finds that we're not in compliance We have to do one of two things either amend our ordinance or adopt the ordinance without changes But include findings explaining how we think we comply with that government code section And uh, just one last point adu ordinances are Ordinance updates are exempt from siqua So in summary, we would like to receive guidance from for the planning commission on how permissive we should be with the draft ordinance I can return to those slides if you'd like to discuss them individually And at this point i'll hand it back over to you for discussion and questions. Thank you Uh, does council have any questions on this item? Yes council member story. Thank you mayor Um, thank you. That was a lot. I hope we can go back to each one of the areas in which you wanted some direction for us But particularly focused on the parking requirement or the lack thereof Based upon the public transit exception And maybe if you could go back to that slide like the map the map. Yeah So just to Understand as I understand the the government code section says that parking Um requirement one the government code Normally would allow parking requirements um Under section x but there's an exception if it's within A half a mile of public transit What is defined and how have you defined public transit for the purposes of that map? These are active bus stops. That's all the dots and the black dots are all actual bus stops So the only the only ones that are not active are the ones red long park avenue on the right there in the green section and that's what Exempts that in the previous in this slide. That's why that area is not highlighted So and so all the rest of capitol is within a half mile of a bus stop. Yeah This is the result of a sort of one size fits all approach from the state where this one in particular Was not really designed for a city as small as ours So usually these would be much more spread out and you would have a lot more that where you could require parking But in our situation, we have so many in such a small area that it just In effect just exempts everything pretty much Okay, thanks for that clarification Any other questions from council Questions. Yes council member Bertrand so I read in here we have some discretion as far as the length of time That a owner can rent an adu and On the packet i'm not sure which page it was because the copy doesn't give me the page number, but um A local agency shall require that a rental of the accessory during dwelling Created pursuant to this subdivision be a term longer than 30 days and we have some discretion over that so Is you didn't cover that? In my miss we might have missed that one, but that that's another area that We just we included that as we went with the optional way of applying that to every every adu But partially because that's something where we only currently allow them within our cv zone Anyway, so So we have the option of saying whether 30 days or 365 days. That's my sense only with everything except for junior adus junior adus You have to limit them to You have to limit they can have they can have short-term rentals the rest of them can't Okay, so the way we have it right now A jdu can be 30 days can be 30 days, but everything else has to be longer than that And what's the length of time that it has to be at least or is there a minimum? I'm just trying to understand them of 30 days Yes, sorry, so that therefore it's a long-term rental and not short-term vacation Okay in that sense, okay, so what i'm getting at is if we could do 30 day 30 day 30 day basically it takes the rental unit off of the housing stock because it's You know appealing to people who want to stay for 30 days not permanently So my other question is in terms of arena numbers At 30 days rental if we agree to that as opposed to long-term rental like a year or two years or three years How does that affect the arena numbers what we're meeting in terms of arena? So for arena numbers Um The market rate units would you know a new adu would count as a new unit For market rate units so arena numbers are broken up into different affordability ranges, okay, and Unless there was a deed restriction tied to the adu in which we were Requiring that the adu be at a certain market Um affordability rate right then it would You could check off the box for arena numbers that say low-income numbers, but without any Deed restriction in place and for affordability So that it's rented at that level the only arena number that this will address is just your market rate housing Which is the largest portion of our arena numbers, but the one that we're Almost about we're about to meet that actually currently because yeah, we're pretty close so my sense of the arena numbers is we're trying to create permanent housing stock and 30 day rental to me does not Do that in the sense of having a family stay there, you know two three years or something like that 30 days is is that really Qualifying as something that fulfills the arena requirements Yes, so Wow for market, but so to break it down for you a vacation rental is typically less than 30 days So once we say 30 days or more you're talking about a long-term rental And it's usually somebody taking on a one to two year lease or longer And and that's so don't think of it as increments of 30 days. It's usually it's 30 or more So it's your typical long-term rental. Okay, so so the potential I'm thinking of is Someone running perhaps at a higher rate because this is a demanding area, you know in terms of access Accessibility in terms of vacation stuff like that, but taking essentially that Apartment off the regular market for someone who wants to live here and work here and have their kids go to school and stuff like that That's what I'm thinking about Okay, but technically it does qualify for arena Yes 30 days I want to correct that what I said earlier too. So We Here's what the state law says it says local agencies shall require that a rental of the accessory dwelling it created pursuant to the subdivision And this is applying to the limited standards a to use be for a term longer than 30 days So you can't do airbnb's for example in any on any of the limited standards a to use And then it's up to us whether we would like to apply that to all the rest of the types Which we have in our draft ordinance and you could tell us not to if you'd like Okay, and that's by basically saying 30 days or long up to a year or something, you know, put some requirement there. Okay, that's how we do in our current code too Historically when we did the most recent zoning code update There was a guidance not to allow short-term rentals within our ad use because we really treat those As part of our housing stock. Yeah, and that's what I want to keep And so I just want to clarify that the other question I have I got a little lots of little points But I could deal with those later in terms of water requirements. We we don't have our own agency here We have soak that water district and also for sanitation And so I was along clear In terms of getting a permit to build And or getting or having to have a meter or cut connect up with the existing meter or have a new sanitation line Or connect up with the existing sanitation line. Could you so the state law is very prescriptive in terms of water? Providers of which as you mentioned, we are not However Soco Creek Water District has I haven't looked at Santa Cruz yet, but Santa Soco Creek is interpreting it as Conversion ad use from existing space do not need a new water meter. And that's like the jdu Yeah, well, not necessarily just junior anything converted. So internal or junior Those are distinct Yeah, juniors are very specific in terms of the 500 square feet or less size. Okay, got it the kitchen requirements There's different things for juniors got it. Um, but it's a no water meter for an existing House with the conversion ad you however any new constructions that's a new attached new detached Those all do require a meter. Okay Even though the intent of the the new laws from the state is that We want to increase housing But in this case that's going to offset the ability to build those housing and if we can't get a meter, right? I double checked with them and and discussed this with Soco Creek and they assured me they have met with their attorneys and that their Application of this they feel confident and so so in effect the the only new housing we're going to be able to create is jdu's or internal Ad use. Oh, no, you can do it. It's just cost a little bit more money. Oh, how much more money tending? You give me an idea. I believe the difference. Well, so not required for conversion So there's there's no new meter and then there's a split actually with the um New construction ad use and it's a difference between about 9 000 for an ad you of 640 square feet or less And about 20 000 for anything over 640 square feet And I believe that has to do with the size of the water meter and the projected demand Okay, so we can do it. It's just the the meter is going to Okay, depending on use and stuff. Okay. Thank you Is that all your questions? Yes. Okay. Thank you. All right. Uh, that's council questions We'll bring it now to a public comment if there is any member of the public That would like to address the council on this item now would be the time Good evening. Welcome Hi, peter wilk planning commissioner So I wanted to explain why we kicked this up the up the chain in terms of some of these requirements And asking you guys for guidance And it's a general Attitude at least least that's what I was looking for. I know ed newman was also kind of on board for this Um, you know generally we looked at the general plan and the existing code for guidance And we interpret that the best of our ability saying that that those are the wishes of capitol But this is a new issue and it's a very political issue frankly and it involves How Do we want to embrace the affordable housing crisis? Do we want to Go with open arms? Do we want to say no? We're already built out And I didn't see that since this is a fairly new issue I didn't get any guidance from the general plan on that and certainly You could just say well any change to our municipal code. We're going to fight because we didn't put it there But but again, this is something that their state is taking a very strong Attitude with and it seems like Santa Cruz at least is embraced it because their setback criteria is less than four feet for example and I don't necessarily need Guidance on whether we want 16 feet or four feet But I would like to have an attitude if someone has a new adu at say new construction And it's a nice unit and it serves the needs, but it's Say two feet from the lot line Should our attitude be Look at we want to fight this tooth and nail We're overbuilt. We don't want to you know any any opportunity We can't reject these kinds of things we want to take because it's going to create new traffic You know all the issues right or do we want to say no we understand what the state Wants and we're going to embrace it as best as possible So when we get an application that we think is reasonable even though it may be 17 feet high or through you know What kind of attitude should we take and and I and I think ed would agree with me at least Don't feel that the current general plan or the current municipal code gives us That kind of guidance and we should turn to our elected officials for that guidance Thank you I would say that in that type of a situation We do have a section called deviations which I mentioned very briefly in here that would allow you to do the equivalent of a variant So anything that deviates from any of those standards the planning mission will have an opportunity to approve those And there's a very specific list of nine findings that they'll need to make to approve that So when you get to see the ordinance You'll get you'll get to read through those findings that they need to make to approve those types of projects Great, thank you Seeing no other members of the public. We'll bring it back to council for deliberation and a vote Council comments Council member story. Well, thank you mayor And as I mentioned earlier, I For me it'd be helpful if we went through each one of these Areas in which the planning commission and the staff were looking for direction From us so that we can just maybe in an orderly way address each item with that said I'm going to give my perspective Is that you know, the state has mandated certain Policy direction concerning providing additional housing and that is imposed upon us and we must accept those requirements and standards however We are an extremely congested and built-out community and particularly have the impacts of Parking is greater on Capitola than it would be in some other communities Particularly in santa Cruz or in wassenville. I think that we have a much higher sensitivity toward More cars parked on our streets in many neighborhoods. There's already not enough parking And so With that in balancing the interest of housing and I assume that the state regulations are for Are moving forward That public policy basis, which we must accept and follow and to that extent we should But for the where we can protect the community and have more Ability to respond to our local residents about the potential issues that this may create I don't think that we should be more permissive than what the state is imposing upon us So that's my general overview and it's not to say that you know, if there are variants Situations, we currently work through those They will be those Deviation possibilities But they should go through a formal review process if somebody wants to deviate From what the state requirements are And what we have ultimately adopted to I think be able to control and protect our community So that that's my overall statement and then we can try to address each one of those and I'll respond With kind of that approach in my Okay, we will go through those one at a time. Do you have any overall comments on this before we move forward? Yeah, just to um to To the speaker's point. Um, I I'm in mostly agreement with council member story. I think that we need to give this some time on To see what other jurisdictions are doing To see what's working and what's not working for in other cities. Um, I ideally just like to see To see staff come back like in a year or so on how are they dealing with um Improving the affordability of ad use and and things of that nature The only piece I would would disagree with council member story is regarding the parking Section so and I know we'll talk about that but so that's where I would differ Council member Bertrand general comments. Yeah, um, I'm very happy that Peter came from planning and gave us a sense of why Why it came back to us? So I appreciate that So in general, I I do look for the planning To be giving guidance and to see how a particular plan and someone's project fits into the neighborhood And I think that's their purview and I respect their judgment on that And if there are going to be Points that we could make variances on I'll look for the ordinance to see if I Feel good about those variances But one that comes up to my mind and sam sort of jumped in On it and parking is a big one. I have to admit so you bet, you know We'll see how this works out But another one that came up that was listed is in terms of traffic impact And I heard that and you haven't stressed that so is that one of the variance issues, you know That's going to come up And I'm not sure how that actually Is understood in terms of traffic impact, you know, it is explicitly mentioned that we can Uh Put standards and they're related to traffic impacts, but it's not really expanded upon in the state codes. So I would love to know what that means. Okay, because traffic is a major issue in the city and um What is actually meant by this whole thing of traffic impact? Not clear to me. Thanks All right, so let's go through these one at a time. These are the Items that you're seeking guidance on correct that are on the screen right now. Yes, okay Let's start with parking requirements. Any council comments on the parking requirements other than what was already mentioned Any further comments on this end? Well, I just uh as I understand the request was I mean one Whether to be more permissive For the cliffwood heights area is that's the only place where we currently have any discretion. Yes um So in keeping with uh my approach to this I would recommend that we not be more permissive even in that area Because one The state exemption In my mind is based on a false premise That because somebody lives within a half a mile of a bus stop They're going to take the bus and not have a car and we know that that's false That is not going to happen And with And it's also bus stops are not in our control They could Flow and or change and go they're not on park avenue. They may be on park avenue They may go away someplace else And I just think instead of giving up what Monument monocom of control that we have we should just be consistent with what the state Requirements are but where we have to this The ability to require The parking or consider that we should maintain That power to do that And so with that, I mean My view would be not to be more permissive Concerning the parking requirements But the rest of it's already kind of mandated and and currently as things stand We don't have the ability to control the parking And we'll have to live with that Thank you councilmember ritron On what the parking requirements are that could mean an ad you could be put in or not put in it So I'd like to get a better understanding of what this would mean in terms of the city capitol When this is presented to the planning commission. So I did attend a talk about a year ago and the whole emphasis of the talk was that putting parking requirements is Into a plan increases the cost considerably And so for someone actually trying to put an ad you in or a project and putting that parking requirement increases the cost quite a bit So does that mean if we put those parking requirements in that will depress Ad use being built in the city and therefore not providing Residences for potential, you know people that want to live in capital So I want to understand that issue before I rule on that one Just from personal experience. I think a parking requirement dissuades Ad use from being built in a lot of cases simply because they don't have anywhere to provide it I don't think it necessarily increases Cost I think it's just prohibitive sometimes because the lot's just there's nowhere to put an additional parking space So okay, so we had a parking requirement. It's not because Okay, there's just no place right Okay, thank you Yes And correct me if I'm wrong, but my understanding of the of the government code It does allow communities for particular ad use to have parking requirements But then under section x i or roman numeral 3 x i It says if when if there's a garage carport or curving parking structure is demolished In conjunction with the construction of an accessory dwelling unit are converted to an accessory dwelling unit The local agencies shall not require those off-street parking spaces be replaced so I mean I don't like it But there's a mechanism here If somebody really felt that they could benefit and wanted to provide and they had a carport They could Demolish the carport put in an adu and not have additional parking And we would have to live by that and so I mean to me there's there's a means for people to Get around that threshold And so And I just don't I mean to me again the traffic and the parking is so impactful from us I don't know that we should be more permissive than what the government code already allows I think I could go along with that based on your response, you know the reality is that we can't really do it anyway There's not the cost element that I was thinking about That's what you're sort of saying the space is not there to provide an extra spawn is all right, but Yeah, I think he was making a slightly different you still be a different point. I'm just going back to what you said Okay, um, I would agree with what's council member story is saying that The the new laws the new california laws are Um, quite generous already and I would be concerned with giving up any more local control than than we're already having to However, I'm I'm curious rather than having a blanket statement that no parking is required being more permissive Is it possible to say that we do still have the one parking space required? But the planning commission has the right to on a case-by-case basis Determined that a project has more value Even if it doesn't have the parking space and kind of void that is that an option for them to choose on a case-by-case basis If it needs a parking space or not Or do we have to choose one or the other the the movement is sort of objective standards and that sounds very subjective to me So I don't think okay Okay, thank you All right, any further discussion on this particular on the parking? No, do we need a motion? Yeah, we're gonna vote on each one of these individually I don't or can we this is just our intent. I think you're just looking for direct I don't think you need any motions. We're hearing from at least three of you that you'd like to keep the uh The state standards for parking and not go beyond that you can hear from four of us and agreement on that. Okay Fantastic great. All right moving on What was the next item on the bullet point list there set backs set backs And if the basic feedback is stick with the state stay minimums Then I think that the direction is relatively clear The only other topic area that I think we needed to focus on really is this question about the um Deed restrictions owner occupancy owner occupancy de restriction So if if if the overall direction is you know, we don't need to talk about height set back all these other Out topic areas if the directions can counsel is consistent with that first one is hey, let's let's This is a big move to take the state standards and states moved us a long way on ad use Let's see how that goes first and let's not go beyond that This is the only other one. I think that probably does require a little bit of deliberation We have a question from council member turn So when I hear about um deed restrictions owner occupancy requirements I wonder if this is sort of a legacy idea You see, I mean when I first heard about ad use there was always the owner occupied and You know, it was just sort of an add-on and it was sort of okay because the owner was always there And I'm just sort of wondering if sort of a mind thing in that sense So so here's the issue. Let me just try to reframe it a little bit So historically when the city has allowed people to put ad use and we've required them to record a deed restriction That they're going to live in one of the two units This has been long-standing policy in the city and I think it was really intended Not to have the people turn their houses into duplexes and move out of town to convert them into sort of rental housing That it was an intent to try to Preserve neighborhoods and having owners living in their houses New state law doesn't let you do that anymore. You can't do that for any any new ad use that comes online in the next five years So the question is is For those existing folks who play by the rules of sign these deed restrictions Would the city want to reconsider them? Because new ad use don't have to or do we say look that was the rules that were in place at the time that they did this And they need to live with it now to get back to your legacy question This question of is it just sort of a historical remnant We did actually spend some time talking about this turning the zoning code update with the general plan And the council discussed it went back and forth and ultimately decided that it was important to keep that owner occupancy requirement So it may have a long historical roots, but it has been revisited over time What's the explanation for the sunset of As I understand it the prohibition against requiring owner occupancy is going to expire In 2025 I would bet you anything that before 2025 comes that date is extended I'm just I don't understand the logic either and staff No, I don't know the logic, but i'm guessing that it was probably A debated point and this was the way they came to compromise. It was a compromise past the legislation I would be surprised if it wasn't extended, but we'll see maybe there's A wide backlash It is an opportunity though for us to learn from it during this five years if when we're seeing more Without the requirement of owner occupancy to be able to Decide is this something we should lift we haven't had a problem in the last five years or We should never lift this because we've had so many problems. So it's really an opportunity for us to learn from it If we I mean, I wouldn't be interested in retro actively setting you know going back on on the decision that previous council Members have made and deliberated upon I think to your point katie that we should Do this wait and see sort of like what I mentioned earlier about You know, what's working what's not working in other cities and and then receiving some feedback at a later time Like in a year or so Yeah, I'll go see that on this Could we consider down a case by case application basis I get it because it it would be specifically tied to the owner. So what do you have like, you know, owner interviews? I don't be objective Look on your face I knew the second I asked the question I wanted to pull it back. Thank you person of few words Okay, so do we have in my understanding that we have a consensus not to remove prior deed restrictions on previously approved a to use Yeah, yes staff. Okay, cool moving on That concludes Oh, that's it. Okay Great. We're going to move on then to item eight b consider a new phototraffic enforcement contract staff report Captain deli, would you like me to run it from here? Yeah, that'd be great. I'd be happy to thank you Good evening mayor peterson and council members. I'm here this evening to present on the red light photo enforcement program that we have and and would like council to consider a contract between Vera mobility for continued red light enforcement on 41st avenue So let me start with a little bit of history of the program So for the past 14 years the city has had a partnership with american traffic solutions, which is now a vera mobility To operate two red light cameras on 41st avenue The two the the whole point behind the program was to enhance safety on 41st avenue because it is One of the major thoroughfares in sanacris county and the busiest or the busiest thoroughfare in in capitol So currently we have two red light cameras on 41st avenue. The first one Is at 41st avenue and clairs right there by burger king and the second one is 41st avenue at the capitol mall entrance The current contract expired on december 6th 2019 and we're currently operating With a 90 day extension So why do we have this program because traffic safety is a priority for the community and the police department? Prior to the installation of the red light cameras. We had 66 collisions on 41st avenue The primary goals for implementing this program was to the four things was improve safety reduce collisions increase driver awareness and changing the driver behavior So the next thing is the results of the program So since the inception in 2005 we've had a and this is comparing the 2005 data to the current 2019 data that we've decreased by 60% Accidents on 41st avenue and clairs. It's been a Decreased of 89 percent of accidents at capitol mall and 41st avenue and an overall Decrease of 79 percent of accidents along the whole corridor And the next slide we'll go into this just out outlines the the data from 2005 through to through the current 2019 You'll see that the blue represents the 41st avenue and clairs And those numbers are the collisions the orange will represent 41st avenue in the mall entrance And then the white represents the 41st avenue corridor So you can see on the far left is prior to the installation of the red light cameras and then you can see it gradually Trickles down to the current data. So it's showing that there's an increased That the the main goal is changing that driver behavior So let's look at the costs Currently the the contract is that Is $5,100 per month per camera. So it's per approach So we have two approaches the one at 41st and players and the one at 41st in the mall entrance So the total total cost Per month is $10,200 and the this contract is is basically Outlined to where if the city does not collect the $10,200 For adjudicated fines, then it's it's called a flex payment plan. So the the money actually gets deferred To date we have actually never collected over $10,200 a month In fines. So that so we've never exceeded that And one point of clarification that that residual amount that isn't paid gets deferred and then excused at the end of the contract So it's never paid And so the recommendation from staff is to authorize a city manager or as a knee and to enter in a five-year contract with vera mobility formally a ts for for red light photo enforcement on 41st avenue and with that i'm open for any questions Questions from council council member story Yeah, thank you mayor. Thank you captain dally My question is the cameras when they take the picture of the drivers run in the red light What did they actually take a picture of? so there's there's actually uh, there's Three pictures and a video And what happens there's a picture of the overall intersection There's a close-up of the license plate the front license plate And then there is also a picture of the rear and then there's a video And so what happens when that initial violation or we call it a An incident because it's not a violation until an officer approves it that gets um, then forwarded to a ts which is out of arizona And then and then they kind of there's a filter process So what happens is they look at the red the vehicles registration And they compare it to the driver and see if there's a match and then there's parameters that we can set So one of the things is if it's Very close to the limit line Those get automatically filtered and so once we set those parameters those that get vetted out are then sent to an officer Who actually physically reviews them and matches the license plate with the driver information Right, so you can identify the driver of the vehicle in most instances? Yes, in fact the state of california. It's a driver responsibility So we actually have to identify the driver. So what we do is we pull up The the steel photo and then we we also have access to calphoto, which is the dmv database and we compare those two And so that's how we make the verification And when the the officer who approves the um incident Is that one of our officers or is that uh a the contractor that does that So the the the or vera mobility actually does the first kind of filter But then any of the the incidents are are then sent to an officer And then we have the officers that are assigned to the motor unit are then responsible for Viewing those and then they actually have to issue that citation So an officer with our department actually actually issues the citation after reviewing the camera photographs or and video Has anyone ever successively contested one of these citations? We've actually had a very high success rate with our current court systems. There has been I'm not to say that it's perfect, but we've had some that have been challenged through attorneys and they've Been successful, but I know that our our success rate is in the high 90s. I'm very high. Great. Thank you very much One point of clarification just for anyone if they didn't get it vera mobility That they can't issue a ticket. They can dismiss a ticket So we capture all the different incidences Some of them get automatically dismissed that filter the captain dally was talking about and they're dismissed and then Only those that meet certain qualifications then are reviewed by one of our officers Our officers then dismiss a bunch of those and then only those that are clear violations where we can Identify the driver tied to the registration get issued a ticket Help me remember approximately what number percentage of incidents turn into tickets It's about 20 percent. So of this of the citations that we review. We actually only we issue about 20 percent and we have a very Liberal approach to it. It's not a black and white So like a right on red into the mall unless there's some other contributing factor. We typically dismiss those Okay Well, you know the reason I asked that because one of the complaints that I've heard About these systems is that I guess in some jurisdictions It's actually the contractor who makes that determination of issuing the citation and so I mean and I'm pleased to hear that we don't use that kind of approach and that the officers actually Do that right and that may be like One of the things is california is that it's a driver Responsibility other states go into a where the vehicle's at fault Or they can assign the fault to the vehicle much like a parking ticket But that's in a lot of other states california is is is driver responsibility. So we actually have to Have we it would be, you know, we have to have a picture of the driver and then we have to compare it if there's If we can't do that then we typically don't issue. Okay. Thank you Councilmember vitron. You had a question. You know, so that was one of my questions But that clears that up. Um, are there any other spots along 41st or Any other street and capital that you think this might benefit us in terms of reducing accidents Actually back in 2000 but well prior to the installation of the cameras. They actually did a pretty extensive survey on 41st avenue And initially they had I believe both north and southbound approaches monitored and we realized that the The vast majority of the violations were on the southbound approaches and and they actually identified those intersections as being the most Relevant for it for the system itself Okay, and just for people listening and those here in the audience Um, do we share any of this information with any state agencies or federal agencies? No, absolutely not. Okay. That's good to hear Thank you very much Councilmember vitran one other point that I think may be relevant to your question is is that we only have two approaches on Two intersections red light camera But the benefits the accident data benefits spill over to the entire corridor So I think if we were looking at these data right here and we were seeing that the specific intersections that have the cameras We're seeing drastic injury Accident reductions and the corridors are whole wasn't then I think the question of should we consider deploying more of them Would be a really logical one. I think in this case People just associate the 41st avenue corridor with having red light cameras and be drive differently in that entire corridor. So I would say What we have is working Thank you. Yeah. All right um Any further council questions? I just have one question. Um It looks like we're going for a five-year contract for this if by some amazing chance We win a year and no one's run any red lights. We're not issuing any tickets Do we is there any kind of off-doubt contract if it's determined? We don't need this anymore or how does that how would that work? So so there is actually a termination clause in the in the current contract Um, it's based on it's a prorated rate So if we were to it would be more if we were to say If we were to adopt this and in a week from now cancel it Obviously that amount would be higher than maybe the week before the five-year expiration Part of it though is that this is a no cost So if if no one ran red lights, it would be wise of us to just let continue with the contract and once it expires We would just fulfill that Great. Thank you All right, uh, is there any member of the public that would like to address the council on this item? Seeing none, we'll bring it back to the council for further comment and deliberation and a vote I will second that motion, um, but I would like to Maybe add some comments about because um, I was here on the council when we originally put them in Um, and They were very controversial when they first went in and to some extent they still are a lot of people claim that they're unconstitutional They're unfair Um, and it's just the means for the city to make a lot of money, but Um, I think I'm very proud of the results that we've seen in terms of safety Um, and I think our police department need the tools that they need Are are have available to be able to Increase public safety in places that they can't be You can't be everywhere in the city and And I think the data speaks for itself. And so With that, I think the benefits of these cameras far outweigh The issues and I'm not going to deny that maybe they are some But I think we've handled them very well This is not a means for the city to make money Is to increase safety and to provide tools To our police department And I will and I wouldn't and I think that you know as we're looking at the mall project Um, we're going to need to look at more technology in order to One control minimize The traffic in that area And to you know continue to increase and emphasize public safety So those are the reasons why I'm going to second that motion and support it Come in yes, please You were on the city council at that time I was in the audience at that time and I was pretty upset about the motion to bring those contact That was you. Yeah, I was very upset about because the same things and Sharing of information is one of the main things that I was worried about And we don't do that. So I'm covered in the reduction of accidents is a no-brainer for me Great, we have a motion and a second any further comment Okay, all in favor Any opposed any abstentions motion carries unanimously. Thank you. Thank you. Thank you captain down We're going to move on to our last item of the evening item 8c discuss developing a code of conduct Do we have a staff report? Sure. Mayor Peterson members of the council So last fall council directed staff to prepare an agenda item to come back and talk about developing a potential code of conduct for the city In general codes of conducts Identify a sort of a set of values rules for office holders To help for them to help sort of govern how they interact with each other and how they go about fulfilling responsibilities to the city Codes of conduct can apply. They always almost always apply to city councils And sometimes they can also apply to members of other city boards and commissions Usually there's some segments that apply to all boards and commissions and others that are just strictly to council So as part of a process to understand a little bit more about codes of conduct we reviewed Um multiple codes that were developed by other jurisdictions. They really varied Some of them were a single page Which was really just sort of a statement of values about how they intended to interact with each other Others were quite comprehensive documents As documents got more comprehensive, they would expand upon the values that they sort of shared and they expected each other to All uphold to usually include more examples of maybe how they might interact with Other city resources That is how council members communicated with staff and provided direction to staff with other boards and commissions other non-city bodies Whether they would be unified in conveying a message if the city had for example supported a measure But maybe an individual council member opposed it how that would take place And then lastly some of the more robust examples include procedures to investigate and ultimately sort of adjudicate potential violations And potentially penalties associated with it So We've looked at numbers of different ways and staff report outlines a couple of different options about how to develop a code of conduct I think thinking about In a lot of cities I think looking at the situations that they're in when they develop a code of conduct. It's often Sort of robust issues that are taking place at the time We don't have that and I think my suggestion about how to move forward would be to form an ad hoc Subcommittee of a couple council members who are here this evening to work with staff We can review a couple codes of conduct internally and then come back with a recommendation to the full council So with that i'm available for questions Any questions for staff? Yes council member retry. Yeah, um, so I notice you you have a section in here on how to proceed The ad hoc but also scheduling meetings and workshops and stuff like that. Can you expand your thoughts on that from staff perspective? Well, so I think the staff report outlines a couple of different options about how to prepare um A code of conduct and one of one of the options to prepare a code of conduct would be to bring in Hold sort of a workshop or retreat and really spend a significant amount of time as a body Debating kind of what the values and the and how we should craft a code of conduct. I don't think in this case that's Necessary frankly I'll be honest with you in reviewing a lot of codes of conducts There was a lot of repetition between them So I think that a lot of that process different bodies put themselves through At the end of the day the outcome was often quite similar to what other jurisdictions did and in some cases the process may have been More intended to resolve some internal disputes rather than really focused on the document So my recommendation is the forming the ad hoc committee We can certainly explore other options about how to go about doing this once it's in place As a council you may want to ask to Hold the training with other boards and commissions. I think you brought that up at the last meeting About how how best everyone can uphold the standards that are in it That's certainly something we could look at once we have a code of conduct done Well, I just wanted to add that as part of this process I reached out to the other city attorneys in my firm and said, you know, who Works with cities that have protocols codes of conduct and I think I got like 30 in response I mean and Jamie is right. They are all over the map and some are very prescriptive about sort of In hildsburg, we have probably one of those 25 page documents. It's really a set of protocols. Is it shorter? Oh great It might be thanks to me It's really sort of Prescriptive about, you know, how to put something on the agenda what the goal setting session looks like each year It's sort of a more of a guidebook And then at the other end there are some that are more focused on the kind of behavior of council members And those are the kinds of things that I think are Very difficult to navigate when you get to a point where you need them And so I Hardly agree that it's a good thing to do when you don't necessarily need a code of conduct. You're all very genial Follow-up to my question to you. Jamie is that I just don't want to be in a position where we don't keep it alive You know, it's there in the books so to speak, but we don't revisit it every year or every two years and You know, I think this was initially brought up for a good reason And perhaps it wouldn't have been brought up if we had something on the books and we kept it alive and people were aware Of the fact that we need to have good contact between the various commission members and city council members Sorry to interrupt. Um, this is for questions. Do you have any additional questions? Um Because we can come back for comment. It just hasn't gotten a public comment yet. So we just have questions right now Except that no problem. No more questions. Uh questions. No questions. No questions Okay, any member of the public like to address the council on this item Saying none. We'll bring it back for comment council member Okay, so I think I already said it. I I just want this to be something that currently You know our state requirements are going to take all these different online courses every year It's sort of in the same vein, you know, I have to admit I miss them all the time Any further comment? No, okay Uh vice mayor Brooks. Yeah, sure. I um, I agree with the staff recommendation. I think it's a great idea to begin the process um of creating an ad ad hoc subcommittee and I think um, I'd like to be on it and I'd also like to um, nominate my my count of my pal over here council member story to join me on that um on that subcommittee and then In hopes that we can create This code of conduct and bring it back to council for review and approval And to come up with a plan on implementation. I think um, you've heard it many times before from me about the onboarding process and we really need to um, tie those two things in together and We're already up here and it might it's never too late to to, um, implement a process of onboarding Which would include hopefully this code of conduct and anything else council would see fit but I'm hoping that council member story would agree of joining me on this subcommittee Well in anticipation of being compliant with this anticipating new code of conduct I accept That's the first rule of the code of conduct you have to agree when you're not I got a question though. So Yvette, would you mean by onboarding? Oh, so onboarding is like when you come on to into a new position or a new job and you've never done it before and so like understanding Robert's rules of order or um, understanding protocol of Being a council member and how motions are made and all of that sort of stuff similarly to planning commission who follows the same rule rules most people who are appointed or elected Generally don't go through that type of training. I think it's important to know those things um Before you take take the seat but sometimes that doesn't happen in addition other jurisdictions have code of conducts And so they implement that guiding principles. They review the city's budget all of that kind of training that should actually take place Before you know a meet your first meeting. I think that's really important so that You have your leg ahead When you're up here Do we need to vote on this or just Of do we need to vote to form this ad hoc sub subcommittee? I think there's a motion in a second actually on the floor Was there a motion? um, I'll make a motion it it says a discussion uh, oh action so, um, I make a Motion it doesn't right. It's a discussion item. You should make a motion. We're trying to figure out if you've actually made the motion I think you did it. I think you just suggested it. I don't think that was a motion. That's funny. I heard a motion in a second I said it but not as a motion Um, so I'll make a motion to Approve staff recommendations to form a city council ad hoc subcommittee With myself and council members stories to work with staff to create a draft code Of a conduct policy for review by the full city council after we're done with it We have a motion. Do we have a second? Come on sam Oh, well I'm on the committee. So that may be I'll second We have a motion in a second all in favor. I any opposed any abstentions Motion carries unanimously and that concludes our meeting That concludes our meeting. Uh, have a great evening. Take care of yourselves and take care of each other. Good night