 Okay, called to order the City Council meeting, seven o'clock, and we've already done Pledge of Allegiance. No, that's up. Okay, Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. So, we have a presentation from the Santa Cruz County Youth Violence Prevention Task Force. This is an update. Hi. Good evening. It was on. Yeah, hello. We're bringing youth, community members, and law enforcement all together to have dialogue circles in order to just better understand each other and move forward and find out what needs, or are being met and what needs, we might need to give through on. So then, in 2019, every law enforcement agency in this county brought officers to the table as well as community members, and we also went out and reached out to our respected communities and found youth to participate in dialogue circles. We, they had trained facility leaders. We did, we did six weeks of circles. It was pretty impressive. It's not easy to have youth engaged week after week after week. And servers were held in those places, Live Oaks, Santa Cruz, Capitola, and then Watsonville had a huge, sort of, you know, supply and demand. They had a huge demand and so they had two circles that took place. Through the circles, we came together in the late spring as a group. The task force itself, the people that, us, those of us that were selected to help guide the project, the participants, and the youth, the law enforcement participants, the community member participants, and then some, some of, like, which Rary were there, came to the table. We all came and talked about, as collectively as a group, what some of the, what some of the findings were. And it was a very dynamic and diverse group who split off into a lot of subgroups in order to identify what some of the key points were. And those three points up there was what basically rose to the, to the surface as things to focus on as we move forward. That was just based on all of the information that was extracted from all everyone that participated. So they increased in educational opportunities and information sharing. And with that, with that being, with the educational opportunities between law enforcement and the community, sharing information about what, learning about what's going on in the community and the community learning about what is happening with law enforcement. Three events and activities, the ways to bring us together, that the both law enforcement and community agreed that we needed to find ways to continue to bring us together. And shifts in policies and practices around policing. Community has had a real interest in our policies and our procedures and what we were doing to essentially keep up with the time and with what's happening in our respective communities. We had a lot of support without either just some of the groups that helped us financially support the events, donating space to have these dialogue circles, or some of the groups, child care needed to happen. And then food brings people together. So, you know, and feeding the youth that were coming in and spending time with all of us to do this work. So, what I'd like to just say before I see if you guys have any questions for me about it, just in terms of how it was affected with Capitol, one of the takeaway for me is I'm really, really proud to actually work really well with our community, that we see the flow well and support community, the community supports law enforcement. Folks are having different struggles. And so, I'm glad we're all coming together and talking about it. Our county is really actually pretty small. So, but it was really, I'm just really proud to see that, you know, from here, we're now in a place where we're just getting how to take those three main goals and launch them forward. And in that kind of brainstorming phase and looking at realistically what do we have the funding for, you know, what's going to work, and who are all of our participants. Great. Any questions? Sam? Yes. Thank you, Sergeant Ryan. My question was, one of the topic ideas was about shifts in policies and practices for the police force. And I just wonder what some of those changes were brought up and discussed, and that you may be bringing back for our consideration. First one, which was increase in educational opportunities and information sharing. A lot of what, we only had a certain amount of time at that last meeting. And there was a lot of people there. And a lot of the community members don't actually know how our training comes. So, let me know when I answer your question right. But they wanted to know how our policies, so I basically loop those together in that spoke. A lot of intensive training about mental health issues, recognizing what that looks like, de-escalation training. Though those are things that maybe didn't happen a decade ago, but they're happening now and the public just isn't aware. Sure. Okay, great. Thank you. I just have a comment. I have a question. It's the maintenance. Oh, it's not what it is? I was like, what is that doing? Oh, right. I was wondering why you did that. Well, thank you for being here. I was at the last meeting where I got to listen to the outcomes. And I was really excited, exciting to hear the group so excited or themselves about the implementation of these steps. One thing that came up, I'd like you mentioned is that there is a lot of, everyone's really happy with our police force here in Capitola. You do a tremendous job. One thing I'd like to learn more about is what sort of tools are you using to train staff in dealing with the folks that don't live here? We're a tourist community. Many people come to visit us. And so you mentioned the mental health training or the de-escalation. So if anything comes up, or if you do any other training, such as something that I could use as a resource when talking to community members about what you all do. I have a comment. I just want to thank you for what you do. I think anything we do to encourage and continue dialogue is fabulous. It's very difficult these days. It's challenging. So the fact that you're making that bridge, I think this is a fabulous program. Thanks for your efforts. So I was there, too. And I was very impressed with the, I guess, the power of the group discussions. There must have been an immense amount of commitment because these went over, I forgot how many weeks, but it was for a long period of time. And the reports out, I think, were pretty good. So this technique, I think, is a viable one. Is there any plans to continue it and use it on a regular basis as people become more involved in trying to work on youth violence issues? To restructure the facilitators, because that is really key in driving a conversation that is productive and healthy. Because the idea isn't to, you know, focus on some of the perceived negatives of law enforcement versus the community. The idea is to bring it together. So that's really one of the things we're working on right now is how to have really skilled facilitators that can extract useful information and then, you know, can move forward with it. I understand you work a lot with New Brighton. Is there any possibility that this could be used in New Brighton and get some ideas from that student body? Well, since it's just a report and an update, thank you very much. And appreciate your efforts. Definitely. Okay, report on closed session. The City Council reviewed both items on the agenda and no action was taken. Thank you. Any additional materials? We have none. Okay. So additions and deletions to the agenda? Staff has no changes. Okay. Now is the time for public comments. Anyone in the audience who would like to speak, you have three minutes for any item not on the agenda. And if you'd like to state your name for the record, you may. You don't have to. So the central court at the mall is a huge cover pavilion with plenty of seating, perhaps a cafe. In addition to the four main mall entrances, each store has its own street entrance and an entrance inside the mall. A generous amount of colorful plants and trees and interest in dramatic lighting sit down and rest with indoor seating, outdoor covered seating, for example, rainy tides and outdoor uncovered seats, own identity, the kid's center clean, with stores, activities, a lot with childcare facilities. Another ring was circling through the ages theme with clothing, houseware, stick, more restaurants, bars, and thirdly, with incredible food court, places for teenagers to hang out, take selfies, charge phones, ping-pong, basketball, cornhole, DJ Gatsby's, a finally, feature's crowded shop, art galleries, white bars, branding, Scotch library, cigar lines, and luxury goods, all leading up to the lush, Venetian weather training, inspired hotel and spa, a hotel, has a restaurant with breakfast, lunch, and dinner. So good, even the locals want to go there. Bicycle routes make sense, and are clearly marked and there are convenient bike racks at each main mall entrance, parking lots, spaces, our government solar panels, instead of an additional tree, a pet release station, a dog park area by the metro center, perhaps, with a cafe. The Capitola community development department mission statement includes preserving Capitola's unique cultural and historic character. We could do this with proper branding, such as the likeness of the Capitola work entrance site, if you can stir up the property. I'm Sree McCoy, and I endorse this message statement. Thank you, Charlotte. Okay, anyone else? Okay, bringing you back to City Council for comments? That's taking a deep breath. This is scary. Yeah, City Council comments right now. Yeah, I just wanted to take a moment to, in light of the holiday that, on Thursday, I just want to take a moment to thank all the staff that come out on rainy days and show up to all these meetings. I really appreciate all of you, and I just wanted to say thank you. And I also wanted to wish everyone out there viewing within here in range happy holidays. May you spend it with those you love and be in good health. So happy Thanksgiving. Okay, but now the comment, this is for our finance director. I'd like to add an item for the fact to, I guess, look into, and that is transfer attacks. And I won't be on the fact next year, so I want to bring that up right now. Also, this meeting is cablecast live on Charter Communications, TV, Channel 8, and it's also being recorded to be rebroadcast on the following Wednesday at 8 a.m. and on Saturday, the following first rebroadcast on one, again, on Charter, Channel 71 and Comcast 25. We also record it if you go to our website. And that's it for me. Any city staff comments? I don't think staff has any comments this evening, Larry. Are you getting up to make one? No. We're closely monitoring the creek. That's the news of the day right now to see when we might open. We're hoping we're going to get it open in the next three days. I don't think tonight's going to happen, but I probably just jinxed it. Okay, city clerk. Oh, Ed. Steve, I had to make a get out, but I see these new pads being poured in the village. Are we expanding the pay stations or what's going on there? Thanks. We're coming to that point where we're trying to get rid of all the singles. I saw them. Okay, thank you. We'll have breakthrough. Okay. Okay, that's good. Okay. Okay, let's go on to regular agenda items consent calendar. Anyone on the council would like to pull an item? Okay. Seeing none. Anyone in the audience would like to pull an item? Seeing none. Is there a motion? I'll move consent. Okay. All those in favor? All right. So passes. Thank you. Let's go on to general government and public hearings. Special event highlights item a nine a. I want to take a moment on behalf of the police department. Each year at this time, we talk a lot about special which happens right around October. The community is very supportive. So I want to recognize the community for their patients and their willingness to work with us in this department and especially just because as you go on all year long, we have a lot of traffic, construction going on. We have a sewage project going on back in the village throughout the entire special event season. So I thought it was important to see that I come up here speaking to yourself and to anyone who might be doing and thanking them for their patients and their support of the police department. I'm here this evening to provide my report of the 2019 special events. My goal this evening is to highlight this year's events, answer any questions and we're going to proceed with direction from council for the coming year. For 2019, we had 10 general events and 36 minor events. General events require council approval and minor events are approved by the city manager. The difference between general and minor events are the projected attendees and the impact on city services. Typically any event but more than 210 days and are considered general events. For this year, no new general events were added. The three minor events were added. Those included three capitol village patrols, the state toilet, and the moderators part three trustee. Some of the historical general events include the capitol public safety car show, the War for War phrase, art and wine festival and the modifiers. This year was the second annual beach festival which replaced the regular festival. Also this year the J-Race was canceled by the organization which was adjourned. The most notable change for this year was the addition of security personnel that was funded by the organization. The police department staff met with the event organizers and prepared a safety plan including the use of security personnel at the traffic control points in March. This allowed for better allocation of city staff and particularly those of the police officers. Staff provided our approach by pre-establishing the incident command structure. They commonly are pushed to the ICS and the police department assigned a supervisor or a sergeant to act as the incident commander for each case of an event. By doing so, this pre-establishing ICS structure allowed for city resources to complement and not compete with one another. After actual reports were prepared upon each general event, no major issues were raised. On average, during the general events where we did significant towing, it was about four vehicles per general event. The highest amount of vehicles towed is from the War for War, that was 10 vehicles. Only a few calls for service were noted during all the events and I'm happy to announce that we have made actually no arrests specifically late to the general events. The city billed a total of 340 hours which included which was 250 hours of police personnel and 90 hours of public orders. This represented an increase of 17 percent and all the costs were reimbursed by the event organizers. So in summary, this was a very successful year and I'm happy to answer any specific questions. Yeah, I'm sorry, Captain Daly, I'm sorry. The new events, this sip and stroll, has there been any problems with those or has that been something that's just seems to blend right in? Delta is a minor event so they're not general events. There's no significant road closures. As I said, the BIA was the one that brought this forward. It's been a trend, I know that they have them in Sotel Village and then in Capitola Village, like I said, they had three this year, but there wasn't any significant impact. There was just more so bridging the gap between the seasons, so they'll have them in the kind of the falls, the winters, in the spring. Great, thank you for that. And you know, I've heard very little complaints from residents about the events, even though we have many events and I think a lot of them make what Capitola, what it is. Some of them, the complaints I do hear are generally around amplified sound early in the morning and particularly with certain music that is played and amplified very early in the morning. I guess some people don't like heavy metal at 8 a.m. if that occurs, but do we have some ability or in our permits to indicate that they're not to play really loud amplified sounds early in the morning or maybe if they do have music, because I understand the music helps get people going and especially on the runs and things, but maybe something that's not as alarming for the locals here that maybe are trying to sleep nearby. Good. What we want for special events, I know that we made that shift with, I believe it was one of the triathlons where they played the music and they had the speakers actually facing towards the escalon and so the adjustment was that we said, you know, turn it out as we put the time restrictions on it, so that's absolutely. Right, good, good. Yeah, yeah, and I mean I think that aside from that, it seems like most people who live here and as well that are attending they really enjoy the events. I think it's healthy for the community and thank you, Captain Daly for, you know, being a part of making all these events very successful and particularly this gate tola. I want to give a thumbs up for that and hope to see that again. Wonderful, good. Thank you. No questions for me. Appreciate it. Okay, so let's move on to item B, Senate bill two, housing grant resolution. Good evening, Mayor Patron and council members. Before you tonight is an exciting opportunity for the city of Capitola. The SB2 housing grants are currently open for applications and this came about in 2017 as part of the 15 bill housing package for the housing crisis. Within SB2 there was an established fee that was connected to real estate transactions of 75 dollars and those funds have been adding up and for the first year of establishing the grant, half of that money is going towards municipalities so that they can help accelerate and facilitate housing projects within cities. So the city of Capitola, due to our size, we can get up to 160,000 dollars for a housing grant. The criteria is that our plan must include either a plan or a process that will actually accelerate housing production and that can be done through different means of timing and cost, feasibility, increasing your infrastructure capacity for more housing and any impacts on housing supply and affordability. Within the grant application there are six items which would are almost automatic approvals that they identify and those include rezone to permit by right. That's something we're doing regardless of the the grant money. We'll be updating our zoning code for ADUs to reflect the new standards. Three new laws were passed this past legislative session and those will go into effect January 1st and I've been working closely with SAM on updating our ordinance so we'll be bringing that back in early January. Of this list the two items that I would suggest that the city of Capitola apply for are one creating objective design and development standards to be consistent with SB 35 and I have a few slides on that and also utilizing the money for accessory dwelling units with the new laws that are in place dwelling ADUs can be approved administratively. The guidance is very prescriptive in the new laws and I was thinking we could utilize this money to create our own we'll go to the next slide. We could streamline ADU production through pre-approved site and architectural plans so we could actually put out a bid for local designers architect and with the money there's $160,000 we could probably get four architects in order to create four different standards. We could look at our standard lot sizes and what would fit within a rear yard and create pre-approved site and architectural plans and then also developing informational materials for the public to really enhancing our public outreach in terms of our website and making the process really easy in terms of getting the work out there on how easy it's become over time. The more technical part of this is the SB 35 so this SB 35 was also part of the 2015 the 2017 package for the housing updates and what SB 35 does is it streamlines housing development for mixed use as well as multi unit and mixed use developments as long as the mixed use development has at least two-thirds housing all applications must be approved ministerially meaning they cannot go before a public hearing and they must be processed within 60 to 180 days. In reviewing an SB 35 application the city is only allowed to apply objective design standards and I'll get into that a little bit more but this is what that the money would be utilized for is to update our zoning code to make sure we have objective design standards and SB 35 is applicable to any city that has not met their RENA allocation numbers the regional housing need allocation numbers so this slide shows you what we have for our RENA numbers in Capitola the first column is the goals the second column is the number of units developed as you can see we have one moderate unit that that 38th avenue complex we would have had the number we would have had three here Claire's street have been developed the two density bonus applications but that they withdrew their applications so out of our 60 above moderate this is just your typical housing not be restricted we're up to 49 so we're 11 units away from meeting our above moderate numbers so hoping to see a lot of improvement in our numbers with the mall redevelopment project I think we've got a real opportunity there to get our numbers up but interesting within SB 35 if you haven't met your above moderate numbers there's a requirement that the applicant only bring in 10 percent of the project that would have to be affordable if you've met your above moderate number so if we were at the 60 then the requirement would be that any development and any developer under SB 35 would need to bring in 30 50 percent of the unit as affordable units so you probably are less likely to see an SB 35 application once we've met our above moderate or we'd get a great project with a whole lot of affordable housing in it so eligible products under SB 35 the criteria is that they must meet their urban infill so the three sides of the property must have already been developed there must be at least two units within the development again we have to have they can only be reviewed under objective zoning subdivision and design review standards they're not applicable in the coastal zone so two-thirds of our city would not this wouldn't apply to but it would be applicable out on 41st avenue north capitol road and what where SB 35 cannot take places in an area that already has rent restrictions and price controls if the housing has been occupied by tenants within the past 10 years and within historic structures so that also doesn't leave many opportunities but our mall site would be subject to this as well as future mixed-use site within our regional commercial zone and community commercial and the other part is that within SB 35 they must pay prevailing wages so another hurdle for developers so objective design standards are standards that involve no personal or subjective judgment by a public official and are available to the public an example of that many of our guidelines are kind of similar to the guidelines on the left on the left that talks about articulation to reduce the apparent massing of a building and to be sensitive or compatible with the neighborhood we've got a lot of that in our code an example of an objective design standard is it sets parameters that anyone could read and know exactly what's expected so for every 100 feet of building length there shall be a plane break along the facade comprised of an offset of at least five feet in depth by 25 feet in length the offset shall extend to grade to the highest story you also see many like standards for how much window openings have to be along the facade and differences for commercial versus residential so that's what would change we'd be going through our standards and in the design standards that are kind of fluffy like the one on the left would be making them more prescriptive like the example on the right so the recommended action tonight is to consider the resolution of proving senate bill to planning grant application for the current grant cycle and that would include public outreach and pre-approved site and architectural plans for accessory dwelling units and objective design standards consistent with sb35 one other thing i meant to mention on this for the ad use we would take those the design to the not just to show exactly what the building would look like but actually to the point that they could be submitted for building plans so really taking that extra cost away from the applicant they wouldn't just have what the design is going to look like and what the site layout is but it'll actually be able to be other than them putting it on their site plan so it fits it should be approval so at the level of building permit with that any questions questions sam the pre-approved plans would those be optional yes okay um would they come in different colors yes so we wouldn't regulate color they could choose their own colors but i was imagining that we could have a couple different styles from different architects but people could choose and they could probably change up at their expense you know what the finish materials are if they prefer a different finish i do have a question um a lot of discussion about the cost for permits is there any issue here that's not going to be provided for they try to you know this is really loud for ad use for instance no since we want to encourage ad use to you know assume the cost of permits that kind of thing can this grant cover that cost you know we part of the grant can look at how to reduce your costs regarding permits we've done that through um our permit is just administrative and i'm sorry i don't have the exact figure on hand so that our permit right now but the but it does cost when you come in for a building permit to go through the building permit review okay so but that would be the intent behind this is we'd be able to short circuit a lot of our costs at the end of the day though yeah i mean the key is is not going to hearing is a huge cost savings and that's probably the largest piece that people would save but the largest cost that anyone's going to pay with an ad u is not on our part but it's on the quarter district and that's something we don't have control of got it okay and but you know some cities have impact fees that are assessed on ad use and those can be three to ten thousand dollars cities after the new legislation are reducing them or even waiving them but you don't have those and so it's actually less expensive to build an ad u and capital than it is in a lot of communities already okay so i guess i didn't phrase it too well um you did explain this is going to reduce the cost because the design and such like that plug and play almost in a sense but um if we're going to encourage ad use if this grant can include provisions to actually reduce it to zero you know or maybe a water permit you know we have to pay for the water permit that kind of thing okay so the grant will not cover those types of costs i actually reached out and talked to our representative today and it really has to be something that you're strategizing to improve in your process or another way in which to do this would be to there was one section that talked about form-based codes and sequel processes in which you would go into a specific area of your town say if we did this around we'll just say gales we could create a specific like read almost like a redevelopment area but a form-based code that would prescribe exactly what could be built in that area and then we would pass get approved the sequel documents tied to that development and therefore they would have an administrative process of review for redevelopment of that area and that um saves money on a plan so it either has to be a process or a plan but it cannot be to diminish the cost of like to take our cost of what it takes to review the application it's really for cities it's money for cities to use to incentivize development essentially by individuals it's not necessarily for individuals to reduce their cost the impacts of the city and reworking in those procedures will reduce the developer's cost but the grant isn't necessarily for individuals to offset their cost okay thank you very much should we get this this grant and we move forward with creating those plans with the four four was three or four plans for the the houses or the adus where would we have to update our like is it going to be a requirement for folks to apply for the adu and if so where would we include that language and would that come back to council for approval so our adu ordinance will be updated come this january um the past two year we've we've been updating our adu and ordinance regularly because there's been so many changes at the state level so there could be an impact there like the new code um the new law says there's got to be a four foot set back from the side and rear lot lines but that were to change hopefully it wouldn't impact um these adu you know the pre approved adus the one thing that would have to change over time is within if they're ready to go under and meet the building code every three years our building code is updated so that's something that in three years we'll probably want to make sure we have some type of funding that we could update these adus to meet building code and we could probably work with our building official on that to make that happen and just for clarification there's an opt out option for folks or do they have to use one of those oh no so they wouldn't have to use one of these they could have their own designer build their own adu that is special to them and this is just an add-on option so okay thank you you're welcome okay um anyone in the audience like a question no seeing none is there a motion here i mean we proved the resolution second so it's been a few seconds all those in favor all right okay so let's move on to item c up again i guess another fun one yeah sorry no zoning code tonight okay next we're going to discuss the sidewalk vending ordinance i brought this to you this July actually and we talked about what type of vending ordinance would be appropriate for the city of capitol and the direction i was given is to just ensure the protection of public safety within the new zoning ordinance so we've taken your your comments and i'll present to you the highlights of our new regulations for sidewalk vending so our current sidewalk vending ordinance is out of date it talks about aesthetics orderly movement of pedestrians competition with local merchants and it prohibits vendors within the central village it's not in compliance with SB 946 the statewide regulations for sidewalk vending so what can be protected under SB under these regulations is public health safety and welfare and then within our parks we can also protect the public use and enjoyment of natural resources and recreational opportunities and make sure that the commercial activities do not interfere with the enjoyment of the park scenic and natural character the regulations only apply to sidewalks pathways and parks so if you see a sidewalk vendor and they're not located in a sidewalk pathway or park then they're not allowed to be there so a good example i think we've probably all driven by our railroad right of way and there's been a flower vendor out there and once we have this passed we'll be moving forward and it's you know but in that scenario because she hasn't been on a sidewalk she's got her good her wares located throughout someone else's private property it's an illegal activity under the new code she'd have to be holding her wares and located on a sidewalk yeah that's a good question about that because i've noticed her and lovely flowers by the way but that's rtc property do we would we be enforcing their rights or to not you know not allow her to engage in that or anyone that's on the corridor so that technically i believe is um is a like i think it's open space in our zoning map i think it's green area so it you can't have a business operating in that space anyway it's not in a commercial and if you're in a commercial zone you have to be an enclosed building unless you have a special c up for outdoor display of goods so she's in conflict with the zoning code and she'd be in conflict because she's not on the sidewalk okay so within the new sidewalk vending ordinance we set minimum sidewalk widths to ensure compliance with ada of four feet citywide and then within the capitol central village the minimum would be 10 feet and this is due to the high pedestrian activity in the village there are areas within the village that are wider than 10 feet so there would be opportunity the minimum setbacks we've set setbacks for safety standards such that fire hydrants crosswalks driveways alleys entrances into parking areas trash receptacles bike racks benches and bus stops there's also a hundred feet from another sidewalk vendor or an emergency personnel so if emergency personnel was out there have to be a hundred foot setback from any incident that was occurring and a hundred feet from another sidewalk vendor and then 200 feet from the police station fire station the capitol of beach farmers markets swap meets special events in the school i did reach out to the new brighton school and they were happy with the 200 foot setback in the school within a city-owned park the city is not allowed to prohibit roaming vendors from operating within a city-owned park but we can prohibit a stationary vendor if there's an exclusive agreement with a concessionaire currently we don't have any exclusive agreements with concessionaires we have the one surf shop that's allowed to sell out of esplanade park but that's not considered an exclusive agreement with a concessionaire that that was received a conditional use permit for that use and it's ongoing we're also allowed to protect the public's use and enjoyment of our natural resources and recreational opportunities so for this we've set a 200 foot setback from the capitol of beach and also we prohibit the sidewalk vending on our pathways that are within close proximity of our natural resources so the enjoyment of walking down socal creek pathway prospector path depot hill grand avenue pathway and we included lawn way as well you really have a experience there of being close to nature and you shouldn't be approached by someone selling flowers that might ruin your experience or selling anything um so therefore we've set buffers in our residential neighborhoods we can treat residential a little bit differently than commercial so in residential we prohibited stationary sidewalk vendors and also hours of operation can be different between commercial and residential areas so commercial you have to follow what the other business is you can't be more restrictive than the other businesses in the commercial area but within the residential we can be more restrictive so within the proposed code we said 9 a.m. 6 p.m. um limit on the number of vendors is not allowed it really has to be related back to um health and safety standards so we're not allowed to put a cap on the number of vendors and then the types of permits that may be required we can require a vending license we can also require a business license we're not allowed to ask for an outdoor uh an approval from a non-governmental entity so I think in some places they would require maybe an approval from like the bia or something like that for uh selling within an area and that that would not be allowed under state code and also if they're selling food we can require the health and safety permit also specified in the state law is that um cities cannot require a sidewalk vendor to obtain permission from any business to operate near them due to conflict of business uses so that summarizes the new sidewalk vending ordinance um our recommended action is to approve the first reading of the ordinance to amend chapter 12.64 and allow the sidewalk vending consistent with summit bill 945 i'm available for question so Katie Sam yeah thank you Katie um let's see I had a couple of questions and one I was wondering I saw the definitions of a push card or pedal driven that's the definition of a sidewalk of vendor um do we have the ability to or would that include power assisted push cards or power assisted um conveyances I believe we removed the ability to have power assessed so that it would not include power assisted yeah I wasn't and I was I mean in reading through this and um I just wasn't quite sure you know where um that kind of that came into play or whether in our other existing ordinances we have the ability to to deny a permit or or stop somebody from using a power assisted vendor card yeah so sidewalk vendor is defined as a person who sells food or merchandise from a push cart stand display pedal driven cart wagon showcase rack or other non-motorized conveyance or from one's person upon a public sidewalk so where it says uh non-motorized we could we plan to regulate that they cannot be motorized via like or pedal assessed based on that definition based on that definition okay um and let's see my other question was concerning the ordinance itself on page agenda packet on 87 4.6 64.030 permit required under b it says an individual no more than one sidewalk vending permit should be issued to an individual sidewalk vendor um if somebody came in and says hey I'm an LLC of vending um push carts um does that allow them to have more than one permit or how would that be you know we may want to restate that that says so it says no more than one sidewalk vending permit shall be issued to an individual sidewalk vendor we may want to say uh to shall be issued per business individual or entity or legal entity I mean yeah I mean I if that's the intent of it's kind of like one principle gets one permit regardless of their form of business that maybe we should spell that out so great catch in those way thank you so this kind of breaks down into two we've got the either a roaming individual or a stationary and the stationary seems more tangible to understand uh where I'm confused is on this roaming and and pretty much the way I read it is if you're roaming you know if you have a cart around your neck and you have whatever you have in your cart and you're roaming you pretty much can sell anywhere get out of the village between 9 and 6 a.m. 9 9 a.m. and 6 p.m. you can roam especially on 41st avenue I know there's some restrictions in here in the village and the pathways in the beach and so that but but on 41st avenue if somebody had a roaming cart and they were walking up and on 41st avenue they could almost sell anything out of that cart they can but they have to keep moving and if they were carrying selling items that we normally restrict to just a certain amount of vendors they would be any exempt from that no so um they wouldn't be exempt from say selling cannabis as a roaming vendor because that that's explicitly called out in here of types of permits that we only limit a certain number they um and they have to comply with other sections of code so so goods that would not be allowed to be sold elsewhere would not be allowed to be sold by the uh cyber vendors okay that that encompasses it that that the wording there would would prohibit that just seems like there's a lot of leeway with a roaming vendor yeah we can double check that language i'm just looking for where we is that language we can add on to or is this language pretty much dictated by the state no we can add on to it so i'm just looking for that section where we list is this explicit to cannabis sale yes well cannabis sells to sell in the city you need to have a cannabis license that's issued by the city and we have two of them so i'm just i'm trying to embrace this roaming because it just it caused me concern and if it's if there's policies to protect us from that then that's all i need to hear yeah i know it's in here so prohibited activities so under 070 a4 it prohibits selling of alcohol cannabis sexually oriented materials tobacco products products that contain nicotine or cannabis or any other product used to smoke the nicotine for canada we we could add to this some into the effect of and any other materials not when it says sidewalk vendor that doesn't mean stationary that that applies to both roaming and stationary the fact that it's yep because that's both okay that's okay make sure we're covered on that thank you two changes or additions any other questions i have a few questions i'm just the flower vendor in front of well sfardo so i heard that person a little trouble how's that going to be dealt with is this fine with him staying at that corner and his flowers were on a feature i think of the the bank you know like a place for dividing it off so that people can see plants and such like that so that location would not be allowed he's within 25 feet of an entrance to a parking lot and if i were to receive a complaint he would have to move he also tends to have many of his goods spread out and here that it's very specific that if you're going to be a vendor a stationary vendor in one place you're allowed to have a cart that's four feet long by three feet wide by four feet tall so you really have to have a more compact design in order to be on our sidewalks you can't so he is he would be in violation of this code so a lot of times it's in the parking lot area so not on the sidewalk how's that so on the parking lot area he could work with Wells Fargo and ask for a Wells Fargo to apply for an outdoor sales permit the or he could actually he couldn't do that with Wells Fargo because they don't sell those goods inside so we really have to find a flower location that would allow him to sell in their part have a parking lot sale or have an outdoor display of goods that's in relation to like whole foods they sell flowers if he was going to sell their flowers outside he could do it but really the use is illegal within a parking lot okay so he's gonna have to work on a few things okay um packet page 88 you're talking about the vendor sidewalk vendor needs insurance um how do we determine that do we have a way to determine what section of code yeah what section of code okay um so what section is this page 88 section 12 64040 and it's number seven the sidewalk vendor currently applied for a capital business license and oh excuse me number eight excuse me uh the sidewalk vendor has adequate insurance to protect the city from liability and i was just wondering how we determine that it's a rather small thing or is there some general policy we have for insurance or do we um like the size of the vendor i mean is there anything there so in general when somebody when we give an encroachment permit for example to a contractor who's going to be doing work in our public right of way that gives them the right to work in the public right of way we will require that they name the cities an additional insurer and they have evidence of that insurance so for this kind of use i don't think we've landed on exactly how much insurance someone would need to have the fact that they're doing business in the public right of way i think it probably depends to some degree on what level of risk they would pose to the city if they have a big cart that has flames on it it might be different than if someone's coming in for a sidewalk vending permit say to just sell flowers so we that's going to be sort of a procedural element of this that'll be implemented at staff level but we haven't figured out exactly what the appropriate insurance limits would be and frankly we would use other cities i think what they're doing is a bit of a guide i'd like to see that come back i don't want insurance to be so owners that uh basically prohibits that's not the intent of this section the intent of this section is just to make sure that the city is not left holding the dime if there is some so it would really need to be proportional to the level of risk if the city was subjected to okay assuming this gets approved i'd like to see the actual wording and how we're going to deal with that you'd like to come back yeah so not for approval i just want to see it and then if we have some issue with it that's different so um can i just try to read the state of it a little so it would really depend on we were hoping to keep it more loose so that when a different depending on the operator and what their what types of services they're providing um then like the the risk of the flower sales person isn't as high as the person selling sausages and onions that somebody could walk by and get their elbow burned or something so really the the intent here was not to tighten it down and to have prescriptive the other thing to keep to keep in mind is that the liability landscape changes pretty dramatically over time um as you may know recently there's been a lot of cases against cities involving police departments and police liability cases the costs associated them have gone up maybe three times in the last five years um in addition there's been a lot of crosswalk claims recently with cities and accidents that have occurred within crosswalks and pedestrians and so i it's not a static thing this is something that we adjust over time um based on sort of the way the state of the insurance market the state of sort of the risk associated with different times so i don't know that i could come up with sort of a satisfactory response on here's how much it would be because it would evolve over time and it would have um community development director suggested vary based on the the proposed use okay you know cyborg vendor is really not a major commercial entity and their profit or whatever they're gonna make out of it is probably quite small and to have such a burden on them that would make it so they wouldn't even do it i think is against like you said the intent here so i totally understand what you mean about protecting the city but i'd like at some point to come back maybe the agenda item to give us an idea of what you're actually talking about when you're putting um some content behind this particular provision that's my only question i have a question oh that kitty you mentioned that enforcement requires a phone call is that is that just gonna be the normal process in dealing with somebody that may not be following the rules is that what it usually takes so if it were a life safety issue we wouldn't need that phone call to come in we could if i heard that there was something going on that was really jeopardizing the life safety of our pedestrians we could immediately act on something like that um but typically the process is that a code enforcement um a member of the public would have to actually fill out a form so it's not just a phone call it's a form and once the form is filled out it starts our uh code enforcement procedures and it's just our way of documenting that the uh code enforcement complaint has come in and then we'll take it through all the necessary steps to to either uh find out that there isn't an issue there and if there is that we resolve it in a timely manner um and does it require a constituent to know the code that the person might be breaking no they can simply call us and say i have a concern and we would say could you please but we could walk them through it and actually let them know if there is a section of code that um is valid but they don't need to know what section of code that is when they fill out the code enforcement complaint we um and also we never share personal information of whoever submitted a code enforcement complaint and that document's available on the website it's available on our website and you know welcome anyone's from the public is welcome to come into our front counter and get a document as well okay any questions from the audience see none bring it back for discussion and emotion and if there's emotion we have two issues to address the legal entity thing that sam brought up and i think k you captured this and ed brought up uh i guess further definition on roaming oh she clarified it she she's clarified okay so basically what sam brought up is the only addition i move approval with the uh changes oh sorry if we could have just a second to um draft the changes and then we'll read those into the record so you can make your motion take a second okay thank you very much yeah the one note i had was perhaps just substituting um entity for individual excuse me in the section that um councilmember story had had pointed out so within section 12.64030 b no more than one sidewalk vending permit shall be issued to an individual sidewalk vendor comma legal entity comma or business so sam you're good with us yeah okay great so motion has been made we need a second i'll second motion has been seconded all those in favor i i so passes item d consider an amended field schedule fee schedule for fiscal year 2019 2020 you need to be mayor and council uh this last item before you this evening is an amendment to the fiscal year 1920 uh fee schedule so by way of background um each year we review the fee schedule as part of the budget process and the fee schedule that we currently have in place was adopted by the council on april 25th of this year since that time we've had a couple of new programs come up and found a couple areas that need to be corrected those include copy fees tobacco retail license after school program like pickup fee jade street community center deposits sidewalk vending that we just discussed and developer deposits so for miscellaneous fees the copy fees um the first five pages are free and we typically charge 25 cents per page thereafter this fee was inadvertently left off the fee schedule for this year so we're requesting to put that back in there it's the same uh fee amount as was in the previous year for the police department we have the tobacco retail license fee this is a new fee and it's set at 261 dollars and we came to that amount by taking one hour of a police sergeant time and half hour of an administrative records analyst time for recreation we have a couple of fees here the first is the after school program late pickup fee we're requesting to set that at one dollar per minute that's to offset staff times for staying late for to stay with the kids if they're getting picked up late and it's pretty consistent with other after school programs and similar type programs uh in the in the area we've also requesting to add a new fee event vendor fee of a hundred dollars per event to help offset costs of getting the facility ready for for these events um a lost key fee this is also new 25 dollars and it's just to recover the cost of sending someone down to get a new key made and then the last one for recreation is to establish deposits for renting the community center and the deposits range from 100 to 500 depending on how big of a group is going to be using the facility as far as planning we have sidewalk vendor fee which was just discussed so we're going to if the ordinance goes through we're going to have a sidewalk vendor permit of 125 dollars and we're also going to have an annual refuse fee to help cover the cost of trash generated by sidewalk vendors as we go around have to do extra trash pickup we're also requesting to increase the developer agreement from five thousand to ten thousand dollars and add in a new fee for developer agreement annual review of twenty five hundred dollars and a historic in kind replacement of five hundred dollars for getting that permit and then finally the um environmental impact review or eir processing is cost plus 21 percent so when we did the fee schedule like i want to say five years ago all of these types of fees that have like a um management of a contract we raised that we had increased from 17 percent cost plus 17 to 21 and somehow this one got missed and we just happened to catch it this year so we thought when we were doing cleanup we would clean up this one as well um so the recommendation is to conduct the public hearing that we've noticed for this evening adopt the proposed resolution repealing resolution 41 48 and adopt the amended fee schedule and with that i'd be happy to answer any questions i have a question um i have a question about the recreation fees so we had received some correspondence about um if our recreation fees would at any point uh included discount for individuals with disabilities or individuals who are low income and i see we have the senior discount and so i'm wondering is now a time to consider that or would that be during budget hearings to create a scholarship much like we have a scholarship for our teen club or after school club uh what would be the best practice for that so we're also working on a overall fee schedule for the entire fee schedule kind of a redo of what matrix had done before we're just doing it in-house and that will come back to the council in probably april when we normally do the fee schedule and nicky and i've talked a little bit about addressing that whether it's through a um a discount or probably more hd has opinions on it probably much more than i do but or a scholarship program but we've talked about addressing that when we go through this fee schedule update okay so adopting uh these fees now does not um prevent us from later creating new discounts or scholarships for these fees no not at all thank you i have a question so um was it the 50 cents or whatever it is an hour for charging i mean we have a charging station in the in the novel parking lot and so not all private so i'm just wondering about what that means electric vehicles yeah that's for the what that's for the ones up in the upper lot okay and they pay extra for the actual current date of all that's a that's correct that is correct okay kind of so um when nicky did her food truck thing and monterey park i mean there's no fee for the food trucks that come in that's our own activity so we don't charge a special correct for that event we did not okay but that's something that kind of came up as we were going through that is that we should probably have an event vendor fee oh so if we if we do the event we would charge them i mean it seems to me i think it was great we didn't charge them uh so yes we would i think that this is more standard practice for what jurisdictions do because the question comes down to um the city's putting on event and the options are either people come to us and get a permit to operate their food truck there alternatively we're hiring them as contractors to come to our event which implies a lot of things that get very difficult to resolve um insurance for one the selection process revenue sharing all of those things come become issues so nicky did a fair amount of research into this and this is what she's recommending is the map mechanism and i think it makes the most sense basically where we say you can come get a permit from us to operate during these events and here's what it costs okay so they're covering costs it's a little cleaner arrangement yeah i mean i don't know if you have anything to add nicky but that was that was the stickiness that we ran into with this issue the first time okay thank you nicky okay um related question uh we have a lot of control in Monterey park because we own that land i suppose you want to do a pop-up event at um j street park is there any issue there because it's not actually owned by the city okay thanks very successful i'm looking forward to the next one so any questions from people in the audience seeing none back to city council for a comment in motion motion to adopt staff recommendation second okay been motioned in second all those in favor hi hi i am ten adjournment thank you very much