session of the April 9th 2019 meeting of the city council and this part of the meeting the council will receive public testimony. Thereafter the council members will move to the courtyard conference room for closed session. I would like to now ask our our clerk to please call roll. Thank you Mayor. Council members Crone. Clever. Myers. Brown is currently absent. Matthews. Vice Mayor Cummings. Mayor Watkins. Here. Are there any members of the public who would like to speak to any items listed on closed session and seeing absolutely no one here? I'm gonna assume no. So at this moment we'll adjourn the meeting to our courtyard conference room where our council will now go into its closed session unless we have our city attorney having. Yes I have an announcement. I sent the council a message on Sunday alerting you to an amicus opportunity in a case entitled state of Oregon et al. versus azar and another case entitled essential access health Inc. the azar. This is a legal challenge to new to a new title 10 family planning program that would shift tens of millions of dollars from Planned Parenthood toward faith-based clinics. The reason I'm requesting that you add this as a subsequent need item is that it came to my attention after the agenda was prepared and there's a need to take action by noon today. Okay. So moved. Second. The motion by Council McCrone seconded by myself to add this as a closed session agenda item to today's agenda. Thank you City Attorney Condati. We need a vote. Oh forgive me. All those in favor please say aye. Aye. Any opposed? That passes unanimously with Council Member Brown not present. Okay does that conclude your updates? We'll go ahead and adjourn this time. I'd like to welcome you to our 12 30 now 12 40 p.m. session of the April 9th 2019 meeting of the City Council and I would like to ask our clerk to please call the roll. Thank you Mayor. Council Member Crone is absent. Glover? Here. Myers? Here. Brown? Is absent. Matthews? Here. Vice Mayor Cummings? Is absent. Mayor Watkins? Here. If you could please clerk lead us in the Pledge of Allegiance. So this is our opportunity to have introduction of new employees. If I could please ask our Water Conservation Manager Toby Goddard to come on up and introduce his employee. Welcome. Hello Toby. Good afternoon Madam Mayor, Council members. Toby Goddard, Water Department. I'm really pleased to introduce Margaret Haddon who is our newest Water Conservation Representative but she goes by Maggie so please call her Maggie. Maggie comes to us from Laverne which is in the San Gabriel Valley in Los Angeles County but she came up here to go to the University of California and graduated in 2018 from UCSC with a Bachelor's in Environmental Studies and a minor in Education and she has worked in the UCSC Sustainability Office. She's also interned at the Monterey Bay National Marine Sanctuary Exploration Center on various youth education programs. She came to us last year as a temp. We declared a water shortage alert last year and she was helping us with field enforcement of water restrictions. So she first worked with us as a temp and now she's a regular employee with the Water Department. She will be responsible for outreach and education both in the office and in events and online with water waste enforcement, resolution, number of appliance and plumbing fixture rebates and our retrofit ordinance helping us roll out rain barrels and a new home water use report as well as other special projects. I should also note that she's attained already a certification as a water use efficiency practitioner with the California Nevada section of the America Water Works Association and in doing so will help us in the Water Department achieve our mission of providing a safe adequate and reliable water supply for the nearly 100,000 people that we serve from Santa Cruz to Capitola. So in her personal life she does knitting, crocheting, goes to the beach and plays piano. So please help me welcome Maggie to the Water Department. Welcome Maggie. So at this time I'd like to invite Mark Dettel our director of public works to introduce his new employee. Good afternoon Madam Mayor and Council. It's my pleasure to introduce Eli McManus. He's our new solid waste worker. Eli was born in Santa Cruz. He spent seven years in Kauai growing up and then returned and graduated from Santa Cruz High. He currently lives in the county in Alpha 41st Avenue. He has a fiance and a newborn son four months old so that keeps him pretty busy when he's not at work. Work experience he worked for first alarm for two years and another two years in the hotel business. He worked at Best Western on Ocean Street for two years. Graduated from Santa Cruz High and became a certified general mechanic and when he's not working and spending time with his fiance and son he likes fishing for rock cod off his kayak and drawing comics. So please join me in welcoming Eli. Welcome Eli. And last but certainly not least we have our Chief of Police introducing his new employee and or or any please come up and welcome. Thank you. Well Mayor, Council, Deputy Chief of Police, Dan Flippo. It's my pleasure to introduce two of our newest employees that work for our records unit. I'll start with Brianna Cash first. So Brianna is our newest employee just most recently hired. She was born and raised in a small town in Iowa. She went to college twice. She graduated Graceland University with a BA in psychology and then went back to college at Simpson College and graduated with a BA in French and secondary education. She had hopes of being a teacher and then in about 2012 her husband Alex and then moved to the Bay Area. He got a job in the Bay Area and she came out here. At that point she really excelled in some office and administrative skills. She worked for a place called Reliance Metal Center in Union City and she was the ISO administrator and then managed all the company's quality systems and so a lot of that administrative work and duties is really going to pay well for our team at the records in the records unit. She is has been married for seven years. She's really enjoying being closer to the redwoods, the beaches and the coastal communities that we have here in the Santa Cruz area. She likes spending time with her dog which is a Cavalier King Charles Spaniel named Luna. She enjoys playing the guitar. She reads sci-fi and fantasy fiction and loves playing video games and board games. We are really excited to have her on the team. I will let you know she was being recruited by the UCSC for the records job up there and I would want to thank my team and for her for choosing our I think the records family that we have the team we have going really helped win her over and we're glad to have her. All right second but not least this is Andrew. He's kind of a newer employee. He's actually been here for almost three years however it was brought to my attention that we never ever introduced him and so his team pushed him to the forefront and said we're doing this and I'm more than happy to. Andrew was born and raised in Gilroy. He attended San Jose State. He was a security manager for about five years over in San Jose. He wanted to work closer to home. He currently lives in Aptos with his wife Christie. So he applied with us for our records position. He started that like I said about three years ago. He has a 19 month old son Tanner.  He does enjoy woodworking and working around his house. He's also really lately gotten in some physical fitness activity that's good for all of us. I did ask him what he enjoys most about working at the PD and he really said he enjoys the family atmosphere of the department and we enjoy having him as part of our family. So please join me in welcoming Andrew and I just want to say one thing we haven't for years really introduced any of our police officers that have been hired and I just wanted to say that that's something we can work on. The challenge that we have is a lot of that we're hiring are brand new trainees. They have to go to the academy which is about six months and then they're in about a four to five month in-house internal process that's all our training program. It's all designated by state mandates and so we really don't know if they're a full-time employee for about a year out but I'd be more than happy to you know work on some way because we I want to give you some numbers. I know this is an introduction but real short since 2018 and year to date 2019 we have hired 22 police officers which is an incredible number but before we start high-fiving unfortunately due to retirements people leaving the profession we've lost 21 in the same period. So for an immense amount of work and I want to thank my staff for doing the recruiting and the hiring we're at plus one for now so we're going to keep keep moving forward with that but that's the uh so hopefully we'll have a whole slew of new officers to introduce and get get the community to know them. I also want to take this opportunity if you know good men and women that would like to work at the police department please send them their way and I'd be more and happy to get them into the process and and then on a side note not to bum you out even further but the other struggle we have is right now we have 19 employees that are out on medical injury so with the losses and the turnover that's that's kind of where we're working with our staff but we'll keep at it and we'll maintain positive like I said we'll be introducing more new employees here shortly okay thank you for your time. Thank you. Okay thank you deputy chief and welcome to the new employees um and some of the ones that have been with us for a few years it's nice to meet you. At this time we will have a presentation and I'd like to invite up Rachel Kaufman and Chris Reyes um to talk about the clam chowder fundraiser. You'll want to announce the removal of the first one. And I'd like to also announce that we will not be having a clarity arts presentation this afternoon that has been removed from the agenda. Thank you for the reminder. Rachel. Hi mayor and council my name is Rachel Kaufman I'm recreation superintendent with Parks and Recreation. I also am wearing two hats today because as I am recreation superintendent now I was recreation supervisor for special events and I oversaw the clam chowder cookoff so I'm here for both reasons and I'm also here with Chris Reyes from the Santa Cruz Beach Boardwalk and we just want to highlight the success of this great collaboration of this event. We've been having the clam chowder cookoff for 38 years now and we boast that it's the largest and longest running clam chowder cookoff in the country so Santa Cruz we have some pride in that and um so if Chris wants to come on up and we'll talk about about this event we've had such a success over the years that in 2017 we actually expanded the event to two days and since doing that the the response has just been outstanding and you never know when you make a change to an event you know will this succeed will they come out on two days we're not sure well it surpassed our expectation and now both days are extremely busy Saturdays professional I'm sorry Saturdays amateurs compete Sunday's professionals compete and we get the same amount of crowds the dream in his book it's just been a very successful partnership over the years and so over the last three years that we have done the expansion you know we've averaged about $90,000 of fundraising that this event has brought in which is a really large amount and we really appreciate this collaboration and I also just want to highlight that each year we have about 80 teams compete and they come from all over northern California, Sacramento, Stockton, San Jose and this year with all of these teams coming from all over we even have one from Idaho our very own um Rosie McCann's downtown Santa Cruz won Best Boston this year in a blind judging so it just shows that Santa Cruz has a lot of pride and clam chatter a lot of talent our culinary skills and so it was fun to highlight that for this year so I just want to thank um the San Cruz Beach Boardwalk and give Chris an opportunity to speak as well on this great cooperation. Hi my name is Chris Reyes from the San Cruz Beach Boardwalk just want to say thank you to the parks and rec staff for their support and engagement on this event as Rachel said this has been 38 years next year will be 39 really got started because the city had been doing a chili cookoff in at Harvey West and was looking to do a clam chatter event thought it would work wanted to pair their expertise of running an event like that with our ability to promote and draw people to Santa Cruz and so it was born of that and the first few years that we had it was actually in Neptune's Kingdom we covered the golf course and did all the cooking in there and all the tasting and testing and judging in there and as it got bigger we expanded it and while the faces have changed at the boardwalk and at parks and rec the event continues to grow each year and it's been a big success we're very proud and and happy about the public-private partnership of this event and look forward to continuing it for many years to come hopefully and so we just wanted to say thank you particularly to the parks and rec staff and their team for all the energy and enthusiasm they bring to it because it's been a big success for us as well and something our guests and visitors to Santa Cruz really look forward to so thank you to staff and to your team and thanks to the city for supporting this and we look forward to hopefully many more years of a successful collaboration thank you thank you so much thank you so much for the presentation and for the good work that goes to support our city um so at this moment I just would like to make a few announcements and then we'll move on to our regular agenda so this afternoon we will have overflow seating available in the Tony Hill Room at the Civic Auditorium agenda item 15 which is homelessness and the gateway encampment and the four subsequent items related will begin at a time certain of 4 p.m. Today's meeting is being broadcast live on community television channel 25 and is streaming on the city's website at cityofsantacruz.com Hudson Sanses is our technician for both this afternoon and evening sessions and I would like to thank him for his work all city council members can be emailed at city council at cityofsantacruz.com if you would like to communicate with us about an agenda item we'd like to receive your email by Monday at 5 p.m. before our council meeting this provides us with an opportunity to review your email and include it in the with the rest of our agenda packet please do bear in mind that all items of correspondence with the city and the city council do constitute public records and are generally subject to disclosure upon request by any member of the public accordingly if you have sensitive or private information that you do not wish to be made public you should not include that information in your correspondence our rules of decorum are on the window ledge to my left it's my job to keep the meeting running without disruption and I ask and we ask that you respect your fellow citizens when you're inside and outside of the council chambers so at this time I would like to ask if any of the council members have any statements of disqualification today seeing none are there any additions or deletions to the agenda this afternoon no a brief announcement about oral communications oral communications is an opportunity for members of the community to speak to us on items that are not on today's agenda oral communications will occur at or around 7 p.m. this evening I'll look to our city attorney to provide a report on our closed session city attorney at condoning it thank you mayor Watkins members of the city council city council met at 10 30 this morning in closed session prior to the closed session the council added as a subsequent need item a request for amicus support in the case of the state of Oregon versus state of Oregon et al versus azar that was a case filed in Oregon and California challenging new changes to the federal title 10 family planning program that would shift tens of millions of dollars from planned parenthood toward faith-based clinics several cities including new york san francisco los angeles baltimore columbus ohio and chicago are planning to file an amicus brief in support of the plaintiffs in that case today and by motion in closed session the council unanimously authorized the city of Santa Cruz to join as an amicus in that matter secondly item a on the closed session agenda this this morning was a conference with legal council existing litigation the case of hatch pomerance versus the city of Santa Cruz et al discussion of that item was deferred until after the close of the evening session this evening secondly the council met with its labor negotiator labor negotiators to discuss labor negotiations with respect to mid managers operating engineers local three supervisors fire management police management and the police officers association and executives council met with and gave direction but there was no reportable action taken there was one item of considering initiation of litigation and two items of significant exposure to litigation there was no reportable action on those items thank you city attorney kandadi so first up is the consent agenda and those are items three through eleven in our agenda packets all items will be acted upon in one motion unless an item is pulled by a council member for further discussion are there any council members who wish to pull any items council member Glover items nine and ten please comes from a brown and just have a question on five and six any other items to be pulled i'll go and pull five and six i'd like to hear more about it so at this time we'll go ahead and see if there are any members of the public that would like to address the council request an item be pulled or speak to any item on our consent agenda with the exception of items pulled by council members which include item five six nine and ten now would be the time to address the council for public comment you'll have two minutes this is for item any item on this consent agenda items three through eleven with the exception of item five six nine and ten which you will have an opportunity to address any of those items separately okay you'll have an opportunity i believe to speak to that item which will be at four p.m. time certain this afternoon your that would be oral communications at seven p.m. oral communications is the time for members of the community to address the council on items that are not on the agenda at seven p.m. so seeing um no members of the public interested in speaking to items three and eleven through eleven on our consent agenda with the exception of item five six nine and ten and we'll go ahead and return back to council for action and or deliberation councilman i'll move the consent agenda with the exceptions of five six nine and ten second so we have a motion by council member matthew second by vice mayor Cummings any further discussion okay all those in favor please say aye aye any opposed okay that passes unanimously okay so the first item we have polled is item number five which we'll go ahead and ask councilmember crown if he had any questions or councilmember brown if they wanted to councilmember brown well i have one question specific to five in relation to six and then my other question relates to both so um we'll go ahead and five and take them all together or i'll start with five so the my question related to item five was the um so my calculation shows that we're looking at about a 13 percent of the total being requested here would go for design development um and then but which is seems high and so i'm just wondering what that just seems high to me if we could get some kind of um report on why those numbers are higher than a standard um percentage for design in a in a bid okay and then the other question i have is related to both um these were non-competitive bids if we could hear just a little bit more about that so the question is for item five in regards to the um the amount do you feel uh Susan oh Susan Nemitz from the library director okay hi Susan Nemitz i'm the director of the santa cruz public libraries um thank you for having me up today we're really excited about the opportunity to move forward with both our branch of 40 and garfield park projects um you know with measure s there were funds set aside for all 10 libraries and we are madly trying to um work through the eight-year time limit on those funds and get all the projects done i know it's unusual for us to request um a non-bid structure to this um but what we've been doing is trying to develop some expertise as we through uh move through the projects across multiple jurisdictions so we can benefit from the strength of that um david tanzo who we're hoping to hire as our owners rep for the city of santa cruz has um done the project in capitola um he's also um done in the past the project in scott's valley um and he has a great familiarity with um both building public libraries and uh projects in the santa cruz community um in terms of abe jason he's an architect from boulder creek and he has been hired on um several projects in the community sorry boulder creek he's from um berkeley sorry be nice if he was from boulder creek he's from berkeley and he has also done public libraries but he's helping us do designs for la selva beach boulder creek um and the live oak original project so we really do believe we can capture that expertise we don't have to start all the way over and move forward with these two projects our hope is to break ground you know these are just remodel projects garfield park it will be modest remodel because they have a decent infrastructure and are ada compliant but brand seforty is a bigger remodel because the building's a lot older we're hoping to have community meetings in may of this year and we're looking at may 15th for um garfield park in may 22nd for brand seforty and um we will send invites to you but we have to get this past first does that answer your question the only other question was with respect to the design the percentage of for the design contract being a little higher than what i understand is standard um i think we got david was arguing to me that it was lower considering the size of the projects and scopes of the project um the smaller the project it tends to be higher design fees is my understanding thank you susan does that answer the questions for council it does and i appreciate um library director being here and also the um knowing when the community meetings are that was a question that i had as well and i'm happy to move the item when it's time okay thank you so much is there any member of the community who would like to address us on item number five on our consent agenda okay seeing them we'll return back then for council action i believe council for crone you were moving item number five so motion by council for crone seconded by council brown for the discussion council just don't want to say how happy i am to see these two projects moving forward and um bringing measure as to our community and i know there are representative friends of the library in the audience as well so i want to thank them for being here absolutely um without further discussion all those in favor please say aye any opposed okay that passes unanimously i'm also ready to move six because she sort of combined her answers that that questions i had so did you get your questions answered as well okay so is there any member of the community who would like to address us on item number six of our consent agenda okay seeing none we'll go ahead and return back to the council so motion by council member crone seconded by council member brown all those in favor please say aye any opposed that two passes unanimously okay so we'll go ahead and move on to item number nine which i believe was pulled by council member clever thank you um i just had a question for director deadl and that was pertaining to the process in which the decision was made for the replacement of the storm drain pipes it looks like there were 5600 linear feet of new six inch 12 inch and 18 inch sanitary sewage and storm drain pipes just curious uh has there been any exploration or conversation around the implementation of any energy generating pipes for our water and sewage systems like they've adopted in say portland for example um i would we've we've looked at it occasionally at the wastewater treatment plant it's probably the only place we've looked at because of the constant flow towards the outfall where we would go out um i don't know if the water departments looked at it in their distribution system we definitely don't look at it in the sanitary sewer on the collection system just because of obstructions and those type of things so that would be the only location i think it would be potentially there um when we last time we looked at it was about three years through three years ago and the technology wasn't quite as reliable as we as we would have liked we're willing to look at it again but at this at that time it was not not there at that point so great yeah that was just um just wanted to know the the timeline associated with that also and if it's been something that we've already been looking at if it's something we've never thought about before or if it's something that we can continue to look at so it sounds like y'all have already been kind of looking at the possibilities of implementation and what are uh when do you plan on potentially looking at it again do we have any more of these projects coming down the pipeline um you know the wastewater treatment plant is an energy uh energy known um or recognized for energy production they product produce about 70 percent of their power based on the methane um presented at the plant and then they also have solar panels to offset some of the some of the electricity that's used um they're constantly innovating the first thing they did is they changed all their lights out to leds which is the most cost effective way and then they reduced their energy use and then um they reduced all their motors um trying to reduce the the load um they will change their um procedures and practices based on the time of use for the energy charges they're on that so um if anybody's going to find the most efficient way to operate that plant i i have very confidence in them um as far as this specific item we'll have to look and see if if the technology's changed um in the last three years and we were happy to look at it again those are all my questions any further questions on this item from council okay any member of the community who would like to address the council on item number nine on our consent agenda okay seeing none we'll return back for action and deliberation council member clever uh i'll move to um accept or adopt kind of consent agenda number nine um just with the the statement that i'd love to see future storm drain and water pipe replacement uh be cross-referenced and look at energy generating pipe technology if possible okay we have a motion by council member lover is there a second second by council member brown any further discussion seeing none all those in favor please say aye aye any opposed okay that passes unanimously as well um item number 10 which is the santa cruise bike share contract amendment amendment and we have claire here yeah claire fleece like transportation planner just available for any questions you have hello um so i was just curious just looking at the contract as it exists right now in section one b2a it specifies around the reimbursement of electricity costs that the vendor shall reimburse city for electrical cost resulting from the charging docks at the minimum rate of five dollars per month per charging dock as of the month that the dock is installed and so on and so forth the city may adjust the electric electricity reimbursement rate at the city's sole discretion with 30 days advance notice from the vendor so just a question i have is can you explain the five dollar per month reimbursement rate that the city is receiving from uber and uh is there a reason that it's a reimbursement instead of uber purchasing the electricity from the city we do not currently have any charging docks installed yet this was in anticipation of installing charging docks so it hasn't come into play yet um it was set up as a reimbursement rate because it's based upon the ability to increase and decrease that number of docks that we have so it's on a per space we know that there's going to be a minimum and it allows for that flexibility to say you can retrofit other existing docks to become charging stations and we have a framework on how to do that and uh just do you know just in general the ridership that the jump program has per month yeah we have around 30 000 per month aggregated since um may of last year when we launched we've had over 250 000 rides 250 000 rides wow um so that's really impressive thank you for getting that set up here just wondering with the fee rate that's associated with the jump bike program which is a dollar for 10 minutes and so on and so forth then they would just based off of those numbers even if everyone was just riding for 10 minutes with 200 000 uh rides that's about 200 000 dollars being generated by uber based off of just these rough calculations i know that they have 30 day passes and all those other kinds of things but just based off of that well I mean or maybe you would have a better idea what would your estimate be of the total money generated by uber since the start of the program um I wouldn't be able to make a guess on that right now uh they are also responsible for all program costs so there's 10 full-time employees that they employ in the city of Santa Cruz they rent a warehouse space in the harvey west neighborhood they purchase all the capital equipment maintain all the capital equipment etc so there's the revenue and there's the expenditure side in terms of revenue because we have a couple different plans we have a pay-as-you-go a monthly a boost low income um and they've also done some promotional I wouldn't be able to come up with a rough number for you totally um I appreciate that and then just the last question um do you know of other cities that have agreement with the uber jump bikes and that have money coming back to the city not that north no okay um I just the reason why I ask is it just you know especially with uber and its background and how much money they're generating just worldwide as a corporation it just seems strange to me that we're allowing them to operate a bike share program in Santa Cruz without seeing any revenue coming back towards the city and especially when we have locally based electric bike companies that we could be supporting and offering that money to support local business so it's just something that continues to rub me in a weird way just with regards to the uh support that we're giving to uber and its political realities and all kinds of other stuff so anyway just bringing that up uh but I appreciate you answering those great questions that's everything hi um thanks for being here so I just have a quick question I know we've talked about in the past and I'm trying to continue the conversation about accountability for users who are leaving jump bikes in obstructing roads walkways etc I'd just like to hear any updates we haven't had any report back on that yeah so this might be a time to hear sure so standard operating procedure is that when the jump team goes out to retrieve bikes either to bring them in for servicing or to bring them in for charging if the bike is parked inappropriately they report it for the previous user to be contacted the previous user is then contacted by jump and if they repeat this behavior then their account will be suspended since we started the program there were a couple warnings in the very beginning as people were getting used to it but we have suspended 120 user accounts and part of that is that that is what the jump team does the other part of it is that any individual can report improperly bikes improperly parked bikes to jump as well by emailing support at jumpbikes.com with the bike number on the back and the time of day jump will then follow the same procedure and notify the previous user most of the time people just need that one nudge to know not to be oblivious about what they're doing most people aren't intentionally thinking I'm going to ruin someone's day by parking this bike in the middle of the sidewalk it's just that lots of times people don't think of people other than themselves so with usually a gentle reminder the behavior has changed and you know the more people that are contacted the better and the more that we can also model good parking behavior at the better the other thing that jumps doing to proactively address it rather than reactively is they're working on a contract with Ecology Action right now to do education encouragement and training in Santa Cruz they should be releasing a calendar of what those events are going to be next month to line up with May's bike month so we're excited about that having Ecology Action already have community ties and connections to the community and being able to delve deeper into that to to partner with jump on education thank you I just have one really quick related it's follow-up to that can I can I if there's any way that we can get a handle on the bike or the bikes that continue to be left on the Laurel Street hill heading up towards mission it's not a location where I personally feel safe to pull over and look at the bike number but it's a location that I have seen jump bikes in the bike way on multiple occasions and it just is a terrible place in addition to all the other obstructions that one seems particularly a safety matter I'll flag that for our ops team thank you we have another question over here I'm going to do council member crone since you haven't had a question then we'll return back to councilman thanks a lot I had a question for the city attorney we talked about maybe people sleeping on the sidewalk and blocking the right of way what can we do to enforce our right of way because this is conservatively 12 people have you know a dozen folks have come forward to in who are wheelchair bound telling me that this is an issue yes and and both the state law and the municipal code provide or prohibit obstructing public rights of way and that has been discussed in the context of homeless encampments the same rules would apply to the parking of jump bikes in a public right of way and that is in order for it to be a sightable offense it has to it has to actually impede the flow of pedestrian or or wheelchair traffic on the public right of way so in other words if it's parked unobtrusively and there's a wide enough path of travel then that would not constitute an obstruction would would are just are the folks who give parking tickets would they be giving tickets for obstruction or would that be a police matter how what do i tell people can i can i tell them to call somebody to you know if they want that person cited for continuing to block you know they leave in the same place all the time called police department um issues about helmets a big issue I noticed um Claire I really appreciate you are getting back to me on um the questions that I posed because they're all from various people who've who've written to me um any statistics on riders under the age of 18 if they wear a helmet can they be eligible to ride we do not track this data they are not eligible uh to ride and uh under any circumstances if under 18 you cannot sign the user agreement if you are under 18 you are not eligible to ride if you're under 18 the education that we put out is if you are a parent do not sign your child up for a jump account if you are a parent and your child has a credit card check their credit card statement if you are a parent do not give your child your jump account login can we um maybe work with ecology action on this as well I mean I 10 kids under the age of 15 passed me all on jump bikes um day before yesterday that is one of the elements included yes it is okay and and also the helmet issue um it would be great to hear about other cities and how they're dealing with any lawsuits against the city uh for either fatalities or severe injuries from not wearing a helmet do you keep up with that or is that I don't California vehicle code does not it's not compulsory to wear a helmet if you are over the age of 18 we always recommend that you wear a helmet jump offers helmet discount programs we're looking at some helmet giveaway programs coming up as well hopefully for the TDM program that we approved will also be purchasing some helmets as incentives that we can give out but more broadly it's not compulsory per vehicle code are there any cities that you know that have laws to the you know any over 18 has to wear a helmet as well not that I know of in the state of california there's some research that is associated with mandatory helmet laws leading to lower bicycle ridership but for the most part again we encourage you to wear a helmet we love your brain do try your best do you have another question yeah um I think we'd spoken before whether I think it was either in this meeting or somewhere else but that there's the intention for the uber jump bike program to expand both in Santa Cruz and then potentially in Watsonville want to clarify if that's true so what's in front of you today is program expansion as part of contract amendment two right um other local jurisdictions ucsc capitol and the county are all exploring the potential to expand as well which um I'm really encouraged by because it would increase mobility options for people who live just outside city limits are in an easy bike ride to city limits to be able to use jump across jurisdictions great um I am just uh concerned with that and the length of time of these contracts that we as a city are setting the example for our fellow county members to break deals with or enter into deals with uber that is not seeing revenue coming back into the cities so is it possible in these contract negotiations or in the expansion to then request five cents per ride or something nominal small to be able to come back to the city so that we can see some form of positive revenue generation from the bike show program that's not something in front of you today but that is something that I can inquire about it's not something that we negotiated in the preliminary contract or was offered in any of the rfp responses that we got from the seven separate firms that responded to our bike share rfps is it so and I'll and you so I just to clarify in the seven rfps that you received or responses to the rfps I guess none of them had any uh revenue coming back to the city correct and who are those bike programs oh um social bicycles zagster b-cycle buigan cycle hop lattice and one from spain whose name is escaping me impressive off the top of the head and are any of those local companies b-cycle had partnered with a local bike shop epicenter cycles who was a trek dealer and even with our local preferences in bidding they did not they were not the first or second choice thank you okay well thank you claire i'm glad that it was brought up in terms of the youth ridership because sometimes i to see youth or people doubled up and at one point i think i saw somebody tripled up on a jump bike so it's nice to know that they're working on some education outreach efforts um and then also just really highlighting that um how it really is this great alignment between um this effort with our climate action plan in terms of some of the rewards that we receive from um those goals being met so if there aren't any further questions from council we'll go ahead and open it up to the community for any questions and um return for action so this is item number uh 10 on our consent agenda are there any members of the community who would like to address the council on this item okay and you will be given a two minutes afternoon my name is a lucha kino uh i have two points the first one is concerns the um the proposed amendment that is before you it has an internal discrepancy that i would like to you to focus on and put aside and at the bottom of page eight beginning of nine in section two point two point two it states that on launch date and thereafter there shall be no less than 25 stations in the bike share program exhibit e she's on page 21 exhibit e however lists all the encroachment permits in all of the stations and there is a list that numbers 23 sites so the contract says there shall be a minimum of 25 no less than 25 and the list is only 23 i'm very concerned about this for the possibility that you approve a contract that does not have a complete list and somebody either at the staff level or at the uber level sneaks in some additional locations as you know i and my neighbors who use west cliff drive have a lot of concerns about this program it has been very successful but it has created it has changed west cliff drive and sidewalk into a parking lot for these bicycles and i'm concerned about having more stations that feed directly onto west cliff drive other stations elsewhere are perfectly fine program works well otherwise but the the bicycles blocking west cliff drive are a major problem if you recall we asked you to delete the bicycle station at woodrow and west cliff drive you to to action your time is up your time is up thank you please delete it okay any other member of the community who would like to address us on item number 10 okay you'll be given two minutes uh i had a chance to look at a couple of the towers at the rental stations and the two that i looked at particularly don't say anything about under 18 not being allowed to ride and it seems like that that should be on the towers because people i do see them reading and because it says nothing they're left to believe it's fine so i'd like to see that addressed thank you thank you any other members of the community who would like to address us okay mayor council my name is clayton markel oddly this came up short notice for me i'd actually written a letter to council concerning not so much the program but the parking specifically i have the same concerns i have a little bit of concern that we are putting yet another hub in when no one seems to use the thing i live half a block from one they've been abandoned in front of my house i have the same questions what is the city doing to try and get uber and jump to enforce their policies they used to have language ubd charged at 25 feet that's since been removed they give you when i call the station i've called in i don't know how many bicycles i get the same spiel there's been language problems i had to call three times to get some bikes out day after that more bikes parked there the contract we have is the only leverage that the city has to get them to enforce this they claim to it they claim to educate i asked them today no we get them an email okay it doesn't seem to be having much effect i don't feel i should have to police the users of these bikes and this company degets them to comply with their own regulations it's stated plainly and i have concerns about city liability for when those doubled up teens youth on the way here i saw two bikes kids must have been 12 or 14 called in two bikes that were illegally parked just on bay street please review this contract before you decide to approve the expansion take a look at what we are this is our only leverage i'm asking you as a representative i don't know how many people who can't make it today please look at that please get them to do a little more perhaps return that $25 fee that they'll listen to i walked home one night from the council meeting almost tripped over a bike parked in the middle of sidewalk hello and thank you for the opportunity to speak to this issue i would like to echo the words of the gentleman who spoke before me as i have encountered these bikes left abandoned in awkward situations whether along the sidewalk of the going up the hill along the river um in our neighborhood i i do think that before going further with confirming any future contract this example that you suggested drew clever that the bikes would provide some income for the city could also provide therefore for some independent youth rangers who would be circulating and and participate in community and supporting safer electric bike riding etc i think the bike itself is a great idea it can minimize traffic problems but i've been cut off by them i've had them zoom out in front of me out of the blue not looking where they're going or using pedestrian walks and so i think there's their hazards involved as well as benefits just like to have you reflect on that thank you okay thank you are there any other members of the community who would like to address this on item number 10 of our consent agenda okay seeing none we'll go ahead and return back i'll be for i'd like to see if clear if you have any kind of response to the sort of the question that was raised regarding the contract um or any clarification you'd like to offer um i'm guessing you might have some questions for claire i'll let you lead and then i'll follow okay count that yeah um so the three things that i heard and maybe council member crone heard some other ones as well was the 25 dollar impact per parking fee is that still something that's being enforced as far as i know that still stands okay um and uh would you be able to confirm that for us i can double okay that would be great um and then uh to your knowledge is there posting of 18 and over language on the station towers um i will go check as well i i believe there is i might be wrong it's in the user agreement as well okay um and then uh just could you speak to the incorrect listing of site locations per the gentleman's statement about the 25 23 discrepancy yeah so the only ones listed in the encroachment permit are locations that required an encroachment permit not all of required an encroachment permit so the 25 active stations could be the 23 that required encroachments and two that don't correct uh is there a way that we could specify that so that we don't get forced through the contract into the establishment of encroachment permits in places where we weren't intending to do them similar to i just don't want to end up like we are in the Verizon debacle where we're forced to give encroachment permits city attorney kandadi did you have a response to that yeah um i don't read the contract as providing an opening for for uber or jump to install stations at other public rights away without an encroachment permit we would have a very good tools at our disposal to prevent that from happening so yeah then i would uh be you know what some things i'd love to see incorporated in the language then is to make sure that there is clear confirmation that there is a $25 improper parking fee that will be assessed on people after their first warning is issued to them also to ensure that there is language uh restricting the use of bikes to people over the age of 18 or 18 and over on all station towers as well as uh just language i'm not sure we're working with the city attorney or whether it's a moot point but to make sure that those site locations and the discrepancies between the mandatory amount that need to be operational and the ones listed as the permit areas are clearly defined as to what that means and how it can be implemented okay sounds like those were all okay pretty consistent with uh things that you were going to further explore is from my understanding okay is there any other discussion council around well just as a follow-up to mr jaquino's point so we didn't we don't see the woodrow and west cliff location here because i'm guessing it doesn't require an encroachment permit that one has been suspended but what is its disposition as of now so you don't see that there because you did not grant it an encroachment permit so it is removed from the list and if at some future time we were to add another location in the right of way another item would have to come before you as with today with adding loud nelson when we have a resolution that's adding an additional site to the encroachment permit so yes that absolutely would happen at any time vice mayor given the fact that uber has the technology to identify when a bike goes outside of the city limits is there any way or i would just ask if there's the possibility of exploring whether or not we can actually have designated parking spaces in town so that we can avoid having um bikes left on sidewalks because it sounds like for members of the community this is a big issue and if they have the technology to be able to detect if a bike goes outside of city limits my understanding would be they could probably have the technology designed to where they can identify certain parking spaces that are specific for the bikes in town it's pretty close but not with within the reliability of gps we couldn't get to like a specifically where a station location is one of the benefits of dockless bike share and why we went with this model as opposed to a dock based bike share as you would think of city bike in new york or other heavy infrastructure bike share systems is that the flexibility is what leads us to having the high ridership numbers that we have so there are benefits and trade-offs the benefit is high ridership incredible mobility for people being able to get truly from door to door the trade-off to that is that there are a lot of growing pains with teaching people how to park bikes appropriately and working through that to get to a place where people are 100% of the time parking appropriately if there was a desire to go to only a station-based model i would first caution against that i think it would harm the utility of the system and second i would say that we would likely need to double the number of station locations that we have right now and as you remember going through the siting process that was not the easiest process it was rather difficult to find locations that were acceptable that minimized impacts to parking in neighborhoods and that people found acceptable and we with the number of stations we have right now in the projected expansion in number of bikes we would not be able to accommodate that projected number of bikes with the number of stations we have at this time all right so now would be the time for action and deliver okay this contract amendment if we put it off until our next meeting to get some answers to the questions that have been raised how much would that affect the contract it would just slow down adding bikes to the streets that's yeah because i do this too many too many people are coming forward and i think that this is a great program in fact i rode around about 10 miles the other day on a jump bike so i don't want to see this program negatively impacted or get people angry at it because right now we have a lot of people who are pro jump bike and there's a growing number who are anti who probably albeit never ride the bike but it's being put in there in the right of way so often that it seems to me we need to figure this out sooner than later how are we going to stop this because just on my way here i saw three you know in the in the public right of way um i don't know if you have any suggestions or ideas short of not approving this and coming back to us how we can work on the complaints address the complaints we're hearing from folks about bikes being left because i want the program to work so what i've heard so far are three things the first is to double check and make sure that we are assessing a $25 fee for bikes that are parked inappropriately the first time is a warning the second time is a fee and then subsequently it's a suspension so that's that's one tool and if we get more aggressive on that and even remove the warning that could be another tool the second is children under the age of 18 who should not be riding and i will repeat did not sign your child up for a bike membership so that's another thing and addressing that through education i think that will be covered through the partnership with ecology action especially because the college action has so many school-based programs and already has so many contacts with the school system and parents the other part to parking i think will be covered both by assessment of fees as well as the education component that's coming up additionally jump is going to be putting hang tags similar to luggage tags on every single one of the bikes they're going to be kind of annoying because when you're riding around they're going to be flapping but what it's going to say is here's how you park appropriately so the annoying is a it's a feature not a bug to really alert people to that so that'll be rolling out in may as part of may is bike month may is a time that we're having our one-year anniversary of rolling out the jump bike program and i think those things that we're doing are going to continue to move us in the right direction and i'm just i heard that portland gets 25 cents a ride i don't know if that's true or not but could you maybe get back to the council and investigate to see if there's cities that are they're actually getting a fee per for each ride that takes place i can check in and see i believe that portland is the bike town system which has a nike sponsorship and everything is branded nike that's explicitly what we took out of the contract today was any opportunity for outside sponsorships so it's it's likely a different funding model than what we have but i'm happy to look into that i appreciate that you took that out to the branding model okay councillor brown thank you for the three-point summary of the questions and concerns raised i would just make sure that um we've covered the question or response to the question of whether or not um must be 18 and over to ride as a very clearly marked on the the towers signage yes signage yeah i'll follow up on that today councilor matthews we do have a motion before us now don't we we do not oh well i'm frankly prepared to go ahead and move um the motion before us in both components because i think you have given us a clear indication that there is a consequence there will be increased education and physical notification on the parking issue on the underage instructions um parking bikes on the sidewalks um i agree with all these concerns that others have mentioned and i think there's been a steady effort to make improvements on those and many of the issues raised kids doubled up on bikes and not riding helmets that happens on non-jump bike riders as well we all know that and cutting in front of people and everything um but personally i i think this is a great program um it continues to improve um i would like to see it move forward and particularly the location in front of lab nelson center is great that's a high demand area so i'm prepared to move the item before us uh requesting specific information on the issues that have been raised by council members here i'll go ahead and second any further discussion council member final question was would be that what would it take for our parking people to be able to cite the jump bikes that are in the right of ways that how would that happen i don't know the answer to that but i can follow up on that i appreciate that thanks council member glover i'm just doing a quick scan of the document for the um let me get the the document that was provided with regards to the contract amendments and just doing a quick scan and word search under fee there's nothing in there about the twenty five dollar fee assessment but there is conversations about one dollar ridership fee fifteen dollar membership fee so at this point i would not be ready to move forward on supporting the contract as it's written because it does not specify the twenty five dollar uh in the language specifically is there a reason why it's not in there it's contained in the user agreement so it's but it's not in our contract correct and it hasn't been we didn't remove it is there a reason why it wasn't included in the contract just not something that we had no didn't come up covered in the user agreement thank you okay all right so all those in favor please say aye aye any opposed aye that passes with council member brown matthews vice mayor comings mires and myself in support council member crone and glover voting against thank you claire okay that is going to conclude our consent agenda we'll go ahead and move on to item number twelve which is um sorry excuse me a presentation by mike fairy a senior planner on the um public hearing around amendment to title 24 uh zoning ordinance around small guiding policy for small celled wireless telecommunications facilities it's a very long title i'll let you further explain in your presentation good afternoon mayor and council members i'm lee butler the planning director and just wanted to briefly provide a little bit of context on this the council's heard a number of wireless communications items recently and has provided direction to the staff to explore how we can maintain a maximum amount of local control over these applications and at the same time we have federal and state requirements that we are attempting to comply with and so the provisions before you today are an attempt to balance those two objectives of making sure that we're providing you with opportunities to comply with the the federal and state requirements in relation to design guidelines and in relation to the shot clocks which are the time that we take to process these applications and so with that i'll turn it over to our senior planner mike fairy good afternoon mayor council members um section 704 of the telecommunication reform act of 1996 has this language no state or local government may regulate the placement construction or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC limitations so in practice what that means is when we get an application for one of these facilities we require a california registered electrical engineer to provide a report and at that point of the process they have modeled the potential output of rf emissions from the facility and it's based on the type of antenna that they use the topography the nearby buildings that sort of thing and they estimate what the rf emissions would be so at that point we're in a design permit process in the planning or in the zoning section of the ordinance when we go into the actual building part of that and they construct it we require each of those carriers to come back within 45 days of firing up their system and they physically go out and measure the rf emissions to confirm that they are close to or similar to what was modeled and i think in 90 percent of the cases or 95 percent of the cases all of these facilities that i've seen in the last 25 years have been less than one percent of what the federal government allows in terms of rf emissions um in september of 2018 the FCC adopted a declaratory ruling and third report in order in the matter of accelerating wireless broadband deployment by removing barriers to infrastructure and so as the title kind of indicates of they've basically tied our hands when it comes to the deployment of these facilities and we're restricted at this point to the aesthetics of what a facility can look like in response to that we came up with these design recommendations and guidelines that will become a policy approved by the city council it won't be part of the ordinance so it can be amended rather simply versus an ordinance amendment the design guidelines address antenna preferences equipment preferences site location preferences and height limitations they'll also they're designed to comply with the FCC ruling we did get a letter from an attorney a couple days ago representing verizon and that had he had some concerns about the proposed guidelines and we got a response back this morning that i hope you guys got a chance to read from the city attorney's office that basically says that they feel pretty comfortable with the design guidelines as we've proposed them the final thing about those guidelines as part of that FCC ruling required that those be published and available to the carriers by april 15th of this year so we kind of were on a very quick timeline to get this to you the planning commission reviewed both the zoning ordinance amendments and those guidelines on march 14th at that hearing we had 15 people that spoke with concerns about taking it out of the zoning ordinance the entitlement process most all of the concerns were based on the health effects of rf emissions we did have one speaker that spoke in favor of the project and was not concerned about the health effects the commission made a minor change to the zoning ordinance amendments and that was just to clearly say that the design of these new facilities that were going to occur in the right of way had to follow the adopted standards and guideline policies for small cell facilities so that was a zoning ordinance amendment and then they amended a section in the design regulations that had a minimum five foot 500 foot separation in residential zone districts between the facilities and the planning commission extended that to a 1500 foot separation so that's in the design guidelines so here's a quick slideshow of all this recent legislation so in september the FCC adopted this new ruling it was published in october and it went into effect on january 13th of this year and the primary impact that we have is it came along with these shot clock and i'll talk about that a second the shot clock changes so the new rulings have new standards and limitations for what we can ask for the new deadlines the shot clocks that i just mentioned limits on the amount of fees and rents that a city can charge new standards for aesthetic requirements and basically i think it boils down to you can't require them to have more than aesthetic treatment than other carriers than new standards for spacing and under grounding so the shot clock business is almost shocking for us because we're used to the state permit streamlining acts limitations which gives you quite a bit of time when you're working with somebody these new shot clocks are 60 days you've got 60 days from when the application is submitted to when the city makes a determination and that's for a carrier that puts a new facility on an existing utility pole let's say it's a 90 day limitation if they're going to pull a utility pole out and replace it or put in a brand new utility pole with their facility on top currently the way that we operate is that you've got to go through the planning approval process first the title 24 the zoning ordinance get those entitlements approved and then you'd go to the department of public works combined it's taking approximately 180 to 270 days for these carriers to go through that process and it's now going to be required to be a 60 or 90 day process so we're pretty convinced that it's going to be impossible to meet the shot clock deadlines what happens if you don't meet those deadlines is that the project is deemed approved if we don't have the design standards published by the 15th they can design anything that they want and if we don't decide within the shot clock limitations that application will be deemed approved so what we're trying to do until about three weeks ago we were going to present the new public works section 1538 of their code that's going to regulate these facilities we wanted to show you that at the same time that the zoning ordinance amendments came to you but it got a little more complicated on the public works side we're currently working with the city attorney public works and planning staff to try to fine-tune this new process that public works will have and basically today what we're hoping is that we can get the design guidelines approved you can either continue the zoning ordinance amendments that we've got until we're ready to come back with 1538 the public works ordinance that are going to take over the small cell development where you can approve both today and we can hold the second reading of the zoning ordinance amendments until the public works amendments come back to you for a second reading and i know that's complicated but that just cropped up like three weeks ago i did get a i did mention the letter that i got from paul all britain and the city attorney's response other than that i haven't had any phone calls from the members of the public and i wanted to show you the rest of these pictures i'm sorry i spaced out um so the aesthetic guidelines uh need to be reasonable non-discriminatory objective and published in advance and again that's by april 15th and the purpose of this is to prevent installations that look like this and these are pretty typical for the last seven or eight years maybe and i think this was all in the city of san francisco you've got an antenna that's out on an arm that comes off the utility pole and then it's got the switching equipment a pg and e meter they're all painted different colors they're rusting there's wires hanging all over the place um this is another example where they have outrigger arms coming off uh the panel antennas are directional they're aimed up and down the street and down below you've got all of this switching equipment a big pg and e meter a lot of times when they do an installation like this they'll leave coils of wire so that if they come back to remodel in the future they'll have the wire right there available and they'll have big coils just stored on the poles so all of our design criteria that we've got in front of you today is aimed at having facilities that kind of come out cleaner looking um to me they're obviously still a cell site but um aesthetically they're a lot more pleasing than the previous pictures that we showed so that is the presentation i'd be happy to answer any questions that you might have are there any questions from council members at this time council micron just thinking about um reading the minutes from the last meeting uh and there's going to be some research being done by the by may 14th um does this what's been in front of us if it passes does it have to come back to us again or no the zoning ordinance amendments that we're proposing today would have to come back for a second reading would they be able to come back at may 14th when we absolutely okay i just want to make sure and and the whole notion uh and i i would just like to hear from folks talk about the aesthetics and placement of equipment that that's i think what the focus might be about even though i'm extremely sympathetic to health issues but if you could include something about your thoughts on aesthetics and the placement of the equipment okay are there any questions from the council at this time okay we'll go ahead and open it up to the public i received a request for additional time on behalf of an organization emg aware and i believe um satya orian is going to be representing or speaking on behalf of this organization you've been granted additional time for three up to three minutes please come ahead thank you um mayor watkins and city council um i i think the ordinance is good but there's a number of changes that i think are very important first of all i'm i'm very concerned that the public process has been completely removed um that it does not seem right that the only thing left to us will be appeal to the council which would cost and we can't afford to pay for appeals so my suggestion as an alternative to that would be um public hearings with the planning commission now i hear you talking about the shot clocks but i've also seen some some comments on that that these are not legally binding that there are suggestions that they're procedural um i think public process is extremely important and we can't be bullied by the telecoms we have to have public process or we have to have the fees waived for appeal we have to have the right of the public to speak um another important piece that i'd like to see added which was from the monorail ordinance they have the wording that they use um for denial of incomplete applications which also helps with the shot clock immediate denial if any portion of a submitted application is incomplete or deemed unacceptable the application will be denied without prejudice the shot clock will be terminated and the application disqualified the applicant may submit a new application with the necessary accompanying fees to restart the shot clock and and the approval process so i think we should consider adding that and also the thank you to the the planning commission for the 1500 foot minimum spacing i think that should be also amended to be in all zones not just residential um and and for a verification of that Verizon Zone CEO we have this on video Lowell McAdam he verified that 5G does not need to be line of sight and will easily travel 2000 feet or more so there's no reason why they need to be in any zone less than 1500 feet um i would also like there to be um immediate i didn't see the public notification in there i'm sure it is but immediate public notification of everyone within the 300 foot radius of proposed installations and also immediate posting on the city's website so people can know that these installations are going in just to just to go back to public process i know there's something in there about an applicant sponsored public hearing and you know while this is great for letting people know what's going on it's not valuable public process thank you it's propaganda thank you all right so this is for item number 12 for any member of the community who would like to address the council on this item you'll have up to two minutes to speak hi my name is sylvia skeffich i'm a doctor of chiropractic i live within the city limits on kayuga street and i've been here many times before and given comments on the looks and the height of the polls and i've lost my argument each time and i'm disappointed by that but i'm here as a person and even though i know the validity of health effects isn't going to go very far i'm speaking as an electromagnetically sensitive person to the point where i would call it handicapped i would call it handicapped um so i'm also a health food nut and i will eat healthy food only my neighbor can eat as many cheez-its and hostess cupcakes as he wants but no matter how much the industry supports him to do that i am not forced to live that lifestyle or have that kind of ill health effect myself however if that very same neighbor wants his streaming and the industry supports him to have that i am forced to undergo the health effects that i feel when i'm exposed to that kind of radiation which is heartbeat irregularity muscle aches and pains head pressure head pains hot flashes sounds in my head and nausea none of which i have when i'm outside of the ambient field none of them so i'm just here to state that and i'm also here to say that as i might go get a designation as a handicap because then the public writes a passage i am afraid i'm not going to be able to use the public right as a handicapped person and i know that there is ways to get designated as that electrically magnetically sensitive handicap and i might use that in the future to fight that my right of passage is impeded and i won't have to leave the room now because this room is highly uncomfortable for me thank you okay next please oh dear i'm really grateful to hear um Dr Skeffich's presentation but i'm also really saddened by it i too suffer extreme consequences and have noticed how my body has changed just being in here even with the fans you know the radiation in my head the palpitations in my heart and i have no problem speaking publicly i've spoken many times to the county and also before you all by the way i did vote for each of you and so i really want you to hear what i have to say about this um you know i i i understand that we're caught in a catch 22 with the um FCC regulations the old rules that were imposed way back in the day when there was a deal i think believe during the clinton administration's rule a deal between Verizon and yeah okay sorry oceans um my point is there is now a current um debate here within our own nation within our own state and within other cities and countries around the world about the health risks of this technology now i won't say that i don't ever use this technology it's brilliant but do we need more and more and more the next new device and do we need it imposed on us everywhere all the time i suffer from this technology i use it i have a cell phone i use it in emergencies or as needed but i i also am seeing young people uh walking crossing streets without even looking where they're going because they're in devices with the recent brain trauma i was told not to use any devices it's more than a year and a half and i'm still hypersensitive to all of this i'd just like to conclude with 30 seconds please no i'm sorry i i am pretty consistent with the time so everybody has an equal voice but you're welcome to leave your comments and or email us your comments so your time i just think that the um testimony of the county health officer is really important to look at as well okay from 2012 your time is up thank you next speaker you'll have up to two minutes please hello um thanks for all the work you folks do you really have you have a lot going on don't you anyway my name is uh riko baker i'm a vietnam veteran and i'm strongly affected by electromagnetic fields partially because of the jobs that i had uh in the navy i want to emphasize two points first a state legislature that's us is not subject to federal direction this was made exceptionally clear by the court case new york versus united states in 1992 section 188 and i quote the federal government may not compel the states to enact or administer a federal regulatory program it is uncontestable that the constitution established a system of dual sovereignty the federal government was granted by the states only discreet enumerated powers in article one number eight and this was made extra clear by the tenth amendment the constitution ensured that the various state governments would remain accountable to its citizens there is a separation into two spheres state and federal just like the separation of powers in the three branches of the federal government this principle was made clear by madison in the federal papers number 39 and 51 for example so the two points are number one on one hand we have the importance of maintaining the separation of powers as mandated by the constitution on the other hand we have this rogue federal agency the FCC meant to protect the citizens but now captured or commandeered by the communication corporations themselves this is called having the fox guard the henhouse in general we do not like to deal with messy lawsuits but it is a matter of being true to our oaths we did take oaths to defend the constitution thank you thank you very much thank you joanne well felt 4g 5g um there is a african prover that says if you go fast go alone if you want to go far go together it is said 4g will take our health and sense of well-being 5g and ours will uh put us in the millimeter frequent millimeter wave frequencies and will make our brains disoriented in days of millimeter wave frequencies we may be can have permanent brain damage a society of dementia perhaps we won't be able to care for our families nor ourselves the credible scientists say 5g will destroy most living organisms on earth and including humans and the earth belongs to all of us not just those that have created the 5g agenda we must speak the truth here our lives depend on it as we speak elon must elon must ceo of tesla the electric car company an owner of space x is in the process of putting 12 000 satellites to be millimeter wave frequencies to earth he has already put up five of these satellites 8 000 more satellites are planned by other companies for a total of 20 000 satellites to beam millimeter wave frequencies on us on earth this is weaponized frequencies used by the military also elon must is involved at the california-based company called neuro link i highly recommend you you google neuro like brain neuro link in developing his brain mesh that has a radio frequency chip he wants to install this mesh via the carotid artery which will migrate up into our brains so that the radio frequency chip will connect to robots this is a form of transhumanism and the future looks bleak unless we come together as a group preserve our earth and humans stopping 5g is excuse me ma'am to our survival with gratitude thank you and thank you okay i'm quoting harry v layman a lawyer specializing in engineering and scientific proof cases uh set he's had a seven years focus on dna breakage from data mod modulated rf he served with president reagan um he is urging the senate to suspend its approval of a national close proximity microwave radiating system underlying 5g and if 4g 5g goes in he says there could be massive data hacking would allow foreign powers to track the day-to-day details of virtually all human life in us including location and movement of military assets and personnel thereby national security impairment includes the ability to see inside buildings as well um and this creates severe civil liberties personal privacy impairments from ubiquitous surveillance never previously experienced in the united states so i'm trying to give you some other things in the health effects to work with uh ems is recognized by the american disabilities association a da public utilities may not incommode anyone in the public right of way there's going to be a lot of problems here as people are claiming disabilities and doctors are signing off on these so you know lawsuits usually come to mind um we can't become a fascist city or county and not allow public process on these issues um we elected the supervisors in the the county clerks here everyone here has been elected by the people and the planning committees too um so it's important that the people who elect you get to have some say in process not just a few wealthy elite people thank you thank you next speaker please hi i'm glenn chase i'm a university professor in environmental economics i'm an expert in environmental toxins i worked with this city on the light brown apple moth and i was instrumental in stopping that program it was a category three toxin i want to read something from google insurance companies call wireless radiation electromagnetic insurer loyals of london has excluded any coverage for injury resulting directly or indirectly from electromagnetic radiation people know who loyals of london is here's a statement from verizon on their annual report to the securities exchange commission our wireless business also faces personal injury and consumer class action lawsuits relating to alleged health effects of radio frequency transmitters which they're putting on your polls we may be required to pay significant awards or settlements so they're re disclosing to the securities exchange commission not to you or to the public i want to then read nationwide's insurance policy on a premier business owners liability coverage form every insurance company including loyals of london who they all follow has excluded coverage liability coverage from any electromagnetic which is wireless radiation and they include the electromagnetic in this exclude asbestos electromagnetic lead or radon so what i would suggest to you is get in their way as best as you can check every vendor and equipment that goes up in this city is required to have insurance ask them for the insurance on their equipment and the other thing is is the attorney read that the telecommunication act as long as it comes within FCC regulations for for environmental i didn't hear them saying it comes within FCC regulations of the risk that insurance companies will not take so they're going to take it and if you put it on your polls you're assuming the liability okay next speaker thank you i'll have up to two minutes hello i'm rabia barkins and i want to thank the council for the changes they've made in the or ordinance so far i would like the to ask the council to deny telecom permits if the ADA compliance is not met fully and to ask to expand the ad language to read all wireless facilities applications permits and approvals shall be accepted issues and issued only if a full compliance with the ADA section 504 of the rehabilitation act of 1973 as amended the fair housing act california government code 11135 an all applicable state and federal disability or discrimination laws there are real health concerns with three four and five g microwave radiation i'm a health practitioner i know about the science i know about the biochemical changes in the body the nih and us toxicology institute did a 25 million dollar study showing clear evidence that microwave radiation causes cancer based on biological changes in the body so it's not just thermal heat changes as the 1996 telecom act says i propose the city of crannet santa cruz is not fully aware of all the possible health side effects for themselves and the residents and i want to put special attention on the ADA plan there is an important ruling by the california supreme court t-mobile versus san francisco the supreme court supports city governments to take power to regulate placement of self facilities we know that any 4g facilities will be eventually also 5g facilities with much higher microwave power and more hazards your time is up thank you before our next speaker continues i'd like to get a sense of how many people in the audience are interested in speaking to this item okay i will go ahead and we have a presentation at 230 i believe if you could please line up to my left and stand in line we'll have up to two minutes but with a conclusion of public comment at 230 for our presentation and award ceremony so please hello my name is tammy downlay i've been in the area since 1975 i always had incredible health in early 2000 when they started deploying all the cell phone towers and some a quarter mile from my house i severe insomnia and watch it go from 2g to 3 to 4 i mean it's been so hard just to be in this room like the other speaker said is like all the charts horrific and i feel for all of you and i hope you do the right thing to protect our community because we i don't believe we'll have one if you get these 5g towers everybody that's weak pregnant the children it's going to be horrific it's already bad so i pray that you do the right thing i'll let other people speak thank you thank you very much good afternoon i'm brett guillard um i think council member crone made a good point in saying we should speak to the aesthetics just because of the crazy laws so i'm going to go out on a limb and say that i think all 5g antennas are hideous no matter what they look like and i'm serious because you know if i see a nuclear power plant it doesn't matter what it looks like i'm afraid of nuclear power i cringe it makes me uncomfortable to see nuclear power plants and 5g i i'm not aware that i'm sensitive but i've heard very convincingly that other people are and i will be frightened when i see those 5g antennas i'm very proud to live in a sanctuary city sanctuary means we keep our people safe not only from immigration authorities but also from the fcc and from corporations deploying 5g technology that is untested unnecessary and probably dangerous we should not become guinea pigs we resist ice we can resist the fcc please keep us safe thank you i'm kerry and i'm in the same category as many people here i am sensitive i worked in electronics for 25 years and i have a master's degree and i understand quantum physics this is a hell quantum physics type of equipment it's a laser it's cold laser it uses diodes and when i turn it on you can see that there's something coming out you can see that if you put this right up in in your face it might do your main blind you the cell phone this is fda approved for inflammation and pain which is what i get being around cell phone emitters of any sort and or even dirty electricity or internet that's inside wi-fi i get that causes me inflammation and pain and oxidative stress which basically makes me sick and in a lot of pain and i suffer because of that with these tools technology can be used to benefit persons but it can also be overused or inappropriately used to harm people places and things every living thing is in jeopardy from microwave radiation it's just a different kind of radiation the sun is dangerous if you get a blister as a child you can have cancer as an adult because it takes that long to work the new technology however has sped up these same kinds of damage it doesn't feel like you're getting any damage but you are and it will come out now this is not to be played with and the profits are on the table for the corporations next speaker please hello folks um i'm varvara paisis i've lived in santa cruz county about most of my life and i just recently retired from the university library um this is my first time speaking in front of the city council so it's great to see all of your faces and thank you for listening um i'm here today because we are at a critical juncture and i want to encourage you to be bold and to stand up for our future one professor calls 5g the stupidest idea in the history of the world another research scientist calls 5g the most dangerous idea since the atom bomb but it's even more dangerous because it's going to be deployed worldwide the numerous negative health effects of 5g have been extensively documented less yet this technology will not be tested for safety before being installed in our communities until these tests are done i would like to see a full moratorium on small cell technology on ugly small cell technology 5g will negatively affect all life forms at the cellular level humans plants insects animals and microbes today we are here later discussing the homeless yet with thousands of small cell units mounted on our neighborhood telephone poles we will no longer be safe in our own homes nor restful in our own beds we cannot opt out as individuals families or households we are concerned about climate change yet but with 5g thank you your time is up thank you very much okay our next speaker hi my name is gary scofill i'd like to read an international appeal appeal to stop 5g on earth and in science this was addressed to the UN who uh world health organization EU council of european governments of all nations we the underside scientists doctors environmental organizations in citizens by the way 64 000 signatories from 168 countries urgently call for a halt to the deployment of 5g wireless network including 5g from space satellites 5g will massively increase exposure to radio frequency radiation on top of the 2g 3g 4g networks for telecommunications already in place rf radiation has been proven harmful to humans in the environment the deployment of 5g constitutes in an experiment on humanity and the environment that is defined as a crime under international law from the nuremberg trials telecommunications company worldwide with the support of governments are poised within the next two years to roll out the fifth generation wireless network this is said to deliver what is acknowledged to be an unprecedented social change on a global scale what is not widely acknowledged is that this is will also result result in unprecedented environmental change on a global scale despite widespread denial the evidence that radio frequency radiation is harmful to life is already or overwhelming in 2015 215 scientists from 41 countries uh based on 10 000 studies peer-reviewed scientific studies demonstrate harm to human health from radiation alternate the altered gene expression altered stem cell development cancers cognitive impairment dna damage miscarriage sperm damage learning and memory deficits into children increase autism recently an mit scientists extrapolated that one in two children by the year 2025 will have autism this will only exacerbate that issue um and okay thank you very much thank you hello city council steve codcanon uh fifth generation Santa Cruz and i i just don't know if i could add to that but i would like to speak on the more romantic and metaphysical the FCC or anybody or any company can't possibly harm human life and that of the children and the unborn children my god if we were on the street and an adult was harming a small child we were the intervene to some extent they might say i'm the parent the child is out of control if they did irreparable harm to that child we would go through a process we would call the police we might in rare cases intervene we're at the point where we have to intervene so regardless of the technology as explained by the attorney uh this protocol we're going too far it's it's it's becoming it's a state of war hopefully it's one we can talk about and we're losing the ability to speak publicly the jeffrey uh the uh supervisor from wassenville he had to get involved they wanted to put a cell tower right in their little community right in the middle because it would bring profit it was defeated and he said it is unfair for the common man to have to go up against these corporations this proposal uh on 12 there's some way to drag our feet now in up in the bay area there's an attorney advising city council and the people run the stuff the lawsuits that are going to come in are going to be in the millions towards the billions so we may postpone this we're going to get nailed i'm going to probably join in them well i have to agree with steve we've reached the point where we have to intervene we have been completely hypnotized by this technology people have been sucked into severe addiction to their devices and they've created the impression that there's an unsatiable demand for ever increasing bandwidth how do you feel now do you feel much more fulfilled than you felt 15 20 years ago when these devices did not exist and yet there are thousands of studies which are completely ignored by the legislative community and and buried by the corporations which show the manifold harms of these frequencies and these wave forms the wi-fi frequencies are pulse modulated they come in little pulses and those pulses are much more deadly than the frequencies themselves they do affect us down to the cellular level they interfere with our nervous system they block biological processes in the body as amply documented by martin paul who's the man who said that 5g is the stupidest idea in human history there are many people now who are putting out articles to the effect that this is an extinction level event but we're already being harmed by 3g and 4g we are in a situation where we have to change the way we're going we're being forced into this by federal regulations which as the gentleman earlier argued okay your time is up thank you i'll be setting that up i'm here to talk about real science we'll go ahead and oh do you want to start the timer two minutes you there um i'm here to talk about real science real math and i have an example here um wtf is not what you think it is it's what wireless technology facilities which is a blanket term for every kind of cell tower 5g um let's go through simple math exercise on why wtf 5g is going to save many many lives um and i'm just going to give you one example self-driving cars not medical not all the other things uh the key about 5g is latency latency is the amount of time it takes for a digital device to react current cell technology is 60 milliseconds right now so you know your cell phone your 5g 4g lte has a 60 millisecond latency time what does that mean in terms of a car driving at 60 miles an hour that car will travel five feet in 60 milliseconds that's not enough um latency not short enough latency to avoid hitting up pedestrian obstacles and so forth 5g on the other hand one millisecond latency what happens in one millisecond at 60 miles an hour that car travels you can it'll only go one inch what that means those self-driving cars takes over from us humans who have drunk drinking distracted no more no more pedestrian deaths no more car accidents on 17 think of the lives saved with the simple you know this this new generation technology it's all in the math and it's all in the technology everything else you've heard so far is pseudoscience on red you know hearsay the birds falling out of the sky in the Netherlands which has turned out to be a hoax and so forth i urge you to really focus on the this next industrial the next phase in our industrial revolution which is 5g and this is just one example real example real math real science things good afternoon i'm scott ram there there has to be other jurisdictions states cities counties that are suing the FCC and i think that you guys should join in on that because this is ridiculous that all this is being forced down our throats without any any recourse whatsoever uh i mean i use the technology but i still think that there's a way there must be ways to do it that'll be safer i mean we we have a lot of very intelligent people in this country and and to go steam rolling ahead with this without looking for a safer way to do it seems ridiculous to me the other thing is on your aesthetics or uh whatever of these towers there there should also be something in there to prevent birds from landing on them or landing near them because they can get fried and or you know have uh cognitive damage done to them for being too close to the the towers for too long and as my understanding of this is that we're not talking about just radio frequencies it's a certain type of radio frequency called microwaves and that cooks food and so you know what are we cooking our brains with these microwaves and are we is this you know an experiment to like lessen the population of the world so that uh the rulers can then have more control over what who's left thank you and you'll be our you'll be our last speaker on this item feel free you'll have up to two minutes i'm walking slowly because i have a sprained ankle i'm in a boot and boy are we being booted around by the telecom industry big time taking the word of the telecom industry about the safety of this technology is like and we just have an example is like believing big tobacco about the safety of their cigarettes the evidence is overwhelming to the contrary i'd like to remind you that no person no child no fetus has consented to 24 seven bodily microwave trespass from 4g 5g or any of it we do not consent to this known harm being forced upon our bodies and elected representatives need to be defending and protecting the public from harm this is a toxic trespass issue it's a corporate rule issue if you saw the dvd i gave you or seen the Verizon promotional videos about how 5g penetrates walls and goes into your house if you have somebody trespassing into your house you could call the police but here they can trespass with harmful radiation and that's supposed to be all right somebody called this a telecom tower tsunami or telecom tower blitzkrieg and i looked up blitzkrieg warfare sudden warfare overwhelming like disaster thank you this needs to be halting and i'm going to give you copies you're welcome to give copies i'm going to give you copies of the 5g appeal okay stop this your time is that please sign on to them okay so now it's um i'm going to go ahead and conclude public comment we have a 230 presentation at this time we've concluded public comment but you're welcome to leave your comments here with our city clerk we have an an opportunity to recognize some of our outstanding volunteers in the community and um they are enjoying a reception uh in our courtyard conference uh courtyard area at this time i'm used to saying courtyard conference room we'll go ahead and have we'll go ahead and have we've excuse me excuse me go ahead pause i'm going to ask that you please keep your your comments down we had an opportunity to hear from the public at this time we're going to go ahead and take a pause on this item we'll return back for action in just a moment but we're going to have a moment to recognize some of our outstanding volunteers um we'll go ahead one second one second just don't where there are other people waiting to speak i think the older woman in the front i've concluded public comment at this time on the item they're welcome to submit comments at a future time okay so we're going to order i would like to make a motion that we have two more people who are waiting uh in the front row to speak or one was in the front row one was in the back row there's two more people to speak on the last item they're waiting in line they weren't able to stand up during the whole time second and okay there's a motion to extend public comment all those in favor please say aye aye opposed no okay so that passes with councilmember crone glover brown and vice mayor Cummings in support uh Myers uh Matthews and myself against if we could since this has been extended and there's two additional people that were granted to speak i would say one minute but i will um were you one of the two top the two people that were granted to speak i'll go ahead before we get started will you go ahead and let the folks in the courtyard know that we won't be joining them at this time but they're welcome to come in at the thereafter for the presentation they can have the two additional speakers can have up to two minutes okay my name is Breanna Garcia um i've only lived in this community 14 years i think or 15 years but anyway um just being in this room again for me is very difficult my heart's been racing i know my blood pressure goes up i went outside to my car i felt much better i think this is i'm i'm i'm i'm afraid i'm afraid for the children i'm afraid for the old people i'm afraid for myself i'm afraid for the animals for the bees what are we going to eat if we have no bees i mean this is very serious and i think it's i hope somebody because people spoke spoke very eloquently today i was really impressed i learned a lot and i'm really concerned about due process like can't don't we have any power are we just going to lay down it's just like a holocaust and maybe people you know you guys believe it or not but it's true and this is getting crazy it's like on the level of you know genetically modified foods and other things like that this really matters you know we need to be able to think lately i can't remember you know what i can't remember anything you know it's like i can't find my words what's going on you know and i have a cell phone and i have a like a shield on it but i actually honestly my heart i missed the time before cell phones i missed the time before this this technology when we were connected and it's really we're not going to go back that way but we really need to resist the federal government we're a sanctuary city and i know there's a way around this and what's up with one month this is coming this crazy all right so thank you very much for giving me this time i know you extended thank you governments and organizations that ban are worn against wireless technology 1993 environmental protection agency the FCC's exposure standards are seriously flawed 1993 food and drug administration FCC rules do not address the issue of long-term chronic exposure to our f-fields 1993 national institute for occupational safety and health the FCC standard is inadequate because it's based on only one dominant mechanism adverse health effects caused by body heating 1994 amateur radio relay league bio effects committee the FCC standard does not protect against non-thermal effects UK department of education in 2000 children under 16 should not use cell phones except in an emergency 2002 interdisciplinary society for environmental medicine 3000 physicians in Germany recommends burning cell phones banning cell phone used by children and banning cell phones and cordless phones in preschools schools hospitals nursing homes events halls public buildings and vehicles 2003 american bird conservancy and forest conservation council brought a lawsuit against the FCC because millions of migratory birds were being disoriented by microwave radiation and crashing into cell towers 2004 international association of firefighters opposes communications antennae on fire stations 2005 solstice austria's public health department okay your time is up okay okay you'll be our last speaker all right thank you thank you for listening thank you for extending my name is nan schweiger and i have just very brief please look at what dr jack cruise a neurosurgeon has to say about 5g it will shred us please go to youtube go to the internet jack cruise 5g please listen to this brain surgeon it busts our dna you want strokes forget about cancer strokes aneurysms this is coming this is no joke they're circumventing the constitution with us please stop it thank you so we will uh conclude public comment we'll go ahead and take a pause for our um presentation and recognition of our outstanding volunteers no come in here now 230 is someone did someone we'll take that's great everybody smile all your dogs wonderful hello okay welcome um we'll go ahead and get started so we're now on item number 13 which is um an opportunity for our uh city council and community to recognize some of our outstanding volunteers who are at this time filling our chambers so welcome to you all um i'll just briefly make a few comments and we'll move forward with some of the recognitions um so national volunteer week is about inspiring recognizing and encouraging people to seek out imaginative ways to engage in their communities it is about demonstrating to the nation that by working together we have the fortitude to meet our challenges and accomplish our goals the cities are volunteers who give their time and their commitment to the city of santa cruz are outstanding examples of what can be accomplished when people care about their communities and so today we have an opportunity and privilege to recognize some of the finest of these volunteers so laura please uh proceed with your comments i want to thank the city council members for helping us recognizing our outstanding volunteers in the past year over 1500 volunteers have given their time talents and commitment to our community it is a privilege to acknowledge the outstanding city serve heroes who work to make our local lives better and improve our community i'd like to introduce karen delaney the executive executive director of the volunteer center and my boss who will help me hand out the awards and um i'll call out the name and i will apologize for saying people's names wrong because i do every year no matter how much i practice um and when i call out your name if you would come up and the council member will read the award and then karen will will give you the award so our first uh outstanding volunteer today is abby young abby is the founding member of the first firewise neighborhood group in sanikers county firewise is a nationally recognized program that was developed to create greater resiliency within neighborhoods for the impacts of wildland fires abby and the firewise group have increased awareness of the tasks necessary to reduce fire risks and enhance emergency preparedness but even more importantly has taken action in the form of vegetation management in the prospect heights neighborhood abby has served our community making sanikers safer and inspiring other volunteers to do the same thank you and our tails to tails volunteers and um i'm not going to try to read everybody's name so if our tails to tails volunteers would come up and maybe introduce yourselves my voice isn't going to last a long time come up to them just come up to the mic introduce yourself shila dean our line but more importantly mazy i'm phil kipnis and this is nana nana is one of our wonderful volunteer um poodles i am kipnis and i've got the other standard poodle miha norma sacks and schnauzer cooper i'm lexie and this is isekya roe Shapiro and maxine thank you very much for doing that i love that i have this one for one thing my daughter's first word was this is a true story woof woof and also um when we did the manager s campaign for the santa cruise public libraries this tails tails program was one of the poster children is such an appealing program throughout all our branches so thank you so with that tails to tails is the volunteer program in which community members and their dogs meet with children and parents every week to listen to the children read and encourage them it takes commitment to support this weekly program and the children and parents count on it this kind of support has been proven to increase children's reading confidence and skill plus who doesn't love to snuggle up to a cuddly dog so thank you to all all the volunteers who share their time and their dogs and who has more fun everybody does thank you alise soto so alise dedicated her summer to volunteering at super camp our camp that hosts 35 and six years old over three months alise gave 200 hours of her time to this program she facilitated games and projects for the children and always displayed patience energy and kindness and as a former camp counselor i would say how wonderful it is that you are doing this work for our community so thank you very much julia bates congratulations julia julia volunteered at beach camp running and assisting many activities she took the initiative to teach water safety to the 30 campers enrolled in beach camp julia strengths include leadership responsibility creativity and energy and over three months she volunteered julia helped to make beach camp a great success so thank you for everything all martin was going to be running a little late i don't think he's here yet so we'll hold off on him and hopefully he'll get here before we finish so helen waller helen waller helen waller teaches line dancing three times a week at the downtown senior center she's responsible for the growth of the beginner class which has upwards to 30 individuals per session helen's positive and patient attitude has made her a beloved member of the senior center team helen waller thank you judy cob judy cob helped lead our land lines line dancing classes twice a week for over 15 years judy is an outstanding volunteer and has helped to build community for local seniors by organizing extra events and meals thank you judy ian d wall dillon jim carher and joice he can come up jim was not able to come today so joice is accepting the award for him and i'd like to bring up my volunteers too because uh this ward come on up senator volunteers so this was specifically meant for jim but i'll extend it to all of you but actually you could speak for the entire group exactly yeah so i'm going to extend it to everyone but this fall the san accrues police department engaged a team of trained citizens volunteers to assist the department in non-enforcement duties this team has been instrumental in creating the volunteers in policing program as well as the you are not alone program and the vacation check program these members have always been willing to help and complete tasks in a timely and organized fashion they've invested hundreds of hours in the volunteer policing programs have inspired and mentored many other volunteers their work and dedication helped to make Santa Cruz a safer and stronger community and so i'd like to thank you all for your volunteer work and your commitment to this community it really has been a delight to watch this program get out the ground it's just an an outstanding program and very exciting to have it happening in our community uh richard hodge i'm uh very excited to read about richard hodge who actually is my neighbor and uh and uh hi richard and richard is a retired judge and has provided legal support for the city's work with county of santa cruz water advisory commission on soquel creek water rights adjudication implementation what that means in normal language is that mr hodge is helping us understand how to keep water in the creek for both used by people and by uh by the environment his significant experience with california water law he has experienced significant experience with california water law and has made significant contributions towards advancing a focus on the protection of environmental and human uses of water to the state's residents fisheries and overall environmental quality his intellect experience and willingness to engage in this community effort pro bono has been very helpful in strategizing on this important issue so thank you very much and phoenix reberto and i'll read his is nobody got assigned to that one because i didn't know he was coming so i'm really pleased he's here phoenix was the only volunteer at junior x camp this past year who demonstrated consistent involvement phoenix showed great dedication and a true interest in working with children phoenix is flexible and engaging and always had a great worth work ethic during the 300 hours of volunteer service he gave i know paul did not make it he showed us always here he's parking his bike okay oh there he is there he is so we're back to paul martin paul martin and helpers well we all know paul martin in his passion for keeping santa cruz graffiti free but what you didn't know is how far he's willing to go literally jennifer young the graffiti abatement coordinator reported witnessing paul painting over a retaining wall on highway 17 near los gatos on sunday oh possibly dangerous and not recommended this example of his work shows paul's incredible determination and commitment to keeping the highway clean and welcoming for our visitors and residents paul has donated tens of thousands of work hours over 14 years to this goal thank you paul keep up with the good work please join me in honoring paul martin and his 14 years of extraordinary service yeah you're on you're on tv there you go okay thank you council members for participating in this award this is always such a joy to do and i'm really glad to be able to bring you something fun today so i'm glad you're here for it before we end though i would like to acknowledge the contributions of the following city staff who has served as mentors and guides for these volunteers we really do have a lot of outstanding staff who've given their time and attention to volunteers and we have a really strong volunteer program because of it so um i'd like to say thank jill baits and collin harrick uh mate rotis uh mike godsey steve gomez and myl hicks robert acosta maria campa kelly mercer labo leslie kealy and nola noah dowling john bombachi jay guavara and jennifer young and this year i get to thank new people the santa cruz police chief mills he started this incredible program and joice uh blotchke and beth thurman and officer mc bride chris berry and the santa cruz fire department had a volunteer they recognized this year so uh jason hyduke uh denise finch and tiffany wise west and i really want to give a special thank you to our new parks and rector director tony elliot and superintendent of parks travis beck they are really committed to growing the volunteer program in parks and rec and are getting an adopted park program started and um we're gonna see a lot of exciting things happen in the next year with parks and rec so once again thank you very much i just want to say thank you to all the outstanding volunteers the staff the volunteer center it's really a pleasure to honor all your work and recognize you so thank you for being here have a wonderful day okay we'll go ahead and i'll go ahead and bring us back at this point um we're going to go ahead and return to item number 12 on our agenda which will um involve the um action and deliberation portion of the agenda items so we'll go ahead and return back for a council action and deliberation council member brown thank you so i um i did want to follow up on a i have a couple of questions related to this item and also follow up to the motion that i made at our previous meeting to confirm that we'll be hearing back um on may 14th is that correct that's what we're shooting to our okay um great so um with respect so some of the issues that were raised by members of the audience i'd like to follow up on right now um with respect to uh elimination of the public hearing process i understand that is related to the need to address this shot clock question but i am interested in um consideration of uh a fee waiver for council appeals for for these um uh encroachment permits in the future i am just wondering if staff has anything to say about that i just want to express my interest in and looking at that for our discussion but is there anything that you um it's a cost recovery um the appeal fee is is already low and in terms of cost recovery taking an appeal to the city council is quite a bit of work but it's it's ultimately your choice just given the fact that we're eliminating the potential for the public to weigh in um in other arenas in terms of the public hearing process what what we are thinking is putting the um the public process on the applicant and requiring that they have a community meeting and that they conduct a notification process and they post the site just pretty much the same that we do except that it'll be their responsibility and it'll be one of their application submittal requirements that they've completed that does that include 300 foot radius notification public notification currently it's matching what we uh what we have in the zoning ordinance so it's 300 foot notification of postcards and posting the site the responsibility would be on the applicant to they'd have to conduct that prior to submitting an application to us is there any remedy in the case that the applicant does not comply with those requirements it would be an incomplete application so it would be considered an incomplete application okay with respect to the question around denial of incomplete applications um that was raised by the um member of the public I am just wondering if that is something that we could consider looking at the language for Monterey County um with I don't know if it's Monterey City or County but with the Monterey ordinance in our report back for May 14th on other jurisdictions that are looking at ways to um maintain some some jurisdiction of our um in the way we make decisions around these encroachment permits so can we include refer that to yeah okay if we have do you need a motion should I include that in motion okay um well then I have another question fine I'll just make the motion and we'll carry on from there okay so I would um so I mean I think that we you know at the last uh council meeting I made some statements about having an interest in pursuing legal action with the FCC if there are other jurisdictions doing that um and also looking at other um other measures that local jurisdictions have taken so that report is coming back to us I'm now hearing on May 14th with that in mind um I would move that we introduce for publication in ordinance amending section 24.12.1400 of the Santa Cruz Municipal Code as um recommended by staff with um the uh with one change that um we um we extend the 1500 foot minimum spacing to all zones rather than just residential zones I think that seems to be a reasonable um and allowable um if we did that uh us cells wouldn't be able to locate within the city that's okay with me but I apparently it's not okay with the FCC so okay so it will so we'll leave it with specifically for residential how does Petaluma can I ask a question then as uh now I'm interrupting my own motion how does Petaluma do that does anybody know here how is it that Petaluma has that kind of minimum I have a 300 foot restriction from residential is that the one 1500 foot I'm according to a member of the public 1500 foot minimum spacing in all zones I don't know hold on a second anything about Petaluma maybe if we could we is are you concluding your motion and then we'll have um I was going to make now I've got on it so it's turning into another question I was going to make the motion but it's another question I will second the motion for purpose of discussion then we can modify it yeah with the 1500 spacing in commercial zones which is we have a motion by councilmember brown with a second by councilmember Matthews with further discussion at this time okay please were you going to respond I was just going to say that in quickly huddling I'm not sure that we have a good answer for the Petaluma ordinance at this point but it's certainly something that we can look into and bring back to you at the May 14th meeting okay but we're at the moment just we're so we're including it for residential and commercial because what we heard was uh it would prohibit any further installations and I got stopped in motion by staff saying that we can't do that in commercial zones but we can do it in residential so I just wanted to clarify what is that that was what I heard it's a 1500 foot separation in residential zone districts between towers that's what we're recommending we had originally recommended a 500 foot separation and the planning commission changed that to 1500 between towers I understand that I'm just saying I was trying to include commercial as well I was interrupted mid-motion by staff saying that's not possible so I'm but now we haven't received clarification on whether or not it is possible I can continue with the motion including commercial and then when we hear back we can make amendments as needed so I would like to extend that to all zones pending report okay so we have a withdrawal of the second by councilmember mathews and a councilmember motion councilmember brown's motion um was to adopt the recommendation with the modification to extend the um proximity footage essentially that is currently outlined to apply to residential zones to all zones including commercial is that accurate yes okay and that's a seconded by councilmember Glover do you have a comment as well I have a comment and a motion so if we wanted to finish this motion first and then I can go on to my next one it has to do with some statements that were made during public comment with regards to the notion of quote real science and the next stage of our industrial revolution also looking at some decisions other municipalities have made in the face of the pressure put on by the FCC so if we want to just move forward with councilmember brown brown's motion I'd love to make a statement and a motion after that we could do that or you could potentially have an amendment to the motion uh okay well we can go that way that works um I just don't want to wipe sure we'll see if councilmember brown's into it um so to address the issue of real science uh in an article in news week dated on may 19th 2018 entitled radiation from cell phones wi-fi is herding the birds and the bees 5g may make it worse there was an analysis done by eclipse an EU funded review body dedicated to policy that makes an impact on biodiversity and ecosystems it looked at over 97 studies on how electromagnetic radiation may affect the environment and concluded that this radiation could indeed pose a potential risk to bird and insect orientation and plant health so as a local community that prides ourselves in our pollinator species and monarchs I think it's something that we should be especially concerned about if there is even the slightest hint through research that it does negatively impact birds and pollinators since we are a marine community and we are uh some a place for nesting monarchs also with regards to the uh power or decisions that we can make as an a body the portland city council just voted unanimously to demand the federal communications commission update its research on health and environmental impacts of the 5g radio frequency wireless emissions and it also calls on the FCC to make that research publicly available in addition to that it also focuses on uh 2017 appeal to the european union by 180 scientists and doctors from 36 different countries for the european union to place a moratorium on the 5g rollout across europe until potential hazards for human health and the environment have been fully investigated by scientists independent from industry also in those statements the commissioner likened the telecommunications companies to tobacco and gun industries that obfuscate health issues instead of trying to understand them something that was brought forward to was that this is the next stage of our industrial revolution the last time i checked the last stage of our industrial revolution less that's with climate change and that was uh refuted by industry it was called pseudoscience it was said it wasn't real and now we're facing the very real reality that we are facing climate change due to fossil fuel industries and our irresponsible way of dealing with the environment so there's plenty of president and research to support the potential downfall or downsides of 5g so i appreciate the language that councilmember brown put forward i would make or suggest a friendly amendment to that language that we um pause there for a second i would make an amendment to that motion or an addition that we would withhold our decision on the implementation and installment of the cell tower while demanding of the federal communication commission update its research on the health and environmental impacts of 5g radio frequencies and emissions and for the FCC to make the results of that research publicly available before you make our decision you please give i have a response so i um absolutely in agreement with your the point you're trying to get out here i just want to emphasize that the recommendation here is not about installation of a particular tower this is about our own cell standards and guidelines so it's not specifically responding to 5g and i think that the place to have that conversation and to support your intent is at our may 14th meaning when we have a broader discussion about what local jurisdiction jurisdictions can do both to protect themselves from you know the FCC and also potentially challenge the FCC on the decisions that we're being forced to to make so i think that's where it would be appropriate to to do that if that's okay yeah then i'll just withdraw the amendment and make that as a statement to help uh our colleagues better understand the importance of the separation of these cell towers and as we move forward into May 14th for them to be able to do research on that on their own okay maybe it can bring that back for the conversation on the 14th did you have a comment i'm sorry i just yes i just i mean i understand the motion and i think the council can introduce the ordinance um with that amendment to also include commercial or industrial property as well the concern i have is that i i understood um sir ferry to say that if we did include a prohibition on uh or a 1500 foot limitation on uh commercial property that that would effectively preclude the placement of structures in the city and if that's the case then um i do think we would run afoul of the federal regulations what i would recommend is go ahead and introduce it as you want but i'll ask direct staff to report back on the implications of that and the enforceability of an ordinance if it runs afoul of FCC regulations and if if i may for clarification if it does would that then make the next reading a first reading to make that change or could be yes and is it anticipated that it would is that your i suspect it will you suspect a recommendation to reintroduce without that but i want to research it i also want to have a chance to look into the petaluma issue i mean it it occurs to me that that the ability to impose additional distance requirements could be the result of topography or geo or geography so that needs to be analyzed and so um you know i i'd like to have an opportunity to confer with staff and my office um Stephanie Hall is here she's been doing the lines share the work on this with the planning department and and report back to the council and council member brown i had misunderstood you i thought you were asking for a 15 hood 1500 foot setback from commercial zone districts and that's what i thought um would eliminate the possibility of all sight and if you're just talking about keeping poles in residential and commercial zone districts 1500 feet apart i think i think we could probably work with that that's what i was asking okay i misunderstood matthews that was my reason for withdrawing the second of misunderstanding that was happening there so that's fine and um if that's apparently not an issue my suggestion was sometimes there's a um we introduced two versions so we don't have to go back and have a you know start over with another first reading and given the time constraint i just put that out as a suggestion well we're looking at the design guidelines and that's a policy that's not the ordinance amendment okay so the design guidelines can be modified they don't have to be read a second time okay that's right in ordinance super fine with the one motion okay so we have a motion by council member brown seconded by council member glover further conversation will be forthcoming in may uh council member carm um what what is the appeal fee uh that that that if you appeal this what would to the city council what would that what would the fee be if it was a discretionary permit in the planning department at 600 and some change i'm not sure what the appeal fee is in public works well josh bangerd senior civil engineer public works um so we're still working on our ordinance with city attorney's office uh as far as the appeal is what i understand from and um i leave this part to the attorneys but from why i understand all actions by the council are appealable to the council at some point but i don't not i do not know that so by just by that alone would seem to me that any action that the city takes on behalf of the council can come back to the council now the practical aspect of that with the shot clock i can't comment on that really i mean but it seems like at the very least it could come and make themselves heard if if there were appeals in that way thank you um last other question is if it went to the planning commission mic what would um how would that how would that inhibit the process um members of the public seem to see think that was a good idea for that there'd be a public hearing and that it go to the planning commission from when they submit their application materials to when we get to the p