Welcome back, everyone, to the Capitol City Council meeting. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Thank you so much. We have an announcement from our clerk. Welcome to the Capitol City Council meeting. In accordance with the California Governor's Executive Order N2920, the meeting is not physically open to the public. Council and staff are meeting via Zoom, and there are several ways for the public to watch and participate. Information on how to join the meeting using Zoom or a landline mobile phone, along with how to submit public comment during the meeting tonight, is available on our website, cityofcapitola.org, and on the published meeting agenda. The public can also livestream the meeting on our website. As always, this meeting is also cablecast live on Charter Communications Cable TV Channel 8, and is being recorded to be rebroadcast on the following Wednesday at 8 a.m. and on Saturday following the first rebroadcast at 1 p.m. on Charter Channel 71 and Comcast Channel 25. Our technician tonight is Walter Montaghan III. Thank you, Walter. And I will turn this over to you, Mr. Mayor. Thank you. Thank you, Walter. Okay. Now we're going to move on to item two, presentations. This is a presentation from the Santa Cruz County Sanitation District. Turning this over to you. Is that you, Ms. Bronco? Yes. Let me begin by sharing my screen. Give me a minute. I could give a... Can everyone see that there? Yes, I'm thinking so much. Good evening, Mayor and City Council. My name is Beatrice Bronco. I'm the Sanitation Operations Manager. And Monica Tomlinson will be co-presenting to the Environmental Programs Coordinator with the Santa Cruz County Sanitation District. And I just want to begin by saying Happy Earth Day. We do a lot of work to protect our surface waters here, and it just turned out perfect that we're presenting on Earth Day. So our district provides sewer service to live oak portions of Aptos and Soquel and the City of Capitola. We serve a population of 72,200, and we have 35 sewer pump stations. We maintain 220 miles of gravity sewer lines. And our average daily flows are 3.5 million gallons per day. Our district transports the wastewater to the City of Santa Cruz treatment facility near the Neri Lagoon. The Santa Cruz County operates under our state-issued waste discharge permit. Our goal is the prevention of sanitary sewer overflows from the sanitary sewer system, and we try and maintain all of our surface water free of raw sewage. This district takes a proactive approach to reduce the number and frequency of SSOs. We do this by maintaining our sewer system. We do public education, such as social media, and we participate in events such as Earth Day. And here's an example of a sticker on one of our back trucks that says wipe clogged pipes. Only toilet paper should be put in the toilet. And then the other big component is also our source control measures. We have an industrial pretreatment program that's a federal EPA program that also aims at preventing any toxic discharges into the Monterey Bay. Locally, our board is represented by City Council member John Bertrand, Manu Koenig, and Zach Frantz. And what is the Ingester Wastewater Pretreatment Program? Again, it's a federal program that's designed to prevent toxic pollutants from being discharged to the wastewater treatment plant. The district must implement and approve pretreatment program that includes public outreach and source control measures. And how do we implement this pretreatment program? We implement it through controls on any significant industrial users, light industries, and food service facilities. We work on setting local discharge limits, and this is in collaboration with the City of Santa Cruz, on any pollutants such as heavy metals and toxic organics. And then we also permit SIUs. We do annual inspections of these significant industrial users and light industries. Again, we do public outreach, social media, radio ads, newspaper ads. And a big component of it is also we design these best management practices. And then I'm going to turn it over to Monica, and she can discuss a little bit more on how BMPs are overseeing and education. Thank you. Thank you, B. Good evening, Mayor and City Councilmembers. Happy Earth Day. So mandatory BMP brochures are the best tools the pretreatment program has for implementing the county's codes and reducing pollutants from entering the environment. The two pictures here are from the covers of our BMP brochures for vehicle service facilities and food service facilities. BMPs are excellent guidelines with lists of dos and don'ts, and we require businesses to train our employees annually on them. Next slide, please. So there are approximately 100 food service facilities within the City of Capitola, and we have about 20 vehicle service facilities that are within the City of Capitola, which we inspect annually. This is a picture of my lovely team member inspecting a grease strap. Next slide, please. So fog, fats, oil and grease. Because Santa Cruz County is a tourist destination, we have a lot of restaurants, and collectively they have the potential to discharge a lot of fog. As you can see from the photos, excess fog can result in blockages, SSOs, and potential beach closures. To keep fog out of our collection system, we have a robust fog program, which requires all food service facilities to install grease straps. We determine the size of the grease strap and the cleaning frequency. We also inspect the grease straps annually and require cleaning records. Next slide, please. Another component of the pretreatment program is stormwater protection. We also do stormwater protection. That's part of our mandatory VMPs, and that helps enforce the county's stormwater ordinance. The City of Capitola has its own stormwater program, an NPBS permit. However, we do work collaboratively with the City of Capitola. Next slide, please. And here's an example of a collaborative effort that we recently undertook. The district helped solve a chronic illicit foam discharge in Nobel Gulch, and we worked with the City of Capitola's Environmental Project Manager to solve this problem. This foam was discharged in the storm drain system as well as the sewer system, and the foam actually overflowed from one of our manholes. At that point, it was easy to track this foam. Our staff televised the line, and we positively identified the source. We went to the source. There's a vehicle service facility, and of course, we gave them our VMPs. We worked with them to keep this out of the storm system and the sewer system. I am happy to report that we have not had any further complaints. Next slide, please. Greenville, the City of Capitola, the Green Business Program. This is a popular program that's voluntary, where businesses go above and beyond regulatory standards, resulting in water, energy conservation, solid waste reduction, pollution prevention, and cost savings for the business. And this is a great, this is Earth Day. This would be great if all businesses were green businesses. Anyway, the district has been a key task force member of the program since 2004. Next slide, please. And that wraps it up. If you have any questions, here's the BNI's emails and also our 24-hour dispatch number below. Please call that number if you see any sewer overflows, private or from businesses. Thank you very much. Thank you very much. Thank you. I'm going to turn this over to Council. Any questions or comments from Council? Councilmember Batran? I'd like to make some comments. I'm the one to ask for this to be brought before the City Council, so that you'd be made aware of some of the extensive activities our Sanitation District does, so that we basically don't have to worry about many different things. So the phone was an issue that Monica talked about. It's been plaguing the mobile home park there for many years, and multiple people on B staff went for it. And I think it took about a morning to figure out where that would be. I'm not too sure how long it took, but it took quite a bit of sleuthing around. And so I really appreciate that. And then Monica tied up all the loose ends and worked with the facility, the cleaning. So that's a good one. Another one closer to our village, our pub on Monterey Avenue, they had an issue with some odors and talked to Beatrice and others on the staff. And they came down, and I think Monica, you were part of that, to figure out where the odors came from. And this was plaguing the owner quite seriously. You had to walk into this facility, and it stank. It just wasn't very good. So I'm sure he's very grateful, and we should be grateful for that response to business in our village there. So another example is, I know Monica, if you've worked with the engine cleaning facility on Capitol Avenue, and over the years, you've watched as the law changed and made sure that they complied to all the changing regulations. And you might, of course, talk about that a little bit. But I'd also like to point out that many times Beatrice, she carries a phone that pulls her out of a deep sleep, and she's been out early hours in the morning, as many of the staff in the Sanitation District have, to solve problems so that it isn't an issue for our beaches, for the people that live in this county. So my heart hats off to the crew, and thank you for giving this presentation. Thank you so much. Thank you. Thank you, Council Member Bertrand for the suggestion and bringing them forward this evening. And thank you for your presentation. Okay, we're going to be moving on now to item three, and that's report out on closed sessions. Good evening, Mayor and Council Members. The Council had a closed session on the item on the agenda, and no action was taken. Thank you very much. Now for item four, do we have any additional materials? Additional materials, there was one from staff regarding item 8E, and one public comment regarding tonight's item 9A. And now we're moving on to item five, and this is additions and deletions to the agenda. No changes this evening. Thank you. Now this is for item six, this is public comments, and I'm going to open this up for public comments at this time, so if you'd like to make a comment for items not on the agenda this evening, you can send an email now to public comment at ci.capitola.ca.us, or to speak please raise your hand now by clicking on reaction, then clicking raise hand in your Zoom application, or by dialing stars nine on your landline phone. Our moderator will unmute you, and then you'll have up to three minutes to speak. And as you can see on your screen, if you're watching, we've gotten really fancy, we're getting better and better at this every Zoom meeting, but we do have a timer up on the screen to help you gauge your time. Okay, we'll just wait a second, and Larry, do you want to start maybe with folks in the audience first to see if we have any attendees with their hands raised? Yes, Mayor Brooks, we have a few people with their hands raised. I will start with the first person, and it's 873384. Go ahead and unmute yourself, and that's just pulled off on the timer just to make sure they're they're here. 873384, I see that you're unmuted, but I cannot hear you. Can you hear me? Oh, now I can hear you, perfect. If you'd like to state your name, if you're comfortable with that, please do so. Sure, my name is Mark Kane. Thank you. And Mayor and Council, I wanted to talk about outreach and notification for the Deeple Hill Mural Project. And my wife and I were surprised to hear that this stair mural had been decided. We weren't the only people to be surprised. Upon hearing about and seeing the mural, many residents wrote letters to the Art Commission. Commissioner Cahalan acknowledged the letters and said that she had read them. We don't know if any other members of the Art Commission read the letters, as she has taken ownership of the Deeple Hill Stairs mural. Our letters were not read into the record. On the Deeple Hill Stairs Mural Request for Qualifications, Part 2 reads, Mural Design and Construction. There was no green card notification to people within 300 feet of this project. Commissioner Cahalan stated that she reached out to members of the neighborhood. It is my understanding that three residents were reached. Dory Arthur is one of the three, and it's definitely against this project. It seems to me that maybe you can press the pause button and consider the input of an informed public. The stairs mural is a very important proposition, and thank you very much. Thank you, Mr. Kane, for your comments. Larry, do we have anything else? We have Catherine P. Hi. We have some, um, let's do a sound check. Go ahead and speak again. Hello. Oh, hello. Can you hear me? Oh, perfect. Okay. You have three minutes. Okay, great. Thanks. My name is Catherine Parker, and I live in the residential neighborhood of Deeple Hill. And first, I'd like to say I do appreciate that the Arts and Cultural Commission and the City Council have spent some time on the Deeple Hill Stairs project, and that perhaps we as neighbors, having no idea of the proposal, didn't monitor the commission or the city meeting agendas closely enough. I did notice that the call to the artists came out in August of last year, while public interaction was really limited, and that in Googling the project, I didn't see any other public notice. Um, the commission's call to artists says that the mural needs to reflect the feel of the village and Capitola. But there's no mention or consideration of the residential community at the other end of the stairs, except in name. The second issue I want to bring up is I'm wondering if the city has addressed the safety concerns of drawing an increasing number of people to walk these steps. As you all know, the steps are chipped and they're tilted, and they're relatively unsafe, and you're going to get people stopping on the stairs, posing on the stairs, you know, stopping to look at the at the painting. And I think this is going to be a bringing attention to an unsafe area. And I would figure that the city would probably be live like this. So I I'd appreciate it if we could take some time out. I know it's frustrating, but take some time out to review the project at greater length and maybe use these funds for a project that have a broader base of appreciation. Thank you so much. Thank you, Miss Parker. And Chloe, if we can just make us do a quick check for our timer, it looks like it did pause halfway through. Yes, I'm also running my own timer. Yes, Mayor Brooks, for some reason it's pausing. I'm going to I'm going to actually use a background one on one of these screens to have it. Hopefully that'll work. I don't know. We don't I don't know what's what's happening. It's okay. It was it was a valiant effort. If you don't mind giving Oh, there we go. That's great. I see it. We'll try different ways for sure. So we have the next person Adam Samuels. And just for the public to know who may not be able to see your timer, Larry, I am going to give you every minute. Just I don't want to interrupt you, but just know that I will just give you an idea of time just in case you can't see it. Okay. Adam, you hear me? Yes, I can. Thank you. Council members. Thank you. Thanks everyone who's here. I also just want to remark that I also was surprised by the news about the stairs and the and the lack of notification. In recent weeks, we also had what to me was some late notification with regard to the Coastal Commission hearing that happened last week that forced a lot of us to scramble to respond to issues related to local community plan. So I'm just curious whether we can look to see that are all the mechanisms for notifying us of potential changes in in in effect and active because I've gotten no green card notifications. There was no notification related to any of these hearings and I just feel like we're out of the loop. And in terms of our having an opportunity to participate as citizens, it's really helpful for us to get those notices. And if the green cards are the only way and they're not going out, that doesn't help if there's emails that could be sent. I know in the city newsletter, I didn't see mention of some of these significant events. So I really appreciate our having those be made available to us. Thank you. Thank you, Mr. Samuels for your comment and just know that although we would like to respond or answer your questions at this time, we're unable to. So we'll definitely please email last or contact staff for further information. Just want to let you know. Okay. Yeah, Mayor Brooks, we have Michelle Murphy. So my name is Michelle and I do have a home on Depot Hill. I just learned about this project mural this morning. I just like to share my perspective from a just practicality perspective. I'm going to assume that each one of you have walked up these stairs or even run up these stairs. They're very steep. They're not in great condition. They probably should have been report a long time ago. But they are greatly enjoyed by the residents of Capitola and visitors and vacationers. And they're very busy and they're very crowded with people running up and down trying to be respectful and move to the side for those that are exercising, etc. And it's obviously been fabulous during the pandemic because we can only work outside, right? So from a practical perspective, I have to tell you I want you to try to picture for a moment a very colorful mural of those stairs and think about whether you think you could even find your next step when you're coming down. And I think we're really asking for trouble because I think it'd be incredibly hard. It's already hard to keep your balance on those stairs. I'm 53, not 83. I walk and run up and down them. But if you're not really paying attention, you're going to miss the stuff. So first of all, you would be taking away the functionality of what everybody enjoys. I think it'd be very difficult to run up those stairs with that mural on there. Secondly, you have to consider, as others have mentioned, if people are just going to come to take a photo at the top of those stairs on Depot Hill or at that crowded garage at the bottom of the stairs, you're going to create parking issues for sure. And then lastly, does it really reflect the community? What's even being proposed? Is there perhaps another better spot? I'm 100% all for beautiful art that represents Capitola and the greater Santa Cruz community. But this is just a huge surprise. But quite frankly, I just don't think it's even safe. I think the money should be spent actually repairing the stairs. So that's it. That's my contribution. Thank you for listening. Thank you. So we have John Gleena. Hello. I'm just going to add another comment because people have already talked about notification of safety. Excuse me. Sorry, my voice. Can you come back to me? Yeah, we'll come back to you. Take a minute. We have Lisa Kettenberg. Hello, Mayor Brooks and City Council. This is Lisa Kettenberg, a full-time resident on Central Avenue in Depot Hill, and I appreciate the opportunity to express my opinion regarding the proposed artwork on the Depot Hill staircase. I was also actually surprised what I heard about the project because of the issues that actually had surfaced from the yellow painting of the stairs a year or so ago. My concern is for the safety of the residents of Depot Hill. The staircase, which is semi-camouflaged in its current state, is mainly used by local residents, weekend visitors that are walking to and from Depot Hill to the village and or for the exercise. Painting artwork on this staircase will bring attention to the stairs and result in more foot traffic up to Depot Hill. More foot traffic will also lead to higher chances of strangers casing the neighborhood. There would also be added concern at night when people are getting drunk at the bars and taking their way up the stairs. More foot traffic also brings a greater chance of falls or accidents, as has been mentioned on the staircase, and possibly a liability for the city. I'm a fan of beautiful artwork such as the paintings under the bridge by the jewel box. My feeling is that the public safety is a higher priority in this circumstance due to the physical location of the stairs. The cost of maintaining the art could also be significant due to the wear and tear, and I would prefer the city's money be spent on beautifying roads and maybe other infrastructure projects in Capitola. Thanks for your time. So now we have Barbara Favreau.  We can hear you. Can you hear me? We can. Okay. All right. So, some of what I was going to speak to has already been covered, but I just want to reiterate the general feeling from the larger sampling of residents in Depot Hill as to the aesthetics, maybe not being in harmony with Depot Hill and the concerns about the safety of having a mural in the first place with the amount of people that it would draw and the additional attention that it would draw with crowds gathering for pictures, etc. And the fact that Depot Hill already draws quite a few people that either come to walk the neighborhood or come to try to find parking to go into the village and the number of people that do that already creates a bit of a dangerous element to the neighborhood because people drive through rather quickly and tend to run through stop signs, etc. And I think if we do anything that would create more of that situation that would draw more people into the neighborhood, that that would not be ideal. I know we talked about trying to tone down the colors, but even that I don't think would improve the aesthetic enough to make it something that would satisfy the aesthetic desires of the residents. But I really do think it's the hazardous conditions that are of top of mind of most of the residents in the neighborhood that have people wanting to see some further considerations for the project as it stands now. Thank you. I think we have John Glena. Well, hello. Now I can speak. Sorry about that before. Anyways, that's just a different topic. I was wondering, I really appreciate the committee's efforts to beautify the city with murals and other art projects, but I just kind of wonder how this thing is going to hold up on that stairway. You know, there's a lot of traffic on that, and a lot of surfers go up and down that, dripping, you know, saltwater, seawater on the stairs, and the people working out on the stairs are kicking and scuffing it probably all the time. It's probably going to be beautiful for a very short period of time, and it's going to look worn and not be beautiful and defeat the purpose of beautifying the city. It could look like an eyesore after a while. So just a different item that I think that should be considered, even if they put anything on there. The maintenance to make it stay looking nice should be considered as well as, you know, the cost of that. Thank you. Mayor Brooks, I do not see anyone, any other attendees with their hands raised, and I do not see any emails on the site. I do see a couple more hands raised. I'm sorry, just you're right. Thank you very much. Let me get that timer back on. Yeah, no, it takes folks just a second. It's Ricky, Ryan, and Nikki Legasic. Oh, hi. This is Nikki Legasic. Thank you for listening, City Council and Mayor. I just kind of wanted to echo what pretty much everyone else has said as far as safety. The primary concern for me is I'm frequently walking up and down those stairs with children. I'm a mother, and I'm often walking up and down with kids, ranging from three years old to 11 years old. And they often have surfboards and boogie boards and beach toys in hand. And it's really, I can't even imagine my 11-year-old daughter trying to get down those stairs with a surfboard on her head and a picture on the stairs. I just feel like it would be extremely dizzying for her.  And I just, you know, I'm also concerned about the liability for the city for those safety issues. So anyway, I just wanted to echo that safety concern. Thank you. We've got Susanna. Hi. I am a homeowner and full-time resident of Deepo Hill for the last 23 years, and I'd like the Council to please reconsider reviewing the mural on the Deepo Hill stairs. I've actually addressed a few issues. I believe that a beaning that's 100-foot mural on a stairway will be to a large increase of people on already unsafe stairs. Those stairs are not up to go to this point. And the city has neglected to look at the impact that that increase of tourists to the stairs will have on parking and traffic above and below stairs. I don't believe that any study has been done to kind of show what an interactive mural will mean to this part of the city. The fact is that this type of mural is not a regular mural. I say this as an art conservator. This is an interactive project. A large whale will attract a lot of people, and they will be there for photo ops because you'll be able to, on the back of the whale, on the nose of the whale, you'll be able to see, like, it is actually an interactive mural that you are creating here on really unsafe public property. I believe that, you know, it's been in pursuit and a lot of traffic that, you know, is not necessarily needed above and below those stairs. You know, it's supposed to be permit parking above and below. I believe that people will be parking illegally to be able to access them and take quick photos. And this may sound ridiculous, but I just want to bring up that, you know, Land of Medicine Buddha just recently had a TikTok post. And as of last weekend, it increased, you know, the number of cars going down the street on a Saturday by 200 cars.  So I don't believe that, you know, either the parking or traffic issues were addressed from the ghetto, nor the potential of, you know, having something like this go viral and having a lot more people than anticipated. Consequently, I believe that, you know, it is something that is dangerous and, you know, it's not going to serve our community in the way that we anticipate that it might. As an aside, I'd like to note that, you know, COVID has impacted our community in a lot of different ways in the past year. And we're hoping that the city is sensitive to the fact that life and information nation as well as city participation was impacted adversely, in particular decreased neighborhood interaction, which was a way to discuss and highlight what might be pertinent in city council matters. As such, some important neighborhood issues like the stair murals seem to have, you know, been decided upon without many of us being aware of them. So many, many neighbors feel that they would like to weigh in on the stair mural and are willing to participate in the petition if that is what the council needs in order to reconsider this project. Thanks. Mayor Brooks, I don't see any other hands raised. Do you want to? We'll take a second. So we're going to be coming to the close of public comment. I just want to give everyone an opportunity to chime in if they'd like. And, Mary, do you want to double check your emails to see if anybody? Yes, I do not see any emails on this item. Well, if you want to thank our speakers this evening. And just so all of you know, I did touch on this briefly, but this is not an item on the agenda this evening. And so council cannot discuss it. We most certainly could ask to agendize this item in the future. But just so you know, this is why we're not commenting on any feedback. We're just not allowed to. So please just understand it's just part of the process that we have to follow here. So if we have no other public comment at this time, we'll go ahead and move on to item seven. And this is our city council and staff comment. Larry, I think you're still you're not muted. So this is for staff comments. Do we have any staff comments this evening? Mayor, members of the council, I have one little short update for you about Monterey Bay Community Power. Now, you know it is Central Coast Community Energy. There's a process taking place right now to reevaluate how the credit, the net energy metering for solar panels, the credits that the people who have solar panels are going to get. It's going to be a complicated, difficult conversation for Monterey Bay Community Power. You may end up hearing about it. If anybody has any questions about the sort of how is it wise behind net changes to net metering, I'd be happy to discuss them. If anyone wanted to reach out to me directly. That's all. Thank you. Okay. Council members for trends, you have council comments for items of general nature. Yeah. Mayor, this is the time I could ask for something to be agendized for a future meeting. This is a perfect time to do so. Yeah. I was listening very carefully to the comments from the general public about the proposed mural for the stairway. And I don't know, you know, how notifications was dealt with that clearly a lot of people didn't hear about it. And I think the last comment is particularly true in this COVID times right now. A lot of people have been probably more narrowly focused because of the issues of COVID. And so even though there may have been efforts to reach out to people, I know Ms. Cahaland and she's very active in this community. So I'm sure she did quite a bit to notify people on her own. So I'd like to propose that this be agendized for a future meeting and carefully look over the comments and offer an opportunity for the public to weigh in on this decision. Thank you. Thank you, Council Member. Council Member Peterson. Thank you. I just wanted to make a couple comments in regard to the public comment that we just received. I just wanted to address some of the concerns. So I know that one of the concerns was the safety issue in coming down the stairs. And in our last meeting when we heard from the artist, he made it clear that you will not see this mural when you're coming down the stairs. It's only on the front face of the stairs.  So as coming down the staircase, you're not going to see the mural. You'll only see the yellow stripes. It's on the top for safety as it is right now. Another concern was the money that we spent on this mural should be spent on other things like repairing roads. And my understanding is this came out of our public art fund, which is why it went through the Art and Cultural Commission, and that money cannot be spent on anything else but public art. And so those are two concerns that I specifically wanted to address. In addition, I'm hoping that staff can clear up some misunderstandings perhaps. My understanding is that when things require a public hearing, the council meeting serves it as that public hearing. So if someone could clarify for us, what is the requirement for a green card notification? I think it usually happens for development projects or things of that nature. But if someone on staff could clear up what the requirement is for a green card notification, that would be fantastic. Thank you. I can comment on that if you would like. Before we do, I just want to check in with Samantha and that we can entertain the questions at the time. Thank you, Mayor Borough. So this item is not on the agenda. And so the council has pretty narrow leeway about how much it can respond to public comment. Generally, it's just a correct misstatement by the public. So to that extent, it's generally fine that councils certainly cannot engage with each other on an item that's not on the agenda. But asking questions of staff is somewhat removed. So if it's not on the agenda, perhaps it could wait until a future agenda. Sure. As long as it's being re-agendaed, I suppose we can wait. Thank you. The council member. Vice Mayor Story. Thank you, Mayor Brooks. I thought maybe this was an appropriate time for me to report out to the council on the last art and cultural commission meeting, which took place on April 13th. And I just want to report out and I think I'll stay focused. We discussed many projects throughout the city. I would encourage everyone to go check out the art and cultural commission agenda and see what those are. I wanted to use my limited time at this moment to just report out about actions that took place concerning the stairs mural. The commission heard many of the public comments, some similar to what you heard this evening. The matter was referred to a subcommittee led by Mary Beth Cahalan. And she's going to work with their subgroup, which also included some members of residents of Depot Hill. One, we're going to work with the artist to follow the council direction that the mural project be removed. A lot of the purple coloring and shipped more to the blue and green nautical images. And we also referred to the committee and to work with staff about looking at the liability issues for the city as part of that subcommittee. And we encourage the subcommittee to reach out to all the residents that may have spoke at the art and cultural commission meeting and hopefully the ones that have spoken here tonight and that they can work together. And maybe after the committee has done it's work, then he could come back council for a final action. And so that's my update on the art and cultural commission meeting. Thank you. Okay, any other council comments? Okay. Seeing none, I just have a couple of comments. I first want to acknowledge again that today is Earth Day. Even though we're nearing the end of this evening, this is just a gentle reminder to be thoughtful about our actions on keeping our environment clean and safe and healthy and happy. Also, there's just been some incidences against the AAPI community recently in the county. And recently, just next door to us on 41st Avenue, there was an event that occurred against a community member. And so I just want to remind everyone that we do not condone racism or acts against people of a different race or ethnicity or color or gender. I most certainly do not. And so I just wanted to bring that up and to bring light to the fact that these injustices are still occurring in our community today. So thank you for letting me share that out today. We're next going to move on to item eight. And this is our consent calendar. So we will enact this with one motion unless somebody from our council would like to pull an item form consent to be handled at the end of this evening agenda. Council would like to pull any of the items. Seeing none, can I have a motion, please, for item eight consent calendar? I'll move consent. Also. So we have a first from Vice Mayor Sturley and a second from Council Member Bertrand. May I have a roll call, please? Yes. Council Member Bertrand. I approve. I. So that item passes unanimously. Thank you, Chloe. We're going to now move to item nine. This is general government and public hearings. Item A is to consider extending the temporary COVID-19 outdoor activities and encroachment agreements and receive work done for future consideration of a permanent parklet program in Capital of Village. Mr. Jessberg, is this your item? Yes, it is. Good evening, Mayor and Council. Share my screen really quickly here. Can you see my screen now? Good. So tonight's item before you is, as the title said, a discussion on the outdoor dining program that is currently active throughout the city and the village. It's on city streets and the rest of the city is mainly on private property. I'll give you some background on emergency order 4-2020, which was issued at the beginning of the pandemic last year, allowed local businesses to utilize outdoor space for commercial activities, both on public streets and private parking lots. The original order had an expiration date of September 30th, 2020, but it was automatically extended as long as the state and county mandated social distancing requirements remain in place. So it has been continuing, but in order to give the restaurants and other businesses some assurances, we extended the dates once back in January of this year. We extended the September 30th date to May 31st, 2021, which is coming up rather quickly now. So that's why this item is before you. In addition, in the last meeting in March, the Council directed staff to prepare a report to figure out how best to consider extending both the deadline and developing a long-time strategy for an outdoor parkway program in Capitol Village. So given that the preparation of this report is a long-term project, it's going to take us quite a bit of effort, staff is recommending that we extend the current program to September 7th, 2021. So that'll get everybody through the summer and it coincides with the potential Chamber Art and Wine Festival, which starts the following weekend. So that gets through the Labor Day weekend and potentially through the Art and Wine. Now I have spoken with the Art and Wine Festival, the Chamber of Commerce. They are on hold, not on making a decision on the Art and Wine Festival this year. They're kind of waiting to see what the guidance is and the regulations related to the pandemic are going to be at that point, and also what the City Council's view of that changes. So just looking like sometime in June, we may have new orders regarding the pandemic. We may be able to get before Council and make some recommendations related to the Art and Wine Festival at that time. And so the Chamber at this time is kind of indicating, you know, this isn't going to be a normal Art and Wine Festival because they get to go ahead in June and decide to proceed with it. It's going to be a kind of a one-off. They're not sure what that program is going to look like. So it's potential that they could coexist with a outdoor dining that's existing now. But rather than trying to guess that right now, that's why we're recommending September 7th deadline at this point. So it also provides us time to develop the longer program, which is, like I said, going to take some time. So moving from just the date of the outdoor dining to the work program that's included in your agenda report. So the goal, just so we have a goal statement we can all agree on, is to develop a recommendation of the City Council, whether to continue outdoor dining and propose new guidelines for its continuation. And the stakeholders we anticipate reaching out to, obviously the Capitol Community, City Council, the Village and Warp Business Improvement Association, Coastal Commission staff that are a big part of this, Village Residence Association, and also the event organizers. So we have to remember, besides the Art and Wine Festival, we have the car show, Warp to Warp Road, which closes the village down, and also the Beach Festival. So the work plan is kind of broken into three basic categories versus information gathering. We have a list of the information, what existing, what other agencies are doing, what the Coastal Commission's view on it's going to be as we proceed, what kind of revenues will have revenue effects on us and revenue effects on businesses, what the public input is. So we give ourselves quite a bit of time to get the information together. As far as public input, that's the next section. The BIA has already provided us a survey of their businesses, and they got a pretty good turnout, about 25% of the businesses. We may be reaching out to just the restaurants individually as part of our information gathering to get some more detailed information. We anticipate also doing a public survey to try and get information from residents in the area, not just from the businesses, and then we anticipate holding several hearings, most likely in front of the City Council, non-decision-making, fact-finding, and receive public testimony at that point. Then we have a series of decision points, such as are we going to allow them as they exist today, we're going to limit their areas to different areas, how many can each restaurant have costs associated with renting City Road right away. So those are all decision points we would come back to the Council on. Looking at the time frame, so with approval of the, or you're not approving the work plan, but with direction to proceed, we will be gathering all this information in May. We hope to, in June, you know, complete all the gathering, complete the survey, start putting everything back together. The big part of it is going to be the COVID health orders, and we've all known that Governor said June 15th, everything is going to go away, or he hopes to. So what's it looking like to send? During July, we hold some discussions before the City Council, and then September is our goal to bring a first hearing, first reading on ordinance amendments. We know to have a permanent parklet program, we will need to amend some zoning ordinances, and it's also possible we'll need to amend some policies. So those would be our goals to bring those to you in September within a final adoption of those in October. Now the Postal Commission has already kind of informed us. We had informal discussions with their staff that they consider that the adoption of a formal, a permanent parklet program in Village, which would take parking, public parking off the streets, will require a amendment to our local coastal plan. So once we make our final adoption in October, we will have to submit it to the Postal Commission. Hopefully we'll have worked with them closely as we develop those changes, just be a matter of them getting it before Commission staff, based on our previous experience, that still could take three to six months. So we're looking best at the beginning of 2022 before we feel we can have a permanent program in place and enforceable. What happened there? So that concludes my presentation tonight, our recommendation tonight. The only action we really need from the Council is to agree to expand the outdoor dining and other commercial activities on both public streets and private property to September 7, 2021. With that, I'd be happy to answer any questions. Thank you, Mr. Jesberg. So now it's time for Council questions. Council Member Kaiser. Thank you. Thanks, Steve. I think this is more of just a clarification, just overall, that this year there will be no car show or and work to work is going to be virtual. So if we do extend to September, the parklet program wouldn't be impacting those festivities, right? Yes. Thank you for the question. Yes, that is true. The car show and work to work will not be taking place as usual, as they usually do. Okay, cool. I just want to make sure. Thank you. Nice, Mayor Story. Yeah, thank you. Steve, a couple of questions. And number one, is there any read here of whether this kind of project would be a subject to CEQA and require an environmental analysis? And number two, that time period from when the temporary program in September 7 to when the permanent parklets, if everything works out, starts. Is there a vision of what would happen in the interim between those two dates? I think right now, I'm going to answer the second question first about the gap there. I think our intent right now is as long as we have a plan that everybody is comfortable going forward and everybody, I mean all the stakeholders would probably be to extend that deadline until we have a program if we can. I think that's our first round goal, but we'll have to see if we can get there. Regarding CEQA, I don't know, Katie, any chance you want to help me with that one? So regarding CEQA, typically with these applications that we have had for outdoor dining, there are some exemptions that have been applicable because it's infill development within the center. I would have to analyze this and make sure that an exemption would be relative, but where it is in the heart of our community and the well-developed area, I'd be hopeful that a CEQA exemption would be appropriate. But of course, more study to be done to ensure that we're in compliance. Thank you. Council Member Bertrand. Do you have a question about the Coastal Commission and we need to do that process? So was there a similar requirement at the end of 41st in the Pleasure Point area? They've developed parklets there. They've been there a while, so I don't know what process they went through to get that from the county, I guess. I can't answer for the county, Katie? I think due to the proximity of Pleasure Point, those the ones close to the ocean would have required a CDP, a coastal development permit, but at the county level, the county can approve those. We do many coastal development permits for any development within the village that that subject to that most development in Depot Hill is subject to a CDP. So I do believe that those would require a coastal development permit. The Coastal Commission in Preliminary Discussions has said that they look forward to working through the issues of balancing parking and outdoor dining. So they've been very responsive and I think collaborating with them will come up with a mutually agreeable solution. Okay, a follow-up question, if I may. Do they see parklets as visitors serving, enhancing the experience of visitors to the area? Is that a position they would feel comfortable with? Also in my conversations with the Coastal Commission, I think they're revisiting this because of COVID and how many more outdoor dining experiences have come into being in the past year. So I think they're rethinking. I think prior they were concerned about parking and kind of put that above the outdoor dining and I think we're seeing a shift there from the conversations I've had. Thank you very much. Any other questions from Council? So I just had a couple of questions about the stakeholders. I didn't see the chamber on there. I don't know if that was something you wanted to think about or think about as a possible stakeholder. And then I see the BIA, but I'm not sure that covers all businesses, right? We talked about the possibility of parklets in other areas of Capitola and I don't know if the Economic Recovery Group, if I don't know if that's the right name, would be a great addition or a good addition to including but I just want to make sure that we get a good group of businesses involved in the process. Because as we look at the analysis, right, of cost versus the cost for it, I think that's important to include all business owners, especially those on 41st. I'll just quick response. I think adding the chamber, we would consult the chamber just because of the impacts of the anything on the art wine festival, but I will certainly add them to the stakeholders list. And then regarding other businesses, so the parklet program we're kind of envisioning is most likely limited to the Capitola village and public streets in Capitola village. I know there's already some zoning codes in place that allow it in the rest of the city and perhaps Katie can help us some more time with that. So right now my intention I think in our intention here is to focus on the village more than the rest of the city, although we're happy to bring in any businesses that are interested. Thank you for the clarification. I did see that you did note it in here for Capitola village specifically. And then my other question is that you do mention the BIA survey. And I know that when I asked about it several months ago that I requested two surveys kind of like the now and the later. And I just don't know if it's important and you can tell me if it's that it does say two, you know, to write that in as two surveys or if you intentionally we're just going to do one. I have received one survey. I'm not sure if there was a before. I'd be happy to research that and find out and I'll share what I have with you. Okay. Yeah, I think the one is for now the one you just got and then there would be one a little later. Okay. Okay. Those are all of the questions I have. Thank you. Thank you, Katie. Now we'll go ahead and move to public comments. I am going to read this again just to buy some folks some time if they'd like to as we open public comment for this item. If you'd like to make a comment, send an email now to public comment at ci.capitola.ca.us or just please raise your hand now by clicking on reactions and clicking the raise hand in your zoom application or by dialing star nine on your landline and then our moderator will unmute you and you'll have three minutes. So Larry, I'm turning it over to you. Mayor Brooks, at this time I do not see any attendees asking to speak. I will verify it on the public emails. I do not see any emails on this item either. We'll just give it one more second just in case any come in for this item. Sometimes it takes a while. This is where again I should tell a funny joke or a fun fact about Earth Day but I have nothing for you. I will be prepared next time. Okay, any as you refresh any public comment via email or from the attendees? Mayor Brooks, I do not see any new emails. I do not still do not see anybody with their hands raised on this item. Okay, thank you. So bringing this back to council for further discussion and a vote. Any other comments or would someone like to make a motion? I can make a motion. Okay. So councilmember Kaiser, so if you want to go ahead and say that you'll be making a motion for how it reads or we can have Chloe if you'd like to read the agenda item. Either way. Okay, I just want to clarify. So councilmember Kaiser, what exactly are you moving? The recommended action to maintain the program in the village till September 7th. Vice Mayor Story? Thank you, Mayor Brooks. First I'll start by seconding that motion to extend the temporary program. Also had some comments about the local work proposed and as you noticed, I would also think that the capital of South Carolina should be added as a stakeholder. And also on the scope of work, we should sort out the CEQA requirements and whether this project will be subject to CEQA. I would also like to see as a part of this and maybe it's included in the list, but I have some sort of traffic analysis about having the single lane and if we had parklets permanently there. I think this summer may be the first time we're able to experience that environment after, you know, a post-COVID. So I would like to request that the analysis come back with some sort of, you know, traffic impacts. And also on the revenue side, there is in the scope of work, there's a reference to estimate on additional employment and revenue taxes. And I wanted to ask specifically if the staff could maybe do some projections based upon where that tax revenue may go if we were to do nothing. In other words, just take everything back to the way it was pre-COVID and what the impacts on the tax revenues on the data environment may look like.  So those would just be my request about the additional study items. And I think I'm hoping and I know we will go through a very elaborate, you know, public review process. Yeah, and I'm hoping that we do do that. It's an ambitious project and hopefully we can get through it in time to even start out by January 1st of 2022. So those are my comments. Thank you. Thank you, Vice Mayor's story. So what I'm hearing is that we have a motion for recommended action for the staff, excuse me, the staff recommendation in addition with an amendment from Vice Mayor's story to add a traffic impact report to add the additional stakeholders as noted and to include tax revenue projections. Would that include all of your amendments, Councilmember? Well, just to clarify, I don't know, wasn't really suggesting those as amendments to the motion, which is to continue the temporary parklets program. But those additional items in our work plan that I was asking for I was just making a request separate for the motion. Thank you. Okay. So we have a first and a second. And the item or excuse me, the motion is to receive a report regarding the work plan for the development of a permanent parklet program in Capitola Village and extend the outdoor dining and commercial outdoor activities currently in place to September 7th, 2021. May I have a roll call for you? Member Bertrand. I approve. Councilmember Kaiser. Aye. Councilmember Petersen. Aye. Vice Mayor's story. Aye. Moving on. Thank you, Steve. Thank you. Okay. Moving on to item B. This is the discussion of funding options for community grants and fiscal years 2020-21. Hi, Mayor Brooks. Councilmembers, let me share my screen. Try it one more time. Okay. So I hope everyone can see that. So this is the discussion of fiscal year 2020-21 community grants. During the budget process for this fiscal year 2021, the council did not include funding for the community grant program. During the mid-year budget meeting, the city council directed staff to open the community grant program for applications. The city council also in the same meeting formed a subcommittee consisted of Mayor Brooks and councilmember Petersen to review the applications when they came in. Staff communicated and sent applications to all grantees who had received community grant funding in fiscal year 2019-2020 and also included the application on the city website. The application period was open from March 15th through April 5th. City received applications from 10 separate organizations for 11 programs. We also received one application of part of those 10 from a new organization that had not received funding in the past from the city. The total amount requested for the fiscal year 2020-21 was $79,800. This is just for this fiscal year only. This is not a two-year program. This is for the current fiscal year only. The council subcommittee reviewed all the applications and made the following recommendations. Nine of the 10 previous applicants received an increase of 2.25% over the amount awarded in fiscal year 2019-2020. Just for reference, the 2.25% is the same amount employees received as a cost of living adjustment during that time. The United Way was recommended to receive a full $5,000 it requested because it had not received funding for the 211 system in the previous grant cycle. Where in the past it had, it was an oversight apparently by the United Way so they added that back and it is a previously funded program from the city. The subcommittee did not recommend funding the new applicant for the fiscal year 2021 grant cycle. The total funding that was recommended by the subcommittee was $44,652.56. I hope you can see this. It is hard to fit these charts on here. This is the listing of the request by the organization and the program. The amount that was awarded in 2019-2020 and then the final column is the recommended award amount. In the first, I believe nine groups are funded generally from the general fund and the community bridge's child development division would be funded from the early childhood and youth program. The total amount for the recommended amount was $44,652. I know it is a lot of data in a very small space. At this point, the recommended action is to approve the community grant funding for fiscal year 2020-2021 as recommended by the community grant subcommittee and direct staff to return with a budget amendment for that. At this point, I am here to answer questions. We have any questions from council for this item? We will move this to public comments. Again, this is your opportunity to make a comment. You can send an e-mail now to publiccomments.ci.capitola.ca.us or if you like to speak, you can raise your hand. Then clicking raise hands or by dialing star nine on your landline. Our moderator will unmute you then and you'll have three minutes to speak. I will go ahead and start with the attendees. Mary, do we have any attendees with their hands raised? Mayor Brooks, I do not see any attendees with their how-way. Yes, I do. Layla brought a question that I will be allowing to talk. Good evening. Good evening, the council members. This is Layla Bratich. I am the executive director of the conflict resolution center. Thank you for supporting and bringing back the community grants. They are very important to us as the nonprofit community. There are so many ways that the work of the nonprofits have increased since the start of the pandemic has started. So just what I would like to say here first, giving my thanks, but also taking this opportunity for anybody that's listening, because the cause that we've seen an increase of is people are needing support in terms of how to help resolve their conflict and more so on their own. They're coming in for mediation. So with this grant, we're able to really offer more time to each person and guide them and coach them through the conflict and developing the strategies of how they can better communicate in the situation where they cannot come in for mediation themselves. I'd also like to take this opportunity to mention that we're seeing a lot more cases with the eviction moratoriums coming up and rental assistance programs coming up. But there are programs where landlords and tenants who may be in conflict at this point with each other based on nonpayment of rent, there is definitely help there how we can support. So please just know that there are ways to get past these conflicts and to support and we're here to serve and we're especially able to serve now with your support as well. So thank you once again. Okay, Larry, do we have any further attendees with their hands raised? Okay. Mayor Brooks, I do not see any additional attendees with their hands raised and I do not see any new emails on this item. Okay, great. So we'll bring this back to council for further comment and deliberation. Do we have any council comments at this time? Okay, Vice Mayor Stortz. Thank you. I'll end my comments. I just wanted to one thank Councilwoman Peterson and the Mayor Brooks for working on these applications. I think it's a fair allocation of our community programs budget for the balancer this year and I would like to move the recommended approval of the grant program. Mayor Brooks, I think you're still muted. I was just talking to myself everyone. Go figure. I said we have a first and a second to approve the community grant funding for fiscal year 2020-21 as recommended by the community grant subcommittee and to direct staff to return with a budget amendment. Do we have any other comments? Councilmember Bertrand, do your hands still raise? Yeah, it was raised somehow. It got clicked down. I'd like to thank the subcommittee for putting this together and the hard work that you had in reviewing the grants. I'd also like to comment that I like the general focus of issues that be set members of our community and supporting people who need help. This is a great assortment of agencies that will be very beneficial to the community at large. Thank you for those who sent in their applications and the work to get this on the proposal for us to approve. Thank you. Thank you. I would just like to add that it definitely was a pleasure working with Councilmember Peterson. This was a great opportunity or a great way to wrap up the end of our fiscal year and I'm really looking forward to next year and making our program, our process even better and to really put some procedures in place so that we can fully support our community members and our nonprofits. I'd also like to add if staff can also, we've had some conversations in the past about having all council members participate and in the past, Vice Mayor's story has not been able to participate in some of our votes because they have a complex and I would just like for staff to look at a way to ensure that Vice Mayor's story can continue to vote with us in the future because it's just important that we all have an opportunity here to participate in the conversation. With that, if we can have a roll call, please. I approve. Councilmember Kaiser. Aye. Councilmember Peterson. Aye. Vice Mayor's story. Aye. Mayor Brooks. Okay, that item passes unanimously. We're going to move on to item C. This is the Castle Mobile Home Estates Regulatory Agreement. We're in council. Can you see my screen? Now we can. Yes. Before you tonight, I have a modification to the Castle Mobile Home Estates Regulatory Agreement. It's actually a new agreement. The Castle Mobile Home Estates are located at 1098 38th Avenue. There are 108 spaces in the park on the left hand side of the side. You see an aerial image of the 108 spaces. A little history on the site. Back in 2011, the city worked closely. The city and the redevelopment agency worked closely with millennium housing. At that time, there were some lawsuits that were being threatened over rent control. In working with millennium housing, the city provided a $2 million loan. It allowed millennium housing to the acquisition of the park and rehabilitation projects throughout the park to improve it. And within the agreement, there was a requirement for 86 of the spaces to remain to be affordable. And that's the rental for the mobile home spaces. And then all the space rents were capped. They had a CPI. In 2021, the loan was paid off at our last meeting or it's about to be paid off. At our last meeting, we went through the financial process of releasing that or the loan payoff. And the funding from the payoff will go into our housing successor agency fund. The updated regulatory agreement. It'll simplify the administration and monitoring requirements. It maintains the 86 affordable units. I'll get into the details of that in my next slide. It also extends the affordability restriction. So that 50 years from 2011, they've agreed to do another 50 years with the beginning of this regulatory agreement. So it'll extend to 2076. We got an extra 10 years out of the affordable housing agreement. And millennium will continue to provide the rental assistance to eligible households, as well as the CPI will stay in place for the rent increases. So within the new agreement, we got there's more spaces that will be at more affordable levels. So you can see within the very low income households, it went from 21 to 22. Within the low income, it increased from 11 to 31. And the moderate level, which is the most expensive went down in order to contribute to those other. But 86 overall stays consistent. One item that we are asking to modify this evening, and I think it's on page 60 of the packet in section six C, it states within the rental assistance program that the city and the borrower shall continue the rental assistance program. That's the borrower. We're going to remove the city because in the first 10 years, we utilize the funds for a separate rental assistance agreement. With that, the recommended action tonight is to approve the new Castle Mobile Home Estates Regulatory Agreement. And I'm available for any questions. Thank you so much, Katie. Vice Mayor's story. Thank you, Mayor. Katie, my question is we're going to be receiving a loan payback of 1.8 million. It'll go into the housing of successor agency. And I guess I was going to ask what housing projects would be eligible for that funding. But maybe I'll more specifically request concerning, you know, our last privately owned mobile home park, which is Cabrillo mobile home park. There was an opportunity to assist those residents to buy out the private owner. Could these funds be used for that purpose? I believe we could utilize them for that purpose with an affordability component to it. So I believe that and I could bring more information to you about this fund during the budget update process as well and what that money can be utilized for. Yeah, that would be great. Thank you. You're welcome. Council Member Bertrand. Council Member, you are muted. I thought I just did it. Went back. I don't know. So Katie, I have two questions. So millennia is a nonprofit. Do they have any requirements, state requirements to address low, very low, and moderate income housing requirements in general? Are they required to? Well, within this agreement there, we definitely hold them to requirements for exactly how we do the calculation for each phase. That's true. Very low, low, and moderate. And that's outlined very clearly in the agreement. In terms of their reporting for a nonprofit, I honestly don't have the answer for you on that. I apologize. That's okay. I should have talked to you. It just occurred to me now. So that's why I didn't. Yeah, because, you know, their nonprofit status, I'm wondering, you know, what kind of benefits they have to provide to the public because of that status.  So the shift is taking from, you know, like 21 on the very, very low to 22 and then the low income houses, 11 to 31. So my question is about the people who are in those spaces right now. What happens to someone who's in a space? I mean, how is this being regulated or taken care of so that we know over a reasonable period of time we're actually providing these spaces for low and moderate and very, very low? You can't just kick people out to give housing for someone that fits these requirements. That's all. My understanding is they came up with the number of the new categories based on the residents that are there currently. So they're currently qualified within those different income groups. Okay. Do you know how they did that? Did they do a survey or they just know them inherently? I believe they do a certification, an annual certification at the park. Okay. Great. Okay. Thank you very much. Any other questions? Okay. We're going to move it to public comment. Again, this is your opportunity to email at public comment at ci.capitola.ca.us or if you'd like to speak, please raise your hand now by clicking on reactions and clicking raise hand in your Zoom application. Or by dialing star 9 on your landline phone. The moderator will unmute you. You have three minutes to speak. And Larry, just FYI on our last one, I did not see that timer on your screen. So just a reminder about the timer. Mayor Brooks, I do not see one at this point with their hand raised on this item. And I do not see any emails on this item. Okay. I'll just give it another second. All right. We'll bring it back to council. Katie? I just want to remind you with the motion to add that modification to 6C to remove the city. And thank you. Can you pull that slide up please? I put you on the spot. I appreciate the reminder. I just don't want to blow it here. Okay.  Any further comments or questions? Otherwise, we'll go ahead and entertain a motion. And you'll want to read item 19 and to also include this language up on the screen should you want. You make that motion. It's a bit tricky. I know. We can maybe it's uncomfortable or a bit tricky for this one. Our clerk can read the staff recommendation with that edit. And you can say that you approve that recommendation if you don't want to read the whole thing. Try to make it easy on you. And I will say this is a great opportunity. So thank you so much for putting this together. Okay. Councilmember Peterson. I'll move approval of the language as presented on the screen. And Katie, go ahead and add that in. I would suggest that the motion should be to approve the new capital mobile home estate regulatory agreement as amended. Okay. So we have a motion to approve the Chloe, do you want to repeat that? I believe Katie said to remove. So I believe that's clear. And then I can do a roll call vote. Councilmember Bertrand. I approve. Councilmember Kaiser. And just to point the border, has there been a second? Yes. We had a first from councilmember Peterson and a second from councilmember Bertrand. I'm sorry. I didn't hear it. Okay. From councilmember Bertrand, we have had two votes. Councilmember Peterson. I apologize if someone's voting twice. Hi. Thank you. My story. Hi. Hi. Thank you. All right. You're welcome. We did it. Okay. Item 90 out of school time program update. That's Brian. This is your item. Good evening, mayor councilmembers. I will take just a moment to share my screen with you. Everything looking good from your end. The item before you tonight is the out of school time program transition. So at the beginning of the school year, Toronto Recreation developed the out of school time or OSQ program in response to the distance learning that was brought about by the pandemic and school closures. It was provided to Soquel Union Elementary School District. Originally offered as a city program, but then in October, the city partnered with county parks in order to provide a more reasonable fee for the families. And then that partnership had was extended through the end of the school year. Just recently in March, the district has announced a reopening plan in which students will return to school five days a week for about four hours of instruction per day. The scheduling was phased starting with the younger grades first, and that began in the third week of April and will continue through the rest of this month. In response to this announcement from the school district, staff surveyed our current participants in order to identify if they would be interested in an after school program provided by OSQ and the majority of them reported that they would. Staff also contacted the district in order to discuss the transition of OSQ and what options there might be. Typically, the district would partner with campus kids connection as a provider for after school care. However, they had to close as a result of the onset of the pandemic and do not plan to reestablish their program until possible in the summer or the next school year. Since Capitola Residency is within these school district boundaries as well as city residents attend our school district, it seemed that we would be a reasonable partner in order to provide an after school program and transition the OST program such. So the district identified some available rooms for us at all of the schools within the district, so that Soquel Elementary, Main Street Elementary, Santa Cruz Gardens and New Brighton Middle School that our staff would be able to use in this transition and have a dedicated room for an after school program. So for the remainder of the school year, recreation will transition OST distance learning program to OST after school. The transition will we first transition the currently enrolled participants and established new cohorts that are located at their school and any available spaces once that transition was completed has been provided to the public for registration on April 19th. The program will operate from 12.30 until 5 p.m. Monday through Friday and the city already had established fees for an after school program and those fees are $15 per day for residents and $17 per day for non-residents. There will be one cohort that will remain in operation at J Street Community Center to support individuals that choose to remain with distance learning. This one cohort will continue to be funded by county parks MOUs and a revised budget has been provided to county parks to just reflect the expenses incurred by that one cohort of distance learning. At the moment our partners with county park have indicated that it will not be necessary to amend the current agreement but the recommendation for you is staff being proactive in the event that something changes. So the county parks original agreement would have had the city invoicing for the month of May $40,000. Since there's just one distance learning cohort that revised budget is $9,397 which has been submitted to county parks. The fee revenue for the after school program for current participants as well as new enrollees is $33,000. This item includes a resolution to amend the 2021 OSQ budget which will reduce income from county parks as well as increasing income from fees. And staff anticipate that there will be a decrease in expenses as a result of the OSQ staff going from a full-time position to part-time hours, most of them. So the recommended action is to adopt a resolution related to the out of school time program that authorizes the city manager to sign amendment to the agreement with county parks if necessary and amend the out of school time program budget. And I am available for questions at this time. Thank you, Nikki. Any questions from council on this item? Okay, so none. I'm going to move this to public comment and again this is oh I'm sorry councilmember Bertrand. Do you have a question? You're muted. The rooms that being made available at the various room sites, are these regular classrooms or rooms that aren't normally used for classrooms? It's a little bit of everything actually. One site uses their multi-purpose room. One site uses a classroom, a large classroom. One site uses one of their new buildings that has a beautiful bay door that opens right out. That was built from the bond I believe. So it's it's a little it's a little bit of everything and they have access to the entire campus. So they'll be spending a lot of time out at the picnic tables and out in the fields that they have there. So it's actually a really exciting transition as we move back to school. Thank you. Okay, if there's no other questions we'll move to our public comment for this item. If you'd like to make a comment, send an email now to public comment at ci.capitola.ca.us or to speak. Please raise your hand now by clicking on reactions then clicking raise hand in your zoom application or by dialing star nine on your landline phone.  You have three minutes to speak. Do we have any attendees with their hands raised? Mayor Brooks I do not see any attendees with their hands raised and I'll refresh. I do not see any emails on this item. Okay we'll just give it a minute and this is the appropriate time for me to tell my Earth Day joke. So how can you tell that the ocean is friendly? It weighs okay. Do we have any emails? Mayor Brooks I do not see any new emails on this and there is nobody with their hand raised on this item. All right we'll bring this back for further comment and discussion. Any comments from council after my amazing joke? That was a good one. You know so Niki I just wanted to share this quick story with you. I was out in the public and a woman recognized me and she stopped me and she began to cry and she was crying because she was so grateful for the program that the city is offering that she was logged in early in the morning for the after-school program because she was so worried and she was able to get a spot and it just was so meaningful to her that she was just so overwhelmed with emotion. So I just want to really say thank you and it's such an important program for our families here. So it's you know it's just a big deal and also you received many kudos today. We uh the vice mayor and I met with um with the superintendent of so-called school districts and a board member and they were greatly appreciative as well. So thanks again for all that you're doing and in supporting our families. If there are no other comments we'll go ahead and entertain a motion. Thank you for sharing my screen again so you can see the motion and vice mayor story. Yes thank you. I'll move that we approve the changes to the after-school time after-school program and authorize the city manager to sign any necessary agreements. I'll second that. Okay we have a first and a second to adopt a resolution related to the out-of-school time program that authorizes the city manager to sign amendments to the agreement with county parks if necessary and amend the out-of-school time program budget. May I have a roll call please. Councilmember Bertrand. I agree. Councilmember Kaiser. Aye. Aye. Aye. That item passes unanimously. We're now going to be moving on to item E. This is consider options for implicit bias training. Mayor Brooks council I will share my screen you can see this. So this is to discuss the implicit unconscious bias training. For some reason it's not going forward. City council established a goal earlier in the year to provide implicit or unconscious bias training to all council members and staff. City council then directed staff to solicit for proposals for implicit bias or unconscious bias training a program. City received proposals from six vendors. To option a city can form a council can form a subcommittee to review the proposals or staff can review the proposals that the council does not wish to form a subcommittee. So we are just looking for direction on the one of those two items and we can begin the process of reviewing the proposals and bringing it back to the council. And I'm here to answer any questions. Thank you. If staff were to review proposals and make a recommendation would they still show us all of the applicants? Would we still have an opportunity to see who all applied? I think we would include who applied. I don't know we don't usually include all the proposals at the council to the council. That's why we're considering if the council want to do a subcommittee that would bring it up that allow the council to kind of get more involved in it. Okay and would the recommendation just be for one option or would it be like a top three or a top five? To be honest we haven't reviewed the proposals yet. So I think that would be depending on what we receive and what they look like I think at least from the staff perspective. Clearly if there's you know with larger groups we would if we had a lot more proposals we'd probably bring a multiple but we have to see you know certain ones we believe stand out. But I would imagine we at least bring one or two just depending on what they look like. Okay thank you. Council Member Bertrand. Yeah Larry what do you think of a council staff hybrid which is probably how it's going to work out anyway but well staff would support the council subcommittee on this. It would be but the recommendation if the council formed a subcommittee the recommendation would come from the council subcommittee. Staff again would assist in what the subcommittee needed and with any questions or anything like that. But it wouldn't just be it wouldn't just be two council members sitting in a room we would have staff there. Oh no I presume that but have a voice at the table in terms in terms of you know recommendations that's all. So I would like to serve on such a committee if someone else on City Council would like to serve. Council Member Bertrand any other questions from council? Okay so we'll go ahead and open this up for public comment. So this is your opportunity to send an email now. I won't be telling any jokes I only had one. You can go ahead and email public comment at ci.capitola.ca.us or you can raise your hands if you have anyone in the audience raising their hands. Mayor Brooks I do not see anyone any attendees raising their hands and I do not see any emails on this item. We'll bring this back to council for further deliberation and discussion. Council Member Peterson. Thank you. I would suggest that staff come back to us with their top three recommendations and then a list of all of the applicants and then we can review the top three determine who we think would be the best and move forward from there. Thank you. Council Member Bertrand. Yeah I think I remember the last discussion about this that the proposals are somewhat proprietary and for us to have a complete discussion you know it should be something of either a council committee or you know which I prefer but to us to review some of them and not accept the recommendation you know we wouldn't be able to deep dive unless we were part of that committee. That's my sense of our discussion earlier. I'm not sure if there's any proprietary information that we couldn't disclose but I think that if you do want to do a deep dive as a council it would make sense to probably have a subcommittee. Alternatively we're staff is perfectly fine to window it down to your top three choices and provide that information to council and you can decide an open session. Council Member Peterson. Yeah I just my recollection is that the overall substance of the training is proprietary and so there was some concerns about some of the applicants not wanting to give it their their training in a public setting because they didn't want their overall curriculum to be displayed in a public setting when they otherwise would be able to market it in a in a private setting because if you do it in a public setting then who would pay for it right. So that was the argument but my understanding is that the applications themselves are not proprietary and personally and I'll of course take opinions from all of the council but my thoughts personally are that we've had several other decisions that were made where staff brought back their recommendations such as with our cannabis applications and so in this regard I think this is another possibility where staff can kind of review the applications come back to us say this is where we think the the best opportunities would be and then leave it up to us to just choose those best opportunities moving forward. So so I would stand also again on on my suggestion that we allow staff to to determine the top two or three applicants and then bring us back the the more detailed applications of those two or three applicants along with the entire list of who applied. Thank you. Council member Bertrand. Yeah I um if this is the direction we go the concern I have is I'd like to understand the nuances of the training you know how each individual proposal emphasizes things and you know what kind of techniques they use and so if this is the direction we go I'd like to have a report that brings that out in a way that can be brought out without you know delving into things that are proprietary to the applicants and that's the reason why I wanted to have City Council more involved in reviewing them because I think that is important the content. So all of the material that's been submitted to the City Council member Bertrand is public information so there's no information that that has been submitted to the City that we that we would be reviewing that we couldn't share with the Council. So I think if you were to go with Council member Peterson's suggestion you would see two complete or three complete proposals included in the agenda packet. Alternatively if you formed a subcommittee you could review everything and as a committee make a recommendation. Well I certainly don't want to take a lot of time of City Council members many of them have careers and and you know busy in their life so I could respect that. Okay so public so they're basically not telling us too much in detail except what they advertise on their website as part of their promotional is that what you're saying? Can you give us an overview on what's been submitted so far? Yeah I honestly I haven't looked at each proposal I've just kind of made sure it had the what we asked for. No they I don't think they do not they give more high level of how they go about the training they don't get into the details and the specific content. Most training organizations when we're looking at this will then kind of work with that after after the fact to make sure it covers everything that the Council wants it to cover. It was not I mean we limited the length of the proposals because you know I mean there's only a certain amount but I think the other point was is that there were definitely some folks that did not want to give this in a public meeting which is those applicants those program training programs did not apply for that so but we I'm sorry Larry have the application process closed? Yes it has. Okay and how many applicants do we receive? Six. Okay I guess I would just add that I I actually like the idea that Council member Peterson is proposing just because it allows for all council members to have some input. I think what I would do is ask for to be more specific for staff to bring back three so that pass so you go through the first you know go through the six and then bring back the three and then at least all of us can have some input on the next steps and that'll be really nice to receive everyone's guidance in how we move forward with this process that's so important. I have one more question there if I may. Oh please. Yeah so I certainly want the council to have input I would never suggest otherwise and I just want to get a flavor this is pretty important what we're doing I believe and so you know I've been to scores of seminars some that have gone for a day some that have gone for a week I mean in my course of my career of 30 plus years tons of seminars and how they're done is very important you know how the content is brought forth displayed the interaction with the attendees you know these things are critical to the effectiveness of the seminar or the training so if we go to staff making the recommendation is there going to be some sort of in-depth conversation with the proposal you know the the people who brought these proposals for are you going to be able to not just do the public view of how these are done but get a better idea of how they're done when you actually hire them this is to Jamie or whoever can answer this question if it's Larry I don't know well I mean when we when we go through this we will definitely be talking with their references of who you know and other agencies that have used them to see if you know what they propose is what they end up with because that's always you know I mean it's on a piece of paper that doesn't always mean what what you're going to get at the end of the day so we'll be definitely talking with other other folks that have used them to make sure that what they're giving us is is what they end up with so if we have specific questions of the proposal we will be contacting the the the training training companies okay that should cover it I guess thank you any other comments or feedback of what's being proposed shall we have a motion at this time I'll make a motion okay well done Kristen you brought it up first would you like to make the motion and I'll second you because I think it'll be the same thing sure did we go I apologize did we go to public comment already no we haven't yeah we did oh we did oh sorry I didn't have any more jokes guys I would like to move that the staff review proposals and recommend the top three to the council and then bring it back for a council recommendation of the one that we would choose to provide I'll be glad to second that thank you we have a first and a second Chloe would you like to read the motion back to us before roll call please absolutely so we have a motion from council member Peterson seconded by council member Bertrand to move that staff will review the six applications recommend the top three to council in open session for council to then recommend and select the provider for the training thank you so much and I'll do a roll call vote council member Bertrand I agree council member Kaiser hi council member Peterson hi vice mayor Story hi mayor Brooks hi that item passes unanimously which now brings us to item 10 which is adjournment unless I miss something okay so thank you council staff and all of our participants since for being here tonight please remember to find the good and others and yourself good night