because you offered to bring the other one down I know ready Steph yeah yeah this okay good I saw all right we'll call the meeting to order for Thursday June 14th of the Capitola City Council may have a roll call please councilmember Harlan here councilmember Bertrand here councilmember Peterson here councilmember Bartow here Mayor Termini here please rise and join me in the Pledge of Allegiance Mr. City Attorney may have a report on closed session good evening Mayor Termini members of the City Council there were three items on this evening's closed session first item was a conference with labor negotiation conference with labor negotiator council received a report from and gave directions to its labor negotiator with respect to all bargaining groups and unrepresented employees second item was a matter of pending litigation the case is water rock construction ink versus City of Capitola and related cross-action lastly there was a public employee performance evaluation involving yours truly there was no reportable action thank you are there any additions to the agenda staff has no changes Madam City Clerk we received additional materials for item 9a which is on your desk as well as in the dais that was a late arrival one public comment for 9c we got five public comments and for 9e we had an additional attachment a track change version of the proposed ordinance excellent thank you this is a time for public comments for items that are not on this evening's agenda is there anyone in the audience who would like to address the council on any item that is not on this evening's agenda welcome Dan Finkel how's it going good I was curious that we've had a few races lately and there's been some road closures blue gum in particular yeah when stocked in a blue gum are closed I can't get home so I was curious if that could be worked out somehow Steve maybe you can come up and talk to us because I've noticed as well road closures for things happening that I can't quite tell what's happening good evening I'll have to be honest research what's going on on blue gum yes I'm not aware of what those closures were for I know AT&T has been around town doing a lot of pulling fiber optics around but I'd be happy to do some research and get back to you guys on that yeah maybe that maybe we have is two separate utility contractors not realizing the other ones working we try real hard through our encroachment permits to coordinate that but I'll be happy to look into it thank you try not to let that happen Dan if all else fails you can spend the night at my house welcome my name is Leila Bratovich and I just came up here to introduce myself my I'm a new executive director for the conflict resolution center for Santa Cruz County and I just want to thank you for the city of Capitola's continued engagement and and involvement with CRC and supporting our our efforts to immediate conflicts through dialogue and mediation so I look forward to working with you in the future and thank you very much we've served hundreds of people also in cases in cut for the city of Capitola as well from neighbor disputes to business to restorative justice cases parent team mediation and so forth and we really looking forward to continuing to do so thank you very much thank you anyone else then we'll move on to city council treasurer and staff comments staff do you have any comments tonight our community development director has an announcement haha hey Katie we today we received news from FEMA that we have been granted a grant for the local hazard mitigation plan update so in the amount of forty one thousand four hundred and thirty eight dollars so we look forward to working with Kim Lee Horn on this project and moving forward and updating our LHMP wonderful thank you you're welcome congratulations mr. treasurer most interesting invoice of the month two thousand six hundred forty five dollars and fifty one cents for doggy waste bags biodegradable I'm sure they're worth every penny given the alternative I'm sure they are council no comments we do we cancel next week's meeting we had a car show last weekend kudos to the chief and the capital safety foundation it was great it went off without a hitch everyone was happy the cars were beautiful and the foundation made lots of money to give back to the organizations we had a concert last night well attended it's our second concert of the year and what made it significant for me was the mayor of Santa Cruz attended our counts our concert and he came up to me at the end of it and said why can't Santa Cruz has something this nice and he had a little tear in his eye so mayor terrasis was very pleased with what we did and with the tenor of the crowd and everyone was happy and it was a non political sort of a thing which he seems to have everything to do with that I want to I asked Steve before this meeting regarding quiet signs quiet zone signs for the hill going up Monterey it was one of the solutions that she came up with evidently he has located the signs he has them and they will be going up and we think that they'll make a big difference in the the noise going up that hill because between climbing the hill and the exhaust pipes of various vehicles it can be pretty noisy for residents I want to point out the valor and stamina of two of our council members they were in an RTC meeting today from nine o'clock in the morning till four o'clock this afternoon went home and came here thank you Ed thank you Jacques you're a better man than I okay we will move on to boards commissions and committee appointments we have a recommendation to make an appointment to the historical museum board yes as set out in bylaws first these applicants are interviewed by the museum board and the recommendation comes forward two of the applicants are re-upping so we have David and Pamela Greninger sorry David Peyton and Pamela Greninger who are up for another three-year term and we have a new applicant Rebecca Hobson who is being recommended for an unfinished term that will end next year got it what's the pleasure of the council all in favor I opposed you're back on day Peyton Pam sorry you want to make an announcement now yeah it just reminded me so Linda you may be off the hook yes you know okay so would you announce that the next meeting since before I was chair or I mean chair yeah there you go we have been looking for a long time for a bicycle representative through the RTC to represent us and we have found a suitable candidate who will be brought forth at the next meeting so fantastic this has been more than a year in the work so we're very pleased we'll move on to the consent calendar all of these items are taken with a single motion and vote unless someone in the audience or someone of the council would like to pull an item seeing no one from the audience raising their hand anyone from the council is there a motion move approval of the consent calendar there's a second all in favor I opposed consent calendar passes unanimously move on to general government public hearings receive report on construction bids receive for the capital a library project receive report and provide provide direction to staff Steve an evening mayor and council unfortunately we received bids on the library project we did receive three bids from the seven pre qualified contractors the low bid was from auto construction the amount of 12 million three hundred twenty five thousand dollars this is approximately two point three million dollars over our budgeted amount on this project and twenty three percent over the estimate this is not unique to this project there have been several projects that have been in the last month or so that are coming in staggingly over the estimates we're still trying to figure out how to move forward with this and make a recommendation of the council at this point we don't need any direction from council we are going to be meeting with the group kind of get all all hands on deck and try and do some value engineering at a meeting next week to see what kind of if there's opportunities to stay with the existing project and are the existing design but value engineer some of the cost out bring it down into something we could bring back as a recommendation if we can't do that we'll come back to you with other recommendations rejecting the bid and how we think we should move forward so we hope to have that recommendation for you at the next council meeting to be clear Steve so we're not being asked to award any contracts we're not even asked to commit in any way we're just hearing that you're going to meet with a low bidder and see if they can make value engineering alternates to the construction project to bring it into budget yeah we're meeting with the we're going to talk to the contractor also have other party members in their part of the design team to help us identify the value engineering that we can do questions of Steve on the staff report there was four recommendations so you don't want us to weigh in on those you want to come back with with recommendations after you meet yeah I think we'll keep those four recommendations alive for right now I realize some of them are going to be tougher but at this point we're not asking for any direction okay council that's why any other questions of Steve thank you Steve then we'll open the public comment anyone who would like to comment on this the council is taking no action tonight but you can still certainly give us your views greetings greetings I am Jack TV I just want to say that I think now is the best time to get a contractor there are no contractors available and we have so many people who work so hard to accomplish this public good of a library and sometimes you have to be patient and I think I think that's the comment I like to give let's just be patient on this library and maybe wait for a better day to build a library than right now when you can't get anyone to do anything when you've got Silicon Valley screaming for contractors but it seems like the economy the interest rates are hiking right so how does the 18th month picture look for contractors or 24 month picture look maybe in 24 months contractors won't be so in demand and so maybe we should wait a little bit when the supply and demand comes out so we won't have to ask for a value maybe it'll be like it was five or six years ago when you could get contractors no problem you could get several good bids but right now that's just not the case and so I think if it's possible for us to wait on this project maybe we should look at that thank you tj good evening mayor and council members I appreciate the opportunity to talk it's no surprise that you see me here again because I came and spoke when the architects bid was a couple million over budget but um you know this brings into uh this these these bids are just uh it's it's just astronomical out of the budget context for a library and I'm a big supporter of the new library I paid it through my property tax you had over ten and a half million dollars and and I think you could do a lot with that uh uh the money that was given to the uh city through the property tax yeah but within reason you know um interestingly enough but just to show and tell for you while the audience can't see it this house is a uh it's a beautiful house that my wife and I designed we spent eighty five thousand dollars in design fees uh permit fees from the county actually had it approved to bill the reality was when we got done we said on we're going you know what it's outside of our scope of our budget and uh and what we're going to be so we end up scrapping this and three four years later we built a much smaller house within our budget and you know what we're perfectly content uh we get to meet our budget needs and uh I would hope to set the city would be just as responsible uh you know we were voted the uh number one one the top ten walking cities in in the nation or at least number six thanks council member uh bottle for that um but yet we still have the bluff closed because uh I'm not sure what we're going to do don't want to put money towards it uh we have the Espanol Park closed because of uh unknowns what we're going to do and those areas alone uh would exceed I would think um the amount of visits and tourism that um a library that we're going to uh well basically triple in size so maybe we consider one that's twice as big as today's library and keep it within budget and and help us all out and and so we don't have the expense and we can pay back our per's debt and our unfunded liabilities and that would make at least one member of the public happy so thank you thanks tj welcome gal good evening I want to second your thank you to our two council members who were in the rtc meeting all day today that must have been pretty grueling uh I'm here to talk to talk about the library and I for once I think I agree with tj having to do with our library uh I I really think we can find a way to build this library knowing what we know now that the construction business today is is fraught with problems and so whatever size our library ends up whatever we have to reduce in order to get this library built now I think it's really important to get this library built now because contrary to another speaker I don't think it's ever going to get any cheaper to build uh ever it never does and so there may be more contractors but it's never going to get cheaper because the materials are not going to get cheaper and in addition to that we also need to remember that we have a contract with the county to build this library now and we need to honor that contract so I'm hoping we move forward quickly so that as tariffs and whatever else start you know coming into play we can get this library built as soon as possible thank you great thank you but anyone else like to address the council I'd like to ask David tanza who's our construction manager can you come up because I know we're not taking any action tonight but I think it's good for us to know and I think we all feel the same very much like tj is that we want to take a path that will bring us within budget and my question for you David is um do you see a light at the end of the tunnel that we might be able to do some things that will give us maybe not the library that is on paper right now but a library that is substantial and maybe not have some of the bells and whistles or engineering features that the one does that there's designed a good evening mayor and city council um that's a typical question and only say that because the market is really um not very stable um atherton they just had a library and civic center that came under came 40 percent over budget so it's not just Santa Cruz it's sort of the bay area we're feeling a lot of uh uncertainty with tariffs material costs those things um we do see some opportunities in the capitol library to um I think we can we can bridge some of the gap without too much damage you know uh we definitely don't want to affect the program for the librarians we want to keep the library um some of the city's proud of there's gonna there'll be um some work to do to get sort of the last part of that but um working with the design team and the contractor the little bit contractor to try come with some ideas um we're gonna see if we can get close and I think you have a full day meeting schedule we do we have a full day uh workshop that we're gonna work with uh like so the contractor and the architect and see if we can come up with some ideas to um bring the project closer to our budget then we look forward to you coming back with the great news thank you go wait hold on David yes Ed sorry well it's a question for you or for staff and it's just uh public works said they were gonna have a meeting next week is it your intention Mr. City Manager to bring this back on the 28th that that would be the goal and I don't want to overpromise under underdeliver so that would be the goal to be turning this around as quickly as possible with a coherent recommendation from staff and the project manager about how we best proceed so that's our goal I would agree the other two speakers that I would like to have this back and at least come up with a plan ASAP so I whatever we could do next but I didn't get it back here on the 28th would be great thanks David Jacques yeah it's not for you unfortunately okay thank you David and so we'll go to comments I'm going to take you last so you can no problem figure out anybody to have anything to say so pretty clear we're just receiving a report yeah you're on yeah yeah um tj I'm glad that you brought up the example of what you and your wife went through your home is very beautiful I love it but I think when we do that with the library I think the whole community once it's built we're just going to love it equally as well in the sense that it's our library and once it's there whatever happened before we're going to be just totally happy so I'm I'm I'm fine it's going to turn out as well as it did for you and your wife thank you we'll move on to the next item on the agenda receive report on the status of measure f projects beach jetty flume and wharf construction good evening mayor and council members we're here tonight to approve the next phase of the engineering contract for our moffat and nickel engineering team that's working with us on the jetty flume and wharf project we're under the way with the permitting on the construction and design for those projects and to date we've held two public workshops both April 9th and May 14th that were pretty well attended tonight we have representatives from both the engineering and architectural team here to provide an update on the progress that's been made to date currently what's underway and our next steps and with that I'd like to introduce sam tully who's our project manager from an engineering team thanks kailash good evening city council and mayor i've met most of you but for those of you who don't know me my name is sam tully and i'm a professional engineer with the firm moffat and nickel we are working as you know on the capitol of beach improvements and i'm joined here tonight with dan townsen and dan gomez from fuse architects they were selected with input from the city we had an architect selection process is one of our initial tasks in this undertaking and i'm here tonight to give you an update on the three projects we're working on so as you know we're working on the war flume and jetty to date we have we are underway with conceptual design for all three project elements and tonight we are here to well as you know we've submitted our proposal to continue to serve the city our intent is to take the jetty and the flume projects through final design including permitting so that we can expedite the construction of those in the upcoming construction season and then we are proposing to continue the war through design development so that we can fully evaluate the the opportunities for improvement and weigh the pros and cons to deliver on the promises of measure f so as you know here's the flume the project that's proposed is basically a maintenance project we've evaluated several alternatives and we're still in the process of design development um or of conceptual design the first environmental meeting was today with the army corps and other permitting agencies that have jurisdiction and that meeting went well the regulators are aware of the project and understand why it's important and what the needs and challenges for the capital beach are so as you know the project elements that we're proposing are to repair the deteriorated structural elements the concrete and the timber piles and install a waterproof lining to stop the the sand erosion from underneath the flume the the second project element is the jetty that creates the capital beach the project as proposed is to simply restore it so that it continues to serve its function into the future as you can see on the slot or on the image on the right of the slide some of the rocks have scattered it's a it was it's designed I think in the 50s so it's nearing a pretty significant design life and if you watch the slide you have to kind of squint at it the proposed modification is not a substantial change it's just it's simply to restore it so that it continues to serve its purpose creating the capital beach the third project element is the wharf and in order to add resiliency to the wharf we are proposing to widen a portion of it it's shown there in yellow on the right you can see from the other two anecdotal images that the wharf experience is damaged in large storm events and a an effective way to mitigate that is to increase the foundation elements per bent and so that will be accomplished by widening the most vulnerable portion in addition when we from our work with the city we've identified several other areas of opportunity for improvement on the wharf and those include replacing the buildings and other sort of feature improvements these elements are still being evaluated the pros cons and alternatives of of options that we can take and as kailash mentioned today we've had two public workshops to get public feedback on what the the preferred approaches for addressing the additional wharf improvements so in order to replace the buildings at the wharf head our initial studies have indicated that in order to meet current code the footprint will have to slightly increase and so as proposed right now it's to replace the bay shop building and the restaurant building with contemporary buildings of resilient materials so that they'll have a substantial design life extending into the future oh the other element out at the head of the wharf is to replace the public restroom to make it more accessible in addition at the foot of the wharf we're proposing to provide new public restrooms to help yeah to provide those facilities to beach goers and other people other members of the community this is an elevation view prepared by fused architects kind of showing the the schematic proposed improvements this is a seating element it is it's it's an opportunity that's been identified for improvement that in the event that we're working on the wharf deck there are some possible elements we can include and one of those is the is these additional seating elements this was well received at the public outreach meeting and then finally there's been no no design development on any specific alternative for the buildings rather we've just evaluated sort of the look and feel and the preferred visual vocabulary that will deploy on the proposed buildings and so there are a couple kind of thematic images here that show the proposed the proposed visual vocabulary that fused architects has prepared for us and with that i'd welcome any of your questions or any other info i can i'm not certain if this is a question for you or for staff but the contract amendment we're approving tonight is for only moffitt nickels to proceed on the next phase of design yeah that's the that's correct but fuse and then the permitting team are are subs to moffitt and nickels so it's the whole team together does is is our only option to approve the entire amendment because i'm feeling nervous about the building portion of this the two buildings and when i look at three and a half million dollars and i'm trying to justify the fact that we almost we're ready to spend almost seven million to make the wharf better it seems like i'm trying to weigh the wharf with the buildings i don't know the rest of the council can chime in later on but do we is this an all or nothing affair or can we slice and dice with you we can definitely make modifications to to the scope that we're approving if that's if that's you know if that's the direction that we're given all right good thank you very much any other questions council i'm going to open it up to the public anyone who would like to address us in the subject please come forward seeing none i'll bring it back and mr city manager i think one point of clarification i'll look at keloch and steve to just confirm this is i believe that this contract modification as proposed in front of you includes seventy thousand dollars for design development on the buildings at the end of the wharf for the architects that's the portion of this amendment that would be towards the buildings yes that's correct then i guess i have one further question it could be for the dance of views could be for you and that is what is the downside if we were to go forward with your contract less design development on the buildings would we lose anything or could we come in later and say oh you know that wharf design you did a great job and it's not going to cost as much as we thought let's move back into the building business absolutely um i would say the most important part of this phase um obviously cost of the proposed improvements is of premiere importance to the city um and one one element that i think is important is in order to clearly um estimate the proposed costs you sort of have to know what you're working with and so at this point the the order of magnitude cost estimates we've provided are just that they're an order of magnitude cost estimate so we we think that the the order of magnitude of the building improvements is the is in the hundreds of thousands to low millions of dollars um design development would help us hone in on what a more of what a realistic cost would be and it would also let us sort of steer the ship so we don't necessarily need to build the most premier building if a more functional alternative would be better suited um and the design development phase is what's going to help us evaluate those options and prepare information to make those decisions you can tell from the previous item on our agenda how comfortable you are with estimates so thank you very much ed you want to start off sure oh steve it certainly is possible um unlike the library for we could do this in phases okay we could do the war for improvements um kind of end at the buildings see where those costs finalize at and then decide to redo the buildings as a phase two at a later date if you want good to know but when we did rebuild the wharf and waited for phase two of the buildings we would certainly carry the utilities to the point where the buildings would need right we would do everything up to the buildings as we're planning on doing we don't want to paint ourselves in the corner right okay thank you very much ed start us off sure um first of all i have absolutely no problem with the flume and the jetty portion and whatever it takes for us to make some kind of agreement to proceed with those i have no problem uh i think i've expressed some concerns to our staff and the engineers about um what i envisioned uh was going to happen with the wharf and actually what we can afford to do with the wharf and i still have reservations uh i attended one of the meetings on the architectural design and i was thrilled that uh most of the people loved the buildings that were proposed um i do have concerns about i have concerns about putting a beautiful building on an unstable foundation and so because of that i i made some recommendations or suggestions and this is going to open up a big can of worms so might as well be prepared for it um you know we we were shown drawings of different wharfs up and down the the coast and um what i'm afraid of is that maybe we didn't budget enough money for the wharf to do what i would like to do to provide a substantial safe wharf um i have no problem with building a nice building out there but what what a couple engineers explained to me is is that what i want is going to exceed maybe what we have available and what i'm alluding to is is that you know there's there's discussion about sea level rise the picture go back to that one picture with the wave where's the one where's my where's my talking point picture there it is yeah so at this point here water's either at the pure level or above it and you know i stood out there one day of the city manager when that storm was happening and we both said it was getting dark and he said i wonder if it's going to be here when we come back in the morning okay referring to the wharf and so uh and that's a great picture there because i can build off of that so what what i'm proposing is is is i thought when we were going to in my mind this is what i thought this maybe wasn't what we have voted on or what measure f was but um thought it would be nice if we could raise the level of the wharf and by doing that what we're doing is reinforcing every pier in pylon that's there and building what was what the engineers referred to as a semi-bullet proof Santa Barbara pier for lack of a better term because it was they said that that was probably the best one that had been designed problem is the cost of that you know they told me was approximately 18 million dollars and i said i need another tax measure okay which is it was was a joke but i mean maybe yes maybe no so when i look at this drawing i asked myself and this is what what i'm with i'm going to postpone is i just would like to have some further discussion with the engineers and maybe at least let the council know what i'm thinking is i look at all the yellow portion on that drawing and i call that phase two and uh i know what our intent was is the engineers recommended to us that we stabilized the wharf three times by building it twice as wide which was a great concept i've never really cared about what we put on top of the wharf my main concern was is that we make the structure sound so that it lasts for a period of time and when we talk about this wharf they tell me that well this is going to make the work wharf last for 20 years and i'm thinking that's not what i had in mind or i don't think that's a long enough guarantee and i think and it's is this wisely investing our money so if we were to take about the next uh sam we go to the picture of the two restaurants and the what the head of the wharf there we go perfect so i'm thinking if we just take this because what my goal is is i'm thinking if we take the section underneath the buildings and we redo all of that and raise it up then i feel good about building the buildings and that may be you know whatever version we're talking about or maybe a lesser version um whatever but at least the portion underneath there is completely redone it's stable and then at some point probably where those boats are all stored um it tapers back down to the existing wharf some kind of a ramp that uh some ADA compliant or wherever that would be but then and then you know i would i i hate to admit it but i'd probably suggest that we do uh we did a 10 year tax measure we might have to extend it for another 10 years to finish the rest of the wharf but at least at the end of the day the money that we've spent is reasonably sound and secure rather than to do this project and have something that we all say at the end of the day which is what we don't want to say with this library is something that doesn't deliver what we what our what our intent was so i guess what i'd like to go back is when if we're doing design and drawing maybe just come back with an estimate of just rebuilding the portion from where it says parking towards the end raising it up three feet or four feet or whatever the you know whatever reasonable number is and uh and proceed from there and i'm gonna i'm gonna bring the engineer up but before you speak i'm gonna propose something to you because you did open up a big can of worms and now i have to open up a can next to yours because that's the way we are and and also ask at the same time with regard to this plan if phase one were the first widening and raising of the wharf and phase two were the head taking it backwards what i'm trying to get to is the part of the wharf i'm really worried about is the skinny portion so if we take phase one as the skinny portion being widened by a third and elevated as phase one and then worry about the head of the wharf can you address both of those harebrain ideas i would be happy to but both are certainly options um and there's pros and cons to both of them um i'll start with speak freely i i i am um the obvious benefit with replacing the wharf head and replacing the buildings is that the city of capitol will get new buildings because we know that these are nearing the the end of their useful life um but in addition um mayor termini your your point is well taken that the wharf is only as resilient as the weakest link and so in the event that you had a beautiful wharf head with new buildings that you couldn't get to because of a storm you you wouldn't be in a great position either um that uh that being said there there's a difference between safety and resiliency the wharf has a good track record of safety it it meets the design loads even in extreme events um the proposed addition would be to add resiliency so you would widen it so that in the event of a major event you don't you don't necessarily lose access so those are definitely possibilities that could be evaluated um it would probably need to be studied in more depth than the commentary i can give tonight to evaluate um the the true value of each of them can you speak to um the difficulty and expense in elevating the wharf it it would be a significant undertaking elevating the wharf would be quite complicated um basically because you would need to create a structure that that would be joined to the top of an a existing and potentially deteriorated structure but b you're adding a point of weakness in the middle of the piles so you there's some there are some extra things to consider but it's certainly um a viable alternative it's been done on several wharves and of course the premier option is to replace it with a wharf that's made of contemporary materials at a higher elevation at a much greater expense at a much greater expense yes because okay good i think what i'm asking for here is since we're doing design dollars here and you'd say i need to go back and make a presentation and i and i think that that i need you know to be satisfied with whatever we do i need that presentation and and just would like the councils uh how would the addition of these two other options both of them talking about raising it one from the head one from the tail um how does that affect the next phase of your contract and any extra work that we've just piled on to you um the next phase of our contract is for design development so it's taken to 30 design for for an alternative um we would be happy to to you know divvy up effort so that we'd study different different alternatives into into enough uh detail that we'd be able to provide that to you okay i'm going to let the rest of the council weigh in then i'm going to ask steve to come up and weigh in as well after the council member speak christin anything to say wow you really did open a counter where is there i don't even know how to i i'm interested in seeing what it would look like to to raise either part or all of it um if that's something that's already included in our design contract and as i'm understanding it is that you would be able to show us those options and it's already in what we have here so we have a certain amount of budget allocated for for furthering the design um we can allocate that budget however would best serve the city so we could do many options to a to a lower degree of detail um or this option is to as we proposed it it's to study the the widening option to a 30 design level okay yeah i guess all i have to say is i'm i'm not uh opposed to seeing the options uh i'm i'm a little i'm a little shocked that that's an option at all to raise the wharf um and that's new information to me i'm gonna have to think on that but i'm i'm interested and curious to hear more about it so um if the wharf is raised as opposed to at the same height what are we buying in terms of years do you have a sense i mean you can't predict what storms are going to be like there's sea level rise and all that but do you have a sense of what it's buying us actually so there are widely varying sea level rise estimates as as you may know the science is um highly speculative at this point um that being said there is it's a very robust but on um unprecise science at this point so the way we would evaluate it is in terms of risk like the the likelihood that the sea level will rise x over this number of years is say 50 percent therefore your risk of inundation of the waves reaching the height they are today would is similar to that and so you can look at it over a over a span of years with varying alternatives and you can find an optimal solution where it makes sense to invest your dollars and and decrease the risk a measurable amount it would be a coastal engineering study as well as a degree area well you did in a way so you're trying to define risk and it is perhaps hard to do but um if we're going to spend x amount of dollars and let's say you know 1.5 x to raise it i want to know what we're going to get out of it in terms of you know the life of the wharf and the wharf lasted a pretty long time we replaced pylings and stuff like that so you know it's our dollars and what are we going to get out of the two different scenarios that's that's really where i'm going here certainly and that that's something we could provide you okay mr city manager you had a question in your eyes the one point i want to make is that as we look ahead in the future years our revenues look quite constrained yeah with multi-year budget projections and my recommendation at this point is is that we've we've done a fair amount of work on the wharf and brad and and his team have made a recommendation about the best way to spend dollars to increase the wharf's resiliency and we you know we have to keep in mind that nothing is forever out there in the pacific ocean you know it's i i don't think we're going to be in a position where we can design a 50-year project out there so i would caution the council about going too far down a option that's more expensive or contingent upon another tax at this stage in the game i think we need to focus on project delivery and probably thinking about you know what sort of scope we can actually afford at this stage given what we just saw with the library i think what councillor botthorff was putting forward was not necessarily spending twice as much but taking it in two phases and spending what we can afford now but in a wise way does that typify it pretty much yeah i mean obviously we've learned a lesson in the library and i realistically you know even the best estimates by the engineer may not come close to there but they're going to give us at least a keyhole idea as to what this could cost and that's what i'm asking for at this point is like can we afford to do what i just suggested and and and i realize right now is you know when i originally brought up the idea at the last meeting it was an 18 million dollar cost to raise the entire wharf which we don't have but you know i started looking at that at that widening progress and it's a lot it's a lot of square footage on the wharf so maybe it's possible i don't even know i mean i'm just asking for a number to say if we're going to put the money into the buildings which we haven't even come close to deciding that but there's estimates on here for a million and a half for a boat house and a million and a half for a restaurant that's three million dollars on something that is you know on a foundation that that nobody's going to say it's going to last 20 years okay the plan calls for not a lot of pilings to be replaced underneath the restaurants as as you're looking at it now i the only there are a few things that i would change in that characterization please do the first is the design life of 20 years obviously the wharf has lasted a much longer time frame than 20 years what the engineers mean by by that is 20 years before your first routine maintenance so we know currently that the wharf needs a a pretty significant amount of maintenance effort every x number of years and the the additional resiliency would decrease that investment so it increased the number of years between required maintenance so by 20 years it's 20 years before you would likely have to go in and replace piles to to have full access of the wharf but it's not it's not to say that the wharf ends its useful life 20 years from now it's it would just require further maintenance thank you stefanie i'd be interested in looking at the cost too of raising it it may it may not be affordable but we we can certainly look at it i'm i'm interested in that as well and especially i'm interested in your proposal to do it in phases because that makes good sense and that every dollar we spend has a purpose and a benefit um are you saying ed that you're interested in going forward and hearing these proposals with the addition of the raising and the phasing well how do you feel about building design development should that be a belated this point well i i think what we need to do on the building design i mean at this point it's hard for me to to discuss what kind of building i'm putting on it because i think if it comes back with the estimates that um that we find that it may be affordable just to raise the section at the end uh that we have the money in the budget to do that then we could go to the buildings and i would be more generous on the kind of building i'm putting out there but if it comes back that we decide you know this is really unreasonable unrealistic and it's more important to widen the work because i'm i'm under a philosophy that i'm thinking the waves are bigger the farther they're out and it's not as dramatic the wharf doesn't take as much of a beating closer in you may tell me different okay i'm not the engineer it's surprising not the engineer you want to come up with surprises well you brought the reverse plan up so he and he said there's merits to both but he didn't elaborate the only thing i would say is we've we've experienced piled deterioration along the whole wharf um in large wave events and the the photo we've we've used to represent the the most extreme damage case was in the narrow portion uh at the landside so it's it's a highly vulnerable part of the structure i'm for doing the whole thing i just don't have the money okay so that is it is it would it be your motion should you choose to make it to give them the um give them the amendment to their contract but not include building design development at this time i'd like to make a motion that you explored the options we discussed and to put a hold on the further evaluation of what kind of buildings are going to go on top until we can agree on what the foundation is going to actually be is there a second on that motion josh seconded it can we mr treasurer can we uh i didn't get a feeling as to the delta cost of going back and studying some more no well it's the amendment is in the report and of that amount to this firm 70 000 of it was building development design so that's the portion that has not been motioned just the design development and they said they can they can uh segregate their design development to give us the options when they come back so ed has motioned the amendment less the 70 000 for building development but but if they if this if you didn't make that motion he'd still spend the 70 000 only they would get further down the line no sure the building the 70 000 was as i understand it just for the building development and the only thing councilmember botarff is asking for is the war development design in the phasing and the elevation is that correct esteem you can clarify would there be any additional costs to to to give us the estimates that we just asked for there there is sufficient funding in the contract um for moffett nickles portion of it to do that there's some um contingencies we built into that because we're still kind of unknown and then we so i think they can do that analysis that you're looking for um within their moffett nickle portion of the contract the part as a sub-consult fuse is the 70 000 that i think we are looking at deferring at this point per that defer that's the word that i would like to do at this point that was the motion in the second that's the motion is to defer that until we get something back using the residual or funds that we have and then i'll feel confident about moving forward because you know our direction may be determined just by our ability to pay for it jock you have a question sorry question you know since we have this lucky organization in california called the coastal commission um raising the level of the war would that be an issue do you anticipate that being a significant thing to worry about does that adds cost to some approval and i have no idea if it's even feasible from their perspective this is off the top of my head you know the coastal i the coastal act certainly talks about you know views of the water of the ocean being important components whether or not their view would be that if the wharf was a few feet higher um would that increase their level of scrutiny it's hard for me to speculate um i think as a general rule of thumb making changes like that does tend to increase regulatory complexity how much so is difficult for me to predict okay just curious okay if there are no other comments uh oh steve comment quickly please thank you so um just to reiterate what sam said in response when we started this project and and came up with the measure f concept it was to make it so we don't have as many closures of the wharf and storms and and i think that gets to the trestle widening more than it does the head the head i absolutely understand where councilman bautorf is coming with you know are we going to put three million dollar buildings out at the end of this wharf i i get that but our focus was trying to keep the wharf open and not have these two-month closures because we lost two pilings in the middle of the wharf and we can't drive out there anymore so i think um you know i think that needs to remain our focus and we can certainly look at at raising it the other way and then regarding raising you know when we talked with um sam's boss brad about raising it um he said the probably the only practical way to do it is to completely rebuild it so you would you know pull or cut off the pilings that are there and put in new pilings um and at that point you put in you know the the Santa Monica version where you have cement pilings and a cement deck with a wood top to remain the look and and certainly that's i think a good target i think that gets that 18 million dollar price tag so we we need to look at what we're going to do at the work because we're going to pull out all the pilings and put in new pilings you know there's options there too but that could get really expensive so i just wanted to remind everybody where we started from was trying to just not have these closures for two months because we lose two pilings what are your feelings about um the phasing as opposed to trying to take on an 18 million dollar project all at once absolutely um it says which phases are the more critical and and if raising it is really going to be i don't know how affordable that is to be honest with you um so that worries me at the end i think it's right that we we do that analysis now before we spend much more time um designing nice looking buildings out there i mean we know we need them but let's make sure that they'll be there the whole 20 years that we want to move forward joc give a question to steve yeah microphone please sorry so um the time element has to be concerned because there's two businesses out there so be that in the analysis also because during this they're going to be out of business right obviously so you know depending on how the phasing goes yeah i mean i would think if we did my initial phase where we widen the wharf and do all the wharf improvements they could stay open for portions of that obviously once we're talking tearing down the buildings they're going to be closed for for quite a while probably upwards of a year that we wouldn't have any buildings at least but raising the wharf that might add significant time that's sort of what prompted this if you're demoing it and starting over i you know i don't know how much different that's going to be from just tearing down the buildings and redecking and rebuilding okay certainly that's something but i don't think it's not significant okay great roll call vote please councilmember harlan aye councilmember betrand aye councilmember peterson aye councilmember botorf aye mayor termini aye pass unanimously thank you very much folks move on to the next general government hearing that is the capitol beach festival special event permit and for this i think we're bringing the chief up good evening mayor termini council members uh before you tonight to um present and discuss the introduce a new special event permit request for the capitol beach festival that's planned for september 29th and 30th of this year 2018 so i'm going to give you an overview i have the staff report in front of you i'm going to give you an overview of the new event request as it's been presented to staff in the police department the organizers of the event of the beach festival committee are a joint group that includes many former begonia festival committee members as well as wharf to wharf committee members as a point of reference for this evening for council you'll remember that on march 8th staff was before you presenting a conceptual review of the what was then referred to as the water festival and that's a point of clarification i want to emphasize that the actual name of the proposed event is the capitol beach festival not the water festival in your staff report there's an air on paragraph two the date should be march 8th not not may i think it was listed as may 24th i'll touch on in a moment some of the discussion some of the pros and some of the concerns that were presented during that march 8th conceptual review of this new special event permit it's worth mentioning some of the events that would take place um as proposed on the 29th and 30th of september on saturday there's three events from seven till about 11 in the morning is the little wharf to wharf it's a three mile run from 10 to 4 p.m is a horseshoe competition from as proposed sunset or 7 p.m until 8 30 in the evening a nautical parade and then on sunday there are four other events 6 30 to noon a fishing derby on the wharf 8 30 to noon sand castle contest from nine o'clock to noon chalk art and from one o'clock to four o'clock a rowboat race and certainly you'll recognize that many of those events are events that were associated with the begonia festival for many years and events that the community here in capitol is very supportive of supportive of and is greatly interested in for this evening i want to talk about two events for this weekend specifically the little wharf to wharf and the nautical parade those are the two events that would require the larger amount of staff time and police resources as proposed and i'm going to start with a little wharf to wharf as documented in the staff report it's a it's a 7 a.m start the race will start at 7 a.m at about 17th and portola and as projected the last runner may arrive at the finish line at about 9 15 in the morning it's a three mile run with potentially up to 5 000 competitors or runners very much a local race as compared to the wharf to wharf about half the distance and really as introduced more of a local and family oriented race three mile race there will be road closures the typical road closures along that route from 17 to portola down here into the village with traffic control points staffed by the organizers the organizing committee and specifically the wharf to wharf race committee there will be a village closure as is always the case with races that come into capitol and end in the village that closure would be from about 6 30 in the morning until 10 30 in the morning if things go well which includes an ability to escort the runners the participants by shuttle back to where they parked their cars at the capitol and i'll talk about that more in a minute from staff staff's perspective and from a public safety perspective the largest concern for this race is that shuttle plan during the conceptual review we didn't discuss that much i will compliment the organizers that many things have been discussed post-conceptual review that are in place now that make the management of both of these events a little bit more we anticipate will be more effective as a staff to manage the events the next event is a lighted nautical parade on on soquel creek on the same day on saturday from about sunset 7 p.m. until 8 30 i want to specifically mention and remind council of some of the concerns that were discussed during that march 8 presentation here at council and i just and i made a list so i'll talk about each of them a nighttime event on the water generated some concern well for staff for police department from public safety perspective and from council and some of the community water congestion was a concern um what's the process for managing the water congestion the impact potential impact on riverview residents or those who live in the homes along along the river uh concern about coordinating as a police department with the fire department and more specifically and i'll get to that in a minute more specifically with santa cruz fire department who is going to provide lifeguard services for this event as it is proposed now and then lastly simply stated public safety concern in the draw on police resources so as a reminder those are some of the some of the items that were brought to our attention during the march 8 conceptual presentation here's a list of the conditions that we have in staff in meeting with the event organizers have discussed and have been agreed upon it was real important for staff and more specifically for the police department to recommend that there's an actual start time and a finish time for a nautical parade and in fact that that has been agreed upon that's different than the conceptual presentation on march 8 the start time will be sunset on record right now that's 7 p.m and the end time will be 8 30 p.m when the nautical the lighted nautical parade concludes 12 barges only up to 12 barges only for the decorated or lighted portion of this event much different than a presentation that would suggest that everybody could be on the right the creek with a lighted device really important for water marshals on the water that are going to coordinate the path of the nautical parade and assist with the floats barges at the conclusion at 8 30 to remove themselves from the water as i mentioned the city of santa cruz is going to provide lifeguard services along the creek path as well as along the creek itself portable beach sliding has been agreed to at two points at the end of the lagoon and potentially on one of the near the Stockton bridge at the kind of the beach entrance to the creek we did have a lot of discussion about this no lights of the the lighted floats no lights will be turned on until after those floats have passed under the trestle that will be at seven o'clock so in essence that's the start of the lighted parade they'll travel under the bridge into the lagoon and then the lights will go off at 8 30 indicating the end of the parade and then the event organizers have to agree to contract first alarms first alarm security so that we can they can properly advise and post security officers at the trestle entry points elevated points so that we don't have viewer spectators above the trestle while there's a parade going on on the creek below that addresses many of the concerns i believe many of the concerns that were presented early on as i mentioned we've had some discussion with staff in the police department with the event organizers and these conditions that will be in place if this permit is approved are the necessary conditions in my opinion so that i can feel comfortable maintaining public safety with a nighttime lighted event on sokel creek i might mention as a reminder and i'll ask the city manager to help me out here if the permit is approved there may be a requirement for the coastal commission to weigh in on this type of event i believe we don't we don't know for sure yet but i'll ask you to comment mr. city manager yes so it's clarification we have done some preliminary outreach with our biologists to see whether or not a lighted parade would have different types of impacts in the lagoon than the traditional parade preliminary indications are that their biologists seem to be okay with it but um just to be clear that if the council's direction this evening was to proceed with the issuance of the scp we would uh our staff would have to interface with the various regulatory agencies and make sure that there wasn't an issue with the the night parade as proposed with the limitations the chief has described thank you chief anything further that can completes or concludes my overview and i'm more than happy to answer questions that you might have questions of the chief ed how many lifeguards is anacruz going to be providing four okay and um when we closed the top of the trestle last year was that done by security guards or by pd that was done by the police department and are you comfortable with substituting higher security rather than police and having the same effectiveness i am because we'll we will in conjunction with the event organizers be able to provide some level of uh a patrol or oversight at what would be what would be the entry points to the trestle but i think it's important that they have posted security officers in uniform on the trestle itself supported by the proper signage that keep the pedestrian zone and on the you said there's going to be some kind of path lighting that was going to be provided for for tourists and along the path that's their that's not a decorative lighting along the path that uh that goes in line and i forgot to mention that goes in line with the the period of time where the floats are being decorated which i'm going to refer to my reporter as i believe is from 10 a.m. until 7 p.m. and then lighting strung along the path as proposed there'll be lighting along the path yes what time is that lighting going to go off my recommendation is that lighting goes off at the end of the light of parade at 8 30 okay that's a great i may have some comment on that because i'm going to if the people are there when it's over i'm thinking that it should go off at some time after that but maybe not necessarily way at 8 30 they're going to take some time to clear the paths sure but i i i guess that for the homeowners i'm sure they want to restore to normal as soon as possible but i don't know that maybe 8 30 is exactly count some amount of water one of the things to keep in mind is is that the the the event will conclude with all of the floats the up to 12 barges up to 12 up to 12 barges in the lagoon at 8 30 right and then their lights go off so i you know the activity on the path by 8 o'clock 8 15 is going to essentially be over because at that point all the barges will be in the lagoon it's going to be dark out and there's sort of nothing at that point to see in the water so i think encouraging folks whether it's 8 45 or 8 30 that the lights go off on the path i think the activity on the path should be done by 8 30 so what you're saying is it are you saying that when the barges go back under the stockton bridge they won't have their lights on any longer that's correct at 8 30 at the end of the lagoon the lights will go off and those barges will be escorted by the four marshals to the point that they select to get them out of the water so we don't anticipate they're being crowds along the river because all the boats will be in the lagoon yeah the intent is not to have a second parade back off the river okay and i might mention that one of the decisions that we will consider in the evening and the reason for those light stanchions being on the beach two of them is to utilize those lights if needed if there's some congestion with pedestrians and safely getting them from either the stockton bridge or out of the venue we can certainly use those lights if needed all my questions and you had a question or sorry that's okay you had a question hi shock okay so um you covered a lot of things that um i found out um well first of all i went up and down review and talked to a lot of residents um i talked about 12 probably would have had more but they were listening to music because it was Wednesday at the time to do it um so one thing you haven't covered to me is liability uh how are you dealing with that and so that was brought up by one of the residents as a concern they thought the city should worry about me and i'm going to assume that you're more you're specifically asking about liability for an evening event as opposed to overall liability for a special government correct i'm sorry i should have said that yes the light above parade being that it's in water there's chance someone might fall over it's relatively dark you might not notice the person those are the things that were brought up i myself was was concerned from a liability perspective during the conceptual review when there was no specific information or plan in place to manage the total number of people on the river okay i think by having up to 12 decorated lighted barges and no more that minimizes the liability as it relates to the number of people on the creek got it the as i mentioned the ability to have portable lighting if needed available to to the police department certainly minimizes liability uh should we need to light up the venue for safety purposes four marshals on the water is an effort to manage liability and of course having santa cruz fire and their highly trained lifeguards as part of the event manages liability as well okay got it um so excuse me i'm sorry to interrupt but i would also note that the the special department requires the event organizers to obtain a million dollar insurance policy and hold the city harmless from liability i'm sure we do these things i just wanted to ask anyway so you know it was basically about two said no absolutely and 10 people did say yes um but it's important to bring up a couple issues when they did say yes um it wasn't like i was qualified it was we kind of like to some people would say we kind of like to see what it does for a year in other words so a trial run and we're not just doing a blanket thing so people would like to see if it's well managed good outcomes people are happy and stuff like that so that's um sort of a comment that i received um i think you're addressing one thing that really did come up quite a bit and it's mostly based on a residents experience with the begonia festival in particular where a lot of people have drunk a lot and they're all wandering around stuff like that so the general comment was like to see the presence of police and others that have the authority to help manage the situation just to make people know that they're being watched if there's anything that comes out of control they're actually there so um i think that would go a long way to you know getting the general public that live there happy about this event if they see people on the path in the road and they have that sense that there's someone watching there's someone actually there so that doesn't get out of control i might comment on that on that point that with two events in one day the little wharf to wharf that we are not going to treat as a little race it may have five thousand competitors or participants and the nautical parade staff and the police department had to decide which event is larger in our minds and do we need to commit our resources in other words those officers who are on a day off right on an overtime basis to make sure that it's a safe event and in fact that's the nautical parade okay i i think that was a great choice i really um happy you made that choice i'll just give you a little side story for everyone to listen to um so i knocked on this one young lady's house and she came out and i told her and she said wow this is great i just moved to capitol and this is what she's going to do she was just like really great so she was very happy she moved to capitol and um i hope it turns out great stephanie i'm cautious about it i i don't like the idea of having a nighttime activity down there i'm i'm just very concerned about public safety any questions of the chief no okay yes person sorry um i'm just wondering because we have received comments from people who are concerned that the party is going to go on on the riverwalk after the actual parade is over and so even if it's not our um our own officers is there any kind of plan for requesting more first alarm guards or anything to kind of make sure that people move along when it's done and i understand that the idea is that we're going to be wandering down to the lagoon and we're going to stay there and and i think that's how it's going to go but for the sake of kind of addressing the concerns that some of the residents have shared i'd like to know you know are there any plans to ensure the parade observers observers leave the riverwalk when it's over and then maybe kind of a follow-up a half an hour later to make sure no one decided to just stick around and party down there yeah great question i do think that the that a large number of the people who were on the riverwalk will be closer to the bridge and the lagoon at the end of the parade and i think designated an end time um relying upon the marshals to escort those people off the water um manages that concern in part the other thing worth mentioning it's in the staff agenda report the event organizers will be tasked with as one of the conditions having staff available from their group to do that very thing and hopefully they're wearing some attire that identifies them as staff so that they can be mobile along the riverwalk answer questions direct people away from the riverwalk at the conclusion of the event that would greatly assist the police department and then i guess my other question is you mentioned that there were concerns about coordinating with the santa cruz fire department what what concerns are there just coordination logistics in general or i think that concern was more specific to safety on the water than it was to having the central fire district working in conjunction with the police department on this event that's been addressed in my opinion with the plan to have santa cruz fire lifeguards okay part of this event thank you question the chief yeah question so when you said that i thought you were referring to the santa cruz aquatics because they do have a aquatic division and they're set up for water rescue and stuff so in my mistaken is just general referring to the same lifeguard group that supports us during the summer events to provide that's what i suppose okay thank you chief i'm gonna open up the public hearing now anyone from the public oh sorry mr city treasurer what do you have so i have a question for the chief if you don't mind um so you took a uh a 10 percent uh budget hit uh this coming budget on your overtime does this impact that estimate or do you wish to push back because of this event on your estimate no i don't predict it's going to interfere with my estimate at all and in fact the begonia festival was probably the largest draw on police resources from most above the cost in a and a personal perspective this will be a draw but it doesn't interfere from a budgetary perspective in my opinion thank you i'll now open up the public portion anyone who would like to address the council on this item on the agenda please come forward to the podium and we're gonna need time on this because i think we're gonna have a bunch of speakers i hope i promise not to go on all that long i'm Dave Peyton and mayor and council thank you for taking the time today i want to add a little bit of detail to what the chief presented and i'll work off a little bit of my notes but i wanted to talk a little bit how it's going to be set up a little bit in terms of the lighted parade um as we've over the last couple of weeks or so we've begun to develop a little bit more detail uh we're concerned about the impact on the creek itself and certainly the creek side residents and so what we're hopeful of doing is assigning uh times that people will come and build their floats and this is the concept so what you do is you you create and design something off-site you bring it on to site and we're talking about that area that's the what i think you refer to the beach front someone did that kind of open area by the pump house there and people would be assigned a time to come in and construct their float and set their float aside until they're all all there at seven o'clock or seven thirty uh the goal we had was to to eliminate a lot of pressure on to the the creek side residents and working ourselves up the creek the uh the event itself will take place from the the trestle down into and around the the lagoon that's the only thing it'll do so it'll have the least amount of impact we think based on on what the begonias had in the past what we won't have is we won't have thousands of people on the path we won't have days of construction and we won't have the the begonia blossom delivering the creek though we obviously clean them up so this is going to be a neat simple this is our concept anyway a neat simple process where we don't involve the creek and we don't involve the residents all that much so we think it's gonna gonna really minimize that so that'll add some detail to to uh what the chief had talked about a little bit and of course you all know we've we've uh we've brought together an incredible team of people volunteers that can pull this off from begonia and art and wine the car show and wharf to wharf and now from the the yacht harbors lighter boat parade so we've got a group of people could certainly do this and i think lastly let me just comment about the business community has now supported this fully we're ready to we're locked and loaded and ready to go in fact we're on time and we're on budget so uh in today's hearings i guess that makes us aware that that's a first but uh just to let you know i think that if if if it were me it seems that that a lighted boat parade would enhance the the crowds and on a saturday evening and it's got to benefit our merchants in some way so anyway that's my spiel and thank you so much oh wait i think council member botch off would like to do some uh question drill down you said something about and i wasn't sure if you're intent but it sounded like that if you're going to build a barge you you would be given the time you could put it in the water with this preclude melds westman from building a barge in his backyard and coming down the river or would that still not necessarily now those on the river but i have been in order to mitigate that that impact on the the residents along the creek side we felt that we'd have that option so those who who aren't and can't find a spot along the creek side with them would have been able to avail themselves of that spot in that open area so we'd have to kind of have an idea that you know this is the time you show up you've got an hour to construct it but you've already brought something uh that we've already provided guidelines and some some criteria for how you bring that and and bring it to that so that's kind of how we're this is this is unfolding as we sure as i wrote it down today so it's we're we're working along thank you but i think that'll be helpful anyway or if some council member who happens to live on the creek has a bug to build something you know it's just saying that uh someone else please come on up anyone else i know there's more on camp you're next hi lori hi mayor hi council um this i'm lori hill and i've got 17 years of experience with the begoni festival the team that is bringing you the capitol of beach festival is primarily built of the experienced members of the begoni festival the community loved the begoni festival we were sad to see it go and we were actually told that you know we didn't have permission to let it go and here's a group of people that are willing to step up and provide another community oriented festival over a weekend i think their schedule is manageable um begoni festival had activities going into the evening friday saturdays you know we had activities all the time and i've i've always apologized to the chief because the first year that he came to capitol we presented a festival that was this big and it was his first begoni festival and i promised we would never do that again and we're not uh and to look at the the new proposal for the nautical parade um you can think of any number of other possibilities for a nautical parade but in this case what this brings us is a way to kind of look forward in ideas for designing and and putting together these barges and i'd like to think of it as you know the technology and embracing you know the the special lights and you know maybe even uses of computers in the future to to move things but to look to the future and look to the youth they are interested in building that kind of float they aren't interested in building the kinds of floats that we did for begoni festival and the begoni festival nautical parade as they pointed out started the building started in on friday and we weren't finished cleaning up until tuesday and it was immensely an impact on the creek it was a it was a an impact that the community embraced because of the tradition and the beauty but the proposal this before you tonight is this big and it's very deliberately this big and i think it's a great idea thank you thank you lori next seeing no one we will close the public hearing and bring it back to the council and i am um going to let the council have a rate with it and minimize my comments to none because i'm a participant in the committee and although the the city attorney has assured me that i'm not violating anything by voting i think i would be um violating my integrity by promoting things one way or the other with my rhetoric so i'll start with councilmember bachorf um i think a lot of effort has been put on by everybody involved i was originally a very suspect of this event and i had concerns mostly because of liability of on the river uh the number one thing we have to provide here as the city council the safety for all of our residents and i appreciate the efforts that have been made to minimize the impact on the residents i know that a lot of the residents have said that they're they're all full on begonias and they thought they put the begonia festival to bed but you know i i'm willing to give this a chance i think it could be a good event i think they've that a lot of concessions have been made to make it what appears to be me safer i do have one little caveat just uh just because it's night time and because uh who knows what can happen i would like to just include as part of the requirements for the barges that there be at least two buoyancy devices on every barge excellent point christin i just want to say thank you to the committee that has put in the time and and effort to create this new event in um in an effort to replace our our begonia festival i think it's going to be fantastic and i appreciate the chief for answering the questions that i had about um safety and and getting people off of the riverwalk at a reasonable time otherwise i think it's going to be fantastic was that a motion that you made or were you adding to i just made a request i did a question you can go and make a motion oh oh yeah okay well in that case um i will make a motion then to uh prove the special event permit including an encroachment permit amplified sound permit and banner permit for the proposed capitola beach festival um and to request that they include buoyancy two buoyancy devices on each float pft's i'm sorry pft's pft's second all right job you know i i don't think i can add any anything more and uh i'm very uh that is at first but it's not done i'm but i'm not done and i think it's because i think our chief and davis also followed up with some good ideas that i hadn't heard about have already figured out all the things that we need to address um but i think um from talking to some residents we got a year list show it's a good thing because some people were saying no i want to see what it's like and so they were sort of on the fence um so i really appreciate the planning that worked has gone into this thank you stephanie i'm gonna not support the motion okay was there a second yeah to increase it take a roll call vote please councilmember harland no councilmember bertrand hi councilmember peterson hi councilmember botthorff hi mayor termini hi motion passes four to one very cute no i wasn't kidding i was staying uncharacteristically silent thank you name of termini just clarification i did have a sphere done on my location and i'm outside the effect of the uh festival so if there was any question it doesn't stop you from building a float just want to let you know that just want to know that i did look into that thank you um let's go on to consider a resolution on the levy of a capital of village and warf business improvement area assessment for fiscal year 2018 and 19 staff report please ah good evening mayor and council as you mentioned uh this next item before you is the annual levy of the capital of the village warf and business improvement area assessments or bia um back on may 24th you adopted a resolution setting a public hearing today so we're gonna uh the request is to conduct a public hearing and consider the levy for 2019 as well as approving the business plan and budget for fiscal year 19 for the bia just as a reminder the bia assessments are paid by the businesses within that area and the intent is to promote business within the capital village and any costs incurred by the city are reimbursed through the assessments um at the conclusion of the public hearing assuming that there's not more than 50 protest the staff recommendation is to authorize the levy of the assessments and approve the business plan and budget i'm happy to answer any questions that you may have and karin hyna is also here from the business improvement area excellent any questions of staff questions of karin you have a question of staff or karin karin come on up good evening karin um you know when i ever look at the fee schedule i'm just wow this is just an amazing piece of work and the reason why i ask is because you know it's not just a fee it's like in lieu and there must be a story behind how this all came together and i was just wondering if you could comment on i if you don't find but it's it's always made me how did the bi had come up with how to make this all work well actually um i was not on the formation committee because i didn't think it would ever work and i said i'm just i'll be over here running my business and when you guys get through doing all this crap over here you let me know because i'd be glad to help and i'm supportive but there there were you know tons of meetings do we do it by square footage do we do this do we do that how are we structure it and um uh the people you know unfortunately most all the people who were in that formation committee are all not in business at the moment and several of them are no longer with us at all so um there's a lot of fuzzy recollection about how it all really happened the in lieu fee with the gift certificates that came as um in the first after the first year formation or during that first year where you know we really felt that um it was a good promotion device and it helped reduce the actual out of pocket expense of the businesses so that's how that came about and you know it's just been you know 13 years of trial and error we had a vip card for a while that the people could get and then they would get discounts at certain businesses you know we've done different try different things some of them worked some of them did not and i think we're on a good path now this next year we're going to work heavily with social media because that is the way people are finding out on their computers and on their mobile devices where they want to go on vacation what they want to do when they get there and think we've all experienced that by now and um uh this actually is less expensive in a lot of cases than print so our money will go farther um we can do better analytics when you put out some print you know you don't know who's reading it you don't know how long they're keeping it necessarily i mean the print people do studies but when you do it with the analytics on the internet you can get some pretty good details and we have a new advertising agency in the village um called yellow bus it's been around for a long time they've won a lot of awards they do the boardwalk they do a lot of big properties and um they they're members they're helping us and i think it's going to really uh make a huge difference in what we're able to do with our money as far as promoting um on the internet which is again once you have your website established and certain other things it's it can be very inexpensive and your reach can be very wide and very targeted so that's what we that's what we're trying to do for this next year um so we're just you know we're as i said we're always fine tuning it moving forward looking at different holiday type of bands decorations more permanent things we're still talking about permanently lighting the palm trees that is definitely still in in the works ed's been really helpful on on that and mike's been helpful on that because they both are you know have some expertise so i think that might happen actually happen before next next christmas i'm hoping i don't know so that's it little background thank you thanks karen any other questions we'll open this up to the public anyone who would like to address the council seeing none we'll bring it back is there a motion i have a comment comment sure yeah i i i'll go ahead and make a motion to approve stacker staff recommendation but i just uh wait for crickets motion to approve staff recommendation second thank you uh the one comment i want to make is that i'm hoping i'm working with the ba and another project right now that i'm hoping uh is fruitful and my hope is to bring it back at the meeting on the 28th and make a presentation to the council had some preliminary discussions with some members of the ba and i think that we had a extraneous relationship maybe a couple years ago it's better now and i'm hoping that maybe this one will push us way over the finish line to a almost kumbaya relationship i'm just looking forward to a more flattering caricature thank you uh anyone else like to comment no i can all in favor i opposed unanimous thank you very much we'll move on to introduction of an ordinance amending chapter five dot two four of the capitol municipal code pertaining to entertainment permits and we get the pleasure of having the chief with us once again mayor termini members of the council as you mentioned uh before you this evening is an amendment to chapter five two four which governs the issuance of entertainment permits here in the city of capitol it's not an introduction of a new code at all but rather and it's not a change in our current protocol or process that has been in place for many years simply stated there's some cleanup language that is recommended and it's really codifying an agreement that the council brought forward or authorized back in 2005 so chapter five two four is the authority to regulate and of course the issuance of permits and conditions are the contract between staff the city and the permittee we have three types of entertainment permits single entertainment permits are for activities that occur within a seven day period we have none of those currently and had none last year minor entertainment permits entertainment that is incidental to the primary business such as a jukebox we have five currently of those permits issued and then four currently regular permits which is an entertainment industry that offers entertainment as an attraction in addition to the business itself and so this amendment to five two four will codify as i mentioned the process that was agreed upon back in 2005 a couple of things recognizing the renewal of entertainment permits at the staff level new regular entertainment permits would come before council as a presentation for your discretion established conditions that are consistent with each of the three permits single regular and the middle one minor and then of course appeal rights that are established within the mini code in chapter two five two for those permittees whose conditions might have been changed or a permit is revoked another piece of this amendment is removing the sidewalk cleaning language that's currently in the in the code and remove recommendation to remove that language because of a mandate due to water quality that we're familiar with and water regulations in addition to the city's current cleaning sidewalk cleaning schedule that is placed in the village that is my very short presentation i'm more than happy to answer questions questions we have none we'll open it up to the public anyone who'd like to address us on this matter seeing none we'll bring it back what is the pleasure of the council i'm concerned about the sidewalk cleaning so if because of your permit um city manager if you ask him i'm sorry that's all right so i'm just have concern of that so you have a permit for some entertainment and creates a big mess why shouldn't that that business or whoever had the permit clean that up uh council member for trans so this there's a very long history behind the sidewalk cleaning and the associated relationship between the entertainment permits um frankly the language in the code wasn't the process we were implementing and you'll recall through the negotiations with the the bia the last time we were talking about i believe it was measure f the city had been in negotiations with about the bia about paying for more sidewalk cleaning and at that point we agreed to take on the sidewalk cleaning in our budget um so we have an extensive sidewalk cleaning program now by the city in addition back when this was originally written you could walk out with a hose and spray down your sidewalk rewarding before work right and that's not between Soco Creek Water District and stormwater rags and everything else that's just not allowed anymore so you need sort of a um almost a no i've seen yeah specialized contractor or a municipal device to do the sidewalk cleaning so it just it didn't feel like it made sense anymore okay so i the reason why i asked was because i thought this is sort of like an individual thing you know someone does something whatever it is it causes a nuisance on the sidewalk or some sort of that effect no no the the condition was for the the recurring um regular event permit holders to clean their sidewalk system if you have a bar or something like that okay is there a motion motion to approve staff recommendation for a second that's Councilmember Bertrand seconding all in favor aye opposed it's unanimous then bring us to the end of our agenda remarkable work council and congratulations dedicated public servants ed bothor shock Bertrand this is coming up on 12 hours of meetings for you well done the citizens should be proud of you we're lucky you're here i'm glad i'm not on the RTC and um good night capitol